House of Lords Journal Volume 36
April 1783 11-20

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History of Parliament Trust

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1767-1830

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642-658

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'House of Lords Journal Volume 36: April 1783 11-20', Journal of the House of Lords volume 36: 1779-1783 (1767-1830), pp. 642-658. URL: http://british-history.ac.uk/report.aspx?compid=116725 Date accessed: 28 July 2014.


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April 1783 11-20

DIE Veneris, 11o Aprilis 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Bath. & Wells.
Epus. Roffen.
Epus. Exon.
Epus. Lincoln.
Epus. Meneven.
Epus. Landaven.
Viscount Stormont, Præses.
Dux Richmond.
Dux Beaufort.
Dux Rutland.
Dux Queensberry.
Dux Atholl.
Dux Portland.
Dux Chandos.
Comes Dartmouth, Senescallus.
Comes Denbigh.
Comes Westmorland.
Comes Cassillis.
Comes Abercorn.
Comes Lauderdale.
Comes Ferrers.
Comes Gower.
Comes Radnor.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Viscount Montague.
Viscount Sackville.
Ds. Willoughby Br.
Ds. Osborne.
Ds. Chedworth.
Ds. Walpole.
Ds. Scarsdale.
Ds. Cardiff.
Ds. Thurlow.
Ds. Bagot.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Church Lench Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the Parish of Church Lench, in the County of Worcester;" to which they desire the Concurrence of this House.

Staunton Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing, enclosing and improving a certain Common or Waste Ground within the Parish of Staunton-upon-Wye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish;" to which they desire the Concurrence of this House.

Lambeth Poor Bill.

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

With a Bill, intituled, "An Act for ascertaining and collecting the Poor's Rate, and for better regulating the Poor in the Parish of Saint Mary, Lambeth, in the County of Surrey; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

Burton Hastings Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing, allotting and enclosing the Open Fields, Meadows, Pastures, Commons and Commonable Places in the Parish of Burton Hastings, in the County of Warwick;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

Newnham Road Bill.

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

With a Bill, intituled, "An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham, in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's adjoining His Majesty's Forest of Dean, in the said County;" to which they desire the Concurrence of this House.

Mutiny Act to continue Bill.

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

With a Bill, intituled, "An Act for continuing an Act made in this Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," so far as the same relates to the Realm of Great Britain;" to which they desire the Concurrence of this House.

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

Forehoe Poor Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for rendering effectual an Act made in the Sixteenth Year of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk," 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."

Rotherhithe Paving Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for better paving, cleansing, lighting and watching the Streets, Lanes, Yards, Courts, Alleys and Passages within the Parish of Saint Mary at Rotherhithe, otherwise Redriffe, in the County of Surrey; and for removing and preventing Nuisances and Annoyances therein," was committed.

Ruther's Naturalization Bill.

The Lord Scarsdale also made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Christian Hinrich Ruther," was committed.

Ordered, That the said Bill be engrossed.

Markfield Road Bill.

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

With a Bill, intituled, "An Act to revive and render more effectual an Act passed in the Thirtieth Year of the Reign of His late Majesty King George the Second, for repairing the Road from Markfield Turnpike, in the County of Leicester, over Charley, otherwise Charnwood Forest, through the Town of Whitwick; and from thence through Talbot Lane to where the Road leading from the Town of Loughborough, to the Town of Ashby-de-la-Zouch, in the said County, comes in from Ryley Lane, near to a Place called Snape Gate;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Trent and Mersey Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and render more effectual several Acts passed in the Sixth, Tenth, Fifteenth and Sixteenth Years of the Reign of His present Majesty, for making a navigable Canal from the Trent to the Mersey, and a Branch from the said Canal to Froghall; and a Railway from thence to or near Caldon, in the County of Stafford."

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

Ld. President.
D. Richmond.
D. Beaufort.
D. Rutland.
D. Queensberry.
D. Atholl.
D. Portland.
D. Chandos.
Ld. Steward.
E. Denbigh.
E. Westmorland.
E. Cassillis.
E. Abercorn.
E. Lauderdale.
E. Ferrers.
E. Gower.
E. Radnor.
E. Bathurst.
E. Clarendon.
E. Mansfield.
V. Montague.
V. Sackville.
L. Abp. York.
L. Bp. Bath & Wells.
L. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. St. David's.
L. Bp. Landaff.
L. Willoughby Br.
L. Osborne.
L. Chedworth.
L. Walpole.
L. Scarsdale.
L. Cardiff.
L. Thurlow.
L. Bagot.
L. Sydney.

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

Sir W. Abdy's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir William Abdy Baronet, to grant Leases of his Estate at Horsey Down, in the County of Surrey."

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

Their Lordships, or any Five of them, to meet on Tuesday the 6th Day of May next, at the usual Time and Place; and to adjourn as they please.

Sandon Bill.

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

With a Bill, intituled, "An Act to enlarge the Term His present Majesty's Reign, for repairing, widening and altering the Road from Sandon, in the County of Stafford, to Bullock Smithy, in the County of Chester; and from Hilderstone to Draycott in the Moors; and from Wetley Rooks to Tean, in the said County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Coleman et al. Petition for further Time for Judges Report.

Upon reading the Petition of Elizabeth Coleman on Behalf of herself, and Jonathan Power Gilpin Esquire and others; setting forth, "That the Petitioners have, in this Session of Parliament, presented a Petition to their Lordships for a Bill to confirm and establish Articles of Agreement for a Partition of certain Estates; and that the said Petition was referred by their Lordships to Two Judges to consider and report; that the Petitioners have attended the Judges for the Purpose aforesaid, but certain Difficulties having arisen, which were not foreseen by the Petitioner's Agent, that delayed the final Settling thereof beyond the Time fixed by their Lordships for receiving Reports from the Judges;" the Petitioners therefore humbly pray their Lordships, "That in Consideration of the Circumstances above stated, further Time may be allowed to the Judges to make their Report on the said Petition:"

It is Ordered, That in Consideration of the Circumstances above stated, further Time be allowed the Judges to make their Report on the said Petition.

Irish Judicature Bill.

Moved, "That the Bill, intituled, "An Act for removing and preventing all Doubts which have arisen, or might arise, concerning the exclusive Rights of the Parliament and Courts of Ireland in Matters of Legislation and Judicature; and for preventing any Writ of Error or Appeal from any of His Majesty's Courts in that Kingdom, from being received, heard and adjudged in any of His Majesty's Courts in the Kingdom of Great Britain;" be read a Second Time on Monday next; and the Lords summoned."

The same was agreed to, and ordered accordingly.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 14o Aprilis 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Winton.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Petriburg.
Epus. Eliens.
Epus. Roffen.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Lincoln.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Landaven.
Dux Cumberland.
Viscount Stormont, Præses.
Comes Carlisle,C.P.S.
Dux Richmond.
Dux Beaufort.
Dux Devonshire.
Dux Queensberry.
Dux Atholl.
Dux Portland.
Dux Manchester.
Dux Chandos.
Comes Dartmouth, Senescallus.
Comes Derby.
Comes Suffolk & Berkshire.
Comes Salisbury.
Comes Exeter.
Comes Denbigh.
Comes Stamford.
Comes Sandwich.
Comes Abingdon.
Comes Rochford.
Comes Cholmondeley.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Aberdeen.
Comes Dunmore.
Comes Ferrers.
Comes Aylesford.
Comes Sussex.
Comes Kerr.
Comes Waldegrave.
Comes Effingham.
Comes Gower.
Comes Fitzwilliam.
Comes Cornwallis.
Comes Northington.
Comes Radnor.
Comes Chatham.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Maynard.
Viscount Hampden.
Viscount Sackville.
Viscount Howe.
Viscount Keppel.
Ds. Abergavenny.
Ds. De Ferrars.
Ds. Paget.
Ds. Say & Sele.
Ds. Osborne.
Ds. Boyle.
Ds. Middleton.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Grantham.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Sundridge.
Ds. Cardiff.
Ds. Hawke.
Ds. Brownlow.
Ds. Harrowby.
Ds. Foley.
Ds. Thurlow.
Ds. Loughborough.
Ds. Gage.
Ds. Walsingham.
Ds. Bagot.
Ds. Southampton.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Trent and Mersey Navigation Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to amend and render more effectual several Acts passed in the Sixth, Tenth, Fifteenth and Sixteenth Years of the Reign of His present Majesty, for making a Navigable Canal from the Trent to the Mersey, and a Branch from the said Canal to Froghall, and a Railway from thence to or near Caldon, in the County of Stafford," 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."

Newnham Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham, in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's, adjoining His Majesty's Forest of Dean in the said County."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Beaufort.
D. Devonshire.
D. Queensberry.
D. Atholl.
D. Portland.
D. Manchester.
D. Chandos.
Ld. Steward.
E. Derby.
E. Suffolk & Berkshire.
E. Salisbury.
E. Exeter.
E. Denbigh.
E. Stamford.
E. Sandwich.
E. Abingdon.
E. Rochford.
E. Cholmondeley.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Lauderdale.
E. Aberdeen.
E. Dunmore.
E. Ferrers.
E. Aylesford.
E. Sussex.
E. Kerr.
E. Waldegrave.
E. Effingham.
E. Gower.
E. Fitzwilliam.
E. Cornwallis.
E. Northington.
E. Radnor.
E. Chatham.
E. Bathurst.
E. Clarendon.
E. Mansfield.
V. Hereford.
V. Montague.
V. Townshend.
V. Weymouth.
V. Falmouth.
V. Wentworth.
V. Dudley & Ward.
V. Maynard.
V. Hampden.
V. Sackville.
V. Howe.
V. Keppel.
L. Abp. York.
L. Bp. Winchester.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Peterborough.
L. Bp. Ely.
L. Bp. Rochester.
L. Bp. Bangor.
L. Bp. Chester.
L. Bp. Oxford.
L. Bp. Exeter.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Bp. Gloucester.
L. Bp. Landaff.
L. Abergavenny.
L. De Ferrars.
L. Paget.
L. Say & Sele.
L. Osborne.
L. Boyle.
L. Middleton.
L. King.
L. Chedworth.
L. Sandys.
L. Ravensworth.
L. Ponsonby.
L. Walpole.
L. Grantham.
L. Grosvenor.
L. Scarsdale.
L. Boston.
L. Sundridge.
L. Cardiff.
L. Hawke.
L. Brownlow.
L. Harrowby.
L. Foley.
L. Thurlow.
L. Loughborough.
L. Gage.
L. Walsingham.
L. Bagot.
L. Southampton.
L. Sydney.

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

Mutiny Act continuing Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing an Act, made in this Session of Parliament, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," so far as the same relates to the Realm of Great Britain."

Ordered, That the said Bill be read the Third Time To-morrow.

Lambeth Poor Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for ascertaining and collecting the Poors Rate, and for better regulating the Poor in the Parish of Saint Mary, Lambeth, in the County of Surrey; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Church Lench Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Land within the Parish of Church Lench, in the County of Worcester."

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

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

Markfield Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to revive and render more effectual an Act, passed in the Thirtieth Year of the Reign of His late Majesty King George the Second, for repairing the Road from Markfield Turnpike, in the County of Leicester, over Charley otherwise Charnwood Forest, through the Town of Whitwick, and from thence through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch, in the said County, comes in from Ryley Lane, near to a Place called Snape Gate."

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 next, at the usual Time and Place; and to adjourn as they please.

Sandon, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Second Year of His present Majesty's Reign, for repairing, widening and altering the Road from Sandon, in the County of Stafford, to Bullock Smithy, in the County of Chester, and from Hilderstone to Draycott in the Moors, and from Wetley Rocks to Tean, in the said County of Stafford."

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

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Staunton Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, enclosing and improving a certain Common or Waste Ground within the Parish of Staunton upon Wye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish."

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

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

Luther's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Settled Estates of John Luther Esquire, in the County of Southampton, in the said John Luther, in Fee Simple; and for settling an Estate of greater Value in lieu thereof."

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

Their Lordships, or any Five of them, to meet on the Third Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Ruther's Naturalization Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Christian Hinrich Ruther."

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

It was resolved in the Affirmative.

Message to to H. C. with it.

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

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

Forehoe Poor Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for rendering effectual an Act, made in the Sixteenth Year of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk."

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

It was resolved in the Affirmative.

Rotherhithe Paving Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better paving, cleansing, lighting and watching the Streets, Lanes, Yards, Courts, Alleys and Passages within the Parish of Saint Mary at Rotherhithe, otherwise Redriffe, in the County of Surrey; and for removing and preventing Nuisances and Annoyances therein."

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

It was resolved in the Affirmative.

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

And Messages were, severally, 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.

D. Atholl's Estate Bill specially reported.

The Lord Scarsdale reported from the Lords Committees appointed to consider of a Bill, intituled, "An Act to confirm certain Articles of Agreement made between the most Noble John Duke of Atholl, the Right Honourable Edward Earl of Derby, the Right Reverend George Lord Bishop of Sodor and Mann, the Reverend William Mylrea Archdeacon of the Isle of Mann, and the Clergy of the said Isle; and for other Purposes:"

That in Obedience to their Lordships Order of Reference, the Committee had met and considered the Matter to them referred, and had examined the Allegations of the Bill, and found the same to be true; that his Grace the Duke of Atholl, the Right Honourable the Earl of Derby, on Behalf of himself, and also on Behalf of the Right Honourable Edward Stanley, commonly called Lord Stanley, his Infant Son, the Right Reverend George Lord Bishop of Sodor and Mann, on Behalf of himself and his Successors, the Reverend William Mylrea Archdeacon of the Isle of Mann, on Behalf of himself and his Successors; and the said Lord Bishop, on Behalf of all the Clergy of the said Isle, and their Successors, appeared personally before the Committee, and prayed the passing of the Bill; and that one of the Witnesses proved also the signing the Petition for the Bill by all the Clergy of the said Isle, on Behalf of themselves and their Successors:

That the Committee had gone through the Bill, and had made some Amendments thereto:

That the Object of the Bill being to exonerate a Part of the Earl of Derby's Estates from an annual Payment of £.219 7 10 1/2 to the Clergy of the Isle of Mann, on Payment of the Sum of £.7000 by his Lordship for that Purpose; and also to augment the Revenues of the Clergy of the said Island, the Committee examined a Witness upon that Point, who gave it as his Opinion, that the Sum of £.7000 is a full and adequate Price for the said annual Payment, and that if the same were to be laid out in the Purchase of Lands at 4½ per Centum in the Isle of Mann, it would improve the Revenues of the Clergy about £.100 per Annum. But as he was also of Opinion that it may be some Time before such a Purchase can be obtained wherein to invest the Money, the Committee are apprehensive that the Clergy of the Island may suffer in the mean while, as the said annual Payment makes a considerable Part of their Support; for which Reason the Committee are doubtful whether it will be expedient that the said Bill should pass into a Law; but beg Leave to submit to their Lordships, whether in this particular Case it may not be proper that the Standing Order No. 126. concerning Bills for selling Lands, and settling others in Lieu thereof, should be dispensed with."

Then it was moved, "That the Standing Order of this House, No. 126 concerning Bills for selling Lands in one Place and buying Lands in another Place to be settled in lieu theerof, may be so far dispensed with, as that the Committee to whom the last mentioned Bill stands committed, may proceed on the said Bill, notwithstanding the said Order should not be complied with."

Motion to consider Standing Order No. 126 To-morrow, rejected.

Moved, "That the said Standing Order be taken into Consideration To-morrow; and the Lords summoned."

The Question was put thereupon?

It was resolved in the Negative.

Consideration of Report put off.

Ordered, That the said Report be taken into Consideration on this Day Two Months.

Trent Navigation Bill.

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

With a Bill, intituled, "An Act for empowering Persons navigating Vessels upon the River Trent between a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, and the Town of Burton upon Trent, in the County of Stafford, to hale the same with Horses;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Irish Judicature Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act for removing and preventing all Doubts which have arisen or might arise, concerning the exclusive Rights of the Parliament and Courts of Ireland, in Matters of Legislation and Judicature; and for preventing any Writ of Error or Appeal from any of His Majesty's Courts in that Kingdom from being received, heard and adjudged in any of His Majesty's Courts in the Kingdom of Great Britain;" and for the Lords to be summoned.

The said Bill was accordingly read a Second Time.

Moved, " To commit the Bill:"

Which being objected to;

After Debate,

The Question was put thereupon ?

It was resolved in the Affirmative.

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.

American Trade Bill.

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

With a Bill, intituled, "An Act to repeal so much of Two Acts made in the Sixteenth and Seventeenth Years of the Reign of His present Majesty, as prohibits Trade and Intercourse with the United States of America;" to which they desire the Concurrence of this House.

Tetbury, &c. Road Bill.

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

With a Bill, intituled, "An Act for compleating and keeping in Repair the Road from the Ram Inn in the Town of Cirencester, in the County of Gloucester, through the Town of Tetbury, to Oldfield, otherwise Woefield Corner, near the Sixteenth Mile Stone in the Bath Road; and a Road from thence through the Parishes of Cold Ashton and Swanswick, to or near Lambridge in the Parish of Bath Easton near the City of Bath; and for continuing the present Road from the said Corner, to or near the Monument upon Lansdown, until the intended Road from the said Corner to or near Lambridge be made fit for travelling;" to which they desire the Concurrence of this House.

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

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quintum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 15o Aprilis 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Eliens.
Epus. Roffen.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Meneven.
Epus. Landaven.
Viscount Stormont, Præses.
Comes Carlisle, C.P.S.
Dux Beaufort.
Dux Atholl.
Dux Portland.
Dux Manchester.
Comes Derby.
Comes Suffolk & Berkshire.
Comes Salisbury.
Comes Exeter.
Comes Denbigh.
Comes Stamford.
Comes Sandwich.
Comes Essex.
Comes Cholmondeley.
Comes Eglintoun.
Comes Cassillis.
Comes Abercorn.
Comes Lauderdale.
Comes Aberdeen.
Comes Ferrers.
Comes Aylesford.
Comes Sussex.
Comes Waldegrave.
Comes De la Warr.
Comes Northington.
Comes Radnor.
Comes Bathurst.
Comes Clarendon.
Comes Mansfield.
Viscount Hereford.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Maynard.
Viscount Hampden.
Viscount Sackville.
Viscount Keppel.
Ds. De Ferrars.
Ds. Say & Sele.
Ds. Boyle.
Ds. King.
Ds. Talbot.
Ds. Montfort.
Ds. Chedworth.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Cardiff.
Ds. Hawke.
Ds. Brownlow.
Ds. Foley.
Ds. Thurlow.
Ds. Loughborough.
Ds. Brudenell.
Ds. Walsingham.
Ds. Bagot.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Bp. London against Fffytche in Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein the Right Reverend the Lord Bishop of London is Plaintiff, and Lewis Disney Fffytche Esquire is Defendant, which stands appointed for Friday the 2d of May next, be put off to Thursday the 8th Day of May next; and that the Judges do then attend.

Lambeth Poor Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for ascertaining and collecting the Poor's Rate, and for better regulating the Poor in the Parish of Saint Mary Lambeth, in the County of Surrey, 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."

Newnham Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham, in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's adjoining to His Majesty's Forest of Dean, in the said County," was committed.

Sandon Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act made in the Second Year of His present Majesty's Reign, for repairing, widening and altering the Road from Sandon, in the County of Stafford, to Bullock Smithy, in the County of Chester, and from Hilderstone to Draycott in the Moors, and from Wetley Rocks to Tean, in the said County of Stafford," was committed.

Stanton Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, enclosing, and improving a certain Common or Waste Ground, within the Parish of Staunton upon Wye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and 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."

Mutiny Act to continue Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act made in this Session of Parliament, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," so far as the same relates to the Realm of Great Britain."

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

It was resolved in the Affirmative.

Trent and Mersey Navigation Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to amend and render more effectual several Acts passed in the Sixth, Tenth, Fifteenth, and Sixteenth Years of the Reign of His present Majesty, for making a Navigable Canal from the Trent to the Mersey, and a Branch from the said Canal to Froghall, and a Railway from thence to or near Caldon, in the County of Stafford."

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

It was resolved in the Affirmative.

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

And Messages were, severally, sent to the House of Commons, by Mr. Hett and Mr. Thomson:

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

Trent Navigation Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Persons navigating Vessels upon the River Trent, between a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, and the Town of Burton upon Trent, in the County of Stafford, to hale the same with Horses."

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

Ld. President.
Ld. Privy Seal.
D. Beaufort.
D. Atholl.
D. Portland.
D. Manchester.
E. Derby.
E. Suffolk & Berkshire.
E. Salisbury.
E. Exeter.
E. Denbigh.
E. Stamford.
E. Sandwich.
E. Essex.
E. Cholmondeley.
E. Eglintoun.
E. Cassillis.
E. Abercorn.
E. Lauderdale.
E. Aberdeen.
E. Ferrers.
E. Aylesford.
E. Sussex.
E. Waldegrave.
E. De la Warr.
E. Northington.
E. Radnor.
E. Bathurst.
E. Clarendon.
E. Mansfield.
V. Hereford.
V. Montague.
V. Townshend.
V. Weymouth.
V. Maynard.
V. Hampden.
V. Sackville.
V. Keppel.
L. Bp. Winchester.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Ely.
L. Bp. Rochester.
L. Bp. Bangor.
L. Bp. Chester.
L. Bp. Oxford.
L. Bp. Exeter.
L. Bp. St. David's.
L. Bp. Landaff.
L. De Ferrars.
L. Say & Sele.
L. Boyle.
L. King.
L. Talbot.
L. Montfort.
L. Chedworth.
L. Sandys.
L. Ravensworth.
L. Ponsonby.
L. Walpole.
L. Grosvenor.
L. Scarsdale.
L. Cardiff.
L. Hawke.
L. Brownlow.
L. Foley.
L. Thurlow.
L. Loughborough.
L. Brudenell.
L. Walsingham.
L. Bagot.
L. Sydney.

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.

Tetbury, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for compleating and keeping in Repair the Road from the Ram Inn, in the Town of Cirencester, in the County of Gloucester, through the Town of Tetbury to Oldfield, otherwise Woefield Corner, near the Sixteenth Mile Stone in the Bath Road, and a Road from thence through the Parishes of Cold Ashton and Swanswick, to or near Lambridge, in the Parish of Bath Easton, near the City of Bath; and for continuing the present Road from the said Corner, to or near the Monument upon Lansdown, until the intended Road from the said Corner to or near Lambridge be made fit for travelling."

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

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

Irish Judicature Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for removing and preventing all Doubts which have arisen or might arise concerning the exclusive Rights of the Parliament and Courts of Ireland, in Matters of Legislation and Judicature, and for preventing any Writ of Error or Appeal, from any of His Majesty's Courts in that Kingdom from being received, heard, and adjudged in any of His Majesty's Courts in the Kingdom of Great Britain."

After some Time, the House was resumed:

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

American Trade Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to repeal so much of Two Acts made in the Sixteenth and Seventeenth Years of the Reign of His present Majesty, as prohibits Trade and Intercourse with the United States of America."

Ordered, That the said Bill be read the Third Time To-morrow.

Bayntun's Divorce Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Andrew Bayntun Esquire with Lady Maria Coventry his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for the Attendance of Mr. Johnston, the Reverend John Bayntun, and the Reverend Harry Bayntun:

The House was informed, "That the said Persons were attending, as ordered."

Whereupon, Mr. Johnston was called in, and desiring that the Two Mr. Bayntuns might not be permitted to be in the House during his Examination:

They were directed to withdraw.

Then the said Mr. Johnston acquainted the House, That he recollected that after Mr. Andrew Bayntun had desired Mr. Cooper to go to bed with Lady Maria, he said, that it was necessary to have a Divorce in order to preserve the Family Settlement of £.1,000 per Annum, assuring her that she should never want, and that while he lived and had a Shilling she should have half of it; this affected Lady Maria a good Deal, who acknowledged her Attachment to Mr. Cooper, and Mr. Cooper acknowledged his to Lady Maria; that Mr. Andrew Bayntun told Lady Maria that in order to accommodate Mr. Cooper he would pay all her Debts to that Day, though he did not know the Amount of them, and that after all was settled he would return her Dower, expressing a Concern that it would not maintain her with Mr. Cooper in the Stile she had lived with him; that she would want a Maid to wait on her, which Cooper could not afford, and further said, "It was to be understood that he would continue his Friendship to Cooper;" upon which they all shook Hands, each promising them their Visits and Friendship when once the Affair was settled. Mr. Andrew Bayntun said, "He felt great Relief, in every Thing being amicably settled, and that he had Reason to believe that Cooper would make Lady Maria a good Husband," at the same Time asking the Witness, "If Cooper would not forfeit his Honour if Cooper did not marry Lady Maria;" that about Eight or Nine o'Clock that Evening Mr. Andrew Bayntun set out for Spry (fn. 1) Park; that the Witness and Mr. John Bayntun were present at Supper; that Lady Maria Kissed Mr. Cooper for having promised to marry her, saying, "He was a Man of Honour;" that the same Evening the Huntsman brought a Note from Spry Park, the Contents of which were, "That it was inexpedient for Mr. Cooper to lay at Bromham that Night;" that Mr. Cooper understood that the Reason of it was to take off the Appearance of Collusion; that Mr. Cooper being told, "That he might have more Money when he wanted it, "he had wrote to Mr. Henry Bayntun for more; that Lady Maria was told, "She could not see Mr. Cooper again at Bromham;" that he understood this was done to destroy the Appearance of Collusion. Being asked, "Who told Lady Maria," said, "He cannot for certain say, but thinks it was Mr. Henry Bayntun;" that Lady Maria seemed to understand the Reason why she was not to see Mr. Cooper again at Bromham, and went to him to the Alehouse, and from thence went with him to Cumberwell; that the Witness went to Mr. Henry Bayntun's House in the Country."

Then the Witness was cross-examined as follows:

Q. "This was before you went to London?"

A. "Yes."

Q. "And you went to Mr. Henry Bayntun's own House?"

A. "Yes."

Q. "What was your Reason for going to Mr. Henry Bayntun's House?"

A. "We were at that Time upon the most cordial Footing, it was only a Visit of Friendship."

Q. "Who did you find there besides himself?"

A. "His Wife, and the Wife of Mr. John Bayntun."

Q. "Was it in their Presence that you had any Conversation with Mr. Henry Bayntun?"

A. "I think it was; but they were occasionally going in and out; but the Conversation originated while, I think, they were both present."

Q. "In what Room was that Conversation ?"

A. "In a little Parlour on the left Hand Side of the Passage next the Kitchen."

Q. "Then, except when the Ladies went out occasionally, they were present at the Conversation?"

A. "They were."

Q. "Relate the Conversation so far as it related to the Ten Guineas?"

A. "I said, it was a very extraordinary Conduct upon this Occasion, and I conceived Mr. Cooper still was in a Situation to defend himself; and that I held myself possessed of such Facts as would certainly mitigate if not altogether stop the Damages in the Court of King's Bench; and that as his Brother, I held myself bound in Honour and Duty to stand by him. Mr. Bayntun said, "What Circumstances could I bring?" I hinted at the Ten Guineas. I said, it was a very extraordinary Circumstance, the Ten Guineas being brought to Mr. Cooper at this very critical Time."

Q. "All that had passed before Mr. Bayntun asked you that Question, was you informing him that you thought yourself bound from Duty to your Relation to take Care that no Harm happened to him from the Circumstances of the Cause?"

