House of Lords Journal Volume 29: April 1757, 1-10

April 1757, 1-10

DIE Veneris, 1^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Recruiting Act, Mistake in, to rectify, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to rectify a Mistake in an Act passed this Session of Parliament, intituled, An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."

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.

Crie & al. Magistrates of Perth, against Smith & al.

After hearing Counsel, upon the Petition and Appeal of James Crie Esquire Provost, William Stewart Dean of Guild, Robert Robertson, James Beveridge, James Paton, and James Matthew, Baillies of the Borough of Perth, and other Members of the Town Council of Perth, for themselves, and as representing the other Inhabitants of the Borough; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the First of February 1757, made on the Behalf of David Smith of Methven, Patrick Campbell of Monzie, and David Moncrieff of Crai gie, Justices of the Peace for the County of Perth, and Three of the Trustees appointed by an Act of the 26th of His present Majesty's Reign, for repairing the Road from The North Queensferry, through the Town of Inverkeithing and Kenross, to the Town of Perth, &c. and praying, "That the same might be reversed or varied; and that the Appellants might have such Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of the said David Smith, Patrick Campbell, and David Moncrieff, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

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 so much of the said Interlocutor as is therein complained of be, and the same is hereby, affirmed.

Bills passed by Commission.

The Speaker acquainted the House, "That His Majesty had been pleased to grant a Commission to his Royal Highness the Duke of Cumberland, and several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses."

Then the House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners (in their Robes) being seated on a Form placed between the Throne and the Woolfack; the Lord Sandys, Speaker, in the Middle; with the Duke of Marlborough on his Right Hand; and the Duke of Dorset on his Left; commanded the Deputy Gentleman Usher of the Black Rod to signify to the Commons, "That the Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker; the Lord Sandys said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses, the Titles whereof are particularly mentioned; and, by the said Commission, hath commanded us, in His Absence, to declare and notify His Royal Assent to the said several Acts in this House, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

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

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts, agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act to amend an Act made in the Twenty-ninth Year of the Reign of His present Majesty, intituled, An Act to render more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George, to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages; and also an Act passed in the Thirteenth Year of the Reign of His said late Majesty, for the better Regulation of the Woollen Manufacture, and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forfeiture appointed by the aforesaid Act, in case of Payment of the Workmens Wages in any other Manner than in Money:" "An Act for making the River Blyth navigable, from Halesworth Bridge, in the County of Suffolk, into the Haven of Southwold:" "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:" "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:" "An Act for repairing and widening the Road from Markfield Turnpike in the County of Leicester, over Charley otherwise Charnwood Forest, through the Town of Whitwick; and from thence, through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch in the said County comes in from Ryley Lane, near to a Place called Snape Gate:" "An Act for amending, widening, making commodious, and keeping in Repair, the Road from The Cross Keys, otherwise Bricker's Barn, in the Parish of Corsham in the County of Wilts, to Bath Easton Bridge in the County of Somerset:" "An Act for repairing and widening the Road from Towcester, through Sylverston and Brackley in the County of Northampton, and Ardley and Middleton Stoney, to Weston Gate in the Parish of Weston on the Green in the County of Oxford:" "An Act for amending, widening, and keeping in Repair, the Road from the Town of Hitchin in the County of Hertford, through the Town of Shefford and Carrington Cotton End, to a Lane opposite a Farm-house called Saint Leonard's, leading into the Turnpike Road from St. Alban's to the Town of Bedford; and also the Road from the Turning out of the aforesaid Road into Henlow Field, to Gerford Bridge; and also the Road from the Town of Henlow, over Henlow Bridge, to Arlesey in the County of Bedford:" "An Act for amending, widening, and keeping in Repair, the Road leading from Burleigh Bridge in the Town of Loughborough to Ashby de la Zouch in the County of Leicester:" "An Act for varying and postponing certain Limitations in a Grant made by King Charles the Second, of a Duty on Coals shipped in the River Tyne, to Charles late Duke of Richmond and Lenox; and for enabling the present Duke of Richmond, Lenox, and Aubigny, to make a Jointure, on his intended Marriage with Lady Mary Bruce:" "An Act for settling a certain Yearly Sum upon the Right Honourable Ann Fitzroy, commonly called Countess of Euston, Wife of the Right Honourable Augustus Fitzroy Esquire, commonly called Earl of Euston, out of certain Yearly Pensions issuing out of the Hereditary Revenue of the Excise, and comprized in certain Letters Patent, bearing Date the Two and Twentieth Day of October in the Twenty-sixth Year of the Reign of King Charles the Second, in Part of the Jointure agreed to be secured to her, upon her Inter-marriage with the said Right Honourable Augustus Fitzroy Esquire, commonly called Earl of Euston:" "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 Light-house on The Edystone Rock, in Trustees, in Trust to raise Money, to be applied towards re-building the said Light-house:" "An Act to empower the Warden and Society of The 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:" "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:" "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of Straglethorpe, 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 Straglethorpe aforesaid:" "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:" "An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Township of Piddington, in the County of Oxford:" "An Act for dividing and enclosing certain Common Pastures and Common Grounds, in the Manor and Parish of Wingerworth, and in the Hamlet of Tupton, in the Parish of North Wingfield, respectively, in the County of Derby:" "An Act to enable Thomas Turner Esquire and his Issue to take and use the Surname and Arms of Payler:" "An Act for naturalizing John Jacob Thomsons." And albeit the said Acts, by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto; yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions, therein contained, and have fully agreed and assented to the said Acts; willing that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same: And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Sir John Willes Knight Chief Justice of Our Court of Common Pleas, Our Trusty and Well-beloved Sir Sidney Stafford Smithe Knight One of the Barons of Our Court of Exchequer, and Sir John Eardley Wilmot Knight One of the Justices of Our Court of King's Bench, Commissioners for the Custody of Our Great Seal of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain: And also commanding Our most Dear and Entirely-beloved Son and Faithful Counsellor William Duke of Cumberland; Our Right Trusty and Right Well-beloved Cousins and Counsellors John Earl Granville President of Our Council, Granville Leveson Earl Gower Keeper of Our Privy Seal; Our Right Trusty and Right Entirelybeloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, Charles Duke of Grafton Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, William Duke of Devonshire First Commissioner of Our Treasury, Charles Duke of Marlborough Master General of Our Ordnance, Archibald Duke of Argyll, Lionel Cranfield Duke of Dorset Master of Our Horse; Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl of Rochford Groom of Our Stole, Richard Earl Temple First Commissioner of Our Admiralty; and Our Right Trusty and Well-beloved Counsellor Samuel Lord Sandys, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And, finally, We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Thirtyfirst Day of March, in the Thirtieth Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke & Yorke."

