House of Lords Journal Volume 31
May 1767, 1-10

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History of Parliament Trust

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1767-1830

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581-593

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'House of Lords Journal Volume 31: May 1767, 1-10', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 581-593. URL: http://www.british-history.ac.uk/report.aspx?compid=113278 Date accessed: 23 October 2014.


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Contents

Die Veneris, 1o Maii.
E. of Scar-brough’s Bill. Barkwith Common, Bill. Osborne’s and the E. of Pomfret’s Bill. Williamson’s Bill. Moyle to take the Name of Copley, Bill. Goebell’s Nat. Bill. Edinburgh Playhouse, &c Bill. Ancholme Level and River, Bill. Farndon Enclosure, Bill. Messages from H. C. to return Sir J. Dykes’se Bills Hill’s Bill; Cooper’s Bill; Minchin’s Bill and Witham’s Bill. Lambert against Rolleston: Pleadings proved, and bearing adjourned. Phipps’s Bill: His Majesty’s Consent signified. Rose & al. against Sir J. Gordon is et al. et è contra. Dr. Saunders’s and Roycroft’s Bill. Message to H. C. with it. Ancholme Level and River, Bill. Gascoigne & al. Leave for a Bill: Bill read. Adjourn. Die Lunæ, 4o Maii.
Ld. King takes his seat. Ayr Roads, Bill. Thirst Navigation, Bill. Shap Common, Bill. Distington Common, Bill. Hensingham Enclosure, Bill. Reagill Enclosure, Bill. Report from Committee appointed to consider of proper Measures to ascertain the Descents of the Peers of this Kingdom. Rose & al. against sir J. Gosdon, et è contra’s Judgement Farndon Enclosure, Bill: The King’s Consent signified. Ancholme Level and River, Bill: The King’s Consent signified. Williamson’s Bill: E. of Radnor’s Bill: Ostorne’s and the E. of Pomfrets Bill: E. of Scar-brough’s Bill: Moyle to take the Name of Copley, Bill. Goebell’s Nat. Bill: Message to H. C. with the Six preceding Bills. Edinburgh Playhouse. &c Bill. Bull Green,&c. Roads, Bill. Barkwith Enclosure Bill: Phipp’s Bill: Message to H. C. that the Lords have agreed to the Four preceding Bills. Bamber’s Estate, Bill. Koe and Wolf, Nat. Bill. Booth’s Bill, Wisbech, &c. Road, Bill: Adjourn. Die Mercurii, 6o Maii.
Sir O. Crofton, Leave to revire Appeal. Sir O. Crofton against. Connor. Pet against the Ancbolms Level and River Bill: Lords added to committee. Report Committee relating to Delcents of Peers considered. Ayr Roads, Bill. Addenbrooke Hospital. Cambridge; Bill. Farndon Enclosure, Bill. Message from H. C. to return Sharpe’s Bill. Heyman Leave for a Nat. Bill: Bill read. Holland Fen, &c. Bill. Motion for Address for Copies of all References, Sec. by Board of Trade and Secretaries of State, relating to the Bill for making Compensation to the Sufferers by Riots at Boston. Adjourn. Die Jovis, 7o Maii.
Shoreditch Bahnall Green, &c. Bill. Koe and Wolff’s Nat. Bill. Petition of Persons against. Haute Hantre Fen, Bill. Cogan’s Bill Hull Frodingham Navigation Bill Adlingsleet Commons Bill. Uxbridge and Bill. Annuities and Lottery, Bill. To redeem One Fourth Part or Annuities on Wines and Cyder, Bill. To redeem Navy, &c. Annuities, Bill. Message from H. C. to return Ryecroft’s Bill. Farquharson against Adam. Haute Huntre Fen, Bills: Sir Gilbert Heathcote to be heard against it; Jackson to attend as. Witness the Bill. Lottery and Annuities, Bill. To redeem One Fourth Part of Annuities on Wines and Cyder, bill. To redeem Navy, &c. Annuities, Bill. Hull and Frudingham Navigation, Bill. Uxbridge, Ealing, &c. Roads, Bill Adjourn Die Veneris, 8o Maii.
Chatteris Feiry to Wilbech, &c Roads, Bill. Addenbrooke. Hospital Cambridge, Bill, Farquherson against Adam. Cause removed. Poyntz, Leave for a Bill: Bill read Cogan’s Εstate, Bill: Message to H. C. with it. Codbeck Brook. to Thuske, Navigation Bill: Shap Common, Bill: Distington Common, Bill: Hensingham Common, Bill: Reagill Common, Bill: Koe and Wolst’s Nat. Bill: Message to H. C that the Lord a have agreed to the Six preceding Bills. Adlingsleet Common, Bill. Ayr Roads, Bill. Hull and Frodingham, Navigation, Bill. Uxbridge and Ealing, Roads, Bill. Annuities and Lottery, Bill. One Fourth Part of Annuities on Wines and Cyder, to redeem, Bill To redeem Navy, &c. Annuities, Bill. Willeisley Common, Bill. Hosking, Leave for a Bill Bill read. Shoreditch, Bethnall Green, &c. Roads, Bill: Message to H. C. that the Lords have agreed to it. Adjourn. Footnotes

Die Veneris, 1o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius. Ds. Botetourt.
Epus. Winton. Ds. Willoughby Par.
Epus. Litch. & Cov. Dux Richmond. Ds. Cathcart.
Epus. Cicestrien. Dux. Grafton. Ds. Bathurst.
Epus. Asaphen. Dux. Leeds. Ds. Monson.
Epus. Bangor. Dux. Portland. Ds. Sandys.
Epus. Glocestr. Comes. Suffolk. Ds. Ravensworth.
Epus. Landav. Comes. Denbigh. Ds. Ponsonby.
Comes. Sandwich. Ds. Mansfield.
Comes. Litchfield. Ds. Boston.
Comes. Marchant. Ds. Lovel & Holl’d.
Comes. Oxford. Ds. Digby.
Comes. Halifax.
Comes Effingham.
Comes. Temple.
Comes. Hardwicke.
Comes. Ilchester.
Comes. Radnor.
Viscount. say & Sele.

PRAYERS.

E. of Scar-brough’s Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for discharging divers Manors, Rectory, Messuages, Lands, and Hereditaments, Part of the Estate of the Right Honourable Richard Earl of Scarbrough, by him settled on his Marriage with the Right Honourable Barbara Countess of Scarbrough, from the Uses and Trusts of the said Settlement; and for settling other Manors, Lands, and Tenements, of greater Value, in Lieu thereof, to the like Uses,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Barkwith Common, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing certain Open Common Fields and Meadows in the Parish of East Barkwith, in the County of Lincoln” was committed.

