Pages 448-469
Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 1o Martii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord. Mansfield sat Speaker by virtue of His Majesty's Commission.
Ross against Sir John Gordon
The Answer of Sir John Gordon Baronet and William Gordon Esquire, to the Appeal of David Ross Commissary Clerk, was this Day brought in.
M'Lord said Wemys against Sir John Gurdon et al
As was also, The Answer of Sir John Gordon Baronet and others, to the Appeal of Roderick M'Lord and William Wemyss.
Sir William Dalrymple against C& bell.
Counsel (according to Order) were called in to be heard in the Cause wherein Sir Willam Dalrymple is Appellant and Archibald Campbell is Respondent, being an Appeal from Interlocutors of the Court of Session in Scotland.
And the Lord Advocate appearing as Counsel for the Respondent, but no Counsel appearing for the Appellant, the Agent for the Appellant at the Bar, by Direction of the House, read a Petition of the Appellant, to pat off the Hearing of this Cause for a Month; and the Counsel for the Respondent consenting to postpone the Hearing of this Cause:
They were directed to withdraw.
Ordered, Upon the Application made by the Appellant and his Agent, for postponing the Hearing of this Cause; and also upon the Consent of the Counsel for the Respondent, signified at the Bar, that the Hearing of this Cause be adjourned till after those already appointed; and that the Appellant do pay the Respondent the Sum of Forty Pounds for his Colts of this Day.
Waddington Enclosure Bill
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, in the Parish of Waddington, in the County of the City of Lincoln” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.“
Saint Paul Shadwell poor Bill.
The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for the better maintaining, regulating, and employing the Poor, within the Parish of Saint Paul Shadwell, in the County of Middlesex,” 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.”
Head to take the Name of James, Bill.
The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to enable William Head Esquire a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire deceased,” was committed.
Trent Navigation Bill.
A Message was brought from the House of Com mons, by Mr. Willoughby and others:
With a Bill, intituled, “An Act for the better regulating the Navigation of the River Trent from Wilden Ferry, otherwise Cavendish Bridge, in the County of Derby, to Gainsborough, in the County of Lincoln;” to which they desire the Concurrence of this House.
Aylesbury, &c Road Bill.
A Message was brought from the House of Commons, by the Lord Womman and others:
With a Bill, intituled, “An Act for amending the Road from Aylesbury, in the County of Buckingham, through Thame and Little Milton, to the Turnpike Road between Bensington and Shillingford, in the County of Oxford;” to which they desire the Concurrence of this House.
Saddington Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Staunton and others:
With a Bill, intituled , “An Act for dividing, allotting, and enclosing, the Open Fields and Commonable Places in the Parish of Saddington, in the County of Leicester;” to which they desire the Concurrence of this House.
Lyme Regis, &c. Road Bill
A Message was brought from the House of Commons, by the Lord Burghersh and others:
With a Bill, intituled, “An Act to continue and render more effectual an Act of the Thirty-first Year of His late Majesty, for repairing several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis; and for repairing the Road from the Turnpike Road on Uplyme Hill, to the Turnpike Road at, the Three Apes in the Parish of Crewkerne, in the County of Somerset; and other Roads therein mentioned;” to which they desire the Concurrence of this House.
Angerstein's Nat. Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, “An Act for naturalizing John Julius Angerstein;“to which they desire the Concurrence of this House.
Dunchurch to Stone Budge Road Bill
A Message was brought from the House of Commons, by Mr. Skipwith and others:
With a Bill, intituled, “An Act to continue, amend, and render more effectual, the several Acts now subsisting, for repairing the Road from Dunchurch to Stone Bridge in the County of Warwick; to which they desire the Concurrence of this House.
upton,&c Road Bill.
With a Bill, intituled, “An Act for repairing and widening the Road from Upton in the Parish of Ratley, to the North End of Bridge Street, in the Town of Great Kington, and from thence to the Guide Post at the Town of Wellesbourn Hastings, in the County of Warwick;" to which they desire the Concurrence of this House
Leeds to Sheffield &c. Road Bill
A Message was brought from the House of Commons, by Mr. Damel Lascelles and others:
With a Bill, intituled, “An Act to enlarge the Term and Powers of an Act made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from Leeds to Sheffield in the County of Fork, so far as the same relates to the Road from Leeds to Wakefield;” to which they desire the Concurrence of this House.
Tarton to Brandon, Bridge Road Bill.
A Message was brought from the House of Commons, by Sir John Rouse and others:
With a Bill, intituled, “An Act for repairing the Road from the Bridge on the Old River at Barton to Brandon Bridge, in the County of Suffolk;“to which they desire the Concurrence of this House.
Scawley Enclosure Bill.
A Message was brought From the House of Commons, by Mr. Whichcote and others:
With a Bill, intituled, “An Act for dividing and enclosing certain Open Fields and Common Pastures, in the Parish of Scawby, in the County of Lincoln;” to which they desire the Concurrence of this House.
The said Ten Bills were, severally, read the First Time.
Message from H. C. to return Jacqiun's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Clive and others:
To return the Bill, intituled, “An Act for naturalizing John Nicholas Jacquin;” and to acquaint this House, that they have agreed to the same, without any Amendment.
Civil Lift Revenues, Accounts delivered.
The House being informed, “That Mr. Speirs from the Treasury, attended:”
He was called in; and delivered at the Bar, pursuant to Addresses to His Majesty in the last Session of Parliament for the Accounts therein mentioned,
“An Account of all the Civil Lift Expences which incurred and became due between the 1st Day of January and the 31st of December in every Year, Since His Majesty's Accession to the Throne, to the 31st of December 1768, according to the Establishments and other Appoinments then in Use, distinguishing each Year.”
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
Executors of St R Rich, Leave for Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Francis Lord Orwell and others, Executors of the late Sir Robs; Rich; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Rich's Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for vesting the Share and Interest of George Rich Esquire, Second Son of Sir Robert Rich Baronet deceased, of and in Six thousand Pounds, which, by the Settlement made on the Marriage of the said Sir Robert Rich with Dame Elizabeth Rich his now Widow, was seemed for the Benefit of their younger Children, in the Executors of the said Sir Robert Rich as Part of his Personal Estate, pursuant to a Codicil to his Will, made for that Purpose.”
Walker's Bill
Hodie 3a vice lecta est Billa, intituled, “An Act for vesting the Manor of Lymington, and certain Lands and Hereditaments in the Counties of Somerset and Wilts, settled by the Will of John Walker Esquire deceased, in Trustees, to be sold, and for settling other Lands and Hereditaments in the said County of Wilts, in Lieu thereof, and for other Purposes therein mentioned.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Message to. H. C. with it.
A Message was sent to the House of Commons;, by Mr. Montague and Mr. Cuddon;
To carry down the said Bill, and desire their Concurrence thereto.
Docksey et Ux. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Docksey Esquire and Merrial his Wife; praying Leave to bring in a Private Bill
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for vesting the Manor of Snelston, and certain Messuages, Lands, and Hereditaments, in Snelston, in the County of Derby, comprised in the Marriage Settlement of Thomas Docksey Esquire, in Trustees, in Trust to sell and convey the same to Arthur Bowyer Gentleman, and his Heirs, discharged from the Uses of the said Settlement, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof to the same Uses.”
E Radnor, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of William Earl of Radnor; praying Leave to bring in a Private Bill.
