House of Lords Journal Volume 32: February 1768, 1-10

Journal of the House of Lords Volume 32, 1768-1770. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 32: February 1768, 1-10', in Journal of the House of Lords Volume 32, 1768-1770, (London, 1767-1830) pp. 57-74. British History Online https://www.british-history.ac.uk/lords-jrnl/vol32/pp57-74 [accessed 10 May 2024]

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In this section

DIE Lun, 1o Februarii 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius. Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Bath & Wells. Comes Gower, Prses. Ds. Wycombe, Unus Primariorum Secretariorum
Epus. Litch. & Cov. Dux Richmond. Ds. Le Despencer.
Epus. Cestrien. Dux Grafton. Ds. Botetourt.
Epus. Wigorn. Dux Bolton. Ds. Willoughby Br.
Epus. Asaphen. Dux Bedford. Ds. Delamer.
Epus. Bangor. Dux Athol. Ds. Cathcart.
Epus. Landav. Dux Bridgewater. Ds. Bathurst.
Epus. Lincoln. March. Rockingham. Ds. Monfort.
Epus. Carliol. Comes Hertford, Camerarius. Ds. Ravensworth.
Epus. Petriburg. Comes Suffolk. Ds. Hyde.
Epus. Meneven. Comes Winchelsea. Ds. Mansfield.
Comes Sandwich. Ds. Scarsdale.
Comes Shaftesbury. Ds. Boston.
Comes Litchfield. Ds. Lovel & Holland.
Comes Plimouth.
Comes Morton.
Comes Abercorn.
Comes Breadalbane.
Comes Dunmore.
Comes Marchmont.
Comes Dartmouth.
Comes Aylesford.
Comes Macclesfield.
Comes Harrington.
Comes Radnor.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Douglas against Reid.

The Answer of William Douglas to the Appeal of Captain Alexander Reid was this Day brought in:

Douglas against Elphinstone.

As was also, The Answer of William Douglas to the Appeal of Alexander Elphinstone.

Thanks to the Bp. of Peterborough for his Sermon.

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

Commons Answer to Message for Mr. Cust to attend.

The Messengers sent to the House of Commons to desire, that they will give Leave to Peregrine Cust Esquire, a Member of that House, to attend their Lordships, in order to his being examined upon the Second Reading of the East India Dividend Bill, return Answer, That they will send an Answer by Messengers of their own.

M'Kye and Crawfurd against Dalrymple.

The Answer of John Ross M'Kye and John Crawford Esquires, to the Appeal of Charles Dalrymple Esquire, was this Day brought in:

M'Kye and Crawfurd against Houston.

As was also, The Answer of John Ross M'Kye and John Crawfurd Esquires, to the Appeal of Alexander Houston Esquire:

M'Kye and Crawfurd against Clark.

Also, The Answer of John Ross M'Kye and John Crawfurd Esquires, to the Appeal of John Clark Esquire:

M'Kye and Crawfurd against Bruce.

And also, The Answer of John Ross M'Kye and John Crawfurd Esquires, to the Appeal of Alexander Bruce.

Billingborough Enclosure and Drainage Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, within the Parishes of Billingborough and Birthorpe in the County of Lincoln, and for draining and improving the said Fen: To which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cash Accounts of E. India Company to be laid before the House.

Ordered, That the proper Officer do lay before this House, the Two Cash Accounts made up by Order of the Court of Directors of the East India Company and which passed that Court, the One made up to the 1st of March, and continued to the 1st of September 1768, the other to the 1st of February 1769.

Lemington Priors Enclosure Bill.

A Message was brought from the House of Commons by Sir Charles Mordaunt, and others.

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, on the South and West Parts of the River Leam, in the Manor and Parish of Lemington Priors, in the County of Warwick: To which they desire the Concurrence of this House.

Transportation of Offenders Bill.

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

With a Bill, intituled, An Act for the more speedy and effectual Transportation of Offenders: To which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Birmingham Navigation, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for making and maintaining a navigable Cut or Canal from Birmingham to Bilstone, and from thence to Autherley, there to communicate with the Canal now making between the Rivers Severn and Trent, and for making collateral Cuts up to several Coal Mines.

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

Ld. President. L. Bp. Durham. Ld. Harwich.
D. Richmond. L. Bp. Litch. & Cov. L. Botetourt.
D. Grafton. L. Bp. Chester. L. Le Despencer.
D. Bedford. L. Bp. Worcester. L. Willoughby Par.
D. Ancaster. L. Bp. Landaff. L. Delamer.
D. Bridgewater. L. Cathcart.
M. Rockingham. L. Bathurst.
Ld. Chamberlain. L. Scarsdale.
E. Suffolk. L. Boston.
E. Sandwich. L. Lovel & Holland.
E. Shaftesbury.
E. Morton.
E. Abercorn.
E. Breadalbane.
E. Marchmont.
E. Dartmouth.
E. Aylesford.
E. Radnor.
V. Weymouth.

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

E. Sandwich Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honorable John Earl of Sandwich 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 an undivided Moiety of certain Manors, Messuages, Lands, Tenements, and Hereditaments, situate and being in the County of Berks, late the Estate of Charles Lord Viscount Fane deceased; and which, upon his Death, became vested in Possession in Dorothy Countess of Sandwich, in Trustees and their Heirs, in Trust to be sold; and for applying the Money to arise by the Sale thereof in the Manner therein mentioned.

Maidstone to Tubbs Lake Road Bill.

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

With a Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Thirty-third Year of the Reign of His late Majesty, for repairing the Road from the Thirty-nine Mile Stone in Maidstone to Tubbs Lake in the Parish of Cranbrooke in the County of Kent: To which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mr Edwardes et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Honorable William Edwardes 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 establishing and confirming Articles of Agreement, dated Thirty-first of March 1767, between the Honorable William Edwardes, Rowland Edwardes, John Owen Edwardes, Esquires, and the Right Honorable Henry Lord Holland, concerning the Manor of Abbots Kensington, and divers Messuages, Lands, and Hereditaments, in the Parish of Kensington, in the County of Middlesex; and for vesting such Manor, Lands, and Hereditaments, in Trust, to sell and convey the same to the said Henry Lord Holland; and for other Purposes therein mentioned.

Crickley, &c. Hill Road Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for continuing and enlarging the Powers of an Act passed in the Twenty-fourth Year of the Reign of His late Majesty, intituled, An Act for repairing the Road from the Top of Crickley Hill in the County of Gloucester, to Frog Mill, through the Towns of Northleach, Burford, and Witney, and Parishes of Hanborough and Bladon, to Campsfield in the Parish of Kidlington in the County of Oxford; and also the Road from Witney, through Eynsham, Cumner, and Botley, to the City of Oxford (except so much thereof as relates to the Road from Witney, through Eynsham, Cumner, and Botley, to the City of Oxford ); and also, for repairing and widening the Road from Campsfield, to the Turnpike Road at or near Enslow Bridge in the said County of Oxford.

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

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

Hotham Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Pastures, within the Township of Hotham 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 same Place; and to adjourn as they please.

Rempstone Enclosure Bill.

Hodie 3avice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields and Commons within the Lordship or Liberty of Rempstone, in the County of Nottingham.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

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

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

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

Fitzgerald's Exemplification Bill

The Lord Delamer presented to the House (pursuant to an Order of Leave) a Bill, intituled, An Act for making the Exemplification of the last Will of Richard Fitzgerald Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland.

The said Bill was read the First Time.

Brodie et al. against Sir Lu dovick Grant, et al.

Upon reading the Petition and Appeal of Alexander Brodie of Lethen Esquire, complaining of Three Interlocutors of the Lords of Session in Scotland of the 18th of November 1766, 18th of November 1767, and 28th of January last, and praying, That the same may be reversed, or varied; Or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Sir Ludovick Grant, Sir William Dunbar, Sir Alexander Grant, Baronets; Alexander Tulloch of Janachy, Duncan Urquhart of Burdsyeards, Ludovick Grant of Grange Green, Alexander Chalmers Merchant in Forest, Factor for the said Duncan Urquhart, Alexander Dunbar in Conebanks, Factor for the said Sir William Dunbar, William Gordon Merchant in Forest, James Anderson, Alexander Mason, and Alexander Glass, may be required to answer the said Appeal:

It is Ordered, That the said Sir Ludovick Grant, and the said several Persons last named; may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 29th Day of this instant February; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel before the said Court of Session in Scotland, shall be deemed good Service.

Winterup et al. against Alexander el al.