Then the Lord Sandys further said,

"In Obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, we do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, that His Majesty has given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk of the Crown, at the Table, read the Titles of the Bills to be passed, severally, as follow:

"1. An Act to amend an Act made in the Twentyninth Year of the Reign of His present Majesty, intituled, An Act to render more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George, to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages; and also an Act passed in the Thirteenth Year of the Reign of His said late Majesty, for the better Regulation of the Woollen Manufacture; and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forfeiture appointed by the aforesaid Act, in case of Payment of the Workmens Wages in any other Manner than in Money."

"2. An Act for making the River Blyth navigable, from Halesworth Bridge, in the County of Suffolk, into the Haven of Southwold."

"3. 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."

"4. 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."

"5. An Act for repairing and widening the Road from Markfield Turnpike in the County of Leicester, over Charley otherwise Charnwood Forest, through the Town of Whitwick; and from thence, through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch in the said County comes in from Ryley Lane, near to a Place called Snape Gate."

"6. An Act for amending, widening, making commodious, and keeping in Repair, the Road from The Cross Keys, otherwise Bricker's Barn, in the Parish of Corsham in the County of Wilts, to Bath Easton Bridge in the County of Somerset."

"7. An Act for repairing and widening the Road from Towcester, through Silverston and Brackley in the County of Northampton, and Ardley and Middleton Stoney, to Weston Gate in the Parish of Weston on the Green in the County of Oxford."

"8. An Act for amending, widening, and keeping in Repair, the Road from the Town of Hitchin in the County of Hertford, through the Town of Shefford and Carrington Cotton End, to a Lane opposite a Farm-house called Saint Leonard's, leading into the Turnpike Road from St. Alban's to the Town of Bedford; and also the Road from the Turning out of the aforesaid Road into Henlow Field to Gerford Bridge; and also the Road from the Town of Henlow, over Henlow Bridge, to Arlesey in the County of Bedford."

"9. An Act for amending, widening, and keeping in Repair, the Road leading from Burleigh Bridge in the Town of Loughborough, to Ashby de la Zouch in the County of Leicester."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy le veult."

