that this statute, is not obfolete, was virtually repealed by the firft of Queen Anne. That Sir James Lowther had actually fet forth in his petition that the lands in question had been ufurped, and were then of no value to the crown which was undoubtedly the fact, that the report of the Surveyor General which. was refused to be read, though united to the petition fet forth the expence Sir James Lowther muft be at in recovering the lands in queftion for the crown which had been fully confidered at the time of granting the leafe, nor could any man fay the King had been deceived.

All the judges gave a clear and decided opinion against the objections ariling on the ftatute of Henry IVth.-The laft objection was concerning a fubfifting term of two years, to which, though enforced by the engaging eloquence of Mr., Dunning, nobody would give any attention, as it seems the cafe, after having been toffed to and fro in the fea of legal uncertainty, had lately been determined in the court of Common Pleas, namely, That a term where the trust had been fatisfied could not be fet up to defeat the title of the owner.

Upon all these points, without pretending to fhow any title, except poffeffion, the council for the Duke of Portlandrefted their defence.

The court directed a fpecial verdict. The lawyers wrangled two hours in fettling of it. It was at laft agreed as follows:

The JURY find,

AS to all the premifes comprifed in the declaration, except two acres and a ftable with a piece of ground thereto adjoining; containing one rood, in the poffeffion of the defendant Jackfon, Not Guilty. That King James, in right of the crown, was feized of and demifed the premifes contained in the leafe to the Earl of Cumberland, at the time of making that lease. That King George the Third, in right of the crown, was feized of and demifed the premises contained in the leafe to Sir James Lowther at the time of making that lease.

That the premises in the poffeffion of Jackfon are parcel of those premises.

Find both the deeds prout. That 50l. was the antient rent contained in the Earl of Cumberland's leafe, except as is therein excepted. That 50l. was under the third part of the clear annually value of the premises contained in the leafe to Sir James Lowther, at the time of granting fuch lease.

The petition for Sir James Lowther's leafe prout, and that his leafe was made in confequence of that petition

Pol. Reg. Vol. X.

F

That

t

!..

That at the time Sir James Lowther prefented fuch petition, Sir James Lowther had a demife of the foreft of Ennerdale.

Mr. Wedderburn and the Attorney-General figned the paper, then the Attorney-General tore off his name.-Mr. Dunning declared he would never fign it, and gave the other party a challenge to meet to morrow at eleven, to settle the difpute. The old Chief Baron quite worn out, rofe up in fome emotion and declared the paper was the verdict of the Jury; and ordered the clerk to enter it up accordingly. Upon which his Lordfhip walked out of court, followed by his train-bearer, nor were the Jury long behind it, being by this time eleven at night, and the fuit in fuch a favourable train, that the bar may reasonably expect a three years crop will yet be taken by the lawyers on both fides, before a final decifion can poffibly be obtained.

Proceedings of the House of Commons of Ireland.

ON

N Wednesday (Nov. 13.) the Houfe refolved itfelf into a committee of accounts, Mr. Lill being chairman. Sundry motions were made by Mr. Barry, Mr. Flood, Mr. Wood, and Sir William Mayne, for ordering the proper officers to lay before the committee, fome very neceffary papers and accounts, among which were a lift of the licenfes granted by the Chief Governor, or Governors of Ireland, to penfioners to be abfent. An account from the Quartermafter-general of the particulars of the expenditure of a fum exceeding feven thousand pounds, charged to the account of furnishing lodgings to the troops, and ftabling for their horfes; alfo, the particular fums iffued by the Vice Treafurer, or his deputy, under the head of Concordatum.— This was observed to be the more neceffary, as by his Majefty's inftructions, if any money was iffued on that head, beyond a ftipulated fum, or without proper authority by King's letters, the Lord Lieutenant, or fuch of the Privy Council who figned the order for fuch payment, were to have the money fo iffued ftopped out of their respective falaries. And it was believed that there would appear a defalcation of 31,000l. which had been iffued contrary to those inftructions.

These motions were agreed to, though fome of the courtiers laboured hard to prevent that relating to the Quartermafter-general, under pretence that it could not be got ready in less than a fortnight. But Sir William Mayne foon re

moved

moved that objection, by faying, he did not doubt but the Quarter-matter-general kept regular books and entries of all money by him paid or expended; and that he would himfelf take the trouble of copying out the accounts, that public - bufinefs might not be delayed.

A little before five o'clock the committee adjourned, and the fpeaker resumed the chair, but the house did not fit long. The majority feemed very anxious to get away, which Sir William Mayne perceiving, faid, he would not then detain them, though he had fome very important mo tions to make, which he would therefore defer till the next day; adding, that he had been well informed, that certain commiffions had been made out, and were now kept fecret in this kingdom, in which were fame names, that, when known, would make Ireland tremble.

The House then adjourned at about half past five o'clock. On Wednesday, as foon as the Speaker took the chair, Sir William Mayne moved, " that as he had been informed "that the Quarter-mafter-general was not the proper officer "to lay before the House the Accounts he had moved for "the day before, concerning the expenditure of feven thou"fand pounds, as mentioned above, that the said Order દ might be difmiffed, and a fresh Order made for the proper "Officer to bring in the faid Account," which paffed in the affirmative.

He then moved, "that the proper Officers do lay before "the House the number of effective men, commiffion and "non-commiffioned Officers on the military establishment "at the concluding of the laft peace; and also at Lady "Day, 1771," which was agreed to.

It was alfo moved, "That an Account of the Expences "incurred by Government in carrying on Crown Profecu❝tions from the first of Auguft, 1767, to the first of Nov. 1771, inclufive, he laid before the House," this alfo was agreed to.

Some private Petitions were then received, read, and referred to feparate Committees, and then the Order of Nov. 9, was read, for the Houfe to refolve itself into a Committee of the whole Houfe, to confider on the heads of a Bill to prevent Delays of Justice by Reason of Privilege of Parliament; and accordingly the Speaker left the Chair, and the Committee fat, Mr. Le Hunte being Chairman, and made fome progrefs in that bill."

Laft Friday, the fitting was taken up in committees, infpecting public accounts, and examining Collectors of the

F 2

revenue

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revenue at the table of the Houfe. Nothing paffed remarkable, but the objection Mr. Anthony Malone made to the calling for fo many papers, and looking fo minutely into fo many articles; this, he faid, only delayed bufinefs, for to do the whole accurately would take up twenty years. He was answered, that if it would take up a thousand, it was neceffary that as much fhould be done as time would permit, that the nation might be fatisfied their reprefentatives did their duty.

The former part of the fittings on Saturday was employed in receiving petitions, and giving leave for heads of bills to be brought in. In which business nothing occurred but matters of form, except in one cafe; the Houfe was moved to give leave to bring in heads of "A bill for exempting "fuch waste and unprofitable lands as may be hereafter cul❝tivated, from taxes for a certain term." Col. Burton moved, to add after the word from, the words tythes and. This produced a debate; the friends of the Clergy were alarmed at the propofal, that any ground fhould be culti vated and rendered ufeful, without the Clergy reaping an immediate benefit., The Provoft and Mr. Scot fpoke ftrenuously against the amendment. The friends of the bill fhewed that many people were deterred from cultivating their wafte grounds, from their being immediately liable to tythes and taxes, before the improver had received any advantage. Whereas, if they had an exemption for feven years, it would produce more tythes and taxes than they could do, without. fome fuch encouragement. However, the motion was withdrawn, till a more unexceptionable title could be framed, and then it will be again moved for..

The capital bufinefs of the day then began. Mr. Flood acquainted the house, he had certain information, that the Jaw officers of the crown had been advised with, in regard to the legality, and that the Miniftry in England had been applied to, and, he believed the commiffions were made out for an addition of five more commiffioners of the revenue, That the customs and excife were to be divided into two diftin&t boards, the former to have feven commiffioners, and the latter to have five,. That fuch a new arrangement would be very deftructive to this nation, as it would not only increase the expences thereof, 50,000l. every year, for the falaries of the new commiffioners, the new officers under them, and building a new houfe for their reficence, and a new office to tranfact business in; but it would be of great hurt to trade, by obliging merchants to pay double fees,

and

and go to two offices to do that bufinefs, which they now do with ease and difpatch at one. He called upon the law officers, and the gentlemen of the Ministerial Bench, to contradict him if he was wrong, in faying fuch a step was in agitation; if they did not, he fhould take their filence for an avowal. They were filent; they answered not one word, and then he went on, and concluded with moving the House to come to a refolution to this purport, That it appears to this Houfe, that feven commiffioners of the revenue are fufficient to tranfact the bufinefs thereof."

Sir William Mayne feconded the motion of his honourable friend, and fhewed the impropriety and wanton cruelty of burthening the nation with the expence of new offices and unneceffary officers, at a time when it was groaning under a heavy debt, and little likely to be able to pay any of it. He faid, he fhould not be quite fo tender as his friend, but would fpeak the truth, however difagreeable it might be to the gentlemen on the other fide of the house. That he was aflured a regular plan was laid down for enflaving this nation; that new offices were created to keep men firm to the court intereft, by expectation of enjoying those places; that he did not doubt but each commiffion had been promised to five or fix different gentlemen; but that he was certain the defign was, after they had augmented the board, then to garble it, and put in a number of Englishmen fent from the other fide of the water to be checks over the reft, and fpies on the conduct of this country. That in order that it might not feem an innovation to introduce a number of men from Great Britain to our revenue board, one was to be appointed in the first commiffion, and that one was no other than the deteftable Sir Francis Bernard, late Governor of New-England, whofe ignominious behaviour, and arbitrary tyrannic proceedings there, well nigh loft the affections of our American fellow fubjects, and thereby hath rendered him a fit tool to fetter the people, of Ireland.

He added, that he was well informed that it was the intention of government, to prorogue the Parliament as soon as it had paffed the bill of fupplies. For as defpicable as the oppofition might be thought by fome people, it was ftill formidable enough to the British Miniftry, who dare not meet the British Parliament, while fuch an oppofition fubfifts in that of Ireland; for which reafon the British Parliament is not to meet till the 21ft of next January, by which time government. thinks to do all its bufinefs here, and prorogue this Parliament,

Mr.