Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 33: March 1772, 11-20', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol33/pp292-310 [accessed 23 December 2024].
'House of Lords Journal Volume 33: March 1772, 11-20', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol33/pp292-310.
"House of Lords Journal Volume 33: March 1772, 11-20". Journal of the House of Lords Volume 33, 1770-1773. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol33/pp292-310.
In this section
Die Mercurii, 11o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Mac Nair against Coulter et al.
The Answer of James Coulter and others, to the Appeal of Robert Mac Nair, was this Day brought in.
Hanckwitz's Divorce Bill.
The Lord Boston (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, An Act to dissolve the Marriage of Ambrose Godfrey Hanckwitz with Dorothy Ashcroft his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:
And the same, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
City of Norwich to New Buckingham Road Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for repairing and amending the Road from Berstreet Gates, in the City of Norwich, to New Buckingham, in the County of Norfolk, 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.
Plymouth, Paving, &c. Bill.
The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to explain and amend an Act, passed in the Tenth Year of His present Majestys Reign, for paving, lighting, and watching, the Town of Plymouth, in the County of Devon; and for regulating the Carmen and Porters within the said Town, was committed.
Little Kington, &c. Enclosure Bill.
The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for allotting, dividing, and enclosing, the Open and Common Fields, and Common or Commonable Meadows, Pastures, Lands, and Grounds, and Common or Waste Land, of and within the Manor of Little Kington, Combrooke, and Brookehampton, in the County of Warwick, 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.
Woolley Enclosure Bill.
The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common and Open Fields, and other Commonable Lands and Waste Grounds, within the Manor and Parish of Woolley, in the County of Huntingdon, was committed.
Foxley Charity Bill
Hodie 3a vice lecta est Billa, intituled, An Act for establishing and regulating a Charity, called Foxley Charity, in the County of Northampton, founded by Lady Catherine Leveson.
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. Harris and Mr. Montagu:
To carry down the said Bill, and desire their Concurrence thereto.
Great Ormside Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Waste Grounds, within the Manor of Great Ormside, in the Parish of Ormside, in the County of Westmorland.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Scaftworth Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Commons and Waste Lands and Grounds, in the Township of Scaftworth, in the County of Nottingham.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Iselins Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing John Luke Iselin.
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 Three preceding Bills.
A Message was 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.
Compton et al Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Henry Compton the Younger Esquire, and others; 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 1a vice lecta est Billa, intituled, An Act for vesting certain Lands and Tenements, in the County of Southampton, late the Estate of John Mills Esquire deceased, in Trustees, to be sold; and for applying the Money, arising from the Sale thereof, towards discharging his Debts and Legacies.
Soulbury Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, within the Manor and Liberties of Soulbury, with the Hamlet of Hollindon, in the County of Bucks.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Denshanger Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, within the Hamlet of Denshanger, in the Parish of Passenham, in the County of Northampton.
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.
Rucker's Nat. Bill.
A Message was brought from the House of Com mons, by Mr. Hanmer and others:
With a Bill, intituled, An Act for naturalizing Conrad Rucker; to which they desire the Concurrence of this House.
City of Norfolk to Scole Bridge Road Bill.
A Message was brought from the House of Commons, by Sir Edward Astley and others:
With a Bill, intituled, An Act for enlarging the Term and Powers of an Act for repairing and widening the Road from the City of Norwich to Scole Bridge, in the County of Norfolk; to which they desire the Concurrence of this House.
Bedford Level Company, Bill.
A Message was brought from the House of Commons, by Sir John Hynde Cotton and others:
With a Bill, intituled, An Act to enable the Governor, Bailiffs, and Commonalty of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level to borrow upon Bonds further Money, upon Account of the Middle and South Levels, Part of the said Great Level; and for establishing a further certain Fund for Payment of the Bonds of the said Corporation, out of the said Middle and South Levels; to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Plymouth Paving, &c. Bill.
HoDie vice lecta est Billa, intituled, An Act to explain and amend an Act, passed in the Tenth Year of His present Majestys Reign, for paving, lighting, and watching, the Town of Plymouth, in the County of Devon; and for regulating the Carmen and Porters within the said Town.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Woolley Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Open Fields, and other Commonable Lands and Waste Grounds, within the Manor and Parish of Woolley,in the County of Huntingdon.
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.
A Message was 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.
Caithness Claim of Peerage.
Upon reading the Petition of William Sinclair of Ratter Esquire, Claimant of the Peerage of Caithness; setting forth, That, in order to give Proofs of divers Matters, by Oath, before the Lords Committees for Privileges, at the Time of this Claim coming on to be considered by their Lordships, it being apprehended to be necessary for the Petitioners Attorney in Scotland to attend, and the Petitioner having been in Hopes that his said Attorney would be in London by this Time, the Matter of this Claim was Ordered to be taken into Consideration on Friday the 13th of this instant March; but the Petitioner now finds that his said Attorney cannot be in London before the 16th instant; and therefore praying, That the Sitting of the Committee of Privileges on this Claim may be put off to Wednesday the 18th of this instant March:
It is Ordered, That the Sitting of the Committee of Privileges on this Claim of Peerage be put off to Wednesday the 18th of this instant March; and that Notice thereof be given to His Majestys Attorney General and the Lord Advocate for Scotland.
Coulter et al, against Mac Nair, Cross Appeal.
Upon reading the Petition and Cross Appeal of James Coulter, George Bogle Junior, John Graham, John Cross, and the Representatives of Archibald Ingram, James Spreul, and George Buchanan, all Merchants in Glasgow, complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland of the 13th of February 1772; and praying, That the same may be reversed or altered, or that the Appellants may have such other Relief in the Premises as to this House,in their Lordships great Wisdom and Justice, shall seem meet; and that Robert Mac Nair Merchant in Glasgow may be required to Answer the said Appeal:
It is Ordered, That the said Robert Mac Nair may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 8th Day of April next; and Service of this Order upon the known Agent, Solicitor, Counsel, or Procurator, for the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.
Papers relating to the Forts and Settlements in Africa, delivered.
The House being informed, That Mr. Jackson from the Admiralty Office attended:
He was called in, and delivered at the Bar, pursuant to the Directions of An Act of Parliament of the 23d Year of King George the Second;
Copies of Reports made by Captain Fielding of His Majestys Ship The Rainbow, and Captain Young of The Weazle, to the Commissioners for executing the Office of Lord High Admiral of Great Britain, of the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Company of Merchants trading to that Place:
No 1. Extract, of a Letter from Captain Fielding dated 12th April 1771.
2. State and Condition of Secundee Fort, taken 12th April 1771.
3. State and Condition of Commenda Fort, taken 10th April 1771.
4. State and Condition of Annamaboe Fort, taken 14th April 1771.
5. State and Condition of Apolonia Fort, taken April 1771.
6. State and Condition of Cape Coast Castle, taken April 1771.
7. State and Condition of Dixcove Fort, taken (fn. 1)
8. Extract of a Letter from Captain Young, dated 7th July 1771.
9. State and Condition of Winnenebah Fort, taken 17th April 1771.
10. State and Condition of Tantumquerry Fort, taken 17th April 1771.
11. State and Condition of Accra Fort, taken 18th April 1771.
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Papers do lie on the Table.
Handborough Enclosure Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Handborough, in the County of Oxford, which stands appointed for To-morrow, be adjourned to Friday next.
Rigg Moor and Brearton Moor Enclosure Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act for dividing and enclosing the several Moors or Commons, called Rigg Moor and Brearton Moor, within the Manor of Brearton, in the Parish of Knaresborough, in the County of York, which stands appointed for To-morrow, be adjourned to Friday next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 13o Martii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Grant against Duff et al Petition for a Bye Day.
A Petition of Captain Robert Duff, and others, Respondents in a Cause depending in this House, to which Major General Francis Grant is Appellant, which stands appointed for hearing, was presented and read; setting forth, That this Appeal is against a Judgement of the Court of Session in Scotland, ordering the Enrolment of the Respondents, (Six in Number), as Freeholders in the County of Elgin and Moray, that, until this Appeal is heard, the Respondents stand deprived of the Possession and Exercise of the valuable Right of Freeholders; that, from the State of the Causes which (land for hearing in Order prior to this Appeal, it is now next to a Certainty that the said Appeal cannot, in that Order, be heard this Session; and therefore praying, Their Lordships to appoint such Bye-Day for hearing the same, as to the House shall seem meet.
And thereupon the Agents were called in, and heard at the Bar; and being withdrawn:
Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 28th Day of April next.
Tunbridge Wells; &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Harcourt and others:
With a Bill, intituled, An Act to continue, amend, and render more effectual, an Act passed in the Seventh Year of the Reign of His present Majesty, for repairing the Roads from Tunbridge Wells, in the County of Kent, to Swifts Den, in the Parish of Etchingham; and from Front to Possingworth Great Wood, adjoining to the Turnpike Road there, leading to Blackboys, in the County of Sussex; to which they desire the Concurrence of this House.
Manton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. George Brudenell and others:
With a Bill, intituled, An Act for dividing and enclosing the Common Fields, within the Parishes of Manton, in the County of Rutland; to which they desire the Concurrence of this House.
Deeds and Wills of Papists, Bill.
A Message was brought from the House of Commons, by Mr. Ambler and others:
With a Bill, intituled, An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers; to which they desire the Concurrence of this House.
Sandford Enclosure Bill.
A Message was brought from the House of Commons, by General Honeywood and others:
With a Bill, intituled, An Act for dividing and enclosing the Common and Waste Grounds, and Stinted Pasture, within the Manor of Sandford, in the Parish of Warcop in the County of Westmorland; to which they desire the Concurrence of this House.
Moorby cum Wilksby Enclosure Bill.
A Message was brought from the House of Commons, by the Lord Brownlowe Bertie and others:
With a Bill, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Manor of Moorby cum Wilksby, in the Townships of Moorby and Wilksby, in the County of Lincoln; to which they desire the Concurrence of this House.
Kingsnorton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Dowdeswell and others:
With a Bill, intituled, An Act for dividing and enclosing the Commons and Waste Lands, within the Manor and Parish of Kingsnorton, in the County of Worcester; to which they desire the Concurrence of this House.
The said Six Bills were,severally, read the First Time.
Message from H. C. to return the Bill for Pole to take the Name of Carew.
A Message was brought from the House of Commons, by Mr. (fn. 2) Rashleigh and others:
To return the Bill, intituled, An Act to enable Reginald Pole Esquire, to take, Use, a,nd bear, the Surname and Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet deceased; and to acquaint this House, that they have agreed to the same, without any Amendment.
Rigg Moor and Brearton Moor Enclosure Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Moors or Commons, called Rigg Moor and Brearton Moor, within the Manor of Brearton, in the Parish of Knaresborough, in the County 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 directed him to report the same to the House, without any Amendment.
Soulbury Enclosure Bill.
The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, within the Manor and Liberties of Soulbury, with the Hamlet of Hollindon, in the County of Bucks, was committed.
Handborough Enclosure Bill.
The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Handborough> in the County of Oxford, was committed.
Denshanger Enclosure Bill.
The Lord Boston made the like Report from, the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common PastureS, Common Meadows, Common Grounds, and Commonable Lands, within the Hamlet of Denshanger, in the Parish of Passenham, in the County of Northampton, was committed.
Hanckwitzs Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Ambrose Godfrey Hanckwitz with Dorothy Ashcroft his now Wife, and to enable, him to marry again; and for other Purposes therein mentioned.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Anguish and Mr. Montagu:
To carry down the said Bill, and desire their Concurrence thereto.
Minchin et Ux Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Humphry Minchin Esquire and Clarinda his Wife; 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 1a vice lecta est Billa, intituled, An Act for vesting the Settled Estates of Humphry Minchin Esquire, in the County of Tipperary, in the Kingdom of Ireland, in Trustees, to sell the same; and for laying out the Money arising thereby, in the Purchase of other Estates in that Part of Great Britain called England, or in the Principality of Wales, to be settled to the same Uses.
Sandys et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Lord Robert Bertie, and Edwin Lord Sandys, and others; 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.
Biil read.
Hodie 1a vice lecta est Billa, intituled, An Act to enable the Guardians of the Infant Children of the Honourable Mary Sandys deceased, to make Leases of their Settled Estates in England and Ireland, during their respective Minorities.
City of Norwich to Scold Bridge, Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act for repairing and widening the Road from the City of Norwich to Scale Bridge, in the County of Norfolk
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 oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Little Kington, &c. Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for allotting, dividing, and enclosing, the Open and Common Fields, and Common or Commonable Meadows, Pastures, Lands, and Grounds, and Common or Waste Land, of and within the Manor of Little Kington, Combrooke, and Brookehampton, in the County of Warwick.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message te H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint thern, That the Lords have agreed to the said Bill, without any Amendment.
Fullerton et al. for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of William Fullerton Esquire and others; 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 1a vice lecta est Billa, intituled, An Act for vesting the Freehold and Leasehold Estates of Edward Holden Cruttenden Esquire deceased, in the Parishes of Putney and Roehampton, in the County of Surry, in Trustees, for the Purposes therein mentioned.
Shelley et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of John Shelley Esquire and others; 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 1a vice lecta est Billa, intituled, An Act to enable Trustees, with the Consent of the Persons claiming under the Will of Edward Shelley Esquire, to cut down and sell Timber upon the Settled Estates of the said Edward Shelley, in the County of Sussex, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will, and other Purposes.
Millss Bi11.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting certain Lands and Tenements, in the County of Southampton, late the Estate of John Mills Esquire deceased, in Trustees, to be sold; and for applying the Money arising from the Sale thereof towards discharging his Debts and Legacies.
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 the 30th Day of this instant March, at the usual Time and Place; and to adjourn as they please.
Rucker's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Conrad Rucker.
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.
Bedford Level Company Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to borrow upon Bonds further Money upon Account of the Middle and South Levels, Part of the said Great Level; and for establishing a further certain Fund, for Payment of the Bonds of the said Corporation, out of the said Middle and South Levels.
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.
Rushton James Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manor of Rushton James, in the Parish of Leek, in the County of Stafford.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of there, to meet on the same Day, at the same Place; and to adjourn as they please.
Causes put off.
Ordered, That the Hearing of the Cause, wherein James Bruce Carstairs Esquire of Kinross is Appellant, and Miss Anna Bruce of Arnott is Respondent, et e contra, which stands appointed for Monday next, be put off to Friday the 20th of this instant March; and that the Cause which stands appointed for Friday, be put off to Monday the 23d of this instant March, and that the Rest of the Causes on Cause Days be removed in Course.
Deas et al. against Home et al. Petition to amend Appeal.
Upon reading the Petition of John Deas Esquire and others, Appellants in a Cause depending in this House, to which John Home and others are Respondents; setting forth, That, since presenting their Appeal to their Lordships from a Decree of the Court of Session in Scotland, the Petitioners have been advised by their Counsel, that it is necessary that the Lord Provost, the Magistrates, and Counsellors, of the City of Edinburgh, should also be made Respondents to their said Appeal; and therefore praying their Lordships, That they may be at Liberty to amend their said Appeal, by making the Lord Provost, the Magistrates, and Counsellors, of the City of Edinburgh, Respondents to the same; and that the said Lord Provost, Magistrates, and Counsellors, may be Ordered to Answer the said Appeal:
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by making the said Lord Provost, the Magistrates, and Counsellors, of the City of Edinburgh, Respondents to the said Appeal; and that they do put in their Answer or respective Answer thereto, in Writing, on or before Friday the 10th Day of April next; and Service of this Order, on the known Agent for the City of Edinburgh, shall be deemed good Service.
Cusack et Ux. against Gilbert et al. Petition to amend Appeal.
Upon reading the Petition of James Cusack and Elizabeth his Wife, Appellants in a Cause depending; in this House, to which Robert Gilbert and others are Respondents, et e contra, which stands appointed for; hearing; setting forth, That, since the setting down the said Cause for hearing, Robert Gilbert, One of the Respondents, died, and Administration of all and singular his Rights and Credits (fn. 3) hath been granted by the Prerogative Court in Ireland to Ford Gilbert, Son of the said Robert Gilbert deceased; and therefore praying their Lordships, That the said Appeal may be revived against the said Ford Gilbert, and that the said Ford Gilbert be directed to answer the said Appeal:
It is Ordered, That the said Appeal do stand revived against the said Ford Gilbert, Son of the said Respondent Robert Gilbert deceased, as desired;and that he do put in his Answer thereto, in Writing, on or before Friday the 17th Day of April next.
Gott against Gott.
Upon reading the Petition of Dorothea Hugessen, Mary Hugessen, and Sarah Hugessen, the Three Infant Children of William Western Hugessen Esquire deceased, Devisees of the Real Estate of Sarah Gott Spinster lately deceased, by Thomas in Hugessen Widow, their Mother and Guardian, and of Edmund Filmer Clerk, and Francis Filmer Esquire, Executors of the last Will and Testament of the said Sarah Gott; setting forth, That the said Sarah Gott presented her Appeal to this House against Henry Thomas Gott Respondent, praying to be relieved against a Decree of the High Court of Chancery, dated the 12th Day of December 1770; that the said Appeal was Ordered to stand for hearing on the 9th of this instant March, but the said Sarah Gott hath lately (videlicet) on the 5th Day of this instant March, departed this Life; that the said Sarah Gott, by her last Will and Testament, in Writing, dated the 2d Day of July 1764, executed in the Presence of Three Witnesses, hath devised all her Real Estate to all and every Child and Children of the Body of the said William Western Hugessen deceased, equally to be divided between them as Tenants in Common in Tail, and hath also given to them all her Personal Estate, and appointed the Petitioners Edmund Filmer and Francis Filmer Executors of the said Will; that the Petitioners are advised it is necessary for them to exhibit a Supplemental Bill in the said Court of Chancery, and to prove the Will of the said Sarah Gott against her Heirs at Law, and to have a Decree of that Court to carry on the said Suit brought there, in like Manner as the said Sarah Gott, while living, might have done, before they can be entitled to prosecute the said Appeal, brought by the said Sarah Gott as aforesaid, before their Lordships, or present another Petition of Appeal for the like Purpose; and therefore praying, That the Hearing of this Appeal may be put off, and that the Petitioners may be at Liberty to bring such Bill in the said Court of Chancery, for the Purposes aforesaid, as they shall be advised; or that this House will be pleased to make such other Order in the Premises, as to their Lordships shall seem meet:
Appeal dismissed, without Prejudice to bringing a, new One.
It is Ordered, That the said Appeal be dismissed, but without Prejudice to the Petitioners bringing a new Appeal, in case they shall be so advised.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum sextum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 16o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Causes put off.
Ordered, That the Hearing of the Cause, wherein John Dunbar late of London Merchant is Appellant, and William Lem and Ann his Wife are Respondents, which stands appointed for this Day, be put off to Monday next; and that the Cause which stands appointed for Monday next, be put off to the Wednesday following; and that the Rest of the Causes on Cause Days be removed in Course.
Colliers Divorce Bill.
Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of George Colliner Esquire with Christiana Gwyn his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for To-morrow, be put off to Wednesday next, and the Lords summoned; and that the Witnesses do then attend.
Rushton James Enclosure Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds within the Manor of Bushton James, in the Parish of Leek, in the County of Stafford, 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.
City of Norwich to Scole Bridge Road Bill.
The Lord Walpole reported from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of an Act for repairing and widening the Road from the City of Norwich to Scole Bridge, in the County of Norfolk, 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.
Carlton Moor, &c. Enclosure. Bill.
A Message was brought from the House of Commons, by Mr. Ridley and others:
With a Bill, intituled, An Act for dividing and enclosing a Moor, called Carlton Moor or Common, and an Open Field, called The Town Field, in the Manor and Township of Carlton, in the Parish of Guiseley, in the West Riding of the County of York; to which they desire the Concurrence of this House.
Buxton Enclosure Bill.
A Message was brought from the House of Commons, by the Lord George Cavendish and others:
With a Bill, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds, within the Liberty of Buxton, in the Parish of Bakewell and County of Derby; to which they desire the Concurrence of this House.
Epwell Enclosure Bill.
A Message was brought from the House of Commons, by the Lord Wenman and others:
With a Bill, intituled, An Act for dividing and enclosing a certain Open and Common Field, and Commonable Lands, in the Township, Liberties, and Precincts of Epwell in the County of Oxford to which they desire the Concurrence of this House.
Besselsleigh, &c. Road Bill.
A Message was brought from the house of Commons, by Mr. Penruddock and others:
With a Bill, intituled, An Act for repairing and widening the Road from the End of the present Turnpike Road from Besselsleigh to Hungerford, in the County of Berks, to Leckford, otherwise Sousley Water, in the County of Wilts; to which they desire the Concurrence of this House.
Aldermaston, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Cornwall and others:
With a Bill, intituled, An Act for repairing and widening several Roads from Aldermaston, in the County of Berks, to Basingstoke, and from Aldermaston aforesaid to the Turnpike Road from Basingstoke to Andover, at or near Worting, and to the Turnpike Road leading to, Winchester. at Popham Lane, in the County of Southampton; to which they desire the Concurrence of this House.
Low Toynton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Amcotts and others:
With a Bill, intituled, An Act for dividing and enclosing the Open Fields and Commonable, Places in the Parish, Lordship, or liberties; of Low Toynton, in the County of Lincoln; to which they desire the Concurrence of this House.
Lautiers Nat. Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, An Act for naturalizing John Lewis Lautier; to which they desire the Concurrence of this House.
Lanerk Roads and Bridge Bill.
A Message was brought from the House of Commons, by Mr. Lockhart Ross and others:
With a Bill, intituled, An Act for repairing and widening several Roads leading through the County of Lanerk; and for building a Bridge over the River Clyde, at or near a Place, called The Howford, in the said County; to which they desire the Concurrence of this House.
The said Eight Bills were,severally, read the First Time.
Caithness Claim of peerage.
Ordered, That William Sinclair of Ratter Esquire, Claimant of the Peerage of Caithness, do give Notice of his said Claim to James Sinclair and the Countess Fife; and that the Sitting of the Committee of Privileges, upon the said Claim of Peerage, which stands appointed for Wednesday the 18th Instant, be put off to Wednesday the 15th Day of April next; and that Notice thereof be given to His Majestys Attorney General, and the Lord Advocate for Scotland.
Sandyss Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable the Guardians of the Infant Children of the Honourable Mary Sandys deceased, to make Leases of their Settled Estates in England and Ireland, during their respective Minorities.
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 31st Day of this Instant March, at Ten oclock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Minchin's Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting the Settled Estates of Humphry Minchin Esquire, in the County of Tipperary, in the Kingdom of Ireland, in Trustees, to sell the same; and for laying out the Money arising thereby, in the Purchase of other Estates in that Part of Great Britain, called England, or in the Principality of Wales to be settled to the same Uses.
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.
Perrotts Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting a Messuage, called Highfield House, and divers Lands, with the Appurtenances, in the County of Gloucester, the Settled Estates of Benjamin Jason Perrott Esquire, in Trustees, to be sold, and conveyed as therein mentioned; and for laying out the Money, arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the like Uses.
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.
Shelley Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable Trustees, with the Consent of the Persons claiming under the Will of Edward Shelley Esquire, to cut down and sell Timber upon the Settled Estates of the said Edward Shelley, in the County of Sussex; and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will, and other Purposes.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Manton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields within the Parish of Manton, in the County of Rutland.
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.
Deeds and Wills of Papists, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers.
Ordered, That the said Bill be committed to a Committee of the whole House:
Ordered, That the House be put into a Committee upon the said Bill on Thursday next.
Tunbridge Wells, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to continue, amend, and render more effectual, an Act, passed in the Seventh Year of the Reign of His present Majesty, for repairing the Roads from Tunbridge Wells, in the County of Kent, to Swists Den, in the Parish of Etchingham; and from Frant to Possingworth Great Wood adjoining to the Turnpike Road there, leading to Black Boys, in the County of Sussex.
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.
Sandford Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Waste Grounds and Stinted Pasture, within the Manor of Sandford in the Parish of Warcop, in the County of Westmorland.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Moorby cum Wilksby Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Manor of Moorby cum Wilksby, in the Townships of Moorby and Wilksby, 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.
Kingsnorton Enclosure Bill; the Kings Consent signified to it.
The Earl of Suffolk acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Common and Waste Lands within the Manor and Parish of Kingsnorton, in the County of Worcester, was pleased to content (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.
Sellon for a Nat. Bill.
Upon reading the Petition of Francis Sellon, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Bill read.
Accordingly, The Lord Boston presented to the House, a Bill, intituled, An Act for naturalizing Francis Sellon.
The said Bill was read the First Time.
Rigg Moor and Brearton Moor Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Moors or Commons, called Rigg Moor and Brearton Moor, within the Manor of Brearton, in the Parish of Knaresborough, in the County of York.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Denshanger Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, within the Hamlet of Densbanger, in the Parish of Passenham, in the County of Northampton.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Handborough Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for, dividing and enclosing the Common Fields, Common Meadows, Common Grounds, and Commonable Places, in the Parish of Handborough, in the County of Oxford.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Soulbury Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, within the Manor and liberties of Soulbury, with the Hamlet of Hollingdon, in the County of Bucks.
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 Four preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Pechell:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Deas et al. against Home et. al. Petition for a Bye-Day.
Upon reading the Petition of John Home and others, Respondents in a Cause depending in this House, to which John Deas Esquire and others are Appellants; Jetting forth, That, under Grants from the City of Edinburgh, acknowledged Proprietors of the Ground, the Petitioners had made great Progress in building very extensive Edifices adjoining to the Bridge over the North Loch of the said City, for carrying on different Manufactures in which they are engaged, when the Appellants (Grantees of the said City for other Pieces of Ground in the New Town, and at a considerable Distance from the said Bridge) thought proper to bring an Action of Declarator in the Court of Session in Scotland, against the Magistrates and Town Council of Edinburgh, for preventing the Grants made to the Petitioners from being made effectual, under Pretence of some alleged implied Agreement, that no Buildings should be erected on that Spot; and the Appellants soon after applied, by Bill of Suspension, to the said Court, for an Injunction against the Petitioners to stop them from proceeding in their Buildings (then almost completed); but which Bill, after a full and deliberate Hearing, and printed Answers, Replies, and Duplies, was dismissed by unanimous Judgement of the said Court; that the Appellants have thought proper to appeal to their Lordships against the said Judgement, and as the Consequence of the Pendency of the said Appeal is to revive a Sist or temporary Injunction issued by the Court of Session on presenting the Appellants Bill of Suspension, (till the Merits of the same should be determined), and to keep that Injunction in Force till the Issue of the said Appeal; and as the said Appeal cannot be heard in Course this Session, and a Delay to next would, by continuing the Injunction, be substantially equal to a Reversal of the said Decree of Dismission; and as the Respondents would besides run the Hazard of losing all the Money already laid out on those Buildings, were they to continue exposed to Wind and Weather another Year; and therefore praying, Their Lordships to appoint the Hearing of this Cause for such Bye-Day in the present Session, as to their Lordships shall seem proper:
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 9th Day of April next.
Petition of V. Valentia for the Delivery of Exhibits produced on his Claim to the Earldom of Anglesea. Petition of L. Mulgrave that the said Exhibits may not be delivered but under certain Condition.
Upon reading the Petition of the Right Honourable Arthur Viscount Valentia, in the Kingdom of Ireland; praying their Lordships, That all such Exhibits, and other written Evidence (not being Affidavits) which have been at any Time produced by or on the Part of the Petitioner, as well before their Lordships as before His Majestys Attorney General and Solicitor General in Ireland, and His Majestys Attorney General in England, in the Discussion of the different Claims to the Petitioners Honours, and which are now remaining with their Lordships Clerk Assistant, may be restored and delivered out by the Clerk to the Petitioners Agent, to be by him transmitted to the Petitioner in Ireland for the Defence and Support of the Petitioners Rights against the Claim now depending in that Kingdom; or that their Lordships will be pleased to make such other Order in the Premises, as the Nature and Circumstances of the Case may require: As also the petition of the Right Honourable Constantine Lord P Mulgrave, of the Kingdom of Ireland; praying their Lordships, That the Exhibits, and other written Evidence, which have at any Time been produced by or on the Part of the said Lord Viscount Valentia, as well before their Lordships as before His Majestys Attorney and Solicitor General in Ireland, and His Majestys Attorney General in England, now remaining with their Lordships Clerk Assistant, may not be delivered to the Agent of the said Lord Viscount Valentia, but that the several Reports, and all the Exhibits which have at any Time been produced by or on the Part of the said Lord Viscount Valentia or of Lady Dorothea Dubois, or of the Petitioner, and now remaining in the Custody of their Lordships Clerk Assistant, may be transmitted by him, under the Order of their Lordships, to the Clerk or other proper Officer of the House of Peers in Ireland, to be there produced before their Lordships, and to be made Use of by the said Lord Viscount Valentia and John Annesley Esquire respectively, as they may be advised or find necessary, or as their Lordships may direct, upon the Claim of the said John Annesley, now depending in the said House and to be returned by the said Clerk or Officer of the House of Peers in Ireland, to the Clerk Assistant of their Lordships, there to remain, subject to the further Order of their Lordships; or that their Lordships would please to make such Order in the Premises as, in their Justice and Wisdom, they shall think expedient; and that the Petitioner may be heard by his Counsel at their Lordships Bar, in Support of this his Petition; and also upon calling in and hearing the Agents on both Sides at the Bar:
It is Ordered, That all such Exhibits, and other written Evidence, (not being Affidavits or the Report of the Attorney and Solicitor General in Ireland, or the Report of the Attorney General in England), as were produced in the Cause upon the Petition of Arthur (styling himself Earl of Anglesey and Baron of Newport Pagnell in the Kingdom of Great Britain), claiming the Titles, Honours, and Dignities of Earl of Anglesey and Baron of Newport Pagnell in the Kingdom of Great Britain, as only Son and Heir Male of Richard late Earl of Anglesey; as also upon the Petition of Constantine Lord Mulgrave, in the Kingdom of Ireland praying to be heard by Counsel against the said Petition, be delivered, by the Clerk Assistant of this House, to Robert Netterville Esquire.
Alexander against Montgomery and Company.
Upon reading the Petition and Appeal of Robert Alexander Merchant in Edinburgh, complaining of an Interlocutor of the Lords of Session in Scotland of the 6th of this instant March; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that James Montgomery and Company, Tacksmen of the Coal Work of Newton upon Ayr, may be required to Answer the said Appeal:
It is Ordered, That the said James Montgomery and Company may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Wiiting, on or before Monday the 13th Day of April next; and Service of this Order, upon the said Respondents, or their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, decimum septimum diem instantis Martii, hora undecima Aurors, Dominis sic decernentibus.
Die Martis, 17o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Conyngham against His Majestys Attorney General in Ireland et al.
The Answer of His Majestys Attorney General, in the Kingdom of Ireland, and others, to the Appeal of Henry Lord Conyngham, was this Day brought in.
E. Pomfret et Ux. against Smith et al.
After hearing Counsel, in Part, in the Cause wherein the Right Honourable George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife are Appellants, and Thomas Smith and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Counsel be called in at One oClock.
L. Milton against Edgworth et al.
The House being informed, That Moore Edgworth and others, Respondents to the Appeal of the Right Honourable Joseph Lord Milton, 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 Thomas Hartley of the City of Dublin Gentleman, 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.
Mill to enter into Recognizance on Rutherfoord s et al. Appeal.
The House being moved, That James Mill Merchant may be permitted to enter into a Recognizance for James Rutherfoord Writer in Kinghorn and others, on Account of their Appeal depending in this House, they residing in Scotland:
It is Ordered, That the said James Mill Merchant may enter into a Recognizance for the said Appellants, as desired.
Crattendens Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting the Freehold and Leasehold Estates of Edward Holden Cruttenden Esquire deceased, in the Parishes of Putney and Roehampton, in the County of Surrey, in Trustees, for the Purposes therein mentioned.
Ordered, That the. said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday the First Day of April next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Buxton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds, within the Liberty of Buxton, in the Parish of Bakewell, and County of Derby.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.
Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of George Collier Esquire with Christiana Gwyn his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for To-morrow, be put off to Thursday next, and the Lords summoned; and that the Witnesses do then attend.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum octavum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 18o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
E. Pomfret et Ux. against Smith et al.
After heating Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Right Honourable George Earl of Pomfret and Anna Maria Countess of Pomfret his Wife, complaining of several Orders of the Court of Chancery, of the 13th of June, 2d of July, 9th of July, 18th of July, and Two of the 17th Day of December 1771, and praying, That the same might be set aside: As also, upon the Answer of Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Order of the 13th of June 1771, complained of in the said Appeal, be affirmed, with the following Variations: After [December 1769] leave out [ which have been received by the Defendant Thomas Smith, or by any other Person by his Order, or for his Use, from the Under Lessees, since the 2d of December 1769]; after [And it is further Ordered, That] leave out [the said Mr. Smith], and insert [Thomas Smith, Leonard Hartley, John Parke, and Ralph Parke]; after [have been so received by] leave out [him], and insert [them]; after [but in Default of the] leave out [Defendant Thomas Smiths], and insert [Defendants]; after [so received by] leave out [him], and insert [them]: And it is further Ordered, That the Order, made on the 18th of July 1771, to set down the Cross cause for further Directions, be discharged: And it is further Ordered and adjudged, That the Order of the 17th of December 1771, made in the Cross Cause, be reversed, but without Prejudice to the Respondents renewing the Applications made by them to the Court of Chancery upon the 25th of April 1771, and in last Trinity Term, or any other Application of the like Tendency.
E. Sandwich and L. Hinchinbrooks Estate Bill.
The Earl of Marchmont reported from the Lords Committees, to whom the Bill, intituled, An Act to enable the Right Honourable John Earl of Sandwich, and the Honourable John Montague, commonly called Lord Viscount Hinchinbrook, and the Survivor of them, to grant Leases of the Countess of Sandwichs Moiety of Estates in the Counties df Ardmagh and Limerick, in the Kingdom of Ireland, 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.
Low Toynton Enclosure Bill.
Hodie 2a vice letla est Billa, intituled, An Act for dividing and enclosing the Open Fields and Commonable Places, in the Parish, Lordship, or Liberties, of Low Toynton, in the County of Lincoln.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Carlton Moor, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing a Moor, called Carlton Moor or Common, and an Open Field, called The Town Field, in the Manor and Township of Carlton, in the Parish of Guiseley, in the Weet Riding of the County of York.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Aldermaston &c. Road Bill.
Hodie 2a vice letla est Billa, intituled, An Act for repairing and widening several Roads from Aldermaston, in the County of Berks, to Basingstoke; and from Aldermaston aforesaid to the Turnpike Road from Basingstoke to Andover, at or near Worting, and to the Turnpike Road leading to Winchester, at Popham Lane, in the County of Southampton:
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Epwell Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Open and Common Field and Commonable Lands, in the Township, Liberties, and Precincts, of Epwell, in the County of Oxford.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Harper Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Harper the Younger; 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 lead.
Hodie 1a vice lecta est Billa, intituled, An Act for veiling a Messuage, with the Appurtenances, in Lothbury, within the City of London, in Trustees, to be sold, and for purchasing another Messuage or Lands, to be settled to the like Uses.
E. Sandwich and L. Hinchinbrooks Estate Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to enable the Right Honourable John Earl of Sandwich, and the Honourable John Montagu, commonly called Lord Viscount Hinchinbrook, and the Survivor of them, to grant Leases of the Countess of Sandwichs Moiety of Estates in the Counties of Ardmogh and Limerick, in the Kingdom of Ireland.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Pechell:
To Carry down the said Bill, and desire their Concurrence thereto.
Button Enclosure Bill, the Kings Content signified to it.
The Earl of Suffolk acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, An act for dividing and enclosing the feveial Commons and Waste Grounds, within the Liberty of Buxton, in the Parish of Bakewell and County of Derby; was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.
Sandford Enclosure Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common and Waste Grounds and Stinted Pasture, within the Manor of Sandford in the Parish of Warcop, in the County of Westmorland, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Moorby cum Wilksby Enclosure Bill.
The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Manor of Moorby cum Wilksby, in the Townships of Moorby and Wilksby, in the County of Lincoln, was committed.
Bedford Level Company Bill.
The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act to enable the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to borrow upon Bonds further Money upon Account of the Middle and South Levels, Part of the said Great Level; and for establishing a further certain Fund for Payment of the Bonds of the said Corporation out of the said Middle and South Levels, 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.
Ruckers Nat. Bill.
The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Conrad Rucker, was committed.
Macartneys Exemplification Bill.
A Message was brought from the House of Commons, by Mr. Lowndes and others:
With a Bill, intituled, An Act for making the Exemplification of the last Will and Testament of James Macartney Esquire deceased, Evidence in all the Courts of Law and Equity in Great Britain and Ireland; to which they desire the Concurrence of this House.
Shrewsbury, Budge, &c. Bill.
A Message was brought from the House of Commons, by the Lord Clive and others:
With a Bill, intituled, An Act to amend an Act, of the Sixth Year of the Reign of His present Majesty, for repairing and widening the Stone Bridge in the Town of Shrewsbury; and for appropriating Part of the Tolls collected upon certain Roads leading to the said Bridge, towards finishing the same; and for granting additional Terms to the several Acts for repairing the said Roads; to which they desire the Concurrence of this House.
The said Two Bills were,severally, read the First Time.
City of Norwich to Scole Bridge Road Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act for repairing and widening the Road from the City of Norwich to Scole Bridge, in the County of Norfolk.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Rushton James Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds within the Manor of Rushton James, in the Parish of Leck, in the County of Stafford.
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.
A Message was 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.
L. Milton against Edgworth et al. Pleadings proved.
The House being informed, That attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause depending in this House, wherein the Right Honourable Joseph Lord Milton is Appellant, and Moore Edgworth and others are Respondents:
He was called in; and delivered the same at the Bar, and attested upon Oath, They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.
And then he withdrew.
Jones s Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for granting to William Jones Esquire, on certain Contingencies therein mentioned, a Term for Ninety-nine Tears, if he shall so long live, in the Real Estates late of William Jones Esquire deceased, in the several Counties of Wilts and Berks, upon such Terms as are therein mentioned, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum nonum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus
Die Jovis, 19o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Manton Enclosure Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common Fields, within the Parish of Manton, in the County of Rutland, 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.
Buxton Enclosure Bill.
The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds within the Liberty of Buxton, in the Parish of Bakewell, and County of Derby, was committed.
Shrewsbury Bridge, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to amend an Act, of the Sixth Year of the Reign of His present Majesty, for repairing and widening the Stone Bridge, in the Town of Shrewsbury, and for appropriating Part of the Tolls collected upon certain Roads leading to the said, Bridge, towards finishing the same; and for granting additional Terms to the several Acts for repairing the said Roads.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any, Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Ruckers Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Conrad Rurker.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Moorby and Wilksby Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Manor of Moorby cum Wilksby, in the Townships of Moorby and Wilksby, in the County of Lincoln.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Bedford Level Company Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to enable the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to borrow, upon Bonds, further Money upon Account of the Middle and South Levels, Part of the said Great Level; and for establishing a further certain Fund, for Payment of the Bonds of the said Corporation, out of the said Middle and South Levels.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Sandford Encosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Waste Grounds, and Srinted Pasture, within the Manor of Sandford, in the Parish of Warcop, in the County of Westmorland.
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 Four preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Anguish:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Gladwin et al Leave for a Bill:
After reading and considering the Report of the judges, to whom was referred the Petition of Henry Gladwin Esquire and others; 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 1a vice lecta est Billa, intituled, An Act to enable the Governors and Assistants to the said Governors, in the Rule and Government of the Possessions, Revenues, and Goods, of the Free Grammar School of Elizabeth Queen of England, in the Town of Asheburne, in the County of Derby, in their Corporate Capacity, and the said Governors and Assistants, as Trustees of Six Alms Houses in Asheburne aforesaid, founded and endowed by Christopher Pegg Esquire deceased, to convey certain Lands and Possessions or the said School and Alms Houses respectively, in the Parishes of Wingerworth and Ishover, in the said County, to Henry Gladwin of Wingerworth in the said County, Esquire, in Exchange for other Lands, in the Parish of Brailsford in the said County, of greater Value, to be conveyed to and held by them respectively to the Uses and upon the Trusts therein mentioned.
Wilson et Ux. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of George Wilson Esquire and Ann Sybelle his Wife; 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 1a vice lecta est Billa, intituled, An Act for annulling and making void certain Articles of Agreement made previous and in order to the Marriage of George Wilson Esquire and Ann Sybelle his now Wife, and the Settlement made after their Marriage, in pursuance of the said Articles, in Confirmation of a Decree and Order of the High Court of Chancery.
Danvers et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Daniel Danvers and others; 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 1a vice lecta est Billa, intituled, An Act for empowering and enabling the Trustees named in the Settlement made on the Marriage of Daniel Danvers Esquire and Mary his Wife, or the Survivors or Survivor of them, or the Heirs of such Survivor, to make Sale of certain Leasehold Estates, vested in them upon divers Trusts mentioned in the said Settlement, and to lay out the Money arising from such Sale in the Purchase of ether Estates, to be settled in such Manner as the said Leasehold Estates stand settled.
Parkhill against Chalmers et al.
The House being informed, That Robert Chalmers and others Respondents to the Appeal of Captain David Parkhill of Craiglockhart, 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 James Stormonth Writer in Edinburgh, 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.
Sellons Nat. Bill.
Henry Francis Sellon took the Oaths in order to his Naturalization.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Henry Francis Sellon.
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.
Deeds and Wills of Papists, Bill.
The House (according to Order) was adjourned, during Pleasure, and put into a Committee upon the Bill, intituled, An Act for allowing further Time for Enrollment cf Deeds and Wills made by Papists,and for Relief of Protestant Purchasers.
After some Time the House was resumed:
And the Earl of Denbigh reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Perrott Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act for vesting a Message called Highfield House, and divers Lands, with the Appurtenances, in the County of Gloucester, the Settled Estates of Benjamin Jason Perrott Esquire, in Trustees, to be sold and conveyed as therein mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the like Uses, which stands appointed for Tuesday the 31st Day of this instant March, be adjourned to Thursday the 2d Day of April next.
Shelleys Bill.
Ordered, That the Sitting of the Committee upon the Bill, intituled, An Act to enable Trustees, with the Consent of the Persons claiming under the Will of Edward Shelley Esquire, to cut down and sell Timber upon the Settled Estates of the said Edward Shelley, in the County of Sussex, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments to be settled to the Uses of the said Will and other Purposes, which stands appointed for Tuesday the 31st Day of this instant March, be adjourned to Thursday the sd Day of April next.
E. Home against Alcorn.
Ordered, That the Hearing of the Cause, wherein Alexander Earl of Home is Appellant, and James Alcorn is Respondent, which stands appointed for Monday the 23d Day of this instant March, be put off to Monday the 30th Day of this instant March.
E. Home against Steel and Wilson.
Ordered, That the Hearing of the Cause, wherein Alexander Earl of Home is Appellant, and Janet Steel and William Wilson are Respondents, which stands appointed for Monday the 23d Day of this instant March, be put off to Monday the 30th Day of this instant March.
E. Home against Wilson et e contra.
Ordered, That the Hearing of the Cause, wherein Alexander Earl of Home is Appellant, and William Wilson Writer to the Signet, et e contra is Respondent, which stands appointed for Monday the 23d Day of this instant March, be put off to Monday the 30th Day of this instant March.
Joness Bill.
The House being moved, That the Bill, intituled, An Act for granting to William Jones Esquire, on certain Contingencies therein mentioned, a Term for Ninety-nine Years, if he shall so long live, in the Real Estates late of William Jones Esquire deceased, in the several Counties of Wilts and Berks upon such Terms as are therein mentioned, might be now read a Third Time:
The said Bill was accordingly read the Third Time.
And an Amendment was proposed to be made to the said Bill, in Press 23. L. 17. by leaving out the Words [and Born].
And the said Amendment, being read Three Times by the Clerk, was agreed to by the House: Then
The Question was put, Whether this Bill, thus amended, shall pass?
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Colliers Divorce Bill:
The Order of the Day being read for the Second Reading of the Bill, intituled, An Act to dislolve the Marriage of George Collier Esquire with Christiana Gwyn 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:
Counsel were accordingly called in:
And Mr. Maddox appearing as Counsel for the Bill but no Counsel appearing against it:
Mr. John Smith was called in; and, being sworn, acquainted the House, That he personally served Mrs. Collier with the Order for the Second Reading of the Bill; and also delivered to her, at the same Time, a true Copy of the Bill.
He was directed to withdraw.
Then the said Bill was read a Second Time.
Then Mr. Maddox was heard in Support of the Bill; and to make out the Allegations thereof, and in order to prove the Marriage, called William Hardy, who, being sworn, produced an Extract from the Register of Marriages of the Parish of Saint James Westminster, and declaring, That the same was a true Copy, he having examined it with the Original: The same was read, whereby it appeared that the said Mr. Collier was married to Christiana Gwyn at Saint Jamess Churchy on the 3d of September 1763.
He was directed to withdraw.
Then Frances Pococke was called in; and, being sworn, acquainted the House, That the knows Mr. and Mrs. Collier, that the lived as Servant with Mrs. Quarter in Litchfield Street; that he knows Captain Norris; that he and Mrs. Collier lodged at Mrs Quarters in September 1770; that Mr. Collier never was there while the lived there; that they lodged there about Five Weeks; that one Night in December 1771 the followed Captain Norris and Mrs. Collier up Stairs, and, peeping through the Key Hole, saw Mrs. Collier get into Bed and Captain Norris go to Bed to her, and that the then saw them in Bed together; that the Curtains being open me could see them very plain; and that Mrs. Collier, during her lodging there) went by the Name of Norris.
She was directed to withdraw.
Then Jane Christie was called in; and, being sworn, acquainted the House, That the lived as a Servant with the said Mrs. Quaker; that she knows Mrs. Collier and Captain Norris; that in August last Mrs. Collier came there to take Lodgings; that the was present at her taking them; that Mrs. Collier took them for her and her Husband, who the said was coming; that Two or Three Days after Captain Norris came and staid there above a Fortnight; that the, the Witness, was constantly in the House, and never saw Mr. Collier there; that Captain Norris, when he came, asked for Mrs. Norris; that he lived there Night and Day; that they lodged upon the First Floor, on which were Two Rooms, one of which was a Bed Room, and that Captain Norris lay in Mrs. Colliers Apartment; that the never saw them in Bed together; that the left them at Mrs. Quarters; that the has seen Captain Norris and Mrs. Collier sitting on the same Chair and kissing one another; that One horning, about Ten Clock, a Person wanting to speak to Captain Norris about some Cloth, the went up into the Dining Room, and, knocking at the Bed Chamber Door, Captain Norris came out of it to her in his Night Gown, without any Stockings, and his Night Cap on, and spoke to her, and then returned into the Bed Chamber; that Mrs. Collier and Captain Norris generally got up about Eleven oClock; when the Footman was out, the Used to deliver Messages to Captain Norris in a Morning, who Answered her out of Mis. Colliers Bed Room; that they lived together as Man and Wife; that me has seen Mrs. Collier with her Arms round Captain Norriss Neck; that what the swears, is to August last; that one Day a Person called there, asked for Mrs. Collier and told her, the Witness, that the was Captain Colliers Wife, and that upon her mentioning this, the was turned away.
She was directed to withdraw.
Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in; and, being sworn, produced the Original Definitive Sentence of Divorce obtained in the said Court against the said Mrs. Collier for Adultery.
He was directed to withdraw.
Then Frances Pocock was again called in; and being asked, When it was that the saw Captain Norris and Mrs. Collier in Bed together? said, It was December last, about One or Two oClock in the Morning; that her Reason for watching Mrs. Collier was, the the Witness, being ordered to go to Bed at Ten oClock that Night, the suspected somebody was coming Home with Mrs. Collier; that the, the Witness, went to live with Mrs. Squatter on the First Thursday in December, and continued there Five Weeks; that having cut her Hand, the was obliged to leave her Place; that it was not discovered in the Family that the had peeped through the Key Hole.
She was directed to withdraw.
Then Mr. Maddox, Counsel for the Bill, acquainted the House, That there were Two other Witnesses (videlicet), Sarah Rood and Mary Staines, who could prove Mrs. Colliers having committed Adultery with One Mr. Molloy, but that they refused to attend, without being paid a most extravagant Price, though served Twice with the Order of this House for their Attendance.
And thereupon, William Hardy was again called in; and proved the Service of the said Order.
The Counsel was directed to withdraw.
Ordered, That the further Proceeding on this Bill be put off to Tuesday next, and that the Lords be summoned.
Two Witnesse sto attend.
Ordered, That Sarah Rood and Mary Staines do attend this House on Tuesday next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 20o Martii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
L. Bathusts Estate Bill.
The Earl of Marchmont reported from the Lords Committees, to whom the Bill, intituled, An Act for Sale of a Capital Freehold Messuage in Saint Jamess Square, in the County of Middlesex, Part of the Entailed Estate of the Right Honourable Allen Lord Bathurst, unto Sir Watkin Williams Wynne Baronet, pursuant to an Agreement; and for settling an Estate, in the County of Northampton, of greater Value in Lieu thereof, 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.
Shrewsbury Bridge &c. Bill.
The Earl of Westmorland reported from the Lords Committees, to whom the Bill, intituled, An Act to amend an Act, of the Sixth Year of the Reign of His present Majesty, for repairing and widening the Stone Bridge in the Town of Shrewsbury, and for appropriating Part of the Tolls, collected upon certain Roads leading to the said bridge, towards finishing the same; and for granting additional Terms to the several Acts for repairing the said Roads, 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.
Low Toynton Enclosure Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields and Commonable Places in the Parish, Lordship, or Liberties, of Low Toynton, 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.
Sellons Nat. Bill.
The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Henry Francis Sellon, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Ordered, That the said Bill be engrossed.
Wilsons Bill:
Hodie 2a vice lecta est Billa, intituled, An Act for annulling and making void certain Articles of Agreement, made previous and in order to the Marriage of George Wilson Esquire and Anne Sybelle his now Wife, and the Settlement made after their Marriage, in pursuance of the said Articles, in Confirmation of a Decree and Order of the High Court of Chancery.
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 the 6th, Day of April next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Motion for Shortening the Committee on it.
The House was moved, That the Standing Order, requiring Fourteen Days Notice to be given or the Meeting of Committees upon Private Bills, may be so far dispensed with, as that the Committee, to whom the last mentioned Bill stands committed, may proceed in the said Bill on an earlier Day than is appointed, Mr. Wilson being very ill:
Whereupon, Mr. John Stafford was called in; and, being sworn, acquainted the House, That Mr. Wilson has been ill for some Time; that he saw him Yesterday; that he was then in a very dangerous Way, and he thinks he cannot live many Days.
He was directed to withdraw.
Ordered, That the said Motion be taken into Consideration on Monday next, and the Lords summoned.
The House being informed, That Mr. Rows from the Treasury attended:
Report of Forfeited Estates in Scotland; Accounts of Corn and Grain exported; and of Ships employed in the Whale Fishery, delivered.
He was called in; and delivered at the Bar, pursuant to Acts of Parliament.
Report of Commissioners and Trustees, for managing the annexed Forfeited Estates in Scotland, to the Lords Commissioners of His Majestys Treasury, which, by an Act of the 25th Year of His late Majestys Reign, is directed to be laid before both Houses of Parliament:
Also, An Account of all Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, that have, before the 13th of November 1771, been exported from Scotland to any Place whatsoever, by virtue of in pursuance of any of the Liberties or Powers given or granted for that Purpose by the Act 11th of His present Majesty:
And also, An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Daviss Streights and the Greenland Seas, with their respectiVe Names and Burthens, from whence they were sitted out, and at what Port they were discharged; and also what Quantity of Oil and Whale Fins each Ship has imported from the 10th October 1770, to the 10th of October 1771.
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Report and Accounts do lie on the Table.
Governors of Asheburne School to exchange Lands with Mr. Gladwin, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to enable the Governors, and Assistants to the said: Governors, in the Rule and Government of the Possessions, Revenues, and Goods, of the Free Grammar School of Elizabeth Queen of England, in the Town of Ashburne, in the County of Derby, in their Corporate Capacity, and the said Governors and Assistants, as Trustees of Six Alms Houses in Asheburne aforesaid, founded and endowed by Christopher Pegg Esquire deceased, to convey certain Lands and Possessions of the said School and Alms Houses respectively, in the Parishes of Wingerworth and Ashover in the said County, to Henry Gladwin of Wingerworth in the said County, Esquire, in Exchange for other Lands in the Parish of Brailsford in the said County, of greater Value, to be conveyed to and held by them respectively, to the Uses and upon the Trusts therein mentioned.
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 the 6th Day of April next, at the usual Time and Place; and to adjourn as they please.
Bousquet, for a Nat. Bill.
Upon reading the Petition of John Bousquet, praying Leave to bring in a Bill for his Naturalization:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, The Lord Boston presented to the House, a Bill, intituled, An Act for naturalizing John Bousquet.
The said Bill was read the First Time.
Deeds and Wills of Papists, Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers.
The Question was put, Whether this Bill shall pass?
It was, resolved in the Affirmative.
Buxton Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Commons and Waste Grounds, within the Liberty of Buxton, in the Parish of Bakewett and County of Derby.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Manton Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, within the Parish of Manton, in the County of Rutland.
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 Three preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Anguish:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
L. Bathursts Estate Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for Sale of a Capital Freehold Messuage in Saint Jamess Square, in the County of Middlesex, Part of the Entailed Estate of the Right Honourable Allen Lord Bathurst, unto Sir Watkin Williams Wynne Baronet, pursuant to an Agreement; and for settling an Estate, in the County of Northampton, of greater Value, in Lieu 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 the former Messengers:
To carry down the said Bill, and desire their Concurrence thereto.
Causes put off.
Ordered, That the Hearing of the Cause, wherein John Dunbar late of London Merchant is Appellant, and William Lem and Ann his Wife are Respondents, which stands appointed for Monday next, be put off to Tuesday next; and that the Reft of the Causes on Cause Days be removed in Course.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum tertium diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.