House of Lords Journal Volume 34
January 1776

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History of Parliament Trust

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1767-1830

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543-548

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'House of Lords Journal Volume 34: January 1776', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 543-548. URL: http://british-history.ac.uk/report.aspx?compid=113695 Date accessed: 21 April 2014. Add to my bookshelf


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Contents

Die Martis, 23o Januarii 1776.
Bp St. David’s to preach on 30th January. Sir James Ibbetson’s Petition referred to Judges. Adjourn. Die Mercurii, 24 o Januarii 1776
Duchess of Kingston, Trial of, King’s Answer to Address for a Place in Westminster Hall, and a Ld High Steward, reported. Ward against Hartpole. Duchess of Kingston, Trial of, proper Officer of the Board of Works to attend Committee Adjourn. Die Jovis, 25o Januarii 1776.
Ward against Hartpole. Sir Edward Hales Leave for a Bill: Bill read. /??/ et Ux. Petition referred to Judges, Bouchier and Denison against Taylor, Appeal revived. Carron Company against Beaumont: Appeal withdrawn. Duchess of Kingston’s Trial, Report of Committee concerning. Trial put off, and Lords to be acquainted therewith. Adjourn Die Veneris, 26o Januarii 1776.
Maine et Ux. against Prittie et Ux. et e con. Decrees affirmed. Vanderheyden against Shepherd in Error. Bouchier and Denison against Taylor. Adjourn. Die Martis, 30o Januarii 1776.
Adjourn. Die Mercurii, 31o Januarii 1776.
Ward against Hartpole: Judgement Thanks to Bp St. Davide for his Sermon. Return of the Earl of Dunmore. Hutchinson against Gamble, et al. Pleadings proved. Sir Edward Hales’s Estate Bill. Whitfeld et al. Petition referred to Judges. Sterne et al. Petition referred to Judges. Blake against Perrin And Vaughan in Error. Cox against Cox: Writ of Error nonpros’d with Costs. Doyne against Daw et Ux. Petition to amend Appeal. D Goldon against Sir James Grant et al Lady Holland et al Leave for a Bill. Bill read. Adjourn.

Die Martis, 23o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Cestrien. Ds. Cathcart.
Epus. Bangor. Comes Gower, Præses. Ds. Trevor.
Dux Chandos.
Comes Suffolk.
Comes Denbigh.
Comes Abercorn.
Viscount Dudley & Ward.

PRAYERS.

Bp St. David’s to preach on 30th January.

Ordered, That the Lord Bishop of St. David’s be, and he is hereby desired to preach before this House, on Tuesday the 30th Day of this instant January, in the Abbey Church Westminster.

Sir James Ibbetson’s Petition referred to Judges.

Upon reading the Petition of Sir James Ibbetson Baronet, on the Behalf of himself and Henry Carr Ibbetson his eldest Son, an Infant; 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 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.

Adjourn.

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

Die Mercurii, 24 o Januarii 1776

Domini tam Spirituales quam Temporales prsæentes fuerunt:

Epus. Bath. & Wells. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Cestrien. Ds. Cathcart.
Epus. Roffen. Dux Ancaster, Magnus Camerarius. Ds. Bruce.
Epus. Bangor. Dux Chandos. Ds. Mansfield.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Denbigh.
Comes Abercorn.
Comes Macclesfield.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Duchess of Kingston, Trial of, King’s Answer to Address for a Place in Westminster Hall, and a Ld High Steward, 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 the 22d of December last, for a Place to be prepared in Westminster Hall for the Trial of Elizabeth, calling herself Duchess Dowager of Kingston, and for the Appointment of a Lord High Steward, to continue during the said Trial; and that His Majesty was pleased to say, He would give Directions accordingly.”

Ward against Hartpole.

Counsel (according to Order) were called in to be heard in the Cause wherein Nicholas Ward Esquire is Appellant, and Robert Hartpole Esquire is Respondent, being an Appeal from a Decree of the Court of Chancery in Ireland of the 25th of February 1774.

Mr. Solicitor General was heard for the Appellant.

