House of Lords Journal Volume 34: February 1776, 21-29

Die Jovis, 22^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bouchier and Denison against Taylor.

The Answer of Hannah Taylor to the Appeal of William Bouchier Doctor of Physic, and William Denison Doctor in Divinity, was this Day brought in.

Sir Edward Haless Estate Bill.

The Earl of Marchmont reported from the Lords Committees, to whom the Bill, intituled, An Act for Vesting certain Leasehold Pieces of Ground in the Parish of Saint George, Hanover Square, in the County of Middlesex, together with a Capital Messuage built on Part thereof, devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Consideration Money in such Manner as the Court of Chancery shall direct, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto:

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

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

Lady Hollands Estate Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for Vesting the Advowson of the Rectory of Pewsey, in the County of Wilts, (Part of the Estate comprized in the Marriage Settlement of Stephen late Lord Holland deceased), in Trustees, and their Heirs, in Trust, to be sold; and for laying out the Money to arise thereby in finishing and compleating a Mansion House at Winterslow, in the same County, was committed: That they had considered the, said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Sir Edward Hales Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for Vesting certain Leasehold Pieces of Ground in the Parish of Saint George Hanover Square, in the County of Middlesex, together with a Capital Messuage built on Part thereof, devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Consideration Money in such Manner as in the Act is mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Lady Hollands Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for Vesting the Advowson of the Rectory of Pewsey, in the County of Wilts, (Part of the Estate comprized in the Marriage Settlement of Stephen late Lord Holland deceased), in Trustees, and their Heirs, in Trust, to be sold; and for laying out the Money to arise thereby in finishing and compleating a Mansion House at Winterslow, in the same County.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H. C with the Two preceding Bill.

And Messages were, severally, sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

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

Marshall et al. Lave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Rosamond Marshall Widow, 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 I^a vice lecta est Billa, intituled, An Act for empowering Richard Hoare Esquire, the surviving Trustee named in the Will of Mary Arnold, his Heirs, Executors, Administrators, or Assigns, to make Sale of a certain Copyhold Messuage or Tenement at Hampstead, in the County of Middlesex, with the Appurtenances, and the Household Goods and Furniture thereunto belonging, vested in him by the said Will, upon certain Trusts therein expressed; and to invest the Money to arise by such Sale in the Purchase of Lands or Tenements to. be settled in like Manner.

Horsham, &c. Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for continuing the Term, and enlarging the Powers, of an Act, made in the Twenty-eighth Year of the Reign of His late Majesty, for widening and repairing the Road leading from Horsham, in the County of Sussex, through Capell, Dorking, Mickleham, and Leatherhead, to the Watch. house in Ebbisham, in the County of Surrey; and from Capell to Stone Street, in the Parish of Ockley, in the said County of Surrey, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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.

Duches. of Kingstons Trial, Report of Committee.

The Lord Viscount Dudley and Ward reported from the Lords Committees appointed to consider of the proper Methods of Proceeding in order to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), upon the Indictment sound against her; That the Committee had met, and inspected Precedents in the Journals of this House upon former Trials of Peers in Capital Cases, and had come to the following Resolutions; (videlicet),

1. That it is the Opinion of this Committee, That the Lord Great Chamberlain be desired to give Order, that His Majestys Surveyor General do prepare Seats in Westminster Hall, at the said Trial, for the same Number of Persons, and in the same Manner, as at the Trial of William Lord Byron, in the Year 1765.

2. That it is the Opinion of this Committee, That on the Day appointed for the said Trial, every Peer who hath a Right to sit and vote in Parliament do appear at, and attend such Trial; and that the whole Body of the House of Peers do meet here in their Robes, at Ten of the Clock in the Forenoon; and that their Lordships do go down into Westminster Hall in their Robes, in Order, to the said Trial.

3. That every Day during the Trial, the Names of the Lords be called over before they go down into Westminster Hall to the said Trial; and that the Names of the absent Lords be set down by the Clerk of this House.

