House of Lords Journal Volume 35: March 1779 21-24

March 1779 21-24

DIE Lunæ, 22^o Martii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Patersons et al. against Patersons et. al.

The Answer of John Paterson junior, Weaver in Bannockburn, and others, to the Appeal of John Paterson, Præses of the Incorporation of Weavers in Stirling, and others, was this Day brought in.

D. Hamilton against Douglas.

A Petition of His Grace Douglas Duke of Hamilton and Brandon, Appellant in a Cause depending in this House, to which Archibald Douglas Esquire is Respondent, was presented and read; setting forth, "That this Cause stands for hearing on this Day, and that Mr. Attorney General, who has been the Petitioner's Counsel through the whole Course of this important Cause, is suddenly taken ill with the Gout, and thereby disabled from attending this Day at their Lordships Bar to argue the cause for the Petitioner; that the Petitioner apprehends it is essential for his Interest to have the Assistance of the Attorney General to argue this Cause, as the same depends on Questions of Scots Law, with which he has been longer acquainted than the Petitioner's other Counsel: That as this Cause is of very great Importance, and the Respondent is in Possession of the Estate in Question, and cannot be materially injured by postponing the Hearing of this Cause for a few Days; the Petitioner therefore prays their Lordships, that the Hearing of this Cause may be adjourned for a few Days."

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

And being withdrawn;

Ordered, That the Hearing of this Cause be put off to Friday next, on which Day it is ordered that the said Cause be peremptorily heard.

Causes put off.

Ordered That the Hearing of the Cause wherein James Lawson, Merchant in Glasgow, is Appellant, and John Tait, Writer to the Signet, is Respondent, et e contra, which stands appointed for Friday next, be put off to Wednesday Sevennight; and that the rest of the Causes be removed in Course.

Cowes Cora Bill.

A Message was brought from the House of Commons, by Sir Richard Worsley, and others:

With a Bill, intituled, "An Act for allowing Corn, Grain and Flour, imported into the Port of Cowes in the Isle of Wight, to be landed without Payment of the Duties, under the like Restrictions as Corn, Grain and Flour are allowed to be landed at the several Ports mentioned in an Act made in the Thirteenth Year of His present Majesty's Reign, intituled, "An Act to regulate the Importation and Exportation of Corn;" to which they desire the Concurrence of this House.

Herberbury Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Common or Commonable Meadows, Pastures, Lands and Grounds, and Waste Land, within the Parish of Herberbury otherwise Harbury, in the County of Warwick;" to which they desire the Concurrence of this House.

Bonnevaux's Naturalization Bill.

A Message was brought from the House of Commons, by Sir Ralph Payne, and others:

With a Bill, intituled, "An Act for naturalizing Peter Daille Bonnevaux;" to which they desire the Concurrence of this House.

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

Mayseyhampton Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and all other Commonable Lands and Waste Grounds, in the Parish of Mayseyhampton, in the County of Gloucester," 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."

Lottery Office Keepers Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for licensing and regulating Lottery Office Keepers."

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 Wednesday next.

Expiring Laws Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue several Laws relating to the giving further Encouragement for the Importation of Naval Stores from the British Colonies in America; to the landing of Rum or Spirits of the British Sugar Plantations, before Payment of the Duties of Excise; to the discontinuing the Duties payable upon the Importation of Tallow, Hogs Lard and Grease; to the regulating the Fees of Officers of the Customs and Naval Officers in America; to the allowing the Exportation of certain Quantities of Wheat and other Articles to His Majesty's Sugar Colonies in America; and to the allowing a Drawback of the Duties on Rum, shipped as Stores, to be consumed on board Merchant Ships on their Voyages."

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 Wednesday next.

Sewell's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Bailey Heath Sewell Esquire, with the Right Honourable Lady Elizabeth Birmingham, 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 Tuesday the Thirtieth Day of this Instant March, and the Lords summoned; and that the several Persons who were ordered to attend on that Day, do then attend.

Himbleton Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures and all other Commonable Lands, within the Manor and Parish of Himbleton, in the County of Worcester."

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

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

Cropthorn Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the several Open and Common Fields, and all other Commonable Lands, within and belonging to the Township of Cropthorn, in the Parish of Cropthorn and 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.

Gander Lane, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Gander Lane, in the County of Derby, to Sheffield, in the West Riding of the County of York; and also the Road branching out of the said Road at or near Mosbrough Green, in the said County of Derby, to Clown in the same County."

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

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

Stanton under Bardon Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Open Meadows, Common Pastures, and Common or Waste Grounds, within the Township of Stanton under Bardon, in the Parish of Thornton 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 the same Day, at the same Place; and to adjourn as they please.

Grafton Flyford Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land, in the Parish of Grafton Flyford, 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.

Raincock et al. to take the Name of Fleming, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Raincock, and others therein described, to take and use the Surname and Arms of Fleming, pursuant to the Will of Fletcher Fleming deceased."

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

It was resolved in the Affirmative.

Message to H. C. with an Amendment. to it.

A Message was sent, to the House of Commons, by Mr. Pepys and Mr. Hett:

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

Cosford and Polfted Poor Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor of the several Parishes within the Hundred of Cosford (except the Parish of Hadleigh) and also of the Parish of Polsted, within the Hundred of Babergh, in the County of Suffolk."

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.

D. Buccleugh et al. Petition referred to Judges.

Upon reading the Petition of the Most Noble Henry Duke of Buccleugh and Elizabeth Duchess of Buccleugh, his Wife, on Behalf of themselves and of the Right Honourable Charles William their Eldest Son, commonly called Earl of Dalkeith, an Infant under the Age of Twenty-one Years; the Most Noble George Duke of Montagu, and the Right Honourable Edward Lord Beaulieu, and Isabella Lady Beaulieu, his Wife; 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 Ashhurst 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.

Sir L. Dundas et al. Petition referred to Judges.

Upon reading the Petition of Sir Lawrence Dundas of (fn. 1)Ash Hall, in the County of York, Baronet, and Dame Margaret his Wife, and of Thomas Dundas Esquire, their eldest Son and Heir apparent, and Lady Charlotte Dundas, Wife of the said Thomas Dundas, for themselves, and on the Behalf of the Children of the said Thomas Dundas and Lady Charlotte his Wife, who are all Infants; 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 Blackstone, 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.

Bowater's Petition referred to Judges.

Upon reading the Petition of John Bowater 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.

Bromfeild's Divorce Bill.

Ordered, That Richard Barnett, John Smith, Lambert Wirth and John Willson, do attend this House on Thursday next, in order to their being examined as Witnesses upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Bromfeild with Ann Broom his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Paterson et. al. against Paterson et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Paterson, and others, are Appellants, and John Paterson junior, 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.

Wigtoun Peerage, Committee to meet.

A Petition of Hamilton Flemyng Esquire, claiming the Titles, Honour and Dignity of Earl of Wigtoun, Lord Flemyng and Cumbernauld, was presented and read; setting forth, "That the Petitioner's printed Cases upon his Claim of Peerage have been delivered or lodged on their Lordships Table; and therefore praying their Lordships will be pleased to order that the Lords Committees for Privileges do meet to consider of this Claim on Monday the 12th Day of April next, or on such other Day in the present Session, as their Lordships shall please to appoint; and that Notice thereof may be given to His Majesty's Attorney General and the Lord Advocate for Scotland, on Behalf of His Majesty."

The House was moved, "That the Standing Order relating to the Descents of Peers might be read:"

The same was accordingly read by the Clerk.

Then the Agent was called in, and heard at the Bar;

And being withdrawn:

Ordered, That the Lords Committees for Privileges do meet to consider of the said Claim on Monday the 12th Day of April next, as desired; and that Notice thereof be given to His Majesty's Attorney General and the Lord Advocate for Scotland.

Causes put off.

Ordered, That the Hearing of the Cause wherein Doctor Stuart Threipland, Physician in Edinburgh, is Appellant, and John Walsh Esquire, and others, are Respondents, which stands appointed for Wednesday next, be put off to Monday next; and that the rest of the Causes be removed in Course.

Rowlls's Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act to explain and amend certain Trusts contained in the Settlement made on the Marriage of John Rowlls with Elizabeth his now Wife, for raising Portions for their Children; and for the better ascertaining and more effectually securing the said Portions," which stands appointed for To-morrow, be put off to Wednesday next.

Adjourn.

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

DIE Mercurii, 24^o Martii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lottery Office Keepers Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for licensing and regulating Lottery Office Keepers."

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."

Expiring Laws Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue several Laws relating to the giving further Encouragement for the Importation of Naval Stores from the British Colonies in America; to the landing of Rum or Spirits of the British Sugar Plantations, before Payment of the Duties of Excise; to the discontinuing the Duties payable upon the Importation of Tallow, Hogs Lard and Grease; to the regulating the Fees of Officers of the Customs and Naval Officers in America; to the allowing the Exportation of certain Quantities of Wheat and other Articles to His Majesty's Sugar Colonies in America; and to the allowing a Drawback of the Duties on Rum, shipped as Stores, to be consumed on board Merchant Ships on their Voyages."

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."

Elton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands and Waste Grounds, in the Parish of Elton, in the County of Huntingdon; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lord Onslow Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable George Baron Onslow and Baron Cranley, 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 to enable John Ord Esquire and John Tyton Esquire, Trustees named in the Settlement made previous to the Marriage of the Honourable Thomas Onslow with Arabella his now Wife, to sell the Rents, Services, Duties, Reliefs, Heriots, and other Dues and Payments, payable or to be performed or rendered by the Tenants of the several Manors or Lordships comprized in the said Settlement; and to enfranchise the Copyhold Tenements held of such Manors or Lordships, and for laying out the Money which shall arise by such Sale and Enfranchisement, in the Purchase of other Lands, to be settled to the Uses to which the said Manors or Lordships do now stand settled."

Styles Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Honourable Dame Isabella Style Widow, and the Reverend Robert Style Clerk; 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 to enable the Guardians of Sir Charles Style Baronet, an Infant, to grant Leases of his Freehold Estates in Middlesex, during his Minority; and to effectuate the other Purposes therein mentioned."

Altcar, &c. Drainage Bill.

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

With a Bill, intituled, "An Act for draining, improving and preserving, the Low Lands in the Parishes of Altcar, Sefton, Halsall and Walton upon the Hill, in the County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Woodend 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, and other Commonable Lands and Grounds, of and within the Hamlet and Liberties of Woodend, in the Parish of Blakesley, in the County of Northampton;" to which they desire the Concurrence of this House.

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

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

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

To return the Bill, intituled, "An Act for vesting certain Lands, Tenements and Hereditaments, in the Counties of Hertford and Bucks (the Settled Estates of Jane Willson the Wife of George Willson Esquire) in Trustees to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Lands, Tenements or Hereditaments, to be settled to the same Uses;" and to acquaint this House, That they have agreed to the same, without any Amendment.

Bridgewater, Roads Bill.

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

With a Bill, intituled, "An Act for enlarging the Term, and altering and varying the Powers of so much of an Act, made in the Thirty-second Year of the Reign of His late Majesty King George the Second, for repairing several Roads leading to the Town of Bridgewater, in the County of Somerset, and other Roads therein mentioned, as relates to the Roads leading to the said Town;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Delme Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Peter Delme of Grosvenor Square, in the County of Middlesex, 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 to empower certain Persons to enfranchise divers Copyhold and Customary Lands and Tenements within the several Manors or Lordships of Titchfield, Lee, Markes and Mirabel Crofton and Newland, in the County of Southampton; and for other Purposes therein mentioned."

