House of Lords Journal Volume 29: April 1760, 11-20

April 1760, 11-20

DIE Lunæ, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Greenwich Magazine, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for taking down and removing the Magazine for Gunpowder, and all Buildings thereto belonging, situate near Greenwich in the County of Kent, and erecting, instead thereof, a new Magazine for Gunpowder at Purfleet near the River of Thames in the County of Essex, and applying a Sum of Money granted in this Session of Parliament, towards those Purposes; and for obviating Difficulties arisen upon an Act made in the last Session of Parliament, for making Compensation for Lands and Hereditaments purchased for His Majesty's Service, at Portsmouth, Chatham, and Plymouth."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Harris:

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

Freeman's Bill.

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

To return the Bill, intituled, "An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates in the Counties of Wilts and Middlesex in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Melton Mowbray Common Bill.

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

With a Bill, intituled, "An Act for the dividing and enclosing the Open and Common Fields in the Parish of Melton Mowbray, in the County of Leicester;" to which they desire the Concurrence of this House.

Deanburnbridge and other Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from Deanburn Bridge, through Greenlaw and Part of the Jedburgh Road, by Lauder in the Shire of Berwick, to Cornhill in the County of Durham, and for building a Bridge over the River Tweed near Coldstream;" to which they desire the Concurrence of this House.

Consolidating Annuities, Bill.

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

With a Bill, intituled, "An Act for adding certain Annuities granted in the Year One Thousand Seven Hundred and Fifty-nine to the Joint Stock of Three per Centum Annuities consolidated by the Acts of the Twenty-fifth, Twenty-eighth, Twenty-ninth, and Thirty-second Years of His present Majesty's Reign; and for carrying the several Duties therein mentioned to the Sinking Fund; and for canceling such Lottery Tickets as were made forth in Pursuance of an Act of the Thirtieth Year of His present Majesty's Reign, and were not disposed of;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Stoke Goldington Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by several Acts of Parliament, of the Eighth Year of her late Majesty Queen Anne, the Ninth Year of His late Majesty King George the First, and the Fifteenth Year of His present Majesty's Reign, for repairing the Highways between the House commonly called The Horse-shoe House in the Parish of Stoke Goldington in the County of Bucks, and the Town of Northampton, and the Road from the North Bridge of Newport Pagnel in the County of Bucks to The Horse-shoe House."

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

It was Resolved in the Affirmative.

Wrotham Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for extending the Powers granted by an Act passed in the Twenty-fifth Year of the Reign of His present Majesty, for repairing the Road leading from The Royal Oak on Wrotham Heath to the Town of Wrotham in the County of Kent, and from thence to the Village of Foot's Cray in the said County to the Road leading from The Royal Oak on Wrotham Heath to the Town of Maidstone."

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

It was Resolved in the Affirmative.

Hayton Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and allotting certain Open Arable Fields, Meadow and Pasture Grounds and Commons, in the Township of Hayton in the County of Nottingham."

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

It was Resolved in the Affirmative.

Tamworth Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the High Road from the Borough of Tamworth to Ashby de la Zouch in the County of Leicester, and from Sawley Ferry in the said County to a Turnpike Gate at or near the End of Swarcliffe Lane leading to Ashby de la Zouch aforesaid."

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

It was Resolved in the Affirmative.

Ugglebarnby Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Moors, Commons, and Waste Grounds, in the Manors of Ugglebarnby and Eskdaleside, in the Parish of Whitby, in the County of York."

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 Five preceding Bills.

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

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

Halifax Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for diverting, altering, widening, repairing, and amending, the Roads from the Town of Halifax, and from Sowerby Bridge, in the County of York, by Todmorden to Burnley and Littleborough in the County 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 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.

Fen Lands, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for draining and preserving certain Fen Lands and Low Grounds, in the Isle of Ely and Counties of Suffolk and Norfolk, between Mildenhall River South, Plant Load and Brandon River North, bounded on the West by the River Ouse, and on the East by Winter Load, Earswell Brooke, and the Hard Lands of Mildenball; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to sell certain Fen Lands, lying within the Limits aforesaid, commonly called Invested Lands."

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

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

Adwicke Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Meadows, Commons, and Waste Grounds, within the Manor or Lordship of Adwicke in the Street; in the County of York."

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

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

Sir Mat. Fetherston, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Mathew Fetherston and Dame Sarah his Wife; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Mathew Fetherston Baronet, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof."

Message from H. C. to return Lethieallier's Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

To return the Bill, intituled, "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bills passed by Commission.

The Lord Keeper acquainted the House, "That His Majesty had been pleased to grant a Commission under the Great Seal, for declaring His Royal Assent to certain Acts agreed upon by both Houses."

The House was adjourned during Pleasure, for the Lords Commissioners to robe.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Keeper in the Middle; with the Lord Privy Seal on his Right Hand; and the Lord Anson on his Left; commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Keeper said,

