House of Lords Journal Volume 31: February 1767, 21-28

Die Lun 23^o Februarii.

Domini tam Spirituales quam Temporales prasentes fuerunt:

PRAYERS.

Magistrates of Kinghorn against Bruce.

The Answer of Alexander Bruce, to the Appeal of the Magistrates and Town Council of the Borough of Kinghorn, was this Day brought in.

Carew & al. against Cox Cross Appeal.

As was also the Answer of James Cox Esquire, to The Cross Appeal of Shapland Carew and others;

St. Martins Church, Wor cester, Bill.

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

With a, Bill, intituled, An Act for re-building the Parish Church of Saint Martin, within the City of Worcester; to which they desire the Concurrence of this House.

Radnor, &c. Roads, Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled. An Act for amending, repairing, and widening, several Roads in the Counties of Radnor and Hereford, 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

Botley Road, Bill.

The Lord Botetourt made the like Report from the Lords Committees to whom the Bill, intituled, An Act for repairing and widening the Road from the West End of Thames Street in the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifield in the County of Berks, was committed.

Skipton, Helton Green, Con mon, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing Halton Green;. and for disposing of other Grounds within the Township of Halton East, in the Parish of Skipton, in the County of York was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Carlisle,&c. Common, Enclosure, Bill.

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing a certain Common Moor, called Carlisle and Cummersdale Moor, in the County of Cumberland, was committed Chapman

Chapman against Brown & al. Writ of Error.

Counsel ( according to Order) were called in, to be heard, in the Cause upon a Writ of Error brought into this. House, in order to reverse a Judgement of the Court of Kings Bench; wherein Cornelius Chapman, on the several Demises of Richard Oliver Gentleman and his Wife and others, is Plaintiff, and Margaret Brown Widow and John Barlow Gentleman and others are Defendants.

And the Counsel for the Plaintiff having been heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Judges do then attend.

Northfield to Wootton, &c Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending and widening the Road leading from The Bull Inn at Northfield in the County of Worcester, to the Wootton Turnpike in the Great Turnpike Road leading from Stratford upon Avon, in the County of Warwick, to Birmingham in the same County.

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

Their Lordships, or any Five of them; to meet on Wednesdaynext, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Booth, Leave for a Bill.

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled,An Act for vesting Part of the settled Estate of Benjamin Booth Esquire and Jone his Wife, in the County of Salop, in Trustees, to be sold; and for laying out the Money arising from such Sile in the Purchase of Lands and Hereditaments, to be settled to the like Uses.

St. Martins Church Worcester, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for re-building the Parish Church of Saint Martin, within the City of Worcester

Chorley Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing several Commons or Waste Grounds within the Manor of Chorley, in the County Palatine of Lancaster.

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

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

Swrettenham to take the Name of Willis Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Thomas Wills Esquire (lately called Thomas Swettenham) and his Issue to take, use, and bear, the Surname and Arms of Wills, pursuant to the Will of Daniel Willis Esquire, deceased.

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. Edwards and Mr. Harris:

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

Tallow Dutice to discontinue, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease.

After some Time, the House was resumed.

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

Giles takes the Oaths for his Naturalization.

Lewis Giles took the Oaths appointed, in order to his Naturalization.

Mayers Nat Bill

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Leonard Meyer.

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.

Giless Peti tion, to be added to it.

Ordered, That the Petition of Lewis Giles, praying, That his Name may be inserted in the last-mentioned Bill, be referred to the said Committee

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartern diem instantis Februarii, hora unde cima Auror, Dominis sic decernentibus.

Die Martis, 24^o Februari.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS

Ramsay against Drummond

The Answer of Henry Drummond Esquire, to the Appeal of Allan Ramsay of Kinkell, was this Day brought in.

Ramsay against Irvine.

As was also, the Answer of James Irvine of Kiaussie Esquire, to the Appeal of Allan Ramsay of Kinkell.

Oriel College Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for annexing the Rectory of Purleigh, in the County of Essex, to the Office of Provost of the House of The Blessed Mary the Virgin in Oxford, commonly called Oriel College, of the Foundation of Edward the Second, of Famous Memory, sometime King of England was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, that said Bill be engrossed.

