House of Lords Journal Volume 35: March 1778 1-5

March 1778 1-5

DIE Lunæ, 2^o Martii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Haldane against Keith.

Ordered, That the Hearing of the Cause wherein George Haldane Esquire is Appellant, and George Keith, late Earl Marischall, Respondent, which stands appointed for Monday next, be put off to Tuesday the 12th of this instant, March.

America, State of His Majesty's Ships in, Account delivered.

The House being informed, "That Mr. Jackson from the Admiralty Office attended:"

He was called in, and delivered at the Bar, pursuant to an Address to His Majesty of the 25th of February last for that Purpose:

Copy of the last Return of the State and Condition of His Majesty's Ships and Vessels in America, under the Command of Lord Viscount Howe."

And then he withdrew.

And the Title thereof being read by the Clerk:

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

Braybrooke Enclosure Bill.

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

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

Castle Donington Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, and Common Pastures, within the Lordship or Parish of Castle Donington, in the County of Leicester;" to which they desire the Concurrence of this House.

Earl Shilton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commons, in the Lordship of Earl Shilton, in the County of Leicester; to which they desire the Concurrence of this House.

Highworth Enclosure Bill.

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

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

Bazin's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Antoine Bazin;" to which they desire the Concurrence of this House.

Much Wenlock, &c. Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the Twenty-ninth Year of the Reign of His late Majesty, King George the Second, for amending, widening, and keeping in Repair, several Roads leading from the Market-House, in the Town of Much Wenlock, in the County of Salop; and for amending, widening, and keeping in Repair, the Road leading from Gleeton Hill to Cressage, in the said County;" to which they desire the Concurrence of this House.

The said Six Bills were severally read the First Time.

Thanks to Bp. Oxford for his Sermon.

Ordered, That the Thanks of this House be, and are hereby given, to the Lord Bishop of Oxford, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forth with printed and published.

Birches Brook to Buildwas Bridge, &c. Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from the Birches Brook to Buildwas Bridge, and from thence to join the Watling Street Turnpike Road, at Tern Bridge, in the County of Salop," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bristol Theatre Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable His Majesty to license a Theatre, in the City of Bristol," was committed.

South Mims Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of Three Acts of the Third and Seventeenth Years of the Reign of King George the Second, and the Tenth Year of the Reign of His present Majesty, for repairing the Road leading from Galley Corner, adjoining to Enfield Chace, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford," was committed.

Lea Bridge, and Roads Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to continue and enlarge the Term and Powers of an Act, made in the Thirtieth Year of the Reign of King George the Second, for building a Bridge over the River Lea, at or near a Place called Jeremy's Ferry; and for making, repairing, and widening Roads, from thence into the great Roads at Snaresbrook, in the County of Essex, and at Clapton, in the County of Middlesex," was committed.

Clifton upon Calder Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor of Clifton upon Calder, in the West Riding of the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Achurch, Parish Church Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for taking down the Parish Church of Lilford, being a Vicarage united to the Rectory of Achurch in the County of Northampton; and for repairing the Parish Church of Achurch aforesaid; and for other Purposes therein mentioned," was committed.

Birches Brook to Build was Bridge, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Birches Brook to Buildwas Bridge, and from thence to join the Watling Street Turnpike Road at Tern Bridge, in the County of Salop."

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

It was resolved in the Affirmative.

Clifton upon Calder Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Grounds, within the Manor of Clifton upon Calder, in the West Riding of the County of York."

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

It was resolved in the Affirmative.

Bristol Theatre Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to license a Theatre, in the City of Bristol."

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

It was resolved in the Affirmative.

South Mims Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of Three Acts of the Third and Seventeenth Years of the Reign of King George the Second, and the Tenth Year of the Reign of his present Majesty, for repairing the Road leading from Galley Corner, adjoining to Enfield Chace, in the Parish of South Mims, in the County of Middlesex, to Lemsford Mill, in the County of Hertford."

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

It was resolved in the Affirmative.

Lea Bridge and Roads Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and enlarge the Term and Powers of an Act made in the Thirtieth Year of the Reign of King George the Second, for building a Bridge over the River Lea, at or near a Place called Jeremy's Ferry; and for making, repairing, and widening Roads from thence into the great Roads at Snaresbrook, in the County of Essex, and at Clapton, in the County of Middlesex."

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

It was resolved in the Affirmative.

Achurch, Parish Church Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for taking down the Parish Church of Lilford, being a Vicarage united to the Rectory of Achurch, in the County of Northampton; and for repairing the Parish Church of Achurch aforesaid; and for other Purposes therein mentioned."

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. Pechell and Mr. Eames:

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

Luttrell's Bill, Petition against.

Upon reading the Petition of the Honourable Henry Lawes Luttrell, setting forth, "That the Petitioner having perused the Report made to their Lordships, by the Judges, to whom the Petition of the Honourable Temple Simon Luttrell, Esquire, praying Leave to bring in a Bill to enable him to make a Jointure on his intended Wife was referred; with Concern observes, that the Reasons which induced him to withhold his Consent to the said Bill have been mis understood. That the Petitioner begs Leave to state, that he did not then, nor does he now, withhold his Consent, because Lord Irnham will not concur in making a Jointure on the Petitioner's Wife; on the contrary, he does not seek or expect from Lord Irnham, what, upon any Contingency, can affect his Lordship's Life Estate. That the Petitioner then expressed his Desire, and he conceived it to be reasonable, that before he gave his Consent to give up his Right in the Estate to which he is the Tenant in Tail in being, so far as to enable his Brother Temple Simon Luttrell to make a Jointure out of the same on Miss Gould his intended Wife, that he the said Temple Simon Luttrell should covenant, that, in case he the said Temple Simon Luttrell should, by the Decease of the Petitioner before his Father Lord Irnham, without leaving Issue Male, come into Possession of those Estates of the said Lord Irnham, to which the Petitioner would succeed as Tenant in Tail immediately after his said Father's Decease, that then the said Temple Simon Luttrell would grant and secure a Jointure on the present Wife of the Petitioner, to commence on the Death of the said Lord Irnham. That the said Temple Simon Luttrell did not then, nor yet does assent to the entering into such Covenant as aforesaid. That as soon as the said Temple Simon Luttrell shall have executed a good and sufficient Covenant, to be approved of by such Counsel learned in the Law as the Petitioner shall think it necessary to consult for the Purpose aforesaid, that then the Petitioner will no longer withhold his Consent to the Bill now before their Lordships. But that, until such Jointure, to be secured as aforesaid, shall be made, the Petitioner will not give up his Right in the said Estate, nor give his Consent to the present Bill; nor can his refusing the said Consent be thought unreasonable, because, should the Petitioner happen to die before Lord Irnham, the said Temple Simon Luttrell would be then Tenant in Tail to Estates of Four Times the Value of that out of which he now seeks a Jointure, and, should he survive, would come into immediate Possession of the greatest Part of those Estates, unincumbered not only with a Jointure to the Petitioner's Wife, but the Jointure of his own Wife would remain an Incumbrance upon an Estate, which, in case of the said Temple Simon Luttrell becoming an eldest Son in the Life-time of his Father, according to the evident Intention of their common Benefactor, ought to descend unincumbered to his next Brother: And further, because it depends entirely on the said Temple Simon Luttrell to obtain it by his own Act; and such Jointure upon the Petitioner's Wife would not take place save in an Event very unlikely to happen, in return for the Petitioner's consenting to a Bill for the Purpose of making a Jointure on the Wife of the said Temple Simon Luttrell. And, therefore, the Petitioner relying upon their Lordships Justice, humbly hopes that his Interest in the said Estate shall not be defeated, and that the said Bill may not be suffered to proceed."