Upon reading the Petition and Appeal of Thomas Winterup Provost, Andrew Lookup of Cleughside, William Smith, and William Brown, Baillies, Thomas Turnbull Treasurer, William Turnbull of Langraw, John Borthwick, James Davidson, James Cockburn, John Archibald, William Shiels, William Henderson, Thomas Oliver; George Borthwick, and John Douglas, Councillors; Andrew Aitkin Deacon of the Fleshers, Convener, George Bullerwell Deacon of the Shoemakers, John Haswell Deacon of the Smiths; and Thomas Winterup Deacon of the Masons, Council Deacons of the Borough of Jedburgh for the current Year, complaining of Two Interlocutors of the Lords of Session in Scotland of the 18th and 24th Days of December 1767, and also of an Interlocutor of the Lord Ordinary there of the 15th of January last, so far as not recalled, and also of such Parts of an Interlocutor of the Lords of Session there of the 26th of January last, as are complained of in the, said Appeal; 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 James Alexander, Robert Oliver, James B'ack, and James Sym, may be required to answer the said Appeal:

It is Ordered, That the said James Alexander, Robert Other, James Black, and James Sym, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 29th Day of this instant February; and Service of this Order upon the Procurators or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Sir; Gordon against Ld. Ellibank Petition for a Bye-day.

A Petition of Sir John Gordon Baronet, Appellant, in a Cause depending in this House, wherein Lord Ellibank and others are Respondents, was presented and read, setting forth, That the Qualifications of a Number of the Freeholders of the County of Cromarty are in Question in this Cause; and therefore praying, that the same may be set down to be heard on Thursday the 25th Day of this instant February, or on such other early Bye-day as to the House shall seem meet.

And thereupon the Agents on both Sides were called in, and heard at the Bar;

And being withdrawn;

Ordered, That this House will hear the said Cause; by Counsel, at the Bar, on Thursday the 25th Day of this instant February, as desired.

Elphinston against Dougles and Mild Petition for a Bye-day.

Upon reading the Petition of William Douglas and William Miln, Respondents in a Cause depending in this House, wherein Alexander Elphinston is Appellant, praying, In regard the House hath been pleased to appoint Causes of this Nature to be heard on an early Bye-day, that the same may be set down to be heard on Thursday the 18th Day of this instant February, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 18th Day of this instant February, as desired.

Reid against Douglas; Petition for a Bye-day:

Upon reading the Petition of William Douglas Esquire, Respondent in a Cause depending in this House, wherein Captain Alexander Reid is Appellant, praying, In regard this being One of the Political Questions concerning the Right and Qualifications of One of the Freeholders of the County of Forfar, that the same may be set down to be heard on Tuesday the 23d Day of this instant February, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 23d Day of this instant February, as desired.

Dalrymple against M'Kye and Crawfurd Petition for a Bye-day.

Upon reading the Petition of John Ross M'Kye and John Crawfurd, Respondents in a Cause depending in this House, wherein Charles Dalrymple Esquire is Appellant, praying, In regard the same being an Election Cause, that the same may be set down to be heard on Thursday the 25th Day of this instant February, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the First Day of March next, as desired.

Bruce against M'Kye and Crawfurd Petition for a Bye-day:

Upon reading the Petition of John Ross M'Kye and John Crawfurd, Respondents in a Cause depending in this House, wherein Alexander Bruce Esquire is Appellant, praying, In regard the same being an Election Cause, that the same may be set, down to be heard on Thursday the 25th Day of this instant February, or on such other early Bye-day as to the House shall seem meet:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the First Day of March next, as desired.

Houston against M'Kye and Crawfurd Petition for a Bye-day.

Upon reading the Petition of John Ross M'Kye and John Crawfurd; Respondents in a Cause depending in this House, wherein Alexander Houston Esquire is Appellant, praying, In regard the same being an Election Cause, that the same may be set down to be heard an Thursday the 25th Day of this instant February, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the First Day of March next, as desired.

Clark against M'Kye and Crawfurd, petition for a Bye-day.

Upon reading the Petition of John Ross M'Kye and John Crawfurd, Respondents in a Cause depending in this House, wherein John Clark Merchant is Appellant, praying, In regard the same being an Election Cause, that the same may be set down to be heard on Thursday the 25th Day of this instant February, or on such other early Bye-day as to the House shall seem meet:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the First Day of March next, as desired.

Keily against Powler, Judges Opinion delivered:

The Order of the Day being read for the Judges to deliver their Opinions upon the Question of Law in the Cause, wherein Richard Keily Esquire is Appellant, and John Fowler is Respondent, put to them on Monday last;

The Lord Chief Justice of the Court of Common Pleas delivered the unanimous Opinion of the Judges present;

That the Bequests over, in case the Daughter of William Cronyn should die without Issue, are to take Effect, according to the true Intent and Meaning of his Will, upon the Death of his Daughter without Issue living at that Time;

And gave his Reasons.

Whereupon, The following Order and Judgement was made:

After hearing Counsel, as well on Friday the 22d and Monday the 25th Days of January last, upon 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 Sell 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 11th 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 might be reversed, or that the Appellants might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of John Fowler put in to the said Appeal; and after hearing the unanimous Opinion of the Judges present this Day upon a Question of Law to them proposed, and due Consideration had of what was offered on either Side in this Cause:

Orders and Decree affirmed.

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

Causes put off.

Ordered, That the Cause which stands for Tomorrow be put off to Friday next, and that the Cause which stands for Wednesday next be put off to Monday next, and that the other Causes on Cause Days be removed in Course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

DIE Mercurii, 3o Februarii 1768.

Domini tam Spirituales quam Temporales prsens fuerunt:

Epus. Londin. Dux Gloucester. Ds. Harwich. Unus Primariorum Secretariorum.
Epus. Duresm. Dux Cumberland. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Winton. Ds. Camden, Cancellarius. Ds. Botetourt.
Epus. Eliens. Comes Gower, Prses. Ds. Willoughby Br.
Epus. Litch. & Cov. Dux Richmond. Ds. Willoughby Par.
Epus. Cestrien. Dux Grafton. Ds. Berkeley Str.
Epus. Wigorn. Dux Bedford. Ds. Cathcart.
Epus. Cicestrien. Dux Gordon. Ds. Trevor.
Epus. Asaphen. Dux Atholl. Ds. Masham.
Epus. Landaff. Dux Ancaster, Magnus Camerarius. Ds. Bathurst.
Epus. Lincoln. Dux Portland. Ds. Cadogan.
Epus. Exon. Dux Bridgewater. Ds. Ducie.
Epus. Petriburg. March. Rockingham. Ds. King.
Epus. Oxon. Comes Talbot, Senescallus. Ds. Monson.
Epus. Meneven. Comes Suffolk. Ds. Godolphin.
Comes Exeter. Ds. Monfort.
Comes Denbigh. Ds. Edgecumbe.
Comes Peterborow. Ds. Sandys.
Comes Winchelsea. Ds. Fortescue.
Comes Sandwich. Ds. Ravensworth.
Comes Doncaster. Ds. Ponsonby.
Comes Shaftesbury. Ds. Vere.
Comes Litchfield. Ds. Hyde.
Comes Holdernesse. Ds. Mansfield.
Comes Scarbrough. Ds. Lyttelton.
Comes Coventry. Ds. Sondes.
Comes Cholmondeley. Ds. Boston.
Comes Morton. Ds. Lovel & Holland.
Comes Eglintoun.
Comes Strathmore.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Comes Kerr.
Comes Waldegrave.
Comes Effingham.
Comes Harrington.
Comes BuckinghamShire.
Comes Temple.
Comes Harcourt.
Comes Cornwallis.
Comes Hardwicke.
Comes Delawar.
Comes Radnor.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Courtenay.

PRAYERS,

Hotham Enclosure Bill, the King's Consent signified to it.

The Lord Viscount Weymouth acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Pastures, within the Township of Hotham, in the East Riding of the County of York, was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Birmingham Navigation Bill.

The Earl of Dartmouth reported from the Lords Committees, to whom the Bill, intituled, An Act for making and maintaining a Navigable Cut or Canal from Birmingham to Bilstone, and from thence to Autherley, there to communicate with the Canal now making between the Rivers Severn and Trent, and for making collateral Cuts up to several Coal Mines, 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.

Hotham Enclosure Bill.

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

Message from H. C. with Leave for Mr. cust to attend.

