House of Lords Journal Volume 33
January 1771

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History of Parliament Trust

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Year published

1767-1830

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37-45

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'House of Lords Journal Volume 33: January 1771', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 37-45. URL: http://british-history.ac.uk/report.aspx?compid=113540 Date accessed: 20 August 2014.


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Contents

Die Martis, 22o Januarii 1771.
E. Belvedere against Rochfort. E. Pomfret et Ux. against Smith et al. Ouchterlony against Willock et al. Certificate of the E. of Stair being chosen One of the 16 Peers for Scotland. Who takes the Oaths, &c. Bp Carlisle to preach on the 30th January. Bp. Hereford’s Petition referred to Judges. Bp. Durham et al. Petition referred to Judges. Pitchford to “take the Name of Cornish, Bill. Bill read. Gardiner’s Petition referred to Judges. O’Neill Townsend et Ux. et al. Gott against Gott. Dunkins against Noble. Arthur and Speirs against Hastie and Jamieson. Bruce against Bruce Carstairs, Cross Appeal. Knight’s Divorce Bill. Witnesses to be examined on the Anglesea Claim of Peerage. Adjourn. Die Veneris, 25o Januarii 1771.
Lord Apsley Lord Chancellor introduced. Takes the Oaths. Writ of Error. Judah against Watson et al. Marquis Carnarvan et al. Petition referred to Judges. Earl Chatham’s Appeal received, though out of time. Earl Chatham against Tothill and Western Underwood and Pybus Petition referred to Judges. Mrs. Perrott et al. Petition referred to Judges. Knox to enter into Recognizance on O Neil’s Appeal. Burns to enter into Recognizance on Dunkin’s Appeal. Pitchford to take the Name of Cornish, Bill. Knight’s Divorce Bill. Declaration and Acceptance relating to Falkland’s Island before House. Address to His Majesty for Papers relating to Falkland’s Island. Motion for Papers relating to any Negociation with France concerning Falkland’s Island not agreed to. Adjourn Die Lunæ, 28o Januarii 1771.
King’s Answer to Address of Friday last reported. Sutherland Claim of Peerage, Siting of Committee put off. Nuthall to enter into Recognizance on E. Chitham’s Appeal. Geddie et al. against Dempster, Committee revived. Knight’s Divorce Bill. Lady Midleton et al. Leave for a Bill: Bill read. Adjourn. Die Mercurii, 30o Januarii 1771.
Hutchison against the Representatives of James Shearer. Adjourn. Die Jovis, 31o Januarii 1771.
Thanks to the Bp. of Carlisle for his Sermon. Robinson to enter into recognizance on Gott’s Appeal Urquhart to enter into Recognizance on Arthur and another’s Appeal. knight’s Divorce Bill. Adjourn.

Die Martis, 22o Januarii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep, Cantuar.Dux Gloucester.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Londin.Comes Gower, Præses.Ds. Willoughby Par.
Epus. Duresm.ComesHalifax, C.P.S.Ds. Paget.
Epus: Bath. & Wells.Dux Richmond.Ds. Craven.
Epus. Wigorn.Dux Grafton.Ds. Trevor.
Epus. Litch. & Cov.Dux Bolton.Ds. Masham.
Epus. Norvicen.Dux Athol.Ds. Romney.
Epus. Lincoln.Dux Ancaster, Magnus Camerarius.Ds. King.
Epus. Oxon.Dux Manchester.Ds. Edgecumbe.
Epus. Meneven.Dux Northumberland.Ds. Sandys.
Epus. Asaphen.Comes Hertford, Camerarius.Ds. Hyde.
Epus. Carliol.comes Suffolk.Ds. Mansfield.
Epus. Petriburg.Comes Denbigh.Ds; Lyttelton.
Comes Peterborough.Ds. Sondes.
Comes Sandwich.Ds. Boston.
Comes Rochford.Ds. Pelham.
Comes Coventry.Ds. Lovel & Holland
Comes Jersey.Ds. Milton.
Comes Abercorn.Ds. Camden.
Comes Loudon.
Comes Marchmont.
Comes Stair.
Comes Ferrers.
Comes Dartmouth.
Comes Tankerville.
Comes Macclesfield.
Comes Waldegrave.
Comes Bucks.
Comes Darlington.
Comes Spencer.
Viscount Montague.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of a former Commission.

