March 1757, 1-10

DIE Martis, 1^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

PRAYERS.

Col. J. Ross against A. Ross.

The Answer of Alexander Ross of Pitcalnie and his Trustee David Ross Writer in Edinburgh, to the Appeal of Colonel James Ross of Balnagowan, was brought in.

C. Kildare & al. against Burton & al.

Counsel (according to Order) were called in, to be further heard, upon the Appeals of the Countess of Kildare and others, and of the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents.

And the Counsel on both Sides submitting to the House, "Whether it would not be proper to postpone the Third special Point in the Master's Report, and the Exceptions relative thereto, till after the Determination of the Fifth Special Point:"

They were directed to withdraw.

And it being agreed, "That the Consideration of the Third Special Point in the Master's Report, and the 10th and 11th Exceptions relative thereto, be postponed till after the House shall come to a Determination upon the Fifth Special Point in the Master's Report, and the 17th and 18th Exceptions relative thereto:"

The Counsel were called in again, and acquainted therewith by the Speaker.

Then Mr. Sewell was heard, for the Appellants in the First Appeal, upon the Fourth Special Point in the Master's Report.

That Part of the Master's Report was read.

Part of the Tenth Schedule to the Master's Report read.

Mr. Forrester heard, for the Respondents, as to the said Fourth special Point.

And Mr. Sewell having been heard, for the said Appellants, in Reply:

The Counsel were again directed to withdraw.

Ordered and Adjudged, That so much of the said Decree or Decrees complained of, as relates to the Fourth Special Point in the Master's Report, be affirmed.

And the Counsel, being called in again, were acquainted by the Speaker with the said Determination.

Then Mr. Pratt having been heard, for the said Appellants, upon the Fifth Special Point in the Master's Report, and the 17th and 18th Exceptions relative thereto:

The Counsel were again directed to withdraw.

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

To Please the Members of the Court Martial for the Trial of Admiral Bying from the Oath of Secresy, Bill:

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

With a Bill, intituled, "An Act to release from the Obligation of the Oath of Secrecy the Members of the Court Martial appointed for the Trial of Admiral John Byng, pursuant to the Exception contained in the said Oath;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

And it being moved, "That the said Bill be read a Second Time To-morrow:"

After Debate;

Ordered, That the said Bill be read a Second Time To-morrow; and that the Lords be summoned.

Message to H. C. for Three of their Members to attend about it:

Ordered, That a Message be sent to the House of Commons, to desire, "That they will give Leave that the Honourable Augustus Keppel, James Douglas Esquire, and Peter Denis Esquire, Members of that House, may attend this House To-morrow, in order to be examined upon the Second Reading of the said Bill."

The rest of the Members of the Court Martial ordered to attend:

Ordered, That Thomas Smith Esquire Vice Admiral of the Red, Francis Holburne Esquire Rear Admiral of the Red, Harry Norris Esquire Rear Admiral of the White, Thomas Brodrick Esquire Rear Admiral of the Blue, Captain Charles Holmes, Captain Francis Geary, Captain William Boys, Captain John Moore, Captain John Simcoe, and Captain John Bentley, do attend this House To-morrow, in order to be examined upon the Second Reading of the said Bill.

The Judges to attend.

Ordered, That such of the Judges as are in Town do attend this House To-morrow, upon the Second Reading of the said Bill.

C. of Kildare & al. against Burton & al.

Ordered, In regard of the Necessity there is of proceeding upon the said Bill To-morrow, that the further Hearing of the Cause upon the Appeals of the Countess of Kildare and others, and the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents, which stands adjourned till Tomorrow, be put off till Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

PRAYERS.

Cummyng & al. against Boyle & al.

The Answer of James Boyle of Montgomeryston late Provost of Irvine, John Clasgow, Adam Dickie, William Watson, Hugh Clarke, and Alexander Edwards, all Merchants in the said Borough of Irvine, to the Appeal of John Cumming, James Allison, Francis Cuninghame, William Cuninghame, Thomas Brow, James Campbell, Robert Craig, John Gray, John Macfie, John Gensmell, Arthur Grahame, James Wilkie, John Deane, Hew Galt, Robert Pier, and William Jack, who assume unto themselves the Names and Characters of Magistrates and Town Counsellors of the said Borough of Irvine, was brought in:

Stewart against Kenneth Mackenzie.

As was also, the Answer of Sir Kenneth mackenzie Baronet, to the Appeal of John Stewart.

E. Temple takes the Oaths.

Richard Earl Temple 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.

Answer from H. C. about the Attendance of the Three Members.

The Messengers sent to the House of Commons, to desire, that they would give Leave that the Honourable Augustus Keppel, James Douglas, and Peter Dennis, Esquires, Members of that House, may attend this House, in order to be examined, upon the Second Reading of the Bill to release from the Obligation of the Oath of Secrecy the Members of the Court Martial appointed for the Trial of Admiral John Byng pursuant to the Exception contained in the said Oath," acquainted the House, "That they had delivered their Lordships Message; and that the Commons will send an Answer by Messengers of their own."

St. Luke's Parish Poors Rates, Bill.

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

With a Bill, intituled, "An Act for the ascertaining and collecting the Poors Rates, and for the better ordering and regulating the Poor, in the Parish of Saint Luke, in the County of Middlesex;" to which they desire the Concurrence of this House.

Ld. Trevor, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Lord Trevor and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for discharging John Lord Trevor, Executor of Thomas Lord Trevor, deceased, from the Sum of Eight Thousand Eight Hundred Pounds, agreed by the said Thomas Lord Trevor to be laid out in the Purchase of Lands; and for confirming the Application made by the said John Lord Trevor of the said Eight Thousand Eight Hundred Pounds, towards the Discharge of the Sum of Ten Thousand Pounds charged on the Manor of Bromham and other the Estates late of the said Thomas Lord Trevor in the County of Bedford."

Petition against Whitgist Enclosure Bill.

A Petition of Samuel Moore and others, having Right of Common on Whitgift Pasture, in the County of York, was presented, and read; taking Notice of a Bill de pending in this House, for dividing and enclosing the said Pasture Ground; and praying, "That this House will not pass any Bill for enclosing the same, till the Right of the Petitioners and all others claiming Right of Common on the said Pasture Ground has, by Agreement or due Course of Law, been ascertained; and that they may be heard, by Counsel, against the said Bill."

Ordered, That the said Petition be referred to the Consideration of the Committee to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, by their Counsel, against the said Bill, before the said Committee; as may also Counsel be heard for the said Bill, at the same Time.

Bishopthorpe Enclosure Bill.

The Lord Bishop of Carlisle (pursuant to an Order of the 21st of February last) presented to the House a Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for the dividing and enclosing the Common Fields, Common Meadow Grounds, and Common or Waste, in the Township of Bishopthorpe, in the County of the City of York; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Low Wines and Spirits from Corn to prohibit for a Time, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prohibit, for a limited Time, the making Low Wines and Spirits, from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour."

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.

