House of Lords Journal Volume 36: May 1783 21-30

May 1783 21-30

DIE Mercurii, 21^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Dundas et al. against Sir T. Dundas:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Laurence William, Charles, Margaret, Charlotte, Thomas, Frances, Laura, George and Robert Dundas, Children of the Marriage betwixt Sir Thomas Dundas Baronet and Lady Charlotte Fitzwilliam his Wife, and the Trustees of the said Children, and Robert Bruce Esquire of Kennet, One of the Senators of the College of Justice, their Tutor ad litem; Mary Dundas alias Bruce, Third Daughter of Thomas Dundas of Kingask, and Spouse of James Bruce of Kinnaird; James Bruce and Janet Maitland Bruce, Children procreate betwixt the said Mary Dundas and James Bruce; and the said James Bruce of Kinnaird for himself and his Interest, and as Administrator in Law for his said Children; Thomas Dundas Esquire, of Fingash, Janet Haldane only Child of the Marriage betwixt the deceased Bethea Dundas and George Haldane of Glcaneagles Esquire, and the said George Haldane as Administrator in Law for his Daughter; John and Thomas Gibsons only Children of the Marriage betwixt the deceased Margaret Bruce Dundas and Alexander Gibson Esquire, of Durie; and the said Alexander Gibson as Administrator in Law for his said Children; complaining of Two Interlocutors of the Lords of Session in Scotland of the 25th of February and 11th of March 1783; and praying, "That the same might be reversed, varied or amended, 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 Sir Thomas Dundas Baronet put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be and the same are hereby reversed, in so far as they find that the Deed of Entail libelled on is effectually revoked by the Deed executed by Sir Lawrence Dundas upon the 14th February 1779; and it is further Ordered, that the Cause he remitted back to the Court of Session in Scotland, to carry this Judgement into Execution.

Miol's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Lewis Miol."

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. Holford and Mr. Reeves:

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

Templer's Bill.

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

To return the Bill, intituled, "An Act for vesting such Parts of the Real Estates of James Templer Esquire deceased, as lie in the Counties of Hants, Wilts and Dorset, in Trustees, to be sold, and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled to the Uses, and for the Purposes therein mentioned;" and to acquaint this House, That they have agreed to the same, with One Amendment, to which they desire their Lordships Concurrence.

Luther's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estates of John Luther Esquire, in the County of Southampton, in the said John Luther in Fee Simple, and for settling an Estate of greater Value in lieu thereof;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Sir W. Abdy's Estate Bill.

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

To return the Bill, intituled, "An Act to enable Sir William Abdy Baronet to grant Leases of his Estate at Horsey Down, in the County of Surrey;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Templer's Bill.

The House proceeded to take into Consideration the Amendment made by the Commons, to the Bill, intituled, "An Act for vesting such Parts of the Real Estates of James Templer Esquire deceased, as lie in the Counties of Hants, Wilts and Dorset, in Trustees, to be sold, and for laying out the Money arising by such Sale in the Purchase of other Lands to be settled to the Uses, and for the Purposes therein mentioned."

And the same, being read Three Times by the Clerk, was agreed to by the House:

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 22^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

M^cDowal et al. against Ferguson.

After hearing Counsel in Part in the Cause wherein John M^cDowal Merchant in Glasgow and others are Appellants, and Mrs. Jane Ferguson is Respondent:

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

Lady Gray against Blair et al.

Ordered, That the Hearing of the Cause, wherein Margaret Lady Gray is Appellant, and Mrs. Isabel Blair and others are Respondents, which stands appointed for To-morrow, be put off to Friday the 30th Day of this Instant May.

Peers Pedigrees, Report from Committee.

The Lord Scarsdale reported from the Lords Committees for Privileges appointed to consider of the Pedigrees of several Peers, "That the Committee had met and considered of the Pedigrees of Thomas Earl of Suffolk, George Viscount Falmouth, George Lord Rodney, Francis Lord Rawdon and Thomas Lord Sydney, and had examined Mr. Heard Herald upon Oath in relation thereto at the Bar, who had fully verified the same, together with the Proofs thereof; and that the said Lords had respectively signed and certified the same to be true, to the best of their Knowledge, Information and Belief, upon their Honour, pursuant to the Orders of the House."

Shortreid against Brown.

A Petition of John Shortreid, Appellant in a Cause depending in this House, to which Andrew Brown is Respondent, which stands appointed for hearing, was presented and read; setting forth, "That an Action of Declarator is depending before the Court of Session in this Cause, and will be proceeded in next Term; that the Exhibits nor Extract in the Cause have yet been transmitted to the Petitioner's Agent, which are very voluminous; that it will be extremely inconvenient for the Petitioner to transmit his Exhibits during this Session of Parliament, because the same are necessary to be produced and proved in the said Action of Declarator; that if their Lordships will be pleased to put off the hearing of this Cause (which cannot be heard without the Extract) till the Petitioners obtains a Determination upon Proofs in his said Action of Declarator, all Inconveniences will be at an End by the next Session of Parliament;" and therefore praying their Lordships, to put off the Hearing of this Cause till the next Session of Parliament, or such other Time as to their Lordships shall seem meet.

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum tertium diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 23^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

M^cDowal et al. against Ferguson:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John M^cDowal Merchant in Glasgow, one of the Partners of the Company bearing the Firm of John M^cDowal and Company Merchants in Glasgow, and of Patrick Earl of Dumfries, William Cunninghame, John Robertson, Alexander M^cAull and Robert Finlay Merchants in Glasgow, John and William Ballantyne Merchants in Ayr, and Robert Campbell late of Queen Ann's County, Maryland, Trustees of the deceased James Brown Merchant in Glasgow, who was another of the Partners of the said Company bearing the Firm of John M^cDowal and Company, complaining of Seven Interlocutors of the Lord Ordinary in Scotland, of the 15th of February, 19th of July, and 14th and 20th of December 1781, and 28th of February and 4th and 17th of July 1782; and also of Four Interlocutors of the Lords of Session there, of the 12th and 27th of February, and 2d of March, and 19th of November 1782; and praying, "That the same might be reversed, varied or amended, 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 Mrs. Jane Ferguson, Widow of Gilbert M^cMikin of Killentringan, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of be and the same are hereby affirmed; and it is further Ordered, That the Appellants do pay, or cause to be paid to the said Respondent, the Sum of One hundred Pounds for her Costs in respect of the said Appeal.

Birmingham Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for providing a proper Workhouse within the Parish of Birmingham, in the County of Warwick; and for better regulating the Poor within the said Parish."

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.

Kingston Gaol, &c. Bill.

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

With a Bill, intituled, "An Act for building a new Gaol for the Town and County of the Town of Kingston upon Hull; for purchasing an additional Burial Ground for the Use of the Parish of the Holy Trinity in the said Town; for regulating the Fares of Hackney Coachmen, Chairmen and Porters, and the Prices of Carriage of Goods; for altering the Time of lighting Lamps; for ascertaining the Breadth of Party Walls; and for preventing certain Nuisances within the said Town, Liberties and Precincts thereof; for amending an Act of the Fourteenth Year of the Reign of His present Majesty; for making and establishing public Quays or Wharfs at Kingston upon Hull, in respect to such as are or may be built opposite to certain Staiths in the said Act described, and for other Purposes;" to which they desire the Concurrence of this House.

Justiciary Court, &c. Regulation Bill.

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

With a Bill, intituled, "An Act for regulating the Proceedings of the Court of Justiciary and Circuit Courts in Scotland;" to which they desire the Concurrence of this House.

Leeds and Liverpool Canal Bill.

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

With a Bill, intituled, "An Act for altering and varying the Powers of an Act passed in the Sixth Year of the Reign of King George the First, for making the River Douglas alias Asland navigable from the River Ribble to Wigan, in the County Palatine of Lancaster; and for enabling the Company of Proprietors of the Leeds and Liverpool Canal, incorporated by an Act passed in the Tenth Year of His present Majesty's Reign, to purchase the said River Navigation; for amending the said last mentioned Act for incorporating and consolidating the said Two Navigations; and for other Purposes;" to which they desire the Concurrence of this House.

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

Williams's Bill.

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

To return the Bill, intituled, "An Act to vest in Trustees and their Heirs, certain Estates of John Hanbury Williams Esquire, situate in the County of Monmouth, in order to be sold, and the Purchase Money applied upon the Trusts and for the Purposes in the said Act mentioned;" and to acquaint this House, That they have agreed to the same without any Amendment.

Chatteris Enclosure Bill.

