House of Lords Journal Volume 35
November 1776 11-20

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History of Parliament Trust

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1767-1830

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18-25

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'House of Lords Journal Volume 35: November 1776 11-20', Journal of the House of Lords volume 35: 1776-1779 (1767-1830), pp. 18-25. URL: http://british-history.ac.uk/report.aspx?compid=116583 Date accessed: 22 September 2014.


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November 1776 11-20

DIE Lunæ, 11o Novembris 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Londin.
Epus. Cestrien.
Epus. Wigorn.
Epus. Bangor.
Comes Dartmouth, C.P.S.
Dux Bolton.
Comes Denbigh.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Ilchester.
Comes Mansfield.
Viscount Townshend.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Osborne.
Ds. Scarsdale.
Ds. Hume.
Ds. Amherst.
Ds. Brownlow.

PRAYERS.

The Earl of Mansfield fat Speaker by virtue of a former Commission.

E. Ilchester takes his Seat.

This Day Henry Thomas Earl of Ilchester sat first in Parliament, after the Death of his Father Stephen Fox Earl of Ilchester; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King of Arms delivered in at the Table, the Pedigree of Henry Thomas Earl of Ilchester, pursuant to the Standing Order.

Mackdowall against Sir William More et al.:

After hearing Counsel this Day upon the Petition and Appeal of Elizabeth Mackdowall Widow, complaining of a Decree of the Court of Chancery of the 13th of June 1774; and praying, "That the same might be reversed, and that their Lordships would be pleased to order the Petitioner might have Satisfaction for her Demands out of the Estates in the said Petition mentioned, and in the Manner prayed by her Bill, or in such other, as to their Lordships shall seem meet;" as also upon the Answer of Sir William More Baronet, Edward Smith Clerk, Henrietta Maria More his Wife, Rebecca Ellis Widow, William Popple, Magdalen Augusta Isabella Popple, Joseph Letch, and Vincent Mathias, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

MacLeod et al. against Ross.

Upon reading the Petition and Appeal of Robert Bruce Æneas MacLeod of Cadboll, and his Tutors, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 5th and 15th of December 1775; and also of an Interlocutor of the Lords of Session there, of the 11th of July 1776; and praying, "That the same may be reversed, varied, or amended, 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 Munro Ross of Pitcalny, and Jean Ross, Grand-daughter of the late Alexander Ross of Pitcalny, may be required to answer the said Appeal:"

It is Ordered, That the said Munro Ross and Jean Ross 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 9th Day of December next; and Service of this Order upon the Procurators or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Countess of Wemyss against Wemyss et al.

Upon reading the Petition and Appeal of Janet Countess Dowager of Wemyss, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d and 20th of February 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 this House, in their Lordships great Wisdom, shall seem meet; and that James Wemyss of Wemyss, John Hamilton of Bargeny, Walter Wemyss of Lathocker, James Wemyss of Winthank, David Anderson Writer to the Signet, and the Lord Advocate for Scotland for the Time being, may be required to answer the said Appeal:"

It is Ordered, That the said James Wemyss, and the said several other Persons last named, 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 9th Day of December next; and Service of this Order upon the said Respondents, or upon any of their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Ross against Ross et al.

Upon reading the Petition and Appeal of Captain John Ross of Balnagown, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 15th of February and 1st of March 1769; and also of Two Interlocutors of the Lord Ordinary there, of the 17th of July and 19th of November 1771; and praying, "That the same may be reversed, varied, or amended, 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 Munro Ross of Pitcalny, and Jean Ross, Grand-daughter of the late Alexander Ross of Pitcalny, Sir Harry Munro of Fowlis, and the other Creditors on the Estate of Mulderg, may be required to answer the said Appeal:"

It is Ordered, That the said Munro Ross, and the said several other Persons last named, 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 9th Day of December next; and Service of this Order upon the Procurators or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Mortimer and Kirkman against Lloyd:

Upon reading the Petition and Appeal of Hans Wintrop Mortimer Esquire, and Robert Kirkman Gentleman, complaining of an Order or Decree of the Court of Exchequer of the 11th of December 1775; and praying, "That the same may be reversed and set aside, 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 Owen Lloyd, Clerk, may be required to answer the said Appeal:"

It is Ordered, That the said Owen Lloyd, may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday, the 25th Day of this instant November; and that Service of this Order upon the Clerk in Court of the said Respondent, in the said Court of Exchequer, shall be deemed good Service.

Hill to enter into Recognizance on it.

The House being moved, "That Joseph Hill, of the Six Clerks Office, London, Gentleman, may be permitted to enter into a Recognizance for Hans Wintrop Mortimer Esquire, and Robert Kirkman Gentleman, on Account of their Appeal depending in this House, they residing in the Country:"

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

E. Bective against Hamilton et al.

Upon reading the Petition and Appeal of the Right Honourable Thomas Earl of Bective, in the Kingdom of Ireland, complaining of a Decree of the Court of Chancery in Ireland, of the 3d of May 1776, made in a certain Cause, wherein the said Thomas Earl of Bective was Plaintiff, and Robert Hamilton, Benjamin Geale, Hans Hamilton, James Hamilton, and Benedict Hamilton; John Hamilton, James Hamilton, Hans Hamilton, Hans Hamilton his Son and Heir, and Henry Hamilton, James Hamilton, John Hamilton, and Robert Hamilton, also Sons of the said James Hamilton, Anne Hamilton, Jane Hamilton, Henry Hamilton and Margaret his Wife, and Sophia Hamilton, were Defendants; and praying, "That the same may be reversed, 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 the said Robert Hamilton, Benjamin Geale, Hans Hamilton, James Hamilton, and Benedict Hamilton, John Hamilton, James Hamilton, Hans Hamilton, Hans Hamilton his Son and Heir, and Henry Hamilton, James Hamilton, John Hamilton, and Robert Hamilton, also Sons of the said James Hamilton, Anne Hamilton, Jane Hamilton, Henry Hamilton and Margaret his Wife, and Sophia Hamilton, may be required to answer the said Appeal:"

It is Ordered, That the said Robert Hamilton, and the said several other Persons last named, 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 16th Day of December next; and Service of this Order upon the Clerk in Court of the said Respondents, in the said Court of Chancery in Ireland, shall be deemed good Service.

Mackenzie to enter into Recognizance on L. Falconer's Appeal.

The House being moved, "That John Mackenzie, of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for William Lord Falconer, of Halkerton, on Account of his Appeal depending in this House, he residing in a Foreign Country:"

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

Adjourn.

Comes Mansfield Capitalis Justiciarius (fn. 1) Banci Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 13o Novembris 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Chandos.
Comes Chesterfield.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Mansfield.
Viscount Falmouth.
Viscount Hampden.
Ds. Willoughby Par.
Ds. Scarsdale.
Ds. Amherst.

PRAYERS.

E. Chesterfield takes his Seat.

This Day Philip Earl of Chesterfield sat first in Parliament, after the Death of his Cousin Philip Earl of Chesterfield, his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration; and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree dellivered.

Garter King of Arms delivered in at the Table, the Pedigree of Philip Earl of Chesterfield, pursuant to the Standing Order.

Allan and Smith against Sinclair:

After hearing Counsel this Day upon the Petition and Appeal of Jean Allan, Sister-German of Captain James Allan, of His Majesty's Navy, deceased, and Wife of Donald Smith, Tacksman of Landside in Orkney, and the said Donald Smith for his Interest, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 16th of July, and 13th and 27th of November 1773; also of an Interlocutor of the Lords of Session there, of the 18th of January 1774; and of Five other Interlocutors of the said Lord Ordinary, of the 22d of February and the 5th and 26th of July 1774, and 26th of July and 2d of August 1775; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just:" As also upon the Answer of Arthur Sinclair 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 several Interlocutors therein complained of be, and the same are hereby affirmed.

Lawson against Lawson et al.

Upon reading the Petition and Appeal of Winifred Lawson Widow and Executrix of Hylton Lawson Esquire, deceased, complaining of a Decree of the Court of Chancery of the 7th of March 1772; and also of another Decree of the said Court of the 18th of May 1776; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed, 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 John Lawson Esquire, and Francis Stuart and Mary his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said John Lawson, and Francis Stuart and Mary 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 Wednesday the 27th Day of this instant November; and Service of this Order upon the Counsel, Agent, Solicitor, or Six Clerk, of the said Respondents, in the said Court of Chancery, shall be deemed good Service.

Hamlin et Ux. against Blacker and Hamlin.

Upon reading the Petition and Appeal of Thomas Hamlin Esquire, and Jane his Wife, complaining of Two Orders of the Court of Chancery in Ireland, of the 1st of March and 7th of July 1776; 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 Lathum Blacker, and Mary Hamlin Daughter of the said Thomas Hamlin, and Jane his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said William Lathum Blacker and Mary Hamlin, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 18th of December next; and Service of this Order upon the said Respondents, or upon their Six Clerk, Agent, Attorney, or Solicitor, in the said Court of Chancery in Ireland, shall be deemed good Service.

Cochran to enter into Recognizance on Ross's Appeal;

The House being moved, "That William Cochran of Saint Albans Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Captain John Ross of Balnagown, on account of his Appeal depending in this House, he living in Scotland:"

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

and on MacLeod's et al. Appeal.

The House being moved, "That William Cochran of Saint Albans Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Robert Bruce Æneas MacLeod of Cadboll, and his Tutors, on account of their Appeal depending in this House, they living in Scotland:"

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

Troward to enter into Recognizance on Lawson's Appeal.

The House being moved, "That Richard Troward of Gray's Inn, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Winifred Lawson Widow, on account of her Appeal depending in this House, she residing in the Country:"

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

Graham against Irving et al.:

Upon reading the Petition of Alexander Graham, Appellant in a Cause depending in this House, to which John Irving, and others, are Respondents, which stands appointed for hearing; setting forth, "That last Session of Parliament he presented his Appeal to their Lordships, against certain Interlocutors of the Court of Session in Scotland, but he is now advised to withdraw the same;" and therefore praying their Lordships, "That he may be permitted to withdraw his said Appeal, without Payment of Costs, the Agent for the said Respondents having signed the said Petition, as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, without Payment of Costs, as desired.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Ann Glascott Widow, and others, are Appellants, and Nathaniel Wigmore is Respondent, which stands appointed for Friday next, be put off to Monday next; and that the Rest of the Causes be removed in Course.

Appeals left with the Clerk to be read next Sitting Day.

It being proposed, "To adjourn beyond the Time limited by their Lordships Standing Order, for presenting Appeals, (being Fourteen Days from the First Day of every Session):"

It is Ordered, That all such Appeals as shall be left at the Parliament Office, with the Clerk, within the Time limited by the said Standing Order, during the Adjournment of the House, be read the next Sitting Day of the House.

Baillie against Chaigneau and Keogh, Pleadings proved.

The House being informed, "That Mr. Thomas Craufurd attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause, wherein Arthur Baillie Esquire, is Appellant, and William Chaigneau Esquire, and John Keogh, 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.

Pilkington against Bayley.

Upon reading the Petition and Appeal of Thomas Pilkington Gentleman, complaining of a Decretal Order of Dismission of the Court of Chancery, of the 3d of May. 1776; and praying, "That the same may be reversed, or that their Lordships will be pleased to make such other Order therein as shall be just; and that Frances Bayley Widow, may be required to answer the said Appeal:"

It is Ordered, That the said Frances Bayley Widow, may have a Copy of the said Appeal, and do put in her Answer thereunto, in Writing, on or before Wednesday, the 27th Day of this instant November; and Service of this Order upon the Clerk in Court of the said Respondent, in the said Court of Chancery, shall be deemed good Service.

Sutherland against Countess of Sutherland et al.

Upon reading the Petition and Appeal of Andrew Sutherland, of Cambusavie, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of December 1772, and 6th of March 1773; as also of Two Interlocutors of the Lord Ordinary there, of the 26th of June and 31st of July 1773; and also of Three other Interlocutors of the said Lords, of the 16th of February 1774, 12th of December 1775, and 21st of February 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 this House, in their Lordships great Wisdom, shall seem meet; and that Elizabeth Countess of Sutherland, and her Tutors, may be required to answer the said Appeal:"

It is Ordered, That the said Elizabeth Countess of Sutherland, and her Tutors, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday, the 11th Day of December next; and Service of this Order upon the known Agents for the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

D. Manchester's Petition referred to Judges.

Upon reading the Petition of the Most Noble George Duke and Earl of Manchester, 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.