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

"His Majesty, not thinking fit to be present here this Day in His Royal Person, has been pleased to cause a Commission to be issued under His Great Seal, and thereby given His Royal Assent to certain Acts, which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly set forth. His Majesty hath also, by the said Commission, authorized and commanded the said Commissioners, who are appointed by former Letters Patent to hold this Parliament, to declare and notify, in His Majesty's Absence, His Royal Assent to the said Acts, in this House, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read, 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 for preventing the excessive Use of Spirituous Liquors, by laying additional Duties thereon; for shortening the Prohibition of making Low Wines and Spirits from Wheat, Barley, Malt, or other Grain; and from Meal, Flour, and Bran; for encouraging the Exportation of British-made Spirits; and for more effectually securing the Duties payable upon Spirits, and preventing the fraudulent Re-landing or Importation thereof:" "An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned:" "An Act for taking down and removing the Magazine for Gun-powder, and all Buildings thereto belonging, situate near Greenwich in the County of Kent, and erecting, instead thereof, a new Magazine for Gunpowder at Purfleet near the River of Thames in the County of Essex; and applying a Sum of Money granted in this Session of Parliament towards those Purposes; and for obviating Difficulties arisen upon an Act made in the last Session of Parliament, for making Compensation for Lands and Hereditaments purchased for His Majesty's Service, at Portsmouth, Chatham, and Plymouth:" "An Act for extending and continuing the Navigation of the River Wey, otherwise Wye, in the County of Surrey, to the Town of Godalming in the said County:" "An Act for repairing several Roads leading to the Town of Oakhampton, in the County of Devon:" "An Act for repairing and widening the Road from the Turnpike Road near the West End of the Town of Chesterfield to Matlock Bridge; and also the Road leading out of the said Road over Darley Bridge to Cross Green; and also the Road leading out of the last-mentioned Road to the Turnpike Road near Rowesly Bridge, in the County of Derby:" "An Act for enlarging the Term and Powers granted by an Act made in the Twentyfifth Year of the Reign of His present Majesty, for repairing and widening the Road leading from Market Harborough in the County of Leicester, to the Pound in the Parish of Brampton in the County of Huntingdon; and by one other Act, made in the Twenty-seventh Year of the Reign of His present Majesty, for explaining, amending, and rendering more effectual, the said former Act:" "An Act for repairing and widening the High Roads from Haleworthy in the Parish of Davidstow in the County of Cornwall, to the East End of Wadebridge in the said County, and from the West End of Wadebridge aforesaid into and through the Borough of Mitchell in the said County:" "An Act for repairing and widening the High Roads from Hinckley to Woeful Bridge, and also from Hoo-Ash-Lane through Old Lane, and from Swannington to Lee Gutter, and from thence to Melbourn Common, and from Ibstock to Measham, in the Counties of Leicester and Derby:" "An Act for enlarging the Term and Powers of Two Acts, made in the Fifth Year of His late Majesty, and in the Ninth Year of His present Majesty's Reign, for repairing the Road from Beaconsfield in the County of Bucks, to Stoken Church in the County of Oxon:" "An Act for enlarging the Term and Powers contained in Two several Acts of Parliament, made in the Twelfth and Sixteenth Years of the Reign of His present Majesty, for repairing the Road from The Dun Cow in the Town of Dunchurch to the Town of Hill Morton in the County of Warwick, and from thence to Saint James's End in the Parish of Duston in the County of Northampton; and for making the same Acts more effectual:" "An Act for enlarging the Term and Powers granted by several Acts of Parliament, of the Eighth Year of Her late Majesty Queen Anne, the Ninth Year of His late Majesty King George the First, and the Fifteenth Year of His present Majesty's Reign, for repairing the Highways between the House commonly called The Horse-shoe House, in the Parish of Stoke Goldington in the County of Bucks, and the Town of Northampton; and the Road from the North Bridge of Newport Pagnel in the County of Bucks to The Horse-shoe House:" "An Act for extending the Powers granted by an Act passed in the Twenty-fifth Year of the Reign of His present Majesty, for repairing the Road leading from The Royal Oak on Wrotham Heath to the Town of Wrotham in the County of Kent, and from thence to the Village of Foots-Cray in the said County to the Road leading from The Royal Oak on Wrotham Heath to the Town of Maidstone:" "An Act for amending, widening, and keeping in Repair, the High Road from the Borough of Tamworth to Ashby de la Zouch in the County of Leicester, and from Sawley Ferry in the said County to a Turnpike Gate at or near the End of Swarcliff Lane leading to Ashby de la Zouch aforesaid:" "An Act for repealing an Act of the Parliament of Scotland, made in the Year One Thousand Six Hundred and Eighty-one, intituled, Act anent the Salmon Fishing in the Water of Nith:" "An Act for dividing and enclosing the Commons and Waste Grounds in the Manor and Constablery of Owston in the West Riding of the County of York:" "An Act for enclosing divers Parcels of Waste Grounds or Commons in Longton, in the County of Lancaster; and for enjoying Part thereof as a Stinted Pasture until the Enclosure of the same:" "An Act for dividing and enclosing a certain Common or Open Piece of Waste Ground, in the Parish or Township of Harthill with Woodhall, in the County of York:" "An Act for dividing and enclosing several Open Fields, Meadows, and Commons, within the Lordship and Liberty of Seagrave, in the County of Leicester:" "An Act for the dividing and enclosing the Open Fields, Meadow, and Common Pasture Grounds and Waste Grounds, in the Manor and Parish of Hawksworth, in the County of Nottingham:" "An Act for dividing and enclosing the Moors, Commons, and Waste Grounds, in the Manors of Ugglebarnby and Eskdaleside, in the Parish of Whitby, and County of York:" "An Act for dividing and allotting certain Open Arable Fields, Meadow and Pasture Grounds, and Commons, in the Township of Hayton, in the County of Nottingham:" "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement:" "An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof:" "An Act to enable John Coopey Doctor of Physic and Humphry Brent Coopey his Brother, and their Issue Male, respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent late of The Middle Temple London Esquire:" "An Act for naturalizing René Cornabé and John Daniel Lucadou." 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 in Parliament assembled aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Robert Lord Henley, Keeper 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 Grandson George Prince of Wales, Our most Dear and Entirely-beloved Son and Faithful Counsellor William Duke of Cumberland, Our most Dear Grandson Edward Duke of York, the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our said Keeper of Our Great Seal of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors John Earl Granville President of Our Council, Richard Earl Temple Keeper of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, William Duke of Devonshire Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle First Commissioner of Our Treasury, Lionel Cranfield Duke of Dorset, 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, George Dunk Earl of Halifax, Granville Earl Gower Master of Our Horse, Philip Earl of Hardwicke; and Our Right Trusty and Well-beloved Counsellors George Lord Anson First Commissioner of Our Admiralty, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us; 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. And whereas, by Our Letters Patent, bearing Date at Westminster, the Twelfth Day of November last past, We did give and grant unto the same Our most Dear Grandson the Prince of Wales, Our said most Dear Son, and to the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same, and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every Thing which for Us, and by Us, for the good Government of Our said Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done; and also, if necessary, to continue, adjourn, and prorogue, Our said Parliament; We do hereby further declare, That Our said Letters Patent, and every Clause, Matter, and Thing, therein contained, are, and shall be in as full Force and Strength (these Our Letters Patent, or any Thing herein, notwithstanding) as if these Presents had not been had or made: And Our Will and Pleasure is, and We do ordain and constitute, that the same Our most Dear Grandson the Prince of Wales, Our said most Dear Son, the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, shall put in Execution all the Powers and Authorities in the said Letters Patent mentioned and expressed, that yet remain to be done and executed. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Fifteenth Day of April, in the Thirty-third Year of Our Reign.

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

"Yorke & Yorke."

Then the Lord Keeper said,

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

Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table; where the Deputy Clerk of the Crown read the Titles of that and the other Bills to be passed, severally, as follow:

"1. An Act for preventing the excessive Use of Spirituous Liquors, by laying additional Duties thereon; for shortening the Prohibition of making Low Wines and Spirits from Wheat, Barley, Malt, or other Grain, and from Meal, Flour, and Bran; for encouraging the Exportation of British-made Spirits; and for more effectually securing the Duties payable upon Spirits, and preventing the fraudulent Importation or Relanding thereof."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; videlicet,

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned."

"3. An Act for taking down and removing the Magazine for Gunpowder, and all Buildings thereto belonging, situate near Greenwich in the County of Kent; and erecting instead thereof a new Magazine for Gunpowder at Purfleet near the River of Thames in the County of Essex; and applying a Sum of Money granted in this Session of Parliament towards those Purposes; and for obviating Difficulties arisen upon an Act made in the last Session of Parliament, for making Compensation for Lands and Hereditaments purchased for His Majesty's Service, at Portsmouth, Chatham, and Plymouth."

