House of Lords Journal Volume 34
February 1776, 1-10

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History of Parliament Trust

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1767-1830

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548-554

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'House of Lords Journal Volume 34: February 1776, 1-10', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 548-554. URL: http://british-history.ac.uk/report.aspx?compid=113696 Date accessed: 01 October 2014.


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Die Veneris, 2o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Asaphen. Comes Gower, Præses. Ds. Cathcart.
Epus. Cestrien. Dux Chandos. Ds. Bruce.
Epus. Bangor. Comes Denbigh. Ds. Scarsdale.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Viscount Falmouth.

PRAYERS.

Estcourts Petition referred to Judges.

Upon reading the Petition of Thomas Estcourt Esquire, on Behalf of himself, and of Thomas Grimston Estcourt his infant Son, Edmund Estcourt, Matthew Estcourt, Esquires, and Edward Estcourt Clerk, Thomas Estcourt Creswell Esquire, and Lydia Estcourt; 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 Blackstone, 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.

Lady Holland’s Estate Bill.

Hodie2a 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.

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

Ld. President. L. Bp. Ely. L. Willoughby Par.
D. Chandos. L. Bp. St. Asaph. L. Cathcart.
E. Denbigh. L. Bp. Chester. L. Bruce.
E. Abercorn. L. Bp. Bangor. L. Scarsdale.
E. Galloway.
E. Marchmont.
V. Falmouth.

Their Lordships, or any Five of them, to meet on Monday the 19th Day of this instant February, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Doyne against: Daly et Ux.

A 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, was presented and read; setting forth, “That the Petitioner having laid the Pleadings and Proceedings in this Cause before Counsel, the Petitioner was advised to apply to amend his Appeal, and which, by their Lordships Order of the 31st of January last, Liberty was given for that Purpose: That, upon receiving Counsels Opinion, the Petitioner’s Agent wrote immediately to Ireland, in the most pressing Terms, for the necessary Papers and Instructions to be sent over, in order to be prepared for hearing the Appeal; but the Intercourse between England and Ireland having of late been greatly impeded, the Petitioner’s Agent has not yet received the necessary Instructions and Papers relating there to and therefore praying their Lordships, as a speedy Progress, by Adjournment and otherwise, has been made in their Lordships Paper of Causes, That the Hearing of this Appeal may be adjourned for a Month, or to such other Time as their Lordships shall please to appoint.”

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 Friday the 1st of March next.

Kane against: Hamilton; Hearing put off with Costs.

The House was moved, “That the Standing Order, No. 117, relating to the Delivery of printed Cases on Appeals Four Days before the Hearing, might be read.”

The same was accordingly read by the Clerk.

Notice was taken by the House, “That the printed Cases for the Appellant in the Cause wherein James Kane Esquire is Appellant, and Nicholas Hamilton Clerk, is Respondent, which Stands appointed for hearing this Day, were not delivered to the Lords till this Day.”

The Agents on both Sides were called in, and examined in relation thereto:

And being withdrawn;

It was moved, “That the Hearing of this Cause be put off to Monday next; and that the Appellant do pay the Respondent his Costs of this Day.”

The same was agreed to, and ordered accordingly.

Then the Agents were again called in; and the Lord Chancellor acquainted them therewith; and also, “That the House expects from them, and all other Agents, a strict Adherence to the said Standing Order, No. 117, in future.”

They were directed to withdraw.

Adjourn.

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

Die Lunæ, 5o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Eliens. Dux Manchester. Ds. Willoughby Par.
Epus. Norvicen. Comes Abercorn. Ds. Romney.
Epus. Cestrien. Comes Galloway. Ds. Bruce.
Epus. Roffen. Comes Marchmont. Ds. Scarsdale.
Comes Hardwicke. Ds. Beaulieu.
Ds. Vernon.

PRAYERS.

Chatham to St. Dunstan’e Cross, &c. Roads Bill.

Hodie2a vice lecta est Billa, intituled, “An Act for continuing the Term, and varying the Powers, of Two Acts, passed in the Third and Seventeenth Years of His late Majesty King George the Second, for repairing the Road from that Part of Chatham which lies next to the City of Rochester, to Saint Dunstan’s Cross, near the City of Canterbury, in the County of Kent; and for amending and widening the Road from the present Turnpike Road at or near a Place called Makenade Corner, in the Parish of Preston, to Bagham Cross and Shalmsford Lane End, in the Parish of Chilham, in the said County.”

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

D. Manchester. L. Bp. London. L. Le Despencer.
E. Abercorn. L. Bp. Ely. L. Willoughby Par.
E. Galloway. L. Bp. Norwich. L. Romney.
E. Marchmont. L. Bp. Chester. L. Bruce.
E. Hardwicke. L. Bp. Rochester. L. Scarsdale.
L. Beaulieu.
L. Vernon.

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

Kane against Hamilton.

Ordered That the Hearing of the Cause wherein Joseph Kane Esquire is Appellant, and the Reverend Nicholas Hamilton is Respondent, which Stands appointed for this Day, be put off till To-morrow.

Sir Alexander Macdonald against M’Lord, Hearing put off to next Session.

Upon reading the Petition of Sir Alexander Macdonald Baronet Appellant in a Cause depending in this House, and of Norman M’Lord Esquire, Respondent thereto, which Stands appointed for hearing; setting forth, “That the Respondent in this Cause having lately come of Age, and Terms having been suggested for settling the Matters in Dispute between them without the Expence of further Litigation, both Parties are anxious to have Time for perfecting a friendly Accommodation of their Disputes; and therefore praying their Lordships, That the Hearing of this Cause may be put off till next Session of Parliament:”

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as desired.

Hewit et Ux. Petition referred to Judges.

Upon reading the Petition of the Reverend John Hewit Clerk, of Wilton in the County of Wilts, and Eluzay his Wife; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said, Petition be, and is hereby referred to the Lord Chief 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.

Adjourn.

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

Die Martis, 6o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Londin. Comes Gower Præses. Ds. Cathcart.
Epus. Cestrien. Dux Chandos. Ds. Trevor.
Epus. Wigorn. Dux Bridgewater. Ds. Edgecumbe.
Epus. Roffen. Comes Denbigh. Ds. Bruce.
Epus. Litch. & Cov. Comes Sandwich. Ds. Hyde.
Epus. Bangor. Comes Abercorn. Ds. Mansfield.
Comes Galloway. Ds. Scarsdale.
Comes Marchmont. Ds. Camden.
Comes Northington.
Comes Hillsborough.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Vanderheyden against Shepherd, in Error.

Whereas this Day was appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error brought into this House on the 30th of November 1775, wherein Dirk Vanderheyden is Plaintiff, and Henry Shepherd Defendant, in order to reverse a Judgement given in the Court of King’s Bench for the Defendant in Error; Counsel appearing for the said Defendant, but no Counsel for the Plaintiff in Error, (who made Default):

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal; in Parliament assembled, That the Judgement given in the Court of King’s Bench be, and the same is hereby affirmed; and that the Record be remitted, to the End Execution may be had thereupon as if no such Writ of Error had been brought into this House: And it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the said Defendant, the Sum of Forty Pounds for his Costs sustained by reason of bringing the said Writ of Error.

The Tenor of which Judgement to be affixed to the Transcript of the Record is as follows; (videlicet),

“On which Day, before the same Court of Parliament aforesaid at Westminster, in the said County of Middlesex, come the Parties aforesaid in their proper Persons; whereupon all and Singular the Premises being seen, and by the said Court now here fully understood, and the said Court having diligently examined and inspected, as well the. Record and Proceedings aforesaid as the Causes and Matters aforesaid, by the said Dirk Vanderheyden above assigned for Error, and mature Deliberation being thereupon had, it appears to the same Court of Parliament now here, that there is no Error either in the Record or Proceedings aforesaid, and that the same is in no Ways vitious or defective: Therefore it is considered, by the same Court of Parliament aforesaid, That the said Judgement be in all Things affirmed, and stand in its full Force and Effect, the said Causes and Matters by the said Dirk above assigned for Error in anywise not with Standing It is also further considered by the same Court of Parliament aforesaid now here, That the aforesaid Henry Shepherd recover against the said Dirk Forty Pounds to the said Henry, with his Assent by the same Court of Parliament aforesaid, according to the Form of the Statute in that Case made and provided, adjudged for his Damages, Costs, and Charges, which he hath sustained by Occasion of the Delay of the Execution of the Judgement aforesaid, by Pretext of prosecuting the said Writ of Error; and thereupon the Record aforesaid, and also the Process in the Premises in the same Court of Parliament, are remitted to the Court of our Lord the King, before the King himself, where so ever, &c. to the End that Execution maybe done thereupon, &c.”

Kane against Hamilton.

After hearing Counsel in Part in the Cause wherein Joseph Kane Esquire is Appellant, and the Reverend Nicholas Hamilton is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which Stands for To-morrow be put off to Friday next; and that the Rest of the Causes be removed in Course.

Campbell et al. against Shepherd et al.

Upon reading the Petition and Appeal of Messieurs Campbell, Robertson, and Company, Merchants in Glasgow complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of June 1775; and also of another Interlocutor of the said Lords, of the 16th of January last, adhering thereto; and praying, “That the same may be reversed, varied, or altered, 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 Shepherd Merchant in London, and his Attornies, may be required to answer the said Appeal:”

It is Ordered, That the said William Shepherd and his Attornies 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 5th Day of March next; and Service of this Order upon the said Respondents, or upon their known Procurators or Agents in the Court of Session in Scotland,Shall be deemed good Service.

Spald wick with Upthorpe, &c. Exchange of Lands in, Bill.

A Message was brought from the House of Commons, by the Earl Ludlow, and others:

With a Bill, intituled, “An Act for exchanging certain Lands in the Parish and Liberties of Spald wick with Upthorpe, for other Lands in the Parish of Long Stow, in the County of Huntingdon, in the Manner, and for the Purposes therein mentioned to which they desire the Concurrence of this House.

Gunby and North Witham Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln;” to which they desire the Concurrence of this House.

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

Adjourn.

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

Die Mercurii, 7o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Cestrien. Ds. Cathcart.
Epus. Litch. & Cov. Ds. Edgecumbe.
EPUS. Bangor. Comes Gower, Præses. Ds. Bruce.
Dux Bolton. Ds. Mansfield.
Dux Chandos. Ds. Lyttelton.
Comes Hertford Camerarius. Ds. Scarsdale.
Comes Carlisle.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Strafford.
Comes Hillsborough.

PRAYERS

Kane against Hamilton:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Joseph Kane Esquire, complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 5th Day of May 1774; and praying, “That the same might be reversed, 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 the Reverend Nicholas Hamilton, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decree reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Decree, so far as it relates to the original Cause, be, and the same is hereby reversed: And it is further Ordered, That the Respondents original Bill be dismissed.

E. Strathmore et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable John Bowes Earl of Strathmore, and the Right Honourable Mary Eleanor Bowes Countess of Strathmore his Wife, on Behalf of themselves and their infant Children; 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 Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates devised by the Will of George Bowes Esquire, deceased), in Trustees to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Messuages, Lands, Tenements, or Hereditaments, to be settled to the same Uses.”

Upsold’s Petition referred to Judges.

Upon reading the Petition of William Upsold Gentleman, 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 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.

Gurby and North Witham Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln.”

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

Ld. President. L. Bp. Ely. L. Willoughby Par.
D. Bolton. L. Bp. Chester. L. Cathcart.
D. Chandos. L. Bp. Litch. & Cov. L. Edgecumbe.
L. Bruce.
Ld. Chamberlain. L. Bp. Bangor. L. Mansfield.
E. Carlisle. L. Lyttelton.
E. Abercorn. L. Scarsdale.
E. Galloway.
E. Marchmont.
E. Strafford.
E. Hillborough.

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

Spaldwick with Upthorpe, &c. Exchange of Lands in, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for exchanging certain Lands in the Parish and Liberties of Spaldwick with Upthorpe, for other Lands in the Parish of Long Stow, in the County of Huntingdon, “in the Manner and for the Purposes therein mentioned.”

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.

Adjourn.

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

Die Veneris, 9o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Bath. & Wells. Ds. Willoughby Par.
Epus. Asaphen. Comes Gower, Præses. Ds. Cathcart.
Epus. Cestrien. Comes Dartmouth, C.P.S. Ds. Trevor.
Epus. Reffen. Ds. Sandys.
Epus. Litch. & Cov. Ds. Bruce.
Epus. Bangor. Dux Chandos. Ds. Hyde.
Comes Carlisle. Ds. Scarsdale.
Comes Abercorn.
Comes Galloway.
Comes Macclesfield.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Uday against Robertson.

After hearing Counsel, in Part, in the Cause wherein Alexander Udny of Udny Esquire, is Appellant, and Andrew Robertson of Foveran Esquire, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Cause which stands for Monday next, be put off to Wednesday next.

E. Strathmore’s Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting certain Messuages, Lands, and Hereditaments, in the several Counties of Durham, Middlesex, Berks, and Sussex, and in the City of London, (Part of the Freehold and Copyhold Estates devised by the Will of George Bowes Esquire, deceased), in Trustees, to be sold or exchanged; and for laying out the Money to arise thereby in the Purchase of other Messuages, Lands, Tenements, or Hereditaments, to be settled to the same Uses.”

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

Ld. President. L. Bp. London. L. Le Despencer.
Ld. Privy Seal. L. Bp. Bath & Wells. L. Willoughby Par.
L. Cathcart.
D. Chandos. L. Bp. St. Asaph. L. Trevor.
E. Carlisle. L. Bp. Chester. L. Sandys.
E. Abercorn. L. Bp. Rochester. L. Bruce.
E. Galloway. L. Bp. Litch. & Cov. L. Hyde.
E. Macclesfield. L. Scarsdale.
V. Falmouth. L. Bp. Bangor.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Monday the 26th Day of this instant February, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Gunby and North Witham Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln,”was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Spaldwick with Upthorpe, &c. Exchange of Lands in. Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for exchanging certain Lands in the Parish and Liberties of Spaldwick with Upthorpe, for other Lands in the Parish of Long Stow, in the County of Huntingdon, in the Manner and for the Purposes therein mentioned,” was committed.

Smith’s Petition referred to Judges.

Upon reading the Petition of John Smith an infant under the Age of Twenty-one Years, by the Honourable and Reverend John Tracy Doctor in Divinity, Warden of All Souls College in the University of Oxford, and Robert Cary of Hampstead, in the County of Middlesex, Esquire, his Uncles and Testamentary Guardians; 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.

Marshall et al. Petition referred to Judges.

Upon reading the Petition of Rosamond Marshall Widow of Francis Marshall, late of Isington, in the County of Middlesex, Esquire, deceased; James Russell of Fleet Street, in the City of London, Haberdasher; John Bragg Russell of the same Place, Haberdasher; and Richard Hoare of Boreham, in the County of Essex, 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 Aston 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.

Abdy’s Petition referred to Judges.

Upon reading the Petition of Thomas Abdy Abdy an infant under the Age of Twenty-one Years, by Charlotte Elizabeth Rutherforth Widow, his Mother and Guardian; 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 Aston, 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.

Heywood et Ux. Petition referred to Judges.

Upon reading the Petition of Peter John Heywood Esquire, and Elizabeth Heywood his Wife, for and on the Behalf of themselves and James Heywood, Peter Heywood, Mary Heywood, Hester Heywood, Elizabeth Heywood, and Isabella Heywood, their infant Children; 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 Aston, 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.

Jellett et Ux. Petition referred to Judges.

Upon reading the Petition of Morgan Jellett and Brilliana his Wife, in Behalf of themselves and their Children, Ruth Jellett, Mary Jellett, Brilliana Jellett,Morgan Jellett, and Ann Jellett, who are all of them Infants under the Age of Twenty-one Years; and also of Ruth Grasham, Widow of William Grasham, in Behalf of herself and her only Child Stanhope Mason Grasham, who is also an Infant 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 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 figured the Petition; and also that the Judges, having perused the Bill, do sign the same.

Medows for a Bill to take the Name of Theobald

Upon reading the Petition of John Theobald (late John Medows) of Hemingstone, in the County of Suffolk, Gentleman, and John Medows of Claydon, in the said County, eldest Son and Heir Apparent of the said John Theobald, praying Leave to bring in a Bill to amend “An Act, passed in the Fourteenth Year of His present Majesty, to enable the Petitioner John Theobald and his Issue Male, to take the Surname and Arms of Theobald,” and to enable the Petitioner John Medows, and the Heirs of his Body, to take upon themselves the Name and Arms of Theobald, pursuant to the Will of Elizabeth Theobald Widow, deceased:

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

Munro against Fraser

Upon reading the Petition and Appeal of George Munro of Culcairn, Esquire, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th of June and 3d of August 1770; also of another and of Two Interlocutors of the Lord Ordinary there, of the 11th and 26th of July 1775; and of another Interlocutor of the said Lords, of the 19th of January 1776; 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 their Lordships, in their great Wisdom, shall seem meet; and that Alexander Fraser, Son and Heir of Robert Fraser of Phepachy, may be required to answer the said Appeal:”

It is Ordered, That the said Alexander Fraser may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 8th Day of March next; and Service of this Order upon the known Agenrs, for the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Ross against M Kenzie.

Upon reading the Petition and Appeal of John Ross of Auchnacloich, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 3rd and 24th of February 1714; also of Two Interlocutores of the Lord Ordinary there, of the 24th of July and 11th of December 1773; and of another Interlocutor of the said Lords, of the 21st of June 1774, so far as it adheres to the Lord Ordinary’s Interlocutor, finding those of 1714 to be final, and to be held as a res judicata; and of another Interlocutor of the said Lord Ordinary, of the 2d March 1775; and also of another Interlocutor of the said Lords, of the 26th of July last, so far as the same adheres to that of the Lord Ordinary; as also of another Interlocutor of the said Lords, of the 31st of January last; 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 Murdock McKenzie of Ardros, may be required to answer the said Appeal:”

It is Ordered, That the said Murdock McKenzie may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 8th Day of March next; and Service of this Order upon the known Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Adjourn

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Lunae, duodecimum diem instantis Februarii, hora undecima Aurorae, Dominis sic decernitibus.

Die Lunae, 12 Februarii 1776.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Cestrien.Comes Bathurst, Cancellarius.Ds. Le Despencer.
Epus. Wigorn.Comes Gower, Praeses.Ds. Willoughby Par.
Dux Bolton.Ds. Paget.
Dux Chandos.Ds. Cathcart.
Comes Denbigh.Ds. Trevor.
Comes Rochford.Ds. Hyde.
Comes Abercorn.
Comes Darlington.

Udny against Roberton:

PRAYERS

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Alexander Udny of Udny, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of December 1773; and also of another Interlocutor of the said Lords, of the 6th of July 1774; and praying upon the Merits of the Cause, “To alter the Interlocutors above recited, and to find in Terms of the Petitioner’s Claims or Libel, 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 Andrew Robertson of Foveran, Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of be, and the same are hereby affirmed.

Macdowall against Sir Witham More et al.

Ordered, That the Hearing of the Cause wherein Elizabeth Macdowall Widow is Appellant, and Sir William More Baronet, and others, are Respondents, which stands appointed for Wednesday next, be put off to Monday the 4th Day of March next.

Gunby and North Withum Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Fields, Meadow, Pasture, and other Commonable and Waste Grounds, within the Liberties of Gunby and North Witham, in the County of Lincoln.”

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

It was resolved in the Affirmative.

Spaldwick with Upthorpe, &c. Exchange of Lands in, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for exchanging certain Lands in the Parish and Liberties of Spaldwick with Upthorpe, for other Lands, in the Parish of Long Stow, in the County of Huntingdon, in the Manner and for the Purposes therein mentioned.”

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 Two preceding Bills.

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

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

Hinde et Ux. Petition referred to Judges.

Upon reading the Petition of Jacob Hinde of Henrietta Street, Cavendish Square, in the County of Middlesex, Esquire, and Anne his Wife, heretofore Anne Thayer Spinster, in Behalf of themselves and of their infant Children; 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 Aston, 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.

Hooper et Ux. against Kennedy.

A Petition of Doctor Thomas Hooper and Mary his Wife, Appellants in a Cause depending in this House, to which Gilbert Kennedy is Respondent, was presented and read; setting forth, “That this Cause now stands in Course for Hearing on Friday next: That by Means of several Causes having been struck out of their Lordships Paper, and others adjourned, this Cause hath been brought forwards for hearing much sooner than the Petitioners expected; and they are therefore not at present prepared for hearing the same;” and humbly pray their Lordships, “That this Cause may Hand adjourned for a Fortnight, or such other Time 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 this Cause be put off till after all the Causes already appointed.

Horneck for a Divorce Bill.

Upon reading the Petition of Charles Horneck Esquire; praying Leave to bring in a Bill to dissolve his Marriage with Sarah Keppel his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

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

Horsham, &c Road Bill.

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

With a Bill, intituled, “An Act for continuing the Term, and enlarging the Powers, of an Act, made in the Twenty-eighth Year of the Reign of His late Majesty, “for widening and repairing the Road leading from Horsham, in the County of Sussex, through Capell, Dorking, Mickleham, and Leatherhead, to the Watch-House in Ebbisham, in the County of Surrey; and from Capell to Stone Street, in the Parish of Ockley, in the said County of Surrey;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Horneck’s Divorce Bill.

The Lord Cathcart presented to the House (pursuant to an Order of Leave) a Bill, intituled, “An Act to dissolve the Marriage of Charles Horneck Esquire with Sarah Keppel, 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 Thursday the 7th Day of March next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Charles Horneck 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 Sarah Keppel may have a Copy of the Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.

Adjourn.

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

Die Jovis, 30o Novembris 1797

F. Bristol.

Napier.

Walsingham.