May 1760, 1-10

DIE Veneris, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir M. Fetherston's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of Sir Mathew Fetherston Baronet, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Broughton Sulney Common, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields of Broughton Sulney, in the County of Nottingham," 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."

Ardsley Common, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Common in the Township of Ardsley and Parish of Darfield, in the West Riding of the County of York," 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."

Costock Common, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields of Costock, otherwise Cortlingstock, in the County of Nottingham, and all the Lands and Grounds within the said Open Fields," 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."

River Weaver, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to amend an Act, passed in the Seventh Year of the Reign of His late Majesty King George the First, for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester; and for the more effectual preserving and improving the Navigation of the said River," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Strode's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling certain Manors, Capital Messuages, Lands, and Hereditaments, in the County of Hertford, comprized in a Settlement made by William Strode Esquire, deceased; and for purchasing, with the Money arising by such Sale, other Lands and Hereditaments, to be settled to the like Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Enrolment of Deeds, &c. by Papists, Bill.

A Message was brought from the House of Commons, by Sir John Rushout and others:

With a Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Melton Mowbray Common, Bill:

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

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

It was Resolved in the Affirmative.

Folksworth Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, and Pasture Grounds, within the Parish of Folksworth, in the County of Huntingdon."

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

It was Resolved in the Affirmative.

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

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

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

Hinckley Common, Bill.

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

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

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

Hawtrey against Daniel:

The House being informed, "That Patrick Keaghran attended, in order to deliver in a Copy of King Charles the Second's Grant to Edward Progers, relating to a Cause depending in this House, wherein Ralph Hawtrey Clerk is Appellant, and Cassandra Daniel and others are Respondents."

Paper proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "It was a true Copy, he having examined it with the Original in the proper Office in Ireland."

And then he was directed to withdraw.

Teatt against Strong, in Error: Judges to attend.

Ordered, That the Judges do attend this House on Tuesday next, upon hearing the Errors argued on the Writ of Error, wherein Ralph Teatt is Appellant, and James Strong Clerk is Defendant.

Coddington Common, Bill.

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

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

Walton Common, Bill.

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

With a Bill, intituled, "An Act for the enclosing and dividing divers Parcels of Commons and Waste Grounds, lying and being in the several Townships of Walton on the Hill and Fazakerly, in the Parish of Walton on the Hill aforesaid, and County Palatine of Lancaster;" to which they desire the Concurrence of this House.

Keith, late E. Marischall, to sue, notwithstanding his Attainder, Bill: His Majesty's Consent to it.

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act to enable George Keith late Earl Marishall to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

and to the London Streets, Bill:

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for widening certain Streets, Lanes, and Passages, within the City of London and Liberties thereof, and for opening certain new Streets and Ways within the same, and for other Purposes therein mentioned," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

and High Peak Courts Baron, Bill.

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for regulating the Proceedings in Personal Actions in the respective Courts Baron of the Hundred of High Peak and Manor of Castleton, in the County of Derby," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Alexander's Pet. claiming the Title of E. of Stirling.

The Earl of Holdernesse (by His Majesty's Command) presented to the House a Petition of William Earl of Stirling, relating to the Titles and Honours claimed by the Petitioner; with His Majesty's Reference thereof to this House.

And the same were read by the Clerk; and are as follow:

"To the King's Most Excellant Majesty.

"The humble Petition of William Earl of Stirling;

"Sheweth,

"That Sir William Alexander of Menstrie, Secretary of State, was, in the Year 1630, created Viscount of Stirling and Lord Alexander of Tulliebodie, to him and his Heirs Male bearing the Surname and Arms of Alexander.

"That His Majesty King Charles, by Letters Patent, bearing Date the 14th Day of January 1633, reciting the said Viscount's Services to the Crown, and his great Merit in the first Discovery, Acquisition, and Settlement; of Nova Scotia and Canada, created the said Viscount of Stirling Earl of Stirling, Viscount of Canada, and Lord Alexander of Tulliebodie, to him and his Heirs Male for ever, bearing the Surname and Arms of Alexander.

