House of Lords Journal Volume 36: April 1782 11-20

April 1782 11-20

DIE Jovis, 11^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Scarborough takes the Oaths.

This Day Richard Lumley, Earl of Scarborough, took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Legrand against Stewart.

The Answer of Maria Stewart, Wife of Richard Legrand of Bonington, in the County of Edinburgh, Esquire, to the Appeal of the said Richard Legrand her Husband, was this Day brought in.

Haleworthy, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue and enlarge the Term and Powers of an Act made in the Thirty-third Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Haleworthy, in the Parish of Davidstow, in the County of Cornwall, to the East End of Wadebridge, in the said County, and from the West End of Wadebridge aforesaid, into and through the Borough of Mitchell, in the said County."

Yarmouth Coal Duty Bill.

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

With a Bill, intituled, "An Act for better securing the Duties payable by virtue of an Act of the Fifth Year of the Reign of Queen Anne, on the Importation of Coals, Culm and Cinders, into the Port of Great Yarmouth, in the County of Norfolk;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Brecon. &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the Town of Brecon, through the Town of Hay, in the County of Brecon; and also the Road through Marish Lane to the Builth and Hay Turnpike Road, near the Village of Llyswen, in the same County."

Greenland Fishery Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting an additional Bounty on Ships employed in the Greenland and Whale Fishery, for a limited Time."

Tenbury, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for reviving and continuing the Term, and enlarging the Powers of an Act of the Thirtieth Year of His late Majesty, intituled, "An Act for amending, widening and keeping in Repair several Roads in and near to the Town of Tenbury, in the Counties of Salop, Worcester and Hereford, and for amending and keeping in Repair the Roads leading from the Knowle Gate to the Turnpike Road on the Clee Hill, leading from Ludlow to Cleobury Mortimer, and from Kyre Mill to the Turnpike Road leading from Bromyard to Tenbury, in the said Counties."

D. Portland's Petition referred to Judges.

Upon reading the Petition of the most Noble William Henry Cavendish Duke of Portland, on Behalf of himself and the Right Honourable William Henry Cavendish Bentinck, commonly called Marquis of Titchfield, William Cavendish Bentinck, commonly called Lord William Cavendish Bentinck, William Charles Augustus Cavendish Bentinck, commonly called Lord William Charles Augustus Cavendish Bentinck, and William Frederick Cavendish Bentinck, commonly called Lord William Frederick Cavendish Bentinck, Charlotte Cavendish Bentinck, and Mary Cavendish Bentinck, his Infant Children; 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 Baron of the Court of Exchequer, and Mr. Justice Ashurst, 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.

Shepton Mallet Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Part of the Forest of Mendip, and a Piece of Waste Land called Windsor's Hill, situate within the Parish of Shepton Mallet, in the County of Somerset."

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

It was resolved in the Affirmative.

Faversham, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term of an Act made in the Second Year of the Reign of His present Majesty, for amending and widening the Road leading from the High Post Road near the Town of Faversham, by Bacon's Water, through Ashford to the Town and Port of Hythe, in the County of Kent, and from Bacon's Water to a certain Lane called Holy Lane in Wincheap, near the City of Canterbury."

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 Two preceding Bills.

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

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

Jones et al. Petition referred to Judges.

Upon reading the Petition of John Jones Esquire, and Lucy his Wife, Joseph Hughes Esquire, for himself, and on the Behalf of Joseph Hughes his eldest Son, who is an Infant, under the Age of Twenty-one Years, the Reverend Lewis Maxey Clerk, and Harriot his Wife, Sarah Hodges Widow, Thomas Hodges, George Hastings Esquire, and Sarah his Wife, for themselves and on the Behalf of Henry Hastings their eldest Son, and Ferdinando Hastings, Hans Francis Hastings, Selina Elizabeth Hastings, and Sarah Hastings their younger Children, who are all Infants under the Age of Twenty-one Years, 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 Baron of the Court of Exchequer, and Mr. Baron Hotham, 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.

Pitt et al. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of John Pitt Esquire, Surveyor General of His Majesty's Woods and Forests, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming and carrying into Execution certain Agreements enteredinto by John Pitt Esquire, Surveyor General of His Majesty's Woods and Forests, with Benjamin Planner and others, relating to certain Waste Lands and other Lands in the Parish of Egham, in the County of Surrey; and for vesting the same in the said John Pitt and his Heirs, in Trust, for His Majesty, His Heirs and Successors, and to effectuate the other Purposes therein mentioned."

Legrand against Stewart.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Richard Legrand Esquire is Appellant, and Mrs. Maria Stewart his Wife is Respondent:"

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

Ld. Ashburton introduced:

John Dunning of Ashburton, in the County of Devon, Esquire, being by Letters Patent bearing Date the 8th of this Instant April, in the 22d Year of His present Majesty, created Baron Ashburton, in the said County of Devon, was (in his Robes) introduced between the Lord Wycombe and the Lord Camden (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Lord Great Chamberlain preceding. His Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk; and the same was read at the Table: His Writ of Summons was also read as follows; (videlicet)

George the Third by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our right Trusty and Wellbeloved Counsellor John Dunning of Ashburton, in the County of Devon, Chevalier, Greeting: Whereas Our Parliament for arduous and urgent Affairs concerning Us, the State and Defence of our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We strictly enjoining, command you under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs and Dangers impending, all Excuses being said aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wife omit as you tender Us, and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster, the Eighth Day of April, in the Twenty-second Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes, and was afterwards placed on the lower End of the Baron's Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Ireland, Message from His Majesty respecting;

The Lord Wycombe acquainted the House, "That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships; and the same was read by the Lord Chancellor, and is as follows; (videlicet)

GEORGE R.