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for vesting several Lands and Tenements settled and entailed upon Jacob Pleydell Bouverie, commonly called Viscount Folkestone, and William Earl of Radnor, and their Issue respectively, by the Will of Sir Mark Stuart Pleydell Baronet deceased, in Trustees, to be sold to discharge Incumbrances, and for vesting several Lands and Tenements settled and entailed upon the said Earl and his Issue by the Will of Sir Edward Des Bouverie Baronet deceased, in Trustees, to be sold, and for settling other Lands and Hereditaments in Lieu thereof.“
Sir Geo Robinson et Ux Estate
Hodie 1a vice lecta est Billa, intituled, “An Act to empower the Trustees, named in the Settlement of Sir George Robinson Baronet and Dame Dorothea his Wife, to grant Building and Repairing Leases of the Settled Estates in or, near Tower Hill, within the Liberty of the Tower of London, and for other the Purposes therein mentioned.”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday the 16th 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.
D. Kingston 's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for vesting a certain Messuage or Tenement, with the Appurtenances, in Arlington Street, in the County of Middlesex, Part of the Settled Estate of the Most Noble Evelyn Duke of Kingston in Trustees, and their Heirs, in Trust for the said Duke, and for settling other Estates of the said Duke to the same Uses as the said Messuage and Premises now stand limited.”
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.
Irish Tallow, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act to continue, for a limited Time, an Aft, made in the Seventh Year of His present Majesty's Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Halloughton enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields, and certain Commonable Places, in the Parish of Halloughton, in the County of Leicester.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Ratby Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields in Ratby, in the Parish of Ratby, and County of Leicester.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Three preceding Bill.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Mac Lord and Wemyss against Sir John Gordon et al.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein Roderick Mac Lead of Cadboll Esquire, and William Wemyss Writer to the Signet in Edinburgh, are Appellants; and Sir John Gordon Baronet 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.
Weir against Hogg.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein Charles Hope Weir Esquire is Appellant, and Roger Hogg Junior 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.
Weir against Robertson
The House being moved, “That a Day may be appointed for hearing the Cause, wherein Charles Hope Weir is Appellant, and John Robertson Esquire is Respondent:”
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.
Dickson against Ministers of the Presbytery of Biggar et al.
The House being informed, “That the Ministers of the Presbytery of Biggar and others, Respondents to the Appeal of David Dickson of Kilhucho Esquire, 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 Alexander Gordon Writer in Edinburgh, of the due Service of the said Order being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.
Scott against L. Falconar et al.
The House being informed, “That William Lord Falconar and others, Respondents to the Appeal of James Scott of Brotherton Esquire, 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 Andrew Carmichaell Writer in Edinburgh, of the due Service of the said Order being read:
Ordered, That the said Respondents do put in their Answer, to the said Appeal, peremptorily, in a Week.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Martii, hora undecima Auroræ Dominis sic decernentibus.
DIE Jovis, 2o Martii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Pulteney and Frazer against Sir John Gordon et al.
The answer of Sir John Gordon Baronet and others, to the Appeal of William Pulteney Esquire and Alexander Frazer, was this Day brought in.
Gray and Stuart against Ogilvy et al
After hearing Counsel upon the Petition and Appeal of William Gray Merchant and late Provost of Perth, and William Stuart Junior, Merchant there, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of November 1768 and 21st February 1769; and also of Two other Interlocutors of the said Lords of the 7th of March 1769; and praying, “ That the same might be reversed, varied, or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Alexander Ogilvy, Gilbert Meason, Andrew and Hugh Blackburns; and also upon the separate Answer of Messieurs Andrew and Hugh Blackburn of Glasgow Merchants, 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.
Saddington Enclosure Billa, the King's Consent signified to it.
The Lord Viscount Weymouth acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for dividing, allotting, and enclosing, the Open Fields and Commonable Places, in the Parish of Saddington, in the County of Leicester" was pleased to consent (as far as His Majesty's Interest is concerned), that their Lordships may proceed therein, as they shall think fit.”
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing, allotting, and enclosing, the Open Fields and Commonable Places in the Parish of Saddington, in the County of Leicester”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, of 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.
Gation Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for better regulating the Navigation of the River Trent from Wilden Ferry, otherwise Cavendish Bridge, in the County of Derby, to Gainsborough, in the County of Lincoln.”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Aylesbury &c Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for amending the Road from Aylesbury, in the County of Buckingham, through Thame and Little Milton, to the Turnpike Road between Bensington and Shillingford, in the County of Oxford.”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Angerstein's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Julius Angerstein.”
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.
Lock et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of William Lock Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a, Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act to ] enable the surviving Executor named in the Will of William Lock Esquire deceased, to lay out the Residue of the Personal Estate of the said William Lock, or some Part thereof, in the Purchase of Estates in Ireland, to be conveyed, settled, and assured to the Uses, upon the Trusts, and for the Intents and Purposes, and subject to the Powers and Provisoes mentioned, declared, and contained in and by the said Will, instead of laying out the same in the Purchase of Estates in England, as by the said Will is directed.”
St Paul Shad. well Poor Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act for the better maintaining, regulating, and employing the Poor, within the Parish of Saint Paul Shadwell, in the County of Middlesex.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Waddington Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, in the Parish of Waddington, in the County of the City of Lincoln.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Head to take the Name of James, Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act to enable William Head Esquire, a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire deceased.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Three preceding Bill.
A Message was Ordered to be sent to the House of Commons, by Mr. Montague and Mr. Cuddon:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Motion for an Address for an Encrease of Seamen.
Moved, “ To resolve, that an humble Address be presented to His Majesty, beseeching Him forthwith to take the proper Steps for such an Encrease of Seamen in the Royal Navy, as shall effectually preserve the Honour and Security of His Majesty's Kingdoms and Colonies, and protect the Trade of His Majesty's Subjects.”
Then it was moved, “ To adjourn to Monday next.”
Which being objected to:
After long Debate,
the Question was put thereupon.
It was resolved in the Affirmative.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ quintum diem instantis Martii, hora undecima Aurora, Dominis sic decernen tibus.
DIE Lunæ 5o Martii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Dundas against Ram say et al.
After hearing Counsel upon the Petition and Appeal of David Dundas Younger of Newhalls Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767; and praying, “ That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Robert Ramsay, John Stuart, Thomas Baillie, and William Baillie, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby reversed.
Dundus against Dundas:
After hearing Counsel upon the Petition and Appeal of David Dundas Younger of Newhills Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th of November 1768; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of James. Dundas of Dundas Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby reversed.
Glen against Baillie et al:
Upon reading the Petition of the Agents in a Cause depending in this House, which stands appointed for hearing, in which Thomas Glen Esquire is Appellant, and Thomas Baillie and others are Respondents, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 19th of December 1767, the 26th of February, and the 8th and 9th of March 1768; setting forth, “ That the Merits of the Question upon this Appeal, with respect to the Appellant's Sasines or Infeofments, are the same as in the Cause wherein David Dundas Esquire is Appellant, and Robert Ramsay and others are Respondents" and therefore praying, “ That their Lordships will be pleased to reverse the Interlocutors of the Court of Session appealed from, and order the Sheriff Clerk of the County of Linlithgow to add the Appellant to the Lift of Freeholders of the said County:”
Interlocutors reversed, and Order thereupon.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be reversed: And it is further Ordered, That the said Sheriff Clerk do add the Appellant to the Lift of Freeholders of the said County.
Lumsdam against Baillie et al.
