House of Lords Journal Volume 35
January 1776

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History of Parliament Trust

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1767-1830

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35-41

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'House of Lords Journal Volume 35: January 1776', Journal of the House of Lords volume 35: 1776-1779 (1767-1830), pp. 35-41. URL: http://british-history.ac.uk/report.aspx?compid=116586 Date accessed: 24 April 2014. Add to my bookshelf


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January 1776

DIE Jovis, 23o Januarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Duresm.
Epus. Lincoln.
Epus. Meneven.
Epus. Roffen.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Portland.
Dux Chandos.
Comes Suffolk.
Comes Chesterfield.
Comes Sandwich.
Comes Coventry.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Rosebery.
Comes Clarendon.
Viscount Falmouth.
Viscount Dudley & Ward.
Ds. Le Despencer.
Ds. Willoughby Par.
Ds. Paget.
Ds. Craven.
Ds. Osborne.
Ds. Edgcumbe.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Hume.
Ds. Amherst.
Ds. Rivers.

PRAYERS.

Lawson against Lawson et al.

The joint and several Answer of John Lawson Esquire and Francis Stuart Esquire, and Mary his Wife, to the Appeal of Winifred Lawson Widow, and Executrix of Hylton Lawson Esquire, deceased, was this Day brought in:

Irvine against E. Aberdeen et al.

As was also, The Answer of George Earl of Aberdeen and others, to the Appeal of Alexander Irvine of Drum.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Walter Rice Esquire, is Appellant; and Edward Mainwaring Davies Howarth Esquire and Matthew Mainwaring Howarth Hughes, are Respondents, which stands appointed for To-morrow, be put off to Monday next; and that the Cause which stands for Monday next, be put off to Wednesday next; and that the Rest of the Causes, on Cause Days, be removed in course.

Bp. Bangor to preach on 30th January.

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

Hartley's Patent Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for vesting in David Hartley Esquire, his Executors, Administrators, and Assigns, the sole Use and Property of a certain Method, by him invented, of securing Buildings and Ships against the Calamities of Fire, throughout His Majesty's Dominions, for a limited Time;" which stands appointed for Thursday the 30th Day of this instant January, be put off to Tuesday the 4th Day of February next.

Ordered, That some of the Commissioners of His Majesty's Navy, who were ordered to attend the said Committee on Thursday the 30th Day of this instant January, do attend on Tuesday the 4th Day of February next.

D. Manchester's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the several Rectories, Parsonages, Churches, and Chapels of Rochburne, Breamore, South Charford Hale, Whitsbury, and Quidesley, with the Glebe Lands, Tythes, and other Appurtenances thereto respectively belonging, Part of the Settled Estate of the Most Noble George Duke of Manchester, in Trustees, upon certain Trusts therein expressed; and for settling other Lands and Hereditaments of the said Duke, in lieu thereof, to the several Uses therein mentioned."

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

Ld. President.
D. Portland.
D. Chandos.
E. Suffolk.
E. Chesterfield.
E. Sandwich.
E. Coventry.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Marchmont.
E. Rosebery.
E. Clarendon.
V. Falmouth.
V. Dudley & Ward.
L. Bp. London.
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. St. Davids.
L. Bp. Rochester.
L. Le Despencer.
L. Willoughby Par.
L. Paget.
L. Craven.
L. Osborne.
L. Edgcumbe.
L. Lyttelton.
L. Scarsdale.
L. Hume.
L. Amherst.
L. Rivers.

Their Lordships, or any Five of them, to meet on Friday the 7th 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.

Stokes and Wagner against Paterson; Glass against Glass; Pleadings proved.

The House being informed, "That Walter Sweetman, Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in Two Causes; in the First of which Nehemiah Stokes and Christian Wagner, Merchants, are Appellants, and Robert Paterson is Respondent; and in the other, John Glass Esquire is Appellant, and Jane Stanley, otherwise Glass, is Respondent:"

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.

Speirs et al. against Carlyle et al.

