House of Lords Journal Volume 33
May 1771

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

202-220

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 33: May 1771', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 202-220. URL: http://british-history.ac.uk/report.aspx?compid=113550 Date accessed: 21 August 2014.


Highlight

(Min 3 characters)

Contents

Die Mercurii, 1o Maii 1771.
Preston and Stratton Enclosure Bill. Wakefield Paving, &c. Bill. Isle of Wight Poor Bill. Boston West Fen Enclosure Bill. Skirbeck Quarter Fen Enclosure Bill. Gunpowder Bill. Live Cattle Bill: Whale Fishery Bill: Naval Stores, &c. Bill. Trial of Elections, Act to amend, Bill: Copper Coin Bill. American Rice Act, to amend, Bill. Scotland Highways Bill. Edinburgh Streets Bill. Besselsleigh, &c. Road Bill. Liverpoole to Prescot, &c. Road Bill. Message to H. C. that the Lords have agreed to the Ten preceding Bills. Lottery Bill. Expiring Laws, to continue, Bill. Sinking Fund Bill. Importation of Oak Staves Bill. Silk Bill. Haydon Square, &c. Paving, &c. Bill. Isle of Man Harbours Bill. Causes, Time limited for hearing them. Durham Yard, &c. Embanking Bill: Protest against it. Message to H. C. that the Lords have agreed to the Bill. Report of Commissioners of Greenwich Hospital delivered. Motion to address His Majesty to dissolve the Parliament. Adjourn. Die Jovis, 2o Maii 1771.
Brampton en le Morthen Enclosure Bill. St. Luke’s Paving, &c. Bill. Haydon Square, &c. Paving, &c. Bill. Gunpowder Bill. Isle of Wight Poor Bill. Preston and Stratton Enclosure Bill Wakefield Paving, &c. Bill. Message to H. C. that the Lords have agreed to the Four preceding Bills. Lottery Bill. Sinking Fund Bill. Importation of Oak Staves, &c. Bill. Expiring Laws Bi11. Silk Bill. Isle of Man Harbours Bill Dunkina against Noble. Appeal withdrawn. Dickson against E. Hyndford et al. Petition to amend Appeal. Chester Canal Bill. Adjourn. Die Veneris, 3o Maii 1771.
Lottery Bill: Silk Bill: Sinking Fund Bill Isle of Man Harbours Bill: Expiring Laws Bill. Importation of Oak Staves Bill: St. Luke’s Paving, &c. Bill: Brampton en le Morthen Enclosure Bill: Haydon Square, &c. Paving, &c. Bill. Message to H. C. that the Lords have agreed to the Nine preceding Bills. Boston West Fen Bill. Skirbeck Quarter Fen Bill Message to H. C. that the Lords have agreed to the Two preceding Bills. New Shoreham Elections, to incapacitate, Bill. Adjourn. Die Sabbati, 4o Maii 1771.
lack’s Recognizance on Lodge’s Appeal estreated. New Shoreham Electors, to incapacitate, Bill. Adjourn Die Lunæ, 6o Maii 1771.
Report respecting the Printing of the Rolls of Parliament and Journals. Orders relative the Delivery of them, and Address to his Majesty thereupon. Message from H. C. to return Maddock’s Bill. E. Chatham against Tothill and Westtern. New Shoreham Electors, to incapacitate, Bill: Message to H. C. that the Lords have agreed to it. To regulate Carters, &c. in Scotland, Bill. Dickenson and Blake against Blake, Pleadings proved. Adjourn. Die Martis, 7o Maii 1771.
To regulate Carters, &c. in Scotland, Bill. Writs of Error: Brooksbank against Roe: Scullard against Waite: Tankard and Rowley against Compagnon. Hogan against Jacques. E. Chatham against Tothill and Western. Judges Opinions delivered. Decree reversed. Adjourn. Die Mercurii, 8o Maii 1771.
To regulate Carters, &c. in Scotland, Bill. Message to H.C. that the Lords have agreed to it, with Amendments. King’s Answer to Address of Monday last reported. King present. Bills passed. His Majesty’s Speech. Parliament prorogued. Footnotes

Die Mercurii, 1o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep.Cantuar.Dux Gloucester.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep.Ebor.Ds. Apsley. Cancellarius.Ds. Le Despencer.
Epus. Eliens.Comes Gower. Præses.Ds. Abergavenny.
Epus. Cicestrien.Dux Richmond.Ds. Willoughby Br.
Epus. Sarum.Dux Grafton.Ds. Willoughby Par.
Epus. Glouceseter.Dux Beaufort.Ds. Clifton.
Epus. Bangor.Dux Bolton.Ds. Craven.
Epus. Lincoln.Dux Athol.Ds. Boyle.
Epus. Exon.Dux Ancaster. Magnus Camerarius.Ds. Trevor.
Epus. Oxon.Dux Portland.Ds. Masham.
Epus. Meneven.Dux Manchester.Ds. Cadogan.
Epus. Asaphen.Dux Chandos.Ds. King.
Epus. Landav.Dux Bridgewater.Ds. Monson.
Epus. Petriburg.March. Rockingham.Ds. Edgecumbe.
Epus. Cestrien.Comes Talbot. Senescallus.Ds. Sandys.
Comes Hertford. Camerarius.Ds. Fortescue.
Comes Exeter.Ds. Ravensworth.
Comes Northampton.Ds. Archer.
Comes Denbigh.Ds. Ponsonby.
Comes Peterborough.Ds. Hyde
Comes Sandwich.Ds. Walpole.
Comes Carlisle.Ds. Mansfield.
Comes Litchfield.Ds. Wycombe.
Comes Abingdon.Ds. Sondes.
Comes Gainsborough.Ds. Scarsdale.
Comes Scarbrough.Ds. Bolton.
Comes Rochford.Ds. Lovel. & Holland.
Comes Coventry.Ds. Milton.
Comes Cholmondeley.Ds. Beaulieu.
Comes Abercorn.Ds. Digby.
Comes Loudon.Ds. Sundridge.
Comes Marchmount.
Comes Stair.
Comes Roseberry.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Pomfret.
Comes Ashburnham.
Comes Powis.
Comes Hardwicke.
Comes Darlington.
Comes Ilchester.
Comes Radnor.
Copes Spencer.
Copies Chatham.
Viscount Montague.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Torrington.
Viscount Wentworth.

PRAYERS.

Preston and Stratton Enclosure Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Open Common Meadows, Commons, and Downs, in the Parishes of Preston and Stratton, 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 Contents 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.”

Wakefield Paving, &c. Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for the better pavings repairing, and cleansing, the Streets, Lanes, Alleys, and other Publick Passages, within that Part of the Town of Wakefield, in the County of York, which lies within the East End of Westgate Bridge, the South Side of Northgate Bar, the North End of Kirkgate Bridge, (except so much thereof as is repaired by the West Riding of the said County of York), and the extreme Part of the Township of Wakefield aforesaid leading from Wrengate towards East Moor for preventing Nuisances and Annoyances therein, and for widening and rendering the same more commodious,” 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.”

Isle of Wight Poor Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for establishing a House or Houses of Industry in the Isle of Wight, for the Reception, Maintenance, and Employment, of the Poor belonging to the several Parishes and Places within the said Island,” was committed.

Boston West Fen Enclosure Bill.

Ordered, That the Bill, intituled, “An Act for dividing and enclosing the Common Fen, belonging to Boston West, in the County of Lincoln,” be read the Third Time on Friday next.

Skirbeck Quarter Fen Enclosure Bill.

Ordered, That the Bill, intituled, “An Act for dividing and enclosing the Common Fen, belonging to Skirbeck Quarter, in the Parish of Skirbeck, in the County of Lincoln,” be read the Third Time on Friday next.

Gunpowder Bill.

The House (according to Order) was adjourned Gin during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for reducing into One Act of Parliament the several Laws relating to the keeping andCarriage of Gunpowder; and for more effectually preventing Mischiefs by keeping or carrying Gunpowder in too great Quantities.”

After some Time the House was resumed:

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

Live Cattle Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to prohibit the Exportation of Live Cattle and other Flesh Provisions from Great Britain, for a limited Time.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Whale Fishery Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for the better Support and Establishment of the Greenland and Whale Fishery.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Naval Stores, &c. Bill.

Hodie 3a vice lecta est Billa. intituled, “An Act to explain an Act, made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, “An Act giving further Encouragement for the Importation of Naval Stores, and for other Purposes therein mentioned,” so far as relates to the Importation of unmanufactured Wood of the Growth and Product of America; and to explain so much of an act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, “An Act for enlarging and regulating the Trade into the Levant Seas,” as relates to the Importation of Raw Silk and Mohair Yarn, landed at certain Places therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Trial of Elections, Act to amend, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to explain and amend an Act, made in the last Session of Parliament, intituled, “An Act to regulate the Trials of controverted Elections, or Returns of Members to serve in Parliament.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Copper Coin Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the more effectually preventing the counterfeiting the Copper Coin of this Realm.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

American Rice Act, to amend, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to amend an Act, made in the last Session of Parliament, intituled, “An Act for extending like Liberty, in the Exportation of Rice from East and West Florida, to the Southward of Gape Finesterre in Europe, as is granted by former Acts of Parliament to Carolina and Georgia.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Scotland Highways Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for widening the Highways in that Part of Great Britain called Scotland.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Edinburgh Streets Bill.

Hodie 3avice lecta est Billa, intituled, “An Act for cleansing, lighting, and watching, the several Streets and other Passages on the South Side of the City of Edinburgh, and for removing Nuisances and Annoyances therefrom; and preventing the same for the future.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Besselsleigh, &c. Road Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for amending and widening the Road from Besselsleigh through Wantage to Hungerford, in the County of Berks, and from Wantage to Marlborough, in the County of Wilts, and from the Turnpike Road between Reading and Wallingford through Halfpenny Lane to the Old Red House upon Wantage Downs, and from thence to Lamborn, in the said County of Berks.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Liverpoole to Prescot, &c. Road Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of Three Acts, passed in the Twelfth Year of King George the First, and the Nineteenth and Twenty-sixth Years of His late Majesty, for repairing the Road from Liverpoole to Prescot, and other Roads, in the County Palatine of Lancaster; and for amending the Road from the Causeway at Blacklow Brow to the Causeway leading from Prescot to Liverpoole; and also through Lime Kiln Lane to Ranelagh House in Liverpoole aforesaid.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Ten preceding Bills.

A Message was ordered to be sent to the House of Commons, by Mr. Holford and Mr. Browning:

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

Lottery Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery.”

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 Tomorrow.

Expiring Laws, to continue, Bill.

Hodie 2a vice lecta est Billa, intituled,“An Act for continuing several Laws for the better Regulation of Lastage and Balastage in the River Thames; for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for the Landing of Rum or Spirits of the British Sugar Plantations before Payment of the Duties of Excise; for repealing so much of an Act, passed in the Sixth Year of the Reign of King George the First, intituled, “An Act for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster,” as relates to the Carriage of Meal, Malt, and Coals; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney.”

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 Tomorrow.

Sinking Fund Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-one; and for further appropriating the Supplies granted in this Session of Parliament; for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two-sevenths Excise; and for enabling the Commissioners for executing the Office of Treasurer of His Majesty’s Exchequer, or the Lord High Treasurer Tor the Time being, to pay to John Dobson, Owner of the Greenland Ship Lord Molyneux, the Bounty due for the said Ship on the last Year’s Fishery.”

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 Tomorrow.

Importation of Oak Staves Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for granting a Bounty upon the Importation of White Oar Slave and Leading from the British Colonies or Plantations in America.”

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 Tomorrow.

Silk Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue for a further Time an Act passed in the Sixth Year of His present Majesty’s Reign, intituled, An Act to prohibit the Importation of Foreign Wrought Silks and Velvets for a limited Time; and for preventing unlawful Combinations of Workmen employed in the Silk Manufacture.”

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 Tomorrow.

Haydon Square, &c. Paving, &c. Bill.

Hodie 2a vice lecta est Billa, intituled,“An Act for the better paving, cleansing, lighting, and watching, Haydon Square, the New Square, Haydon Yard, Sheepy-Yard, Church Street, Little Church Street, otherwise the Church Passage, Church Court, and Kenton Street, and the Passages therein or leading thereunto, in the Parish of Trinity, otherwise Holy Trinity, in the Minories, in the County of Middlesex, within the Liberty of His Majesty’s Tower of London; and for other Purposes therein mentioned.”

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

Ld. President.L. Abp. Canterbury.L. Harwich.
Ld. Privy Seal.L. Abp. York.L. Le Despencer.
D. Richmond.L. Bp. Ely.L. Abergavenny.
D. Grafton.L. Bp. Chichester.L. Willoughby Br.
D. Beaufort.L. Bp. Salisbury.L. Willoughby Par.
D. Bolton.L. Bp. Gloucester.L. Clifton.
D. Athol.L. Bp. Bangor.L. Craven.
D. Ancaster.L. Bp. Lincoln.L. Boyle.
D. Portland.L. Bp. Exeter.L. Trevor.
D. Manchester.L. Bp. Oxford.L. Masham.
D. Chandos.L. Bp. St. Davids.L. Cadogan.
D. Bridgewater.L. Bp. St. Asaph.L. King.
M. Rockingham.L, Bp. Landaff.L. Monson.
Ld. Steward.L. Bp. Peterborough.L. Edgecumbe.
Ld. ChamberlairL. Bp. Chester.
L. Sandys.
E. Exeter.L. Fortescue.
E. Northampton.L. Ravensworth.
E. Denbigh.L. Archer.
E. Peterborough.L. Ponsonby.
E. Sandwich.L. Hyde.
E. Carlisle.L. Walpole.
E. Litchfield.L. Mansfield.
E. Abingdon.L. Wycombe.
E. Gainsborough.L. Sondes.
E. Scarbrough.L. Scarsdale.
E. Rochford.L. Boston.
E. Coventry.L. Lovel & Holland.
E. Cholmondeley.L. Milton.
E. Abercorn.L. Beaulieu.
E. Loudoun.L. Digby.
E. Murchmont.L. Sundridge.
E. Stair.
E. Rosebery.
E. Tankerville.
E. Aylesford.
E. Bristol.
E. Sussex.
E. Pomfret.
E. Ashburnham.
E. Powis.
E. Hardwicke.
E. Darlington.
E. Ilchester.
E. Radnor.
E. Spencer.
E. Chatham.
V. Montague.
V. Say & Sele.
V. Weymouth.
V. Falmouth.
V. Torrington.
V. Wentworth.

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.

Isle of Man Harbours Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for repairing, amending, and supporting, the several Harbours and Sea Ports in the Isle of Man.

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 Tomorrow.

Causes, Time limited for hearing them.

Ordered, That this House will hear no more Causes this Session, except that which is now depending, wherein the Right Honourable William Earl of Chatham is Appellant, and William Daw Tothill and Maximilian Western are Respondents.

Durham Yard, &c. Embanking Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act for enabling certain Persons to enclose and embank Part of the River Thames adjoining to Durham Yard, Salisbury Street, Cecil Street, and Beaufort Buildings, in the county of Middlesex;” and for the Lords to be summoned:

It was moved, “That the said Bill be read the Third Time Tomorrow.”

Which being objected to:

The Question was put thereupon;

It was resolved in the Negative.

Then the said Bill was read the Third Time.

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

DISSENTIENT.

Protest against it.

Because we are convinced by the Evidence, That the Embankment proposed will (fn. 1) be a Means of improving the Navigation of the River, which is the ostensible Object of the Bill: On the contrary, the Idea suggested by the Preamble of its increasing the Rapidity of the Stream, so as to remove the supposed Obstructions to the Navigation, appears to us equally unsupported, and indeed contradicted by the Witnesses on both Sides; and if it were admitted, would afford no Argument in Favour of a partial Embankment, since the said Bank, if removed from its present Station and not carried entirely off, must settle in some other Part of the River, not improbably in some Part where it would be much more prejudicial to the Navigation. And although it has been confidently asserted, on the Part of the Undertakers, that it will be in other Respects advantageous to the Navigation, the Petitioners against the Bill have, with equal Confidence, denied it, and suggested many Inconveniencies which they conceive it will occasion. These Allegations we find it not more difficult to reconcile than to decide between them with any Kind of Certainty on such Evidence as we have heard. It is however to be observed that the Proportion comes from Persons holding no Office which calls upon them to advert to the State of the Navigation, nor following any Trades which interest them in its well or ill doing; and that it is opposed by the concurrent Petitions of the Company of Watermen, the Corn Lightermen, and the Coal Lightermen, whom we understand to be the principal Navigators of this Part of the River, and of the City of London, whose Interests are obviously inseparable from those of the general Navigation of the River, who have been immemorially entrusted with the Conservancy of it, and of whose Conduct in the Exercise of that Office we have heard no Complaint. Under these Circumstances, we cannot but think it faster to leave the River in the Condition in which it has hitherto been found sufficient for all the Purposes of Navigation, than to hazard an Experiment to make it better, that may possibly be productive of Mischiefs in their Nature irremediable, for which at least this Bill provides no Remedy.

2dly, All the Arguments we have heard in Favour of an Embankment, whatever Weight they may deserve, go to prove the Utility of a general not a partial Embankment; and if the Legislature should not at any Time see Reason to adopt that Idea, this Bill, instead of assisting, as has been supposed, cannot fail to obstruct the Execution of it: 1st, As it precludes the Choice of such a Plan as, upon a full and proper Consideration of the whole Subject, may be found most eligible, and admits only of such a One as will coincide with the Project to be established by this Bill, which, on the Face of the Bill itself, appears to have been framed with a View to and as Part of the Plan of the adjacent Buildings, the Bill reserving no Power to require or direct any future Alterations however necessary. 2dly, As it is not to be doubted that the Precedent of this Bill will produce other Applications to Parliament, which cannot be confidently re used, for Authority to embank such other Parts of the River as the Parties applying may find their Account in embanking; after which not only the Difficulty of completing the Work, so as to give any Sort of Consistency to so many unconnected Schemes, and thereby produce, the publick Advantages which we are told are to remit from the Whole, but also the Expence of embanking those Parts from whence no private Emolument can arise, will be left a Burthen on the Publick; whereas, if this Bill were rejected, the whole Work might at any Time be executed, as all Publick Works ought to be, upon One regular well-digested Plan, under Parliamentary Inspection and Controul, and that without a Shilling Charge to the Publick; the Emoluments necessary arising from such a Work affording a Fund more than sufficient to defray the whole Expence attending it.

3dly, We have hitherto treated this Bill as if it was what the uninformed Reader would be led to imagine it. A Measure taking its Rise from the Publick Spirit of certain disinterested Persons, who desired nothing but the Authority of Parliament to execute a Project of great Publick Utility at their own private Expence: But after hearing the Proofs and uncontradicted Allegations at the Bar, it would be ridiculous to consider the Idea of Publick Utility as any Thing more than a Pretext for the private Advantage of Individuals, who having first laid their Hands on what confessedly does not belong to them, having by their own Authority excluded the Publick from the Use they have hitherto enjoyed of this Part of the River, and having in consequence subjected themselves to Publick Prosecutions now actually depending, come to Parliament to sanctify this Injustice and protect them against the Consequences of this Violence; and not content with Impunity, are to be rewarded with the Gift of the absolute Property of what they have thus possessed themselves, which, in their Hands, and when applied to the Uses to which they have destined it, will be of immense Value; and this without even the Pretence of a Title in themselves, or any better Foundation than the Consent which His Majesty, through the ill Advice of his Ministers, has been induced to give on a Supposition of a Title to the Soil still remaining in the Crown, although that Title has been disputed, and the Property claimed, under ancient Grants from former Kings, by the City of London and by the Church of Westminster; in Support of whose Claims, particularly the former, much Evidence was gone into at the Bar for more than was sufficient to the only Purpose for which it is competent to the Jurisdiction of either House of Parliament, acting legislatively, to discuss Men’s Titles, that of shewing that the Claim is not a mere Pretence to obstruct the Bill.