4. That the same Order be observed in going down into Westminster Hall, as was in going thither on the 16th of April 1765, to the Trial of William Lord Byron; and that Minor Peers do walk in the Procession immediately after the Peers eldest Sons.

5. That the Lord High Steward do acquaint the Peeress to be tried, and all other Persons who may have Occasion to speak to the Court, that they address themselves to the Lords in general, and not to the Lord High Steward.

6. That the Lords do keep their Places in the Court in Westminster Hall during the said Trial.

7. That in case the said Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), should plead Guilty to her Indictment, the House be immediately adjourned to the Chamber of Parliament.

8. That every Peer, when he gives his Judgement, shall declare his Opinion upon his Honour, laying his Right Hand upon his Breast.

9. That the Lord Great Chamberlain be desired to take Care, and give Order, that the Two First Benches on each Side of the Court in Westminster Hall be kept for Peeresses, the Wives of eldest Sons of Peers, and Peers Daughters only.

10. That the Clerk of the Crown in His Majestys Court of Kings Bench, or his Deputy, do attend to assist the Clerks of this House during the said Trial.

11. That all Proclamations to be made in the Court in Westminster Hall during the said Trial, be made in the Kings Name.

12. That each Lord of this House, who hath personally appeared in this Session, or shall personally appear in this House, before the Trial of the said Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), shall have Seven Tickets delivered to him by the Lord Great Chamberlains Servants, if he shall personally come for them to the Princes Lodgings, near the House of Peers; and if any Lord desires Tickets for any other Lord, they are to be delivered, if Two Lords do say, such Lord they believe will personally appear before the said Trial.

13. That the Lord Great Chamberlain be directed to prepare Eleven hundred and ninety Tickets for the Lords at the said Trial, and no more, without further Order.

14. That no Person whatsoever shall be admitted to be present in the Court at the said Trial, but those who have a Right to be there; and that the Lord Great Chamberlain do give Order, and the Officers of this House do take special Care, that this Order be observed accordingly.

15. That, during the said Trial, the Avenues to this House be guarded, and Care taken that none be admitted but Lords Servants, and the necessary Attendants of this House.

16. That all the Constables of Westminster be required to attend at the Palace Yard in Westminster, during the said Trial, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away through the Old Palace Yard, and so to Abingdon Street, and from thence, so that they cannot by any Way return through Parliament Street or King Street, until Seven of the Clock in the Afternoon.

17. That on the Day appointed for the said Trial, and during the Continuance thereof, the Doors for Entrance into the Seats provided in Westminster Hall for the Lords Tickets, be kept by the Door Keepers of this House, who are, at their Peril, to let none in but such as bring their Tickets with them; and that the said Door Keepers do take Care that the Places appropriated for the Peeresses, the Wives of eldest Sons of Peers, and Peers Daughters, be kept for them; and that Two Door Keepers do attend at each Door; and if the present Number of Door Keepers is not sufficient for this Service, that the Gentleman Usher of the Black Rod do appoint a sufficient Number of Assistants for that Purpose; and that the said Doors be not opened for the Admittance of any Person whatsoever into the said Seats, before Seven of the Clock in the Morning.

The Committee beg Leave to observe, that they thought it unnecessary to come to any Resolution for the Call of the House on a particular Day previous to the said Trial, as the Lord Chancellor hath already written Letters to all the Lords, by Order of the House, requiring their Attendance.

The said Report was read by the Clerk entire.

The First Resolution was again read by the Clerk.

The Question was put, Whether to agree with the Committee in the said Resolution?

It was resolved in the Affirmative. Ordered accordingly.

Then the Three next Resolutions being, severally, read a Second Time by the Clerk, were agreed to by the House; and ordered accordingly.

Then the Fifth Resolution, being read a Second Time by the Clerk,

It was proposed, To leave out the Word [Peeress], and to insert [Elizabeth calling herself Duchess Dowager of Kingston] instead thereof; and the same was agreed to.

Then the said Resolution, as amended, was read, as follows:

That the Lord High Steward do acquaint Elizabeth calling herself Duchess Dowager of Kingston to be tried, and all other Persons who may have Occasion to speak to the Court, that they address themselves to the Lords in general, and not to the Lord High Steward.

Ordered accordingly.

Then the Three next Resolutions being, severally, read a Second Time by the Clerk, were agreed to by the House; and ordered accordingly.

Then the Ninth Resolution being read a Second Time by the Clerk,

It was proposed, After the Word [Wives], to insert [and the Widows], and after [of], to insert [the]; and the same was agreed to.

Then the said Resolution, as amended, was read, as follows:

That the Lord Great Chamberlain be desired to take Care and give Order, That the Two First Benches on each Side of the Court in Westminster Hall, be kept for Peeresses, the Wives and Widows of the eldest Sons of Peers, and Peers Daughters only.

Ordered accordingly.

Then the Seven next Resolutions being, severally, read a Second Time by the Clerk, were agreed to by the House; and ordered accordingly.

Then the last Resolution, being read a Second Time, was (with the like Amendments as made to the Ninth Resolution) agreed to by the House; and ordered accordingly.

After by and Goulceby Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Afterby and Goulceby, in the County of Lincoln; to which they desire the Concurrence of this House.

Doncaster, &c Road Bill.

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

With a Bill, intituled, An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road which leads from Bawtry to Retford, in the Counties of York and Nottingham; to which they desire the Concurrence of this House.

Leigh Enclosure Bill.

A Message was brought from the House of Commons, by Sir Charles Cocks and others:

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract of Common and Waste Land, called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh other wise Ley, in the County of Worcester; to which they desire the Concurrence of this House.

Salted Provisions and Cattle, Importation of, Bill.

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

With a Bill, intituled, An Act for making perpetual so much of an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time, as relates to the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the free Importation of Cattle from Ireland; to which they desire the Concurrence of this House.

Warning ton Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Field, and other Commonable Lands and Grounds lying within the Parish and Liberties of Warmington, in the County of Warwick; to which they desire the Concurrence of this House.

Wolff and Heckers Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Charles Godfrey Wolff and John Adam Hecker; to which they desire the Concurrence of this House.

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

E. Radnors Pedigree delivered:

Garter King at Arms, delivered in at the Table the Pedigree of Jacob Earl of Radnor, pursuant to the Standing Order.

Takes his Seat.

This Day Jacob Earl of Radnor sat First in Parliament after the Death of his Father William Earl of Radnor; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Sir Francis Blake against Coutts and Hunter:

Upon reading the Petition of Sir Francis Blake, Appellant in a Cause depending in this House, to which James Coutts, Esquire, and John Hunter, are Respondents, which Hands appointed for Hearing; setting forth, That the Matters in Dispute between the Parties are under Compromise; and therefore praying their Lordships, That he may be at Liberty to withdraw his Appeal, the Agent for the said Respondents having signed the said Petition, as consenting thereto:

Appeal withdraw

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

Adjourn.

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

Die Veneris, 23^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Gray and M Dowall against Annand et al.

After bearing Counsel in Part, in the Cause wherein Alexander Gray Writer to the Signet, and John M Dowall Merchant in Glasgow, are Appellants, and Messieurs Annand and Colquhoun, and their Assignees and Attorney, are Respondents:

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

Salted Provisions and Cattle, Importation of, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for making perpetual so much of an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act: to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time, as relates to the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the free Importation of Cattle from Ireland

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

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

Horsham, &c Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act: for continuing the Term, and enlarging the Powers of an Act, made in the Twenty-eighth Year of the Reign of His late Majesty, for widening and repairing the Road leading from Horsham, in the County of Sussex, through Capell, Dorking, Mickleham, and Leather head, to the Watch-house in Ebbisham, in the County of Surrey; and from Capell to Stone Street, in the Parish of Ockley, in the said County of Surrey

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. Browning:

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

Leigh Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act: for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract: of Common and Waste Land, called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh otherwise Ley, in the County of Worcester

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

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

Marshalls Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act: for empowering Richard Hoare Esquire, the surviving Trustee named in the Will of Mary Arnold, his Heirs, Executors, Administrators, or Assigns, to make Sale of a certain Copyhold Messuage or Tenement at Hampstead, in the County of Middlesex, with the Appurtenances, and the Household Goods and Furniture thereunto belonging, vested in him by the said Will, upon certain Trusts therein expressed; and to invert the Money to arise by such Sale in the Purchase of Lands or Tenements to be settled in like Manner.