E. Belvedere against Rochfort.

The Answer of William Rochfort of the Kingdom of Ireland Esquire, to the Appeal of the Right Honourable Robert Earl of Belvedere in the said Kingdom was this Day brought in.

E. Pomfret et Ux. against Smith et al.

As was also, The Answer of Thomas Smith and others to the Appeal of George Earl of Pomfret, and Anna Maria Countess of Pomfret, his Wife:

Ouchterlony against Willock et al.

And also, The Answer of Robert Willock and others to the Cross Appeal of John Ouchterlony:

Certificate of the E. of Stair being chosen One of the 16 Peers for Scotland.

This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty’s Proclamation, is chosen to sit and vote in this House in the Room of John Duke of Argyle deceased.

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

May it please your Lordships,

I do hereby certify, That by virtue of His Majesty’s Royal Proclamation dated the 16th Day of November 1770, a Certificate under the Hands and Seals of James Pringle and Alexander Tait, Esquires, Two of the Principal Clerks of Session, attending the Election after mentioned, in virtue of the Lord Clerk Register’s Commission to them granted, have been delivered into the Crown Office in Chancery, whereby it appears that John Earl of Stair was elected and chosen to sit and vote in the House of Peers in this present Parliament, in the Room of John Duke of Argyll deceased. Given under my Hand this Twenty-first Day of January 1771.

“John Yorke, Clerk of the Crown in Chancery.”

Who takes the Oaths, &c.

Then his Lordship took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bp Carlisle to preach on the 30th January.

Ordered, That the Lord Bishop of Carlisle be, and he is hereby desired to preach before this House in the Abbey Church, Westminster, on Wednesday the 30th of this instant January.

Bp. Hereford’s Petition referred to Judges.

Upon reading the Petition of the Right Reverend Father in God James Lord Bishop of Hereford, praying Leave to bring in a Bill to enable the Petitioner to exchange Lands, pursuant to an Agreement in the Petition mentioned:

It is Ordered; That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

Bp. Durham et al. Petition referred to Judges.

Upon reading the Petition of Richard Lord “Bishop of Durham, William Lambton Esquire, Walter Smythe Esquire, and Mary his Wife, praying Leave to bring in a Bill for rendering valid and effectual certain Articles of Agreement in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr.Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Pitchford to “take the Name of Cornish, Bill.

Upon reading the Petition of Samuel Pitchford Esquire, Captain in the Royal Navy, praying Leave to bring in a Bill to enable the Petitioner and the Heirs Male of his Body to assume and use the Surname and Arms of Cornish only, pursuant to the Will of Sir Samuel Cornish. Baronet, deceased:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Accordingly,

Bill read.

The Lord Viscount Wentworth presented to the House a Bill, intituled, “An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Sir Samuel Cornish, deceased, pursuant to his Will:”

The said Bill was read the First Time.

Gardiner’s Petition referred to Judges.

Upon reading the Petition of Sackville Gardiner Esquire, Second Son of the Right Honourable Luke Gardiner Esquire, late of the City of Dublin in the Kingdom of Ireland, deceased, and of Luke Gardiner Esquire, Eldest Son and Heir at Law of the Right Honourable Charles Gardiner Esquire, deceased, who was the Eldest Son and Heir at Law of the said Right Honourable Luke Gardiner, deceased, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr.Baron Perrott who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

O’Neill Townsend et Ux. et al.

Upon reading the Petition and Appeal of John O’Neill Esquire, complaining of two Orders of the Court of Chancery in Ireland of the 12th and 14th Days of December 1770, made in a certain cause wherein the Reverend Richard Townsend Clerk, and Susanna his Wife, and Samuel Sedgeley Esquire, and Elizabeth his Wife,and another,were Plaintiffs; and Henrietta Barry,and John O'Neill Esquire, and others, were Defendants; and praying, “That the same may be reversed and set aside, or that the Appellant may have such Relief in the Premises as the Nature and Circumstances of the Case may require; and that the Reverend Richard Townsend Clerk, and Susanna. his Wife, Samuel Sedgeley, and Elizabeth his Wife, Henrietta Barry, Thomas Mulock, Robert Lawless, and John Dawson, may be required to answer the said Appeal:”

It is Ordered, That the said Reverend Richard Townsend, and Susanna his wife, Samuel Sedgeley, and Elizabeth his wife, Hemietta Barry, Thomas Mulock, Robert Lawless, and John Dawson, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Tuesday the 26th Day of February next; and Service of this Order ,upon the Clerks in Court, or Agents of the said Respondents in the said Court of Chancery in Ireland, shall be deemed good Service.