Sir John Shaw, Leave to petition for a Bill.

A Petition of Sir John Shaw of Eltham in the County of Kent Baronet, in Behalf of himself and John Shaw his only Child, an Infant, by Dame Elizabeth his late Wife, was presented, and read; setting forth, "That the Petitioner did intend to apply to their Lordships, for Leave to bring in a Bill, for making a Partition of certain Estates therein mentioned; but, as the Agreement for the same could not be compleated so soon as was expected, the Petitioner was prevented from presenting his Petition within the Time limited by the Order of this House for receiving Petitions for Private Bills; and that, if the same should be postponed till another Session of Parliament, it might be very inconvenient and prejudicial to the said John Shaw the Infant;" and therefore praying, "That their Lordships would be pleased to give Leave to the Petitioner to present his Petition, for the Purposes therein mentioned."

Ordered, That the Petitioner have Leave to present his said Petition, as desired.

Petition referred to Judges.

Accordingly, a Petition of the said Sir John Shaw, in Behalf of himself and John Shaw his only Child, an Infant, by Dame Elizabeth his late Wife, was presented, and read; praying Leave to bring in a Bill, to enable the Petitioner to join in making a Partition of divers Lands and Hereditaments, in the Counties of Suffolk, Cambridge, and York, and City of London; and for other Purposes therein 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 Bathurst; 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.

Leave given for the Three Members of the H of C. to attend on Admiral Being's Court Martial Bill.

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

To acquaint this House, "That they have given Leave to the Honourable Augustus Keppel, James Douglas Esquire, and Peter Denis Esquire, Members of their House, to go to the House of Lords, as is desired by their Lordships in their Message of this Day, if the said Members think fit."

Marine Forces, Regulation of, Bill.

A Message was brought from the House of Commons, by Mr. Orby Hunter 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."

Earlstone Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing, allotting, and enclosing, the Common, Open, and Arable Fields, and Waste Grounds, in Earlstone, in the Porish of Burghcleare, in the County of Hants;" to which they desire the Concurrence of this House.

Governors of Charterhouse, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Governors of the Hospital of King James, founded in Charter-house, to sell and convey the Manor of Blacktoft, and divers Lands and Tenements in the County of York; and for laying out the Money arising thereby in the Purchase of other Lands and Tenements, for the Benefit of the said Hospital."

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

Their Lordships, or any Five of them; to meet on Thursday the 17th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

News Paper complained of, on account of a Paragraph relative to the Oaths to be taken on a Sea Court Martial:

Complaint was made to the House, of Two Paragraphs in a printed News Paper, intituled, "The Publick Advertiser, Wednesday, March 2^d," said therein to be the Oath required to be taken by the Members of a Sea Court Martial, and the Oath of the Judge Advocate, containing a false Representation of the said Oaths; which News Paper is mentioned to be printed and sold by W. Eglesham, at the Corner of Ivy Lane in PaterNoster Row.

And thereupon the said Two Paragraphs complained of were read, by the Clerk.

The Oaths required to be taken by the Members of Courts Martial and by the Judge Advocate, by an Act passed in the Twenty-second Year of His Majesty's Reign, intituled, "An Act for amending, explaining, and reducing into one Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces, by Sea," were also read, out of the said Act.

Publisher to be taken into Custody.

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said W. Eglesham, by whom the said News Paper is mentioned to be printed and sold, and bring him in safe Custody to the Bar of this House, to answer for his Offence; and this shall be a sufficient Warrant in that Behalf.

To the Honourable Sir Henry Bellonden Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

To release the Members of the Court Martial for the Trial of Admiral Byng from the Oath of Secrecy, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to release from the Obligation of the Oath of Secrecy the Members of the Court Martial appointed for the Trial of Admiral John Byng, pursuant to the Exception contained in the said Oath;" and for the Attendance of several Persons, in order to be examined upon the said Second Reading; and also for the Attendance of such of the Judges as are in Town:

The said Bill was accordingly read a Second Time.

And it being agreed, that the several Persons to be examined should be called in separately, and that they should be examined upon Oath; and that the Questions and Answers should be taken down in Writing, at the Bar, by the Clerk; and also that the Oath of Secrecy, directed by the Act of Parliament of the Twenty-second Year of His Majesty's Reign, to be taken by the Members of Courts Martial, held by virtue of that Act, should be read to each of them before he should be examined:

Vice Admiral Thomas Smith was called in, and sworn at the Bar.

And the said Oath of Secrecy was read to him, as follows:

"I, A. B. do swear, That I will duly administer Justice, according to the Articles and Orders established by an Act passed in the Twenty-second Year of the Reign of His Majesty King George the Second, for amending, explaining, and reducing into one Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea, without Partiality, Favour, or Affection; and if any Case shall arise which is not particularly mentioned in the said Articles and Orders, I will duly administer Justice, according to my Conscience, the best of my Understanding, and the Custom of the Navy in the like Cases. And I do further swear, that I will not, upon any account, at any Time whatsoever, disclose or discover the Vote or Opinion of any particular Member of this Court Martial, unless thereunto required by Act of Parliament.

"So help me God."

It was moved, "That the Twelfth Article, in the said Act of the Twenty-second Year of His Majesty's Reign, might be read."

And the same was read accordingly.

Vice Admiral Smith examined:

Then it was proposed, "That Vice Admiral Smith should be asked, Whether he now thinks, or, as far as he can recollect, ever did think, that he could have applied any Part of that Article to a Man, whose Conduct he thought proceeded from Error of Judgement only?"

Which being objected to;

The Vice Admiral was directed to withdraw.

After Debate;

The Question being waived for that Time:

The Vice Admiral was called in again; and asked:

Question, "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "Indeed I do not."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "Indeed I do not."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "As for myself, I have no Desire of it; but, if it will be a Relief to the Consciences of any of my Brethren, it will not be disagreeable to me."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I have not indeed, further than as I wrote what seemed to be at that Time the Sense of the whole Court, to a Right Honourable Member of this House (Lord Lyttelton); signifying, that, if it was necessary, the Members would willingly attend, to set forth the Reasons that induced them to recommend him to His Majesty's Mercy."

Question. "Whether you think yourself restrained, by your Oath of Secrecy, from laying before His Majesty those Matters, for inducing His Majesty's Mercy, which are mentioned or referred to in that Letter to my Lord Lyttelton?"

Answer. "As the Sentence and Application for His Majesty's Mercy were the unanimous Resolutions of the Court; I apprehend that I am at Liberty to give the Reasons why I requested that Mercy."

He was directed to withdraw.

Rear Admiral Holburne examined:

Rear Admiral Francis Holburne was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords."

Question. "Whether you know any Matter, that passed previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords."

Question. "Whether you are desirous that the Bill, now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No, my Lords."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No, my Lords."

He was directed to withdraw.

Rear Admiral Norris examined:

Rear Admiral Harry Norris was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "I beg to be excused answering to that Question, while I am under the Oath of Secrecy."