"4. An Act for extending and continuing the Navigation of the River Wey, otherwise Wye, in the County of Surrey, to the Town of Godalming in the said County."

"5. An Act for repairing several Roads leading to the Town of Oakhampton, in the County of Devon."

"6. An Act for repairing and widening the Road from the Turnpike Road near the West End of the Town of Chesterfield to Matlock Bridge, and also the Road leading out of the said Road over Darley Bridge to Cross Green, and also the Road leading out of the last-mentioned Road to the Turnpike Road near Rowesly Bridge, in the County of Derby."

"7. An Act for enlarging the Term and Powers, granted by an Act made in the Twenty-fifth Year of the Reign of His present Majesty, for repairing and widening the Road leading from Market Harborough in the County of Leicester to the Pound in the Parish of Brampton in the County of Huntingdon; and by one other Act, made in the Twenty-seventh Year of the Reign of His present Majesty, for explaining, amending, and rendering more effectual, the said former Act."

"8. An Act for repairing and widening the Roads from Haleworthy in the Parish of Davidstow in the County of Cornwall to the East End of Wadebridge in the said County, and from the West End of Wadebridge aforesaid into and through the Borough of Mitchell in the said County."

"9. An Act for repairing and widening the High Roads from Hinckley to Woeful Bridge, and also from Hoo-Ash-Lane through OldLane, and from Swannington to Lee Gutter, and from thence to Melbourn Common, and from Ibstock to Measham, in the Counties of Leicester and Derby."

"10. An Act for enlarging the Term and Powers of Two Acts, made in the Fifth Year of His late Majesty, and in the Ninth Year of His present Majesty's Reign, for repairing the Road from Beaconsfield in the County of Bucks, to Stoken Church in the County of Oxon."

"11. An Act for enlarging the Terms and Powers contained in Two several Acts of Parliament, made in the Twelfth and Sixteenth Years of the Reign of His present Majesty, for repairing the Road from The Dun Cow in the Town of Dunchurch to the Town of Hill Morton in the County of Warwick, and from thence to Saint James's End in the Parish of Dunston in the County of Northampton; and for making the same Acts more effectual."

"12. An Act for enlarging the Term and Powers granted by several Acts of Parliament, of the Eighth Year of Her late Majesty Queen Anne, the Ninth Year of His late Majesty King George the First, and the Fifteenth Year of His present Majesty's Reign, for repairing the Highways between the House commonly called The Horse-shoe House in the Parish of Stoke Goldington in the County of Bucks, and the Town of Northampton, and the Road from the North Bridge of Newport Pagnel in the County of Bucks, to The Horse-shoe House."

"13. An Act for extending the Powers, granted by an Act passed in the Twenty-fifth Year of the Reign of His present Majesty, for repairing the Road leading from The Royal Oak on Wrotham Heath to the Town of Wrotham in the County of Kent, and from thence to the Village of Foot's Cray in the said County to the Road leading from The Royal Oak on Wrotham Heath to the Town of Maidstone."

"14. An Act for amending, widening, and keeping in Repair, the High Road from the Borough of Tamworth to Ashby de la Zouch in the County of Leicester, and from Sawley Ferry in the said County, to a Turnpike Gate at or near the End of Swareliff Lane leading to Ashby de la Zouch aforesaid."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words.

"Le Roy le veult."

"15. An Act for repealing an Act of the Parliament of Scotland, made in the Year One Thousand Six Hundred and Eighty-one, intituled; Act ament the Salmon Fishing in the Water of Nith."

"16. An Act for dividing and enclosing the Commons and Waste Grounds in the Manor and Constablery of Owston, in the West Riding of the County of York."

"17. An Act for enclosing divers Parcels of Waste Grounds, or Commons, in Longton, in the County of Lancaster; and for enjoying Part thereof as a Stinted Pasture until the Enclosure of the same."

"18. An Act for dividing and enclosing a certain Common or Open Piece of Waste Ground, in the Parish or Township of Harthill with Woodhall, in the County of York."

"19. An Act for dividing and enclosing several Open Fields, Meadows, and Commons, within the Lordship and Liberty of Seagrave, in the County of Leicester."

"20. An Act for the dividing and enclosing the Open Fields, Meadow, and Common Pasture Grounds, and Waste Grounds, in the Manor and Parish of Hawksworth, in the County of Nottingham."

"21. An Act for dividing and enclosing the Moors, Commons, and Waste Grounds, in the Manors of Ugglebarnby and Eskdaleside, in the Parish of Whitby and County of York."

"22. An Act for dividing and allotting certain Open Arable Fields, Meadow and Pasture Grounds and Commons, in the Township of Hayton; in the County of Nottingham."

"23. An Act for selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement."

"24. An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof."

"25. An Act to enable John Coopey Doctor of Physic, and Humphry Brent Coopey his Brother, and their Issue Male, respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent, late of The Middle Temple, London, Esquire."

"26. An Act for naturalizing René Cornabé and John Daniel Lucadou."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words.

"Soit fait comme il est desiré."

Then the Commons withdrew.

And the House was adjourned during Pleasure, for the Lords Commissioners to unrobe.

The House was resumed.

Message from H. C. to return the Bill for Foley & al. to settle Thomas's Estate.

A Message was brought from the House of Commons, by Sir John Morgan and others:

To return the Bill, intituled, "An Act for settling the Real Estate of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Halifax Road Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for diverting, altering, widening, repairing, and amending, the Roads from the Town of Halifax, and from Sowerby Bridge, in the County of York, by Todmorden, to Burnley and Littleborough in the County 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."

Barrow upon Soar Common Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the several Open and Common Fields, Meadows, and Commons, within the Lordship or Liberty of Barrow upon Soar, in the County of Leicester," 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."

L. Robert Bertie's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting several Lands and Tenements in the Parish of Chislehurst, in the County of Kent, given to chartiable Uses, for the Benefit of the said Parish, in the Right Honourable Robert Bertie Esquire, commonly called Lord Robert Bertie, and his Heirs, and for making Provision of greater Value instead thereof, for the Benefit of the Poor of the said Parish; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

E. of March's Petition, to put off the Hearing of his Claim to the Title of Earl of Cassillis.

A Petition of William Earl of March and Ruglen, was presented, and read; setting forth, "That, the Petitioner having applied by Petition to His Majesty, praying to have his Right declared to the Titles and Honours of Earl of Cassillis and Lord Kennedy; and Sir Thomas Kennedy having likewise by Petition claimed the said Titles and Honours; His Majesty was graciously pleased to refer both Petitions to this House; and, the same having been by their Lordships referred to the Lords Committees for Privileges, the said Committee has appointed Monday the 5th Day of May next for hearing both Petitions; that the Petitioner's Agent in Scotland having been wrote to, to collect and transmit the Evidence necessary to support the Petitioner's Claim, he, by his Letters of the 5th and 10th Instant, acquaints, that it will be impossible for him to have the necessary Searches made, so as to be prepared against the Time appointed for the Hearing; alleging, that the Charter Room of Cassillis must be searched, and all the many Writings in it must be gone over with Care; and that this Room is now sealed up, and in Custody of the Law; and it will require Weeks together to have that single Piece of Work done;" and therefore praying, "That their Lordships will be pleased to put off the Hearing of the said Petitions till the above Searches can be made."

And thereupon the Agents for both the said Claimants were called in, and heard at the Bar.

And being withdrawn:

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

Treaties with Brunswick and Hesse Castel delivered.

The Earl of Holdernesse (by His Majesty's Command) presented to the House,

"1. Copy of a Treaty between His Majesty and the Reigning Duke of Brunswick, concluded and signed at Marpurg, the 14th of January, 1760; and Translation."

"2. Copy of the Ulterior Convention between His Majesty and the Reigning Duke of Brunswick, concluded and signed at Paderborn, March 5th, 1760; with the Declaration thereto annexed, and Translation."

"3. Copy of a Declaration referred to in the Ulterior Convention between His Majesty and the Reigning Duke of Brunswick, signed at Paderborn, March 5th, 1760; and Translation."

"4. Copy of a Convention between His Majesty and the Landgrave of Hesse Cassell, concluded and signed at London, April 1st, 1760; and Translation."

And the Titles thereof being read by the Clerk:

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

E. Ferrers to be brought to Westminster Hall.

Ordered, That the Constable of His Majesty's Tower of London, or the Lieutenant of the same, or his Deputy, do bring to the Bar of this House in Westminster Hall, To-morrow, at Ten of the Clock in the Morning, the Body of Lawrence Earl Ferrers now in his Custody.

To Charles Earl Cornwallis, Constable of His Majesty's Tower of London; and, in his Absence, to the Lieutenant of the said Tower, or his Deputy.

Sir Matthew Fetherston's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Mathew Fetherston Baronet, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof."

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 30th 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.

Deanburn Bridge, Greenlaw, and other Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Deanburn Bridge through Greenlaw, and Part of the Jedburg Road by Lauder in the Shire of Berwick, to Cornhill in the County of Durham; and for building a Bridge over the Tweed near Coldstream."

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

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

Barry against Wheatley & al.

The House being informed, "That George Cannon attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein James Barry a Minor, by his Guardian, is Appellant, and Thomas Wheatley and others are Respondents:"

Papers delivered.

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

And then he was directed to withdraw.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum sextum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Mercurii, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Ferrers' Trial: The House called:

This Day being appointed, to proceed to the Trial of Lawrence Earl Ferrers, upon the Indictment for Murder found against him; Garter King at Arms was permitted to come to the Table: And the House was called over, beginning with the Junior Baron; the Clerk setting down the Names of those Lords who were absent, and the said King at Arms marking in a Lift the Lords that were present.

The Names of the absent Lords are as follow:

L. Romney.
L. Trevor.
L. Hay.
L. Cathcart.
L. Craven.
L. Arundel of Trerice.
L. Strange.
L. Maynard.
L. Hunsdon.
L. Dacre.
Bp. Gloucester.
Bp. Landaff.
Bp. Exeter.
Bp. Winchester.
Bp. London.
V. Leinster.
V. Stormont.
V. Hatton.
V. Townshend.
V. Hereford.
E. Darlington.
E. Bath.
E. Graham.
E. Harborough.
E. Bristol.
E. Uxbridge.
E. Findlater.
E. Lauderdale.
E. Home.
E. Rothes.
E. Godolphin.
E. Powlet.
E. Bradford.
E. Abingdon.
E. Anglesey.
E. Chesterfield.
E. Stamford.
E. Denbigh.
E. Exeter.
E. Salisbury.
E. Derby.
M. Lothian.
M. Tweeddale.
D. Dorset.
D. Portland.
D. Bedford.
D. St. Albans.
D. Somerset.
L. President.
Abp. of. York.
D. Cumberland.
Prince of Wales.

Then the House was adjourned into Westminster Hall; whither the Officers, Attendants, Judges, Peers Eldest Sons, Minor Peers, and Lords, went in the Order directed; Garter King at Arms calling them in their due Places by his List.

And the Lords being come thither, and seated; and the House resumed:

The Clerk of the Crown in Chancery and the Clerk of the Crown in the King's Bench presented the Commission under the Great Seal for Lord High Steward, on their Knees, to his Lordship, sitting on the Woolsack:

Which (after Proclamation made for Silence) was read, at the Table, by the Clerk of the Crown in the King's Bench (all the Lords and others standing up uncovered), as follows:

L. Henley's Commission, appointing him Lord High Steward:

"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 Well-beloved Counsellor Robert Lord Henley, Baron of Grainge in Our County of Southampton, Keeper of Our Great Seal of Great Britain, Greeting. Know ye, that whereas Lawrence Earl Ferrers, Viscount Tamworth, late of the Parish of Breedon in Our County of Leicester, (before Our Justices assigned by Our Letters Patent, under Our Great Seal of Great Britain, to inquire more fully the Truth, by the Oath of good and lawful Men of Our said County of Leicester, and by other Ways, Means, and Methods, by which they should and might better know, (as well within Liberties as without), by whom the Truth of the Matter may be the better known and inquired into, of all Treasons, Misprisions of Treasons, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, False Coinings, and other Falsities of the Money of Great Britain, and of other Kingdoms or Dominions whatsoever, and of all Murders, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings and Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Confederacies, False Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concealments, Maintenances, Oppressions, Champarties, Deceits, and all other Evil Doings, Offences, and Injuries whatsoever, and also of the Accessaries of them, within the County of Leicester aforesaid (as well within Liberties as without), by whomsoever and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner, and of all other Articles and Circumstances concerning the Premises, and every or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, according to the Laws, and Customs of England, to hear and determine) stands indicted, by the Oath of good and lawful Men of Our said County of Leicester, of Felony and Murder, by him the said Lawrence Earl Ferrers Viscount Tamworth done and committed: We, considering that Justice is an excellant Virtue, and pleasing to the Most High; and being willing that the said Lawrence Earl Ferrers Viscount Tamworth of and for the Felony and Murder whereof he is indicted as aforesaid before Us, in Our present Parliament, according to the Law and Custom of Our Kingdom of Great Britain, may be heard, examined, sentenced, and adjudged, and that all other Things which are necessary on this Occasion may be duly exercised and executed; and for that the Office of High Steward of Great Britain (whose Presence upon this Occasion is required) is now vacant (as We are informed); We, very much confiding in your Fidelity, Prudence, provident Circumspection, and Industry, have, for this Cause, ordained and constituted you Steward of Great Britain, to bear, execute, and exercise (for this Time), the said Office, with all Things due and belonging to the same Office in this Behalf; and therefore We command you, that you diligently set about the Premises, and (for this Time) do exercise and execute with Effect all those Things which belong to the Office of Steward of Great Britain, and which are required in this Behalf. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Sixteenth Day of April, in the Thirty-third Year of Our Reign.

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

"Yorke & Yorke."

Which being ended, the Serjeant at Arms said,

"God save the King!"

Then the Lord High Steward took his Place on the Chair placed for that Purpose before the State; and Garter King at Arms and the Gentleman Usher of the Black Rod (upon their Knees) presented him with his Staff.

Then, Proclamation being made for Silence, the Writ of Certiorari for removing the Indictment found against the said Earl, the Return thereof, and the said Indictment, were read, by the Clerk of the Crown in the King's Bench, as follow:

Certiorari for removing the Indictment against Earl Ferrers:

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Justices assigned by Our Letters Patent under Our Great Seal of Great Britain to inquire more fully the Truth, by the Oath of good and lawful Men of Our County of Leicester, and by other Ways, Means, and Methods, by which they should and might better know (as well within Liberties as without), by whom the Truth of the Matter may be the better known and inquired into, of all Treasons, Misptisions of Treasons, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, False Coinings, and other Falsities, of the Money of Great Britain, and of other Kingdoms or Dominions whatsoever, and of all Murders, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings and Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Consederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligences, Concelments, Maintenances, Oppressions, Champarties, Deceits, and all other Evil Doings, Offences, and Injuries whatsoever, and also of the Accessaries of them, within the County aforesaid (as well within Liberties as without), by whomsoever and in what Manner soever done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner, and of all other Articles and Circumstances concerning the Premises, and every or any of them, in any Manner whatsoever; and the said Treasons and other the Premises, according to the Laws and Customs of England, to hear and determine, and to every of them, Greeting: We, being willing, for certain Reasons, that all and singular Indictments and Inquisitions of whatsoever Felonies and Murders, whereof Lawrence Earl of Ferrers Viscount Tamworth, late of the Parish of Breedon in the County of Leicester, is indicted before you (as is said), be determined before Us, and not elsewhere, do command you, and every of you, that you, or One of you, do send, under your Seals, or the Seal of One of you, before Us, in Our present Parliament, immediately after the Receipt of this Our Writ, all and singular the Indictments and Inquisitions aforesaid, with all Things touching the same, by whatsoever Name the said Lawrence Earl Ferrers Viscount Tamworth is called in the same, together with this Writ, that We may further cause to be done thereon what of Right, and according to the Law and Custom of England, We shall see fit to be done.

"Witness Ourself, at Westminster, the Eighteenth Day of March, in the Thirty-third Year of Our Reign.

"Yorke & Yorke:

"To the Justices assigned to inquire of all Treasons, Murders, &c. committed within the County of Leicester; a Writ of Certiorari, to certify into the Upper House of Parliament the Indictment found before them against Lawrence Earl Ferrers, for Murder, returnable immediately before the King in Parliament.

"Yorke & Yorke."

Return.

"By Order of the Lords Spiritual and Temporal in Parliament assembled, by virtue of the within Writ to me and others directed, I send to our Sovereign Lord the King, in this present Parliament, under my Seal, the Indictment and Inquisition within mentioned, with all Things touching the same, in certain Schedules hereunto annexed; as I am within commanded.

"H. Bathurst."

"Leicestershire, to wit.

Be it remembered, that, at the General Session of Our Lord the King, of Oyer and Terminer, holden for the County of Leicester, at the Castle of Leicester, in and for the same County, on Friday the Fourteenth Day of March, in the Thirty-third Year of the Reign of our Sovereign Lord George the Second, now King of Great Britain, and so forth, before Henry Bathurst Esquire One of the Justices of our said Lord the King of His Court of Common Bench, James Hewitt Esquire One of the Serjeants at Law of Our said Lord the King, and others their Fellows, Justices of our said Lord the King, assigned by Letters Patent of our said Lord the King, under His Great Seal of Great Britain, to them and others, and any Two or more of them, made, of whom our said Lord the King would have the said Henry Bathurst Esquire and James Hewitt Esquire to be (fn. 1) One, to inquire more fully the Truth, by the Oath of good and lawful Men of the County aforesaid, and by all other Ways, Means, and Methods, by which they should or might better know (as well within Liberties as without), by whom the Truth of the Matter may be the better known and inquired into, of all Treasons, Misprisions of Treasons, Insurrections, Rebellions, Counterfeitings, Clippings, Washings, False Coinings, and other Falsities, of the Monies of Great Britain, and of other Kingdoms or Dominions whatsoever, and of all Murders, Felonies, Manslaughters, Killings, Burglaries, Rapes of Women, unlawful Meetings and Conventicles, unlawful uttering of Words, Assemblies, Misprisions, Cousederacies, false Allegations, Trespasses, Riots, Routs, Retentions, Escapes, Contempts, Falsities, Negligances, Concealments, Maintenances, Oppressions, Champarties, Deceits, and all other Evil Doings, Offences, and Injuries whatsoever, and also of the Accessaries of them, within the County aforesaid (as well within Liberties as without), by whomsoever, and in what Manner soever, done, committed, or perpetrated, and by whom, or to whom, when, how, and after what Manner, and of all other Articles and Circumstances concerning the Premises, and every or any of them, in any Manner whatsoever; and the said Treasons, and other the Premises, according to the Laws and Customs of England, for this Time, to hear and determine, by the Oath of John Grey, John Palmer, Thomas Boothby the Elder, William Pochin, Nathan Wrighte, Charles Skrymsher Boothby, Thomas Boothby the Younger, Joseph Cradock, Edward Farnham, Rogers Ruding, Charles Morris, Esquires, John Smalley, Richard Walker, John Willows, James Sismey, Thomas Ayre, Gabriel, Newton, and Robert Hames, Gentlemen, good and lawful Men of the County aforesaid, then and there sworn, and charged to inquire, for our said Lord the King, for the Body of the same County: It is presented, that the Bill of Indictment hereunto annexed is a true Bill.

"Blencowe."