Gott against Gott.

Upon reading the Petition and Appeal of Sarah Gott Spinster, complaining of an Order of the Court of Chancery of the 12th of December 1770, and praying, “That the same may be reversed and set aside, or that the Appellant may have such Relief in the Premises as the Nature and Circumstances of the Case may require; and that Henry Thomas Gott Esquire may be required to answer the said Appeal:”

It is Ordered, That the said Henry Thomas Gott may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 14th Day of February next.

Dunkins against Noble.

Upon reading the Petition and Appeal of William Dunkin and James Dunkin Esquires, complaining of a Decretal Order of the Court of Chancery in Ireland of the 27th Day of November 1770 and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Mark Noble may be required to answer the said Appeal:”

It is Ordered, That the said Mark Noble may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 26th Day of February next; and Service of this Order upon the Attorney, Agent, or Six Clerks of the said Respondent in the said Court of Chancery in Ireland shall be deemed good Service.

Arthur and Speirs against Hastie and Jamieson.

Upon reading the Petition and Appeal of Robert Arthur Merchant in Irvine, and Alexander Speirs Merchant in Glasgow his Assignee, complaining of two Interlocutors of the Lords of Session in Scotland of the 12th and 22d of December 1770; and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Messieurs Hastie and Jamieson may be required to answer the said Appeal:”

It is Ordered, That the said Messieurs Hastie and Jamieson may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Tuesday the 19th Day of February next; and Service ot this Order upon any of the Procurators or Agents of the said Respondents, in the said Court of session in Scotland, shall be deemed good Service:

Bruce against Bruce Carstairs, Cross Appeal.

Upon reading the Petition and Cross Appeal of Miss Anna Bruce of Arnot, complaining of an Interlocutor of the Lords of session in Scotland of the 6th of December 1770, and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that James Bruce Carstairs of Kinross may be required to answer the said Appeal:”

It is Ordered, That the said James Bruce Carstairs may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 19th Day of February next; and Service of this Order upon any of the Counsel or Agents of the said Respondent in the said Court of session in Scotland, shall be denied good Service.

Knight’s Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Henry Knight Esquire, with Catherine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;” and for hearing Counsel for and against the same:

Counsel on both Sides were called in;

And the said Bill was read a Second Time.

Then Mr. Cox was heard in support of the Bill and to make out the Allegations thereof; and, in order to prove the Marriage, called Godfrey Faussett, who being sworn, produced a Copy of an Entry in the Register Book of Marriages of the Parish of Saint Ann’s Sohoand proving it to be a true Copy, the same was read, whereby it appeared, That Mr. and Mrs. Knight were married at the Parish Church of Saint Ann’s, Soho, on the 27th of March 1762.

And then he withdrew.

Then James Davis was called, in order to prove Criminal Conversation between Mr. Norris and Mrs. Knight; and being sworn, acquainted the House, “That he lived with Mrs. Knight as a Servant in January 1769 in Charles Street; that during the Time he lived with her Mr. Norris visited her every Day, and used to breakfast, dine, and sup there, and sometimes lay there; that there was but one Bed in Mrs. Knight’s, Room, and that he has heard them converse together as Man and Wife; that no other Person visited her except her Brother, and that Mr. Knight never came near her; that in June following they went to Ham Common; that Mr. Norris used to be with her there for a Week or a Fortnight together;, that she was ill several Times at Ham; that upon her coming from Ham, she was very big, and many People wished her a good Time.”

He was directed to withdraw.

Then Meliora Heaton was called in and being sworn acquainted the House, “That Mr. Norris and Mrs. Knight came to lodge in Park Street about October 1769; that they passed as Man and Wife, and went by the Name of Johnson; that they lay together; that she has seen them in Bed together; that Mrs. Knight lay in there, and was attended by Mr. West an Apothecary; that Mr. Norris paid for the Lodging, and all the Expences of her Lying-in; that they went away about a Fortnight after Mrs. Knight was brought to bed; that she knew Mr. Knight; that she never saw him there all the Time; and that no Message was sent to him of the Birth of the Child.”