A. "Yes."

Q. "That was all?"

A. "Yes."

Q. "And then what was the Question he put?"

A. "What was it I could found an Opinion upon of standing by him, or what Use it could be of to him."

Q. "Was it what Use you could be of to him, or what other Question?"

A. "In what Manner, from what Circumstances did I suppose I could give any Information that would be of Use to Mr. Cooper, that was the Light I understood it in."

Q. "What was your Answer?"

A. "I replied, the Circumstance of the Ten Guineas was a very singular one, which he seemed very much surprized to find I had got at—seemed surprized how I came to get at that. I said, "As I mean merely to take up this upon the Ground of Friendship to my Brother; I said, don't let it interrupt the good Understanding which subsists between you and I, Mr. Bayntun?" He said, "He would hold no Conversation with a Man who was going to oppose or do so great an Injury to his Family." I said, "I did not ask his Friendship as a Favour, but meant to act upon the Side of assisting my Brother, and I supposed he would mean to do the same to his; but don't let that involve us in a Quarrel." I soon after left his House. I went afterwards about my Annuity, which he took Care to get hold of and handle in a pretty Manner."

Q "Then nothing else passed from the Time of their going to Cumberwell till you came to his House but this?"

A. "No."

Q. "Considering the Conversation that passed on the Tuesday, what Harm was it to do your Brother if the Divorce did proceed?"

A. "I had no Idea at that Time about a Divorce, but the Idea of defending him against the Damages in the King's Bench."

Q. "That comes to the same Matter —then you did not imagine at that Time that a Divorce was intended?"

A. "I thought from what Mr. Andrew Bayntun himself said, that a Divorce would ensue after the Damages."

Q. "Did you understand that a Divorce was then intended?"

A. "Yes, from what Mr. Andrew Bayntun said, he imagined it was intended to have one."

Q. "Then you did not conceive the Divorce would do any Harm to your Brother?"

A "No."

Q. "Why did you think the Action would do him any Harm?"

A. "I thought that his not defending it at all, and he pleading that he had been received into his House, that the Damages would amount to so heavy a Sum as to ruin him; and I knew there were many Circumstances relative to his own Character, which might suffer extremely with the World from his own Dilatoriness; therefore, I had an Inducement to back him to defend himself, both on account of his Character and Fortune."

Q. "Now, as nothing had passed between the Tuesday and the Saturday upon the Subject, when did you first take up the Idea that the Bayntuns meant to prosecute him vindictively, and to ruin him?"

A. "Not till I heard that the Damages were laid at £.10,000."

Q. "When did you first hear that?"

A. "It was wrote down by Mr. Cooper's Attorney; I was at that Time in Dover. It was I think the February following."

Q. "Then you never had entertained any Notion of their meaning to prosecute him vindictively till you knew the Damages were laid at £.10,000?"

A. "I always had my Apprehensions they would be very rigid to him."

Q. "At what Day was it you took up the Notion that the Bayntuns meant to prosecute him vindictively to recover severe Damages of him to ruin him, as they might have done, and perhaps as they ought to have done?"

A. "Not till the Month of February."

Q. "You never heard it before?"

A. "No."

Q. "Then how came you upon the Saturday of the same Week when that Conversation happened, to go with all this Anxiety to deliver him from the Scrape of vindictive, of heavy Damages?"

A. "My Anxiety to put him upon his Guard, that he might defend himself."

Q. "Do I understand you right or do I not, that upon the Monday when they agreed to separate, and upon the Tuesday when in fact they did separate, that it was with shaking of Hands all round, and with great Instances on the Part of Mr. Bayntun that Lady Maria should be kindly treated by Mr. Cooper, and they would on the other Hand treat Mr. Cooper with great Kindness, and in Proportion to the Kindness shewn her, from that Conversation you certainly did not entertain any Idea that they meant to ruin him. When did you first get the Notion that they meant to ruin him?"

A. "I can scarce tell the Moment the Idea struck myself; but when the Attorney sent me down Word that the Damages were laid at £.10,000, I was convinced his Fortune was inadequate to that."

Q. "Then it was not upon the Idea that any Body told you so, but an Idea that struck yourself?"

A. "No."

Q. "Then you have no Circumstance upon which it arose, but singly upon the Knowledge of the Damages being laid at £.10,000?"

A. "My Anxiety and Fear that he would be ruined by those Damages if he did not defend himself, arose in my own Mind the first Week; but I did not know what the positive Charge of Damages against him was till some Time in the Month of February."

Q. "What gave you to imagine during the Space of the First Week that they had any such Intentions?"

A. "I cannot give an Account of the Rise of the Idea, farther than it was more my Fears for his Situation than any Circumstance."

Q. "In point of Fact, you had such Fears during the First Week?"

A. "Yes."

Q. "Then you who were in great Habits of Intimacy with Mr. Henry Bayntun; how came you not to go to converse with him upon this Circumstance, but only to go to him upon an accidental Visit?"

A. "I really can't say why I did not; but I certainly did not go there with a View to enquire particularly into that."

Q. "When you was there upon the Monday, you mentioned a Conversation in which the Bayntuns all undertook to behave kindly to her, and to him, provided he behaved kindly to her. What were either of them to do in Exchange for that Kindness? what were they to do in order to deserve so much Kindness?"

A. "I do not recollect any Promise made by Mr. Cooper, or Lady Maria to them, of any Thing, except that they had promised to marry one another; that Mr. Cooper would behave as a good Husband, and take Care of Lady Maria."

Q. "So the whole Conversation turned upon that Ground?"

A. "I cannot say whether it was in consequence of the Promise to marry one another or not."

Q. "What was it in consequence of?"

A. "I really can't say, but only that there was such Conversation?"

Q. "The first Thing that Mr. Bayntun said about that was, that it was necessary to get rid of the Settlement?"

A. "I have not said so, I think; he said it was necessary he should have a Divorce, on Account of the Settlements of his Family."

Q. "How did you understand that?"

A. "I really do not know the Settlement of Sir Edward Bayntun's Family."

Q. "What was his Aim? was it to get rid of the Settlements, to establish them, or what?"

A. "I don't conceive that to have been his View. I conceive, from his Expression, he meant it was necessary he should have a Divorce in order that he might have another Marriage; that was the Idea I conceived of it; but he did not say so himself; his Words were only, that it was necessary that he should have a Divorce on Account of the Settlements."

Q. "What Answer was made to that?"

A. "I don't recollect that any Answer was made to that; that was mentioned by Mr. Bayntun, but I don't recollect any Reply to it."

Q. "However, the same good Humour prevailed upon the Tuesday that had done upon the Monday (although they did not lay together) between Henry Bayntun and Cooper, who came and gave him the Ten Guineas?"

A. "Yes; the same good Understanding did prevail betwixt Mr. Henry Bayntun, Mr. Cooper, and Lady Maria?"

Q. "Did you ever give any Part of this Evidence at Doctors Commons?"

A. "No, I never was called upon; and when I wished to give the Evidence at the King's Bench, I was not called in."

Q. "I think you mentioned a Conversation you had at Mr. Henry Bayntun's, when there were present, you, Mr. Henry Bayntun, and the Wives of the Two Mr. Bayntuns; that was after the Thing had been discovered?"

A. "Yes, the Saturday following the Elopement?"

Q. "I think you had at that Time no Idea about a Divorce?"

A. "I did not know whether they were positively about a Divorce or not; I supposed it would naturally follow after the Progress in the King's Bench; and I had it only from Mr. Andrew Bayntun's own Words that the Divorce was wished for."

Q. "Your Expression was, that at the Time of this Conversation you had no Idea about a Divorce?"

A. "No, no further than from Mr. Andrew Bayntun's own Words."

Q. "You had no Idea that a Divorce was intended; I have so taken your Evidence down?"

A. "I had no other Idea of a Divorce; I knew nothing of the Affair myself; I had no Idea about the Defence of the Divorce, or any Thing of the Kind; my Wish to assist Mr. Cooper was at that Time merely on Account of the Damages."

Q. "That is not an Answer to my Question; my Question is, Whether you did in the former Part of your Evidence say, that you had then no Idea about a Divorce?"

A. "I had no Idea of my own; but from what I had heard Mr. Andrew Bayntun express, I cannot say it in any other Words than that."

Q. "Then how came you, after you had heard Mr. Cooper promise to marry her, and make her a good Husband; how came you not to have an Idea of a Divorce; how could Mr. Cooper marry her unless there was a Divorce; you must have an Idea of a Divorce after that?"

A. "No Doubt; from Mr. Andrew Bayntun's own Words; my Idea was always derived from that."

Q. "Then you had an Idea of a Divorce?"

A. "From Mr. Andrew Bayntun's own Words."

Q. "If there was to be a Divorce, who did you apprehend was to be the Occasion of that Divorce?"

A. "Mr. Andrew Bayntun; it was his own express Wish."

Q. "He was the Husband, was not he?"

A. "Yes."

Q. "My Question was, Who was the Cause or Occasion of it?"

A. "Mr. Cooper undoubtedly was the Cause of it."

Q. "You wished for a Divorce, though in all Probability it would ruin Mr. Cooper?"

A. "I never wished for a Divorce."

Q. "You were asked just now, Whether you had or had not opposed the Divorce in that Conversation on the Monday? You have told the House, that on Monday all the Parties seemed anxious for a Divorce; the Ring was given, and the Agreement was, that they should marry; and another more particular Circumstance still, that they should go to bed together, in order to be found in the Act of Adultery; did you, during the whole of that Conversation, make any Objection to the Thing proceeding to a Divorce?"

A. "No, never."

Q. "Then was you or not against the Divorce at the Time that Conversation was held?"

A. "My Mind was somehow or other otherways taken up in beholding the present Distress; I did not think about the Divorce at that Time."

Q. "You entered into the Conversation; you remember it in a sensible Manner; you formed an Opinion either one Way or the other about it; did you form an Opinion in favour of there being a Divorce, and Mr. Cooper and this Lady living together as Man and Wife, or did you wish that they should not live together in that Manner?"

A. "No, I had nothing to do with that; my only Wish was, that Mr. Cooper might not involve himself in Difficulties with her."

Q. "Did not you, together with every Body else that was in that Room, wish for a Divorce, and hold Conversation accordingly?"

A. "I made no Opposition to it at the Time; I did not say a Syllable one Way or the other."

Q. "The Question I ask is, Whether you did not support it ? whether the Conversation with every Body else that was in the Room was not, that it was a Thing desirable to happen to all the Parties?"

A. "I heard the Conversation, but I took no Part in it; I said nothing myself to it, to all that Mr. Andrew Bayntun had been saying; I was quite silent when Mr. Andrew Bayntun was speaking all the Time."

Q. "What was to happen to your Brother Mr. Cooper afterwards was to be the Question; if the Divorce was a prejudicial Thing to him it was your Business to say so; if it was not a prejudicial Thing to him it was your Business to agree to it; did you agree to it or oppose it?"

A. "I certainly did not oppose it, and I certainly did not agree to it, and I never gave my Consent to it."

Q. "You said there was some other Time you wanted to mention something about?"

A. "The historic Part of it before this took place. When Lady Maria asked who gave him Information of her being great with Mr. Cooper, he said he had received an anonymous Letter, when he was attending his Duty in Parliament, that all was not right at Home; that he came down, and found Mr. Cooper and Lady Maria were gone out in the Phaeton; that he was told they were gone to Speye (fn. 2) ; that he followed them to Speye Park; that they came in some Time after, the Horses were very hot; that he asked where they had been, for he had followed them to Speye Park, and they said they had just left Bramam House; that he said they had not, for he had been there Half an Hour; and they were much confused. I heard Mr. Bayntun say, that Mr. Constantine Foster had desired him by all Means to get Mr. Cooper out of the House; that was in the Month of July or August when he was on a Visit there. Mrs. Johnson, when we went there in the Month of September and in the Second or Third Week of October, Mrs. Johnson thought Appearances were very suspicious and unpleasant; and she told her Uncle she thought he never could be happy, for there were daily Quarrels now with Lady Maria and her Husband; and she thought they never could be happy while her Brother was in the House."

Q. "Was it intended if the Divorce should be had, that Mr. Cooper should marry her?"

A. "Certainly."

Q. "Did not you think Mr. Cooper would be benefited by marrying her if he had a good Maintenance with her?"

A. "No, I thought he would still be better without her. My Lord Deerhurst paid a Visit to Bramam in the First Week of November, and he told Mr. Andrew Bayntun at that Time, that he saw some Things highly imprudent, and desired him by all Means to get Mr. Cooper out of the House. I don't know what Mr. Andrew Bayntun's Answer was to that, but I have heard Lord Deerhurst since mention it. When I had the strongest Suspicion in my own Mind that there was a Criminal Connection between Mr. Cooper and Lady Maria, I went to the Reverend Henry Bayntun, and begged him to interfere with his Advice with Mr. Andrew Bayntun to get Mr. Cooper out of the House, in order to stop such Proceedings, his Answer to me was very laconic: He said, "Johnson, if my Brother will not believe what he daily sees before his Eyes, and what his own Father, Brothers, and Sisters have told him, he may remain the most contented Cuckold upon Earth; and Johnson, I would desire you not to engage in other People's Quarrels, for those that do, come off with Bloody Noses." I said, "If that was his Opinion, I should give myself no farther Trouble about it."

Q. "When was this?"

A. "I think in the Second or Third Week in November, previous to the Elopement, and Mr. Johnson's Information to Mr. Andrew Bayntun was, I think; about the Third Week in October; Lord Deerhurst's Information, desiring to get Mr. Cooper out of the House, was in the First Week of November, a Month or Two before the Elopement took place."

Q. "How came it about, that you never offered this Evidence at Doctor's Commons as well as here?"

A. "I never knew it was in Doctor's Commons; and so little did I know of the Divorce Bill, that I never knew any Thing of it till I saw it in the Newspaper. I met a Gentleman here and asked him if my voluntary Evidence would be accepted, he said, "No, that the Bill had been read a Second Time."

Q. "You say Lord Deerhurst was down there and saw—my Lord unfortunately could not see—he must hear it from somebody else?"

A. "See he could not, but he suspected from the Conversation and Conduct of Lady Maria something improper, and mentioned it to Mr. Andrew Bayntun. I can prove by Lord Deerhurst that I communicated to him by a Letter at Croome, wherein I first revealed that Part of the Conversation of Mr. Andrew Bayntun, desiring Mr. Cooper to go to-bed to Lady Maria; I never revealed that till the latter End of December 1781, or the Beginning January 1782, when the Promises of the Bayntuns had not been performed on their Part, and I did not conceive my Honour bound to observe this Part as they had not observed theirs, and as I understood, it was an Honour binding upon all."

He was directed to withdraw.

Then the Reverend Mr. Henry Bayntun was called in, and examined as follows:

Q. "Whether you was present at a Conversation at your House when there were Mr. Johnston, your Wife, and your Brother's Wife present some Time after the Elopement?"

A. "Yes, I was."

Q. "What passed then?"

A. "The First Thing that Mr. Johnston said to me was, that he had considered the Conversation that had passed upon the Tenth, and that he would therefore do every Thing in his Power to prevent any Steps being taken for a Divorce."

Q. "Was that all?"

A. "That was, I believe, the Whole of it."

Q. "Whether there was any Thing said about any Person having Facts in his Possession that might mitigate the Damages in case Mr. Cooper was prosecuted in the King's Bench?"

A. "None that I remember."

Q. "Nothing of that Kind was ever said to you?"

A. "No, there was not."

Q. "You are positive of that?"

A. "Yes."

Q. "Was there any Conversation about Mr. Cooper having Ten Guineas, and having applied for more, and being told he might have more?"

A. "No."

Q. "Nothing of that Sort passed in your Presence?"

A. "No, nothing."

He was directed to withdraw.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Scarsdale 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 Tomorrow.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum sextum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Mercurii, 16o Aprilis 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Cestrien.
Epus. Lincoln.
Epus. Meneven.
Epus. Landaven.
Viscount Stormont, Præses.
Comes Dartmouth, Senescallus.
Comes Suffolk & Berkshire.
Comes Denbigh.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Lauderdale.
Comes Ferrers.
Comes Effingham.
Comes Northington.
Comes Hillsborough.
Comes Clarendon.
Viscount Montague.
Viscount Falmouth.
Viscount Sackville.
Ds. De Ferrars.
Ds. Paget.
Ds. King.
Ds. Chedworth.
Ds. Sandys.
Ds. Scarsdale.
Ds. Boston.
Ds. Thurlow.
Ds. Walsingham.
Ds. Bagot.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Thanks of the House; General Elliot and others Answer.

The Earl of Mansfield acquainted the House, "That in pursuance of the Orders of this House of the 13th of December last, their Lordships Resolutions of that Day had been transmitted, giving the Thanks of this House to General Elliot for the important Service he has done to this Country by his brave and gallant Defence of Gibraltar; and also giving the Thanks of this House to Lieutenant General Boyd, Major General La Motte, Major General Green, Chief Engineer, and to Sir Roger Curtis, lately employed in the Defence of Gibraltar; and that General Elliot do signify the same to them; and also the Resolution that this House doth highly approve of and acknowledge the Services of the Officers, Soldiers, and Sailors lately employed in the Defence of Gibraltar; and that General Elliot do signify the same to them."

And that he had received a Letter from the said General Elliot, dated Gibraltar, 18th March 1783, enclosing Copies of Letters from Lieutenant General Boyd, Major General La Motte, Major General Green, and Sir Roger Curtis, to General Elliot, in which they return Answers to the said Resolutions."

The said Letters were read by the Clerk as follow; (videlicet)

"My Lord, "Gibraltar, March 18th, 1783.

I had the Honour to receive your Lordship's Letter of 13th December, accompanying the Resolution of the House of Lords of the 12th (fn. 3) .

Such being their Lordships Pleasure, I accept (although little deserving) with becoming Deference so high and distinguishing a Testimonial of Approbation from the most illustrious Order of Subjects.

In Obedience to their Lordships Commands, I have signified their Second Order of the same Date to the several Officers expressed therein, and I transmit to your Lordship their Acknowledgements.

Their Lordships Third Resolution has been communicated to the whole Garrison, and will be publickly declared to the Troops under Arms with suitable Military Form at the first proper Opportunity.

I am confident they will receive the Honour done them with every possible Demonstration of Gratitude and Joy.

