Journal of the House of Lords Volume 29, 1756-1760. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 29: April 1760, 21-30', in Journal of the House of Lords Volume 29, 1756-1760( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol29/pp655-665 [accessed 8 December 2024].
'House of Lords Journal Volume 29: April 1760, 21-30', in Journal of the House of Lords Volume 29, 1756-1760( London, 1767-1830), British History Online, accessed December 8, 2024, https://www.british-history.ac.uk/lords-jrnl/vol29/pp655-665.
"House of Lords Journal Volume 29: April 1760, 21-30". Journal of the House of Lords Volume 29, 1756-1760. (London, 1767-1830), , British History Online. Web. 8 December 2024. https://www.british-history.ac.uk/lords-jrnl/vol29/pp655-665.
In this section
April 1760, 21-30
DIE Lunæ, 21o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Deanburn Bridge, Greenlaw, and other Roads, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the 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 Tweed, near Coldstream," 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."
Kidderminster Road, Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, several Roads leading from the Market-house in the Town of Kidderminster, in the County of Worcester," 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."
Derby Roads, Bill.
The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, several Roads therein mentioned, lying in the Counties of Derby, Leicester, and Warwick," 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."
Raymond's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for exchanging certain Messuages, Lands, and Herediraments, in the Parishes of Beckenham and Lewisham, in the County of Kent, Part of the Estate late of Hugh Raymond Esquire, deceased, for other Lands and Hereditaments in the said Parish of Beckenham, belonging to John Cator the Younger; and for settling the Lands so taken in Exchange to the same Uses as the Lands given in Exchange stand limited; and for enabling Jones Raymond and Peter Burrell Esquires to grant Building Leases of other Parts of the Estate late of the said Hugh Raymond."
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. Montague and Mr. Lane:
To carry down the said Bill, and desire their Concurrence thereto.
L. R. Bertie's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting several Lands and Tenements, in the Parish of Chistehurst, in the County of Kent, given to charitable Uses for the Benefit of the said Parish, in the Right Honourable Robert Bertie Esquire, commonly called Lord Robert Berlie, 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Halifax Road, Bill:
Hodie 3a 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Borrow upon Soar Common, Bill:
Hodie 3a vice lecta est Billa, 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."
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.
Chester, &c. Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from The Bars at Boughton, within the Liberties of the City of Chester, to Whitchurch, and from thence to Newport in the County of Salop, to Ivetsey Bank in the County of Stafford, and from thence to Castle Broomwich and Stone Bridge in the Parish of Hampton on Arden in the County of Warwick, and from Castle Broomwich to Birmingham in the same County."
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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Consolidated Annuities, Bill.
Hodie 2a vice lecta est Billa, 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."
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.
River Weaver, Bill.
A Message was brought from the House of Commons, by the Lord Strange and others:
With a Bill, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for making the River Weaver navigable, from Frodsham Bridge to Windsford Bridge, in the County of Chester; and for the more effectual preserving and improving the Navigation of the said River;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Teatt against Strong: Writ of Error.
A Petition of Ralph Teatt, Plaintiff in a Writ of Error depending in this House, wherein James Strong is Defendant, which stands appointed to be heard on Thursday next, was presented, and read; setting forth, "That the Petitioner's Case has been before His Majesty's Solicitor General, who, by reason of the publick Business he has been engaged in, has not yet been able to settle the same; and when he has settled the same, it will be necessary to have the same settled also by His Majesty's Attorney General, who is One of the Petitioner's Counsel; and that Notice of this Petition has been given to the Defendant's Agent;" and therefore praying, "That the Hearing of this Cause may be put off till Tuesday the 6th Day of May next, or to such other convenient Time as to their Lordships shall seem meet."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Hearing of the said Cause be put off to Tuesday the 6th Day of May next, as desired.
Fulton & al. Magistrates of Paisley, against Murray.
Upon reading the Petition of Robert Fulton and others, Magistrates of the Borough of Paisley, Appellants, and of John Murray Esquire Respondents, in a Cause which stands appointed for hearing on Friday next; praying, "In regard the Petitioners are in Hopes of soon putting an End to the Matters in Dispute between them; that the Hearing of the said Cause may be put off till after those already appointed to be heard:"
It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.
Maidstone Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the amending, widening, and keeping in Repair, the Road leading from the Thirty-nine Mile Stone, at the Upper End of Stone Street in the Town of Maidstone in the County of Kent, to a certain Place called Tubb's Lake in the Parish of Cranbrooke in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Edwards against Carroll.
After hearing Counsel in Part, in the Cause wherein Eleazer Edwards Esquire is Appellant, and James Griffith Carroll Esquire Respondent:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Aprilis, hora undecima Auroræ Dominis sic decernentibus.
DIE Martis, 22o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Adwicke Common, Bill.
The Lord Bishop of Saint Asaph reported from the Lords Committees to whom the Bill, 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," 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 throught the Bill, and directed him to report the same to the House, without any Amendment."
Strode's Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, comprized in a Settlement made by William Strode Esquire, deceased; and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the like Uses," stands committed, be revived; and meet on Monday next; and that Samuel Strode Esquire do attend the said Committee.
Folkesworth Common, Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, and Pasture Grounds, within the Parish of Folksworth, in the County of Huntingdon," stands committed, be revived; and meet on Friday next.
Kidderminster Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads leading from the Market-house in the Town of Kidderminster, in the County of Worcester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Deanburn Bridge, Greenlaw, and other Roads, Bill:
Hodie 3a vice lecta est Billa, 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 Tweed, near Coldstream."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Derby Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads therein mentioned, lying in the Counties of Derby, Leicester, and Warwick."
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 Mr. Montague and Mr. Lane:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Consolidated Annuities, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for adding certain Annuities, granted in the Year One Thousand Seven Hundred and Fiftynine, 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."
After some Time, the House was resumed.
And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Melton Mowbray Common, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the dividing and enclosing the Open and Common Fields in the Parish of Melton Mowbray, in the County of Leicester."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Edwards against Carroll:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Eleazer Edwards of the City of London Merchant, the only acting Executor of the last Will and Testament of Abdiel Edwards late of the City of Dublin Gentleman, deceased, and also Adminstrator of all the Goods and Chattles, Rights, and Credits, of Catherine Edwards deceased (late Catherine Carroll Widow, Relict and One of the Executors of James Carroll late of Baltinglass in the Kingdom of Ireland Esquire deceased, and a Devisee and Annuitant in his Will), which were unadministered by the said Abdiel Edwards her Husband at the Time of his Decease; complaining of an Order of the Court of Exchequer in Ireland, of the 16th Day of July 1759; and praying, "That the same might be reversed; and that this House would be pleased to make such other Order in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of James Griffith Carroll Esquire put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the said Court of Exchequer of the 16th of July 1759, complained of in the said Appeal, whereby the Appellant's Demurrer was over-ruled with Costs, be, and the same is hereby, reversed; and that the Order of the said Court, of the 30th of April 1755, whereby the said Demurrer was allowed, be affirmed: And it is hereby further Ordered, That the Respondent be at Liberty to apply to the said Court of Exchequer in Ireland, by Motion, to rectify the Mistake in deducting the Sum of £. 218 2s. 01/2d. received out of the Personal Estate at the End of the Accompt only, and the Miscomputation of the total Sum arising from thence; and to have that Sum applied to sink the Interest and the Principal of the Arrears of the Annuity from the Time it was actually received; and accordingly to rectify the Computation of the total Sum due, in such Manner as shall be just.
Recommandation from this Majesty, relating to the D. of York's Place in this House.
The Earl of Holdernesse acquainted the House, by the King's Command, "That His Majesty had been graciously pleased to issue Letters Patent, dated the 1st of this Instant April, creating his Royal Highness Prince Edward Augustus Duke of York, whereby his said Royal Highness obtained a Right to sit and vote among their Lordships in Parliament; and His Majesty recommended it to the House, to consider of the Place his said Royal Highness should occupy in the House."
Ordered, That the Matter with which the Earl of Holdernesse hath acquainted the House, by His Majesty's Command, be referred to the Consideration of the Lords Committees for Privileges; and that their Lordships do meet, to take the same into Consideration, on Thursday next; and do report their Opinion thereupon to the House.
Ordered, That all the Lords be summoned for Thursday next.
Causes put off.
Ordered, That the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Segrave Esquire Respondent, et è contra, which stands appointed for To-morrow, be put off till Friday next; and that the other Causes be removed in Course.