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

Lathom and Ske mersdale, Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manors of Lathom and Skelmersdale, in the Parish of Ormskirk, in the County Palatine of Lancaster."

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

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

Isham Enclosure Bill.

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

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

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

Bullock et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Bullock Esquire and Elizabeth his Wife, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Settled Estate of John Bullock Esquire and Elizabeth his Wife, in the County of Chester, in Trustees, to be sold, for raising Money to discharge an Incumbrance thereon; and laying out the Surplus in the Purchase of Lands and Hereditaments, to be settled to the Uses limited of the said Settled Estate."

Bp. Durham Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Reverend Father in God John Lord Bishop of Durham, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the several Yearly Rents and Copyhold Fines payable to the Lord Bishop of Durham and his Successors, and issuing out of the several Messuages, Lands and Tenements, within the Manor of Howden, in the East Riding of the County of York, in Trustees, to be sold; and for enabling the said Lord Bishop of Durham and his Successors, to enfranchise the several Customary or Copyhold Messuages, Lands and Tenements, within the said Manor; and for applying the Money arising from such Sale and Enfranchisement, in the Manner therein mentioned."

Worsop Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of John Arthur Worsop Esquire, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable John Arthur Worsop (heretofore called John Arthur) Esquire, to settle a Jointure upon any Woman or Women he may hereafter marry, on the Terms therein mentioned."

Luttrell's Bill rejected.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to enable the Honourable Temple Simon Luttrell Esquire, to settle a Jointure upon Elizabeth Gould his intended Wife;" and for the Lords to be summoned:

It was moved, "That the said Bill be now read a Second Time:"

Which being objected to:

The Question was put thereupon?

It was resolved in the Negative.

Ordered, That the said Bill be rejected.

The Order of the Day being read for taking into further Consideration the State of the Nation; and for the Lords to be summoned:

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time,

The House was resumed.

America, Resolutions relative to Ships employed in, &c. negatived.

Then it was moved to resolve, "That it appears to this House, That Eighty-three of His Majesty's Ships and Vessels of War, exclusive of Fire-Ships, Bomb Vessels, Store Ships, and Small Craft, bought up in America, have been employed there since the Year 1774; that the Complements of the above-said Ships and Vessels, Marines included, amounted to 22,337 Men; out of which Number have been lost by Desertion 1,969, by Captivity 417, by Death and rendered unserviceable 1,928; and therefore that the Whole Loss of Seamen and Marines belonging to the abovesaid Ships and Vessels amounts to 4,314 Men."

Which being objected to, and a Question stated thereupon:

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Then it was moved to resolve, "That it appears to this House, That Forty-two Ships of the Line of Battle are now in Commission in Great Britain, and on Home Service."

Which being objected to, and a Question stated thereupon:

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Then it was moved to resolve, "That it appears to this House, That a considerable Number of the said Forty-two Ships of the Line of Battle are not manned, nor fit for Sea."

Which being objected to, and a Question stated thereupon:

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Then it was moved to resolve, "That it appears to this House, That 11 Frigates, 14 Sloops, and 11 Cutters, are now in Commission in Great Britain for Home Service, and that they are short of Complement upon the whole Number 397 Men."

Which being objected to, and a Question stated thereupon:

The previous Question was put, "Whether the said Question shall be now put?"

It was resolved in the Negative.

Then it was moved to resolve, "That it appears to this House, That His Majesty's Ship Panther of 50 Guns, and Andromeda Frigate, are also in Commission, but not manned; and that there are also in Commission Four of His Majesty's Yachts, mustering 159 Men, Seven Store Ships, Six of which appear to have been lately purchased into the King's Service, and Eight hired armed Ships, of which no Returns appear to have been made by the Officers who command them."

Which being objected to, and a Question stated thereupon:

The previous Question was put, "Whether the said Question shall be now put?

It was resolved in the Negative.

Ordered, That the further Consideration of the State of the Nation be adjourned to Thursday the 12th of this instant March; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 3^o Martii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Co'tart against Maxwell et al.

The Answer of Winifred Maxwell of Nithsdale, and others, to the Appeal of John Coltart of Arceming, Writer, in Dumfries, was this Day brought in.

Luttrell against Ld. Irnham.

Ordered, That the Hearing of the Cause wherein the Honourable Henry Lawes Luttrell is Appellant, and Simon Lord Irnham is Respondent, which stands appointed for this Day, be put off to Tuesday next.

Causes put off.

Ordered, That the Hearing of the Cause wherein the Right Honourable Thomas Earl of Bective is Appellant, and Robert Hamilton and others are Respondents, et e contra, which stands appointed for To-morrow, be put off to Wednesday the 11th of this instant March; and that the rest of the Causes be removed in Course.

E. Selkirk against Douglas et al.

The House was moved, "That the Petition of Dunbar Earl of Selkirk, Appellant in a Cause depending in this House, to which Archibald Douglas Esquire and others are Respondents; and also Respondent in another Cause depending in this House, in which Douglas Duke of Hamilton and Brandon is Appellant, presented to this House on the 26th of February last, might be read."

The same was accordingly read by the Clerk.

Ordered, That the Time for the Delivery of the printed Cases in the said Causes be enlarged to Friday the 13th of this instant March; and that the Hearing of the said Causes which stand appointed for Wednesday the 25th of this instant March, be put off to Monday the 30th of this instant March.

Bussleton Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common or Waste Ground, called Brislington, otherwise Bussleton Common, in the Parish of Brislington, otherwise Bussleton, in the County of Somerset," 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."