Osborne’s and the E. of Pomfret’s Bill.

The Lord Botetourt made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for Sale of divers Freehold and Copyhold Lands and Tenements in the Parish of Sunbury in the County of Middlesex, and of certain Copyhold Lands in the Parish of Hampton in the said County, Part of the Estate of John Osborne deceased, unto the Right Honourable George Earl of Pomfret, pursuant to an Agreement; and to apply the Purchase Money in discharging the Debts and Encumbrances affecting the said Estate; and for other Purposes therein mentioned,” was committed.

Ordered, That the said Bill be engrossed.

Williamson’s Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for vesting Part of the settled Estate of Richard Williamson Esquire in Trustees, to be sold; and for applying the Money arising by such Sale for reimbursing the said Richard Williamson the Expenses he has been at in improving the said Estate; and other Purposes therein mentioned,” was committed.

Ordered, That the said Bill be engrossed.

Moyle to take the Name of Copley, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, “An Act to enable Joseph Copley ss Esquire (lately called Joseph Moyle) and his Issue to take, use, and bear, the Surname and Arms of Copley, pursuant to the Will of Lincoln Copley Esquire, deceased,” 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.”

Ordered, That the said Bill be engrossed.

Goebell’s Nat. Bill.

The Lord Botetourt also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for naturalizing Gerrard Goebell,” was committed.

Ordered, That the said Bill be engrossed.

Edinburgh Playhouse, &c Bill.

The Lord Cathcart made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for extending the Royalty of the City of Edinburgh over certain adjoining Lands, and for giving Powers to the Magistrates of Edinburgh for the Benefit of the said City; and to enable His Majesty to grant Letters Patent for establishing a Theatre in the City of Edinburgh, or Suburbs thereof,” was committed.

Ancholme Level and River, Bill.

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

With a Bill, intituled, “An Act for the more effectual draining the Lands lying in the Level of Ancholme in the County of Lincoln: and for making the River Ancholme navigable from the River Humber at or near a Place called Ferraby Sluice in the County of Lincoln, to the Town of Glemford Briggs and for continuing the said Navigation up or near to the said River, from thence to Bishop Briggs in the said County of Lincoln;” to which they desire the Concurrence of this House.

Farndon Enclosure, Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Farndon, in the County of Nottingham;” to which they desire the Concurrence of this House.

Messages from H. C. to return Sir J. Dykes’se Bills

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

To return the Bill, intituled, “An Act for vesting Part of the settled Estates of Sir John Dixon Dyke Baronet Baronet, lying in the Counties of Oxford, Sussex, and Kent, in Trustees, in Trust, to be sold, for raising Money, to discharge a Mortgage Debt affecting other Part of the said settled Estates,” and to acquaint this House, that they have agreed to the same, without any Amendment.

Hill’s Bill;

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

To return the Bill, intituled “An Act for vesting divers Leasehold Houses late of Haydock Hill, deceased, in Trustees, to be fold and converted into Money, to be applied, together with other Part of his Personal Estate, for the Benefit of his Children, entitled to the same, by virtue of his Will, and for confirming a Sale, Leases, and Contrast, made by his Widow and Executrix, of other Parts of his Estate, for the Benefit of his said Children” and to acquaint this House, that they have agreed to the same, without any Amendment.

Cooper’s Bill;

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

To return the Bill, intituled, “An Act for Sale of the Real Estate of Tomkinson Cooper and Ann his Wife; and for laying out the Money arising from such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Tomkinson Cooper and Ann his Wife and to acquaint this House, that they have agreed to the same, without any Amendment.

Minchin’s Bill

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

To return the Bill, intituled, “An Act to empower the High Court of Chancery to order so much of the Personal Estate of George Minchin deceased as now stands in the Name of the Accomptant General of the said Court, to be transferred and paid to Paul Minchin and Henrietta Minchin, the only Children of the said George Minchin, without their giving any Security to refund the same;” and to acquaint this House, that they have agreed to the same, without any Amendment.

and Witham’s Bill.

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

To return the Bill, intituled, “An Act for Sale of Part of the settled Estates of Mathew Henry Witham Esquire, in the County of York, for discharging the Debts and Encumbrances thereon; and for other Purposes therein expressed;” and to acquaint this House, that they have agreed to the same, without any Amendment.

Lambert against Rolleston: Pleadings proved, and bearing adjourned.

The House being informed, “That Edmund Clorn attended, in order to deliver in Copies of Pleadings and Proceedings, in a Cause depending in this House, wherein Walter Lambert Esquire is Appellant, and Catherine Rolliston is Respondent:

He was called in, and delivered the same at the Bar; and attested, upon Oath, “They were true. Copies, he having examined them with the Originals, in the proper Offices in Ireland.

And then he withdrew.

Upon reading the Petition of Walter Lambert Esquire, Appellant in a Cause depending in this House, which stands appointed for hearing this Day; setting forth, “That the Petitioner’s papers being, arrived from “Ireland, and delivered m at the Bar of the House this Day, it will be impossible for him to be prepared for the Hearing of this Cause;” and therefore praying, “That the same may be put off for a Month, or such other Time as to their Lordships shall seem meet:”

It is Ordered, That the Hearing of the said Cause be adjourned to Wednesday the 13th of this Instant May.

Phipps’s Bill: His Majesty’s Consent signified.

The Duke of Grafton acquainted the House, “That His Majesty, having been informed of the Contents i of the Bill, intituled, “An Act to enable His Majesty to grant the Inheritance in Fee Simple of divers Manors, Lands, and Hereditaments, in the County of York, demised to Constantine Phipps Esquire by Letters Patent under the Seal of His Majesty’s Court of Exchequer, unto the said Consideration Phipps and Constantine John Phipps his Eldest Son, 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 shall thick sit:”

The Lord Botetourt reported from the Lords Committees to whom the said Bill,” 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.”

Rose & al. against Sir J. Gordon is et al. et è contra.

After hearing Counsel in Part, in the Cause wherein Hugh Rose Younger of Aitnock and others are Appel lants, and Sir John Gordon of Invergordon Baronet, is Respondent; et è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned to Monday next; and that the Cause which stands for that Day be put off to Thursday next; and that the Cause which stands for Wednesday next be put off to the Monday following.

