House of Lords Journal Volume 36
April 1780 21-30

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History of Parliament Trust

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1767-1830

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105-112

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'House of Lords Journal Volume 36: April 1780 21-30', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 105-112. URL: http://www.british-history.ac.uk/report.aspx?compid=116663 Date accessed: 30 September 2014.


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April 1780 21-30

DIE Lunæ, 24o Aprilis 1780.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Dux Bolton.
Dux Ancaster & Kesteven.
Comes Hertford, Camerarius.
Comes Denbigh.
Comes Westmorland.
Comes Rochford.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Ferrers.
Comes Gower.
Comes Temple.
Comes Northington.
Comes Radnor.
Comes Hillsborough.
Comes Mansfield.
Viscount Stormont.
Viscount Courtenay.
Ds. De Ferrars.
Ds. Onflow.
Ds. Sandys.
Ds. Walpole.
Ds. Scarsdale.
Ds. Amherst.

PRAYERS.

Stewart and Graham against Gardners:

After hearing Counsel this Day upon the Petition and Appeal of Marjory Stewart Sister and Representative of John Stewart, deceased, and of Patrick Graham, Mason in Cupar, her Husband, for his Interest; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 12th and 27th of January 1780; and praying, That the same might be reversed, varied or altered, and that the Interlocutor of the Lord Ordinary there, of the 25th of February 1779, might be affirmed, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Anne, Mary and John Gardner, and Thomas Gardner, Administrator of the said John Gardner, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Affirmed.

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

American Trade Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to allow the Exportation of Provisions, Goods, Wares and Merchandize from Great Britain, and all other Parts of His Majesty's Dominions, to such Towns, Ports, or Places in North America, which are or may be under the Protection of His Majesty's Government, Fleet, or Armies, and from such Towns, Ports, or Places to Great Britain, or any other Parts of His Majesty's Dominions, in the same Manner as before the passing of an Act, made in the Sixteenth Year of His present Majesty's Reign, intituled, "An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, the Three Lower Countries on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act made in the Fourteenth Year of the Reign of His present Majesty, to discontinue the landing and discharging, lading or shipping of Goods, Wares and Merchandize, at the Town and within the Harbour of Boston, in the Province of Massachusets Bay; and also Two Acts made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable any Person or Persons appointed and authorized by His Majesty, to grant Pardons, to issue Proclamations, in the Cases, and for the Purposes therein mentioned."

Then the following Amendment was made to the said Bill:

Pr. . L. . Leave out ("passing of this Act") and insert ("First Day of April One thousand seven hundred and eighty")

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

It was resolved in the Affirmative.

Message to H.C. with Amendments to it.

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

To return the said Bill, and acquaint them, That the Lords have agreed to the same with several Amendments, to which their Lordships desire their Concurrence.

Godin to take the Name of Bigot, Bill.

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

To return the Bill, intituled, "An Act to enable James Bigot Esquire, an Infant, (lately called James Godin) and the Heirs Male of his Body, and all other Persons who shall become entitled to the Estates, late of Peter Bigot Esquire, deceased, under the Limitations contained in his Will, to take and use the Surname of Bigot, pursuant to his said Will;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Walton Bridge Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey, and others:

With a Bill, intituled, "An Act for enlarging the Powers of an Act, made in the Twentieth Year of His late Majesty King George the Second, for building a Bridge cross the River Thames from the Parish of Walton upon Thames, in the County of Surrey, to Shepperton, in the County of Middlesex;" to which they desire the Concurrence of this House.

Rolls Estate leasing Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, "An Act to repeal an Act made in the Twelfth Year of the Reign of King Charles the Second, intituled, "The Master of the Rolls empowered to make Leases for Years, in order to new build the old Houses belonging to the Rolls;" and for the better regulating the Method of granting Leases of the said Rolls Estate for the future; and for making Compensation to the Earl of Macclesfield, and Sir Thomas Sewell, for their beneficial Rights and Interests in certain Leases made of the Rolls Estate; and for regulating the Method of making Leases of the said Estate for the future;" to which they desire the Concurrence of this House.

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

Office of Lord Great Chamberlain, Dutchess of Atholl's Petition relative to.