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

With a Bill, intituled, "An Act for the better ordering and regulating the Manner of feeding, using, cultivating and enjoying several Commonable and Waste Grounds lying in Chatteris in the Isle of Ely, in the County of Cambridge; and for obliging the Occupiers of certain Parts of the said Grounds to fence the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum sextum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 26^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Bp. London against Fffytche in Error:

The Order of the Day being read for the further Consideration of the Cause, wherein the Right Reverend the Lord Bishop of London is Plaintiff, and Lewis Disney Fffytche Esquire is Defendant; and for the Judges to deliver their Opinions upon the Questions of Law proposed to them on Friday the 9th Day of this Instant May:

The Earl of Mansfield acquainted the House, "That the Judges differed in their Opinions upon the said Questions."

Judges Opinions delivered seriatim.

Ordered, That the Judges present do deliver their Opinions upon the said Questions seriatim, with their Reasons:

Accordingly, Mr. Justice Heath was heard upon the said Questions; and,

Upon the First Question delivered his Opinion, That the Agreement stated in this Case is not an Agreement for the Benefit to the Patron within the Intent and Meaning of the Statute."

Upon the Second Question delivered his Opinion That if the Patron present, for or by Reason of such an Agreement, the Presentation will not be void."

Upon the Third Question delivered his Opinion, That giving such a Bond does not secure a corrupt or illegal Benefit to the Patron, being only intended to enforce the Resignation of the Benefice; and that the being obliged to have Recourse to the Penalty of the Bond will be no Benefit to the Patron within the Intent and Meaning of the Statute."

Upon the Fourth Question delivered his Opinion, That if the Patron present to a Benefice for or by Reason of such Bond, such Presentation will not be void."

Upon the Fifth Question, he desired Leave, as it had not been a Question in the Courts below, nor argued at their Lordships Bar, to decline giving any Opinion upon it.

Upon the Sixth Question delivered his Opinion, That whether the Incumbent can compel the Ordinary to accept of the Resignation or not, it is not a corrupt Benefit to the Patron."

Upon the Seventh Question he gave the same Answer as to that of the Fourth Question.

Upon the Eighth Question delivered his Opinion, that the Unfitness of the Defendant is not alledged with sufficient Certainty."

Upon the Ninth Question delivered his Opinion, That the Plea is not sufficient in Law to bar the Defendant in Error."

Upon the Tenth Question delivered his Opinion, That the Unfitness as set forth in the Plea is not traversable."

Upon the Eleventh Question delivered his Opinion, That the Excuse alledged upon this Record for not admitting, instituting, and inducting the Clerk is not sufficient in Law."

Upon the Twelfth Question delivered his Opinion, That the Bond stated in the Pleas is good and valid in Law;" and gave his Reasons.

Then Mr. Justice Buller was heard upon the said Questions, and gave the same Answers as Mr. Justice Heath.

Then Mr. Baron Perryn was heard upon the said Questions:

And to the First Question gave the following Answer:

It is a Benefit, but not corrupt, within Statute of 31st Eliz. Ch. 6. Sect. 5th."

To the Second Question gave the following Answer:
"Such Presentation will not be void within the Intention and Meaning of said Statute."

To the Third Question gave the following Answer:

"I think it is a Bond for securing a Benefit to the Patron."

To the Fourth Question gave the following Answer:
"I am of Opinion that notwithstanding a Patron does present by reason of such Bond, such Presentation will not be void."

To the Fifth Question gave the following Answer:
"I am of Opinion the Ordinary is compellable to accept the Resignation in the Case stated, unless he can shew a simoniacal or corrupt Agreement, or other sufficient Cause to the contrary."

To the Sixth Question gave the following Answer:
"Whether the Incumbent can or cannot controul in the Case stated, I think such Bond is a Benefit, but not a corrupt one, within the Meaning of Statute of 31st Elizabeth."

To the Seventh Question gave the following Answer:
"I am of Opinion if a Patron does present for or by reason of such last-mentioned Bond, such Presentation will not be void."

To the Eighth, Ninth and Tenth Questions gave the following Answers:

"I am of Opinion that the Unfitness of the Defendant in Error in the Second Plea mentioned is not alledged with sufficient Certainty:

That the said Plea is not sufficient in Law to bar the Defendant in Error from maintaining his Action:

And that the Unfitness in the said Plea set forth, is not traversable."