She was directed to withdraw.

Then Thomas West, Apothecary, was called in, and being sworn, acquainted the House, “That he attended Mrs. Knight in Park Street; that she went by the Name of Johnson; that she was delivered of a Child there; that Mr. Norris was present at the Delivery that he supposed him to be the Father of the Child; and that he was paid by the said Mr. Norris ; that he afterwards attended her in Bond Street, where she went by the Name of Knight.”

He was directed to withdraw.

Then Richard Thompson, Man midwife, was called in, and being sworn, acquainted the House, “That he attended with Mr. West the said Lady; that she was just delivered before he came; that Mr. Johnson was present, and seemed very happy upon her safe Delivery; and that he paid him for his Attendance; that he afterwards heard the gentleman’s real Name was Norris”

He was directed to withdraw.

Then Mr. Holman, Deputy Register of the Consistory Court of the Bishop London, was called in, and being sworn, produced the Original Definitive Sentence of Divorce, in the said Court, against the said Mrs. Knight for Adultery with the said Mr. Norris.

And the same was read.

He was directed to withdraw.

Then Joseph White was called in, and being sworn, produced a Copy of the Judgement given in the Court of King’s Bench against the said Mr. Norris, for Criminal Conversation with the said Mrs. Knight.

And the same was read.

He was directed to withdraw.

Then Mr. Murphy, Counsel for Mrs. Knight, acquainted the House, “That he should not make Opposition to the Bill.”

The Evidence being finished:

The Counsel were directed to withdraw.

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

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

Witnesses to be examined on the Anglesea Claim of Peerage.

Ordered, That the Petition of Constantine Lord Mulgrave, praying, “That the Sitting of the Committee of Privileges, to whom the Anglesea Claim of Peerage stands referred, may be put off, in order to give him an Opportunity of producing some material Witnesses relating to the said Claim,” be refer to the said Committee, with Liberty for the Petitioner to be again heard by his Counsel, and Also to produce the said Witnesses before the Committee on Monday next; and that the Earl of Anglesea be Also at Liberty to be again heard by his Counsel, and Also to produce such Witnesses as he shall think proper before the said Committee.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regil declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Januarii, hora undecima Auroras, Dominus sic decernentibus.

Die Veneris, 25o Januarii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. CanturDux GowcesterDs. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Ds. Apsley, Cancellarius.Ds. Le Despencer.
Epus. Londin.Comes Gower, Præses.Ds. Abergavenny.
Epus. Duresm.Comes Suffolk, C. P, S.Ds. Willoughby Br.
Epus. Bath. & Wells.Dux Richmond.Ds. Willoughby Par.
Epus. Wigorn.Dux Grafton.Ds. Paget.
Epus. Litch. & Cov.Dux St. Albans.Ds. Craven.
Epus. Norvicen.Dux Bolton.Ds. Boyle.
Epus. Bangor.Dux Devonshire.Ds. Trevor.
Epus. Exon.Dux Marlborough.Ds. Masham.
Epus. Oxon.Dux Athol.Ds. Romney.
Epus. Meneven.Dux Ancaster, MagnusCamerarius.Ds. Cadogan.
Epus. Asaphen.Dux Manchester.Ds. Godolphin.
Epus. Carliol.Dux Bridgewater.Ds. Sandys.
Epus. Petriburg.Dux Northumberland.Ds. Ponsonby.
Comes Talbot, Senescallus.Ds. Vere.
Comes Hertford, Camerarius.Ds. Hyde.
Comes Huntingdon.Ds. Mansfield.
Comes Denbigh.Ds. Lyttelton.
Comes Peterborough.Ds. Sondes.
Comes Sandwich.Ds. Grantham.
Comes Essex.Ds. Boston.
Comes Garlisle.Ds. Pelham.
Comes Doncaster.Ds. Lovel & Holland
Comes Berkeley.Ds. Milton.
Comes Holdernesse.Ds. Beaulieu.
Comes Scarbrough.Ds. Camden.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Stair.
Comes Ferrers.
Comes Dartmouth.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Maccelsfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Orford.
Comes Bucks.
Comes Fitzwilliam.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Comes De Lawarr.
Comes Radnor.
Comes Spencer.
Comes Chatham.
Viscount Montague.
Viscount Say & Sele
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth

PRAYERS.

Lord Apsley Lord Chancellor introduced.

The Lord Privy Seal acquainted the House, “That His Majesty had been pleased to create the Honourable Henry Bathurst, Lord Chancellor of Great Britain, a Peer of this Realm.”

Whereupon his Lordship, taking in his hand the Purse with the Great Seal, retired to the Lower End of the House, and having there put on his Robes, was introduced. between the Lord Boston, and the Lord Pelham (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Lord Great Chamberlain, and the Deputy Earl Marshal of England, preceding. His Lordship laid down his Patent upon the Chair of State, kneeling, and from thence took and delivered it to the Clerk, who read the same at the Table, which bears Date the 24th of January in the Eleventh Year of His present Majesty, whereby is granted to his Lordship the Style and Title of Baron Apsley, of Apsley in the County of Sussex.

His Lordship’s Writ of Summons was also read as follows:

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 Wellbeloved Counsellor Henry Bathurst of Apsley, Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Churchy is now met at Our City of Westminster, We strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat, of the aforesaid Affairs, and to give your Advice ; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom, and Church, and the Dispatch of the said Affairs.

“Witness Ourself at Westminster, the Twenty-fourth Day of January, in the Eleventh Year of Our Reign.”

“Yorke.”

Takes the Oaths.

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the Lower End of the Barons Bench, and from thence went to the Upper End, of the Earls Bench, and sat there as Lord Chancellor, and then returned tb the Woolsack.

The House was adjourned during Pleasure.

The House was resumed.

Writ of Error.

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

Judah against Watson et al.

Wherein, Uriah Judah is Plaintiff, and Brook Watson and others are Defendants.

Marquis Carnarvan et al. Petition referred to Judges.

Upon reading the Petition of the Most Honourable James Brydges, commonly called Marquis of Carnarvan, the Right Reverend Father in God John Lord Bishop tof Winchester, Patron and Ordinary of the Rectory of Avington, in the County of Southampton, and. of Ellis Jones Clerk, Rector of the ,Parish and Parish Church of Avington aforesaid, praying Leave to bring in a Bill for rendering effectual an Exchange of Lands, pursuant to an Agreement in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Ashurst, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Earl Chatham’s Appeal received, though out of time.

Upon reading the Petition of William Earl of Chatham, setting forth, “That on the 23d Day of June. last, a Decree of the High Court of Chancery was pronounced by the Lords Commisioners for the Custody of the Great Seal of Great Britain, in a Cause wherein William Daw Tothill Esquire was Plaintiff, and the Petitioner and Maximilian Western Esquire were Defendants: That the said Decree was not left to be entered in the Register’s Office in the said High Court of Chancery until the 1st Day of December now last past; and the Petitioner having been advised by his Counsel that the said Decree is erroneous, and the Petitioner aggrieved thereby the Petitioner has appealed there from s That by a Standing Order of this House, such Appeal should have been lodged within Fourteen Days from the Day of entering such Decree; but the Petitioner was not able to get his said Appeal prepared and signed by his Counsel in that Time: That this House having adjourned on the 21st Day of December last, only Five Days elapsed from the Entry of the said Decree to the Time of such Adjournment over, and above the Fourteen Days by the, said Standing Order allowed to present such Appeal;” and therefore praying their Lordships, “That his said Appeal may now be presented to this House, and that the Respondents William Daw Tothill, and Maximilian Western, Esquires, may be required to put in their Answer thereto:”

It is Ordered, That the said Appeal be received as desired.

Earl Chatham against Tothill and Western

Accordingly, upon reading the Petition and Appeal of the Right Honourable William Earl of Chatham, complaining of a Decree of the court of Chancery of the 23d Day of June 1770, and praying, “That the same may be reversed, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that William Daw Tothill and Maximilian Western may be required to, answer the said Appeal:”

It is Ordered, That the said William Daw Tothill and Maximilian Western may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 8th Day of February next.

Underwood and Pybus Petition referred to Judges.

Upon reading the Petition of the Reverend Benjamin Underwood Clerk, Master of Arts, Rector of the Parish or Parish Church of East Barnett in the County of Hertford, and John Pybus of Chipping Barnett in the County aforesaid, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Willes, and Mr. justice Ashurst, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also, that the Judges, having perused the Bill, do sign the same.

Mrs. Perrott et al. Petition referred to Judges.

Upon reading the Petition of Frances Perrott Widow, Benjamin Jason Perrott, John Stanford Perrott, Robert Warren Perrott, Benjamin Perrott Webb, Frances Perrott Spinster, James Holbrooke, and Catherine his Wife, and William Parker, and Celia his Wife; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr.justice Gould, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Knox to enter into Recognizance on O Neil’s Appeal.

The House being moved, “That Robert Knox Gentleman, may be permitted to enter into a Recognizance for John O’Neill Esquire, on account of his Appeal depending in this House, he residing in Ireland:

It is Ordered, That the said Robert Knox Gentleman, may enter into a Recognizance for the said Appellant, as desired.

Burns to enter into Recognizance on Dunkin’s Appeal.

The House being moved, “That James Burns of King Street; Covent Garden, may be permitted to enter into a Recognizance for William Dunkin and James Dunkin Esquires, on account of their Appeal depending in this House, they residing in Ireland:

It is Ordered, That the said James Burns may enter into a Recognizance for the said Appellants, as desired.

Pitchford to take the Name of Cornish, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname, and bear the Arms of Sir Samuel Cornish deceased, pursuant to his Will.”

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

Ld. President.L. Abp. Canterbury.L. Harwich
Ld. Privy Seal.L. Abp. York.L. Le Despencer.
D. Richmond.L. Bp. London.L. Abergavenny.
D. Grafton.L. Bp. Durham.L. Willoughby Br.
D. St.Albans.L. Bp. Bath & Wells.L. Willoughby Pr.
D. Bolton.L. Bp. Worcester.L. Paget.
D. Devonshire.L. Bp. Litch. & Cov.L. Craven.
D. Marlborough.L. Bp. Norwich.L. Boyle.
D. Athol.L. Bp. Bangor.L. Trevor.
D. Ancaster.L. Bp. Exeter.L. Masham.
D. Manchester.L. Bp. Oxford.L. Romney.
D. Bridgewater.L. Bp. St. David’s.L. Cadogan.
D. Northumberland.L. Bp. St. Asaph.L. Godolphin.
Ld. Steward. L. Bp. Carlisle.L. Sandys.
Ld. ChamberlainL. Bp. PeterboroughL. Ponsonby.
E. Huntingdon.L. Vere.
E. Denbigh.L. Hyde.
E. Peterborough,L. Mansfield.
E. Sandwich.L. Lyttelton.
E. Essex.L. Sondes.
E. Carlisle.L. Grantham.
E. Doncaster.L. Boston.
E. Berkeley.L. Pelham
E. HoldernesseL. Lovel & Holland
E. ScarboroughL. Milton.
E. Rochford.L. Beaulieu.
E. Coventry.L. Camden.
K. Jersey.
E. Poulet.
E. Cholmondeley.
E. Abercorn.
E. Loudon.
E. Marchmont.
E. Stair.
E. Ferrers.
E. Dartmouth.
E. Tankerville,
E. Bristol.
E. Halifax.
E. Macclesfield.
E. Pomfret.
E. Kerr.
E. Waldegrave.
E. Orford.
E. Bucks.
E. Fitzwilliam,
E. Cornwallis.
E. Hardwicke.
E. Darlington.
E. De Lawarr.
E. Radnor.
E. Spencer.
E. Chatham.
V. Montague.
V. Say & Sele.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Wentworth.

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

Knight’s Divorce Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, “An Act to dissolve the Marriage of Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable him to marry again; and for other purposes therein mentioned:”

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

Declaration and Acceptance relating to Falkland’s Island before House.

The Earl of Rochford (by His Majesty’s Command) laid before the House,

Copy of the Declaration signed and delivered by Prince de Masserano, Ambassador Extraordinary from His Catholic Majesty, the 22d January 1771, together with a Translation;”

And also, “Copy of the Acceptance, by the Earl of Rochford, in His Majesty’s Name, the 22d January 1771, of the Spanish Ambassador’s Declaration of the same Date, together with a Translation;”

And the Titles thereof being read by the Clerk ;

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

Moved, “That the said Papers be now read:”

The same were accordingly read by the Clerk.

Moved, “That the said Papers be again read:”

The same were accordingly again read by the Clerk.

Address to His Majesty for Papers relating to Falkland’s Island.

Ordered, That, an humble Address be presented to His Majesty, that He will be graciously pleased to give Directions that there be laid before this House.

Copies of all Claims and Propositions of the Court of Spain relative to Falkland'ss Island since the First Settlement of it by His Majesty’s Orders; together with such Answers as have been given by any of the King’s Ministers to such Claims or Propositions:

And also, Copies or Extracts of all Letters and other Papers containing any Intelligence received by any of His Majesty’s Principal Secretaries of State, or by the Commissioners for executing the Office of Lord High Admiral of Great Britain, or by any other of His Majesty’s Ministers since the 1st Day of January 1770, touching any Hostilities actually commenced by, or any Warning or other Measures indicating any hostile Intention of, the Crown of Spain, or any of its Officers, against His Majesty’s Island called Falkland’s Island; and all Accounts of the Reduction and Capitulation Of the same:

And also, Copies of all Requisitions and Demands made thereupon to the King of Spain, or any of his Ministers, and for such Reparation and Satisfaction as His Majesty had a Right to expect for the Injury He had received by the Insult upon the Honour of His Crown, in the Seizure by Force of the said Island; and for obtaining Security for the Rights of His People, which were deeply affected by the said Injury; with all Answers to the said Requisitions and Demands:

And also Copies or Extracts of all Letters and Instructions sent thereupon to His Majesty’s Minister at Madrid, and of all Letters relating thereto received from the said Minister by any of His Majesty’s Principal Secretaries of State, or other Ministers at Home.

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

Motion for Papers relating to any Negociation with France concerning Falkland’s Island not agreed to.

Then it was moved, “That an humble Address be presented to His Majesty, that lie will be graciously pleased to give Directions that there be laid before this House, Copies or Extracts of all Memorials and other Papers which have patted between any of His Majesty’s Ministers, and the Ministers of the French King, relating to the seizing by Force His Majesty’s Island called Falkland’s Island, by the Spaniards, and relating to the Negociations had thereupon with the Court of Spain if any such Negociation with the Court of France hath been had.”

Which being objected to;

After Debate,

The Question was put thereupon,

It was resolved in the Negative.

Moved, “To adjourn to Monday next.”

Accordingly,

Adjourn

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

Die Lunæ, 28o Januarii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Dux Gloucester.Ds. Willoughby Br
Epus. Londin.Ds. Apsley, Cancellarius.Ds. Willoughby Par
Epus. Cicestrien.Comes Gower, Præses. Ds. Godolphin.
Epus. Meneven.Dux Richmond:Ds. Sandys.
Epus. Asaphen.Dux St. Albans:Ds. Ponsonby.
Epus. Petriburg.Dux Athol.Ds. Hyde.
Dux Ancaster, Magnus Camerarius.Ds Mansfield,
Dux Bridgewater.Ds. Lyttelton.
Comes Talbot, Senescallus.Ds. Sondes.
Comes Hertford, Camerarius.Ds. Scarsdale.
Comes Denbigh,Ds. Boston:
Comes Doncaster.
Comes Rochford.
Comes Errol.
Comes Abercorn.
Comes Marchmont
Comes Stair.
Comes Oxford.
Comes Dartmouth:
Comes Bristol.
Comes Halifax.
Comes Macclesfield:
Comes Radnor.
Viscount Weymouth
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

King’s Answer to Address of Friday last reported.

The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Friday last, for the Papers therein mentioned; and that His Majesty was pleased to say, He would give Directions accordingly.”

Sutherland Claim of Peerage, Siting of Committee put off.