Upon reading the Petition of the Agents in a Cause depending in this House, which stlands appointed for hearing., in which John Lunsdam of Blancairn is Appellant, and Thomas Baillie and others are Respondents, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 19th of December 1767, the 26th of February, and the 8th and 9th of March 1768; letting forth, “ That the Merits of the Question upon this Appeal, with respect to the Appellant's Sasines or Infeofments, are the same as in the Cause wherein David Dundas Esquire is Appellant, and Robert Ramsay and others are Respondents;” and therefore praying That their Lordships will be pleased to reverse the Interlocutors of the Court of Session appealed from, and order the Sheriff Clerk of the County of Linlithgow to add the Appellant to the "List of Freeholders of the said County:”
Interlocutors reversed, and Order thereupon.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors complained of in the said Appeal be reversed: And it is further Ordered, That the said Sheriff Clerk do add the Appellant to the Lift of Freeholders of the said County.
Napier against Ramsay et al:
Upon reading the Petition of the Agents in a Cause depending in this House, which stands appointed for hearing, in which Captain Charles Napier is Appellant, and Robert Ramsay and others are Respondents, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767; setting forth, “ That the Merits of the Questions upon this Appeal are the same as in the Two Appeals wherein David Dundas Esquire is Appellant, and Robent Ramsay and others, and James Dundas Esquire, are Respondents; and therefore praying, “ That their Lordships will be pleased to reverse the Interlocutor of the Lords of Session appealed from:”
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutor complained of in the said Appeal be, and the same is hereby reversed.
Napier against Dundas:
Upon reading the Petition of the Agents in a Cause depending in this House, which stands appointed for hearing, in which Captain Charles Napier is Appellant, and James Dundas Esquire is Respondent, complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th of November 1768) setting forth, “That the Merits of the Questions upon" this Appeal are the same as in the Two Appeals wherein David Dundas Esquire is Appellant, and Robert Ramsay and others, and james Dundas Esquire, are Respondents and therefore praying, “That their Lordships will be pleased to reverse the said Interlocutor of the Lords of Session appealed from:”
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutor complained of in the said Appeal be, and the same is hereby reversed.
Macqueen against Ramsay et al.
Upon reading the Petition of the Agents in a Cause depending in this House, which Hands appointed for hearing, in which Robert Macqueen Esquire is Appellant, and Robert Ramsay and others are Respondents, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767; setting forth, “ That the Questions upon this Appeal are the same as in the Two Appeals wherein David Dundas Esquire is Appellant, and Robert Ramsay and others, and James Dundas Esquire, are Respondents;” and therefore praying, “ That their Lordships will be pleased to reverse the Interlocutor of the Lords of Session appealed from:”
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That:
the Interlocutor complained of in the said Appeal be, and the same is hereby reversed.
Macqueen against Dundas:
Upon reading the Petition of the Agents in a Cause depending in this House, which stands appointed for hearing, in which, Robert Macqueen Esquire is Appellant, and james Dundas Esquire is Respondent, complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th of November 1768; setting forth, That the Merits of the Questions upon this Appeal are the same as in the Two Appeals wherein David Dundas Esquire is Appellant, and Robert Ramsay and others, and James Dundas Esquire, are Respondents;” and therefore praying, “That their Lordships will be pleased to reverse the Interlocutor of the Court of Session appealed from:”
Interlocutor reversed.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutor complained of in the said Appeal be, and the same is hereby reversed;
E Jersey takes the Oaths.
Bussey Villiers Earl of Jersey took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
Skene et al. againstOgilvie; Scott against Fothningham et al.
A Petition of the Agents for the Appellants and Respondents, in Two Causes depending in this House, which stand appointed for hearing, in the First of which George Skene Esquire, and other Freeholders of the County of Forfar are Appellants, and David Ogilvie Esquire is Respondent; and in the other, John Scott Esquire is Appellant, and Thomas Fothringham Esquire and other Freeholders of Forsat are Respondents, was presented and read; praying, “ In regard the Parties are under Terms for settling the Matters in Dispute by a Compromise, that the Hearing of these Two Causes may be put off till after all the Causes already appointed.”
And thereupon the Agents were called in; and heard; and having averred at the Bar that these Causes were very near being compromised;
They Were directed to withdraw.
Ordered, That the Hearing of these Causes be put off till after those already appointed.
Eaton Bridge. &c. Road Bill.
A Message was brought from the House of Commons, by Sir Francis Vincent and others:
With a Bill, intituled, “An Act for the repairing, widening, and keeping in Repair, the Road leading from the Eaton Bridge Turnpike Road at Cockham Hill in the Parish of Westerham, in the County of Kent, through the Village of Limpsfield, to the Village of Titsey, over Botley Hill, Wormsheath, and Willingham Common, to the Turnpike Road leading from Croydon to Godstone, in the County of Surry;” to which they desire the Concurrence of this House.
Mendip Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Cox and others;
With a Bill, intituled, “An Act for dividing and enclosing an Open Common or Tract of Ground, Parcel of Mendip, in the Parishes of East Cranmore and West Cranmore, in the County of Somerset” to which they desire the Concurrence of this House.
Lewes to Bughthelinston, &c Road Bill.
A Message was brought from the House of Commons, by Colonel Hay and others:
With a Bill, intituled, “An Act for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex;” to which they desire the Concurrence of this House.
Brampton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Hotham and others:
With a Bill, intituled, “An Act for dividing and enclosing the Open Commons within the Manor or Lordship of Brampton, in the Parish of Longmarston, in the County of Westmorland;” to which they desire the Concurrence of this House.
The said Four Bills were, severally, read the First Time.
D Norfolk et al Leave tor a Bill for Sir Waller Blount
After reading and considering the Report of the Judges, to whom was referred the Petition of the most Noble Edward Duke of Norfolk and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Sir Walter Blount's Bill.
Hodie 1a vice lecta est Billa, intituled, “An Act for confirming and carrying into Execution the several Uses, Trusts, Limitations, Provisoes, and Agreements, respectively expressed, declared, and contained, in the several Marriage Settlements of Sir Walter Blount Baronet and the Honourable Dame Mary his Wife, and of the Honourable Thomas Clifford the Elder and the Honourable Barbara his Wife; and for other Purposes.”
Allett et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of John Allett Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for vesting the Two undivided Fourth Parts of Priscilla Allett, (the Wife of John Allett Esquire), and of Alice Warner, (the Wife of William Warner Gentleman), of and in the Manors or reputed Manors of Great Bourton and Little Bourton, and divers Messuages, Lands, and Hereditaments, in the Parishes of Great Bourton and Little Bourton, in the County of Oxford, in Trustees, to sell and convey the same to William Prowett Gentleman, and for laying out the Money arising by such Sale in Three per Cent. Consolidated Bank Annuities, to be secured and transferred in Manner therein mentioned.”
L. strange et al. Leave for a Bill for Ralme:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Lord
Strange and others, Trustees of the Estates devised by William Hulme Esquire; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Hulme's Bill.
Hodie 1a vice lecta est Billa, intituled, “An Act to enable the Trustees of the Estates devised by William Hulme Esquire, to grant Building Leases thereof, and to encrease the Number of Exhibitioners in Brazen Nose College, Oxford, founded by the said Testator; and for other the Purposes therein mentioned.”
