House of Lords Journal Volume 35: June 1779 11-20

June 1779 11-20

DIE Veneris, 11^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS

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-nine."

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

It was resolved in the Affirmative.

Exchequer further Loans Bill:

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

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

It was resolved in the Affirmative.

Message to H. C. that the Lord have agreed to the Two preceding Bills.

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

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

Taplew Enclosure Bill:

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

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

It was resolved in the Affirmative.

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

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

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

Vote of Credit Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the Sum of One million, for the Uses and Purposes therein mentioned."

Moved "to commit the said 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.

Anglesey Coals Bill; Petition against.

Upon reading the Petition of Sir Nicholas Bayly Baronet, taking Notice of a Bill depending in this House, intituled, "An Act for allowing a Drawback of the Duties upon Coals used in smelting Copper and Lead Ores, within the Isle of Anglesey;" and praying their Lordships, "That he may be heard by his Counsel against the said Bill, and that the same may not pass into a Law:"

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing a Drawback of the Duties upon Coals used in smelting Copper and Lead Ores, within the Isle of Anglesey."

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.

Ordered, That Sir Nicholas Bayly Baronet, praying to be heard by his Counsel against the last-mentioned Bill, be at Liberty to be heard by his Counsel, as desired; and that Counsel be heard for the Bill, at the same Time, if they think fit.

Lords summoned.

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

Sinking Fund Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-nine; and for further appropriating the Supplies granted in this Session of Parliament."

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.

Elksley Allotment Bill.

The Lord Willoughby of Parham reported from the Lords Committees, to whom the Bill, intituled, "An Act to confirm and establish the Division and Allotment of certain Commons or Forests and Waste Lands, within the Parish of Elksley, in the County of Nottingham," 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."

Sleagill Enclosure Bill.

The Lord Willoughby of Parham also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Wastes and Commons, lying in the Manor of Sleagill, in the County of Westmorland," 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 was read by the Cerk, as follows:

Pr. 7. L. 29. After ("thereof") insert Clause (A): And whereas the said Manor or Lordship of Sleagill adjoins to the Manor or Lordship of King's Meaburn: And whereas an Act of Parliament was made in the Seventeenth Year of the Reign of His present Majesty, for dividing and enclosing the Common and Waste Grounds within the said Manor or Lordship of King's Meaburn, by which Act the Boundaries of the said Manor or Lordship are directed to be perambulated, ascertained and settled, and the same have, according to the Directions of the said Act, been perambulated, ascertained and settled, and the Common and Waste Grounds within the same Manor or Lordship have been divided, allotted and enclosed: And whereas it would be very injurious to the several Persons interested in the Lands and Grounds which have been divided and enclosed by virtue of the said recited Act, if the Boundaries of the said Manor or Lordship of King's Meaburn, so ascertained and settled as aforesaid, were to be altered or varied; Be it therefore enacted and declared, by the Authority aforesaid, That nothing in this Act contained shall authorize the said Commissioners, or any of them, or any other Person or Persons, to alter or change the present Boundaries of the said Manor or Lordship of King's Meaburn, the same having been settled and ascertained by virtue of the said recited Act, or to disturb or injure any of the Allotments and Enclosures which have been made in pursuance of the Directions of the same Act; any Thing in this Act to the contrary hereof in anywife notwithstanding."

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

Motion for a Gallery, nevigatived.

Moved, "That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order proper Persons to cause a Gallery to be erected, on the Outside of this House, over the Lobby Door, containing Four or more Rows of Benches, as long as the Breadth of the House will admit, for the Accommodation of such Members of the House of Commons as may chuse to attend any Trials at the Bar of this House."

Which being objected to;

After Debate,

The Question was put thereupon ?

It was resolved in the Negative.

Militia Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain, amend and render more effectual the several Laws now in being, relative to the Militia Forces of this Kingdom; and for making certain Provisions relative to the Fencible Men in that Part of Great Britain called Scotland."

After some Time, the House was resumed:

And the Earl of Chesterfield 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.

Smuggling Prevention Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill.

Bill, intituled, "An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned."

After some Time, the House was resumed:

And the Earl of Chesterfield 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.

Convicts 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 the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders:"

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

Vexatious Arrests Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for extending the Provisions of an Act, made in the Twelfth Year of the Reign of King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests;" and for other Purposes:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, duodecimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 12^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Militia Bill.

The Earl of Chesterfield (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to explain, amend and render more effectual the several Laws now in being, relative to the Militia Forces of this Kingdom; and for making certain Provisions relative to the Fencible Men in that Part of Great Britain called Scotland."

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

Pr. 4. L. 8. After ("Counties") leave out ("and they are hereby required")

L. 16. After ("Rank") insert ("And be it enacted by the Authority aforesaid, that for the future all Persons to be appointed Captain Lieutenants, shall have the same Qualifications as Persons serving as Captains are required to have, provided that it shall not be necessary for any Person having acted as Captain Lieutenant, before the passing of this Act, to hold any other Qualification than as a Lieutenant.")