Then the following Question was proposed to be put to him; videlicet, "Whether you have any Matter to disclose, that would shew the Sentence to be unjust, if you was released from the Oath of Secrecy?"

Which being objected to:

He was directed to withdraw.

After Debate;

He was called in again, and asked the said Question; videlicet,

Question. "Whether you have any Matter to disclose, that would shew the Sentence to be unjust, if you was released from the Oath of Secrecy?"

Answer. "No."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No."

Question. "Whether you are desirous that the Bill, now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "Yes."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I must beg Leave not to answer to that Question."

He was directed to withdraw.

Rear Admiral Brodrick examined:

Rear Admiral Thomas Brodrick was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question, "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords, upon my Honour."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords."

Question. "Whether you are desirous that the Bill, now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No, my Lords."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No, my Lords."

He was directed to withdraw.

Capt. Holmes examined:

Captain Charles Holmes was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "I know of none."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "I know of none."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "I don't desire it should."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I know nothing more but the Sentence, and the Letter which all the Gentlemen signed to the Admiralty."

He was directed to withdraw.

Rear Admiral Norris again examined:

The House being informed, "That Rear Admiral Norris was willing to answer to the last Question that was asked him when he was at the Bar before, and which he then declined answering:"

The said Rear Admiral was called in again, and asked the said Question; videlicet,

Question. "Whether you are of Opinion that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "At the Time I said I was desirous the Act should take Place, I understood that we should have an Opportunity of delivering our particular Reasons for signing the Sentence and Letter of Recommendation."

He was directed to withdraw.

Capt. Geary examined:

Captain Francis Geary was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him, as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No, my Lords; but I have no Objection, if it will be to the Satisfaction of any Person."

Question. "Whether you are of Opinion that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No, my Lords, nothing but what I have signed to by the Sentence and Letter of Recommendation."

Question. "Whether, if the Act was passed, you could better explain that Sentence and Letter than you are now able?"

Answer. "My Oath of Secrecy won't permit me to say more."

Question. "Whether you think, by your Oath of Secrecy, you are restrained from disclosing any Thing but the Vote and Opinion of the Members?"

Answer. "I am One of the Members; and I humbly beg Leave to think it my own Opinion."

He was directed to withdraw.

Capt. Boys examined.

Captain William Boys was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords; I do not."

Question. "Whether you know any Matter, that passed previous to the said Sentence which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords; I do not."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "My Lords, I do not."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No, my Lords; I have not."

He was directed to withdraw.

Capt. Moore examined:

Captain John Moore was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "I am very desirous it should, that I might be absolved from the Oath: I have been under great Concern when I have taken the Oath; I don't mean upon this Trial."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I do not think myself at Liberty, while I am under this Oath, to answer that Question."

Question. "Whether, if this Bill was passed, you could better explain the Sentence and Letter of Recommendation than you are now able?"

(fn. 2) Answer. "I could give better Information what were my Motives for signing that Sentence and Letter."

He was directed to withdraw.

Capt. Simcoe examined:

Captain John Simcoe was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "I know of none, my Lords."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "Not in the least, my Lords."

Question. "Whether you are desirous that the Bill now under the Consideration of this House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "I have no such Desire, my Lords."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I have not, my Lords."

He was directed to withdraw.

Capt. Douglas examined:

Captain James Douglas was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, my Lords; I do not."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No, my Lords; I do not."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No, my Lords; I do not."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I have not, my Lords."

He was directed to withdraw.

Capt. Bentley examined:

Captain John Bentley was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No, I know of none."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "None at all."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No."

He was directed to withdraw.

Capt. Keppel examined:

The Honourable Augustus Keppel was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "No."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No."

Question. "Whether you are desirous that the Bill now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "Yes, undoubtedly."

Question. "Whether you are of Opinion that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "I think that I cannot answer that Question, without particularizing the Reasons for my Vote and Opinion."

Question. "Do you understand that these particular Reasons are asked now?"

Answer. "No."

He was directed to withdraw.

Capt. Denis examined:

Captain Peter Denis was called in, and sworn at the Bar.

And the Oath of Secrecy was read to him as before.

And then he was asked:

Question. "Whether you know any Matter that passed, previous to the Sentence pronounced upon Admiral Byng, which may shew that Sentence to have been unjust?"

Answer. "None at all."

Question. "Whether you know any Matter that passed, previous to the said Sentence, which may shew that Sentence to have been given through any undue Practice or Motive?"

Answer. "No."

Question. "Whether you are desirous that the Bill, now under the Consideration of the House, for dispensing with the Oath of Secrecy, should pass into a Law?"

Answer. "No."

Question. "Whether you are of Opinion, that you have any Particulars to reveal, relative to the Case of, and the Sentence passed upon, Admiral Byng, which you judge necessary for His Majesty's Information, and which you think likely to incline His Majesty to Mercy?"

Answer. "No."

He was directed to withdraw.

Then the said several Examinations were read by the Clerk.

And it being moved, "To reject the Bill:"

Ordered, That the said Bill be rejected.

The Bill rejected, and the Proceedings to be printed.

Ordered, That the said Bill, and the Proceedings of this House relating thereto, together with the Examinations of the several Members of the Court Martial, taken upon Oath at the Bar, be forthwith printed and published.

Complaint of a News Paper, for a Paragraph relative to the Oaths taken at a Sea Court Martial.

Complaint was made to the House of Two Paragraphs in a printed News Paper, intituled, "The Whiteball Evening Post, or London Intelligencer, from Saturday February 26th, to Tuesday March 1st, 1757," said therein to be the Oath required to be taken by the Members of a Sea Court Martial, and the Oath of the Judge Advocate, containing a false Representation of the said Oaths; which News Paper is mentioned to be sold by C. Corbett, at the State Lottery Office, opposite Saint Dunstan's Church, Fleet Street.

And the said Two Paragraphs being read:

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith attach the Body of the said C. Corbett, by whom the said News Paper is mentioned to be sold, and bring him in safe Custody to the Bar of this House, to answer for his Offence; and this shall be a sufficient Warrant in that Behalf.

To the Honourable Sir Henry Bellenden Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Countess Ferrers Petition, Consideration put off.

The Order of the Day being read, for taking into Consideration the Petition of Mary Countess Ferrers; praying, "That Leave may be given to bring in a Bill, for a Separation from Earl Ferrers her Husband, for Cruelty:"

Ordered, That this House will take the said Petition into Consideration on Monday next; and the Lords to be summoned.

Melksham Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road from the Turnpike Road at the Bottom of Shaw Hill, in the Parish of Melksham, through Googe's Lane, Corsham, Biddestone, and West Yatton, to the Turnpike Road at Upper Combe, in the Parish of Castle Combe, in the County of Wilts," 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."

Adjourn.

Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Respondents peremptorily to answer Chichester's Appeal.

The House was informed, "That Arthur Earl of Donegall had not put in his Answer to the Appeal of Ann Chichester Widow, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Robert Jones of the City of Dublin Grocer, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Melksham Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from the Turnpike Road at the Bottom of Shaw Hill, in the Parish of Melksham, through Googe's Lane, Corsham, Biddestone, and West Yatton, to the Turnpike Road at Upper Combe, in the Parish of Castle Combe, in the County of Wilts."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Northwood Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath, and Toft Green, in the Manor and Parish of Trentham, in the County of Stafford."

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 preceding Bills.

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

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

Shipston Toll Gate, &c. Roads, Bill.

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

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament; one passed in the Third, and the other in the Seventeenth, Year of His present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate and Bridgtown, in the Parish of Old Stratford in the County of Warwick, through Alderminster and Shipston upon Stowe, to the Top of Long Compton Hill in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, through Mickleton and Chipping Campden, to a Place called Andover's Ford in the County of Gloucester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ld. Irwin's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering Henry Viscount Irwin, George Ingram his Brother, and Charles Ingram his Nephew, to settle Part of the said Viscount Irwin's Estate, upon the Marriage of the said Charles Ingram; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Monday the 21st Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sutton Coldfield Park, Grant of to Luttrell, Bill.

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

With a Bill, intituled, "An Act to empower the Warden and Society of King's Town of Sutton Coldfield, in the County of Warwick, to grant Part of a Common, called Sutton Coldfield Park, unto Simon Luttrell Esquire and his Heirs;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Marine Forces, Regulation of, Bill.

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

Ld. Trevor's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging John Lord Trevor, Executor of Thomas Lord Trevor, deceased, from the Sum of Eight Thousand Eight Hundred Pounds, agreed by the said Thomas Lord Trevor to be laid out in the Purchase of Lands; and for confirming the Application made by the said John Lord Trevor of the said Eight Thousand Eight Hundred Pounds, towards the Discharge of the Sum of Ten Thousand Pounds, charged on the Manor of Brombam and other the Estates late of the said Thomas Lord Trevor in the County of Bedford."

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.

Lloyd, Leave to petition for a Private Bill:

A Petition of Samuel Harper of Lincoln's Inn Gentleman, for and on the Behalf of Simon Lloyd of PlasynDre in the County of Merioneth Gentleman and Sarah his Wife, was presented, and read; setting forth, "That the said Simon Lloyd hath signed a Petition, to be presented to this House, for Leave to bring in a Bill for the Purposes therein mentioned; which Petition was some Time ago sent into Merionethshire, to be signed by the Parties, but, upon the Return of it, was, by some Accident, left behind by the Post; for, though the Letter in which the same was enclosed was dated the 17th of February last, yet the same did not come to the Petitioner till the 23d of the same Month, which was the Day after the Time limited by the Order of this House for receiving Petitions for Private Bills;" and praying, "That the said Petition of the said Simon Lloyd and Sarah his Wife may be now received."

Ordered, That the said Petition be received, as desired.

Petition referred to Judges.

Accordingly, A Petition of the said Simon Lloyd and Sarah his Wife, was presented, and read; praying Leave to bring in a Bill, for Sales of Estates in the County of Merioneth, for discharging Encumbrances; and for other Purposes therein mentioned.

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 Clive; 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.

St. Lukes Poor, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the ascertaining and collecting the Poors Rates, and for the better ordering and regulating the Poor, in the Parish of Saint Luke, in the County of Middlesex."

Stragglethorpe Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of Stragglethorpe, within the Parish of Beckingham, in the County of Lincoln; and for making a Compensation to the Rector of the said Parish, for the Glebe Lands and Tithes in Stragglethorpe aforesaid."

Cumming et al. against Boyle et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Cumming and others Counsellors of the Borough of Irvine are Appellants, and John Boyle and others 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.

Stewart against Sir Kenneth Mackenzie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Stewart Esquire of Farnese is Appellant, and Sir Kenneth Mackenzie 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.

Pierie to enter into a Recognizance for Stewart.

The House being moved, "That William Pierie Gentleman may be permitted to enter into a Recognizance for John Stewart Esquire, on account of his Appeal depending in this House; he residing in Scotland:"

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

Bishopthorpe Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for the dividing and enclosing the Common Fields, Common Meadow Grounds, and Common or Waste, in the Township of Bishopthorpe, in the County of the City of York; 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 Friday the 11th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Crie et al. against Smith & al. Bill.

The House being moved, "That Thursday the 17th Day of this Instant March may be appointed, for hearing the Cause werein James Crie Esquire and others are Appellants, and David Smith of Methven and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the 17th Day of this Instant March, as desired.

The King's Answer to Address for State of the National Debt.

The Lord Great Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House of the 22d of February last, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions that the same be laid before the House accordingly."

Plunkett against Knox & al.;

The House being informed, "That Charles Farran attended, in order to deliver in Copies of Pleadings and Proceedings, relating to a Cause depending in this House, wherein James Plunkett Esquire is Appellant, and John Knox Esquire and others are Respondents:"

Pleadings proved.

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

And then he withdrew.

Col. James Ross against Alexander Ross.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Colonel James Ross is Appellant, and Alexander Ross Esquire 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.

Publishers of the News Papers complained of, examined.

The Gentleman Usher of the Black Rod acquainted the House, "That he had, pursuant to their Lordships Order, attached Wells Eglesham and Charles Corbett, the Two Publishers of the Two News Papers complained of on Wednesday last; and that they were attending without, in safe Custody."

Whereupon the said Wells Eglesham, the Printer of The Publick Advertiser, was ordered to be brought to the Bar; and, being brought accordingly, was examined in relation to the Matter of the said Complaint; and owned, "That he is the Printer and Publisher of the said News Paper; but denied that any body advised or applied to him to print the Two Paragraphs complained of;" and said, "They were inadvertently copied and printed in that Paper from The Whitehall Evening Post of Tuesday last."

He was directed to be taken from the Bar.

Then the said Charles Corbett was brought to the Bar; and asked, "Whether he is the Publisher of The Whitehall Evening Post?" and says, "He is the Manager of that Paper."

Asked, "By whose Advice he printed the Paragraphs complained of, said to be the Oath required to be taken by the Members of a Sea Court Martial, and the Oath of the Judge Advocate?"

Says, "Nobody advised him to it; he did it of himself."

Asked, "How he came to print those Oaths at this particular Time?"

Says, "Because it was a Subject that engrossed the Talk of the whole Town, and therefore he printed them; and that he took them from a printed Copy of an Act of the Twenty-first Year of His Majesty's Reign, for further regulating the Proceedings upon Courts Martial in the Sea Service, which he got from The King's Printing House:" And produced a printed Copy of the said Act.

Being asked, "Who delivered the printed Copy of the said Act to him?" Says, "He sent Thomas Moore, his Errand Boy, to The King's Printing House, for the last Act of Parliament about Courts Martial; and the Boy brought him the printed Copy of that Act, and told him a Gentlewoman there delivered it to him."

Asked again, "Whether any body advised him to print the said Oaths?" Says, "Nobody did."