4thly, Whether we consider the Bill as a Publick Bill, which it affects to be; or as a Private Bill, which it really is, we conceive it to be equally destitute of Foundation in Precedent or Principle. It is undoubtedly true, that the Parliament frequently does and ought to make free with Property on the Terms of Compensation, whenever it is wanted for Publick Purposes; but the Publick Claim extends no further than the Publick Occasion requires: If, therefore, there were any Publick Reason for this Embankment, and it were fit to entrust the Execution of the Work to private Undertakers, we conceive it would be but just, that the Emolument arising from thence should be given to the Proprietors of the Soil, if they chose to undertake it, in Preference to any other who might apply for it, and by Parity of Reason, if the Property is doubtful, to those who have at least a colourable Claim, in Preference to those who have no Claim at all. With regard to Private Bills, we know of no Instance in which Parliament ever did interpose; and we conceive it will be an Act of manifest Injustice, whenever Parliament shall interpose to accommodate One Man with the Property of another; against his Will, or even without his express Consent.

Such is the Attention of Parliament to the Preservation and Protection of unknown and unclaimed Rights, that no Bill for the Regulation of Private Property is ever suffered to pass though unopposed, without a general Saving of all Rights, except those of the Parties petitioning for or consenting to the Bill; and when the Regulation desired is opposed under a Claim of Title, if the Evidence produced by the Party opposing justices to raise a Doubt to whom the Property belongs, the Bill proceeds no further, but the Parties are left to settle the Doubt, and get it decided as they may in the Courts below. We cannot, therefore, forbear to express our Surprise and Concern, that this Bill, sent up from the Commons without any such Saving, should not have passed this House, without Alteration, after so much Evidence as was offered in Support of the Claims of the Petitioners, and after the Petitioners had respectively declared their Readiness to try those Claims with the Crown in due Course of Law, both which Claims the Bill itself recognizes as proper to be tried, and One of which, although they have been both treated as chymerical, the Undertakers were so far from thinking so, that they appeared in Evidence to have been desirous of purchasing that of the City of London, at the Price of an Annual Quit Rent of a Farthing per Foot.

5thly, The Saving Clauses inserted in this Bill, if they can be so termed, serve only to shew, that in the Idea of those who framed them, this was a Bill in which Saving Clauses were necessary, and that they were nevertheless determined so to frame them as they should be of no Effect; for not to mention the obvious Difference to the Disadvantage of the Petitioners between this provision and the general Saving Clause, which usually is and always ought to be inserted in Bills where a Saving Clause is necessary, to deter the Petitioners the more effectually from attempting to get through the Embarrassments with which their Right of suing is involved, the Object of that Suit is by the Terms of the Provision placed for ever out of their Reach; and whether they succeed or miscarry, the Property they contend for is to become at all Events the Property of the Undertakers, and a Verdict, establishing the Petitioners Title, is to be of no other Use than to give them a Claim to such a Compensation as a Jury may think fit to estimate, who will not fail to be told that they are to consider the Soil as covered with Water, subject to the Publick Right of navigating over it.

In order to give some Colour to this extraordinary and unexampled Provision, each of these Clauses begins with asserting, as a Fact, that the Petitioners had insisted on a Compensation from the Undertakers for the Liberty of Embanking, and an Assertion which the Counsel for the Petitioners flatly contradicted, of the Truth of which, with regard to either of the Petitioners, no Evidence was offered on the Part of the Undertakers; and of the Falsehood of which, with regard to the City of London, there could be no Doubt; since, instead of claiming a Compensation, it was not denied that it had been offered them, and they had refused it. These Clauses, therefore, we cannot but consider as a Mockery of all the Forms of Parliamentary Proceedings, and, with regard to the Individuals whom they affect, as adding Insult to Oppression; and if we had no other Objection to the Bill, we should think ourselves bound, by the Duty we owe to the Publick and to ourselves, as Members of this House, to protest against a Proceeding of so alarming and dangerous an Example to the Property of the whole Kingdom, naturally tending, as we conceive, to encrease and justify the general Want of Confidence in the present Parliament.

“Wycombe.

King.

Tankerville.”

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

A Message was ordered to be 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.

Report of Commissioners of Greenwich Hospital delivered.

The House being informed, “That from the Commissioners of Greenwich Hospital attended:”

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

Report of the Commissioners or Governors of the Royal Hospital for Seamen at Greenwich, of what Money has been received out of the Rents and Profits of the Derwentwater Estate, between Ist December 1769 and 30th of November 1770; and of their Proceedings in carrying on the Building.”

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

The Order of the Day being read for the Lords to be summoned:

Motion to address His Majesty to dissolve the Parliament.

Moved, “That an humble Address be presented to His Majesty, most dutifully and earnestly beseeching His Majesty, that, under the late Violations of the Rights of the Electors of Great Britain, in the Election for Middlesex, still un-redrest, and in the present Conflict: which has so unhappily arisen between the Claims of Privilege of the House of Commons on One Side, and those of Magistracy on the other, His Majesty will, in his Paternal Wisdom, deign to open the Way to compose this alarming Warfare; and that, in order to prevent the said House and the Nation from being involved in intemperate Discussions of undefined Powers, which, in the Extreme, may endanger the Constitution, and tend to shake the Tranquillity of the Kingdom, His Majesty will be graciously pleased to recur to the recent Sense of His People, by dissolving, after the End of this Session, the present Parliament, and calling, with convenient Dispatch, a New Parliament:”

Which being objected to;

After long Debate,

The Question was put thereupon:

It was resolved in the Negative.

Adjourn.

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

Die Jovis, 2o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Eliens.Comes Gower, Præses.Ds. Le Despenser.
Epus. Cicestrien.Dux Richmond.Ds. Willoughby Par.
Epus. Litch. & Cov.Lux Grafton.Ds. Paget.
Epus. Glouceseter.Dux St. Albans.Ds. Berkeley Str.
Epus. Bangor.Dux Devonshire.Ds. Trevor.
Epus. Lincoln.Dux Marlborough.Ds. Masham.
Epus. Oxon.Dux Ancaster. Magnus Camerarius.Ds. Cadogan.
Epus. Meneven.Dux Manchester.Ds. Ducie.
Epus. Asaphen.Dux Bridgewater.Ds. King.
Epus. Landaven.Comes Northampton.Ds. Godolphin.
Epus. Petriburg.Comes Denbigh.Ds. Montfort.
Epus. Cestrien.
Comes Sandwich.Ds. Ravensworth.
Comes Essex.Ds. Walpole.
Comes Carlisle.Ds. Sondes.
Comes Abingdon.Ds. Grantham.
Comes Scarbrough.Ds. Grosvenor.
Comes Rochford.Ds. Boson.
Comes Coventry.Ds. Level & Holland.
Comes Poulet.Ds. Beaulieu.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Stair.
Comes Rosebery.
Comes Dartmouth.
Comes Tankerville.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Powis.
Comes Darlington.
Comes Ilchester.
Comes Radnor.
Viscount Hereford.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Brampton en le Morthen Enclosure Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Brampton en le Morthen, in the West Riding of the County of York,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

St. Luke’s Paving, &c. Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for paving and keeping in Repair the Streets, Lanes, and Passages, in the Parish of Saint Luke, in the County of Middlesex; for removing Obstructions and Annoyances therein; and for widening the Passages at the West End of Chiswell Street, at the South End of Brick Lane, in the said Parish, and for other Purposes therein mentioned;” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Haydon Square, &c. Paving, &c. Bill.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for the better paving, cleansing, lighting, and watching, Haydon-Square, the New Square, Haydon-Yard, Sheepy-Yard, Church Street, Little Church Street otherwise the Church Passage, Church Court, and Kenton Street, and the Passages therein or leading thereunto, in the Parish of Trinity, otherwise Holy Trinity, in the Minories, in the County of Middlesex, within the Liberty of His Majesty’s Tower of London, and for other Purposes therein mentioned,” was committed.

Gunpowder Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for reducing into One Act of Parliament, the several Laws relating to the Keeping and Carriage of Gunpowder, and for more effectually preventing Mischiefs by keeping or carrying Gunpowder in too great Quantities.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Isle of Wight Poor Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for establishing a House or Houses of Industry in the Isle of Wight, for the Reception, Maintenance, and Employment, of the Poor belonging to the several Parishes and Places within the said Island.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Preston and Stratton Enclosure Bill

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common Meadows, Commons, and Downs, in the Parishes of Preston and Stratton, in the County of Gloucester.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Wakefield Paving, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the better paving, repairing, and cleansing, the Streets, Lanes, Alleys, and other Publick Passages, within that Part of the Town of Wakefield, in the County of York, which lies within the East End of Westgate Bridge, the South Side of Northgate Bar, the North End of Kirkgate Bridge, (except so much thereof as is repaired by the West Riding of the said County of York), and the extreme Part of the Township of Wakefield aforesaid, leading from Wrengate towards East Moor; for preventing Nuisances and Annoyances therein, and for widening and rendering the same more commodious.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Four preceding Bills.

A Message was ordered to be sent to the House of Commons, by Mr. Holford and Mr. Browning:

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

Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery.”

After some Time the House was resumed:

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

Sinking Fund Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-one; and for further appropriating the Supplies granted in this Session of Parliament for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two-sevenths Excise; and for enabling the Commissioners for executing the Office of Treasurer of His Majesty’s Exchequer, or the Lord High Treasurer for the Time being, to pay to John Dobson, Owner of the Greenland Ship Lord Molyneux, the Bounty due for the said Ship on the last Year’s Fishery.”

After some Time the House was resumed:

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

Importation of Oak Staves, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for granting a Bounty upon the Importation of White Oak Staves and Heading from the British Colonies or Plantations in America.”