Lane to enter into Recognizance on E. Bective's Appeal.

The House being moved, "That John Lane, of King Street, Covent Garden, Gentleman, may be permitted to enter into a Recognizance for the Right Honourable Thomas Earl of Bective, in the Kingdom of Ireland, on Account of his Appeal depending in this House, he residing in Ireland:"

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

Tancred to enter into Recognizance on Pilkington's Appeal.

The House being moved, "That Darcy Tancred, of the Six Clerks Office, London, Gentleman, may be permitted to enter into a Recognizance for Thomas Pilkington, Gentleman, on Account of his Appeal depending in this House, he residing in the Country:"

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

Gottlieb takes the Oaths for his Naturalization.

Andreas Gottlieb took the Oaths appointed in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Andreas Gottlieb."

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

Ld. President.
D. Chandos.
E. Chesterfield.
E. Abercorn.
E. Galloway.
E. Marchmont.
E. Mansfield.
V. Falmouth.
V. Hampden.
L. Bp. London.
L. Bp. Durham.
L. Bp. Bangor.
L. Willoughby Par.
L. Scarsdale.
L. Amherst.

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

Adjourn.

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

DIE Lunæ, 18o Novembris 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Norvicen.
Epus. Wigorn.
Epus. Cestrien.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Bridgewater.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Oxford.
Comes Clarendon.
Comes Mansfield.
Viscount Falmouth.
Viscount Hampden.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Brownlow.

PRAYERS.

Glascott, et al. against Wigmore.

After hearing Counsel in Part, in the Cause wherein Ann Glascott Widow, and others, are Appellants, and Nathaniel Wigmore is Respondent:

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

Commissioners of Westminster Bridge, Accounts from, delivered.

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

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

A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 12th Day of December 1775, to the 5th Day of November 1776, inclusive.

"Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1775, to the 10th Day of October 1776, together with a Rent Roll, and an Account of Bridge Rents, received from 5th July 1775, to 5th July 1776."

And then he withdrew.

And the Titles thereof being read by the Clerk;

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

Thomson against Scotlands.

Upon reading the Petition and Appeal of the Reverend Mr. James Thomson Minister of the Gospel, in Dumfermline, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th of December 1775, and 8th of August 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 this House, in their Lordships great Wisdom, shall seem meet; and that John, Robert, and David Scotlands, Merchants in Dumfermline, may be required to answer the said Appeal:"

It is Ordered, That the said John, Robert, and David Scotlands, 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 16th Day of December next; and Service of this Order upon the Counsel or Agents of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Faichneys against Faichney.

Upon reading the Petition and Appeal of William and George Faichneys, Merchants in Perth, complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th July 1776; and praying, "That the same may be reversed, varied, or altered, and that an Interlocutor of the said Lords, of the 26th of January 1776, assoilzying the Defenders may be affirmed, 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 John Faichney eldest Son of Joseph Faichney deceased, may be required to answer the said Appeal:"

It is Ordered, That the said John Faichney may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 16th Day of December next; and Service of this Order upon the Procurators or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Ross et al. against Ross.

Upon reading the Petition of Mrs. Elizabeth Ross, and others, Executors of Hugh Ross Esquire, deceased, Appellants in a Cause depending in this House, to which David Ross is Respondent; setting forth, "That several Appeals standing for hearing before this in their Lordships Paper, having been withdrawn, the Hearing of this Appeal stands now too near for the Petitioners to be prepared for the same, their Agent in Scotland not having yet transmitted the Exhibits or the Extracts of the Decree in this Cause, but which is expected in the Course of next Month; and as the Matters in Dispute are between near Relations, and now under a Treaty of Compromise," the Petitioners therefore most humbly pray "Their Lordships to put off the Hearing of this Cause to the First Cause Day after the Recess at Christmas, or to such other Day after that Recess 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 till after all the Causes already appointed.

Irving to enter into Recognizance on Lady Wemyss's Appeal.

The House being moved, "That John Irving of the Middle Temple, London, Gentleman, may be permitted to enter into a Recognizance for Janet Countess Dowager of Wemyss, on account of her Appeal depending in this House, she residing in Scotland:"

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

Ross to enter into Recognizance on Sutherland's Appeal.

The House being moved, "That William Ross of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for Andrew Sutherland of Cambusavie, on account of his Appeal depending in this House, he living in Scotland:"

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

Barker to enter into Recognizance on Hamlin's et Ux. Appeal.

The House being moved, "That Henry Barker of Gray's Inn, London, Gentleman, may be permitted to enter into a Recognizance for Thomas Hamlin Esquire, and Jane his Wife, on account of their Appeal depending in this House, they residing in Ireland:"

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

Land Tax Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper, 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-seven;" to which they desire the Concurrence of this House.

Hodie 1a & 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-seven."

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.

Hartman's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Dorothea Margreta Hartman;" 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, decimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 19o Novembris 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor. Comes Bathurst, Cancellarius.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Clarendon.
Comes Mansfield.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Scarsdale.

PRAYERS.

Glascott et al. against Wigmore:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Ann Glascott Widow, Francis Glascott, George Glascott, William Glascott, and Thomas Glascott, by their Mother and Guardian, complaining of a Decree of the Court of Exchequer in Ireland, on the 16th of May 1770; and praying, "That the same might be reversed, or that the Appellants 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 Nathaniel Wigmore, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

E. Cassillis returned as a Scots Peer.

This Day the Deputy Clerk of the Crown in Chancery delivered in a Certificate of the Name of the Peer of Scotland, who by virtue of His Majesty's Proclamation is chosen to sit and vote in this House, in the room of Charles Lord Cathcart, 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 Twenty-fifth Day of September 1776, a Certificate, under the Hands and Seals of Alexander Tait and John Mackenzie Esquires, Two of the principal Clerks of Session attending the Election after mentioned, in virtue of the Lord Clerk Register's Commission to them granted, hath been delivered into the Crown Office in Chancery, whereby it appears, that David Earl of Cassillis was elected and chosen to sit and vote in the House of Peers, in this present Parliament, in the room of Charles Lord Cathcart, deceased. Given under my Hand, this Eighteenth Day of November 1776.

John Yorke,

"Clerk of the Crown in Chancery."

Jackson against Hogan, Writ of Error:

Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein Rowland Jackson Esquire is Plaintiff, and John Hogan is Defendant, which stands appointed for To-morrow, be put off to Friday the 29th Day of this instant November.

Judges to attend.

Ordered, That the Judges do attend this House on Friday the 29th Day of this instant November, upon arguing the Errors assigned upon the Writ of Error, wherein Rowland Jackson Esquire is Plaintiff, and John Hogan is Defendant.

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-seven."

After some Time the House was resumed:

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

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-seven."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

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

Hartman's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Dorothea Margreta Hartman."

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

E. Abercorn.
E. Galloway.
E. Marchmont.
E. Clarendon.
E. Mansfield.
V. Falmouth.
L. Bp. Bangor. L. Willoughby Par.
L. Onslow.
L. Scarsdale.

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

Taylor against Sir William Gordon:

A Petition of William Taylor, Appellant in a Cause depending in this House, to which Sir William Gordon Baronet, is Respondent, which stands appointed for hearing, was presented and read; setting forth, "That the Petitioner presented his Appeal to their Lordships from certain Interlocutors pronounced by the Lords of Session in Scotland, but he is now advised to withdraw his said Appeal;" and therefore praying their Lordships, "That he may be at Liberty to withdraw the same."

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

And being withdrawn:

Appeal withdrawn with Costs.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of £.80 Costs to the Respondent.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Alexander Elliot and others are Appellants, and William Wilson and Company, Merchants in Glasgow, are Respondents, which stands appointed for Friday next, be put off to Monday next; and that the rest of the Causes be removed in course.

Ferguson et al. against Fall.

Upon reading the Petition of John Ferguson and others, Appellants in a Cause depending in this House, and of Robert Fall Esquire, Respondent thereto; setting forth, "That the Appellants in the last Session presented their Appeal from certain Interlocutors of the Court of Session in Scotland, affirming an Order of the Justices of Peace of the County of Haddington, for shutting up a Road or Passage in the Town of Dunbar: That upon a Motion of the Respondent this Session, the Cause was appointed for hearing, and now, by several other Causes being withdrawn or postponed, stands for an early Day: That the Question cannot be made intelligible without a Plan of the Roads or Passages in Dispute, which, as well as several other necessary Writings, are not yet received from Scotland, the Cause not being expected to be heard so soon:" And therefore praying their Lordships, "To put off the Hearing of this Cause till the First Day for hearing Causes after the Recess, or to such other Day as their Lordships shall please to appoint:"

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.

Lady Cranston et. Mar. against Scott et al.

Upon reading the Petition and Appeal of Sophia Lady Cranston and Michael Lade Esquire, her Husband, for his Interest, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 5th of July, and 14th of November, 1775; and also of Two Interlocutors of the Lords of Session there, of the 22d of February, and 10th of August, 1776; 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 George Lewis Scott, and other Creditors ranked among the Estates of Crailing and Wauchope, may be required to answer the said Appeal:"

It is Ordered, That the said Lewis Scott, and other Creditors ranked among the Estates of Crailing and Wauchope, 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 17th Day of December next; and Service of this Order upon the said Respondents, or upon their known Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Gottlieb's Nat. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Andreas Gottlieb," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Melasse's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Gilles Prudent Melasse;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Private Bills, Time limited for receiving Reports on.

Ordered, That this House will not receive any Report from the Judges, upon Petitions presented to this House for Private Bills, after Thursday the 27th Day of March next, during this Session of Parliament.

Ordered, That the said Order be affixed on the Doors of this House and Westminster Hall.

Adjourn.

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

DIE Mercurii, 20o Novembris 1776.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Londin.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Dux Gordon.
Dux Ancaster, Magnus Camerarius.
Dux Bridgewater.
Comes Talbot, Senescallus.
Comes Doncaster.
Comes March.
Comes Marchmont.
Comes Oxford.
Comes Buckinghamshire.
Comes Ailesbury.
Comes Clarendon.
Viscount Townshend.
Viscount Falmouth.
Viscount Dudley & Ward.
Ds. Le Despencer.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Edgcumbe.
Ds. Scarsdale.
Ds. Boston.
Ds. Hume.
Ds. Amherst.
Ds. Brownlow.

PRAYERS.

Gottlieb's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Andreas Gottlieb."

The Question was put, "Whether this Bill shall pass?"

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To carry down the said Bill, and desire their Concurrence thereto.

Spottiswoode to enter into Recognizance on Lady Cranston's Appeal.

The House being moved, "That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Sophia Lady Cranston, and Michael Lade Esquire, her Husband, on Account of their Appeal depending in this House, they living in Scotland:"

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

and on Thomson's Appeal.

The House being moved, "That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for the Reverend Mr. James Thomson, Minister of the Gospel in Dumfermline, on Account of his Appeal depending in this House, he living in Scotland:"

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

Melasse's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Gilles Prudent Melasse."

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

D. Gordon.
D. Ancaster.
D. Bridgewater.
Ld. Steward.
E. Doncaster.
E. March.
E. Marchmont.
E. Oxford.
E. Buckinghamshire.
E. Ailesbury.
E. Clarendon.
V. Townshend.
V. Falmouth.
V. Dudley & Ward.
L. Abp. Canterbury.
L. Bp. London.
L. Bp. Bangor.
L. Le Despencer.
L. Willoughby Par.
L. Onslow.
L. Edgcumbe.
L. Scarsdale.
L. Boston.
L. Hume.
L. Amherst.
L. Brownlow.

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

Bp. Litchfield & Cov. to preach on Fast Day.

Ordered, That the Lord Bishop of Litchfield and Coventry be, and he is hereby desired to preach before this House, on Friday the 13th Day of December next, in the Abbey Church Westminster, being the Day appointed by His Majesty's Royal Proclamation for a General Fast.

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 that they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of the Bill, as follows; (videlicet),

Land Tax Bill passed.

"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-seven."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure to unrobe:

The House was resumed.

Farrard's Common, &c. Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Second Year of His present Majesty's Reign, "for repairing, widening, turning, and shortening, the Road leading from the Turnpike Road on Farrard's Common, in the Parish of Bradford, through Holt and Melksham, to Homan's Stile, in the Parish of Laycock, in the County of Wilts; and for completing a Communication between the said Road and the Bath Turnpike Road upon Kingsdown Hill, in the same County;" 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 Lunæ, vicesimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Bancii Regii.