Lathom and Skelmersdale 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 several Commons and Waste Grounds, within the Manors of Lathom and Skelmersdale, in the Parish of Ormskirk, in the County Palatine of Lancaster," was committed.

Isham Enclosure Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands and Waste Grounds, in the Parish of Isham, in the County of Northampton," was committed.

Bussleton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common or Waste Ground called Brislington, otherwise Bussleton Common, in the Parish of Brislington, otherwise Bussleton, in the County of Somerset."

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

It was resolved in the Affirmative.

Lathom and Skelmersdale Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Commons and Waste Grounds, within the Manors of Lathom and Skelmersdale, in the Parish of Ormshirk, in the County Palatine of Lancaster."

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

It was resolved in the Affirmative.

Isham Enclosure Bill:

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

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

It was resolved in the Affirmative.

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

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

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

Castle Donington Enclosure Bill.

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

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

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

Highworth Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Common Meadows, Common Pastures, and other Commonable and Waste Lands, within the Parish of Highworth, in the County of Wilts."

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.

Bazin's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Antoine Bazin."

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.

North America Commissioners Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act to enable His Majesty to appoint Commissioners with sufficient Powers to treat, consult, and agree upon the Means of quieting the Disorders now subsisting in certain of the Colonies, Plantations, and Provinces of North America;" to which they desire the Concurrence of this House.

North America, removing Doubts concerning Taxation, Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain, in any of the Colonies, Provinces, and Plantations in North America and the West Indies; and for repealing so much of an Act, made in the Seventh Year of the Reign of His present Majesty, as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relates thereto;" to which they desire the Concurrence of this House.

Massachusets Bay Charter Act, to repeal, Bill.

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

With a Bill, intituled, "An Act for repealing an Act, passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for the better regulating the Government of the Province of the Massachusets Bay in New England;" to which they desire the Concurrence of this House.

Sapperton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing the Open Common Fields, Common Pastures, and all other Commonable Lands, in the Tithings of Frampton and Hayley, in the Parish of Sapperton, in the County of Gloucester;" to which they desire the Concurrence of this House.

The last-mentioned Bill was read the First Time.

North America Commissioners Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable His Majesty to appoint Commissioners with sufficient Powers to treat, consult, and agree upon the Means of quieting the Disorders now subsisting in certain of the Colonies, Plantations, and Provinces of North America."

Ordered, That the said Bill be read a Second Time on Thursday next, and the Lords summoned.

Ordered, That the said Bill be printed.

North America, removing Doubts concerning Taxation, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain, in any of the Colonies, Provinces, and Plantations in North America and the West Indies; and for repealing so much of an Act made in the Seventh Year of the Reign of His present Majesty, as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relates thereto."

Ordered, That the said Bill be read a Second Time on Thursday next, and the Lords summoned.

Ordered, That the said Bill be printed.

Massachusets Bay Charter Act, to repeal, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repealing an Act passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for the better regulating the Government of the Province of the Massachusets Bay in New England."

Ordered, That the said Bill be read a Second Time on Thursday next, and the Lords summoned.

Ordered, That the said Bill be printed.

Much Wenlock, &c. Road Bill.

Hodie 2^a 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 late Majesty King George the Second, for amending, widening, and keeping in Repair several Roads leading from the Market House in the Town of Much Wenlock, in the County of Salop; and for amending, widening, and keeping in Repair the Road leading from Gleeton Hill to Cressage, 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 Thursday next, at the usual Time and Place; and to adjourn as they please.

Bp. Durham's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the several Yearly Rents and Copyhold Fines payable to the Lord Bishop of Durham and his Successors, and issuing out of the several Messuages, Lands and Tenements, within the Manor of Howden, in the East Riding of the County of York, in Trustees, to be sold; and for enabling the said Lord Bishop of Durham and his Successors, to enfranchise the several Customary or Copyhold Messuages, Lands and Tenements, within the said Manor; and for applying the Money arising from such Sale and Enfranchisement, in the Manner therein mentioned."

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

Their Lordships, or any Five of them, to meet on Wednesday the 18th Day of this instant March, at the usual Time and Place; and to adjourn as they please.

Worsop's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Arthur Worsop (heretofore called John Arthur) Esquire, to settle a Jointure upon any Woman or Women he may hereafter marry, on the Terms therein mentioned."

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

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

Harington's Petition referred to Judges.

Upon reading the Petition of Richard Harington Clerk, for and on the Behalf of his only Son Arthur Champernowne, an Infant, late Arthur Harington, by Jane his late Wife, deceased; which said Jane was the Daughter and only Child of Arthur Champernowne Esquire, deceased; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Maxwell et al. against Coltart.

Upon reading the Petition and Cross Appeal of Winifred Maxwell of Nithsdale, only lawful Daughter and Heiress of the deceased William Maxwell of Nithsdale, and William Hoggerstone Maxwell Constable, of Nithsdale and Everingham in the County of York, Esquire, her Husband, John Gordon of Kenmore, John Fraser Elder, and James Fraser Younger, of Upper Bar, John Maxwell of Ferraughty, Robert Dun of Corse, John Bushby Writer in Dumfries, Elizabeth Walker otherwise M^cNaught, the Wife of Mr. Robert Walker Minister of Mockrum, Agnes Calland otherwise M^cNaught, the Wife of James Calland Merchant in Glasgow, and the said Mr. Robert Walker and James Calland, for their Interests, Margaret Tait Relict of William Gordon of Craig, Robert Gordon of Craig, and William Fraser and Joseph Fraser, Sons of the deceased Joseph Fraser of Little Cocklick, and Thomas Stothart Writer in Dumfries; complaining of Six Interlocutors of the Lord Ordinary in Scotland, of the 24th of June and 8th of July 1773, and the 13th, 20th, and 27th of July, and 3d of August 1775; and of an Interlocutor of the Lords of Session there of the 6th of February 1776; and also of another Interlocutor of the said Lords of the 13th of January 1778; except in so far as the Petitioners are thereby liberated from the Pursuer's Claim to the full Rents, Maills and Duties of their Lands from the Citation in the Process; 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 proper; and that John Coltart of Arceming, Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said John Coltart may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing on or before Tuesday the 31st Day of this Instant March; and Service of this Order upon any of the known Counsel or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.

Rann and Taylor against Hughes, in Error.

A Petition of Isabella Hughes, Defendant in a Writ of Error depending in this House, to which Joseph Rann and Arthur Taylor are Plaintiffs, was presented and read; setting forth, "That this Cause stands the Fourth in their Lordships Paper of Causes for hearing; that the Petitioner is advised the Matters of Error are founded upon legal Questions, and that it will be therefore necessary the Judges before whom the said Errors have been already argued, should be present at the hearing; but as they, as well as the Petitioners Counsel, will be set out on their respective Circuits before the Cause can come on to be heard in its present Course; the Petitioner therefore humbly prays their Lordships will be pleased to adjourn the hearing of this Cause till after the Judges shall have returned from their respective Circuits, or to make such other Order in the Premises, as to them 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 adjourned to Monday the 6th Day of April next.

Luttrell's Petition referred to Judges.

Upon reading the Petition of the Honourable Temple Simon Luttrell, praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Blackstone, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Cullimore and Limbrick, Leave to present Appeal.

Upon reading the Petition of Joseph Cullimore and Joseph Limbrick, setting forth, "That the Petitioners are much aggrieved by a Decree pronounced by the Court of Exchequer on the 17th of November 1777; that the said Decree was not made up and entered till the 20th of February last, whereby the Petitioners, as they apprehended, were prevented from complying with their Lordships Standing Order relating to the Time limited for bringing Appeals;" and therefore praying, "That they may be at Liberty to present their Appeal, notwithstanding the same is not strictly within Time:"

It is ordered, That the Petitioners be at Liberty to present their said Appeal as desired.

Cullimore and Limbrick against Bosworth.

Accordingly, Upon reading the Petition and Appeal of Joseph Cullimore and Joseph Limbrick, complaining of a Decree of the Court of Exchequer of the 17th of November 1777, directing them to set out their Tythe of Milk in Manner therein mentioned, and to pay the same, and the Costs of the Suit relating thereto: and praying, That the same may be reversed, 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 the Reverend John Bosworth Doctor in Divinity, may be required to answer the said Appeal:"

It is Ordered, That the said John Bosworth may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 17th Day of this Instant March.

Stokes and Wagner against Paterson.

The House being informed, "That John Paterson, Executor of Robert Paterson deceased, Respondent to the Appeal of Nehemiah Stokes and Christian Wagner, both of the City of London, Merchants, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit of James Gordon of the City of Dublin, Yeoman, of the due Service of the said Order, being read:

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

Short against Munro et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Thomas Short is Appellant, and Donald Munro and others are Respondents:"

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

Mutiny Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

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

Northallerton Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty, for widening and repairing the High Road leading from Northallerton to the South Wall of the Church Yard of the Town of Thirsk, and from the South East End of the Street called Finkell Street, in Thirsk aforesaid, to and through the Town of Easingwould, in the County of York, to a Place called Burton Stone, near the City of York; and also the Road from Thirsk aforesaid to Topcliffe, in the North Riding of the County of York;" to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 5^o Martii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Highworth Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Common Meadows, Common Pastures, and other Commonable and Waste Lands, within the Parish of Highworth, in the County of Wilts," 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."

Castle Donington 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 Fields, Meadows, and Common Pastures, within the Lordship or Parish of Castle Donington, in the County of Leicester," was committed.

Much Wenlock. &c. Road Bill.

The Lord Scarsdale also reported 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 late Majesty King George the Second, for amending, widening and keeping in Repair, several Roads leading from the Market House in the Town of Much Wenlock, in the County of Salop; and for amending, widening and keeping in Repair, the Road leading from Gleeton Hill to Cressage, in the said County," 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."

Bazin's Naturalization Bill.

The Lord Scarsdale made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Antoine Bazin," was committed.

Highworth Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Common Meadows, Common Pastures, and other Commonable and Waste Lands, within the Parish of Highworth, in the County of Wilts."

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

It was resolved in the Affirmative.

Castle Donington Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, and Common Pastures, within the Lord ship or Parish of Castle Donington, in the County of Leicester."

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

It was resolved in the Affirmative.

Much Wenlock, &c. Road Bill:

Hodie 3^a 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 late Majesty King George the Second, for amending, widening and keeping in Repair, several Roads leading from the Market House in the Town of Much Wenlock, in the County of Salop; and for amending, widening and keeping in Repair, the Road leading from Gleeton Hill to Cressage, in the said County."

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

It was resolved in the Affirmative.

Bazin's Naturalization Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Antoine Bazin."

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

It was resolved in the Affirmative.

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

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

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

Huntspill Rectory Bill.

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

With a Bill, intituled, "An Act for annexing a Portion of the Rectory, and of the Rectory Manor thereto belonging, of Huntspill, in the County of Somerset, to the office of Master of Baliol College in Oxford;" to which they desire the Concurrence of this House,

Whistle Bridge Road Bill.

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

With a Bill, intituled, "An Act for amending, widening, turning, altering, and keeping in Repair the Roads from Whistle Bridge, in the Parish of Barwick, in the County of Somerset, to the Turnpike Road in the Parish of Charminster, in the County of Dorset; and from the Cross in the Town of Maiden Newton to a Stream of Water in the Parish of South Perrott, in the County of Dorset; and from a Place called Furzmoor Gate, in the Parish of Broad Winsor, to Lenham's Water, in the Parish of Beamister; and from Bugler's Corner in the Town of Beamister, to the Dorsetshire Inn, in the Parish of Woolcombe; and from Upsydling Ewe Leaze to the Town of Cerne Abbas; and from the Town of Frampton to join the Western Turnpike Road near Steepleton, in the said County of Dorset;" to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

Campbell's Petition for a Divorce Bill read:

The House was moved, "That the Petition of John Hooke Campbell of Bangeston, in the County of Pembroke, Esquire, Lord Lyon King at Arms for that Part of the Kingdom of Great Britain called Scotland; praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Eustacia his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; presented to the House on Wednesday the 11th of February last, might be read:"

The same was accordingly read by the Clerk.

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

Bill presented.

Whereupon, The Lord Scarsdale presented to the House a Bill, intituled, "An Act to dissolve the Marriage of John Hooke Campbell Esquire, with Elizabeth Eustacia 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 Friday the 20th of this Instant March, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Hooke Campbell 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 Elizabeth Eustacia 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 the may have to offer against the said Bill at the same Time.

Mutiny Bill.

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

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

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

Bullock's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Settled Estate of John Bullock Esquire and Elizabeth his Wife, in the County of Chester, in Trustees, to be fold, for raising Money to discharge an Incumbrance thereon; and laying out the Surplus in the Purchase of Lands and Hereditaments, to be settled to the Uses limited of the said Settled Estate."

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 the 20th Day of this Instant March, at Ten o'clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Earl Shilton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, and Commons, in the Lordship of Earl Shilton, 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 on Tuesday next, at the usual Time and Place; and to adjourn as they please.

Campbell &al. Petition refered to Judges.

