House of Lords Journal Volume 33
February 1772, 1-10

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History of Parliament Trust

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1767-1830

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237-245

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'House of Lords Journal Volume 33: February 1772, 1-10', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 237-245. URL: http://british-history.ac.uk/report.aspx?compid=113555 Date accessed: 21 October 2014.


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Contents

Die Lunæ, 3o Februarii 1772.
Panter et al. against Attorney General. GedDie and Mackintosh against Dempster, Appeal from the Justiciary referred to a Committee. >Panter and another against Attorney General. Scott against L. Falconar et al. et e con. Interlocutors affirmed, with a Variation, and Appelant in original Appealant to pay cross. E Pomfret et Ux. against Smith et al. Lords summoned. Time limited for peering Petitions for Private Bill. Willock against Ouchterlony. Witness to attend on T. Ligonier’s Divorce Bill. Burton et al. against Lane. Adjourn. Die Martis, 4o Februarii 1772.
Sinclair et al. against Dunbar et al. Campbell et. al against Hastie. D.Leeds takes the Oaths. L. Bathurst and L. Apsley, Petition referred to Judges. Lewis, for a Divorce Bill: Bill read. E Rothes against Sir John Anstruther. Grant against Duff et al. Sinclair et al. against Sir William Dunbar. E Rothes against Sir John Anstruther. Longlands to enter into Recognizance on Duncans and Steven’s Appeal. Gentil’s Nat. Bill. Poel’s Nat. Bill. Meyerhoff’s Nat. Bill. Laudumiey’s Nat. Bill. Rive and Menet’s Nat. Bill. Campbell et al. against Hastie. Graham et al. against Lindsay et al. Adjourn. Die Mercurii, 5o Februarii 1772.
Grant against Duff et al. Countess Morton et al. against Morton and Pringle Macdonald against Macdonald. Wauchope against Mac Dowall et al. Randall against Metcalfe et al. Meyhehoff’s Nat. Bill. Poel’s Nat. Bill. Laudumiey’s Nat. Bill. Gentil’s Nat. Bill. Rive and Menet’s Nat. Bill. Proceedings of Commissioners for Westminster Bridge delivered. Randall against Russell et al. Grant against Duff et al. Wilson to enter into Recognization on L. Milton’s Appeal. Adjourn. Die Jovis, 6o Februarii 1772.
Kenrick and Skey against Hudson. Writs of Error. De Costa against Sutton: Hanforth against Taylor. To prohibit the Exportation of Corn, &c. Bill. Importation of Irish Provisions, Bill. Jequier Nat. Bill. Meyerhoff’s Nat. Bill. Poel’s Nat. Bill. Gentil’s Nat. Bill. Laudumniey’s Nat. Bill. Barry, Petition referred to Judges. To prohibit the Exportation of Corn, &c. Bill. Importation of Irish Provisions, Bill. Fullerton et al. Petition referred to Judges. Petition of L. Conyngrham to receive his Appeal, though out of Time. L. Conyngham against Attorney General in Ireland et al. Witnesses to attend on Draper’s Divorce Bill. Adjourn. Die Vendris, 7o Februarii 1772.
Collins against Sawrey et al. Gentil’s Nat. Bill: Meyerhoff’s Nat. Bill: Poel’s Nat. Bill: Laudumiey’s Nat. Bill: Message to H. C that the Lords have agreed to the Four preceding Bills. Jequier’s Nat. Bill. To prohibit the Exportation of Corn, &c. Bill. Importation of Irish Provisions, Bill. Carstairs against Bruce. Countess Morton et al against Morton and Pringle. Palmer to enter into Recognizance on Burton’s et al. Appeal. Witnesses to attend on Lewis’s Divorce Bill. To prohibit the Exportation of Corn, &c. Bill. Importation of Irish Provisions, Bills. Message to H.C. that the Lords have agreed to the Two preceding Bills. Causes put off. Adjourn. Die Lunæ, 10o Februarii 1772.
Collins against Sawrey et al. Decree affirmed. Address of Condolence to His Majesty on the Death of the Princess Dowager of Wales. De la Rive and Menet’s Nat. Bill. Causes put-off. Adjourn.