The Satisfaction your Lordship is pleased to express in conveying to me the Resolutions of their Lordships, will, I hope, justify the Offer I presume to make of my most humble Acknowledgments.

I am, my Lord, with the highest Respect,

Your Lordship's most obedient and most humble Servant,

"G. A. Elliot."

Sir, Gibraltar, March 20th, 1783.

It was not till this Morning that I have been able, with any Degree of Ease to myself, to put Pen to Paper, which is the Reason of my not having sooner acknowledged your Favour of the 17th, enclosing the Resolution of the House of Lords of the 13th December 1782, which is, in my humble Opinion, a most glorious Recompence for the best Services of a British Officer.

I have the Honour to be,

Sir,

Your most obedient humble Servant,

Robert Boyd."

"Right Hon. Gen. Elliot."

Sir, Gibraltar, 17th March 1783.

I have the Honour to acquaint your Excellency with my having received your Excellency's Letter of this Day, together with a Copy of the Resolution of the House of Lords; and do make it my humble Request that your Excellency will be pleased to acquaint the House with my most humble Acknowledgements of the high Honour done me by their Lordships in the said Resolution.

I have the Honour to be, with great Respect,

Sir,

Your Excellency's most obedient, and most humble Servant,

"A. de la Motte."

The Right Hon. his Excellency Gen. Elliot, &c. &c. &c."

Sir, Gibraltar, 18th March 1783

I was honoured with your Excellency's Letter of Yesterday, enclosing a Copy of the Thanks of the Lords Spiritual and Temporal in Parliament assembled, to certain Officers lately employed in the Defence of Gibraltar, among whom I have the Honour to be named.

I must, in return, beg your Excellency will please to lay before that august Assembly, my most grateful Acknowledgements for such a transcendant Mark of their Lordships condescending Approbation of my contributing Endeavours towards the late Defence of Gibraltar; an Honour I hold of so noble and stimulating a Nature as cannot fail to inspire my future Public Attentions with every ardent Desire to approve myself in some Degree not unworthy of such a flattering Distinction.

Permit me also to say, that I feel an additional Satisfaction in having such a high prized Honour transmitted to me through your Excellency's obliging Means.

I have the Honour to be, with the highest Respect,

Sir,

Your Excellency's most obedient, and most humble Servant,

"W. Green."

"His Excellency the Governor."

"Brilliant at Gibraltar,

Sir, March 18th, 1783.

I am to acknowledge the Receipt of your Letter of Yesterday's Date, accompanying the Thanks of the House of Lords for my Conduct during the Siege of Gibraltar.

I beg you will, on my Part, be pleased to signify that I have as high a Sense as any Man can have of the Honour their Lordships have conferred on me.

I have the Honour to be,

Sir,

Your most obedient and most humble Servant,

"Roger Curtis."

To the Right Honourable

Sir George Augustus Elliot,

"Governor of Gibraltar, &c. &c. &c."

Pultney's Bill.

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

To return the Bill, intituled, "An Act for enabling William Pulteney Esquire to grant Leases of certain Estates in the County of Middlesex and City of London;" and to acquaint this House, That they have agreed to the same, without any Amendment.

American Trade Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to repeal so much of Two Acts made in the Sixteenth and Seventeenth Years of the Reign of His present Majesty as prohibits Trade and Intercourse with the United States of America."

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

It was resolved in the Affirmative.

Irish Judicature Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for removing and preventing all Doubts which have arisen, or might arise, concerning the exclusive Rights of the Parliament and Courts of Ireland, in Matters of Legislation and Judicature; and for preventing any Writ of Error or Appeal from any of His Majesty's Courts in that Kingdom from being received, heard and adjudged in any of His Majesty's Courts in the Kingdom of Great Britain."

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

It was resolved in the Affirmative.

Newnham Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham, in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's, adjoining His Majesty's Forest of Dean, in the said County."

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

It was resolved in the Affirmative.

Sandon, &c. Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act made in the Second Year of His present Majesty's Reign, for repairing, widening and altering the Road from Sandon in the County of Stafford, to Bullock Smithy, in the County of Chester; and from Kilderstone to Draycott in the Moors, and from Wetley Rocks to Tean, in the said County of Stafford."

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

It was resolved in the Affirmative.

Staunton Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, enclosing and improving a certain Common or Waste Ground, within the Parish of Staunton-uponWye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Five preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr Hett and Mr. Thomson:

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

Trent Navigation Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering Persons navigating Vessels upon the River Trent, between a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, and the Town of Burton-upon-Trent, in the County of Stafford, to hale the same with Horses," 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."

Tetbury, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for compleating and keeping in Repair the Road from the Ram Inn, in the Town of Cirencester, in the County of Gloucester, through the Town of Tetbury to Oldfield, otherwise Woefield Corner, near the Sixteenth Mile Stone in the Bath Road; and a Road from thence through the Parishes of Cold Ashton and Swanswick, to or near Lambridge, in the Parish of Bath Easton, near the City of Bath; and for continuing the present Road from the said Corner, to or near the Monument upon Lansdown, until the intended Road from the said Corner to or near Lambridge be made fit for travelling," was committed.

Markfield Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to revive and render more effectual an Act passed in the Thirtieth Year of the Reign of His late Majesty King George the Second, for repairing the Road from Markfield Turnpike, in the County of Leicester, over Charley, otherwise Charnwood Forest, through the Town of Whitwick, and from thence through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby-de-laZouch, in the said County, comes in from Ryley Lane, near to a Place called Snape Gate," was committed.

Gresley's Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for empowering Nigel Bowyer Gresley Esquire to lease Part of his Settled Estates in Staffordshire, pursuant to an Agreement entered into with George Parker and others, Iron Masters; and also to grant Leases of Lands and Mines within the same Estates," 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 made some Amendments thereto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Lambeth Poor Bill.

Notice being taken by a Lord in his Place, "That he was acquainted that some Persons were desirous of being heard against the Bill, intituled, "An Act for ascertaining and collecting the Poor's Rate, and for better regulating the Poor in the Parish of Saint Mary, Lambeth, in the County of Surrey; and for other Purposes therein mentioned."

Ordered, That the said Bill be read the Third Time on the First Monday after the Recess at Easter.

V. Stormont takes the Oaths.

This Day David Viscount Stormont took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration pursuant to the Statutes; his Lordship having first at the Table delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Bayntun's Divorce Bill:

The Order of the Day being read for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to dissolve the Marriage of Andrew Bayntun Esquire with Lady Maria Coventry his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The Lord Scarsdale accordingly reported the said Amendments.

And the same being read once by the Clerk:

It was moved, "That the further Consideration of the said Amendments be put off to Wednesday the 7th Day of May next."

Which being objected to,

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the further Consideration of the said Amendments be put off to Wednesday the 7th Day of May next.

Question put to Judges thereon.

Moved, "That the Judges do attend this House on Wednesday the Seventh Day of May next, in order to deliver their Opinions upon the following Question; (videlicet)

Whether the Issue born of a Woman after ten Months from the Day of her Elopement from her Husband, and living apart from him in open Adultery, such Husband having instituted a Suit in the Ecclesiastical Court, and no Access proved, be or be not a Bastard?"

The same was agreed to, and ordered accordingly.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Jovis, 17o Aprilis 1783.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Lincoln.
Epus. Meneven.
Epus. Landaven.
Viscount Stormont, Præses.
Comes Dartmouth, Senescallus.
Comes Abercorn.
Comes Lauderdale.
Comes Aberdeen.
Comes Hillsborough.
Comes Clarendon.
Comes Mansfield.
Viscount Dudley & Ward.
Ds. Scarsdale.
Ds. Bagot.
Ds. Sydney.

PRAYERS.

The Earl of Mansfield sat Speaker by virtue of a former Commission.

Doctors of Law Bill, King's Consent signified.

The Lord Steward acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for carrying into Execution an Agreement between the Dean and Chapter of Saint Paul's, London, and the College of Doctors of Law, exercent in the Ecclesiastical and Admiralty Courts, for vesting certain Tenements in the City of London, called Doctors Commons, held by the said College under the said Dean and Chapter by Leases for Years in the said College, in Fee Simple, and reserving thereout a certain Yearly Rent to the said Dean and Chapter, and their Successors for ever," was pleased to consent (as far as His Majesty's Interest is concerned,) That their Lordships may proceed therein as they shall think fit."

Church Lench Enclosure Bill, King's Consent signified.

The Lord Steward also acquainted the House, "That His Majesty having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the Parish of Church Lench, in the County of Worcester, was pleased to consent (as far as His Majesty's Interest is concerned,) That their Lordships may proceed therein, as they shall think fit."

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, and other Commonable Land, within the Parish of Church Lench, in the County of Worcester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made one Amendment thereto."

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

Pr. 30. L. 13. Leave out from the Word ("Exchange") to the Word ("unto") in Line 16."

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

Trent Navigation Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for empowering Persons navigating Vessels upon the River Trent between a Place called Wilden Ferry, in the Counties of Derby and Leicester, or one of them, and the Town of Burton upon Trent, in the County of Stafford, to hale the same with Horses."

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

It was resolved in the Affirmative.

Tetbury, &c. Road Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for completing and keeping in Repair the Road from the Ram Inn, in the Town of Cirencester, in the County of Gloucester, through the Town of Tetbury, to Oldfield, otherwise Woefield Corner, near the Sixteenth Mile Stone in the Bath Road, and a Road from thence through the Parishes of Cold Ashton and Swanswick, to or near Lambridge, in the Parish of Bath Easton, near the City of Bath; and for continuing the present Road from the said Corner, to or near the Monument upon Lansdown, until the intended Road from the said Corner, to or near Lambridge, be made fit for travelling."

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

It was resolved in the Affirmative.

Markfield Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to revive and render more effectual an Act passed in the Thirtieth Year of the Reign of His late Majesty King George the Second, for repairing the Road from Markfield Turnpike, in the County of Leicester, over Charley, otherwise Charnwood Forest, through the Town of Whitwick, and from thence through Talbot Lane, to where the Road leading from the Town of Loughborough to the Town of Ashby de la Zouch, in the said County, comes in from Ryley Lane, near to a Place called Snape Gate."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Hett and Mr. Thomson:

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

Gresley's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for empowering Nigel Bower Gresley Esquire to lease Part of his settled Estates in Staffordshire, pursuant to an Agreement entered into with George Parker and others, Iron Masters, and also to grant Leases of Lands and Mines within the same Estates."

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Hesket Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty King George the Third, intituled, "An Act for widening, repairing, and amending the Road from Hesket by Yewes Bridge, to Cockermouth, and from thence by Lorton over Whinlatter to Keswick, in the County of Cumberland, and from Keswick by Dummail Rays and Ambleside to Kirby in Kendall, in the County of Westmerland, and from Plumbgarth's Cross, near Kirby in Kendall aforesaid, to the Lake called Windermere, in the County of Westmorland; and from Keswick aforesaid, to the Town of Penrith, in the County of Cumberland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Bills passed by Commission.

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

The House was adjourned during Pleasure.

The House was resumed.

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

Who being come with their Speaker;

The Earl of Mansfield said,

My Lords, and Gentlemen of the House of Commons,

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

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

GEORGE R.

George the Third, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth: To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, in this present Parliament assembled, Greeting: Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our loving Subjects the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to to say) "An Act for continuing an Act made in this Session of Parliament, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," so far as the same relates to the Realm of Great Britain." "An Act to repeal so much of Two Acts made in the Sixteenth and Seventeenth Years of the Reign of His present Majesty, as prohibits Trade and Intercourse with the United States of America." "An Act for removing and preventing all Doubts which have arisen, or might arise, concerning the exclusive Rights of the Parliament and Courts of Ireland in Matters of Legislation and Judicature, and for preventing any Writ of Error or Appeal from any of His Majesty's Courts in that Kingdom, from being received, heard and adjudged in any of His Majesty's Courts in the Kingdom of Great Britain." "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; and to indemnify Members and Officers in Cities, Corporations and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors." "An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers." "An Act for granting a Bounty upon the Exportation of British and Irish Buckrams and Tillettings, British and Irish Linens, British Callicoes and Cottons, or Cottons mixed with Linen, printed, painted, stained or dyed in Great Britain." "An Act for removing certain Disabilities and Incapacities occasioned by the Attainder of David Ogilvy of Airly Esquire." "An Act for building a new Shirehall and Guildhall for the County of Salop, and the Town of Shrewsbury in the said County; and for the other Purposes therein mentioned." "An Act to prevent Prisoners in the King's Bench Prison, or the Rules thereof, or their Families or Servants, gaining Settlements in the Parish of Saint George the Martyr, in the Borough of Southwark and County of Surrey; and for the Relief of the said Parish with respect to the Families of Prisoners in the said King's Bench or the Marshalsea Prison, or in the County Gaol or House of Correction belonging to the said County, for regulating the Manner of chusing Overseers of the Poor; and for appointing Collectors of the Poor's Rates within the said Parish." "An Act to enable the Corporation of the Governor, Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens, to sell their Taxes of certain Lands within the Middle and South Levels, Part of the said Great Level, which have been or may be dug for Turf, and to apply the Money arising from such Sale, towards discharging the Bond Debts of the said Corporation upon account of those Levels." An Act for making and maintaining a navigable Canal from the River Thames or Isis, at or near Leachlade, to join and communicate with the Stroudwater Canal at Wallbridge, near the Town of Stroud; and also a Collateral Cut from the said Canal at or near Siddington, to or near the Town of Cirencester, in the Counties of Gloucester and Wilts." "An Act to ascertain and establish the Boundaries of and between the Hospital of Bridewell and the Precinct thereunto belonging, and the Parish of Saint Ann, Blackfryars, in the City of London, as therein specified." "An Act for amending an Act made in the last Session of Parliament, for the better Relief and Employment of the Poor of the Parish of Saint John of Wapping, in the County of Middlesex, and for providing a proper Workhouse and Burial Ground for the Use of the said Parish, and for opening certain Communications and making certain Streets within the said Parish." "An Act for rendering effectual an Act made in the Sixteenth Year of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk." "An Act for better paving, cleansing, lighting and watching the Streets, Lanes, Yards, Courts, Alleys and Passages within the Parish of Saint Mary at Rotherhithe, otherwise Redriffe, in the County of Surrey; and for removing and preventing Nuisances and Annoyances therein." An Act to amend and render more effectual several Acts passed in the Sixth, Tenth, Fifteenth and Sixteenth Years of the Reign of His present Majesty, for making a navigable Canal from the Trent to the Mersey, and a Branch from the said Canal to Froghall, and a Railway from thence to or near Caldon, in the County of Stafford." "An Act for enlarging the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, intituled, "An Act for making, widening and repairing a Road from the North East Side of the Goswell Street Road next Islington, in the County of Middlesex, and near to the Road called The New Road, over the Fields and Grounds to Old Street Road, opposite to the Doghouse Bar; and at and from the Doghouse Bar, to the End of Chiswell Street by the Artillery Ground." "An Act for repairing and widening the Roads leading from Wetherby to Knaresborough, in the County of York." An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham, in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's, adjoining His Majesty's Forest of Dean, in the said County." "An Act to enlarge the Term and Powers of an Act made in the Second Year of His present Majesty's Reign, for repairing, widening and altering the Road from Sandon, in the County of Stafford, to Bullock Smithy, in the County of Chester; and from Hilderstone to Draycott in the Moors; and from Wetley Rocks to Tean, in the said County of Stafford." "An Act for vesting the Manor or reputed Manor of Vintners, otherwise Vinters, the Mansion House and certain Lands and Hereditaments in the County of Kent, being Part of the Settled Estates of the Right Honourable Robert Lord Ongley, of the Kingdom of Ireland, in Trustees to be sold, and for laying out the Monies arising by such Sale in the Purchase of other Messuages, Lands and Hereditaments to be settled in lieu thereof to the like Uses." An Act to enable His Majesty to grant the Inheritance of several Pieces or Parcels of Land, in or near the Parish of Petersham, formerly Part of the Park there, called Richmond Park or New Park, in the County of Surrey, to Thomas Pitt Esquire, and his Heirs, for a full and valuable Consideration." "An Act for enabling William Pulteney Esquire to grant Leases of certain Estates in the County of Middlesex and City of London." "An Act for dividing, allotting and enclosing the Open Fields, Meadows, Pastures, Commons and Commonable Lands, within the Manor and Township of Stanford, in the County of Berks." An Act for dividing, allotting and enclosing the several Town Fields, Commons, Moors and Waste Grounds and Stinted Land within the Manors of Henshaw and Melkeridge, in the Parish of Haltwhistle, in the County of Northumberland." "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures, and other Commonable Lands and Grounds in Rooss in Holderness, in the East Riding of the County of York." "An Act for dividing, allotting and enclosing the Open Fields, Meadows, Pastures, Commons and Commonable Places, in the Parish of Burton Hastings, in the County of Warwick." "An Act for dividing, enclosing and improving a certain Common or Waste Ground within the Parish of Staunton-upon-Wye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish." "An Act to dissolve the Marriage of John Williams of the City of Exeter, Gentleman, with Elizabeth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned." "An Act to enable Richard Newman Harding Esquire, and his First and other Sons and the Heirs Male of their Bodies, to take, use and bear the Surname and Arms of Newman, pursuant to the Will of Richard Newman Esquire deceased." "An Act to dissolve the Marriage of John Hankey Esquire with Elizabeth Thomson his now Wife, and to enable him to marry again; and for other Purposes therein mentioned." "An Act for naturalizing John Urban Reybaz and Alexander Aubert." An Act for naturalizing John James Tourneisen." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto; yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern: Commanding also, by these Presents, Our right trusty and well-beloved Counsellor Alexander Lord Loughborough, Chief Justice of Our Court of Common Pleas; and our trusty and well-beloved Sir William Henry Ashurst Knight, One of Our Justices assigned to hold Pleas before Us, and Sir Beaumont Hotham Knight, One of the Barons of Our Court of Exchequer, Our Commissioners for the Custody of Our Great Seal of Great Britain, to seal these Our Letters Patent with Our Great Seal of Great Britain; and also, commanding Our right trusty and wellbeloved Cousin and Counsellor David Viscount Stormont, President of Our Council; Our right trusty and right well-beloved Cousin and Counsellor Frederick Earl of Carlisle, Keeper of Our Privy Seal; Our right trusty and right entirely beloved Cousins and Counsellors William Henry Duke of Portland, Hugh Duke of Northumberland, George Duke of Montagu; Our right trusty and right well-beloved Cousins and Counsellors William Earl of Dartmouth, Steward of Our Houshold; Francis Earl of Hertford, Chamberlain of Our Houshold; William Earl of Mansfield, Our Chief Justice assigned to hold Pleas before Us; Our right trusty and well-beloved Cousins and Counsellors Thomas Viscount Weymouth and Augustus Viscount Keppel, and the said Alexander Lord Loughborough, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enroll these Our Letters Patent and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament, and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself at Westminster, the Seventeenth Day of April, in the Twenty-third Year of Our Reign.

By the King Himself, signed with His own Hand.

"Yorke."

Then the Earl of Mansfield said,

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

1. "An Act for continuing an Act made in this Session of Parliament, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" so far as the same relates to the Realm of Great Britain."

2. "An Act to repeal so much of Two Acts made in the Sixteenth and Seventeenth Years of the Reign of His present Majesty, as prohibits Trade and Intercourse with the United States of America."

3. "An Act for removing and preventing all Doubts which have arisen, or might arise, concerning the exclusive Rights of the Parliament and Courts of Ireland in Matters of Legislation and Judicature, and for preventing any Writ of Error or Appeal from any of His Majesty's Courts in that Kingdom from being received, heard and adjudged, in any of His Majesty's Courts in the Kingdom of Great Britain."

4. "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; and to indemnify Members and Officers in Cities, Corporations and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors."

5. "An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers."

6. "An Act for granting a Bounty upon the Exportation of British and Irish Buckrams and Tilletings, British and Irish Linens, British Callicoes and Cottons, or Cotton mixed with Linen printed, painted, stained or dyed in Great Britain."

7. "An Act for removing certain Disabilities and Incapacities occasioned by the Attainder of David Ogilvy of Airly Esquire."

8. "An Act for building a new Shire Hall and Guildhall for the County of Salop and the Town of Shrewsbury in the said County; and for the other Purposes therein mentioned."

9. "An Act to prevent Prisoners in the King's Bench Prison or the Rules thereof, or their Families or Servants, gaining Settlements in the Parish of Saint George the Martyr in the Borough of Southwark and County of Surrey; and for the Relief of the said Parish with respect to the Families of Prisoners in the said King's Bench or the Marshalsea Prison, or in the County Gaol or House of Correction belonging to the said County; for regulating the Manner of choosing Overseers of the Poor; and for appointing Collectors of the Poor's Rates within the said Parish."

10. "An Act to enable the Corporation of the Governor, Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens, to sell their Taxes of certain Lands within the Middle and South Levels, Part of the said Great Level, which have been or may be dug for Turf; and to apply the Money arising from such Sale towards discharging the Bond Debts of the said Corporation upon Account of those Levels."

11. "An Act for making and maintaining a Navigable Canal from the River Thames or Isis at or near Leachlade to join and communicate with the Stroudwater Canal at Wallbridge near the Town of Stroud; and also a Collateral Cut from the said Canal at or near Siddington to or near the Town of Cirencester, in the Counties of Gloucester and Wilts."

12. "An Act to ascertain and establish the Boundaries of and between the Hospital of Bridewell and the Precinct thereunto belonging, and the Parish of Saint Ann, Blackfriars, in the City of London, as therein specified."

13. "An Act for amending an Act made in the last Session of Parliament for the better Relief and Employment of the Poor of the Parish of Saint John of Wapping, in the County of Middlesex; and for providing a proper Workhouse and Burial Ground for the Use of the said Parish; and for opening certain Communications and making certain Streets within the said Parish."

14. "An Act for rendering effectual an Act made in the Sixteenth Year of the Reign of His present Majesty, for the better Relief and Employment of the Poor within the Hundred of Forehoe, in the County of Norfolk."

15. "An Act for the better paving, cleansing, lighting and watching the Streets, Lanes, Yards, Courts, Alleys and Passages within the Parish of Saint Mary at Rotherhithe otherwise Redriffe, in the County of Surrey; and for removing and preventing Nuisances and Annoyances therein."

16. "An Act to amend and render more effectual several Acts passed in the Sixth, Tenth, Fifteenth and Sixteenth Years of the Reign of His present Majesty for making a Navigable Canal from the Trent, to the Mersey, and a Branch from the said Canal to Froghall, and a Railway from thence to or near Caldon, in the County of Stafford."

17. "An Act for enlarging the Term and Powers of an Act made in the First Year of the Reign of His present Majesty, intituled, "An Act for making, widening and repairing a Road from the North East Side of the Goswell Street Road next Islington, in the County of Middlesex, and near to the Road called the New Road over the Fields and Grounds to Old Street Road opposite to the Doghouse Bar; and at and from the Doghouse Bar to the End of Chiswell Street, by the Artillery Ground."

18. "An Act for repairing and widening the Roads leading from Wetherby to Knaresborough, in the County of York."

19. "An Act for amending and widening the Road from the Passage or Ferry over the River Severn at Newnham in the County of Gloucester, through the Parishes of Newnham and Little Dean, to a Place called Saint White's, adjoining His Majesty's Forest of Dean, in the said County."

20. "An Act to enlarge the Term and Powers of an Act made in the Second Year of His present Majesty's Reign for repairing, widening and altering the Road from Sandon, in the County of Stafford, to Bullock Smithy, in the County of Chester; and from Hilderstone to Draycott in the Moors; and from Wetley Rocks to Tean, in the said County of Stafford."

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

"Le Roy le veult."

21. "An Act for vesting the Manor or reputed Manor of Vintners, otherwise Vinters, the Mansion House, and certain Lands and Hereditaments in the County of Kent, being Part of the Settled Estates of the Right Honourable Robert Lord Ongley of the Kingdom of Ireland, in Trustees to be sold; and for laying out the Monies arising by such Sale, in the Purchase of other Messuages, Lands and Hereditaments to be settled in lieu thereof to the like Uses."

22. "An Act to enable His Majesty to grant the Inheritance of several Pieces or Parcels of Land in or near the Parish of Petersham, formerly Part of the Park there, called Richmond Park or New Park, in the County of Surrey to Thomas Pitt Esquire and his Heirs, for a full and valuable Consideration."

23. "An Act for enabling William Pulteney Esquire to grant Leases of certain Estates in the County of Middlesex and City of London."

24. "An Act for dividing, allotting and enclosing the Open Fields, Meadows, Pastures, Commons and Commonable Lands within the Manor and Township of Stanford, in the County of Berks."

25. "An Act for dividing, allotting and enclosing the several Town Fields, Commons, Moors and Waste Grounds and Stinted Land within the Manors of Henshaw and Melkeridge in the Parish of Haltwhistle in the County of Northumberland."

26. "An Act for dividing and enclosing certain Open Common Fields, Meadows, Pastures and other Commonable Lands and Grounds in Rooss in Holderness, in the East Riding of the County of York."

27. "An Act for dividing, allotting, and enclosing the Open Fields, Meadows, Pastures, Commons and Commonable Places, in the Parish of Burton Hastings, in the County of Warwick."

28. "An Act for dividing, enclosing and improving a certain Common or Waste Ground, within the Parish of Staunton upon Wye, in the County of Hereford; and for extinguishing the Right of Common upon certain enclosed Lands within the said Parish."

29. "An Act to dissolve the Marriage of John Williams of the City of Exeter, Gentleman, with Elizabeth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

30. "An Act to enable Richard Newman Harding Esquire, and his first and other Sons, and the Heirs Male of their Bodies, to take, use, and bear the Surname and Arms of Newman, pursuant to the Will of Richard Newman Esquire deceased."

31. "An Act to dissolve the Marriage of John Hankey Esquire, with Elizabeth Thomson his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

32. "An Act for naturalizing John Urban Reybaz and Alexander Aubert."

33. "An Act for naturalizing John James Tourneisen."

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

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Hendricks et al. against Cunninghame et al.

Upon reading the Petition of Volkert Hendricks and others, Appellants in a Cause depending in this House, to which William Cunninghame and others are Respondents, which stands appointed for Hearing; setting forth, "That when the Petitioners presented their Appeal to their Lordships they were not possessed of the Extract of the Proceedings below, and they mis-stated the Date and Contents of one of the Interlocutors of the Court of Session appealed from, having dated it the 3d of February 1781, instead of the 31st of January 1781;" and therefore praying their Lordships, "That they may be permitted to amend their Appeal, by altering the Date of the said Interlocutor, and inserting the Contents thereof, they amending the Respondents Copy:"

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, by altering the Date of the said Interlocutor, and inserting the Contents thereof, as desired, they amending the Respondents Copy.

Bruce against the Carron Company.

Ordered, That the Hearing of the Cause, wherein James Bruce Esquire is Appellant, and the Carron Company are Respondents, et e contra, which stands appointed for Monday the 28th Instant, be put off to the next Session of Parliament.

Browne to take the Name of Selby, Bill.

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

With a Bill, intituled, "An Act to enable John Browne Esquire, and his Issue Male, to take and use the Surname of Selby, pursuant to the Will of William Selby Esquire deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Comes Mansfield Capitalis Justiciarius Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Aprilis, horâ undecimâ Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Sic.
3 Sic in Orig.