To the Eleventh and Twelfth Questions gave the following Answers:

I am of Opinion, that the Excuse alledged upon this Record for not admitting, instituting and inducting the Clerk of the Plaintiff, is not sufficient in Law:

And that the Bond stated in the Pleas, is good and valid in Law;" and gave his Reasons.

Then Mr. Baron Eyre was heard upon the said Questions.

And to the First Question gave the following Answer:
"That it is an Agreement for a Benefit."

To the Second Question gave the following Answer:
"That it does avoid the Presentation."

To the Third Question gave the following Answer:
"That the Bond is a Benefit."

To the Fourth Question gave the following Answer:
"That it does avoid the Presentation."

To the Fifth Question he desired Leave, as it had not been a Question in the Courts below, nor argued at their Lordships Bar, to decline giving any Opinion upon it.

To the Sixth Question gave the following Answer:

Assuming that the Bishop may refuse it, is a Benefit in respect of the Contingency, which such Incumbent cannot controul."

To the Seventh Question gave the following Answer:

"Assuming that the Bishop may refuse, it does avoid the Presentation."

To the Eighth Question gave the following Answer:

"The Unfitness not alledged with sufficient Certainty."

To the Ninth Question gave the following Answer:

"The Plea not sufficient in Law, to bar the Defendant in Error from maintaining his Action."

To the Tenth Question gave the following Answer:

"The Unfitness in the Second Plea set forth, as set forth, not traversable."

To the Eleventh Question gave the following Answer:
"The Excuse in the First Plea is sufficient."

To the Twelfth Question gave the following Answer:
"The Excuse in the Second Plea is not sufficient."

Upon these Pleadings, it is not competent for the Plaintiff in Error to object to the Validity of the Bonds stated in the Pleadings, and therefore they are to be taken to be good and valid, and not corrupt and void in Law;" and gave his Reasons.

Then Mr. Justice Nares was heard upon the said Questions, and gave the same Answers as Mr. Justice Heath and Mr. Justice Buller.

Ordered, That the further Consideration of the said Cause, and the further Hearing of the Judges upon the Questions of Law put to them, be put off to Wednesday next; and that the Judges do then attend.

Kingston Gaol, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a new Gaol for the Town and County of the Town of Kingston-upon-Hull; for purchasing an additional Burial Ground, for the Use of the Parish of the Holy Trinity, in the said Town; for regulating the Fares of Hackney Coachmen, Chairmen and Porters, and the Prices of Carriage of Goods; for altering the Time of lighting Lamps; for ascertaining the Breadth of Party Walls, and for preventing Nuisances within the said Town, Liberties, and Precincts thereof; for amending an Act of the Fourteenth Year of the Reign of His present Majesty; for making and establishing public Quays or Wharfs at Kingston-upon-Hull, in respect to such as are or may be built opposite to certain Staiths in the said Act described, and for other Purposes."

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

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

Justiciary Court, &c. Regulation Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Proceedings of the Court of Justiciary and Circuit Courts in Scotland."

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 Wednesday next.

Leeds and Liverpool Canal Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for altering and varying the Powers of an Act passed in the Sixth Year of the Reign of King George the First, for making the River Douglas alias Asland navigable from the River Ribble to Wigan, in the County Palatine of Lancaster; and for enabling the Company of Proprietors of the Leeds and Liverpool Canal, incorporated by an Act passed in the Tenth Year of His present Majesty's Reign, to purchase the said River Navigation; for amending the said last-mentioned Act; for incorporating and consolidating the said Two Navigations, and for other Purposes."

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

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

Chatteris Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better ordering and regulating the Manner of feeding, using, cultivating and enjoying several Commonable and Waste Grounds, lying in Chatteris in the Isle of Ely in the County of Cambridge, and for obliging the Occupiers of certain Parts of the said Grounds to sence the same."

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.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum octavum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 28^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Fanshawe against Cocksedge in Error.

The Order of the Day being read for the further Consideration of the Cause, wherein Thomas Fanshawe Esquire is Plaintiff, and Thomas Cocksedge is Defendant; and for the Judges to deliver their Opinions upon the Questions of Law proposed to them on Friday the 16th Day of this Instant May:

Ordered, That the further Consideration of the said Cause be put off to Thursday the 5th Day of June next; and that the Judges do then deliver their Opinions upon the said Questions.