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

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

Afterby and Goulceby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Afterby and Goulceby, in the County of Lincoln.

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

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

Doncaster, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road which leads from Bawtry to Retford, in the Counties of York and Nottingham.

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

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

Cost and Lothian against Carron Company:

Upon reading the Petition of Peregrine Cost Esquire, and David Lothian Writer in Edinburgh, Appellants in a Cause depending in this House, to which the Carron Company in Scotland are Respondents, and which stands appointed for hearing; setting forth, That all Matters in Dispute between the Parties in this Cause are compromised; and therefore praying their Lordships, That they may be at Liberty to withdraw their Appeal, the Agent for the said Respondents having signed the said Petition, as consenting thereto:

Appeal withdrawn.

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

Causes put off.

Ordered, That the Hearing of the Cause, wherein Richard Lee Esquire is Appellant, and the Right Honourable George Lord Vernon is Respondent, which stands appointed for Wednesday next, be put off to Wednesday the 6th of March next.

Ordered, That the Hearing of the Cause, wherein Sir John Eden Baronet, and others, are Appellants, and the Right Honourable John Earl of Bute, and others, are Respondents, which stands appointed for Friday next, be put off to Friday the 8th of March next.

Ordered, That the Cause, wherein John Crang and Mary his Wife are Appellants, and John Adams the Younger, Esquire, is Respondent, be heard on Wednesday next.

Ross et al. against Ross.

The House being informed, That Captain John Lockhart Ross and others, Respondents to the Appeal of Munro Ross of Pitcalny, Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Colquhoun Grant Writer to the Signet, 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.

Forehoe Poor Bill.

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

With a Bill, intituled, An Act for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

Die Lun, 26^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Gray and MDowall against Annand et al.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Alexander Gray Writer to the Signet, and John MDowall Merchant in Glasgow, complaining of Two Interlocutors of the Lords of Session in Scotland of the 5th of August and 7th of December 1774; and of another Interlocutor of the said Lords, of the 18th of January 1775; and praying, That the same might be reversed or varied, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Messieurs Annand and Colquhoun, and of their Assignees and Attorney, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgements.

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Interlocutors, of the 5th of August 1774, and 18th of January 1775, complained of in the said Appeal be, and the same are hereby reversed: And it is further Ordered and Adjudged, That the said Interlocutor of the 7th of December 1774, also complained of in the said Appeal, be, and the same is hereby affirmed: And it is hereby Declared, That the Appellants Alexander Gray Writer to the Signet, and John MDowall Merchant in Glasgow, have the preferable Right to the Bills in Question.

Marston St. Lawrence, Prebend of Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act to subject and charge the Prebend of Marston Saint Law rence, in the County of Northampton, and the Lands Tenements, and Hereditaments thereunto belonging, to and with the Payment of Two several perpetual yearly Rent Charges to Doctor Everard Buckworth, and his Successors in the said Prebend; and for divesting the Fee-Simple and Inheritance thereof out of him and his Successors; and for vesting the same, so charged, in John Blencowe Esquire, his Heirs and Assigns, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given, their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto.

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

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

E. Strathmores Estate Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, An Act for vesting certain Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates devised by the Will of George Bowes Esquire, deceased), in Trustees, to be sold or exchanged; and for laying out the Money to arise thereby in the Purchase of other Messuages, Lands, Tenements, or Hereditaments, to be settled to the same Uses, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be engrossed.

Afterby and Goulceby Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Afterby and Goulceby, in the County of Lincoln, was committed.

Leigh Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract of Common and Waste Land called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh, otherwise Ley, in the County of Worcester, was committed.

Doncaster, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road which leads from Bawtry to Retford, in the Counties of York and Nottingham was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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

Forehoe Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better Relief and Employment of the Poor within the Hundred of Ferehoe, in the County of Norfolk.

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

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

Eliot, Leave for a Divorce Bill.

Upon reading the Petition of John Eliot Doctor in Physick; setting forth, That the Petitioner intended to have presented a Petition to their Lordships for Leave to bring in a Bill to dissolve his Marriage, and to enable him to marry again, within the Time limited by their Lordships Order for receiving Petitions for Private Bills; but the Petitioner was not able to procure a Sentence of Divorce in the Ecclesiastical Court till Friday last; and therefore praying their Lordships, That he may be at Liberty to present a Petition for the Purpose aforesaid, notwithstanding the Time limited for receiving Petitions is expired:

It is Ordered, That the Petitioner be at Liberty to present his said Petition, as desired.

Accordingly, Upon reading the Petition of John Eliot Doctor in Physick; praying Leave to bring in a Bill to dissolve his Marriage with Grace his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

De Morsier for a Nat. Bill:

Upon reading the Petition of John Alexander de Morsier; praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, The Lord Scarsdale presented to the House a Bill, intituled, An Act for naturalizing John Alexander de Mersier.

The said Bill was read the First Time;

Salted Provisions and Cattle, Importation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for making perpetual so much of an Ad, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time; as relates to the Importation of Salted Beef, Pork, Bacon, and Butter from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the free Importation of Cattle from Ireland.

After some Time the House was resumed:

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

Adjourn.

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

Die Mercurii, 28^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Craug et Ux. against Adams.

After hearing Counsel in Part, in the Cause where in John Crang and Mary his Wife, are Appellants, add. John Adams the Younger, Esquire, is Respondent:

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

E. Strathmore Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act. for Vesting certain Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates, devised by the Will of George Bowes Esquire, deceased), in Trustees, to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Messuages Lands, Tenements, or Hereditaments, to be settled to the same Uses.

The Question was put Whether this Bill shall pass?

It was resolved in the Affirmative.

Marston St. Lawrence. Prebend of, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to subject and charge the Prebend of Marston Saint Lawrence, in the County of Northampton, and the Lands, Tenements, and Hereditaments thereunto belonging, to and with the Payment of Two several perpetual yearly Rent Charges to Doctor Everard Buckworth, and his Successors in the said Prebend; and for diverting the Fee-Simple and Inheritance thereof out of him and his Successors; and for vesting the same, so charged, in John Blencowe Esquire, his Heirs and Assigns.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

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

Forehoe Poor Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were, sound to be true; and that the Committee had gone through the Bill, and directed him to report the lame to the House, without any Amendment.

Doncaster, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for amending and keeping in Repair the Road from Doncaster to the Turnpike Road which leads from Bawtry to Retford, in the Counties of York and Nottingham.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Afterby and Goulceby Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing certain Open Common Fields, Ings, Common Pastures, and other Commonable Lands, within the Townships of Asterby and Goulceby, in the County of Lincoln.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Leigh Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, and also a certain Parcel or Tract of Common and Waste Land called The Link, and other Common and Waste Land, within the Manor and Parish of Leigh otherwise Ley, in the County of Worcester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H. C that the Lends have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Wolff and Heckers Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Charles Godfrey Wolff and John Adam Hecker.

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

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

Marshalls Bill; Motion to dispense with Standing Order.

The House being moved, That the Standing Order of this House, No. 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 dispensed with, as that the Committee, to whom the Bill, intituled, An Act for empowering Richard Hoare Esquire, the Surviving Trustee named in the Will of Mary Arnold, his Heirs, Executors, Administrators, or Assigns, to make Sale of a certain Copyhold Messuage or Tenement at Hampstead, in the County of Middlesex, with the Appurtenances, and the Household Goods and Furniture thereunto belonging, vested in him by the said Will upon certain Trusts therein expressed; and to invest the Money to arise by such Sale, in the Purchase of Lands or Tenements to be settled in like Manner, 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 To-morrow; and the Lords summoned.

