House of Lords Journal Volume 35: February 1779 1-10

February 1779 1-10

DIE Lunæ, 1^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cullimore and Limbrick against Bosworth.

After hearing Counsel in Part in the Cause wherein Joseph Cullimore and Joseph Limbrick are Appellants, and the Reverend John Bosworth Doctor in Divinity, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Counsel be called in at Two o'Clock.

Thanks to Bp. Exeter for his Sermon.

Ordered, That the Thanks of this House be, and are hereby given, to the Lord Bishop of Exeter, for the Sermon by him preached before this House on Saturday last, in the Abbey Church Westminster; and that he be desired to Cause the same to be forthwith printed and published.

Bugbrcoke Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, in the County of Northampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E. Aberdeen against Fallerton and Legertwood, Petition to put off Hearing, rejected.

A Petition of the Right Honourable George Earl of Aberdeen, Appellant in a Cause depending in this House, to which Lieutenant General Robert Fullerton and Robert Legertwood Esquire, are Respondents, was presented and read; setting forth, "That this Cause stands appointed for hearing on this Day Sevennight, and the Petitioner's Case has been settled by his Scotch Counsel: That by last Post there was transmitted from Scotland to the Petitioner's Agent, a Paper Writing, thought materially to affect the Question between the Parties, which respects the Boundaries of a Common; it is endorsed "Marches," and was lately found among the Papers of the Respondent Mr. Legertwood: That as this Paper may afford new Arguments, and throw a different Light upon the Cause," the Petitioner therefore prays their Lordships "to put off the Hearing of this Cause to Friday the 19th Day of March next, or such other Day in the present Session, as to their Lordships shall seem proper."

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

And being withdrawn:

Ordered, That the said Petition be rejected.

Recruiting Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof;"

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

Admiral Byng, Address for Letter from Members of Court Martial.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to give Directions that there be laid before this House, "A Copy of a Letter from the Members who composed the Court Martial on the Trial of Admiral Byng to the Lords Commissioners of the Admiralty, written in January 1757, respecting their Confinement, and praying Relief."

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

Returns under Recruiting Act, Address for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to give Directions, That the proper Officer or Officers do lay before this House, "Copies of the Duplicates which have been received at the Office of His Majesty's Secretary at War or at the Board of Admiralty, of such Entries as have been made by any Justices of the Peace, Commissioners of the Land Tax, or Magistrates for Corporations and Burghs, appointed to put in Execution an Act passed in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting His Majesty's Land Forces and Marines;" of the Names of such Volunteers as have been in pursuance of the above recited Act delivered over to any Officer or Officers of His Majesty's Army or Marines; as also Copies of the Duplicates from the said Commissioners of such new raised Men as have been apprehended pursuant to the said Act, and delivered over to any Officer of His Majesty's Army or Marines empowered to receive them."

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

Marine Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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.

Beijer's Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Theodorus Martinus Mispelblom Beijer."

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 o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Linlithgow Highways and Bridges Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate."

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

It was resolved in the Affirmative.

Silk Importation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

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

It was resolved in the Affirmative.

Floore Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enlarge, explain and amend, the Powers given in and by an Act passed in the last Session of Parliament, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore, otherwise Flower, in the County of Northampton;" and for making the same more effectual for the Purposes therein mentioned."

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, sent to the House of Commons, by Mr. Pechell and Mr. Anguish:

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

Chisim's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for Tomorrow, be put off to Wednesday next, and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Adjourn.

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

DIE Martis, 2^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dalias against Dallas.

The Answer of Alexander Dallas of North Newton, to the Cross Appeal of William Dallas, Wright in Edinburgh, was this Day brought in.

Cullimore and Limbrick against Bosworth:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of Joseph Cullimore and Joseph Limbrick, complaining of a Decree of the Court of Exchequer of the 17th of November 1777, directing them to set out their Tythe Milk in manner therein mentioned, and to pay the same, and the Costs of the Suit relating thereto; and praying, "That the same might be reversed, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet:" As also upon the Answer of the Reverend John Bosworth, Doctor in Divinity, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree 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 Decree therein complained of be, and the same is hereby Affirmed.

Buckton Burn, &c. Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn, in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick," 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."

Beijer's Naturalization Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Theodorus Martinus Mispelblom Beijer," was committed.

Nicoll et al. Petition referred to Judges.

Upon reading the Petition of Faith Nicoll, of Bolton in the County of York, Widow, Relict and an Executrix and Devisee named in the last Will and Testament of John Nicoll late of Bolton aforesaid, Esquire, deceased, for and on Behalf of herself and of Samuel William Nicoll, the only Son and Heir at Law of the said John Nicoll deceased, now a Minor of the Age of Ten Years, and of Mary Nicoll the only Daughter of the said John Nicoll, of the Age of Three Years, of Thomas Swann of the City of York, Merchant, and Ann his Wife, Sister of the said John Nicoll deceased, and of William Nicoll, Mary Nicoll, Elizabeth Nicoll and Ann Nicoll, the Children of George Nicoll, late of Barnet in the County of Hertford, Gentleman, deceased; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Gould, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Wauchope against Sir A. Hope and E. Aberdeen.

Upon reading the Petition and Appeal of Andrew Wauchope of Niddry Esquire, complaining of Two Inter locutors of the Lords of Session in Scotland, of the 26th of June 1778, and 19th of January last, except such Part thereof as finds him entitled to make Downsets in the Seams of Coal upon his own Ground, and to fill up the same so as to prevent the Water from coming down upon his Coal, and particularly of such Parts of both Interlocutors as authorize and order a Remit to Messieurs Smeaton and Watt, or either of them, for their Report upon the sundry Points therein stated; and praying, "That the said Interlocutors, so far as complained of, may be reversed, varied or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir Archibald Hope and the Earl of Abercorn. may be required to answer the said Appeal:"

It is Ordered, That the said Sir Archibald Hope and the Earl of Abercorn, 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 2d Day of March next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents in the Court of Session in Scotland, shall be deemed good Service.

Edwards's Divorce Bill.

The Lord Willoughby of Parham presented to the House (pursuant to an Order of Leave on Monday the 25th Day of January last) a Bill, intituled, "An Act to dissolve the Marriage of Thomas Edwards Esquire, with Judith Williams his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 17th Day of this Instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Thomas Edwards may be heard by his Counsel at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Judith Williams may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill at the same Time.

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

After some Time, the House was resumed:

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

Bugbrooke 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 and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, in the County of Northampton."

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 3^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Crawfurd against Lockhart et al.

This Day being appointed for hearing the Cause wherein Dame Robina Crawfurd and Sir Hew Crawfurd Baronet, her Husband, for his Interest, are Appellants, and Mary Lockhart and others, are Respondents; and Notice being taken by the House, that neither the Cases for the Appellants nor the Respondents had been delivered to the House, pursuant to their Lordships Standing Order; the Agents on both Sides were called in, and examined in relation thereto.

They were directed to withdraw.

Ordered, That the Hearing of this Cause be put off till after all the Causes already appointed, neither the Appellants nor the Respondents having delivered their Cases within the Time limited by their Lordships Standing Order.

Whitstable Oyster Fishery Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Protection of the Oyster Fishery within the Manor and Royalty of Whitstable, in the County of Kent," 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."

1. Ancaster takes his Sat.

Garter King at Arms delivered in at the Table the Pedigree of Robert Duke of Ancaster and Kesteven, Pursuant to the Standing Order.

This Day Robert Duke of Ancaster and Kesteven sat first in Parliament after the Death of his Father Peregrine Duke of Ancaster and Kesteven, his Grace having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

L. Onslow's Petition referred to Judges.

Upon reading the Petition of the Right Honourable George Baron Onslow and Baron Cranley, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

King's Answer to Addresses.

The Earl of (fn. 1) Carlisle reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Addresses of Monday last, for the Copies therein mentioned; and that His Majesty was pleased to say, "He would give Directions accordingly."

Recruiting Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof:"

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

After some Time, the House was resumed:

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

Chisim's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same, and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Bearcrost appearing as Counsel for the Bill, but no Counsel appearing against it;

William Holship was called, in order to prove the Service of the Order for the said Second Reading, and being sworn, acquainted the House, "That he served Mrs. Chisim personally, at Mr. Greaves's House at Boreham in Sussex, which is about Fifty-seven Miles from London, with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a Copy of the Bill; that she told the Witness when she received them, "that she was Mrs. Chisim,"and that she seemed to be confused and surprised at his coming; that she gave no Consent to the Bill; that he was sent to serve her with the said Order and Copy of the Bill by Mr. King, the Solicitor for the Bill; that he knows Mr. Chisim, but has had no Conversation with him."

He was directed to withdraw.

Then the said Bill was read a Second Time.

Then Mr. Bearcrost was heard in Support of the Bill, and to make out the Allegations thereof; and, in order to prove the Marriage, called John Charles Streen, who being sworn, produced an Extract from the Register of Marriages of the Parish of Ticehurst, and declaring, That the same was a true Copy, he having examined it with the Original;" the same was read, whereby it appeared that the said Thomas Chisim and the said Martha Roberts were married in the said Parish Church on the 10th of February 1770. Being asked, "if he knew Mr. and Mrs. Chisim?" said, "he knew nothing of them."

He was directed to withdraw.

Then Thomas King was called in, and being sworn, produced an Office Copy of the Judgement obtained in the Court of Common Pleas in Michaelmas Term 1727/1774, against Mr. William Greaves, for Criminal Conversation with the said Mrs. Chisim; and declaring, "That the same was a true Copy, he having examined it with the Original;" the same was read. Being asked, "what Mr. Chisim and Mr. Greaves were?" said, "Mr. Chisim was a Drysalter, and that Mr. Greaves was a Man of Property." Being asked, "if he had received the Costs of the Suit in the Common Pleas?" said "he had not, nor had he taken out Execution." Being asked, "if he thinks the Plaintiff means to take out an Execution ?" says, "if the Plaintiff is not paid he thinks he will." Being asked, "why the Plaintiff had not demanded them before?" says, "he believes it was owing to his, the Witness's, Delay in not, taxing his Costs." Being asked, "who was to pay him his Bill and all Expences?" said, "a near Relation of Mrs. Chisim's, whose Name was Roberts; that the said Mr. Roberts was nearly related to Mr. Chisim, and lived upon his Fortune at Boarsall in Sussex." Being asked, "what Relation the said Mr. Roberts was to Mrs. Chisim? said, "he was her Father."

He was directed to withdraw.

Then Mark Holman Deputy Register of the Consistory Court of the Bishop of London, was called in, and being sworn, produced the Original Definitive Sentence of Divorce in the said Court against the said Mrs. Chisim, for the Crime of Adultery, 16th July 1778; and the same was read. Being asked, "if any Defence was made by Mrs. Chisim in the said Court?" said, "the Suit was begun in Easter Term last, and that Counsel attended for both Parties, but Witnesses were only produced on the Part of Mr. Chisim."

He was directed to withdraw.

Then Mr. King was again called in, and being asked, who was the Attorney for the Defendant in the above Suit?" said, "his Name was Lee."

He was directed to withdraw.

Then Ann Wyld was called in, and being sworn, acquainted the House, "That she went to live with Mr. Chisim as Servant the latter End of the Summer 1774; that she knew Mr. Greaves; that he visited at Mrs. Chisim's, but cannot say much as to any Familiarities passing between them; that some Months after she lived there, Mr. Chisim coming home found Mr. Greaves there, and forbid him his House thinking his Visits were improper, but that she, the Witness, saw no reason for his so doing; that Mr. Greaves saw Mrs. Chisim afterwards secretly at Mr. Chisim's House when Mr. Chisim was not at Home, but not many Times; that he visited her sometimes in a Forenoon; that about Nine Months after she, the Witness, came to live with Mr. Chisim, Mrs. Chisim in 1774 quitted her Husband's House, but she does not know where she went; that Mrs. Chisim never returned again during the Time the Witness continued as Servant with Mr. Chisim afterwards, which was about Three Months, and that she thinks Mr. Chisim during that Time, did not see his Wife; that Mr. Chisim kept only One Maid while she was there."

She was directed to withdraw.

Then Elizabeth Bailie was called in, and being sworn, acquainted the House, "That in March 1775 she went to Mr. Greaves's to nurse Mrs. Chisim who was with Child, and was delivered about a Fortnight after; that she staid there Five Weeks, and thinks there was an improper Intercourse between Mr. Greaves and Mrs. Chisim; that at first she laid up Stairs, but upon a Stranger's going away she afterwards laid below, and used to carry the Child up Stairs to be suckled; that one Morning early she went up with the Child to Mrs. Chisim and found her in Bed alone; that she went up again soon after, that Morning, into Mrs. Chisim's Room for a Gown, but Mrs. Chisim was not there, on which she, the Witness, said there was the Nest, where was the Bird flown; that there were Three Bed Rooms on a Floor, and One Bed only in each Room; that Mr. Greaves lay in One opposite to Mrs. Chisim's, and that a Miss Rogers lay in the other; that she, the Witness, has seen Mrs. Chisim undressed go across to Mr. Greaves's Bed Chamber and stay there all Night; that the Time was generally about Ten o'Clock in the Evening; that the Witness has gone into Mrs. Chisim's Bed Room before she returned from Mr. Greaves's Room; that she has helped to make Mr. Greaves's Bed Two or Three Times, and by the Stains upon the Sheets it appeared as if Two Persons had lain there; that she thinks they frequently lay together there; that a few Days after the Witness left Mr. Greaves's she was sent for again on account of the Child being ill; that Mr. Greaves and Mrs. Chisim lay together then and before; that in the Summer after, she was at Mr. Greaves's again for a fortnight, when Mrs. Chisim miscarried; that she made the same Observations then, and that the same Things happened as before; that she never saw Mr. Chisim during the Time she was there, and thinks Mr. Chisim never saw his Wife." Being asked, "why she thinks so," said, "because she never heard Mrs. Chisim say he had been there." That in 1777 she went again to Mrs. Chisim. at Mr. Greaves's House in Town, when Mrs. Chisim was delivered of another Child; that she staid Three Weeks or a Month; that she never saw Mr. Chisim at Mr. Greaves's either in Town or in the Country; that at the Baptism of the First Child Mr. Greaves stood Godfather to it; that he treated it as his own Child, as she thought; that its being so, was kept a secret from her till she asked Mrs. Chisim, who made no Secret of her being with Child by another Man than her Husband; that Mrs. Chisim appeared in Public at Mr. Greaves's, and that she never observed any Apprehensions in her of being discovered."

She was directed to withdraw.

Then Dosea Moxham was called in, and sworn, and being examined, acquainted the House, " That she lived as Servant with Mr. Greaves for Six Months; that she cannot tell whether Mr. Greaves and Mrs. Chisim lay together, but that about Ten o'Clock in the Evening Mrs. Chisim used to go into his Bed Room; that Mrs. Chisim lived with Mr. Greaves publickly; that he took Notice of the Child, and that Mrs. Chisim seemed to be under no Apprehensions from her Husband, and that Mr. Roberts never visited Mrs. Chisim."

She was directed to withdraw.

Then William Greaves was called in, and being sworn, acquainted the House, "That he was Clerk to Mr. Greaves; that Mrs. Chisim lived with his Master; that he knows her to have lain in his Master's Room; that one Morning in December 1777, coming out of his own Room, he saw Mrs. Chisim in her Shift; that she ran into Mr. Greaves's Room, and that he heard her say, "Master Greaves has caught me;" that from the Time he, the Witness, went to Mr. Greaves's, which was on the 8th of February 1777, he never saw Mr. Chisim, and thinks he has not seen his Wife; that Mr. Greaves and Mrs. Chisim's laying together was no Secret in the Family; that Mrs. Chisim did not seem to be under any Apprehensions of her Husband's claiming her; that he knew nothing of Mr. Chisim's bringing an Action against Mr. Greaves till May; that he heard of it by a Servant; that he thinks Mrs. Bailie and Dosea Moxham were examined; that he knows of no Correspondence between Mr. Greaves and Mr. Chisim."

He was directed to withdraw.

The Counsel was directed to withdraw.

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

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

Marine Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

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

It was resolved in the Affirmative.

Buckton Bura &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick."

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

It was resolved in the Affirmative.

Beijer's Naturalization Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Theodorus Martinus Mispelblom Beijer."

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. Pechell and Mr. Anguish:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 4^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Edwards's Divorce Bill.

Ordered, That Ann Williams, Sarah Susanna Lamb, Ann Buckley, Rebecca Bumstead, Catharinc Nortgate and James Murphy, do attend this House on Wednesday the 17th Day of this Instant February, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Edwards Esquire, with Judith Williams his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Stratford upon Avon Road Bill.

A Message was brought from the House of Commons, by Sir Thomas Skipwith, and others:

With a Bill, intituled, "An Act for more effectually repairing the Road leading from Stratford upon Avon to Edghill, in the County of Warwick; and for repealing the several Laws now in force relating to the said Road;" to which they desire the Concurrence of this House.

L. Walpo'e and Cokes Petition reterred to Judges.

Upon reading the Petition of the Right Honourable Lord Walpole and Thomas William Coke Esquire, praying Leave to bring in a Bill for establishing and confirming certain Articles of Agreement between the Petitioners, for the Exchange of certain Parcels of Land within the Parishes of Burnham and Holkham, in the County of Norfolk:

It is Ordered, That the Consideration of the said Petition be, and is here by referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Gould, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Willson et. Ux. Petition referred to Judges.

Upon reading the Petition of George Willson Esquire, and Jane his Wife, on Behalf of themselves and their Infant Son; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Buller and Mr. Baron Perryn, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Recruiting Bill:

Moved, That the Bill, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof," be now read the Third Time.

The said Bill was accordingly read the Third Time.

Then the following Amendments were proposed to be made to the said Bill; (videlicet)

Pr. 6. L. 23. Leave out ("an Act") and instead thereof insert ("Two Acts")

L. 25. After ("of") insert ("His late Majesty")

L. 25. and 26. Leave out ("William and Queen Mary ") and instead thereof insert ("George the First")

L. 27, 28 and 29. Leave out ("abrogating the Oaths of Supremacy and Allegiance, and appointing other Oaths") and instead thereof insert ("further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors")

L. 29. After ("and") leave out ("also in an Act") and insert ( "the other")

L. 30. After ("the") leave out ("Thirteenth and Fourteenth Years") and insert ("Sixth Year")

L. 31. After ("of") leave out ("King William the Third") and insert ("His present Majesty")

L. 32. Leave out from the Word ("for") to the Word ("which") in the 38th Line of the same Press, and instead thereof insert ("altering the Oath of Abjuration and Assurance, and for amending so much of an Act of the Seventh Year of Her late Majesty Queen Anne, intituled, "An Act for the Improvement of the Union of the Two Kingdoms as after the Time therein limited requires the Delivery of certain Lists and Copies therein mentioned, to Persons indicted of High Treason or Misprision of Treason")

P. 7. L. 8 and 9. Leave out (" the Laws of Scotland") and instead thereof insert ("Law")

L. 9. After ("be") insert ("Justices of the Peace or")

L. 19 and 20. Leave out ("duly qualified themselves according to the Laws of Scotland for that Purpose") and insert ("taken and subscribed the Oaths of Allegiance and Abjuration, and have subscribed the Assurance appointed by Law to be taken and subscribed by Persons in Offices of Public Trust in Scotland")

The same were agreed to, and ordered accordingly.

Then the following Amendment was proposed to be made to the said Bill; (videlicet)

Pr. 15. L. 30. Leave out from the Word ("Shillings") to ("Provided") in the 17th Line of the next Press."

Which being objected to;

The Question was put, "Whether the Words proposed to be left out shall stand Part of the Bill?"

It was resolved in the Affirmative.

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was ordered to be sent to the House of Commons, by M. Pechell and Mr. Anguish:

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

Spottiswoode to enter into Recognizance on Wauchope's Appeal.

The House being moved, "That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Andrew Wauchope of Niddry, Esquire, on account of his Appeal depending in this House, he living in Scotland:"

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant as desired.

Adjourn.

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

DIE Veneris, 5^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shortreid against Seton. and Scotland:

This Day being appointed for hearing Counsel upon the Petition and Appeal of Robert Shortreid, Merchant in Leith complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 5th of August 1775, and 17th of January and 4th of March 1777; and also of Three Interlocutors of the Lords of Session there, of the 24th of July and 7th of August 1777, and 12th of February 1778; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of George Seton Tenant in Hilton, and John Scotland Gardener at Dollar, Trustees for the Children and Creditors of Robert Sclater of Leith, put in to the said Appeal;

Counsel were accordingly called in; and the first Counsel for the Appellant praying Leave to withdraw their Appeal, and the Respondents Counsel consenting hereto;

The Counsel were directed to withdraw.

Appeal withdrawn.

Ordered, (by Consent of the Respondents Counsel signified at the Bar) That Leave be given to withdraw the said Appeal, as desired.

Bugbrooke Enclosure Bill:

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, 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."

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, in the County of Northampton."

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

It was resolved in the Affirmative.

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

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

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

Stratford upon Avon Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Stratford upon Avon to Edghill, in the County of Warwick; and for repealing the several Laws now in force, relating to the said Road."

L. Monson etal Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of John Lord Monson, and the Dean and Chapter of the Cathedral Church of the Blessed Virgin Mary, of Lincoln; 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 confirming and establishing an Exchange agreed upon between the Dean and Chapter of the Cathedral Church of the Blessed Virgin Mary of Lincoln, and the Right Honourable John Lord Monson, of certain Lands and Hereditaments in the County of Lincoln."

Mason against Kirkman et al:

Upon reading the Petition of John Kirkman, and others, Defendants in a Writ of Error depending in this House, wherein John Mason is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seen meet:"

Writ of Error Non-pros'd, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Leeds Coal Way Bill.

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

With a Bill, intituled, "An Act for rendering more effectual an Act made in the Thirty-first Year of the Reign of King George the Second, intituled, "An Act for establishing Agreements made between Charles Brandling Esquire, and other Persons, Proprietors of Lands, for laying down a Waggon Way, in order for the better supplying the Town and Neighbourhood of Leeds, in the County of York, with Coals," by enabling the said Charles Brandling to supply annually a larger Quantity of Coals to and for the Use of the said Town and Neighbourhood; and for regulating the Prices of carrying Coals from the Repository at Casson Close;" to which they desire the Concurrence of this House.

Barkby Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, allotting and enclosing the Open Fields, Meadows and Commonable Places, in the Parish of Barkby, in the County of Leicester;" to which they desire the Concurrence of this House.

Cobham Enclosure Bill.

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

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

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

Message from H. C. to return Recruiting Bill.

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

To return the Bill, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Adjourn.

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

DIE Lunæ, 8^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fordyce et al.against Walsh et al.

The Answer of John Walsh, and others, to the Appeal of the Reverend Doctor James Fordyce, and others, was this Day brought in.

E. Aberdeen against Fullerton.

After hearing Counsel in Part in the Cause wherein George Earl of Aberdeen is Appellant, and Lieutenant General Robert Fullerton of Dudwick, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Deeds Coal Way Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering more beneficial an Act made the Thirty-first Year of the Reign of King George the Second, intituled, "An Act for establishing Agreements made between Charles Brandling Esquire, and other Persons, Proprietors of Lands, for laying down a Waggon Way, in order for the better supplying the Town and Neighbourhood of Leeds in the County of York, with Coals," by enabling the said Charles Brandling to supply annually a larger Quantity of Coals to and for the Use of the said Town and Neighbourhood; and for regulating the Prices of carrying Coals from the Repository at Casson Close."

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

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

Barkby Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open Fields, Meadows and Commonable Places, in the Parish of Barkby, 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.

Boynton's Petition referred to Judges.

Upon reading the Petition of Dame Mary Boynton, the Widow and Relict, and also a Devisee and sole Executrix named in the Will of Sir Griffith Boynton, late of Burton Agnes, in the County of York, Baronet, deceased, and also the Guardian appointed by the same Will of her Three Infant Sons by her said late Husband; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Gould, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Delme's Petition referred to Judges.

Upon reading the Petition of Peter Delme of Grosvenor Square, in the County of Middlesex, Esquire; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Gwynne et al Petition referred to Judges.

Upon reading the Petition of Thynne Howe Gwynne of Buckland, in the County of Brecon Esquire, on Behalf of himself, Maria Eleanora his Wife, Roderick Gwynne and Rebecca his Children (both under the Age of Fourteen Years), Howell Gwynne of Llanelwerth Hall, in the County of Radnor Esquire, Marmaduke Gwynne the Elder, of the Town of Brecon Esquire, Marmaduke Gwynne of Garth, in the said County of Brecon Esquire, only Child of the said Howell Gwynne, and Marmaduke Gwynne of Llyswen, in the said County of Brecon Esquire, only Son and Heir Apparent of the said Marmaduke Gwynne the Elder, on Behalf of himself and Marmaduke Gwynne an Infant of very tender Years, his only Child; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

L. Monson's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange agreed upon between the Dean and Chapter of the Cathedral Church of the Blessed Virgin Mary of Lincoln, and the Right Honourable John Lord Monson, of certain Lands and Hereditaments in the County of Lincoln."

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 23d Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Stratford upon Avon Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Stratford upon Avon to Edghill, in the County of Warwick; and for repealing the several Laws now in force, relating to the said 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 To-morrow, at the usual Time and Place; and to adjourn as they please.

Returns under Recruiting Act delivered.

The House being informed, "That Mr. Ibbetson from the Admiralty Office, attended;"

He was called in, and delivered at the Bar, pursuant to an Address to His Majesty of the 1st Day of this Instant February, for that Purpose;

Copies of the Duplicates received at the Admiralty of such Entries as have been made by any Justices of the Peace, and other Persons appointed to put in Execution an Act of last Session, "for recruiting His Majesty's Land Forces and Marines," of the Names of such Volunteers as have been, in pursuance of the Act, delivered over to any Officer of the Marines; as also Copies of the Duplicates of such new raised Men as have been apprehended pursuant to the Act, and delivered over to any Officer of the Marines empowered to receive them;" together with a Schedule thereof; which was read by the Clerk as follows; (videlicet),

No. 1. Duplicate from Guildhall for the City of London, dated the 24th August 1778.

2. The like, dated the 10th September 1778.

3. The like, dated the 12th October 1778.

4. The like, dated the 12th November 1778.

5. The like, dated the 3d December 1778.

6. Duplicate from Holborn Division.

7. The like.

8. Duplicate from the Parish of St. James Westminster, dated 8th December 1778.

9. Duplicate from the Parish of Saint Martin in the Fields.

10. Duplicate from the Tower Division, dated the 26th of November 1778.

11. The like, dated the 10th of December 1778.

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

Admiral Byng, Letter from Members of Court Martial delivered.

Mr. Ibbetson also delivered at the Bar, pursuant to an Address to His Majesty, of the same Date,

Copy of a Letter from the Members of the Court Martial on the Trial of Admiral Byng, to the Admiralty, written in January 1757, respecting their Confinement, and praying Relief."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Adjourn.

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

DIE Martis, 9^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Aberdeen against Fullerton:

After hearing Counsel as well Yesterday as this Day, upon the Petition and Appeal of George Earl of Aberdeen, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 24th of January and 11th of February 1778; and also of an Interlocutor of the Lord Ordinary there, of the 10th of March 1778; and praying, "That the same might be reversed, varied or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" as also upon the Answer of Lieutenant General Robert Fullerton of Dudwick, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors Affirmed with Variations.

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Two Interlocutors of the Lords of Session in Scotland, of the 24th of January and 11th of February 1778, complained of in the said Appeal; be, and the same are hereby Affirmed, with the following Variations; (videlicet) In the Interlocutor of the 24th of January 1778, after the Words ("up the Den of Ardendraught to a") insert the Words ("Cairn on the West Side thereof, and about Two Chains to the South West of a") and after the Word ("Westward") leave out the Words ("by Smith's Cairn marked C. on the Plan, to the Whitestone on the Top of Whitestone Hill, marked D. on the said Plan, and from thence North-Westerly to a Green Strath, the Head of which is marked E. on said Plan, down to the Black Stank where the Green Strath falls into it at F. and so to a Place whereon said Plan the red and green Lines join a little, to the North of George Simpson's Bridge, marked G. on said Plan, and") and instead thereof insert ("along the Hill called Meikel Mountfothie, or Whitestone Hill, to a large old Cairn, antiently called Scorn's Cairn, on the North-West Side of the said Hill marked O. on the said Plan, and so descending from thence North-Westward, to a Spot marked H. on the said Plan, where Slug's Cairn anciently stood, which distinguished the Property Lands of Draikmyre of Fortree, from the Property Lands of Whiteburn of Dudwick, and from thence still North-Westward to a Place on the said Plan marked G. where the Rack enters the Slugs of Fortree near to George Simpson's Bridge, and from thence Northward to the Place where, on the Plan, the red and green Lines separate, and from thence"): And it is hereby further Ordered and Adjudged, That the said Appeal, in so far as it complains of the said Interlocutor of the Lord Ordinary of the 10th of March 1778, be, and the same is hereby dismissed this House.

Heneage et Ux. Petition referred to Judges.

Upon reading the Petition of John Walker Heneage, of Compton Bassett, in the County of Wilts, Esquire, (lately named John Walker) Eldest and only surviving Son and Heir of John Walker late of Lyneham, in the said County of Wilts, Esquire, deceased, by Dionisia his Wife, also deceased, and Arabella, Wife of the said John Walker Heneage; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Chancellor in the Middle, with the Archbishop of Canterbury on his Right Hand, and the Lord Amherst on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

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

Then the said Commission was read by the Clerk, as follows:

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas, We have seen and perfectly understood, divers and sundry Acts agreed and accorded on by you Our Loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say), "An Act for the Regulation of His Majesty's Marine Forces while on Shore." "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof." An Act for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time." "An Act for repairing the Highwaysand Bridges in the County of Linlithgow and Bathgate." "An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn, in the County of Durham through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick." "An Act to enlarge, explain and amend, the Powers given in and by an Act passed in the last Session of Parliament, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual for the Purposes therein mentioned." "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, in the County of Northampton." "An Act for naturalizing Theodorus Martinus Mispelblom Beijer." And albeit, the said Acts by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same; and by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; commanding also by these Presents Our Right Trusty and Well-beloved Counsellor Edward Lord Thurlow, Our Chancellor of Great Britain, to seal these Our Letters Patent, with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our said Chancellor of Great Britain; Our Right Trusty and Right Well-beloved Cousins and Counsellors, Granville Earl Gower, President of Our Council; William Earl of Dartmouth, Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augustus Henry Duke of Grafton, Thomas Duke of Leeds, John Duke of Rutland, Hugh Duke of Northumberland, Master of Our Horse; Our Right Trusty and Right Well-beloved Cousins and Counsellors, William Earl Talbot, Steward of Our Household; Francis Seymour Earl of Hertford, Chamberlain of Our Household; Henry Earl of Suffolk and Berkshire, One of Our Principal Secretaries of State; John Earl of Sandwich, First Commissioner of Our Admiralty; William Henry Earl of Rochford, Hugh Earl of Marchmont, John Earl of Ashburnham, Groom of Our Stole; Wills Earl of Hillsborough, William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our Right Trusty and Well-beloved Cousins and Counsellors, George Viscount Townshend, Thomas Viscount Weymouth, One other of Our Principal Secretaries of State; and Our Right Trusty and Well-beloved Counsellor Jeffery Lord Amherst, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts, with such Terms and Words in Our Name as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Eighth Day of February, in the Nineteenth Year of Our Reign.

By the King Himself, Signed with His own Hand.

"Yorke."

Then the Lord Chancellor said,

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

1. An Act for the Regulation of His Majesty's Marine Forces while on Shore."

2. An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof."

3. An Act for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

4. An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate."

5. An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, An Act for repairing the Road from the Turnpike Road at Buckton Burn, in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick."

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

"Le Roy le veult."

6. An Act to enlarge, explain, and amend the Powers given in and by an Act passed in the last Session of Parliament, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual for the Purposes therein mentioned."

7. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Parish and Liberties of Bugbrooke, in the County of Northampton."

8. An Act for naturalizing Theodorus Martinus Mispelblom Beijer."

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

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Leeds Coal Way Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for rendering more beneficial an Act, made in the Thirty-first Year of the Reign of King George the Second, intituled, "An Act for establishing Agreements made between Charles Brandling Esquire, and other Persons, Proprietors of Lands, for laying down a Waggon Way, in order for the better supplying the Town and Neighbourhood of Leeds, in the County of York, with Coals," by enabling the said Charles Brandling to supply annually a larger Quantity of Coals to and for the Use of the said Town and Neighbourhood; and for regulating the Prices of carrying Coals from the Repository at Casson Close," 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."

Barkby Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting and enclosing the Open Fields, Meadows and Commonable Places, in the Parish of Barkby, in the County of Leicester," was committed.

Stratford upon Avon Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for more effectually repairing the Road leading from Stratford upon Avon to Edghill, in the County of Warwick; and for repealing the several Laws now in force, relating to the said Road," 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."

Chisim's Divorce Bill, Petition to be further heard rejected:

A Petition of Thomas Chisim was presented and read, setting forth, "That the Petitioner's Bill to dissolve his Marriage, stands committed to a Committee of the whole House this Day; that the Petitioner is advised it will be absolutely necessary for him to produce some further Evidence in Support of the said Bill before the said Committee;" and therefore praying their Lordships, "That he may be at Liberty to be heard again by his Counsel, and to produce further Evidence in Support of the said Bill before the said Committee."

Then it was moved, "That the Evidence given at the Bar by the several Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," might be read."

The same was accordingly read by the Clerk.

Then it was moved, "That the said Petition be rejected."

The same was agreed to, and ordered accordingly.

Then the Order of the Day for the House to be put into a Committee upon the said Bill being read;

It was moved, "That the House do now resolve itself into a Committee to consider of the said Bill."

Which being objected to,

The Question was put thereupon?

It was resolved in the Negative.

Bill rejected.

Then it was moved, "That the said Bill be rejected."

The same was agreed to, and ordered accordingly.

Wharton against Chorley and Watt:

Upon reading the Petition of John Chorley and Richard Watt the Younger, Defendants in a Writ of Error depending in this House, wherein Joseph Wharton is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore, praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Forty Pounds for their Costs, by Reason of the Delay of the Execution of the said Judgement.

Causes put off.

Ordered, That the Hearing of the Cause wherein Jeremiah Vickars of the City of Dublin, Merchant, and others, are Appellants, and the Right Honourable John Scott Esquire, His Majesty's now Attorney General of Ireland, is Respondent, which stands appointed for Tomorrow, be put off to Friday next; and that the Cause which stands for Friday next, be put off to Monday next; hat the rest of the Causes, on Cause Days, be red in Course.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quartmum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 10^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church Westminster, to solemnize this Day, being appointed by His Majesty's Royal Proclamation to be observed as a General Fast,

Adjourn.

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