Old alias Would, Common, Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, Lanes, and Waste Grounds, within the Manor and Parish of Old, otherwise Would, in the County of Northampton, was committed.

Ingeleton Enclousure; Bill:

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds, called Bentham Moor, as lieth within the Manor of Ingleton, in the West Riding of the County of York was committed.

Champman against Brown & al. Writ of Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of Error, wherein Cornelius Chapman, on the several Demises of Richard Oliver Gentleman and his Wife and others, is Plaintiff, and Margaret Brown Widow and others are Defendants

And the Counsel for the Defendants having been heard;

As also One Counsel for the Plaintiff, by Way of Reply:

The Counsel were dirted to withdraw.

Question to the Judges;and there Answer:

Proposed That the following Question be Put to the Judges:

Whether Thomas the Second Son of Reginald Brown took any, and what Estate, under the Will of Joshua Brown ?

The same was agreed to.

And the said Question was accordingly put to the Judges;

Whereupon the Lord Chief Baron of the Court of Exchequer, having conferred with the Judges present delivered their unanimous Opinion, That Thomas the Second Son of the said Reginald Brown took an Estate Tail under the Will of the said Joshua Brown.

Then the following Order and Judgement was made:

Judgement affirmed With Costs.

After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon a Writ of Error brought into this House the 5th of May.1766, wherein Cornelius Chapman; on the several Demises of Richard Oliver Gentleman and his wife and others, is Plaintiff and Margaret Brown Widow, and John Barlow Gentleman, Jesson Mason Gentleman and Sarah his Wife, and others, are Defendants, in order to reverse a Judgement given in His Majestys Court of Kings Bench for the said Defendants; and the unanimous Opinion of the Judges present having been delivered upon a Question of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Kings Bench be, and the same is hereby, affirmed; and that the Record be remitted: And it is hereby further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Five Pounds, for their Costs in this House.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows;

On which Day, before the same Court of Parliament at Westminister, come as well the said Cornelius Chapman as the said John Barlow, Jesson Mason and Sarah his Wife, James Potter, James Machin, fohn Moor, fohn Richardson, James Boardman, Elizabeth Townley, Thomas Whitely, Andrew Warren, Thomas Potter, Catherne Starkey, Sarab Antrobus, and Thomas Blackburn, in their proper Persons; but, because the court of Parliament is not yet advised of giving Judgement of and upon the Premises, Day is therefore given, as well to the said Cornelius Chapman, as the said John Barlow, session Mason and Sarah his Wife, James Pottery, fames Machin, John Moor, John Richardson, James Boardman, Elizabeth Townley, Thomas Whitley, Andrew Warren, Thomas Potter, Catherine Starkey, Sarah Antrobus, and Thomas Blackburn, in their proper Persons; whereupon, all and singular the Premises being seen and by the court of Parliament aforesaid, now here fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereon given, as the said. Causes and Matters by the said Cornelius Chapman above assigned for Error being diligently examined and inspected, and mature Deliberation being thereupon had, it seems to the said Court of Parliament now here, that there is no Error, either in the Record and Proceedings aforesaid, or in giving the Judgement aforesaid, and that the said Record is in no wise vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid, given in the Court of our Lord the King, before the King Himself, be in all Things affirmed, and in full Force and Effect, the said Causes and Matters above assigned for Error by the said Cornelius Chapman in any wife notwithstanding: And it is further considered by the same Court of Parliament aforesaid now here, that the said fohn Barlow, fejsson Mason and Sarah his Wife, fames Potter, fames (fn. 1)Makin, fohn Moor, fohn Richardson, fames Boardman, Elizabeth Townley, Thomas Whitley, Andrew Warren, Thomas Potter, Catherine Starkey, Sarah Antrobus, and Thomas Blackburn, recover against the said Cornelius Chapman Five Pounds, to the said fohn Barlow, session Mason and Sarab his Wife, fames Potter, fames (fn. 1) Makin, fohn Moor, fohn Richardson, fames Boardman, Elizabeth Townley, Thomas Whitley, Andrew Warren, Thomas Potter, Catherine Starkey, Sarah Antrobus, and Thomas Blackburn, with their Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in such Case made and provided, adjudged for their Damages, Costs, and Charges, which they have sustained by reason of the Delay of the Execution of the Judgement aforesaid, under Pretence of prosecuting the said Writ of Error: And thereupon the aforesaid Record, and also the Proceedings aforesaid had in the said Court of Parliament, are sent back to the said Court of our said Lord the King, before the King Himself, wheresoever He shall then be in England, to the End that Execution may be done thereupon.

Tallow Duues to discontinue

Hodie 3^a vice lecta est Billa, 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.

Radnor, &c. Roads, Bill:

Hodie 3^a vice lecta est Billa intituled, An act for amending, repairing, and wideing, several Roads in the Counties of Radnor and Hereford.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Botely Road Bill

Hodie 3^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the West End of Thames Street in the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifield in the County of Berks.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Carlisle,&c Common, Bill

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Common Moor, called Carlisle and Cummersdale Moor, in the County of Cumberland.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Halton Green Common, Bill

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing Halton Green, and for disposing of other Grounds, within the Township of Halton East, in the Parish of Skipton, in the County of York.

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 Five preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

Yaxley Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, and also the Marsh and Fenny Grounds, in the Manor and Parish of Yaxley, in the County of Huntingdon.

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Hamersley to enter into a Recognizance on Capells Appeal.

The House being moved, That Hugh Hamersley may be permitted to enter into a Recognizance for Joseph Capell Esquire and his Wife, on account of their Appeal depending in this House; they living in Ireland:

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

Fraser & al. against Gordon

Upon reading the Petition and Appeal of William Fraser of Ardochy, Alexander Fraser of Culduthie, Roderick Macleod of Cadbol, Hugh Rose Younger of Aitnock, James Crafurd Writer in Edinburgh Mr. William Johnstone Advocate, Charles Urquhart of Braelangwell, and Roderick Macleod Witer in Edinburgh; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th Day of February 1767 and praying, That the same may be reverted, varied, or altered; and that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet and that William Gordon of Newball Esquire may be required to answer the said Appeal:

It is Ordered, That the said William Gordon may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Tuesday the 24th Day of March next; and Service of this Order upon the Procurators or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.

Keily &al. against Fowler.

Upon reading the Petition and Appeal of Richard Keily of Lismore in the County of Waterford in the Kingdom of Ireland Esquire, Executor of the last Will and Testament of John Keily late of Carrileagh in the same County Esquire, and the Reverend Thomas Hans Fell Doctor of Laws, Executors of the last Will and Testament of Robert Snow late of the City of Waterford in the said Kingdom Esquire, deceased; complaining of Three Orders of the Court of Chancery in Ireland, of the 17th of May 1762, and 18th and 30th of June 1766; and also of a Decree of the same Court of the 5th of February 1767; and praying, That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Fowler may be required to answer the said Appeal:

It is Ordered, That the said John fowler may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Tuesday the 31 Day of March next; and Service of this Order upon the said Respondent in the said Court of Chancery in Ireland shall be deemed good Service.

L. Ellibank &al. against Sir J. Gordon.

Upon reading the Petition of Sir John Gordon Baronet, Respondent in a Cause depending in this House, wherein Patrick Lord Ellibank and others are Appellants; setting forth, That this Appeal relates to the Appellants and the Petitioners Title to be upon the Roll of Freeholders in the County of Cromarty, and is brought merely to stay the Course of Justice; and therefore praying, That the same may be set down to be heard on Thursday the Second Day of April next:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 2d Day of April next, as desired.

Ramsay against Drummond.

Upon reading the Petition of Henry Drummond, Esquire Respondent in a Cause depending in this House, wherein Allan Ramsay Esquire is Appellant:

Ramsay against. Irvine.

Also, upon reading the Petition of James Irvine Esquire, Respondent in a Cause depending in this House, wherein Allan Ramsay Esquire is Appellant; praying, In regard the said Appeals are brought merely for Delay, that the same may be set down to be heard on such early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Thursday the 26th Day of March next.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque adet in diem Mercurii, vicesimum quintum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

Die Mercurii, 25^o Februarii

Domini tam Spiritual quam Temporales Praesentes fuerunt:

PRAYERS.

Fraser against Gordon.

The Answer William Gordon Esquire, to the Appeal of William Fraser of Ardochy, was this Day brought in.

Marine Forces, regulating, Bill.

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

With a Bill, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore; to which they desire the Concurrence of this House.

Bibury, Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Places within the Parish of Bibury, and Manors of Bibury Osney, and Bibury Northumberland, and the Hamlet or Vill of Arlington, all in the said Parish of Bibury, in the County of Gloucester; to which they desire the Concurrence or this House

Baumgartneis Mat. Bill.

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

To return the Bill, intituled, An Act for naturalizing John Lewis Baumgartner; and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire the Concurrence of this House.

Cosgrave, Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Township and Liberties of Cosgrave, in the County of Northampton (exclusive of Brownswood Green and Kenson Field, in the Parish of Cosgrave, in the said County) to which they desire the Concurrence of this House.

Darner against Tavernor &al.

Upon reading the Petition of John Darner Esquire, Appellant in a Cause depending in this House, to which John Samuel Tavernor and others are Respondents, which stands appointed to be heard; setting forth. That the Parties in this Cause have come to an Agreement; and therefore praying, That Leave may be given to withdraw the said Appeal, without Costs; the Agents for the Respondents having signed the said Petition, as consenting thereto:

Appellant to withdraw Appeal.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, without Costs, as desired.

Northfield to Woolton, Road Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for repairing and widening the Road leading from The Bell Inn at Northfield in the County of Worcester, to the Wootton Turnpike in the Great Turnpike Road leading from Stratford upon Avon in the County of Warwick, to Birmingham in the same County, was committed: That they had considerd 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.

Report made last Session relating to Riots in Ametica, read.

The House was moved, That an Entry in the Journal, of the 10th of February 1766, being a Report from the Committee of the whole House, to whom it was referred to consider of Tumults in America, might be read.

The same was agreed to.

And the said Entry was accordingly read.

After shor Debate;

Magistrate of Kinghorn against E. of Moray.

Counsel (according to Order) were called in, to be heard; in the Cause wherein the Magistrates and Town Council of the Borough of Kinghorn are Appellants, and William Earl of Moray is Respondent, being an Appeal from several Interlocutors of the Lords of Session in Scotland.

And the Counsel for the Appellants having been heard:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Yaxley Common, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, and also the Marsh and Fenny Grounds, in the Manor and Parish of Yaxley, in the County of Huntingdon 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 Conents 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.

Bibury Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the open and Common Fields and commonable places with in the parish of Binary, and Manors of Binary Osseny, and Bibury Northumberland, and the Hamlet or Vill of Arlington, all in the said Parish of Bibury, in the Country of Gloucester

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse ad et in diem Jovis, vicesimum sextum diem instantis Februarii, hora undecima auror, Dominis sic decernentibus

Die Jovis 26^o Februarii

Domini tam Spirituales quam Temporales Prsentes fuerunt

PRAYERS.

Chorley Common, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing several Commons, or Waste Grounds, within the Manor of Chorley, in the County Palatine of Lancaster, 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.

Van Teylingeits Nat. Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing Theodore Van Teylingen, an Infant, 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.

Dean and Chapter of Durhams Bill.

A Message was brought from the House of Commons by Mr. Frederick Vane and others:

With a Bill, intituled, An Act for vesting in the Dean and Chapter of Durham a certain Piece of Ground adjoining to the Town of South Shields, in the County Palatine of Durham; and for making an adequate Compensation to the Curate of the Chapel of Saint Hilds, in the said County, and his Successors, for the same; and for enabling the said Dean and Chapter to remove the Fairs and Market out of the Town of South Shields, and to cause the same to be held on the said Piece of Ground: to which they desire the Concurrence of this House.

Message from H. C. to re. turn the Bill for Aylon to take the Name of Tyuell.

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

To return the Bill, intituled, An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrell; and to acquaint this House, that they have agreed to the same, without any Amendment.

Magistrate of Kinghorn against E. of Moray & al.

After hearing Counsel, as well Yesterday as this Day upon the Petition and Appeal of the Magistrates and Town Council of the Borough of Kinghorn, for themselves, and in Name and Behalf of the Community of that Borough; complaining of several Interlocutors of the Lords of Session in Scotland, of the 1^st and 11nth of August 1761; the 15th of July 1762; 17th of January 1764; and 17th of January 1765; and praying, That the same might be reversed, varied, or altered; or that the Appellants might have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice should seem meet: As also upon the Answer of Alexander Bruce 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 Adjuged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said several Interlocutors there in complained of be, and the same are hereby, affirmed

Starkies Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled. An Act to enable the Devisees for Life named in the Will of Pierce Starkie Esquire, deceased, and Trustees, to cut down and sell Timber upon the Freehold and Copyhold or Customary Estates late of the said Pierce Starkie, in the Counties of York and Lancaster; and to grant Leases of the Quarries, Mines, and Minerals, within the Freehold Estates late of the said Pierce Starkie, in the same Counties; and to invert: the. Monies an sing therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will, as committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Booths Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting Part of the settled Estate of Benjamin Booth Esquire and Jane his Wife, in the County, of Salop, in Trustees, to be sold; and for laying out the Money arising from such Sale in the Purchase of Lands and Hereditaments, to be settled to the like Uses.

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 13th Day of March next, at Ten oClock in the Forenoon, in the Princes Lodgings peer the House of Peers; and to adjourn as they please.

Bennet, to cake the Name of Coffin, Bill.

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

With a Bill, intituled, An Act to enable Richard Bennett Esquire and his Issue to take and bear the Surname, and Arms of Coffin, pursuant to the Will of Richard Coffin Esquire, deceased; to, which they desire the Concurrence or this House

Cosby. Enclosure Bill.

A Message was brought from the house of Commons, by Mr. Barker and others.

With a Bill, intituled, An Act for dividing and enclosing the Open Fields and Commonable Places in Cosby and Little Thorpe, in the Parish of Cosby, in the County of Leicester; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Ingleton Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds, called Bentham Moor, as lieth within the Manor of Ingleton, in the West Riding of the County of York.

The Question was put, Whether this pill shall pass ?

It was Resolved in the Affirmative

Northfield to Wootton, Road, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for amending and widening the Road from The Bell Inn at Northfield in the County of Worcester, to the Wootton Turnpike in the Great Turnpike Road leading from Stratford upon Avon in the County of Warwick, to Birmingham in the same County.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Old alias Would, Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common; Fields, Common Meadows, Common Pastures, Common Grounds, Lanes, and Waste Grounds, within the Manor and Parish of Old, otherwise Would, in the County, of Northampton.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Chorley, Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An act for dividing and enclosing several Commons or Waste Grounds within the Manor of Chorley, in the County Palatine of Lancaster

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Yaxley, Enclosure Bills.

Hodie 3^a vice lecta est Billa intituled, An Act, for dividing and enclosing the Open. Fields, Meadows, Common Failures, and Waste Grounds, and also the Marsh and Fenny Grounds in the Manor and Parish of Yaxley, in the County of Huntingdon.

The Question was put, Whether this Bill shall pass?

It was Resolved in the affirmative.

Van Teylingens Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Theodore Van Teylingen, an Infant.

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 Six preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris;

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

Oriel College, Bill.:

Hodie 3^a vice lecta est Billa intituled, An for annexing the Rectory of purleigh, in the Country of Essex, to the Office of Provost of the House The Blessed Mary the Virgin in Oxford, commonly called Oriel College, of the Foundation of Edward Second of Famous Memory, sometime King England.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. . with it.

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

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

E. of Roseberry against Forbes & al. et contra.

Ordered, That the Hearing of the Cause wherein Neil Earl of Roseberry is Appellant, and William Forbes and others are Respondents, be put off to Wednesday the 18th Day of March next.

Countess of Fise against Sn J. Sinclair.

Ordered, That the Hearing of the Cause wherein Dorothea Countess (fn. 2) Fise and James Earl of Fife her Husband are Appellants, and Sir John Sinclair Baronet is Respondent, be put off to Friday the 20th Day of March next.

D. of Montagu & al. against L. Beaulieu &al. et contra.

Ordered, That the Hearing of the Cause wherein George Duke of Montagu and others are Appellants, and Edward. Lord Beaulieu and others are Respondents, et conrra. be put off till Wednesday the 11th Day of March next

Baumgartners Nat Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, An Act for naturalizing John Lewis Baumgartner.

And the same, being read Three Times by the Clerk, were agreed to by the House.

A Message was sent to the House of Commons, by the former Messengers: to acquaint them therewith.

Marine Forces, regulating, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

Cosgrave Common. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Township and Liberties of Cosgrave, in the County of Northampton (exclusive of Broyonswood Green and Kenson Field, in the Parish of Cosgrave, in the said County).

Dean and Chapter of Durham, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting in the Dean and Chapter of Durham a certain Piece of Ground adjoining to the Town of Stouth Shields in the County Palatine of Durham; and for making an adequate Compensation to the Curate of the Chapel of Saint Hilds in the said County and his Successors, for the same; and for enabling the said Dean Chapter to remove the Fairs and Markets out of the Town of South Shields; and to cause the same to be held on the said Piece Ground.

St. Martins Church, Worcester, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for re-building the Parish Church of Saint Martin, within the City of Worcester.

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

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

Adjourn.

Dominus-Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 27^o Februarii.

REX.

Domini tam Spirituales quam Temporales presences fuerunt:

PRAYERS.

Marine Forces, regulating, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

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

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

Dean and Chapter of Durham Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting in the Dean and Chapter of Durham a certain Piece of Ground adjoining to the Town of: South Shields, in the County Palatine of Durham; and for making an adequate Compensation to the Curate of the Chapel of Saint Hilds In the said County, and his Successors, for the same; and for enabling the said Dean and Chapter to remove the Fairs and Market out of the Town of South Shields, and to cause the same to be held on the said Piece of Ground.

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 next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Bennet to take the Name of Coffin, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Richard Bennett Esquire and his Issue to take and bear the Surname and Arms of Coffin, pursuant to the Will of Richard Coffin Esquire, 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 Monday next, at the usual Time and Place; and to adjourn as they please.

Cosgrave Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Town ship and Liberties of Cosgrave, in the County of Northampton (exclusive of Brownswood Green and Kenson Field, in the Parish of Cosgrave in the said County).

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

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

Starkies Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Devisees for Life named in the Will of Pierce Starkie Esquire, deceased, in Trustees, to cut down and sell Timber upon the Freehold and Copyhold or Customary Estates late of the said Pierce Starkie, in the Counties of York and Lancaster; and to grant Leases of the Quarries, Mines, and Minerals, within the Freehold Estates late of the said Pierce Starkie, in the same Counties; and to invert the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the said Will.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Message to H. C with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, It is His Majestys Pleasure, they attend Him immediately, in this House.

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet,)

Bill Passed.

1. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

2. An Act for allowing the Importation of Wheat and Wheat Flour, free of Duty, from any Part of Europe, for a further Time than is allowed by any Act made in this Session of Parliament; and for permitting the free Importation of Barley, Barley-meal, and Pulse, into this Kingdom, for a limited Time.

3. An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hogs Lard, and Grease.

4. An Act to continue the Term, and render more effectual, an Act passed in the Thirty-first Year of His late Majesty, for amending several Roads leading from the Town of Tiverton, in the County of Devon; and for repairing and widening the Road from Bickley Bridge Cross, over Bickley Bridge, to the Sign of The Swan in the Town of Silverton, and also the Road from Bickley Wood Cross to Ford Village Water, in the said County.

5. An Act to enlarge the Term and Powers of Two Acts, passed in the Thirteenth Year of King George the First, and the Seventeenth of His late Majesty, for repairing the Road from Cranford Bridge in the County of Middlesex, to that End of Maidenhead Bridge which lies in the County of Bucks; and for amending the Road from Slough to a certain Place in Eaton, and from Langley Broom to Datchet Bridge, in the County of Buckingham.

6. An Act for continuing, altering, and amending, Two Acts of Parliament, of the Twelfth of King George the First, and of the Tenth of His late Majesty, for repairing several Roads leading into the City of Worcester; and for amending several other Roads near or adjoining thereto.

7. An Act for enlarging the Term and Powers, granted by an Act passed in the Twenty-second Year of His late Majesty King George the Second, for opening and making a new Road from the East End of New Street in the Parish of Saint John Southwark, to and through the several Places therein mentioned; and for keeping the said Road in Repair for the future; and for repairing several other Roads adjoining thereto.

8. An Act for building a Bridge cross the River Thames, from Swynford in the County of Berks, to Eynsham in the County of Oxford.

9. An Act for repairing and widening the Road from the West End of Thames Street in the City of Oxford, over Botley Causeway, to the Turnpike Road near Fifield in the County of Berks.

10. An Act for amending, repairing, and widening, several Roads in the Counties of Radnor and Hereford.

11. An Act for amending and widening the Road leading from The Bell Inn at Northfield in the County of Worcester, to the Wootton Turnpike in the great Turnpike Road leading from Stratford upon Avon in the County of Warwick, to Birmingham in the same County.

To these Bills the Royal Assent was severally pronounced, by the Clerk Assistant, in these Words; videlicet,

Le Roy le veult.

12. An Act for making more effectual an Act, passed in the Third Year of His present Majestys Reign, intituled, An Act for vesting Part of the settled Estates of Samuel Dashwood Esquire in Trustees, for raising Money to pay Debts and Encumbrances; and for providing an Equivalent or Compensation for the same to the lssue inheritable under his Marriage Settlement.

13. An Act for dividing and enclosing the Open Common Fields and other Commonable Grounds in the Parish of Kencott, in the County of Oxford.

14. An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor of Chesterton, in the County of Oxford.

15. An Act for dividing and enclosing certain Opea and Common Fields and Commonable Lands in the Parish of Sandford, in the County of Oxford.

16. An Act for dividing and enclosing a certain Common Moor called Carlisle and Cummersdale Moor, in the County of Cumberland.

17. An Act for dividing and enclosing Halton Green, and for disposing of other Grounds within the Township of Halton East, in the Parish of Skipton, in the County of York.

18. An Act for dividing, allotting, and enclosing, such Part of certain Commons and Waste Grounds, called Bentham Moor, as lieth within the Township of Ingleton, in the West Riding of the County of York.

19. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, Lanes, and Waste Grounds, within the Manor and Parish of Old, otherwise Would, in the County of Northampton.

20. An Act for dividing and enclosing several Commons, or Waste Grounds, within the Manor of Chorley, in the County Palatine of Lancaster.

21. An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, and also the Marsh and Fenny Grounds, in the Manor and Parish of Yaxley, in the County of Huntingdon.

22. An Act to dissolve the Marriage of John Stott Esquire with Jane Stott his now Wife; and to enable him to marry again; and for other Purposes therein mentioned.

23. An Act to enable Sir Thomas Delves Baronet and his Heirs Male to take the Name of Broughton.

24. An Act to enable Thomas Hotchkis to take the Surname and Arms of Littler, pursuant to the Will of Thomas Littler, deceased.

25. An Act to enable Sarah Aylon Spinster to take and use the Surname and Arms of Tyrrell.

26. An Act for naturalizing John Rodolph Valtravers.

27. An Act for naturalizing Chrissofel Vanden Bergh, an Infant.

28. An Act for naturalizing Samuel Mandrot.

29. An Act for naturalizing Nicolas Francis Beckman.

30. An Act for naturalizing Theodore Van Teylmgen, an Infant.

31. An Act for naturalizing John Lewis Baumgartner and Amable Doct.

To these Bills the Royal Assent was severally pronounced, by the Clerk Assistant, in these Words; videlicet,

Soit fait comme il est desire.

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Answer of Charles MCarthy and others, to the Appeal of Joseph Capel and others, was this Day brought in.

As was also, the Answer of the Reverend Richard Townsend Clerk and others, to the Appeal of Roderick Hartwell Esquire.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, secundum diem Martii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.