Hoffmans Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing John Hoffman; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Judges to attend, and Lords summoned.

Ordered, That the Judges do attend this House To-morrow; and that the Lords be summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday next.

Mulhausen for a Nat. Bill.

Upon reading the Petition of Engerbert Mulhausen, praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, the Earl of Galloway presented to the House a Bill, intituled, An Act for naturalizing Engelbert Mulhausen.

The said Bill was read the First Time.

Sir James Ibbetson, Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting several detached Parts of the Settled Estates of Sir James lbbetson Baronet, in Trustees to be sold; and for the Application of the Money to arise by such Sale; and other Purposes therein mentioned.

Owen et al. Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting Part of the Estates devised by the Will of Sarah Owen Spinster, deceased, in the Counties of Salop and Montgomery, in Trustees, to be sold; and for laying out the Money arising by such Sale, in the Purchase of other Messuages, Lands, and Hereditaments, to be settled in Lieu thereof, to the like Uses.

Salted Provisions and Cattle, Importation of, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for making perpetual so much of an Act, made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time, as relates to the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland; and also another Act, made in the Fifth Year of His present Majestys Reign, intituled, An Act to permit the free Importation of Cattle from Ireland.

The Question was put, Whether this Bill mall pass?

It was resolved in the Affirmative,

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

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

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

Adjourn.

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

Die Jovis, 29^o Februarii 1776.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Allan against Sinclair.

The Answer of Arthur Sinclair Esquire to the Appeal of Jean Allan, was this Day brought in:

Ross against Mackenzie.

As was also, The Answer of Murdoch Mackenzie of Ardross, Esquire, to the Appeal of John Ross of Auchnaclorch:

Munro against Fraser.

And also, The Answer of Alexander Fraser to the Appeal of George Munro.

Crang et Ux. Against Adams:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Crang and Mary his Wife; complaining of an Order of the Court of Exchequer of the 18th of November 1775, over-ruling the Petitioners Plea; and praying, That the same might be reversed, and his said Plea allowed, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of John Adams the Younger, Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order 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 Order therein complained of be, and the same is hereby affirmed.

Wolff and Heckers Nat; Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Charles Godfrey Wolff and John Adam

Hecker was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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.

Forehoe Poor Bill;

Hodie 3^a vice lecta est Billa, intituled, An Act for the better Relief and Employment of the Poor, within the Hundred of Forehoe, in the County of Norfolk.

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. Browning:

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

Marshall s Bill; Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, An Act. for empowering Richard Hoare Esquire, the surviving Trustee named in the Will of Mary Arnold, his Heirs, Executors, Administrators, or Assigns, to make Sale of a certain Copyhold Messuage or Tenement at Hampstead, in the County of Middlesex, with the Appurtenances, and the Household Goods and Furniture thereunto belonging, veiled in him by the said Will upon certain Trusts therein expressed; and to invert: the Money to arise by such Sale in the Purchase of Lands or Tenements to be settled in like Manner, Hands committed, may proceed upon the said Bill, notwithstanding the said Order should not be complied with.

And Consideration being had thereof accordingly:

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

Ross against Mackenzs.

The House being moved, That a Day may be appointed for hearing the Cause, wherein John Ross of Auchnacloich is Appellant, and Murdoch Mackenzie of Ardross, Esquire, is Respondent:

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

Allan against Sinclair.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Jean Allan is Appellant, and Arthur Sinclair Esquire, is Respondent:

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

Munro against Fraser.

The House being moved, That a Day may be appointed for hearing the Cause, wherein George Munro is Appellant, and Alexander Fraser is Respondent:

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

York Buildings Company against His Majestys Advocate.

The House being moved, That a Day may be appointed for hearing the Cause, wherein the Governor and Company of Undertakers for raising Thames Water in York Buildings are Appellants, and His Majestys Advocate for Scotland, on Behalf of His Majesty and the Publick, and the Creditors upon the Estate of Marischall are Respondents:

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

Eliots Divorce Bill.

The Lord Cathcart presented to the House (pursuant to an Order of Leave of the 26th of this instant February) a Bill, intituled, An Act to dissolve the Marriage of John Eliot Doctor in Physick with Grace Dalrymple his now Wife; and to enable him to marry again; and for other Purposes therein mentioned,

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Friday the 15th Day of March next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said John Eliot may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Grace Dalrymple may have a Copy of the Bill; and that Notice be given her of the said Second Reading; and that me be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill at the same Time.

Blackthorn Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and Commonable Lands, within the Township, Hamlet, Precincts, or Liberties of Blackthorn, in the Parish of Ambrosden, in the County of Oxford, to which they desire the Concurrence of this House.

Desborough Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields in the Parish of Desborough, in the County of Northampton to which they desire the Concurrence of this House.

Sterne, et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sussana Sterne Widow, 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 I^a vice lecta est Billa, intituled, An Act for enabling the Trustees named in the Will of William Sterne deceased, to sell and convey a Leasehold Estate vested in them by the said Will, upon certain Trusts therein mentioned, to George Hodgkinson Esquire, pursuant to Articles; and to lay out the Money arising by such Sale, in the Purchase of other Lands or Hereditaments, to be settled to the like Uses.

Sutton St. Michaels Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Meadows, Pastures, and Commonable Grounds, within the Township or Liberty of Sutton Saint Michaels otherwise Sutton Bonington, commonly called Bonington End, in the County of Nottingham; to which they desire the Concurrence of this House.

Duchess of Kingstons Trial:

The Order of the Day being read for the Judges to attend; and for the Lords to be summoned:

It was moved, That the Petition of Elizabeth calling herself Duchess Dowager of Kingston, presented to this House on the 3d of November last, might be read.

The same was accordingly read by the Clerk.

Then it was moved, That the Writ of Certiorari might be read.

The same was accordingly read by the Clerk.

Then it was moved, That the Return to the said Writ might be read.

The same was accordingly read by the Clerk.

Then it was moved, That the Indictment might be read.

The same was accordingly read by the Clerk.

Then it was moved, That the Order for the Trial of Elizabeth calling herself Duchess Dowager of Kingston might be read.

The same was accordingly read by the Clerk.

Then it was moved, That the Order for an Address to His Majesty for a Place to be prepared in Westminster Hall for the said Trial; and also for a Lord High Steward, might be read.

The same was accordingly read by the Clerk.

Question to the Judges, whether this House can legally proceed in the Indictment:

Then it was moved, That the following Question be put to the Judges:

Whether this House can legally proceed upon the Indictment now before them of Elizabeth the Wise of Augustus John Hervey Esquire ?

Then the following Amendment was proposed to be made to the said Question; (videlicet),

Who is since the said Indictment become Earl of Bristol.

Which being objected to:

After Debate;

The Question was put, Whether these Words shall be added to the said Question ?

It was resolved in the Affirmative.

Then it was proposed, To put the said Question, thus amended, to the Judges:

Which being objected to:

The Question was put thereupon ?

It was resolved in the Affirmative.

Then the said Question, thus amended, was accordingly put to the Judges; (videlicet),

Whether this House can legally proceed upon the Indictment now before them of Elizabeth the Wife of Augustus John Hervey Esquire, who is since the said Indictment become Earl of Bristol ?

Their Answer.

Whereupon, The Lord Chief Baron of the Court Exchequer, having conferred with the Rest of the Judges present, delivered their unanimous Opinion upon said Question, as follows; (videlicet),

That this House can legally proceed upon the Indictment now before them of Elizabeth the Wife of Augustus John Hervey Esquire, who is since the said Indictment become Earl of Bristol.

Adjourn.

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