"10. An Act for varying and postponing certain Limitations in a Grant made by King Charles the Second, of a Duty on Coals shipped in the River Tyne, to Charles late Duke of Richmond and Lenox; and for enabling the present Duke of Richmond, Lenox, and Aubigny, to make a Jointure, on his intended Marriage with Lady Mary Bruce."

"11. An Act for settling a certain Yearly Sum upon the Right Honourable Ann Fitzroy, commonly called Countess of Euston, Wife of the Right Honourable Augustus Fitzroy Esquire, commonly called Earl of Euston, out of certain Yearly Pensions issuing out of the Hereditary Revenue of the Excise, and comprized in certain Letters Patent bearing Date the Two and Twentieth Day of October in the Twenty-sixth Year of the Reign of King Charles the Second, in Part of the Jointure agreed to be secured to her, upon her Inter-marriage with the said Right Honourable Augustus Fitzroy Esquire, commonly called Earl of Euston."

"12. 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 Light-house on The Edystone Rock, in Trustees, in Trust to raise Money, to be applied towards rebuilding the said Light-house."

"13. An Act to empower the Wardens and Society of The 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."

"14. 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."

"15. 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."

"16. An Act for dividing, alloting, and enclosing, the Common, Open, and Arable Fields and Waste Grounds, in Earlstone, in the Parish of Burghcleare, in the County of Hants."

"17. An Act for dividing and enclosing the Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Township of Piddington, in the County of Oxford."

"18. An Act for dividing and enclosing certain Common Pastures and Common Grounds, in the Manor and Parish of Wingerworth, and in the Hamlet of Tupton in the Parish of North Wingfield, respectively, in the County of Derby."

"19. An Act to enable Thomas Turner Esquire and his Issue to take and use the Surname and Arms of Payler."

"20. An Act for naturalizing John Jacob Thomsons."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Commons withdrew.

And the House was adjourned during Pleasure.

The House was resumed.

Warwick Shire Hall, to rebuild, Bill.

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

With a Bill, intituled, "An Act for re-building, and keeping in Repair, the Shire-Hall of the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. Crawfurd & al. against Glasfuid & al.:

A Petition of the Earl of Crawfurd and Hugh Crawfurd Esquire, Appellants in a Cause depending in this House, wherein James Glasfurd and John Ure are Respondents, was presented, and read; setting forth, "That this Cause hath been lately referred to Arbitrators, and the Parties expect an End will be made thereof by the Award to be given upon the Reference;" and therefore praying, "That the Hearing thereof, which is appointed for Friday next the 8th Instant, may be put off till next Session of Parliament."

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

And being withdrawn:

Hearing put off till next Session.

Ordered, That the Hearing of the said Cause be put off till next Session of Parliament, as desired.

Sharpe against Maxwell Lord Farnham:

Upon reading the Petition of William Sharpe Esquire, Appellant in a Cause depending in this House, wherein John Lord Farnham of the Kingdom of Ireland is Respondent, which, by Order of this House of the 23d of March last, was set down to be heard after all the Causes already appointed; setting forth Proceedings at Law between the Parties ever since the Year 1733; and praying, "In regard to the particular Circumstances of this Case, and the long Litigation it hath undergone, and a vacant Day offering by a Cause being this Day put off till the next Session; that their Lordships would be pleased to order the Petitioner's Cause to be set down to be heard on the said vacant Day, or such other Day as to their Lordships shall seem meet:"

Hearing brought forward.

It is Ordered, That the said Cause be set down to be heard on the said vacant Day, in the Place of the said Cause so put off till the next Session of Parliament.

Keeper of Newgate to bring George King to the Bar.

Upon reading the Petition of George King (who, by Order of this House of the 15th of December last, was fined in the Sum of Fifty Pounds, and committed Prisoner to Newgate for the Space of Six Months, and until he pay the said Fine, for being concerned in printing and publishing a spurious and forged printed Paper, intituled, "His Majesty's most Gracious Speech to both Houses of Parliament"); expressing the utmost Abhorrence of his Crime, and his Sorrow and Contrition for having offended their Lordships, and humbly imploring Forgiveness; and, "That their Lordships would be graciously pleased to take his miserable Case into Consideration, and, out of their known Clemency, to remit his Fine; otherwise he must die in Gaol, and his Wife and Two small Children inevitably perish:"

It is Ordered, That the Keeper of Newgate do bring the said George King to the Bar of this House, on Monday next.