"That the first Earl of Stirling died in 1640; and his Eldest Son, having spent the greatest Part of his Fortune in pursuing the Design of establishing a Colony on the River Saint Lawrence, died in America in the Life of his Father, leaving a Son; who succeeded his Grandfather in his Honours, but died soon afterwards, and was succeeded by Henry Third Son to the First Earl of Stirling, who was succeeded by his Son Henry the Fourth Earl, and he by his Son Henry the Fifth Earl, who survived all the Male Descendants of the First Earl, and died without Issue in 1739. The Right to the aforesaid Title and Dignity then devolved to the Issue Male of John Alexander, Uncle to the First Earl of Stirling.

"That your Petitioner, whose Family has long resided in North America, from whence he first arrived in Britain in 1757, is the Eldest Male Descendant of the said John, and as such was, on the 20th Day of March 1759, served and retoured nearest and lawful Heir Male of Henry the last Earl of Stirling; by virtue whereof, he humbly apprehends, he has a good Right to the Titles and Honours aforesaid.

"Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to give the proper Directions for having Your Petitioner's Right to the said Titles and Honours declared and established.

"And Your Petitioner shall ever pray.

"Stirling."

"Whitehall, May 2d, 1760.

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

"Holdernesse."

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House.

Ellis against Seagrave; et è contra.

After hearing Counsel further, in the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Seagrave Esquire Respondent; et è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the other Causes on Cause-days be removed in Course.

Keith, late E. Marischall, to sue, notwithstanding his Attainder, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable George Keith late Earl Marischall to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

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

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Mat. Fetherston's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Mathew Fetherston Baronet, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Harris:

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

Qualification of Members of H. C. Bill.

A Message was brought from the House of Commons, by Sir John Phillips and others:

With a Bill, intituled, "An Act to enforce and render more effectual the Laws relating to the Qualification of Members to fit in the House of Commons;" to which they desire the Concurrence of this House.

Brecon to Whitney Passage Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage, in the County of Hereford; and for building a Bridge over the River Wye, at Bredwardine Passage, in the same County;" to which they desire the Concurrence of this House."

Pensylvania Land Company, Bill.

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

With a Bill, intituled, "An Act for vesting certain Estates in Pensylvania, New Jersey, and Maryland, belonging to the Proprietors of a Partnership commonly called The Pensylvania Land Company in London, in Trustees, to be sold; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

River Weaver, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to amend an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester; and for the more effectual preserving and improving the Navigation of the said River."

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

It was Resolved in the Affirmative.

Broughton Sulney, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Broughton Sulney, in the County of Nottingham."

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

It was Resolved in the Affirmative.

Ardsley Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Common in the Township of Ardsley and Parish of Darfield, in the West Riding of the County of York."

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

It was Resolved in the Affirmative.

Costock Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields of Costock, otherwise Cortlingstock, in the County of Nottingham, and all the Lands and Grounds within the said Open Fields."

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.

And Message were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Courts Baron in The High Peak, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating the Proceedings in Personal Actions in the respective Courts Baron of the Hundred of High Peak and Manor of Castleton, in the County of Derby."

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

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

Enrolment of Deeds &c. by Papists, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

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

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

Walton Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the enclosing and dividing divers Parcels of Commons and Waste Grounds, lying and being in the several Townships of Walton on the Hill and Fazakerly, in the Parish of Walton on the Hill aforesaid, and County Palatine of Lancaster."

Wall & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Wall Widow and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower John Wall the Grandfather, and Mary Wall the Guardian, of Anna Maria Wall an Infant, to execute Articles, Leases, or Grants, for giving Liberty to drive a Sough through an Estate called Cowley Estate, in the Parishes of Darley and Youlgreave, in the County of Derby, descended to, and now vested in, the said Anna Maria Wall."