Die Lunæ, 3o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Cicestrien.Comes Gower, Præses.Ds. Willoughby Br.
Epus. Norvicen.Dux Bolton.Ds. Hyde.
Epus. Lincoln.Dux BridgewaterDs. Mansfield.
Epus. Carliol.Comes Suffolk.Ds. Sondes.
Epus. Cestrien.Comes Denbigh.Ds. Boston.
Epus. Litch. & Cov.Comes Westmorland.
Comes Sandwich.
Comes Doncaster.
Comes Abercorn.
Comes Oxford.
Comes Hardwicke.
Comes Radnor.
Comes Spencer.

PRAYERS.

Panter et al. against Attorney General.

The Answer of His Majesty’s Attorney General to the Appeal of William Panter and others, was this Day brought in.

GedDie and Mackintosh against Dempster, Appeal from the Justiciary referred to a Committee.

Upon reading the Petition and Appeal of Robert Gedddie Junior, Merchant in Cupar in Fife, and Robert Mackintosh Esquire, Prosecutors with Concourse of His Majesty’s Advocate, for His Majesty’s Interest; complaining of an Interlocutory Judgement or Decretal Order of the Court of the Lord Justice Clerk and Commissioners of Justiciary in Scotland, of the 1st of August 1768; and praying, “That the same may be reversed, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom and Justice, mail seem meet; and that George Dempster may be required to answer the said Appeal:”

It is Ordered, That the said Appeal be referred to the Lords following, who are appointed a Committee to consider thereof, and to report to the House, whether the same be properly brought:

Ld. President.L. Abp. Canterbury.L. Harwich.
D. Bolton.L. Bp. ChichesterL. Willoughby Br.
D. Bridgewater.L. Bp. Norwich.L. Hyde.
E. Suffolk.L. Bp. Lincoln.L. Mansfield.
E. Denbigh.L. Bp. Carlisle.L. Sondes.
E. Westmorland.L. Bp. Chester.L. Boston.
E. Sandwich.L. Bp. Litch. & Cov.
E. Doncaster.
E. Abercorn.
E. Oxford.
E. Hardwicke.
E. Radnor.
E. Spencer.

Their Lordships, or any Five of them, to meet on the 2d Day of March next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

>Panter and another against Attorney General.

The House being moved, “That a Day may be appointed for hearing the Cause wherein William Banter and another are Appellants, and His Majesty’s Attorney General is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for causes after those already appointed.

Scott against L. Falconar et al. et e con.

After hearing Counsel, as well on Friday last as this Day, upon the original Petition and Appeal of James Scott of Brotherton Esquire, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 5th of August 1762, the 21st of January, and 11th of February 1763; of Two Interlocutors of the Lords of Session there, of the 30th of June and 15th of July 1763; and also of Two other Interlocutors of the said Lords, of the 4th of July and 22d of November 1769; and praying, “That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” and likewise upon the Cross Appeal of William Lord Falconar of Halkerton, Thomas Carnegie of Craigie, Robert Scott of Logie, formerly Milne of Hatton, Robert Tailour of Kirktonhill, and others, Proprietors of Salmon Fishings on the River of Northest; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 4th of July, 22d of November, and 14th of December 1769; and praying, “That the same might be reversed, varied, or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of William Lord Falconar of Halkerton, Thomas Carnegie of Craigie, Robert Taylor of Kirktonhill, Robert Mill of Hatton, having also the Name and Stile or Addition of Robert Scott of Logie, and John Mackenzie of Woodstock, put in to the said original Appeal; and the Answer of James Scott of Brotherton Esquire, put in to the said Cross Appeal; and due Consideration had of what was offered on all Sides in these Causes:

Interlocutors affirmed, with a Variation, and Appelant in original Appealant to pay cross.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of, in and by the said Original and Cross Appeals, be, and the same are hereby affirmed, with the following Variation; (videlicet), In the Interlocutor of the 4th of July 1760, complained of by the said Cross Appeal, after the Words [“to take the same out from the Cruives”] to leave out the Words [“in Fishing Time”], and instead thereof to insert the Words [“in Times of Flood”]; and after the Words [“but that it is sufficient”], to insert the Words [“at such Times”]; and it is further ordered, That the Appellant in the Original Appeal do pay to the Respondents in the said Appeal the Sum of One hundred Pounds for their Costs in respect of the said Appeal.

E Pomfret et Ux. against Smith et al.

The Answer of Thomas Smith and others to the Appeal of the Earl and Countess of Pomfret was this Day brought in.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Thursday next.

Time limited for peering Petitions for Private Bill.

Ordered, That this House will not receive any Petition for a Private Bill after Thursday the 5th Day of March next.

Willock against Ouchterlony.

A Petition of John Ouchterlony Esquire, Respondent in a Cause depending in this House, wherein Robert Willock and others are Appellants, which stands appointed for hearing on Wednesday next, was presented and read; praying, “In regard the Petitioner’s Counsel, who conduced this cause in the Court below, and who is particularly acquainted with all the Points in it, cannot leave Edinburgh, where the Courts are sitting, till March next, That the Hearing of this Cause may be put off to the 20th of March next, or such other Day thereafter, as to their Lordships shall seem proper.”

And thereupon the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Thursday the 20th Day of March next, as desired.

Witness to attend on T. Ligonier’s Divorce Bill.

Ordered, That Thomas Johnson, John Weilley, George Pope, Elizabeth Clulton, Ann Heath, Robert Lander, Ann Nicholls, Ann Bartholemew, Mullins Capps, and Lydia Stockdale, do attend this House on Tuesday the 11th of this instant February, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of the Right Honourable Edward Viscount Ligonier with Penelope Pitt, and to enable him to marry again; and for other Purposes therein mentioned.”

Burton et al. against Lane.

Upon reading the Petition and Appeal of William Barton, Nathaniel Taylor, and Godfrey Taylor Esquires, complaining of an Order of the Court of Chancery in Ireland, of the 1st of June 1770; and praying, “That the same may be reversed, or to grant the Appellants such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Lane Esquire, may be required to answer the said Appeal:”

It is Ordered, That the said William Lane Esquire, may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 9th Day of March next; and Service of this Order on the Attorney, Agent, or Six Clerk, for the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 4o Februarii 1772.

Domini tam Spirituales quam Temporalis præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Le Despencer.
Epus. Londin.Dux Leeds.Ds. Boston.
Epus. Glouceseter.Comes Denbigh.
Epus. Litch. & Cov.Comes Westmorland.
Comes Abercorn.
Comes Macclesfield.
Comes Pomfret.
Viscount Montague.
Viscount Say & Sele.
Viscount Weymouth.

PRAYERS.

Sinclair et al. against Dunbar et al.

The Answer of Sir William Dunbar of Hempriggs Baronet, and others, to the Appeal of John Sinclair Esquire and others, was this Day brought in:

Campbell et. al against Hastie.

As was also, the Answer of John Hastie Schoolmaster of Campbell Town, to the Appeal of Patrick Campbell and others.

D.Leeds takes the Oaths.

Thomas Duke of Leeds took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

L. Bathurst and L. Apsley, Petition referred to Judges.

Upon reading the Petition of Allen Lord Bathurst, and Henry Lord Apsley, on Behalf of themselves and the Honourable Henry Bathurst and Apsley Bathurst, Sons of the said Henry Lord Apsley; praying Leave to bring in a Bill, for Sale of a Capital Freehold Messuage in the Petition mentioned,, and for settling an Estate in the County of Northampton, of greater Value, in Lieu thereof:

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 Smythe, 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.

Lewis, for a Divorce Bill:

Upon reading the Petition of Hugh Lewis of the Parish of Saint Michael, Cornhill, London; praying Leave to bring in a Bill to dissolve his Marriage with Susanna Hale otherwise Hale, his now Wife, and to enable him to marry again, in such Manner as to their Lordships should seem meet:

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

Bill read.

Whereupon, The Lord Boston presented to the House a Bill, intituled, “An Act to dissolve the Marriage of Hugh Lewis with Susanna Hale, otherwise Heale, his now Wife, and to enable him to marry again, and for other Purposes therein mentioned.”

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 19th Day of this instant February, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Hugh Lewis may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Susanna Hale, otherwise Heale, may have a Copy of the said Bill, and that Notice be given her of the said Second Reading and that the be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill at the same Time.

E Rothes against Sir John Anstruther.

The Answer of Sir John Anstruther Baronet to the Appeal of the Earl of Rothes was this Day brought in.

Grant against Duff et al.

Upon reading the Petition and Appeal of Major General Francis Grant, Colonel of the Sixty-third Regiment of Foot; complaining of Two Intel locutors of the Lords of Session in Scotland, of the 31st of January 1772; and praying, “That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Duff of Logie, Keith Urquhart of Meldrum, Alexander Stronach of Knock, Ensign James Duff of the First Regiment of Foot Guards, James Duff Sheriff Clerk of Bamff, and William Rose of Sherifftown, may be required to answer the said Appeal:”

It is Ordered, That the said Robert Duff, Keith Urquhart, Alexander Stronach, Ensign James Duff, James Duff, and William Rose, 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 3d Day of March next; and Service of this Order on the said Respondents, or their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Sinclair et al. against Sir William Dunbar.

The House being moved, “That a Day may be appointed for hearing the Cause wherein John Sinclair Esquire and others are Appellants, and Sir William Dunbar of Hempriggs Baronet is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

E Rothes against Sir John Anstruther.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Earl of Rothes is Appellant, and Sir John Anstruther Baronet is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Longlands to enter into Recognizance on Duncans and Steven’s Appeal.

The House being moved, “That Thomas Longlands may be permitted to enter into a Recognizance for Margaret and Elizabeth Duncans and John Steven Husband to the said Margaret, on Account of their Appeal depending in this House, they residing in Scotland:”

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

Gentil’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing Henry Gentil;” to which they desire the Concurrence of this House.

Poel’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing John Poel;” to which they desire the Concurrence of this House.

Meyerhoff’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An act for naturalizing Diederich Meyerhoff;” to which they desire the Concurrence of this House.

Laudumiey’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing Francis Darius Laudumiey;” to which they desire the Concurrence of this House.

Rive and Menet’s Nat. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for naturalizing Peter Lewis de la Rive and Francis Menet;” to which they desire the Concurrence of this House.

The said Five Bills were severally read the First Time.

Campbell et al. against Hastie.

The House being moved, “Thata Day may be appointed for hearing the Cause wherein Patrick Campbell of Knap and others are Appellants, and John Hastie is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Graham et al. against Lindsay et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Graham and others are Appellants, and William Lindsay and others are Respondents:”

It is Ordered, That the House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 5o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.Ds. Apstey, Cancellarius.Ds. King.
Epus. Cestrien.Comes Gower, Præses.Ds. Hyde.
Epus. Litch. & Cov.Comes Denbigh.Ds. Sondes.
Comes Rochford.Ds. Boston.
Comes Abercorn.Ds. Milton.
Comes Dartmouth.
Viscount Say & Sele.
Viscount Courtenay.

PRAYERS.

Grant against Duff et al.

