House of Lords Journal Volume 34
February 1774, 1-10

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History of Parliament Trust

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Year published

1767-1830

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16-23

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'House of Lords Journal Volume 34: February 1774, 1-10', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 16-23. URL: http://british-history.ac.uk/report.aspx?compid=113653 Date accessed: 16 September 2014.


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Contents

Die Martis, 1o Februarii 1774.
Jones et Ux. against Morgan et al. Thanks to the Bishop of Chester for his Sermon. Flyn to enter into Recognizance on Flyn’s Appeal Jones et Ux. against Morgan et al. Strode against Chaigneau et al. Order for summoning Lords read. Adjourn. Die Mercurii, 2o Februarii 1774.
Filmer et al. against Gott, et e con. Mayne against Jones. Writ of Error Non prof’d, with Costs. Adjourn. Die Jovis, 3o Februarii 1774.
Filmer et al. against Gott, et e con.: Decrees in Original and Cross Appeals affirmed. Adjourn. Die Veneris, 4o Februarii 1774.
Writs of Error, Taylor against Mosman: Pritchard against Cotes: Hatton against Kettle and Mandeville: Foot against Blandford and Russ: Hatton against Jenks and Wrather: Eyre against Heather: Young against Nottingham et al. Donaldsons against Beckett et al. Adjourn. Die Lunæ, 7o Februarii 1774.
Donaldsons against Beckett et al. E Radnor’s Petition referred to Judges. Edwards et al. Petition referred to Judges. Morgans against Jones et Ux. Cross Appeal. Malt, &c. Bill. Adjourn. Die Martis, 8o Februarii 1774.
Pope against Roots et al. Donaldsons against Beckett et al. Keck for a Bill to take the Name of Tracy. Land Tax Bill. Mutiny Bill. Land Tax Bill. Mutiny Bill. Malt, &c. Bill. Adjourn. Die Mercurii, 9o Februarii 1774.
Brooks against Zachary and Wagstaffe, in Error. Donaldsons against Beckett et al. Questions to the Judges. Malt, &c; Bill. Land Tax Bill. Mutiny Bill. Malt, &c. Bill. Land Tax Bill. Mutiny Bill: Messages to H. C that the Lords have agreed to the Three preceding Bills. Rapillard and Delapierre’s Nat. Bill. Saumaise’s Nat. Bill. Haeseler and Erich’s Bill. Commons against Marshall, Writ of Error. Adjourn. Die Jovis, 10o Februarii 1744:
Rapillard and Delapierre’s Nat. Bill. Haeseler and Erich’s Nat. Bill. Saumaise’s Nat. Bill. King present. Bill. Passed. Fitz Edward against Ryves et al., Petition to amend Appeal. Adjourn.

Die Martis, 1o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Dux Gloucester. Ds. Le Despencer.
Epus. Eliens. Ds. Apsley, Cancellarius. Ds. Willoughby Br.
Epus. Cicestrien. Ds. Paget.
Epus. Meneven. Ds. Trevor.
Epus. Asaphen. Comes Gower, Præses. Ds. Masham.
Epus. Carliol. Dux Grafton, C. P. S. Ds. Romney.
Epus. Petriburg. Dux Beaufort. Ds. Cadogan.
Epus. Cestrien. Dux Bolton. Ds. Montfort.
Epus. Litch. & Cov. Dux. Ancaster, Magnus Camerarius. Ds. Sandys.
Ds. Bruce.
Dux. Chandos. Ds. Ravensworth.
Dux Bridgewater. Ds. Hyde.
Ds. Mansfield.
Comes Hertford, Camerarius. Ds. Lyttelton.
Ds. Wycombe.
Comes Suffolk. Ds. Sondes.
Comes Denbigh. Ds. Scarsdale.
Comes Peterborough. Ds. Boston.
Comes Stamford. Ds. Pelham.
Comes Thanet. Ds. Beaulieu.
Comes Sandwich. Ds. Camden.
Comes Essex. Comes Macclesfield.
Comes Plymouth. Comes Waldegrave.
Comes Rochford. Comes Effingham.
Comes Coventry. Comes Brooke.
Comes Jersey. Comes Bucks.
Comes Cholmondeley. Comes Cornwallis.
Comes Abercorn. Comes Northington.
Comes March. Comes Radnor.
Comes Marchmont. Comes Spencer.
Comes Stair. Viscount Say & Sele.
Comes Dartmouth. Viscount Townshend.
Comes Sussex. Viscount Bolingbroke.
Viscount Falmouth.

PRAYERS.

Jones et Ux. against Morgan et al.

The Answer of Charles Morgan Esquire, and others, to the Appeal of William Jones Esquire, and Elizabeth his Wife, was this Day brought in.

Thanks to the Bishop of Chester for his Sermon.

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

Flyn to enter into Recognizance on Flyn’s Appeal

The House being moved, “That George Flyn may be permitted to enter into a Recognizance for George Flyn, of the City of Dublin, Merchant, on Account of his Appeal depending in this House, he residing in Ireland:”

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

Jones et Ux. against Morgan et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein William Jones Esquire and Elizabeth his Wife are Appellants; and Charles Morgan Esquire 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.

Strode against Chaigneau et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein William Strode Esquire is Appellant; and William Chaigneau 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.

Order for summoning Lords read.

The Order of the Day being read, for all the Lords to be summoned:

It was moved, “To adjourn.”

Accordingly,

Adjourn.

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

Die Mercurii, 2o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Cestrien. Ds. Cadogan.
Epus. Litch. & Cov. Ds. Hyde.
Comes Gower, Præses. Ds. Mansfield.
Dux Chandos. Ds. Boston.
Comes Rochford. Ds. Beaulieu.
Comes Abercorn. Ds. Camden.
Comes Marchmont.
Comes Effingham.
Comes Bucks.
Viscount Falmouth.

PRAYERS.

Filmer et al. against Gott, et e con.

After hearing Counsel, in Part, in the Cause wherein Edmund Filmer Clerk and others are Appellants; and Henry Thomas Gott Esquire is Respondent, et contra:

It is Ordered, That the further Hearing of the said Cause be put off till Tomorrow.

Mayne against Jones.

A Petition of Edward Mayne Esquire, Plaintiff in a Writ of Error depending in this House, to which John Jones, Lessee of Samuel Mayne Esquire, is Defendant, was presented, and read; setting forth, “That the Proceedings in this Cause were transmitted to their Lordships in the last Session of Parliament, and Errors were immediately assigned, and the Defendant rejoined: That the Petitioner being afterwards advised, that the Errors in the Proceedings would not be sufficient Ground for their Lordships to reverse the Judgement after Verdict, did not intend to proceed farther in the said Writ of Error, and understood, that by not applying within the First Eight Days of this Session to have a Day appointed for arguing the said Errors, the said Writ of Error would have been dismissed and Nonpros’d under their Lordships Standing Order; but the Defendant, without waiting till the Eight Days were expired, did, on the First Day of this Session, apply to and obtain their Lordships Order for hearing the said Errors in the First vacant Day for Causes after those then already appointed: That the Petitioner was not served with the said Order until Tuesday last, or would have sooner applied to their Lordships: And therefore praying their Lordships, will be pleased to permit him to withdraw his said Assignment of Errors, and that the said Writ may be Non prof’d, upon Payment of such Costs as their Lordships shall think reasonable.”

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

And being withdrawn:

Writ of Error Non prof’d, with Costs.

Ordered, That the Petitioner be at Liberty to with drawn his said Assignment of Errors as desired; and that the Defendant in Error do forthwith enter a Non pros. on the said Writ of Error; and that the Record be remitted to the Court of Exchequer in Ireland, to the End Execution may be had upon the Judgement given in that Court as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or Cause to be paid, to the Defendant in Error, the Sum of One hundred Pounds of lawful Money of Great Britain, for his Costs by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

Die Jovis, 3o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Hyde.
Ds. Mansfield.
Epus. Wigorn. Ds. Sondes.
Epus. Cestrien. Comes Gower, Præses. Ds. Boston.
Epus. Litch. & Cov. Dux Grafton, C. P. S.
Comes Suffolk. Ds. Camden.
Comes Abercorn.
Comes Marchmont.
Comes Dartmouth.
Comes Effingham.

PRAYERS.

Filmer et al. against Gott, et e con.:

After hearing Counsel, as well Yesterday as this Day, upon the Original Petition and Appeal of Edmund Filmer Clerk and Francis Filmer Esquire, Executors of the last Will and Testament of Sarah Gott, late of Eggarton, in the County of Kent, Spinster, deceased, and Dorothea Hugessen, Mary Hugessen, and Sarah Hugessen, Devisees of the real Estates or the said Sarah Gott deceased, Infants by Thomasine Hugessen Widow, their Mother and next Friend, complaining of an Order or Decree of the Court of Chancery of the 12th of December 1770 and praying, “That the same might be reversed and set aside, or to make such Order in the Premises as the Nature and Circumstances of the Case might require; and likewise upon the Cross Appeal of Henry Thomas Gott Esquire, complaining of a Decree or Order of the Court of Chancery of the 12th of December 1770; and praying, That the same might be reversed and set aside, or to make such Order in the Premises as the Nature and Circumstances of the Case might require, and as the Court below ought to have done on the Hearing of the Original Cause;” as also upon the Answer of Henry Thomas Gott Esquire, put in to the said Original Appeal, and the Answer of Edmund Filmer Clerk, and Francis Filmer Esquire, and of Dorothea Hugessen, Mary Hugessen, and Sarah Hugessen, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Decrees in Original and Cross Appeals affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Order or Decree, complained of in the said Original and Cross Appeals, be, and the same is hereby affirmed: And it is further ordered, That the said Original and Cross Appeals be dismissed.

Adjourn.

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

Die Veneris, 4o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Willoughby Br.
Ds. Paget.
Epus. Eliens. Ds. Cathcart.
Epus. Wigorn. Comes Gower, Præses. Ds. Romney.
Epus. Cicestrien. Dux Grafton, C. P. S.
Epus. Norvicen. Ds. Montfort.
Dux Beaufort. Ds. Sandys.
Epus. Oxon. Dux Chandos. Ds. Ravensworth.
Epus. Meneven.
Dux Bridgewater. Ds. Archer.
Epus. Asaphen. Ds. Hyde.
Epus. Carliol. Comes Suffolk.
Epus. Cestrien. Comes Denbigh. Ds. Mansfield.
Epus, Litch. & Cov. Comes Stamford. Ds. Lyttelton.
Comes Doncaster. Ds. Wycombe.
Comes Abingdon. Ds. Scarsdale.
Comes Plymouth. Ds. Boston.
Comes Rochford. Ds. Camden.
Comes Jersey.
Comes Abercorn.
Comes Marchmont.
Comes Rosebery.
Comes Dartmouth.
Comes Macclesfield.
Comes Waldegrave.
Comes Effingham.
Comes Brooke.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Spencer.
Viscount Say & Sele.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

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 Seven Writs of Error:

In the First of which,

Taylor against Mosman:

Robert Taylor is Plaintiff, and Hugh Mosman is Defendant:

In the Second,

Pritchard against Cotes:

Peter Pritchard is Plaintiff, and Samuel Cotes the Elder, is Defendant:

In the Third,

Hatton against Kettle and Mandeville:

Joseph Hatton is Plaintiff, and Peter Kettle and Jonathan Mandeville are Defendants:

In the Fourth,

Foot against Blandford and Russ:

Joseph Foot is Plaintiff, and John Blandford and John Russ Clerk, Executors, &c. of James Froud deceased, are Defendants:

In the Fifth,

Hatton against Jenks and Wrather:

Joseph Hatton is Plaintiff, and Samuel Jenks and Samuel Wrather are Defendants:

In the Sixth,

Eyre against Heather:

Francis Eyre Esquire is Plaintiff, and Robert Heather Esquire is Defendant:

Young against Nottingham et al.

And in the last,

Robert Young is Plaintiff, and Alexander Nottingham and others are Defendants.

Donaldsons against Beckett et al.

The Order of the Day being read, for hearing Counsel in the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents; and for the Judges to attend:

Counsel were accordingly called in;

Mr. Attorney General heard for the Appellants.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till Monday next; and that the Judges do then attend.

Adjourn.

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

Die Lunæ, 7o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Willoughby Br.
Epus. Londin. Ds. Cathcart.
Epus. Wigorn. Comes Gower, Præses. Ds. Trevor.
Epus. Lincoln. Dux Grafton, C. P. S. Ds. Romney.
Epus. Oxon. Ds. Sandys.
Epus. Meneven. Dux Chandos. Ds. Bruce.
Epus. Asaphen. Dux Bridgewater. Ds. Ravensworth.
Epus. Carliol. March. Rockingham. Ds. Hyde.
Epus. Landaven. Ds. Mansfield.
Epus. Cestrien. Comes Suffolk. Ds. Wycombe.
Epus. Litch. & Cov. Comes Denbigh. Ds. Scarsdale.
Comes Stamford. Ds. Boston.
Comes Sandwich. Ds. Pelham.
Comes Doncaster. Ds. Camden.
Comes Plymouth. Ds. Digby.
Comes Jersey. Ds. Sundridge.
Comes Abercorn.
Comes Marchmont.
Comes Stair.
Comes Rosebery.
Comes Dartmouth.
Comes Macclesfield.
Comes Waldegrave.
Comes Effingham.
Comes Brooke.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Spencer.
Viscount Say & Sele.
Viscount Weymouth.