His Majesty being concerned to find that Discontents and Jealousies are prevailing among His Loyal Subjects in Ireland, upon Matters of great Weight and Importance, earnestly recommends to this House, to take the same into their most serious Consideration, in order to such a final Adjustment as may give mutual Satisfaction to both Kingdoms.

"G. R."

And the same having been again read by the Clerk,

Address thereupon.

Ordered, Nemine Dissentiente, "That an humble Address be presented to His Majesty to return Him the Thanks of this House for His most gracious Message, to express our unfeigned Concern that Discontents and Jealousies prevail among His Majesty's Loyal Subjects in Ireland, and to assure His Majesty, that we will, with all convenient Dispatch, take the same into our most serious Consideration, in order to form such a final Adjustment as may give mutual Satisfaction to both Kingdoms."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

DIE Veneris, 12^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

V. Leinster takes the Oaths.

This Day William Viscount Leinster took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes.

Sir L. Grant et al. against Roses.

After hearing Counsel in Part in the Cause, wherein Sir Ludovick Grant Baronet, and others, are Appellants, and William Rose and James Rose are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next.

Downes's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Edward Downes Esquire, with Caroline Hervey his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Tuesday next; and the Lords summoned; and that the several Witnesses who were ordered to attend on this Day, do then attend.

Sinclair Peer age, Committee put off,

Ordered, That the Sitting of the Committee of Privileges to whom the Petition of Charles St. Clair Esquire, claiming the Title of Lord Sinclair, stands referred, which is appointed for Wednesday next, be put off to Wednesday the 24th of this Instant April; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland.

E. Dalhousie and Maule against Maule:

A Petition of George Earl of Dalhousie, and the Honourable Mr. William Ramsay Maule, his Second Son, Appellants in a Cause depending in this House, to which Lieutenant Thomas Maule is Respondent, was presented and read; setting forth, "That the Matter in Dispute between the Parties is now finally settled and adjusted to their mutual Satisfaction;" and therefore praying their Lordships, "That they may be at Liberty to withdraw their Appeal."

And thereupon the Agent for the Petitioners was called in and heard at the Bar; and being withdrawn,

Appeal withdrawn.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

The King's Answer to Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of Yesterday; and that His Majesty was pleased to receive the same very graciously."

Haleworthy, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue and enlarge the Term and Powers of an Act, made in the Thirty-third Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Haleworthy, in the Parish of Davidstow, in the County of Cornwall, to the East End of Wade Bridge in the said County, and from the West End of Wade Bridge aforesaid, into and through the Borough of Mitchell, in the said County."

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.

Pitt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and carrying into Execution, certain Agreements entered into by John Pitt Esquire, Surveyor General of His Majesty's Woods and Forests, with Benjamin Planner and others, relating to certain Waste Lands, and other Lands, in the Parish of Egham, in the County of Surrey; and for vesting the same in the said John Pitt, and his Heirs, in Trust for His Majesty, His Heirs and Successors; and to effectuate the other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on Monday the 6th of May next, at the usual Time and Place; and to adjourn as they please.

King's Consent to it.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the last mentioned Bill, was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Causes put off.

Ordered, That the Hearing of the Cause wherein Henry Erskine Advocate is Appellant, and James Ferrier Writer to the Signet is Respondent, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 15^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir L. Grant et al. against Roses:

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Sir Ludovick Grant Baronet, Sir George Monro of Poyntzfield, George Ross of Cromarty, Robert Bruce, Eneas Macleod of Cadboll, William Munro of Newmore, Coline Mackenzie of Mountgerald, and Roderick Mackenzie of Scotsburn, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 8th of August 1780, and 7th of March and 12th of July 1781; and also of Two Interlocutors of the Lords of Session there, of the 5th and 20th of December 1781; and praying, "That the same might be reversed, varied or amended, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of William Rose and James Rose put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Haleworthy, &c. Road Bill.

The Lord Scarsdale reported 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 Thirty-third Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Haleworthy, in the Parish of Davidstow, in the County of Cornwall, to the East End of Wadebridge in the said County, and from the West End of Wadebridge aforesaid, into and through the Borough of Mitchell, 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."

Newton's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Newton Esquire, with Catherine Seymour his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Tuesday the 23d of this Instant April, and the Lords summoned; and that the several Witnesses who were ordered to attend on this Day do then attend.

Cholwich et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Burridge Cholwich of Farringdon House, in the County of Devon Esquire, and Frances 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 discharging Part of the Settled Estates of John Burridge Cholwich Esquire, in the County of Devon, from the Uses and Trusts of his Marriage Settlement; and for settling other Estates in the said County in lieu thereof."

Public Expenditure, Message from his Majesty relative to:

The Lord Wycombe acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships:"

And the same was read by the Lord Chancellor, and is as follows; (videlicet)

GEORGE R.