Upon reading the Petition and Appeal of Alexander Speirs, Andrew Blackburn, and Andrew Sym, Merchants in Glasgow, Trustees for the Creditors of James Dunlop junior, late Merchant there, complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland, of the 4th of July and 9th of August 1776; and also of Part of an Interlocutor of the Lord Ordinary there, of the 5th of December 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 Carlyle and Company, late Merchants in Glasgow, Thomas Dunlop, William Dunlop, Robert Bogle, and Thomas Scott, all Merchants there, Trustees for the Creditors of the said John Carlyle and Company, may be required to answer the said Appeal:"

It is Ordered, That the said John Carlyle and Company, and the said several others 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 Thursday the 20th Day of February next; and Service of this Order upon the known Agents or Counsel for the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Clarke et al. Petition referred to Judges.

Upon reading the Petition of Rupert Clarke Esquire, William Bray and John Clarke Esquires, Trustees for the said Rupert Clarke, and of the Reverend John Gibson Clerk the Vicar, and Clement Passingham and William Bates the Overseers of the Poor, of the Parish of Heston, in the County of Middlesex, 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.

Ladbroke's Petition referred to Judges.

Upon reading the Petition of Robert Ladbroke Esquire, eldest Son and Heir of Sir Robert Ladbroke Knight, deceased, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Aston, and Mr. Baron Perryn, 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.

Braithwaite for a Divorce Bill.

Upon reading the Petition of John Brathwaite Esquire, a Colonel in the Service of the Honourable East India Company; praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Browne, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

It is Ordered, That the said Petition do lie on the Table.

Hamlin et Ux. against Blacker and Hamlin:

Upon reading the Petition of Thomas Hamlin and Jane his Wife, Appellants in a Cause depending in this House, to which William Lathum Blacker and Mary Blacker, otherwise Hamlin, are Respondents; setting forth, "That the Petitioners having exhibited their Appeal to their Lordships for Relief, touching the Matters therein complained of, are since advised to withdraw the same;" and therefore praying, "Their Lordships, in regard the Respondents have yet put in no Answer to the Petitioner's said Appeal, and but lately had a Copy thereof, that they may be at Liberty to withdraw their said Appeal, without Costs:"

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

And being withdrawn;

Appeal withdrawn without Costs.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, without Costs, as desired.

Fergusson et al. against Fall:

A Petition of John Fergusson and others, Appellants in a Cause depending in this House, and of Robert Fall Esquire, Respondent thereto, which stands appointed for hearing, was presented and read; setting forth, That the Petitioners, in the last Session of Parliament, presented their Appeal to their Lordships against the said Robert Fall, complaining of certain Interlocutors pronounced by the Court of Session in Scotland; but the Petitioners and the Respondent being now come to an Agreement concerning the Matters in Question under the said Appeal, whereby the Appellants have agreed to acquiesce and submit to the Interlocutors complained of in and by their said Appeal, and that the same shall, with the Consent and at the Desire of both Parties, be affirmed by their Lordships;" and therefore praying, "Their Lordships will be pleased to order, that the Interlocutors complained of in and by the said Appeal be affirmed; and that the said Appeal be dismissed without Costs:"

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

And being withdrawn;

Interlocutors affirmed.

Ordered, (by Consent of the Agents, signified at the Bar), That the said Petition and Appeal be and is hereby dismissed this House, without Costs; and that the Interlocutors therein complained of be, and the same are hereby affirmed.

Cooke against Bernard:

Upon reading the Petition of John Barnard, Defendant in a Writ of Error depending in this House, wherein William Henry Cooke 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 non-pros'd, with such Costs as to their Lordships shall seem meet:"

Writ of Error nonpross'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Nonpros. 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.

