House of Lords Journal Volume 29: April 1758, 1-10

April 1758, 1-10

DIE Martis, 4^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kirkleatham Charity, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for settling the several Charities of the Hospital and the Free School at Kirkleatham, in the County of York, of the Foundation of Sir William Turner Knight, deceased, and the Possessions and Revenues thereunto belonging, pursuant to the Will and Codicil of Cholmley Turner, late of Kirkleatham aforesaid, Esquire, deceased," stands committed, be revived; and meet To-morrow Morning.

Read's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in William Read Esquire and his Heirs several entailed Estates, in the County of York, in order that the same may be sold; and for the settling another Estate, in the said County of York, 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. Waple and Mr. Holford:

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

Account of Tallow imported from Russia.

The House being informed, "That Mr. Tomkyns, from the Commissioners of the Customs, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House, of the 23d of March last,

"An Account of the Quantity of Tallow imported into England from Russia, in Four Years preceding Christmas last; distinguishing each Year."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

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

Lady Bulkeley's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for carrying into Execution several Contracts made by or on Behalf of James late Lord Bulkeley in the Kingdom of Ireland, in his Life-time, for the Sale of several Lands and Tenements, in the County of Anglesey; and for applying the Purchase-money to discharge Encumbrances affecting the same."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Hamsterly Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Moors and Commons within the Chapelry of Hamsterly, in the Manor of Walsingham, in the County of Durham."

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

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

Exeter Workhouses, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Ninth and Tenth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for erecting Hospitals and Workhouses, within the City and County of the City of Exon, for the better employing and maintaining the Poor there."

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

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

Account of Tallow imported from Ireland to be brought in.

Ordered, That the proper Officer do lay before this House, an Account of all Tallow imported from Ireland into this Kingdom, for Seven Years, ending the 25th of December 1757; distinguishing each Year.

Jap et Ux. against Haddoway and Gibson.

Upon reading the Petition and Appeal of John Jap, late Vintner in Preston Pans, now in The Abbay, and Jean Denniston his Spouse; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 10th of February 1758; and likewise of Two Interlocutors of the Lords of Session, of the 3d and 11th of March 1758; and praying, "That the same may be reversed; and that Thomas Haddoway Kirk Treasurer of South Leith, and John Gibson Procurator Fiscal of the Sheriff Court of Edinburgh, may be required to answer the said Appeal; and that the Appellants may have such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Thomas Haddoway and John Gibson may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 2d Day of May next; and Service of this Order upon their Procurators or Agents before the Court of Session shall be deemed good Service.

Persons who have reglected to qualify for Offices to indemnify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace and others, who have omitted to register their Qualifications within the Time limited by Law; and for giving further Time for those Purposes, and the filing of Affidavits of Articles of Clerkship."

After some Time, the House was resumed.

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

Witnesses to attend, on Ly. Ferrers's Bill.

Ordered, That Richard Philips and John White do attend this House on Friday next, in order to be examined as Witnesses upon the 2d Reading of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

Account of Candles exported to be brought;

Ordered, That the proper Officer do lay before this House, an Account of the Quantity of Candles exported for Seven Years, ending the 25th of December 1757; distinguishing the Places from whence exported, and to what Places.

and of Net Duties upon them.

Ordered, That the proper Officer do lay before this House, an Account of the Net Produce of the Duties upon Candles for Seven Years, ending at Midsummer 1757.

Petition of Merchants of Chester, for the Irish Tallow Bill.

Upon reading the Petition of the Magistrates, Merchants, and Tradesmen, of the City of Chester; praying, That the Bill now depending, to discontinue the Duties upon Tallow imported from Ireland, may pass into a Law:

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

Papers concerning Seamens Wages to be laid before the House.

Ordered, That the proper Officers do lay before this House, an Account of all the Expenses for Naval Services, incurred from the 1st Day of January 1757, to the last Day of December 1757: Also, a Copy of His Majesty's Order in 1751, to the Commissioners of the Admiralty, to permit Navy and Pay Clerks to receive Seamens Wages: And also, a Copy of the Letter from the Commissioners of the Admiralty to the Navy Board, directing the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Norris's Bill.

The Earl of Winchilsea reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Lands, Tenements, and Hereditaments, settled on the Marriage of William Norris Esquire, in the said William Norris and his Heirs; and for settling other Lands in Lieu thereof," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Kirkleatham Charities Bill.