PRAYERS.

Donaldsons against Beckett et al.

The Order of the Day being read for hearing Counsel further in the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents; and for the Judges to attend:

Counsel were accordingly called in;

Sir John Dalrymple was heard for the Appellants.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till To-morrow; and the Counsel be called in at One o’Clock; and that the Judges do then attend.

E Radnor’s Petition referred to Judges.

Upon reading the Petition of the Right Honourable William Earl of Radnor; praying Leave to bring in a Bill for effecting an Exchange of Lands in the Petition mentioned, between the Petitioner and the President or Master and Fellows of Queen’s College, in the University of Cambridge:

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 Adams, 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.

Edwards et al. Petition referred to Judges.

Upon reading the Petition of Lewis Edwards, of Talgarth, in the County of Merioneth, Esquire, the eldest Son and Heir of Humphrey Edwards, late of the same Place, Esquire, deceased, James Edwards Gentleman Second Son of the said Humphrey Edwards, Turner Edwards, an Infant, by Edward Kingston Esquire, his Guardian; which said Lewis Edwards, James Edwards, and Turner Edwards, are the only surviving Sons of the said Humphrey Edwards 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 Mr. Justice Ashurst and Mr. Justice Nares, 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.

Morgans against Jones et Ux. Cross Appeal.

Upon reading the Petition and Cross Appeal of Charles Morgan Esquire and John Morgan Esquire, complaining of Part of an Order of the Court of Chancery of the 23d of July 1773; and praying, “That the same may be reversed, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Jones Esquire, and Elizabeth his Wife, may be required to answer the said Appeal:”

It is Ordered, That the said William Jones Esquire, and Elizabeth his Wife, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday, the 21st of this instant February.

Malt, &c. Bill.

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

With a Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-four;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

Die Martis, 8o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Le Despencer.
Epus. Londin. Ds. Willoughby Br.
Epus. Eliens. Comes Gower, Præses. Ds. Paget.
Epus. Wigorn. Dux Grafton, C. P. S. Ds. Cathcart.
Epus. Cicestrien. Ds. Trevor.
Epus. Lincoln. Dux Chandos. Ds. Romney.
Epus. Oxon. Dux Bridgewater. Ds. Montfort.
Epus. Meneven. Comes Suffolk. Ds. Sandys.
Epus. Asaphen. Comes Denbigh. Ds. Bruce.
Ds. Ravensworth.
Epus. Carliol. Comes Stamford. Ds. Hyde.
Epus. Landaven. Comes Doncaster. Ds. Mansfield.
Epus. Cestrien. Comes Abingdon. Ds. Wycombe.
Epus. Litch. & Cov. Comes Plymouth. Ds. Boston.
Comes Coventry. Ds. Camden.
Comes Jersey.
Comes Abercorn.
Comes Marchmont.
Comes Stair.
Comes Rosebery.
Comes Macclesfield.
Comes Effingham.
Comes Brooke.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Spencer.
Viscount Say & Sele.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Pope against Roots et al.

The Answer of Thomas Roots and others to the Appeal of Thomas Pope Esquire, was this Day brought in.

Donaldsons against Beckett et al.

The Order of the Day being read for hearing Counsel further in the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents; and for the Judges to attend:

Counsel were accordingly called in;

Mr. Solicitor General heard for the Respondents:

Mr. Dunning heard also for the Respondents.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Judges do then attend.

Keck for a Bill to take the Name of Tracy.

Upon reading the Petition of Henrietta Charlotte Keck Spinster; praying Leave to bring in a Bill to enable the Petitioner to change her Surname of Keck to that of Tracy, and for her and her Issue so to write and stile her and themselves, and to bear and use the Coat of Arms and Name of the Family of Tracy, pursuant to the Will of Robert Tracy Esquire deceased:

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

Land Tax Bill.