Lock's Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act to enable the surviving Executor named in the Will of William Lock Esquire deceased, to lay out the Residue of the Personal Estate of the said William Lock, or some Part thereof, in the Purchase of Estates in Ireland, to be conveyed, settled, and assured, to the Uses, upon the Trusts, and for the Intents and Purposes; and subject to the Powers and Provisoes mentioned, declared, and contained, in and by the said Will, instead of laying out the same in the Purchase of Estates in England, as by the said Will is directed.”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Tuesday the 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.
Appach for a Nat. Bill:
Upon reading the Petition of John Jacob Appach; praying Leave to bring in a Bill for his Naturalization.
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Whereupon, The Lord Boston presented to the House a Bill, intituled, “An Act for naturalizing John Jacob Appach”
The said Bill was read the First Time
Saddington Enclosure Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing, allotting, and "enclosing, the Open Fields and Commonable Places in the Parish of Saddington in the County of Leicester," 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.”
Aylesbury, &c. Road Bill.
The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, “An Act for amending the Road from Aylesbury in the County of Buckingham, through Thame and Little Milton, to the Turnpike Road between Bensington and Shilling ford in the County of Oxford" was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”
Trent Navigation Bill.
The Lord Sandys also made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act for the better regulating the Navigation of the River Trent from Wilden Ferry, otherwise Cavendish Bridge, in the County of Derby, to Gainsborough in the County of Lincoln," was committed.
Hanman's Nat. Bill.
The Lord Boston presented to the House (pursuant to an Order of Leave on the 21st Day of February last) a Bill, intituled, “An Act for naturalizing John Gottfried Hanman”
The said Bill was read the First Time
E. Radnor's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for vesting several Lands and Tenements, settled and entailed upon Jacob Pleydell Bouverie, commonly called Viscount Folkestone, and William Earl of Radnor, and their Issue respectively by the Will of Sir Mark Stuart Pleydell Baronet deceased, in Trustees, to be sold to discharge Incumbrances; and for vesting several Lands and Tenements, settled and entailed upon the said Earl and his Issue by the Will of Sir Edward Des Bouverie Baronet deceased, in Trustees, to be sold; and for settling other Lands and Hereditaments 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 Tuesday the 20th Day of this instant March, at the usual Time and Place; and to adjourn as they please.
Docksey's Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for vesting the Manor of Snelston, and certain Messuages, Lands, and Hereditaments in Snelston, in the County
of Derby, comprised in the Marriage Settlement of Thomas Dockscy Esquire, in Trustees, in Trust to sell and convey the same to Arthur Bowyer Gentleman and his Heirs, discharged from the Uses .of the said Settlement; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof, to the same Uses.”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Scawby Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Open Fields and Common Pastures in the Parish of Scawby, in the County of Lincoln.”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any five of them, to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Leeds to Sheffield Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from Leeds to Sheffield in the County of York, so far as the same relates to the Road from Leeds to Wakefield.”
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.
Upton, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for repairing and widening the Road from Upton in the Parish of Ratley, to the North End of Bridge Street in the Town of Great Kington, and from thence to the Guide Post at the Town of Wellesbourne Hastings in the County of Warwick.”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Lyme Regis, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act to continue and render more effectual an Act, of the Thirty-first Year of His late Majesty, for repairing several Roads in the Counties of Dorset and Devon leading to and through the Borough of Lyme Regis; and for repairing the Road from the Turnpike Road on Uplyme Hill to the Turnpike Road at The Three Ashes in the Parish of Crewkerne in the County of Somerset, and other Roads 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.
Dundas against Wardrope.
Ordered, by Consent of the Agents, That the Cause, wherein James Dundas is Appellant, and William Wardrope is Respondent, be heard Tomorrow.
Sir John Gordon against L. Ellibank et al.
The House being informed, “That Patrick Lord Ellibank and others, Respondents to the Appeal of Sir John Gordon Baronet, 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 Adam Stewart Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.
Pulteney and Frazer against Sir John Gordon et al.
The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Pulteney Esquire and Alexander Frazer are Appellants, and Sir John Gordon Baronet 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.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 60 Martii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Dundas against Wardrope.
After hearing Counsel upon the Petition and Appeal of James Dundas of Dundas Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of November and 23d of December 1768;and praying, “ That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of William Wardrope, put into the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutors of the 23d of November and 23d of December 1768, in so far as they repel the Objections to the Respondent's Seisin, be affirmed, and that the other Parts of the said Interlocutors be reversed: And it is Declared, That the Respondent ought not to have been enrolled in the Roll of Freeholders for the County of Linlithgow; it is therefore hereby further Ordered and Adjudged, That the Name of the said Respondent be expunged from the said Roll of Freeholders for the said County of Linlithgow.
Dundas against Dur ham Upon Petition of both Parties the same Judgement given as in the Last Cause.
Upon reading the Petition of the Agents in a Cause depending in this House, which stands appointed for hearing, wherein James Dundas Esquire is Appellant, and Robert Durham Esquire is Respondent, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 15th of November and 23d of December 1768; setting forth, “ That the Merits of the Question upon this Appeal are the same as in the Cause wherein James Dundas Esquire is Appellant, and William Wardrope Esquire is Respondent;” and therefore praying, “ That their Lordships will be pleased to pronounce the same Judgement upon this Appeal as was pronounced upon that wherein James Dundas Esquire is Appellant, and William Wardrope Esquire is Respondent:”
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal, in Parliament assembled, That the Interlocutors of the 15th of November and 23d of December 1768, in so far as they repel the Objections to the Respondent's Seisin, be affirmed, and that the other Parts of the said Interlocutors be reversed: And it is Declared, That the Respondent ought not to have been enrolled in the Roll of Freeholders for the County of Linlithgow; it is therefore hereby further Ordered and Adjudged, That the Name of the said Respondent be expunged from the said Roll of Freeholders for the said County of Linlithgow.
Macleod against Sir John Gordon.
A Petition of the Agents in a Cause depending in this House, which (lands appointed for hearing, whereinRoderick Macleod is Appellant, and Sir John Gordon Baronet is Respondent, was presented and read; setting forth, “That neither the Extract, nor anyof the Printed Proceedings in this Cause, have as yet been transmitted from Scotland to either of the Agents for the Parties;” and therefore praying, That the Hearing of this Cause may be put off till after those already appointed.”
And thereupon the Agents were called in, and heard at the Bar:
And being withdrawn:
Ordered, That the Hearing of this Cause be put off till after those already appointed.
Cartwright et U. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Cartwright Esquire and Mary Catherine his Wife; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “ An Act for enabling Thomas Cartwright Esquire to sell, in see Simple, Part of the Settled Estates of the said Thomas Cartwright, to discharge Incumbrances; and for settling the Remainder of the said Estates to the several Uses therein mentioned.”
Fitzherbert et al Leave for Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend John Fitzherbert, Henry Cavendish, and others: praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for establishing and confirming an Exchange of divers Lands and Hereditaments in the Parish of Dovebridge, in the County of Derby, for other Lands and Hereditaments in the same Parish, pursuant to an Agreement between John Fitzherbert Clerk, Master of Arts, Vicar of the Vicarage and Parish Church of Dovebridge within the Diocese of Litchfield and Coventry, and Sir Henry Cavendish Baronet, by and with the Consent of the Patron of the said Vicarage, and the Ordinary of the Diocese.”