The Earl of Carlisle reported from the Lords Committees to whom the Bill, intituled, "An Act for settling the several Charities of the Hospital and Free School at Kirkleatham, in the County of York, of the Foundation of Sir William Turner Knight, deceased, and the Possessions and Revenues thereunto belonging, pursuant to the Will and Codicil of Cholmley Turner, late of Kirkleatham aforesaid, Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto, by leaving out the Clause declaring it a Publick Act."

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

Ordered, That the said Bill, as amended, be engrossed.

Persons who have neglected to qualify for Offices to indemnify, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace and others, who have omitted to register their Qualifications within the Time limited by Law; and for giving further Time for those Purposes, and the filing of Affidavits of Articles of Clerkship."

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 Mr. Waple and Mr. Holford:

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

Counts Leslies against Grant and Orme.

After hearing Counsel in Part, upon the Two Appeals, in One of which Charles Cajetan Count Leslie and Antonius Count Leslie are Appellants, and Peter Grant and David Orme his Tutor in Litem are Respondents; and in the other, the said Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie, are Appellants, and the said Peter Grant and David Orme are Respondents:

It is Ordered, That the further Hearing of the said Causes be adjourned till To-morrow.

Irish Tallow, Bill.

Whereas To-morrow is appointed, for the 2d Reading of the Bill, intituled, "An Act to discontinue for a limited Time the Duties payable upon Tallow imported from Ireland:"

It is Ordered, That the said Bill be read a 2d Time on Monday next; and the Lords to be summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 6^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kirkleatham Charities, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for settling the several Charities of the Hospital and Free-school at Kirkleatham, in the County of York, of the Foundation of Sir William Turner Knight, deceased, and the Possessions and Revenues thereunto belonging, pursuant to the Will and Codicil of Cholmley Turner late of Kirkleatham aforesaid Esquire, deceased."

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

It was Resolved in the Affirmative.

Norris's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Lands, Tenements, and Hereditaments, settled on the Marriage of William Norris Esquire, in the said William Norris and his Heirs; and for settling other Lands in Lieu thereof."

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

It was Resolved in the Affirmative.

Messages to H. C. with the preceding Bills.

And Messages were sent to the House of Commons, by Mr. Waple and Mr. Holford:

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

Pet. of Inhabitants of Bradford, &c. for the Irish Tallow Bill.

Upon reading the Petition of the Clothiers, other Tradesmen and Inhabitants, of the Towns of Bradford, Trowbridge, and Melksham, in the County of Wilts, in Behalf of themselves and the Poor Manufacturers of the said Towns and County, taking Notice of a Bill depending in this House, to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland; and praying, "That the same may pass:"

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

Preston Pans Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town and Parish of Preston Pans, in the Shire of East Lothian, otherwise Haddingtoun, for repairing the Harbour of the said Town; 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 Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Linlithgow and Stirling Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act of the Twenty-fifth Year of His present Majesty's Reign, intituled, "An Act for repairing the Post Road from the City of Edinburgh, through the Counties of Linlithgow and Stirling, from The Boathouse Ford on Almond Water; and from thence to the Town of Linlithgow, and from the said Town to Falkirk, and from thence to Stirling, and also from Falkirk to Kilsyth, and to Inch Bellie Bridge on the Post Road to the City of Glasgow; and for building a Bridge cross Almond Water."

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.

Apprentices Settlement, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others:

With a Bill, intituled, "An Act to amend an Act made in the Third Year of the Reign of King William and Queen Mary, intituled, "An Act for the better Explanation and supplying the Defects of the former Laws for the Settlement of the Poor, so far as the same relates to Apprentices gaining a Settlement by Indenture; and also to empower Justices of the Peace to determine Differences between Masters and Mistresses and their Servants in Husbandry, touching their Wages, though such Servants are hired for less Time than a Year;" to which they desire the Concurrence of this House.

Papers from the Admiralty delivered.

The House being informed, "That Mr. Stevens, from the Commissioners of the Admiralty attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of the 4th Instant,

"Copy of His Majesty's Order in Council of the 26th of November 1751, to the Commissioners of the Admiralty, to permit Navy and Pay Clerks to receive Seamens Wages."

And also, "Copy of a Letter from the Commissioners of the Admiralty to the Navy Board, directing them to permit Navy and Pay Clerks to receive Seamens Wages."

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk:

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

Account of Net Duties upon Candles for Seven Years delivered.

The House being also informed, "That Mr. Johnson, from the Commissioners of Excise, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of the 4th Instant,

"An Accompt of the Net Produce of the Duties on Candles for Seven Years, ending Midsummer 1757."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Ly. Ferrers's Pet. for Production of Deeds.

A Petition of Mary Countess Ferrers, Wife of the Right Honourable Lawrence Earl Ferrers, was presented, and read; setting forth, "That, some Time after the Petitioner's Marriage with the said Earl, he executed an Indenture, bearing Date on or about the 16th Day of April 1753, for providing a competent Jointure for the Petitioner, in case she should happen to survive him, in Pursuance of a Power given and reserved by a certain Indenture of Nine Parts, bearing Date on or about the 24th Day of October 1741;" and that the Petitioner is advised, "That the said Deeds are necessary Evidences for her, upon the 2d Reading of the Bill for separating Earl Ferrers from the Petitioner, for the Cruelty of the said Earl, and settling a Maintenance for her out of his Estate;" and praying, "That her Counsel or Agent may have Recourse to the said Deeds in the said Earl's Custody or Power, and that he may produce the same upon the 2d Reading of the said Bill."

And thereupon Mr. Astley the Petitioner's Agent was called in; and examined upon Oath, as to his having given Earl Ferrers Notice of this Petition; and also touching his Knowledge of the said Deeds being in the Hands of the said Earl.

And being withdrawn:

Ordered, That Earl Ferrers do produce the said Two Deeds, in the Petition mentioned, upon the 2d Reading of the said Bill, To-morrow.

Brompton Enclosure Bill; The King's Consent signified.

The Lord Chamberlain acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Common Fields, Common Meadows, Common and Waste Grounds, in the Townships of Brompton and Sawden, in the Parish of Brompton, in the North Riding of the County of York," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

E. of Darlington takes his Seat.

This Day Henry Earl of Darlington sat first in Parliament, after the Death of his Father Henry Earl of Darlington; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Counts Leslies against Grant and Orme:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Charles Cajetan Count Leslie and Antonius Count Leslie of Balquhaine; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 30th of November and 21st of December 1757; and of Two Interlocutors of the Macers of the Court of Session, of the 23d and 30th of December 1757; and also of Two Interlocutors of the Lords of Session, of the 5th and 12th of January 1758; and of another Interlocutor of the said Macers, of the 13th of January 1758; and of Two other Interlocutors of the said Lords of Session, of the 18th and 26th of January 1758; and praying, "That the said Interlocutors might be reversed or varied; and such other Relief given the Appellants as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Peter Grant Eldest Son of Captain John Grant, late of Ballindalloch, in the Service of The States General, and of David Orme Writer in Edinburgh Tutor in Litem of the said Peter Grant, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said several Interlocutors therein complained of be, and the same are hereby, affirmed.

Counts Lessies against Grant and Orme:

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 9th and 10th of March 1757, 30th of June, 14th of July, 4th of August, and 16th of December 1757; and of the 7th, 19th, and 26th of January 1758; and also of several Interlocutors of the Lords of Session, of the 9th and 11th of March, 29th of July, and 6th of August 1757; and of the 18th and 27th of January, and 28th of February 1758; and praying, "That the said Interlocutors might be reversed or varied; and such other Relief given the Appellants as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Peter Grant Eldest Son of Captain John Grant, late of Ballindalloch, in the Service of The States General, and David Orme Writer in Edinburgh Tutor in Litem of the said Peter Grant, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors of the 27th of January and 28th of February 1758, complained of in the said Appeal, be, and the same are hereby, reversed: And it is hereby Ordered, That both Parties be at Liberty to make such Proofs as are competent to them by Law; and that it be remitted to the Lord Ordinary, to proceed accordingly: And it is further Ordered and Adjudged, That all the other Interlocutors complained of in the said Appeal be, and the same are hereby, affirmed.

Causes put off.

Ordered, That the Cause which stands appointed for To-morrow, be put off to Monday next; and that the other Causes be removed in Course.

Irish Tallow Bill.

Whereas Monday next is appointed, for the 2d Reading of the Bill, intituled, "An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland:"

It is Ordered, That the said Bill be read a 2d Time on Thursday next; and the Lords to be summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 7^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hamsterly Common Enclosure, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Moors and Commons within the Chapelry of Hamsterly, in the Manor of Wolsingham, in the County of Durham," 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."