Baker & al. against Lightburne & al.
Upon reading the Petition and Appeal of Anderson Baker and Anna his Wife, Abraham White Baker, Mary White, and Frances Shaw; complaining of a Decree of the Court of Chancery in Ireland, pronounced the 31st Day of January 1760, but not passed and signed by the proper Officer of the said Court till the 13th Day of March last; and praying, "That the same may be reversed or varied; or that the Appellants may have such other Relief as to this House in their Lordships great Wisdom shall seem meet; and that Stafford Lightburne Clerk, Administrator of the Effects of Stafford (fn. 1) Lightburne Esquire, deceased, unadministered by Catherine his Widow, also deceased, Alice Murphy Widow, James Fitzgerald and Elizabeth his Wife (which said Elizabeth is Executrix of the said Catherine Lightburne deceased), may be required to answer the said Appeal:"
It is Ordered, That the said Stafford Lightburne, Allice Murphy, James Fitzgerald and Elizabeth his Wife, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 27th Day of May next; and Service of this Order on the Clerks in Court or Attornies of the said Respondents shall be deemed good Service.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Consolidated Annuities, Bill:
Hodie 3a vice lecta est Billa, 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Adwicke, Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, Meadows, Commons, and Waste Grounds, in the Manor or Lordship of Adwicke in the Street, 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 Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Bennett and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Abergavenny School and Poor, Bill.
A Message was brought from the House of Commons, by Sir John Phillips and others:
With a Bill, intituled, "An Act for vesting the Rectory and Tithes of Bedgeworth, granted by King Henry the Eighth to the late dissolved Corporation of Bergavenny, and by them leased to Jesus College in Oxford, towards maintaining a Fellow and Scholars from Bergavenny School; and for vesting other Rectories and Tithes, in the County of Monmouth, granted by the said King Henry to the said Corporation, in Trustees, for supporting the said School, and for Relief of the Poor of the said Town;" to which they desire the Concurrence of this House.
Costock Common, Bill.
A Message was brought from the House of Commons, by Mr. Hewett and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Fields of Costock, otherwise Cortlingstock, in the County of Nottingham, and all the Lands and Grounds within the said Open Fields;" to which they desire the Concurrence of this House.
To regulates the Sale of Fish, Bill.
A Message was brought from the House of Commons, by Mr. Alderman Dickinson and others:
With a Bill, intituled, "An Act to repeal so much of an Act, passed in the Twenty-ninth Year of His present Majesty's Reign, concerning a Free Market for Fish at Westminster, as requires Fishermen to enter their Fishing Vessels at the Office of the Searcher of the Customs at Gravesend; and to regulate the Sale of Fish at the First-hand in the Fish Markets in London and Westminster; and to prevent Salesmen of Fish buying Fish to sell again on their own Account; and to allow Breat and Turbot, Brill and Pearl, although under the respective Dimensions mentioned in a former Act, to be imported and sold; and to punish Persons who shall take or sell any Spawn, Brood, or Fry, of Fish, unsizeable Fish, or Fish out of Season, or Smelts under the Size of Five Inches; and for other Purposes;" to which they desire the Concurrence of this House.
Broughton Sulney Common, Bill.
A Message was brought from the House of Commons, by Mr. Hewett and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Broughton Sulney, in the County of Nottingham;" to which they desire the Concurrence of this House.
The said Four Bills were read the First Time.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsenes Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of York's Seat in this House; Report concerning.
The Lord Delawar reported from the Lords Committees for Privileges, to whom it was referred to consider of the Matter with which the Earl of Holnernesse acquainted the House, by His Majesty's Command, relating to the Place which His Royal Highness the Duke of York should occupy in this House, "That the Committee have met, and considered the Matter to them referred; and have also considered the Statute of the 31st of King Henry the Eighth, for placing of the Lords; and have come to the following Resolution; videlicet, That it is the Opinion of this Committee, that His Royal Highness the Duke of York hath Place and Precedence in this House next after his Royal Highness the Duke of Cumberland, and before the Archbishop of Canterbury, the Lord Chancellor or Lord Keeper of the Great Seal, the Lord President of His Majesty's Privy Council, the Lord Privy Seal, and all other Dukes; and that His Majesty may directed his said Royal Highness to be placed in a Chair, or Seat, to be prepared for him, on the Left Hand of the Cloth of Estate, if such shall be His Royal Pleasure."
Which Report was read by the Clerk.
And the said Resolution, being read a Second Time, was agreed to by the House.
Ordered, That the said Resolution, be laid before His Majesty by the Lords with White Staves.
Abergavenny School and Poor Bill; His Majesty's Consent signified.
The Earl of Holdernesse, acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for vesting the Inheritance of the Rectory and Tithes of Bedgeworth, granted by King Henry the Eighth to the late dissolved Corporation of Bergavenny, and by them leased to Jesus College in Oxford, towards maintaining a Fellow and Scholars from Bergavenny School; and for vesting other Rectories and Tithes, in the County of Monmouth, granted by the said King Henry to the said Corporation, in Trustees, for supporting the said School, and for Relief of the Poor of the said Town, was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."
Chester Road, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from the Bars at Boughton, within the Liberties of the City of Chester, to Whitchurch, and from thence to Newport in the County of Salop, to Ivetsey Bank in the County of Stafford, and from thence to Castle Broonwich and Stone Bridge in the Parish of Hampton on Arden in the County of Warwick, and from Castle Broomwich to Birmingham in the same County," 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."
West Farndon Enclosure, Bill.
The Lord Willoughby of Parham also 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, of and in the Manor, Hamlet, and Liberties, of West Farndon in the Parish of Woodford, otherwise Halse Woodford, in the County of Northampton," 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."
Southam Enclosure, Bill.
The Lord Sandys 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 Parish of Southam, 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."
Abergavenny School and Poor, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the Inheritance of the Rectory and Tithes of Bedgeworth, granted by King Henry the Eighth to the late dissolved Corporation of Bergavenny, and by them leased to Jesus College, in Oxford, towards maintaining a Fellow and Scholars from Bergavenny School; and for vesting other Rectories and Tithes, in the County of Monmouth, granted by the said King Henry to the said Corporation, in Trustees, for supporting the said School, and for Relief of the Poor of the said Town."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday the 9th Day of May next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
River Weaver Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester; and for the more effectual preserving and improving the Navigation of the said River."
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 Tuesday next, at the usual Time and Place; and to adjourn as they please.
Ardsley Common, Bill.
A Message was brought from the House of Commons, by Sir George Saville and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open Common in the Township of Ardsley and Parish of Darfield, in the West Riding of the County of York;" to which they desire the Concurrence of this House.
Hinckley Common, Bill.
A Message was brought from the House of Commons, by Sir Thomas Palmer and others:
With a Bill, intituled, "An Act for enclosing and dividing the Open and Common Fields of Hinckley, in the County of Leicester;" to which they desire the Concurrence of this House.
Courts Baron in the High Peak, &c. Bill.
A Message was brought from the House of Commons, by Mr. Thornton and others:
With a Bill, intituled, "An Act for regulating the Proceedings in Personal Actions in the respective Courts Baron of the Hundred of High Peak and Manor of Castleton, in the County of Derby;" to which they desire the Concurrence of this House.
London Streets, &c. to widen, Bill.
A Message was brought from the House of Commons, by Sir Robert Ladbroke and others:
With a Bill, intituled, "An Act for widening certain Lanes and Passages within the City of London and Liberties thereof, and for opening certain new Streets and Ways within the same; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.
The said Four Bills were read the First Time.
Broughton Sulney Common, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Broughton Sulney, in the County of Nottingham."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.
Costock Common, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields of Costock, otherwise Contlingstock, in the County of Nottingham, and all the Lands and Grounds within the said Open Fields."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Strode's Bill: Motion to dispense with a Standing Order.
The House was 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 selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, comprized in a Settlement made by William Strode Esquire, deceased; and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the like Uses," Stands committed, may proceed thereupon, notwithstanding there is not yet an actual Agreement made for the Purchase of another, Estate, to be settled in Lieu of that directed 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.
Launceston Road, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, several Roads leading to the Borough of Launceston, in the County of Cornwall," 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 made One Amendment thereto."
Which Amendment was read by the Clerk, as follows:
"Press 58. L. 22. Leave out from ["in"] to ["defending"], in the 25th Line of the same Press."
And the said Amendment, being read a Second Time, was disagreed to by the House.
Sir M. Fetherston's Bill: Motion to dispense with a Standing Order,
The House was 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 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," 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 directed 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.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum quintum diem instantis (fn. 2) Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Fen Lands to drain, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, 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 Mildenhall; 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," 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."
Maidstone Road, Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for the amending, widening, and keeping in Repair, the Road leading from the Thirty-nine Mile Stone at the upper End of Stone Street in the Town of Maidstone in the County of Kent, to a certain Place called Tubb's Lake in the Parish of Cranbrooke in the said County," 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."
Strode's Bill:
The Ordered, of the Day was read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order 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 selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, comprized in a Settlement made by William Strode Esquire, deceased, and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the Like Uses," stands committed, may proceed thereupon, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, in Lieu of that directed to be sold, as required by the said Standing Order.
And Consideration being had thereof accordingly;
Standing Order dispensed with.
Ordered, That the said Standing Order be dispensed with, in this Case.
Sir M. Fetherston's Bill.
The Order of the Day was likewise read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order, 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 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," stands committed, may proceed thereupon, notwithstanding there is not an actual Agreement yet made for the Purchase of another Estate, in Lieu of that directed to be sold, as required by the said Standing Order.
And Consideration being had thereof accordingly:
Standing Order dispensed with.
Ordered, That the said Standing Order be dispensed with, in this Case.
Message from H. C. to return Bowles Committee of Beynon's Bill.
A Message was brought from the House of Commons, by Mr. Rose Fuller and others:
To return the Bill, intituled, "An Act for Sale of the Real Estate of Thomas Beynon Esquire, a Lunatick, for discharging the Encumbrances affecting the same; and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Thomas Beynon and his Heirs;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Charteris's Bill.
A Message was brought from the House of Commons, by Mr. Veitch and others:
To return the Bill, intituled, "An Act for Sale of Part of the entailed Estate of the late Francis Charteris Esquire; and for purchasing of other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.
The E. of Hopeton, Curator of M. of Annandale, Bill.
A Message was brought from the House of Commons, by Mr. Verich and others:
To return the Bill, intituled, "An Act to enable John Earl of Hopetoun, Curator of Law to George Vanden Bempde Marquis of Annandale his Uncle, a Lunatick, and the Curator of Law of the said Marquis for the Time being, to grant Feus of certain Lands, Houses, and others, in the County of Dumfries; and to exchange the Lands therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
the D. of Devonshire's Bill;
A Message was brought from the House of Commons, by Major General Cornwallis and others:
To return the Bill, intituled, "An Act to empower the most Noble William Duke of Devonshire to make Leases, for any Term not exceeding Ninety-nine Years, of certain Estates lying in the Parish of Saint James Westminster in the County of Middlesex; devised to him by the Will of the Right Honourable Dorothy Countess of Burlington, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Spencer's Bill.
A Message was brought from the House of Commons, by Major General Cornwallis and others:
To return the Bill, intituled, "An Act to empower John Spencer Esquire, to make Leases of the Manor of Wimbledon, and of Lands and Grounds in Wimbledon, Barnes, Mortlake, East Sheen, Putney, and Wandsworth, in the County of Surry, given and devised by, and purchased in Pursuance of, the Will of the most Noble Sarah late Dutchess Dowager of Marlborough, respectively, in order for building upon and improving the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Fagge's and Sir J. Peachy's Bill.
A Message was brought from the House of Commons, by Mr. Montagu and others:
To return the Bill, intituled, "An Act for vesting certain Tenements and Hereditaments in the County of Sussex, settled by John Meres Fagge Esquire, upon the Marriage of Elizabeth his Daughter with Sir John Peachey Baronet, in Trustees, to convey the same to Sir William Peere Williams Baronet; and for settling Lands and Hereditaments in the County of Kent, of greater Value, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Keith, late Earl Marischall, to sue, notwithstanding his Attainder, Bill.
A Message was brought from the House of Commons, by Mr. Forester and others:
With a Bill, intituled, "An Act to enable George Keith late Earl Marischall to sue or maintain any Action or Suit, notwithstanding his Attainder, and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Launceston Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads, leading to the Borough of Launceston in the County of Cornwall."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Southam Common, Bill:
Hodie 3a 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 Parish of Southam, in the County of Warwick."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
West Farndon Common, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Manor, Hamlet, and Liberties, of West Farndon, in the Parish of Woodford, otherwise Halse Woodford, in the County of Northampton."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Chester Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Bars at Boughton within the Liberties of the City of Chester to Whitchurch, and from thence to Newport in the County of Salop, to Ivetsey Bank in the County of Stafford, and from thence to Castle Broomwich and Stone Bridge in the Parish of Hampton on Arden in the County of Warwick; and from Castle Broomwich to Birmingham in the same County."
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 the House of Commons, by Mr. Bonner and Mr. Browning:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Claims to the Title of E. of Cassillis:
The House was moved, "To take into Consideration the Petition of William Earl of March and Ruglen which was presented to the House and read the 15th Instant, and then ordered to lie on the Table; setting forth, That the Petitioner having applied, by Petition to His Majesty, 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 to His Majesty, claimed the same Titles and Honours, His Majesty was 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 Lords Committees have appointed Monday the 5th Day of May next, for hearing the said Petitions;" and praying, for the Reasons therein alleged, "That the said Hearing may be put off till proper Searches can be made in Scotland for the Evidence necessary to support the Petitioner's Claim."
And thereupon the Agents for both the said Claimants were called in, and heard at the Bar.
And being withdrawn:
Hearing put off.
Ordered, That the Hearing of the said Claim, upon both the said Petitions, before the Lords Committees for Privileges, be put off till Monday the 2d Day of June next; and that His Majesty's Attorney General and His Majesty's Advocate for Scotland have Notice thereof.
The King's Answer relating to D. of York's Seat in the House.
The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) laid before His Majesty their Lordships Resolution of Yesterday, relating to the Place and Precedence of His Royal Highness the Duke of York in this House; and that His Majesty was pleased to say, He would give Directions for a Chair, or Seat, to be prepared for his said Royal Highness, on the Left Hand of the Cloth of Estate."
Ellis against Seagrave; et è contra.
After hearing Counsel in Part, in the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Seagrave Esquire is Respondent; et è contra.
It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Cause which stands for that Day be put off to Wednesday; and the other Causes removed in Course.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Strode's Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, comprized in a Settlement made by William Strode Esquire, deceased; and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the like Uses," 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.
Melton Mowbray Common, Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the 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," 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."
Folkesworth Common, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, and Pasture Grounds, within the Parish of Folksworth, in the County of Huntingdon," 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."
Fen Lands to Drain, Bill:
Hodie 3a 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 Mildenhall; 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Maidstone Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the amending, widening, and keeping in Repair, the Road leading from the Thirty-nine Mile Stone at the upper End of Stone Street in the Town of Maidstone in the County of Kent, to a certain Place called Tubb's Lake in the Parish of Cranbrooke in the said County."
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 Mr. Montague and Mr. Spicer:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Sale of Fish to reguiate, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to repeal so much of an Act passed in the Twentyninth Year of His present Majesty's Reign, concerning a Free Market for Fish at Westminster, as requires Fishermen to enter their Fishing Vessels at the Office of the Searcher of the Customs at Gravesend; and to regulate the Sale of Fish at the first Hand in the Fish Markets in London and Westminster; and to prevent Salesmen of Fish buying Fish to sell again on their own Account; and to allow Bret and Turbot, Brill and Pearl, although under the respective Dimensions mentioned in a former Act, to be imported and sold; and to punish Persons who shall take or sell any Spawn, Brood, or Fry of Fish, unsizeable Fish, or Fish out of Season, or Smelts under the Size of Five Inches; and for other Purposes."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Ardsley Common Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common in the Township of Ardsley and Parish of Darfield, 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 Friday next, at the usual Time and Place; and to adjourn as they please.
Welby to enter into Recognizance for Anderson & al.
The House being moved, "That William Welby of The Middle Temple Gentleman may be permitted to enter into a Recognizance for Anderson Baker and others, on account of their Appeal depending in this House; they living in Ireland:"
It is Ordered, That the said William Welby may enter into a Recognizance for the said Appellants, as desired.
Ellis against Seagrave.
Ordered, That the further Hearing of the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Seagrave Esquire Respondent, et è contra, which is appointed for this Day, be put off till Friday next; and that the other Causes be removed in Course.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.