Crouch Hill, &c. Road Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Road from a Place called Crouch Hill, in the Parish of Henfield, to the Turnpike Road leading from Brighthelmstone to Cuckfield, and from the East Side of the said Turnpike Road to the Town of Ditchling, in the County of Sussex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Crosby against Smith in Error:

A Petition of Fox Smith, Defendant in a Writ of Error depending in this House, wherein William Crosby is Plaintiff, was presented and read; setting forth, "That the Plaintiff has not assigned Errors within the Time ordered by the House, and that the same is brought merely for Delay;" and therefore praying, "That the said Writ of Error may be non-pros'd, with such Costs as to their Lordships shall seem meet:"

Also, A Petition of William Crosby, Plaintiff in the said Writ of Error, was presented and read; setting forth, "That in regard the Petitioner hath not assigned Errors, or anywise proceeded in the said Writ of Error; and as the said Defendant hath, in Disobedience of the Order of the Court of Exchequer, "caused the Record to be transmitted, and thereby prevented the Plaintiff from non-prossing his said Writ of Error, as of Course, without Costs, whereby he was prevented from making an earlier Application to their Lordships to non-pros. the said Writ of Error;" and therefore praying, "That the same may be nonpros'd without Costs, or that he may have such other Relief in the Premises, 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;

Writ of Error non pros'd with Costs.

Ordered, That the Petitioners 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 it is further Ordered, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

DIE Lunæ, 27o Januarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Norvicen.
Epus. Lincoln.
Epus. Meneven.
Epus. Roffen.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Dartmouth, C.P.S.
Dux Bolton.
Dux Chandos.
Comes Suffolk.
Comes Cassillis.
Comes Galloway.
Comes Dalhousie.
Comes Dunmore.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Fauconberg.
Comes Clarendon.
Comes Mansfield.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Willoughby Par.
Ds. Paget.
Ds. Scarsdale.
Ds. Boston.
Ds. Hume.
Ds. Amherst.

PRAYERS.

E. Dunmore takes the Oaths.

This Day John Earl of Dunmore took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Copies of Entries in Ports in Ireland of Goods, &c. exported to North America, &c. delivered.

The House being informed, "That Mr. Weston, from the Commissioners of the Revenue in Ireland, attended:"

He was called in; and delivered at the Bar, pursuant to an Order of the 13th of May last for that Purpose,

Copies of all Entries that have been made in the several Ports in Ireland, of Goods and Merchandize that have been exported from thence respectively for North America; also of Cockets or Permits that have passed for shipping of Goods into any Ships taken into His Majesty's Service bound to North America, since passing the Act for prohibiting all Trade and Intercourse with the Colonies of New Hampshire and Massachusets Bay, &c.

Likewise, "A List of the Ports, and Officers thereof, who have made Returns to the Revenue Board in Ireland, that no Entries have been made, or Cockets or Permits passed in their Ports respectively, for Goods or Merchandize to be exported to North America, since passing the said Act."

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Copies of Entries do lie on the Table.

Abp. of Canterbury and Ponton, Petition referred to Judges.

Upon reading the Petition of the Most Reverend Father in God Frederick, by Divine Providence, Lord Archbishop of Canterbury, Primate of all England, and Metropolitan; and of Daniel Ponton Esquire, of Battersea, in the County of Surrey; 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 Nares, 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.

Jones's Petition referred to Judges.

Upon reading the Petition of Philip Jones of Llanarth Court, in the County of Monmouth, Esquire, on Behalf of himself and John Jones, his only Child, who is 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. Baron Perryn, 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.

Sir Thomas Broughton and Broughtons', Petition referred to Judges.

Upon reading the Petition of Sir Thomas Broughton, of Broughton, in the County of Stafford, Baronet, (on Behalf of himself, and of Delves Broughton, John Delves Broughton, and Henry Delves Broughton, Infants, Sons of him the said Sir Thomas Broughton), and John Broughton, of the Parish of Saint Martin in the Fields, within the Liberty of Westminster, 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. 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 Cafe, 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.

Aguiton for a Nat. Bill:

Upon reading the Petition of William Aguiton, praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, The Lord Hume presented to the House a Bill, intituled, "An Act for naturalizing William Aguiton."

The said Bill was read the First Time.

L. Halkerton against Law son; Petition to revive Appeal.

Upon reading the Petition of Anthony Lord Falconer of Halkerton; setting forth, "That the Appeal lately brought by William Lord Falconer of Halkerton, the Petitioner's late Father, deceased, against David Lawson, and the Proceedings thereupon in the Petitioner's said Father's Life-time, are by his Death abated;" and therefore praying their Lordships, "That the said Appeal may be revived in the Petitioner's Name, and that he may stand in the Place and Stead of his said late Father, and have the same Benefit of the Appeal, as if he was living:"

It is Ordered, That the said Appeal be revived in the Petitioner's Name, and that he do stand in the Place and Stead of his said late Father, and have the same Benefit of the Appeal, as if he was living.

Ross et al. against Ross.

A Petition of Mrs. Elizabeth Ross and others, Appellants in a Cause depending in this House, to which Mr. David Ross is Respondent, was presented, and read; setting forth, "That a few Days before their Lordships Adjournment for the late Recess, this Cause, upon a true Allegation of the Parties being in a Treaty for a Compromise of the Matters in Dispute, was ordered to be heard after those already appointed; that, during the Recess, Endeavours were used on the Part of the Petitioners, for accomplishing a reasonable Compromise with the Respondent; but the Offers made him by the Petitioners being now rejected, and they, under an Expectation of the same taking place, having countermanded the taking out and sending the Extract of the Decree and Exhibits from Scotland, thereby to save an Expence of One hundred Pounds, and upwards, the Petitioners do not now expect that their Agent in Scotland can transmit the Extract and Exhibits in a shorter Time than Three Weeks; and the Nature of the Cause is such, that it cannot be properly heard or argued without the Extract and Exhibits; besides which, there will be some Impropriety in going to the Hearing of the Cause, without a proper Scotch Counsel to argue it, and none such can at present be had; but, as towards the End of the Term in Scotland, it is usual for some Scotch Counsel to come to London, some One may be had in a few Weeks hence;" and therefore praying their Lordships, "to put off the Hearing of this Cause for a Month, or to such other Time as to their Lordships shall appear reasonable."

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 Wednesday the 5th Day of March next.

Cochran to enter into Recognizance on Speirs 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 Alexander Speirs, and others, 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.

Martyn against Harris, in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table, a Writ of Error, wherein Charles Martyn is Plaintiff, and Robert Harris is Defendant.

Rice against Howorth and Hughes.

After hearing Counsel, in Part, in the Cause wherein Walter Rice Esquire is Appellant, and Edward Mainwaring Davies Howorth Esquire, and Matthew Mainwaring Howorth Hughes, are Respondents:

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

Adjourn.

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

DIE Martis, 28o Januarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven.
Epus. Roffen.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Chandos.
Comes Cassillis.
Comes Galloway.
Comes Dalhousie.
Comes Marchmont.
Comes Ailesbury.
Comes Mansfield.
Ds. Willoughby Par.
Ds. Paget.
Ds. Hume.

PRAYERS.

Rice against Howorth:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Walter Rice Esquire, Devisee in Fee of Rice Griffith Clerk, deceased, complaining of a Decree of the Court of Exchequer of the 21st of July 1775; also of an Order of the said Court of the 7th of December 1775; and also of another Order of the said Court, of the 10th of May 1776, refusing to discharge the said Order of the 7th of December 1775; and praying, "That the said Decree and Orders 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 joint Answer of Edward Mainwaring Davies Howorth Esquire, and Matthew Mainwaring Howorth Hughes, an Infant, by the said Edward Mainwaring Davies Howorth, his Father, and next Friend, 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 that Part of the Decree of the Court of Exchequer of the 21st of July 1775, complained of in the said Appeal, which directs an Account to be taken of the Personal Estate of Abel Griffith deceased, come to the Hands of Rice Griffith, as Executor of Abel Griffith deceased, and of the Rents and Profits of the Estates in the Pleadings in these Causes mentioned, received by him, or by any other Person or Persons by his Order, or for his Use, before he entered into the said Agreement of the 17th Day of July 1763; and, likewise, to take an Account of the Personal Estate and Effects of the said Abel Griffith, come to the Hands, Custody, Possession, or Power of Matthew Griffith, in the Life-time of the said Rice Griffith and after his Decease, be reversed; and that the said Decree, in all other Respects, be and the same is hereby affirmed: And it is hereby also further Ordered and Adjudged, That the said Two subsequent Orders of the said Court of Exchequer also complained of, be, and the same are hereby affirmed.

Crouch Hill, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from a Place called Crouch Hill, in the Parish of Henfield, to the Turnpike Road leading from Brighthelmstone to Cuckfield, and from the East Side of the said Turnpike Road to the Town of Ditchling, in the County of Sussex."

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

Ld. President.
D. Chandos.
E. Cassillis.
E. Galloway.
E. Dalhousie.
E. Marchmont.
E. Ailesbury.
E. Mansfield.
L. Bp. St. Davids.
L. Bp. Rochester.
L. Willoughby Par.
L. Paget.
L. Hume.

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.

Harris for a Divorce Bill.

Upon reading the Petition of John Potter Harris of Baughurst, in the County of Southampton, Esquire; praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Martha Chicheley Plowden, 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.

Grimston et Ux. Petition referred to Judges.

Upon reading the Petition of Robert Grimston of Neswick, in the County of York, Esquire, and Elizabeth his Wife, for and on Behalf of themselves, and of John Grimston their only Son, an Infant of the Age of Two Years, and upwards, and of John Grimston, now or late of the City of York, Esquire, an Infant of the Age of Twenty Years, or thereabouts, by the said Robert Grimston his 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 Mr. Justice Nares, 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.

L. Halkerton against Lawson, to amend Appeal.

Upon reading the Petition of Anthony Lord Falconer of Halkerton, Appellant in a Cause depending in this House, to which David Lawson is Respondent; setting forth, "That the Petitioner hath lately discovered certain Errors and Defects in his Appeal. That the last Interlocutor of the Court of Session is set forth therein, in the following Words, "17th February 1775, refused the Desire of the Petition, and adhered to the former Interlocutor, and found the Petitioner liable in the Expence of extracting the Decreet;" but the true Date and Words of the last Interlocutor of the said Court, in this Cause, are as follow; videlicet, "21st of February 1775, the Lords having advised this Petition with the Answers thereto, they adhere to their former Interlocutor reclaimed against, and refuse the Desire of the Petition; and further, find the Respondent entitled to the Expence of extracting the Decreet, as the same shall be certified by the Collector of the Clerk's Fees for which they decern;" and therefore praying their Lordships, "That he may be at Liberty to amend his Appeal, by altering the same as above stated, he amending the Respondent's Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his Appeal as desired, he amending the Respondent's Copy.

Adjourn.

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

DIE Jovis, 30o Januarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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

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

DIE Veneris, 31o Januarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Asaphen.
Epus. Meneven.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Portland.
Dux Chandos.
Dux Bridgewater.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Rosebery.
Comes Macclesfield.
Comes Ailesbury.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Edgcumbe.
Ds. Scarsdale.
Ds. Boston.
Ds. Hume.
Ds. Rivers.

PRAYERS.

Thanks to Bp. Bangor for his Sermon.

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

Crouch Hill, &c. Road, Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from a Place called Crouch Hill, in the Parish of Henfield, to the Turnpike Road leading from Brighthelmstone to Cuckfield, and from the East Side of the said Turnpike Road to the Town of Ditchling, in the County of Sussex," 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."

Faichneys against Faichney:

Upon reading the Petition of William and George Faichneys, Appellants in a Cause depending in this House, to which John Faichney is Respondent; setting forth, "That the Petitioners presented their Appeal to their Lordships against an Interlocutor of the Lords of Session in Scotland, of the 9th of July last; but the Petitioners and the Respondent being now come to an Agreement concerning the Matters in Question under the said Appeal," most humbly pray their Lordships, "That they may be at Liberty to withdraw the same without Costs, 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, without Costs, as desired.

Causes put off.

Ordered, That the Hearing of the Cause wherein Hercules Langford Rowley, and others, are Appellants, and Henry Hamilton Esquire, and George Bainbridge, are Respondents, et e contra, which stands appointed for this Day, be put off to Monday next; and that the rest of the Causes, on Cause Days, be removed in Course.

Blair for Leave to present Appeal, though out of Time:

A Petition of David Blair of Dunskey, Esquire, was presented and read; setting forth, "That the Petitioner thinking himself aggrieved by an Interlocutor pronounced by the Lords of Session in Scotland on the 13th of February 1776, caused the Papers in the Cause to be laid before his Counsel there, for their Opinion, whether it would be proper for him to submit to the said Interlocutor, or appeal from the same to their Lordships; but, before he got their Opinions thereon, the Time limited by the Order of this House for presenting Appeals was elapsed;" and therefore praying their Lordships, "That he may be at Liberty to present his Petition of Appeal, notwithstanding the Time limited is expired:"

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

And being withdrawn;

Ordered, That the Petitioner be at Liberty to present his said Petition of Appeal, as desired.

Blair against Douglas and Co.

Accordingly, Upon reading the Petition and Appeal of David Blair of Dunskey, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland of the 13th 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 Douglas, Heron, and Company, Bankers in Ayr, may be required to answer the said Appeal:"

It is Ordered, That the said Douglas, Heron, and Company, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 28th Day of February 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.

Lady Cranstoun and Lade against Scott et al.

A Petition of Sophia Lady Cranstoun and Michael Lade Esquire, her Husband, Appellants in a Cause depending in this House, to which George Lewis Scott Esquire, and others, are Respondents, which stands appointed for hearing, was presented and read; setting forth, "That the present Question at Issue between the Parties respects the Validity of a Deed of Renunciation, executed by the Appellant Lady Cranstoun in 1770, in the Life-time of her late Husband, whereby it is alleged that she gave up and renounced the Security she had for her Jointure of £.700 per Annum, upon his Lordship's Scotch Estates, upon certain Conditions to be performed by the Creditors; that this Question was tried and decided in the Court of Session in Scotland, during the Time the Petitioner Michael Lade, the now Husband of Lady Cranstoun, was in the West Indies, from which he only lately returned; that since his Return, and within these few Days, in looking over certain Papers belonging to Lady Cranstoun, he has discovered the following Letter from Charles Brown Writer to the Signet: "Edinburgh, 20th May 1773. Madam, Mr. Maxwell delivered to me your Ladyship's of the 29th April. The Paper you mean was put into the Process, and, I believe, was registrate in the Books of Session, in which Case it cannot be delivered up to you to be cancelled; it is now of no Use, and is not worth Sixpence; it was a conditional Renunciation; the Creditors refused to implement the Condition; this they did judicially, and the Lord Ordinary found them not obliged to implement the Condition: So it is now of no Use, and you are safe against it as it had never been granted. Inclosed I send your Ladyship a Plan for a Settlement with Lord Cranstoun's Creditors, which has cost me much Labour and Work: I desire you, and your Friends you consult with, would consider it deliberately, and give me your Answer before the 12th June. If you agree to it, your Family may get a considerable Reversion of the Price. I present Compliments to Lord Cranstoun; and have the Honour to be, with great Respect, Madam, your Ladyship's most obedient and most humble Servant, Cha. Brown." That if the Fact stated in this Letter be true, that the Creditors refused to implement the Condition; this they did judicially, and the Lord Ordinary found them not obliged to implement the Condition. The Cause has been already tried and decided, and a different Judgement given from that now appealed from. In the former Cause it appears, that the Creditors refused to implement the Conditions of the Renunciation; but the present Judgement has avowedly been given, on their declaring that they always were, and now are, ready to fulfil the Conditions on their Part. As great Confusion and Embarrassment may arise from such contradictory Pleas, and from the Operation of Two such contradictory Judgements, the Petitioners therefore request to respite for a few Weeks, to enquire into the Truth of this Matter;" and therefore praying, "Their Lordships would be pleased to postpone the Hearing of this Cause till the 12th Day of March next."

And thereupon the Agents 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 7th Day of March next.

Harris's Divorce Bill.

The Lord Hume presented to the House, (pursuant to an Order of Leave on Tuesday last), a Bill, intituled, "An Act to dissolve the Marriage of John Potter Harris Esquire, with Elizabeth Martha Chicheley Plowden 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 Monday the 17th Day of February next; and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said John Potter Harris 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 Elizabeth Martha Chicheley Plowden 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.

Islington Poor Bill.

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

With a Bill, intituled, "An Act for the better Relief and Employment of the Poor of the Parish of Saint Mary Islington, in the County of Middlesex; and for building a Workhouse for the said Parish;" 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, tertium diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.