Lewes to Brighthelmston Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for repairing and widening the Road from Lewes to Brighthelmston in the County of Sussex.”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday next at Ten o'clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Eaton Bridge, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for the repairing, widening, and keeping in Repair, the Road leading from Eaton Bridge Turnpike Road at Cockham Hill in the Parish of Westerham in the County of Kent, through the Village of Limpsfield, to the Village of Titsey, over Botley Hill, Wormsheath, and Willingham Common, to the Turnpike Road leading from Croydon to Godstone in the County of Surry.”
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.
Hulme's Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Trustees of the Estates devised by William Hulme Esquire to grant Building Leases thereof, and to encrease the Number of Exhibitioners in Brazen Nose College, Oxford, founded by the said Testator, and for other the 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 Wednesday the 21 st Day of this instant March, at the usual Time and Place; and to adjourn as they please.
Barton to Brandon Bridge Road Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for repairing the Road from the Bridge on the Old River at Barton to Brandon Bridge in the County of Suffolk.
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 Friday next, at the usual Time and Place; and to adjourn as they please.
Brampton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons within the Manor or Lordship of Brampton, in the Parish of Longmarston, in the County of Westmorland”
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Saddington Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act for dividing, allotting, and enclosing, the Open Fields, and Commonable Places, in the Parish of Saddington in the County of Leicester."
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Aylesbury, &c. Road Bill;
Hodie 3a vice lecta est Billa, intituled, “An Act for amending the Road from Aylesbury in the County of Buckingham, through Thame and Little Milton, to the Turnpike Road between Bensington and Shillingford in the County of Oxford.”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Trent Navigation Bill:
Hodie 3a vice lecta est Billa, intituled, “An Act for the better regulating the Navigation of the River
Trent, from Wilden Ferry, otherwise Cavendish Bridge, in the County of Derby, to Gainsborough in the County of Lincoln."
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Message to H. C that the Lords have agreed to the Three preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Pechell:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Sheffield Hospital Bill
The Lord Boston (pursuant to an Order of Leave of the 15th of February last) presented to the House a Bill, intituled, “ An Act to explain and amend an Aft, passed in the Eleventh Year of the Reign of His Majesty King George the First, intituled, “ An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury, long since deceased, situate at Sheffield in the said County of York; and for enlarging the Buildings of the said Hospital, and adding more poor Persons to those already established therein;” and for enlarging the Powers contained in the said Act; and for other Purposes.”
The said Bill was read the First Time.
L Edgecumbe Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable George Lord Edgecumbe and Emma his Wife; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act to enable the Right Honourable George Lord Edgecumbe to grant Building Leases of Lands, Tenements, and Hereditaments, within the Manor of Stonehouse, otherwise East Stonehouse, in the County of Devon.”
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Martii 1770.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Plunkett and Reilly against L. Glerawley and Annesley.
After hearing Counsel in Part in the Cause wherein Arthur James Plunkett Esquire and James Reilly Esquire are Appellants, and the Right Honourable William Lord Viscount Glerawley and Arthur Annesley Esquire are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till Tomorrow.
Shaw by En. closure Bill.
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing and enclosing certain Open Fields and Common failures, in the Parish of Scawby in the County of Lincoln" was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the. Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”
Upton, &c. Road Bill.
The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for repairing and widening the Road from Upton, in the Parish of Ratley, to the North End of Bridge Street, in the Town of Great Kington, and from thence to the Guide Poll at the Town of Wellesbourne Hastings, in the County of Warwick" was committed: " That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”
Lyme Regis, &c. Road Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to continue and render more effecual an Act of the Thirty-first Year of His late Majesty for repairing several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis; and for repairing the Road from the Turnpike Road on uplyme Hill, to the Turnpike Road at The Three Ashes in the Parish of Crewkerne, in the County of Somerset, and other Roads therein mentioned," was committed.
Leeds to Sheffield Road Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act to enlarge the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from heeds to Sheffield, in the County of York, so far as the same relates to the Road from Leeds to Wakefield,” was committed.
Angerstein's Nat. Bill.
The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act for naturalizing John Julius Angerstein,” was committed.
Writs of Error.
The Lord Mansfield Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Two Writs of Error:
In the First of which,
Paumier against Caffarena:
John Paumier is Plaintiff, and Joseph Caffarena is Defendant:
And in the last,
Lumley against Ballamy.
Bartholomew Lumley is Plaintiff, and Samuel Ballamy is Defendant.
Standing Order No. 117, read, and the Cause, MACdonalds against Butter put off, the Cases not being delivered.
It was moved, “ That the Standing Order, No. 117, requiring the Delivery of Printed Cases in Appeals Four Days before the hearing, might be read.”
The same was accordingly read by the Clerk.
Ordered, That the Cause, wherein Ronald and Alexander Macdonalds are Appellants, and Henry Butter is Respondent, which stands appointed for hearing Tomorrow, be put off till after all the Causes already appointed, the Agents not having delivered in their Printed Cases.
Hobart Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Honourable George Hobart and Albinta his Wife praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the Said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “An Act for Sale of the Settled Estate of the Honourable George Hobart in the County of Leicester, and for inverting the Monies to arise from such Sale in the Purchase of other Lands, to be settled to the like Uses.”
Salvia et al Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of William Salvin Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the Said Petition and Report.
Bill read.
Hodie ia vice lecta est Billa, intituled, “An Act for confirming an Agreement, afterwards made an Order of Assize and Rule of His Majesty's Court of King's Bench at Westminster, in a Cause wherein John Doe, on the Demise of William Salvin Esquire and Catherine his Wife, was Plaintiff, and Margaret Thornton and Mary Thornton Spinsters, Infants, by their Guardians, were Defendants, touching the Manor of Netherwitton, Capital Messuage of Netherwitton, and other Messuages, Lands, and Hereditaments, in the County of Northumberland, heretofore the Estate of John Thornton late of Netherwitton aforesaid Esquire deceased and for confirming the Award made in pursuance of the Said Agreement.”
Thetford to Newmarket Road Bill.
A Message was brought from the House of Commons, by Mr. Conway and others:
With a Bill, intituled, “An Act for enlarging the Term and Powers of an Act for amending the Road from Christopher's Bridge in the Borough of Thetford, in the County of Suffolk, to the North-east End of the Town of Newmarket, in the County of Cambridge;” to which they desire the Concurrence of this House.
Tunstall, &c. Road Bill.
A Message was brought from the House of Commons, by Sir John Wrottesley and others:
With a Bill, intituled, “ An Act for repairing and widening the Road from Tunstall, in the County of Stafford, to Bosley, in the County of Chester; and from Great Chell to Shelton, in the Said County of Stafford;” to which they desire the Concurrence of this House.
Birmingham, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Skipwith and others:
With a Bill, intituled, “ An Act to enlarge the Term and Powers of an Act, of the Eighteenth Year of the Reign of King George the Second, for repairing the Road from Birmingham, in the County of Warwick, (through Elmdon), to a Lane leading to the End of Store Budge, in the Said County to which they desire the Concurrence of this House.
Blackbourton Enclosure Bill.
A Message was brought from the House of Commons, by the Lord Charles Spencer and others:
With a Bill, intituled, “ An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Grounds, in the Parish of Blackbourton in the County of Oxford” to which they desire the Concurrence of this House.
Harwood to take the Name of Backwell, Bill.
A Message was brought from the House of Commons, by Mr. Burrell and others:
With a Bill, intituled, “An Act to enable William Harwood and his Issue to take and use the Surname and Arms of Backwell, pursuant to the Will of William Backwell deceased to which they desire the Concurrence of this House.
Norwich to Walton Road Bill.