Asked, "Whether the printed Copy of the Act, which he produced, was the same printed Copy which he had from The King's Printing House?" Says, It is not, he has mislaid that; the Copy which he produced he had not till Yesterday; he borrowed it of a Neighbour."

He was directed to be taken from the Bar.

Then it being moved, "That the said Welis Eglesham might be now brought to the Bar, in order to be reprimanded and discharged, paying his Fees."

Eglesham reprimanded, and discharged;

The said Wells Eglesham was accordingly brought to the Bar; where he, on his Knees, begging Pardon for his Offence, and receiving a Reprimand from the Speaker, was discharged out of Custody, paying his Fees.

Corbett continued in Custody, and to be brought again.

Ordered, That the said Charles Corbett be continued in the Custody of the Gentleman Usher of the Black Rod; and that he be brought again to the Bat of this House on Monday next.

Ordered, That the said Thomas Moore, Servant Boy to the said Charles Corbett, do attend this House on Monday next.

Causes put off.

Ordered, That the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Forbes of Pitsligo Respondent, which stands appointed for Monday next, be put off till Wednesday; and the other Causes removed in Course.

Counsel (according to Order) were called in, to be further heard, upon the Appeals of the Countess of Kildare and others, and of the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents.

Countess Kildare against E. Shannon & al against Burton & al.

And Mr. Pratt, having been heard, on Tuesday last, for the Appellants in the First Appeal, to state and argue the Case upon the Fifth Special Point in the Master's Report, and the Seventeenth and Eighteenth Exceptions relative thereto, was directed to proceed in the Evidence.

The said Fifth Special Point in the Master's Report was read.

The said Seventeenth and Eighteenth Exceptions also read.

The Fourteenth Schedule to the Master's Report read.

Mr. Sewell heard also, for the said Appellants, to the same Point.

Mr. Solicitor General heard, for the Respondents, to the same Point.

Mr. Forrester heard, also for the Respondents.

Mr. Pratt heard, for the said Appellants, in Reply.

And the Counsel for the said Appellants acquainting the House, "That, if their Lordships should be of Opinlon to affirm the Decree upon the Fifth Special Point, and the Exceptions relative thereto, they would give the House no Trouble upon the Third Special Point, which was postponed, and the Tenth and Eleventh Exceptions relative thereto:"

The Counsel were directed to withdraw.

Ordered and Adjudged, That so much of the said Decree, or Decrees, complained of, as relates to the Fifth Special Point in the Master's Report, and the Appellants Seventeenth and Eighteenth Exceptions relative thereto, be affirmed, with the following Variations; videlicet, that, after the Word ["shall"], and before the Words ["pay to the Plaintiffs, for the said respective Legacies"], these Words be inserted, ["out of the separate Real and Personal Estate of the said Benjamin Burton, which came to the Hands of the said Samuel Burton, and which remains vested in, or in the Hands of, the Defendants the Trustees"]; and, after the Word ["Samuel"], to leave out the Words ["and afterwards"], and to insert these Words, ["or which shall come"]; and that the said Decree, or Decrees, in all other respects not before reversed, varied, or altered, be affirmed: And as to so much of the said First Appeal as complains of the Order of the 27th of February 1754, whereby the late Lord Chancellor of Ireland refused to Re-hear the Cause, it is Ordered, That the said Appeal be dismissed.

The entire Order and Judgement, on the Hearing and Consideration of this Cause, is as follows:

Judgement.

"After hearing Counsel, as well on Thursday and Friday last, as on Monday and Tuesday last, and this Day, upon the Petition and Appeal of the Right Honourable Mary Countess of Kildare, surviving Executrix of Robert late Earl of Kildare, deceased, Bellingham Boyle Esquire, Executor of John late Lord Primate of all Ireland, deceased, Edward Lord Bishop of Elphin, Charles Lord Archbishop of Dublin, Charles Savage Esquire, surviving Executor of Hugh late Lord Primate of all Ireland, deceased, Stephen Fitzgerald, Bartholomew William Gilbert, and Thomas Fitzgerald, Esquires, Executors of Richard late Earl of Cavan, deceased, Martha Purefoy Widow, and William Purefoy, surviving Executors of William Purefoy Esquire, deceased, Barbara Aylward Widow, Ignatius Kelly Esquire, Administrator of Daniel Kelly Gentleman, deceased, and Robert Roberts Esquire, on the Behalf of themselves, and the several Creditors of the Four several Banks lately kept by Samucl Burton and Daniel Falkiner, by Benjamin Burton, Samuel Burton, and Daniel Falkiner, by Benjamin Burton and Samuel Burton, and by Benjamin Burton and Francis Harrison; complaining of a Decree, or Decrees, of the Court of Chancery in Ireland, of the 22d of July and 14th of December 1754, and of the Lord Chancellor of Ireland's Refusal to re-hear the same, on the 27th of February 1754; and praying, That the said Decrees might be reversed, varied, or rectified; and that this House would be pleased to make such other Orders therein, as the Nature and Circumstances of the Case require, and as the Court below ought to have done, in such Manner as to their Lordships should seem meet: As also upon the Answer of the Right Honourable Henry Boyle Speaker of the House of Commons in Ireland, the Right Honourable Thomas Marlay, the Right Honourable Henry Singleton Master of the Rolls, the Right Honourable John Bowes Lord Chief Baron of His Majesty's Court of Exchequer, the Honourable Michael Ward One of the Justices of His Majesty's Court of King's Bench, and Boleyn Whitney Esquire One of His Majesty's Counsel at Law; and the joint and several Answer of Benjamin Burton Esquire, Francis Bindon, and John Hardy; and the joint and several Answer of Robert Burton Esquire, Sir Charles Burton Knight, and Rachael Burton Widow; and the several Answer of Daniel Falkiner Esquire, put in to the said Appeal: And likewise after hearing Counsel upon the Petition and Appeal of the Right Honourable Henry Earl of Shannon, formerly Henry Boyle Esquire, Chancellor of the Exchequer in Ireland, the Right Honourable Henry Singleton Esquire Master of the Rolls in Ireland, the Right Honourable John Bowes Esquire Chief Baron of the Court of Exchequer in Ireland, the Honourable Michael Ward Esquire One of the Judges of the Court of King's Bench in Ireland, and Boleyn Whitney Esquire, surviving Trustees appointed in and by an Act of Parliament made in the said Kingdom of Ireland, in the Seventh Year of the Reign of His present Majesty, intituled, "An Act for the Relief of the Creditors of the Bank lately kept by Samuel Burton and Daniel Falkiner, and of the Creditors of the Bank lately kept by Benjamin Burton, Samuel Burton, and Daniel Falkiner, and of the Creditors of the Bank lately kept by Benjamin Burton and Samuel Burton, and of the Creditors of the Bank lately kept by Benjamin Burton and Francis Harrison; complaining of the said Decree, or Decrees, of the said Court of Chancery in Ireland, of the 22d of July and 14th of December, 1754; and praying, That the same, so far as they relate to the Appellants, might be reversed, varied, or rectified; and that they might have such other Relief in the Premises as the Nature of the Case should require: As also upon the joint and several Answer of Benjamin Burton and Francis Bindon; and the joint and several Answer of Robert Burton, Sir Charles Burton, and Rachacl Burton; and the several Answer of Daniel Falkiner Esquire; and the joint and several Answer of Mary Countess of Kildare, Bellingham Boyle, Edward Lord Bishop of Elphin, Charles Lord Archbishop of Dublin, Charles Savage, Stephen Fitzgerald, Bartholomew William Gilbert, and Thomas Fitzgerald, Martha Puresoy, and William Purefoy, Barbara Aylward, Ignatius Kelly, and Robert Roberts, put in to the said last mentioned Appeal; and due Consideration had of what was offered on all Sides in this Cause: It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondents, the Legatees under the Will and Codicil of Benjamin Burton, deceased, are entitled to the Payment of their several Legacies, with Interest, out of the Real and Personal Estate of the said Benjamin Burton, which came to Samuel Burton, in Preference to Samuel Burton's Debts, whether separate or in Partnership: And it is hereby Ordered and Adjudged, That that Part of the said Decree, or Decrees, complained of, whereby the Appellant's First and Second Exceptions to the Master's Report are over-ruled, be reversed; and that the said Exceptions be allowed: And it is further Ordered and Adjudged, That so much of the said Decree, or Decrees, complained of, as over-rules the Appellant's Fourth and Fifth Exceptions to the Master's Report, and also so much of the said Decree, or Decrees, as relates to the Fourth Special Point in the Master's Report, be affirmed: And it is further Ordered and Adjudged, That so much of the said Decree, or Decrees, as relates to the Fifth Special Point in the Master's Report, and the Appellant's Seventeenth and Eighteenth Exceptions relative thereto, be affirmed, with the following Variations; (videlicet,) That, after the Word ["shall"], and before the Words ["pay to the Plaintiffs for the said respective Legacies"], these Words be inserted, ["out of the separate Real and Porsonal Estate of the said Benjamin Burton, which came to the Hands of the said Samuel Burton, and which remains vested in, or in the Hands of, the Defendants the Trustees"]; and, after the Word ["Samuel"], to leave out the Words ["and afterwards"], and to insert these Words ["or which shall come"]: And it is hereby further Ordered and Adjudged, That the said Decree, or Decrees, in all other respects, not hereby reversed, varied, or altered, be, and the same are hereby, affirmed: And as to so much of the said First Appeals as complains of the Order of the 27th of February 1754, whereby the late Lord Chancellor of Ireland refused to re-hear the Cause, it is Ordered, That the said Appeal be dismissed: And it is further Ordered, That the said Court of Chancery in Ireland do give the proper Directions for carrying this Judgement into Execution."

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, septimum diem instantis Martii, hora undeoima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

PRAYERS.

Jeffrey's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Mary Jeffreys, the Wife of Jeffrey Jeffreys Esquire, a Lunatick, and the Committee or Committees of his Estate for the Time being, to make Leases of the Parts and Shares of the said Mary Jeffreys, of divers Lands, Tenements, and Hereditaments, in the County of Devon, devised by the Will of Sir William Morice Baronet, deceased, during the Continuance of the said Lunatick's Interest therein," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Vince, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Jacques, as Guardian, and for and on the Behalf, of Henry Chivers Vince, an Infant; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate of Henry Chivers Vince Esquire, deceased, in Trustees, to be sold, for raising Money, to discharge the Debts and Encumbrances directed to be paid by a Decree of the Court of Chancery."

Chafin, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Chafin Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of George Chafin the Elder and George Chafin the Younger, Esquires, in the Counties of Dorset and Somerset, for Payment of their Debts; and for rendering a Power in a certain Settlement therein mentioned, for making Jointures, more effectual; and for other Purposes."

Davison, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Davison Widow and Nicholas Brown; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting divers Messuages, Lands, and Hereditaments, Part of the Real Estate late of George Davison, deceased, in Trustees, to enable them to convey the same to the Purchasers or Mortgagees thereof, or unto such other Person or Persons as the Court of Chancery shall direct."

Shipston Toll Gate, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, One passed in the Third, and the other in the Seventeenth, Year of the Reign of His present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate, at Bridgtown in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickleton and Chipping Campden, to a Place called Andover's Ford, in the County of Gloucester."

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 o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Earlstone Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the Common, Open, and Arable Fields and Waste Grounds, in Earlstone, in the Parish of Burghcleare, in the County of Hants."

Sutton Coldfield Park, Grant of, to Luttiell, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Warden and Society of King's Town of Sutton Coldfield, in the County of Warwick, to grant Part of a Common, called Sutton Coldfield Park, unto Simon Luttrell Esquire and his Heirs."

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.

St. Luke's Poor, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better ascertaining and collecting the Poor's Rates, and for the better ordering and regulating the Poor, in the Parish of St. Luke, in the County of Middlesex."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Marine Forces, Regulation of, Bill.

Hodie 2^a 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, To-morrow.

Stragglethorpe Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of Stragglethorpe, within the Parish of Beckingham, in the County of Lincoln; and for making a Compensation to the Rector of the said Parish, for the Glebe Lands and Tithes in Stragglethorpe aforesaid."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Moore, Servant to Corbett the Publisher of The Whitehall Evening Post, examined:

Thomas Moore, Servant to Charles Corbett the Publisher of The Whitehall Evening Post, attending (according to Order), was called in:

And, being examined in relation to his being sent to The King's Printing-house for an Act of Parliament relating to Courts Martial, said, "That his Master sent him to The King's Printing-house, for the last Act of Parliament about Courts Martial; and that he thinks it was about a Month ago."

He was directed to withdraw.

Then, it being moved, "That the said Charles Corbett, in Custody of the Gentleman Usher of the Black Rod, might be brought to the Bar, in order to be reprimanded and discharged, paying his Fees:"

Corbett reprimanded, and discharged.

The said Charles Corbett was accordingly brought to the Bar; where he, on his Knees, begging Pardon for his Offence, and receiving a Reprimand from the Speaker, was discharged out of Custody, paying his Fees.

Low Wines and Spirits from Corn, to prohibit for a Time, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to prohibit, for a limited Time, the making Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Count. Ferrers's Petition, Consideration of adjourned.

The Order of the Day being read, for taking into Consideration the Petition of Mary Countess Ferrers; praying, "That Leave may be given to bring in a Bill, for a Separation from Earl Ferrers, her Husband, for Cruelty:"

The said Petition was read.

And Earl Ferrers was heard, in his Place; and concluded with desiring, "That some Lords might be named, to go to Lady Ferrers (as in the Earl of Anglesey's Case), to endeavour a Reconciliation; and, in case the refuses, that she might be sent for to the House, to give her Reasons for her Refusal."

Then it was moved, "That the said Earl might declare, whether he would insist upon Privilege in this Case."

And his Lordship desiring Time, till Thursday next, to consider of it:

Ordered, That the further Consideration of the said Petition be adjourned till Thursday next; and the Lords to be summoned.