Pr. 6. L. 11. After ("Militia") insert ("if proper Persons duly qualified shall offer themselves for such Service")

L. 15. After ("respectively") insert ("and such Lieutenant shall, and he is hereby required and directed to declare, in the London Gazette, within Six Weeks, the Commission of such Officer to be vacant, and shall proceed to such Appointment accordingly")

L. 19. After ("in the") insert ("London")

L. 20. After ("Officers") insert ("together with the Names of the Officers in whose Stead they are so commissioned")

L. 25 and 26. Leave out ("the Clerks of both Houses of Parliament") and insert ("one of His Majesty's Principal Secretaries of State, in order that they may be laid before")

Pr. 19. L. 15. After ("enrolled") insert ("And whereas by an Act passed in the Second Year of His Majesty's Reign, intituled, "An Act to explain, amend and reduce into one Act, the several Laws relating to the Militia Forces in that Part of Great Britain called England," certain Powers were granted to Deputy Lieutenants and Justices to hold Subdivision Meetings, and to order fresh Ballots, for the Purpose of filling up Vacancies in the Cases therein mentioned, giving Seven Days Notice of such Meetings; and Doubts have arisen to what Cases or Vacancies such Powers extend; be it enacted, That the said Deputy Lieutenants and Justices, shall and may in all Cases, when a regular Discharge of any Militia Man shall be produced to them from any Commanding Officer, certifying the Reason of such Discharge, and that such Reason renders such Militia Man unfit for Service, proceed to confirm the same, and also to cause the Lists to be amended, and other Persons to be chosen to fill up such Vacancies, in like Manner as in and by the said recited Act, or any other Law now in force relating to the Militia, is directed and provided.")

Pr. 21. L. 31. Leave out ("passing of this Act") and insert ("last Tuesday in October next")

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

Then the Second Amendment being again read by the Clerk, was agreed to by the House, with the following Amendment; (videlicet)

Leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

Then the Five next Amendments being again read by the Clerk, were agreed to by the House.

Then the next Amendment being again read by the Clerk, was agreed to by the House, with the following Amendment; (videlicet)

Leave out ("may") and insert ("they are hereby required")

Then the last Amendment being again read by the Clerk, was agreed to by the House.

Smuggling Prevention Bill.

The Earl of Chesterfield (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned."

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

Pr. 8. L. 22. Leave out ("Court") and insert ("Courts") and in the same Line, and Line 23, after ("Exchequer") insert ("in England and Scotland respectively")

L. 30. Leave out from ("in") to ("and") in Line 32, and insert ("such of the said respective Courts")

Pr. 9. L. 39. Leave out ("all") and insert ("if any")

Pr. 10. L. 1. Leave out ("who")

Pr. 13. L. 21. Leave out from ("to") to ("and") in Press 14 Line 12, and insert ("commit such Person or Persons to hard Labour in the House of Correction of the County, City, Town or Place, there to remain for a Term not exceeding Three Years, nor less than One Year: Provided always, that if any Person so convicted shall be approved of by any Officer of His Majesty's Land Forces or Fleet, as an able and proper Person to serve His Majesty, it shall and may be lawful for the said Justices, at such General Quarter Sessions, and they are hereby respectively authorized and required, in lieu of any other Punishment to which such Offender may be liable by this or any former Act for the same Offence or Offences, to order and adjudge every such Offender to serve His Majesty as a Soldier or Sailor, and to cause such Man to be delivered over to such Officer of His Majesty's Land Forces or Fleet, such Officer giving a Receipt under his Hand, acknowledging what Men are so delivered to him, which Receipt such Officer is hereby required to give; and such Officer may, in case he shall find it necessary, detain such Man in some secure House or Place; and the Pay of every such Man so delivered to the Officer or Person appointed to receive him as aforesaid, shall commence from the Time of his being so delivered as aforesaid; and no Person so delivered in pursuance of this Act, shall be liable to be taken out of His Majesty's Service by any Process, other than for some criminal Matter").

Pr. 14. L. 18. Leave out from ("Officer") to ("it") in Line 21, and insert ("of His Majesty's Land Forces or Fleet")

L. 28. Leave out from ("any") to ("of") in Line 30, and insert ("such Officer")

L. 36. After ("aforesaid") insert ("in case such Officer shall approve of such Person or Persons as able and proper to serve His Majesty in Manner aforesaid")

Pr. 17. L. 16. After ("Act") insert ("and shall have been approved of as aforesaid")

L. 24. After ("presume") insert ("knowingly and wilfully")

L. 35. Leave out from ("cashiered") to ("and") in Press 18 Line 10.

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

Maylor against Wathen, in Error.

The House being moved, "That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Paul Maylor is Plaintiff, and Jonathan Wathen is Defendant:"

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

Vexatious Arrests Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for extending the Provisions of an Act, made in the Twelfth Year of the Reign of King George the first, intituled, "An Act to prevent frivolous and vexatious Arrests;" and for other Purposes."

After some Time, the House was resumed:

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

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

Convicts Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders."

After some Time, the House was resumed:

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

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

Vote of Credit Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling His Majesty to raise the Sum of One million, for the Uses and Purposes therein mentioned."

After some Time, the House was resumed:

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

Sinking Fund Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-nine; and for further appropriating the Supplies granted in this Session of Parliament."

After some Time, the House was resumed:

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

Elksley Allotment Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm and establish the Division and Allotment of certain Commons or Forests and Waste Lands, within the Parish of Elksley, in the County of Nottingham."

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

It was resolved in the Affirmative.

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

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

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

Sleagill Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Wastes and Commons lying in the Manor of Sleagill, in the County of Westmorland."

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

It was resolved in the Affirmative.

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

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

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

Laprimaudaye against King:

Upon reading the Petition of John King, Defendant in a Writ of Error depending in this House, wherein Francis Laprimaudaye 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 Petitioner 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 Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

DIE Lunæ, 14^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. Lincoln takes the Oaths.

This Day Thomas Lord Bishop of Lincoln took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of abjuration, pursuant to the Statutes.

Militia Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain, amend and render more effectual the several Laws now in being, relative to the Militia Forces of this Kingdom; and for making certain Provisions relative to the Fencible Men in that Part of Great Britain called Scotland."

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

It was resolved in the Affirmative.

Smuggling Prevention Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned."