Bp. London against Fffytche in Error:

The Order of the Day being read for resuming the adjourned Consideration of the Cause, wherein the Right Reverend the Lord Bishop of London is Plaintiff, and Lewis Disney Fffytche Esquire is Defendant; and for the rest of the Judges to deliver their Opinions upon the several Questions of Law put to them:

Judges Opinions delivered seriatim.

Mr. Justice Willes was heard upon the said Questions, and gave the same Answers as Mr. Justice Buller.

Then Mr. Justice Gould was heard upon the said Questions, and gave the same Answers as Mr. Justice Willes.

Then the Lord Chief Baron of the Court of Exchequer was heard upon the said Questions, and gave the same Answers as Mr. Justice Willes.

Ordered, That the further Consideration of the said Cause be put off to Friday next.

Peers Pedigrees, Report from Committee.

The Lord Scarsdale reported from the Lords Committees for Privileges, appointed to consider of the Pedigrees of several Peers, "That the Committee had met and considered of the Pedigrees of Douglas Duke of Brandon, Richard Viscount Howe, and Thomas Lord Walsingham, and had examined Mr. Heard Herald upon Oath in relation thereto at the Bar, who had fully verified the same, together with the Proofs thereof, and that the said Lords had respectively signed and certified the same to be true to the best of their Knowledge, Information, and Belief, upon their Honour, pursuant to the Orders of the House."

Wale and Pemberton take the Oaths in order to their Naturalization.

Margaretta Phillipina Wale and Mary Pemberton took the Oaths appointed, in order to their Naturalization.

Justiciary Court, &c. Regulation Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating the Proceedings of the Court of Justiciary and Circuit Courts in Scotland."

After some Time the House was resumed:

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

Winchester Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Second Year of His present Majesty's Reign, for altering, widening and amending the Road from the North Gate of the City of Winchester, over Worthy Cow Down, through Whitchurch and other Places to Newtown River; and also the Road from Worthy Cow Down aforesaid, through Wherwell, to the present Turnpike Road at Andover, in the County of Southampton."

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

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

Fenchurch Street widening Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for widening the North West End of Fenchurch Street and the South End of the Old Jewry, within the City of London."

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.

Wale's and Pemberton's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Margaretta Phillipina Wale and Mary Pemberton."

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.

Causes put off.

Ordered, That the Hearing of the Causes which stand appointed, be put off till after the Recess at Whitsuntide, except that, wherein Thomas Fanshawe is Plaintiff, and Thomas Cocksedge Esquire is Defendant.

Leeds and Liverpool Canal Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for altering and varying the Powers of an Act passed in the Sixth Year of the Reign of King George the First, for making the River Douglas, alias Asland, navigable from the River Ribble to Wigan, in the County Palatine of Lancaster; and for enabling the Company of Proprietors of the Leeds and Liverpool Canal, incorporated by an Act passed in the Tenth Year of His present Majesty's Reign, to purchase the said River Navigation, for amending the said last mentioned Act, for incorporating and consolidating the said Two Navigations, and for other Purposes," 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."

Birmingham Poor Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for providing a proper Workhouse within the Parish of Birmingham, in the County of Warwick, and for better regulating the Poor within the said Parish," was committed.

D. Norfolk's Estate Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Charles Duke of Norfolk and others, to grant Building or Repairing Leases of certain Tenements, Houses and Grounds, in the Parish of Saint Clement Danes, in the County of Middlesex, and in or near the Town of Arundel, in the County of Sussex," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Phillips's Powder, Account of Experiments making, ordered.

It was moved, "That the Address of this House of the 10th of July 1781, be now read:"

The same was accordingly read by the Clerk.

Ordered, That the proper Officer do lay before this House, a further Account of the Result of such Experiments as are now making or shall be made on board any of His Majesty's Ships of War, of the Efficacy of a certain Powder invented by Mr. Henry Phillips, for the preserving Bread and dry Provisions from Damages by Weevils and other Insects."

Lords summoned.

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

Odstock, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and allotting the Open Common Fields, Common Meadows, Open Common Downs, Waste Lands and Commonable Places, within the several Parishes of Odstock, Homington, West Harnham and Netherhampton, and certain Open Lands lying at the East End of the said Parish of Homington, in the County of Wilts;" to which they desire the Concurrence of this House.

St. Martin's Paving Bill.

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

With a Bill, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Martin in the Fields, within the Liberty of Westminster, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein;" to which they desire the Concurrence of this House.