Adm. Byng's Letter to the Admiralty, Motion for a Day to consider of it.

The House being moved, "That a Day may be appointed, to take into Consideration the Letter sent by Admiral Byng to the Lords of the Admiralty, after the Action in The Mediterranean, in order to compare the same with an Abstract of the said Letter printed in The Gazette:"

The same was objected to.

And it being also moved, "To adjourn:"

The same was agreed to.

Accordingly,

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 8^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shipston Toll Gate, &c. Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, One passed in the Third, and the other in the Seventeenth, Year of the Reign of His present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate, at Bridgtown in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickleton and Chipping Campden, to a Place called Andover's Ford, in the County of Gloucester," 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."

Whitgist Pasture, Enclesure, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgist Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgist aforesaid," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that they had heard Counsel against the said Bill, upon the Petition of Samuel Moore and others, which was referred to the Committee; as also Counsel for the Bill; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Jeffreys' Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Mary Jeffreys, the Wife of Jeffrey Jeffreys Esquire, a Lunatick, and the Committee or Committees of his Estate for the Time being, to make Leases of the Parts and Shares of the said Mary Jeffreys, of divers Lands, Tenements, and Hereditaments, in the County of Devon, devised by the Will of Sir William Morice, deceased, during the Continuance of the said Lunatick's Interest therein."

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. Elde and Mr. Burroughs:

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

Low Wines and Spirits from Corn, to prohibit for a Time, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prohibit, for a limited Time, the making Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Earlstone Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing, the Common, Open, and Arable Fields and Waste Grounds, in Earlstone, in the Parish of Burghcleare, in the County of Hants."

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

Their Lordships, or any Five of them; to meet on Tuesday the 15th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Vince's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estate of Henry Chivers Vince Esquire, deceased, in Trustees, to be sold, for raising Money, to discharge the Debts and Encumbrances directed to be paid by a Decree of the Court of Chancery."

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 23d Day of this Instant March, at the usual Time and Place; and to adjourn as they please.

Davison's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Messuages, Lands, and Hereditaments, Part of the Real Estate late of George Davison, deceased, in Trustees, to enable them to convey the same to the Purchasers or Mortgagees thereof, or unto such other Person or Persons as the Court of Chancery shall direct."

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.

Chafin's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estates of George Chafin the Elder and George Chafin the Younger, Esquires, in the Counties of Dorset and Somerset, for Payment of their Debts; and for rendering a Power in a certain Settlement therein mentioned, for making Jointures, more effectual; and for other Purposes."

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

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

Cheatham's Interest in Edystone Lighthouse, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Bill, intituled, "An Act for vesting the Estate and Interest late of Robert Cheatham Esquire, deceased, in the Duties granted by certain Acts of Parliament, for maintaining a Lighthouse on the Edystone Rock, in Trustees, in Trust to raise Money, to be applied towards re-building the said Light-house:"

It is Ordered, That the said Bill may be read a Second Time.

The said Bill was accordingly read a Second 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.

Bagster, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mill Bagster and Philip Bracebridge; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Tithes and Hereditaments, in the Isle of Wight, the Estate and Inheritance of Thomas Bagster a Lunatick, in Trustees, to be sold, for discharging Encumbrances affecting the same; and for other Purposes therein mentioned."

Respondent peremptorily to answer Buckworth's Appeal.

The House was informed, "That Barnaby Phelan, Respondent to the Appeal of John Buckworth Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Browne, of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Marine Forces, Regulation of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Lindsey & al. against Dalmahey & al.

Upon reading the Petition and Appeal of James Lindsay present Deacon, and James Mac Gill present Collector or Treasurer, of the Incorporation of Hammermen in the City of Glasgow in Scotland, for themselves, and in Behalf of the rest of the Members of the said Incorporation; complaining of Parts of Two Interlocutors of the Lords of Session in Scotland, of the 3d of December 1756, and 18th of February 1757; and praying, "That the same may be reversed, varied, or altered; and that the Appellants and the said Incorporation may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that John and Alexander Dalmahoy, Robert Marshall, James Dunlop Junior, Thomas Poter, James Douglas Junior, and William Bogle Junior, may be required to answer the said Appeal:"

It is Ordered, That the said John and Alexander Dalmahoy, Robert Marshall, James Dunlop Junior, Thomas Peter, James Douglas Junior, and William Bogle Junior, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 5th Day of April next; and Service of this Order upon any One of their Procurators or Agents in the Court below shall be deemed good Service.

Forsyth against Dunlop & al.

Upon reading the Petition and Appeal of John Forsyth Deacon, and John Dickie Collector or Treasurer, of the Incorporation of Cordiners in the City of Glasgow in Scotland, for themselves, and in Name and Behalf of the whole other Members of the said Incorporation; complaining of Parts of Two Interlocutors of the Lords of Session in Scotland, of the 3d of December 1756, and 18th of February 1757; and praying, That the same may be reversed, varied, or altered; and that the Appellants and the said Incorporation may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Goodness shall seem meet; and that James Dunlop Junior, James Douglas Junior, Thomas Poter, John Dalmaboy, Alexander Dalmahoy, and Robert Marshall, may be required to answer the said Appeal:"

It is Ordered, That the said James Dunlop Junior, James Douglas Junior, Thomas Poter, John Dalmahoy, Alexander Dalmahoy, and Robert Marshall, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 5th Day of April next; and Service of this Order upon any One of their Procurators or Agents in the Court below shall be deemed good Service.

Wolfhamcote Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Edmund Isham and others:

With a Bill, intituled, "An Act for dividing and enclosing certain Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, within the Parish of Wolfhampcote, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Thomsons Nat. Bill.

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

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

The said Bill was read the First Time.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chichester against E. of Donegall.

The Answer of Arthur Earl of Donegall in the Kingdom of Ireland, to the Appeal of Ann Chichester, who styles herself the Widow and Administratrix of John Chichester Esquire, her late Husband, deceased, was brought in.

Marine Forces, Regulation of, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Shipston Toll Gate, &c. Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, One passed in the Third, and the other in the Seventeenth, Year of the Reign of His present Majesty, for repairing the Road leading from a Gate called Shipston Toll Gate at Bridgtown in the Parish of Old Stratford in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill in the said County of Warwick; and also for repairing the Road leading from the First Mile Stone standing on the said Shipston Road, through a Lane called Clifford Lane, and through Mickleton and Chipping Campden, to a Place called Andover's Ford in the County of Gloucester."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Whitgift Pasture, Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgift Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgift aforesaid."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Elde and Mr. Waple:

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

Bagster's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Tithes and Hereditaments, in the Isle of Wight, the Estate and Inheritance of Thomas Bagster Esquire, a Lunatick, in Trustees, to be sold, for discharging Encumbrances affecting the same; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Thursday the 24th Day of this Instant March, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Thomsons Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Jacob Thomsons."

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.

Fysher, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Fysher Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the Title of William Welby Esquire to certain Lands and Hereditaments, in the County of Lincoln, purchased of Francis Fysher Esquire; and for vesting and settling other Estates of the said Francis Fysher, in the said County, upon the Trusts, and for the Purposes, therein mentioned."

Hertford and Ware Roads, Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Roads from the East End of the Town of Hertford in the County of Hertford, through Watton, to Broad Water, and from the Town of Ware, through Watton, to the North End of the Town of Walkern in the said County;" to which they desire the Concurrence of this House.

Governors of Charterhouse, Bill, Motion to dispense with the Standing Order.

The House being moved, "That the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act to enable the Governors of the Hospital of King James, founded in Charterhouse, to sell and convey the Manor of Blacktoft, and divers Lands and Tenements, in the County of York; and for laying out the Money arising thereby in the Purchase of other Lands and Tenements, for the Benefit of the said Hospital," stands committed, may be at Liberty to proceed on the said Bill, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Standing Order:"

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

His Majesty's Advocate against Forbes of Pitsligo.

After hearing Counsel in Part, in the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Forbes of Pitsligo Esquire Respondent:

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

Nuthall's Divorce, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Nuthall Gentleman with Lucy Scott his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and hearing Counsel thereupon, which is appointed for To-morrow, be put off to Friday next; and the Lords to be summoned.

Causes put off.

Ordered, That the Cause wherein His Majesty's Advocate for Scotland in Behalf of His Majesty is Appellant, and John Fraser of Gortuleg is Respondent, which stands appointed for Friday, be put off till Monday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 10^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Governors of Charterhouse, 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 of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act to enable the Governors of the Hospital of King James, founded in Charterhouse, to sell and convey the Manor of Blacktoft, and divers Lands and Tenements, in the County of York; and for laying out the Money arising thereby in the Purchase of other Lands and Tenements, for the Benefit of the said Hospital," stands committed, may proceed thereupon, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, to be settled in Lieu of that to be sold, as required by the said Standing Order:

And Consideration being had thereof accordingly:

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

His Majesty's Advocate against Forbes of Pitsligo:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Robert Dundas of Arniston Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty; complaining of an Inlocutor of the Lords of Session in Scotland, of the 6th of March 1756; and also of an Interlocutor of the Lord Ordinary, of the 10th of March 1756; and praying, That the same might be reversed or varied; and that the Appellant, on Behalf of His Majesty, might have such Relief in the Premises as to this House in their Lordships great Wisdom and Justice should seem meet:" As also upon the Answer of John Forbes Esquire, Claimant on the forfeited Estate of Pitsligo, 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 Interlocutors complained of in the said Appeal be, and the same are hereby, reversed; and that the Respondent's Claim be dismissed.

Montgomerie's Bill.

The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Lilias Montgomerie of Skelmorley to sell Lands in the County of Renfrew; and to lay out the Monies arising thereby in the Purchase of Lands contiguous to other Lands of the said Lilias Montgomerie in the County of Air; and for other Purposes therein mentioned," 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 said 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.

St. Luke's Poor, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for the ascertaining and collecting the Poors Rates, and for the better ordering and regulating the Poor, in the Parish of Saint Luke, in the County of Middlesex," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sutton Coldfield Park, Grant of, to Simon Luttrell, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act to empower the Warden and Society of King's Town of Sutton Coldfield, in the County of Warwick, to grant Part of a Common, called Sutton Coldfield Park, unto Simon Luttrell Esquire and his Heirs," 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."

E. of Coventry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George William Earl of Coventry and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of George William Earl of Coventry, in the County of Cambridge, in Trustees, in Trust to sell the same; and to lay out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, lying nearer to his Estate in the Counties of Worcester, Gloucester, and Warwick, to be settled to the Uses therein mentioned."

E. Dartmouth & al. Leave to petition for a Private Bill:

A Petition of the Right Honourable William Earl of Dartmouth and Frances Katherine Countess of Dartmouth his Wife, in Behalf of themselves and of the Right Honourable George Legge, commonly called Lord Viscount Lewisham, their Infant Son, and of Sir William Maynard Baronet, was presented, and read; setting forth, "That the Petitioners have agreed upon a Partition and Division of certain Estates therein mentioned, held by them in Moieties; which Partition, as they are advised, is necessary to be confirmed by Parliament; and the Petitioners being also advised that such Partition should be previously ratified by the Petitioners, by a proper Deed to be executed for that Purpose, the Petitioners could not procure such Deed to be executed by the necessary Parties thereto, before the Expiration of the Time limited by Order of this House for receiving Petitions for Private Bills;" and therefore praying, "That their Lordships would give Leave for presenting a Petition for Leave to bring in a Bill, for confirming the said Partition and Division."

Ordered, That the Petitioners have Leave to present a Petition for a Bill, as desired.

Petition referred to Judges.

Accordingly, a Petition of the Right Honourable William Earl of Dartmouth and Frances Katherine Countess of Dartmouth his Wife, in Behalf of themselves and of the Right Honourable George Legge, commonly called Lord Viscount Lewisham, their Infant Son, and of Sir William Maynard Baronet, was presented and read; praying Leave to bring in a Bill, for confirming and establishing a Partition and Division of certain Estates therein mentioned, pursuant to Agreement; and for the effectual carrying the said Agreement into Execution.

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 Denison; 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.

Countess Ferrers' Petition for a Bill of Separation:

The Order of the Day being read, for resuming the adjourned Consideration of the Petition of Mary Countess Ferrers; praying, "That Leave may be given to bring in a Bill, for a Separation from Earl Ferrers her Husband, for Cruelty:"

Earl Ferrers desired, "That the Entry in the Journal, of the 27th of February 1700, in the Case of the Earl of Anglesey, might be read."

And the same was read accordingly.

Then the said Earl desired, "That Four Lords might be sent to the Countess Ferrers, to acquaint her, That his Lordship is desirous she will return to him; and that he will receive her with great Kindness and Tenderness, and every Thing that has passed shall be forgot."

And his Lordship named the Earl of Huntingdon, the Earl of Westmorland, the Lord Ward, and the Lord Montjoy, for that Purpose.

And his Lordship declared, "He was willing to waive his Privilege, after the Countess's Answer shall be reported to the House."

Lords to attend the Countess, to endeavour to bring about a Reconcilianon.

Ordered, That the Earl of Huntingdon, the Earl of Westmorland, the Lord Ward, and the Lord Montjoy, do go to the Countess Ferrers, and acquaint her, That Earl Ferrers is desirous she will return to him; and that he will receive her with great Kindness and Tenderness, and every Thing that has passed shall be forgot;" and that their Lordships do report to the House the said Countes's Answer.

Ordered, That the further Consideration of the said Petition be adjourned till To-morrow; and the Lords to be summoned.

Hertford and Ware Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Roads from the East End of the Town of Hertford in the County of Hertford, through Watton, to Broadwater; and from the Town of Ware, through Watton, to the North End of the Town of Walkern in the said County."

D. of Devonshire takes she Oaths.

William Duke of Devonshire took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes