Hutton's Wharton's "Pr. 18. L. 23. After (" notwithstanding ") infert And be it further enacted, That it fhall be lawful 66 66 66 Enclosure Bill. mittees, to whom the Bill, intituled, " An Act for en- any રેક The Lord Walfingham alfo reported from the Lords Margate Pier, Committees, to whom the Bill, intituled, An Act to &c. Bill. "amend and render more effectual Two Acts for the "the Maintenance and Support of the Pier and Harbour, "and paving and lighting the Town of Margate, in the County of Kent," was committed: "That they "had confidered the faid Bill, and examined the Alle"gations thereof, which were found to be true; and "that the Committee had gone through the Bill, and "directed him to report the fame to the Houfe, without any Amendment." 66 in Scotland Upon reading the Petition and Appeal of Alexander Porterfield Porterfield, in the County of Renfrew, Efquire, com- again Offplaining of Four Interlocutors of the Lord Ordinary Scotland, of the 4th of December 1799, the 6th of July et al. and 8th of December 1803, and the 16th of May 18c9; and alfo of Two Interlocutors of the Lords of Seffion, as Commiffioners for Plantation of Kirks and Valuation of Teinds there, of the 16th of June 1802, and the 23d of May 1804; and praying, "That the fame may be "reverfed, varied, or altered, or that the Appellant may "have fuch other Relief in the Premifes, as to this "House, in their Lordfhips great Wisdom, fhall feem meet; and that the Right Honourable the Officers of The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting "certain Estates in the Counties of Kent and Suffex, "devised by the Will of John Hutton Efquire, deceased, "in Trustees to be fold, and for investing the Money "arifing therefrom, in the Purchase of other Eftates, "to be fettled to the fame Ufes," was committed: "That they had confidered the faid Bill, and examined "the Allegations thereof, which were found to be true; "that the Parties concerned had given their Confents, "to the Satisfaction of the Committee; and that the "Committee had gone through the Bill, and made se"veral Amendments thereto." 66 gets, William Gunningham Cunningham Graham of "Gartmore; or the Reprefentatives of fuch of the faid "Perfons above-named as may have happened to de"cease fince the raifing of the Procels, the Reverend Job "Brown, or the known Counfel or Agents of the differ Which Amendments, being read twice by the Clerk, "ent Perfons above-named, or thofe of the Reprefentawere agreed to by the House. ORDERED, That the faid Bill, with the Amendments, be engroffed. The Lord Walfingham reported from the Lords Committees, to whom the Bill, intituled, "An Act for "the Partition of certain fettled Eftates of John "Wharton Efquire, fituate in the Counties of York, "Weftmorland, and Durham," was committed, "That "they had confidered the faid Bill, and examined the "tives of fuch of them as may have happened to de- It is ORDERED, That the faid Officers of State, and Saturday Saturday the 17th Day of June next; and Service of The House being moved, "That John Spottiswoode of It is ORDERED, That the faid John Spottiswoode may enter into a Recognizance for the faid Appellant, as defired. Dominus Cancellarius declaravit præfens Parliamentum continuandum effe ufque ad et in diem Jovis, vicefimum quintum diem inftantis Maii, horâ undecimâ Aurora, Dominis fic decernentibus. Aylmer fuerunt: Dux CUMBERLAND. Ds. Ponsonby. rius. Comes Camden, Comes Westmorland, Ds. Grantham. Ds. Bofton. Ds. Harrowby. Ds. Dynevor. Ds. Walfingham. Ds. Bagot. Dux Norfolk, Maref- Ds. Bradford. callus. Dux Beaufort. Comes Suffolk & Comes Bridgewater. Comes Selkirk. Comes Aboyne. Comes Fitzwilliam. Comes Talbot. cumbe. Viscount Sidmouth. PRAYERS. Ds. Rolle. The Aufwer of Robert Blake Efquire, to the Appeal againft Blake. of Peter Aylmer Efquire, was this Day brought in. Playfair et al. The House (according to Order) proceeded to take against Mac- into Confideration the Caufe wherein the Reverend donald et al. . ORDERED, That the further Confideration of the Arnot et al, Cause wherein Doctor Robert Arnot and others are Ap- againft Hill pellants, and the Reverend Doctor George Hill and others put off till To-morrow. are Refpondents, which stands appointed for this Day, be A Meffage was brought from the House of Commons, Excife Office by Mr. Wharton and others: Regulations With a Bill, intituled, " An Act for the Abolition of "certain Holidays, and for altering and extending the "Time for keeping open the Chief Office of Ex"cife;" to which they defire the Concurrence of this House. Bill. A Meffage was brought from the House of Commons, Land Tax by Mr. Wharton and others: Redemption Bill. With a Bill, intituled, "An Act to amend an Act "paffed in the Forty-fixth Year of His prefent Majesty, "for the Redemption and Sale of the Land Tax, and to make further Provifion for exonerating Small Livings and Charitable Inftitutions from the Land to which they defire the Concurrence of this "Tax; House. A Meffage was brought from the Houfe of Commons, Dublin Coal With a Bill, intituled, " An Act to continue, until A Meffage was brought from the House of Commons, Martinique by Mr. Wharton and others: Trade Bill. With a Bill, intituled, "An Act for making Sugar "and Coffee of Martinique and Mariegalante, liable "to Duty on Importation, as Sugar and Coffee not of "the British Plantations;" which they defire the Concurrence of this House. American Fees of Aflize (Ireland) Bill. Smuggling &c. Bill. Printers' In A Meffage was brought from the House of Commons, by Mr.Wharton and others: With a Bill, intituled, " An A&t to permit the Trade "between Great Britain and the United States of Ame"rica, to be carried on in Ships or Veffels belonging to "the Inhabitants of the faid States;" to which they defire the Concurrence of this House. The faid Bill was read the First Time. A Meffage was brought from the House of Commons, by Mr. Wharton and others: With a Bill, intituled "An Act to regulate the Fees "payable by Perfons charged with Treafon, Felony, and "all other Offences at Affizes and Quarter Seffions in "Ireland; and for amending an A&t of the Parliament "of Ireland, made in the Thirty-fixth Year of His "prefent Majefty, relating thereto;" to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, Alverftoke by Mr.Wharton and others: With a Bill, intituled, " An A&t for the more easy " and speedy Recovery of Small Debts within the Parish "of Alverftoke, in the County of Southampton;" to which they defire the Concurrence of this House. The faid Six Bills were, feverally, read the First Time. Small Debts A Meffage was brought from the Houfe of Commons, Weftin's Na A Meffage was brought from the House of Commons, by Mr. Wharton and others: With a Bill, intituled, "An Act to amend feveral "Acts for the Prevention of Smuggling; for better fecuring the Duties on Coals, Culm, and Cinders; "and for permitting the Exportation of Salt, Pepper, " and Wine, from Guernsey or Jersey to Sark, in fmall "Packages;" to which they defire the Concurrence of this House. The faid Bill was read the First Time. A Meffage was brought from the House of Commons, demnity Bill. by Mr. Wharton and others: Scots Militia With a Bill, intituled, " An Act to indemnify Per"fons who have inadvertently printed, published, or "difperfed Papers or Books without a full Defcription "of the Place of Abode of the Printers thereof, from "Penalties incurred under an Act of the Thirty-ninth "Year of His Majefty's Reign;" to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, Families Bill. by Mr. Wharton and others: Shobdon, & c Carmarthen With a Bill, intituled, "An A&t for providing "Relief for the Wives and Families of the Militia Men "in Scotland, when called into actual Service;" to which they defire the Concurrence of this House. A Meffage was brought from the Houfe of Commons, by Mr.Wharton and others: With a Bill, intituled, " An Act for enclofing Lands " in the Parishes of Shobdon, Aymeftrey, and Lingen, in "the County of Hereford, and for extinguifhing Tithes "in thofe Parishes;" to which they defire the Concurrence of this Houfe." A Meffage was brought from the Houfe of Commons, Roads Bill. by Mr. Wharton and others: Westminster 66 With a Bill, intituled, "An Act for enlarging the "Term and Powers of an Act of His prefent Majefty, "for repairing the Road from Carmarthen to Lampeterpont-stephen, in the County of Cardigan, and other "Roads in the faid Act mentioned, fo far as the fame "relate to the Carmarthen District of Roads; and for "confolidating in the fame Act and Truft certain other "Roads in the faid County of Carmarthen;" to which they defire the Concurrence of this House. A Meffage was brought from the House of Commons, George, Southwark, to Dartford, and other Roads "therein mentioned, in the Counties of Kent and "Surrey ;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto. A Meffage was brought from the House of Commons, Cadeby, &c. Enclosure by Mr.Wharton and others: To return the Bill, intituled, " An Act for enclosing "Lands in the Township of Cadeby, and Parish of "Spotbrough, in the County of York;" and to acquaint this Houfe, That they have agreed to their Lordships Amendment made thereto. To return the Bill, intituled, "An Act for enclosing fure Bill. "Lands in the Township of North Duffield, in the Parish "of Skipwith, in the East Riding of the County of York;" and to acquaint this House, That they have agreed to their Lordships Amendment made thereto. A Meffage was brought from the Houfe of Commons, St. Clement by Mr. Wharton and others: To return the Bill, intituled, " An A&t for enlarging "the Powers of an Act of the Fourth Year of His pre"fent Majefty, for establishing a Nightly Watch, and "for maintaining the Poor within the Parish of Saint "Clement Danes Poor "Clement Danes, in the County of Middlefex;" and to A Meffage was brought from the House of Commons, To return the Bill, intituled, " An Act for naturalizing "Henry Myers;" and to acquaint this House, That they have agreed to the fame, without any Amendment. A Meffage was brought from the House of Commons, by Mr. Wharton and others: To return the Bill, intituled, "An Act for natura"lizing John Horftman ;" and to acquaint this Houfe, That they have agreed to the fame, without any Amend ment. Hodie 3 vice leta eft Billa, intituled, "An A&t for enclofing Lands in the Hamlet and Chapelry of "Wheatley, in the Parish of Cuddefden, in the County " of Oxford." 66 The Question was put, It was refolved in the Affirmative. Hodie 3 vice lecta eft Billa, intituled, "An A&t for erecting a new Gaol and Houfe of Correction, and "new Courts of Juftice, in and for the County Pala"tine of Durham, and purchafing proper Sites for the fame; and for difpofing of the old Gaol and House " of Correction and Courts of Justice there; and making an equal County Rate for thofe Purposes." 66 The Question was put, "Whether this Bill, with It was refolved in the Affirmative. Hodie 3 vice lecta eft Billa, intituled, " An A& for enclofing Lands in the Tithing of West Melbury, in "the Parish of Cann Saint Rumbold, in the County of Dorfet." 66 The Question was put, "Whether this Bill, with It was refolved in the Affirmative. Hodie 3 vice lecta eft Billa, intituled, " An Act for "better fupplying with Water the Borough of Portsmouth, " and the Parishes of Portsmouth and Portfea, and Places adjacent, in the County of Southampton." Hodie 3 vice lecta eft Billa, intituled, " An Act for clofure Bill: "for enclosing Lands in the Township of Skelton, in the "Parish of Howden, in the East Riding of the County " of York." The Question was put, "Whether this Bill, with It was refolved in the Affirmative. And Meffages were, feverally, fent to the House of To return the faid Bills, and acquaint them, That rence. VOL. XLVII. The Question was put, "Whether this Bill fhall It was refolved in the Affirmative. And Meffages were, feverally, fent to the House of Meffages to Commons, by the former Meffengers: H. C. with the Three Bills. To carry down the faid Bills, and defire their Con- preceding currence thereto. The Earl of Liverpool acquainted the Houfe, "That King's Mef" he had a Meffage from His Majesty, under His Royal fage relative Sign Manual, which His Majefty had commanded him to Auftria, "to deliver to their Lordships :" 66 &c. H Barnewall's "Emperor of Austria have been happily restored; and "Chriftopher and Patrick his eldeft and fecond Sons 66 "Although the Provifions of this Treaty do not in"clude any Stipulation for pecuniary Affiftance, His Majesty is nevertheless defirous of being enabled to "afford to His Imperial Majefty fuch Affiftance of that "Defcription as may be called for by the Circumftances "of the Conteft in which His Imperial Majefty is engaged against the common Enemy, and as can be "furnished by His Majefty, confiftently with the other "extended Demands upon the Refources of His Majefty's Dominions. "His Majefty is equally defirous of continuing to the Spanish Caufe fuch Succours as may be requifite for fuftaining and affifting the Efforts of that Nation "against the Tyranny and Ufurpation of France; as "well as of giving Confiftency and Effect to the Exer "tions of the People of Portugal for the Defence of "their lawful Government and national Indepen And the fame being again read by the Clerk; ORDERED, That the faid Meffage be taken into Confideration To-morrow; and the Lords fummoned. The Earl of Liverpool (by His Majefty's Command) presented to the House, "A Petition of Mathew Barnewall, of the City of Dublin, claiming the Dignities, "Titles, and Honours of Viscount Barnewall of Kings"land, and Baron of Turvey, in the County of Dublin, "to His Majefty, together with His Majefty's Reference "thereof to this House, and the Reports of the Attorney and Solicitor General of Ireland, and of the Attorney General of that Part of the United Kingdom "called Great Britain." 86 Which Petition and Reference were read by the Clerk, and are as follow; (videlicet) "To the King's Moft Excellent Majesty. "The humble Petition of Mathew Barnewall, of "the City of Dublin, claiming the Dignities, "Titles, and Honours of Viscount Barnewall "of Kingsland, and Baron of Turvey, in the "County of Dublin: "Sheweth, "That Petitioner, in or about the Month of January "One thoufand eight hundred and two, prefented his "Petition to Your Majefty, ftating thereby, as he now "herein states: "That Your Majefty's Royal Predeceffor King Charles "the First was pleafed, by His Letters Patent under the "Great Seal of His Kingdom, bearing Date at Dublin "the Twenty-ninth Day of June in the Twenty-fecond "Year of His Reign, to grant unto your Petitioner's "Ancestor Nicholas Barnewall of Turvey, in the County "of Dublin, and Kingdom of Ireland, Efquire, and to the "Heirs Male of his Body begotten and to be begotten, "the Dignities, Titles, and Honours of Viscount Barne"wall of Kingsland, and Baron of Turvey, in the "County of Dublin aforefaid: 66 "That faid Nicholas the first Viscount Kingsland and "Baron of Turvey intermarried with Lady Bridget Fitzgerald, Daughter and Coheirefs of Henry the twelfth "Earl of Kildare, by whom he had Iffue five Sons; "(videlicet), Christopher his eldeft, Patrick his fecond, "Henry his third, Francis his fourth (from which Francis "Petitioner claims), and Mathew his fifth Son, and "four Daughters: "That faid Nicholas the firft Viscount died in the Year "One thousand fix hundred and fixty-three; and faid 9 66 66 "That faid Henry the second Viscount first intermar"ried with Mary Daughter of John Viscount Netterville, "by whom he had no Male Iffue; and fecondly, with Mary Nugent Daughter of Richard Earl of Westmeath by whom he had Iffue three Sons; namely, Nicholas "the eldeft, Richard his fecond, and Jofeph his third, " which faid Jofeph died unmarried and withoutIffue; and "the faid Richard died leaving Daughters, but no Iffue,, "Male; and faid Henry the fecond Viscount died in the "Year One thousand fix hundred and eighty-eight, leav"ing faid Nicholas his eldest Son, who thereupon fucceeded "to his Title and Honours, and became the third Vif count Barnewall of Kingsland and Baron of Turvey: "That faid Nicholas the third Viscount intermarried " in the Year One thousand fix hundred and eighty"eight, with Mary Daughter of George Count Hamilton, "by whom he had Iffue two Sons; namely, Henry Be "nedict his eldest, and George his fecond Son, and no "other Iffue Male; and faid Nicholas the third Viscount "delivered his Writ of Summons in the Houfe of Lords, "but being a Roman Catholic, and declining to make or subscribe the Declaration, his Lordship withdrew, "and never took his Seat, and died in the Year One "thousand seven hundred and twenty-five, leaving the "faid Henry Benedict his eldest and faid George his fecond "Son, which faid Henry thereupon fucceeded to his "Titles and Honours, and became the fourth Viscount "Barnewall of Kingsland and Baron of Turvey: "That faid Henry Benedict the fourth Viscount inter"married with Honora the Daughter of Peter Daly "Efquire, by whom he never had any Iffue, and faid "George his Brother intermarried with Barbara Sifter to "the late Earl of Fauconberg, by whom he had Iffue one "Son, George; and faid Henry Benedict having died in the "Year One thousand seven hundred and feventy-four, "without Iffue, and faid George his Brother having alfo "died during the Life-time of the faid Henry Benedict "the fourth Viscount, leaving the faid George his only "Son, faid George thereupon fucceeded to the Titles "and Honours of his Uncle the faid Henry Benedict, and "became the fifth Viscount Barnewall of Kingsland and "Baron of Turvey: "That faid George the Fifth Viscount, having early "in Life become a Proteftant, took his Seat in the "House of Lords, in or about the Year One thousand "seven hundred and ninety-one, and died in France "in the Year One thoufand eight hundred, unmarried " and without Iffue, whereupon the Male Iffue of "Henry the Second Viscount, Third Son of the First Viscount, became extinct; and Petitioner fubmits that by Means thereof the Male Defcendants of Francis the "Fourth Son of the faid First Viscount are next en"titled to the Title and Dignities. "That faid Francis the Fourth Son of Nicholas the "First Viscount, who was Francis Barnewall of Beggs"town and Woodpark, in the County of Meath, inter"married with Jane Daughter of Philip Fitzgerald Efquire, by whom he had Iffue One Son Nicholas, and died, leaving faid Nicholas his Eldest Son and "Heir at Law. "That faid Nicholas who was Nicholas Barnewall "of Beggstown and Woodpark, and Petitioner's Grand"father, intermarried with Catherine Daughter of Ro"bert and Sister of John Lord Trimleftown, by whom " he had Iffue Four Sons, Mathew his Eldeft Son, "John his Second, Robert his Third Son, Edward his Fourth, and Two Daughters Elizabeth and Mar. garet. That faid Nicholas Barnewall of Beggstown and "Woodpark died in the Year One thousand feven hun "dred and thirty-five, leaving the faid Mathew his "Eldeft Son and Heir at Law. "That faid Mathew, who was Petitioner's Father, "intermarried first with Jane the Daughter of John "Sweetman, |