His Majesty taking into Consideration the Supplies which have been given with so much Liberality, and supported with such uncommon Firmness and Fortitude by His People in the present extensive War, recommends to this House, the Consideration of an effectual Plan of Œconomy through all the Branches of the Public Expenditure, towards which important Object His Majesty has taken into His actual Consideration a Reform and Regulation in His Civil Establishment, which He will shortly cause to be laid before this House, desiring their Assistance towards carrying the same more fully into Execution: His Majesty has no Reserves with His People, on whose Affections He rests with a sure Reliance, as the best Support of the true Honour and Dignity of His Crown and Government; and as they have hitherto been His best Resource upon every Emergency, so he regards them as the most solid and stable Security for an honourable Provision for His Person and Family.

"G. R."

And the same having been again read by the Clerk,

Address there upon.

Ordered, Nemine Dissentiente, "That an humble Address be presented to His Majesty, to return Him the Thanks of this House, for His most Gracious Message; and to express to His Majesty, that this truly paternal Regard to the Welfare of His People, meets a just Return in the Gratitude of this House.

To assure His Majesty that His favourable Acceptance of the Zeal and Fidelity of His Subjects, manisested through the whole Course of this arduous War, will animate this House to the utmost Exertions for the Glory and Happiness of a Prince who sets a just Value on the Services, and is touched with an affectionate Sympathy in the Sufferings, of His People.

That this House, deeply affected with His Majesty's noble and generous Procedure, and encouraged by a Recommendation glorious to His Majesty, and perfectly consonant to our Desires and Duties, will, as soon as His Majesty shall be pleased to communicate more particularly the Reformations and Regulations He is pleased to adopt, apply itself with all Speed and Diligence to give a full Effect to His Majesty's most gracious Intentions, and will cheerfully concur in such Measures as shall appear to be the most solid and stable Security for an honourable Provision for His Majesty's Royal Person and Family."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

DIE Martis, 16^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Davis et Ux. against Oliver.

The Answer of Thomas Oliver Esquire, to the Appeal of George Davis and Barbara his Wife, was this Day brought in.

East India Goods Bill.

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

With a Bill, intituled, "An Act to extend so much of Two Acts of the Twentieth and Twenty-first Years of His present Majesty's Reign, as relate to the Sale of and ascertaining the Duties upon East India Goods to Tea and all other Goods of the Growth, Product or Manufacture of China, or any Country within the Limits of the East India Company's Charter, which have been or shall during the present Hostilities be brought into this Kingdom and condemned as Prize; for equalizing the Duties upon and regulating the Importation of Foreign Snuss into this Kingdom, and preventing the Importation and Running of Foreign Spirituous Liquors, Tea and other prohibited Goods into this Kingdom in Vessels sitted out and armed as Privateers;" to which they desire the Concurrence of this House.

Rochester, &c. Small Debts Bill.

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

With a Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts within the City of Rochester, and the Parishes of Strood, Frindsbury, Cobham, Shorne, Higham, Cliffe, Cooling, High Halstow, Chalk, Hoo, Burham, Wouldham, Halling, Cuxstone, Chatham and Gillingham, and the Ville of Sheerness, in the County of Kent;" to which they desire the Concurrence of this House.

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

L. Grantley introduced:

Sir Fletcher Norton of Markenfield, in the County of York, being by Letters Patent, bearing Date the 9th of this Instant April, in the 22d Year of His present Majesty created Baron Grantley in the said County of York, was (in his Robes) introduced between the Lord Percy and the Lord Ravensworth (also in their Robes) the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Lord Great Chamberlain preceding; his Lordship on his Knee presented his Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table; his Writ of Summons was also read as follows; (videlicet)

George the Third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, and so forth; To Our Right Trusty and Wellbeloved Counsellor Fletcher Norton of Markenfield, in the County of York, Chevalier, Greeting; Whereas Our Parliament for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster, We strictly enjoining command you under the Faith and Allegiance by which you are bound to Us, that considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs and to give your Advice; and this you may in nowise omit as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself at Westminster the Ninth Day of April, in the Twenty-second Year of Our Reign.

"Yorke."

Then his Lordship took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes, and was afterwards placed on the lower End of the Barons Bench.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Greenland Fishery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an additional Bounty on Ships employed in the Greenland and Whale Fishery for a limited Time."

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

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

Yarmouth Coal Duty Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for better securing the Duties payable by virtue of an Act of the Fifth Year of the Reign of Queen Anne on the Importation of Coals, Culm and Cinders, into the Port of Great Yarmouth, in the County of Norfolk."

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

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

Tenbury, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for reviving and continuing the Term and enlarging the Powers of an Act of the Thirtieth Year of His late Majesty, intituled, "An Act for amending, widening and keeping in Repair several Roads in and near to the Town of Tenbury, in the Counties of Salop, Worcester and Hereford; and for amending and keeping in Repair the Roads leading from the Knowle Gate to the Turnpike Road on the Clee Hill, leading from Ludlow to Cleobury Mortimer, and from Kyre Mill to the Turnpike Road leading from Bromyard to Tenbury, in the said Counties."

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.