After some Time the House was resumed:

And the Lord Viscount Wentworth 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 Bi11.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, upon the Bill, intituled, “An Act for continuing several Laws for the better Regulation of Lastage and Balastage in the River Thames; for the further Punishment of Persons going armed or disguised in Defiance of the Laws of Customs or Excise; and for the landing of Rum or Spirits of the British Sugar Plantations before Payment of the Duties of Excise; for repealing so much of an Act, passed in the Sixth Year of the Reign of King George the First, intituled, “An Act for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster,” as relates, to the Carriage of Meal, Malt, and Coals; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney”

After some Time the House was resumed:

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

Silk Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to continue for a further Time an Act, passed in the Sixth Year of His present Majesty’s Reign, intituled, “An Act to prohibit the Importation of Foreign Wrought Silks and Velvets for a limited Time; and for preventing unlawful Combinations of Workmen employed in the Silk Manufacture.”

After some Time the House was resumed:

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

Isle of Man Harbours Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for repairing, amending, and supporting, the several Harbours and Sea Ports in the Isle of Man.”

After some Time the House was resumed:

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

Dunkina against Noble.

Upon reading the Petition of William Dunkin and James Dunkin Esquires, Appellants in a Cause depending in this House, to which the Reverend Mark Noble Clerk is Respondent; setting forth, “That the Petitioners have compromised this Suit;” and therefore praying, “That they may be at Liberty to withdraw the said Appeal without Costs, the Respondent’s Agent having signed the said Petition as consenting thereto:”

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw the said Appeal as desired.

Dickson against E. Hyndford et al. Petition to amend Appeal.

Upon reading the Petition of David Dickson Esquire, Appellant in a Cause depending in this House, to which the Earl of Hyndford and others are Respondents; praying, “That he may be at Liberty to amend his said Appeal, by striking out the whole Interlocutors therein complained of, except that of the 24th of February 1770, and by omitting the Name of Duncan Macdonald Writer in Edinburgh as a Respondent thereto, the Respondent’s Agent having signed the said Petition as consenting thereto:”

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by striking out the whole Interlocutors therein, complained of, except that of the 24th of February 1770, and by omitting the Name of Duncan Macdonald Writer in Edinburgh as a Respondent thereto.

Chester Canal Bill.

The Order, of the Day being read for the Second Reading of the Bill, intituled, “An Act for making a Navigable Cut or Canal from the River Dee within the Liberties of the City of Chester, to or near Middlewich, in the County of Chester, there to join the Canal now making from the River Trent to the River Mersey” and for the Lords to be summoned:

The said Bill was accordingly read the Second Time.

The Petition of the Company of Proprietors of the Navigation from the Trent to the Mersey was read.

Then John Chamberlain Merchant in Chester was called in; and being sworn, was examined as to what Advantages will arise to the City of Chester from the passing of this Bill, and what Disadvantages in case it should not; and as to what Effect the passing of it will have upon the Trade of the Town of Liverpool; and what Loss the Petitioners against the Bill will sustain; and what Objections the City of Chester have to the Canal proposed by the Duke of Bridgewater from Ince to Chester.

He was directed to withdraw.

Then Thomas Yeoman Surveyor was called in; and, being sworn, was examined as to the Level of the intended Canal being higher than the Grand Trunk, and what Loss of Water it will occasion to the Grand Trunk; and as to the Number of Locks that must be made upon the intended Canal; and as to the Power given by the Bill of breaking through the Banks of the Grand Trunk.

He was directed to withdraw.

Then Hugh Hanshall Clerk to the Proprietors of the Navigation from the Trent to the Mersey was called in; and, being sworn, was examined as to the Sums already expended upon this Navigation, and what further Sums must be expended before it is finished; and as to the Time of his first having heard of any intended

Application from the City of Chester for making a Canal; and as to the received Opinion that the Undertakers of the Trent Navigation would not have began that Undertaking, if they had not thought of having the whole Length of the Navigation; and as to what Damage the Works will suffer by cutting through the Grand Trunk, as intended by this Bill.

He was directed to withdraw.

Then John Seymour Merchant and Cheese Factor at Middlewich was called in; and, being sworn, was examined as to the Loss the Proprietors of the Trent Navigation will sustain, in case this Bill should pass, and what Disadvantage it will be to the Town of Middlewich, and the Salt Works there, and what Advantage the intended Canal will occasion to the Trade in general of the Country, and as to his having sold his Share in the Trent Navigation, in order to his being admitted as a Witness against the Bill.

He was directed to withdraw.

Then John Chamberlain was again called in, and examined as to his having sold his Share in the Trent Navigation, in order to his being admitted as a Witness for the Bill.

He was directed to withdraw.

Proposed “To commit the Bill.”

Which being objected to

After Debate,

The Question was put thereupon:

It was resolved in the Negative.

Ordered, That the said Bill be rejected.

Adjourn.

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

Die Veneris, 3o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Gantuar.Ds. Apsley, Cancellarius.Ds. Abergavenny.
Epus. Cicestrien.Comes Gower, Præses.Ds. Willoughby Br.
Epus. Glouceseter.comes Suffolk, C. P. S.Ds. Willoughby Par.
Epus. Lincoln.Dux Richmond.Ds. Clifton.
Epus. Meneven.Dux Beaufort.Ds. Craven.
Epus. Petriburg.Dux St. Albans.Ds. Trevor.
Epus. Cestrien.
Dux Bolton.Ds. Romney.
Dux Athol.Ds. Cadogan.
Dux Ancaster, Magnus Camerarius.Ds. king.
Comes Hertford Camerarius.Ds. Monson.
Comes Denbigh.Ds. Sandys.
Comes Sandwich.Ds. Ravensworth.
Comes Abingdon.Ds. Archer.
Comes Scarborough.Ds. Ponsonby.
Comes Rochford.Ds. Hyde.
Comes Coventry.Ds. Lyttelton.
Comes Poulet.Ds. Wycombe.
Comes Abercorn.Ds. Sondes.
Comes Loudoun.Ds. Boston.
Comes Marchmont.Ds. Pelham.
Comes Stair.Ds. Camden.
Comes Rosebery.Ds. Digby.
Comes Dartmouth.
Comes Macclesfield.
Comes Waldegrave.
Comes Powis.
Comes Ilchester.
Comes Radnor.
Comes Spencer.
Comes Chatham.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Lottery Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Silk Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to continue for a further Time an Act, passed in the Sixth Year of His present Majesty’s Reign, intituled, “An Act to prohibit the Importation of Foreign Wrought Silks and Velvets for a limited Time; and for preventing unlawful Combinations of Workmen employed in the Silk Manufacture.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Sinking Fund Bill

Hodie 3a vice lecta est Billa, intituled, “An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-one; and for further appropriating the Supplies, granted in this Session of Parliament, for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two-sevenths Excise; and for enabling the Commissioners for executing the Office of Treasurer of His Majesty’s Exchequer, or the Lord High Treasurer for the Time being, to pay to John Dobson, Owner of the Greenland Ship Lord Molyneux the Bounty due for the said Ship on the last Years Fishery.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Isle of Man Harbours Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for repairing, amending, and supporting, the several Harbours and Sea Ports in the Isle of Man.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Expiring Laws Bill.

Hodie 3a vice lecta est Billa intituled, “An Act for continuing several Laws for the better Regulation of Lastage and Balastage in the River Thames; for the further Punishment of Persons going armed or disguised, in Desiance of the Laws of Customs or Excise; and for the landing of Rumor Spirits of the British Sugar Plantations before Payment of the Duties of Excise; for repealing so much of an Act, passed in the Sixth Year of the Reign of King George the First, intituled, “An Act for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster,” as relates to the Carriage of Meal, Malt, and Coals; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Importation of Oak Staves Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for granting a Bounty upon the Importation of White Oak Staves and Heading from the British Colonies or Plantations in America.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

St. Luke’s Paving, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for paving and keeping in Repair the Streets, Lanes, and Passages, in the Parish of St. Luke, in the County of Middlesex; for removing Obstructions and Annoyances therein; and for widening the Passages at the West End of Chiswell Street, and at the South End of Bricklane in the said Parish; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Brampton en le Morthen Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Commons and Waste Grounds, within the Township of Brampton en le Morthen, in the West Riding of the County of York.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Haydon Square, &c. Paving, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the better paving, cleansing, lighting, and watching, Hay don Square, the New Square, Haydon-Yard, Sheepy-Yard, Church Street, Little Church Street otherwise the Church Passage, Church Court, and Kenton Street, and the Passages therein or leading thereunto, in the Parish of Trinity, otherwise Holy trinity, in the Minories, in the County of Middlesex, within the Liberty of His Majesty’s Tower of London; and for other Purposes therein mentioned.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Nine preceding Bills.

A Message was ordered to be sent to the House of Commons, by Mr. Holford and Mr. Browning:

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

Boston West Fen Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act for dividing and enclosing the Common Fen, belonging to Boston West, in the County of Lincoln:”

Skirbeck Quarter Fen Bill

And also, the Order of the Day being read for the Third Reading of the Bill, intituled, “An Act for dividing and enclosing the Common Fen, belonging to Skirbeck Quarter, in the Parish of Skirbeck, in the County of Lincoln;” and for hearing Counsel for and against the said Bills:

The Counsel were called in:

The said Two Bills were severally read the Third Time:

Which done;

The Petition of Mr. Zachary Chambers praying to be heard by Counsel against the said Bill, was read.

Mr. Serjeant Whitaker heard for the Petitioner against the said Bills, and calls,

Edward Huddleston; who being sworn, was examined as to a Lease granted by Mr. Chambers to Francis Hill of the Manor of Swineshead, and his holding the said Manor under the said Lease, Mr. Hill being dead, and he having married the said Mr. Hill’s Daughter; as to his driving the Common Twice a Year or oftener if required; as to the Yearly Value of tie Waifs and Estrays for Seven Years last past; and as to the Owners of Cattle, who have no Right of Common, paying him a Rent for turning their Cattle upon the Common.

He was directed to withdraw.

Then Mr. Maddocks was heard in Support of the Bill.

Mr. Leigh also heard in Support of the Bill.

The Counsel were directed to withdraw.

The Question was put, “Whether this (fn. 2) Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to the Two preceding Bills.

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

To acquaint them, That the Lords have agreed to the said (fn. 3) Bills, without any Amendment.

New Shoreham Elections, to incapacitate, Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, “An Act to incapacitate John Burnett, Charles Hannington, Thomas Haselgrove, Ralph Moor, Thomas Parsons, Thomas Snook Junior, Thomas Hannington, John Hannington, John Robinson, William Cheeseman, George Browne, John Parsons, John Curl, Frederick Dean, William Dean, Samuel Tuppen, John Sawyers, Thomas Crowter, Thomas Pockney Joseph Dedman, John Dean, John Whiting, William Stevens, John Bawcomb, Robert Parker, John Hogsflesh, John Purse, John Dean, Thomas Fennings, John Snook Junior, Richard Tilstone, William Turner, Walter Sawyers, Charles Mitchell, John Jarmand, John Wood, Friend Damel, William Gratwick, Nathaniel Hillman, Thomas Roberts, John Ashman, William Cooler, Thomas Frost, Michael Smith, Richard Carver, Michael Durrant, Emery Churcher, Walter Broad, Richard Stoneham, James Bennett, Clement Freeman, William Jupp, Thomas Crowter, John Barnard, James Mitchell, James Millar otherwise Miller, William Newnham, Jeffery Carver, Randall Button, James Carver, John Martin, John Dedman Senior, William Jennings, William Hards, Thomas Gear, William Rusbridge, Henry Robinson, and Henry Hannington, from voting at Elections of Members to serve in Parliament, and for the preventing Bribery and Corruption in the Election of Members to serve in Parliament, for the Borough of New Shoreham, in the County of Sussex;” and for hearing Counsel against the said Bill, and for the Lords to be summoned:

Counsel were accordingly called in:

And Mr. Maddocks and Mr. Leigh appeared as Counsel for the Petitioners against the Bill, no Counsel appearing for it.

Then the said Bill was accordingly read the Second Time.

The Petition of the several Persons whose Names are there unto subscribed, praying, “To be heard by Counsel against the said Bill was also read.

Then Hugh Roberts was called in; and, being sworn; and examined, acquainted the House, “That he belongs to New Shoreham; that he knows and belonged to a Club there, called The Christian Society, which was first instituted in the Year 1764, and consisted of about 91 or 92 Persons, all of whom had Votes for the Borough of Shoreham that there are 145 Voters in the Whole for the said Borough; that he cannot tell why this Club was called The Christian Society; that the Club had a Clerk named John Partington; that they had regular Monthly Meetings, and occasional Ones, to the last of which, they were called by hoisting a Flag; that each Member paid Sixpence at their Monthly Meetings, towards the Support of Sick Members; that this Monthly Payment was not made when the Club was first instituted, but was agreed upon some Time afterwards, in order to prevent their being brought within the Description of the Act of Combination; that this Club was first instituted for the Purpose of encouraging Ship Building at Shoreham, and for bringing in Members; that the Club appointed a Committee of Five or Seven to treat with the Candidates for the said Borough, and to get the most Money for their Votes; that the Design of the Club was burgessing, in Opposition to the other Electors not Members of this Club; that the Club left it to the Committee to make the best Bargain with the Candidates they could; that the last Committee consisted of Five; that he has heard it reported in the Club, that they must chuse such particular Gentlemen; that Admiral Cornish had been chose by them Twice; that Mr. Cust was chose by this Club; that he did not hear the Committee make their Report to the Society who was to be chosen, but he understood they were; that the Candidates on the other Side were Mr. Neunham and Mr. Holford; that the Club at their Meetings used to discourse about Elections; that he trusted his Vote to the Committee; that each Member of the Club took an Oath of Secrecy on the Four Evangelists, and entered into a Bond in Five hundred Pounds Penalty, not to attempt any Thing which might occasion the Breaking-up of the Club, and to vote as the Majority of the Club directed; that on the 3d of November last, being fearful of being brought into Danger, he went to the Club, and insisted that his Name should be struck out of the List of Members, and the Bond he had entered into cancelled; that his Name was accordingly struck out, and the Bond was burnt before his Face; that the Committee divided the Money received from the Candidate among the Club, Share and Share alike, privately; that the Club was called in February 1770, on Account of a Letter they received, in which it was said, that Admiral Cornish lay at the Point of Death; that he attended that Meeting, at which it was proposed to chuse that Person for Member who gave the most Money, which Proposition was then approved of; that he cannot tell whether the Club is dissolved or not; that at the last Election all the Club voted for Mr. Rumbolt except Five, who were of the Committee, who he believes did not vote.”

Then the Names of the Persons to be disfranchised by the Bill being read over to him, he said, “They were all Members of the Club; that he don’t know how many Members there were at the Time of Mr. Rumbolt’s Election, belonging to the Club; that there were Thirteen or Fourteen Revenue Officers in the said Borough; that they were not Members of this Club, but that the Foremost men belonging to the Custom House Boat had been admitted; that the Revenue Officers there were Persons of Property, but had no Influence in the Borough, and that they voted at the last Election; that he heard several Members of the Club say, they had received Money at the last General Election, but don’t know their Names, nor the Sum received; that the Right of voting in the said Borough is Scot and Lot; that the Freeholders in the Rape of Bramber had no Right of voting for the Borough of Shoreham; that the said Rape is a large District, and that Shoreham is in that Rape; that the never heard what Sum was paid by the Candidates to the Committee, but has heard that the Share of each Member of the Club came to about Forty-five or Forty-six Pounds; that he never was present when a Report was made by the Committee of what Bargain they had made with the Candidates, nor did he ever hear what it was out of Doors; that amongst themselves he has heard it asserted that they might have had more Money if it had not been for the Ship Building; that he has heard it said in the Club Room, that they would chuse a Frenchman if he gave the most Money; that the Members of the Club, at the last Election, were not all Members at the Time of the General Election; that the Custom of the Society was not to take more Members in; that when a Member died, they did not fill up his Place; that it was understood by the Club, at the last General Election, that the Members to be chosen were to procure Six or Seven hundred Tons more of Shipping to be set up at Shoreham; that he don’t know the Name of any Person who received Money for voting, but several Members of the Club have owned it in his Hearing, that if Ninety Voters were to be set aside, there would remain Fifty-five Voters in the Borough besides Sixteen or Seventeen that have been added since; that the Charity of the Club of Three Shillings per Week to each Sick Member was understood to be a Cloak, and he understood it so himself.”

He was directed to withdraw.

Then John Innot was called in; and, being sworn and examined, gave the like Account as the last Witness; and that “he knows Money was given at the last General Election, and that the Club shared Forty-six Pounds a Man, and that Partington and Harry Innard went about to share the Money; that the Share of Thomas Allen a Member of the Club, amounting to Forty-six Pounds, was put into the Stock Chest, he being Abroad at the Election; and that the said Allen complained of their refusing to give him his Share.”

He was directed to withdraw.

Then Thomas Pelham was called in; and, being sworn and examined, gave the same Evidence as the last Witness; and that “he has been present when the Club gave the Committee Directions to treat with the Candidate, and to make a Bargain for a Sum for electing a Member, and also present when the Committee reported, that every Thing was settled to their Satisfaction, but that the Committee did not report the Sum to be given; that the Money was once divided publickly in the Club Room, and once carried about to the Members of the Club to be divided.”

He was directed to withdraw.

Then John Bedding was called in; and, being sworn and examined, acquainted the House,“That he had been a Member of the said Club for Seven Days, but fearing to be brought into Trouble he quitted it; that he took no Oath of Secrecy, nor entered into any Bond; that he was introduced to the Club by one Parker, who told him, that by being a Member thereof, he might get Thirty or Forty Pounds for his Vote, which he, having a large Family, acquiesced in.”

He was directed to withdraw.

Then Mr. Maddocks, Counsel against the Bill, was heard in Behalf of all the Persons named in the Bill:

And called, John Wilkinson; who, being sworn, produced “a Copy of the Order of the House of Commons, for the Attendance of the several Persons therein named; and also a Copy of the Address of the House of Commons to His Majesty, for prosecuting Six of the Persons named in the Bill; and His Majesty’s Answer thereto.”

And the same were read.

He was directed to withdraw.

Then Mr. Leigh was also heard in Behalf of the several Persons named in the Bill.

The Counsel were directed to withdraw.

Ordered That the said Bill be committed to a Committee of the whole House To-morrow.

Adjourn.

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

Die Sabbati, 4o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.Dux Gloucester.Ds. Abergavenny.
Epus. Cicestrien.Ds. Apsley, Cancellarius.Ds. Willoughby Br.
Epus. Lincoln.Comes Gower, Præses.Ds. Willoughby Par.
Epus. Meneven.Dux Richmond.Ds. Trevor.
Epus. Cestrien.
Dux Bolton.Ds. Romney.
Dux Ancaster, Magnus Camerarius.Ds. King.
Comes Sandwich.Ds. Monson.
Comes Abingdon.Ds. Sandys.
Comes Scarbrough.Ds. Ravensworth
Comes Coventry.Ds. Ponsonby.
Comes Poulet.Ds. Lyttelton.
Comes Abercorn.Ds. Sondes.
Comes Stair.Ds. Boston.
Comes Rosebery.Ds. Pelham.
Comes Bucks.Ds. Milton.
Comes Darlington.Ds. Camden.
Comes Ilchester.Ds. Digby.
Comes Spencer.
Comes Chatham.
Viscount Hereford.
Viscount Falmouth.

PRAYERS.

lack’s Recognizance on Lodge’s Appeal estreated.

Upon reading the Petition of James Mansorgh and Robert Lawrenson, Respondents to the Appeal of George Lodge Gentleman; setting forth, “That the Appellant, in the Year 1766, presented a Petition of Appeal to their Lordships, against a Decree of the Court of Chancery in Ireland, of the 11th of December 1761, and which Appeal came on to be heard before their Lordships on the 29th Day of January 1770, when their Lordships were pleased to affirm the said Decree, and to dismiss the said Appeal, with Two hundred Pounds Costs; that, on bringing the said Appeal, James Medlicott Flack Gentleman, entered into the usual Recognizance for the Appellant’s prosecuting the said Appeal, and for Payment of such Costs as should be awarded, in case the Decree complained of should be affirmed; that the Petitioners caused the Appellant to be served with a Copy of their Lordships Order, and at the same Time a Demand was made of the Coats so directed by their Lordships Order, to be paid to the Petitioners; but the said Appellant then informed the Person who demanded the said Money, that he was not able to pay the same, on Account of his Poverty;” and therefore praying their Lordships, “that the said Recognizance so entered into by the said James Medlicott Flack may be estreated into His Majesty’s Court of Exchequer, or that their Lordships would be pleased to give such other Relief therein as to the House shall seem meet:”

It is Ordered, That the said Recognizance entered into by the said James Medlicott Flack be estreated into His Majesty’s Court of Exchequer.

New Shoreham Electors, to incapacitate, Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, “An Act to incapacitate John Burnett, Charles Hannington, Thomas Haselgrove, Ralph Moor, Thomas Parsons, Thomas Snook Junior, Thomas Hannington, John Hannington, John Robinson, William Cheeseman, George Browne, John Parsons, John Curl, Frederick Dean, William Dean, Samuel Tuppen, John Sawyers, Thomas Crowter, Thomas Pockney, Joseph Dedman, John Dean, John Whiting, William Stevens, John Bawcomb, Robert Parker, John Hogsflesh, John Purse, John Dean, Thomas Jennings, John Snook Junior, Richard Tilstone, William Turner, Walter Sawyers, Charles Mitchell, John Jarmand, John Wood, Friend Daniel, William Gratwick, Nathaniel Hillman, Thomas Roberts, John Ashman, William Cooter, Thomas Frost, Michael Smith, Richard Carver, Michael Durrant, Emery Churcher, Walter Broad, Richard Stoneham, James Bennett, Clement Freeman, William Jupp, Thomas Crowter, John Barnard, James Mitchell, James Millar otherwise Miller, William Newnham, Jeffery Carver, Randall Button, James Carver, John Martin, John Dedman Senior, William Jennings, William Hards, Thomas Gear, William Rusbridge, Henry Robinson, and Henry Hannington, from voting at Elections of Members to serve in Parliament, and for the preventing Bribery and Corruption in the Election of Members to serve in Parliament, for the Borough of New Shoreham, in the County of Sussex;” and for the Lords, to be summoned:

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

After some Time the House was resumed:

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

Ordered, That the said Bill be read the Third Time on Monday next.

Adjourn

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

Die Lunæ, 6o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep Cantuar.Ds. Apsley. Cancellarius.Ds. Willoughby Br.
Epus. Glouceseter.Comes Suffolk. C. P. S.Ds. Willoughby Par.
Epus. Bangor.Dux Richmond.Ds. Trevor.
Epus. Meneven.Dux Bolton.Ds. King.
Epus. Asaphen.Comes Hertford. Camerarius.Ds. Godolphin.
Epus. Petriburg.
Comes Denbigh.Ds. Sandys.
Comes Stamford.Ds. Ravensworth.
Comes Poulet.Ds. Hyde.
Comes Abercorn.Ds. Mansfield.
Comes Marchmont.Ds. Lyttelton.
Comes Stair.Ds. Boston.
Comes Rosebery.Ds. Camden.
Comes Dartmouth.
Comes Hardwicke.
Comes Ilchester.
Viscount Montague.
Viscount Wentworth.

PRAYERS.

Report respecting the Printing of the Rolls of Parliament and Journals.

The Earl of Marchmont reported from the Lords Sub-Committees, appointed to consider of the Orders and customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect: the Journals, and to inspect over the printing the Rolls of Parliament and Journals, “That the Committee have met, and, in Obedience to their Lordships Orders of the 9th of March 1767, their Lordships have directed and superintended the printing of the Journals of this House: That after the most diligent Enquiries they have not been able to discover any Journals prior to the First Year of King Henry the Eighth, although they have Reason to believe that some Journal of the Reign of Henry the Seventh was extant about the End of the last Century; neither have they been able to discover any of the Journals (known long ago to be missing) of some Years during the Reign of King Henry the Eighth; but to supply this Defect in some Measure, they have directed the Parliament Rolls of those Years, as far as they point out the Proceedings of Parliament, to be printed: That the Journals, from the First Year of Henry the Eighth to the last Parliament in the Reign of King Charles the Second, are now printed in Thirteen Volumes; and a Chronological Table is prefixed to each Volume: That their Lordships now submit to the Consideration of the House, that it may be proper to order the Delivery of these Thirteen Volumes in such Manner as the House shall direct:”

Which Report, being read Twice by the Clerk, was agreed to by the House.

Orders relative the Delivery of them, and Address to his Majesty thereupon.

Ordered, That the Thirteen Volumes of the Journals of this House, now printed, be delivered out in Sheets, without any Fee or Reward whatsoever.

Ordered, That the Delivery of these Volumes be made under such Regulations as the Sub-Committee, appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journals, and to inspect over the printing the said Rolls and Journals, shall direct.

Ordered, That an humble Address be presented to His Majesty, laying before Him the said Report and Resolution, and numbly desiring that His Majesty would be graciously pleased to give such Directions concerning the Delivery of any Copies of the said Journals, as, in His great Wisdom, His Majesty shall think proper.

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

Message from H. C. to return Maddock’s Bill.

A Message was brought from the House of Commons, by Sir John Turner and other

To, return the Bill, intituled, “An Act for vesting the Copyhold Estate of Richard Maddock Gentleman deceased, situate at Norwood, in the County of Middlesex, in Trustees, to be sold towards discharging the Principal Money and Interest due upon a Mortgage thereof; and of certain Freehold Estates of the said Richard Maddock, in the County of Wilts;”and to acquaint this House, that they have agreed to the same, without any Amendment.

E. Chatham against Tothill and Westtern.

The Order of the Day being read for taking into further Consideration the Cause, wherein the Right Honourable William Earl of Chatham is Appellant, and William Daw Tothill and Maximilian Western are Respondents, and for the Judges to deliver their Opinions upon a Question of Law proposed to them on the 29th Day of April last:

The Lord Chancellor acquainted the House, “That the Judges desired further Time till To-morrow, in order to deliver their Opinions upon the said Question.”

Ordered, That the further Consideration of the said Cause be adjourned till To-morrow; and that the Judges do then attend to deliver their Opinions upon the said Question.

New Shoreham Electors, to incapacitate, Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act to incapacitate John Burnett, Charles Hannington, Thomas Haselgrove, Ralph Moor, Thomas Parsons, Thomas Snook Junior, Thomas Hannington, John Hannington, John Robinson, William Cheeseman, George Browne, John Parsons, John Curl, Frederick Dean, William Dean, Samuel Tuppen, John Sawyers, Thomas Crowter, Thomas Pockney, Joseph Dedman, John Dean, John Whiting, William Stevens, John Bawcomb, Robert Parker, John Hogsflesh, John Purse, John Dean, Thomas Jennings John Snook Junior, Richard Tilstone, William Turner, Walter Sawyers, Charles Mitchell, John Jarmand, John Wood, Friend Daniel, William Gratwick, Nathaniel Hillman, Thomas Roberts, John Ashman, William Cooter, Thomas Frost, Michael Smith, Richard Carver, Michael Durrant, Emery Churcher, Walter Broad, Richard Stoneham, James Bennett, Clement Feeman, William Jupp, Thomes Crowter, John Barnard, James Mitchell, James (fn. *) Millar otherwise Miller, William Newnham, Jeffery Carver, Randall Button, James Carver, John Martin, John Dedman Senior, William Jennings, William Hards, Thomas Goa, William Rusbridge, Henry Robinson, and Henry Hannington, from voting at Elections of Members to serve in Parliament, and for the preventing Bribery and Corruption in the Election of Members to serve in Parliament, for the Borough of New Shoreham, in the County of Sussex:”

The said Bill was accordingly read the Third Time.

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. Holford and Mr. Browning:

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

To regulate Carters, &c. in Scotland, Bill.

Hodie 2a vice letla est Billa, intituled, “An Act for the better Regulation of Carters, Carriages, Loaded Horses, Pedlars, Tinkers, and Petty Chapmen; and for rilling up of Coal and other Pits and Sinks; and removing of Obstructions and Nuisances within that Part of Great Britain called Scotland.”

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.

Dickenson and Blake against Blake, Pleadings proved.

The House being informed, “That James Kelly attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause, wherein John Dickenson and Walter Blake are Appellants, and Patrick Blake is Respondent:”

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

And then he withdrew.

Adjourn.

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

Die Martis, 7o Maii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby
Epus. Cicestrien.Dux Bolton.Ds. Clifton.
Epus. Glouceseter.Dux Ancaster, Magnus Camerarius.Ds. Trevor.
Epus. Bangor.Dux Northumberland.Ds. Cadogan.
Epus. Oxon.Comes Denbigh.Ds. King.
Epus. Meneven.Comes Sandwich.Ds. Godolphin.
Epus. Asaphen.Comes Abingdon.Ds. Sandys.
Epus. Petriburg.Comes Poulet.Ds. Ravensworth.
Epus. Cestrien.
Comes Abercorn.Ds. Hyde.
Comes Marchmont.Ds. Mansfield.
Comes Stair.Ds. Lyttelton.
Comes Rosebery.Ds. Boston.
Comes Bucks.Ds. Camden.
Comes Ilchester.
Viscount Montague.
Viscount Say & Sele.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

To regulate Carters, &c. in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for the better Regulation of Carters, Carriages, Loaded Horses, Pedlars Tinkers, and Petty Chapmen; and for filling up of Coal and other Pits and Sinks; and removing of Obstructions and Nuisances within that Part of Great Britain called Scotland.”

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, “That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House will please to receive the same.”

Ordered, That the said Report be received To morrow.

Writs of Error:

The Lord Mansfield, Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table Four Writs of Error:

In the First of which,

Brooksbank against Roe:

Stamp Brooksbank Esquire is Plaintiff, and Richard Roe, on the Demise of John Frederick Esquire, is Defendant.

In the Second,

Scullard against Waite:

George Scullard Esquire is Plaintiff, and Moses Waite Esquire is Defendant.

In the Third,

Tankard and Rowley against Compagnon.

William Tankard and Robert Rowley are Plaintiffs, and Mary Compagnon is Defendant.

And in the last,

Hogan against Jacques.

John Hogan is Plaintiff, and William Jacques is Defendant.

E. Chatham against Tothill and Western.

The Order of the Day being read for taking into further Consideration the Cause, wherein the Right Honourable William Earl of Chatham is Appellant, and William Daw Tothill and Maximilian Western are Respondents; and for the Judges to deliver their Opinions upon a Question of Law proposed to them on the 29th Day of April last:

Judges Opinions delivered.

The Lord Chief Baron of the Court of Exchequer delivered the unanimous Opinion of the Judges present upon the said Question, with their Reasons:

That in the Event that has happened, the Devise to the Respondent William Daw Tothill of the Bank Stock, Exchequer Orders, Leasehold Estates, and Furniture of the Houses, specifically bequeathed, is void.”

Whereupon the following Order and Judgement was made:

After hearing Counsel, as well on Friday the 26th as Monday the 29th of April last, upon the Petition and Appeal of the Right Honourable William Earl of Chatham, complaining of a Decree of the Court of Chancery of the 23d Day of June 1770; and praying. That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also, upon the Answer of William Daw Tothill and Maximilian Western, put in to the said Appeal, and after hearing the unanimous Opinion of the Judges present this Day upon a Question of Law put to them, and due Consideration had of what was offered on either Side in this Cause:

Decree reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Decree of the Court of Chancery, complained of in the said Appeal, be, and the same is hereby reversed.

Adjourn.

Dominus Cancellarius declaravit praæsens Parliamentum continuandum esse usque ad et in diem, Mercurii, Octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 8o Maii 1771.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Gloucester.Ds. Le Despencer.
Epus. Cicestrien.Dux Cumberland.Ds. Willoughby Br.
Epus. Sarum.Ds. Apsley, Cancellarius.Ds. Willoughby Par.
Epus. Oxon.Comes Gower, Præses.Ds. Clifton.
Epus. Meneven.Comes Suffolk, C.P.S.Ds. Trevor.
Epus. Landaven.Dux St. Albans.Ds. Cadogan.
Epus. Cestrien.
Dux Bolton.Ds. King.
Dux Athol.Ds. Monson.
Dux Ancaster.Ds. Sandys.
Dux Manchester. Magnus Camerarius.Ds. Ravensworth.
Comes Talbot. Seneseallus.Ds. Walpole.
Comes Northampton.Ds. Mansfield.
Comes Stamford.Ds. Lyttelton.
Comes Carlisle.Ds. Boston.
Comes Litchfield.Ds. Camden.
Comes Scarborough.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Rosebery.
Comes Pomfret.
Comes Darlington.
Viscount Montague.
Viscount Say & Sele.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

To regulate Carters, &c. in Scotland, Bill.

The Lord Viscount Wentworth (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, “An Act for the better Regulation of Carters, Carriages, Loaded Horses, Pedlars, Tinkers, and Petty Chapmen; and for filling up of Coal and other Pits and Sinks; and removing of Obstructions and Nuisances within that Part of Great Britain called Scotland.”

Which Amendments were read by the Clerk as follow; (videlicet),

Pr. 1. L. 19. After the Word [“of”] leave out [“June”], and insert [“August”].

L. 2r. After the Word [“whatsoever”], insert [“in any Publick Street or Highway”].

L. 35. Leave out from the Word [“Carriages”] to the Word [“in”] in the 39th Line of the same Press.

Pr. 2. L. 7. Leave out from the Word [“Residence”] to the Word [“placed”] in the 9th Line of the same Press.

L. 15. Leave out from the Word [“Offence”], to the End of the Clause.

L. 27. After the Word [“Owners”], leave out [“and Number thereof”].

L. 35. After the Word [“Carriage”], leave out [“Carriages”].

Pr. 3. L. 8. After the Word [“of”], leave out [“Chaise Drivers”].

L. 9 and 10. After the Word [“Waggoners”], leave out the Words [“and Drivers of any other Carriage whatsoever”].

L. 14. After the Word [“of”], leave out [“June”], and insert [“August”].

L. 15. Leave out from the Word [“if”] to the Word [“any”] in the 20th Line of the same Press.

L. 21. Leave out from the Word [“Waggoner”] to the Word [“Hull”] in the 27th Line of the same Press.

L. 27. After the Word [“whatsoever”], leave out [“driven by him or them”].

L. 28. Leave out the Word [“Cities”], and insert [“City”]; and in the same Line, after the Word [“or”], leave out [“Towns”], and insert [“Market Town”].

L.30. After the Word [“any”], leave out [“Cities and Towns”], and insert [“City or Town”].

L. 33. After the Word [“Foot”], insert [“or on Horseback”].

L. 34, After the Word [“same”], insert[“such Carts as are respectively drawn by One Horse only, or by Two Horses a breast, and are conducted by some Person holding the Reins of such Horse or Horses excepted”].

Pr. 4. L. 5. After the Word [“is”], leave out [“entirely”], and insert [ “greatly”].

L. 10. After the Word [“of”], leave out: [“June”], and insert [“August”].

L. 18. After the Word [“respectively”], leave out to the Word [“and”], in the 20th Line of the same Press.

L. 35. Leave out the Word [“Stone”]and insert [“Stones”].

Pr. 5. L. 4. Leave out [“June”] and insert [“August”].

L. 8.After the Word [“as”], insert [“wilfully”].

L. 37. Leave out from the Word [“Carriages”] to the Word [“about”] in the 39th Line of the same Press.

Pr. 6. L. (fn. 5) After the Word [“Carriage”], insert [“palling on any Highway”].

L. 16. Leave out from the Word [“Offence”] to the Word [“and”] in the 12th Line of the 10th Press.

Pr. 10. L. 28. After the Word [“his”], insert [“her”].

L. 30. Leave out from the Word [“Witnesses”] to the Word [“and”] in the 11th Line of the 12th Press.

Pr. 12. L. 21. Leave out from the Word [“Commitment”] to the Word [“And”] in the 34th Line of the 13th Press.

Pr. 14. L. 3. After the Word [“him”] leave out the Word [“to”].

L. 14. Leave out from the Word [ “committed”] to the End of the Bill.

In the Title of the Bill:

L. 2. After the Word [“Carts”], insert [“and”], leave out the Word [“loaded”], and after the Word [“Horses”] leave out [“Pedlars, Tinkers, and Petty Chapmen”]

L. 4. After the Word [“for”] leave out [“filling up of Coal and other Pits and Sinks and”].

L. 5. After the Word [“removing”] leave out [“of”].

L. 6. After the Word [“Nuisances”] insert [“in the Streets and Highways”].

And the said Amendments, being read again by the Clerk, were agreed to by the House.

Hodie 3a vice lecta est Bilia, intituled, “An Act for the better Regulation of Carters, Carriages, loaded Horses, Pedlars, Tinkers, and Petty Chapmen; and for filling up of Coal and other Pits and Sinks; and removing of Obstructions and Nuisances, within that Part of Great Britain called Scotland.”

The Question was put, “Whether this Bill, with the Amendments, shall pass?”

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it, with Amendments.

A Message was sent to the House of Commons, by Mr. Hams and Mr. Browning:

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

King’s Answer to Address of Monday last reported.

The Lord Steward reported, “That the Lords with White Staves had (according to Order) waited on His Majesty with the Address of this House of Monday last; and that His Majesty was pleased to receive the same very graciously.”

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty’s Pleasure they attend Him immediately in this House:”

Who being come, with their Speaker,

He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills, to be passed, severally, as follow; videlicet.

Bills passed.

“1. An Act for granting to His Majesty a certain Sum of Money, to be raised by a Lottery.”

“2. An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, and for applying certain Monies therein mentioned for the Service of the Year One thousand seven hundred and seventy-one; and for further appropriating the Supplies, granted in this Session of Parliament, for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two-sevenths Excise; and for enabling the Commissioners for executing the Office of Treasurer of His Majesty’s Exchequer, or the Lord High Treasurer for the Time being, to pay to John Dobson, Owner of the Greenland Ship Lord Molyneux, the Bounty due for the said Ship on the last Year’s Fishery.”

“3. An Act for repairing, amending, and supporting, the several Harbours and Sea Ports in the Isle of Man.”

“4. An Act for granting a Bounty upon the Importation of White Oak Staves and Heading from the British Colonies or Plantations in America.”

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

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

“5. An Act for continuing several Laws for the better Regulation of Lastage and Balastage in the River Thames; for the further Punishment of Persons going armed or disguised, in Desiance of the Laws of Customs or Excise; and for the landing of Rum or Spirits of the British Sugar Plantations before Payment of the Duties of Excise; for repealing so much of an Act, passed in the Sixth Year of the Reign of King George the First, intituled, “An Act for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals, within Ten Miles of the Cities of London and Westminster,” as relates to the Carriage of Meal, Malt, and Coals; and for authorizing the Exportation of a limited Quantity of an inferior Sort of Barley, called Bigg, from the Port of Kirkwall, in the Islands of Orkney.”

“6. An Act to explain and amend an Act made in the last Session of Parliament, intituled, “An Act to regulate the Trials of controverted Elections or Returns of Members to serve in Parliament.”

“7. An Act to incapacitate John Burnett, Charles Hannington, Thomas Haselgrove, Ralph Moor, Thomas Parsons, Thomas Snook Junior, Thomas Hannington, John Hannington, John Robinson, William Cheeseman, George Browne, John Parsons, John Curl, Frederick Bean, William Bean, Samuel Tuppen, John Sawyers, Thomas Crowter, Thomas Pockney, Joseph Dedman, John Dean, John Whning, William Stevens. John Bawcomb, Robert Parker, John Hogsflesh, John Purse, John Dean, Thomas Jennings, John Snook Junior, Richard Tilstone, William Turner, Walter Sawyers, Charles Mitchell, John Jarmand, John Wood, Friend Baniel, William Gratwick, Nathaniel Hillman, Thomas Roberts, John Ashman, William Cooter, Thomas Frost, Michael Smith, Richard Carver, Michael Burrant, Emery Churcher, Walter Broad, Richard Stoneham, James Bennett, Clement Freeman, William Jupp, Thomas Crowter, John Barnard, James Mitchell, James Millar otherwise Miller, William Newnham, Jeffery Carver, Randall Button, James Carver, John Martin, John Dedman Senior, William Jennings, William Hards, Thomas Gear, William Rusbridge, Henry Robinson, and Henry Hannington, from voting at Elections of Members to serve in Parliament, and for the preventing Bribery and Corruption in the Election of Members to serve in Parliament, for the Borough of New Shoreham, in the County of Sussex.”

“8. An Act for the better Support and Establishment of the Greenland and Whale Fishery.”

“9. An Act to prohibit the Exportation of Live Cattle and other Flesh Provisions from Great Britain, for a limited Time.”

“10. An Act to explain an Act, made in the Eighth Year of the Reign of His late Majesty King George the First, intituled, “An Act giving further Encouragement for the Importation of Naval Stores, and for other Purposes therein mentioned, “so far as relates to the Importation of unmanufactured Wood of the Growth and Product of America; and to explain so much of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, intituled, “An Act for enlarging and regulating the Trade into the Levant Seas,” as relates to the Importation of Raw Silk and Mohair Yarn, landed at certain Places therein mentioned.”

“11. An Act for the more effectually preventing the counterfeiting the Copper Coin of this Realm.”

“12. An Act to amend an Act, made in the last Session of Parliament, intituled, “An Act for extending like Liberty in the Exportation of Rice from East and West Florida, to the Southward of Cape Finesterre in Europe, is granted by former Acts of Parliament to Carolina and Georgia.”

“13. An Act for reducing into One Act of Parliament the several Laws relating to the Keeping and Carriage of Gunpowder, and for more effectually preventing Mischiefs by keeping or carrying Gunpowder in too great Quantities.”

“14. An Act to continue for a further Time an Act, passed in the Sixth Year of His present Majesty’s Reign, intituled, “An Act to prohibit the Importation of Foreign Wrought Silks and Velvets for a limited Time; and for preventing unlawful Combinations of Workmen employed in the Silk Manufacture.”

“15. An Act for widening the Highways in that Part of Great Britain called Scotland.”

“16. An Act for diverting out of the Crown, and to vest in Gerard Fitzgerald of Rathrone, in the County of Meath, in the Kingdom of Ireland, Esquire and his Heirs, the Reversion in Fee of and in several Lands in Ireland, therein mentioned.”

“17. An Act for cleansing, lighting, and watching, the several Streets and other Passages on the South Side of the City of Edinburgh, and for removing Nuisances and Annoyances therefrom, and preventing the same for the future.”

“18. An Act for enabling certain Persons to enclose and embank Part of the River Thames adjoining to Durham Yard, Salisbury Street, Ceal Street, and Beaufort Buildings, in the County of Middlesex.”

“19. An Act for establishing a House or Houses of Industry in the Isle of Wight, for the Reception, Maintenance, and Employment, of the Poor, belonging to the several Parishes and Places within the said Island.”

“20. An Act for the better paving, repairing, and cleansing, the Streets, Lanes, Alleys, and other Publick Passages within that Part of the Town of Wakefield, in the County of York, which lies within the East End of Westgate Bridge, the South Side of Northgate Bar, the North End of Kirkgate Bridge, (except so much thereof as is repaired by the West Riding of the said County of York), and the extreme Part of the Township of Wakefield aforesaid leading from Wrengate towards East Moor; for preventing Nuisances and Annoyances therein; and for widening and rendering the same more commodious.”

“21. An Act for the better paying, cleansing, lighting, and watching, Haydon Square, the New Square, Haydon-Yard, Sheepy-Yard, Church Street, Little Church Street otherwise the Church Passage, Church Court, and Kenton Street, and the Passages therein or leading thereunto, in the Parish of Trinity, otherwise Holy Trinity, in the Minones, in the County of Middlesex within the Liberty of His Majesty’s Tower of London; and for other Purposes therein mentioned.”

“22. An Act for paving and keeping in Repair the Streets, Lanes, and Passages, in the Parish of St. Luke, in the County of Middlesex; for removing Obstructions and Annoyances therein; and for widening the Passages at the West End of Chiswell Street, and at the South End of Bricklane, in the said Parish, and for other Purposes therein mentioned.”

“23. An Act for amending and widening the Road from Besselsleigh through Wantage to Hungerford, in the County of Berks, and from Wantage to Marlborough, in the County of Wilts, and from the Turnpike Road between Reading and Watlingford through Halfpenny Lane to the Old Red House upon Wantage Downs, and from thence to Lamborn, in the said County of Berks.”

“24. An Act to enlarge the Term and Powers of Three Acts, passed in the Twelfth Year of King George the First, and the Nineteenth and Twenty-sixth Years of His late Majesty, for repairing the Road from Liverpool to Prescott, and other Roads in the County Palatine of Lancaster; and for amending the Road from the Causeway at Blacklow Brow to the Causeway leading from Prescott to Liverpool, and also through Lime Kiln Lane to Ranelagh House, in Liverpoole aforesaid.”

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

Le Roy le veult.”

“25. An Act for vesting in Trustees, and their Heirs, several Manors, Messuages, Lands, and Hereditaments, in the County of Southampton, the Estate of the Most Noble William Henry Cavendish Duke of Portland, upon Trust, to sell the same, and to apply the Money to arise by Sale thereof, in Manner therein mentioned.”

“26. An Act for vesting the Manor, Capital Messuage, Barton Farm, and Demesne Lands, of Cadhay, situate in Ottery Saint Mary, in the County of Devon, Part of the Settled Estate of Sir Booth Williams Baronet, in Trustees, to be sold, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses which are now subsisting with regard to the said Settled Estate.”

“27. An Act for confirming and carrying into Execution an Agreement dated the Twenty-third Day of June One thousand seven hundred and seventy, between Humphr Minchin Esquire and George Clive Esquire; and for vesting certain Estates in the County of Tipperary. in the Kingdom of Ireland, in certain Trustees and their Heirs for that Purpose.”

“28. An Act for vesting certain Messuages in the Strand, in the County of Middlesex, Part of the Settled Estate of James Theobald Esquire in Trustees, to be conveyed to James Adam Esquire, and for laying out the Purchase Money in Lands, to be settled to the Uses to which the said Settled Estate do now stand limited.”

“29. An Act for vesting the Copyhold Estate of Richard Maddock Gentleman deceased, situate at Norwood, in the County of Middlesex, in Trustees, to be sold towards discharging the Principal Money and Interest due upon a Mortgage thereof, and of certain Freehold Estates of the said Richard Maddock, in the County of Wilts.

“30. An Act for dividing and enclosing the Open Common Meadows, Commons, and Downs, in the Parishes of Preston and Stratton, in the County of Gloucester.”

“31. An Act for dividing and enclosing the Common Fen belonging to Boston West, in the County of Lincoln.”

“32. An Act for dividing and enclosing the Common Fen belonging to Skirbeck Quarter, in the Parish of Skirbeck, in the County of Lincoln.”

“33. An Act for dividing and enclosing the Commons and Waste Grounds within the Township of Bramptonen-le-Morthen, in the West Riding of the County of York.”

“34. An Act for naturalizing Carsten Dirs and Jacob Glostein.”

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

“Soit fait comme il est desire.”

Then His Majesty was pleased to speak, as follows:

His Majesty’s Speech.

My Lords, and Gentlemen,

As the State of Publick Business no longer requires your Attendance, I think it right, at this Season of the Year, to put an End to the present Session of Parliament:

The Satisfaction I have obtained from His Catholick Majesty, for the Injury I had received, together with the Proofs which the Courts of France and Spain have given Me, by laying aside their Armaments, of their sincere Disposition to preserve the General Tranquillity of Europe, have enabled Me to reduce My Forces by Sea and Land.

The Zeal with which you have exerted yourselves upon the Apprehention of a Rupture with Spain, mud convince the World of your affectionate Attachment to Me, and of your constant Regard for the true Interests of your Country: On that Support I shall always rely for the Defence of My Honour, and for the Security of the Rights of My People.

With regard to the Troubles which still agitate some Parts of the Continent, My Endeavours have never been wanting to bring them to an End; and in those Endeavours you may be assured I shall persevere.

Gentlemen of the House of Commons,

It was with real Concern that I found Myself called upon by the Situation of Publick Affairs, to ask of My faithful Commons more than ordinary Supplies for the Service of the Current Year; and I cannot sufficiently thank you for the Unanimity, Chearfulness, and Publick Spirit, with which they have been granted.

My Lords, and Gentlemen,

While we acknowledge the Goodness of Divine Providence in preserving us from those Calamities with which some Parts of Europe have been afflicted, let Me exhort you to employ your best Endeavours in your several Stations and Countries, to render the National Happiness compleat, by discouraging and suppressing all groundless Suspicions and Domestick Disturbances. I have no other Object and I can have no other Interest, than to reign in the Hearts of a free and happy People; and it is My earnest Wish, that My Subjects may not be prevented, by any Mistakes or Animosities amongst themselves, from enjoying, in the fulled Extent, the Blessings of a mild and legal Government. The Support of Our excellent Constitution is Our common Duty and Interest: By that Standard I would wish My People to try ill publick Principles and Possessions, and to look upon those as their most dangerous Enemies, who, under any Pretence whatsoever, would persuade them to violate those Laws, and undermine that Authority which the Constitution has provided for the Purpose of preserving the general Liberty and Happiness.”

Then the Lord Chancellor, having received Directions from His Majesty, said,

Parliament prorogued.

My Lords, and Gentlemen,

It is His Majesty’s Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the 23d Day of July next, to be then here held; and this Parliament is accordingly prorogued to Tuesday the 23d Day of July next.”

Footnotes

* Sic
2 Sic.
3 Sic.
* Miller in Orig
5 Sic.