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

With a Bill, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-four” to which they desire the Concurrence of this House.

Mutiny Bill.

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

With a Bill, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;” to which they desire the Concurrence of this House.

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

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-four.”

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.

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

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.

Malt, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-four.”

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.

Adjourn.

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

Die Mercurii, 9o Februarii 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Willoughby Br.
Epus. Londin. Ds. Paget.
Epus. Wigorn. Comes Gower, Præses. Ds. Cathcart.
Epus. Lincoln. Dux Grafton. C.P.S. Ds. Trevor.
Epus. Oxon. Ds. Romney.
Epus. Meneven. Dux Beaufort. Ds. Sandys.
Epus. Asaphen. Dux Chandos. Ds. Bruce.
Epus. Carliol. Dux Bridgewater. Ds. Ravensworth.
Epus. Landaven. March. Rockingham. Ds. Hyde.
Epus. Cestrien. Ds. Mansfield.
Epus. Litch. & Cov. Comes Suffolk. Ds. Wycombe.
Comes Denbigh. Ds. Boston.
Comes Stamford. Ds. Camden.
Comes Plymouth.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Abercorn.
Comes Marchmont.
Comes Stair.
Comes Rosebery.
Comes Effingham.
Comes Bucks.
Comes Northington.
Comes Radnor.
Comes Spencer.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Brooks against Zachary and Wagstaffe, in 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, wherein John Brooks is Plaintiff, and Thomas Zachary and Thomas Wagstaffe are Defendants.

Donaldsons against Beckett et al.

The Order of the Day being read, for hearing Counsel further in the Cause wherein Alexander Donaldson and John Donaldson are Appellants, and Thomas Beckett and others are Respondents; and for the Judges to attend:

Counsel were accordingly called in:

Mr. Attorney General heard to reply.

The Counsel were directed to withdraw.

And it being proposed, “That the Judges be directed to deliver their Opinions upon the following Questions; (videlicet),

Questions to the Judges.

1. Whether, at Common Law, an Author of any Book or Literary Composition, had the Sole Right of first printing and publishing the same for Sale, and might bring an Action against any Person who printed, published, and sold the same, without his Consent?

2. If the Author had such Right originally, did the Law take it away upon his printing and publishing such Book or Literary Composition, and might any Person Afterward reprint and sell, for his own Benefit, such Book or Literary Composition against the Will of the Author?

3. “If such Action would have lain at Common Law, is it taken away by the Statute of 8th Anne; and is an Author, by the said Statute, precluded from every Remedy except on the Foundation of the said Statute, and on the Terms and Conditions prescribed thereby?”

The, same was agreed to; and the said Questions were accordingly put to the Judges.

Then it was proposed, “That the Judges likewise be directed to deliver their Opinions upon the following Questions; (videlicet),

Whether the Author of any Literary Composition, and his Assigns, had the Sole Right of printing and. publishing the same, in Perpetuity, by the Common Law?

“Whether this Right is any Way impeached, restrained, or taken away, by the Statute 8th Anne?

The same was agreed to; and the said Questions were accordingly put to the judges.

Whereupon, the Judges desiring that some Time might be allowed them for that Purpose:

Ordered, That the further Consideration of this Cause be adjourned till Tuesday next; and that the Judges do then attend to deliver their Opinions upon the said Questions.

Malt, &c; Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy four.”

After some Time, the House was resumed:

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

Land Tax Bill.

The House (according to order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-four.”

After some Time, the House was resumed:

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

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

After some Time, the House was resumed:

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

Malt, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-four.”

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

It was resolved in the Affirmative.

Land Tax Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-four.”

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

It was resolved in the Affirmative.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

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

It was resolved in the Affirmative.

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

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

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

Rapillard and Delapierre’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 Samuel Rapillard and Abraham Delapierre;” to which they desire the Concurrence of this House.

Saumaise’s Nat. Bill.

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

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

Haeseler and Erich’s Bill.

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

With a Bill, intituled, “An Act for naturalizing Nicholas Joachim Haeseler and John Erich;” to which they desire the Concurrence of this House.

Commons against Marshall, Writ of Error.

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein John Commons, Lessee of John Lord Viscount Netterville, is Plaintiff, and John Marshall Esquire is Defendant, which stands appointed for To-morrow, 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 Jovis, decimum diem Instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 10o Februarii 1744:

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Le Despencer.
Epus. Eliens. Ds. Paget.
Epus. Oxon. Dux Ancaster, Magnus Camerarius. Ds. Cathcart.
Epus. Asaphen. Ds. Trevor.
Epus. Landaven. Ds. Cadogan.
Epus. Cestrien. Comes Talbot, Senescallus. Ds. Edgecumbe.
Epus. Litch. & Cov. Ds. Hyde.
Comes Abercorn. Ds. Scarsdale.
Comes Marchmont. Ds. Boston.
Comes Macclesfield. Ds. Pelham.
Comes Effingham.
Viscount Say & Sele.
Viscount Bolingbroke.
Viscount Falmouth.

PRAYERS.

Rapillard and Delapierre’s Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for naturalizing Samuel Rapillard and Abraham Delapierre.”

Haeseler and Erich’s Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for naturalizing Nicholas Joachim Haeseler and John Erich.”

Saumaise’s Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for naturalizing Louis de Saumaise.”

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, “It is His Majesty’s Pleasure they attend Him immediately in this House.”

Who being come, with their Speaker,

He, After a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet),

Bill. Passed.

“1. An Act for continuing and granting to. His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-four.”

“2. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-four.”

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

“Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le vault.”

“3. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.”

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

“Le Roy le vault.”

Then His Majesty was pleased to retire:

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Fitz Edward against Ryves et al., Petition to amend Appeal.

Upon reading the Petition of Robert Ryves Fitz Edward, Appellant in a Cause depending in this House, to which William Ryves, Richard Maunsell, and William Ryves, are Respondents; setting forth, “That the Petitioner presented his Appeal to their Lordships on the Second Day of this present Session of Parliament, from an Order of Dismission of the Court of Exchequer in Ireland of the 2d Day of March 1772, in a Cause wherein the Petitioner was Plaintiff, and William Ryves, Richard Maunsell, and William Ryves, were Defendants: That the Petitioner having, by the fatal Accident of Insanity, been deprived of the Assistance of his Solicitor, took upon himself to send over Instructions for preparing the said Appeal, and omitted to inform his Agent here that William Ryves survived the said Richard Maunsell his Co-Trustee named in a Deed of Settlement in the said Appeal mentioned; and that the said William Ryves died before the Hearing of the said Cause, whereby the Trusts in the said Deed of Settlement devolved upon Dame Maria Juliana Morris the Wife of Sir William Evans Morris Baronet, and Ann Croker the Wife of Thomas Croker Esquire, as the Heirs at Law of the said William Ryves the Trustee: That, for Want of such Information, the Petitioner’s Appeal was presented to their Lordships, praying their Lordships Order upon the said Richard Maunsell and William Ryves to put in their Answer to the said Appeal, which their Lordships were pleased to grant accordingly; whereas the Petitioner ought to have prayed their Lordships Order against the said Sir William Evans Morris and his Lady, and the said John Croker and Ann his Wife, the said Cause having been duly revived against them by an Order of the 16th of May 1768, duly obtained before the Hearing of the said Cause; but in regard the Mistake was discovered on the Receipt of their Lordships Order in Ireland by the Petitioner’s new Solicitor there, their Lordships said Order hath not been served upon any of the said Parties;” and therefore praying their Lordships, That he may be at Liberty to amend his said Appeal by stating the said Order of Revival therein, and inserting the Names of the said Sir William Evans Morris and Dame Maria Juliana his Wife, and Thomas Croker and Ann his Wife, in the Prayer of the said Petition, instead of the Names of Richard Maunsell and William Ryves both deceased; and that their Lordships will thereupon be pleased to grant to the Petitioner their Lordships Order of Summons to William Ryves a Defendant in the said Appeal mentioned, and also to the said Sir William Evans Morris and Dame Maria Juliana his Wife, and Thomas Croker and Ann his Wife, the said Dame Maria Juliana Morris and Ann Croker being the Heirs at Law of the said William Ryves the surviving Trustee, deceased, as aforesaid:”

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; and that the said William Ryves, Sir William Evans Morris and Dame Maria Juliana his Wife, and Thomas Croker and Ann his Wife, do put in their Answer, or respective Answers thereunto, in Writing, on or before Thursday the 17th Day of March next; and Service of this Order upon the said Respondents, or upon their Clerk in Court in the said Court of Exchequer in Ireland, shall be deemed good Service.

Adjourn.

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