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

To acquaint this House that they do give Leave to Peregrine Cust Esquire, to attend their Lordships, in order to his being examined upon the Second reading of the East India Dividend Bill, as desired, if he thinks fit.

E. Kerr takes the Oaths.

This Day John Earl Kerr took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof, Witnesses were sworn and examined.

Pulteney et al. against Sir Jn. Gordon et al.

Upon reading the Petition of William Pulteney and Alexander Fraser, Esquires, Appellants in a Cause depending in this House, wherein Sir John Gordon Baronet, and others, are Respondents, praying, In regard the Respondents not having put in their Answer, and this being a preliminary Question relative to Rights of voting in the Election of a Member of Parliament, by Delay in which the Petitioners are likely to be great Sufferers, that they may be at Liberty to withdraw their said Appeal:

Appeal withdrawn.

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

Barrow et al. Petition referred to Judges.

Upon reading the Petition of John Barrow Merchant, and Mary his Wife, George Heron Esquire, and John Smith Esquire, and John Cheney Ironmonger, Assignees of the Estate and Effects of the said John Barrow, Thomas Filkin Surgeon, Richard Selby Clerk, William Stedman Grocer, John Barker Mercer, John Warburton Yeoman, Jane Hough Widow, Robert Scott Salt Officer, Creditors of the said John Barrow, on Behalf of themselves, and others, his Creditors, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

E. Sandwich's Estate Bilk.

Hodie 2a vice lecta est Billa, intituled, An Act For vesting an undivided Moiety of certain Manors, Messuages, Lands, Tenements, and Hereditaments, situate and being in the County of Berks, late the Estate of Charles Lord Viscount Fane deceased, and which, upon his Death, became vested in Possession in Dorothy Countess of Sandwich, in Trustees, and their Heirs, in Trust to be sold; and for applying the Money to arise by the Sale thereof in the Manner therein mentioned:

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

Ld. President. L. Bp. London. L. Wycombe.
D. Richmond. L. Bp. Durham. L. Botetourt.
D. Grafton. L. Bp. Litch. & Cov. L. Willoughby Par.
D. Atholl L. Bp. Worcester. L. Berkeley Str.
D. Portland. L. Bp. Landaff. L. Cathcart.
D. Bridgewater. L. Trevor
M. Rockinghams. L. Masham
E. Suffolk. L. Ducie.
E. Denbigh. L. Edgecombe.
E. Winchilsea. L. Sandys.
E. Sandwich: L. Ravensworth.
E. Shaftesbury. L. Boston.
E. Litchfield.
E. Coventry.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Dartmouth
E. Aylesford.
E. Radnor.
V. Weymouth.

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

Billingborough Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, within the Parishes of Billingborough and Birthorpe, in the County of Lincoln; and for draining and improving the said Fen:

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.

Lemington Priors Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands, on the South and West Parts of the River Learn, in the Manor and Parish of Lemington Priors, in the County of Warwick:

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

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

Edwardes's Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for establishing and confirming Articles of Agreement, dated Thirty-first of March One thousand seven hundred and sixty-seven, between the Honourable William Edwardes, Rowland Edwardes, John Owen Edwardes, Esquires, and the Right Honourable Henry Lord Holland, concerning the Manor of Abbots Kensington, and divers Messuages, Lands, and Hereditaments in the Parish of Kensington, in the County of Middlesex, and for vesting such Manor, Lands, and Hereditaments, in Trust, to sell and convey the same to the said Henry Lord Holland; and for other Purposes therein mentioned:

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

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

Dagge to enter into Recogn zance on Winterup et al. Appeal.

The House being moved, That James Dagge of Lincohn's Inn Esquire, may be permitted to enter into a Recognizance for Thomas Winterup and others, on Account of their Appeal depending in this House, they living in Scotland:

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

Two Cash Accounts from the East India Company delivered.

The House being informed, That Mr. Warren, from the East India Company attended:

He was called in; and delivered at the Bar (pursuant to Order),

1. Cash per Estimate, which probably may be received and paid between the 1st September 1768, and the 1st February 1769, inclusive.

And also, 2. Cash per Estimate, which probably may be received and paid between the 31st October 1767, and the 1st of March 1768, and continued from the 1st March 1768, to the 1st September 1768, inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Mercers Company Account delivered.

The House being informed, That Mr. Cawne, from the Mercers Company, attended:

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

The Accounts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1766, to the 10th of October 1767, directed to be laid before each House of Parliament, by Two Acts, One of the 21st Year of the Reign of His late Majesty King George the Second, intituled, An Act for the Relief of the Annuitants of the Wardens and Commonalty of the Mystery of Mercers of the City of London; and the other of the Fourth Year of the Reign of His present Majesty King George the Third, intituled, An Act for the Relief of the Bond and other Creditors of the Wardens and Commonalty of the Mystery of Mercers of the City of London.

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

East India Dividend Bill.

The Order of the Day being read for the Second reading of the Bill, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends; and for hearing Counsel against the same, and for the Attendance of the several Persons who were ordered to attend on Friday last:

Counsel were called in; and the said Bill was read a Second Time.

Then Mr. Sayers was heard against the Bill; and in order to authenticate the Accounts said before the House, called Sir James Cockburn, One of the Directors, who being sworn, acquainted the House, That he is One of the Committee for Accounts, and was present when the said Accounts were made up; that the said Committee was an open Committee; and that in making up the said Accounts, they have made a Deduction of 4 d. in the Pound on Teas from the Price they sold at in March last; and also have deducted 10 per Cent.on Piece Goods, from the Price they sold at in March last; and believes the said Accounts are faithfully made up. Being examined in relation to the Resolution came to by the General Court, not to divide more than 10 per Cent. till their simple Contract Debts, bearing Interest, were paid; says, That at a Court of Directors, the Chairman and Deputy Chairman were directed to wait upon Administration in relation to the Bill now depending; and that upon an Intimation from One of the Directors, that if such a Resolution was come to, and inserted in the Petition against the Bill, the Bill might possibly drop; the said Resolution was agreed to, and ordered to be inserted in the Petition. The Chairman and Deputy Chairman not contradicting that such an Intimation had been given, and that such Resolution was come into merely on that Account, no Advices having been received from Abroad to make such a Restraint necessary, the Company being in much better Circumstances this Year than the last.

He is directed to withdraw.

Then Mr. Thomas Shippey, Principal Clerk of the East India Company, was called in; and being sworn, was examined as to the Effect (fn. 1) the Act of last Year, requiring every Voter to have been in Possession of his Qualification for Six Months; and acquainted the House, That it had greatly lessened the Number of Voters usually made previous to every Election, and had also greatly reduced the Number of Proprieto's.

He is directed to withdraw.

Then Mr. George Wombwell, One of the Directors, was called in; and being sworn and examined, gave the like Account as Sir James Cockburn.

He is directed to withdraw.

Then Mr. John Manship, a Director, was called in and sworn; and being examined in relation to the Accounts laid before the House, said, He is of Opinion, That the Deductions from the Prices of Teas and Piece Goods are too much; and that it was his Opinion, that 2 d. in the Pound on Teas, and 5 per Cent. on Piece Goods, would have been a sufficient Deduction; and that there are several other Articles in the Accounts which he thinks are underated in Favour of the Company; and being also examined in relation to the Resolution of the Company, inserted in the Petition, gave the like Account as the last Witness.

He is directed to withdraw.

Then Mr. Peregrine Cust, a Member of the House of Commons, was called in and sworn; and being examined in relation to the said Resolution, gave the like Account as the last Witness. Being asked, if it was his Opinion, that the inferring the Resolution in the Petition would bind the Proprietors to abide by such a Resolution, in case the Bill should drop. said, No; but thinks the Proprietors would not attempt to increase the Dividend after such a Resolution, as they must be certain that Parliament would rescind any Resolution of an Increase of Dividend; and the present Proprietors being Men of the greatest Property in this Kingdom, such an Event is very unlikely to happen.

He is directed to withdraw.