C. of Huntingdon's Pet. for preserving her Right and Demands upon E. Ferrers's Estate:

Upon reading the Petition of the Right Honourable Selina Countess of Huntingdon, One of the Daughters and Coheirs of the Right Honourable Washington Earl Ferrers, deceased, and also Relict and Administratrix of the Right Honourable Theophilus late Earl of Huntingdon, deceased; setting forth Claims of the Petitioner on certain Estates now in the Possession of Lawrence Earl Ferrers; and taking Notice of a Bill now depending in this House, for settling a Maintenance for Mary Countess Ferrers, Wife of the said Earl Ferrers, out of the Estate of the said Earl, which may possibly prejudice the Right of the Petitioner; and praying their Lordships to take into Consideration the Demand which the Petitioner and the Earl of Huntingdon, Henry Hastings Esquire, the Lord Viscount Rawden, and Lady Selina Hastings, have on the Estates of the said Earl, and grant such Relief in the Premises as to their Lordships shall seem meet:

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Pet. of the Brothers and Sisters of E. Ferrers, for preserving their Rights on the said Earl's Estates:

Upon reading the Petition of Washington Shirley Esquire, the Reverend Walter Shirley Clerk, Thomas Shirley Esquire, Elizabeth Shirley, and Ann Shirley, Spinsters, Three of the Younger Sons and the Daughters of the Honourable Lawrence Shirley Esquire, deceased, and the Brothers and Sisters of Lawrence Earl Ferrers; setting forth, "That the Petitioners, with their Brother Robert Shirley Esquire, are, by virtue of several Indentures, and the Will of their late Father, entitled to the Sum of Seventeen Thousand Pounds, to be raised and paid out of several Estates now in the Possession of the said Earl Ferrers as Tenant for Life, besides a large Arrear of Interest due for the same;" and praying, "as the said Bill now depending in this House may prejudice the Rights of the Petitioners, that their Lordships would have Regard to their Interest, and grant them such Relief as to their Lordships shall seem meet:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Pet. of Ann Shirley, Mother of E. Ferrers, for preserving her Rights upon the said Earl's Estates.

Upon reading the Petition of the Honourable Ann Shirley, Widow of the Honourable Lawrence Shirley Esquire, deceased, and Mother of the Right Honourable Lawrence Earl Ferrers; setting forth, "That the Petitioner is, by virtue of and under several Indentures of Settlement, entitled to a Jointure of Eight Hundred Pounds a Year, out of several Estate now in the Possession of the said Earl Ferrers; and also, by several Indentures and Will of the said Lawrence Shirley, entitled to several considerable Sums of Money, together with a large Arrear of Interest for the same;" and praying, "as the said Bill now depending in this House may prejudice the Rights of the Petitioner, that their Lordships would have Regard to her Rights; and that she may be heard, by her Counsel, if there should be Occasion; and that their Lordships would grant her such Relief as to their Lordships shall seem meet:"

It is Ordered, That the said Petition do lie upon the Table till the said Bill be read a Second Time.

Phipps, Pet. for Leave to proceed in a Suit in Ireland against the E of Anglesey, notwithstanding his Privilege.

Upon reading the Petition of Constantine Phipps Esquire; setting forth, "That the Petitioner, in 1750, exhibited a Bill in the Court of Chancery in Ireland, against Richard Earl of Anglesey, for carrying Two Decrees pronounced in England into Execution there; and that the said Earl insists on his Privilege in the said Cause; and threatens, that if the Petitioner, or his Agents, should proceed further in the said Suit, that he will complain thereof, as a Breach of the Privilege of this House;" and praying the House, to take the Petitioner's Case into Consideration; and grant him such Relief as to their Lordships in their great Wisdom shall seem just; so that the Petitioner and his Agents may be at Liberty to proceed in the said Suit, without incurring the Displeasure of this House:

It is Ordered, That a Copy of the said Petition be sent to the said Richard Earl of Anglesey; and that he do put in his Answer thereunto, in Writing, on or before Friday the 5th Day of May next.

Bristol Workhouse, Bill.

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

With a Bill, intituled, "An Act for enlarging the Powers granted by an Act passed in the Eighteenth Year of the Reign of His present Majesty, intituled, An Act for rendering more effectual the several Acts passed for the erecting of Hospitals and Workhouses within the City of Bristol, for the better employing and maintaining of the Poor thereof; and for making the said Act more effectual;" to which they desire the Concurrence of this House.