A Message was brought from the House of Commons, by Mr. De Grey and others:
With a Bill, intituled, “An Act for amending and widening the Road from Saint Stephen's Gate, in the
County of the City of Norwich, to the Wind Mill in the Town of Watton, in the County of Norfolk; to which they desire the Concurrence of this House.
Norwich to Swaffham, &c. Road Bill
A Message was brought from the House of Commons, by Mr. Townshend and others:
With a Bill, intituled, “An Act for amending and widening the Road from Saint Benedict's Gate in the County of the City of Norwich, to Swaffham, in the County of Norfolk; and from Halfpenny Bridge in Honingham, to the Bounds of Yaxham; and also a Lane called Hangman's Lanc, near the Gates of the Said City;” to which they desire the Concurrence of this House.
The Said Seven Bills were, severally, read the First Time.
Mendip Enclosure Bill.
Hodie 2a vice lecta est Billa intituled, “ An Act for dividing and enclosing an Open Common or Tract of Ground, Parcel of Mendip, in the Parishes of East Cranmore and West Cranmore in the County of Somerset.”
Ordered, That the Said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers and to adjourn as they please.
Blount and Clifford's Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for confirming and carrying into Execution the several Uses, Trusts, limitations, Provisoes, and Agreements, reflectively expressed, declared, and contained in the several Marriage Settlements of Sir Walter Blount Baronet and the Honourable Dame Mary his Wife; and of the Honourable Thomas Clifford the Elder and the Honourable Barbara his Wife; and for other Purposes.”
Ordered, That the Said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meer on Thursday the 22d Day of this instant March, at the usual Time and Place; and to adjourn as they please.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit praesens Parliamentum continuandum esse usque Act el in diem Jovis, octavum diem instantis Martii, hora undecima Auroæ, Dominis sic decernentibus.
DIE Jovis, 8o Martii 1770.
Domini tam Spirituales quam Temporales praesentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Sutherland against Urquhart et al.
The Answer of Leonard Urquhart Writer to the Signet, and others, to the Appeal of Lieutenant William Sutherland, was this Day brought in.
Plunkett and Really against L. Glerawley and Annesley:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Arthur James Plunkett Esquire and James Reilly Esquire, complaining of a Decretal Order of the Court of Chancery in Ireland, of the 2d of March 1769; and praying, “That the same might be reversed or set aside, or that the Appellants might have such Relief in the Premises as the Nature and Circumstances of the Case might require;” as also upon the Answer of the Right Honourable William Lord Viscount Glerawley in the Kingdom of Ireland, and Arthur Annesley of Lincoln's Inn Fields in the County of Middlesex Esquire, put in to the Said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal, in Parliament assembled, That this Cause be remitted back to the Court of Chancery in Ireland, and that the Said Court do rehear the same: And it is further Ordered, That in case any of the Parties shall think fit to appeal, that the Said Court do certify the Nature of their Proceedings upon Possessory Bills, and to what Cases such Bills have been extended; and whether there has been any, and what Usage as to Bills of Revivor, or in the Nature of Bills of Revivor, grounded upon such Possessory Bills, where the former Proceeding has abated.
Thetford to Newmarket Road Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for enlarging the Term and Powers of An Act for amending the Road from Christopher's Bridge in the Borough of Thetford, in the County of Suffolk, to the North-east End of the Town of Newmarket, in the County of Cambridge.
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 0'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Harwood to take the Name of Backwell Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act to enable William Haywood and his Issue to take and use the Surname and Arms of Backwell, pursuant to the Will of William Backwell deceased.”
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.
Nelthorpe et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of George Nelthorpe Esquire and others; ,praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the Said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “ An Act for vesting the Freehold Estates late of James Nelthorpe Esquire deceased, in Trustees, in order that the same, or a sufficient Part thereof, may be sold, to raise Money to be applied to pay off the Debts and Incumbrances charged upon and affecting the same; and for laying out the Surplus of the Purchase Money upon the Trusts and for the Purposes therein expressed.”
Sutherland against Urquhart et al.
The House being moved, “ That a Day may be appointed for hearing the Cause wherein Lieutenant William Sutherland is Appellant, and Leonard Urquhart Writer to the Signet, 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.
E Northampton takes the Oaths.
Spencer Earl of Northampton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Appach and Hanman take the Oaths for
John Jacob Appach took the paths in order to his Naturalization.
Naturalization.
Johan Gottfried Hanman took the Oaths in order to his Naturalization.
Appach's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Jacob Appach”
Ordered, That the Said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet Tomorrow, at the usual Time and Place and to adjourn as they please.
Hanman's Nat Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Johan Gottfried Hanman.”
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.
Salvia's Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for confirming an Agreement, afterwards made an Order of Assize and Rule of His Majesty's Court of King's Bench at Westminster, in a Cause wherein John Doe, on the Demise of William Salvin Esquire and Catherine his Wife, was Plaintiff, and Margaret Thornton and Mary Thornton Spinsters, Infants, by their Guardians, were Defendants, touching the Manor of Netherwitton, Capital Messuage of Netherwitton, and other Messuages, Lands, and Hereditaments, in the County of Northumberland, heretofore the Estate of John Thornton late of Netherwitton aforesaid Esquire deceased; and for confirming the Award made in pursuance of the said Agreement.”
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 Friday the 23d Day of this instant March, at the usual Time and Place; and to adjourn as they please.
Sheffield Hospital Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act to; explain and amend an Act, patted in the Eleventh; Year of the Reign of His Majesty King George the First, intituled, “An Act for vesting in Trustees several Lands, Tenements, and Hereditaments, in the Counties of York and Derby, for the Maintenance of the poor Persons in the Hospital of Gilbert Earl of Shrewsbury long since deceased, situate at Sheffield, in the Said County of York; and for enlarging the Buildings of the Said Hospital, and adding more poor Persons to those already established therein;” and for enlarging the Powers contained in the said Act, and for other Purposes.”
Ordered, That the Said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Friday the 16th Day of this instant March at the usual Time and Place and to adjourn a they please.
Martin et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of John Martin Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the Said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “ An Act for confirming a Jointure made by John Martin Esquire, under a Power contained in the Will of James Martin Esquire deceased, and rendering the same Power more effectual.”
Lyme Regis, &c. Road Bill.
Hodie 3a vice lecta est Billa, intituled, “ An Act to continue and render more effectual an Act, of the Thirty-first Year of His late Majesty, for repairing several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis; and for repairing the Road from the Turnpike Road on Uplyme Hill, to the Turnpike Road at The Three Ashes in the Parish of Crewkerne, in the County of Somerset, and other Roads therein mentioned.”
The Question was put, “ Whether this Bill shall pass?”
It was resolved in the Affirmative.
Leeds to Sheffield Road Bill.
Hodie 3a vice lecta est Billa, intituled, “ An Act to enlarge the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing the Road from Leeds to Sheffield, in the County of York, so far as the same relates to the Road from Leeds to Wakefield.”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Upton, &c. Road Bill.
Hodie 3a vice lecta est Billa, intituled, “ An Act for repairing and widening the Road from Upton in the Parish of Ratley, to the North End of Bridge Street in the Town of Great Kington, and from thence to the Guide Post at the Town of Wellesbourne Hastings, in the County of Warwick”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Scawby Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act for dividing and enclosing certain Open Fields and Common Pastures in the Parish of Scawby, in the County of Lincoln.”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Angerstein's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act for naturalizing John Julius Angestein."