North Mims and Northaw Boundaries, D. Leeds & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Duke of Leeds and John Leman Esquire; 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 to ascertain, establish, and confirm, the Boundaries of the Manors and Parishes of North Mims and Northaw, so far as the same extend to and upon the several Commons called North Mims and Northaw Common, in the County of Hertford."

Bridge over The Ribble, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building the Bridge over the River Ribble, between the Townships of Preston and Penwortham, near a Place called The Fish-house, in the County Palatine of Lancaster."

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

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

Vince's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, 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," 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 several Amendments thereto."

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

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

Causes removed.

Ordered, That the Cause wherein John Marquis of Tweeddale and His Majesty's Advocate for Scotland on Behalf of His Majesty are Appellants, and John Dundass Esquire is Respondent, which stands appointed for Monday next, be put off to Wednesday the 20th Instant; and that all the other Causes be removed in Course.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

North Mims and Northaw Boundaries, D Leeds & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to ascertain, establish, and confirm, the Boundaries of the Manors and Parishes of North Mims and Northaw, so far as the same (fn. 2) extend to and upon the several Commons called North Mims and Northaw Common, in the County of Hertford."

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 19th Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Wolfhampcote Enclosure, Bill.

The Earl of Warwick reported from the Lords Committees to whom the 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," 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."

Fulford Enclosure, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Fields, Meadows, and Pastures, in the Manor of Fulford, in the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sir J. Shaw's Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Sir John Shaw Baronet to make a Partition, during the Minority of John Shaw his Infant Son, of certain Premises devised to him by the Will of Dame Anna Maria Shaw Widow, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made One Amendment thereto."

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

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

Vince's Bill:

Hodie 3^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."

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. Waple and Mr. Holford:

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

Bishopthorpe Enclosure, Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the 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."

And the said Amendments, being read Three Times by the Clerk, were agreed to by the House.

And a Message was sent to the House of Commons, by the same Messengers, to acquaint them therewith.

Recruiting Act, Mistake in, to rectify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to rectify a Mistake in an Act passed this Session of Parliament, intituled, An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."

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."

George King repriman sed, for printing a spurious Paper, intituled, "His Majesty's Speech:"

The House being informed, "That the Deputy Keeper of Newgate attended, with his Prisoner George King, pursuant to the Order of Friday last:"

The said George King was brought to the Bar; where he, on his Knees, begging Pardon for his Offence, and humbly imploring Forgiveness and Mercy, was reprimanded by the Speaker; and then he was directed to be taken from the Bar.

Discharged, and his Fine remitted.

Ordered, That the Fine of Fifty Pounds, imposed on the said George King by the Order and Judgement of this House of the 15th of December last, be remitted; and that he be discharged out of Newgate, paying his Fees; and this shall be a sufficient Warrant in that Behalf.

To the Keeper of Newgate, his Deputy or Deputies, and every of them.

Adjourn.

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

DIE Martis, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Robinson against Robinson.

The Answer of Edmund Robinson Esquire, to the Appeal of William Robinson Clerk, was brought in.

Pocklington Enclosure, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing and rendering effectual Articles of Agreement, for dividing and enclosing the Open Fields and Common Grounds in Pocklington, in the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

West Matsen Enclosure, Bill.

The Earl of Northumberland reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Town Fields of West Matsen, and a small Common or Waste Ground thereto adjoining, in the County of Northumberland," 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."

Strensall Enclosure, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing a Parcel of Common Ground, in the Manor of Strensall, in the County of York; and for giving a Compensation to the Prebendary of Strensall aforesaid, and his Farmer, and the Vicar of Strensall, in Lieu of their respective Tithes and Ecclesiastical Dues out of the said Parcel of Ground," 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.

Newcastle to Belford, Roads, Bill.

The Earl of Northumberland reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers, granted by an Act passed in the Twentieth Year of the Reign of His present Majesty, for repairing the High Road leading from the North End of The Cow Cawsey near the Town of Newcastle upon Tyne to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland, and for making the same more effectual," 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."

Sir John Shaw's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower Sir John Shaw Baronet to make a Partition, during the Minority of John Shaw his Infant Son, of certain Premises devised to him by the Will of Dame Anna Maria Shaw Widow, deceased."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Fulford Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Fields, Meadows, and Pastures, in the Manor of Fulford, in the County of York."

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

It was Resolved in the Affirmative.