Ellis against Seagrave;

After hearing Counsel, as well on Friday the 25th Day of April last, and on Friday the 2d Day of May Instant, as this Day, upon the Petition and Appeal of Welbore Ellis Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of November 1758; and praying, "That the same might be reversed; and that this House will grant the Appellant such Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As likewise upon the Cross Appeal of Neal Seagrave Esquire, complaining of the said Decree; and praying, "That this House will be pleased to grant the Appellant such Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the said Neal Seagrave put in to the said Original Appeal; and the Answer of the said Welbore Ellis put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Court of Chancery in Ireland, of the 20th of November 1758, complained of in the said Appeals, be, and the same is hereby, reversed, and that the Original Bill be dismissed, without Costs: And it is hereby further Ordered and Adjudged, That it be referred to a Master of the said Court of Chancery, to take an Accompt of what is due to the Respondent in the Original Appeal, from the Appellant in the said Appeal, for Arrears of Rent; and also for the Fine of £. 20. 19s. with Interest for the same from the Year 1689; and that, in taking such Accompt, the said Master do make all just Allowances; and, upon Payment by the said Appellant of what shall appear to be due, at such Time and Place as the said Master shall appoint, that the said Respondent do, at the said Appellant's Expense, execute a Lease to the said Appellant, for the Remainder of the Term of 101 Years, commencing at Michaelmas 1686, at the Yearly Rent of Thirty Pounds, with usual Covenants; and that the said Appellant execute a Counterpart of such Lease; and if any Doubt shall arise, upon the Description of the Premises, and the Abuttals and Boundaries thereof, that the said Court of Chancery do give the proper Directions for ascertaining the same; and that the Injunction already obtained be made perpetual: And it is further Ordered, That the said Court of Chancery in Ireland do give all proper Directions for carrying this Judgement into Execution.

Earl Marischall to sue, notwithstanding his Attainder, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable George Keith late Earl Marischall to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate, that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

After some Time, the House was resumed.

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Earl Marischall to sue, notwithstanding his Attainder, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable George Keith, late Earl Marischall, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate, that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

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. Lane and Mr. Holford:

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

London Streets to widen, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for widening certain Streets, Lanes, and Passages, within the City of London and Liberties thereof, and for opening certain new Streets and Ways within the same; and for other Purposes therein mentioned."

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

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

Blakesly Common, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, and Common Grounds, in the Parish of Blakesley, in the County of Northampton, exclusive of the Hamlet of Woodend, in the said Parish;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wall's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower John Wall the Grandfather, and Mary Wall the Guardian, of Anna Maria Wall an Infant, to execute Articles, Leases, or Grants, for giving Liberty to drive a Sough through an Estate called Cowley Estate, in the Parishes of Darley and Youlgreave, in the County of Derby, descended to, and now vested in, the said Anna Maria Wall."

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

Their Lordships, or any Five of them; to meet on Wednesday the 21st Day of this Instant May, at the usual Time and Place; and to adjourn as they please.

Qualification of Members, of H. C. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enforce and render more effectual the Laws relating to the Qualification of Members to sit in the House of Commons."

Walton Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the enclosing and dividing divers Parcels of Commons and Waste Grounds, lying and being in the several Townships of Walton on the Hill and Fazakerley, in the Parish of Walton on the Hill aforesaid, and County Palatine of Lancaster."

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

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

Pensylvania Land Company, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Estates in Pensylvania, New Jersey, and Maryland, belonging to the Proprietors of a Partnership, commonly called The Pensylvania Land Company in London, in Trustees, to be sold; and for other Purposes therein mentioned."

Coddington Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, and other Commonable Lands and Grounds, in the Parish of Coddington, in the County of Nottingham."

Teatt against Strong, in Error.

Counsel were called in, to be heard, to argue the Errors assigned upon the Writ of Error brought into this House the 5th Day of March last, wherein Ralph Teatt, on several Demises of Arthur Mervyn Esquire and others, is Plaintiff, and James Strong Clerk Defendant; in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, reversing a Judgement of the Court of King's Bench in Ireland.

And the Counsel for the Plaintiff having been fully heard:

They were all directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause which stands appointed for To-morrow be put off to Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hinckle Commo, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Open and Common Fields of Hinckley, in the County of Leicester;" was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Clifton Cmmon, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing certain Lands, in the Parish of Clifton, in the County of Nottingham;" to which they desire the Concurrence of this House.

Aspley Guise Common, Bill.

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

With a Bill, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, Lammas Grounds, and other Common and Waste Lands, in the Manor and Parish of Aspley Guise, in the County of Bedford;" to which they desire the Concurrence of this House.

Enrolmert of Deeds, &c. by Papists, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers."

After some Time, the House was resumed.

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

Pensylvania Land Company, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates in Pensylvania, New Jersey, and Maryland, belonging to the Proprietors of a Partnership commonly called The Pensylvania Land Company in London, in Trustees, to be sold; and for other Purposes therein mentioned."

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

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

Teatt against Strong, in Error:

Counsel (according to Order) were called in, to be further heard, to argue the Errors assigned upon the Writ of Error wherein Ralph Teatt, on several Demises of Arthur Mervyn Esquire and others, is Plaintiff, and James Strong Clerk Defendant.

And the Counsel for the said Defendant having been fully heard:

As also One Counsel for the Plaintiff, by Way of Reply:

They were all directed to withdraw.

Then it was proposed, "That the following Question be put to the Judges; (videlicet,)

"Whether, according to the true Construction of the Will of Mr. Audley Mervyn the Father, the Reversion in Fee of his settled Estate passed by the Devise in his said Will?"

And the same being agreed to:

The said Question was accordingly put to the Judges.

And the Lord Chief Baron of the Court of Exchequer, having conferred with the rest of the Judges present, delivered their unanimous Opinion, "That the Reversion in Fee of the said Testator's settled Estate did not pass by the Devise in his said Will."

Whereupon the following Order and Judgement was made:

Judgement.

"After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon the Writ of Error brought into this House the 5th Day of March last, wherein Ralph Teatt, on several Demises of Arthur Mervyn Esquire and others, is Plaintiff, and James Strong Clerk Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, reversing a Judgement of the Court of King's Bench in Ireland; and hearing the unanimous Opinion of the Judges present, upon a Question of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement of the Court of King's Bench in England, reversing the Judgement of the Court of King's Bench in Ireland, be, and the same is hereby, affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House; And it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds, for his Costs in this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows; (videlicet,)

"On which Day, before the same Court of Parliament at Westminster, come as well the said Ralph Teatt as the said James Strong, in their proper Persons; but, because the Court of Parliament aforesaid now here are not yet advised to give their Judgement of and upon the Premises; Day therefore is given, as well to the said Ralph Teatt as to the said James Strong, before the same Court of Parliament, until Wednesday the Seventh Day of May next ensuing, wheresoever &c. to hear their Judgement thereon, because the Court of Parliament aforesaid (fn. 1) here thereof not yet &c.; on which Day, before the same Court of Parliament at Westminster, come as well the said Ralph Teatt as the said James Strong, in their proper Persons; whereupon, all and singular the Premises being seen, and by the Court of Parliament aforesaid now here more fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereon given in the said Court of King's Bench at Westminster, as the said Causes and Matters by the said Ralph Teatt above assigned for Error, being diligently examined and inspected, and mature Deliberation being thereon had; it seems to the Court of Parliament aforesaid now here, that there is not any Error in the Record and Proceedings aforesaid, in giving the Judgement aforesaid in the Court of King's Bench at Westminster; and that the said Record of the said Judgement given in the said Court of King's Bench at Westminster is in no wise vicious or defective: Therefore it is considered by the Court of Parliament aforesaid, that the Judgement aforesaid, given in the said Court of King's Bench at Westminster, for the reversing the said Judgement given in the said Court of King's Bench in Ireland, be in all Things affirmed, and in full Force and Effect, the said Causes and Matters by the said Ralph Teatt above for Error assigned in any wise notwithstanding: And it is further considered by the Court of Parliament aforesaid now here, that the said James Strong do recover against the said Ralph Teatt Ten Pounds, to the same James Strong, with his Assent, by the Court of Parliament aforesaid, according to the Form of the Statute thereof made and provided, adjudged for his Damages, Costs, and Charges, which he hath sustained by reason of the Delay of the Execution of the said Judgement given in the said Court of King's Bench at Westminster, by Pretence of prosecuting of the said Writ of Error in the said Court of Parliament; and thereupon the Record aforesaid, as also the Proceedings aforesaid in the same Court of Parliament in the Premises had, by the same Court of Parliament, to the Court of the said Lord the King, before the King Himself, wheresoever He shall be in England, are remitted, &c."

Ld. Bruce's Privilege; Complaint against Street & al. for cotting Trees, referred to Committee.

Complaint was made to the House, of a Breach of Privilege committed against the Lord Bruce, by Richard Street Clerk and James Wright his Nephew, on Tuesday the 15th of April last, in causing several Trees to be cut down and carried away, in the Night-time, from the Waste of his Lordship's Borough of Great Bedwin, in the County of Wilts, which had been marked by his Bailiff to be cut down for his Lordship's Use.

Ordered, That the Matter of the said Complaint be referred to the Consideration of the Lords Committees for Privileges; whose Lordships are to meet on Monday next, at the usual Time and Place; and that the said Richard Street and James Wright do then attend the said Committee.

Bristol Bridge, &c. Bill.

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

With a Bill, intituled, "An Act for re-building, widening, and enlarging, the Bridge over the River Avon, in the City of Bristol, and erecting a temporary Bridge adjoining; and for widening the Streets, Lanes, Ways, and Passages, leading thereto; and for building another Bridge over some other Part of the said River within the said City, if necessary; and for opening proper Ways and Passages thereto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Leed Bridge, Bill.

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

With a Bill, intituled, "An Act for raising Money for finishing and completing the Repair of Leeds Bridge, in the County of York; and for the purchasing and taking down the Houses and Buildings which straiten and obstruct the Passage to and over the said Bridge;" to which they desire the Concurrence of this House.

Commissioners ofinnexed F feited Eates, Report delivered.

The House being informed, "That Mr. Rowe from the Treasury attended:

He was called in; and delivered, at the Bar,

"14th March 1760. Copy of the Report of the Commissioners and Trustees, for managing the annexed forfeited Estates in Scotland, to the Lords Commissioners of His Majesty's Treasury, which by an Act of the Twenty-fifth Year of His Majesty's Reign, is directed to be laid before both Houses of Parliament."

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.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Enrolment of Deeds, &c. by Papists, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers."

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. Burroughs and Mr. Edwards:

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

Bristol Bridge &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for re-building, widening, and enlarging, the Bridge over the River Avon, in the City of Bristol, and erecting a temporary Bridge adjoining; and for widening the Streets, Lanes; Ways, and Passages, leading thereto; and for building another Bridge over some other Part of the said River within the said City, if necessary, and for opening proper Ways and Passages thereto."

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

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

Brecon Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Town of Brecon to the Parish of Brobury, and to Whitney Passage in the County of Hereford; and for building a Bridge over the River Wye, at Bredwardine Passage in the same County."

Aspley Guise Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, Lammas Grounds, and other Common and Waste Grounds, in the Manor and Parish of Aspley Guise, in the County of Bedford."

Hinckley Common, Bill:

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

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

It was Resolved in the Affirmative.

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

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

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

Clifton Common, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Lands in the Parish of Clifton, in the County of Nottingham."

Leeds Bridge, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for raising Money for finishing and completing the Repair of Leeds Bridge, in the County of York; and for purchasing and taking down the Houses and Buildings which straiten and obstruct the Passage to and over the said Bridge."

Wall's Bill; Motion to shorten the Time of Meeting of the Committee.

The House being moved, "That the Standing Order of this House, requiring Fourteen Days Notice of the Meeting of Committees upon Private Bills, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act to empower John Wall the Grandfather, and Mary Wall the Guardian, of Anna Maria Wall, an Infant, to execute Articles, Leases, or Grants, for giving Liberty to drive a Sough through an Estate called Cowley Estate, in the Parishes of Darley and Youlgreave, in the County of Derby, descended to, and now vested in the said Anna Maria Wall," stands committed, may meet on an earlier Day than is appointed, in regard of the approaching Conclusion of the Session:"

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Qualification of Members of H. C. Bill.

Ordered, That the Bill to enforce and render more effectual the Laws relating to the Qualification of Members to sit in the House of Commons be printed.

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux York.

PRAYERS.

Corbet & al. against Jardine & al.

The Answer of John Jardine and others, to the Appeal of James Corbet pretended Provost, and others the pretended Magistrates, of the Borough of Dumfries, and others, was brought in.

Sale of Fish, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to repeal so much of an Act passed in the Twenty-ninth Year of His present Majesty's Reign, concerning a free Market for Fish at Westminster, as requires Fishermen to enter their Fishing Vessels at the Office of the Searcher of the Customs at Gravesend; and to regulate the Sale of Fish at the First Hand in the Fish Markets in London and Westminster; and to prevent Salesmen of Fish buying Fish to sell again on their own Account; and to allow Bret, Turbot, Brill, and Pearl, although under the respective Dimensions mentioned in a former Act, to be imported and sold; and to punish Persons who shall take or sell any Spawn, Brood, or Fry of Fish, unsizeable Fish, or Fish out of Season, or Smelts under the Size of Five Inches; and for other Purposes," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and made several Amendments thereto:"

And the House being informed, "That some other Amendments may be necessary to be made to the said Bill:"

Ordered, That the said Bill be re-committed to the Consideration of the same Committee:

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

Courts Baron in the High Peak, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for regulating the Proceedings in Personal Actions in the respective Courts Baron of the Hundred of High Peak and Manor of Castleton, in the County of Derby," 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."

Abergavenny School and Poor, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Inheritance of the Rectory and Tithes of Bedgeworth, granted by King Henry the Eighth to the late dissolved Corporation of Bergavenny, and by them leased to Jesus College in Oxford, towards maintaining a Fellow and Scholars from Bergavenny School; and for vesting other Rectories and Tithes in the County of Monmouth, granted by the said King Henry to the said Corporation, in Trustees, for supporting the said School, and for Relief of the Poor of the said Town," was 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."

Leeds Bridge, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising Money for finishing and completing the Repair of Leeds Bridge, in the County of York; and for the purchasing and taking down the Houses and Buildings which straiten and obstruct the Passage to and over the said Bridge."

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

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

Aspley Guise Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields, Common Meadows, Lammas Grounds, and other Common and Waste Lands, in the Manor and Parish of Aspley Guise, in the County of (fn. 3) Bedford."

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

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

Wall's Bill; Time of meeting of the Committee shortened.

The Order of the Day was read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees upon Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to empower John Wall the Grandfather, and Mary Wall the Guardian, of Anna Maria Wall, an Infant, to execute Articles, Leases, or Grants, for giving Liberty to drive a Sough through an Estate called Cowley Estate, in the Parishes of Darley and Youlgreave, in the County of Derby, descended to, and now vested in, the said Anna Maria Wall," stands Committed, may meet on an earlier Day than is appointed, in regard of the approaching Conclusion of the Session."

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with, as that the Committee may meet, to consider the said Bill, on Tuesday next.

D. of York introduced:

His Royal Highness Prince Edward Augustus, being, by Letters Patent bearing Date the First Day of April, in the Thirty-third Year of His Majesty's Reign, created Duke of York and of Albany, was this Day, in his Robes, introduced, between the Duke of Rutland Lord Steward of His Majesty's Household, and the Duke of Devonshire Lord Chamberlain of His Majesty's Household (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal, and the Earl of Guilford who officiated as Lord Great Chamberlain of England, preceding.

His Royal Highness, standing, presented his Patent to the Lord Keeper, at the Woolsack, who delivered it to the Clerk:

And the same was read at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Dearly-beloved Grandson Edward Augustus Duke of York and of Albany, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be Personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wife omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the First Day of April, in the Thirty-third Year of Our Reign.

"Yorke & Yorke."

Which done; his Royal Highness, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed in a Seat prepared for him on the Left Hand of the Cloth of Estate.

Dartford and Gravesend Road, Bill.

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

With a Bill, intituled, "An Act for rendering more effectual several Acts passed in the Tenth Year of Her late Majesty Queen Anne, in the Eleventh Year of His late Majesty King George the First, and in the Eleventh Year of His present Majesty, for enlarging, amending, and maintaining, the Road from Dartford to Northfleet and Gravesend, and from Gravesend to Chalk, and from Northfleet to Chalk, and from thence to the Stones End near the Parish Church of Strood;" to which they desire the Concurrence of this House.

Frisby Common, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Frisby upon the Wreak, in the County of Leicester;" to which they desire the Concurrence of this House.

Catton Common, Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing several Open Fields, Commons, or Wastes, and Common Meadow Grounds, within the Manor and Soke of Catton, in the County of York:" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

Message from His Majesty:

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Keeper, and is as follows:

"GEORGE R.

"His Majesty, considering that sudden Emergencies may arise, which may be of the utmost Importance, and be attended with the most pernicions Consequences, if proper Means should not be immediately applied to prevent or defeat them; His Majesty relies on the Zeal and Affection of the House of Lords, which He has so often experienced, to strengthen His Hands on this Occasion; and hopes He shall have their Concurrence and Support in all such Measures as His Majesty shall judge necessary or proper to take, in order to defeat any Enterprizes or Designs of His Enemies, and as the Exigency of Affairs may require.

"G. R."

Address there upon.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and to express our grateful Sense of His Majesty's Royal Wisdom and Paternal Care, to be prepared against any Emergencies that in the present Posture of Affairs may happen to arise; and to give His Majesty the strongest Assurances, that this House will zealously and chearfully support Him in taking all such Measures as may conduce most effectually to frustrate and defeat the Designs or Enterprizes of His Enemies, and as the Exigency of Affairs in this most critical Conjuncture may require."

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

Coddington Common, Bill; His Majesty's Consent signified:

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Meadows, and other Commonable Lands and Grounds, in the Parish of Coddington, in the County of Nottingham," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

And to Clifton Common, Bill.

The Earl of Holdernesse also acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing certain Lands in the Parish of Clifton, in the County of Nottingham," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

Blakesly Common, Bill; His Majesty's Consent signified.

The Earl of Holdernesse also acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, and Common Grounds, in the Parish of Blackesley, in the County of Northampton, exclusive of the Hamlet of Woodend in the said Parish," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."

To allow further Time to quality for Offices, Bill.

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

With a Bill, intituled, "An Act to indemnify Persons, who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, and others, who have omitted to register or to deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hawtrey against Daniel & al.;

After hearing Counsel, upon the Petition and Appeal of the Reverend Ralph Hawtrey Clerk, Master of Arts, Vicar of the Parish of Killcolum otherwise Kilcobin, in the Diocese of Ossory and County of Kilkenny in the Kingdom of Ireland; complaining of a Decretal Order of the Court of Chancery in the said Kingdom, of the 25th of January 1759; and praying, "That the same might be reversed and set aside; or that the Appellant might have such other Relief in the Premises as the Nature and Circumstances of the Case might require:" As also upon the joint and several Answer of Cassandra Daniel Widow, John Digby Esquire and Infant, by Simon Digby Esquire his Guardian, Cassandra M^c Naughton, an Infant, by the said Cassandra Daniel her Guardian, Sydnam Snow and Robert Snow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes