Journal of the House of Lords Volume 34, 1774-1776. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 34: March 1776, 21-31', in Journal of the House of Lords Volume 34, 1774-1776( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol34/pp604-627 [accessed 23 December 2024].
'House of Lords Journal Volume 34: March 1776, 21-31', in Journal of the House of Lords Volume 34, 1774-1776( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol34/pp604-627.
"House of Lords Journal Volume 34: March 1776, 21-31". Journal of the House of Lords Volume 34, 1774-1776. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol34/pp604-627.
In this section
Die Jovis, 21o Martii 1776.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
D Gordon against E. Fife et al.
After hearing Counsel further in the Cause wherein Alexander Duke of Gordon is Appellant, and James Earl Fife and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow, and that the Cause which stands for To-morrow, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.
Sir James Ibbetsons Estate Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting several detached Parts of the Settled Estates of Sir James Ibbetson Baronet, in Trustees, to be sold; and for the Application of the Money to arise by such Sale; and other Purposes therein mentioned, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Ordered, That the said Bill be engrossed.
Dorfington Enclosure Bill.
The Lord Cathcart 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, Pastures, and Commonable and Waste Lands, within the Manor and Parish of Dorfington, in the County of Gloucester was committed.
Clever Common, extinguishing Right of Soil. &c, Bill.
The Duke of Chandos made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for extinguishing the Right of Soil, and Right of Common, upon certain Pieces or Parcels of Common or Waste Land, in the Manor and Parish of Clewer, in the County of Berks; and for vesting the same in His Royal Highness the Duke of Gloucester, his Heirs and Assigns, upon the Conditions therein mentioned. was committed.
Little Harwood Enclosure Bill.
The Duke of Chandos made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Commons or Waste Grounds, within the Vill, Hamlet, or Township, of Little Harwood, in the Parish of Blackburn, and County of Lancaster, was committed.
Wansford Bridge &c Road Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of Two Acts, made in the Twenty-second and Twenty-ninth Years of the Reign of King George the Second, for repairing the Road from Wansford Bridge, in the County of Northampton, to the Town and Borough of Stamford, in the County of Lincoln, and from Stamford to Bourn, in the said County; and for repairing and widening the Road from the North End of the Bridge to a Gate called Scotgate, in Stamford, and from the Termination of the Turnpike Road, in the Parish of Bourn, to the Market Cross in Bourn 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.
Clithero to Salford Bridge Road Bill.
The Duke of Chandos made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for repairing and widening the Road from the Market Cross, in the Township of Clithero, to Salford Bridge, in the Town of Blackburn, in the County Palatine of Lancaster, was committed.
Hornecks Divorce Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Charles Horneck Esquire, with Sarah Keppel 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.
Eliots Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for vesting several detached Parts of the Settled Estates of Sir James Ibbetson Baronet, in Trustees, to be sold; and for the Application of the Money to arise by such Sale; and other Purposes therein mentioned.
The Question was put, Whether this Bill mall 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. Leeds and Mr. Pepys:
To carry down the said Bills, and desire their Concurrence thereto.
Militia Pay Bill.
Hodie 2a vice lecta est Billa intituled; An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-six.
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.
Goldie et al. Leave for a Bill:
After reading and considering the Report of the Judges to whom was referred the Petition of Thomas Goldie Esquire, on Behalf of himself and Amelia his Wife, 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 Sale of Part of the Estates late of John Leigh Esquire, deceased, for Payment of Mortgages and other Debts to which the said Estates are liable; and for other Purposes therein mentioned.
Alketon Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Afkerton, in the County of Oxford.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Hartwell and Stone Enclosure Bill.
A Menage was brought from the House of Commons, by Mr. Hopkins and others:
With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields in the Parishes and Liberties of Hartwell and Stone, in the County of Bucks; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Charlton Common, ascertaining the Landed Property in, and enclosing Bill.
A Message was brought from the House of Commons, by Mr. Lygon and others:
With a Bill, intituled, An Act for ascertaining the Landed Property as well of the Reverend the Dean and Chapter of the Cathedral Church of Christ and the Blessed Mary the Virgin, at Worcester, as of others situate in the Hamlet of Charlton, in the Parish of Cropthorn, in the County of Worcester; and for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the same Hamlet; to which they desire the Concurrence of this House.
Great and Little Hampton 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, and all other Commonable Land, within the Parish of Great and Little Hampton, in the County of Worcester; to which they desire the Concurrence of this House.
Tardebigg Church Bill.
A Message was brought from the House of Commons, by Mr. Lygon and others:
With a Bill, intituled, An Act for re-building the Parish Church of Tardebigg, in the Counties of Worcester and Warwick; to which they desire the Concurrence of this House.
Adjourn.
Dominus Cancellarius declaravit prfens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 22a Martii 1776.
Domini tam Spirituales quam Temporales Prsentes fuerunt:
PRAYERS.
Ross et al. against Ross.
The Answer of David Ross Esquire, to the Appeal of Elizabeth Ross Widow, and others, was this Day brought in.
D. Gordon against E. Fife et al.:
After hearing Counsel, as well on Wednesday last, as Yesterday and this Day, upon the Petition and Appeal of Alexander Duke of Gordon, complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th of August 1775; and praying, That the same might be reversed, altered, or amended, 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 Earl Fife, and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Declared, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutor bearing Date the 14th of July 1727, ought to be considered in this Cause as a final and conclusive Judgement; that the Right to which the Respondent, the Earl Fife, is now entitled was, at the Time of pronouncing the said Interlocutor, a Right of Fishing with Currachs only, within the Bounds in Question; that the Right to which the Appellant is now entitled was then the general Right of Fishery, which the Appellants Ancestor might exercise in every lawful Way; and that the upper Heritors had then no Right of Fishery whatsoever within the said Bounds: It is also hereby further Declared, That the Ground upon which alone the Interlocutor now appealed from proceeds, is a Proposition, the Truth of which must depend upon the Nature of the Rights to which it is applied, besides it leaves the Question, as to all the other Titles and Defences set up by the Appellant, open, consequently cannot warrant the general Conclusion drawn from it by the Judgement: And it is therefore Ordered and Adjudged, That the said Interlocutor now appealed from, be, and the same is hereby reversed: And it is further Ordered, That the Cause be remitted to the Court of Session, to proceed upon the Foundation of the respective Rights of the Parties ascertained and established by the said Interlocutor of the 14th of July 1727.
Alkerton En-Enclosure Kill.
The Lord Viscount Say and Sele reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Alkerton, in the County of Oxford, 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.
Bruntingthorp Enclosure Bill.
A Message was brought from the House of Commons, by Sir Cecil Wray, and others:
With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Grounds, within the Parish of Bruntingthorp, in the County of Leicester; to which they desire the Concurrence of this House.
Barton and Enclosure Bill.
A Message was brought from the House of Commons, by the Lord Cecil Wray and others:
With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Hamlets of Barton and , in the Parish of Bidford, and County of Warwick; to which they desire the Concurrence of this House.
The last-mentioned Bill was read the First Time.
Greenwich Hospital Bill.
A Message was brought from the House of Commons, by Sir Charles Hardy and others:
With a Bill, intituled, An Act for vesting certain Estates, now held in Trust for the Benefit of the Royal Hospital for Seamen at Greenwich, in the Commissioners and Governors of the said Hospital, incorporated by His Majestys Letters Patent; to which they desire the Concurrence of this House.
Boston Pilots &c. Bill.
A Message was brought from the House of Commons, by the Lord Robert Bertie and others:
With a Bill, intituled, An Act for the better Regulation and Government of the Pilots conducting Ships and Vessels into and out of the Port of Boston, in the County of Lincoln; and for affixing and setting down Mooring Posts upon the Banks or High Marshes, within or adjoining to the Haven and Harbour of the said Port; and for affixing and laying down Bridges over the Creeks upon the High Marshes, within or adjoining to the said Haven and Harbour; and for preventing Mischiefs by Fire in the said Haven and Harbour; to which they desire the Concurrence of this House.
Boston Lighing, &c. Bill.
A Message was brought from the House of Commons, by the Lord Robert Bertie, and others:
With a Bill, intituled, An Act for lighting and watching the Streets, Lanes, and other Publick Passages and Places within the Borough of Boston, in the County of Lincoln; and for removing and preventing Nuisances, Annoyances, and Obstructions therein; to which they desire the Concurrence of this House.
Hartwell and Stone Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Ad for dividing and enclosing the Open and Common Fields, in the Parishes and Liberties of Hartwell and Stone, 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 Monday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers: and to adjourn as they please.
Militia Pay Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-six.
After some Time the House was resumed:
And the Lord Viscount Dudley and Ward reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Hooper et Ux, against Kennedy.
A Petition of Thomas Hooper M. D. and Mary Wife, Appellants in a Cause depending in this House, to which Gilbert Kennedy M. D. is Respondent, was presented and read; setting forth, That this Cause stands for hearing on Friday next: That Mr. Kenyon, One of the Petitioners Counsel, is already gone out of Town on the Oxford Circuit: That, in a very few Days, and before this Cause can be heard, Mr. Skynner, another of the Petitioners Counsel, will be under a Necessity of leaving Town to proceed on the Chester Circuit, of which he is One of the Judges: That in case this Cause was to be heard in the Course it now stands, the Petitioners would be deprived of the Assistance of the Two only Counsel who were employed by them in the Cause below; and therefore praying their Lordships, That this Cause may stand Adjourn to Monday the 29th Day of April next, or such other Time as to their Lordships shall seem meet.
And thereupon the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn:
Ordered, That the Hearing of this Cause be put off to Friday the 26th Day of April next.
Taylors Patent Bill.
The Lord Viscount Say and Sele reported from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term of Letters, Patent granted by His present Majesty to Elizabeth Taylor, of the Town of Southampton, Widow, for the sole Use and Exercise of certain Engines, Tools, Instruments, and other Apparatus for making Blocks, Sheavers, and Pins, used in the Rigging of Ships, 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.
Militia Pay Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for defraying the Charge of the Pay and Cloathing. of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-six.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Alkerton Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Alkerton, in the County of Oxford.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Wansford Bridge, &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of Two Acts, made in the Twenty-second and Twenty-ninth Years of the Reign of King George the Second, for repairing the Road from Wansford Bridge, in the County of Northampton, to the Town and Borough of Stamford, in the County of Lincoln, and from Stamford to Bourn in the said County; and for repairing and widening the Road from the North End of the Bridge to a Gate called Scotgate, in Stamford, and from the Termination of the Turnpike Road in the Parish of Bourn to the Market Cross in Bourn.
The Question was put, Whether this Bill shall pass ?
It was resolved in the Affirmative.
Dorsington Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Pastures, and Commonable and Waste Lands, within the Manor and Parish of Dorsington, in the County of Gloucester.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Clewer Common, extinguishing Right of Soil, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for extinguishing the Right of Soil and Right of Common upon certain Pieces or Parcels of Common or Waste Land, in the Manor and Parish of Clewer, in the County of Berks; and for vesting the same in His Royal Highness the Duke of Gloucester, his Heirs and Assigns, upon the Conditions therein mentioned.
The Question was put, Whether this Bill shall pass ?
It was resolved in the Affirmative.
Little Harwood Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Commons or Waste Grounds within the Vill, Hamlet, or Township of Little Harwood, in the Parish of Blackburn, and bounty of Lancaster.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Clithero to Salford Bridge Road Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the Market Cross, in the Township of Clithero, to Salford Bridge, in the Town of Blackburn, in the County Palatine of Lancaster.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Taylors Patent Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for enlarging the Term of Letters Patent granted by His present Majesty to Elizabeth Taylor, of the Town of Southampton, Widow, for the sole Use and Exercise of certain Engines, Tools, Instruments, and other Apparatus for making Blocks, Sheavers, and Pins, used in the Rigging of Ships.
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 Eight preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Leeds and Mr. Pepys:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Tardebigg Church Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for re-building the Parish Church of Tardebigg, in the Counties of Worcester and Warwick.
Sir Thomas Charles Bunburys Divorce Bill.
The Lord Cathcart presented to the House (pursuant to an Order of Leave on the 18th Day of this instant March) a Bill, intituled, An Act to dissolve the Marriage of Sir Thomas Charles Bunbury Baronet, with the Right Honourable Lady Sarah Lenox his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Monday the 22d Day of April next; and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said Sir Thomas Charles Bunbury may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Lady Sarah may have a Copy of the Bill; and that Notice be given her of the said Second Reading; and that the be at Liberty to be heard by her Counsel, what the may have to Offer against the said Bill, at the same Time.
Great and Little Hampton Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land, within the Parish of Great and Little Hampton, in the County of Worcester.
Charlton Common, ascertaining the Landed Property in, and enclosing Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for ascertaining the Landed Property, as well of the Reverend the Dean and Chapter of the Cathedral Church of Christ and t]he Blessed Mary the Virgin, at Worcester, as of others situate in the Hamlet of Charlton, in the Parish of Cropthorn, in the County of Worcester; and for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the same Hamlet.
Spottiswoode to enter into a Recognizance on Taylors Appeal.
The House being moved, That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for William Taylor, of Southfield, on Account of his Appeal depending in this House, he residing in Scotland:
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Ross et al. against Ross.
The House being moved, That a Day may be appointed for hearing the Cause, wherein Elizabeth Ross Widow, and others, are Appellants, and David Ross Esquire 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.
Dominus Cancellarius declaravit prfens Parliamentum continuandum esse usque ad et in diem Lunae, vicesimum quintum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 25o Martii 1776.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Bills passed by Commission.
The Lord Chancellor acquainted the House, That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord President on his Lest, 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 Lords and commons, assembled for that Purpose; which Commission you will now hear read.
Then the said Commission was read by the Clerk, as follows:
GEORGE R.
George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our Loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), An Act to enable His Majesty to make Leases, Copies, and Grants of Offices, Lands, and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned. An Act to continue an Act, made in the last Session of Parliament, intituled, An Act to amend and render more effectual in His Majestys Dominions in America, an Act; passed in the present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters; and for extending the Provisions of the said Act to His Majestys Marine Forces in America. An Act for defraying the Charge of the Pay and Cloathing of the Militia in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-six. An Act for making perpetual so much of an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time, as relates to the Importation of Salted Beef, Pork, Ba con, and Butter, from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the free Importation of Cattle from Ireland. An Act for rectifying Mistakes in the Names of several of the Commissioners appointed by an Act, made in the last Session of Parliament, to put in Execution an Act, made in the same Session, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-five; and for appointing other Commissioners, together with those named in the first-mentioned Act, to put in Execution an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-six. An Act to continue for a further Time an Act, made in the Seventh Year of His present Majestys Reign, intituled, An Act to discontinue for a limited Time the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease. An Act for enlarging the Term of Letters Patent, granted by His present Majesty to Elizabeth Taylor of the Town of Southampton, Widow, for the sole Use and Exercise of certain Engines, Tools, Instruments, and other Apparatus for making Blocks, Sheavers, and Pins, used in the Rigging of Ships. An Act for the better securing a Fund belonging to certain Persons of the Theatre Royal in Drury Lane, applicable to charitable Uses; and for other Purposes therein mentioned. An Act for enlarging the Term and Powers granted by Three Acts of Parliament, for laying a Duty of Two Pennies Scots upon every Pint of Ale and Beer brewed and vended within the Town of Dundee, and the Liberties and Suburbs thereof, for the Purposes in the said Acts mentioned. An Act for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk. An Act for the better maintaining, regulating, and employing the Poor within the Parish of Saint George, in the County of Middlesex; and for cleansing and lighting the Squares, Streets, Lanes, Alleys, Courts, Yards, and other open Passages and Places; and for keeping and regulating a Nightly Watch within such Parts of the said Parish as are not within the Liberty of the Tower of London. An Act for building a Bridge across the River Severn, from Bentball, in the County of Salop, to the opposite Shore at Madeley Wood, in the said County; and for making proper Avenues or Roads to and from the same. An Act to amend an Act, passed in the Third Year of His late Majestys Reign, intituled, An Act for making navigable the River Stroud-water, in the County of Gloucester, from the River Severn, at or near Framiload to Wallbridge, near the Town of Stroud, in the same County; and for giving other Powers for the Purpose of making a Navigation from Framiload to Wallbridge aforesaid. An Act for continuing the Term and varying the Powers of Two Acts, passed in the Third and Seventeenth Years of His late Majesty King George the Second, for repairing the Road from that Part of Chatham which lies next to the City of Rochester, to Saint Dunstans Cross, near the City of Canterbury, in the County of Kent; and for amending and widening the Road from the present Turnpike Road at or near a Place called Makenade Corner, in the Parish of Preston, to Bagham Cross and Shalmsford Lane End, in the Parish of Chilham, in the said County. An Act for continuing the Term and enlarging the Powers of an Act, made in the Twenty-eighth Year of the Reign of His late Majesty, for widening and repairing the Road leading from Harsham, in the County of Sussex, through Capell, Dorking, Mickleham, and Leatherhead, to the Watch House in Ebbisham, in the County of Surreys and from Capell to Stone Street, in the Parish of Ockley, in the said County of Surrey. An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road, which leads from Bawtry to Retford, in the Counties of York and Nottingham. An Act for enlarging the Term and Powers of an Act, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing and widening the Road from the White Stoop near the North End of the Town of Derby, through the Towns of Duffield and Chesterfield, in the County of Derby, to the Town of Sheffield, in die County of York; and from the said Town of Duffield to the Moot Hall in the Town of Wirksworth, in the said County of Derby. An Act for enlarging the Term and Powers of Two Acts made in the Twenty-second and Twenty-ninth Years of the Reign of King George the Second, for repairing the Road from Wansford Bridge, in the County of Northampton, to the Town and Borough of Stamford, in the County of Lincoln, and from Stamford to Bourn, in the said County; and for repairing and widening the Road from the North End of the Bridge, to a Gate called Scotgate, in Stamford, and from the Termination of the Turnpike Road in the Parish. of Bourn, to the Market Cross in Bourn. An Act for repairing and widening the Road from the Market Cross in the Township of Clithero, to Salford Bridge, in the Town of Blackburn, in the County Palatine of Lancaster. An Act for vesting certain Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates devised by the Will of George Bowes Esquire, deceased), in Trustees, to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Meuuages, Lands, Tenements, or Hereditaments, to be settled to the same Uses.An Act for vesting the Advowson of the Restory of Pewsey, in the County of Wilts, (Part of the Estate comprized in the Marriage Settlement of Stephen late Lord Holland, deceased), in Trustees, and their Heirs, in Trust, to be sold; and for laying out the Money to arise thereby, in finishing and compleating a Mansion House at Winterflow, in the same County. An Act for vesting certain Leasehold Pieces of Ground in the Parish of Saint George Hanover Square, in the County of Middlesex, together with aCapital Messuage built on Part thereof, devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust, to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Confederation Money in such Manner as in the Act is mentioned. An Act to subject and charge the Prebend of Marston Saint Lawrence, in the County of Northampton, and the Lands, Tenements, and Hereditaments thereunto belonging, to and with the Payment of Two several perpetual yearly Rent Charges to Doftor Everard Buckworth, and his Successors in the said Prebend; and for divesting the Fee-Simple and Inheritance thereof out of him and his Successors, and for vesting the same, so charged, in John Blencowe Esquire, his Heirs and Assigns. An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln. An Act for exchanging certain Lands in the Parish and Liberties of Spaldwick with Upthorpe, for other Lands in the Parish of Long Stow, in the County of Huntingdon, in the Manner and for the Purposes therein mentioned. An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Aflerby and Goulceby, in the County of Lincoln. An Act for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract of Common and Waste Land, called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh otherwise Ley, in the County of Worcester. An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, Heath, and Waste Grounds, within the Parish of Duston, in the County of Northampton An Act for dividing and enclosing certain Open and Common Fields, Common Meadows, Commonable Pastures, Common Grounds, and Commonable Lands, within the Parish of Liddington, and Hamlet of Medbourn in the said Parish of Liddington, in the County of Wilts. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and Commonable Lands, within the Township, Hamlet, Precincts, or Liberties of Blackthorn, in the Parish of Ambrosden, in the County of Oxford. An Act for dividing and enclosing the Open and Common Fields, in the Parish of Desborough, in the County of Northampton. An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, Ings, and other Commonable Lands and Waste Grounds, within the Parish of Raithby near Spilsby, in the County of Lincoln. An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manor of Rushton Spencer, in the Parish of Leek, in the County of Stafford. An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Commonable Grounds, within the Township or Liberty of Sutton Saint Michaels, otherwise Sutton Bonington, commonly called Bonington End, in the County of Nottingham. An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, Commons, and Waste Grounds, within the Parish of Odel, in the County of Bedford An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Warmington, in the County of Warwick. An Act for dividing and enclosing the Common or Waste Ground, called Boreham Wood Common, in the Parish of Elstree otherwise Idlestree, in the County of Hertford. An Act for dividing and enclosing the Open Fields, Meadows, Commons, and Waste Grounds, in the Parish of Beckingham, in the County of Nottingham. An Act for enabling the Honourable George Hobart to enclose the Heath Lands, Field Lands, and Low Commons or Fen Grounds, in the Parish of Nocton, in the County of Lincoln; and for vesting the Glebe Lands, Vicarial Tithes, and Right of Common, belonging to the Vicarage of Nocton aforesaid, in the said George Hobart; and for making a Compensation to the Vicar of the said Parish, in Lieu thereof. An Act for dividing and enclosing the Open Fields, Meadows, Commons, and Waste Grounds, in the Parish of Upton, in the County of Lincoln. An Act for dividing and enclosing the several Commons and Waste Grounds within the Manor of Lea, in the Parishes of Ashover, Crich, and Southwinfield, in the County of Derby. An Act for dividing, allotting, and enclosing certain Commons and Waste Lands, called Ashwood Hay and Wall Heath, and several other Parcels of Waste Lands and Commonable Places, Part and Parcel of Ashwood Hay, situate within the Manor and Parish of Kingswinford, in the County of Stafford. An Act for extinguishing the Right of Soil and Right of Common upon certain Pieces or Parcels of Common or Waste Land, in the Manor and Parish of Clewer, in the County of Berks; and for vesting the same in His Royal Highness the Duke of Gloucester, his Heirs and Assigns, upon the Conditions therein mentioned. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Pastures, and Commonable and Waste Lands, within the Manor and Parish of Dorsington, in the County of Gloucester. An Act for dividing and enclosing the Commons or Waste Grounds, within the Vill, Hamlet, or Township of Little Harwood, in the Parish of Blackburn, and County of Lancaster An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Alkerton, in the County of Oxford. An Act to enable Francis Ferrand Moore Esquire, now called Francis Ferrand Foljambe, and his Heirs Male, to take and use the Surname and Arms of Foljambe, pursuant to the Wills of Francis Foljambe and Thomas Foljambe Esquires, deceased. An Act to enable Edward John Andrews Cockayne, and his Issue, to take and use the Surname and Arms of Frith only, pursuant to the Will of Neighbour Frith Esquire, deceased. An Act for naturalizing Charles Godfrey Wolff and John Adam Hecker. An Act for naturalizing John Liardet. An Act for naturalizing Lewis Vialctes Bastide. An Act for naturalizing John Hoffman. 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 Out 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 publicly 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 Right Well-beloved Cousin and Counsellor Henry Earl Bathurst, Our Chancellor of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor, Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousins and Counsellors, Granville Earl Gower, President of Our Council; William Earl of Dartmouth, Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; Robert Earl of Holdernesse, William Henry Earl of Rochford, Hugh Earl of Marchmont, Wills Hill Earl of Hillsborough, George Viscount Townshend, Thomas Viscount Weymouth, One other of Our Principal Secretaries of State; and Our Right Trusty and Well-beloved Counsellor William Lord Mansfield, Our Chief Justice assigned to hold Pleas before Us; 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 Twenty fifth Day of March, in the Sixteenth Year of Our Reign.
By the King Himself, signed with His own Hand.
Yorke.
Then the Lord Chancellor said,
In Obedience to His Majestys 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 to enable His Majesty to make Leases, Copies, and Grants of Offices, Lands, and Hereditaments, Parcel of the Duchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned.
2. An Act to continue an Act, made in the last Session of Parliament, intituled, An Act to amend and render more effectual, in His Majestys Dominions in America, an Act, passed in the present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters; and for extending the Provisions of the said Act to His Majestys Marine Forces in America.
3. An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and seventy-six.
4. An Act for making perpetual so much of an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act, to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter from the British Dominions in America, for a limited Time, as relates to the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the Free Importation of Cattle from Ireland.
5. An Act for rectifying Mistakes in the Names of several of the Commissioners appointed by an Act, made in the last Session of Parliament, to put in Execution an Act, made in the same Session, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-five; and for appointing other Commissioners, together with those named in the first-mentioned Act, to put in Execution an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-six.
6. An Act to continue for a further Time an Act, made in the Seventh Year of His present Majestys Reign, intituled, An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease.
7. An Act for enlarging the Term of Letters Patent, granted by His present Majesty to Elizabeth Taylor, of the Town of Southampton, Widow, for the sole Use and Exercise of certain Engines, Tools, Instruments, and other Apparatus, for making Blocks, Sheavers, and Pins, used in the Rigging of Ships.
8. An Act for the better securing a Fund belonging to certain Persons of the Theatre Royal in Drury Lane, applicable to charitable Uses; and for other Purposes therein mentioned.
9. An Act for enlarging the Term and Powers granted by Three Acts of Parliament, for laying a Duty of Two Pennies Scots upon every Pint of Ale and Beer brewed and vended within the Town of Dundee, and the Liberties and Suburbs thereof, for the Purposes in the said Acts mentioned.
10. An Act for the better Relief and Employment of the Poor, within the Hundred of Forehoe, in the County of Norfolk.
11. An Act for the better maintaining, regulating, and employing the Poor within the Parish of Saint George, in the County of Middlesex; and for cleansing and lighting the Squares, Streets, Lanes, Alleys, Courts, Yards, and other open Passages and Places; and for keeping and regulating a Nightly Watch within such Parts of the said Parish as are not within the Liberty of the Tower of London.
12. An Act for building a Bridge across the River Severn, from Benthall, in the County of Salop, to the opposite Shore at Madeley Wood, in the said County; and for making proper Avenues or Roads to and from the same.
13. An Act to amend an Act, passed in the Third Year of His late Majestys Reign, intituled, An Act for making navigable the River Stroudwater, in the County of Gloucester, from the River Severn, at or near Framiload to Wallbridge, near the Town of Stroud, in the same County; and for giving other Powers for the Purpose of making a Navigation from Framiload to Wallbridge aforesaid.
14. An Act for continuing the Term and varying the Powers of Two Acts, passed in the Third and Seventeenth Years of His late Majesty King George the Second, for repairing the Road from that Part of Chatham which lies next to the City of Rochester, to Saint Dunstans Cross, near the City of Canterbury, in the County of Kent; and for amending and widening the Road from the present Turnpike Road, at or near a Place called Makenade Corner, in the Parish of Preston, to Bagham Cross and Shalmsford Lane End, in the Parish of Chilham, in the said County.
15. An Act for continuing the Term, and enlarging the Powers of an Act, made in the Twenty-eighth Year of the Reign of His late Majesty, for widening and repairing the Road leading from Horsham, in the County of Sussex, through Capell, Dorking, Mickleham, and Leatherhead, to the Watch House in Ebbisham, in the County of Surrey, and from Capell to Stone Street, in the Parish of Ockley in the said County of Surrey.
16. An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road which leads from Bawtry to Retford, in the Counties of York and Nottingham.
17. An Act for enlarging the Term and Powers of an Act, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing and widening the Road from the White Stoop near the North End of the Town of Derby, through the Towns of Duffield and Chesterfield, in the County of Derby, to the Town of Sheffield in the County of York; and from the said Town of Duffield to the Moot Hall in the Town of Wirksworth, in the said County of Derby.
18. An Act for enlarging the Term and Powers of Two Acts, made in the Twenty-second and Twenty-ninth Years of the Reign of King George the Second, for repairing the Road from Wansford Bridge, in the County of Northampton, to the Town and Borough of Stamford, in the County of Lincoln, and from Stamford to Bourn, in the said County; and for repairing and widening the Road from the North End of the Bridge to a Gate called Scotgate, in Stamford, and from the Termination of the Turnpike Road in the Parish of Bourn to the Market Cross in Bourn.
19. An Act for repairing and widening the Road from the Market Cross, in the Township of Clithero, to Salford Bridge, in the Town of Blackburn, in the County Palatine of Lancaster.
To these Bills the Royal Assent was pronounced, by the Clerk Assistant, severally, in these Words; (videlicet),
Le Roy le veult.
20. An Act for vesting certain Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates devised by the Will of George Bowes Esquire, deceased), in Trustees, to be sold or exchanged; and for laying out the Money to arise thereby in the Purchase of other Messuages, Lands, Tenements, or Hereditaments, to be settled to the same Uses.
21. An Act for vesting the Advowson of the Rectory of Pewsey, in the County of Wilts, (Part of the Estate comprized in the Marriage Settlement of Stephen late Lord Holland, deceased), in Trustees, and their Heirs, in Trust, to be sold; and for laying out the Money to arise thereby in finishing and compleating a Mansion House, at Winterslow, in the same County.
22. An Act for vesting certain Leasehold Pieces of Ground, in the Parish of Saint George Hanover Square, in the County of Middlesex, together with a capital Messuage, built on Part thereof, devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust, to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Consideration Money in such Manner as in the Act is mentioned.
23. An Act to subject and charge the Prebend of Marston Saint Lawrence, in the County of Northampton, and the Lands, Tenements, and Hereditaments, thereunto belonging, to and with the Payment of Two several perpetual Yearly Rent Charges to Doctor Everard Buckworth, and his Successors in the said Prebend; and for divesting the Fee-Simple and Inheritance thereof out of him and his Successors; and for vesting the same so charged in John Blencowe Esquire, his Heirs and Assigns.
24. An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln.
25. An Act for exchanging certain Lands in the Parish and Liberties of Spaldwick with Upthorpe, for other Lands in the Parish of Long Stow, in the County of Huntingdon, in the Manner, and for the Purposes therein mentioned.
26. An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Asterby and Goulceby, in the County of Lincoln.
27. An Act for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract of Common and Waste Land called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh, otherwise Ley, in the County of Worcester.
28. An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, Heath, and Waste Grounds, within the Parish of Duston, in the County of Northampton.
29. An Act for dividing and enclosing certain Open and Common Fields, Common Meadows, Commonable Pastures Common Grounds, and Commonable Lands, within the Parish of Liddington, and Hamlet of Medbourn, in the said Parish of Liddington, in the County of Wilts.
30. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and Commonable Lands, within the Township, Hamlet, Precincts, or Liberties, of Blackthorn, in the Parish of Ambrosden, in the County of Oxford.
31. An Act for dividing and enclosing the Open and Common Fields, in the Parish of Desborough, in the County of Northampton.
32. An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, Ings, and other Commonable Lands and Waste Grounds, within the Parish of Raithby near Spilsby, in the County of Lincoln.
33. An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manor of Rushton Spencer, in the Parish of Leek, in the County of Stafford.
34. An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Commonable Grounds, within the Township or Liberty of Sutton Saint Michaels otherwise Sutton Bonington, commonly called Bonington End, in the County of Nottingham.
35. An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, Commons, and Waste Grounds, within the Parish of Odel, in the County of Bedford.
36. An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Warmington, in the County of Warwick.
37. An Act for dividing and enclosing the Common or Waste Ground, called Boreham Wood Common, in the Parish of Elstree otherwise Idlestree, in the County of Hertford.
38. An Act for dividing and enclosing the Open Fields, Meadows, Commons, and Waste Grounds, in the Parish of Beckingham, in the County of Nottingham.
39. An Act for enabling the Honourable George Hobart to enclose the Heath Lands, Field Lands, and Low Commons or Fen Grounds, in the Parish of Nocton, in the County of Lincoln; and for vesting the Glebe Lands, Vicarial Tithes, and Right of Common, belonging to the Vicarage of Nocton aforesaid, in the said George Hobart; and for making a Compensation to the Vicar of the said Parish in Lieu thereof.
40. An Act for dividing and enclosing the Open Fields, Meadows, Commons, and Waste Grounds, in the Parish of Upton, in the County of Lincoln,
41. An Act for dividing and enclosing the several Commons and Waste Grounds within the Manor of Lea, in the Parishes of Ashover, Crich and Southwinfield, in the County of Derby.
42. An Act for dividing, allotting, and enclosing, certain Commons and Waste Lands called Ashwood Hay and Wall Heath, and several other Parcels of Waste Lands and Commonable Places, Part and Parcel of Ashwood Hay, situate within the Manor and Parish of Kingswinford, in the County of Stafford.
43. An Act for extinguishing the Right of Soil and Right of Common upon certain Pieces or Parcels of Common or Waste Land, in the Manor and Parish of Clewer, in the County of Berks; and for vesting the same in His Royal Highness the Duke of Gloucester, his Heirs and Assigns, upon the Conditions therein mentioned.
44. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Pastures, and Commonable and Waste Lands, within the Manor and Parish of Dorsington, in the County of Gloucester.
45. An Act for dividing and enclosing the Commons or Waste Grounds within the Vill, Hamlet, or Township, of Little Harwood, in the Parish of Blackburn, and County of Lancaster.
46. An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds, lying within the Parish and Liberties of Alkerton, in the County of Oxford.
47. An Act to enable Francis Ferrand Moore Esquire, now called Francis Ferrand Foljambe, and his Heirs Male, to take and use the Surname and Arms of Foljambe, pursuant to the Wills of Francis Foljambe and Thomas Foljambe, Esquires, deceased.
48. An Act to enable Edward John Andrews Cockayne, and his Issue, to take and, use the Surname and Arms of Frith only, pursuant to the Will of Neighbour Frith, Esquire, deceased.
49. An Act for naturalizing Charles Godfrey Wolff and John Adam Hecker.
50. An Act for naturalizing John Liardet.
51. An Act for naturalizing Lewis Vialetes Bastide.
52. An Act for naturalizing John Hoffman.
To these Bills the Royal Assent was pronounced by the Clerk Assistant, severally, in these Words; (videlicet),
Soit fait comme il est desire.
Then the Commons withdrew.
The House was adjourned during Pleasure.
The House was resumed.
Owens Bill
The Lord Hyde reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting Part of the Estates devised by the Will of Sarah Owen Spinster, deceased, in the Counties of Salop and Montgomery, in Trustees, to be sold; and for laying out the Money arising by such Sale in the Purchase of other Messuages, Lands, and Hereditaments, to be settled in lieu thereof, to the like Uses, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Ordered, That the said Bill be engrassed.
Hartwell and Stone Enclosure Bill.
The Lord Hyde made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, in the Parishes and Liberties of Hartwell and Stone, in the County of Bucks, was committed.
North Hinksey Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of North Hinksey, otherwise Ferry Hinksey, in the County of Berks.
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.
Brougham Enclosure Bill
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Common, and Waste Grounds, within the Parish of Brougham, 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 the same Day, at the same Place; and to adjourn as they please.
Barton and Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Hamlets of Barton and , in the Parish of Bidford, and County of Warwick.
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.
Tardebigg Church Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for re-building the Parish Church of Tardebigg, in the Counties of Worcester and Warwick
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.
Great and Little Hampton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land, within the Parish of Great and Little Hampton, 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 the same Day, at the same Place; and to adjourn as they please.
Charlton Common, ascertaining the Landed Property in, and enclosing Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for ascertaining the Landed Property as well of the Reverend the Dean and Chapter of the Cathedral Church of Christ and the Blessed Mary the Virgin, at Worcester, as of others situate in the Hamlet of Charlton, in the Parish of Cropthorn, in the County of Worcester; and for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the same Hamlet.
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.
Bruntingthorp Enclosure Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Grounds, within the Parish of Bruntingthorp, in the County of Leicester.
Greenwich Hospital Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for vesting certain Estates, now held in Trust for the Benefit of the Royal Hospital for Seamen at Greenwich, in the Commissioners and Governors of the said Hospital, incorporated by His Majestys Letters Patent.
Boston Pilots, &c Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for the better Regulation and Government of the Pilots conducting Ships and Vessels into and out of the Port of Boston, in the County of Lincoln; and for affixing and setting down Mooring Posts upon the Banks or High Marshes within or adjoining to the Haven and Harbour of the said Port; and for affixing and laying down Bridges over the Creeks upon the High Marshes within or adjoining to the said Haven and Harbour; and for preventing Mischiefs by Fire in the said Haven and Harbour.
Boston Lighting, &c. Bill.
Hodie 1a vice lecta est Billa, intituled, An Act for Lighting and Watching the Streets, Lanes, and other Publick Passages and Places, within the Borough of Boston, in the County of Lincoln; and for removing and preventing Nuisances, Annoyances, and Obstructions therein.
Campbell and Co. against Shepherd et al. et e con.; Hearing put off to next Session.
Upon reading the Petition of Messieurs Campbell, Robertson, and Company, Appellants in a Cause depending in this House, and of William Shepherd and others, Respondents thereto, et e contra, which stands appointed for hearing; setting forth, That this Appeal was presented only on the 6th of February last, and the Extract of the Decree not being yet transmitted from Scotland, the Parties in this Cause are under the Necessity of requesting their Lordships to postpone the Hearing till after the ensuing Recess at Easter. And therefore praying their Lordships, to postpone the Hearing of this Cause till such Day after the Recess at Easter, as to their Lordships shall seem proper:
It is Ordered, That the Hearing of this Cause be put off till the next Session of Parliament.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii,27o Martii 1776.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Ross against Ross.
The Answer of Munro Ross of Pitcalny, Esquire, to the Cross Appeal of John Lockhart Ross Esquire, was
this Day brought in.
E Selkirk against Douglas et al.
Counsel (according to Order) were called in, to be heard in the Cause, wherein Dunbar Earl of Selkirk, is Appellant, and Archibald Douglas Esquire, and others, are Respondents; being an Appeal from Two Interlocutors of the Lords of Session in Scotland, of the 9th of December 1762, and 19th of July 1769.
Mr. Solicitor General was heard for the Appellant.
Mr. Crosbie was also heard for the Appellant.
The Counsel were directed to withdraw.
Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at Two oClock.
Elliot et al. against Wilson & Co.
Upon reading the Petition and Appeal of Alexander Elliot, James Coulter, Robert Carrick, Andrew Dunlop, and Henry Ritchie, all Merchants, in Glasgow, complaining of Three Interlocutors of the Judge Admiral in Scotland, of the 6th of January, 14th of February, and 7th of April 1775; and also of Two Interlocutors of the Lords of Session there, of the 23d of January and 7th of March 1776; and praying, That the same may be reversed, varied, or altered, 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 William Wilson and Company may be required to answer the said Appeal:
It is Ordered, That the said William Wilson and Company may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 24th Day of April next; and Service of this Order upon the said Respondents, or upon their known Agent or Counsel, in the Court of Session in Scotland, shall be deemed good Service.
Charlton Common, ascertaining the Landed Property in, and enclosing, Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for ascertaining the Landed Property as well of the Reverend the Dean and Chapter of the Cathedral Church of Christ and the Blessed Mary the Virgin, at Worcester, as of others situate in the Hamlet of Charlton, in the Parish of Cropthorn, in the County of Worcester; and for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the same Hamlet, 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.
Buton and Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act: for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Hamlets of Barton and , in the Parish of Bidford, and County of Warwick; was committed.
Great and Little Hampton Enclosure Bill.
The Lord Scarsdale made the like Report from the Great Lords Committees, to whom the Bill, intituled, An Act: for dividing and enclosing the Open and Common Fields, and all other Commonable Land, within the Parish of Great and Little Hampton, in the County of Worcester; was committed.
North Hinksey Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing, allotting, and enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of North Hinksey, otherwise Ferry Hinksey, in the County of Berks, was committed.
Brougham Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing a certain Common, and Waste Grounds, within the Parish of Brougham, in the County of Westmorland, was committed.
Tardebigg Church Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, An Act for re-building the Parish Church of Tardebigg, in the Counties of Worcester and Warwick 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.
Chevalier for a Nat. Bill:
Upon reading the Petition of Marie Magdelaine Chevalier, praying Leave to bring in a Bill for her 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 Scarsdale presented to the House a Bill, intituled, An Act for naturalizing Marie Magdelaine Chevalier.
The said Bill was read the First Time.
Jackson against Hogan, in Error.
The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein Rowland Jackson is Plaintiff, and John Hogan is Defendant.
Owens Bill.
Hodie 3a, vice lecta est Billa, intituled,An Act for vesting Part of the Estates devised by the Will of Sarah Owen Spinster, deceased, in the Counties of Salop and Montgomery, in Trustees, to be sold; and for laying out the Money arising by such Sale in the Purchase of other Messuages, Lands, and Hereditaments, to be settled in lieu thereof to the like Uses.
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. Hat:
To carry down the said Bill, and desire their Concurrence thereto.
Hartwell and Stone Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, in the parishes and Liberties of Hartwell and Stone, 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 it.
A Message was sent to the House of Commons, by the former Messengers.
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Greenwich Hospital Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for vesting certain Estates, now held in Trust for the Benefit of the Royal Hospital for Seamen at Greenwich, in the Commissioners and Governors of the said Hospital, incorporated by His Majestys Letters Patent.
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.
America, Licences for exporting Provisions, &c. To, to be laid before the House.
Ordered, That the Commissioners of the Customs do lay before this House, True Copies of all Licences granted by the Lords Commissioners of the Admiralty, for exporting Provisions or other Things to America, which have been presented at the Custom House, since the passing of an Act, intituled, An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three Lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion, within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, to discontinue the landing and discharging, lading or shipping of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston, in the Province of Massachusetts Bay; and also Two Acts, made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable any Person or Persons appointed and authorized by His Majesty to grant Pardons, to issue Proclamations in the Cases, and for the Purposes therein mentioned.
And also, True Copies of all Entries, which have been made by virtue of such Licences.
Leighs Bill.
Hodie 2a, vice lecta est Billa, intituled, An Act for Sale of Part of the Estates late of John Leigh Esquire, deceased, for Payment of Mortgages, and other Debts, to which the said Estates are liable; and for other 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 Thursday the 11th 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.
Bruntingthorp Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Grounds, within the Parish of Bruntingthorp, in the County of Leicester.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Boston Lighting, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for lighting and watching the Streets, Lanes, and other Publick Passages and Places, within the Borough of Boston, in the County of Lincoln; and for removing and preventing Nuisances, Annoyances, and Obstructions therein.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Boston Pilots, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for the better Regulation and Government of the Pilots conducting Ships and Vessels into and out of the Port of Boston, in the County of Lincoln; and for affixing and setting-down Mooring Polls, upon the Banks or High Marshes within or adjoining to the Haven and Harbour of the said Port; and for affixing and laying down Bridges over the Creeks upon the High Marshes, within or adjoining to the said Haven and Harbour; and for preventing Mischiefs by Fire, in the said Haven and Harbour.
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.
Lincoln Heath, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing and widening the Roads leading from the East Side of Lincoln Heath to the City of Peterborough, and from the East End of Marham Lane to the Town of Walton, in the County of Northampton, and from the Town of Bourn to the Town of Colsterworth and from Donnington High Bridge to the Cross Post in the Parish of Hacconby, and from the East End of a Lane, called Hale Drove, to and through the Town of Old Sleaford to the End of Long Hedge, in the Parish of Quarrington, 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.
Ross against Ross, et e con
Upon reading the Petition of Munro Ross of Pitcalny Esquire, Appellant in a Cause depending in this House, and of Captain John Lockhart Ross, Respondent thereto, et e contra, which stands appointed for Hearing, setting forth, That this Cause respects the Succession of a very considerable Estate; the Litigation in the Court of Session has continued for several Years, and the Pleadings and Proceedings are very bulky: That both Parties, in the Hopes that this Cause will be decided by their Lordships in the present Session, have been at the Expence of bringing their respective Counsel and Agents from Scotland to attend their Lordships Determination, and are anxious that a special Day should be fixed in the present Session for that Purpose; and the Petitioners beg Leave to suggest, that if this Cause is delayed till the beginning of next Session, it will lay the- Parties under irreparable Hardships, as the Court in Scotland will at that Time be sitting, and it will be impossible for their Counsel and Agents to leave their Practice in that Court; and therefore praying their Lordships, That this Cause may be appointed to be heard on the 25th or 30th Day of April next, as may be most agreeable to their Lordships:
It is Ordered, That this House will hear the said Cause, by Counsel at the Bay, on Tuesday the 30th Day of April next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 28o Martii 1776.
Domini tam Spirituales quam Temporale, prsentes, fuerunt:
PRAYERS.
Rogers against Bp. Lincoln.
The Answer of the Right Reverend John Lord Bishop of Lincoln to the Appeal of Samuel Rogers Clerk, was this Day brought in.
Stourbridge &c. Canal Bill.
A Message was brought from the House of Commons, by Sir William Bagot and others:
With a Bill, intituled, An Act for making and maintaining a Navigable Canal, from or near the Town of Stourbridge in the County of Worcester, to join the Staffordshire and Worcestershire Canal at or near Stourton in the County of Stafford; and also Two Collateral Cuts, One from a Place called the Fens, upon Pensnet Chace, to communicate with the intended Canal near the Junction of Wordesley Brook with the River Stour, and the other from a Place called Black Delph upon the said Chafe, to join the first-mentioned Collateral Cut at or near certain Lands called the Lays, in the Parish of Kingswinford, in the said County of Stafford; to which they desire the Concurrence of this House.
Brecknock Paving, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Charles Morgan and others:
With a Bill, intituled, An Act for supplying the Borough and Town of Brecknock and Liberties thereof with Water; and for paving, cleansing, regulating, and lighting the Streets, Lanes, and Publick Passages there; and for widening and making commodious some of the said Streets, Lanes, and Passages; to which they desire the Concurrence of this House.
Camberwell and Peckham Lighting and Watching Bill.
A Message was brought from the House of Commons, by sir Joseph Mawbey and others:
With a Bill, intituled, An Act for lighting and watching the Villages of Camberwell and Peckham, in the County of Surrey, and certain Roads therein mentioned leading thereto; and for establishing a Foot Patrole between Peckham and Blackman Street, in the Borough of Southwark; to which they desire the Concurrence of this House.
Dorchester Lighting, &c, Bill.
A Message was brought from the House of Commons, by Mr. Damer and others:
With a Bill, intituled, An Act for better cleansing, lighting, and watching the Streets, Lanes, and other Publick Passages, within the Borough of Dorchester, in the County of Dorset, and in the Tithing of Colliton Row, in the Town of Dorchester aforesaid; for paving the Foot Ways, and repairing certain Horseways of such Parts thereof as are Turnpike; and for paving the Foot Ways and repairing the Horse Ways of such Parts thereof as are not Turnpike; for removing Nuisances, Annoyances, and Obstructions therein; and for preventing Houses or Buildings hereafter to be erected in the said Borough and Tithing from being thatched; to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
E Selkirk against Douglas et al, Petition of Guardians of D. Hamilton to be made a Party in the Cause.
Upon reading the Petition of John Ross Mackye and Andrew Stuart, Esquires, Two of the Guardians of Douglas Duke of Hamilton and Brandon, Marquis of Douglas, Earl of Angus, &c. an infant, on Behalf of the said Duke; setting forth, That the Petitioners discovering, from the printed Cases in a Cause appointed to be heard before their Lordships, wherein Dunbar Earl of Selkirk is Appellant, and Archibald Douglas Esquire, and others, are Respondents, that the Interest of their Pupil the Duke of Hamilton may, without having an Opportunity of being heard, be materially affected by the Judgement in such Cause; they humbly beg Leave to represent to their Lordships, that the original Judgement against which the above Appeal was taken, arose upon a Competition of Brieves for Service, as Heir to Archibald Duke of Douglas, deceased, and mutual Actions of Declarator between George late Duke of Hamilton and Brandon, the Duke of Douglass Heir Male, as well as Heir of Provision, under certain Family Settlements, the Appellant Earl Selkirk, and the Respondent Mr. Douglas: And that George Duke of Hamilton having died pending Bills of Re-hearing, the Cause abated as to him, and the Parties to the aforesaid Appeal proceeded to final Judgement, in the Court below, without reviving the Suits against the present Duke of Hamilton, the Heir and universal Representative of his Brother Duke George, or making him in any other Shape a Party thereto; and the like Course is now attempted to be taken in hearing
Respondents Caf, P. 10.
the said Appeal before their Lordships: That the Petitioners are the more alarmed at this Mode of Proceeding from the following Averment stated in the Respondent Mr. Douglass printed Case, given in to their Lordships: The Duke of Hamiltons Death at last put an End to the Question with him; the Brieve taken out by him to be served Heir to the Duke of Douglas, upon which the Action or Claim at his Instance was founded, having fallen to the Ground, so that his Heirs could not have taken it up, nor make it the Foundation of any further Proceeding in their Names: But as the Petitioners and the other Guardians of the present Duke of Hamilton, so far from having any Thoughts of abandoning the Right of their Pupil as Heir Male, and Heir under the antient Family Settlements to the Duke of Douglas, resolved, and were advised from the beginning, to prosecute and follow forth that Right to the utmost, and have only delayed the same on Account of the Nonage and Absence of the present Duke of Hamilton, who will be of Age next Year; and as it is the Purpose of the Guardians and the Friends of the Family, upon the Dukes attaining the Years of Majority, to revive his Graces just Claims to the Succession of the late Duke of Douglas; and therefore praying their Lordships, To make such Order as to their Lordships, in their great Justice, shall seem proper and necessary for preventing any Injury to the Duke of Hamilton, from the Proceedings in the Appeal now depending before their Lordships between the Earl of Selkirk and Mr. Douglas:
It is Ordered, That when the Counsel in the Cause wherein Dunbar Earl of Selkirk is Appellant, and Archibald Douglas of Douglas Esquire, and others, are Respondents, are called in, they be acquainted with the Contents of the said Petition.
E. Selkirk against Douglas et al.
Counsel (according to Order) were called in, to be further heard in the Cause wherein Dunbar Earl of Selkirk is Appellant, and Archibald Douglas Esquire, and others, are Respondents.
The Petition of the Duke of Hamiltons Guardians was read.
Mr. Solicitor General was heard in relation thereto.
Mr. Crosbie also heard in relation thereto.
Lord Advocate for Scotland also heard in relation thereto.
Mr. Crosbie heard to reply to Lord Advocate.
Lord Advocate heard to observe.
The Counsel were directed to withdraw.
Ordered, That the Hearing of this Cause be deferred till after Counsel have been heard upon the Petition of the Duke of Hamiltons Guardians; and that the Duke of Hamiltons Counsel be heard on Wednesday next upon the said Petition; and that the Counsel for the Appellant, the Earl of Selkirk, and the Respondents, Mr. Douglas and others, be heard at the same Time against the said Petition, if they think fit.
Elsdon, &c. Road Bill.
A Message was brought from the House of Commons, by Sir Thomas Wavering and others:
With a Bill, intituled, An Act for repairing, widening, and altering the Road, from the Termination, of the present Turnpike Road at Elsdon Highcross, near the Town of Elsdon, in the County of Northumberland, on the North-east Side of the River Reed, through Overacres, Elishaw, and Catcleugh, to the Red Swyre, upon the Mid Border, betwixt England and Scotland; to which they desire the Concurrence of this House.
Mariners and Seamen Bill.
A Message was brought from the House of Commons, by Mr. Buller and others:
With a Bill, intituled, An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships, and other Trading Ships and Vessels; to which they desire the Concurrence of this House.
Nettleham Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Vyner and others:
With a Bill, intituled, An Act for dividing, apportioning, and enclosing, the Open and Common Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Nettleham, in the County of Lincoln; to which they desire the Concurrence of this House.
Dudley canal Bill.
A Message was brought from the House of Commons, by Mr. Whitworth and others:
With a Bill, intituled, An Act for making and maintaining a Navigable Canal within and from certain Lands belonging to Thomas Talbot Foley Esquire, in the Parish of Dudley, in the County of Worcester, to join and communicate with the Stourbridge Navigation, at a Place called Black Delph, upon Pensnet Chace, in the Parish of Kingswinford, in the County of Stafford; to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
Message from H.C. to return Hoares Bill.
A Message was brought from the House of Commons,
by Mr. Clive and others:
To return the Bill, intituled, An Act: for empowering Richard Hoare Esquire, the surviving Trustee named in the Will of Mary Arnold, his Heirs, Executors, Administrators, or Assigns, to make Sale of a certain Copyhold Messuage or Tenement, at Hampstead, in the County of Middlesex, with the Appurtenances, and the Household Goods and Furniture thereunto belonging, vested in him by the said Will upon certain Trusts therein expressed; and to invest the Money to arise by such Sale in the Purchase of Lands or Tenements to be settled in like Manner; and to acquaint this House, that they have agreed to the same without any Amendment.
Soar River Navigation, &c. Bill.
A Message was brought from the House of Commons, by Mr. Hungerford and others:
With a Bill, intituled, An Act for making the River Soar navigable from the River Trent to Bishop;s Meadow, within the Liberty of Garenton, in the County of Leicester; and for making and maintaining a Navigable Cut or Canal from thence, near, or up and into The Rushes, at Loughborough, in the said County; to which they desire the Concurrence, of this House.
The said Bill was read the First Time.
Causes put off.
Ordered, That the Hearing of the Cause wherein John Ross of Auchnacloich, is Appellant, and Murdoch Mackenzie of Ardross, Esquire, is Respondent, which stands appointed for To-morrow, be put off to the First Cause Day after the Recess at Easter; and that the Rest of the Causes be removed in Course.
Liardets Patent Bill.
The Lord Scarsdale reported from the Lords Committees appointed to consider of a Bill, intituled, An Act for vesting in John Liardet Clerk, his Executors, Administrators, and Assigns, the sole Use and Property of a certain Composition or Cement of his Invention, throughout His Majestys Kingdom of Great Britain, and in the Colonies and Plantations Abroad, for a limited Time.
That, in Obedience to your Lordships Order of Reference of the 20th Day of this instant March, the Committee have met and taken into Consideration the Matter to them referred, and find that His present Majesty, by His Letters Patent, dated the 3d Day of April in the 13th Year of His Reign, did grant unto John Liardet Clerk, the sole Privilege and Authority to make and vend a certain Composition or Cement of his Invention, for the Term of Fourteen Years from the Date thereof; and also, that the said John Liardet did cause a Specification of his said Invention to be enrolled in His Majestys High Court of Chancery, according to the Terms, and within the Time limited by the said Letters Patent.
That the Committee then examined Mr. John Kennedy, who has known Mr. Liardets, Composition these Two Years past, and has the Direction of making the same, who proved to the Committee, that the Invention is very useful and ornamental, and has been sound to answer extremely well in those Places where it has been tried. And that, unless the Terms of the Patent be enlarged, and the Invention extended upon a more general Plan, it will not answer the Purposes of Indemnification to the Proprietor, and general Utility to the Publick, from the great Expence of erecting Works, and from the Impossibility of using the Cement at a Distance from the Place where it is made. That the erecting Kilns and Mills for a Work of this Nature will cost from .500 to .1000; and if they are. built near the Place where the Composition is to be used, the Consumption may be increased, and the Price of such Increase lowered. That if the Term of the Patent be enlarged, there are many Persons who would immediately erect Works.
Mr. Cosmo Wallis, a Surveyor, was also examined, who informed the Committee, That he has known the said Composition Two Years, and confirmed the Evidence of the said John Kennedy.
William Adam Esquire was likewise also examined, who acquainted the Committee, He has known the said Composition Three Years, and has found it to be a very useful Invention.
The above Evidence being finished, the Committee then, took into Consideration the Third Paragraph in the Preamble; and it being proposed to leave out Part of the said Paragraph from the Word [whereas], in Press 2, Line 3, to the Word [to], in Press 3, Line 3, and instead thereof to insert [unless the Term granted by the said Letters Patent be prolonged, and the Operation extended, to that Part of Great Britain called Scotland, and to His Majestys Colonies and Plantations abroad, neither will it be possible for the said John Liardet, to receive an adequate Recompence for his Labour, Expence, and Time, nor for the Publick at large to reap the various Advantages in Point of Utility and conomy, as well as Ornament in Building, which would arise from this Invention, were its Use universally diffused and its Price lowered, upon which the Demand, and consequently the Profits of the Proprietor, must depend. And whereas, the Cement from its Nature grows too hard for use, if not used soon after it is made, and therefore must be made where used, or near it; from which Circumstance, the Use thereof has hitherto been confined to the Metropolis, and a few Miles about, as training Workmen and erecting Works is difficult and expensive. And whereas, if the Term is not enlarged, the same narrow Plan must be continued; a general Plan of erecting Works and training Men all over the Kingdom, which is necessary if the Use of the Cement is to be universal, cannot, upon so short a Prospect, be undertaken, the Circle cannot be enlarged, and the Price must continue such as may indemnify the Proprietor for his Expence out of the Profits arising from a very small Consumption only, during his present Term. And whereas, at the Expiration of the Term, the Invention becoming open, no one will undertake this general Plan; and the Invention, though open, cannot, without such general Plan, be brought to the best Account of the Publick. And whereas, if, on the contrary, the Term is enlarged, the above general Plan can be carried into immediate Execution, and the Publick at large will enter immediately into the full and compleat Enjoyment of all the numerous and great Advantages this Invention is capable of producing, and at a Price lower in Proportion to the Increase of Consumption].
Then the Committee, having taken into Consideration the Term granted by the said Act for continuing the Term for Fourteen Years at the Expiration of the said Patent, were of Opinion, that the Additional Term of Fourteen Years was too long, and instead thereof Seven Years was thought a sufficient Length of Time for the Inventor to receive a sufficient Indemnification and Encouragement; and thereupon the following Amendment was made in pursuance thereof, (videlicet), Press 3, Line 23, to leave out [Twenty-five], and instead thereof to insert [Eighteen], with the consequential Amendments in Press 4, Lines 21, 28, and 34, and Press 6, Line 11.
The Committee being of Opinion also, That the Words, [nor in anywise counterfeit, imitate, or resemble the same, nor shall make, or cause to be made, any Addition thereunto, or Subtraction from the same, whereby to pretend himself, herself, or themselves, the Inventor or Inventors, Deviser or Devisers thereof] in Press 4 Line 37, and Press 5, Line 4, might occasion some Ambiguity, thought it proper to leave out the same.
The Committee taking Notice that the Word [Grease,] was inserted in the Preamble of the Bill, and being of Opinion that the Term granted by the said Letters Patent was full sufficient, being a separate Invention, and for a separate Purpose, did cause the following Proviso to be added after the Word [occasioned], in Press;, Lines 17 & 18:
[Provided always, That nothing in this Act contained shall be construed to extend to prolong the Term granted to the said Letters Patent to the said John Liardet, for the exclusive Privilege of making, using, and vending, a certain Grease therein mentioned.]
The Committee being of Opinion that the Publick ought to receive the Benefit of this Invention at as cheap a Rate as possible, did, in order to prevent the Price of the Composition from being raised hereafter, cause the following Clause to be added, after the above mentioned Proviso:
[And whereas the said John Liardet has hitherto furnished the said Cement at the Rate of Sixpence per Foot Square on the Surfaces of all plain Buildings, and Two-pence per Foot running Measure for Arises: To the End, therefore, that the Publick may be assured of the Advantage of this Invention at the same Price, during the Continuance of this Act; be it further enacted by the Authority aforesaid, That it shall not be lawful for the said John Liardet, his Executors, Administrators, or Assigns, during the Continuance of this Act, to ask, demand, or take, any greater Price than Sixpence by the Foot Square, and Two-pence per Foot as aforesaid for Arises, for covering any Plain Work with the aforesaid Cement or Composition.]
The Rest of the enacting Clauses being, severally, read, the same were agreed to; and the Bill was ordered to be reported to the House, with the aforesaid Amendments
Ordered, That the said Report be taken into Consideration on Monday next, and the Lords summoned.
Claytons Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act to enable William Clayton Esquire, during his Life, and the Guardians of his infant Children after his Decease, to make Building and Improving Leases of certain Lands and Premises, Part of the Manor of Kennington, in the County of Surrey, held by Letters Patent from His Majesty as Part of the Duchy of Cornwall; and to raise Money for Payment of the Fines and Expences of renewing the said Letters Patent, and for defraying the Expences to attend the granting such Building and Improving Leases, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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 engrafted.
Bruntingthorp Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Grounds, within the Parish of Bruntingthorp, in the County of Leicester, was committed.
Boston Pilots, &c. Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the. Bill, intituled, An Act for the better Regulation and Government of the Pilots conducting Ships and Vessels into and out of the Port of Boston, in the County of Lincoln; and for affixing and setting down Mooring Posts upon the Banks or High Marshes, within or adjoining to the Haven and Harbour of the said Port; and for affixing and laying down Bridges over the Creeks upon the High Marshes, within or adjoining to the said Haven and Harbour; and for preventing Mischiefs by Fire in the said Haven and Harbour, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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.
Boston Lighting, &c. Bill.
The Lord Scarsdale made the like Report from the Lords Committees to whom the Bill, intituled, An Act for lighting and watching the Streets, Lanes, and other Publick Passages and Places, within the Borough of Boston, in the County of Lincoln; and for removing and preventing Nuisances, Annoyances, and Obstructions therein, was committed.
Lincoln Heath, &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, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing and widening the Roads leading from the East Side of Lincoln Heath to the City of Peterborough; and from the East End of Marham Lane to the Town of Walton, in the County of Northampton; and from the Town of Bourn to the Town of Colsterworth; and from Donnington High Bridge to the Cross Post, in the Parish of Hacconby; and from the East End of a Lane called Hale Drove, to and through the Town of Old Sleaford, to the End of Long Hedge, in the Parish of Quarrington, in the County of Lincoln, was committed.
Jenkinss Divorce Bill.
The Lord Scarsdale presented to the House (pursuant to an Order of Leave on the 16th of February last) a Bill, intituled, An Act to dissolve the Marriage of the Reverend John Jenkins Clerk with Mary Jenkins his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Monday the 22d Day of April next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said. John Jenkins may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Mary Jenkins may have a Copy of the Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.
Sir Charles Whitworth Leave for Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Charles Whitworth Knight; 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 the Sale of the Estates of Sir Charles Whitworth, in the County of Somerset; and for exonerating the same, and his Estates in the County of Kent, from the Portions of his younger Children provided by his Marriage Settlement.
Dashwood Leave for Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Charles Vere Dashwood Esquire, in Behalf of himself and his infant Children; 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, confirming the Settlements made by Charles Vere Dashwood Esquire, in Satisfaction of certain Articles entered into by him previous to his Marriage, and during his Infancy; and for other Purposes therein mentioned.
Chevalier takes the Oaths for her Naturalization.
Marie Magdelaine Chevalier took the Oaths appointed in Order to her Naturalization.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Marie Magdelaine Chevalier
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.
Great and Little Hampton Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land, within the Parish of Great and Little Hampton, in the County of Worcester.
The Question was put, Whether this Bill shall Pass?
It was resolved in the Affirmative.
Tardebigg Church Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for re-building the Parish Church of Tardebigg, in the Counties of Worcester and Warwick.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
North Hinksey Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Manor and Parish of North Hinksey, otherwise Ferry Hinksey, in the County of Berks.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Barton and Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and other Commonable Lands, in the Hamlets of Barton and , in the Parish of Bidford, and County of Warwick
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Brougham Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for Enclosure dividing and enclosing a certain Common and Waste Grounds, within the Parish of Brougham, in the County of Westmorland.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Charlton Common, ascertaining the Landed Property in, and enclosing, Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for ascertaining the Landed Property, as well of the Reverend the Dean and Chapter of the Cathedral Church of Christ and the Blessed Mary the Virgin at Worcester, as of others, situate in the Hamlet of Charlton, in the Parish of Cropthorn, in the County of Worcester; and for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the same Hamlet.
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 six preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Holford and Mr. Hett:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Greenwich Hospital Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for vesting certain Estates now held in Trust for the Benefit of the Royal Hospital for Seamen at Greenwich, in the Commissioners and Governors of the said Hospital incorporated by His Majestys Letters Patent.
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.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 29o Martii 1776.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Rudges Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting a Leasehold Messuage in Grosvenor Square, in the Parish of Saint George Hanover Square, in the County of Middlesex, bequeathed by the Will of Edward Rudge Esquire, deceased, in Trustees, to be sold, and other the Purposes therein mentioned, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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.
Claytons Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to enable William Clayton Esquire, during his Life, and the Guardians of his infant Children after his decease, to make Building and Improving Leases of certain Lands and Premises, Part of the Manor of Kennington, in the County of Surrey, held by Letters Patent from His Majesty as Part of the Duchy of Cornwall; and to raise Money for Payment of the Fines and Expences of renewing the said Letters Patent, and for defraying the Expences to attend the granting such Building and Improving Leases.
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. Hett:
To carry down the said Bill, and desire their Concurrence thereto.
Boston Pilots, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for the better Regulation and Government of the Pilots conducting Ships and Vessels into and out of the Port of Boston, in the County of Lincoln; and for affixing and setting down Mooring Posts upon the Banks or High Marshes within or adjoining to the Haven and Harbour of the said Port; and for affixing and laying down Bridges over the Creeks upon the High Marshes within or adjoining to the said Haven and Harbour; and for preventing Mischiefs by Fire in the said Haven and Harbour.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Greenwich Hospital Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for vesting certain Estates, now held in Trust for the Benefit of the Royal Hospital for Seamen at Greenwich, in the Commissioners and Governors of the said Hospital, incorporated by His Majestys Letters Patent.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Boston Lighting, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for lighting and watching the Streets, Lanes, and other Publick Passages and Places, within the Borough of Boston, in the County of Lincoln; and for removing and preventing Nuisances, Annoyances, and Obstructions therein.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Lincoln Heath, &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing and widening the Roads leading from the East Side of Lincoln Heath to the City of Peterborough; and from the East End of Marham Lane to the Town of Walton, in the County of Northampton; and from the Town of Bourn to the Town of Colsterworth; and from Donnington High Bridge to the Cross Post, in the Parish of Hacconby; and from the East End of a Lane called Hale Drove, to and through the Town of Old Sleaford to the End of Long Hedge, in the Parish of Quarrington, in the County of Lincoln
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Bruntingthorp Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and Commonable Grounds, within the Parish of Bruntingthorp, in the County of Leicester,
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 Bill.
And Massages were, severally, sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the ding Bills. said Bill; without any Amendment.
Salford Charity Bill.
A Message was brought from the House of Commons, by Colonel Egerton, and others:
With a Bill, intituled, An Act to enable the Trustees of certain Charity Lands belonging to the Poor of Salford, in the County Palatine of Lancaster, to grant; Building Leases thereof; to which they desire the Concurrence of this House
Deer, stealing of, Bill.
A Message was brought from the House of Commons, by Mr. George Venables Vernon and others:
With a Bill, intituled, An Act more effectually to prevent the Stealing of Deer; and to repeal several former Statutes made for the like Purpose; to which they desire the Concurrence of this House.
The last mentioned Bill was read the First Time.
Ordered, That the said Bill be printed.
Stourbridge Canal Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for making and maintaining a Navigable Canal, from or near the Town of Stourbridge, in the County of Worcester, to join the Staffordshire and Worcestershire Canal, at or near Stourton, in the County of Stafford; and also Two Collateral Cuts, One from a Place called The Fens, upon Pensnet Chace, to communicate with the intended Canal, near the Junction of Wordesley Brook with the River Stour, and the other from a Place called Black Delph, upon the said Chace, to join the first mentioned Collateral Cut, at or near certain Lands called The Lays, in the Parish of Kingswinford, in the said County of Stafford,
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.
Dudley Canal Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for making and maintaining a Navigable Canal, within and from certain Lands belonging to Thomas Talbot Foley Esquire, in the Parish of Dudley, in the County of Worcester, to join and communicate with the Stourbridge Navigation, at a Place called Black Delph. upon Pensnet Chace, in the Parish of Kingswinford, 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 them, to meet on the same Day, at the same Place; and to adjourn as they please.
Elsdon, &c, Road Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for repairing, widening, and altering the Road, from the Termination of the present Turnpike Road at Elsdon Highcross, near the Town of Elsdon, in the County of Northumberland, on the North-east Side of the River Reed, through Overacres, Elishaw, and Catcleugh, to the Red Swyre, upon the Mid Border betwixt England and Scotland
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.
Dorchester Lighting, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for better cleansing, lighting, and watching the Streets, Lanes, and other Publick Passages, within the Borough of Dorchester, in the County of Dorset, and in the Tithing of Colliton Row, in the Town of Dorchester aforesaid; for paving the Footways, and repairing certain Horseways of such Parts thereof as are Turnpike; and for paving the Footways, and repairing the Horseways of such Parts thereof as are not Turnpike; for removing Nuisances, Annoyances, and Obstructions therein; and for preventing Houses or Buildings, hereafter to be erected in the said Borough and Tithing, from being thatched.
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.
Soar River Navigation, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for making the River Soar navigable, from the River Trent to Bishops Meadow, within the Liberty of Garenton, in the County of Leicester; and for making and maintaining a Navigable Cut or Canal from thence, near, or up, and into The Rushes, at Loughborough, in the said County.
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.
Brecknock Paving, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for supplying the Borough and Town of Brecknock, and Liberties thereof, with Water; and for paving, cleansing, regulating, and lighting the Streets, Lanes, and Publick Passages there; and for widening and making commodious some of the said Streets, Lanes, and Passages.
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.
Camberwell and Peckham Lighting and Watching Bill.
Hodie 2a vice lecta est Billa, intituled, An Act: for lighting and watching the Villages of Camberwell and Peckham, in the County of Surrey, and certain Roads therein mentioned leading thereto; and for establishing a Foot Patrole between Peckham and Blackman Street, in the Borough of Southwark.
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.
Nettleham Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing, apportioning, and enclosing, the Open and Common Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Nettleham, 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.
Mariners and Seamen Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships, and other Trading Ships and Vessels.
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.
D. St. Albans Petition for a Bill; Report of Judges to be considered and Lords summoned.
The Report of the Judges, to whom was referred the Petition the, Most Noble George Duke of Saint Albans; praying. Leave to bring in a Private Bill for the Purposes therein mentioned, was read by the Clerk, as follows; (videlicet),
To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.
In pursuance of the Order of your Lordships of the Third of November last, hereunto annexed, we have considered of the Petition of the Most Noble George Duke of Saint Albans, hereunto also annexed.
We find that an Act of Parliament was passed in the Seventh Year of the Reign of His present Majesty, intituled, An Act for vesting Part of the Estates of George Duke of Saint Albans in Trustees, for raising Money to pay Debts; and for other Purposes therein mentioned; to the Effect slated in the Petition referred to us.
It appears upon the Face of the said Act, that before the passing thereof, the Petitioner was only liable to the Payment of the Interest of the Sum of .6,000, charged by the Dukes Father on the Office of Register, and of .2,000 also charged on the House at Saint Jamess Place, and of the .10,000 raised by the Petitioner in Execution of the Power vested in him by his Marriage Settlement; whereas this Act hath made the Petitioners Estate for Life, in all his Real and Personal Property, subject to the raising of the Whole of the said Principal Sums, making together .18,000.
It also appears upon the Face of the said Act, that the said Act hath made the said Petitioners Estates for Life, in the Premises purchased of Mr. Bance, liable to the Payment of the Money necessary for completing the Purchase of Mr. Bances Estate; and we find, that the Trustees in the said Act named, have raised and paid out of the Rents and Profits of the Petitioners said Life Estate, for completing the said Purchase, including Interest of Money borrowed, and Costs, the Sum of .5,017, 14s.; whereas, if the said Act had not been made, the Petitioner would be only liable to the Payment of the Interest of that Sum.
It also appears upon the Face of the said Act, that at the Time of passing the said Act, the said Petitioner, under the Limitations of the Settlement of the 21st of October 1752, made of the Estates of his Duchess, was entitled to the Surry Estate therein mentioned, of the Yearly Value of .600 or thereabouts, for his Life, in Possession, and to the Reversion in Fee-simple, expectant on the Death of the said Duchess, and Failure of Issue Male of her Body; but that, by the Operation of the said Act, such Reversion is taken away from the Petitioner, and limited in strict Settlement on various Branches of his Family.
It also appears upon the Face of the said Act, that at the Time of passing the said Act, the Petitioner was entitled to the Estate therein mentioned to be situate in the County of Leicester, of the Yearly Value of .630, or thereabouts, for his Life, and to the Reversion in Fee-simple in case he should survive his present Duchess, and the should happen to die without Issue; but that this Contingent Reversion in Fee of the Petitioner, is also, by the said Act of Parliament, taken away from him, and limited in strict Settlement on various Branches of his Family, in the same Manner as his Reversion in the Surry Estate.
It also appears upon the Face of the said Act, that at the Time of passing the said Act, the Petitioner had a Reversionary Interest in the .3,200 Old South Sea Annuities, .500 New South Sea Annuities, and .1,800 Bank Annuity Stock, therein mentioned to be Part of the Fortune of his present Duchess, expectant on her Death and Failure of Issue of the Marriage; whereas, by this Act, the said Duke is also diverted of this Reversionary Interest, and such Reversionary Interest is thereby limited in the same Manner, as his Reversion in the Surry and Leicestershire Estates.
It also appears upon the Face of the said Act, that these Changes in the Property of his Grace the Petitioner, were made under the Idea of a Necessity of providing an Equivalent in lieu of the .14,000, Part of the Sum of .21,000, mentioned in the said Act, and the Estate at Bray purchased with other Part of the same Sum, which the Act of Parliament permitted to be applied in Discharge of the Dukes Debts, for the Benefit of such of his Family as were interested, under the Entail of the Lands covenanted to be purchased with the said .14,000, and of the said Estate at Bray; and that the said Deed of Covenants of the 6th of December 1752, was a voluntary Act of the Petitioners, not binding upon his Creditors, for the Payment of whose Debts the said Act of Parliament was obtained.
We find, that the Petition for the said Act of Parliament was signed by the Petitioner, while he was in a State of Confinement abroad, at the Suit of his Brussels Creditors.
We also find, that before signing of such Petition, his Grace the Petitioner, had been in Imprisonment for Debt at Brussels for the Space of several Years, and that he continued in Imprisonment till the Month of May 1770.
We further find, that the Trustees under the said Act of Parliament, by the Application of the .14,000 therein mentioned to have been due on Lord Windsors Mortgage, and by the Money arising by Sale of the Estate at Bray, also mentioned in the Act, and by and with the Rents and Profits arising from his Graces other Estates, have paid off the .20,000 to the Brussels Creditors, the Debts mentioned in the Act to be due to Bethulia Hall and Abigail Beger, and the Debts in the Schedule to the Act mentioned; except some small Debts in the said Schedule, not exceeding the Sum of .80; and also except the above-mentioned Sum of .18,000; and have also paid the said Sum of .5,017, 14s for completing the Purchase of the said Mr. Bances Estate in Berkshire, according to the Directions of the said Act.
Under these Circumstances, his Grace the Duke of Saint Albans hath presented the annexed Petition to your Lordships, praying that Leave may be given to bring in a Bill for the Purpose in the said Petition mentioned.
This Application to your Lordships appearing to us to be of an extraordinary Nature, having for its Object the rescinding in great Measure the above Act of the Seventh of His present Majesty; and this not upon the Ground of the Consent of the Parties interested, but upon a Claim to the Justice of Parliament, and analogous to the Relief which Courts of Equity administer in Cases where undue Advantage hath been taken of the Distress of One of the Parties to a Contract which is apparently unequal: We have thought it our Duty, before we proceed upon the Bill which hath been offered to us, to state the Matter specially to your Lordships, and to wait your Lordships further Order thereon.
The short State of the Petitioners Case, as it appears to us, is, that he being in Prison at Brussels did contract to divest himself, by Act of Parliament, of his Reversionary Interest in a very considerable Property, Real and Personal, and to limit the same in Settlement upon various Branches of his Family; and did also contract to subject his Life Estate, which was all that was left to him for the Support of his Dignity, to the Payment of the Principal Sums of .18,000 and .5,017, 14s the Interest of which Sums only he was before liable or could have been made liable to pay.
The Consideration of which Contract appears to have been the providing an Equivalent for a Sum of .14,000; and the Produce of an Estate, in Berkshire, amounting to .5,466, 14s which, by the Petitioners voluntary. Act in the Year 1752, he had covenanted to settle upon various Branches of his Family, but which were now to be applied towards Payment of the Petitioners Debts.
Admitting that an Equivalent ought to have been provided, (concerning which we offer no Opinion to your Lordships), it appears to us, that the Property given up by the Petitioner, and the new Charges brought upon his Life Estate, so greatly exceeded in Value the Sum for which the Equivalent was proposed, as to render the Contract unequal and unreasonable, and regard being had to the Situation of the Petitioner at the Time of his entering into it, very unfit to have been carried into Execution.
And we conceive, that if this Contract had been carried into Execution without the Interposition of the Authority of Parliament, a Court of Equity would have relieved the Petitioner against it.
And the Relief, we conceive, must have been to rescind the whole Contract, as between the Petitioner. and the several Parties claiming under the Settlement and the Deed of Covenants of the 6th of December 1752, restoring to the Petitioner the several Interests which he had divested himself of, and disincumbering his Life Estate of the several Charges imposed upon it; restoring also to all the Parties the full Benefit of their Claim under the said Settlement and Deed of Covenants, and securing to them a Fund, (in Lieu of the .14,000, and the Amount of the Produce of the Berkshire Estate, which have been applied towards Payment of the Petitioners Debts); sufficient to satisfy such Claim, in case the same should be thereafter adjudged in their Favour
Whether your Lordships ought to proceed upon an Application to Parliament, upon the same Ground of Equity, to be relieved against a Contract executed by Act of Parliament, appears to us to be a Question of mere Parliamentary Consideration, and which we therefore humbly submit to your Lordships Wisdom and Justice.
JA. EYRE.
BEAUMt. HOTHAM.
Ordered, That the said Report be taken into Consideration on Tuesday next; and the Lords summoned.
Lords summoned.
Ordered, That the Lords be summoned to attend the House on Tuesday next.
Spottiswoode to enter into Recognizance on Eliont et al Appeal.
The House being moved, That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Alexander Eliot and others, on Account of their Appeal depending in this House, they living in Scotland:
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellants, as desired.
Salford Charity Bill, referred to Judges.
Hodie 1a vice lecta est Billa, intituled An Act to enable the Trustees of certain Charity Lands belonging to the poor of Salford, in the County Palatine of Lancaster, to grant Building Leases thereof.
Ordered, That the Consideration of the said Bill be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Hotham, who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Masterman and Francis Leave for a Bill.
After reading and considering the Report of the judges, to whom was referred the Petition of William Masterman and Thomas Francis Esquires; 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.
Nuthalls Executors Bill.
Hodie 1a vice lecta est Billa, intituled, An Act to enable Willim Masterman and Thomas Francis Esquires, to make a Title to certain Leasehold and Copyhold Estates of Thomas Nuthall Esquire, deceased.
Upsold Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of William Upfold Gentleman; 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 William Upsold Gentleman, in the County of Middlesex, and City of London, in Trustees to be sold; and for purchasing other Lands and Hereditaments, to be settled to the same Uses.
Estcourt et al Leave for Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Estcourt 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 die said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, An Act for applying the Money to arise by Sale of certain Messuages; situate in Cheapside, in the City of London, devised by the Will of Edmund Estcourt Esquire, deceased, to Trustees, to be sold, in the building a Mansion House upon the Settled Estates, late of the said Edmund Estcourt, at Shipton Moyne and Dovel, in the County of Gloucester, together with the Materials of the antient Mansion House now standing thereon.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, primum diem Aprilis, jam prox sequen hora undecima Auroras, Dominis sic decernentibus.