Wolshampcote Enclosure, Bill:

Hodie 3^a vice lecta est Billa, 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."

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

It was Resolved in the Affirmative.

Recruiting Act, Mistake in to rectify, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to rectify a Mistake in an Act passed this Session of Parliament, intituled, An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."

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 Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the same Messengers:

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

Ward's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Guardian of Charles Ward, an Infant, to sell and convey Part of his Estate, in the County of Warwick, pursuant to an Agreement with the Right Honourable Francis Earl Brooke; and for applying the Purchase-money in Discharge of Encumbrances affecting the same."

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

Their Lordships, or any Five of them; to meet on Wednesday the 27th Day of this Instnat April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Message from H. C. to return Lord Irwin's Bill.

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

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Alconbury Hill, and other Roads, Bill.

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

With a Bill, intituled, "An Act for explaining and amending several Acts of Parliament, for repairing the Roads between a Place called The White Post on Alconbury Hill and Wansford Bridge in the County of Huntingdon, and between Norman Cross Hill in the said County and the City of Peterborough, with respect to the Elections of new Trustees, the Power of compelling Persons, employed by the Trustees in the Execution of such Acts, to deliver up such Bonds and Papers relating thereto as are in their Custody; and also to the Manner of summoning and holding the Meetings of the Trustees;" to which they desire the Concurrence of this House.

Reading Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, one passed in the Fourth Year of the Reign of His late Majesty King George, and the other in the Ninth Year of the Reign of His present Majesty, for repairing the Highways from Crown Corner in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts, and Southampton, to Basingstoke in the County of Southampton;" to which they desire the Concurrence of this House.

Wakefield, Doncaster, and other Roads, Bill.

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

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted by Two several Acts passed in the Fourteenth Year of His present Majesty; the one for repairing the Roads from a Place called The Red-house near Doncaster to Wakefield, and through the said Town of Wakefield, by Dewsbury Hightown and Lightcliffe, to the Town of Halifax in The West Riding of the County of York, and the other for repairing the Road from Wakefield to Pontefract, and from thence to a Place called Weeland in the Township of Hensall, and from Pontefract to Wentbridge in the Township of Darrington in The West Riding of the County of York;" to which they desire the Concurrence of this House.

The said Three Bills were severally read the First Time.

Hearle's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Mary Hearle Widow, Thomas Hearle Clerk, and John Rogers Esquire, Guardians of Margaret Hearle, Jane Hearle, Betty Hearle, and Harriet Hearle, Infants, to make Leases of several Estates in the County of Cornwall, and also Setts and Leases of the Mines therein, and to carry on Adventures, during the Minority of the said Infants," 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.

Hope Weir's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of the Honourable Charles Hope Weir Esquire with Ann Vane his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And Mr. De Grey appearing as Counsel for the Bill; but no Counsel appearing on Behalf of Lady Anne Hope Weir against it.

Edward Astley was produced, in order to prove Service of the Order for giving her Notice of this Proceeding; and, being sworn, acquainted the House, "That he served the Lady Ann Hope Weir, personally, at Brumpton, with the Order of this House for the Second Reading of the Bill; and, at the same Time, delivered her a Copy of the Bill."

And then he withdrew.

And the said Bill was read a Second Time.

Then Mr. De Grey was heard, in Support of the Bill, and to make out the Allegations thereof; and called

John Allen, to prove the Cohabitation of Mr. Hope Weir with Lady Ann; who, being sworn, acquainted the House, "That he went into Mr. Hope Weir's Service about Six Years ago, and was Footman to Lady Ann; and that they cohabited together as Man and Wife, and had Two Sons, who are both living and now at School at Durham; and that Lady Ann was in England all the Time Mr. Hope Weir was Abroad; and that she lived sometimes in Town, and sometimes in the Country at Durham at her Father's; and that she came from her Father's House in July last to London; and that she was then big with Child; and that, to the best of his Knowledge and Belief, the last Time Mr. Hope Weir saw her was about Three Years ago."

Then Thomas Dunn, who went Abroad with Mr. Hope Weir as his Servant, was called in; and, being sworn, gave an Account, "That he came into Mr. Hope Weir's Service on the 27th Day of September 1754, on which Day Mr. Hope Weir set out for Harwich, and lay there that Night, and then embarked for Helveotsluys, and went through Holland and Flanders to Paris, and from thence to Lyons, Marseilles, Toulon, Nice, and Genoa, and made the Tour of Italy, and staid in Italy till March 1756, and then went into Germany, and did not return to England till the last Day of May 1756, on which Day he landed at Dover; and that he was with him all the Time, and did not leave his Service till about a Fortnight ago; and, to the best of his Knowledge and Belief, Mr. Hope Weir did not see Lady Ann his Wife while he was in his Service."

Elizabeth Spoore was called in; and, being sworn, gave an Account of her being taken into Lady Ann's Service at Brumpton; and that she was big with Child, and went by the Name of Hamilton; and that she was brought to Bed of a Son on Saturday the 9th of October 1756, between 11 and 12 o'Clock at Night; and she was in the Room when she was delivered, and dressed the Child; and it was a very fine Child, and at its full Growth.

Then Elizabeth Walker was called in; and, being sworn, gave an Account, "That she was taken into Lady Ann Hope Weir's Service at Brumpton, the latter End of last Summer, and continued there about Fourteen Weeks; and that the Lady went by the Name of Hamilton; and that she was brought to Bed of a Son, she does not remember the Day of the Month, but it was on a Saturday Night between 11 and 12 o'Clock; and that she saw her brought to Bed, and the Child seemed to be at its full Growth."

Then John Homer, Man-Midwife, was called in; and, being sworn, gave an Account, "That he was sent for, some Time about Michaelmas last, to lay a Lady at Brumpton; and that he brought her to Bed of a Son, who was quite at its full Growth; that the Lady went by the Name of Hamilton; but her Servant has since told him she was Lady Ann Hope Weir; and that the Person the Servant so told him was Lady Ann Hope Weir was the same Person he delivered of a Child at Brumpton."

Then John Turnage, Servant to Lady Ann, was called in; and, being sworn, gave an Account, "That he has known Lady Ann these Twelve Years; and that he was the Person that took Doctor Homer to her, and told him she was Lady Ann Hope Weir."

Then William Skelton, Register of the Consistory Court of the Bishop of London, was called in, and sworn; and produced the Original Sentence of Divorce of the said Court, of the 28th of February last, against the said Lady Ann Hope Weir, for Adultery; and read the same at the Bar.

Being asked, "Whether the Lady appeared by Counsel to make any Defence?" Says, "Counsel appeared for the Lady, but no Witnesses were examined for her."

Being asked, "Whether any Appeal is brought against the said Sentence?" Says, "There is not."

Then Edward Rushworth, Register of the Court of Arches, was called in; and, being sworn, gave an Account, "That no Appeal against the said Sentence is lodged in the Court of Arches, which is the proper Court for an Appeal."

Then William Skelton was called in again, in order to prove the Lady's Renunciation of her Right of Appeal; and produced an Instrument, under the Hand and Seal of the Lady Ann Hope Weir, dated the 15th of March last, and which was exhibited on the 16th, whereby she renounces the Appeal of her Proctor; and read the same at the Bar.

The Evidence being finished, the Counsel was directed to withdraw.

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.

Mocho against Sallom; Writ of Error.

The House being moved, "That Thursday next may be appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error, wherein Martin Mocho is Plaintiff, and Charles Sallom Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Thursday next, as desired.

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 6^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bridge over the Ribble, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for re-building the Bridge over the River Ribble, between the Townships of Preston and Penwortham, near a Place called The Fish-house, in the County Palatine of Lancaster," 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."

Pryor's Marston, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Pryor's Marston, in the County of Warwick," 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."

Davison's Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, 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," 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.

Hearle's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Mary Hearle Widow, Thomas Hearle Clerk, and John Rogers Esquire, Guardians of Margaret Hearle, Jane Hearle, Betty Hearle, and Harriet Hearle, Infants, to make Leases of several Estates in the County of Cornwall, and also Setts and Leases of the Mines therein, and to carry on Adventures, during the Minority of the said Infants."

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. Waple and Mr. Holford:

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

Alconbury Hill and other Roads, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending several Acts of Parliament, for repairing the Roads between a Place called The White Post on Alconbury Hill and Wansford Bridge in the County of Huntingdon, and between Norman Cross Hill in the said County and the City of Peterborough, with respect to the Elections of new Trustees, the Power of compelling Persons employed by the Trustees in the Execution of such Acts to deliver up such Books and Papers relating thereto as are in their Custody; and also to the Manner of summoning and holding the Meetings of the Trustees."

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.