Then the following Amendment was proposed to be made to the Amendment made to the said Bill, in Press 13 Line 21; (videlicet) Line 22 in the said Amendment:

After ("Place") leave out ("and the Pay of every such Man so delivered to the Officer or Person appointed to receive him as aforesaid, shall commence from the Time of his being so delivered as aforesaid")

The same was agreed to, and ordered accordingly.

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

It was resolved in the Affirmative.

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

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

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

Message from H. C. to return Taplow Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Commonable Lands and Waste Grounds, within the Parish and Manor of Taplow, in the County of Buckingham;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto.

Greenwich Hospital. Motion to print Proceedings, negatived.

Moved, "That the Proceedings of the Committee appointed to take into Consideration the Affairs of Greenwich Hospital, together with the Evidence delivered at the Bar of this House, be printed."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Parliament, Motion relative to proroguing, negatived.

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

It was moved to resolve, "That any Person who shall presume to advise His Majesty, at this most critical Juncture of Affairs, to prorogue Parliament, ought to be deemed guilty of a criminal Rashness and Neglect of the Public Safety."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Vexatious Arrests Bill.

The Earl of Chesterfield (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act for extending the Provisions of an Act, made in the Twelfth Year of the Reign of King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests;" and for other Purposes."

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

Pr. 1. L. 32. After ("the") leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

Pr. 2. L. 18. After ("the") leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

Pr. 3. L. 14. In Clause (A) after ("upon") leave out ("Certificate under the Hand and Seal of the Judge of such inferior Court") and insert ("Affidavit made and filed therein")

In the same Clause, L. 17. After ("obtained") insert ("and diligent Search and Enquiry been made after the Defendant or Defendants, and his, her or their Effects")

In the same Clause, L. 22. After ("Court") insert ("which Affidavit may be made before a Judge or Commissioner authorized to take Affidavits, and such superior Court to cause the Record of the said Judgement to be removed into such superior Court, and to award to the Plaintiff the Costs of such Removal")

In the same Clause, L. 22. After ("Execution") insert ("thereupon and for the Costs of such Removal")

In the same Clause, L. 29, leave out from ("Westminster") to the End of the said Clause (A.)

In Clause (B) L. 3, after ("the") leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

In the same Clause, L. 26, after ("affirmed") insert ("or the said Writ of Error be Non-pros'd")

In Clause (C) L. 9, after ("case") leave out ("the Verdict") and insert ("Judgement")

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

Convicts 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 explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders;"

Ordered, That the said Report be received Tomorrow.

Anglesey Coals Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for allowing a Drawback of the Duties upon Coals used in smelting Copper and Lead Ores, within the Isle of Anglesey;"

Moved, "That the House be put into a Committee upon the said Bill on this Day Month."

Which being objected to;

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the House be put into a Committee upon the said Bill on this Day Month.

Adjourn.

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

DIE Martis, 15^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vexatious Arrests Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for extending the Provisions of an Act, made in the Twelfth Year of the Reign of King George the first, intituled, "An Act to prevent frivolous and vexatious Arrests;" and for other Purposes."

Then the following Amendments were proposed to be made to the Amendments reported from the Committee of the whole House.

Fol. 1. L. 12. In the Paper of Amendments, after ("and") insert ("of") and in the same Line, after ("Enquiry") insert ("having")

L. 13. After the Word ("after") insert ("the Person or Persons of the Defendant or Defendants, or his, her or their Effects, and of Execution having issued against the Person or Persons or Effects, as the Case may be, of the Defendant or Defendants")

L. 20. After ("Court") leave out ("and to award to the Plaintiff the Costs of such Removal")

Fol. 2. L. 2. After ("thereupon") leave out ("and for the Costs of such Removal")

L. 5. After ("Westminster") insert the Words proposed to be left out by that Amendment, which are as follow; (videlicet) ("and the Sheriff, upon every such Execution, shall, and he is hereby authorized to detain the Defendant or Defendants, until the Sum of Twenty Shillings be paid to him, or to levy the same out of the Effects, according to the Nature of the Execution, for the extraordinary Costs of the Plaintiff or Plaintiffs in the inferior Court, subject to the said Judgement, and of the Execution in the superior Court, over and above the Money for which such Execution shall be issued")

The same was agreed to, and ordered accordingly.

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 sent to the House of Commons, by Mr. Eames and Mr. Pechell:

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

Convicts Bill.

The Earl of Chesterfield (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act to explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders."

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

Pr. 1. L. 11. After ("the") leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

Pr. 23. L. 35. After ("or") insert ("the County of Middlesex, or during the Affizes")

Pr. 25. L. 40. After ("Martyr") insert ("in the Year of our Lord One thousand seven hundred and seventy-nine, or at any Adjournment of the same Sessions")

Pr. 26. L. 14. After ("the") leave out ("passing of this Act") and insert ("First Day of July One thousand seven hundred and seventy-nine")

P. 27. L. 36. After ("Years") insert ("or in Case such Offender shall be liable to be transported for Fourteen Years, not exceeding Seven Years")

P. 61. L. 8. After ("by") leave out ("another Act") and insert ("Two subsequent Acts, the one")

L. 10. After ("Majesty") insert ("and the other in the present Session of Parliament")

L. 11. After ("of") leave out ("June") and insert ("July")

L. 12. After ("shall") leave out ("from and immediately after the passing of this Act be, and the same is hereby repealed, except")

L. 18. After ("this") leave out ("Act") and insert ("Acts")

L. 20. After ("Act") leave out ("and that with regard to the respective Terms of Consinement of such Offenders, the said Act shall")

L. 27. After ("said") leave out ("Act") and insert ("Acts")

L. 29. After ("notwithstanding") leave out ("but") and insert ("save only that")

L. 31. After ("the") leave out ("passing of this Act") and insert ("said First Day of July")

And the said Amendments being again read by the Clerk, were agreed to by the House.

Then the following Amendments were proposed to be made to the said Bill:

Pr. 6. L. 4 and 5. Leave out ("on or before the Twenty-fourth Day of June next after the passing of this Act")

Pr. 24. L. 20. After ("Law") insert ("on account of any other Crime")

Pr. 26. L. 21. After ("or") insert ("for the Royal Franchise of Ely, or at")

Pr. 27. L. 28. After ("Peace") leave out ("of") and insert ("or")

The same were agreed to, and ordered accordingly.

Maylor against Wathen:

A Petition of Jonathan Wathen, Defendant in a Writ of Error depending in this House, wherein Paul Maylor is Plaintiff, which stands appointed for hearing, was presented and read; setting forth, "That the Petitioner apprehends the said Writ of Errors is brought merely for Delay, and to harrass and oppress the Petitioner;" and therefore praying their Lordships, "To appoint a short Bye-Day for hearing the Errors assigned by the Plaintiff; or that their Lordships will be pleased to make such other Order in the Premises, as to their Lordships, in their great Wisdom, shall seem meet."

And thereupon the Agents on both Sides were called in, and heard at the Bar; and the Agent for the Plaintiff in Error consenting to withdraw his Assignment of Errors, and that the said Writ of Error should be Non-pros'd:

Writ of Error Non-pros'd with Costs.

Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error; 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 Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

DIE Mercurii 16^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bissell against The King, in Error.

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

Joseph Bissell is Plaintiff,
and
Our Sovereign Lord The King, at the Relation of Ambrose Weston, is Defendant.

Convicts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend the Laws relating to the Transportation, Imprisonment, and other Punishment of certain Offenders."

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 sent to the House of Commons, by Mr. Eames and Mr. Montagu:

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

Message from H. C. to return Smuggling Prevention Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper, and others:

To return the Bill, intituled, "An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Spanish Ambassador's Recall, Lords summoned.

The Lord Viscount Weymouth acquainted the House, That he had Orders from His Majesty to inform their Lordships, That a Message from His Majesty, on Account of the Spanish Ambassador being recalled, would be delivered To-morrow;" and then moved, That the Lords be summoned for To-morrow.

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, decimum septimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 17^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord Amherst on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded Us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose; which Commission you will now hear read."

Then the said Commission was read by the Clerk, as follows:

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons in this Our present Parliament assembled, and indorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue, (that is to say) "An Act for granting to His Majesty several additional Duties on Stamped Vellum, Parchment and Paper; and for better securing the Stamp Duties upon Indentures, Leases, Deeds and other Instruments." An Act for repealing the Duties on all inhabited Houses, imposed by an Act made in the last Session of Parliament, and for granting to His Majesty other Duties upon all inhabited Houses in Great Britain, and for amending the said Act; and also for amending so much of an Act, made in the Seventeenth Year of the Reign of His present Majesty, as imposes a Duty upon all Servants retained or employed in the several Capacities therein mentioned." "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-nine." "An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and seventy-nine." "An Act for the further Augmentation of the Salaries of the Puisne Justices of the Courts of King's Bench and Common Pleas, and of the Barons of the Cois of the Court of Exchequer at Westminster." "An Act for altering, amending and enforcing so much of an Act, made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty certain Duties on Licences to be taken out by all Persons acting as Auctioneers; and certain Rates and Duties on all Lands, Houses, Goods and other Things sold by Auction; and upon Indentures, Leases, Bonds, Deeds and other Instruments," as relates to the Method of granting Licences to Auctioneers, and to the collecting the Duties on Estates and Goods sold by Auction." "An Act for enlarging the Times appointed for the Meetings of Commissioners or Trustees, for putting in Execution certain Acts of this Session of Parliament." " An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned." "An Act to permit the Removal of Lime, and other Articles necessary for the Improvement of Land, without Cocquet or Bond." "An Act for continuing in the Possession of the United Company of Merchants of England trading to the East Indies, for a limited Time, and under certain Conditions, the Territorial Acquisitions and Revenues lately obtained in the East Indies; and for continuing, for a limited Time, so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe," as will expire in the Course of the present Year." " An Act for the Encouragement of Seamen, and the more speedy and effectual Manning His Majesty's Navy." "An Act to enable the Commissioners of His Majesty's Treasury to compound a Debt due to the Crown from James Gildart, and his Sureties; and for vesting the Estates of the said James Gildart in Francis Gildart and Thomas Gildart; and for other Purposes therein mentioned." 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." "An Act for reviving and continuing the Term, and varying the Powers of an Act, made in the Twenty-ninth Year of His late Majesty, for amending, widening and keeping in Repair, several Roads leading from the Market House, and elsewhere in the Town of Ludlow, in the County of Salop; and for amending and keeping in Repair, the Road leading from the Turnpike or Side Gate in the Parish of Ashford Bowdler, to the Turnpike Road on the Clee Hill, in the said County." "An Act for enlarging the Term of an Act, passed in the Twelsth Year of His present Majesty's Reign, for building a temporary Bridge over the River Tyne, between the Town of Newcastle upon Tyne and Gateshead, in the County of Durham; for completing the new Stone Bridge over the said River; and for making the Avenues to, and the Passage over the same, more commodious." "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Road from the Town of Cirencester to the Town of Stroud, and that Part of Rodborough Hill which leads to Dudbridge; and also the Road leading from Cirencester towards Bisley, so far as the Bottom of Gulph Hill, all in the County of Gloucester." "An Act to enlarge the Term and Powers of an Act, passed in the Thirty-first Year of the Reign of His late Majesty King George the Second, for repairing and widening the Road from Cirencester, in the County of Gloucester, to Cricklade, in the County of Wilts." "An Act for confirming and carrying into Execution, an Award touching certain Questions and Disputes between the Right Honourable Edward Lord Beaulieu and Isabella Lady Beaulieu his Wife, and the most Noble George Duke of Montagu, Henry Duke of Buccleugh, and Elizabeth Dutchess of Buccleugh his Wife, and the Right Honourable Charles William, eldest Son of the said Duke and Dutchess of Buccleugh, commonly called Earl of Dalkeith." "An Act to enable the Trustees of certain Estates, situate in the Parishes of Saint Mary Redcliffe and Saint Thomas, or one of them, in the City of Bristol, given by Thomas Eden the Elder, late of Breadmarston, in the Parish of Pebworth, in the County of Gloucester, Gentleman, for charitable Uses, to grant Building Leases thereof." "An Act for dividing, allotting and enclosing the several Whole Year Lands, Common Fields, Half Year Lands, Shack Meadows and Heaths, and other Commons, Waste and Commonable Lands, within the Parish of Darsingham, otherwise Dersingham, in the County of Norfolk." "An Act for dividing and enclosing the Commons or Moors and Waste Grounds, within the Manor or Lordship of Morland, in the Parish of Morland, in the County of Westmorland." An Act for dividing, allotting and enclosing certain Open and Common Fields, Common Pastures and other Commonable Lands, Meadows and Waste Lands, within the Parish of Chisledon, in the County of Wilts." "An Act for dividing, allotting and enclosing the Whole Year Lands and Brecks, Common Fields, Half Year Lands and Heaths, and Commons and Commonable and Waste Lands, within the Parish of Grimston, in the County of Norfolk." "An Act for dividing and enclosing the Commons or Waste Grounds, within the Township of Cranage, in the County Palatine of Chester." "An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manor of Hasland, in the County of Derby." "An Act to confirm and establish the Division and Allotment of certain Commons or Forests and Waste Lands, within the Parish of Elksley, in the County of Nottingham." An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Commonable Lands and Waste Grounds, within the Parish and Manor of Taplow, in the County of Buckingham." "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." "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." "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." And albeit, the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and Well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; And also, commanding the most Reverend Father in God, Our right trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right Well-beloved Cousins and Counsellors Granville Earl Gower, President of Our Council; William Earl of Dartmouth, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors Augustus Henry Duke of Grafton, Thomas Duke of Leeds, Hugh Duke of Northumberland, Master of Our Horse; Our right trusty and right Well-beloved Cousins and Counsellors William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; John Earl of Sandwich, First Commissioner of Our Admiralty; William Henry Earl of Rochford, Hugh Earl of Marchmont, John Earl of Ashburnham, Groom of Our Stole; Wills Earl of Hillsborough, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and Well-beloved Cousins and Counsellors George Viscount Townshend, Thomas Viscount Weymouth, One of Our Principal Secretaries of State; and Our right trusty and Well-beloved Counsellor Jeffery Lord Amherst, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of You the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also, to enrol these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them, a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster, the Seventeenth Day of June, in the Nineteenth Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills to be passed, severally, as follow, (videlicet)

1. An Act for granting to His Majesty several additional Duties on Stamped Vellum, Parchment and Paper; and for better securing the Stamp Duties upon Indentures, Leases, Deeds and other Instruments."

2. An Act for repealing the Duties on all inhabited Houses, imposed by an Act made in the last Session of Parliament, and for granting to His Majesty other Duties upon all inhabited Houses in Great Britain, and for amending the said Act; and also for amending so much of an Act, made in the Seventeenth Year of the Reign of His present Majesty, as imposes a Duty upon all Servants retained or employed in the several Capacities therein menioned."

3. 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-nine."

4. An Act for raising a further Sum of Money by Loans or Exchequer Bills, for the Service of the Year One thousand seven hundred and seventy-nine."

5. An Act for the further Augmentation of the Salaries of the Puisne Justices of the Courts of King's Bench and Common Pleas, and of the Barons of the Coif of the Court of Exchequer at Westminster."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words; (videlicet)

Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

6. An Act for altering, amending and ensorcing so much of an Act, made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act for granting to His Majesty certain Duties on Licences to be taken out by all Persons acting as Auctioneers; and certain Rates and Duties on all Lands, Houses, Goods and other Things sold by Auction; and upon Indentures, Leases, Bonds, Deeds and other Instruments," as relates to the Method of granting Licences to Auctioneers, and to the collecting the Duties on Estates and Goods sold by Auction."

7. An Act for enlarging the Times appointed for the Meetings of Commissioners or Trustees, for putting in Execution certain Acts of this Session of Parliament."

8. An Act for the more effectually preventing the pernicious Practices of Smuggling in this Kingdom; and for indemnifying Persons who have been guilty of Offences against the Laws of the Customs and Excise, upon the Terms therein mentioned."

9. An Act to permit the Removal of Lime, and other Articles necessary for the Improvement of Land, without Cocquet or Bond."

10. An Act for continuing in the Possession of the United Company of Merchants of England trading to the East Indies, for a limited Time, and under certain Conditions, the Territorial Acquifitions and Revenues lately obtained in the East Indies; and for continuing, for a limited Time, so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe," as will expire in the Course of the present Year."

11. An Act for the Encouragement of Seamen, and the more speedy and effectual Manning His Majesty's Navy.

12. An Act to enable the Commissioners of His Majesty's Treasury to compound a Debt due to the Crown from James Gildart and his Sureties; and for vesting the Estates of the said James Gildart in Francis Gildart and Thomas Gildart; and for other Purposes therein mentioned."

"13. 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."

14. An Act for reviving and continuing the Term, and varying the Powers of an Act, made in the Twenty-ninth Year of His late Majesty, for amending, widening and keeping in Repair, several Roads leading from the Market House, and elsewhere in the Town of Ludlow, in the County of Salop; and for amending and keeping in Repair, the Road leading from the Turnpike or Side Gate in the Parish of Ashford Bowdler, to the Turnpike Road on the Clee Hill, in the said County.

15. An Act for enlarging the Term of an Act, passed in the Twelfth Year of His present Majesty's Reign, for building a temporary Bridge over the River Tyne, between the Town of Newcastle upon Tyne and Gateshead, in the County of Durham; for completing the new Stone Bridge over the said River; and for making the Avenues to, and the Passage over the same, more commodious."

16. An Act to enlarge the Term and Powers of an Act, passed in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Road from the Town of Cirencester to the Town of Stroud, and that Part of Rodborough Hill which leads to Dudbridge; and also the Road leading from Cirencester towards Bisley, so far as the Bottom of Gulph Hill, all in the County of Gloucester."

"17. An Act to enlarge the Term and Powers of an Act, passed in the Thirty-first Year of the Reign of His late Majesty King George the Second, for repairing and widening the Road from Cirencester, in the County of Gloucester, to Cricklade, in the County of Wilts."

To these Bills the Royal Assent was pronounced severally, by the Clerk Assistant, in these Words; (videlicet)

"Le Roy le veult."

18. An Act for consirming and carrying into Execution, an Award touching certain Questions and Disputes between the Right Honourable Edward Lord Beaulieu and Isabella Lady Beaulieu his Wife, and the most Noble George Duke of Montagu, Henry Duke of Buccleugh, and Elizabeth Dutchess of Buccleugh his Wife, and the Right Honourable Charles William, eldest Son of the said Duke and Dutchess of Buccleugh, commonly called Earl of Dalkeith."

19. An Act to enable the Trustees of certain Estates, situate in the Parishes of Saint Mary Redcliffe and Saint Thomas, or one of them, in the City of Bristol, given by Thomas Eden the Elder, late of Broadmarston, in the Parish of Pebworth, in the County of Gloucester, Gentleman, for charitable Uses, to grant Building Leases thereof."

20. An Act for dividing, allotting and enclosing the several Whole Year Lands, Common Fields, Half Year Lands, Shack Meadows and Heaths, and other Commons, Waste and Commonable Lands, within the Parish of Darsingham, otherwise Dersingham, in the County of Norfolk."

"21. An Act for dividing and enclosing the Commons or Moors and Waste Grounds, within the Manor or Lordship of Morland, in the Parish of Morland, in the County of Westmorland."

"22. An Act for dividing, allotting and enclosing certain Open and Common Fields, Common Pastures and other Commonable Lands, Meadows and Waste Lands, within the Parish of Chisledon, in the County of Wilts."

"23. An Act for dividing, allotting and enclosing the Whole Year Lands and Brecks, Common Fields, Half Year Lands and Heaths, and Commons and Commonable and Waste Lands, within the Parish of Grimston, in the County of Norfolk."

"24. An Act for dividing and enclosing the Commons or Waste Grounds, within the Township of Cranage, in the County Palatine of Chester."

"25. An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manor of Hasland, in the County of Derby."

"26. An Act to confirm and establish the Division and Allotment of certain Commons or Forests and Waste Lands, within the Parish of Elksley, in the County of Nottingham."

"27. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Commonable Lands and Waste Grounds, within the Parish and Manor of Taplow, in the County of Buckingham."

"28. 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."

"29. 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."

"30. 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."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

E. Chatham sat first in Parliament:

This Day John Earl of Chatham sat first in Parliament, after the Death of his Father William Earl of Chatham; 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.

D. Rutland sat first in Parliament:

This Day Charles Duke of Rutland sat first in Parliament, after the Death of his Grandfather John Duke of Rutland; his Grace 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 Grace's Pedigree, pursuant to the Standing Order.

Messages from H. C. to return Vexatious Arrests Bill:

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

To return the Bill, intituled, "An Act for extending the Provisions of an Act, made in the Twelfth Year of the Reign of King George the First, intituled, " An Act to prevent frivolous and vexatious Arrests;" and for other Purposes;" and to acquaint this House, That they have agreed to their Lordships Amendments thereto.

and Militia Bill:

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

To return the Bill, intituled, " An Act to explain, amend and render more effectual, the several Laws now in being, relative to the Militia Forces of this Kingdom; and for making certain Provisions relative to the Fencible Men in that Part of Great Britain called Scotland;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

and Convicts Bill:

A Message was brought from the House of Commons, by Sir Charles Bunbury, and others:

To return the Bill, intituled, " An Act to explain and amend the Laws relating to the Transportation, Imprisonment and other Punishment of certain Offenders;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

and Dumergue's Divorce Bill.

A Message was brought from the House of Commons, by Sir Philip Jennings Clerke, and others:

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

Vote of Credit Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the Sum of One Million, for the Uses and Purposes therein mentioned."

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

It was resolved in the Affirmative.

Sinking Fund Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-nine; and for further appropriating the Supplies granted in this Session of Parliament."

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 Mr. Eames and Mr. Montagu:

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

Spanish Manisesto, Message from His Majesty relative to:

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

The Lord Viscount Weymouth acquainted the House, That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships;" and the same was read by the Lord Chancellor, and is as follows; (videlicet)

GEORGE R.

The Ambassador of the King of Spain having delivered a Paper to Lord Viscount Weymouth, and signified, that he has received Orders from his Court immediately to withdraw from this Country, His Majesty has judged it necessary to direct a Copy of that Paper to be laid before the House of Lords, as a Matter of the highest Importance to His Crown and People; and His Majesty acquaints them at the same Time, That He has found himself obliged, in consequence of this hostile Declaration, to recall His Ambassador from Madrid.

His Majesty declares, in the most solemn Manner, That His Desire to preserve and to cultivate Peace and friendly Intercourse with the Court of Spain, has been uniform and sincere; and that His conduct towards that Power has been guided by no other Motives or Principles than those of good Faith, Honour and Justice; and His Majesty sees, with the greater Surprise, the Pretences on which this Declaration is grounded, as some of the Grievances enumerated in that Paper, have never come to the Knowledge of His Majesty, either by Representation on the Part of the Catholic King, or by Intelligence from any other Quarter; and in all those Cases, where Applications have been received, the Matter of Complaint has been treated with the utmost Attention, and put into a Course of Enquiry and Redress.

His Majesty has the firmest Confidence that the House of Lords will, with that Zeal and Publick Spirit which He has so often experienced, support His Majesty in His Resolution to exert all the Power, and all the Resources of the Nation, to resist and repel any hostile Attempts of the Court of Spain; and that, by the Blessing of God on the Rectitude of His Intentions and the Equity of His Cause, His Majesty will be able to withstand and to defeat the unjust and dangerous Enterprizes of His Enemies against the Honour of His Crown, and the Commerce, the Rights and the common Interests of all His Subjects.

"G. R."

The same was read Twice by the Clerk.

Manifesto delivered:

Then the Lord Viscount Weymouth (by His Majesty's Command) laid before the House,

Copy of a Paper delivered to Lord Viscount Weymouth by the Marquis D'Almodovar, 16th June 1779;" together with a Translation thereof.

The same was read by the Clerk.

Motion for an Address thereon:

Moved, "That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House, for His most gracious Message, and Communication of the Paper delivered to Lord Viscount Weymouth by the Ambassador of the King of Spain, which we cannot but consider as a Matter of the highest Importance to His Majesty's Crown and People; and for acquainting us, that in consequence of this hostile Declaration, His Majesty has found himself obliged to give Orders to His Ambassador to withdraw from that Court.

To assure His Majesty that, among the many Proofs we have received of His Majesty's constant Care and Concern for the Safety and Happiness of His People, His Majesty's Declaration of His sincere Desire to preserve and to cultivate Peace and friendly Intercourse with the Court of Spain, cannot fail to inspire us with the highest Sentiments of Gratitude and Attachment; and that, animated by His Majesty's Example, we will, with unshaken Fidelity and Resolution, and with our Lives and Fortunes, stand by and support His Majesty against all the hostile Designs and Attempts of His Enemies against the Honour of His Crown, and the Rights and common Interests of all His Subjects."

The same was read by the Clerk.

Amendments proposed and negatived:

Then an Amendment was proposed to be made to the said Motion for an Address, by inserting at the End thereof the following Words; (videlicet)

("All which, however, is said as well conditionally, as in humble Hope and Confidence, that awakened, as Your Majesty must at length be, to the impending Ruin of the State, by the Incapacity and Wickedness of those Ministers to whom the Administration of Government has been entrusted, Your Majesty will see the Necessity of removing those Ministers from Your Royal Councils and Presence, and of placing others in their Room, who (by a Change of System, and in so doing by obtaining the Confidence of Your Majesty's loyal Subjects at large) may unite the Whole as with one Mind and one Body, as the only Means of Preservation left for the political Existence of this once great but now expiring Empire.")

Which being objected to,

After Debate,

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

It was resolved in the Negative.

Then the following Amendment was proposed to be made to the said Motion for an Address, by inserting at the End thereof these Words; (videlicet)

("That in a Moment so critical as that which now presents itself to the Consideration of Parliament, (the most awful this Country has ever experienced) it would be deceiving His Majesty and the Nation, if, at the same Time that we lament the fatal Effects of those Councils which, by dividing and wasting the Force of the Empire by Civil Wars, have invited our natural Enemies to take Advantage of our weak and distracted Condition, we were not to represent to His Majesty, that the only Means of resisting the powerful Combination which now threatens this Country, will be by a total Change of that System which has involved us in our present Difficulties in America, in Ireland and at Home.

By such Means, attended with prudent Œconomy, and a due Exertion of the Forces of a free and united People, we trust that His Majesty, with the Assistance of the divine Providence, will be able to withstand all his Enemies, and to restore Great Britain to its former respected and happy Condition.")

Which being objected to,

After Debate,

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

It was resolved in the Negative.

DISSENTIENT.

Protest thereupon:

1st, Because the Amendment proposed, recommending to His Majesty a Change of System in the Principles and Conduct of the War, appears to us to be warranted by every Consideration which Prudence and Experience can suggest, and to be called for by the extreme Magnitude of the Dangers which surround us. The formal Surrender of all Right to tax North America, proposed by the very same Ministers who, at the Expence of Fifty thousand Lives, and Thirty millions of Money, had for Three Years successively attempted to establish this Claim, necessarily proves either that those Principles of Legislation, which they had thus asserted and thus abandoned, were unjust in themselves, or that the whole Power of Great Britain, under their Conduct, was unable to effectuate a reasonable Dependency of its own Colonies. A Dilemma, dishonourable to them, and ruinous to us; and which, whatever Side is taken, proves them wholly undeserving of the future Confidence of a Sovereign and a People, whose implicit Trust in them (the largest which was ever reposed in Ministers by any King or any Nation) they have abused in a Manner of which the Records of Parliament, and the Calamities of the Nation, are but too faithful Witnesses.

If, with the whole Force of Great Britain and Ireland, aided by the most lavish Grants, assisted by Thirty thousand Germans, unobstructed for a long Time by any foreign Power, they have failed in Three Campaigns against the unprepared Provinces of North America, we should hold ourselves unworthy of all Trust, if we were willing to conside in those Abilities which have totally failed in the single Contest with the Colonies, for rescuing us from the united and fresh Efforts of France and Spain, in Addition to the successful Resistance of North America.

In such a Situation, a Change of System appears to us to be our indispensable Duty to advise. We have considered such a Change as the only Means of procuring that Union of Councils, that voluntary Effort of every Individual in the Empire, which is necessary to be called forth in this Hour of Danger. We have readily concurred in a sincere Offer of our Lives and Fortunes, in support of His Majesty against the Attacks of His Enemies. Those valuable Pledges, both of what is our own personally, and of what belongs to our fellow Citizens, (which ought to be and are no less dear to us), give us a full Right to claim and demand some better Security for their being employed with Judgement and Effect, for the Purposes for which we offer them, than can be derived from the Opinions in which all Mankind concur, of the total Want of Capacity of His Majesty's Ministers.

We have avoided recommending any specific Measures, in order not to embarrass Government in a Moment of such Difficulty. But we have no Scruple in declaring, that whatever may be the future Conduct of Great Britain with respect to America, the collecting our Force at a proper Time to resist and to annoy our natural Rivals and antient Enemies, seems to us beyond a Doubt to be proper and expedient.

2dly, We think this Advice the more seasonable, because we know the obstinate Attachment of the Ministers to that unfortunate System, from the fatal Predilection to which, they have suffered the Safety of the State to be endangered, and the Naval Strength of our powerful, jealous and natural Rivals, to grow under their Eyes, without the least Attempt to interrupt it, until it had arrived at its present alarming Magnitude and hostile Direction.

3dly, This Plan appears to us strongly enforced by the melancholy Condition in which the Misconduct and criminal Neglects of the Ministers have placed us. Our best Resources wasted and consumed; the British Empire rent asunder; a Combination of the most powerful Nations formed against us, with a Naval Superiority both in Number of Ships and Alacrity of Preparation; and this Country now for the First Time left entirely exposed, without the Aid of a single Ally; we should think ourselves Partakers in the Offences of the Ministers, and Accessories to our own Destruction, if we neglected any possible Means of securing a proper Application of all the Force we have left, from a blind Confidence in Persons, on whose Account no Nation in Europe will have any Confidence in us. A manly Disposition in Parliament, to apply the National Wisdom to the Cure of the National Distempers, would restore our Credit and Reputation abroad, and induce foreign Nations to court that Alliance which they now fly from; would invigorate our Exertions at Home, and call forth the full Operation of that British Spirit which has so often, under the Direction of wise Counsel and a protecting Providence, proved superior to Numbers, but which can have no Existence but from a well founded Opinion, that it is to be exerted under Ministers and Commanders who possess the Esteem and Affection of the People.

We have in vain called for some Plan on which to build better Hopes, or for some Reason for adhering to the present System.

We have in vain requested to know what have been the Circumstances of the Mediation, what are the Grievances complained of by the Spanish Court, in order that we may weigh the Justice of that War in which we are going to engage: On which Foundation alone we can rely for the Protection of Providence.

We have urged the Necessity of the great Council of the Nation continuing to sit, that His Majesty may not be deprived of the Advice of Parliament in such a difficult Crisis.

All these Representations have been met with a sullen and unsatisfactory Silence; which gives us but too much Reason to conclude, that Ministers mean to persevere in that unhappy Course which has been the Cause of all our Misfortunes. After doing our utmost to awaken the House to a better Sense of Things, we take this Method of clearing ourselves of the Consequences which must result from the Continuance of such Measures."

Foley.
Egremont.
Fitzwilliam.
Beaulieu.
Richmond.
Manchester.
Abergavenny.
Effingham.
Derby.
Ferrers.
De Ferrars.
King.
Harcourt.
Portland.
Rockingham.
Radnor.
Scarbrough.
Coventry.
Ponsonby.
Hereford.
Devonshire.

Then the said Motion for an Address, as at first proposed, was agreed to Nemine Dissentiente.

Committee to prepare Address:

Then the Lords following were appointed a Committee, to prepare an Address pursuant thereto; (videlicet)

Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew to prepare the Address.

After some Time, the House was resumed:

And the Lord Viscount Weymouth reported from Committee, an Address drawn by them, as follows (videlicet)

Address reported and agreed.

Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, beg leave to return Your Majesty our humble Thanks for Your most gracious Message, and Communication of the Paper delivered to Lord Viscount Weymouth by the Ambassador of the King of Spain, which we cannot but consider as a Matter of the highest Importance to Your Majesty's Crown and People; and for acquainting us that, in consequence of this hostile Declaration, Your Majesty had found Yourself obliged to give Orders to Your Ambassador to withdraw from that Court.

We beg Leave to assure Your Majesty, that among the many Proofs we have received of Your Majesty's constant Care and Concern for the Safety and Happiness of Your People, Your Majesty's Declaration of Your sincere Desire to preserve and to cultivate Peace and friendly Intercourse with the Court of Spain, cannot fail to inspire us with the highest Sentiments of Gratitude and Attachment; and that, animated by Your Majesty's Example, we will, with unshaken Fidelity and Resolution, and with our Lives and Fortunes, stand by and support Your Majesty, against all the hostile Designs and Attempts of Your Enemies, against the Honour of Your Crown, and the Rights and common Interests of all Your Majesty's Subjects."

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

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Adjourn.

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

DIE Veneris, 18^o Junii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be attended with Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day, at Half an Hour past Two o'Clock, at His Palace of Saint James."

Adjourn.

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