"Leicestershire. The Jurors for our present Sovereign Lord the King, upon their Oath, present, That the Right Honourable Lawrence Earl Ferrers Viscount Tamworth, late of the Parish of Breedon, in the County of Leicester, not having the Fear of God before his Eyes, but being moved and seduced by the Instigation of the Devil, on the Eighteenth Day of January, in the Thirty-third Year of the Reign of our present Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, with Force and Arms, at the Parish of Breedon, in the County of Leicester aforesaid, in and upon one John Johnson, in the Peace of God and of our said Lord the King, then and there being, feloniously, wilfully, and of his Malice afore-thought, did make an Assault; and that he the said Lawrence Earl Ferrers Viscount Tamworth, with a certain Pistol of the Value of Two Shillings, then and there, being charged with Gunpowder and a Leaden Bullet, which Piltol he the said Lawrence Earl Ferrers Viscount Tamworth in his Hand then and there had and held at, against, and upon, him the said John Johnson, then and there feloniously, wilfully, and of his Malice afore-thought, did discharge and shoot off; and that he the said Lawrence Earl Ferrers Viscount Tamworth, with the Leaden Bullet aforesaid, by Force of the Gunpowder aforesaid, out of the said Pistol by him the said Lawrence Earl Ferrers Viscount Tamworth so as aforesaid discharged and shot off, him the said John Johnson, in and upon the Left Side of the said John Johnson, a little under the lowest Rib of the said John Johnson, then and there, feloniously, wilfully, and of his Malice aforethought, did strike and wound, giving to the said John Johnson then and there, with the Leaden Bullet aforesaid, out of the said Pistol so as aforesaid discharged and shot off, in and upon the said Left Side, a little under the lowest Rib of the said John Johnson, one mortal Wound, of the Breadth of One Inch and Depth of Four Inches, of which said mortal Wound the said John Johnson, at the said Parish of Breedon, in the said County of Leicester, did languish, and languishing did live until the Nineteenth Day of the same Month of January, in the Thirty-third Year aforesaid; on which said Nineteenth Day of January, about the Hour of Nine of the Clock in the Morning, he the said John Johnson, at the Parish of Breedon aforesaid, in the County of Leicester aforesaid, of the mortal Wound aforesaid died; and so the Jurors aforesaid, upon their Oath aforesaid, do say, that the said Lawrence Earl Ferrers Viscount Tamworth the said John Johnson, in Manner and Form aforesaid, seloniously, wilfully, and of his Malice afore-thought, did kill and murder, against the Peace of our said Lord the King, His Crown and Dignity."

"A true Bill.

"Witnesses,
"Elizabeth Burgeland.
"Elizabeth Saxon.
"Elizabeth Doleman.
"Sarah Johnson.
"Thomas Kirkland.
"William Tomlinson.

"Sworn in Court."

Then the Lord High Steward asked Leave for the Judges to be covered: Which was granted.

E. Ferrers at the Bar, and his Trial proceeded in:

Then Proclamation was made, for the Lieutenant of The Tower to bring Earl Ferrers, his Prisoner, to the Bar.

Who, being brought accordingly, kneeled until the Lord High Steward acquainted him, "He might rise."

Which done;

The Lord High Steward, in a Speech, represented to him the Nature of the Charge against him, and the Circumstances of his Case; and concluded with acquainting his Lordship, and all other Persons who should have Occasion to speak to the Court during the Trial, "That they are to address themselves to the Lords in general, and not to any Lord in particular."

Then the said Earl Ferrers was arraigned, by the Clerk of the Crown in the King's Bench, in the usual Manner; and asked, "Whether he was Guilty, or Not Guilty?"

To which he pleaded, "Not Guilty."

And being asked, "By whom he would be tried?" He answered, "By God and his Peers."

Then Proclamation was made, for all Persons, that will give Evidence on Behalf of the King, against the said Earl the Prisoner, "To come forth, and they shall be heard; for he now stands at the Bar, upon his Deliverance."

The Lord High Steward, with the Consent of the Court, went down to the Table, for the better Convenience of hearing.

Then Mr. Perrot and Mr. Attorney General were heard, to open the Charge against the said Earl; and produced,

Elizabeth Burgeland, Elizabeth Saxon, Elizabeth Doleman, Sarah Johnson, Thomas Kirkland, Richard Springthorpe, and Francis Kinsey; who were severally examined upon Oath, in order to prove the Indictment; some of which were cross-examined by the Prisoner; the Clerk, by the Direction of the Lord High Steward, going down to the Bar, and repeating the Answers given by the Witnesses.

And the King's Counsel having finished their Evidence; the Prisoner was directed to proceed in his Defence.

And he, thereupon, desiring to be indulged with further Time till To-morrow, not being prepared now to make his Defence; he was directed to open the Nature of the Defence he intends to make; and said, "The Defence recommended to him was an Indisposition of Mind, consisting of a Variety of Circumstances; and therefore hoped their Lordships would indulge him with Time till To-morrow."

Whereupon the House was moved, "To adjourn to the Chamber of Parliament."

And, being adjourned accordingly:

The Lords and others returned in the same Order in which they came down.

And the House being there resumed:

It was moved, "To adjourn the further proceeding on the said Trial till To-morrow."

Which being objected to:

After Debate;

It was agreed, to adjourn again into Westm'r Hall; and that the Lord High Steward do acquaint the Prisoner, "That he must now proceed to his Defence."

And the House being adjourned accordingly into Westm'r Hall:

The Lords and others went down, in the same Order as before.

And the Lords having taken their Places, and the Lord High Steward in his Chair:

The House was resumed.

And the Lord High Steward, by Leave of the House, went down to the Table.

And Proclamation being made for Silence:

The Lord High Steward acquainted the Prisoner, "That he must now proceed to his Defence."

Who thereupon (after a short Speech in relation to the Nature of the Defence which he was prevailed upon by his Family to make) produced

John Bennefold and Thomas Goostrey; who were severally sworn, and examined by the Prisoner as to Instances of his Insanity; and were also cross-examined by the King's Counsel, the Clerk as before repeating their Answers.

The House was moved, "To adjourn to the Chamber of Parliament."

And being adjourned accordingly:

The Lords and others returned, in the same Order as before.

And the House being there resumed:

Ordered, That this House will proceed further in the Trial of Lawrence Earl Ferrers, in Westminster Hall, To-morrow, at Ten of the Clock in the Morning.

The Earl remanded, and to be brought again To-morrow.

Ordered, That the said Lawrence Earl Ferrers be remanded Prisoner to His Majesty's Tower of London, there to be kept in safe Custody; and that he be brought again to the Bar of this House, in Westm'r Hall, To-morrow, at Ten of the Clock in the Morning.

To Charles Earl Cornwallis, Constable of His Majesty's Tower of London; and, in his Absence, to the Lieutenant of the said Tower, or his Deputy.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum septimum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Jovis, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Ferrers' Trial:

The Order of the Day being read, for the proceeding further in the Trial of Lawrence Earl Ferrers, upon the Indictment of Murder found against him, the Lords were called over by the Clerk Garter King at Arms marking in his List those that were present, and the Clerk taking down the Names of the absent Lords.

The Names of the absent Lords are as follow:

Lord Romney.
Lord Foley.
Lord Trevor.
Lord Hay.
Lord Cathcart.
Lord Craven.
Lord Arundel of Trerice.
Lord Strange.
Lord Maynard.
Lord Hunsdon.
Lord Dacre.
Bishop of Gloucester.
Bishop of Landaff.
Bishop of Exeter.
Bishop of Winchester.
Bishop of London.
Viscount Leinster.
Viscount Stormont.
Viscount Hatton.
Viscount Townshend.
Viscount Hereford.
Earl Darlington.
Earl Bath.
Earl Graham.
Earl Harborough.
Earl Bristol.
Earl Uxbridge.
Earl Findlater.
Earl Lauderdale.
Earl Home.
Earl Rothes.
Earl Godolphin.
Earl Poulet.
Earl Jersey.
Earl Bradford.
Earl Abingdon.
Earl Anglesey.
Earl Chesterfield.
Earl Stamford.
Earl Denbigh.
Earl Exeter.
Earl Salisbury.
Earl Derby.
Marquis Lothian.
Marquis Tweeddale.
Duke Dorset.
Duke Portland.
Duke Bedford.
Duke St. Albans.
Duke Somerset.
Lord President.
Archbishop of York.
Duke of Cumberland.
Prince of Wales.

Then the House was adjourned into Westm'r Hall; whither the Lords and others went, in the same Order as Yesterday.

And the Lords being there seated; Leave was asked, and given, for the Judges to be covered.

Proclamation was then made for Silence; as also Proclamation for the Lieutenant of The Tower to bring the Prisoner to the Bar.

Who, being brought to the Bar accordingly, kneeled till he was acquainted by the Lord High Steward, "That he might rise."

Then the Lord High Steward, with the Consent of the Court, went down to the Table; and the Prisoner was directed to proceed in his Defence; and called

Thomas Huxley; who, being sworn, was examined touching Henry late Earl Ferrers, the Prisoner's Uncle, having a Commission of Lunacy taken out against him, and being confined.

Next Wilhelmina Deborah Coates was called; and being sworn, was examined touching the Insanity of Lady Barbara Shirley, the Prisoner's Aunt.

Then the Reverend Walter Shirley Clerk, the Prisoner's Brother, was called; and, being sworn, was examined as to Instances of the Prisoner's Behaviour denoting Insanity and a disordered Mind, and of a Talk in the Family of taking out a Commission of Lunacy against him; and was cross-examined by the King's Counsel.

Then Richard Phillips was called; and, being sworn, was examined touching the Prisoner's being disordered in his Senses.

Gould Clarges was called in; and, being sworn, was examined also to the same Point.

Peter Williams called, and sworn; and examined as to Instances of the Prisoner's Behaviour denoting a disordered Mind.

Elizabeth Williams also called, and sworn; and examined as to like Instances of the Prisoner's Behaviour.

Robert Shirley Esquire, another Brother of the Prisoner, called; and, being sworn, was examined as to like Instances of the Prisoner's Behaviour, and as to a Commission of Lunacy being taken out against Earl Henry.

Doctor John Monro called; and, being sworn, was examined as to the different Symptoms of Lunacy.

Last, Robert Griffin was called; and, being sworn, was examined as to the Prisoner's being generally reputed to be out of his Senses.

And, the Prisoner having finished his Evidence, he was asked, "Whether he had any Thing further to offer?" And said, "He had a Paper in his Hand, containing what he had further to offer to their Lordships;" and desired it might be read by the Clerk.

And the same was read accordingly.

Then Mr. Solicitor General was heard, to observe upon the Evidence brought in Support of the Charge, and the Defence made by the Prisoner.

Which done;

The Prisoner was taken from the Bar.

Then it was moved, "To adjourn to the Chamber of Parliament."

And being adjourned accordingly;

The Lords and others returned, in the same Order they came down.

And the House being there resumed:

Bishops Protestation:

The Archbishop of Canterbury, for himself and the rest of the Bishops, delivered a Protestation; which they desire may be entered.

And the same was read, as follows:

"The Lords Spiritual of the House of Peers do desire Leave of this House to be absent, when Judgement is given upon Lawrence Earl Ferrers; saving to themselves and their Successors all such Right in Judicature as they have by Law, and of Right ought to have."

Then he asked Leave, "That they might withdraw."

Which being agreed to;

They immediately withdrew accordingly.

Question to be put to the Lords:

Proposed, "That the Question to be put to the Lords, in Westm'r Hall, shall be,

"Is Lawrence Earl Ferrers Guilty of the Felony and Murder whereof he stands indicted, or Not Guilty?"

Which being agreed to;

The House was adjourned again into Westm'r Hall; and the Peers and others went down, in the same Order as before.

And the Peers being there seated;

And the House resumed:

Proclamation was made for Silence.

And the Lord High Steward, by a List, called every Peer by his Name, beginning with the Junior Baron; and asked them;

"Is Lawrence Earl Ferrers Guilty of the Felony and Murder whereof he stands indicted, or Not Guilty?"

E. Forrers adjudged Guilty of Murder:

And thereupon every Peer present, severally standing up uncovered, answered, "Guilty, upon my Honour," laying his Right Hand upon his Breast.

The Lord High Steward, standing up uncovered, at the Chair, as he did when he put the Question to the other Lords, declared his Opinion to the same Effect, and in the same Manner.

Then Proclamation was made, for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled till the Lord High Steward told him, "He might rise."

And Proclamation being made for Silence:

The Lord High Steward acquainted the Prisoner, That the Lords have considered of the Charge and Evidence brought against him; and have likewise considered of every Thing which he has alleged in his Defence; and, upon the whole Matter, their Lordships have unanimously found him Guilty of the Felony and Murder whereof he stands indicted."

Then the House was again adjourned to the Chamber of Parliament.

And being there resumed:

The House was moved, "That the following Questions be put to the Judges:

Questions to the Judges.

"1. Whether a Peer, indicted of Felony and Murder, and tried and convicted thereof before the Lords in Parliament, ought to receive Judgement for the same, according to the Provisions of the Act of Parliament of the 25th Year of His Majesty's Reign, intituled, An Act for better preventing the horrid Crime of Murder?

"2. Supposing a Peer, so indicted and convicted, ought by Law to receive such Judgement as aforesaid, and the Day appointed by the Judgement for Execution should lapse before such Execution done; whether a new Time may be appointed for the Execution, and by whom?"

And the same were agreed to.

And thereupon the Judges desiring Time till Tomorrow to give their Answer:

Ordered, That the Judges do deliver their Opinions, upon the said Questions, To-morrow.

E. Ferrers remanded, and to be brought again To-morrow:

Ordered, That Lawrence Earl Ferrers be remanded Prisoner to His Majesty's Tower of London, there to be kept in safe Custody.

Ordered, That the House will proceed further, in order to the giving of Judgement against Lawrence Earl Ferrers, To-morrow; and that the said Earl be brought to the Bar of this House in Westm'r Hall, for that Purpose, To-morrow, at Eleven of the Clock in the Forenoon.

Complaint of Stoppages in the Streets.

Complaint was made, "That the Lords were obstructed Yesterday Evening, in their Return Home, by the Interruption given them by Carts, Drays, and other Carriages, in the Streets, contrary to the Orders of this House:"

And thereupon the High Constable of Westm'r was called in, and acquainted with the said Complaint, and examined thereupon at the Bar; and was strictly enjoined, "To take Care, that the Orders of the House for clearing the Streets be duly observed for the future; and, if any of the Constables shall be remiss in their Duty, he do acquaint the House with their Names, in order that they may be severely punished for such their Neglect."

And then he was directed to withdraw.

Adjourn.

Dominus Summus Senescallus declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Ferrers's Trial, Judges Opinion delivered.

The Order of the Day being read, for the Judges to deliver their Opinions, upon the Questions proposed to them Yesterday;

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges:

Upon the First Question:

"That a Peer indicted of Felony and Murder, and tried and convicted thereof before the Lords in Parliament, ought to receive Judgement for the same, according to the Provisions of the Act of Parliament of the 25th Year of His Majesty's Reign, intituled, "An Act for better preventing the horrid Crime of Murder."

And gave their Reasons.

Upon the Second Question:

"That, supposing the Day appointed by the Judgement for Execution should lapse before such Execution done (which however the Law will not presume), a new Time may be appointed for the Execution, either by the High Court of Parliament before which such Peer shall have been attainted; or by the Court of King's Bench, the Parliament not then sitting, and the Record of the Attainder being properly removed into that Court."

And gave their Reasons.

Another Question to the Judges; and their Answer.

Then it was proposed, "That the following Question be put to the Judges, videlicet;

"Whether, if the King shall in any such Case grant a Reprieve, the Prisoner may be executed on such Day as the King shall think fit to appoint?"

And the same being agreed to:

The Lord Chief Baron, having conferred with the rest of the Judges present, delivered their unanimous Opinion upon the said Question:

"That if His Majesty shall in any such Case reprieve a Prisoner to a particular Day, the Prisoner may be executed on that Day; and the King may grant such Reprieve toties quoties."

And gave their Reasons.

Ordered, That this House will this Day proceed in order to the giving of Judgement upon Lawrence Earl Ferrers.

Ordered, That the Lord High Steward be directed to ask the said Earl, "Whether he hath any Thing to offer in Arrest of Judgement," in the usual Manner.

Form of the Judgement to be pronounced against the Earl:

Ordered, That, when Judgement shall be given against the said Earl, the Judgement shall be pronounced in the Words following:

"That you, Lawrence Earl Ferrers, return to the Prison of The Tower, from whence you came; and from thence you must be led to the Place of Execution on Monday next, being the Twenty-first Day of this Instant April; and, when you come there, you must be hanged by the Neck till you are dead, and your Body be diffected and anatomized."

Ordered, That, in case such Judgement as aforesaid shall be pronounced, the Execution of the said Lawrence Earl Ferrers be respited till Monday the 5th Day of May next.

Ordered, That the Constable of His Majesty's Tower of London be at Liberty to cause the said Lawrence Earl Ferrers to be kept and treated in such Manner as he shall think proper, under the Circumstances of the Case, notwithstanding the Restraints and Regulations of the Act of Parliament of the 25th Year of His Majesty's Reign, intituled, "An Act for better preventing the horrid Crime of Murder."

Ordered, That the Lord High Steward do, after Judgement, acquaint the said Earl the Prisoner with the Two last-mentioned Orders, before he be taken from the Bar.

Then the House was adjourned into Westm'r Hall; whither the Peers and others went, in the same Order as Yesterday.

And, the Peers being there seated, and the Lord High Steward in his Chair;

The House was resumed.

Leave was asked, and given, for the Judges to be covered.

Proclamation was made for Silence.

As also Proclamation for bringing the Prisoner to the Bar.

Who, being brought accordingly, kneeled till the Lord High Steward acquainted him, "He might rise."

Then the Lord High Steward demanded of the Prisoner, "What he had to say, why Judgement of Death should not pass upon him, according to Law?"

He desires his Execution may be respited, and that he may be allowed Access of Friends:

And thereupon the Prisoner, in a Speech to the Court, acknowledged his great Obligations for the fair and candid Trial their Lordships had indulged him with; expressed his Sorrow for troubling their Lordships with a Defence that he was always much averse to, but was prevailed on by his Family to attempt, as it was what they themselves were persuaded of the Truth of; desired their Lordships, in Compassion to his Infirmities, to recommend him to His Majesty's Clemency; and expressed his Hopes, that, if their Lordships should be of Opinion that his unhappy Case was within the late Act of Parliament, the Power of respiting Execution might be extended in his Favour, that he may have an Opportunity of preparing himself for the great Event; and that his Friends may be permitted to have Access to him.

Then the Lord High Steward asked him, "Whether he had any Thing further to offer?"

And he said, "He had not."

And Proclamation being made, for Silence whilst Judgement is giving:

Judgement of Death pronounced upon him.

The Lord High Steward, after a Speech to the Prisoner, pronounced Judgement of Death upon him, in the Form of Words before directed.

And then he acquainted him with the Order of the House, for respiting the Execution till Monday the 5th Day of May next; and also with the Order, that the Constable of The Tower be at Liberty to cause him to be kept and treated as he shall think proper, under the Circumstances of the Case, notwithstanding the Restraints and Regulations of the Act of Parliament of the 25th Year of His Majesty's Reign, intituled, "An Act for better preventing the horrid Crime of Murder."

Then the Prisoner was taken from the Bar.

And, Proclamation being again made for Silence;

The Lord High Steward declared, "That, this Proceeding being now at an End, nothing romained to be done here, but to determine the Commission;" and directed Proclamation to be made for dissolving the Commission of High Steward.

And Proclamation being made accordingly:

The Gentleman Usher of the Black Rod, upon his Knee, delivered the White Staff to the Lord High Steward; and his Grace stood up, uncovered, and holding the Staff in both his Hands broke it in Two, and declared the Commission to be dissolved; and then, leaving the Chair, came down to the Woolsack.

The House was adjourned to the Chamber of Parliament.

Whither the Peers and others returned in the same Order they came down.

And the House being there resumed:

Thanks to the Lord High Steward; and the Trial to be printed.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord High Steward, for the Speech by him made this Day in Westminster Hall, at the Time he pronounced the Judgement of this House upon Lawrence Earl Ferrers; and that the Lord Keeper do cause the Trial of the said Earl to be printed and published; and that no other Person but such as his Lordship shall think fit to appoint do presume to print or publish the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum primum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.