Mr. Dunning was also heard for the Appellant.

Mr. Attorney General was heard for the Respondent.

Mr. Skynner was also heard for the Respondent.

The Counsel were directed to withdraw.

Ordered, That the further hearing of the said Cause be put off till To-morrow.

Duchess of Kingston, Trial of, proper Officer of the Board of Works to attend Committee

Ordered, That the proper Officer of the Board of Works do attend the Committee appointed to consider of the proper Methods of Proceeding in order to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol and One of the Peers of this Realm), To-morrow, in order to his being examined as to the Time it will take for erecting a proper Place in Westminster Hall for the Trial of the said Elizabeth calling herself Duchess Dowager of Kingston.

Adjourn.

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

Die Jovis, 25o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Eliens. Comes Dartmouth, C. P. S. Ds. Cathcart.
Epus. Bath, & Wells. Ds. Trevon.
Epus. Wigorn. Dux Chandos. Ds. Bruce.
Epus. Roffen. Comes Denbigh. Ds. Hyde.
Epus. Litch. & Cov. Comes Sandwich. Ds. Mansfield.
Epus. Bangor. Comes Abercorn. Ds. Sondes.
Comes Fauconberg.
Comes Northington.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS

Ward against Hartpole.

Counsel (according to order) were called in tobe further heard in the Cause wherein Nicholas Ward Esquire is Appellant, and Robert Hartpole Esquire is Respondent:

And it appearing, “That the Respondent had not printed all the necessary Proofs in this Cause.”

The Counsel were directed to withdraw.

Ordered, That the Respondent be at Liberty to print such Proofs as he thinks material, as have not yet been printed, and deliver them to the Lords; and that the further hearing of the said Cause be put off to Wednesday next.

Sir Edward Hales Leave for a Bill:

After reading and considering the Report of the judges, to whom was referred the Petition of Sir Edward Hales Baronet; praying Leave to bring in a Private Bill for the Purposes therein mentioned;

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 vesting certain Leasehold Pieces of Ground in the Parish of Saint George Hanover Square, in the County of Middlesex, together with a Capital Messuage built on Part thereof, devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust, to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Consideration Money in such Manner, and in such Proportions, as the Court of Chancery shall direct.”

/??/ et Ux. Petition referred to Judges,

Upon reading the Petition of the Reverend Henry Of man, Clerk, and Mary his Wife, on Behalf of themselves and their Five Daughters, Mary, Henrietta, Elizabeth, Harriott, and Sarah, who are all Infants under the Age of Twenty-one Years; 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 Willes, 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.

Bouchier and Denison against Taylor, Appeal revived.

Upon reading the Petition of William Bouchier M. D. and William Denison D.D. Appellants in a Cause depending in this House, to which George Taylor is Respondent; setting forth, “That the Petitioners preferred their Appeal to their Lordships from a Decree of the Court of Chancery of the 21st of July 1775, which stands appointed for hearing the Third in their Lordships Paper of Causes; that the said Respondent is lately dead, having made his last Will, and appointed an Executor who renounced the Probate and Administration of his Personal Estate, with his Will annexed, hath been granted to his Daughter Hannah Taylor Spinster, who hath revived the Cause in the Court of Chancery; that the said Appeal is become abated by the Death of the said George Taylor; and therefore praying their Lordships, That the said Appeal may Stand revived against the said Hannah Taylor his Administratrix, and be in the same Plight and Condition as it flood at the Time of the Death of the said George Taylor; and that the said Hannah Taylor be required to answer the said Appeal and that the same may stand adjourned for a Month:”

It is Ordered, That the said Appeal do Stand revived against the said Hannah Taylor Spinster, Daughter and Administratrix of the said George Taylor deceased and that the do put in her Answer thereto in Writing, on or before Thursday the 8th Day of February next.

Carron Company against Beaumont:

Upon reading the Petition of the Carron Company in Scotland, Appellants in a Cause depending in this House, to which Charles Beaumont is Respondent, which Stands appointed for hearing; setting forth, “That the Matters in Dispute in this Cause are under Compromise and therefore praying their Lordships, That they may be at Liberty to withdraw their said Appeal, the Agent for the said Respondent having signed the said Petition, as consenting thereto:”

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Duchess of Kingston’s Trial, Report of Committee concerning.

The Lord Viscount Dudley and Ward reported from the Lords Committees appointed to consider of the proper Methods of Proceeding in order to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol and One of the Peers of this Realm); “That the Committee had met and examined the Officers of the Board of Works, who attended pursuant to the Order of the House of Yesterday, particularly Mr. Shakespear the Master Carpenter to that Board, from whose Evidence it appears, that the sitting up Westminster Hall for the Trial of Elizabeth calling herself Duchess Dowager of Kingston, will take up Five Weeks, or Thirty compleat working Days, and that they cannot under take to do it in less Time at this Season of the Year; and therefore the Committee have come to the following Resolution:”

“Resolved, That it is the Opinion of this Committee, that Westminster Hall cannot be fitted up against the Day which now Stands appointed for the said Trial.”

Which Report being read by the Clerk, was agreed to by the House.

Trial put off, and Lords to be acquainted therewith.

Then it was moved, “That the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), which Stands appointed for Wednesday the 28th of February next, be put off to Monday the 15th Day of April next; and that the Judges do then attend.”

The same was agreed to, and ordered accordingly.

Ordered, That the Lord Chancellor do write Letters to all the Lords, to acquaint them therewith; and that the House expects their Attendance on that Day.

Adjourn

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

Die Veneris, 26o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Wigorn. Comes Gower, Præses. Ds. Cathcart.
Epus. Roffen. Dux Chandos. Ds. Bruce.
Epus. Bangor. March. Rockingham. Ds. Mansfield.
Comes Denbigh. Ds. Lyttelton.
Comes Carlisle. Ds. Boston.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Maine et Ux. against Prittie et Ux. et e con.

After hearing Counsel this Day upon the Petition and Appeal of John Maine Esquire, and the Right Honourable Hester Countess of Charleville his Wife, complaining of Part of a Decree of the Court of Chancery in Ireland, of the 16th of May 1768; and also of Part of another Decree of the said Court of the 1st of July 1774; and praying, “That the same might be reversed or varied, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, Should seem meet; and likewise upon the Cross Appeal of Henry Prittie the Younger, Esquire, and Catherine his Wife, late Catherine Bury the Widow and Executrix of John Bury Esquire, deceased, complaining of Part of a Decree of the Court of Chancery in Ireland, of the 16th of May 1768; and also of Part of another Decree of the said Court, of the 1st of July 1774; and praying, That the same might be reversed or varied, in so much as they are complained of, and in other Respects to confirm the same, or that the Appellants might have such other Relief in the Premises, as the Nature and Circumstances of the Case might require, and as to their Lordships, in their great Wisdom, should seem meet:”

as also upon the Answer of Henry Prittie Esquire, and Catherine his Wife, late Catherine Bury, put in to the said original Appeal; and the Answer of John Mame Esquire, and Hester Countess of Charleville his Wife Lucy Fitzpatrick the Widow and Executrix of John Fitzpatrick Esquire, deceased, and Thomas Croker Esquire, put in to the said Cross Appeal, and due Consideration had of what was offered on both Sides in these Causes:

Decrees affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled. That so much of the said Decrees as are complained of by the said Original and Cross Appeals, be, and the same are hereby affirmed: And it is further Ordered, That the said Original and Cross Appeals be, and the same are hereby dismissed this House.

Vanderheyden against Shepherd in Error.

A Petition of Francis Henry Shepherd, Defendant in a Writ of Error depending in this House, wherein Dirk Vanderheyden is Plaintiff, which Stands appointed for hearing, was presented and read; setting forth, “That the said Writ of Error was brought into this House on the 30th of November last; that the said Plaintiff in Error hath assigned the general Errors, and prayed a Writ of Certiorari, but has not thought fit to sue out such Writ, and cause the same to be returned within the Time limited by their Lordships Standing Order; and as the Petitioner apprehends the same is brought merely for Delay, and to harrass and oppress him; therefore humbly prays their Lordships, To appoint a short Bye-day for arguing the said Errors, or make such other Order in the Premises, as to their Lordships shall seem meet.”

And thereupon the Agent for the Petitioner was called in, and heard at the Bar:

And being withdrawn:

Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on Tuesday the 6th Day of February next.

Bouchier and Denison against Taylor.

Upon reading the Petition of William Bouchier M. D. and William Denison D. D. Appellants in a Cause depending in this House, to which Hannah Taylor Spinster, Daughter and Administratrix of George Taylor deceased, is Respondent; setting forth, That this Appeal having become abated by the Death of the Respondent, was Yesterday revived by their Lordships against his legal Representative, and the ordered to answer the same in a Fortnight; that this Cause Stands the Second in their Lordships Paper for hearing, and will come on in Course to be heard before the Time for answering is expired, and much sooner than the Parties can be ready for hearing the same; and therefore praying their Lordships, To put off the Hearing of this Cause for a Month, or to such other early Day in the present Session, as to their Lordships shall seem proper, the Agent for the said Respondent having signed the said Petition, as consenting thereto:”

It is Ordered, That the Hearing of the said Cause be put off to Friday the 23d Day of February next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tri cesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

Die Martis, 30o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn. Comes Bathurst, Cancellarius.
Epus. Meneven.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Bangor.

PRAYERS.

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 Mercurii, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 31o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Willoughby Bar.
Epus. Asaphen. Comes Dartmouth. Ds. Cathcart.
Epus. Cestrien. C. P. S. Ds. Trevor.
Epus. Wigorn. Ds. Bruce.
Epus. Roffen. Dux Chandos. Ds. Hyde.
Epus. Bangor. Comes Denbigh. Ds. Mansfield.
Comes Berkeley. Ds. Scarsdale.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Northington.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Ward against Hartpole:

Counsel (according to Order) were called in to be further heard in the Cause wherein Nicholas Ward Esquire is Appellant, and Robert Hartpole Esquire is Respondent.

Mr. Solicitor General, Counsel for the Appellant, was heard to reply.

The Counsel were directed to withdraw:

Whereupon, the following Order and Judgement was made.

After hearing Counsel, as well on Wednesday and Thursday last, as this Day, upon the Petition and Appeal of Nicholas Ward Esquire, Administrator of all and singular the Goods and Chattels, Rights and Credits, which were of Vere Ward Gentleman, his late Father, deceased, and since revived in the Name of Charles Ward Heir at Law, Devisee and Residuary Legatee in the last Will and Testament of Nicholas Ward Esquire, his late Brother, deceased, and Administrator, with the Will annexed, of the said Nicholas Ward, and also Administrator of all and Angular the Goods and Chattels, Rights and Credits, which were of Vere Ward Gentleman, his late Father deceased, left unadministered by the said Nicholas Ward in his Life time, who was the eldest Son, Heir at Law, next of Kin, and Administrator of all and singular the Goods and Chattels, Rights and Credits, which were of the said Vere Ward his late Father, deceased, in his Life-time, and at the Time of his Death, complaining of a Decree of the Court of Chancery in Ireland, of the 25th of February 1774; and praying, That the same might be reversed or varied, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Robert Hartpole Esquire, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Judgement

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That so much of the said Decree as gives Costs either in the Original or Cross Causes, or laves any Remedy against the Representatives of George Hartpole; and also so much of the said Decree as enjoins the Respondent to be put into Possession, without further Order of the Court, be, and the same is hereby reversed: And it is further Ordered and Adjudged, That the Rest of the said Decree be, and the same is hereby affirmed, with the following Additions; (videlicet), After the Words [said Lease should be set aside], insert [ upon Payment of the Sum of Three, hundred Pounds, and the Money laid out by the Appellant’s Father in lasting Improvements upon the Premises, with Interest from the Death of the Respondent’s Father]; and after the Words [ Respondent’s Father], insert [ and also an Account of the said Three hundred Pounds, and Money laid out in Improvements, with Interest as aforesaid] And it is hereby also Ordered and Adjudged, That the Consideration of subsequent Costs, and all further Directions, be reserved till after the Master shall have made his Report, without Prejudice to the Court’s ordering Possession to be delivered, in the mean Time, to the Respondent, upon his giving Security to the Satisfaction of the Court, for the Money which may be due to the Appellant upon the Account before directed.

Thanks to Bp St. Davide for his Sermon.

Ordered, That the Thanks of this House be and are hereby given to the Lord Bishop of Saint David’s, 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.

Return of the Earl of Dunmore.

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 fit and vote in this House, in the Room of Thomas Earl of Cassillis 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 Thirteenth Day of December 1775, a Certificate under the Hands and Seals of Alexander Tait and David Ross, Esquires, Two of the principal Clerks of Session attending the Election after mentioned, by virtue of the Lord Clerk Register’s Commission to them granted, hath been delivered into the Crown Office in Chancery, whereby it appears, that John Earl of Dunmore was elected and chosen to fit and vote in the House of Peers in this present Parliament, in the Room of Thomas Earl of Cassillis deceased. Given under my Hand this Twenty-ninth Day of January 1776.
“John Yorke,
“Clerk of the Crown in Chancery.

Hutchinson against Gamble, et al. Pleadings proved.

The House being informed, “That Walter Sweetman Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein John Hely Hutchinson Doctor of Laws is Appellant, and William Gamble and others are Respondents:”

He was called in and delivered the same at the Bar; and attested upon Oath, “They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

Sir Edward Hales’s Estate Bill.

Hodie2a vice lecta est Billa, intituled, “An Act for vesting certain Leasehold Pieces of Ground in the Parish of Saint George Hanover Square, in the County of Middlesex, together with a Capital Messuage built on Part thereof, and devised by the Will of Sir John Hales Baronet, deceased, in Trustees, in Trust to assign the same to Henry Herbert Esquire, pursuant to an Agreement for that Purpose; and for applying the Consideration Money in such Manner as the Court of Chancery Shall direct.”

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

Ld. Privy Seal. L. Abp. Canter bury. L. Willoughby Par.
D. Chandos. L. Bp. St. Asaph. L. Cathcart.
E Denbigh. L. Bp. Chester. L. Trevor.
E. Berkeley. L. Bp. Worcester. L. Bruce.
E. Abercorn. L. Bp. Rochester. L. Hyde.
E. Galloway. L. Bp. Bangor. L. Mansfield.
E. Marchmont. L. Scarsdale.
E. Northington.
V. Falmouth.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Thursday the 15th Day of February next, at Ten o’ Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Whitfeld et al. Petition referred to Judges.

Upon reading the Petition of John Whitfeld of Watford Place in the Parish of Watford, in the County of Hertford, Esquire, and Elizabeth his Wife, and the Reverend Edward Woodcock the Younger, of Watford aforesaid, Doctor of Laws, and Hannah his Wife, for and on Behalf of themselves and their Eleven infant Children, videlicet, Edward Whitfeld Woodcock, Thomas Woodcock, Elizabeth Woodcock, Hannah Woodcock, Mary Woodcock, Jane Woodcock, Frances Carpenter Woodcock, Charlotte Woodcock, Susanna Woodcock, Sarah Woodcock, and John Woodcock, and of John Askell Bucknall of Oxley, in the Parish of Watford aforesaid, Esquire, and Edward Woodcock the Elder, of Lincoln’s Inn in the County of Middlesex 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 Ashurst and Mr. Baron Hotham, 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.

Sterne et al. Petition referred to Judges.

Upon reading the Petition of Susannah Sterne, Widow and Relict: of Willam Sterne deceased, on Behalf of herself and of her infant Children; and also the humble Petition of John Blake Gentleman, James Rothwell, and George Hodgkinson, 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 the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Eyre 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.

Blake against Perrin And Vaughan in Error.

Upon reading the Petition of Hannah Blake, Plaintiff in a Writ of Error depending in this House, and of William Ferrin and Thomas Vaughan, Defendants in the said Writ of Error; setting forth, “That this Cause Stands the Ninth for hearing in their Lordships Paper of Causes: That the Parties have for some Time been, and now are, under a Treaty of Compromise, but several of them living in Parts beyond the Seas in the West Indies, they have not yet been able finally to settle the Matters in dispute between them in this Cause; and therefore praying their Lordships, That the Hearing of this Cause may stand adjourned till after all the Causes already appointed:”

It is Ordered, That the Hearing of the said Cause be adjourned till after all the Causes already appointed as desired.

Cox against Cox:

Upon reading the Petition of Robert Albion Cox Esquire, Defendant in a Writ of Error depending in this House, wherein James Cox is Plaintiff; setting forth “That the Plaintiff has not assigned Errors within the Time ordered by the House and therefore praying, That the said Writ of Error may be nonpros’d, with such Costs as to their Lordships shall Seem meet:”

Writ of Error nonpros’d with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros on the said Writ of Error, as desired; and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by 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 Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Doyne against Daw et Ux. Petition to amend Appeal.

Upon reading the Petition of Robert Doyne Esquire, Appellant in a Cause depending in this House, to which Michael Daly and Johanna his Wife are Respondents, which Stands appointed for hearing; setting forth, “That the Petitioner presented his Appeal to their “Lordships from an Order of the Court of Exchequer in Ireland, of the 18th of February last, whereby it was referred to the Chief Remembrancer, or his Deputy, to appoint a Receiver of the Rents and Profits of the Petitioner’s Estates in the Pleadings mentioned: That the Petitioner is advised he cannot safely proceed to the Hearing of his Appeal, without extending the Prayer of Relief to the Reversal of the Decree made on the Hearing of the Cause the 29th of June 1771; as also to Two Orders of the 3d of June 1772, directing a Sale of the Trust Term, and the other of the 4th of December 1772, confirming the Sale thereof to the Purchaser; and therefore raying, That as the Amendments proposed will bring the full Merits of this Cause before their Lordships, to be finally settled and determined between the Parties, he may be at Liberty to amend his said Appeal, by extending the Prayer of Relief to the Reversal of the said Decree of the 29th of June 1771, and to the said Orders of the 3d of June and 4th of December 1772, as to the said Order of the 18th of February last, complained of in the said Appeal, he amending the Respondent’s Copy:”

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by extending the Prayer of Relief to the Reversal of the said Decree of the 29th of June 1771, and to the said Orders of the 3d of June and 4th of December 1772, as to the said Order of the 18th of February last, as desired, he amending the Respondent’s Copy.

D Goldon against Sir James Grant et al

Upon reading the Petition of Alexander Duke of Gordon Appellant in a Cause depending in this House, and of Sir James Grant Baronet, and others, Respondents thereto, setting forth, “That the Judgement in this Cause (proceeding chiefly on a Question of Fast, and a Variety of Evidence) was given by the Court of Session in their last Term; and the Depositions and Pleadings being very voluminous, whereby the Decree is swelled to an unusual Size, and on that Account it has not yet been in the Power of the Agents below to transmit the same; and as several Causes have been struck out of the Lift since this Appeal was set down for hearing, it will, as it now Stands, come on to be heard sooner than the Extract can be transmitted; and therefore praying, Their Lordships to put off the Hearing of this Cause to Thursday the 14th Day of March next, or to such other Bye-day in the present Session, as to their Lordships shall seem proper:”

It is Ordered, That the Hearing of the said Cause be put off to Thursday the 14th Day of March next, as desired.

Lady Holland et al Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable Mary Lady Dowager Holland, on Behalf of herself and of the Right Honourable Henry Richard Lord Holland her infant Son, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 vesting the Advowson of the Rectory of Pewsey, in the County of Wilts, (Part of the Estate comprized in the Marriage Settlement of Stephen late Lord Holland deceased), in Trustees, and their Heirs, in Trust, to be fold; and for laying out the Money to arise thereby, in finishing and compleating a Mansion House at Winterslow, in the same County.”

Adjourn.

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