The Answer of Captain Robert Duff others, to the Appeal of Major General Francis Grant, was this Day brought in:

Countess Morton et al. against Morton and Pringle

As was also, the Answer of Sholto Charles Earl of Morton and Robert Pringle, to the Appeal of the Countess of Morton and others:

Macdonald against Macdonald.

And also, the Answer of Colin Macdonald of Brisdale, to the Appeal of Ranald Macdonald Esquire:

Wauchope against Mac Dowall et al.

And also, the Answer of John Mac Dowall and others, to the Appeal of Andrew Wauchope Esquire:

Randall against Metcalfe et al.

And also, the Answer of Lascelles Metcalfe Esquire and others, to the Appeal of Willam Randall Esquire:

Meyhehoff’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Diederich Meyerhoff”

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

Ld. President.L. Abp. York.L. King.
E. Denbigh.L. Bp. Chester.L. Hyde.
E. Rochford.L. Bp. Litch.& Cov.L. Sondes.
E. Abercorn.L. Boston.
E. Dartmouth.L. Milton.
V. Say & Sele.
V. Courtenay.

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.

Poel’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Poel.”

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.

Laudumiey’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Francis Darius Laudumiey.”

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.

Gentil’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Henry Gentil.”

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.

Rive and Menet’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Peter Lewis de la Rive and Francis Menet.”

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.

Proceedings of Commissioners for Westminster Bridge delivered.

The House being informed, “That Mr. Seddon from the Commissioners of Westminster Bridge, attended:”

He was called in; and delivered at the Bar, pursuant to several Acts of Parliament, Two Books, containing:

A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 12th Day of December 1770 to the 29th Day of January 1772 inclusive.

Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1770 to the 5th Day of January 1772; together with a Rent Roll and an Account of Bridge Rents received from 5th July 1770 to 5th July 1771:”

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Randall against Russell et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Randall is Appellant, and Metcalfe Russell and others are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Grant against Duff et al.

The House being moved, “That a Day may be appointed for heating the Cause, wherein Major General Francis Grants Colonel of the Sixty-third Regiment of Foot, is Appellant, and Robert Duff and others are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Wilson to enter into Recognization on L. Milton’s Appeal.

The House being moved, That George Wilson of Sywonds Inn Gentleman may be permitted to enter into a Recognizance for the Right Honourable Joseph Lord Milton, on Account of his Appeal depending in this House:”

It is Ordered, That the said George Wilson may enter into a Recognizance for the said Appellant as dedesired.

Adjourn.

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

Die Jovis, 6o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep.Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præses.Ds. Le Despencer.
Epus. Londin.Dux Grafton.Ds. Willoughby Br.
Epus. Cicestrien.Dux Bolton.Ds. Willoughby Par.
Epus. Sarum.Dux Gordon.Ds. Paget.
Epus. Glouceseter.Dux Ancaster, Magnus Camerarius.Ds. Craven.
Epus. Oxon.Dux Manchester.Ds. Trevor.
Epus. Landaven.Dux Dorset.Ds. Masham.
Epus. Petriburg.Dux Bridgewater.Ds. King.
Epus. Cestrien.Comes Hertford, Camerarius.Ds. Montfort.
Epus. Litch. & Cov.Comes Suffolk.Ds. Edgecumbe.
Comes Northampton.Ds. Sandys.
Comes Denbigh.Ds. Bruce.
Comes Westmorland.Ds. Ravensworth.
Comes Stamford.Ds. Ponsonby.
Comes Sandwich.Ds. Hyde.
Comes Carlisle.Ds. Mansfield.
Comes Doncaster.Ds. Sondes.
Comes Litchfield.Ds. Boston.
Comes Abingdon.Ds. Pelham.
Comes Rochford.Ds. Camden.
Comes Coventry.Ds. Sundridge.
Comes Jersey.
Comes Strathmore.
Comes Abercorn.
Comes Loudoun.
Comes March.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Bristol.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Buckinghamshire.
Comes De Lawarr.
Comes Radnor.
Comes Spencer.
Viscount Montague.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Courtenay.

PRAYERS.

Kenrick and Skey against Hudson.

The Answer of John Hudson to the Appeal of Matthew Kenrick Esquire and John Skey was this Day brought in.

Writs of Error.

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

In the First of which,

De Costa against Sutton:

Joshua Mendes De Costa is Plaintiff, and Thomas Sutton is Defendant:

And in the other,

Hanforth against Taylor.

John Hanforth is Plaintiff and William Taylor is Defendant.

To prohibit the Exportation of Corn, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act to continue and amend an Act, made in the last Session of Parliament, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour for a further Time; and also to prohibit the Exportation of Malt for a limited Time;” to which they desire the Concurrence of this House.

Importation of Irish Provisions, Bill.

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

With a Bill, intituled, “An Act to continue for a further Time an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America for a limited Time;” to which they desire the Concurrence of this House.

Jequier Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing James Samuel Jequier;” to which they desire the Concurrence of this House.

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

Meyerhoff’s Nat. Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Diederich Meyerhoff,” 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.”

Poel’s Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing John Poel,” was committed.

Gentil’s Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Henry Gentil,” was committed.

Laudumniey’s Nat. Bill.

The Lord Boston also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Francis Darius Laudumiey” was committed.

Barry, Petition referred to Judges.

Upon reading the Petition of James Hugh Smith Barry Esquire; praying Leave to bring in a Bill for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, 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.

To prohibit the Exportation of Corn, &c. Bill.

Hodie 2a vice lecla est Billa, intituled, “An Act to continue and amend an Act, made in the last Session of Parliament, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour for a further Time; and also to prohibit the Exportation of Malt for a limited Time.”

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.

Importation of Irish Provisions, Bill.

Hodie 2a vice lecla est Billa, intituled, “An Act to continue for a further Time an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for the Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

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.

Fullerton et al. Petition referred to Judges.

Upon reading the Petition of William Fullerton Esquire, John Durand, and Robert Cliffe, Esquires, as Testamentary Guardians of, and for, and in Behalf of, Edward Holden Cruttenden, Elizabeth Cruttenden, and Sarah Cruttenden, the Three Infant Children of Edward Holden Cruttenden Esquire 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 Smythe 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.

Petition of L. Conyngrham to receive his Appeal, though out of Time.

Upon reading the Petition of the Right Honourable Henry Viscount Conyngham; setting forth, “That the Petitioner’s Agent having been ill, and apprehending Yesterday to be the last Day for receiving Appeals, pursuant to the Standing Order, did Yesterday send his Appeal in order to be presented, when he was informed, the Time for receiving Appeals expired the Day before;” and therefore praying, That his Appeal may be received:”

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

L. Conyngham against Attorney General in Ireland et al.

Whereupon, Upon reading the Petition and Appeal of Henry Lord Viscount Conyngham of the Kingdom of Ireland complaining of an Order or Decree of the Court of Exchequer in Ireland, of the 29th of June 1771; and praying, “That the same may be reversed, and that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mail seem meet; and that Philip Tisdall Esquire, His Majesty’s Attorney General in the Kingdom of Ireland; the Right Honourable Ann Lady Viscountess Dungannon, the Right Honourable Henry Lord Viscount Mont Morris, John O’Neil, Richard Jackson, Edward Brice, and Robert Carson, Esquires, Executors of Arthur late Lord Viscount Dungannon deceased, and Jane Sampson Executrix of Ralph Sampson Esquire deceased, who was the surviving Executor of Jane Bonnell deceased, may be required to answer the said Appeal:”

It is Ordered, That His Majesty’s said Attorney General, Ann Lady Viscountess Dungannon, Henry Lord Viscount Mont Morris, John O’Neil, Richard Jackson, Edward Brice, and Robert Carson, Esquires, and Jane Sampson, may have, a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 12th Day of March next; and Service of this Order upon the Clerks in Court of the said Respondents, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Witnesses to attend on Draper’s Divorce Bill.

Ordered, That William Penfold, John Lankester, Mary Allen, Charles Russell, Hannah Drew, and Susannah Latimer, do attend this House on Wednesday the 12th Day of this instant February, in order to be examined as Witnesses, Upon the Second Reading; of the Bill, intituled, “An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry against and for other Purposes therein mentioned.”

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Vendris, 7o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds.Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præses.Ds. Le Despencer.
Epus. Londin.Dux Bolton.Ds. Edgecumbe.
Epus. Carliol.Comes Suffolk.Ds. Hyde.
Epus. Cestrien.Comes Denbigh.Ds. Mansfield.
Epus. Litch & Cov.Comes Westmorland.Ds. Boston.
Comes Sandwich.Ds. Camden.
Comes Rochford.
Comes Strathmore.
Comes Abercorn.
Comes Oxford.
Viscount Say & Sele.

PRAYERS.

Collins against Sawrey et al.

After hearing Counsel in Part, in the Cause wherein Simon Collins Clerk is Appellant, and William Sawrey Clerk and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned to Monday next.

Gentil’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Henry Gentil.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Meyerhoff’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Diederich Meyerhoff.”

The Question was put, “Whether this Bill shall Pass?”

It was resolved in the Affirmative.

Poel’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Poel.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Laudumiey’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Francis Darius Laudumiey.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C that the Lords have agreed to the Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Anguish and Mr. Pechell:

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

Jequier’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing James Samuel Jequier.”

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

Ld. President.L. Abp. Canterbury.L. Harwich.
D. Bolton.L. Abp. York.L. Le Despencer.
E. Suffolk.L. Bp. London.L. Edgecumbe.
E. Denbigh.L. Bp. Carlisle.L. Hyde.
E. Westmorland.L. Bp. Chester.L. Mansfield.
E. Sandwich.L. Bp. Litch. & Cov.L. Boston.
E. Rochford.L. Camden.
E. Strathmore.
E. Abercorn.
E. Oxford.
V. Say & Sele.

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.

To prohibit the Exportation of Corn, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to continue an Act, made in the last Session of Parliament, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch; and also of the Extraction of Low Wines ana Spirits, from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt for a limited Time.”

After some Time the House was resumed:

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

Importation of Irish Provisions, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to continue for a further Time, an Act, made in the Eighth Year of His present Majesty’s Reign, intituled, “An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

After some Time the House was resumed.

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

Carstairs against Bruce.

A Petition of James Bruce Carstairs of Kinross Esquire, Appellant in a Cause depending in this House, to which Miss Anne Bruce of Arnott is Respondent, which stands appointed for hearing on Friday next, was presented and read; setting forth, “That the Matter in Issue between the Parties turning upon Two Points of mere Scots Law, the Petitioner had engaged David Rae Esquire as his Counsel to argue the same in the last Session; but the Hearing was put off till this Session and that Mr. Rae being obliged to attend the Court of Session till the 11th of March next, the Petitioner cannot have him to plead his Cause unless the Hearing is postponed;” and therefore praying, “That the Hearing of the said Cause may be put off to such Day after the 12th of March next, as to their Lordships shall seem meet.”

And thereupon the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn;

Ordered, That the Hearing of the said Cause be put off to Monday the 16th of March next.

Countess Morton et al against Morton and Pringle.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Bridges Countess Dowager of Morton and others are Appellants, and Sholto Charles Earl of Morton and Robert Pringle of Clifford are Respondents:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Palmer to enter into Recognizance on Burton’s et al. Appeal.

The House being moved, “That John Palmer of Lincoln’s Inn Gentleman may be permitted to enter into a Recognizance for William Burton and others, on Account of their Appeal depending in this House, they living in Ireland .

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

Witnesses to attend on Lewis’s Divorce Bill.

Ordered, That Charles Perkins and Elizabeth Perkins of Queen Street, Cheapside, London, and Margaret Wright of the City of Worcester Widow, do attend this House on Wednesday the 19th of this Instant February, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Hugh Lewis with Susannah Hale, otherwise Heale, his now Wife, and to enable him to marry again and for other Purposes therein mentioned.”

To prohibit the Exportation of Corn, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to continue and amend an Act, made in the last Session of Parliament, intituled, “An Act to continue the Prohibition of the Exportation of Corn, Grain, Meal, Flour, Bread, Biscuit, and Starch and also of the Extraction of Low Wines and Spirits from Wheat and Wheat Flour, for a further Time; and also to prohibit the Exportation of Malt, for a limited Time.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Importation of Irish Provisions, Bills.

Hodie 3a vice lecta est Billa, intituled, “An Act to continue for a further Time, “An Act, made in the Eighth Year of His present Majesty’s Reign, intituled, An Act to continue and amend an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, “An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time.”

The Question was put, “Whether this Bill mail pass?”

It was resolved in the Affirmative.

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

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

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

Causes put off.

Ordered, That the Hearing of the Cause, which stands appointed for Monday next, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

Die Lunæ, 10o Februarii 1772.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Harwich, Unus Primariorum Secretariorum.
Archiep. Ebor.Comes Gower, Præses.Ds. Le Despenser.
Epus. Londin.Dux Grafton, C.P.S.Ds. Masham.
Epus. Cicestriens.Dux Portland.Ds. Romney.
Epus. Lincoln.Dux Chandos.Ds. Edgecumbe.
Epus. Carliol.Dux Bridgewater.Ds. Ravensworth.
Epus. Landaven.Comes Suffolk.Ds. Ponsonby.
Epus. Petriburg.Comes Exeter.Ds. Hyde.
Epus. Cestrien.Comes Denbigh.Ds. Mansfield.
Epus. Litch. & Cov.Comes Westmorland.Ds. Milton.
Comes Sandwich.Ds. Camden.
Comes Litchfield.Ds. Digby.
Comes Rochford.
Comes Jersey.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Oxford.
Comes Radnor.
Viscount Weymouth.

PRAYERS.

Collins against Sawrey et al.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Simon Collins Clerk, complaining of a Decree of the Court of Exchequer, of the 24th of November 1768, made in a certain Cause wherein William Sawrey Clerk was Appellant, and Simon Collins Clerk, the Guardians and Governors of the Possessions, Revenues, and Goods, of the Free Grammar School of Elizabeth Queen of England in Tamworth, in the Counties of Warwick and Stafford, and the Twenty-four Capital Burgesses of the Town of Tamworth aforesaid, and Charles Edward Repington, were Defendants; and praying, “That the same might be reversed, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of William Sawrey Clerk, the said Guardians and Governors of the Free Grammar School of Elizabeth Queen of England, and the Twenty-four Capital Burgesses of the Town of Tamworth aforesaid, and Charles Edward Repington Esquire, an Infant, by Richard Lockwood Esquire his Guardian, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

Address of Condolence to His Majesty on the Death of the Princess Dowager of Wales.

Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That an humble Address be presented to His Majesty, “To condole with His Majesty on the Death of Her Royal Highness the Princess Dowager of Wales, and to express our deep Concern on that melancholy Event; to assure His Majesty, that, animated with Duty and Gratitude, we shall ever take the sincerest Part in whatever may affect His Majesty’s Domestick Concerns; to declare our most ardent Wishes for His Majesty’s long Life, so important to His Family and the Welfare and Happiness of His People.”

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

De la Rive and Menet’s Nat. Bill.

The Earl of Denbigh reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Peter Lewis de la Rive and Francis Menet,” 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.”

Causes put-off.

Ordered, That the Hearing of the Cause which stands appointed for Wednesday next, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.