Boilstone 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 several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds within the Manor and Parish of Boilstone, in the County of Derby;" to which they desire the Concurrence of this House.

Vagabond's Bill.

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

With a Bill, intituled, "An Act to repeal an Act made in the Fifth Year of the Reign of Queen Elizabeth, intituled, "An Act for further Punishment of Vagabonds calling themselves Egyptians;" to which they desire the Concurrence of this House.

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

Kingston Gaol, &c. Bill, Petition against.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being Owners and Proprietors of Lands, Tenements, and Hereditaments within the Town and County of the Town of Kingston-uponHull, taking Notice of a Bill depending in this House, intituled, "An Act for building a new Gaol for the Town and County of the Town of Kingston-uponHull; for purchasing an additional Burial Ground for the Use of the Parish of the Holy Trinity in the said Town; for regulating the Fares of Hackney Coachmen, Chairmen and Porters, and the Prices of Carriage of Goods; for altering the Time of lighting Lamps; for ascertaining the Breadth of Party Walls; and for preventing certain Nuisances within the said Town, Liberties and Precincts thereof; for amending an Act of the Fourteenth Year of the Reign of His present Majesty, for making and establishing public Quays or Wharfs at Kingston-upon-Hull, in respect to such as are or may be built opposite to certain Staiths in the said Act described; and for other Purposes;" and praying their Lordships, "That they may be heard by themselves or their Counsel against such Part or Parts of the said Bill as may affect the Interest of the Petitioners; and that they may have such other Relief in the Premises, as to their Lordships shall seem meet:"

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed, with Liberty for the Petitioners to be heard by their Counsel against the said Bill before the said Committee, as desired; and that Counsel be heard for the Bill at the same Time, if they think fit.

Great Seal, Judges Patents for holding, &c. Address for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order that there be laid before this House,

"Copies of the several Patents to any of the Judges or others for holding the Great Seal."

Also, "Copies of all Grants of Pensions or Salaries to any of the Judges."

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum diem instantis Maii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 30^o Maii 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Bp. London against Ffytche in Error:

The Order of the Day being read for the further Consideration of the Cause, wherein the Right Reverend the Lord Bishop of London is Plaintiff, and Lewis Disney Ffytche Esquire is Defendant:

And Consideration being had thereof accordingly;

Proposed, "To reverse the Judgement of the Court of King's Bench affirming the Judgement given in the Court of Common Pleas."

Which being objected to,

After long Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the following Order and Judgement was made;

Whereas by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House the 3d Day of February last, wherein the Right Reverend the Lord Bishop of London is Plaintiff, and Lewis Disney Ffytche Esquire is Defendant; and Counsel having been heard on Thursday the 8th Day of this Instant May, to argue the Errors assigned upon the said Writ of Error; and the Judges who were ordered to attend having been heard seriatim, as well on Monday as Wednesday last, to deliver their Opinions, with their Reasons upon certain Points of Law to them proposed; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, affirming a Judgement given in the Court of Common Pleas, be and the same is hereby reversed.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet)

On which Day, before the same Court of Parliament at Westminster aforesaid assembled, come as well the said Lewis Disney as the said Bishop in their proper Persons, whereupon the said Court of Parliament now here having seen and fully understood all and singular the Premises, and having diligently examined and inspected as well the Record and Process aforesaid as all Things touching the same, it appears to the same Court of Parliament here, that in the Record and Proceedings aforesaid there is manifest Error, and that the Judgement thereupon given in the Court of the said Lord the King of the Bench, and also that the Affirmance of the Judgement aforesaid in the Court of the said Lord the King before the King Himself is erroneous; therefore it is considered by the said Court of Parliament now here, that the said Judgement for the said Errors, and other Errors in the Record and Proceedings aforesaid, be reversed, annulled and entirely set aside, and that the said Bishop be restored to all Things which he has lost by Occasion of the Judgement aforesaid; and thereupon the said Record, and also the Process respecting the Premises had in the said Court, by the said Court of Parliament, are remitted to the Court of our said Lord the King, before the King Himself wheresoever, &c.; and the same now remain in the said Court (to wit) at Westminster, in the said County of Middlesex, &c.

Winchester Road Bill.

The Lord Sydney reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, passed in the Second Year of His present Majesty's Reign, for altering, widening and amending the Road from the North Gate of the City of Winchester over Worthy Cow Down through Whitchurch, and other Places, to Newtown River; and also the Road from Worthy Cow Down aforesaid, through Wherwell, to the present Turnpike Road at Andover, in the County of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

D. Norfolk's Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Charles Duke of Norfolk and others to grant Building or Repairing Leases of certain Tenements, Houses and Grounds in the Parish of Saint Clement Danes, in the County of Middlesex, and in or near the Town of Arundel, in the County of Sussex."

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. Eames and Mr. Thomson:

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

Justiciary Court, &c. Regulation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating the Proceedings of the Court of Justiciary and Circuit Courts in Scotland."

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

It was resolved in the Affirmative.

Leeds and Liverpool Canal Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for altering and varying the Powers of an Act, passed in the Sixth Year of the Reign of King George the First, for making the River Douglas, alias Asland, navigable from the River Ribble to Wigan, in the County Palatine of Lancaster; and for enabling the Company of Proprietors of the Leeds and Liverpool Canal, incorporated by an Act passed in the Tenth Year of His present Majesty's Reign, to purchase the said River Navigation; for amending the said last mentioned Act; for incorporating and consolidating the said Two Navigations; and for other Purposes."

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

It was resolved in the Affirmative.

Birmingham Workhouse Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for providing a proper Workhouse within the Parish of Birmingham, in the County of Warwick; and for better regulating the Poor within the said Parish."

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

It was resolved in the Affirmative.

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

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

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

Odstock, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and allotting the Open Common Fields, Common Meadows, Open Common Downs, Waste Lands and Commonable Places within the several Parishes of Odstock, Homington, West Harnham and Netherhampton, and certain Open Lands lying at the East End of the said Parish of Homington, in the County of Wilts."

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

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

St. Martin's Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for better paving, cleansing and lighting the Parish of Saint Martin in the Fields, within the Liberty of Westminster, and certain Places adjoining thereto; and for removing and preventing Nuisances and Annoyances therein."

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

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

Boilstone Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds, within the Manor and Parish of Boilstone, in the County of Derby."

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.

Civil List Revenue, Papers relating to, ordered.

It was moved; "That the Bill, intituled, "An Act for enabling His Majesty to discharge the Debt contracted upon his Civil List Revenues, and for preventing the same from being in Arrear for the future, by regulating the Mode of Payments out of the said Revenues, and by suppressing or regulating certain Offices therein mentioned; which are now paid out of the Revenues of the Civil List," be now read:"

The same was accordingly read by the Clerk.

Then it was moved, "That the proper Officer do lay before this House, A List of such Persons, together with the Names and Salaries of their Appointments, as the Commissioners of His Majesty's Treasury have in pursuance of the Act of the last Session of Parliament, intituled, "An Act for enabling His Majesty to discharge the Debt contracted upon his Civil List Revenues, and for preventing the same from being in Arrear for the future, by regulating the Mode of Payments out of the said Revenues, and by suppressing or regulating certain Offices therein mentioned, which are now paid out of the Revenues of the Civil List," appointed or continued in Office for the Purpose of carrying into Execution under the Direction of the Lord Steward, Lord Chamberlain, Master of the Horse or other principal Officer, such œconomical Plans, Reforms and Alterations as are therein directed."

Also, "A Copy of such Plan of the Establishments and Payments of the Civil List Revenues in Classes, with the Estimate of the Expence of each Class, and of each individual Office in each Class, as by the said Act is directed to be drawn out by the Commissioners of His Majesty's Treasury, on or before the Fifth Day of April last."

And also, "A List of such several Offices as by the Direction of the said Act, or by any Authority since the passing of the same, have been suppressed, with the Names of the last several Possessors, together with an Account of such Annuities as have been substituted in Compensation or lieu thereof."

The same was agreed to, and ordered accordingly.

Wale and Pemberton's Naturalization Bill.

The Lord Sydney reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Margaretta Phillipina Wale and Mary Pemberton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Fenchurch Street widening Bill.

The Lord Sydney made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for widening the North West End of Fenchurch Street, and the South End of the Old Jewry, within the City of London," was committed.

King's Answer to Address.

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis tertium diem Junii, jam prox. sequen. horâ undecima Auroræ, Dominis sic decernentibus.

Die Martis, 2^o Februarii 1808.

Hitherto examined by us,
The Interlineations in

Carleton.
Walsingham.
Arden.