E. of Kerry's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act to enable Sir Maurice Crosbie Knight to discharge an Encumbrance on certain Collieries and Coal Mines in the County of Durham, Part of the Estate of Francis Thomas Earl of Kerry and Lixnaw in the Kingdom of Ireland, a Minor," stands committed, be revived; and meet on Tuesday next.

Apprentices Settlement, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to amend an Act made in the Third Year of the Reign of King William and Queen Mary, intituled, "An Act for the better Explanation and supplying the Defects of the former Laws for the Settlement of the Poor, so far as the same relates to Apprentices gaining a Settlement by Indenture; and also to empower Justices of the Peace to determine Differences between Masters and Mistresses, and their Servants in Husbandry, touching their Wages, though such Servants are hired for less Time than a Year."

Accompt of Expenses of Naval Services for the Year 1757 delivered.

The House being informed, "That Mr. Hall, from the Commissioners of the Navy, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of the 4th Instant,

"An Accompt of all the Expenses for Naval Services incurred from the 1st Day of January 1757, to the last Day of December 1757."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Accompt do lie upon the Table.

Ly. Ferrers's Separation, Bill:

The Order of the Day being read, for the Second reading of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And Mr. Sewell, appearing as Counsel for Earl Ferrers against the Bill, was asked, "Whether he had any Instructions to contravert the Facts alleged in the Preamble of the Bill?" and acquainted the House, That he had no Instructions to contravert any of the Facts; nor any Witnesses to produce; but was instructed by Earl Ferrers, to submit it to the House, as his Lordship's Desire, that the Bill may be laid aside, and the Matter left to the ordinary Course of Proceedings at Law."

And being asked, "Whether he had any Objections to the Reading of the Report made by the Lords Committees, upon which Leave was given to bring in the Bill, in Proof of the Allegations of the Preamble of the Bill?"

And saying, "He had no Instructions as to that; but submitted it to the House:"

The Counsel were directed to withdraw.

And it being proposed, "That the Counsel for Lady Ferrers should be directed to proceed to make out the Allegations of the Bill:"

The Counsel were called in again.

And Mr. Campbell, the Counsel, for the Bill, was directed to proceed, to prove the Allegations.

And thereupon, in order to prove the Behaviour of Earl Ferrers, and his cruel and barbarous Usage of the Countess;

Miss Anna Margaretta Meredith, the Countess's Sister, was called in; and, being sworn, the Evidence given by her before the Committee was read to her, out of the Report of the Committee; and then she confirmed the same, declaring that it was true.

And the Counsel for Earl Ferrers was asked, "Whether he had any Questions to ask the Witness?"

And he saying, "He had not:"

She was directed to withdraw.

Then the Counsel for the Bill acquainted the House, That he had a Witness to prove that William Hodson, who had been examined before the Committee, as to the Earl's Behaviour and cruel Usage of the Countess, and who was ordered to attend this Day, in order to be examined, was in so bad a State of Health as not to be able to attend; and therefore desired his Evidence might be read, out of the Report of the Committee."

And thereupon John Kemble was called in, and sworn; and gave an Account, "That he served the said William Hodson with the Order of this House, for his Attendance, at Saint Bartholomew's Hospital; but that he was in so bad a State of Health as not to be able to attend; and that he saw him again Yesterday, and that he continued to be so bad as not to be able to attend; and that Doctor Pitcairn, Physician to the said Hospital, signed a Certificate in his (the Witness's) Presence, that the said William Hodson could not attend, without great Hazard and Danger of his Life."

He was directed to withdraw.

And the Evidence given by the said William Hodson before the Committee was read, out of the Report of the said Committee.

Then authentick Copies of the Records of the Proceedings upon Two Writs of Habeas Corpus issued against the Earl, the First Articles of the Peace exhibited by the Countess, and the Recognizance which the Earl and his Sureties entered into thereupon, being produced, and offered to be read; the same were admitted by the Earl's Counsel:

As were also the Proceedings in the Suit instituted by the Countess against the Earl in the Consistory Court of the Bishop of London.

Then, in order to prove the Behaviour of Earl Ferrers at the Earl of Westmorland's in Kent, the last Summer, the Account thereof given by the Earl of Westmorland, at the Committee, was read, out of the Report of the said Committee.

And the Earl of Westmorland, being present, confirmed the same, and declared that it was true.

