House of Lords Journal Volume 33: February 1771, 21-28

Die Jovis, 21^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bruce against Carstairs.

The Answer of James Bruce Carstairs Esquire, to the Cross Appeal of Miss Anna Bruce, was this Day brought in.

Forth and Clyde Navigation Bill.

The Earl of Abercorn reported from the Lords Committees, to whom the Bill, intituled, An Act to explain, amend, and render more effectual an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act for making and maintaining a Navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a Navigable Cut or Canal of Communication, from the Port and Harbour of Borrowstounness, to join the said Canal at or near the Place where it will fall into the Firth of Forth; 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.

Underwoods Bill.

The Earl of Abercorn also reported from the Lords Committees, to whom the Bill, intituled, An Act for establishing and confirming an Exchange of a certain Piece of enclosed Land in the Parish of East Barnet in the County of Hertford and Diocese of London, for other enclosed Land, Parcel of the Glebe of the said Parish, pursuant to an Agreement between Benjamin Underwood Clerk, Master of Arts, Rector of the said Parish of East Barnet, and John Pybus Esquire; 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.

Bishop of Durhams Estate Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to render valid and effectual certain Articles of Agreement between William Lambton Esquire, and the Honourable and Right Reverend Richard Lord Bishop of Durham, and the other Persons therein named.

The Question was put; Whether this Bill shall pass?

It was resolved in the Affirmative.

Sir Francis Blake, Delavals Estate Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to empower Sir Francis Blake Delaval, Knight of the Bath, or the Person or Persons claiming under a Settlement of his Family Estates, dated the Nineteenth Day of January One thousand seven hundred and forty-eight, to grant to Thomas Delaval Esquire, his Heirs and Assigns, a certain Parcel of Land and Buildings, Liberties and Privileges; and also to grant Two several Leases for Ninety-nine Years each, to or in Trust for the said Thomas Delaval, and Sir John Hussey Delaval Baronet, of certain Lands, Copperas Works, Buildings; Liberties, and Privileges, in the Manors of Hartley and Seaton Delaval in the County or Northumberland, Part of the settled Estates of the said Sir Francis Blake Delaval; and for other Purposes therein mentioned.

The Question was put; Whether this Bill shall pass?

It was resolved in the Affirmative.

Lady Midletons Estate Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for explaining and amending an Act, intituled, An Act for vesting Part of the Fee Simple Estate of George late Lord Viscount Midleton of the Kingdom of Ireland, in Trustees, to be sold for paying the Debts, Legacies, and Incumbrances, mentioned in and appointed to be paid by his Will; and for executing and effectuating several Contracts entered into by him, for selling and leasing divers Farms and Lands in Ireland; and for making the Exemplification of his Will Evidence in Law and Equity.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Bishop of Herefords Estate Bills

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the Bishop of Hereford to exchange certain Lands and Premises in the County of Hereford.

The Question was put; Whether this Bill shall pass?

It was resolved iii the Affirmative;

Essingtons Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for effectuating a Conveyance of the Real Estates late of John Essington Esquire deceased, to the Purchasers thereof, under a Decree or Order of the High Court of Chancery:

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Mackenzie and Graviers to take the Name of Godfrey, Bill.

Hodie 3^a vice lecta est Billa, intituled; An Act to enable William Mackenzie, David Gravier, and John Gravier, respectively, and the Heirs Male of their respective Bodies, to take and life the Surname and Arms of Godfrey.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Noverres Naturalization Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Augustin Noverre.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Anguish and Mr. Cuddon:

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

Charteriss Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable, Francis Charteris Esquire, heretofore called Francis Wemyss, and the Heirs of his Body, and several other Persons therein named, and the Heirs, of their respective Bodies, to retain, assume, and sign the Name of Charteris, and to bear the Arms of Charteris, and to hold and enjoy the Estate therein mentioned, notwithstanding the Descent to him or them respectively of the Honour and Title of Wemyss or any other Honour or Title whatsoever.

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 8th Day of March next, at Ten o;Clock in the Forenoon, in the Princes Lodgings near the House of Peers and to adjourn as they please.

Keyham Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing, allotting, and enclosing the Open Fields and Commonable Places in Keyham in the Parish of Kothley and County of Leicester.

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.

Kirby Mallory Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields and Common Pastures in the Parish of Kirby Mallory in the County of Leicester.

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

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

Hill Croome Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, Meadows, Commons, or Waste Lands, within the Manor and Parish of Hill Croome in the County of Worcester.

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

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

Whitechapel Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better paving that Part of the High Street in the Parish of Saint Mary Matfellon, otherwise Whitechapel, which lies in the County of Middlesex, and for removing Obstructions and Annoyances therein.

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

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

Goodmans Fields Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for better paving the Streets, Squares, Lanes, Courts, Alleys, Ways, and other public Passages in that Part of Goodmans Fields which lies in the Parish of Saint Mary Matfellon, otherwise Whitechapel, in the County of Middlesex; and also Red Lion Street and White Lion Street, lying contiguous to the said Fields; and for removing and preventing Nuisances, Annoyances, and Obstructions therein.