The Lord Viscount Stormont (by His Majesty's Command) presented to the House, A Petition of Charlotte Dutchess Dowager of Atholl and Baroness Strange, together with His Majesty's Reference thereof to this House; which Petition and Reference were read by the Clerk, and are as follow; (videlicet)

To the King's most Excellent Majesty;

The humble Petition of Charlotte Dutchess Dowager of Atholl and Baroness Strange,

Sheweth,

That your Petitioner is the lineal Descendant and Heir of Elizabeth De Vere, Daughter and Heir of Edward Earl of Oxford, Hereditary Great Chamberlain of England; which said Elizabeth was the Wife of William Earl of Derby:

That the said Edward Earl of Oxford left Issue, besides the said Elizabeth Countess of Derby, one Son Henry, afterwards Earl of Oxford, who died without Issue, and Two other Daughters:

That the said Elizabeth Countess of Derby being the Eldest Daughter of the said Edward and the Eldest Sister of the said Henry Earl of Oxford was, as your Petitioner conceives, entitled to the said Office of Great Chamberlain in case the same were descendible to Issue Female:

That the House of Lords having, upon a Reference of the several Petitions of Robert Lord Willoughby of Eresby, Robert Earl of Oxford, and of the said William and Elizabeth Earl and Countess of Derby, made to them by His late Majesty King Charles the First, Resolved,

That the Office of Great Chamberlain descended unto the Heir General of the last Earl of Oxford," who appears to have exercised the same in Right of his Mother:

Your Petitioner conceives that her Ancestor, the said Elizabeth Countess of Derby, ought to have been preferred before the said Robert Lord Willoughby of Eresby, in regard that the said Elizabeth was of the whole Blood to him in whom the said high Office or Dignity was first vested; and her being of the Half Blood to the said Henry the last Earl of Oxford, did not, as your Petitioner conceives, work any Disability in, or prevent her from being entitled to the Inheritance of this Honourable Dignity:

That Charles Earl of Derby, the Grandson of the said William and Elizabeth Earl and Countess of Derby, conceiving himself aggrieved by the said Judgement, did apply by Two several Petitions to His late Majesty King Charles the Second, for a Re-hearing of this Claim, who was graciously pleased to refer the same to the House of Lords; but for some Cause unknown to your Petitioner, and which does not appear on the journals of the House of Lords, the Reference was not proceeded in:

That the legal Right or Claim of exercising the said Honourable Dignity of Hereditary Great Chamberlain is in some Degree revived by the Petitions of Priscilla Barbara Elizabeth Baroness Willoughby of Eresby, and of Brownlow Duke of Ancaster and Kesteven, respectively claiming the said Office which Your Majesty has been pleased to refer to the House of Lords:

Your Petitioner, therefore, humbly prays, that Your Majesty will be graciously pleased to refer also to the Consideration of the House of Lords, the Right of the said Charlotte Dutchess Dowager of Atholl and Baroness Strange, to the said Honourable Dignity.

And your Petitioner shall ever pray, &c.

"C. Atholl and Strange."

St. James's, 24th April 1780.

His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Stormont."

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

Guldeford Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from the Town of Guldeford to the Directing Post near the Town of Farnham, in the County of Surrey," 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."

Goswell Street Paving Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing, lighting, watching and cleansing the High Street or Road called Goswell Street, leading from Aldersgate Bars, without Aldersgate, London, to the House of Woodhouse Coker Gentleman, near the Turnpike at the End of the said Street or Road, in the County of Middlesex; and also Bull Yard, Glasshouse Yard, the North Side of Fan's Alley, Mount Mill and Willow Court, contiguous to the said Street or Road, on the East and West Sides thereof; and for removing Nuisances therefrom, and preventing the like for the future," was committed.

Wokingham Road Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Thirty-second Year of King George the Second, for repairing and widening the Road from a Place called The Old Gallows, in the Parish of Sunning, in the County of Berks, through Wokingham, New Bracknowl and Sunning Hill, to Virginia Water, in the Parish of Egham, in the County of Surrey," was committed.

Militia Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain an Act of the last Session of Parliament, intituled, "An Act for augmenting the Militia;" and to declare valid and effectual the swearing-in and Enrolment of Militia Men, Substitutes and Volunteers, in Cases where all the Provisions of the several Acts now in being relative thereto have not been observed; and to indemnify Deputy Lieutenants, Chief Magistrates, and Justices of the Peace, for their Proceedings therein respectively."

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 the former Messengers:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 25o Aprilis 1780.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep.Ebor.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Petriburg.
Epus. Glocestr.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Dux Gloucester.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Comes Dartmouth, C. P. S.
Dux Richmond.
Dux Grafton.
Dux Beaufort.
Dux Bolton.
Dux Devonshire.
Dux Queensberry.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Northumberland.
Dux Montagu.
March. Lothian.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Derby.
Comes Pembroke & Montgomery.
Comes Exeter.
Comes Denbigh.
Comes Westmorland.
Comes Peterborough & Monmouth.
Comes Stamford.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Berkeley.
Comes Abingdon.
Comes Plymouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Eglintoun.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Aberdeen.
Comes Dunmore.
Comes Marchmont.
Comes Oxford.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Gower.
Comes Fitzwilliam.
Comes Powis.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes Fauconberg.
Comes Northington.
Comes Randnor.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Montague.
Viscount Townshend.
Viscount Stormont.
Viscount Wentworth.
Viscount Courtenay.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Audley.
Ds. Percy.
Ds. De Ferrars.
Ds. Willoughby Br.
Ds. Paget.
Ds. St. John Blet.
Ds. Clifton.
Ds. Craven.
Ds. Osborne.
Ds. Onslow.
Ds. Cadogan.
Ds. King.
Ds. Montfort.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Wycombe.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Camden.
Ds. Digby.
Ds. Sundridge.
Ds. Amherst.
Ds. Brownlow.
Ds. Rivers.

PRAYERS.

Molyneux's Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting Part of the Real Estates of Thomas More Molyneux Esquire, deceased, in Trustees to be sold, for Payment of such of his Debts and Legacies as now remain unsatisfied," 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.

Ickenham Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common Fields, within the Parish of Ickenham, in the County of Middlesex."

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

It was resolved in the Affirmative.

Wokingham Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Thirty-second Year of King George the Second, for repairing and widening the Road from a Place called The Old Gallows, in the Parish of Sunning, in the County of Berks, through Wokingham, New Bracknowel and Sunning Hill, to Virginia Water, in the Parish of Egham, in the County of Surrey."

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

It was resolved in the Affirmative.

Guldeford Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Thirty-first Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from the Town of Guldeford, to the Directing Post near the Town of Farnham, in the County of Surrey."

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

It was resolved in the Affirmative.

Goswell Street Paving Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing, lighting, watching and cleansing the High Street or Road called Goswell Street, leading from Aldersgate Bars, without Aldersgate, London, to the House of Woodhouse Coker Gentleman, near the Turnpike at the End of the said Street or Road, in the County of Middlesex; and also Bull Yard, Glasshouse Yard, the North Side of Fan's Alley, Mount Mill and Willow Court, contiguous to the said Street or Road, on the East and West Sides thereof; and for removing Nuisances therefrom, and preventing the like for the future."

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 Four preceding Bills.

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

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

Hilton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds, within the Manor and Hamlet of Hilton, in the Parish of Marston upon Dove, in the County of Derby;" to which they desire the Concurrence of this House.

Warminster, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting and laying in Severalty, the Open and Common Fields and Open Downs, within the Parishes of Warminster and Corsley, in the County of Wilts; and for dividing, allotting and enclosing the Common Meadows, Common Pastures and Waste Lands, within the said Parishes;" to which they desire the Concurrence of this House.

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

Walton Bridge Bill,

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Powers of an Act, made in the Twentieth Year of His late Majesty King George the Second, for building a Bridge cross the River Thames, from the Parish of Walton upon Thames, in the County of Surrey, to Shepperton, in the County of Middlesex."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Grafton.
D. Beaufort.
D. Bolton.
D. Devonshire.
D. Queensberry.
D. Portland.
D. Manchester.
D. Chandos.
D. Dorset.
D. Northumberland.
D. Montagu.
M. Lothian.
M. Rockingham.
Ld. Chamberlain.
E. Derby.
E. Pembroke & Montgomery.
E. Exeter.
E. Denbigh.
E. Westmorland.
E. Peterborough & Monmouth.
E. Stamford.
E. Sandwich.
E. Essex.
E. Carlisle.
E. Berkeley.
E. Abingdon.
E. Plymouth.
E. Scarbrough.
E. Rochford.
E. Coventry.
E. Jersey.
E. Cholmondeley.
E. Eglintoun.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Loudoun.
E. Aberdeen.
E. Dunmore.
E. Marchmont.
E. Oxford.
E. Ferrers.
E. Tankerville.
E. Aylesford.
E. Sussex.
E. Macclesfield.
E. Ker.
E. Waldegrave.
E. Ashburnham.
E. Gower.
E. Fitzwilliam.
E. Powis.
E. Egremont.
E. Temple.
E. Harcourt.
E. Fauconberg.
E. Northington.
E. Radnor.
E. Hillsborough.
E. Ailesbury.
E. Clarendon.
E. Mansfield.
V. Hereford.
V. Montague.
V. Townshend.
V. Stormont.
V. Wentworth.
V. Courtenay.
V. Dudley & Ward.
V. Hampden.
L. Abp. York.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Peterborough.
L. Bp. Gloucester.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
L. Bp. Bangor.
L. Bp. Oxford.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. St. Davids.
L. Le Despencer.
L. Audley.
L. Percy.
L. De Ferrars.
L. Willoughby Br.
L. Paget.
L. St. John Blet.
L. Clifton.
L. Craven.
L. Osborne.
L. Onslow.
L. Cadogan.
L. King.
L. Montfort.
L. Sandys.
L. Fortescue.
L. Ravensworth.
L. Ponsonby.
L. Walpole.
L. Wycombe.
L. Grantham.
L. Scarsdale.
L. Boston.
L. Pelham.
L. Camden.
L. Digby.
L. Sundridge.
L. Amherst.
L. Brownlow.
L. Rivers.

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

Rolls Estate leading Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Seventeenth Year of the Reign of His present Majesty, intituled, An Act to repeal an Act, made in the Twelfth Year of the Reign of King Charles the Second, intituled, The Master of the Rolls empowered to make Leases for Years, in order to new build the old Houses belonging to the Rolls;" and for the better regulating the Method of granting Leases of the said Rolls Estate for the future; and for making Compensation to the Earl of Macclesfield and Sir Thomas Sewell, for their beneficial Rights and Interests in certain Leases made of the Rolls Estate; and for regulating the Method of making Leases of the said Estate for the future."

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 Friday next.

Lords summoned.

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

Devon and Cornwall, Motion relative to Defence of, negatived.

The Order of the Day being read for the Lords to be summoned;

It was moved, "That this House will on this Day Seven-night resolve itself into a Committee of the whole House to enquire into the State of Defence of the Counties of Devon and Cornwall, at the Time when the combined Fleets of France and Spain appeared off their Coast in August last, and particularly into the Measures which had been taken previous to that Period, and while the Enemy's Fleet remained in the Channel, to put the Port and Dock Yard of Plymouth in a Condition to resist an Attack, if the Enemy had at that Time directed their Force towards that Port:"

And likewise, to enquire what Persons were responsible for the Security of Objects of such vast Importance to this Nation, and into the Manner of such Responsibility."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Negative.

Corn Exportation Bill.

Ordered, That the sitting of the Committee of the whole House upon the Bill, intituled, "An Act for allowing a Bounty on the Exportation of British Corn and Grain, in Ships, the Property of Persons of any Kingdom or State in Amity with His Majesty," which stands appointed for To-morrow, be put off to Friday next.

Office of Lord Great Chamberlain, Petitions relative to, put off.

It was Moved, "That the Order of the 18th Day of this Instant April, relating to the Office of Lord Great Chamberlain might be read;"

The same was accordingly read by the Clerk, as follows:

Ordered, That the Petition of Peter Burrell Esquire, and Lady Priscilla Barbara Elizabeth his Wife, Eldest Sister of the most Noble Robert Duke of Ancaster and Kesteven, Hereditary Lord Great Chamberlain of England, lately deceased, and Eldest Daughter of the most Noble Peregrine late Duke of Ancaster and Kesteven, and Hereditary Lord Great Chamberlain of England, deceased, praying, That His Majesty will be graciously pleased to permit the said Petitioner Peter Burrell to execute the said Office of the Lord Great Chamberlain of England, in Right of the Petitioner Lady Priscilla Barbara Elizabeth his Wife:"

And also, The Petition of the most Noble Brownlow Duke of Ancaster and Kesteven, and of the Right Honourable Lord Robert Bertie, Uncle of the said Duke, beseeching His Majesty, That He will be graciously pleased either to permit the Petitioner the said Brownlow now Duke of Ancaster, as the immediate Heir Male descended from the Line of the Veres Earls of Oxford, and his Heirs Male; and in Default of such Issue the Petitioner, the said Lord Robert Bertie, the next Male Heir of the same Line, and his Heirs Male, to use and enjoy the said Office of Great Chamberlain of England, by virtue of His Majesty's Royal Licence, with the Dukedom of Ancaster and Kesteven, or that His Majesty will be graciously pleased to grant the said Office to the Petitioners and their Heirs Male, to go along with the said Dukedom, taking such Place and Precedency only as is prescribed by Act of Parliament, or otherwise to do therein as His Majesty in His Wisdom and Justice may think meet; together with the Report of His Majesty's Attorney General thereupon, and also His Majesty's Reference thereof to this House, be taken into Consideration on Monday the 24th Day of this Instant April, and that the Counsel of the Petitioners be then heard at the Bar of this House upon the said Petitions; and that the Lords be summoned."

Ordered, That the said Order be discharged.

Ordered, That this House do take into Consideration the said Petitions on Thursday the 4th Day of May next, and that the Counsel of the Petitioners be then heard at the Bar of this House upon the said Petitions; and that Notice thereof be given to His Majesty's Attorney General; and that the Lords be summoned.

Adjourn.

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

DIE Veneris, 28o Aprilis 1780.

Domini tam Spirituals quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Exon.
Epus.Meneven.
Comes Bathurst, Præses.
Dux Richmond.
Dux Grafton.
Dux Beaufort.
Dux Queensberry.
Dux Portland.
Dux Manchester.
Dux Dorset.
Dux Northumberland.
March. Rockingham.
Comes Pembroke & Montgomery.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Essex.
Comes Carlisle.
Comes Berkeley.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Aberdeen.
Comes Marchmont.
Comes Oxford.
Comes Ferrers.
Comes Ker.
Comes Waldegrave.
Comes Gower.
Comes Fitzwilliam.
Comes Northington.
Comes Radnor.
Comes Hillsborough.
Comes Clarendon.
Comes Mansfield.
Viscount Montague.
Viscount Townshend.
Viscount Stormont.
Viscount Courtenay.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. De Ferrars.
Ds. Willoughby Br.
Ds. Clifton.
Ds. Onslow.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Walpole.
Ds. Wycombe.
Ds. Scarsdale.
Ds. Pelham.
Ds. Camden.
Ds. Digby.
Ds. Amherst.
Ds. Brownlow.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Walton Bridge Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Powers of an Act, made in the Twentieth Year of His late Majesty King George the Second, for building a Bridge cross the River Thames, from the Parish of Walton upon Thames, in the County of Surrey, to Shepperton, 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."

L. Walpole's Exchange Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for confirming and establishing an Exchange agreed to be made between the Right Honourable Horatio Lord Walpole and Thomas William Coke Esquire, of divers Lands in the County of Norfolk, comprized in the Marriage Settlement of the said Horatio Lord Walpole, and devised by the Will of Thomas Earl of Leicester deceased; and for settling the Lands given in Exchange to each Party, to such and the same Uses, as the Lands for which the same are exchanged, stood settled and limited," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto:" which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Molyneux's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Real Estates of Thomas More Molyneux Esquire, deceased, in Trustees to be sold, for Payment of such of his Debts and Legacies as now remain unsatisfied."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Hilton Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Common Fields, Common Meadows, Common Pastures, Commons and Waste Grounds, within the Manor and Hamlet of Hilton, in the Parish of Marston upon Dove, in the County of Derby."

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

Ld. President.
D. Richmond.
D. Grafton.
D. Beaufort.
D. Queensberry.
D. Portland.
D. Manchester.
D. Dorset.
D. Northumberland.
M. Rockingham.
E. Pembroke & Montgomery.
E. Denbigh.
E. Westmorland.
E. Stamford.
E. Essex.
E. Carlisle.
E. Berkeley.
E. Abingdon.
E. Scarbrough.
E. Rochford.
E. Jersey.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Aberdeen.
E. Marchmont.
E. Oxford.
E. Ferrers.
E. Ker.
E. Waldegrave.
E. Gower.
E. Fitzwilliam.
E. Northington.
E. Radnor.
E. Hillsborough.
E. Clarendon.
E. Mansfield.
V.Montague.
V. Townshend.
V. Stormont.
V. Courtenay.
V. Dudley & Ward.
V. Hampden.
L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. Exeter.
L. Bp. St. Davids.
L. Le Despencer.
L. De Ferrars.
L. Willoughby Br.
L. Clifton.
L. Onslow.
L. Fortescue.
L. Ravensworth.
L. Walpole.
L. Wycombe.
L. Scarsdale.
L. Pelham.
L. Camden.
L. Digby.
L. Amherst.
L. Brownlow.

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

Warminster, &c. Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting and laying in Severalty, the Open and Common Fields and Open Downs, within the Parishes of Warminster and Corsley, in the County of Wilts; and for dividing, allotting and enclosing the Common Meadows, Common Pastures and Waste Lands, within the said Parishes."

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.

Copley's Bill, Petition relative to Consents:

Upon reading the Petition of Thomas Copley Esquire, George Healey Gentleman, Robert Deighton, John Silvester Smith Esquire, Godfrey Wolley Clerk, John Woodyeare Esquire, and George Cooke Clerk; setting forth, "That a Bill hath been brought into, and is now depending before their Lordships, at the Instance of the Petitioners for vesting Part of the Freehold Estates of the Petitioner Thomas Copley, in Trustees, for a Term of One thousand Years, in Trust to raise by way of Mortgage thereof, the Sum of One thousand four hundred and seventy-eight Pounds Nineteen Shillings and Three-pence, being the Costs taxed under a Decree of the Court of Chancery, in Two Causes, one between the said Thomas Copley Plaintiff, and the said George Healey and others, Defendants ; and the other between the said George Healey Plaintiff, and the said Thomas Copley Defendant; and thereby ordered to be raised by Mortgage of Part of the Estates in Question, in the Cause, and paid to the Petitioners and to Henry Cooke Esquire, since deceased: That at the Committee to which the above Bill stands referred, the Petitioners did not attend personally to consent thereto, but Proof upon Oath being offered to the Committee of the Petitioners, and of the Guardian of John Cooke an Infant, the only other Party interested, having signed a printed Bill, signifying their Consents thereto, their Lordships were of Opinion that they could not receive such Evidence, it being contrary to a Standing Order of this House for the Committee to take any Notice of the Consent of any Person to the passing a Private Bill, unless such Person appear before them: That the Petitioners and the Guardian of the said John Cooke, being Eight in Number, and living some in and near Doncaster, in Yorkshire, others in Lincolnshire, and some in Nottinghamshire, cannot attend personally, but at a very great Expence and Inconvenience to signify their Consents to the said Bill passing into a Law:" The Petitioners therefore hope, "That when their Lordships take into their Consideration, that the Bill is merely to carry Part of a Degree of the Court of Chancery, into Execution, which gives the Petitioners a Right to have the Costs raised and paid to them, that the Petitioners Parties live in different Places, remote from each other, and at a great Distance, and cannot therefore attend but at a very great Expence to give their Consents in Person, their Lordships will be pleased to dispense with the Standing Order of this House above mentioned, and to permit the Committee to whom the said Bill is referred, to proceed upon the same, notwithstanding the said Order:"

It is Ordered, That the said Petition do lie on the Table.

Standing Order 94. to be considered thereon.

And it being moved, "That the Standing Order No. 94. so far as it relates to this Bill, might be dispensed with:"

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

Marshal against Cunningham & Co.

A Petition of William Marshal, Appellant in a Cause depending in this House, to which Messieurs Cunningham and Company are Respondents, which stands appointed for hearing, was presented and read; setting forth, That the Petitioner's Exhibits and other material Papers in this Cause, not being yet arrived from Scotland," the Petitioner therefore most humbly prays their Lordships, " to put off the Hearing for Eight Days:"

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Friday the Fifth Day of May next.

Rolls Estate leasing Bill,

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, " An Act to explain and amend an Act made in the Seventeenth Year of the Reign of His present Majesty, intituled, " An Act to repeal an Act made in the Twelfth Year of the Reign of King Charles the Second, intituled, " The Master of the Rolls empowered to make Leases for Years, in order to new build the old Houses belonging to the Rolls;" and for the better regulating the Method of granting Leases of the said Rolls Estate for the future; and for making Compensation to the Earl of Macclesfield and Sir Thomas Sewell for their beneficial Rights and Interests in certain Leases made of the Rolls Estate; and for regulating the Method of making Leases of the said Estate for the future."