Himbleton 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, Meadows, Pastures and all other Commonable Lands, within the Manor and Parish of Himbleton, 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."

Grafton Flyford Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and all other Commonable Land, in the Parish of Grafton Flyford, in the County of Worcester," was committed.

Cropthorn Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the several Open and Common Fields, and all other Commonable Lands, within and belonging to the Township of Cropthorn, in the Parish of Cropthorn and County of Worcester," was committed.

Rowlls's Bill.

The Lord Scarsdale made the like Report from Lords Committees, to whom the Bill, intituled, "An Act to explain and amend certain Trusts contained in the Settlement made on the Marriage of John Rowlls with Elizabeth his now Wife, for raising Portions for their Children; and for the better ascertaining and more effectually securing the said Portions," was committed.

Gander Lane, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Gander Lane, in the County of Derby, to Sheffield, in the West Riding of the County of York; and also the Road branching out of the said Road at or near Mosbrough Green, in the said County of Derby, to Clown, in the same County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sir S. Cornish's Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates in or near Puttenham, in the County of Surrey, discharged from the Uses in the Will of Sir Samuel Cornish Baronet, deceased, in Trustees to be sold; and for purchasing other Estates in lieu thereof, to be settled to the same Uses."

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

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

Greenwich Hospital Commissions 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 Order of the 15th of this Instant March for that Purpose.

10th September, 7th William 3d.—Copy of Commission for Greenwich Hospital.

31st July, 2d Anne.—Copy of Commission for Greenwich Hospital.

8th April, 3d Anne.—Copy of Commission for Greenwich Hospital.

19th January, 1st George1st.—Copy of Commission for Greenwich Hospital.

"4th December, 1st George 2d.—Copy of Commission for Greenwich Hospital."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Wells Road and Paving Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and amending Two Acts, made in the Twenty-sixth Year of His late Majesty, and the Fourth Year of His present Majesty, for repairing the Road from Piper's Inn to Glastonbury, and several other Roads therein mentioned, in the County of Somerset; and for repairing the Road from Piper's Inn aforesaid to Athelney Bridge; and also for paving, cleansing and lighting the City or Borough of Wells, in the said County, and for removing and preventing Encroachments, Nuisances 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 To-morrow, at the usual Time and Place; and to adjourn as they please.

Herberbury Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and Common or Commonable Meadows, Pastures, Lands and Grounds and Waste Land, within the Parish of Herberbury otherwise Harbury, in the County of Warwick."

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.

Bromfeild's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Charles Bromfeild with Ann Broom 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 the Second Day of Meeting after the Recess at Easter, and the Lords summoned; and that the several Persons who are ordered to attend on that Day, do then attend.

Sealy's Divorce Bill.

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

Wells Town Hall, &c. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for building a new Assize or Town Hall and Market House, within the City or Borough of Wells, in the County of Somerset; and for regulating the Markets within the said City or Borough," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made One Amendment thereto."

Which Amendment was read by the Clerk as follows: (videlicet)

Pr. 14. L. 31. After ("the") insert ("annual.")

And the said Amendment, being read a Second Time, was agreed to by the House.

Leatherhead Road Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Thirty-first Year of the Reign of His late Majesty, for repairing and widening the Road from the Swan Inn at Leatherhead to the Maypole at the Upper End of Spital or Somerset Street, in the Parish of Stoke, near the Town of Guldeford, in the County of Surrey;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Charnaud for a Naturalization Bill:

Upon reading the Petition of James Charnaud, praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, The Lord Scarsdale presented to the House a Bill, intituled, "An Act for naturalizing James Charnaud."

The said Bill was read the First Time.

Mayseyhampton Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing, the Open and Common Fields, Common Meadows, Common Pastures, and all other Commonable Lands and Waste Grounds, in the Parish of Mayseyhampton, in the County of Gloucester."

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. Pepys and Mr. Hett:

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

Greenwich Hospital Enquiry proceeded in:

The Order of the Day being read for taking into further Consideration the Enquiry into the Management of Greenwich Hospital, and for the Lords to be summoned; and for the Attendance of several Persons:

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

After some Time, the House was resumed.

Complaint against Lieutenant Governor.

Then Complaint was made to the House, That Captain Maplesden, Lieutenant Governor of Greenwich Hospital, had, in Breach of the Privilege of this House, ordered some Persons, who were attending by Order of this House to be examined as Witnesses relating to Greenwich Hospital, to go away.

Whereupon Charles Smith was called in; and being sworn, was examined at the Bar as follows:

Q. Inform the House whether you was here any Day last Week?

A. Yes, last Wednesday.

Q. Was you ordered to attend the House?

A. Yes.

Q. You had received an Order to attend the House?

A. Yes.

Q. As a Witness?

A. Yes.

Q. Did you attend it?

A. Yes.

Q. Inform the House what Captain Maplesden said to you; what passed between you?

A. Nothing that I know; but we attended here; we were giving Three Cheers to every Lord, and wishing that we might receive our Lieutenant Governor Baillie again. Captain Maplesden came out and ordered Silence, and ordered me to withdraw the Men off. I said, if he could not do so to so many hundred Men, how could I do it; accordingly he ordered me to withdraw myself. I said, I had as much Right as another Man to stand there; and I staid there till the Duke of Bolton came up; and when the Duke of Bolton came up, he spoke, and asked what was the Reason; and I said, that we all staid there for the Sake of wishing that we might have our Lieutenant Governor into the House again; that was all that was said, and the Mob all dispersed directly, if you call it a Mob; there was no Mob in the Case, no quarrelling, but giving Three Cheers to the Lords; and we all dispersed directly.

Q. Was that upon the Duke of Bolton's Desire?

A. Yes, he desired us to withdraw.

Q. What did Captain Maplesden do to you?

A. He ordered me to come and draw the People off; I told him, if he could not do it, how could I, for I was but one Man. He said, then get away yourself. I said, I had a Right to stay there as well as another Person.

Q. Did Captain Maplesden do any Thing to you?

A. He came with his Stick with a Flourish over me and went to run it to my Face. I said, it is a Thing beyond my Ability; if you cannot do it, which Way can I. He up with his Stick, and was going to shove it into my Face, because I did not do it. As soon as the Duke of Bolton spoke to me, after we had given every body Cheers, we withdrew directly, not by my Order, but only by the good Consent of everybody, after they gave the Lords Three Cheers when they came in; then we withdrew.

Q. How long was that Three Cheers after Captain Maplesden had been talking with you?

A. Not more than a Quarter of an Hour.

Q. Whether you said any Thing to Captain Maplesden, relative to your being summoned to attend this House?

A. Yes, and pulled out my Pocket Book to shew him my Summons; moreover, he did not take it from me, but I put it in my Book again, after the People had all withdrawed.

Q. What did Captain Maplesden say when you shewed him the Summons?

A. Nothing at all then, for he did not take it out of my Hand; and so I put it in my Book again; after we had done that, we spoke to the Duke of Bolton again, and then we all withdrawed.

Q. Are you very sure that you mentioned to Captain Maplesden, that the Paper that you shewed to him was a Summons or Subpœna from the House of Lords?

A. Yes.

Q. You are sure of that?

A. Yes, and pulled it out, and was going to shew it to him; but he did not take it out of my Hands; but I opened it to him.

Q. When did you return to Greenwich Hospital?

A. That same Night.

Q. What happened to you after you returned to Greenwich Hospital?

A. The very next Day he ordered all of us, that he picked out as he thought proper, to appear at his own House; and he kept us all in-doors, and examined us. After examining us, bringing us to a Council that we have in our House once a Week; but instead of that, he made a private Council of it. He broke me, that is, taking One Shilling and Sixpence out of Half a Crown, which is my Salary per Week.

Q. You were summoned to a Council?

A. No, not summoned to a Council; he ordered us there, instead of summoning us properly to the Council Room, as it should be, he made a private Council of it to himself, and so called us all one by one; and as for my Part, he examined me; so at last he damned me, and bid me get out of his House. I made answer, I did not want to come there if he had not sent for me. On the Monday following he had a Council on it; he brought me to the Council, and broke me; and he broke another. He mulcted another Twenty Shillings, and another Ten Shillings, and another Five Shillings, and another Four Shillings: And then he expelled a Nurse of the House for Three Months; and the Man that was Mate of the Painted Hall, he happened to kick a Dog in the Painted Hall, and he was turned out of the House.

Q. What do you mean by saying that Captain Maplesden broke you?

A. I am a Boatswain in the House, and I wear this Lace; now he has broke me, and taken this Lace away; and out of my Pay, which is Half a Crown a Week, he has taken One Shilling and Sixpence away; and I have but a Shilling remaining.

Q. Was that done by the Order of the Council?

A. By his own Order; it was a private Council.

Q. On what Day was that Council?

A. It was a private Council, which should have been on the Friday; he brought it on the Monday.

Q. Was any other Punishment inflicted on you?

A. I was to go into the Hall, and stand in the Pillory, and ask his Pardon.

Q. Whether you did go into the Hall and stand in the Pillory?

A. Yes.

Q. What was the Crime that you was charged with?

A. For disobeying his Orders at the House of Lords, in not taking the Mob off as he ordered, which was a Thing impossible for me to do.

Q. Whether you saw Captain Maplesden on the Wednesday endeavour to drive away any other Persons from the Door of the House?

A. No, he only pitched upon me; and as he did it, another Man, a Man that tends upon our Office, took our Names down, and another Fellow that was there was his Witness, so these, they took down what few People he pitched upon; and those he owed an Animosity to, he took our Names down.

Q. Whether you did go away on the Wednesday in consequence of Captain Maplesden's Order?

A. Not directly; not before we were done with here at the House of Lords; then we went home.

Q. Was it your Charge to bring the Witnesses from Greenwich to the House of Lords?

A. No, only I came up in the Coach along with them; but these People were all here long before we came.

Q. Whether you cheered any particular Lords, or whether you could distinguish one Lord from another?

A. Not at all; we cheered every one as they came by.

Q. Who set you to cheer the Lords?

A. No Soul; it was by nobody's Order, but only by the Men's own good Will; we Witnesses did not know that the Pensioners were all here.

Q. Who put you upon cheering the Lords at all?

A. God Almighty knows; it was their own doing.

Q. Did anybody put you upon cheering the Lords?

A. No.

Q. Was it of your own Thought?

A. Our own good Wills.

Q. Was you the oldest Boatswain attending, or ordered to attend this House?

A. No.

Q. Whether any of the Pensioners that were summoned to attend the House of Lords to give Evidence, were sent away before they had given their Evidence?

A. We did not go away before the House of Lords broke up.

Q. How many Pensioners were there?

A. God bless my Soul, I cannot tell.

Q. As near as you can guess?

A. I suppose Two or Three Hundred.

Q. Were they all Witnesses?

A. No no, not we Witnesses; I don't speak of them; I speak of the People that were cheering.

Q. How many of them were there that were Witnesses?

A. I believe about a Dozen.

Q. Whether you met with any Obstruction in coming down to the House of Lords to give your Evidence?

A. No, we came down very well, and went home again very safe; nobody affronted us, only Mr. Maplesden.

Q. Did Captain Maplesden obstruct your coming to give Evidence?

A. No.

Q. Did Captain Maplesden order all of you, or the Witnesses only, to go?

A. All.

Q. Did Captain Maplesden ever order you not to come again?

A. No, he never was against that.

Q. When you retired, was it at the Order of Captain Maplesden, or at the Desire of the Duke of Bolton?

A. I must tell you the Truth; by the Duke of Bolton's Order.

Q. How long had Captain Maplesden ordered you to retire before the Duke of Bolton ordered you?

A. About a Quarter of an Hour.

Q. Whether Captain Maplesden ordered you to retire after you had shewn him the Summons from the House of Lords or before?

A. Before; I offered to shew him the Summons then, but he would not take it out of my Hand.

Q. Did Captain Maplesden order you to retire after you had shewn him the Summons?

A. Yes; but we did not disperse before we gave the last Three Cheers; not before the Duke of Bolton spoke to us.

Q. Whether Captain Maplesden did order you to retire after you had shewn him the Summons from the House of Lords?

A. Directly; he did not take it from me, but he ordered me to retire then; and I said I had as much Right to stay there as any one there.

Q. When was that; before he ordered you to go or afterwards?

A. Afterwards.

Q. Was it before or after you shewed him the Paper?

A. It was at the Time I shewed him the Paper; when I put it up into my Pocket, then I told him that.

Q. Did he, after you had shewn him the Paper, order you to go home?

A. No, he did not.

Q. Do you understand that each Pensioner of Greenwich Hospital has by Leave a Right to be absent Twenty-four Hours?

A. Yes.

Q. Were all those that came here under that Description, Persons that had a Right to the Twenty-four Hours Absence?

A. They were all at Home; I question whether there were Five of them laid out.

Q. Has any Officers of the Hospital, if Men are absent during those Twenty-four Hours, any more Right than any other Person, without they find those Men are acting disorderly, to order them to disperse?

A. No, they ask Leave before they come out, and they may stay.

Q. Whether Captain Maplesden ceased giving you any Orders, as soon as you shewed him the Order of the House of Lords for your Attendance?

A. He spoke no more to me; he never gave me any more Orders afterwards.

Q. He did not order you to retire?

A. Not after; he had no more to say afterwards to me.

Q. How long have you been in Greenwich Hospital?

A. Eleven Years.

Q. How long have you been a Boatswain there?

A. Ten Years and Ten Months.

Q. How long had you been at Sea before you went to Greenwich Hospital?

A. Forty Years.

Q. In what Service have you been?

A. Thirty Years in the King's Service.

Q. Was you ever in the East Indies?

A. Yes.

Q. And in the West Indies?

A. Yes, and at Newfoundland and other Places.

Q. Did you use any other Words to Captain Maplesden, except that you had as good a Right to be there as the other People?

A. No other Words as I know; not any Words of Impudence.

Q. Was you ordered back to Greenwich?

A. No.

Q. Only to keep farther off?

A. Yes, and I came into the Lobby afterwards.

He was directed to withdraw.

Then Mary Rose was called in; and being sworn, was examined at the Bar as follows:

Q. What passed between you and Captain Maplesden on Wednesday last at the Door of this House?

A. When Captain Maplesden came out, he shook his Cane over his Head, and bid us disperse, when we were seeing the Honourable the House of Lords come.

Q. Over whose Head did he shake his Stick?

A. Over his own Head, and bid us disperse by Order of the House of Peers.

Q. What Did Captain Maplesden say?

A. He swore a very great Oath, and bid us disperse; and damn it, if we did not, he would mark us all, and punish us very severely when we came home.

Q. Were you punished?

A. Yes, I was brought before the Honourable Council, and mulct Half my Wages, for seeing the Honourable Peers come, and was very basely ill used, by what he was pleased to say to me besides.

Q. What did he say?

A. He made use of a great many Words, called me Hussey and Jade, and used a great many Words not proper to make use of before your Lordships.

Q. Was you summoned to attend this House on Wednesday?

A. I was, and I told him so; and he damned me, and asked me how I dare to come without an Order from the House.

Q. What House do you understand he meant, by saying an Order from the House?

A. That I did not ask Leave of Greenwich House; I thought the Summons was sufficient.

Q. Did he order you to go away, after you said you was summoned by Order of the House of Lords?

A. Yes, he did, and told me he would mark me for so doing, and take Notice of me when I got home.

Q. How much was you fined?

A. Twenty Shillings.

Q. Where did Captain Maplesden order you to go to?

A. He bid us disperse and go home; these were the Words he said.

Q. Did you shew Captain Maplesden the Summons of this House?

A. Captain Maplesden knew very well that I was summoned; he asked me, and I told him that I was there upon my Subpœna from the House of Peers.

Q. Did you shew him the Paper?

A. No, he did not ask to see it; he asked me, "If I was summoned?" I told him, "Yes." He did not ask me to shew it to him.

Q. Did you offer to shew it to him?

A. No, he did not ask it, and I did not shew it.

Q. Was it said to you in particular, or to you all together?

A. He bid us all disperse.

Q. Then what he said was no more spoke to you than to the rest?

A. No, he bid us all disperse; and he told me, when he went by me, that he would mark me when I got home; and so he did.

She was directed to withdraw.

Then Dorothy Perry was called in; and being sworn, was examined at the Bar as follows:

Q. Was you at the House of Lords on Wednesday last?

A. Yes.

Q. Did you see Captain Maplesden there?

A. Yes.

Q. What passed between Captain Maplesden and you?

A. When he came out of the Coffee House, there were a Parcel of People standing by the Side of the Coffee House, pretty near the Door of the House. When he came out, he came up to Boatswain Smith; he passed me; Boatswain Smith stood beside me; he turned to him; he had a Cane in his Hand; he ran it up close in Boatswain Smith's Face, and damned him, and asked him, How he came there." Boatswain Smith said, "His Feet brought him there." Captain Maplesden damned his Feet, and desired him to take all the Men and Women home, and take every Body away. He said, "He did not bring them there, and it was not his Business." Captain Maplesden said, "If he did not, he would punish him." Boatswain Smith said, "He could not help it, whether he did punish him or not, for he could not take the People away." Captain Maplesden said, "If he did not, he would mark him."

Q. Did any Thing else pass in your Hearing?

A. Not concerning Captain Maplesden; we came away soon after.

Q. Did Captain Maplesden say any Thing to you in particular?

A. No. He spoke to Boatswain Smith to take us all away; us that had Summonses said we had Summonses, and had therefore a Right to be there till we were called into this House; your Lordships had not all come in then.

Q. Did you tell Captain Maplesden that you was summoned?

A. I told it in his Hearing, close by him; when Boatswain Smith said he had a Summons, he damned him and us all, and told him to take us away and the Summonses too.

Q. Did Captain Maplesden order you to go away, or to go to any particular Place?

A. He did not order us to go to any Place here in London; he ordered us to go to Greenwich.

Q. What Time of Day was it that he said this?

A. About Two o'Clock, to the best of my Knowledge.

Q. Did you stay till this House was up?

A. Yes, we staid till the House broke up that Night; it was about Eight o'Clock.

Q. Did all the Witnesses stay till the House was up?

A. Yes.

Q. Did the rest of the People disperse?

A. Yes, every body but them that were summoned went away directly.

She was directed to withdraw.

Then it was moved, "That Captain Maplesden do attend this House To-morrow, to answer the said Complaint."

Which being objected to:

After Debate,

The Question was put thereupon?

It was resolved in the Negative.

Ordered, That the Lords be summoned to attend the House To-morrow, to take into further Consideration the Enquiry into the Management of Greenwich Hospital; and that the several Witnesses who were ordered to attend this Day, do then attend.

Adjourn.

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