Then Mr. Rous, the Chairman of the Court of Directors of the East India Company, was called in; and, being sworn and examined in relation to what passed at the Time he and the Deputy Chairman waited upon Administration, by Order of the Court of Directors, acquainted the House, That he and the Deputy Chairman waited on the Duke of Grafton and Lord North on the Monday previous to the Resolution of the Court of Proprietors in relation to the Bill now depending; that, previous to any Conversation, his Grace told him, he was not acquainted with the Sentiments of the King's Servants, and that he should converse with him upon this Bill, not as a Minister but as a Member of Parliament; that the Tenor of the Conversation turned rather upon Modes that would not do, than upon Modes that would; that his Graces said, he was not tenacious of the Bill, if any other Method could be found out to answer as effectually the Intention of it, but his Grace made no Promise whatsoever; that, upon his Return, he declared he had no Authority to say that if the Resolution was agreed to and inserted in the Petition, the Bill would drop; but, from the Conversation he had with his Grace, he had Reason to think it might. Being asked his Opinion relating to the Accounts laid before the House, said, He believed they were very fair Accounts, and that they were made up by an open Committee of Accounts, and were passed in a regular Manner; but since the making of them up, he has discovered that the last Quarterly Account of the Exportation and Consumption of Tea is considerably less than it has been for some Years past; the Decrease in the Exportation he imputed to the present Troubles in America; that though since the lowering of the Duties on Teas in Ireland,greater Quantities have been sent there, yet that does not balance the Decrease in the Exportation; that in September last he was, by Order of the Directors, directed to apply to the Lords of His Majesty's Treasury, to desire that the Payment of the Duties on Teas then due, might be protracted; which he accordingly did, and the same was granted. Being asked the Nature of India Bills of Exchange, said, Those Bills were drawn upon the Company here for Money paid into their Treasury in India; and that though this Method was attended with great Inconveniencies to the Company, yet they did not chuse to put a Stop to it, as the Money would then be remitted by Foreign Ships which would be very injurious to the Company and the Nation in general. Being asked, if it is common to make a Dividend by a Cash Account, said, No. Being asked, if the Company did not borrow 100,000 of the Bank to pay the Midsummer Dividend, said, Yes. Being asked, if the first Payment due to Government on the Agreement had been paid, said, No. Being asked, if the Act that passed last Year relating to Dividends, had not made it impossible to declare any Increase of Dividend, unless the Byelaw relating to such Declaration was annulled, said, Yes. Being asked, if the Resolution agreed to intended to restrain the making an Increase of Dividend, or the declaring the making of an Increase of Dividend, said, He could not tell; but understood no Declaration of an Increase of Dividend was to take place till the simple Contract Debts bearing Interest were paid. Being asked, if it would not be very unjust if the Territorial Revenues of the Company should be taken from them when the Agreement with the Government is concluded, said, It would, as the Company had been at the Expence of above 5,000,000,l.; but he had no Apprehension that they would. Being asked, if the Company could not, at Michaelmas next, with greater Certainty determine what Dividend to make at Christmas next, said, Yes.

He is directed to withdraw.

Then Mr. Impey, the other Counsel for the Petitioners, was heard to observe upon the Evidence.

The Counsel were directed to withdraw.

Ordered, That the further Consideration o this Bill be adjourned till Tomorrow, and that the Lords be summoned.

Causes put off.

Ordered, That the Cause which stands appointed for Tomorrow, be put off to Friday next; and that the Cause which stands for Friday next, be put off to Monday next; and that the Rest of the Causes on Cause Days be removed in Course.

Transportation of Offenders Bill.

Ordered, That the Bill, intituled, An Act for the more speedy and effectual Transportation of Offenders, be printed.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

DIE Jovis, 4o Februarii, 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Londin. Dux Gloucester. Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Duresm. Dux Cumberland. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Winton. Ds. Camden, Cancellarius. Ds. Botetourt.
Epus. Eliens. Comes Gower,Praeses. Ds. Willoughby Br.
Epus. Bath & Wells. Dux Richmond. Ds. Willoughby Par.
Epus. Litch & Cov. Dux Grafton. Ds. Berkeley Str.
Epus. Cestrien. Dux Bolton. Ds. Delamer.
Epus. Wigorn. Dux Bedford. Ds. Cathcart.
Epus. Cicettrien. Dux Gordon. Ds. Trevor.
Epus. Asaphen. Dux Atboll. Ds. Masham.
Epus. Landav. Dux Ancaster, Magnus Camerarius. Ds. Bathurst.
Epus. Lincoln. Dux Kingston. Ds. Cadogan.
Epus. Bristol Dux Portland. Ds. Ducie.
Epus. Exon. Dux Manchester. Ds. King.
Epus. Petriburg. Dux Bridgewater. Ds. Monson.
Epus. Oxon. Dux Montagu. Ds. Godolphin.
Epus. Meneven. March. Rockingham. Ds. Montfort.
Comes Talbot,Senescallus. Ds. Edgecumbe.
Comes Huntingdon. Ds. Sandys.
Comes Suffolk. Ds. Fortescue.
Comes Exeter. Ds. Ravensworth.
Comes Denbigh. Ds. Ponsonby.
Comes Westmorland. Ds. Vere.
Comes Peterborow. Ds. Hyde.
Comes Winchelsea. Ds. Mansfield.
Comes Sandwich. Ds. Lyttelton.
Comes Essex. Ds. Sondes.
Comes Doncaster. Ds. Boston.
Comes Shaftesbury. Ds. Lovell & Holland.
Comes Litchfield. Ds. Beaulieu.
Comes Abingdon. Ds. Sundridge.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Eglintoune.
Comes Strathmore.
Comes Abercorn.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Harrington.
Comes Brooke.
Comes Buckinghamshire.
Comes Powis.
Comes Temple.
Comes Harcourt.
Comes Cornwallis.
Comes Hardwicke.
Comes Delawar.
Comes Radnor.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Courtenay.

PRAYERS.

Hotham En closure Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Pastures, within the Township of Hotham, in the East Riding of the County of rork.

The Question was put, Whether this Bill shalll pass?

It was resolved in the Affirmative.

Hodie 3a vice lecta est Billa, intituled, An Act for making and maintaining a Navigable Cut or Canal from Birmingham to Bilstone, and from thence to Autherley, there to communicate with the Canal now making between the Rivers Severn and Trent, and for making collateral Cuts up to several Coal Mines.

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 Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Montague and Mr. Cudden:

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

Maidstone to Tubbs Lake, Road Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Thirty-third Year of the Reign of His late Majesty, for repairing the Road from the Thirty-nine Mile Stone in Maidstone to Tubbs Lake in the Parish of Cranbrooke in the County of Kent:

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

Ld. President. L. Bp. London. L. Botetourt.
D. Richmond. L. Bp. Durham. L. Willough by Par.
D. Bolton. L. Bp. Litch. & Cov. L. Delamer.
D. Athol. L. Bp. Cbefter. L. Cathcart.
D. Portland. L. Bp. Landaff. L. Masham.
E. Huntingdon. L. Ducie.
E. Suffolk. L. Sandys.
E. Denbigh. L. Ravensworth.
E. Wejlmorland. L. Boston.
E. Winchelsea. L. Lovel & Holland.
E. Sandwich.
E. Shaftesbury.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Effingham.
E. Radnor.
V. Weymouth.
V. Courtenay.

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

Stephen & Bailley against Gibson.

Upon reading the Petition of Thomas Gibson Defendant, in Two Writs of Error depending in this House, wherein James Stephen and William Bailley are Plaintiffs; setting forth, That the said Writs of Error are brought merely for Delay, and therefore praying, That the same may be Nonpros'd, with such Colls as to the House shall seem meet:

It is Ordered, That the Petitioner do forthwith enter a Nonpros. on the said Two Writs of Error, as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgments given by that Court, as if no such Writs of Error had been brought into this House; and further, that the Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds each for their Costs, by reason of the Delay of the Execution of the said Judgments.

Spottiswoode to enter into Recognizance on Dairyple's Appeal;

The House being moved, That John Spottiswoode of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Charles Dalrymple Esquire, on Account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may eater into a Recognizance for the said Appellant, as desired.

and on Bruce's Appeal;

The House being moved, That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for Alexander Bruce Esquire, on Account of his Appeal depending in this House, he living in Scotland:

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

and on Honston's Appeal;

The House being moved, That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for Alexander Houston Esquire, on Account of his Appeal depending in this Houses he living in Scotland:

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

and on Clark's Appeal.

The House being moved, That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for John Clark, on Account of his Appeal depending in this House, he living in Scotland:

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

Witnesses to attend on Daly's Divorce Bill.

Ordered, That Christopher Campbell, Charles Kelly, Frances Dorcy, and Thomas Street, do attend this House on Thursday the nth Day of this instant February, in order to be examined as Witnesses upon the Second reading of the Bill, intituled, An Act to dissolve the Marriage of Charles Daly Esquire, with Anna Statia Daly his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.

Kilborn to take the Name of Burrowes, Bill.

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

With a Bill, intituled, An Act to enable Thomas Kilborn, and his Issue Male, to take and use the Surname of Burrowes, pursuant to the Will of John Burrowes Esquire, deceased: To which they desire, the Concurrence of this House.

Hardingstone to Old Stratford, Road Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from the Way Post, in the Parish of Hardings stone, in the County of Northampton, to Old Stratford in the said County: To which they desire the Concurrence of this House.

ConventryGaol Bill.

A Message was brought from the House of Commons, by Mr. (fn. 2) Archer and others:

With a Bill, intituled, An Act for rebuilding and enlarging the Common Gaol of the City and County of the City of Coventry; and for appointing a Place for the Custody of Prisoners in the mean Time: To which they desire the Concurrence of this House.

Millington Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Commons, and Wastes, within the Township of Millington, in the County of rork: To which they desire the Concurrence of this House.

Jenner to take the Name of Worge, Bill.

A Message was brought from the House of Commons, by Mr.Fuller and other:

With a Bill, intituled, An Act to enable Thomas Jenner, an Infant, and his Issue, to take and use the Surname of Worge only, pursuant to the Will of George Worge deceased: To wich they desire the Concurrence of this House.

Bridlington Enclosure Bill.

A Message was brought from the House of Commons, by Sir George Saville and other:

With a Bill, intituled, An Act for dividing and enclosing the several Open Fields, Lands, Grounds, Meadows, Pastures, Commons, and Wastes, within the Township of Bridlington, in the East Riding of the County of rork, and for extinguishing the Right of Common, or Average upon certain ancient Enclosures within the same Township: To which they desire the Concurrence of this House.

The said Six Bills were severally read the First Time.

East India Dividend Bill.

The Order of the Day being read for the further Consideration of the Bill, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends:

It was proposed to commit the said Bill.

Which being objected to;

After long Debate thereupon;

The Question was put, Whether this Bill shall be committed?

It was resolved in the Affirmative.

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

Ordered, That the House be put into a Committee upon the said Bill Tomorrow.

Adjourn.

Dominus Cancellarius declaravit prsens Parliament turn continuandum esse usque ad et in diem. Veneris, quintum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

DIE Veneris, 5o Februarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Londin. Ds. Camden, Cancellarius. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Cicestrien. Comes Gower, Prses. Ds. Botetourt.
Epus. Bangor. Dux Atboll Ds. Willoughby Par.
Epus. Petriburg. Dux Ancaster. Magnus Camerarius. Ds. Delamer.
Epus. Meneven. Dux Bridgewater. Ds. Cathcart.
Comes Winchilsea. Ds. Trevor.
Comes Shaftesbury. Ds. Masham.
Comes Litchfield. Ds. Bathurst.
Comes Abercorn. Ds. Cadogan.
Comes Marchmont. Ds. Ducie.
Comes Aylesford. Ds. Monfort.
Comes Waldegrave. Ds. Sandys.
Comes Harrington. Ds. Ravensworth.
Comes Radnor. Ds. Mansfield.
Viscount Weymouth. Ds. Boston.
Ds. Lovel & Holland.
Ds. Sundridge.

PRAYERS.

Lodge against Laurenson.

The Answer of Robert Laurenson, One of the Respondents to the Appeal of George Lodge Gentleman, was this Day brought in.

D. Bedford and Marchioness of Tavistock to grant Leases, Bill.

The Lord Botetourt reported from the Lords Committees, to whom the Bill, intituled, An Act to enable the Most Noble John Duke of Bedford, and the Most Honourable Elizabeth Marchioness of Tavistock, and the Survivor of them, and such Person or Persons as they, or the Survivor of them, shall by any Deed or Writing, or by his or her last Will and Testament, nominate or appoint to make Leases of the Real Estates late of the Most Honourable Francis Russell, called Marquis of Tavistock, deceased, 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.

Lemington Priors Enclosure Bill.

The Lord Botetourt 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, and Commonable Lands, on the South and West Parts of the River Learn, in the Manor and Parish of Lemington Priors, in the County of Warwick; was committed.

Crickley Hill, &c. Road Bill.

The Lord Botetourt also reported from the Lords Committees, to whom the Bill, intituled, An Act for continuing and enlarging the Powers of an Act, passed in the Twenty-fourth Year of the Reign of His late Majesty, intituled, An Act for repairing the Road from the Top of Crickley Hill, in the county of Gloucester, to Frog Mill, through the Towns of North Leach, Burford, and Witney, and Parishes of Hanborough and Bladon, to Campsfield, in the Parish of Kidlington, in the County of Oxford; and also the Road from Witney, through Eynsham, Cumner, and Botley, to the City of Oxford (except so much thereof as relates to the Road from, Witney through Eynsham, Cumner, and Botley, to the City of Oxford), and also for repairing and widening the Road from Campsfield to the Turnpike Road at or near Enslow Bridge, in the said County of Oxford, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Nedham et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Mr. Nedham 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 the settled Estate of William Nedham Esquire, in the Island of Jamaica, in Trustee, for the Purposes therein mentioned.

Petition of Lewis et al. to receive Appeal though out of Time.

A Petition of David Lewis Esquire, and others, was presented and read; setting forth, That on the 14th of July last, the Lord High Chancellor of Great Britain pronounced a Decree in a certain Cause, wherein James Burslem Clerk, and Sarah his Wife, were Complainants, and the Petitioners were Defendants; a Copy of which Decree the Petitioners obtained only in November last; that the Petitioners were advised to appeal to the House from the said Decree; but a Treaty of Accommodation between the Parties being set on foot, the Petitioners delayed presenting their Appeal till they had received an Answer, whether the Complainants would agree to such Compromise; which Answer was not received till after the Time limited by the Standing Order of the House for receiving Appeals was expired; and therefore praying their Lordships to dispense with the said Standing Order.

Whereupon, The Agents, on both Sides were called in; and heard at the Bar.

And being withdrawn:

Standing Order for presenting Appeals to be considered.

It was moved, That the Standing Order, No 55, relating to the Time limited for presenting Appeals, might be dispensed with.

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

Halifax Streets Paving Bill.

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

With a Bill, intituled, An Act to amend and render more effectual an Act, made in the Second Year of the Reign of His present Majesty, for supplying the Town of Halifax with Water; and for better paving, cleansing, and lighting the Streets and other Places there; and for removing all Nuisances, Encroachments, and Obstructions within the said Town, and preventing the like for the future: To which they desire the Concurrence of this House.

Newburgh Enclosure Bill.

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

With a Bill. intituled, An Act for dividing and enclosing the Common Fields, Meadow Grounds, Sheep Downs, Commons, Common Heaths, and other Waste Grounds in the In-Parish of Winsrith Newburgh in the County of Dorset . To which they desire the Concurrence of this House:

Sunderland to Durham, Road Bill.

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

With a Bill, intituled, An Act for enlarging and continuing the Term and Powers granted by an Act passed in the Twentieth Year of the Reign of His late Majesty, for repairing the Road from Sunderland near the Sea, to the City of Durham, in the County of Durham: To which they desire the Concurrence of this House;

The said Three Bills were read the First Time.

Fowler et al. against Boyter et al.

After hearing Counsel in Part, in the Cause wherein David Fowler and others are Appellants, and Andrew Boyter and others are Respondents:

It is Ordered, That the further hearing of the said Cause be adjourned till Monday next; and that the Cause which stands for Monday next, be put off till Wednesday next; and that the Rest of the Causes on Cause Days be removed in Course.

East India Dividend Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends.

After some Time, the House was resumed:

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

Joliffe, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of William Tuffnell Joliffe 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 Ia vice lecta est Billa, intituled, An Act to enable William Tuffnell Joliffe Esquire, Lord of the Manor of Barners otherwise Barnesbury in Islington, in the County of Middlesex, to grant Building Leases of the Demesne Lands thereof, and to rate and assess Fines on certain Copyhold Lands within the said Manor, for encouraging the Tenants to build thereon.

Bridlington Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Lands, Grounds, Meadows, Pastures, Commons, and Wastes, within the Township of Bridlington, in the East Riding of the County of York, and for extinguishing the Right of Common or Average, upon certain ancient Enclosures within the same Township.

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

Ld. President. L. Bp. London. L. Potetourt.
D. Atholl. L. Bp. Chichester. L. Willoughby Par.
D. Ancaster. L. Bp. Bangor. L. Delamer.
D. Bridgewater. L. Bp. St. Davids. L. Masham.
E. Winchilsea. L. Bathurst.
E. Shaftesbury. L. Ducie.
E. Litchfield. L. Sandys.
E. Abercorn. L. Ravensworth.
E. Marchmont. L. Boston.
E. Aylesford. L. Lovel & Hotland.
E. Waldegrave.
E. Harrington.
E. Radnor.
V. Weymouth.

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

Millington Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Commons, and Wastes, within the Township of Millington, in 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 same Place; and to adjourn as they please.

Coventry Gaol Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for rebuilding and enlarging the Common Gaol of the City and County of the City of Coventry, and for appointing a Place for the Custody of Prisoners in the mean Time.

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.

Davidson to enter into Recognisance on Brodie's Appeal.

The House being moved, That Henry Davidson Gentleman, may be permitted to enter into a Recognizance for Alexander Brodie Esquire, on Account of his Appeal depending in this House, he residing in Scotland:

It is Ordered, That the said Henry Davidson may enter into a Recognizance for the said Appellant, as desire.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, octavum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus;

DIE Lunx, 8o Februarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius. Ds. Wycombe, Unus Primariorum Secretariorum.
Epus. Bath. & Wells. Comes Gower,Prses. Ds. Botetourt.
Epus. Roffen. Dux Richmond. Ds. Willoughby Par.
Epus. Litch. &Cov. Dux Grafton. Ds. Delamer.
Epus.igorn. Dux Bolton. Ds. Cathcart.
Epus. Lincoln. Dux Gordon. Ds. Ducie.
Epus. Exon. Dux Atholl Ds. King.
Epus. Petriburg. Dux Ancaster, Magnus Camerarius. Ds. Monson.
Epus. Oxon. Dux Portland. Ds. Sandys.
Epus. Meneven. Dux Chandos. Ds. Ravensworth.
Dux Northumberland. Ds. Mansfield.
March. Rockingham. Ds. Lyttelton.
Comes Suffolk. Ds. Boston.
Comes Westmorland. Ds. Lovel & Holland.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Heldernosse.
Comes Coventry.
Comes Cholmondeley.
Comes Eglintoune.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Strathmore.
Comes Dartmouth.
Comes Ayesford.
Comes Macclesfield.
Comes Temple.
Comes Hardwicke.
Comes Delawar.
Viscount Weymouth.

PRAYERS.

Standing Order on presenting Appeals dispensed with.

The Order of the Day was read, for taking into Consideration the Motion made on Friday last, for dispensing with the Standing Order, No 55, relating to the Time limited for receiving Appeals; and Consideration being had thereof, and also of the Petition of David Lewis Esquire, and others, praying Leave to present their Appeal, notwithstanding the said Standing Order:

Ordered, That the said Standing Order be dipensed with in this Case.

Lewis et al. against Burslem et Ux.

Whereupon, Upon reading the Petition and Appeal of David Lewis Esquire, Benjamin Palmer Esquire, and Henry Greswold Lewis an Infant, by the said David Lewis his Father and Guardian, complaining of a Decree or Order of the Court of Chancery of the 14th Day of July 1767; and praying, That the same may be reversed, and that a Decree of the same Court of the 9th of July 1765, may be affirmed; and that the Appellants may have Rich other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Burslem and Sarah his Wife, may be required to answer the said Appeal:

It is Ordered, That the said James Burstem and Sarah his Wife, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Monday the 22d Day of this instant February.

Message from H. C. to return Bridge's Exemplification Bill.

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

To return the Bill, intituled, An Act for exemplifying or enrolling an Indenture of Settlement of Elizabeth Bridges, and the Will and Codicils of Booke Bridges Esquire, and making the same Evidence as well in Ireland as Great Britain; and to acquaint this House, that they have agreed to the same without any Amendment.

Coventry Gaol Bull.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for rebuilding and enlarging the Common Gaol of the City and County of the City of Coventry, and for appointing a Place for the Custody of Prisoners in the mean Time; 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:

Billing borough Enclosure Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, within the Parishes of Billingborough and Birthorpe, in the County of Lincoln; and for draining and improving the said Fen; was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true 5 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.

East India Dividend Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for further regulating the Proceedings of the United Company of Merchants of England trading to the East Indies, with respect to the making of Dividends.

The Question was put, Whether this Bill shall pass ?

It was resolved in the Affirmative.

DISSENTIENT.

1st, Because, this Bill is an Exertion of the supreme Power of Parliament, equally unnecessary and dangerous, after having had the most mortifying Experience of the pernicious Operation of a like Restriction last Year, which increased the very Mischief it was intended to remedy; at a Time too, when the Circumstances of the Company are clear beyond a Doubt, and their Opulence verified beyond the most sanguine Expectation; no supposed Misconduct of the Company calling for the Interposition of Parliament, no rash and excessive Dividends declared, no Increase of Dividend even desired. On the contrary, the Company has restrained itself on Principles much more rational than those adopted by the Bill, as they have a Reference to their Circumstances, and not to a fixed Period of Time marked by an arbitrary Resolution. We cannot therefore avoid considering this Bill as a mere Act of Power, without a Colour of Delinquency. on the Part of the Company, or of Necessity on the Part of the Public.

2dly, Because it appears to us, That this Bill is an high Violation of the National Faith, taking away, without any judicial Process, or even any criminal Charge, that Power of declaring Dividends, which the Company purchased of the Public for a valuable Consideration.

3dly, Because it appears to us altogether unaccountable to pass in One Year an Act for regulating the Modes and Conditions of declaring Dividends by the Company, and in the very next Year to prohibit the Exercise of those very Powers so regulated: This Act is now in full Force; no Defect in it has been stated; no Amendment has been proposed; no Infraction has been pretended: This Law, made expressly to regulate the Method of declaring Dividends, does of Necessity imply the Exercise of that Right under the Conditions therein prescribed, which cannot be taken from the East India Company, without the most signal Disgrace to the Wisdom and good Faith of the Legislature, and the Subversion of every Principle of legal Government.

4thly, Because it appears to us, that to restrain the Subject in the Disposition of his own Property, without any other Pretence than the mere Possibility of Abuse (this Bill having been chiefly defended on that Ground), is a Principle hitherto unheard of in any free Country, and most alarming to all the trading and monied Interest of this Kingdom. It goes to the subjecting to the same Restraint, on the same loose Reasons, every great Company, as well as every public or private Stock, which may become of Magnitude sufficient to tempt, in future Times, the Avarice of an impoverished Treasury and a rapacious Administration; since no Degree of Innocence can be a Security against such Suspicion of a possible Fraud, and such a Suspicion may be made a Ground of continuing an arbitrary Restraint, until the Subject shall consent to ransom his Property on such Terms as shall be prescribed to him.

5thly, Because this annual Restraint tends to establish a perpetual Interposition of Parliament in declaring Dividends for this Company, and indeed for all Companies whatsoever, to the Increase of that most dangerous and infamous Part of Stockjobbing, which is carried on by clandestine Intelligence, and to the vesting of it in the worst of all Hands, those of Administration; for a Minister who shall hereafter acquire in Parliament (by whatever Means) sufficient Influence for the Purpose, may, by his Power of increasing, diminishing, or with-holding Dividends at his Pleasure, have all the Stockholders in these Companies (a Body extremely considerable for Wealth and Numbers) entirely at his Mercy, and probably at his Disposal, to the infinite Increase of the already overgrown, and almost irresistible Influence of the Crown.

6thly, Because we apprehend that this unprecedented Practice of declaring Dividends in Parliament may become a more alarming Mode of undue Influence on the Members themselves, than any of those which have hitherto so frequently excited the Jealousy of the Legislature, since it furnishes a Fund of Corruption far greater than any hitherto known; a Fund, in its Nature inexhaustible, of the greatest Facility in the Application, and quite out of the Reach of all Discovery and Prosecution. We think the Principle of this Bill the first Step towards the Introduction of such a new System of Corruption, and have therefore resisted it, left the Constitution should become totally perverted from the Ends for which it was originally established, and be no longer venerated by this Nation, as giving Security to Liberty and Property, and Protection to the Subject from all Violence and Injustice on the Part of Government.

Winchelsea & Nottingham. King.
Dartmouth. Portland.
Ponsonby. Rockingham;
Richmond. Monson.
Lyttelton;
Temple.
Fred. Exon.

Message to H. C. that the Lords have, agreed to the Bill.

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

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

Fowler & Millar against Boyter et al.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of David Fowler late Baillie of the Borough of Kilkenny, and James Millar, Counsellor of the said Borough, complaining of Two Interlocutors of the Lords of Session in Scotland of the 28th of January and 5th of March 1767; and praying, That the same might be reversed, varied, or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, (fn. 3) shall seem meet; as also upon the Answer of Andrew Boyter, Andrew Reid, and others, the Magistrates and Town Counsellors of the Borough of Kilkenny, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Cause put off.

Ordered, That the Cause wherein William Brown is Appellant, and Richard Fowler is Respondent, which stands appointed to be heard this Day ex pares, be adjourned till Tomorrow:

D. Bedford and Marchioness of Tavistock to grant Leases, Bill.

Hodie 3a vice lecta est Billa, intituled, An Act to enable the most Noble John Duke of Bedford, and the most Honourable Elizabeth Marchioness of Tavistock, and the Survivor of them, and such Person or Persons as they, or the Survivor of them, shall, by any Deed or Writing, or by his or her last Will and Testament, nominate or appoint, to make Leases of the Real Estates late of the most Honourable Francis Russell, called Marquis of Tavistock, 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. Pechell and Mr. Montague:

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

Milling on Enclosure Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Commons, and Wastes, within the Township of Millington, 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.

Bridlington Enclosure Bill.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, Act Act for dividing and enclosing the several Open Fields, Lands, Grounds, Meadows, Pastures Commons, and Wastes, within the Township of Bridlington, in the East Riding of the County of York; and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the same Township, was committed.

Jennei to take the Name of Worge, Bi11.

Hodie 2a vice lecta est Billa, intituled, An Act to enable Thomas Jenner, an Infant, and his Issue, to take and use the Surname of Worge only, pursuant to the Will of George Worge deceased.

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

Ld President. L. Bp. Durham L. Botetourt.
D. Richmond. L. Bp Litch. &Cov. L. Willoughby Par.
D. Grafton. L. Bp. Worcester. L. Delamer.
D. Atholl. L. Bp Exeter. L. Cathcart.
M. Rockingham. L. Ducie.
E. Suffolk. L. Sandys.
E. Westmorland. L. Lyttelton.
E. Winchelsea. L. Boston.
E. Litchfield.
E. Eglingtoun.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Aylesford.

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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 9o Februarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Cestrien. Ds. Camden, Cancellarius. Ds. Willoughby Par.
Epus. Meneven. Comes Gower, Prses. Ds. Delamer.
Dux Richmond. Ds. Monson.
March. Rockingham. Ds. Sandys.
Comes Winchelsea. Ds. Ravensworth.
Comes Litchfield. Ds. Ponsonby.
Comes Holdernesse. Ds. Mansfield.
Comes Abercorn. Ds. Milton.
Comes Marchmont.
Comes Dartmouth.
Comes Radnor.

PRAYERS:

Brown against Fowler ex parte.

This Day being appointed for hearing One Counsel upon the Petition and Appeal of William Brown Land Labourer of Kilkenny, complaining of an Interlocutor of the Court of Session in Scotland of the 14th of February 1767; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet:

The Counsel was accordingly called in; and he was heard to state and argue the Case on Behalf of the Appellant; and having prayed a Reversal of the Interlocutor complained of,

He was ordered to withdraw.

And due Consideration being had of what was offered:

Interlocutors affirmed.

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

Lyall against Skene and Miln:

After hearing Counsel upon the Petition and Appeal of Alexander Lyall younger of Garden, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of January last; and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of George Skene and William Milne, put in to the the said Appeal; and due Consideration had of what was offered by the Counsel for the Appellant:

Declaration made, and Interlocutor dismissed, with Costs.

It is Declared by the Lords Spiritual and Temporal, in Parliament assembled, That Usage may be very material upon the Question in this Cause; but that the Appellant ought to have been prepared, or shewn a satisfactory Reason why he could not be prepared to lay Instances of such Usage then before the Court:

It is therefore Ordered and adjudged, That the said Petition and Appeal be, and the same is hereby dismissed this House; and it is hereby further ordered, that the Appellant do pay, or cause to be paid, to the Respondents the Sum of Thirty Pounds for their Costs in respect of the said Appeal.

Anderson against Skene and Douglas.

After hearing Counsel upon the Petition and Appeal of James Anderson Advocate, complaining of an Interlocutor of the Lords of Session in Scotland of the 14th Day of January last; and praying, That the same might be reversed, or that the Appellant might have such Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of George Skene and William Douglas, put in to the said Appeal; and due Consideration had of what had been offered by the Counsel for the Appellant:

Declaration made, and Appeal dismissed, with Costs.

It is Declared, by the Lords Spiritual and Temporal, in Parliament assembled, That Usage may be very material upon the Question in this Cause; but that the Appellant ought to have been prepared, or shewn a satisfactory Reason why he could not be prepared to lay Instances of such Usage then before the Court:

It is therefore Ordered and adjudged, That the said Petition and Appeal be, and is hereby dismissed this House; and it is hereby further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Thirty Pounds for their Costs in respect of the said Appeal.

Coventry Gaol Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for rebuilding and enlarging the Common Gaol of the City and County of the City of Coventry, and for appointing a Place for the Custody of Prisoners in the mean Time.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Lemington Priors Enclosure Bill

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and Commonable Lands on the South and West Parts of the River Learn, in the Manor and Parish of Lemington Priors in the County of Warwick.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative:

Crickle'y Hill; &c. Road Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for continuing and enlarging the Powers of an Act passed in the Twenty-fourth Year of the Reign of His late Majesty, intituled, An Act for repairing the Road from the Top of Crickley Hill, in the County of Gloucester, to Frog Mill, through the Towns of North Leach, Burford, and Witney, and Parishes of Hanborough and Bladon, to Campsfield in the Parish of Kidlington, in the County of Oxford; and also the Road from Witney through Eynsham; Cumner, and Botley, to the City of Oxford, except so much thereof as relates to the Road from Witney through Eynsham, Cumner, and Botley, to the City of Oxford; and also for repairing and widening the Road from Campsfield to the Turnpike Road at or near Enslow Bridge, in the said County of Oxford.'

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative:

Billing borough Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Meadows, and Common Fen, within the Parishes of Billing borough and Birthorpe in the County of Lincoln; and for draining and improving the said Fen.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative:

Millington Enclosure Bill.

Hodie 3avice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Commons, and Wastes, within the Township of Millington, in the County of York.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Bridlington Enclosure Bill

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Lands, Grounds, Meadows, Pastures, Commons, and Wastes, within the Township of Bridlington, in the East Riding of the County of York; and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township.

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. Pechell and Mr. Cudden:

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

Halifax Paving Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to amend and render more effectual an Act made in the Second Year of the Reign of His present Majesty, for supplying the Town of Halifax with Water, and for better paving, cleansing, and lighting, the Streets and other Places there; and for removing all Nuisances, Incroachments, and Obstructions, within the said Town, and preventing the like for the future.

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

Ld. President. L. Bp. Chesten. L. Willoughby Par.
D. Richmond. L. Bp. St: Davids. L. Delamer.
M: Rockingham. L. Monson.
E. Winchelsea. L. Sandys.
E. Litchfield. L. Ravensworth.
E. Abercorn. L.Ponsonby.
E. Marchmont:
E. Dartmouth'.
E. Radnor

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

Joliffe to grant Leases, Bill.

Hodie 2a vice lecta est Billa, intituled, An Act to enable William Tufnell Joliffe Esquire, Lord of the Manor of Barriers, otherwise Barnersbury, in Islington, in the County of Middlesex, to grant' Building Leases of the Demesne Lands thereto; and to rate and assess'Fines on certain Copyhold Lands within the said Manor, for encouraging the Tenants to build thereon.

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

Their Lordships, or any Five of them, to meet on Wednesday the 24th Day of this instant February, at the usual Time and Place 5 and to adjourn as they please.

Nedham's Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for vesting the settled Estate of William Nedham Esquire, in the Island of Jamaica, in Trustees, for the Purposes therein mentioned.

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

Their Lordships, or any Five of them, to meet on Wednesday the 24th Day of this instant February, at the usual Time and Place; and to adjourn as they please.

Sunderland to Durham, Road Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for enlarging and continuing the Term and Powers granted by an Act passed in the Twentieth Year of the Reign of His late Majesty, for repairing the Road from Sunderland; near the Sea, to the City of Durham in the County of Durham

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 5 and to adjourn as they please.

Kelton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Open Common Fields, Meadow Grounds, Heath, and Commonable Lands, in the Parish of Ketton in the County of Rutland," to which they desire the Concurrence of this House.

Hook Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Common Fields, Marshes, Waste Grounds, Commons, Carr, Pasture, and Moor, within the Manor of Hook in the Parish of Snaith in the County of York, and for maintaining the Banks within the said Manor and Township 5 to which they desire the Concurrence of this House.

Burton Joyce & Bluecoat Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, and Common Pastures, and other Commonable Lands, within the Parish and Liberties of Burton Joyce and Bulcote in the County of Nottingham; to which they desire the Concurrence of this House.

Morden Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Commons, Common Heaths, and Waste Grounds, in the Manor of Morden in the County of Dorset; to which they desire the Concurrence of this House.

Marine Mutiny 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 Majesty's Marine Forces while on Shore; to which they desire the Concurrence of this House.

The said Five Bills were read the First Time.

Winfrith Newburgh Enclosure Bill:

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, Meadow Grounds, Sheep Downs, Commons, Common Heaths, and other Waste Grounds in the In-Parish of Winfrith Newburg in the County of Dorset.

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.

Persons to be heard by Counsel against it.

Upon reading the Petition of the several Persons, whose Names are thereunto subscribed, taking notice of the said Bill, setting forth, That the Petitioners apprehend the said Bill is contrary to, the general Sense of the Persons interested therein; and will, if it should pass into a Law, be very injurious to the Petitioners; and therefore praying, That they may be heard by their Counsel against the said Bill, and that the same may not pass into a Law:

It is Ordered, That the said Petition be referred to the Consideration of the Committee to whom the said Bill stands referred, with Liberty for the Petitioners to be heard by their 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 added to the said Committee.

Hardingston to Old Stratford, Road Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for repairing and widening the Road from the Way Poll: in the Parish of Hardingston in the County of Northampton, to Old Stratford 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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Transportation of Offenders Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for the more speedy and effectual Transportation of Offenders.

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 Tomorrow.

Kilborn to take the Name of Burrowes.

Hodie 2a vice lecta est Billa, intituled, An Act to enable Thomas Kilborn, and his Issue Male, to take and use the Surname of Burrowes, pursuant to the Will of John Burrowes 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 Tomorrow, at the usual Time and Place; and to adjourn as they please.

Causes removed.

Ordered, That the cause which stands for Tomorrow be put off to Friday next; and that the Cause Which stands for Friday next, be put off to Monday next; and that the Rest of the Causes on Cause Days be removed in Course.

Respondents peremptorily to answer Douglas's Appeal.

The House being informed, That Dunbar Earl of Selkirk, Basil William Hamilton or Douglas his Son, Sir Robert Menzie of Weem Baronet, John Swinton Esquire of that Ilk, Advocate, and the Heirs and Representatives of the deceased John Earl of Hyndford, Respondents to the Appeal of Archibald Douglas ofDouglas Esquire, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of George Martin Writer in Edinburgh, of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

Die Mercurii, 10o Februarii 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Duresm. Ds. Camden, Cancellarius. Ds. Botetourt.
Epus. Cestrien. Comes Gower, Praeses. Ds. Willoughby Par.
Epus. Cicestrien. Dux Bolton. Ds. Delamer.
Epus. Asaphen. Dux Bedford. Ds. Cathcart.
Epus. Landav. Dux Chandos. Ds. Trevor.
Epus. Carliol. Dux Northumberland. Ds. Edgecumbe.
Epus. Exon. Comes Hertford, Camerariusi Ds. Sandys.
Epus. Meneven. Comes Suffolk. Ds. Hyde.
Comes Winchelsea. Ds. Lyttelton.
Comes Shaftesbury. Ds. Boston.
Comes Litchfield. Ds. Milton.
Comes Poulett.
Comes Cholmondeley.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Breadalbane.
Comes Marchmont.
Comes Aylesford.
Comes Macclesfield.
Comes Hardwicke.
Comes Radnor.
Comes Spencer.
Viscount Weymouth.

PRAYERS.

Fisher's Bill, Motion to dispense with Standing Order.

The House being moved, That the Standing Order of the House, N'126. concerning Bills for selling Lands in one Place, and buying Lands in another Place to be settled in lieu thereof, may be so far dipensed with as that the Committee to whom the Bill, intituled, An Act for vesting several undivided Parts of divers Baronies, Lands, and Hereditaments, late the Estate of Brice Fisher Esquire, deceased, situate in the Provinces of South Carolina and Georgia in America, in Trustees, to be sold discharged of the Uses of the Will of the said Brice Fisher; and for vesting the Money arising by such Sale in the Purchase of Lands and Hereditaments in that Part of Great Britain called England, to be settled to the Uses of the said Will," stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with:

It is Ordered, That the said Motion be taken into Consideration oh Friday next, and the Lords summoned.

Motion for inserting in the Journal obliterated Proceedings of the Impeachment of the E. of Strafford.

The House being moved, That the Lords SubCommittees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journals of this and the last Session of Parliament, be empowered to insert in the original Journal Book of the Year 1640, the several Sheets proved before them to contain the obliterated Proceedings of the Impeachment of the Earl of Strafford; which Proceedings it is Ordered and declared ought not nor shall be looked on as obliterated by the Order of the House, Die Martis, 5o July 1698, and which are distinguished in the Margin of the Journal, pursuant to the said Order:

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

Hardingston to Old Stratford Road Bill.

The Lord Delamer reported from the Lords Committees, to whom the Bill, intituled, An Act for repairing and widening the Road from the Way Post in the Parish of Hardingston, in the County of Northampton, to Old Stratford in the said County, Was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment.

Halifax Paying Bill.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, An Act: to amend and render more effectual an Act made in the Second Year of the Reign of His present Majesty, for supplying the Town of Halifax with Water, and for better paving, cleansing, and lighting the Streets and other Places there; and for removing all Nuisances, Encroachments, and Obstructions within the said Town, and preventing the like for the future, was committed.

Kiborn to take the Name of Burrowes, Bill.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to enable Thomas Kilborn, and his Issue Male, to take and use the Surname of Burrowes, pursuant to the Will of John Burrowes deceased, was committed.

Sunderland to Durham Road Bill.

The Lord Delamer made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for enlarging and continuing the Term and Powers granted by an Act, passed in the Twentieth Year of the Reign of His late Majesty, for repairing the Road from Sunderland near the Sea, to the City of Durham, in the County of Durham was committed.

Morden Enclosure Bill,

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Commons, Common Heaths, and Waste Grounds, in the Manor of Morden, in the County of Dorset.

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

Ld. President. L. Bp. Durham. L. Botetourt.
D. Bolton. L. Bp. Chestcr. L. Willoughby Par.
D. Bedford. L. Bp. Landaff. L. Delamer.
D. Northumberland. L. Bp. St. Davids. L. Cathcart.
E. Suffolk. L. Sandys.
E. Winchelsea. L. Hyde.
E. Shaftesbury. L. Boston.
E. Litchfield.
E. Poulett.
E. Morton.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Hardwicke.
E. Radnor.
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 Pees: and to adjourn as they please.

Ketton Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act, for dividing and enclosing the several Open Common Fields, Meadow Grounds, Heath, and Commonable Lands, in the Parish of Ketton, in the County of Rutland.

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.

Hook Enclosure Bill.

Hadie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Marishes, Waste Grounds, Commons, Carrs, Pasture; rind Moor, within the Manor of Hook, in the Parish of Snaith, in the County of York, and for maintaining the Banks within the said Manor and Township.

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.

Burton Joyce and Bulcote Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and other Commonable Lands, within the Parish and Liberties of Burton Joyce and Bulcote, 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 Thursday the 24th Day of this instant February, at the usual Time and Place; and to adjourn as they please.

Marine Mutiny Bill.

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

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 Tomorrow.

Transportation of Offenders Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the more speedy and effectual Transportation of Offenders.

After some Time, the House was resumed.

And the Lord Detainer reported from the Committee, That they had gone through the Bill, and made some Amendments thereto, which he was ready to report, when the House will please to receive the same.

Ordered, That the said Report be received Tomorrow.

Mr. Daly's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Charles Daly Esquire, with Anna Statia Daly his now Wife, and to enable him to marry again; and for other Purposes therein mentioned, which stands appointed for Tomorrow, be put off to Friday next; and that the several Persons .who were Ordered to attend that Day do then attend.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernentibus.

Footnotes

  • 1. Deest in original.
  • 2. Origin. Archy.
  • 3. Sic Origin.