Wakefield, Doncaster, and other Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by Two several Acts passed in the Fourteenth Year of His present Majesty; the one, for repairing the Roads from a Place called The Red-house near Doncaster to Wakefield, and through the said Town of Wakefield, by Dewsbury High Town and Lightcliffe, to the Town of Halifax, in The West Riding of the County of York; and the other, for repairing the Road from Wakefield to Pontefract, and from thence to a Place called Weeland in the Township of Hensall, and from Pontefract to Wentbridge in the Township of Darrington in The West Riding of the County of York."

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

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

Reading Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, one passed in the Fourth Year of the Reign of His late Majesty King George, and the other in the Ninth Year of the Reign of His present Majesty, for repairing the Highways from Crown Corner in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts, and Southampton, to Basingstoke in the County of Southampton."

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.

West Matsen Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing the Open Town Fields of West Matsen, and a small Common or Waste Ground thereto adjoining, in the County of Northumberland."

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

It was Resolved in the Affirmative.

Strensall Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing a Parcel of Common Ground, in the Manor of Strensall, in the County of York; and for giving Compensation to the Prebendary of Strensall aforesaid and his Farmer, and the Vicar of Strensall, in Lieu of their respective Tithes and Ecclesiastical Dues out of the said Parcel of Ground."

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

It was Resolved in the Affirmative.

Pocklington Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual Articles of Agreement, for dividing and enclosing the Open Fields and Common Grounds in Pocklington, in the County of York."

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

It was Resolved in the Affirmative.

Newcastle to Beltord, Road Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twentieth Year of the Reign of His present Majesty, for repairing the High Road leading from the North End of The Cow Cawsey near the Town of Newcastle upon Tyne to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland; and for making the same more effectual."

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 ordered to be sent to House of Commons, by the former Messengers:

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

Aynscombe's Bill; Motion to dispense with a 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 for vesting the settled Estates of Lillie Smith Aynscombe Esquire and Valentina his Wife in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Freehold Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses; and for other Purposes in the said Act mentioned," 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.

Robinson against Hicks, alias Robinson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Robinson Clerk is Appellant, and Edmund Hicks alias Robinson is Respondent:"

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

His Majesty's Advocate against D. Gordon.

A Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein the Duke of Gordon is Respondent, which stands appointed to be heard on Tuesday the 19th Instant, was presented, and read; praying, "In regard the Cause is likely to be accommodated, that the same may be set down to be heard after all the Causes already appointed."

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

And being withdrawn:

Ordered, That the said Cause be set down to be heard on the First vacant Day for Causes after those already appointed.

Hope Weir's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of the Honourable Charles Hope Weir Esquire with Ann Vane his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

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

Ordered, That the Report be now received.

His Lordship accordingly reported the said Amendments.

And the same, being read Twice by the Clerk, were agreed to by the House.

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

Protection of the House granted to the Countess Ferrers.

Upon reading the Petition of Mary Countess Ferrers; setting forth, "That she gave Directions to her Proctor to cite Earl Ferrers in the Ecclesiastical Court; but, before the necessary Forms could be gone through, the said Earl did last Night come to the Earl of Westmorland's House, where she was for Protection, and did demand her; and that she is under great Apprehension that she is not safe in her Person;" and therefore praying, "That their Lordships would be pleased to grant her the Protection of this House for a Month, or such other Time as to their Lordships shall seem meet:"

It is Ordered, That the Protection of this House be granted to the said Countess Ferrers, for a Month, as desired by her Petition.

Ordered, That Earl Ferrers be served with a Copy of the said Order.

Adjourn.

Ds. Sandys, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 7^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bowes against E. of Shrewsbury et al.

The Answer of George Earl of Shrewsbury, Barbara Lady Dowager Aston, Charles Talbot, Charles Dormer, James Talbot, Thomas Talbot, Lucy Talbot, Dame Teresa Mostyn, Thomas Salvin and Mary his Wife, to the Appeal of George Bowes Esquire, was brought in:

As was also, the Answer of John Maire Esquire to the same Appeal.