Willersley, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and keeping in Repair the Roads leading from the Willersley Turnpike Road near Parton to Monkland Mill; and from the Turnpike Road on Fair Mile Field to the Turnpike Road at Broad Heath; and from the Turnpike Road at or near the Fords Bridge to the Turnpike Road near Stockton; and from Kyre Common to the Turnpike Road at Grendon Green, in the Counties of Hereford and Worcester."

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

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

Cholwich's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging Part of the Settled Estates of John Burridge Cholwich Esquire, in the County of Devon, from the Uses and Trusts of his Marriage Settlement, and for settling other Estates in the said County in lieu thereof."

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 1st Day of May next, at the usual Time and Place and to adjourn as they please.

Haleworthy, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue and enlarge the Term and Power of an Act made in the Thirty-third Year of the Reign of His late Majesty King George the Second, for repairing and widening the Roads from Haleworthy, in the Parish of Davidstow, in the County of Cornwall, to the East End of Wade Bridge, in the said County; and from the West End of Wade Bridge aforesaid, into and through the Borough of Mitchell, in the said County."

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. Holford and Mr. Anguish:

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

Cricklade Election Bill.

Ordered, That the several Petitioners praying to be heard by their Counsel against the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts," be at Liberty to be heard by their Counsel against the said Bill, as desired, on Thursday next, at the Second Reading thereof; and that Counsel be heard for the Bill at the same Time, if they think fit.

Downes's Divorce Bill.

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

Counsel were accordingly called in; and Mr. Hardinge appearing as Counsel for the Bill, but no Counsel appearing against it:

Simon Wilson was called, in order to prove Service of the Order for the said Second Reading, and being sworn, acquainted the House, "That he served Mrs. Downes personally, on the 16th of February last, at a House in Somerset Street, Portman Square, with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a true Copy of the Bill; that she made no Answer to it, than "it was very well."

He was directed to withdraw.

Then the said Bill was read a Second Time.

And Mr. Hardinge was heard in Support of the Bill, and to make out the Allegations thereof; and in order to prove the Marriage, again called the said Simon Wilson, who produced an Extract from the Register of Marriages in the Parish of Saint Oswald, West Chester, and declaring, "That the same was a true Copy, he having examined it with the original Register Book of the said Parish," the same was read; whereby it appeared, That Mr. Downes was married to Caroline Hervey Spinster, at the said Parish Church on the (fn. 1) of December 1767."

He was directed to withdraw.

And it appearing by the said Extract, that Martha Maria Hervey was a subscribing Witness to the said Marriage, she was called, in order to prove the same, and being sworn and examined, acquainted the House, "That she was a subscribing Witness to the said Marriage." Being asked, "If she was present at the said Marriage," said "she was not present; that her Memory did not said her; that the Bishop of Bath and Wells knew that she put such Confidence in the Word of a Clergyman, that she subscribed herself as a Witness, though not present upon the Clergyman's assuring her that he had married Mr. and Mrs. Downes that Morning; that Miss Caroline Hervey was with her at Chester; that she sent for her, thinking that she would be safer with her than any where else, as she had disobliged her Father so far, that he would not see her, as she had behaved herself not quite right; that she staid with her a Year; that Mr. Downes came down to West Chester, and visited her at the Witness's House; that Miss Hervey's Character was known to Mr. Downes; that she, the Witness, acquainted him with all the Particulars she knew respecting her Conduct; that he was told the same by General Lee; that she quitted her Father's House and went off with a Lord a Year before; that Miss Hervey behaved, while with her, pretty well; that before her coming to her, her Habit of Life had not been very reputable, but she did not know that it was infamous; that her Representation to Mr. Downes was, that she had left her Father's House and went off with a Lord, but that they did not live long together; that she was taken from him by her Brother-in-Law, who put her in Lodgings; that she had heard, she left her Father's House with One of the Servants, a Footman, who afterwards told her, which she believed to be true, as Miss Hervey told her, "she saw the Money paid;" that she knows nothing of her Conduct from the Time she quitted her Father's House to the Time she came to her at Chester, but by Report; that General Lee told Mr. Downes how improperly she had behaved, and that she, the Witness, would not suffer Mr. Downes to have her, without his being acquainted with her Character; that she never heard of her living as a Prostitute after quitting her Father's House; that about Four Months after Miss Hervey left her Father, she, the Witness, wrote to Doctor Hervey, desiring he would enquire after her, fearing she might be in some bad House; that she heard she was not, but was in Lodgings, where she was visited by some of her Relations, namely, Mr. Coote, Doctor Hervey, and her Brother-in-Law; that she had heard a good Character of Mr. Downes before his Marriage with Miss Hervey, and thought the Match was a very lucky one for her at that Time; that she saw him about Four Weeks before the Marriage; that Mr. and Mrs. Downes lived at her House after the Marriage about a Month, and then went to Aston Hall for Three or Four Days, and returned to them, from whence they went to Shrewsbury; that the Witness came to London, and staid in Town Four Months, and upon her return to Chester, found Mr. and Mrs. Downes in Lodgings there; that some Time after, but how long she can't say, they went to London, and then came back to Chester, and went to Ireland, and that she had not seen her since; that Mr. Downes called upon her about Two Years ago, and told her, they were parted, and that he had Two Children by her, and complained of his Wife's leaving him; that she, the Witness, knows nothing more about her, but has heard that she lived with a Mr. Fuller; that she believes Mr. Downes did not behave well himself to his Wife; that she was told last Year, that she must attend as a Witness; that several Gentlemen at Doctors Commons had conversed with her, and Mr. Greenland the Agent for the Bill is the Agent for Mr. Downes; that she has, since Mr. Downes's Marriage, heard so many wrong Things of him, that her good Opinion of him is entirely changed, he having behaved so bad to his Wife; that Mr. Downes did not seem at all peevish about the Suit."

She was directed to withdraw.

Then Simon Wilson was again called in, and being examined, acquainted the House, "That he was Clerk to his Uncle Mr John Wilson of Bell Yard; that he was applied to by Mr. Greenland, the Agent for the Bill (his Clerks being all engaged) to serve Mrs. Downes with the Order of the Second Reading, and a Copy of the Bill, which he did; and that he does not know that this Suit is prosecuted at Mr. Fuller's Expence."

He was again directed to withdraw.

Then Edward Powell, late Servant to Mr. Felton Hervey, was called in and sworn, and being examined, acquainted the House, "That he knew Miss Caroline Hervey in 1765, that she was then at Mr. Hervey's, and was about Twenty-one Years of Age; that he saw her again last Year at the Desire of her Sister, who was Trustee for a Legacy that had been left her, in order to pay her Half a Year's Interest due thereon; that he saw her with Mr. Fuller at his House near Portman Square; that he asked for her by the Name of Mrs. Fuller, as he knew she went by that Name, he having heard Two Years before that she lived with him; that she would not receive the Interest, saying, she had a Right to the whole Legacy, which was Five hundred Pounds; that he was called upon about a Year ago to attend as a Witness; that Mr. Greenland asked him, "if he knew Miss Hervey," and said he would be summoned as a Witness," which he was; that Mr. Greenland, he understood, was employed on Mr. Downes's Account."

He was directed to withdraw.

Then Mark Holman, Deputy Registrar of the Consistory Court of the Bishop of London, was called in, and being sworn, produced the original Desinitive Sentence of Divorce against the said Mrs. Downes for Adultery, and read the same at the Bar; and being asked, "if Mrs. Downes appeared," said, "he did not know."

He was directed to withdraw.

Then the said Simon Wilson was again called in, and produced an Office Copy of the Judgement obtained in the Court of King's Bench on the 17th of January 1781, against the said Mr. Fuller, for Criminal Conversation with the said Mrs. Downes; the same was read, and being asked, "if Mr. Fuller appeared to the Action," said, "he did not."

He was directed to withdraw.

The House not being satisfied with the Evidence that this Suit was bonâ fide carried on at the Expence of Mr. Downes,

Mr. Hardinge, the Counsel for the Bill, assured the House upon his Honour, "That he did then and had all along considered himself as Counsel for Mr. Downes, and that the Suit was carried on at his sole Expence," and therefore prayed their Lordships, "to adjourn the further Proceeding on this Bill until he should be able to prove that this was a bonâ fide Transaction on the Part of Mr. Downes."

Then Mr. Greenland, the Solicitor for Mr. Downes, was called to the Bar, and refused to be sworn as a Witness, claiming the Privilege of a Solicitor not to be examined upon Oath; said, "he had received Money from Mr. Downes who was in Ireland, to carry on this Suit by the Hands of a Mr. Howell;" but refused giving any Evidence that might prove he was not employed by Mr. Fuller.

He was directed to withdraw.

Then the House directed the Counsel to go on with the rest of the Evidence.

Whereupon,

Mr. Hardinge desired Leave of the House to waive calling any further Evidence, as, after what had fallen from Mr. Greenland, he could not proceed any further in this Business, consistent with his Honour.

The Counsel was directed to withdraw.

Moved, "That this Bill be committed."

Which being objected to:

The Question was put thereupon?

It was resolved in the Negative.

Ordered, That the said Bill be rejected.

Adjourned.

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

DIE Mercurii, 17^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Erskine against Ferrier:

This Day being appointed for hearing the Cause upon the Petition and Appeal of Henry Erskine Advocate, complaining of Two Interlocutors of the Lords of Session in Scotland of the 24th of January and 8th of February 1781; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal James Ferrier, Writer to the Signet, is Respondent; Counsel appeared for the Appellant, but no Counsel appearing for the Respondent; and the Appellant's Counsel having been fully heard, the Counsel were directed to withdraw.

Interlocutors reversed.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors of the Lords of Session in Scotland, complained of in the said Appeal, be and the same are hereby reversed; and it is hereby declared, That the Appellant was entitled in virtue of his Titles produced, to be enrolled on the Roll of Freeholders for the County of Dumbarton.

Militia Pay Bill.

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

With a Bill, intituled, "An Act for defraying the Charge of the Pay and Cloathing of the Militia in that Part of Great Britain called England for One Year, beginning the Twenty-fifth Day of March One thousand seven hundred and eighty two;" to which they desire the Concurrence of this House.

Tallow Bill.

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

With a Bill, intituled, "An Act to revive and further continue an Act made in the Seventh Year of the Reign of His present Majesty, intituled, "An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease;" to which they desire the Concurrence of this House.

Brecon, &c. Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of the Reign of King George the Second, for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage, in the County of Hereford, and for building a Bridge over the River Wye, at Bredwardine Passage, in the same County, so far as relates to such of the Roads comprized in the said Act as lie in the County of Hereford;" to which they desire the Concurrence of this House.

Wrexham Road Bill.

A Message was brought from the House of Commons, by Sir Watkin Williams Wynne and others:

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Wrexham, in the County of Denbigh, to Barnbill, in the County of Chester;" to which they desire the Concurrence of this House.

Papists Deeds and Wills Bill.

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

With a Bill, intituled, "An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers;" to which they desire the Concurrence of this House.

Orphan's Fund, Accounts delivered.

The House being informed, "That Mr. Montague from the Chamberlain's Office attended;"

He was called in, and delivered at the Bar, pursuant to Acts of Parliament,

An Account of the Surplus of the Fund for the Relief of the Orphans, and other Creditors of the City of London, on the 5th July 1781."

"An Account of Money received and paid by the Chamberlain of London, in pursuance of an Act for enabling the Mayor, Aldermen and Commons of the City of London, to purchase the present Toll for navigating upon the River Thames, and for laying a small Toll in lieu thereof, from the 28th September 1780 to the 28th September 1781."

"An Account of Money received and paid by the Chamberlain of London, for making a Street from Moorfields into Bishopgate Street, from the 29th September 1780 to the 29th September 1781."

"An Account of Money received and paid by the Chamberlain of London, in pursuance of an Act for building a Bridge at Blackfriars, &c. from the 28th September 1780 to the 28th September 1781."

"An Account of Money received and paid by the Chamberlain of London, in pursuance of an Act for making, enlarging, &c. the Vaults, Drains and Sewers within the City of London, and for paving, cleansing and enlightening the said City, from the 28th of September 1780 to the 28th September 1781."

"An Account of Money received and paid by the Chamberlain of London, in respect of £10,000 granted for re-building the Gaol of Newgate, in the City of London, from the 23d June to the 25th December 1781."

"An Account of Money received and paid by the Chamberlain of London, for re-building the Gaol of Newgate, in the City of London, from the 28th September 1780 to the 25th December 1781."

"An Account of Money received and paid by the Chamberlain of London, for embanking Part of the North Side of the River Thames within certain Limits, from the 28th of September 1780 to the 28th September 1781."

And then he withdrew.

And the Titles thereof being read by the Clerk;

Ordered, that the said Accounts do lie on the Table.

The King's Answer to Address reported.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of Monday last; and that His Majesty was pleased to receive the same very graciously."

E. Aboyne against E. Aberdeen.

Upon reading the Petition and Appeal of Charles Earl of Aboyne, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 9th of March and 11th of April 1782; and praying, "That the same may be reversed, varied or amended, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem proper; and that George Earl of Aberdeen may be required to answer the said Appeal:"

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

Chalmer to enter into Recognizance on it.

The House being moved, "That James Chalmer of Leicester Fields, Gentleman, may be permitted to enter into a Recognizance for Charles Earl of Aboyne, on Account of his Appeal depending in this House, he living in Scotland:"

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

Greenland Fishery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an additional Bounty on Ships employed in the Greenland and Whale Fishery, for a limited Time."

After some Time, the House was resumed:

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

Adjourn.

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

DIE Jovis, 18^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Aboyne against E. Aberdeen.

The Answer of George Earl of Aberdeen, to the Appeal of Charles Earl of Aboyne, was this Day brought in.

Perry against Woodman, in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein

Elizabeth Perry Widow is Plaintiff,
and
John Woodman is Defendant.

Yarmouth Coal Duty Bill.

The Lord Walsingham reported from the Lords Committees, to whom the Bill, intituled, "An Act for better securing the Duties payable by virtue of an Act of the Fifth Year of the Reign of Queen Anne, on the Importation of Coals, Culm and Cinders, into the Port of Great Yarmouth, in the County of Norfolk," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Willersley, &c. Road Bill.

The Lord Walsingham made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for amending and keeping in Repair the Roads leading from the Willersley Turnpike Road, near Parton, to Monkland Mill, and from the Turnpike Road on Fair Mile Field to the Turnpike Road at Broad Heath, and from the Turnpike Road at or near the Ford's Bridge to the Turnpike Road near Stockton, and from Kyre Common to the Turnpike Road at Grendon Green, in the Counties of Hereford and Worcester," was committed.

Tenbury, &c. Road Bill.

The Lord Walsingham also made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for reviving and continuing the Term, and enlarging the Powers of an Act of the Thirtieth Year of His late Majesty, intituled, "An Act for amending, widening and keeping in Repair several Roads in and near to the Town of Tenbury, in the Counties of Salop, Worcester and Hereford, and for amending and keeping in Repair the Roads leading from the Knowle Gate to the Turnpike Road on the Clee Hill, leading from Ludlow to Cleobury Mortimer, and from Kyre Mill to the Turnpike Road leading from Bromyard to Tenbury, in the said Counties," was committed.

D. Portland, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Most Noble William Henry Cavendish Duke of Portland, on Behalf of himself and his Infant Children; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Freehold and Inheritance in Fee of Part of the Estates heretofore of the Right Honourable Henrietta Cavendish Holles Countess of Oxford and Countess Mortimer, deceased, in Trustees, in Trust, to sell and dispose of so much thereof as may be sufficient to pay off and discharge the Debts, Legacies, and other remaining Incumbrances affecting the Whole of the Estates, late of her, the said Countess, which were devised by her Will; and for other Purposes therein mentioned."

D. Newcastle, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Most Noble Henry Duke of Newcastle; 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 in Trustees a competent Part of the settled Estates of the Most Noble Henry Duke of Newcastle, in the Parishes of Saint Clement Danes and Saint Giles in the Fields, for the Purpose of raising, on Mortgage or otherwise, such Sums of Money as shall be found expedient to be raised and applied for making and opening a new Street therein mentioned, from the East End of the New Church in the Strand, to the South End of Stanhope Street; and for defraying all necessary Costs, Charges, and Expences attending the same."

Sir F. Basset et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Francis Basset Baronet, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for discharging the Manor of Imley, otherwise Evenley, and divers Messuages, Lands, Tenements and Hereditaments in Imley, otherwise Evenley aforesaid, and elsewhere in the County of Northampton, Part of the Estate of Sir Francis Basset of Tehidy Park, in the County of Cornwall, Baronet, from the Uses, Estates and Trusts declared concerning the same, in and by the last Will and Testament of Francis Basset late of Tehidy Park aforesaid, Esquire, deceased; and for settling another Manor and other Lands and Hereditaments of greater Value, in lieu thereof, to the like Uses."

Countess of Holdernesse, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Mary Countess of Holdernesse; 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 Part of the Estates of Robert late Earl of Holdernesse, deceased, in the County of York, in Trustees, for a Term of Years, for raising and Payment of the Sum of Five thousand Pounds, charged by the Will of the said Earl on his said Estates."

Hatton, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of George Hatton 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 for Sale of an annual Fee Farm Rent of One hundred Pounds, payable to the See of Ely, out of certain Estates in and near Hatton Garden, in the County of Middlesex; and for applying the Money to arise from such Sale in Manner therein mentioned."

Newnham et al Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Newnham of Maresfield, in the County of Sussex, Esquire, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling the Trustees for Sale of Part of the settled Estates of John Newnham Esquire, in the Counties of Huntingdon, Middlesex, and Sussex, and in the Cities of London and Canterbury, to make an Indemnity to the Purchasers of certain Parts thereof, against the perpetual annual Sums or yearly Payments to which such Parts are liable, and to purchase in the same annual Sums or yearly Payments, with the Monies to arise by Sale of such of the said Estates as remain undisposed."

Jones et al. Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Estates late in Jointure to Dame Sarah Fowler Widow, in Trustees, to be sold, conveyed, and settled, pursuant to a Decree of the Court of Exchequer."

Tarporley Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from Tarporley, in the County Palatine of Chester, to Acton Bridge, near Weverham, in the same County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Militia Pay Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for defraying the Charge of the Pay and Cloathing of the Militia, in that Part of Great Britain called England, for One Year, beginning the Twenty-fifth Day of March, One thousand seven hundred and eightytwo."

Tallow Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to revive and further continue an Act made in the Seventh Year of the Reign of His present Majesty, intituled, "An Act to discontinue for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease."

Papists Deeds and Wills Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for allowing further Time for the Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

Wrexham Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Wrexham, in the County of Denbigh; to Barnhill, in the County of Chester."

Brecon, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act passed in the Thirty-third Year of the Reign of King George the Second, for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage, in the County of Hereford; and for building a Bridge over the River Wye at Bredwardine Passage, in the same County, so far as relates to such of the Roads comprized in the said Act as lie in the County of Hereford."

Greenland Fishery Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an additional Bounty on Ships employed in the Greenland and Whale Fishery for a limited Time."

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. Holford and Mr. Anguish:

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

East India Goods Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to extend so much of Two Acts of the Twentieth and Twenty-first Years of His present Majesty's Reign, as relate to the Sale of and ascertaining the Duties upon East India Goods, to Tea and all other Goods of the Growth, Product, or Manufacture of China, or any Country within the Limits of the East India Company's Charter, which have been or shall during the present Hostilities, be brought into this Kingdom, and condemned as Prize; for equalizing the Duties upon and regulating the Importation of Foreign Snuff into this Kingdom, and for preventing the Importation and Running of Foreign Spirituous Liquors, Tea, and other prohibited Goods into this Kingdom, in Vessels fitted out and armed as Privateers."

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.

E. Aboyne against E. Aberdeen.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Charles Earl of Aboyne is Appellant, and George Earl of Aberdeen is Respondent."

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

Cricklade Election Bill:

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts;" and for hearing Counsel against and for the same.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be read a Second Time on Wednesday next; and that the Petitioners be at Liberty to be heard by their Counsel against the said Bill; and that Counsel may be heard for the Bill at the same Time, if they think fit.

Message to H. C. for Evidence on.

Ordered, That a Message be sent to the House of Commons immediately to desire, "That they will communicate to this House the Grounds and Evidence upon which they passed the Bill, intituled, "An Act for preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts."

Adjourn.

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

DIE Veneris, 19^o Aprilis 1782.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hewitt et al. against Adams.

The Order of the Day being read for hearing Counsel in the Cause, wherein Henry Hewitt and others are Appellants, and Abraham Adams is Respondent; and for the Judges to attend.

Counsel were accordingly called in.

Mr. Attorney General was heard for the Appellants, and a Difference in Opinion arising between the Counsel for the Appellants and the Counsel for the Respondent, respecting the Manner of cultivating Pine Apples,

The Counsel was directed to confine their Argument to the Preliminary Point in Question; (videlicet) "Whether the Notice given was a sufficient Notice to determine a Composition for Tythes."

Mr. Attorney General, Counsel for the Appellants, was heard to that Point.

Mr. M^cDonald, Counsel for the Appellants, heard also to that Point.

Mr. Price, Counsel for the Respondent, heard to that Point.

Mr. Mansfield, Counsel for the Respondent, heard also to that Point.

Mr. Attorney General was heard to reply.

The Counsel were directed to withdraw.

Then it was proposed, "That the following Question should be put to the Judges; (videlicet)

Question put to the Judges.

Whether the Notice given on the 8th of September was a sufficient Notice to determine a Composition for Tythes from Year to Year, such Years commencing on the 29th of September?"

The same was agreed to, and ordered accordingly.

Whereupon, Mr. Justice Gould having conferred with the rest of the Judges present, delivered their unanimous Opinion, "That such Notice was by no Means a sufficient Notice to determine a Composition for Tythes from Year to Year, such Years commencing on the 29th of September."

Then the following Order and Judgement was made:

Judgment.

After hearing Counsel this Day upon the following preliminary Point, (videlicet) "Whether the Notice given was a sufficient Notice to determine a Composition for Tythes," in the Petition and Appeal of Henry Hewitt, Samuel Hutchins, John Browne, Joseph Kirke, John Jeffries, Daniel Grimwood, and Robert Shawe, all of the Parish of Kensington, in the County of Middlesex, Nursery Men, Seven of the Defendants in the first mentioned Cause, complaining of a Decretal Order of the Court of Exchequer, of the 29th of January 1781, made in Two certain Causes; in the First of which Abraham Adams Gentleman was Plaintiff, and Henry Hewitt, Samuel Hutchins, Daniel Grimwood, Robert Shawe, Joseph Kirke, John Jeffries, John Browne, James Rouse, Richard Hutchins, Henry Hutchins, John Reubergall, William Combes, James Walter, Benjamin Bryon, Anthony Shailer, Thomas Batcock, Bernard Williamson, and William Smith, were Defendants; and in the other, Henry Hewitt, William Smith, Bernard Williamson, John Browne, Samuel Hutchins, Anthony Shailer, James Rouse, Richard Hutchins, Henry Hutchins, John Reubergall, and William Combes, were Plaintiffs, and James Wallen, Benjamin Bryon, and Abraham Adams Gentleman, were Defendants; and praying, "That the same might be reversed, in so far as the same affects the Petitioners, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Abraham Adams put in to the said Appeal, the Judges present having been directed to deliver their Opinions to the House upon the following Question; (videlicet) "Whether the Notice given on the 8th of September was a sufficient Notice to determine a Composition for Tythes from Year to Year, such Years commencing on the 29th of September?" Mr. Justice Gould delivered the unanimous Opinion of the Judges present, "That such Notice was by no Means a sufficient Notice to determine a Composition for Tythes from Year to Year, such Years commencing on the 29th of September;" and due Consideration had of what was offered on both Sides on the said preliminary Point:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decretal Order of the Court of Exchequer, so far as the same relates to the first mentioned Cause, and the present Appellants be and the same is hereby reversed; and that the Respondent's said Bill be dismissed; and so far as the said Decretal Order relates to the second mentioned Cause, that the said Decree be affirmed.

Cricklade Elect on Bill Evidence of H. C. delivered.

The Messengers sent to the House of Commons Yesterday, to desire, "That they will communicate to this House the Grounds and Evidence upon which they passed the Bill, intituled, "An Act for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts," return Answer, "That the Commons have taken their Lordships Message into Consideration, and do acquaint their Lordships, That the Evidence upon which the House of Commons passed the Bill for the preventing of Bribery and Corruption in the Election of Members to serve in Parliament for the Borough of Cricklade, in the County of Wilts, was the Minutes of the Examination taken upon Oath before the Select Committee, who were appointed (in pursuance of Two Acts passed in the 10th and 11th Years of His present Majesty's Reign, to regulate the Trials of Controverted Elections or Returns of Members to serve in Parliament) to try and determine the Merits of the Petition of Samuel Petrie Esquire, complaining of an undue Election and Return for the Borough of Cricklade; which Evidence, in the Opinion of this House, did fully make out the Allegations contained in the said Bill; and the House of Commons have directed a printed Copy of the said Minutes to be delivered to their Lordships."

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

East India Goods Bill,

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to extend so much of Two Acts of the Twentieth and Twenty-first Years of His present Majesty's Reign, as relate to the Sale of, and ascertaining the Duties upon East India Goods, to Tea, and all other Goods of the Growth, Product or Manufacture of China, or any Country within the Limits of the East India Company's Charter, which have been, or shall, during the present Hostilities, be brought into this Kingdom, and condemned as Prize; for equalizing the Duties upon, and regulating the Importation of Foreign Snuff into this Kingdom; and for preventing the Importation and Running of Foreign Spirituous Liquors, Tea and other prohibited Goods into this Kingdom, in Vessels sitted out and armed as Privateers."

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Adjourn.

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