A Petition of Sir Robert Gordon Baronet, was presented and read, setting forth, “That, in consequence of a Petition of Lady Elizabeth, Wemyss, Sister of William late Earl of Sutherland, their Lordships were pleased in the Session before last to put off for that Session the Hearing of the several Claims to this Peerage 5 and last Session their Lordships again thought proper, on the Petition of One of the Claimants of the Dignity, Lady Elizabeth, Daughter of the said last Earl, to put off the Hearing to this present Session of Parliament, with Liberty to publish an additional Case, under a Direction of communicating the same to the other Parties on or before the First of September last: .That, towards the Middle of November in place of First September, art additional Case, consisting of no less than 268 printed Pages, was brought in by the Claimant Lady Elizabeth ; and the Petitioner, anxious to have the Question determined, soon after applied to their Lordships, and had the Hearing appointed for Monday the 4th of February next: That the Petitioner having since, in the course of an Examination into the Records for the Evidence referred to in such additional Case, discovered many Errors, Misstatings, and Misrepresentations in the same; and notwithstanding the most constant Application to the Records, it having been out of his Power yet to complete such Examination; and as it will save their Lordships much Trouble that the Evidence he means to bring for proving these Errors, Misstatings, and Misrepresentations, be printed; and as the other Claimants have been indulged with repeated Delays, the Petitioner humbly prays their Lordships to put off the Hearing of the several Claims to this Peerage for Three Weeks, and to allow the Petitioner in the mean Time to print his said Evidence:”

Whereupon,the Agents forthe Claimants were called in, and heard at the Bar:

Then Mr. John Dalrymple was called in, and examined upon Oath in relation to the Allegations of the said Petition.

They were directed to withdraw.

Ordered, That the Sitting of the Committee of Privileges, to whom the Hearing of these several Claims stands referred, be adjourned to this Day Fortnight, with Liberty to all Parties to print and lay before the House such Matters of Evidence as they shall think proper, but nothing else.

Nuthall to enter into Recognizance on E. Chitham’s Appeal.

The House being moved, “That Thomas Nuthall Esquire, may be permitted to enter into a Recognizance for William Earl of Chatham, on account of his Appeal depending in this House, he being in the Country:”

It is Ordered, That the said Thomas Nuthall Esquire, may enter into a Recognizance for the said Appellant, as desired.

Geddie et al. against Dempster, Committee revived.

Ordered, That the Committee, to whom the Appeal of Robert Geddie Junior, and others, from an Interlocutory Judgement or Decretal Order of the Lord Justice Clerk and Commisioners of Justiciary in Scotland, be revived, and meet on this Day Month.

Knight’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 Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:”

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

Lady Midleton et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Slight Honourable Albinia Viscountess Dowager Middleton, and others, praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for explaining and amending an Act, intituled, “An Act for vesting Part of the Fee Simple Estate of George late Lord Viscount Midleton of the Kingdom of Ireland, in Trustees, to be sold for paying the Debts, Legacies, and Incumbrances, mentioned in and appointed to be paid by his Will; and for executing and effectuating several Contracts entered into by him for selling and leasing divers Farms and Lands in Ireland and for making the Exemplification of his Will, Evidence in Law and Equity.”

Adjourn.

Dominus Cancellarius declaravit præsens Parliament turn continuandum else usque ad et in diem Mercurii, tricesimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 30o Januarii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Oxon.Ds. Apsley,Cancellarius.
Epus. Carliol
Epus. Petriburg.

PRAYERS;

Hutchison against the Representatives of James Shearer.

Ordered, That the Cause wherein William Hutchison is Appellant, and the Representatives of James Shearer, and others, are Respondents, which stands appointed for Hearing Tomorrow, be put off to Wednesday next;

Then, in order to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

Die Jovis, 31o Januarii 1771.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Norvicen.Ds. Apsley, Cancellarius.Ds. Willoughby Par,
Viscount Wentworth.Ds. Lyttelton.
Ds. Boston.

PRAYERS.

Thanks to the Bp. of Carlisle for his Sermon.

Ordered, That the Thanks of this House be, and are hereby given to the Lord Bishop of Carlisle, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Robinson to enter into recognizance on Gott’s Appeal

The House being moved, “That Morris Robertson of Chancery Lane, London, Gentleman, may be permitted to enter into a Recognizance for Sarah Gott Spinster, on account of her Appeal depending in this Ho se, she residing in the Country:”

It is Ordered, That the said .Morris Robinson may enter into a Recognizance for the said Appellant, as desired.

Urquhart to enter into Recognizance on Arthur and another’s Appeal.

The House being moved, “That George Urquhart Gentleman, may be permitted to enter into a Recognizance for Robert Arthur Merchant; and another, on account of their Appeal depending in this House, they living in Scotland:”

It is Ordered, That the said George Urquhart Gentleman, may enter into a Recognizance for the said Appellants, as desired;

knight’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 Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:”

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.