Dr. Saunders’s and Roycroft’s Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for confirming a Partition between the Reverend Erasmus Saunders Doctor in Divinity and Mary his Wife, and Samuel Roycroft the Younger Esquire and Ann his Wife, of several Estates in the County of Lincoln; and for vesting and settling the same to the Uses, and on the Trusts, contained in their respective Marriage Settlements, with respect to such Estates; and for other the 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. Edwards and Mr. Lane:

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

Ancholme Level and River, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for the more effectual draining the Lands lying in the Level of Ancholme in the County of Lincoln, and making the River Ancholme navigable from the River Humber, at or near a Place called Fetraby Sluice, in the County of Lincoln, to the Town of Glemford Briggs; and for continuing the said Navigation up or near to the said River from thence to Bishop Briggs, in the said County of Lincoln.

Gascoigne & al. Leave for a Bill:

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

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for Sale of divers Messuages, Farms, Lands, and Tenements, in the County of Essex, entailed by the Will of Doctor John Bamber deceased, 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 like Uses.”

Adjourn.

Dominus Cancellarius declaravit præsens Parliament turn continuandum esse usque ad & in diem Lunæ, quartum diem instantis Maii, hora undecima Aurora, Dominis sic decernentibus.

Die Lunæ, 4o Maii.

Domini tam Spirituales. quam Temporales, præsentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Litch. & Cov.
Epus. Cicestrien. Dux Richmond.
Epus. Glocestr. Dux Grafton. Ds. Botetourt.
Epus. Landav. Dux Portland. Ds. Willoughby Br.
Epus. Exon. March. Rockingham. Ds. Willoughby par.
Epus. Petriburg. Ds. Cathcart.
Comes. Suffolk. Ds. Trevor.
Comes Denbigh. Ds. Dude.
Comes Winchelsea. Ds. King.
Comes Sandwich. Ds. Monson.
Comes Shaftesbury. Ds. Sandys.
Comes Litchfield. Ds. Ravensworth.
Comes Abercorn. Ds. Ponsonby.
Comes Marchmont. Ds. Walpole.
Comes. Oxford. Ds. Mansfield.
Comes Bristol. Ds. Harwich.
Comes. Macclesfield. Ds. Lyttelton.
Comes Gower. Ds. Boston.
Comes Buckingham shire. Ds. Digby.
Comes Ilchester.
Comes. Radnor.
Viscount Hereford.
Viscount Weymouth.

PRAYERS.

Ld. King takes his seat.

This Day Thomas Lord king sat first in Parliament, after the Death of his Brother William Lord King; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ayr Roads, Bill.

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

With a Bill, intituled, “An Act for repairing and widening several Roads in the County of Ayr;” to which they desire the Concurrence of this House.

Thirst Navigation, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for making navigable a Brook called Codbeck, from the River Swale to the Borough of Thirsk, in the County 14 of York;” 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.”

Shap Common, Bill.

The Lord Botetourt also reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Open Commons in the Manor of Shap, in the County of Wemorland,” 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.”

Distington 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 Common within the Manor of Distington, in the County of Cumberland,” was committed.

Hensingham Enclosure, 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 Commons within the Manor of Hensingham, in the County of Cumberland” was committed.

Reagill Enclosure, 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 Commons in the Manor of Reagill, in the County of Westmorland,” was committed.

Report from Committee appointed to consider of proper Measures to ascertain the Descents of the Peers of this Kingdom.

The Lord Botetourt reported from the Lords Committees appointed to consider of the most proper means effectually to ascertain the Descents of the Peers of this Kingdom, so that the Crown or this House may not incur the Risk of being imposed upon by any ill-founded Claim of Peerage: “That the Committee had met, and taken into Consideration the Matter to them referred, and and had come to the following Resolutions; (videlicet,)

“1. That it is the Opinion of this Committee, That it is the Duty of the King’s Heralds and Pursuivants of Arms, to take exact Accounts, and to preserve regular Entries, in their Books of Office, of the Peers and Peeresses of this Part of the Kingdom, and Defendants from them, so far as it may be in their Power to procure authentick Information thereof.

“2. That it is the Opinion of this Committee, That Garter King at Arms do officially attend this House upon the Day, and at the Time, of the First Admission of every Peer, whether by Creation or Descent; and that he do then and there deliver in, at the Table, a Pedigree of the Family of such Peer, fairly described on Vellum; which Pedigree shall include, the Father and Mother, the Brothers and Sisters, their Issue, the Children of such Peer, and their Issue, according to Seniority, down to the Day on which such Pedigree shall be so delivered in, together with the Marriages, Births, Baptisms, Deaths, and Burials, Names, Surnames, Ages, Titles, Qualities, Offices, and Employments (if any), Places of Abode, and Descriptions of every Person inserted in such Pedigree, so far as the said Garter and the Officers of the College of Arms may have been able to obtain the Knowledge thereof: And in the Case where such Peer shall not succeed in the Honour to his Father or Mother, but to his Grandfather, Grandmother, Uncle, or Aunt, being the next immediate preceding Peer or Peeress after whom he shall take such Honour, then such Pedigree mall also further include such Grandfather and Grandmother, Uncle and Aunt, together with their Descendants, in like Form and Manner, and down to the same Period as aforesaid: And such Pedigree so delivered in shall be then referred to the Committee of Privileges, who shall examine and report the same as it shall appear to them verified, with the Proofs; which Report, being agreed to by the House, such Pedigree (signed and certified by every such Peer to be true, to the best of his Knowledge, Information, or Belief, upon his Honour, if he think fit), shall be filed by the Clerk, and kept (together with the Proofs) amongst the Records of the House, and an authentick Copy thereof registered in the Office of Arms. Provided nevertheless, That nothing herein contained shall be construed to bar the Claim, or prejudice the Rights, of any Person who may be found at any Time aggrieved by any Omission of Entry, or by any Defect or Error which may be proved, by legal Evidence, to have happened in the Construction of such Pedigree.

“3. That it is the Opinion of this Committee, That every Peer, and every Peeress in her own Right, may be at Liberty to make Proof of his or her Pedigree before the Committee of Privileges, and obtain the like Entry thereof.

“4. That it is the Opinion of this Committee, That a Fee, not exceeding Twenty Pounds, may reasonably be demanded by the Heralds, for their Care, Expenses, Trouble, and Attendance, in collecting, preparing, delivering in, and assisting at the Proof of, the Pedigree of each Peer and Peeress, and registering the same, pursuant to the foregoing Resolutions, to be paid by every Peer upon his First Admission, or by any other Peer or Peeress who shall desire to make Proof of his or her Pedigree in like Manner.”

Which Report being read by the Clerk:

Ordered, That the same be taken into Consideration on Wednesday next, and the Lords summoned.