Wakefield, Doncaster, and other 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 several Acts passed in the Fourteenth Year of His present Majesty; the one, for repairing the Roads from a Place called The Red-house near Doncaster to Wakefield, and through the said Town of Wakefield, by Dewsbury High Town and Lightcliffe, to the Town of Halifax in The West Riding of the County of York; and the other, for repairing the Road from Wakefield to Pontefract, and from thence to a Place called Weeland in the Township of Hensall, and from Pontefract to Wentbridge in the Township of Darrington in The West Riding of the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Alconbury Hill and other Road, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending several Acts of Parliament, for repairing the Roads between a Place called The White Post on Alconbury Hill and Wansford Bridge in the County of Huntingdon, and between Norman Cross Hill in the said County and the City of Peterborough, with respect to the Elections of new Trustees, the Power of compelling Persons employed by the Trustees in the Execution of such Acts to deliver up such Books and Papers relating thereto as are in their Custody; and also to the Manner of summoning and holding the Meetings of the Trustees," 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."

Reading Road, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, one passed in the Fourth Year of the Reign of His late Majesty King George, and the other in the Ninth Year of the Reign of His present Majesty, for repairing the Highways from Crown Corner, in the Town of Reading, leading by and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts, and Southampton, to Basingstoke in the County of Southampton," 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."

Chafins Bill.

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

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bishop Thornton Moor, to enclose, Bill.

The Earl of Fauconberg reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing Thornton otherwise Bishop Thornton Moor, Stinted Pasture, or Common, within the Manor of Bishop Thornton with Bishopside, in the County of York," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Warwick, Shire Hall, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building and keeping in Repair the Shire Hall of the County of Warwick."

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 21st Day of this Instant April, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Hore Weir's Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of the Honourable Charles Hope Weir Esquire with Ann Vane his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Davision's Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

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

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

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

Pryor's Marston Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Pryor's Marston, in the County of Warwick."

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

It was Resolved in the Affirmative.

Bridge over The Ribble, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for re-building the Bridge over the River Ribble, between the Townships of Preston and Penwortham, near a Place called The Fish-house, in the County Palatine of Lancaster."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

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

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

Bowes against E. Shrewsbury et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Bowes Esquire is Appellant, and George Earl of Shrewsbury and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by [ (fn. 3) Counsel, at the] Bar, on the First vacant Day for Causes after those already appointed.

Aynscombe's Bill; Standing Order dispensed with.

The Order of the Day was 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 for vesting the settled Estates of Lillie Smith Aynscombe Esquire and Valentina his Wife in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Freehold Lands, Tenements, and Hereditaments, to be settled and limited to the like Uses, and for other Purposes in the said Act mentioned." stands committed, may proceed thereupon, notwithstanding there is not yet an actual Agreement 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.

Mocho against Sallom, Writ of Error;

Whereas this Day was appointed, for hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the 16th Day of March last, wherein Martin Mocho is Plaintiff, and Charles Sallom is Defendant, in order to reverse a Judgement given in the Exchequer Chamber, affirming a Judgement given in the Court of King's Bench for the Defendant in Error; and Counsel appearing for the said Defendant, but no Counsel for the Plaintiff in Error, who made Default; It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Exchequer Chamber, affirming the said Judgement given in the Court of King's Bench, be, and the same is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of Two Hundred Pounds, for his Costs sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet,)

Judgement affirmed.

"On which Day, before the same Court of Parliament at Westminster, comes as well the said Martin Mocho as the said Charles Sallom, in their proper Persons; whereupon, all and singular the Premises being seen, and by the Court of Parliament aforesaid now here more fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereon given, as the said Causes and Matters by the said Martin Mocho above for Error assigned, being diligently examined and inspected; and mature Deliberation being thereon had; it seems to the Court of Parliament aforesaid now here, that there is no Error, either in the Record and Proceedings aforesaid, or in the Rendition of the Judgement aforesaid, or in the Affirmance of the same Judgement; and that the said Record is in no wise vicious or defective: Therefore it is considered, by the same Court of Parliament aforesaid, that the Judgement aforesaid, and also the Affirmance of the same Judgement, be in all Things affirmed, and in their full Force and Effect stand, the said Causes and Matters by the said Martin Mocho above for Error assigned in any wise notwithstanding: And it is further considered, by the same Court of Parliament aforesaid now here, that the said Charles Sallom do recover, against the said Martin Mocho, Two Hunddred Pounds, to the same Charles, with his Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute thereof made and provided, adjudged, for his Damages, Costs, and Charges, which he hath had by reason of the Delay of the Execution of the Judgement aforesaid, by Pretence of prosecuting of the said Writ of Error; and thereupon the Record aforesaid, as also the Proceedings aforesaid in the same Court of Parliament in the Premises had, by the same Court of Parliament, to the Court of the said Lord the King, before the King Himself, are remitted, &c."

Adjourn.

Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.