House of Lords Journal Volume 35
February 1777 1-10

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History of Parliament Trust

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1767-1830

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42-48

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'House of Lords Journal Volume 35: February 1777 1-10', Journal of the House of Lords volume 35: 1776-1779 (1767-1830), pp. 42-48. URL: http://british-history.ac.uk/report.aspx?compid=116587 Date accessed: 02 October 2014.


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February 1777 1-10

DIE Lunæ, 3o Februarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Londin.
Epus. Eliens.
Epus. Norvicen.
Epus. Meneven.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Portland.
Dux Chandos.
Dux Bridgewater.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Rosebery.
Comes Ashburnham.
Comes Spencer.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Willoughby Par.
Ds. Paget.
Ds. Osborne.
Ds. Onslow.
Ds. Scarsdale.
Ds. Boston.
Ds. Hume.
Ds. Rivers.

PRAYERS.

Abp. York takes the Oaths, &c.

This Day William Lord Archbishop of York took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Rowley et al. against Hamilton and Bainbridge:

After hearing Counsel this Day upon the Petition and Appeal of Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley Esquire, and William his Son, complaining of a Decree of the Court of Chancery in Ireland, of the 18th of December 1775, made in Two certain Causes, in the first of which Hercules Langford Rowley, James Butler Morn, John Sherwin, and Daniel Gregory, Esquires, Executors and Trustees under the Will of Sir William Rowley Knight, deceased, were Plaintiffs; and Henry Hamilton Esquire, Son and Heir, and also Administrator of the Personal Estate of John Hamilton, his late Father, deceased, and others, Defendants; and in the last, George Bainbridge and the said Henry Hamilton were Plaintiffs, and the said Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley Esquire, and William his Son, by his said Father and Guardian, and others, Defendants; and praying, their Lordships, upon hearing the Merits of the said Causes, to grant the Petitioners such Relief in the Premises as should be just;" and likewise upon the Cross Appeal of Henry Hamilton and George Bainbridge, complaining of a Decree of the Court of Chancery in Ireland, of the 18th of December 1775, made in Two certain Causes, in the first of which the Right Honourable Hercules Langford Rowley, James Butler Morn, John Sherwin, and Daniel Gregory, were Plaintiffs, and Henry Hamilton Esquire, George Bainbridge, Chichester Thompson, and Ann his Wife, Joshua Rowley, William Rowley, Robert Hamilton, and Benjamin Geale, Defendants; and in the last, the said Henry Hamilton and George Bainbridge were Plaintiffs, and the said Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley, and William Rowley, Chichester Thompson, and Ann his Wife, Hans Hamilton, Robert Hamilton, Benjamin Geale, and Clotworthy Rowley, Defendants, and alledging that they are aggrieved thereby; and praying, "Such Relief in the Premises as to their Lordships shall seem just;" as also upon the Answer of Henry Hamilton Esquire, and George Bainbridge, put in to the said original Appeal; and the Answer of the Right Honourable Hercules Langford Rowley, James Butler Morn, John Sherwin, Daniel Gregory, Joshua Rowley, William Rowley, and Clotworthy Rowley, Esquires, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Decree of the Court of Chancery in Ireland, complained of in the said Original and Cross Appeals, be, and the same is hereby reversed: And it is hereby Ordered, That it be referred to a Master of the said Court of Chancery in Ireland, to take an Account of what is due to the Appellants for Principal and Interest on the several Judgements assigned to, or in Trust for, or vested in, the said Sir William Rowley, according to the Rate of Interest which the several Securities respectively bear; and also of the Principal Sum of One thousand six hundred and four Pounds Nine Shillings and One Penny, and Interest, after the Rate of £.6 per Centum per Annum, to be computed thereon, and of the Annuity of Five hundred Pounds a Year; and that the said Master do compute Interest, after the Rate of £.6 per Centum per Annum, upon the Half-yearly Payments of the said Annuity which shall be in Arrear and unpaid, according to the Application of the Rents and Profits herein-after directed; and also, that the said Master do take an Account of the Rents and Profits of the Premises whereof the said Sir William Rowley became possessed, and which were received by him, or by the Appellants, or by any other Person by his or their Order, or for his or their Use, or which he or they might have received, without their wilful Default: And it is hereby further Ordered and Adjudged, That the said Rents and Profits be applied, first in discharge of the Interest due upon the said Judgements, and according to their Priority; then in Discharge of the Interest of the said One thousand six hundred and four Pounds Nine Shillings and One Penny; then in Discharge of the Interest of the said Arrears of the Annuity of Five hundred Pounds; and then in Payment of the said Arrears of the said Annuity of Five hundred Pounds a Year; and lastly, in Discharge of the Principal Sums due on the said Judgements: And it is hereby further Ordered, That if the Master should find any Account stated between the Parties, or those whom they represent, he is not to ravel into the same: And it is hereby Declared, That the Paper Writing of the 10th of February 1757, ought not to be considered as a stated Account: And it is hereby further Ordered, That the said Master do make Half-yearly Rests in stating the said Accounts, and all just Allowances to the several Parties: And, as between the Appellants and the Respondents Bainbridge and Hamilton, in their Capacity of Assignees of the Mortgage made by Sir William Rowley to Mr. Hall, for securing the Sum of One thousand six hundred and four Pounds Nine Shillings and One Penny, bearing Date the First of October 1736, it is hereby further Ordered, That the said Master do take an Account of what became due to the said William Hall, his Executors, Administrators, or Assigns, upon the said Mortgage, and upon the Foot of the Deed of Defeazance, bearing Date the First of October 1736, and made between the said William Hall of the First Part, and the said Sir William Rowley of the Second Part: And it is further Ordered, That what, if any Thing, shall be found due on such Account, be paid to the said Bainbridge and Hamilton: And it is further Ordered, That the Consideration of Costs, and all further Directions, be reserved till after the Master shall have made his Report: And it is further Ordered, That the said Court of Chancery do give all the necessary and proper Directions for carrying this Judgement into Execution.

Islington Poor Bill.

Hodie 2a vice lecta est Billa, 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."

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

Ld. President.
D. Portland.
D. Chandos.
D. Bridgewater.
E. Sandwich.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Dalhousie.
E. Rosebery.
E. Ashburnham.
E. Spencer.
E. Ailesbury.
E. Clarendon.
E. Mansfield.
V. Dudley & Ward.
V. Hampden.
L. Abp. York.
L. Bp. London.
L. Bp. Ely.
L. Bp. Norwich.
L. Bp. St. Davids.
L. Bp. Bangor.
L. Le Despencer.
L. Willoughby Par.
L. Paget.
L. Osborne.
L. Onslow.
L. Scarsdale.
L. Boston.
L. Hume.
L. Rivers.

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

Crouch Hill, &c. Road Bill:

Hodie 3a 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."

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. Pechell and Mr. Eames:

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

Young against Boldero et al. 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 Robert Young Esquire is Plaintiff, and Henry Boldero and others are Defendants.

Tansor Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Tansor, in the County of Northampton;" to which they desire the Concurrence of this House.

Thorpe Malsor Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Common Meadows, and Common Pastures, within the Manor and Parish of Thorpe Malsor, in the County of Northampton;" to which they desire the Concurrence of this House.

Kidderminster, &c. Road Bill.

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

With a Bill, intituled, "An Act to repeal an Act of the Thirty-third of His late Majesty, "for amending, widening, and keeping in Repair, several Roads leading from the Market House, in the Town of Kidderminster, in the County of Worcester; and also to repeal so much of Two Acts of the Tenth of His late Majesty, and the Seventh of His present Majesty, as relate to the Road from the Mitre Oak to a Farm House called Goodness, and from Titton Brook to the Hamlet of Wribbenhall, in the said County; and to discontinue the Powers of an Act of the Eighth of His present Majesty, so far as relate to the Road from the Cross of the Hands near Goodness Farm to a Place called The Spout; and for more effectually amending, widening, and keeping in Repair, the several Roads described in the First mentioned Act, and also several other Roads therein mentioned;" to which they desire the Concurrence of this House.

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

Adjourn.

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

DIE Jovis, 6o Februarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Londin.
Epus. Lincoln.
Epus. Asaphen.
Epus. Roffen.
Epus. Bangor.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Beaufort.
Dux Bolton.
Dux Bridgewater.
Dux Montagu.
March. Rockingham.
Comes Suffolk.
Comes Sandwich.
Comes Scarbrough.
Comes Coventry.
Comes Cassillis.
Comes Abercorn.
Comes Dalhousie.
Comes Dunmore.
Comes Marchmont.
Comes Rosebery.
Comes Strafford.
Comes Fitzwilliam.
Comes Fauconberg.
Comes Northington.
Comes Spencer.
Comes Ailesbury.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Clifford.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Craven.
Ds. Osborne.
Ds. Onslow.
Ds. Cadogan.
Ds. Godolphin.
Ds. Sandys.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Camden.
Ds. Hume.

PRAYERS.

Trattle et al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Trattle of Cardiff, in the County of Glamorgan, Widow, on Behalf of herself and her Four infant Daughters; of Sir Richard Worsley of Appuldercombe, in the Isle of Wight, in the County of Southampton, Baronet; and the Warden and Scholars, Clerks, of Saint Mary College of Winchester, near Winchester, in the County of Southampton; 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.

E. Fauconberg's Petition referred to Judges.

Upon reading the Petition of Henry Earl Fauconberg; 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 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.

Egerton's Petition referred to Judges.

Upon reading the Petition of Philip Egerton of Oulton, in the County of Chester, 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 Nares, 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.

Barnes's Petition referred to Judges.

Upon reading the Petition of Ann Barnes, Wife of Henry Barnes, 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 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.

Hartley's Patent Bill.

The Lord Scarsdale reported from the Lords Committees appointed to consider of a 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, thoughout His Majesty's Dominions, for a limited Time:" "That the Committee had met, and examined the Matter to them referred, and had also examined Two of the Commissioners of His Majesty's Navy, who attended the Committee in pursuance of the Order of the House of the 28th of November last; and that the Committee had gone through the Bill, and made several Amendments thereto."

Which Amendments were read by the Clerk, as follow:

Pr. 3. L. 40. After ["described"] insert ["except as to Ships"].

Pr. 5. L. 26 & 27. After ["occasioned"] insert ["Provided always, That it shall and may be lawful for the Lord High Admiral for the Time being, or the Lords Commissioners of the Admiralty or any Three or more of them for the Time being, to make Use of the said Invention in any of his Majesty's Dock Yards, for securing them against Fire, in any such Manner as they shall think proper, without Licence obtained from the aforesaid David Hartley, his Executors, Administrators, or Assigns, in case the aforesaid David Hartley, his Executors, Administrators, or Assigns, shall neglect or refuse, on proper Demand, to furnish the whole Materials, and to apply the said Invention to the Use of His Majesty's Dock Yards, at the customary Prices, for the Time being, and in a certain Time, the said customary Prices to be judged of, and the said Time to be fixed, by the Lord High Admiral for the Time being, or any Three or more of the Lords Commissioners of the Admiralty for the Time being"].

Pr. 7. L. 16 & 17. After ["notwithstanding"] insert Clause ["A."].

["And be it hereby enacted, That any Objection which might have been made to the said Invention not being a new Invention within the true Intent and Meaning of an Act of the Twenty-first of James the First, sufficient to invalidate Letters Patent, may be made in Bar to any Action brought by virtue or in consequence of this Act: Provided always, That it shall not be lawful for the aforesaid David Hartley, his Executors, Administrators, or Assigns, to ask, demand, or take, any greater Price than Sixpence by the Foot Square for the Plates of Metal mentioned in the above recited Specification, commonly called Fire Plates, unless the said Plates of Metal shall be made of Copper, or of any other Metal, except Iron, or unless they shall exceed in Weight Ten Ounces Avoirdupois to the Foot Square."]

In the Title of the Bill,

L. 4. Leave out ["and Ships"].

Then the First Amendment, being again read by the Clerk, was agreed to by the House.

Then the Second Amendment being again read by the Clerk, was agreed to with the following Amendments; (videlicet),

After ["Dock Yards"] insert ["Ropehouses, Brewhouses, and Victualling Offices, and all other Houses or Buildings, which shall be used in sitting or equipping His Majesty's Ships of War, or in victualling and supplying the same"]; and after ["Assigns"] leave out ["in case the aforesaid David Hartley, his Executors, Administrators, or Assigns, shall neglect or refuse, on proper Demand, to furnish the whole Materials, and to apply the said Invention to the Use of His Majesty's Dock Yards, at the customary Prices, for the Time being, and in a certain Time, the said customary Prices to be judged of, and the said Time to be fixed, by the Lord High Admiral for the Time being, or any Three or more of the Lords Commissioners of the Admiralty for the Time being."]

Then the rest of the Amendments, being again read by the Clerk, were agreed to by the House.

Convention between His Majesty and the Langrave of Hesse Cassel delivered.

The Earl of Suffolk (by His Majesty's Command) laid before the House,

Copy of a Convention between His Majesty and the Landgrave of Hesse Cassel. Signed at Cassel, 11th December 1776; and Translation."

And the Title thereof being read by the Clerk:

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

Letters of Marque Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels employed in Trade, or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time;" to which they desire the Concurrence of this House.

Vlught'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 Willem Vlught;" to which they desire the Concurrence of this House.

Centlivre'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 John Centlivres;" to which they desire the Concurrence of this House.

Banning'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 Ernest Bernard Banning;" to which they desire the Concurrence of this House.

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

Islington Poor Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the 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," 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."

Kidderminster, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to repeal an Act of the Thirty-third of His late Majesty, "for amending, widening, and keeping in Repair several Roads leading from the Market-house, in the Town of Kidderminster, in the County of Worcester; and also to repeal so much of Two Acts of the Tenth of His late Majesty, and the Seventh of His present Majesty, as relate to the Road from The Mitre Oak to a Farm House called Goodness, and from Titton Brook to the Hamlet of Wribbenhall, in the said County; and to discontinue the Powers of an Act of the Eighth of His present Majesty, so far as relate to the Road from the Cross of the Hands near Goodness Farm, to a Place called The Spout; and for more effectually amending, widening, and keeping in Repair the several Roads described in the firstmentioned Act, and also several other Roads therein mentioned."

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

Ld. President.
D. Beaufort.
D. Bolton.
D. Bridgewater.
D. Montagu.
M. Rockingham.
E. Suffolk.
E. Sandwich.
E. Scarbrough.
E. Coventry.
E. Cassillis.
E. Abercorn.
E. Dalhousie.
E. Dunmore.
E. Marchmont.
E. Rosebery.
E. Strafford.
E. Fitzwilliam.
E. Fauconberg.
E. Northington.
E. Spencer.
E. Ailesbury.
V. Dudley & Ward.
V. Hampden.
L. Abp. Canterbury.
L. Bp. London.
L. Bp. Lincoln.
L. Bp. St. Asaph.
L. Bp. Rochester.
L. Bp. Bangor.
L. Le Despencer.
L. Clifford.
L. Willoughby Br.
L. Willoughby Par.
L. Craven.
L. Osborne.
L. Onslow.
L. Cadogan.
L. Godolphin.
L. Sandys.
L. Ponsonby.
L. Lyttelton.
L. Scarsdale.
L. Camden.
L. Hume.

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

Tansor Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Tansor, in the County of Northampton."

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.

Thorpe Malsor Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields, Common Meadows, and Common Pastures, within the Manor and Parish of Thorpe Malsor, in the County of Northampton."

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.

Aguiton took the Oaths in order to his Naturalization.

William Aguiton took the Oaths appointed in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing William Aguiton."

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

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Ladbroke Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Ladbroke Esquire, eldest Son and Heir of Sir Robert Ladbroke Knight, deceased; 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 Estates of Robert Ladbroke Esquire, in the City of London, and Counties of Middlesex, Northampton, Berks, and Warwick, in Trustees, to be sold; and for laying out the Monies to arise thereby, in the Purchase of other Manors, Lands, and Hereditaments, to be settled to the same Uses as the said Settled Estates now stand limited.

Sir Lawrence Dundas against Honeyman et al.

Upon reading the Petition and Appeal of Sir Lawrence Dundas Baronet, complaining of an Interlocutor of the Lords of Session in Scotland, of the 10th of August 1776; and also of another Interlocutor of the said Lords, of the 28th of January last; 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 Patrick Honeyman of Græmsay, the Reverend Mr. George Trail of Hobister, Sir John Mitchell of West Shore, Baronet, John Bruce Stewart of Symbister, and others, Defenders, may be required to answer the said Appeal:"

It is Ordered, That the said Patrick Honeyman, 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 Thursday, the 6th Day of March next; and Service of this Order upon the known Agents or Procurators of the said Defenders, in the said Court of Session in Scotland, shall be deemed good Service.

Mortimer and Kirkman against Lloyd.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Hans Wintrop Mortimer Esquire, and Robert Kirkman Gentleman, are Appellants, and Owen Lloyd Clerk, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Friday the 14th Day of this instant February.

Martin against Harris:

Upon reading the Petition of Robert Harris, Defendant in a Writ of Error depending in this House, wherein Charles Martin 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 non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement.

Harris's Divorce Bill; Witnesses to attend.

Ordered, That Zachariah Whiting, John Appleton, Elizabeth Holden, Anne Chicheley Plowden, Thomas Moreton, John Morgan, and Catherine Durnford, do attend this House on Monday the 17th Day of this instant February, in order to their being examined as Witnesses, upon the Second Reading of the 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."

Adjourn.

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

DIE Veneris, 7o Februarii 1777.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor. Comes Bathurst, Cancellarius.
Dux Bridgewater.
Comes Scarbrough.
Comes Abercorn.
Comes Marchmont.
Comes Spencer.
Viscount Dudley & Ward.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Scarsdale.
Ds. Camden.
Ds. Boston.
Ds. Hume.

PRAYERS.

Thorpe Malsor Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Common Meadows, and Common Pastures, within the Manor and Parish of Thorpe Malsor, in the County of Northampton," 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."

Tansor Enclosure Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Tansor, in the County of Northampton," was committed.

D. Manchester's Estate Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the several Rectories, Parsonages, Churches, and Chapels of Rockburne, 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," was committed.

Ordered, That the said Bill be engrossed.

Kidderminster, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to repeal an Act of the Thirty-third of His late Majesty, "for amending, widening, and keeping in Repair, several Roads leading from the Market-house in the Town of Kidderminster, in the County of Worcester; and also to repeal so much of Two Acts of the Tenth of His late Majesty, and the Seventh of His present Majesty, as relate to the Road from The Mitre Oak to a Farm House called Goodness, and from Titton Brook to the Hamlet of Wribbenhall, in the said County; and to discontinue the Powers of an Act of the Eighth of His present Majesty, so far as relate to the Road from the Cross of the Hands near Goodness Farm to a Place called The Spout; and for more effectually amending, widening, and keeping in Repair, the several Roads described in the first-mentioned Act; and also several other Roads therein mentioned," 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."

Aguiton's Nat. Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing William Aguiton," was committed.

Ordered, That the said Bill be engrossed.

Clark et al. Petition referred to Judges.

Upon reading the Petition of John Clark of Braunston, in the County of Northampton, Esquire; Charles Hall of Daventry, in the said County, Doctor of Physick, and Ann his Wife, One of the Two Daughters of the said John Clark by Mary his late Wife, deceased; and the Reverend Jenkin Jenkins of Braunston aforesaid, Clerk, and Helen his Wife, the other of the said Two Daughters of the said John Clark and Mary his Wife; praying Leave to bring 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.

Hartley's Bill:

Hodie 3a vice lecta est Billa, 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."

Then the following Amendment was made to the said Bill; (videlicet),

Pr. 4. L. 15. After ["and"] leave out ["for"]

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

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Eames:

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Islington Poor Bill:

Hodie 3a vice lecta est Billa, 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."

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 the former Messengers:

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

Letters of Marque Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels employed in Trade, or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time."

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 on Tuesday next.

Peers Pedigrees referred to Committee of Privileges.

Ordered, That the Pedigrees of Edward Earl of Derby, George Earl of Winchilsea and Nottingham, Philip Earl of Chesterfield, Frederick Earl of Carlisle, Other Earl of Plymouth, Augustus John Earl of Bristol, Robert Earl of Harborough, George Edward Henry Arthur Earl of Powis, George Earl of Egremont, Stephen Earl of Ilchester, Thomas Bruce Brudenell Earl of Ailesbury, Thomas Earl of Clarendon, William Earl of Mansfield, Thomas Viscount Dudley & Ward, Charles Viscount Maynard, Robert Viscount Hampden, Edward Lord Clifford, John Talbot Lord Audley, Francis Lord Osborne, George Lord Onslow, Charles Sloane Lord Cadogan, John Lord Monson, Edwyn Lord Sandys, Thomas Lord Lyttelton, John James Lord Lovell & Holland, Thomas Lord Ducie, Alexander Lord Hume, John Lord Cardiff, Edward Lord Hawke, Jeffery Lord Amherst, Brownlow Lord Brownlow, George Lord Rivers, Nathaniel Lord Harrowby, and Thomas Lord Foley, be referred to the Committee of Privileges.

Adjourn.

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