After some Time, the House was resumed:

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

Corn Exportation Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for allowing a Bounty on the Exportation of British Corn and Grain, in Ships, the Property of Persons of any Kingdom or State in Amity with His Majesty;"

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

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

Oldswinford Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several Commons and Waste Lands in the Parish of Oldswinford, in the County of Worcester;" to which they desire the Concurrence of this House.

Wines and Vinegar Duty Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several additional Duties upon Wines and Vinegar imported into this Kingdom;" to which they desire the Concurrence of this House.

Stamp Duty Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several additional Duties on Advertisements, and certain Duties on Receipts for Legacies, or for any Share of a Personal Estate, divided by force of the Statute of Distributions, or the Custom of any Province or Place;" to which they desire the Concurrence of this House.

Grenada Goods Protection Bill.

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

With a Bill, intituled, " An Act to protect Goods or Merchandize of the Growth, Produce or Manufacture of the Islands of Grenada and the Grenadines, on board Neutral Vessels bound to Neutral Ports, during the present Hostilities;" to which they desire the Concurrence of this House.

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

Lord Great Chamberlain, E. Percy's Petition claiming Office.

The Earl of Hillsborough (by His Majesty's Command) presented to the House, A Petition of Hugh Baron Percy, commonly called Earl Percy; together with His Majesty's Reference thereof to this House; which Petition and Reference were read by the Clerk, and are as follow; (videlicet)

To the King's most Excellent Majesty;

The humble Petition of Hugh Baron Percy commonly called Earl Percy;

Sheweth,

That John de Vere, the Fourteenth Earl of Oxford, died in 1526, without Issue, seized of the Office of Great Chamberlain of England, and of the Baronies of Bolbeck, Saundford and Badlesmere, to him and his Heirs, which Earl had Three Sisters; and that Your Petitioner is Heir General to him, being descended from Dorothy his eldest Sister, and is therefore entitled, he apprehends, to the Office before mentioned, notwithstanding it was exercised by the Earls of Oxford, the Heirs Male, till the First of Charles the First, when on the Death of Henry the Eighteenth Earl, a Contest arose concerning the Earldom, the Baronies and the Office of Great Chamberlain, which was terminated by the House of Lords, Adjudging that the Baronies were in Abeyance amongst the Co-heirs of John the Fourteenth Earl of Oxford, the Office in the Heirs General of Henry the Eighteenth Earl, and the Earldom in his Heirs Male:

That Your Petitioner's Ancestor, the Earl of Northumberland, was not a Party to that Proceeding, probably owing to a previous Imprisonment of Sixteen Years Continuance, and to a subsequent Retirement for Life:

That Your Petitioner is advised the Office ought to descend in the same Manner as the Baronies did, and that your Petitioner is therefore entitled to the same:

That in regard Your Majesty has been pleased to refer to the Consideration of the House of Lords the Petitions of Elizabeth Baroness Willoughby de Eresby, and of Peter Burrell Esquire, her Husband, and of the Duke of Ancaster and of Charlotte Dutchess of Atholl and Baroness Strange, severally claiming to be entitled to the said Office;

Your Petitioner humbly prays, that Your Majesty would be graciously pleased to refer also the Claim of the Petitioner, that his Case may at the same Time be taken into the Consideration of the House of Lords.

And Your Petitioner shall ever pray, &c.

"Percy."

St.James's, April 27th, 1780.

His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

"Hillsborough."

Militia Qualifications, Address for Account of.

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

The Order of the Day being read for the Lords to be summoned:

It was moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to direct the Lieutenants of the several Counties of England and Wales to deliver to One of His Majesty's Secretaries of State, in order to their being laid before this House, "An Account of what Proceedings have been had in pursuance of so much of an Act of the last Session of Parliament, intituled, An Act to explain, amend and render more effectual, the several Laws now in being relative to the Militia Forces of this Kingdom, and for making certain Provisions relative to the Fencible Men in that Part of Great Britain called Scotland," as directs the Removal of those Officers serving in the Militia who shall have neglected, for the Time therein mentioned, to enrol their respective Qualifications and the Notification of such Removal."

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Maii jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.