Authentick Copies of the further Articles of the Peace exhibited by the Countess against the said Earl in Hilary Term last; and the Recognizance entered into by the Earl, with Two Sureties, thereupon, being produced, and offered to be read; the same were admitted by the Earl's Counsel.

The Bond of Arbitration, executed by Earl Ferrers, dated the 17th Day of February last, being offered to be read; the same was admitted by the Earl's Counsel.

But the Counsel for the Bill desiring that Part of the Recital of the said Bond might be read:

The same was accordingly read, as follows:

"And whereas the said Lawrence Earl Ferrers and the said Mary Countess Ferrers have agreed to live separate and apart from each other; but the Terms of such Separation have not yet been settled or agreed upon between them, and Differences arise with respect thereto."

Then Kingsmill Evans Esquire was called in, and sworn; and examined as to the Behaviour of Earl Ferrers, at a Meeting of the Arbitrators, at his House; and what passed there between the said Earl and Mr. Norton, One of the Arbitrators.

And the Counsel for Earl Ferrers not asking him any Questions:

He was directed to withdraw.

And the Counsel for the Bill resting the Proof of the Allegations of the Preamble of the Bill upon what had been offered; the Counsel for Earl Ferrers was asked, "Whether he had any thing to offer against the said Bill?" And acquainted the House, "That he had nothing further to offer than what he had already mentioned; but that he was instructed to desire that Earl Ferrers might be allowed to be heard, by Counsel, against the Bill, in the further Progress, if it should be thought necessary."

The Two Deeds, which, upon Lady Ferrers's Petition, were ordered to be produced by Earl Ferrers, being produced accordingly; the Earl's Counsel was asked, "Whether he would consent that they should be delivered to Lady Ferrers's Agent, to inspect the same, and take Copies of such Parts thereof as he shall think necessary?" And said, "He had no Instructions to give such Consent."

And the Agent for Earl Ferrers acquainting the House, "That he had Authority to consent, that the said Deeds may be left with the Clerk of this House for that Purpose:"

The Counsel were directed to withdraw.

The Bill committed:

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 Tuesday next; and the Lords to be summoned.

Petitions referred to the Committee, and the Petitioners to be heard by Counsel:

Ordered, That the Petition of Selina Countess of Huntingdon, the Petition of the Brothers and Sisters of Earl Ferrers, and the Petition of Ann Shirley Mother of the said Earl, which were this Day presented to this House, and ordered to lie on the Table, be referred to the said Committee; and that the Petitioners may be heard, by their Counsel, upon their said Petitions, before the said Committee, if they think fit.

E. Ferrers to be heard, by Counsel, before the Committee:

Ordered, That Earl Ferrers may be heard, by his Counsel, against the said Bill, before the said Committee, if he thinks fit.

Ordered also, That Mary Countess Ferrers may be heard, by her Counsel, for the said Bill, before the said Committee.

Deeds to be left with the Clerk:

Ordered (by Consent of Earl Ferrers's Agent, signified at the Bar), That the Two Deeds this Day produced, the one bearing Date the 16th of April 1753, and the other bearing Date the 24th of October 1741, be left with the Clerk of this House; and that Earl Ferrers and the Countess Ferrers, or their Agents, be at Liberty to inspect the same, in his Custody, at all seasonable Times; and to take Copies thereof, or of any Parts thereof, at their own Expense, as they shall think fit.

Causes removed.

Ordered, That the Cause which stands appointed for Monday next be put off till Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Exeter Workhouses, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Ninth and Tenth Years of the Reign of His late Majesty King William the Third, intituled, An Act for erecting Hospitals and Workhouses within the City and County of the City of Exon, for the better employing and maintaining the Poor there," 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."

Preston Pans Duty on Beer, Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Twenty-sixth Year of His present Majesty's Reign, intituled, "An Act for laying a Duty of Two Pennies Scots, or a Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town and Parish of Preston Pans, in the Shire of East Lothian, otherwise Haddingtoun, for repairing the Harbour of the said Town; and for other Purposes therein mentioned," 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."

Linlithgow, and other Roads, Bill.

The Earl of Findlater likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act of the Twenty-fifth Year of the Reign of His present Majesty, intituled, "An Act for repairing the Post Road from the City of Edinburgh, through the Counties of Linlithgow and Stirling, from The Boathouse Ford on Almond Water, and from thence to the Town of Linlithgow, and from the said Town to Falkirk, and from thence to Stirling, and also from Falkirk to Kilsyth, and to Inch Bellie Bridge on the Post Road to the City of Glasgow; and for building a Bridge cross Almond Water," 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."

Ottringham Enclosure, Bill.

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

With a Bill, intituled, "An Act to confirm and establish Articles of Agreement, for dividing and enclosing the several Open and Common Fields in Ottringham, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hamsterly Commons, Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Moors and Commons within the Chapelry of Hamsterly, in the Manor of Wolsingham, in the County of Durham."

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 Mr. Bennett and Mr. Lane:

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

Fonblanque and Aubert, Nat. Bill.

Upon reading the Petition of Anthony Fonblanque and Nicholas Baptist Aubert; praying, "That Leave may be given to bring in a Bill, for their Naturalization:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Accordingly, the Lord Sandys presented to the House a Bill, intituled, "An Act for naturalizing Anthony Fonblanque and Nicholas Baptist Aubert."

The said Bill was read the First Time.

Upton Enclosure, Bill.

The Lord Willoughby of Parham (pursuant to an Order of the 21st of February last) presented to the House a Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields in the Hamlet, Township, or Village of Upton, in the Parish of Blewbury, in the County of Berks."

The said Bill was read the First Time.

Apprentices Settlement, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend an Act made in the Third Year of the Reign of King William and Queen Mary, intituled, An Act for the better Explanation and supplying the Defects of the former Laws for the Settlement of the Poor, so far as the same relates to Apprentices gaining a Settlement by Indenture; and also to empower Justices of the Peace to determine Differences between Masters and Mistresses and their Servants in Husbandry, touching their Wages, though such Servants are hired for less Time than a Year."

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 Friday next.

Greme to enter into a Recognizance on Jap's Appeal.

The House being moved, "That Hugh Greme of the City of Westminster Esquire may be permitted to enter into a Recognizance for John Jap and his Wife, on account of their Appeal depending in this House; they living in Scotland:"

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

E. Blesinton & al. against Monsell & al. et è contra.

The House being moved, "That the Cause upon the Cross Appeal of William Monsell and others, to which the Earl of Blesinton is Respondent, may be appointed to be heard at the same Time with the Original Appeal of the said Earl of Blesinton:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, at the same Time with the Original Appeal of the said Earl of Blesinton, as desired.

Ly. Ferrers's Pet. for Production of a Deed:

A Petition of Mary Countess Ferrers was presented, and read; setting forth, "That, upon inspecting the Indenture of Nine Parts, produced before this House, it appears, that the Manors of Astwell and Falcott, in the County of Northampton, Part of the Estate of Earl Ferrers, are not included in that Settlement; and that the Petitioner is informed, that these Estates were settled by the said Earl, in Pursuance of an Order of the Court of Chancery, about the Year 1749, to several Uses therein mentioned; and that the Petitioner is advised, that the said Settlement of the Northamptonshire Estate is a material Evidence for her; and is informed, that the same is in the Hands of Mr. Goostrey the Earl's late Solicitor; and the said Earl hath given his Consent that the same should be produced before their Lordships;" and praying, "That her Counsel or Agent may have Liberty to inspect the said Settlement in the Hands of Mr. Goostrey; and that he may produce the same before the Committee of the whole House, to whom the Bill for settling a Maintenance for the Petitioner, out of the Estate of the said Earl," stands committed.

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Petitioner's Counsel or Agent be at Liberty to inspect the said Settlement in the Hands of the said Mr. Goostrey; and that he do produce the same To-morrow, before the Committee of the whole House, to whom the said Bill stands committed, in case the same is in his Custody or Power.

Witnesses to attend, on Ly. Ferrers's Bill.

Ordered, That John Johnson and John White do attend this House, To-morrow, in order to be examined as Witnesses, before the Committee of the whole House, to whom the said Bill stands committed.

D. of Queensberry's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for confirming a Contract of Lease of Mines between Charles Duke of Queensberry and Dover of the one Part, and Ronald Crawfurd, James Crawfurd, and Daniel Telfer, of the other Part; and for enabling the said Duke and his Heirs of Entail to grant Leases in Terms of the said Contract," stands committed, be revived; and meet on Thursday next.

Madder, Cultivation of to encourage, Bill.

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

With a Bill, intituled, "An Act to encourage the Growth and Cultivation of Madder in that Part of Great Britain called England, by ascertaining the Tithe thereof there;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.