Rose & al. against sir J. Gosdon, et è contra’s

After hearing Counsel, as well on Friday last as this Day, upon the Original Petition and Appeal of Hugh Rose Younger of Aitnock, William Johnstone Esquire, and other Freeholders of the County of Cromarty, who were Constituent Members of the last Michaelmas Meeting of Freeholders for the said County; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 4th of March 1767; 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 should seem meet:” As likewise upon the Cross Appeal of Sir John Gordon of Invergordon Baronet; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 10th of March 1767; and praying, “That the same might be reversed, or that the Appellant might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:” As also upon the Answer of the said Sir John Gordon of Invergordon Baronet put in to the said Original Appeal; and the Answer of Hugh Rose and, other Freeholders of the County of Cromarty put in to the said Cross Appeal; and due Consideration had of what was offered on either Side in these Causes: And upon Consideration had of an Interlocutor, by the Court of Session in Scotland, bearing Date the 10th of February 1761, affirmed by this House on the est of April 1762, in a Cause between James Stewart and others Appellants, and David Dalrymple Respondent; and also a Judgement by the said Court of Session, bearing Date the 17th of January 1766, affirmed by this House on the 21 st of March following, in a Cause between Sir John Gordon Appellant, and Roderick Macleod of Cadboll Respondent, which were urged at the Bar, but stand upon Grounds not applicable, in Circumstances, Law, or Reason, to the present Case:

Judgement

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Titles produced by the Complainer to the Freeholders, upon which he desired to be enrolled, were essentially defective, for Want of shewing a Retour, for which Reason the Freeholders did right in refusing to enrol him; and that, upon his Petition complaining of such Refusal, the Court of Session was confined to the Titles laid before the Freeholders, r, having no Jurisdiction, by the Statute in that Case made and provided, to order a Claimant to be enrolled upon any Title originally produced to them, and not laid before the Freeholders in the First Instance: And it is hereby Ordered and Adjudged, That the Interlocutor of the 10th of Match last, and so much of the Interlocutor of the 17th of February last as is complained of by the Cross Appeal, be affirmed: And it is hereby Declared, That the Opinion given by the Interlocutor of the 4th of March last, and by so much of the said Interlocutor of the 17th of February as is complained of by the Original Appeal, is premature and, extrajudicial: And it is hereby further Ordered and Adjudged, That the same be reversed, without Prejudice to the Complainer’s Title when it shall be compleatly laid before the Freeholders.

Farndon Enclosure, Bill:

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Wane Grounds, in the Parish of Farndon, in the County of Nottingham.”

The King’s Consent signified.

The Lord Wycombe acquainted the House, “That His Majesty, having been informed of the Contents of the said Bill, was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think sit.”

Ancholme Level and River, Bill: The King’s Consent signified.

The Lord Wycombe also acquainted the House, “That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for the, more effectual draining the Lands lying in the Level of Ancholme in the County of Lincoln, and making the River Ancholme navigable from the River Humber, at or near a Place called Ferraby Sluice in the County of Lincoln, to the Town of Glemford Briggs, and for continuing the said Navigation up or near to the said River from thence to Bishop Briggs in the said County: of Lincoln,” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think sit.”

Then the said Bill was read a Second Time.

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

D. Richmond. L. B. Durham. L. Botetourt.
D. Grafton. L. B. Litch. & Gov. L. Willoughby Par.
D. Portland. L. B. Gloucester. L. Cathcart.
M. Rockingham. L. B Landaff. L. Trevor.
E. Suffolk. L. Ducie.
E. Denbigh. L. Monson.
E. Winchelsea. L. Sandys.
E. Sandwich. L. Walpole.
E Shaftesbury. L. Lyttelton.
E. Litchfield. L Boston.
E. Abercorn.
E. Marchmont.
E. Oxford.
E. Gower.
E. Buckingham.
E. Ilchester.
E. Radnor.
V. Hertford.
V Weymouth.

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

Williamson’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act: for vesting Part of the settled Estate of Richard Williamson Esquire in Trustees, to be fold; and for applying the Money arising by such Sale for reimbursing the said Richard Williamson the Expenses he has been at in improving the said Estate; and other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass”

It was Resolved in the Affirmative.

E. of Radnor’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue, by the Wills of Jacob late Viscount Folkestone and Sir Edward des Bouverie Baronet, deceased, in Trustees, to be sold; and for purchasing and settling other Lands and Hereditaments in Lieu thereof; and to empower the Tenants for Life to make such Leases as are therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Ostorne’s and the E. of Pomfrets Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for Sale of divers Freehold and Copyhold Lands and Tenements in the Parish of Sunbury in the County of Middlesex, and of certain Copyhold Lands in the Parish of Hampton in the said County, Part of the Estate of John Osborne, deceased, unto the Right Honourable George Earl of Pomfret, pursuant to an Agreement; and to apply the Purchase money in discharging the Debts and Encumbrances asseming the said Estate; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

E. of Scar-brough’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for discharging divers Manors, Rectory, Messuages, Lands, and Hereditaments, Part of the Estate of the Right Honourable Richard Earl of Scarbrough, by him settled on his Marriage with the Right Honourable Barbara Countess of Scarbrough, from the Uses and Trusts of the said Settlement; and for setting other Manors, Lands, and Tenements, of greater Value, in Lieu thereof, to the like Uses.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Moyle to take the Name of Copley, Bill.

Hodie. 3a vice lecta est Billa, intituled, “An Act to enable Joseph Copley Esquire (lately called Joseph Mayle) and his Issue to take, use, and bear, the Surname and Arms of Copley, pursuant to the Will of Lionel Copley Esquire, deceased.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Goebell’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Gerrard Goebell:

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. with the Six preceding Bills.

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

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

Edinburgh Playhouse. &c Bill.

Hodie 3a vice lecta est Billa, Intituled, “An Act for extending the Royalty of the City of Edinburgh over certain adjoining Lands; and for giving Powers to the Magistrates of Edinburgh, for the Benefit of the said City; and to enable His Majesty to grant Letters Patent for establishing a Theatre in the City of Edinburgh or Suburbs thereof.”

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative.

Bull Green,&c. Roads, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for repairing and widening the Road leading from the Turnpike Road in the Town of Tenterden to and over Bull Green, and to and through the Town of; Great Chart to a House known by the Sign of the Castle, at the Entrance of the Town of Ashford in the County of Kent; and also the Road leading from Bull Green aforesaid to Hothfield Heath; and also the Road leading from Bull Green aforesaid, through High Halden, to Dashmanden in the Parish of Biddenden, in the said County of Kent.

The Question was put, “Whether this Bill shall pass ?”

It was Resolved in the Affirmative

Barkwith Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Open Common Fields and Meadows in the Parish of East Barkwith, in the County of Lincoln.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative

Phipp’s Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to enable His Majesty to grant the Inheritance in Fee Simple of divers Manors, Lands, and Hereditaments, in the County of York, demised to Constantine Phipps Esquire by Letters Patent under the Seal of His Majesty’s Court of Exchequer, unto the said Constantine Phipps and Constantine John Phipps his Eldest Son, upon a full and adequate Consideration to be paid for the same.”

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 Four preceding Bills.

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

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

Bamber’s Estate, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for Sale of divers Messuages, Farms, Lands, and Tenements, in the County of Essex, entailed by the Will of Doctor John Bamber deceased; 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 like 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 Tuesday the 19th Day of this Instant May, at the usual Time and Place: and to adjourn as they please.

Koe and Wolf, Nat. Bill.

Ordered, That the Committee to whom the Bill, Intituled, “An Act for naturalizing John Koe and George Wolff,”stands referred, be revived: and meet on Thursday next.

Booth’s Bill,

Ordered, That the Committee to whom the Bill, 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 fold; and for laying out the Money arising from such Sale in the Purchase of Lands and Hereditaments, to be settled to the like Uses,” stands referred, be revived: and meet on Thursday next.

Wisbech, &c. Road, Bill:

Ordered, That the Meeting of the Committee to whom the Bill, intituled, “An Act to amend an Act made in the Fifth Year of His present Majesty, for amending the Road from Chatteris Ferry, through Chatteris and March, to Wisbech Saint Peters, and from thence to Tide Gate, in the Isse of Ely, and from Wisbech aforesaid, through Outwell, to Downham Bridge in the County of Norfolk; and for repealing the several Acts for repairing the said Road between Wisbech and March: and also for charging certain Lands in Waldersea, and on Wisbech South Side, to wards the Repairs of the Waldersea and South Side Banks, which, before the passing of the said Act, were liable to such Repairs, stands referred, which is appointed for Tomorrow, be put off to Thursday next.”

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Dux York. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Winton. Dux Gloucester.
Epus. Roffen. Ds. Camden, Cancellarius.
Epus. Litch. & Cov.
Epus. Asaphen. Ds. Le Despencer.
Epus. Bangor. Dux Richmond. Ds. Botetourt.
Epus. Norvicen. Dux Grafton. Ds. Willoughby Br.
Epus. Glocestr. Dux Bolton. Ds. Willoughby Par.
Epus. Landav. Dux Marlborough. Ds. Berkeley Str.
Epus. Lincoln. Dux Newcastle. Ds. Trevor.
Epus. Bristol. Dux Portland. Ds. Masham.
Epus. Carliol. Dux Chandos. Ds Bathurst.
Epus. Exon. Dux Bridgewater. Ds. Cadogan.
Epus. Petriburg. Ds. Ducie.
Epus. Meneven. March. Rockingham. Ds. Monson.
Ds. Godolphin.
Comes Talbot, Senescallus. Ds. Montfort.
Ds. Edgecumbe.
Comes Hertford, Camerarius. Ds. Sandys.
Ds. Fortescue.
Comes Huntingdon. Ds Ravensworth.
Comes Suffolk. Ds. Ponsonby.
Comes Denbigh. Ds. Vere.
Comes Winchelsea. Ds. Hyde.
Comes Sandwich. Ds. Walpole.
Comes Essex. Ds. Harwich.
Comes Shaftesbury. Ds. Lyttelton.
Comes Litchfield. Ds. Sondes.
Comes Scarbrough. Ds. Grantham.
Comes Albemarle. Ds. Grosvenor.
Comes Coventry. Ds. Boston.
Comes Cholmondeley. Ds. Lovel s& Holland.
Comes Marton. Ds. Vernon.
Comes Eglintoun. Ds. Digby.
Comes Abercorn. Ds. Sundridge.
Comes Loudoun.
Comes Dunmore.
Comes Marchmon.
Clomes Oxford.
Comes Dartmouth.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Gower.
Comes Buckingham shire.
Comes Temple.
Comes Harcourt.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Delaware.
Comes Radnor.
Viscount Hereford.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS

Sir O. Crofton, Leave to revire Appeal.

A Petition of Sir Oliver Crofton Baronet, was presented, and read; setting forth, “That, in the Beginning of this Session of Parliament, the Petitioner presented a Petition of Appeal to this House, from several Orders and Decrees of the Court of Chancery in Ireland; but as more than Five Years had elapsed “since the pronouncing these Orders and Decrees, and the Petitioner being not then able to make Proof of their not being enrolled, the said Appeal could not then be received; that the Petitioner has now procured a proper Affidavit, that none of the said Orders and Decrees are yet enrolled;” and therefore praying, “That he may be at Liberty to present his said Appeal.”

And thereupon the Standing Order, No 118, limiting the Number of Years for bringing Appeals, was read.

And the Agent for the Petitioner was called in and heard at the Bar.

And being withdrawn:

Ordered, that the Petitioner be at Liberty to present his Said Appeal, as desired.

Sir O. Crofton against. Connor.

Accordingly, upon reading the Petition and Appeal of Sir Oliver Crofton of Dublin in the Kingdom of he land Baronet; complaining of Two Orders of the Court of Chancery in Ireland, of the 15th of February 1747, and 20th of July 1751; and also of Two Decrees of the said Court, of the 25th of July 1754, and 21th of July 1759; and praying, “That the same may be reversed and set aside; or that the Appellant may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that George Connor may be required to answer the said Appeal:”

It is Ordered, That the said George Connor may nave a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Wednesday the 10th Day of June next; and Service of this Order upon the Clerk in Court of the said Respondent in the said Court of Chancery in Ireland shall be deemed good Service.

Pet against the Ancbolms Level and River Bill:

Upon reading the petition of several Persons whose names are thereunto subscribed, being Proprietors of Lands within the Level of Ancholme, in the County of Lincoln; praying to be heard, by Counsel, against such Parts of a Bill depending in this House, intituled, “An Act for the more effectual draining the Lands lying in the Level of Ancholme in the County of Lincoln, and making the River Ancholme navigable, from the River Humber, at or near a Place called Ferraby Sluice, in the County of Lincoln, to the Town of Glemford Briggs, and for continuing the said Navigation up or near, to the said River from thence to Bishop Briggs in the said County of Lincoln,” as affect the Petitioners Property within the said Level:”

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands referred; with Liberty for the Petitioners to be heard, by their Counsel, against the said Bill, before the said Committee; as may also Counsel be heard for the said Bill, at the same Time, if they think fit.

Lords added to committee.

Ordered, That all the Lords who have been present: this Session be of the Committee to whom the said Bill stand.

stands referred; and that the Sitting of the Committee be adjourned till Monday next.

Report Committee relating to Delcents of Peers considered.

The Order of the Day being read, for taking into Consideration the Report from the Committee appointed to consider of the most proper Means effectually to ascertain the Descents of the Peers of this Kingdom; and for the Lords to be summoned:

The First Resolution was read by the Clerk; and agreed to.

The Second Resolution read:

And an Amendment was proposed tobe made thereto, by inferring, after the Words [“the Brothers and Sisters their Issue”], the Words [“the Wife or Wives of such Peer.”]

The same was agreed to.

Then another Amendment was proposed to be made to the said Resolution, by leaving out, after the Words, [“upon his Honour] [if he think fit]”.

The same was agreed to.

And the said Resolution, thus amended, was agreed to.

The Third Resolution was read, and agreed te. The Fourth Resolution read, and agreed to.

Moved, “That the said Orders be made Standing Orders.”

Ordered, That the said Motion be taken into Consideration on Monday next: and the Lords summoned.

Ayr Roads, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for repairing and widening several Roads in the County of Ayr.

Addenbrooke Hospital. Cambridge; Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for establishing and well-governing a general Hospital, to be called Addenbrooke’s Hospital, in the Town of Cambridge,”

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

D Richmond. L Bp. Durham. E. Botetourt.
D. Bolton. L. B. Litch. & con. L Willoughby par.
D. Portland. E. B. Norwich. L. Trevor.
M. Rockingham. L. B. Landaf. L. Masham.
Ld. Chamberlain. L. B. Exeter. L. Montford.
E. Huntingdon. L. Montford.
E. Suffolk. L. Hyde.
E. Denbigh. L. Lyttelton.
E. Winchelsea. L. Boston.
E. Shaftesbury. L. Lovel & Holland.
E. Litchfield.
E. Albemark.
E. Coventry.
E. Cholmondeley.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Macclesfield.
E. Pomfret.
E. Ashburnham.
E. Radnor.
V. Hereford.
V. Say & Sele.

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.

Farndon Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Farndon. in the County of Nottingham.

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.

Message from H. C. to return Sharpe’s Bill.

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

To return the Bill, intituled, “An Act for vesting Messuage and divers Lands, with the Appurtenances in the County of Hertford, Part of the Estate comprised in the Marriage Settlement of Fane William Sharpe Esquire, in Trustees, to be sold;, and for purchasing other Lands and Tenements, to be settled to the like Uses:” and to acquaint this House, that they have agreed to the same, without any Amendment.

Heyman Leave for a Nat. Bill:

Upon reading the Petition of Henry Heyman; praying Leave to bringing 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.

The Lord Botetourt presented to the House a Bill, intituled, “An Act for naturalizing Henry Heyman.

The said Bill was read a First Time.

Holland Fen, &c. Bill.

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

With a Bill, intituled, “An Act for dividing a certain Fen called The Haute Huntre, Eight Hundred, or Holland Fen, and certain other Commonable c Places adjoining thereto, iri’the Parts of Holland, in the County of Lincoln;” to which they desire the Concurrence of this House.

The said Bill was read, the First Time.

Motion for Address for Copies of all References, Sec. by Board of Trade and Secretaries of State, relating to the Bill for making Compensation to

Moved, “That an humble Address be presented to His Majesty, that He will be graciously pleased toi give Directions, that there be laid before this House, Copies of all References, Orders, Proceedings, and Reports made by the Commissioners of Trade and Plantations, the Secretaries of State, or His Majesty’s Privy Council, relating to the Bill for granting.

the Sufferers by Riots at Boston.

Compensation to the Sufferers, and of free and general Pardon, Indemnity, and Oblivion, to the Offenders in the late Times, from the 29th Day of December, when the First Notice of the said Bill appears, by the Papers on our Table, to have been given to His Majesty’s Secretary of State.”

The same was objected to:

After long Debate;

The Question was put thereupon.

It was Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Ds. Camden, Cancellarius. Ds. Wycombe UnusPrimariorum Secretariorum.
Epus. Cicestrien.
Epus. Carliol. Dux Bolton.
Dux. Ancaster, Mangnus Camerarius.
Ds. Willoughby rar.
Comes Morton. Ds. Cathcart.
Comes Eglintoun. Ds. Bathurst.
Comes Mercurii. Ds. Sandys.
Comes Marchmont. Ds. Ravensworth.
Comes Oxford. Ds. Mansfield.
Comes Gower. Ds. Boston.
Comes Radnor. Ds. Sundridge.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Dudley & Word.

PRAYERS.

Shoreditch Bahnall Green, &c. Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, “An Act to enlarge the Term and Powers of an Act made in the Twenty-ninth Year of King George the Second, for making a Road from the East Side of the Parish of Saint Mathew, Bethnal Green, in the County of Middlesex, to the East End of Church Street, and to open a Way into Shoreditch; and for repairing, paving, and regulating, Old Cock Lane, New Cock Lane, Church Street, and the Road on the West Side of the Opening into Shoreditch, and for removing Nuisances and Obstructions there from, and preventing the same for the future,” 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.”

Koe and Wolff’s Nat. Bill.

The Earl of Marchmont also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for naturalizing John Koe and George Wolffe” was committed.

Petition of Persons against. Haute Hantre Fen, Bill.

Upon reading the Petition of Sir Gilbert Heathcote Baronet, on Behalf of himself and other Proprietors, entitled to Right of Common and other Interests in Holland Fen, in the County of Lincoln; taking Notice of a Bill depending in this House, for dividing a certain Fen, called The Haute Huntre, in the County of Lincoln; and praying, “That he may be at Liberty to be heard, by his Counsel, against such Parts of the said Bill as the Petitioner apprehends may be injurious to his Estate and the Estates of other Proprietors:”

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

Cogan’s Bill

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act for vesting the undivided Parts of several Manors, Messuages, Closes, Lands, Tenements, Tolls, and other Hereditaments, in the Counties of Leicester and Northampton, devised by the Will of John Cogan Surgeon deceased, in Trustees, to be fold; and for applying the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses contained in the said Will, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some 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.

Hull Frodingham Navigation Bill

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

With a Bill, intituled, “An Act for improving the Navigation of the River Hull and Frodingham Beck, from Ake Beck Mouth to the Clough on the East Corner of Fisholme; and for extending the said Navigation from the said Clough into or near the Town of Great Driffield, in the East Riding of the County of York;” to which they desire the Concurrence of this House.

Adlingsleet Commons Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing certain Lands, Grounds, and Commons, in the several Townships of Adlingsleet, Fockerby, and Haldenby, in the West Riding of the County of York;” to which they desire the Concurrence of this House.

Uxbridge and Bill.

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

With a Bill, intituled, “An Act to continue and render more effectual Three Acts, for repairing the Highways between Tyburn and Uxbridge, in the County of Middlesex; and for amending the Road leading from Brent Bridge, over Hanwell Heath through the Parishes of Hanwell, New Brentford, and Ealing, to the Great Western Road in the said County; and for lighting, watching, and watering, the Highway between Tyburn and Kensington Gravel Pits;” to which they desire the Concurrence of this House.

Annuities and Lottery, Bill.

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

With a Bill, intituled, “An Act for raising the Sum of One Million Five Hundred Thousand Pounds by Way of Annuities, and a Lottery attended with Annuities to be charged on the Sinking Fund;” to which they desire the Concurrence of this House.

To redeem One Fourth Part or Annuities on Wines and Cyder, Bill.

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

With a Bill, intituled, “An Act for redeeming One Fourth Part of the Joint Stock of Annuities established by an Act made in the Third Year of His present Majesty’s Reign, intituled, An Act for granting to His Majesty several additional Duties upon Wines imported into this Kingdom; and certain Duties upon all Cyder and Perry; and for raising the Sum of Three Millions Five Hundred Thousand Pounds by Way of Annuities and Lotteries, to be charged on the said Duties;” to which they desire the Concurrence of this House.

To redeem Navy, &c. Annuities, Bill.

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

With a Bill, intituled, “An Act for redeeming the Remainder of the Joint Stock of Annuities established by an Act made in the Third Year of His present Majesty’s Reign, in respect of several Navy, Victualling, and Transport Bills, and Ordnance Debentures: “to which they desire the Concurrence of this House.

Message from H. C. to return Ryecroft’s Bill.

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

To return the Bill, intituled, “An Act to empower Richard Ryecroft Clerk and his issue, claiming under his Marriage Settlement, to grant Leases of Houses and Grounds in Clarges Street, in the County of Middlesex:” and to acquaint this House, that they Lave agreed to the same, without any Amendment.

Farquharson against Adam.

After hearing Counsel in Part, in the Cause wherein Francis Farqusarson is Appellant, and John Adam Esquire is Respondent:

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

Adlingsfeet Common, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Lands, Grounds, and Commons, in the several Townships of Adlingfleet, Fockerby, and Haldenby, in the West Riding of the County of York

Haute Huntre Fen, Bills:

Hodie 2a vice lecta est, Billa, intituled, “An Act for dividing a certain Fen, called The Haute Huntre, Eight Hundred, or Holland Fen, and certain other Commonable Places adjoining thereto, in the Parts of Holland, in the County of Lincoln athur

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

D. Bolton. L Bp Chichester. L. Botetourt.
D Ancaster. L. B. Carlisle. L Willoughby Br.
E. Morton. L. Willoughby Par.
E. Eglintoun. L. Cathcart.
E. Abercorn. L. Bathurst.
E. Marchmont. L. Sandys.
E Oxford. L. Ravensworth.
E Gower. L. Boston.
E. Radnor.
Vis. Say & Sele.
Vis. Weymouth.
Vis. Dudley & Ward.

Their Lordships, or any Five of them; to meet on Monday the 18th Day of this Instant May, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Sir Gilbert Heathcote to be heard against it;

Ordered, That the Petition of Sir Gilbert Heathcote, praying to be heard, by Counsel, against the said Bill, be referred to the said Committee; with Liberty for the Petitioner to be heard, by his Counsel, against the said Bill; as may also Counsel be heard for the Bill, at the same Time, if they think fit.

Ordered, That all the Lords who have been present this Session be of the said Committee.

Jackson to attend as. Witness the Bill.

Ordered, That Samuel Jackson, Clerk to the Comissioners of Sewers, do attend this House on Thursday next, in order to his being sworn, to be examined be fore the said Committee upon the said Bill; and bring with him such Dyke-reeves Rates as concern the several Towns in the Parts, of Holland in the County of Lincoln, called The Eleven Towns, and such Laws and Orders as relate to the same.

Lottery and Annuities, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for raising the Sum of One Million Five Hundred Thousand Pounds, by Way of Annuities, and a Lottery attended with Annuities, to be charged on the Sinking Fund.”

To redeem One Fourth Part of Annuities on Wines and Cyder, bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for redeeming One Fourth Part of the Joint Stock of Annuities, established by an Act made in the Third Year of His present Majesty’s Reign, intituled, “An Act for granting to His Majesty several additional Duties upon Wines imported into this Kingdom, and certain Duties upon all Cyder and Perry; and for raising the Sum of Three Millions Five Hundred Thousand Pounds by Way of Annuities and Lotteries, to be charged on the said Duties.”

To redeem Navy, &c. Annuities, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for redeeming the Remainder of the Joint Stock of Annuities, established by an Act made in the Third Year of His present Majesty’s Reign, in respect of several Navy, Victualling, and Transport Bills, and Ordnance Debentures.”

Hull and Frudingham Navigation, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for improving the Navigation of the River Hull and Frodingham Beck, from Ake Beck Mouth to The Clough on the East Corner of Fisholme; and for extending the said Navigation from the said Clough into or near the Town of Great Ditffield, in the East Riding of the County of York

Uxbridge, Ealing, &c. Roads, Bill

Hodie 1a vice lecta est Billa, intituled, “An Act to continue and render more effectual Three Acts, for repairing the Highways between Tyburn and Uxbridge in the County of Middlesex; and for amending the Road leading from Brent Bridge, over Hanwell Heath, through the Parishes of Hanwell, New Brentford, and Ealing, to the Great Western Road in the said County; and for lighting, watching, and watering, the Highway between Tyburn and Kensington Gravel Pits.”

Adjourn

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Maii, hora undecima Auroræ, Dominis fie decernentibus.

Die Veneris, 8o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar. Ds. Camden, Cancel Larius. Ds. Wycombe, Unus Primariorum Secre tariorum.
Epus. Duresm. Comes Northington, Præses.
Epus. Litch, & Cov. Dux Ancaster, Magnus Camerarius. Ds. Botetourt.
Epus. Asaphen. Dux Bridgewater. Ds. Willoughby Br.
Epus. Glocestr. Dux Northumberland. Ds. Willoughby Par.
Epus. Exon. Comes Hertford, Camerarius. Ds. Cathcart.
Epus. Petriburg. Comes Denbigh. Ds. King.
Epus. Meneven. Comes Sandwich. Ds. Monson.
Comes Abercorn. Ds. Sandys.
Comes Marchmont. Ds. Mansfield.
Comes Oxford. Ds. Grantham.
Comes Radnor. Ds. Boston.
Viscount Say & Sele. Ds. Lovel & Holland.
Viscount Weymouth. Ds. Digby.
Ds. Sundridge.

PRAYER

Chatteris Feiry to Wilbech, &c Roads, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, “An Act to amend an Act made in the Fifth Year of His present Majesty, for amending the Road from Chatteris Ferry, through Chatteris and March, to Wisbech Saint Peter’s, and from thence to Tide Gate in the lsle of Ely, and from Wistech aforesaid through Outwell to Downham Bridge, in the County of Norfolk; and for repealing the several Acts for repairing the said Road between Wisbech and March; and also for charging certain Lands in Waldersea and on Wisbech South Side towards the Repairs of the Waldersea and South Side Banks, which before the passing of the said Act were liable to such Repairs,” 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.”

Addenbrooke. Hospital Cambridge, Bill,

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for establishing and well-governing a general Hospital to be called Adaenbrooke’s Hospital, in the Town of Cambridge,” was committed.

Farquherson against Adam.

After hearing Counsel further in the cause, wherein Francis Farquharson is Appellant, and John Adam Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Cause removed.

Ordered, That the Hearing of the Cause wherein Noah Webb Esquire and others are Appellants, and Shapland Carew and others are Respondents, et é contra, which stands appointed for Monday next, be adjourned to Tuesday next.

Poyntz, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Poyntz 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 1a vice lecta est Billa, intituled, “An Act for vesting Part of the settled Estates of William Poyntz Esquire in Trustees, to be fold, for discharging the Encumbrances affecting the same; and for applying the Remainder of the Money thereby raised in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses to which the said Estate flood settled; and for other Purposes therein mentioned.”

Cogan’s Εstate, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting the undivided Parts of several Manors, Messuages, Closes, Lands, Tenements, Tolls, and other Hereditaments, in the Counties of Leicester and Northampton, devised by the Will of John Cogan Surgeon deceased, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses contained in 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. Montagu and Mr. Cudden:

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

Codbeck Brook. to Thuske, Navigation Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for making navigable a Brook called Codbeck, from the River Swale, to the Borough of Thirsk, in the County of York.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Shap Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons in the Manor of Shap, in the County of Westmorland.

The Question was put, “Whether this Bill shall pass?”

It was Resolves in the Affirmative.

Distington Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common within the Manor of Distington, in the County of Cumberland.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Hensingham Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons within the Manor of Hensingham, in the County of Cumberland.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Reagill Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons in the Manor of Reagill, in the County of Westmorland.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Koe and Wolst’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Koe and George Wolffge.

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C that the Lord a have agreed to the Six preceding Bills.

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.

Adlingsleet Common, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Lands, Grounds, and Commons, in the several Townships of Adlingsteet, Fockerby, and Haldenby, in the West Riding of the County of York

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

L. President. L. Bp. Durham. L. Botetourt.
D. Ancaster. L. Bp. Gloucester. L. Willoughby Par.
D. Bridgewater. L. (fn. 1) Bp. Exeter. L. Cat heart.
L. Chamberlain. L. Bp. St. Davids. L. Monson.
E. Denbigh. L. Sandys.
E. Sandwich. L. Grantham.
E. Abercorn. L. Boston.
E. Marchmont.
E. Oxford.
E. Radnor.
Vis. Say & Sele.
Vis. Weymouth.

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

Ayr Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for repairing and widening several Roads in the County of Ayr

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.

Hull and Frodingham, Navigation, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for improving the Navigation of the River Hull and Frodingham Beck, from Ake Beck Mouth, to The Clough on the East Corner of Fistolme; and for extending the said Navigation from the said Clough into or near the Town of Great Driffield, in the East Riding of the County of York.

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

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

Uxbridge and Ealing, Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue and render more effectual Three Acts, for repairing the Highways between Tyburn and Uxbridge, in the County of Middlesex, and for amending the Roads leading from Brent Bridge, over Hanwell Heath, through the Parishes of Hanwell, New Brentford, and Ealing, to the Great Weilern Road in the said County; and for lighting, watching, and watering the Highway between Tyburn and Kensington Gravel Pits.

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.

Annuities and Lottery, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for raising the Sum of One Million Five Hundred Thousand Pounds, by of Way Annuities, and a Lottery attended with Annuities, to be charged on the Sinking Fund.”

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

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

One Fourth Part of Annuities on Wines and Cyder, to redeem, Bill

Hodie 2a vice lecta est Billa, intituled, “An Act for redeeming One Fourth Part of the Joint Stock of Annuities, established by an Act made in the Third Year of His present Majesty’s Reign, intituled, “An Act for granting to His Majesty several additional Duties upon Wines imported into this Kingdom, and certain Duties upon all Cyder and Perry; and for raising the Sum of Three Millions Five Hundred Thousand Pounds, by Way of Annuities and Lotteries, to be charged on the said Duties.”

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

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

To redeem Navy, &c. Annuities, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for redeeming the Remainder of the Joint Stock of Annuities, established by an Act made in the Third Year of His present Majesty’s Reign, in respect of several Navy, Victualling, and Transport Bills, and Ordnance Debentures.”

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

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

Willeisley Common, Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Commonable Lands, and Waste Grounds, of and in the Parish of Willesley, in the County of Gloucester:” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hosking, Leave for a Bill

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

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for vesting Part of the settled Estate of William Hoskins Esquire, deceased, in the Counties of Surrey and Kent, in Trustees to be fold, for discharging Money due upon a Mortgage of his Estate in Kent called Hethenden Farm, and other Debts and Encumbrances; and for setting said Estate called Hethenden Farm, so disencumbered, to and for the Uses and Purposes therein mentioned.”

Shoreditch, Bethnall Green, &c. Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of an Act made in the Twenty-ninth Year of King George the Second, for making a Road from the East Side of the Parish of Saint Mathew, Bethnal Green, in the County of Middlesex, to the East End of Church Street, and to open a Way into Shoredtich; and for repairing, paving, and regulating, Old Cock Lane, New Cock Lane, Church Street, and the Road on the West Side of the Opening into Shoreditch; and for removing Nuisances and Obstructions therefrom, and preventing the same for the future.”

The Question was put, “Whether this Bill shall pass?”

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis, Maii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Deest in Originali.