House of Lords Journal Volume 38: March 1788 11-20

March 1788 11-20

DIE Martis, 11^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Warwick Bridge Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling the Right Honourable George Earl Brooke and Earl of Warwick to build a new Bridge over the River Avon in the Borough of Warwick, and to open proper Ways and Roads thereto," 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."

Alfreton Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for reviving, continuing and enlarging the Term and Powers of an Act made in the Fifth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Alfreton Turnpike Road near a Place called Little Robins in the Parish of Mansfield in the County of Nottingham, through Woolley Moor to the Nottingham Turnpike Road near Tansley in the County of Derby; and from Woolley Moor to the Chesterfield Turnpike Road at Kelstidge in the said County of Derby," was committed.

Mansfield, &c. Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Sixth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Mansfield and Chesterfield Turnpike Road near the Nine Mile Stone from Mansfield, through Temple Normanton, Tupton new Enclosure and Birkin Lane, to Buntingfield Nook in the Parish of Ashover in the County of Derby," was committed.

Headbourn Worthy Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, Arable Lands, Pastures, Woods, Downs, Cow Downs, Sheep Downs, Waste Lands and other Open and Commonable Places within the Parish of Headbourn Worthy in the County of Southampton."

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

It was resolved in the Affirmative.

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

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

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

Gold and Silver Lace Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act made in the Fifteenth Year of His late Majesty King George the Second, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace, and for settling and adjusting the Proportions of fine Silver and Silk, and for the better making of Gold and Silver Thread."

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.

Filey Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Arable Fields, Meadows, Pastures, Commons and Waste Grounds within the Township of Filey, otherwise Filo, in the East and North Ridings of the County of York."

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

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

Wimborne Minster Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term and enlarging the Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster, to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset."

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

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

Taylor against Taylor.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Robert Taylor Esquire is Appellant, and Elizabeth Jean Taylor is Respondent:"

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

Wollaston Enclosure Bill.

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

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

The said Bill was read the First Time.

Bradwell Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds of and within the Parish of Bradwell in the County of Bucks;" and to acquaint this House that they have agreed to their Lordships Amendments made thereto.

Delvalle et al. against Grove et al. Petition of York Buildings Company rejected.

A Petition of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, taking Notice of an Appeal depending in this House, wherein Rebecca Delvalle and others are Appellants, and Martha Grove and others are Respondents, which stands appointed for Hearing, was presented and read; and praying, "That the said Appeal may be postponed till such a Day in April next as to their Lordships shall seem proper; and that the Appeal wherein the Petitioners are Appellants, and Mrs. Martha Grove and others are Respondents, which also stands appointed for Hearing, may be ordered to be heard upon one and the same Day."

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

Ordered, That the said Petition be rejected.

Election of a Peer for Scotland, Counsel heard on E. Dumfries' Petition respecting.

The Order of the Day being read for the hearing Counsel upon the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the late Election of a Peer for Scotland; and also for hearing Counsel upon the Petition of Lord Cathcart, touching the said Election, and his Return; and for the Attendance of several Persons; and for the Lords to be summoned:

Counsel were accordingly called in.

Then the Petition of the Earl of Dumfries was read:

Also, the Petition of Lord Cathcart.

Then Mr. Grant was heard on the Petition of the Earl of Dumfries.

The original Minutes of the Meeting held for the Election of a Peer of Scotland on the First of January last, and the original Proxies and signed Lists then exhibited, and other Papers, Entries and Documents respecting the Transaction of the said Election, were delivered in at the Bar by George Home Esquire; the same were read.

Then Thomas Young being called in, and sworn, acquainted the House, "That he served John Anderson of Goland with the Order of this House of the 12th of February last, made on the Petition of the Earl of Dumfries; and that the said John Anderson claims the Title of Lord Rutherfurd."

The Question being asked, "What Conversation the Witness had with the said John Anderson relative to his Connection with David Dury when he served him with the said Order?" The same was objected to as Evidence to impeach the Return.

He was directed to withdraw.

Then Charles Dury was called in, and being sworn, acquainted the House, "That he knows John Anderson of Goland, and that he claims the Title of Rutherfurd; that the Mother of the said John Anderson was Aunt to David Dury the late Lord Rutherfurd."

Being cross-examined, he said, "He does not know, except by Report, that the said John Anderson was the Person who signed the List given at the last Election of a Peer for Scotland; that he, the Witness, was related to the said John Anderson but very remotely, but that the Mother of the said John Anderson was named Dury; that David Dury the Son of David Dury, named in the Order of 1762, informed the Witness that after his Father's Death he claimed to vote at the Election for the Sixteen Peers of Scotland, and that he never would appear again because he was protested against; that he has heard that John Anderson was related to the said David Dury." Being asked, "Whether the said John Anderson was received in the Family as a Relation of the said David Dury;" he answered, Yes." Being asked, "What the Condition of John Anderson of Goland is;" he said, "he believes he has a small Feuer."

He was directed to withdraw.

Then Thomas Young was again called in and asked, "Where he served John Anderson with the Order?"

He answered, "At his House at Goland."

He was directed to withdraw.

Then Charles Dury being again called in, and being asked, "If John Anderson did not claim the Effects of David Dury as his Heir?" Answered, "That David Dury left John Anderson and the Brother of the Witness joint Executors of his Will, and claimed Part of his Effects, which, after Payment of Debts, were but small."

He was directed to withdraw.

Then Mr. Anstruther was also heard on the Petition of the Earl of Dumfries.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel on the said Petitions be put off to Thursday next; and that the Counsel be called in at Two o'Clock; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 12^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Delvalle et al. against Grove et al:

This Day being appointed for hearing Counsel upon the Petition and Appeal of Rebecca Delvalle the Representative of Abraham Delvalle Esquire, Francis Roper Head and others, Creditors of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 5th of February and 31st of July 1783, and 11th of March 1786; and also of an Interlocutor of the Lord Ordinary there of the 8th of March 1787, in so far as the same is therein complained of; and praying, "That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet."

Counsel were accordingly called in to be heard, and Counsel only appearing for the Appellants, (none appearing for the Respondents), they were heard to state and argue the Case on Behalf of the Appellants, and having prayed a Reversal of the Interlocutors, in so far as the same are complained of.

The Counsel were directed to withdraw:

And due Consideration had of what was offered.

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 sustain the Objections to the Bonds claimed by the Appellants, that the same are not entitled to a Place in the Ranking in respect they are cut off by the negative Prescription of the Law of Scotland.

Alfreton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for reviving, continuing, and enlarging the Term and Powers of an Act made in the Fifth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Alfreton Turnpike Road near a Place called Little Robins in the Parish of Mansfield in the County of Nottingham, through Woolley Moor to the Nottingham Turnpike Road near Tansley in the County of Derby; and from Woolley Moor to the Chesterfield Turnpike Road at Kelstidge in the said County of Derby."

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

It was resolved in the Affirmative.

Mansfield, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act passed in the Sixth Year of the Reign of His present Majesty King George the Third for repairing and widening the Road from the Mansfield and Chesterfield Turnpike Road near the Nine Mile Stone from Mansfield, through Temple Normanton, Tupton new Enclosure, and Birkin Lane to Buntingfield Nook in the Parish of Ashover in the County of Derby."

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

It was resolved in the Affirmative.

Warwick Bridge Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling the Right Honourable George Earl Brooke and Earl of Warwick to build a new Bridge over the River Avon in the Borough of Warwick, and to open proper Roads and Ways thereto."

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 Mr. Montagu and Mr. Leeds:

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

Wollaston Enclosure Bill.

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

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

Their Lordships, or any Five of them, to meet 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.

Castlemartin Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for draining, dividing, and enclosing the Common and Waste Ground called Castle Martin Corse within the Manor and Parish of Castlemartin in the County of Pembroke."

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.

Bp. Hereford takes the Oaths.

This Day John Lord Bishop of Hereford took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Gold and Silver Lace Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend and render more effectual an Act made in the Fifteenth Year of His late Majesty King George the Second, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace, and for settling and adjusting the Proportions of Fine Silver and Silk; and for the better making of Gold and Silver Thread."

After some Time, the House was resumed:

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

Wavendon Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the several Open Arable Fields, Meadows, Heaths, Commons, and Waste Grounds, within the Manor and Parish of Wandon, otherwise Wavendon in the County of Bucks," 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."

Biscoe's Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable Elisha Biscoe Esquire to grant Building Leases of Part of the Estates, devised by the Will of his late Father Elisha Biscoe Esquire, deceased," was committed.

Ordered, That the said Bill be engrossed.

Winborne Minster Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term and enlarging the Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster, to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset," 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."

Catterick Bridge Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament, made in the Twentieth and Twenty-sixth Years of the Reign of His late Majesty King George the Second, for repairing the Road leading from Catterick Bridge in the County of York, to Yarm in the said County, and from thence to Stockton in the County of Durham, and from thence through Sedgefield in the said County of Durham, to the City of Durham; and for reducing the said Acts into one, and for the more effectually repairing and keeping in Repair the said Road," was committed.

Consideration of Standing Orders No. 40 and 41, put off.

The Order of the Day being read for the taking into Consideration the Standing Orders No. 40. and 41; and for the Lords to be summoned.

Ordered, That the said Standing Orders be taken into Consideration To-morrow; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 13^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Biscoe's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Elisha Biscoe Esquire, to grant Building Leases of Part of the Estates devised by the Will of his late Father Elisha Biscoe Esquire, deceased."

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. Montagu and Mr. Leeds:

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

Gold and Silver Lace Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act made in the Fifteenth Year of His late Majesty King George the Second, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace, and for settling and adjusting the Proportions of Fine Silver and Silk, and for the better making of Gold and Silver Thread."

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

It was resolved in the Affirmative.

Wavendon Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open Arable Fields, Meadows, Heaths, Commons, and Waste Grounds, within the Manor and Parish of Wandon, otherwise Wavendon in the County of Bucks."

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

It was resolved in the Affirmative.

Catterick Bridge Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament made in the Twentieth and Twenty-sixth Years of the Reign of His late Majesty King George the Second, for repairing the Road leading from Catterick Bridge in the County of York, to Yarm in the said County, and from thence to Stockton in the County of Durham, and from thence through Sedgefield in the said County of Durham, to the City of Durham; and for reducing the said Acts into one, and for the more effectually repairing and keeping in Repair the said Road."

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

It was resolved in the Affirmative.

Wimborne Minster Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term and enlarging the Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster, to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset."

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

It was resolved in the Affirmative.

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

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

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

Taylor against Taylor.

A Petition of Robert Taylor Esquire Appellant, in a Cause depending in this House, to which Elizabeth Jean Taylor, Widow, is Respondent, was presented and read; setting forth, "That the Question before their Lordships in the present Appeal, respects the Validity of a Deed, of which the Appellant brought a Reduction in the Court of Session in Scotland, on the Head of Death Bed; that the Petitioner's Appeal was presented on the 1st Day of February last, to which the Respondent put in her Answer on the 10th Instant and on the Day following, the Cause was set down to be heard after the Causes then already appointed, and the same at present stands last in their Lordships Paper of Causes, and may possibly come on to be heard in its Course on Wednesday next; that the Petitioner's leading Counsel leaves Town to go upon the Circuit on Saturday next; and the Petitioner's Second Counsel who argued the Cause in the Court below, and by whom the Petitioner is very desirous the same should be argued before their Lordships, is not as yet arrived from Scotland;" and therefore praying their Lordships, "That this Cause may be adjourned to the Second Cause Day after the Recess at Easter, or to such other Day, 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 First Cause Day after the Recess at Easter.

Mowsley Enclosure Bill. King's Consent signified.

The Lord Hawkesbury acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons of and within the Lordship or Liberty of Mowsley in the County of Leicester," was pleased to consent (as far as His Majesty's Interest is concerned) "That their Lordships may proceed therein, as they shall think fit."

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows and Commons of and within the Lordship or Liberty of Mowsley in the County of Leicester."

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

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

Clerkenwell Church Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for pulling down the Church of Saint James at Clerkenwell in the County of Middlesex, and for building a new Church and making a new Church Yard or Cemetry in the said Parish, with convenient Avenues or Passages thereto."

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

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

Election of a Peer for Scotland, Counsel further heard on Petitions respecting.

The Order of the Day being read for hearing Counsel further upon the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the late Election of a Peer for Scotland; and also for hearing Counsel upon the Petition of Lord Cathcart, touching the said Election, and his Return; and for the Attendance of several Persons; and for the Lords to be summoned:

Counsel were accordingly called in.

Mr. Solicitor General was heard on the Petition of Lord Cathcart.

Mr. Douglas was also heard on the Petition of Lord Cathcart in Support of the Return.

Mr. Scott was heard for the Clerks of Session in Scotland.

Mr. Campbell was also heard for the Clerks of Session in Scotland.

Mr. Grant was heard on the Petition of the Earl of Dumfries in Reply.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Petitions be put off to Tuesday next; and that the Lords be summoned.

House cleared.

Ordered, That the House be cleared.

Brighthelmstone Playhouse Bill, Two Petitions against rejected.

Upon reading the Petition of Joseph Fox Comedian, who for Eleven Years past has been Manager and Proprietor of the present Theatre at Brighthelmstone in the County of Sussex, taking Notice of a Bill depending in this House, intituled, "An Act to enable His Majesty to licence a Playhouse in the Town of Brighthelmstone in the County of Sussex;" and praying their Lordships, To take the Hardship of his Case into Consideration, and that he may be permitted to be heard by himself or Counsel at the Second Reading of the said Bill, what he may have to offer why the same should not pass into a Law:"

It is Ordered, That the said Petition be rejected.

Upon reading the Petition of the several Persons whose Names are thereunto subscribed, being principal Inhabitants and Housekeepers within the Town of Brighthelmstone in the County of Sussex, taking Notice of the last mentioned Bill; and praying their Lordships, "That the said Bill may not pass into a Law:"

It is Ordered, That the said Petition be rejected.

Standing Orders No. 40 and 41 considered.

The Order of the Day being read for taking into Consideration the Standing Orders Nos. 40 and 41; and for the Lords to be summoned:

Moved, "That the said Standing Orders No. 40 and 41, be now read."

The same were accordingly read by the Clerk.

Motion respecting referred to Committee for Privileges.

Then it was moved, "That, on Consideration of the Standing Orders 40 and 41, for the future no Person shall be in the House during the Sitting of this House, except Peers having a Right to sit therein, Peers Minors, Peers of Scotland not being the Representatives of the Scotch Peerage, and the Sons or Grandsons, being Heirs Apparent of the Peers actually sitting or having a Right to sit therein, or of Peeresses of England in their own Right, and such others as attend this House as Assistants."

Then an Amendment was proposed to be made to the said Motion by leaving out after the Word ("that") in the First Line, to the End of the said Motion, and instead thereof to insert the Words ("It be referred to the Committee for Privileges to take into Consideration the Rules and Orders of this House for preserving Order therein.")

Which being objected to,

After short Debate;

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

It was resolved in the Negative.

Then the Question was put, "Whether the Words proposed shall be inserted?"

It was resolved in the Affirmative.

Then the said Motion so amended, was agreed to, and ordered accordingly.

Ordered, That the Consideration of the said Motion be referred to the Committee for Privileges; and that they do meet to consider the same on the First Day of Meeting after the Recess at Easter.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 14^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Whitefoord against Whitefoord et al.

After hearing Counsel in Part in the Cause wherein Miss Jean Whitefoord is Appellant, and James Whitefoord Esquire and his Guardians are Respondents:

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

Mowsley Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows and Commons of and within the Lordship or Liberty of Mowsley in the County of Leicester," 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."

Filey Enclosure Bill.

The Lord Bishop of Bangor made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Arable Fields, Meadows, Pastures, Commons and Waste Grounds within the Township of Filey, otherwise Filo, in the East and North Ridings of the County of York," was committed.

Knapton Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common Arable Fields and other Common Grounds within the Manor or Lordship or Township of Knapton in the County of the City of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto:"

Which Amendments were read by the Clerk as follows; (videlicet)

"Pr. 19. L. 32. After ("whomsoever") insert ("provided that no such Exchange or Exchanges shall be made by the Vicar of Kirby Wharf, or his Successors, without the Consent of his Grace the Lord Archbishop of York for the Time being, under his Hand and Seal first had and obtained")

"Pr. 26. L. 6. After ("whomsoever") insert Clause (A).

"Clause (A) "And be it further enacted, That it shall be lawful for the Vicar of the Vicarage of Kirby Wharf aforesaid for the Time being, by and with the Consent and Approbation of the Lord Archbishop of York for the Time being, under his Hand and Seal, to grant any Lease or Leases to any Person or Persons, of the whole, or any Part or Parts of the Land to be allotted to him by virtue of this Act, for any Term or Terms of Years not exceeding Fourteen Years, such Term and Terms of Years to commence and be computed from the Twenty-fifth Day of March next, after the Execution of the said Award, so as the best and most improved Rent or Rents be thereby reserved, and be made payable to the Vicar of the said Vicarage for the Time being, Quarterly; and no Premium or Foregift in any respect be taken for granting such Lease or Leases, and so as no Lessee or Lessees be made dispunishable for Waste, and so as the usual Powers of Entry for Nonpayment of such Rent or Rents be contained therein, any Law, Usage, or Custom to the contrary notwithstanding."

"Pr. 28. L. 8. Leave out from ("for") to ("the") in Line 10"

"L. 16. After ("Life") insert ("other than and except the said Vicar and his Successors")

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

North Kyme Drainage Bill.

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

With a Bill, intituled, "An Act for more effectually draining and preserving certain Fen Lands and Low Grounds in the Manor or Township of North Kyme in the County of Lincoln," to which they desire the Concurrence of this House.

Fladbury Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Common and Waste Lands in Fladbury in the County of Worcester," to which they desire the Concurrence of this House.

Liverpool Streets Bill.

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

With a Bill, intituled, "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament relating to the watching, lighting, and cleansing the Streets and other Places within the Town of Liverpool, and for removing and preventing Nuisances and Annoyances therein," to which they desire the Concurrence of this House.

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

Errington's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of George Errington Esquire, with Harriet Coren his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:

Counsel were accordingly called in; and Mr. Erskine and Mr. Garrow appearing as Counsel for the Bill, and no one appearing as Counsel for Mrs. Errington; Mr. Erskine was heard in Support of the Bill, and to make out the Allegations thereof.

John Darly was called in, and being sworn, acquainted the House, "That on Day of he served Mrs. Errington at her Lodgings in Holborn, with a Copy of the Bill and the Order of the House for the Second Reading of the Bill; that he did not know her before that Day; but in order to identify her he took along with him a Person called Luke Carter, who had lived as Servant with Mr. and Mrs, Errington several Years."

He was directed to withdraw.

Then Luke Carter was called in, and being sworn, acquainted the House, "That he had lived in the Capacity of Servant to Mr. and Mrs. Errington, and went lately with Mr. John Darly the former Witness to Mrs. Errington, when he served her with the Order of the House for the Second Reading of the Bill, and saw him serve her with it; that Mr. and Mrs. Errington lived at Battersea when they were first married, about Ten Years ago, and continued to do so till last Year."

He was directed to withdraw.

Then Edward (fn. 1) Shore was called in, and being sworn, acquainted the House, "That he is Father-in-Law of Mrs. Errington, formerly Harriet Coren, and was present at her Marriage with Mr. Errington on the 14th of April 1777, at the Church of Saint Martin's in the Fields, and was an attesting Witness to the Marriage in the Register."

He was directed to withdraw.

Then William Smith was called in, and being sworn, produced a Copy of the Register of the Marriage of George Errington and Harriet Coren, as follows;

"Saint Martin in the Fields, Middlesex, Married in April 1777;

14. George Errington and Harriet Coren, both of this Parish, were married in this Church by Banns this 14th Day of April 1777, by me, J. Justamond Curate.—This Marriage was then solemnized between us.

G. Errington.

Harriet Coren.

In the Presence of us, Edward (fn. 1) Short. S. Ealand.

The above is a true Extract from the Register of Marriages belonging to this Church.

"T. W. Wrighte A.M. Curate, Examined with the Register."

"St. Martin, December 3d 1787."

Then the Witness acquainted the House, "That he compared the above Copy with the Register."

He was directed to withdraw.

Then Thomas Bramston was called in, and being sworn, informed the House, "That he has been acquainted with Mr. Errington from the Time he was Eight Years old, but did not renew his Intimacy with him till about Eight Years ago; that he knows Mrs. Errington very well, and that about Three Years ago he fetched her to his the Witness's House at Lyme in the County of Dorset, in consequence of a Letter written to him by Mr. Errington, signifying that a little Misunderstanding had happened between him and Mrs. Errington, and that under the Care of Mrs. Bramston, the Witness's Wife, he hoped she, Mrs. Errington, would mend her Conduct; that she continued at the Witness's House about Seven Months; that towards the End of that Time the Witness came to Town and left his Children under Mrs. Errington's Care at Lyme; and that when the Witness returned, he understood from his Servants that she had had a Connection with a Captain Southby, in consequence of which the Witness wrote to Mr. Errington, representing the Matter to him, and carried her from Lyme to her Mother at Isleworth, where he, the Witness, left her; that Mr. and Mrs. Errington lived soon after their Marriage at Battersea, from whence they removed to the Adelphi about Five Years ago; that the Witness there observed, being frequently in the Family, Marks of Levity in her Conduct and Conversation; that the Witness acquainted Mr. Errington with it, and heard him frequently rebuke her for it, but she bid him Defiance, but knows no actual criminal Conduct of her at that Time; that Mr. Errington never visited Mrs. Errington while she was at Lyme."

He was directed to withdraw.

Then Luke Carter was again called in, and being asked, "What he meant by saying that Mr. and Mrs. Errington had lived Ten Years at Battersea?" said, "They had not lived there so long; that they came to live in London some Time before he left Mr. Errington's Service, which was about Four Years ago."

He was directed to withdraw.

Then William Baxter was called in, and being sworn, acquainted the House, "That he is Watchman to the Guard at the Bank, and was so in the Month of March 1782; that he knows Captain Bulkeley, who some Time in the said Month of March was the Officer on Guard there; that a Woman came to Captain Bulkeley about Five o'Clock in the Morning and drank Tea with him, and he the Witness waited upon them, it being his Business so to do; that at Night they went to Bed and locked the Bedchamber Door; that in the Morning the Witness knocked at the Chamber Door in order that he might be let in to light the Fire, when Captain Bulkeley got out of Bed and opened the Door, and went back into Bed; that the Witness saw him in Bed with the Woman before mentioned, and their Cloaths were about the Room; that he was shewn this Person afterwards at Isleworth by Mr. Bramston (the last Witness that was called) and knows her to be the same Person he saw in Bed with Captain Bulkeley; that he saw her two or three Times afterwards with Captain Bulkeley; that it is about Three Years ago since he, the Witness, was first applied to by Mr. Errington to know if he was acquainted with Mrs. Errington, when he told Mr. Errington what had passed; that he was a Witness in the Action at Law, and in the Suit in the Ecclesiastical Court."

He was directed to withdraw.

Then Thomas Bramston was again called in, and acquainted the House, "That William Baxter, the last Witness, was the Person that went with him to Isleworth, and that he shewed Mrs. Errington to him."

He was directed to withdraw.

Then Andrew Edge was called in, and produced an Office Copy of the Record of the Court of King's Bench, of a Judgement given in that Court in Trinity Term 1787 against William Bulkeley for Criminal Conversation with Harriet Errington, for One Shilling Damages, besides Costs of Suit; which he said he had examined and compared with the Original.

The same was read.

He was directed to withdraw.

Then Mark Holman, Deputy Registrar of the Consistory Court of the Bishop of London, was called in, and being sworn, produced the Original Definitive Sentence of Divorce of that Court of the 28th of June 1785, against the said Harriett Errington, for Adultery committed by her with the said William Bulkeley; the same was read.

He was directed to withdraw.

The Counsel were directed to withdraw.

Then the said Bill was read a Second Time.

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

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

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Little Farringdon Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands, in the Hamlet of Little Farringdon, in the Parish of Langford in the County of Berks;" to which they desire the Concurrence of this House.

Dumbarton Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Three Acts passed in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty, and in the Twelfth Year of the Reign of His present Majesty, for repairing several Roads leading into the City of Glasgow, so far as relates to that Part of the Road from the City of Glasgow to the Town of Dumbarton, which leads through the County to the Town of Dumbarton;" to which they desire the Concurrence of this House.

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

East Indies, Papers relative to Military Establishment there, delivered.

The Lord Sydney (by His Majesty's Command) laid before the House Copies of several Papers relative to the Establishment of His Majesty's Regiments in the East Indies, &c. together with a Schedule thereof, which was read by the Clerk as follows; (videlicet)

No. 1. "Copy of the Establishment of the 36th and 52d Regiments of Foot, as embarked for the East Indies on the 10th and 11th of March 1783."

2. "Copy of the Establishment of the 2d Battalion of the 42d (now the 73d) Regiment of Foot, serving in the East Indies in the Year 1783."

3. "Copy of the Establishment of the 1st Battalion of the 73d (now the 71st) Regiment of Foot, serving in the East Indies in the Year 1783."

4. "Copy of the Establishment of the 78th (now 72d) Regiment of Foot, serving in the East Indies in the Year 1783."

5. "Copy of the Establishment of the 98th Regiment of Foot, serving in the East Indies in the Year 1783."

6. "Copy of the Establishment of the 100th Regiment of Foot, serving in the East Indies in the Year 1783."

7. "Copy of the Establishment of the 101st and 102d Regiments of Foot, serving in the East Indies in the Year 1783."

8. "Copy of the Orders given in August 1787, for the Reduction of the Establishment of the Regiments, serving in India."

9. "Copy of the proposed Establishment for His Majesty's Regiments of Infantry, serving in India, exclusive of the additional Companies, to commence from the 25th December 1787."

10. "Copy of the Weekly State of His Majesty's 74th Regiment of Foot, Chatham Barracks 12th March 1788."

11. "Copy of the Weekly State of His Majesty's 75th Regiment of Foot, commanded by Robert Abercromby, Esquire, Colonel."

12. "Copy of the Weekly State of His Majesty's 76th Regiment of Foot, Chatham Barracks, 12th March 1788."

13. "Copy of the Weekly State of His Majesty's 77th Regiment of Foot, commanded by Colonel James Marsh, Dover Castle, 12th March 1788."

14. "Copy of a Letter of Service, for raising the Four Regiments under Sir Archibald Campbell, and Colonels Abercromby, Musgrave, and Marsh."

15. "Copy of the Proportion of Men to be raised by Officers for higher Rank or for full Pay."

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

Further Papers ordered.

Ordered, That the proper Officer do lay before this House, "Copy of Proceedings relative to sending Four of His Majesty's Regiments to India, with the Cases and Opinions of Counsel thereupon."

Ordered, That the said Copy be forthwith printed when delivered.

Ordered, That the proper Officer do lay before this House, "Copy of a Letter from Sir Archibald Campbell to the Court of Directors of the East India Company, dated 24th June 1785, proposing a Military Establishment for India, with several Enclosures on the Subject."

Also, "Copy of a Letter from Mr. Hastings to the Court of Directors, dated Cheltenham, 15th August 1785, containing his Sentiments thereon."

Also, "Copy of a Letter from Sir Archibald Campbell to the Court of Directors, dated 26th August 1785, in Reply to Mr. Hastings's Letter."

Also, "Copy of a Letter from the Commissioners for India Affairs to the Court of Directors, dated 18th August 1785, together with the Letter No. 71, sent therewith, and the Dispatch thereof to India."

Also, "Copy of a Letter from the Court of Directors to the said Commissioners, dated 26th August 1785, concerning the said Military Establishment."

Also, "Copy of a Letter from the said Commissioners to the said Court of Directors, dated 5th September 1785, on the same Subject."

Also, "Copy of the Proceedings of the East India Company since 20th February last, relating to sending Four of His Majesty's Regiments to India."

Ordered, That the said Copies be forthwith printed when delivered.

Ordered, That the proper Officer do lay before this House, "Copies of Correspondence between the Commissioners of His Majesty's Treasury, the Commissioners for the Affairs of India, and the Court of Directors of the East India Company, relative to the Payment of Arrears due on account of the King's Troops in India, under the Act of the 21st of His present Majesty, Cap. 65. for establishing certain Regulations for the better Management of the Affairs of the East India Company as well in India, as in Europe, and the Recruiting the Military Forces of the said Company, together with a Copy of the Orders sent to India, in Consequence of that Correspondence."

Also, "Copy of the Memorial and Petition of the Court of Directors of the East India Company to His Majesty."

Also, "Copy of a Letter from the Right Honourable Lord Sydney to the Chairman and Deputy Chairman of the East India Company, dated 30th October 1787, enclosing,

"Copy of the Licence to the East India Company, to enlist a Number of Recruits not exceeding 2,500 Men for Five Years, and to deposit and keep them in the Isle of Wight, until they can be sent to India."

Papers in Part delivered.

The House being informed, "That Mr. Morton from the East India Company attended:"

He was called in, and delivered at the Bar, pursuant to an Order of this Day,

"Proceedings relative to the sending of Four of His Majesty's Regiments to India, with Appendix."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the same do lie on the Table.

Armstrong against His Majesty's Advocate.

Upon reading the Petition of David Armstrong Esquire Appellant in a Cause depending in this House, and of His Majesty's Advocate Respondent thereto; setting forth, "That the said Cause stands appointed for Hearing on Thursday next; that both Parties are desirous that the Hearing of this Cause should be adjourned till next Session of Parliament;" and therefore praying their Lordships, "To adjourn the Hearing of this Cause till the next Session of Parliament:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum quintum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Sabbati, 15^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Whitefoord against Whitefoord et al:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Miss Jean Whitefoord only Child of the deceased Bryce Whitefoord of Dunduff Esquire; complaining of an Interlocuter of the Lord Ordinary in Scotland, of the 23d of June 1786; and also of an Interlocutor of the Lords of Session there, of the 7th of July 1786; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House in their Lordships great Wisdom should seem meet; as also upon the Answer of James Whitefoord Esquire and his Guardians, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:"

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be and is hereby dismissed this House; and that the said Interlocutors therein complained of, be, and the same are hereby affirmed, without Prejudice to any Challenge arising on the Face of the Instrument of Sasine of the Lands of Kirkbride, of the 13th of May One thousand seven hundred and twenty-six, the said Reservation being made with the Consent of the Respondent.

East India Troops Bill.

A Message was brought from the House of Commons, by the Chancellor of the Exchequer and others:

With a Bill, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions; and for limiting the Application of the said Revenues in the Manner therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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.

Filey Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the several Open and Common Arable Fields, Meadows, Pastures, Commons and Waste Grounds within the Township of Filey, otherwise Filo, in the East and North Ridings of the County of York."

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

It was resolved in the Affirmative.

Mowsley Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows and Commons of and within the Lordship or Liberty of Mowsley in the County of Leicester."

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 the Two preceding Bills.

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

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

Knapton Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Arable Fields and other Common Grounds within the Manor or Lordship and Township of Knapton in the County of the City of York."

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was ordered to be sent 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 some Amendments, to which their Lordships desire their Concurrence.

Liverpool Streets Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament relating to the watching, lighting and cleansing the Streets and other Places within the Town of Liverpool; and for removing and preventing Nuisances and Annoyances therein."

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.

Errington's Divorce Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of George Errington Esquire with Harriet Coren his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed:

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

Ordered, That the said Bill be engrossed.

Lords summoned.

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

Fladbury Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows and other Common and Waste Lands in Fladbury in the County of Worcester."

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

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

North Kyme Drainage Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually draining and preserving certain Fen Lands and Low Grounds in the Manor or Township of North Kyme, in the County of Lincoln."

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

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

India, further Papers relative to Military Establishments, delivered.

The House being informed, "That Mr. Morton from the East India Company attended:

He was called in, and delivered at the Bar, pursuant to an Order of Yesterday,

No. 1. "Copy of Letters, &c. relative to the Military Establishments in India, containing the following Particulars:

"Letter from Sir Archibald Campbell to the Court of Directors of the East India Company, dated 24th June 1785, proposing a Military Establishment for India, with several Enclosures on the Subject."

"Letter from Mr. Hastings to the Court of Directors, dated Cheltenham, 15th August 1785, containing his Sentiments thereon."

"Letter from Sir Archibald Campbell to the Court of Directors, dated 26th August 1785, in Reply to Mr. Hastings's Letter."

"Letter from the Commissioners for India Affairs to the Court of Directors, dated 18th August 1785, together with the Letter No. 71, sent therewith, and the Dispatch thereof to India."

"Letter from the Court of Directors to the said Commissioners, dated 26th August 1785, concerning the said Military Establishment."

"Letter from the said Commissioners to the said Court of Directors, dated 5th September 1785, on the Subject."

"Copy of the Correspondence between the Commissioners of His Majesty's Treasury, the Commissioners for the Affairs of India, and the Court of Directors of the East India Company, relative to the Payment of Arrears due on account of the King's Troops in India, under the Act of the Twenty-first of His present Majesty, Cap. 65, for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, and the Recruiting the Military Forces of the said Company, together with a Copy of the Orders sent to India, in consequence of that Correspondence."

Vide Appendix, No. 1. to the Proceedings of the Court of Directors.

"Copy of the Memorial and Petition of the Court of Directors of the East India Company to His Majesty."

"Copy of a Letter from the Right Honourable Lord Sydney to the Chairman, Deputy Chairman of the East India Company, dated 30th October 1787, enclosing,"

Vide Appendix, No. 5. to Ditto.

"Copy of the Licence to the East India Company, to enlist a Number of Recruits not exceeding 2,500 Men for Five Years, and to deposit and keep them in the Isle of Wight until they can be sent to India;" together with a List thereof.

And then he withdrew.

And the said List being read by the Clerk,

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 17^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Errington's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of George Errington Esquire, with Harriet Coren his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

Then the following Amendment was proposed to be made to the said Bill:

"Pr. 2. L. 24. After ("from") leave out ("the Day of One thousand seven hundred and eighty-eight") and insert ("henceforth")

The same was agreed to, and ordered accordingly.

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. Pepys:

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

Gossip's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing Timber to be cut upon certain Estates settled by the Will and a Codicil of William Gossip Esquire, and for applying the Money to arise therefrom, in making Repairs on the same Estates, and laying out the Remainder in Purchases of other Estates, to be settled to the same Uses."

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

Their Lordships, or any Five of them, to meet on Tuesday the 1st Day of April next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Lever's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for better regulating the Charity of Robert Lever of London, Gentleman, deceased."

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

Their Lordships, or any Five of them, to meet on Wednesday the 2d Day of April next, at the usual Time and Place; and to adjourn as they please.

Netherhaven Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and laying in Severalty, the Open and Common Fields, Open Downs, Common Meadows, Common Pastures, and Waste Lands within the Parish of Netherhaven, otherwise Netheravon in the County of Wilts;" to which they desire the Concurrence of this House.

Scole Bridge Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term of an Act of the Ninth Year of His present Majesty, for repairing and widening the Road from Scole Bridge, to the Town of Bury Saint Edmunds in the County of Suffolk; and for amending the said Act;" to which they desire the Concurrence of this House.

Swaby Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, and other Commonable Lands and Waste Grounds, within the Townships or Parishes of Swaby and Belleau in the County of Lincoln;" to which they desire the Concurrence of this House.

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

E. Macclesfield's Estate Bill.

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

To return the Bill, intituled, "An Act for vesting the Real Estate of Thomas Reade Esquire, and Elizabeth Reade his Daughter, situate in Shirburn, Brittwell, Sallome, Lewknor, Stokenchurch, and Kingston Blount in the County of Oxford, in Thomas Earl of Macclesfield and his Heirs, and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same in Manner therein mentioned;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Hintze's Naturalization Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

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

Fladbury Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows and other Common and Waste Lands in Fladbury in the County of Worcester," 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."

North Kyme Drainage Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually draining and preserving certain Fen Lands and Low Grounds in the Manor or Township of North Kyme in the County of Lincoln," was committed.

Clerkenwell Church Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for pulling down the Church of Saint James at Clerkenwell in the County of Middlesex, and for building a new Church and making a new Church Yard or Cemetry in the said Parish, with convenient Avenues and Passages thereto," 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."

Liverpool Streets Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament relating to the watching, lighting and cleansing the Streets and other Places within the Town of Liverpool; and for removing and preventing Nuisances and Annoyances therein," was committed.

Dumbarton Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of Three Acts passed in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty, and in the Twelfth Year of the Reign of His present Majesty, for repairing several Roads leading into the City of Glasgow, so far as relates to that Part of the Road from the City of Glasgow to the Town of Dumbarton, which leads through the County to the Town of Dumbarton."

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

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

Stretton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Manor of Stretton-in-the-Dale in the County of Salop;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mutiny Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

After some Time, the House was resumed:

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

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

East India Goods Bill, Petition of Proprietors of East India Stock, against.

Upon reading the Petition of certain Proprietors of East India Stock on Behalf of themselves and the United Company of Merchants trading to the East Indies, whose Names are thereunto subscribed, taking Notice of a Bill depending in this House, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned;" and praying, "That the Second Reading of the said Bill may be postponed till Thursday next, the 20th Instant, (being the earliest Day on which by the Operation of the Laws, any Public Resolution of the said United Merchants can be taken) in order that the East India Company may have Time to instruct Counsel, and prepare Evidence in Defence of their Rights and Privileges:"

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

It was moved, "That the following Question be referred to the Judges:"

Question to Judges there upon, negatived.

"Whether according to the Intent and Meaning of the Act of the 24th of His Majesty, intituled, "An Act for the better Regulation and Management of the Affairs of the East India Company and of the British Possessions in India, and for establishing a Court of Judicature for the more speedy and effectual Trial of Persons accused of Offences committed in the East Indies;" the Commissioners for the Affairs of India are empowered at any Time to direct, that the Expence of raising, transporting and maintaining such Forces as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, shall be defrayed out of the Revenues arising from the said Territories and Possessions, such Troops not being sent at the express Requisition of the East India Company; and particularly whether under the Circumstances now existing, the said Commissioners are not restrained by certain Provisions contained in the said Act, from giving such Directions?"

Which being objected to,

After Debate;

The Question was put thereupon?

It was resolved in the Negative.

East India Troops Bill.

Then it was moved, "That the Bill, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned," be now read a Second Time."

Which being objected to;

It was moved, "To leave out the Word ("now") and insert the Words ("on Thursday the 20th Instant.")

After Debate;

The Question was put, "Whether the Word ("now") shall stand Part of the Motion?"

It was resolved in the Affirmative.

Then the said Bill was read a Second Time.

Then it was moved, "That the said Bill be committed."

Which being objected to;

After long 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; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 18^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

It was resolved in the Affirmative.

Clerkenwell Church Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for pulling down the Church of Saint James at Clerkenwell in the County of Middlesex, and for building a new Church, and making a new Church Yard or Cemetry in the said Parish, with convenient Avenues and Passages thereto."

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

It was resolved in the Affirmative.

Liverpool Streets Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament relating to the watching, lighting, and cleansing the Streets and other Places within the Town of Liverpool; and for removing and preventing Nuisances and Annoyances therein."

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

It was resolved in the Affirmative.

North Kyme Drainage Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually draining and preserving certain Fen Lands or Low Grounds in the Manor or Township of North Kyme in the County of Lincoln."

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

It was resolved in the Affirmative.

Fladbury Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Common and Waste Lands in Fladbury in the County of Worcester."

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

It was resolved in the Affirmative.

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

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

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

Netherhaven Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and laying in Severalty the Open and Common Fields, Open Downs, Common Meadows, Common Pastures, and Waste Lands within the Parish of Netherhaven otherwise Netheravon 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 the 3d Day of Meeting after the Recess at Easter, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Swaby, &c. Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, and other Commonable Lands and Waste Grounds, within the Townships or Parishes of Swaby and Belleau in the County of Lincoln."

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

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

Little Farringdon Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and Waste Lands in the Hamlet of Little Farringdon in the Parish of Langford in the County of Berks."

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 First Friday after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Stretton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Manor of Stretton in the Dale in the County of Salop."

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

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

Drysdale et al. against Lindsay.

Upon reading the Petition and Appeal of William Drysdale of Wester Pitteuchar and others, Freeholders of the County of Fife; complaining of an Interlocutor of the Lords of Session in Scotland of the 7th of March 1788; and praying, "That the same may be reversed, varied, or amended; or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Henry Lindsay Merchant in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Henry Lindsay may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 15th Day of April next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Chalmer to enter into Recognizance on said Appeal.

The House being moved, "That James Chalmer of Buckingham Street Gentleman, may be permitted to enter into a Recognizance for William Drysdale and others, on account of their Appeal depending in this House, they living in Scotland:"

It is Ordered, That the said James Chalmer may enter into a Recognizance for the said Appellants as desired.

Bruce against Ross.

The House being informed, "That Walter Ross Writer to the Signet, Respondent to the Appeal of Edward Bruce one of the Clerks to His Majesty's Signet in Scotland, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of David Lister of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Donald against Kirkaldy.

The House being moved, "That a Day may be appointed for hearing the Cause wherein David Donald Esquire is Appellant, and Ann Kirkaldy and George Kirkaldy her Father are Respondents:

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

Knapton Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing the Common Arable Fields and other Common Grounds within the Manor or Lordship and Township of Knapton in the County of the City of York;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

East India Troops Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for removing any Doubt respecting the Power of the Commisssioners for the Affairs of India, to direct that the Expence of raising, transporting, and maintaining such Troops, as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned;" and for the Lords to be summoned.

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

After some Time, the House was resumed:

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

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of this House To-morrow.

Election of a Peer for Scotland, respecting, put off.

The Order of the Day being read for the further Consideration of the Petition of the Earl of Dumfries, complaining of a Breach of Privilege of this House at the late Election of a Peer for Scotland; and also of the Petition of Lord Cathcart touching the said Election and his Return; and that the Lords be summoned.

Ordered, That the further Consideration of the said Petitions be put off to Wednesday the 16th Day of April next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 19^o Martii 1788.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Swaby Enclosure Bill.

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

Adderley's Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable Charles Bowyer Adderley Esquire, and the future Tenants for Life of the Estates, devised by the Will of Bowyer Adderley Esquire, to grant Building and Repairing Leases thereof," was committed.

Ordered, That the said Bill be engrossed.

Castlemartin Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for draining, dividing, and enclosing the Common and Waste Ground called Castlemartin Corse, within the Manor and Parish of Castlemartin in the County of Pembroke," was committed.

Dumbarton Road Bill.

The Lord Elphinstone reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Three Acts passed in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty, and in the Twelfth Year of the Reign of His present Majesty, for repairing several Roads leading into the City of Glasgow, so far as relates to that Part of the Road from the City of Glasgow to the Town of Dumbarton, which leads through the County to the Town of Dumbarton," 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."

Stretton Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands, within the Manor of Stretton in the Dale in the County of Salop," 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 Clerk as follows:

"Pr. 45. L. 30. After ("notwithstanding") insert Clause ("A.")

"Clause (A.) "And be it further enacted, That it shall be lawful for the Rector of the said Parish, by and with the Consent and Approbation of the Bishop of Hereford, to grant any Lease or Leases to any Person or Persons of the Land to be allotted to the said Rector by virtue of this Act, or any Part thereof, for any Term or Number of Years not exceeding Twentyone Years, such Term of Twenty-one Years to commence and be computed from the Expiration of Twelve Calendar Months next after the Execution of the said Award, so as no such Lease be made dispunishable of Waste, and so as no Sum of Money be taken by Way of Fine or Premium for any such Lease, and so as the Rent to be reserved in every such Lease be made payable to the Rector of the said Parish Quarterly, and that the usual Powers of Re-entry for Non-payment of such Rent, and other necessary Clauses and Cove nants be contained therein, and every such Lease shall be good, valid, and effectual, any Law or Usage to the contrary hereof notwithstanding."

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

Wollaston Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Pastures, Meadows, and other Commonable Lands and Grounds, in the Parish of Wollaston in the County of Northampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

"Pr. 43. L. 10. After ("Parish") insert ("of Wollaston, or by the Vicar of the Parish of Mears Ashby aforesaid")

"L. 14. After ("Seal") insert ("or by the Vicar of Harrold aforesaid, without the like Consent of the Bishop of Lincoln")

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

Sir T. Acland's Petition to receive Judges Report.

Upon reading the Petition of George White Junior, Agent for Sir Thomas Dyke Acland Baronet; setting forth, "That a Petition having been presented to their Lordships on Thursday the 21st Day of February last, from the said Sir Thomas Dyke Acland, praying that Leave might be given to bring in a Private Bill, their Lordships were pleased on the same Day to order, that the Consideration of the said Petition should be referred to Mr. Baron Hotham and Mr. Baron Perryn; that the said Judges having signified their Inclination to comply with their Lordships Order, the Petitioner attended them with the Report and Witnesses, but on account of their Attendance on Mr. Hastings's Trial, and the approaching Circuits, they did, on Saturday the 1st of March, after having that Day gone through Three other Private Bills, declare that they found it impossible to go through the said Bill, in consequence of which the Petitioner procured the Order of Reference to be changed to Mr. Justice Gould and Mr. Justice Grose, who, from the Number of Private Bills then before them, found it impossible for them to enter upon the said Petition till after the Time limited for receiving Reports from the Judges was elapsed; that the said Judges have since considered the said Bill, and their Report is ready to be delivered in, and the Petitioner having incurred a considerable Expence in proceeding thus far in the said Business;" the Petitioner humbly prays their Lordships, "To give Leave for the said Report to be received:"

It is Ordered, That the Petitioner be at Liberty to present his said Report from the Judges, as desired.

Leave for a Bill:

Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Thomas Dyke Acland of Killerton in the County of Devon Baronet; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Trustees of the Will of Sir Thomas Dyke Acland Baronet, to cut down and sell Timber upon the Estates thereby devised, and to grant Leases of Part of the same Estates upon Fines, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will."

Hicks' Petition to receive Judges Report.

Upon reading the Petition of George White Junior, Agent for Michael Hicks of Williamstrip in the County of Gloucester Esquire; setting forth, "That on the 21st Day of February last, a Petition of the said Michael Hicks was presented to their Lordships, praying that Leave might be given to bring in a Private Bill, which Petition was by their Lordships, on the same Day, referred to Mr. Justice Gould and Mr. Justice Grose; that the said Judges declared themselves ready to obey their Lordships said Order, but from the Number of Private Bills before them, and their Attendance on the Trial of Mr. Hastings, they found it impossible to go through the said Bill before the Time fixed by their Lordships for receiving Reports from the Judges was expired; that a very considerable Expence having been incurred in the Business;" the Petitioner humbly prays, "That their Lordships will be pleased, on account of the Circumstances above stated, to give Leave for receiving the Report on the said Bill:"

It is Ordered, That the Petitioner be at Liberty to present his said Report from the Judges, as desired.

Leave for a Bill:

Accordingly, After reading and considering the Report of the Judges, to whom was referred the Petition of Michael Hicks Esquire and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It it Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain detached Parts of the Estates devised by the Will of Michael Hicks Esquire, in Norfolk, Suffolk, Gloucestershire, and London, in Trustees, to be sold, and for enabling them, with Consent of the Claimants under the Will, to sell the Timber and Trees upon certain Wood Lands in Essex, other Part of the devised Estates, and apply Part of the Purchase Money of the Timber in improving the Wood Lands, and to invest the Purchase Money of the detached Estates, and the Residue of the Purchase Money of the Timber in other Estates, to be settled to the same Uses."

Mitchell et al. against Officers of State in Scotland.

The House being informed, "That the Officers of State for the Interest of the Crown in Scotland, and others Respondents to the Appeal of the Reverend Mr. William Mitchell and others had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of William Murray of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

East India Troops Bill:

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

Moved, "That the Bill, intituled, "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting, and maintaining such Troops, as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned," be now read the Third Time.

The said Bill was accordingly read the Third Time.

Then it was moved, "That the 11th Section of the Statute 24th George 3d Cap. 25. be inserted in the Preamble of the Bill in Press 1. Line 34. after the Words ("And whereas")

("To the Intent that the said Board may be duly informed of all Transactions of the said Company in respect to the Management of their Concerns in the East Indies, it was enacted, That all the Members of the said Board shall at all convenient Times have Access to all Papers and Muniments of the said United Company, and shall be furnished with such Extracts or Copies thereof, as they shall from Time to Time require; and that the Court of Directors of the said United Company shall and they are hereby required and directed, to deliver to the said Board, Copies of all Minutes, Orders, Resolutions, and other Proceedings of all general and special Courts of Proprietors of the said Company and of the said Court of Directors, so far as relates to the Civil or Military Government, or Revenues of the British Territorial Possessions in the East Indies, within Eight Days after the holding of such respective Courts, and also Copies of all Dispatches which the said Directors, or any Committee of the said Directors shall receive from any of their Servants in the East Indies, immediately after the Arrival thereof, and also Copies of all Letters, Orders, and Instructions whatsoever, relating to the Civil or Military Government, or Revenues of the British Territorial Possessions in the East Indies, proposed to be sent or dispatched by the said Court of Directors, or any Committee of the said Directors, to any of the Servants of the said Company in the East Indies, and that")

Which being objected to;

The Question was put, "Whether the said Section shall be inserted?"

It was resolved in the Negative.

Then it was moved, in Press 3. Line 38. to leave out the Words ("Provided always").

Which being objected to;

The Question was put, "Whether the said Words shall stand Part of the Bill?"

It was resolved in the Affirmative.

Then it was moved, in Press 4. Line 5. after the Word ("of") to insert the Words ("Forces than shall amount in the Whole to 20,245 Men, including the Commissioned or Non-commissioned Officers, or of")

Which being objected to;

The Question was put, "Whether the said Words shall be inserted?"

It was resolved in the Negative.

Then it was moved, to insert at the End of the Bill, by way of Ryder, the following Clause;

"And be it further enacted, That this Act, and also the said Act passed in the Twenty-fourth Year of the Reign of His present Majesty, shall continue no longer than during the Continuance of the present Charter granted to the United Company of Merchants trading to the East Indies."

Which being objected to;

The Question was put, "Whether the said Clause shall be added to the said Bill?"

It was resolved in the Negative.

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

Which being objected to;

After long Debate,

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

It was resolved in the Affirmative.

DISSENTIENT.

Protest against passing it.

1st. "Because, we object altogether to the very Style and Form of the present Bill, inasmuch as it purports to be a Declaratory Bill, of a Kind as dangerous in its Application, as it is certainly unusual, if not new in its Principle. If the Act of the Twenty-fourth of His Majesty be clearly expressed, any Declaration of its Sense is evidently unnecessary; if it be worded, whether from Accident or Design in dark and equivocal Terms, we conceive that in order to do away every Ambiguity, the Mode, most open and candid in itself, as well as most regular and conformable to the Usage of Parliament, would have been by a Bill to explain and amend, and not to declare. And we cannot but behold this extraordinary Bill with yet greater Alarm, when it has been avowed, that it is intended to operate as an Act of Indemnity for past Measures not explicitly stated. Surely it is a Proposition absurd and monstrous on the very Face of it, to call upon this House to declare what was and is Law, subject to Provisions which shall be: A Declaration so qualified is a new Species of Bill of Indemnity, which, unlike all others, does not content itself with holding forth Terms of Protection against the penal Consequences of an illegal Act committed, but retrospectively alters and reverses the Nature and Essence of the Action itself from its very Origin, if certain prospective Conditions be subsequently observed."

2dly. "Because, the Preamble of the present Bill which must be presumed to set forth the legal Grounds of the proposed Declaration, does not appear to us in Reality to contain any such Grounds. It offers nothing more than partial and pieced Extracts from various Sections of the Twenty-fourth of His present Majesty; Two of which evidently convey only general Powers to be exercised "in such Manner as in the said Act is directed," that is, subject to Limitations and Modifications not recited in the Preamble; and the Third of these Extracts which is taken from the Conclusion of the Eleventh Section of the Act abovementioned, is in Truth Part of a Clause imperative on the Directors, not enabling to the Commissioners; binding the former to obey the Orders of the latter, (that is, all such Orders as they may lawfully issue under other Parts of the Act) but not conferring on the latter any Portion of distinct Power. Their Powers, whatever they may be, must be sought in the enabling Clauses of the Act, by which alone this imperative Clause can be construed, but of which not a Trace is to be discovered in the Preamble."

3dly. "Because, the Limitations and Restraints on the Power of the Commissioners, which are now imposed for the First Time in this Bill, carry with them an Intimation highly derogatory to the Honour and Wisdom of this House, inasmuch as they imply that in the very Moment when this House felt the most tender Apprehensions for the Safety of Chartered Rights, and when they were most anxiously alarmed for the Consequences of transferring the Power and Patronage of the Company even for a Time, they consciously and deliberately passed an Act by which those Rights were to be superseded, and that Power and Patronage in Effect vested in the Board of Controul for ever, without sufficient Checks and Guards to protect the one or to prevent the corrupt Use of the other. The Authors of these limiting and restraining Clauses have left to the Majority of this House no other Refuge from the Imputation of this Inconsistency, but in an Ignorance of that Meaning which we are now called upon to declare."

4thly. "Because, if any such Limitations and Restraints be indeed necessary, the Provisions of this Bill, we are persuaded must prove nugatory and inefficient."

5thly. Because coupling the Act of the Twenty-fourth of His Majesty, with all its accumulated Explanations and Amendments, and understanding the Powers there conferred on the Commissioners to the Extent implied in the Preamble and limiting Clauses of the present Bill; the System established by that Act, in Truth, realizes all the Dangers which were ever attributed to another Measure then recently rejected by this House, and is certainly fruitful of formidable Mischiefs proper to itself, friendly to corrupt Intrigue and Cabal, hostile to all good Government, and especially abhorrent from the Principles of our Popular Constitution. The Patronage of the Company (and this seems to be the most serious Terror of the People of England) the Commissioners enjoy in the worst Mode; without that Responsibility which is the natural Security against Malversation and Abuse. They cannot immediately appoint, but they have that Weight of Recommendation and Influence which must ever inseparably attend on substantial Power; and which, in the present Case, has not any where been attempted to be denied. Should this fail them in the First Instance, they can intimidate and encourage, they can suppress the Approbation and the Censure of the Directors on their own Servants, they can substitute Blame for Praise and Praise for Blame, or they may instantly recal whomsoever the Directors may appoint against their Will, and this they may repeat till they ultimately compel the Directors, harrassed and overawed, to nominate the Man whom the Commissioners may wish to favour. Nor is this Disposal of Patronage without Responsibility the only Evil that characterizes the System; all the high Powers and Prerogatives with which the Commissioners are vested they may exercise invisibly, and thus for a Period at least evade, perhaps in a great Measure finally baffle all political Responsibility; for they have a Power of administering to their Clerks and other Officers an Oath of Secrecy, framed for the Occasion by themselves; and they possess in the India House the suspicious Instrument of a Secret Committee, consisting only of the Chairman, the Deputy Chairman, and One other Director, all bound to them by an Oath.

"Through these they have sent an Arrangement for paying the Debts of the Nabob of Arcot, beneficial to Individuals, injurious to the Company, and fundamentally contradicting the plain Principle of an express Clause in that very Act by which their own Board was instituted, and through these they have concurred to transmit a Dispatch, altered too by themselves, on a Subject of mere Trade, over which they profess to disclaim all Right of Management. After such Examples we must confess, that our Imaginations cannot figure to us any Description of Business which may not be sheltered behind the thick Veil of the Secret Committee; and from our past Experience relative to the first of these Transactions, we are so justly sensible of the great Advantages with which the Servants of the Crown must argue on such Topics before an Assembly constitutionally disposed to a general Confidence in them; that we should be sanguine indeed, did we expect any considerable Check to be given to the possible Misconduct of the Board of Controul by the Fears of a Parliamentary Enquiry."

6thly. Because the Operation of this Bill and of the Act, the Meaning of which it is to declare, ought to have been limited to the Duration of the existing Charter. Whatever may be the Right of the Legislature to subject the Trade and the general Revenues of the Company to the Inspection and Controul of a Board of Commissioners nominated by the Crown, so long as the Company continue in the Enjoyment of an exclusive Trade, and in the Management of great Territorial Revenues; we must, however, maintain, that to perpetuate such Inspection, and to render the Signatures of that Board necessary to all the Company's Dispatches of every Kind, when they may carry on their Trade merely as a commercial Corporation without any Monopoly, and when they may remain in the Management only of their own proper Estates, is a Measure of Injustice wholly unprecedented, and an Example liable to much reasonable Jealousy in a commercial Country like Great Britain.

On all these Grounds of Objection to the Style and Form of the Bill, as a Declaratory Bill, to the Incongruities, Absurdities, and Deficiencies of the Bill itself; to much of the Principle, and to all the distinguishing Character of the System which it is meant to declare, as well as to the perpetual Operation which it gives to that System, we think it incumbent upon us here solemnly, in the Journals of Parliament, to record our hearty Dissent for the Satisfaction of our own Consciences, and for our Justification to our Fellow Citizens and to Posterity.

Wentworth Fitzwilliam.
Scarbrough.
Buckingham.
Carlisle.
Craven.
Sandwich.
Portland.
Porchester.
Derby.
Devonshire.
Cholmondeley.
Powis.
Cardiff.
Bedford.
Loughborough.

DISSENTIENT.

For the First, Second, Third, Fourth, and Fifth Reasons.

"Hay."

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

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Martii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 20^o Martii 1788.

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 Lord Osborne on his Right Hand, and the Lord Sydney 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; (videlicet)

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 endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say) "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters." "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting, and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions, and for limiting the Application of the said Revenues in the Manner therein mentioned." "An Act to amend and render more effectual an Act made in the Fifteenth Year of His late Majesty King George the Second, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace, and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread." "An Act for pulling down the Church of Saint James at Clerkenwell in the County of Middlesex, and for building a new Church and making a new Church Yard or Cemetry in the said Parish, with convenient Avenues and Passages thereto." "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament relating to the watching, lighting, and cleansing the Streets and other Places within the Town of Liverpool; and for removing and preventing Nuisances and Annoyances therein." "An Act for the more effectually draining and preserving certain Fen Lands and Low Grounds in the Manor or Township of North Kyme in the County of Lincoln." "An Act for enabling the Right Honourable George Earl Brooke and Earl of Warwick to build a new Bridge over the River Avon in the Borough of Warwick, and to open proper Roads and Ways thereto." "An Act for reviving, continuing, and enlarging the Term and Powers of an Act made in the Fifth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Alfreton Turnpike Road near a Place called Little Robins in the Parish of Mansfield in the County of Nottingham, through Woolley Moor to the Nottingham Turnpike Road near Tansley in the County of Derby; and from Woolley Moor to the Chesterfield Turnpike Road at Kelstidge in the said County of Derby." "An Act for enlarging the Term and Powers of an Act passed in the Sixth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Mansfield and Chesterfield Turnpike Road near the Nine Mile Stone from Mansfield, through Temple Normanton, Tupton new Enclosure and Birkin Lane, to Buntingfield Nook in the Parish of Ashover in the County of Derby." "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament made in the Twentieth and Twenty-sixth Years of the Reign of His late Majesty King George the Second, for repairing the Road leading from Catterick Bridge in the County of York, to Yarm in the said County; and from thence to Stockton in the County of Durham; and from thence through Sedgefield in the said County of Durham, to the City of Durham; and for reducing the said Acts into one; and for the more effectually repairing and keeping in Repair the said Road." "An Act for continuing the Term and enlarging the Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster, to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset." "An Act for vesting the Real Estate of Thomas Reade Esquire and Elizabeth Reade his Daughter, situate in Shirburn, Brittwell, Salome, Lewknor, Stokenchurch, and Kingston Blount, in the County of Oxford, in Thomas Earl of Macclesfield, and his Heirs; and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same in Manner therein mentioned." "An Act for dividing and enclosing certain Open Fields or Stinted Pastures lying within the Parish of Parwich in the County of Derby." "An Act for dividing and enclosing the several Common and Open Fields, Meadows, Pastures, Commons, and Waste Grounds within the Liberty of Hixton, and the Commons and Waste Grounds within the Liberties of Drointon, Lea, and Amerton, all within the Manor of Chartley in the County of Stafford." "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commonable Grounds in the Parish or Lordship of Humberstone in the County of Leicester." "An Act for dividing, allotting and enclosing the Open and Common Fields, Arable Lands, Pastures, Woods, Downs, Cow Downs, Sheep Downs, Waste Lands, and other Open and Commonable Places within the Parish of Headbourn Worthy in the County of Southampton." "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds of and within the Parish of Bradwell in the County of Bucks." "An Act for dividing and enclosing the several Open Arable Fields, Meadows, Heaths, Commons, and Waste Grounds within the Manor and Parish of Wandon, otherwise Wavendon, in the County of Bucks." "An Act for dividing, allotting, and enclosing the several Open and Common Arable Fields, Meadows, Pastures, Commons, and Waste Grounds within the Township of Filey, otherwise Filo, in the East and North Ridings of the County of York." "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons of and within the Lordship or Liberty of Mowsley in the County of Leicester." "An Act for dividing and enclosing the Common Arable Fields and other Common Grounds within the Manor or Lordship and Township of Knapton in the County of the City of York." "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Common and Waste Lands in Fladbury in the County of Worcester." "An Act for naturalizing Daniel Godfrey Hintze." 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 Our most dear Son and Our faithful Counsellor George Prince of Wales; the most Reverend Father in God, Our right trusty and well-beloved Counsellor John Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our right trusty and right well-beloved Cousin and Counsellor Charles Earl Camden, President of Our Council; Our right trusty and entirely beloved Cousin and Counsellor Granville Marquis of Stafford, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors James Duke of Chandos, Steward of Our Household; Charles Duke of Richmond, George Duke of Montagu, Master of Our Horse; Our right trusty and right well-beloved Cousins and Counsellors James Earl of Salisbury, Chamberlain of Our Household; Henry Earl Bathurst, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth, Groom of Our Stole; Richard Viscount Howe, First Commissioner of Our Admiralty; and Our right trusty and well-beloved Counsellors Francis Lord Osborne, One of Our Principal Secretaries of State; and Thomas Lord Sydney, One other of Our Principal Secretaries of State; 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 enroll 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 Twentieth Day of March, in the Twenty-eighth 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."

1. "An Act for punishing Mutiny and Desertion' and for the better Payment of the Army and their Quarters."

2. "An Act for removing any Doubt respecting the Power of the Commissioners for the Affairs of India, to direct that the Expence of raising, transporting and maintaining such Troops as may be judged necessary for the Security of the British Territories and Possessions in the East Indies, should be defrayed out of the Revenues arising from the said Territories and Possessions; and for limiting the Application of the said Revenues in the Manner therein mentioned."

3. "An Act to amend and render more effectual an Act made in the Fifteenth Year of His late Majesty King George the Second, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace, and for settling and adjusting the Proportions of fine Silver and Silk, and for the better making of Gold and Silver Thread."

4. "An Act for pulling down the Church of Saint James at Clerkenwell in the County of Middlesex, and for building a new Church; and making a new Church Yard or Cemetery in the said Parish, with convenient Avenues and Passages thereto."

5. "An Act for enlarging and varying some of the Powers contained in certain Acts of Parliament, relating to the watching, lighting, and cleansing the Streets and other Places within the Town of Liverpool, and for removing and preventing Nuisances and Annoyances therein."

6. "An Act for more effectually draining and preserving certain Fen Lands and Low Grounds, in the Manor or Township of North Kyme in the County of Lincoln."

7. "An Act for enabling the Right Honourable George Earl Brooke and Earl of Warwick, to build a new Bridge over the River Avon, in the Borough of Warwick, and to open proper Roads and Ways thereto."

8. "An Act for reviving, continuing, and enlarging the Term and Powers of an Act made in the Fifth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Alfreton Turnpike Road, near a Place called Little Robins in the Parish of Mansfield in the County of Nottingham, through Woolley Moor to the Nottingham Turnpike Road, near Tansley in the County of Derby, and from Woolley Moor to the Chesterfield Turnpike Road at Kelstidge in the said County of Derby."

9. "An Act for enlarging the Term and Powers of an Act passed in the Sixth Year of the Reign of His present Majesty King George the Third, for repairing and widening the Road from the Mansfield and Chesterfield Turnpike Road, near the Nine Mile Stone from Mansfield, through Temple Normanton, Tupton new Inclosure, and Birkin Lane, to Bunting Field Nook in the Parish of Ashover in the County of Derby."

10. "An Act for enlarging and altering the Terms and Powers of Two Acts of Parliament made in the Twentieth and Twenty-sixth Years of the Reign of His late Majesty King George the Second, for repairing the Road leading from Catterick Bridge in the County of York, to Yarm in the said County, and from thence to Stockton in the County of Durham, and from thence through Sedgefield in the said County of Durham to the City of Durham, and for reducing the said Acts into one, and for the more effectually repairing and keeping in Repair the said Road."

11. "An Act for continuing the Term, and enlarging the Powers of an Act passed in the Sixth Year of the Reign of His present Majesty, for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster, to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset."

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

"Le Roy le veult."

12. "An Act for vesting the Real Estate of Thomas Reade Esquire, and Elizabeth Reade his Daughter, situate in Shirburn, Brittwell, Sallome, Lewknor, Stokenchurch, and Kingston Blount, in the County of Oxford, in Thomas Earl of Macclesfield and his Heirs, and for settling another Real Estate of the said Earl of greater Value in lieu thereof, and in Exchange for the same, in Manner therein mentioned."

13. "An Act for dividing and enclosing certain Open Fields or Stinted Pastures, lying within the Parish of Parwich in the County of Derby."

14. "An Act for dividing and enclosing the several Common and Open Fields, Meadows, Pastures, Commons, and Waste Grounds, within the Liberty of Hixton, and the Commons and Waste Grounds within the Liberties of Drointon, Lea, and Amerton, all within the Manor of Chartley in the County of Stafford."

15. "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commonable Grounds in the Parish or Lordship of Humberstone in the County of Leicester."

16. "An Act for dividing, allotting, and enclosing the Open and Common Fields, Arable Lands, Pastures, Woods, Downs, Cow Downs, Sheep Downs, Waste Lands, and other Open and Commonable Places within the Parish of Headbourn Worthy in the County of Southampton."

17. "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Parish of Bradwell in the County Bucks."

18. "An Act for dividing and enclosing the several Open Arable Fields, Meadows, Heaths, Commons, and Waste Grounds within the Manor and Parish of Wandon, otherwise Wavendon, in the County of Bucks."

19. "An Act for dividing, allotting, and enclosing the several Open and Common Arable Fields, Meadows, Pastures, Commons, and Waste Grounds within the Township of Filey, otherwise Filo, in the East and North Ridings of the County of York."

20. "An Act for dividing and enclosing the Open and Common Fields, Meadows, and Commons, of and within the Lordship or Liberty of Mowsley in the County of Leicester."

21. "An Act for dividing and enclosing the Common Arable Fields and other Common Grounds within the Manor or Lordship and Township of Knapton in the County of the City of York."

22. "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Common and Waste Lands in Fladbury in the County of Worcester."

23. "An Act for naturalizing Daniel Godfrey Hintze."

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.

Writs of Error delivered:

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Five Writs of Error.

Carnan against Green:

In the First of which,
Thomas Carnan is Plaintiff,
and
John Green is Defendant.

Carnan against Truman:

In the Second,
Thomas Carnan is Plaintiff,
and
John Truman is Defendant.

Carnan against Malin:

In the Third,
Thomas Carnan is Plaintiff,
and
George Malin is Defendant.

Faikney against Holland:

In the Fourth,
Joseph Faikney Esquire is Plaintiff,
and
Edward Holland Esquire is Defendant.

Vine against Barnwell.

And in the last,
Henry Vine is Plaintiff,
and
Robert Barnwell is Defendant.

D Newcastle's Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for divesting Sir Henry Clinton and his Heirs, of the Trusts of divers Castles, Honours, Manors, Messuages, Lands, Tenements, and Hereditaments of the Most Noble Henry Duke of Newcastle, and for vesting the same in another Trustee upon the same Trusts, and with the like Powers as are mentioned and declared in an Indenture of Release of the Twentieth Day of May One thousand seven hundred and seventy-five, or such of them as remain to be performed, or are capable of taking Effect," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Bruce against Ross.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Edward Bruce is Appellant, and Walter Ross is Respondent:"

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

Williams et al. against Wright.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Richard Williams and others are Appellants, and Robert Wright is Respondent:"

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

Adderley's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Charles Bowyer Adderley Esquire and the future Tenants for Life of the Estates devised by the Will of Bowyer Adderley Esquire to grant Building and Repairing Leases thereof."

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. Pepys:

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

Swaby, &c. Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, and other Commonable Lands and Waste Grounds within the Townships or Parishes of Swaby and Belleau in the County of Lincoln."

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

It was resolved in the Affirmative.

Castlemartin Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for draining, dividing, and enclosing the Common and Waste Ground called Castlemartin Corse within the Manor and Parish of Castlemartin in the County of Pembroke."

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

It was resolved in the Affirmative.

Dumbarton Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term and altering and enlarging the Powers of Three Acts passed in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty, and in the Twelfth Year of the Reign of His present Majesty, for repairing several Roads leading into the City of Glasgow, so far as relates to that Part of the Road from the City of Glasgow to the Town of Dumbarton, which leads through the County to the Town of Dumbarton."

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.

Wollaston Enclosure Bill:

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

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

It was resolved in the Affirmative.

Stretton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Commons and Waste Lands within the Manor of Stretton-in the-Dale in the County of Salop."

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

It was resolved in the Affirmative.

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

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem Aprilis, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.