Upon reading the Petition of Walter Campbell Esquire of Shawfield, for himself, and on Behalf of John Campbell, Robert Campbell, Daniel Campbell, Eleonora Campbell, Hennerett Campbell, Glencairn Campbell, and Margaret Campbell, his Children, all Infants under the Age of Fourteen Years; Katharine Campbell, Second Daughter of the deceased Walter Campbell Esquire, and Wife of Sir James Campbell of Ardkinless, Baronet, Alexander Campbell, Eldest Son procreate betwixt the said Dame Katharine Campbell and Sir James Campbell; the said Sir James Campbell for himself, and in Behalf of Stuart Campbell, Lorne Campbell, and Living stone Campbell, his other Children, procreate betwixt him and said Dame Katharine Campbell, all Infants under the Age of Fourteen; and Margaret Campbell, eldest Daughter of Daniel Campbell of Shawfield, deceased; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Deane's Petition referred to Judges.

Upon reading the Petition of Anthony Deane the Younger, Esquire, on Behalf of himself and Thomas Anthony Deane his eldest Son, an Infant, and his other Children, who are also Infants; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Brooke and Warwick et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable the Earl of Brooke and Warwick, the Honourable and Right Reverend the Lord Bishop of Worcester, and the Honourable and Reverend Robert Foley Dean of Worcester; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Coltart against Maxwell et al. et. contra.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Coltart Esquire is Appellant, and Winifred Maxwell and others are Respondents, et e contra:

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.

Ld. Foley's Petition for a Bill: Judges Report.

The Report of the Judges, to whom was referred the Petition of the Right Honourable Thomas Lord Foley Baron of Kidderminster, and the Honourable Edward Foley his Brother, 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 Your Lordships Order of the 11th Day of this present Month of February, hereunto annexed, we have been attended by the Right Honourable Thomas Lord Foley, the Honourable Edward Foley, the Honourable Andrew Foley, Robert Foley Doctor in Divinity, and by the Counsel and Agents for the Right Honourable James Earl of Clanbrassill and Grace Countess of Clanbrassill, Edward Winnington and the Honourable Ann Winnington his Wife, the Honourable Mary Foley, and Mrs. Sarah Tomlinson; and in their Presence have considered the said Petition and Bill, and enquired into the Allegations therein contained:

"And we find, That by Articles of Agreement dated the Sixteenth of March One thousand seven hundred and seventy-six, executed previous to the Marriage of Thomas now Lord Foley with the Right Honourable Harriot Lady Foley his Wife, the Right Honourable Thomas Lord Foley, lately deceased, covenanted with the Right Honourable William Earl of Harrington, Father of the said Harriot Lady Foley, within Three Years next after the said Marriage should be had, to convey Messuages and Hereditaments that should be of the yearly Value of Two thousand five hundred Pounds, to the Intent that if the Marriage should take Effect, and the said Harrict Lady Foley should survive the said Thomas now Lord Foley, she should from the Time of his Decease, have and receive thereout, during her Life, a yearly Rent Charge of One thousand five hundred Pounds, clear of Taxes and all other Outgoings, to be paid Quarterly, with the usual Powers of Entry, Distress, and Perception of the Rents and Profits of the Hereditaments so to be conveyed, and subject thereto, to the Use of Trustees for the Term of Ninety-nine Years, for the better securing the Payment of the said yearly Rent Charge of One thousand five hundred Pounds, which was to be in full of her Right to Dower.

"That the said Marriage was soon afterwards solemnized; but the said Thomas Lord Foley, lately deceased, did not in his Life-time make any Settlement or Conveyance of any Lands or Hereditaments for securing the Payment of the said yearly Rent Charge of One thousand five hundred Pounds.

"That the said Thomas Lord Foley, lately deceased, by his Will, dated the Nineteenth Day of June One thousand seven hundred and seventy-seven, directed in the first Place, that all his worldly Estate should be subject to the Payment of all his just Debts, Funeral Expences, Legacies, and an Annuity therein mentioned; and devised the Manor and Capital Messuage of Great Witley, and other Hereditaments therein mentioned, situate in the Counties of Worcester, Stafford, Middlesex, Salop, and Hereford, or any of them (except as therein is excepted), whether Freehold, Copyhold or Leasehold (subject nevertheless to the Charge therein mentioned for making up the Deficiency, if any should arise, in paying the pecuniary Legacies therein-after mentioned, or by any Codicil, Testamentary Schedule, or other Papers by him wrote or signed to be given or bequeathed) to and to the Use of his Brother the said Robert Foley, and Abraham Turner, their Executors, Administrators and Assigns, for the Term of Ninety-nine Years, to commence from the Day of his Decease, without Impeachment of Waste, upon the Trusts, and for the Intents and Purposes therein and herein after mentioned; Remainder to the said Thomas now Lord Foley for his Life, with Remainder to Trustees and their Heirs to support the contingent Remainders; Remainder to other Trustees therein named, for the Term of One hundred Years, to commence from the Decease of the said Thomas now Lord Foley, in Trust for raising a Jointure for any Wife or Wives the said Thomas now Lord Foley should thereafter marry, not exceeding the clear yearly Sum of One thousand five hundred Pounds, and the same to be in Bar of Dower; Remainder to other Trustees therein named, for the Term of One thousand Years, to commence from the Death of the said Thomas now Lord Foley, in Trust by the Ways and Means therein mentioned to raise any Sum or Sums of Money not exceeding in the Whole the Sum of Thirty thousand Pounds for the Portions of the younger Children of the said Thomas now Lord Foley; Remainder to the First and every other Son of the said Thomas now Lord Foley successively in Tail Male; Remainder to the said Edward Foley for his Life, with the like Powers for making Jointures and charging Portions thereon for younger Children, as was therein before given to his eldest Brother, Remainder to Trustees to preserve contingent Remainders; Remainder to his First and other Sons successively in Tail Male; Remainder to the said Andrew Foley for his Life, with the like Powers of making Jointures and charging Portions for his younger Children, as was therein-before given to his eldest Brother Thomas now Lord Foley, Remainder to Trustees to preserve contingent Remainders; Remainder to his First and other Sons successively in Tail Male; Remainder to the said Grace Countess of Clanbrassill for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and every other Sons successively in Tail Male; Remainder to the said Mary Foley for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and other Sons successively in Tail Male; Remainder to the said Ann Winnington for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and every other Son successively in Tail Male; Remainder to all and every the Daughter and Daughters of the said Thomas now Lord Foley in Tail general, to be equally divided between them (if more than One) as Tenants in Common; Remainder to all and every the Daughter and Daughters of the said Edward Foley in Tail general, as Tenants in common; Remainder to all and every the Daughter and Daughters of the said Andrew Foley in Tail general, as Tenants in common; Remainder to all and every the Daughter and Daughters of the said Grace Countess of Clanbrassill, Mary Foley, and Ann Winnington, severally and successively, One after the other, in like Manner as to the Daughter and Daughters of the said Thomas now Lord Foley, Edward Foley, and Andrew Foley; Remainder to his Brother the said Robert Foley in Tail general; Remainder to his Sister the said Sarah Tomlinson, her Heirs and Assigns for ever.

"And the said Thomas Lord Foley, lately deceased, by his said Will devised several Leasehold Estates therein mentioned to the same Uses as the said Manor or Lordship and Capital Messuage of Great Witley were therein-before limited, or as near thereto as by the Tenure thereof the same could or might be bequeathed or limited.

And the said Thomas Lord Foley, lately deceased, by his Will devised all that his Capital Messuage or Mansion House, and the Parks and Hereditaments called Stoke Court, and several other Hereditaments in the County of Hereford, and also all that the Manor of Malvern in the County of Worcester, to the said Robert Foley and Abraham Turner, their Executors, Administrators and Assigns, for the Term of One hundred and one Years, to commence from the Day of his Decease, without Impeachment of Waste, upon the Trusts therein-after mentioned; Remainder to the said Edward Foley for his Life; Remainder to Trustees to preserve contingent Remainders; Remainder to other Trustees therein named, their Executors, Administrators and Assigns, for the Term of One hundred and two Years, to commence from the Decease of the said Edward Foley, in Trust for raising a Jointure or Jointures for any Wife or Wives the said Edward Foley should thereafter happen to marry, in Bar of Dower, not exceeding the clear yearly Sum of Nine hundred Pounds; Remainder to other Trustees therein named, for the Term of Five hundred Years, to commence from the Day of the Decease of the said Edward Foley, in Trust for raising Portions for the younger Children of the said Edward Foley, not exceeding in the Whole the Sum of Ten thousand Pounds; Remainder to the First and every other Son of the said Edward Foley successively in Tail Male; Remainder to the said Andrew Foley for Life, with the like Powers of limiting Jointures to his present Wife or any other Wives, and of charging Portions thereon for younger Children, as was therein-before given to his said Second Brother; Remainder to Trustees to preserve contingent Remainders; Remainder to his First and every other Son and Sons successively in Tail Male; Remainder to the said Thomas now Lord Foley for Life, Remainder to Trustees to preserve contingent Remainders; Remainder to his First and every other Son successively in Tail Male; Remainder to the said Mary Foley for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and every other Son successively in Tail Male; Remainder to the said Ann Winnington for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and every other Son successively in Tail Male; Remainder to the said Grace Countess of Clanbrassill for her Life, Remainder to Trustees to preserve contingent Remainders; Remainder to her First and every other Son successively in Tail Male; Remainder to all and every the Daughter and Daughters of the said Edward Foley in Tail general, as Tenants in common; Remainder to all and every the Daughter and Daughters of the said Andrew Foley, Thomas now Lord Foley, Mary Foley, Ann Winnington, and Grace Countess of Clanbrassill, severally and successively, One after another, in the same Manner as the said Estate was thereby limited to the Daughter and Daughters of the said Edward Foley; Remainder to the said Robert Foley in Tail general, with the Reversion in Fee to the said Sarah Tomlinson, her Heirs and Assigns. And as to the said several Terms of Ninety nine Years, and One hundred and one Years, therein limited to the said Robert Foley and Abraham Turner, their Executors, Administrators and Assigns, we find that the same Terms were so respectively limited to them upon Trust, that they the said last-named Trustees, and the Survivor of them, his Executors, Administrators and Assigns, should yearly receive the Rents and Profits of all and every the Premises comprized in the said several Terms, and should from Time to Time fall and cut down so much and such Parts of the Timber, Wood and Underwood, growing upon or within the Manors, Lands and Hereditaments, comprized in the same Terms, as they or the Survivor of them, his Executors, Administrators or Assigns, should in his or their Judgement or Discretion think proper to be fallen, not exceeding in any One Year the clear Sum of Three thousand Pounds (without defacing or disfiguring the ornamental Plantations in or near the several Parks or Capital Mansion Houses of Great Witley and Stoke aforesaid), and to pay off so much of the Money arising from those Funds as would be sufficient, (with the Rents and Arrears of Rent of the Premises comprized in the said Terms of Ninety nine Years and One hundred and one Years, that should be due at the said Testator's Decease, which he also gave and bequeathed to them his said last named Trustees as aforesaid) in Manner following, that is to say; in the first Place, according to their Will and Pleasure, and no other Ways, to allow yearly and every Year, or oftener, to or for the Use or Benefit of the said Thomas now Lord Foley and Edward Foley, any Sum or Sums of Money not exceeding in the Whole in any One Year the Sum of Six thousand Pounds, until such of the Debts of the said Thomas now Lord Foley and Edward Foley as were therein provided for, and should be due at the Testator's Decease, were first paid and discharged, but so as the said Thomas now Lord Foley and Edward Foley, or either of them, should have no other Estate, Right, Title, Claim or Interest, in the Rents, Issues and Profits of his said Manors and Hereditaments comprized in the said Terms, for and during their respective Lives, and the Life of the Survivor of them, than the said Robert Foley and Abraham Turner, and the Survivor of them, and the Executors, Administrators, and Assigns of such Survivor, should, in their absolute, free and uncontrouled Power, Discretion and Inclination, think proper and expedient; and in the next Place, thereout to pay so much of the Principal Sum, and Interest due upon a Mortgage by the said Thomas Lord Foley, lately deceased, and by Thomas now Lord Foley, made unto Robert Child Esquire, dated the Second Day of July One thousand seven hundred and seventy-three, and as should be unsatisfied at his Decease; and in the next Place, thereout to pay and discharge all such the Debts of the said Thomas now Lord Foley and Edward Foley, and the Interest due thereon respectively, as in any Schedule or Schedules thereunto annexed, or in any other Schedule or Schedules by the said Thomas Lord Foley, lately deceased, to be thereafter made and subscribed should be contained, or as they the said lastnamed Trustees in their Judgement and Discretion should think fit and expedient, but so as no One of the Creditors of the said Thomas now Lord Foley and Edward Foley, other than such whose Debts should be so scheduled, should have any Lien upon or Power over any of the Hereditaments and Premises comprized in the said several Terms of Ninety-nine Years and One hundred and one Years, or in either of them, or on the Timber growing thereon, or on the Money arising or to arife thereby, in any Manner whatfoever; and that after the Decease of the Survivor of the said Thomas now Lord Foley and Edward Foley, the Payment of the said Mortgage Money, and of all the said Schedule and other Debts therein-before mentioned, and also the Costs, Charges, and Expences of the said Trustees, and the Survivor of them, and the Executors, Administrators and Assigns of such Survivor (which they were thereby authorized to deduct and retain out of the Rents of the said Premises), the said Terms should wait upon and attend the Inheritance of the said Hereditaments and Premises comprized in the same Terms. And that the said Thomas Lord Foley, lately deceased, did by his said Will authorize the said last-named Trustees, and the Survivor of them, his Executors, Administrators and Assigns, to demise all the Hereditamen s and Premises comprized in the said Terms of Ninety-nine Years and One hundred and one Years (except the said capital Messuages of reat Witley and Stoke aforesaid, and the Parks and Demesne Lands belonging) for any Term or Number of Years not exceeding Twenty-one Years, and to take such Fines as they should in their Discretion think proper, so that the Rents then payable in respect of the said Hereditaments and Premises should not be lessened or diminished; and that the said Testator did by his said Will direct, that all such Legacies as he should give or bequeath thereby, or by any Codicil or Codicils, Testamentary Schedule or Schedules, or by any other Paper by him wrote and signed, (together with an Annuity of Twenty Pounds, to be paid Half-yearly out of his said Estates at Witley, in the said County of Worcester, to Mary Price, the said Testator's Housekeeper, for her Life, which he gave her, commencing from the Day of his Decease,) should be paid and discharged by and out of his Personal Estate (not hereinbefore specifically given) by his Executors and Executrixes and Residuary Legatees therein named; but that in case his Personal Estate should not be sufficient to pay the pecuniary Legacies mentioned in his said Will, and in such Codicil or Codicils, Testamentary Schedule or Schedules, or other Paper to be by the said Testator wrote, signed or mentioned, the said Testator did by his said Will subject and charge all and every the Hereditaments and Premises thereinbefore given and devised to the said Testator Thomas Lord Foley then deceased, and not thereby devised to be sold, with the Payment of so much thereof as his the said Testator's Personal Estate, not therein-before specifically given, should not be sufficient to pay. And that the said Thomas Lord Foley, lately deceased, by his said Will further devised all that the Manor or Lordship of Broughall, and all other his Messuages, Lands and Hereditaments, in the County of Stafford; and all his Hereditaments and Premises in the County of Gloucester, not therein-before devised; and also his Freehold Hereditaments and Premises in the County of Middlesex (except as therein is excepted) to and to the Use of the said last-named Trustees, their Heirs and Assigns, in Trust to sell the same for the best Price that could be got for the same, and that the Receipt of the said Trustees should be a sufficient Discharge to the Purchaser or Purchasers thereof for the Purchase Money; and that the said last-mentioned Trustees, and the Survivor of them, and the Heirs of such Survivor, should apply and dispose of the Money arising by such Sale and Sales (after discharging in the first Place the said Mortgage to the said Robert Child for Twenty thousand Pounds, and their own Costs and Charges attending the Trust reposed in them) in Payment of the Legacies and Annuity given by the said Thomas Lord Foley, lately deceased; afterwards in Payment of the Debts mentioned in the said Schedule, in the same Manner as the Money arising and to arise under and by virtue of the said Terms of Ninety-nine Years and One hundred and one Years, was directed to be applied and disposed of; and that he gave Legacies to his Children and Grand-children, and other Persons in the said Will named, to the Amount of Forty-seven thousand seven hundred and forty Pounds and upwards, and directed the same to be paid within Six Months after his Decease, with Interest; and that he gave all the Rest and Residue of his Personal Estate, not therein-before specisically given, to his Children the said Andrew Foley, Grace Countess of Clanbrassill, Mary Foley, and Ann Winnington, equally to be divided between them, Share and Share alike, and appointed them, together with his said Brother Robert Foley, and the said Abraham Turner, Executors and Executrixes of his said Will.

That in a Schedule annexed to the said Will, and signed by the said Thomas Lord Foley, lately deceased, is contained a List of Bond Debts of the said Thomas now Lord Foley, owing to several Persons, on which Interest was payable.

That the said Abraham Turner died in the Life-time of the said Thomas Lord Foley, lately deceased, and that he the said Thomas Lord Foley, lately deceased, by a Codicil to his said Will, dated the Seventeenth Day of September One thousand seven hundred and seventy-seven, after taking Notice of the Death of the said Abraham Turner, and that the said Two Terms of Ninety-nine Years and One hundred and one Years, devised by his said Will to his said Brother the said Robert Foley and the said Abraham Turner, would, on the Decease of him the said Testator, become vested solely in his said Brother the said Robert Foley; and that his Intent was, that his said Son the said Andrew Foley should be substituted as a Trustee in the Room and Place of the said Abraham Turner deceased, he the said Thomas Lord Foley, lately deceased, did, by the said Codicil, devise all the Manors, Messuages, Lands, Tenements and Hereditaments, whether Freehold, Copyhold or Leasehold, in his said Will given and devised, to and to the Use of the said Robert Foley and Abraham Turner, their Executors, Administrators and Assigns, for the said Terms of Ninety-nine Years, and One hundred and one Years, unto and to the Use of the said Robert Foley and the said Andrew Foley, for the Terms of Ninety-nine Years and One hundred and one Years respectively, to commence from the Day of his Decease, upon the same Trusts, and to and for the same Uses, Intents and Purposes, as in his said Will were mentioned and declared of and concerning the said Terms thereby devised to and to the Use of the said Robert Foley and Abraham Turner, their Executors, Administrators and Assigns, in the said Hereditaments and Premises.

"That the said Testator Thomas Lord Foley died on the Fourteenth Day of November One thousand seven hundred and seventy-seven, without altering or revoking his said Will or Codicil.

That the Power of Leasing granted by the said Will appears to us in some Respects to be too limited, and therefore it may be proper to enlarge the same.

That some Parts of the Estates late of the said Thomas Lord Foley, lately deceased, are held by Leases for Lives, or Years determinable on the dropping of Lives, and very convenient for the said Freehold Estates, but that no Provision is made by the said Will for renewing the same, and we conceive it may be proper to give a Power for that Purpose.

That the said Thomas Lord Foley, lately deceased, agreed to convey to Samuel Skey Esquire, Sixty-nine Acres of Land in Exchange for other Lands, and to grant to Serjeant Crane Gentleman, a Lease for Three Lives, with the Addition of a Fourth Life upon the dropping of the First of the said Three Lives, which Agreements we apprehend the said Trustees ought to be empowered to carry into Execution.

That it has been proved before us that the Debts and Engagements of the said Thomas now Lord Foley and Edward Foley, according to the Course prescribed by the said Will, cannot be discharged in less than Twenty-seven Years or thereabouts, and that if the said Thomas now Lord Foley or Edward Foley shall die before the said Trusts are performed, there is not any Provision in that Case made by the said Will for their Issue Male.

That the said Trustees Robert Foley and Andrew Foley are ready to concur in such Measures as the Wisdom of Parliament shall think expedient.

That considerable Sums of Money might be raised by taking Fines for Leases to be granted of several of the Hereditaments comprized in the said Terms of Ninety-nine Years and One hundred and one Years, which Fines might be applied towards the Performance of the Trusts by the said Will declared concerning the said Terms.

And we certify to your Lordships, That the said Thomas Lord Foley, lately deceased, did not in his Life-time settle any Jointure upon the said Harriot Lady Foley, which it may be reasonable and proper to enable the said Trustees to do; and that the said Thomas now Lord Foley, Edward Foley, Andrew Foley, Robert Foley, James Earl of Clanbrassill, Grace Countess of Clanbrassill his Wife, Mary Foley, Edward Winnington and Ann his Wife, and Sarah Tomlinson, have attended us in Person, and consented to the said Bill; and that they, and the respective Issues of the said Thomas now Lord Foley, and of the said Andrew Foley and Ann Winnington, are the only Persons in being who may be affected by the said Bill: And we further certify to your Lordships, that it has been proved before us, that the said Thomas Lord Foley deceased was, before his Death, fully apprized of the State and Condition of the said Thomas now Lord Foley and Edward Foley, in respect of their joint and separate Debts and Engagements, and how the same were contracted and secured: And it hath also been proved before us, as well by a Letter under the Hand of the said Thomas Lord Foley deceased, as by several Witnesses, that it was his Intention, subsequent to the making of the said Will and Codicil, to pay the Debts and redeem the Annuities of his said Two Sons Thomas now Lord Foley and Edward Foley, and that he employed his Agent to form and settle Plans for that Purpose.

But we think it our Duty to inform your Lordships, That we conceive such Evidence would not be admissible in a Court of Law or Equity to contradict or alter a Disposition made by any Person in and by his last Will and Testament, and therefore humbly refer it to your Lordships Consideration, how far the same may be sit or proper to be received by your Lordships; and we think it our further Duty to inform your Lordships, that we conceive the present Bill must be detrimental to the Issue of Lord Foley, and those in Remainder, unless in the Event of his Lordship's Death at a very early Period.

And we further certify to your Lordships, That we have perused and signed the Bill hereunto annexed, and think the same properly drawn for effectuating the Purposes therein mentioned, provided your Lordships shall, upon the Whole of the Case, be of Opinion that such Purposes are fit and proper to be carried into Execution.

All which is humbly submitted to your Lordships Wisdom.

W. H. Ashhurst.

B. Hotham.

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

Then it was moved, "That the said Bill be now read the First Time."

The same was agreed to.

Bill read:

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling a Jointure upon the Right Honourable Harriot Lady Foley, to take Effect from the Death of the Right Honourable Thomas Lord Foley her Husband (in case she shall survive him) in pursuance of Articles executed previous to their Marriage; and to enable the Trustees and Executors named in the last Will and Testament of Thomas Lord Foley, lately deceased, to raise Money by Sale of Part of his Lordship's Real Estates, and by Sale of Timber growing thereon, and by other Means, for Payment of certain Debts and Engagements of the said Thomas now Lord Foley, and of the Honourable Edward Foley Esquire, his Brother, and for other Purposes."

Judges Report to be printed.

Ordered, That the said Report from the Judges be printed.

Evesham, &c. Road Bill.

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

With a Bill, intituled, "An Act for repealing certain Parts of Three several Acts of Parliament of the First, the Seventeenth, and the Thirtieth Years of the Reign of His late Majesty King George the Second, made for repairing several Roads leading to and from the Borough of Evesham, in the County of Worcester; and for repairing and widening the Road from Evesham Bridge in the said Borough, to the Globe Inn in Alcester, in the County of Warwick;" to which they desire the Concurrence of this House.

Kegworth Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Open Meadows, Common Pastures, and Common Grounds, within the Parish of Kegworth, in the County of Leicester;" to which they desire the Concurrence of this House.

Militia Pay Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, "An Act for desraying 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-eight; and for filling up Vacancies in the Militia in the Cases therein mentioned;" to which they desire the Concurrence of this House.

Hardwicke Enclosure Bill.

A Message was brought from the House of Commons, by the Earl Verney and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Commonable Lands, within the Township and Liberties of Hardwicke, in the County of Buckingham;" to which they desire the Concurrence of this House.

Cornwall Jail Bill.

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

With a Bill, intituled, "An Act for building an additional Jail, and also a Prison and House of Cor rection within the County of Cornwall; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

Northallerton Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty, for widening and repairing the High Road leading from Northallerton to the South Wall of the Church Yard of the Town of Thirsk, and from the South East End of the Street called Finkell Street, in Thirsk aforesaid, to and through the Town of Easingwold, in the County of York, to a Place called Burton Stone, near the City of York; and also the Road from Thirsk aforesaid to Topcliffe, in the North Riding of the County of York."

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

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

North Myms Common Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common or Waste Ground called North Myms Common or Wood, in the Parish of North Myms, in the County of Hertford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

North America Commissioners Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to enable His Majesty to appoint Commissioners with sufficient Powers to treat, consult, and agree upon the Means of quieting the Disorders now subsisting in certain of the Colonies, Plantations, and Provinces of North America;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Moved, "To commit the Bill."

After long Debate;

The Question was put thereupon?

It was resolved in the Affirmative.

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

North America, removing Doubts concerning Taxation, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for removing all Doubts and Apprehensions concerning Taxation by the Parliament of Great Britain, in any of the Colonies, Provinces, and Plantations in North America and the West Indies; and for repealing so much of an Act made in the Seventh Year of the Reign of His present Majesty, as imposes a Duty on Tea imported from Great Britain into any Colony or Plantation in America, or relates thereto;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Moved, "To commit the Bill."

The Question was put thereupon?

It was resolved in the Affirmative.

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Massachusets Bay Charter Act, to repeal, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for repealing an Act passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for the better regulating the Government of the Province of the Massachusets Bay in New England;" and for the Lords to be summoned;

The said Bill was accordingly read a Second Time.

Moved, "To commit the Bill."

The Question was put thereupon?

It was resolved in the Affirmative.

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

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Committee of Privileges to meet.

Ordered, That the Committee of Privileges do meet to consider the Descents of Peers on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.