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Message to H. C. that the Lords have
A Message was sent to the House of Commons, by Mr.Holford and Mr. Cuddon:
agreed to the Five preceding Bills.
Toacquaint them, That the Lords have agreed to the Said Bills, without any Amendment.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Martii, hora undecima Auroræ,Dominis sic decernentibus.
DIE Veneris, 9o Martii 1770.
Domini tam Spirituales quam Temporales praesentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Johnstone against Gordon.
After hearing Counsel upon the Petition and Appeal of John Johnstone Esquire, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 20th of February and 10th and 11th of March 1768; and praying, “ That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of William Gordon of Newhall Esquire, put in to the Said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Said Interlocutors complained of in the Said Appeal be, and the same are hereby reversed, and that the Respondent's Petition be dismissed: And it is further Ordered, That the Name of the Appellant John Johnstone Esquire, be inserted in the Roll of Freeholders for the County of Cromarty.
Rof, against Sir John Gordon.
After hearing Counsel upon the Petition and Appeal of David Ross of Inverchasly Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 6th and 20th of February 1768; and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Sir John Gordon of Invergordon Baronet, and William Gordon of Newhall Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Said Interlocutors complained of in the Said Appeal be, and the same are hereby reversed, and that the Respondents Petition be dismissed: And it is further Ordered, That the Name of the Appellant David Ross of Inverchasly Esquire be inserted in the Roll of Freeholders for the County of Cromarty,
Ross against Sir John Gordon
After hearing Counsel upon the Petition and Appeal of David Ross Commissary Clerk of Ross complaining of Three Interlocutors of the Lords of Session in Scotland, of the 6th of February, and 8th and 11th of March 1768; and praying, “ That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Sir John Gordon of Invergordon Baronet and William Gordon put in to the Said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and ADJUDGED, by the Lords Spiritual and Temporal in Parliament assembled, That the Said Interlocutors complained of in the Said Appeal be, and the same are hereby reversed, and that the Respondents Petition be dismissed: And it is further Ordered, That the Name of the Appellant David Ross Commissary Clerk of Ross, be inserted in the Roll of Freeholders for the County of Cromarty.
Dalgleish and Mackintosh against Sibbald.
A Petition of Mr. James Dalhousie Advocate, Sheriff Depute of the County of Fife, and Mr. Robert Mackintosh Advocate, Appellants in a Cause depending in this House, wherein James Sibbald is Respondent, was presented and read; praying, “ That they may be at Liberty to withdraw their said Appeal.”
And thereupon the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn:
Appeal withdrawn with Costs.
Ordered, That the Petitioners be at Liberty to withdraw their Said Appeal as desired, upon Payment of Thirty Pounds Costs to the Respondent. ,
Mendip Enclosure Bill.
The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing and enclosing an Open Common or Tract of Ground, Parcel of Mendip, in the Parishes of East Cranmore and West Cranmore, 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.
Brampton Enclosure Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing and enclosing the Open Commons within the Manor or Lordship of Brampton in the Parish of Longmarston, in the County of Westmorland,” was committed;
Eaton Bridge, &c. Road Bill.
The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for the repairing, widening, and keeping in Repair, the Road leading from Eaton Bridge Turnpike Road at Cockham Hill in the Parish of Westerham, in the County of Kent, through the Village of Limpsfield to the Village of Titsey, over Botley Hill, Wormsheath, and Willingham Common, to the Turnpike Road leading from Croydon to Godstone, in the County of Surry, 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.”
Lewes to Brighthelmston, Road Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill,: intituled, “ An Act for repairing and widening the Road from Lewes to Brighthelmston, in the Countryof Sussex” was committed.
Thetford to Newmarket Road Bill.
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act for enlarging the Term and Powers of an Act, for amending the Road from Christopher's Bridge, in the Borough of Thetford, in the County of Suffolk, to the North-east End of the Town of Newmarket, in the County of Cambridge” was committed.
Harwood to take the Name of Backwell, Bill:
The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “ An Act for dividing and enclosing a certain Common or Waste Ground called Derby Hills, in the County of Derby, Parcel of the Manor of Castle Donington, in the Counties of Leicester and Derby,” was committed.
Appach's Nat. Bill.
The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An ActOrdered, That the Said Bill be committed to the Consideration of the Lords following:
ordered that the said bill be engrossed
L Edgecum's estate bill
Hodie 2a vice lecta est Billa, intituled, “ An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Grounds, in the Parish of Blackbourton, in the County of Oxford”
Ordered, That the Said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Monday the 26th 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.
Fitzherbert's Exchange Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for establishing and confirming an Exchange of divers Lands and Hereditaments in the, Parish of Dovebridge, in the County of Derby, for other Lands and Hereditaments in the same parish, pursuant to an Agreement between John Fitzherbert Clerk, Master of Arts, Vicar of the Vicarage and Parish Church of Dovebridge, within the Diocese of Litchfield and Coventry, and Sir Hairy Cavendish Baronet, by and with the Consent of the Patron of the Said Vicarage, and the Ordinary of the Diocese.”
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.
Sir Rich's Estate Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for vesting the Share and Interest of George Rich Esquire, Second Son of Sir Robert Rich Baronet deceased, of and in Six thousand Pounds (which, by the Settlement made on the Marriage of the Said Sir Robert Rich with Dame Elizabeth Rich his now Widow, was secured for the Benefit of their younger Children) in the Executors of the Said Sir Robert Rich, as Part of his Personal Estate, pursuant to a Codicil to his Will, made for that Purpose.”
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.
Blackbourton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Grounds, in the Parish of Blackbourton, in the County of Oxford”
Ordered, That the Said Bill be committed to the Consideration of the, Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place 5 and to adjourn as they please.
Cosham Manor, Grant of, to Methuen, Bill.
A message was brought from the House of Commons, by Mr. Kynaston and others:
With a Bill, intituled, “ An Act for enabling His Majesty to grant the Inheritance in see Simple of the Manor of Cosham, in the County of Wills, with the Rights, Members, and Appurtenances thereof, now held under a Demise by Letters Patent under the Great Seal of His Majesty's Court of Exchequer, in Trust for Paul Methuen Esquire, unto the Said Paul Methuen and his Heirs, upon a full and adequate Consideration to be paid for the same;” to which they desire the Concurrence of this House.
Cirencester to Birdlip Hill Road Bill.
A message was brought from the House of Commons, by Mr. Barrow and others:
With a Bill, intituled, “ An Act to enlarge the Term and Powers of an Aft, made in the Twentieth Year of His late Majesty, for repairing the Road from Cirencester, in the County of Gloucester, to Birdlip Hill, in the Said County;” to which they desire the Concurrence of this House.
Wellbourn Mountford to Stratford upon Avon Road Bill.
A Message was brought from the House of Commons, by Mr. Skipwith and others:
With a Bill, intituled, “ An Act for amending the Road from Wellsbourn Mountford to Stratford upon Avon, in the County of Warwick;” to which they desire the Concurrence of this House.
Derby Hills Enclosure Bill.
A message was brought from the House of Commons, by the Lord George Cavendish and others:
With a Bill, intituled,. “ An Act for dividing and enclosing a certain Common .or Waste Ground called Derby Hills, in the County of Derby, Parcel of the Manor of Castle Donigton, in the Counties of Leicester and Derby;” to which they desire the Concurrence of this House.
Bulkington Enclosure Bill.
A message was brought from the House of Commons, by Mr. Skipwith and others:
With a Bill, intituled, “An Act for dividing and enclosing several Common Fields and Commonable Lands, within the Parish of Bulkington, in the County of Warwick;” to which they desire the Concurrence of this House.
The Said Five Bills were, severally, read the First Time.
Cosham Manor, Grant of, to Methuen, Bill; the King's Content to it.
The Lord Viscount Weymouth acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, “ An Act for enabling His Majesty to grant the Inheritance in Fee Simple of the Manor of Cosham, in the County of Wilts, with the Rights, Members, and Appurtenances thereof, now held under a Demise by Letters Patent under the Great Seal of His Majesty's Court of Exchequer, in Trust for Paul Methuen Esquire, unto the Said Paul Methuen and his Heirs, upon a full and adequate Consideration to be paid for the same;” was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they mail think fit.”
E Oxford Leave for a Bill
After reading and considering the Report of the Judges, to whom was referred the Petition of George Earl of Oxford praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the Said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, “ An Act for vesting a Messuage in Pall Mall, and the Pictures and Furniture thereunto belonging, in George Earl of Oxford, discharged from certain Trusts created thereof, and for settling Freehold Lands in the County of Norfolk, of greater Value, in Lieu thereof, to the Uses therein mentioned.”
Nelthorpe's Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for vesting the Freehold Estates late of James Nelthorpe Esquire deceased, in Trustees, in order that the same, or a sufficient Part thereof, may be sold to raise Money to be applied to pay off the Debts and Incumbrances charged upon and affecting the same, and for laying out the Surplus of the Purchase Money Upon the Trusts and for the Purposes therein expressed.”
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 26th Day of this instant March, at the usual Time and Place and to adjourn as they please.
Carries brought forWard.
Ordered, That the Cause wherein the Reverend Thomas Hepburn is Appellant, and Charles Earl of Portmore is Respondent, which stands appointed for hearing on Monday next, be brought forward and heard Tomorrow; and that the Rest of the Causes, on Cause Days, be likewise brought forward.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.
DIE Sabbati, 10o Martii 1770:
Domini tam Spirituales quam Temporales praesentes fuerunt:
| Archiep. Ebor. | comes Abercorn. | Ds. Willoughby Par. |
| Epus. Norvicem | Ds. Hay. | |
| Ds. Sandys. | ||
| Ds. Mansfield. | ||
| Ds. Boston. | ||
| Ds. Lovel & Holland. |
PRAYERS.
The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.
Hepburn against E. Portmore.
Counsel (according to Order) were called in to be heard in the Cause, wherein the Reverend Mr. Thomas Hepburn is Appellant, and Charles Earl of Portmore is Respondent, being an Appeal from several Interlocutors of the Lord Ordinary and Lords of Session in Scotland:
And Mr. Dalrymple, the First Counsel for the Appellant acquainted the House, “ That he did not receive the Papers in this Cause till very late last Night, and that he was not fully prepared to. argue the same and therefore praying, “That the Hearing thereof might be put off to Monday next.”
The Counsel were directed to withdraw.
Ordered, That the Hearing of this Cause be put off to Monday next, and that the Rest of the causes be removed in Course.
Hbbart's Bill.
Hodie 2a vice lecta est Billa, intituled, “An Act for Sale of the Settled Estate of the Honourable George Hobart, in the County of Leicester, and for inverting the Monies to arise from such Sale in the Purchase of other Lands, to be settled to the like Uses.”
Ordered, That the said Bill be committed to the Consideration of the Lords following:
| E. Abercorn. | L. Abp. York. | L. Willoughby Par. |
| L. Bp; Norwich. | L. Hay. | |
| L. Sandys. | ||
| L. Mansfield. | ||
| L. Boston. | ||
| L. Lovel & Holland. |
their Lordships, or any Five of them, td meet on Monday the 26th 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.
Appach's nat Bill;
Hodie 3a vice lecta est Billa, intituled, “ An Act for naturalizing John Jacob Appach”
The Question was put, “Whether this Bill shall pass?”
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was Ordered to be sent to the House of Commons, by Mr. Holford and Mr. Cuddon:
To carry down the Said Bill, and desire their Concurrence thereto.
Tunstall to Bosley, &C. Road Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for repairing and widening the Road from Tunstall, in the County of Stafford,”
Ordered, That the Said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Derby Hills Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, “ An Act for dividing and enclosing a certain Common or Waste Ground called Derby Hills, in the County of Derby,Parcel of the Manor of Castle Donington, in the Counties of Leuester and Derby.”
Ordered, That the Said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Thetford to Newmarket Road Bill.
Hodie 3a vice lecta est Billa, intituled, “ An Act for enlarging the Term and Powers of an Act for amending the Road from Chrisstopber's Bridge, in the Borough of Thetford, in the County of Suffolk, to the North-east End of the Town of Newmarket, in the County of Cambridge”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Eaton Budge, &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act for the repairing, widening, and keeping in Repair, the Road leading from Eaton Bridge Turnpike Road at Cockham Hill in the Parish of Westerham, in the County of Kent, through the Village of Limpsfield, to the Village of Titsey, over Botley Hill, Wormsheath, and Willingham Common, to the Turnpike Road leading from Croydon to Godstone, in the County of Surry”
The Question was put, “ Whether this Bill shall pass?”
It was resolved in the Affirmative.
Lewes to Brighthelmston Road Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act for repairing and widening the Road from Lewes to Brighthelmston, in the County of Sussex.”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Brampton Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, “ An Act: for dividing and enclosing the Open Commons, within the Manor or Lordship of Brampton in the Parish of Longmarston, in the County of Westmorland”
The Question was put, “ Whether this Bill shall pass ?”
It was resolved in the Affirmative.
Mendip Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, “ An Act for dividing and enclosing an Open Common or Tract of Ground, Parcel of Mendip, in the Parishes of East Cranmore and West Cranmore, in the County of Somerset.”
The Question was put, “ Whether this Bill shall pass?”
It was resolved in the Affirmative.
Harwood to take the name of Backwell Bill
Hodie 3a vice lecta est Billa, intituled, “ An Act to enable William Harwood and his Isslue, to take and use the Surname and Arms of Backwell, pursuant to the Will of Willam Backwell deceased.”
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, Ordered to be sent to the House of Commons by the former Messengers:
To acquaint them, That the Lords have agreed to the Said Bills, without any Amendment.
Gray et al. against Montagu et al.
The House being moved, “ That a Day may be appointed for hearing the Cause, wherein George Gray Esquire and others are Appellants, and Edward Montagu Esquire 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.
Irving against Sir John Douglas.
Upon reading the Petition and Appeal Jaffrey Irving of Luss, complaining of Four Interlocutors of the Lord Ordinary in Scotland, of the 14th of February, 14th of July, 21 st of November, and 7 th of December 1769; and also of Two Interlocutors of the Lords of Session there, of the 6th and 22d Days of February last; and praying, “ That the same may be revered, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir John Douglas of Kilhead Baronet may be required to answer the Said Appeal:“
It is Ordered, That the Said Sir John Douglas may have a Copy of the Said Appeal, and do put in his Answer thereto in Writing, on or before Saturday the 7th Day of April next; and Service of this Order upon the Said Respondent, or upon any of his Agents or Solicitors in the Said Court of Session in Scotland, shall be deemed good Service.
Ordered, That all the Lords who have been present this Session, be added to the Committees appointed this Day.
Adjourn
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.