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

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

Macartneys Exemplification Bill;

Hodie 2^a vice lecta est Billa, intituled, An Act for making the Exemplification of the last Will and Testament of Francis Macartney Esquire deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland.

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;

E. Stanhopes Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for rendering valid and effectual certain Articles of Agreement bearing date the Twenty-first Day of July One thousand seven hundred and seventy, made between Frances Countess Dowager of Londonderry, Philip Earl Stanhope, and others; and for vesting several Manors, Lands, and Hereditaments, in the Counties of Devon and Pilts, in Trustees, for the Purposes in the Act mentioned.

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

Their Lordships, or any Five of them, to meet on Friday the 8th Day of March next, at the usual Time and Place; and to adjourn as they please.

Renners Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing Henry Renner.

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.

E. Belvedere against Rochfort, Pleadings proved.

The House being informed, That Thomas Pleasants Esquire attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Robert Earl of Belvedere in the Kingdom of Ireland is Appellant, and William Rochfort Esquire is Respondent;

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

And then he withdrew.

Respondents peremptorily to answer Macdonalds Appeal.

The House being informed, That Ranald Macdonald and others, Respondents to the Appeal of Colin Macdonald of Brisdale, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of William Walker Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Bruce against Carstairs.

The Answer of Miss Anna Bruce of Arnot, to the Appeal of James Bruce Carstairs Esquire, was this Day brought in:

Carstairs against Bruce et e con.

The House being moved, That a Day may be appointed for hearing the Cause wherein James Bruce Carstairs Esquire is Appellant, and Miss Anna Bruce of Arnot is Respondent:

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

Dickson against the Presbytery of Biggar.

The House being moved, That a Day may be appointed for hearing the Cause wherein David Dickson of Kilhucho Esquire is Appellant, and the Ministers of the Presbytery of Biggar and others are Respondents:

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

Petition of Clerk of the Parliaments for Mr. William Cowper, the intended Clerk Assistant, to be admitted to the Table for the remaining Part of the Session.

A Petition of Ashley Cowper Esquire Clerk of the Parliaments, was presented and read; setting forth, That, upon the Twentieth Day of May 1765, the Lord Chancellor acquainted the House, That he was desired by Mr. Cowper the Clerk of the Parliaments to inform their Lordships, that upon the Resignation of Mr. Joseph Wight, the Clerk Assistant, he had appointed, Mr. Samuel Strutt Clerk Assistant, under certain Conditions in a Paper mentioned which the said Mr. Cowper and Mr. Strutt had sighed, and which the Clerk of the Parliaments hoped would have their Lordships Approbation: The said Paper was read by the Lord Chancellor as follows:

That Mr. Cowper the Clerk of the Parliaments have Leave of this House to appoint Mr. Strutt Clerk Assistant, with the whole Profits thereof, till either of Mr. William Cowpers Sons shall attain the Age of Twenty one Years, and shall be approved by the House of Lords as a Person sufficient for the Execution of the said Office; and in case either, of Mr. Cowpers Sons shall be admitted into such Office, such Son is to allow Three hundred Pounds per Annum to Mr. Strutt, during such Sons continuing in the said Office, such Annuity determinable nevertheless with the Life of Mr. Strutt, or upon Mr. Cowpers appointing him to the Office of Reading Clerk, with the like Approbation;

Ashley Cowper, Cler Parliament or. Samuel Strutt.;

The same was agreed to by the House, and Ordered accordingly: That in consequences of their Lordships said Order, Mr. William Cowper, the eldest Son of Mr; William Cowper, has, from the Time he quitted the University, at the Beginning of the last Session of Parliament, diligently and solely applied himself and given up his Time to the acquiring the Knowledge of the businesss of the Office of their Lordships Clerk Assistant, and constantly, during the last Vacation, and since, employed himself at the Public Office, and during the Sitting of Parliament has attended to the Business of the House: That he will arrive at the Age of Twenty one Years on the Sixteenth Day of May next: That in order the more entirely to perfect himself in the said Business, and to make himself the more capable of entering upon the Exercise of the said Office, with their Lordships Permission, when he shall have arrived at the Age of Twenty one, the Clerk of the Parliaments most humbly hopes their Lordships will think it fit, that he should be permitted to attend at the Table during the remaining Part of this Session.

Which being objected to;

After Debate,

The Question was put thereupon:

It was resolved in the Affirmative;

Ordered, That the said William Cowper Esquire be permitted to attend at the Table during the remaining Part of this Session.

Petition Mr. Strutt, relative to his office of Clerk Assistant, referred to a Committee.

A Petition of Samuel Strutt, Clerk Assistant in, this Most Honourable House, was presented and read setting forth, That the Petitioner, after having been near Eleven Years in the Parliament Office, as a Writing Clerks without any Salary, was, in the year 1764, declared by their Lordships to be Copying Clerk, in consequence of a Report from a Committee appointed to consider of the Appointments made by Ashley Cowper Esquire, Clerk of the Parliaments, of Mr. Robert Arnott to be Reading Clerk and Copying Clerk, in the Room of William De Grey Esquire, who had resigned, and of Mr. Blyke to be the Clerk of the Journals in the Room of Mr. Francis Macklay deceased: That upon a Petition of Mr. Wight, their Lordships then Clerk Assistant, the Petitioner was by their Lordships permitted to assist him in the Execution of his Office, and continued to do so till the 13th of May 1765, when the said Mr. Wight, upon his Petition, was by their Lordships allowed to resign his said Office of Clerk Assistant, and was, by an Address of this Most Honourable House, recommended to His Majesty for His Royal Bounty: That on the Twentieth of May 1765, the Petitioner was by the said Mr. Ashley Cowper, with their Lordships Leave and Approbation, appointed Clerk Assistant under certain Conditions, which are as follow:

That Mr. Cowper, the Clerk of the Parliaments, have Leave of this House to appoint Mr. Strutt Clerk Assistant, with the whole Profits thereof, till either of Mr. William Cowpers Sons shall attain the Age of Twenty-one Years, and shall be approved by the House of Lords as a Person sufficient for the Execution of the said Office; and in case either of Mr. Cowpers Sons shall be admitted into such Office, such Son is to allow Three hundred Pounds per Annum to Mr. Strutt during such Sons continuing in the said Office, such Annuity determinable nevertheless with the Life of Mr. Strutt, or upon Mr. Cowpers appointing him to the Office of Reading Clerk, with the like Approbation;

Ashley Cowper, Cler Parliament or. Samuel Strutt.

That the Petitioner, upon his being appointed Clerk Assistant, was obliged to resign his Place of Copying Clerk, and another was appointed in his Room: that in the Month of August 1769, the said Mr. William Cowper, who is named in the Patent of Clerk of the Parliaments with Mr. Ashley Cowper, and who was in Fact the real Clerk of the Parliaments, he receiving all the Profits of the Place, (which Profits are now paid to the said Mr. William Cowpers Brother), died, and Mr. Ashley Cowper is now the only surviving Person named in the Patent: That in December 1769, the Petitioner received an Intimation from Mr. Ashley Cowper, that he intended, with their Lordships Leave, to bring Mr; William Cowper, Son of the said Mr. William Cowper deceased, and who will become of Age in May 1771, to their Lordships Table, in order to qualify himself for the Place of Clerk Assistant, on his coming of Age, but the said Mr. Cowper has not yet been admitted to the Table: That the present Clerk of the Parliaments being advanced in Years, it may happen that the Patent may become Void, and a new Clerk of the Parliaments be appointed, in which Event the petitioner will be deprived of all Hopes of succeeding to the Reading Clerks Place, as the Agreement entered into by Mr. Ashley Cowper and the Petitioner so far as it relates to that Place, will not be binding upon a new Clerk of the Parliaments; and should Mr. Cowpers Son be appointed Clerk Assistant, and Die in the Life time of the Petitioner, the Petitioner, after having been upwards of Eighteen Years in their Lordships Service, and having been obliged to resign a Place, the Annual Income of which is almost equal to the Sum to be paid him by the said Mr. Cowper, will be deprived of any Provision whatsoever; and therefore praying this Most Honourable House to take his Case into Consideration, and to make such Order therein as to their Lordships, in their great Wisdom and Justice, shall seem meet.

Ordered, That the said Petition be referred to a Committee to consider thereof, and to report to the House what they shall think proper thereupon.

Ordered, That all the Lords who have been present this Session, be of that Committee:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Februarii, hora undecima Auror, Dominis fie decernentibus.

Die Veneris, 22^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

MKinnon against Sir Alexander Macdonald and another.

After hearing Counsel in Part in the Cause wherein, Charles MKinnon and his Curators are Appellants, and Sir Alexander Macdonald Baronet and another are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next.

Gertchen takes the Oaths.

Zacharias Gertchen took the Oaths in order to his Naturalization.

Roveray et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for naturalizing John Peter Du Roveray, John Daniel Neville, John Peter Eynard, and David Chollet.

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

Their Lordships, of any Five of them, to meet on Tuesday next at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Gertchens Petition to be added to it.

Ordered, That the Petition of Zacharias Gertchen, praying, That his Name may be inserted in the last mentioned Bill, be referred to the said Committee.

Sutherland Peerage, Sitting of the Committee put off.

Ordered, That the Sitting of the Committee of Privileges appointed to consider of the Sutherland Claims of Peerage, which stands appointed for Monday next, be put off to Monday Sevennight.

Oxford Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better regulating the Poor within the City of Oxford.

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.

Underwoods Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for establishing and confirming an Exchange of a certain Piece of enclosed Land in the Parish of East Barnet, in the County of Hertford and Diocese of London, for other enclosed Land, Parcel of the Glebe of the said Parish, pursuant to an Agreement between Benjamin Underwood Clerk, Matter of Arts, Rector of the said Parish of East Barnet, and John Pybus Esquire.

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. Anguish and Mr. Cuddon:

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

Birmingham Canal Bill:

Moved, That the Order for hearing Counset on Monday next against the Bill, intituled, An Act to oblige the Company of Proprietors of the Birmingham Canal Navigation to complete the said Canal to a Field called Newhall Ring, adjoining to the Town of Birmingham, in the County of Warwick, within a limited Time and to maintain and keep the same free and open for the Passage of Boats, Barges, and other Vessels; And also for hearing Counsel for the said Bill be read:

The said Order was accordingly read by the Clerk:

Ordered, That the said Order be discharged.

Then it was moved, That the said Bill be now read the Third Time:

The same was agreed to, and Ordered accordingly.

Hodie 3^a vice lecta est Billa, intituled, An Act to oblige, the Company of Proprietors of the Birmingham Canal Navigation to complete the said Canal to a Field called Newhall Ring, adjoining to the Town of Birmingham, in the County of Warwick, within a limited Time, and to maintain and keep the same free and open for the Passage of Boats, Barges, and other vessels.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative;

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

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

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

Middleson Tyas Lane Road Bill.

A Message was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, An Act to continue and render more effectual an Act made in the Seventeenth Year of the Reign of His late Majesty, for repairing the Road from the End of Middleson Tyas Lane to Greetabridge, and from thence to Bowes, in the North Riding of the County of York; to which they desire the Concurrence of this House.

Barniker Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing Barniker Moor, within the Manor of Nether Wyersdale, in the County Palatine of Lancaster ; to which they desire the Concurrence of this House.

Sproxton Enclosure Bill.

A Message was brought from the House of Commons, by Colonel St. Leger and others:

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Sproxton in the County of Leicester; to which they desire the Concurrence of this House.

Knaresborough, &c. Road Bill:

A Message was brought from the House of Corilmons, by Mr. Daniel Lascelles and others:

With a Bill, intituled, An Act to enlarge the Term, and Powers of an Act made, in the Twenty-fifth Year of His late Majesty, for repairing the Road from Knaresborough in the County of York; by Longflatt Lane, Gouldsbrough Fields, Flaxby, Allerton, Mauleverer, and Scate Moor, to Greenhamerton, in the same County, and for making the same a High Carriage Road; to which they desire the Concurrence of this House;

Tadcaster, &c. Road Bill.

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

With a Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year, of His late Majesty, for repairing and widening the Road from the Town Tadcaster, through Collingham, Harewood, Arthington, and Pool to the Town of Otley in the West Riding of the County of York; to which they desire the Concurrence of this House.

Saltby Enclosure Bill.

A Message was brought from the House of Commons by Colonel St. Leger and others:

With a Bill intituled An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heaths, and other Commonable Lands in the Parish of Saltby in the County of Leicester; to which they desire the Concurrence of this House.

The said Six Bills were severally read the First Time.

Committees of Lunatics to grant Leases, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable Lunatics, entitled to renew Leases, their Guardians and Committees, to accept of Surrenders of old Leases, and grant new Ones.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next.

Causes put off.

Ordered, That the Cause which stands for Monday next, be put off to Wednesday next; and that the Rest of the Causes be removed in course.

Forth and Clyde Navigation Bill.

Hodie 3^a like lecta est Billa, intituled, An Act to explain, amend, and sender more effectual, an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act for making and maintaining a Navigable Cut or Canal from the Firth or River of Forth, at or near the Mouth of the River of Carron, in the County of Stirling, to the Firth or River of Clyde, at or near a Place called Dalmuir Burnfoot, in the County of Dumbarton; and also a collateral Cut from the same to the City of Glasgow; and for making a Navigable Cut or Canal of Communication from the Port and Harbour of Borrowstounness, to join the said Canal at or near the Place where it will fall into the First of Forth.

The Question was put, Whether this Bill shall pass.

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Lunae, 25^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

MKinnon against Sir Alexander Macdonald and another.

After hearing counsel,as well on Friday last as this Day, upon the Petition and Appeal of Charles MKinnon and his Curators, complaining of Four Interlocutors of the Lords of Session in Scotland of the 25th of January 1763, 12th of December 1764, and 15th and 27th of February 1765 and praying, That the same might be reversed, or that the Appellants might have such Relief in the Premises as to this House,in their Lordships great Wisdom,should seem meet; as also upon the Answer of Sir Alexander Macdonald of Macdonald Baronet, and John Mackenzie of Delvin Esquire, Clerk to the Signet, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Keyham Enclosure Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing, allotting, and enclosing the Open Fields, and Commonable Places in Keyham in the Parish of Rothlay and 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.

Kirkby Mallory Enclosure Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields and Common Pastures in the Parish of Kirkby Mallory, in the County of Leicester, was committed.

Goodmans Fields Paving Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for better paving the Streets, Squares, Lanes, Courts, Alleys, Ways, and other Public Passages, in that Part of Goodmans Fields which lies in the Parish of Saint Mary Matfellon, otherwise Whitechapel, in the County of Middlesex; and also Red Lion Street and White Lion Street, lying contiguous to the said Fields; and for removing and preventing Nuisances, Annoyances, and Obstructions therein, 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.

Worcester Paving Bill;

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to explain a Clause in an Act of the last Session of Parliament, for better supplying the City of Worcester, and the Liberties thereof, with Water; and for better paving and lighting the said City; and for removing and preventing all Obstructions and Annoyances therein, was committed.

Middleton Tyas Lane Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to continue and render more effectual an Act made in the Seventeenth Year of the Reign of His late Majesty, for repairing the Road from the End of Middleton Tyas Lane to Greetabridge and from thence to Bowes in the North Riding of the County York.

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

Their Lordships, or any Five of them, to meet Tomorrow, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Barniker Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing Barniker Moor, within the Manor of Nether Wyersdale in the County Palatine of Lancaster.

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

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

Luttrell against Netterville et Ux.

The House being moved, That a Day may be appointed for hearing the Cause wherein John Luttrell is Appellant, and Robert Netterville et Ux. are Respondents:

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

Cusack et Ux. against Gilbert et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein James Cusack et Ux. are Appellants, and Robert Gilbert is Respondent:

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

E. Home against Alcorn.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Earl of Home is Appellant, and James Alcorn is Respondent:

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

E. Home against Steel and Wilson.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Earl of Home is Appellant, and Janet Steel and William Wilson are Respondents:

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

E. Home against Wilson.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Earl of Home is Appellant, and William Wilson is Respondent:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum sextum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 26 ^o Februarii 1771.

Domini tam Spirituales quam Temporales prsens fuerunt:

PRAYERS.

Sutherland Claim of Peerage, Sitting of Committee put off.

Ordered, That the Sitting of the Committee of Privileges, appointed to consider of the Sutherland Claims of Peerage, which stands appointed for Monday next, be put of till Tomorrow Sevennight.

Bishop of Chester takes the Oaths.

William Lord Bishop of Chester took the Oaths, and made and aubacribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Committees of Lunatics to make Leases of their Estates, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act to enable Lunaticks entitled to renew Leases, their Guardians, and Committees, to accept of Surrenders of old Leases and grant new Ones.

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

After some Time the House was resumed:

And the Lord Sandys reported from the Committee, That, they 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

Great Brickhill Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lammas Grounds, and other Commonable Lands and Grounds in the Parish of Great Brickhill in the County of Bucks; to which they desire the Concurrence of this House.

Rilston Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the several Stinted Pastures called the North Moor, Longhill Bark, and Garforth Close, within the Township of Rilston in the West Riding of the County of York; to which they desire the Concurrence of this House.

The said Two Bills were severally read the First Time.

To restrain Persons divorced, from marrying with the offending Party, Bill.

The Duke of Athol presented to the House a Bill, intituled, An Act to restrain Persons who shall be divorced for the Crime of Adultery from marrying or contracting Matrimony with the Party with whom they have been proved to have carried on such criminal Intercourse, and to declare the Issue of such Marriages incapable of inheriting.

The said Bill was read the First Time.

Oxford Poor Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for the better regulating the Poor within the City of Oxford, 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.

Macartneys Exemplification Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for making the Exemplification of the last Will and Testament of Francis Macartney Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland, was committed.

Whitechapel Paving Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for the better paving that Part of the High Street in the Parish of Saint Mary Matfellon, otherwise Whitechapel, which lies in the County of Middlesex, and for removing Obstructions and Annoyances therein, was committed.

Middleton Tvas Road Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to continue and render more effectual an Act made in the Seventeenth Year of the Reign of His late Majesty, for repairing the Road from the End of Middleton Tyas Lane to Greetabridge, and from thence to Bowes, in the North Riding of the County of York, was committed.

Renners Naturalisation Bill.

The Lord Boston made the like Report from, the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Henry Renner, was committed.

Barniker Enclosure Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing Barniker Moor, within the Manor of Nether Wyersdale in the County Palatine of Lancaster, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; 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.

Hill Croome Enclosure Bill; the Kings Consent signified to it.

The Earl of Halifax acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the Common Fields, Meadows, Commons,or Waste Lands, within the Manor and Parish of Hill Croome in the County of Worcester, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common Fields, Meadows, Commons, or Waste Lands, within the Manor and Parish of Hill Croome 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; 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.

Kirkby Mallory Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, and Common Pastures in the Parish of Kirkby Mallory in the County of Leicester.

The Question was put,Whether this Bill shall pass?

It was resolved in the Affirmative.

Keyham Enclosure Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing,allotting, and enclosing the Open Fields and Commonable Places in Keyham, in the Parish of Rothley and County of Leicester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Worcester Paving Bills.

Hodie 3^a vice lecta est Billa, intituled, An Act to explain a Clause in an Act of the last Session of Parliament for better supplying the City of Worcester and the Liberties thereof with Water; and for better paying and lighting the said City; and for removing and preventing all Obstructions and Annoyances therein.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Goodmans Fields Paving Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for better paving the Streets, Squares, Lanes, Courts, Alleys, Ways, and other Public Passages in that Part of Goodmans Fields which lies in the Parish of Saint Mary Matfellon, otherwise Whitechapel, in the County of Middlesex; and also Red Lion Street and White Lion Street, lying contiguous to the said Fields; and for removing and preventing Nuisances, Annoyances, and Obstructions therein.

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 Four preceding Bills.

A Message was sent to the House of Commons, by Mr. Cuddon and Mr. Montague:

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

Fairfield Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Common Pasture, Commons, and Waste Grounds, within the Township, Hamlet, or Liberty of Fairfield, in the Parish of Hope and County of Derby.

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 oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn, as they please.

Sproxton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Sproxton in the County of Leicester.

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

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

Saltby Enclosure Bill:

Hodie 2^a vice lecta est Billa, Intituled, Ah Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Heath, and other Commonable Lands, in the Parish of Saltby in the County of Leicester.

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

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

Knaresbrough, &c Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of His late Majesty, for repairing the Road from Knaresbrough, in the County York, by Longflat Lane, Gouldsbrough Fields, Flaxby, Allerton, Mauleverer, and Scate Moor, to Green Hamerton in the same County; and for making the same a High Carriage Road.

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

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

Tadcaster, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-sixth Year of His late Majesty, for repairing and widening the Road from the Town of Tadcaster through Collingham, Harewood, Arthington, and Pool, to the Town of Otley in the West Riding of the County of York.

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

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

Mores Exemplification Bill.

The Lord Boston presented to the House (pursuant to an Order of Leave of the 8th Day of February last)a Bill, intituled, An Act for exemplifying or enrolling the Will of Charles Macarthy More deceased; and making the same Evidence as Well in Ireland as Great Britain.

The said Bill was read the First Time.

Dickenson and Blakes Petition to receive their Appeal, though out of Time.

A Petition of John Dickenson the Younger, and Walter Blake, was presented and read; praying, for the Reasons therein mentioned, to receive their Appeal from Decretal Orders of the Court of Exchequer;in Ireland, notwithstanding the same is not brought within the Time limited by the Standing Order of the House.

And thereupon the Agent for the Appellant was called in, and heard at the Bar:

And being withdrawn:

Ordered, That the said Appeal be received as desired.

Dickenson and Blake against Blake.

Whereupon, upon reading the Petition and Appeal of John Dickenson the Younger, late of London, since of Manchester in Lancashire, and now of Taxhall in the County of Chester in the Kingdom of Great Britain, Merchant, and Walter Blake late of Carnmore in the County of Galway, but now of Carrowbrowne in the County of the Town of Galway, Gentleman; complaining of Two Decretal Orders of the Court of Exchequer in Ireland of the 27th Day of June and 7th Day of December 1770; and praying, That the same may be reversed, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Patrick Blake may be required to answer the said Appeals:

It is Ordered, That the said Patrick Blake may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 2d Day of April next; and Service of this Order upon the Attorney or known Agent of the said Respondent in the said Court of Exchequer in Ireland, shall be deemed good Service.

Sutton and others, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Sutton Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa intituled, An Act for vesting certain Lands and Hereditaments, Part of the Real Estate of John Sutton Esquire, situate in the County of Lincoln, in Trust, to be sold for Payment of Eight thousand Pounds, the Portion of Isabella Sutton deceased; and for the other Purposes in the said Act mentioned.

Liverpoole Playhouse Bill:

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act to enable His Majesty to license a Playhouse in the Town of Liverpoole in the County Palatine of Lancaster;and forthe Lords to be summoned.

The said Bill was accordingly read the Second Time.

And it being proposed to commit the Bill:

The same was objected to:

After Debate;

The Question was put thereupon.

It was resolved in the Affirmative.

Protest against the Commitment of it.

DISSENTIENT.

Because the Argument particularly endeavoured to be enforced by the Supporters of the Bill, that established Theatres in Country Towns conduce to the Improvement of the Morals of the Inhabitants, and, in Commercial Towns, to the Advantage of the Trader and Manufacturer, is Raillery rather than Reason, being false in Fact, and notoriously contradicted by Experience.

Because, at a Time when the acknowledged Characterstic of the Age is Love of Pleasure and Dissipation, the weakening a Law founded on the foundest Principles of good Government, the Necessity of preserving the Morals of the Individual, for the Happiness of the Community, is, under these Circumstances, peculiarly unwise, contrary to the truest Maxims of Policy, and highly unbecoming the Dignity of Legislature.

Because, when we have a Prince on the Throne whose Virtues, whilst they reflect a Lustre on His Crown, might check the growing Licentiousness of the Times, a Bill which relaxes the Restraints on the Incentives to Vice, and tends to corrupt the moral Principles of His Subjects, supported as it is by noble Lords in the highest Offices in Government, must, in Essect, counteract His Majestys bright Example, and lessen its Influence on the Minds of His People.

Radnor. King.

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 the 5th Day of March next, at the usual Time and Place; and to adjourn as they please.

Ordered, That all the Lords who have been present this Session, be of the Committee.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 27^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Roverays Naturalization Bill

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing John Peter Du Roveray, John Daniel Neville, John Peter Eynard, and David Chollet, was committed: That they had considered the said Bill, and also the Petition to them referred, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto:

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

Rilston Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Stinted Pastures, called the North Moor, Longhill Bark, and Garforth Close, within the Township of Rilston, in the West Riding of the County of York.

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 oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Brickhill Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lammas Grounds, and other Commonable Lands and Grounds in the Parish of Great Brickhill in the County of Bucks.

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

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

Macartneys Exemplification Bill:

Hodie 3^a vice lecta est Billa, intituled An Act for making the Exemplification of the last Will and Testament of Francis Macartney Esquire, deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Renners Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for naturalizing Henry Renner.

The Question was put, Whether this Bill shall pass.

It was resolved in the Affirmative.

Middleton Tyas Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to continue and render more effectual an Act made in the Seventeenth Year of the Reign of His late Majesty, for repairing the Road from the End of Middleton Tyas Lane to Greetabridge, and from thence to Bowes, in the North Riding of the County of York.

The Question was put,Whether this Bill shall pass?

It was resolved in the Affirmative;

Hill Croome Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common Fields, Meadows, Commons, or Waste Lands, within the Manor and Parish of Hill Croome, in the County of Worcester.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Barniker Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing Barniker Moor, within the Manor of Nether Wyersdale, in the County Palatine of Lancaster.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Whitechapel Paving Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the better paving that Part of the High Street in the Parish of Saint Mary Matfellon, otherwise Whitechapel, which lies in the County of Middlesex; and for removing Obstructions and Annoyances therein.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Oxford Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the better regulating the Poor within the City of Oxford.

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 Seven preceding Bills.

A Message was sent to the House of Commons, by Mr. Cuddon and Mr. Montague:

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

Committees of Lunaticks to make Leases of their Estates, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable Lunatics, entitled to renew Leases, their Guardians and Committees, to accept of Surrenders of old Leases, and grant new Ones.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Macdonald against Macdonald, Cross Appeal.

Upon reading the Petition and Cross Appeal of Ranald Macdonald of Clanranald Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland of the 22d of February and 17th of July 1770; and also of an Interlocutor of the Lord Ordinary there of the 8th of December 1770; and praying, That the same may be reversed, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom shall seem meet; and that Colin Macdonald now of Boisdale may be required to answer the said Appeal:

It is Ordered, That the said Colin Macdonald may have a Copy of the said Appeal, and doput in his Answer, thereto, in Writing, on or before Wednesday the 28th Day of March next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Park to enter into Recognizance on Dickenston and anothers Appeal.

The House being moved, That John Park of London, Merchant, may be permitted to enter into a Recognizance for John Dickenson and another, on account of their Appeal depending in this House, they residing in Ireland:

It is Ordered, That the said John Park Merchant may enter into a Recognizance for the said Appellants, as desired.

Andre et al. against Crauford.

Ordered, That the Cause wherein John Lewis Andre and others are Appellants, and Alexander Crauford is Respondent, which stood appointed for hearing this Day, be put off till To-morrow Sevennight, the Appellants not having delivered their Cases till Yesterday.

E. of Pomfret against Smith.

Ordered, That Mr. Justice Aston do attend this House on Friday next, with his Notes, taken in the Cause wherein Thomas Smith Gentleman, Leonard Hartley Esquire, and John Parke, and Ralph Parke, were Plaintiffs; and George Earl of Pomfret and John Metcalfe were Defendants; in order to make his Report to this House, of what passed at the Trial of the said Cause at the last Summer Assizes for the County of York.

York to Boroughbridge Road Bill.

A Message was brought from the House of Commons, by the Lord John Cavendishand others:

With a Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-third Year of the Reign of His late Majesty for repairing the Road from the City of York over Skipbridge to Boroughbridge in the County of York; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Alexander Lennoxs Petition to His Majesty,claiming the Earldom of Lennox.

The Earl of Halifax (by His Majesty;s Command) presented to the House a Petition of Alexander Lennox to His Majesty, claiming the Title, Honour, and Dignity, of Earl of Lennox in the Kingdom of Scotland, with His Majesty;s Reference thereof to this House:

Which Petition and Reference were read by the Clerk, and are as follow; (videlicet,)

To the Kings Most Excellent Majesty.

The Humble Petition of Alexander Lennox, claiming the Title, Honour, and Dignity of Earl of Lennox in the Kingdom of Scotland,

Most Humbly sheweth,

That the First Earl of Lennox was created by King Malcolm in the Year 1069:

That Duncan, the 8th Earl, died without Issue Male, whereupon the Honour descended to Alexander his only Brother, and Heir Male, the Ancestor of Your Petitioner:

That the Title lay dormant many Years, on account of the Family Estate being in Possession of Heirs Female:

That Your Petitioner was, in the Year 1765, duly served and found nearest Heir Male to the said Alexander, (being lineally descended from him) and as such is become entitled to the said Honour and Dignity, which he claimed before the Peers of Scotland at Holyrood House on the 26th of April 1768:

That the said Title being omitted in the List of Peers of Scotland:

Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to allow his Claim, and to give the proper Directions to have his Name and Title of Earl of Lennox placed in the List or Roll of Peers of the said Kingdom, in the Place in which his Ancestors sat; or that Your Majesty will be pleased to make such other Order herein as to Your Majesty in Your Royal Wisdom shall seem meet.

And your Petitioner shall ever pray, &c.

Alexander Lennox.

Whitehall, February 27th, 1771.

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

Dunk Halifax.

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges.

William Lennoxs Petition to His Majesty, claiming the Earl dom of Lennox.

The Earl of Halifax (by His Majesty;s Command) presented to the House a Petition of William Lennox to His Majesty, claiming the Title and Dignity of Lennox Earl of Lennox, with His Majestys Reference thereof to this House:

Which Petition and Reference were read by the Clerk, and are as follow; (videlicet,)

To the Kings Most Excellent Majesty.

The Humble Petition of William Lennox, claiming the Title and Dignity of Lennox Earl of Lennox,

Sheweth,

That in 1392, Duncan, the last Earl of the ancient Family of Lennox Earl of Lennox, resigned his Estate and Honours for a new Grant thereof in favour of the Heirs Male to be procreated of his Body, and in Default of such Heirs Male to Isabella his eldest Daughter, Wife of Murdoch afterwards Duke of Albany, and the Heirs to be procreated of that Marriage, under a Condition that, if the said Duncan Earl of Lennox should have any Issue Male, who of consequence would succeed to his Titles, and Estates, such Heir should pay to the Duke of Albany and his Heirs the Sum of 2000 Merks Sterling for the Marriage of Isabella:

That sometime after, Duncan Earl of Lennox had a lawful Son, Donald, Your Petitioners Ancestor; and in 1425, or thereabouts, the said Earl Duncan and his Son-in-law the Duke of Albany, were condemned and beheaded; but the Estate and Honours remained unforfeited, and were enjoyed by the Duchess of Albany, Your Petitioners Ancestors having been unable to redeem the same by paying the 2000 Merks Stering before mentioned, a Sum in those Days almost impossible to raise:

That Your Petitioner has been informed, that a Petition was sometime ago presented to Your Majesty by One Alexander Lennox, pretending Right to the said Title and Dignity of Lennox Earl of Lennox:

That from undoubted Evidence it appears that Your Petitioner is the Heir Male as well as Heir of Line of Donald the Son of Duncan the last Earl of the Family of Lennox Earl of Lennox, and as such your Petitioner humbly conceives he has the only Right and Title to the said Honours and Dignity, and therefore,

Most humbly prays Your Majesty, that the foresaid Title and Dignity may of Right be declared to belong to him and his Heirs.

And your Petitioner shall ever pray.

William Lennox

Whitehall, February 27th, 1771.

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

Dunk Halifax.

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges.

E. Ferrer ss Bill:

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

With a Bill, intituled, An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments in the Counties of Derby, Leicester, Nottingham, and Stafford, in Washington Earl Ferrers and his Trustees, and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign, and for other Purposes therein mentioned; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Kings Consent signified to it.

The Earl of Rochford acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for more effectually vesting the Reversion in Fee Simple of and in divers Lands and Hereditaments in the Counties of Derby, Leicester, Nottingham, and Stafford in Washington Earl Ferrers and his Trustees, and for confirming Letters Patent granted thereof, and of certain other Lands and Hereditaments in the County of Northampton, to the said Earl, in the Third Year of His present Majestys Reign, and for other Purposes therein mentioned, Was pleased to Consent (as far as His Majesty;s Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Papers relating to the African Forts and Settlements delivered.

The House being informed, That Mr. Jackson from the Admiralty Office attended:

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second.

Copies of Reports Made by Captain Tonyn of His Majestys Ship the Phnix, to the Lords of the Admiralty of the State and Condition of the Forts and Settlements on the Coast of Africa, in Possession of the Company of Merchants trading to that Coast:

No 1. State and Condition of Appolonia Fort, taken the 30th of March 1770.

2. State and Condition of Dix Cove Fort, taken the 1st of April 1770.

3. State and Condition of Succondce Fort, taken the 3d of April 1770.

4. State and Condition of Gape Coast Castle, taken the 4th of April 1770.

5. State and Condition of Commenda Fort, taken the 5th of April 1770.

6. State and Condition of Annamaboe Fort, taken the 14th of April 1770.

7. State and Condition of Tantumquerry Fort, taken the 20th of April 1770.

8. State and Condition of Winnobah Fort, taken the 23d of April 1770.

9. State and Condition of Accra Fort, taken the 25th of April 1770.

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Grundy to take the Name of Swinsen, Bill.

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

With a Bill, intituled, An Act to enable Thomas Grundy, and his Issue Male, to take and use the Surname of Swinsen; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit prsens Parliament tum continuandum esse usque ad et in diem Veneris, primum (fn. 1) Martii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.