House of Lords Journal Volume 35
January 1778

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History of Parliament Trust

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1767-1830

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270-284

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'House of Lords Journal Volume 35: January 1778', Journal of the House of Lords volume 35: 1776-1779 (1767-1830), pp. 270-284. URL: http://british-history.ac.uk/report.aspx?compid=116605 Date accessed: 01 September 2014.


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January 1778

DIE Martis, 20o Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Eliens.
Epus. Cicestrien.
Epus. Asaphen.
Epus. Meneven.
Epus. Cestrien.
Epus. Oxon.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Comes Dartmouth, C. P. S.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Gordon.
Dux Manchester.
Dux Chandos.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Suffolk.
Comes Denbigh.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Abingdon.
Comes Abercorn.
Comes Galloway.
Comes Dunmore.
Comes Marchmont.
Comes Oxford.
Comes Macclesfield.
Comes Waldegrave.
Comes Effingham.
Comes Powis.
Comes Harcourt.
Comes Fauconberg.
Comes Northington.
Comes Clarendon.
Comes Mansfield.
Ds. Le Despencer.
Ds. Paget.
Ds. Craven.
Ds. Onslow.
Ds. Cadogan.
Ds. Fortescue.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Amherst.
Ds. Rivers.

PRAYERS.

Queen's Answer to Congratulatory Message reported.

The Earl of Winchilsea acquainted the House, "That he and the Earl of Powis had (pursuant to the Order of the 20th of November last) carried their Lordships Message of Congratulation to Her Majesty, on the Birth of a Princess, and that Her Majesty was pleased to return the following Answer:"

My Lords,

"I am very sensible of this fresh Instance of Duty to the King, manifested by the House of Lords, and of their Attention for Me; and desire My Thanks may be returned in the fullest Manner."

King's Answer to Address reported.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of the 11th of December last, for the Papers therein mentioned; and that His Majesty was pleased to say,"He would give Directions accordingly."

Gorman et al. Leave to present Appeal though out of Time.

Upon reading the Petition of Francis Gorman of the City of Dublin, Esquire, and Frances his Wife, and Robert Johnson, setting forth, "That by an Order made and pronounced by His Majesty's Court of Exchequer in Ireland, on the 15th of November last, the Petitioners conceived themselves to be greatly aggrieved, and were determined to appeal to their Lordships for Relief against the same, so soon as the said Order could be obtained from the proper Officer of the Court who draws up the same; for which Purpose the Petitioners caused daily Application to be made to such Officers, but were not able to obtain the same until the 10th Day of December last, as appears by the Affidavit thereunto annexed; that so soon as the Petitioners obtained the said Order, they sent over their Instructions to their Agent in London, to prepare and present their Appeal with all possible Dispatch, which Instructions were received in London on the 15th of December, which was after their Lordships were adjourned for the Holidays: That by their Lordships Standing Order, every Appeal against any Decree or Order made and pronounced in any Court of Equity during the Recess of Parliament, must be presented within Fourteen Days from and after the First Day of every Session or Meeting of Parliament; but in case such Decree or Order happens to be made in any Court of Equity in Ireland, during the Sitting of Parliament, then any Party thinking himself aggrieved thereby, is at Liberty to present his Appeal within Forty Days next after the pronouncing or making of such Decree or Order; that although the Petitioners Appeal is not now admissible within the strict Letter of their Lordships said Order, yet the Petitioners humbly hope they are fully within the Equity of it, as it is humbly presumed that their Lordships said Order was calculated to prevent the Delay of Parties in bringing their Appeals; and in the Petitioners Case, the Petitioners humbly presume to hope, that as they were not enabled to get the Order complained of drawn up by the proper Officer of the Court till the 10th of December, (on which Day their Lordships adjourned for the Holidays), and that the Petitioners Agent received his Instructions on the 15th, and could have presented the Appeal on the 16th, (as it was sent over ready drawn), had their Lordships House been then sitting, the Petitioners would in that case have been enabled to have presented it within Six Days after the Order was actually drawn up, and within Twenty-one Days after the said Order was pronounced;" and therefore praying, "as there has not been the least Delay on the Part of the Petitioners, but, on the contrary, every Expedition used in their Power to approach their Lordships for Relief, that their Lordships will be pleased to order their Appeal to be received:"

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

Gorman et al. against McCullock.

Accordingly, Upon reading the Petition and Appeal of Francis Gorman Esquire, Elizabeth his Wife, and Robert Johnson Esquire; complaining of an Order of the Court of Exchequer in Ireland, of the 15th of November 1777, made in Three certain Causes, in the First of which William McCullock Esquire, surviving Executor of William McCullock deceased, was Plaintiff, and Robert Johnson Esquire and Hamilton McClure were Defendants; in the Second, Francis Gorman Esquire, Elizabeth his Wife, William and Robert Johnson Gorman their Sons, were Plaintiffs, and the said William McCullock, surviving Executor of William McCullock deceased, James Adair, and others, Defendants; and in the last, Francis Gorman Esquire, Elizabeth his Wife, and Robert Johnson, were Plaintiffs, and William McCullock, surviving Executor of William McCullock deceased, Hamilton McClure, Samuel Molyneux Madden, John Madden, and Edward Madden, Esquires, Defendants; and praying, "That the same may be reversed and set aside; and to order that the Petitioners may have Leave to amend their Bill of Review, by inserting such of the Matters specified in the Affidavits of the Petitioners Francis Gorman and Robert Johnson, filed in June 1772, and in May and June 1777, as the Petitioners shall be advised; and thereby framing the Bill in said last Cause, not merely as a Bill of Review for Errors apparent, but also as a Bill of Review for Matters subsequent and relevant, or to file a Supplemental Bill in Aid of said Bill of Review, as it now stands, by inserting such of the Matters specified in said Affidavits as they shall be advised; or that said Cause instituted by the Bill of June 1762, may come on to be heard at the same Time with the Hearing for reversing the Decree, or with the Hearing to be founded on any new Plea or Demurrer to be filed by said William McCullock, if any such shall be filed, and that the said Two last Causes may be considered as instituted against the said William McCullock for one and the same Purpose and in Aid of each other, to set aside said Decree of 1748; or that their Lordships will be pleased to make such further or other Order in the Premises as the Nature and Circumstances of the Case may require, and as to them shall seem meet; and that the said William McCullock, James Adair, Hamilton McClure, Samuel Molyneux Madden, and John and Edward Madden, Esquires, may be required to answer the said Appeal:"

It is Ordered, That the said William McCullock, 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 Tuesday the 24th Day of February next; and Service of this Order upon the said Respondents, or upon their Attornies or Agents, or Clerks in Court, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Letter from the Admiralty to the Commissioners of the Navy, respecting the seasoning of Timber:

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to direct, that there be laid before this House;

"A Copy of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated the 8th March 1771, respecting the seasoning of Timber, the seasoning the Frames of Ships, and other Means to be used to prevent the rapid Decay of the Ships of the Royal Navy:"

Account of Oak Timber in Store, and due upon Contract:

Also, "An Account of the Quantity of Oak Timber which was remaining in Store, and due upon Contract, in His Majesty's Dock Yards, on the 30th September 1770, and the 30th September 1777:"

Letter from Admiralty to Commissioners of Navy, respecting Guardships: Addresses to His Majesty for.

And also, "An Extract of so much of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated the 23d May 1771, as relates to Ships appointed to do the Duty of Guardships, being always kept in proper Condition to be sent upon any Service at the shortest Notice."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

America, Papers relating to Steps taken by Commissioners for restoring Peace in, delivered.

The Earl of Suffolk laid before the House, (by His Majesty's Command), pursuant to an Address to His Majesty of the 2d of December last, for that Purpose;

Copies of such Papers as relate to any Steps taken for the fulfilling that Part of the American Prohibitory Act, passed in the 16th Year of His Majesty's Reign, by which Persons appointed and authorized by His Majesty, are empowered, under certain Conditions, to declare any Colony, &c. to be at the Peace of His Majesty, &c." together with a List thereof:

Which was read by the Clerk, as follows; (videlicet),

"No 1. Copy of a Letter from Lord Viscount Howe to Lord George Germain, dated Eagle, off Staten Island, 11th August 1776. R. 28th September, enclosing,

2. Copy of Circular Letter from Lord Viscount Howe to the Governors, &c. of the respective Colonies, dated off the Coast of Massachusets Bay, 20th June 1776.

3. Copy of Lord Viscount Howe's Declaration, dated 20th June 1776.

4. Copy of Resolution of Congress, 19th July 1776.

5. Copy of a Letter from Mr. Nicholas Cooke of Rhode Island to Lord Howe, dated Rhode Island and Providence Plantations, Newport, 21st July 1776.

6. Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated Staten Island, 11th August 1776. R. 28th September, enclosing,

7. Copy of their Letter to Governor Tryon, dated 14th July 1776.

8. Copy of the Declaration of the Commissioners, dated Staten Island, 14th July 1776.

9. Copy of the Declaration of Independency, dated 4th July 1776.

10. Copy of a Letter from Lord Viscount Howe to Lord George Germain, dated Eagle, off New York, 20th September 1776. R. 3d November, enclosing,

11. Copy of a Resolution of the Congress, 5th September 1776.

12. Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated New York, 20th September 1776. R. 3d November, enclosing;

13. Copy of Declaration of the Commissioners, dated 19th September 1776.

14. Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated New York, 30th November 1776. R. 30th December, enclosing,

15. Copy of Proclamation issued by the Commissioners, 30th November 1776.

16. Copy of the Representation and Petition of the Inhabitants of the City and County of New York, to the Commissioners.

17. Copy of the Representation and Petition of the Freeholders and Inhabitants of King's County, in the Province of New York, to the Commissioners.

18. Copy of the Representation and Petition of the Freeholders and Inhabitants of Queen's County, on the Island of Nassau, in the Province of New York, to the Commissioners.

19. Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated New York, 22d December 1776. R. 23d February 1777.

20. Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated New York, 25th March 1777. R. 8th May, enclosing,

21. State of the Number of Declarations subscribed in consequence of the Proclamation of 30th November 1776.

22. Copy of Mr. Washington's Proclamation, dated 25th January 1777.

23. Copy of Address from the City and County of New York.

24. Copy of Address from Suffolk County in the Province of New York, to the Commissioners."

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

D. Argyll against McLean.

Upon reading the Petition and Appeal of John Duke of Argyll, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 4th of July and 2d of December 1777, so far as they find that the Petitioner has not produced sufficient to exclude the Title of the Pursuer as to the Lands of Brolass, including Pennycross, and that he must satisfy the Production as to them; and praying, "That the same, so far as complained of, may be reversed, varied or altered, and that it will be found he has produced sufficient to exclude the Pursuer's Title as to these Lands; and that Allan McLean of Drimnin may be required to answer the said Appeal:"

It is Ordered, That the said Allan McLean may have a Copy of the said Appeal, and do put in his Answer thereunto in Writing, on or before Tuesday the 17th Day of February next; and Service of this Order upon the said Respondent, or upon his known Agent in the said Court of Session in Scotland, shall be deemed good Service.

Alston et al. against Campbell and Co.

Upon reading the Petition and Appeal of John Alston, John Laurie for George Brown, James Young, William Colhoun, John McDowal, Alexander McAll, all Merchants in Glasgow, and Alexander Elliot, late Merchant in Glasgow, now in London; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th of July 1777, and also of Two Interlocutors of the Lords of Session there, of the 19th of November, and 20th of December 1777; 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 Messieurs Colin Campbell and Company may be required to answer the said Appeal:"

It is Ordered, That the said Colin Campbell 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 Tuesday the 17th Day of February next; and Service of this Order upon the said Respondents known Agent or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.

Sir Lawrence Dundas against His Majesty's Advocate for Scotland, et al.

A Petition of His Majesty's Advocate for Scotland on Behalf of His Majesty, Patrick Honeyman Esquire, and others, Respondents in a Cause depending in this House, to which Sir Lawrence Dundas Baronet, is Appellant, was presented and read; setting forth, "That this Cause stands in Course to be heard To-morrow; that the Petitioner, His Majesty's Advocate, is at present attending his Duty in Scotland, but is to be in London by the 1st of February, and he and the other Respondents make this Application to their Lordships to delay the Hearing of the Cause for these few Days: That the Rights of the Crown are concerned in it, and it is particularly ordered by the Barons of the Exchequer in Scotland to be defended by His Majesty's Counsel for that Kingdom; it is likewise a Matter of great Consequence to the private Respondents, who relied on the Assistance of the Lord Advocate, and he was accordingly prepared to plead it before the Recess;" and therefore praying their Lordships "to appoint this Cause to be heard on Wednesday the 4th Day of February next, or on such other Day as to their Lordships shall seem proper."

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

And being withdrawn:

Ordered, That the Hearing of this Cause be put off to Wednesday the 4th Day of February next, as desired.

Courts Martial, Accounts of, delivered.

The House being informed, "That Charles Gould Esquire, Judge Advocate General, attended:"

He was called in, and delivered at the Bar, pursuant to an Address to His Majesty of the 5th of December last, for that Purpose:

An Account of all General Courts Martial (the Proceedings whereof have been transmitted to the Judge Advocate General) holden in North America or the West Indies, since the 1st August 1774:"

Also, "An Account of such General Courts Martial as have been held in Great Britain since the 1st Day of August 1774:"

And also, "An Account of all General Courts Martial (the Proceedings whereof have been transmitted to the Judge Advocate General) holden in the Garrisons of Gibraltar or Minorca, since the 1st August 1774."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Sherson et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Robert Sherson of London, Apothecary, and Mary his Wife, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, and Hereditaments, in the County of Kent, Part of the Estates devised and settled by the Will of John Thoyts deceased, in Trustees, to be sold and conveyed to Sir Sampson Gideon Baronet, and his Heirs; and for laying out the Monies arising by such Sale, in the Purchase of other Lands and Hereditaments, to be conveyed and settled to and upon the like Uses and Trusts in the said Will."

Adjourn.

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

DIE Veneris, 23o Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Norvicen.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Petriburg.
Epus. Meneven.
Epus. Roffen.
Epus. Cestrien.
Epus. Oxon.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Comes Dartmouth, C. P. S.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Gordon.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Rockingham.
Comes Suffolk.
Comes Denbigh.
Comes Chesterfield.
Comes Sandwich.
Comes Carlisle.
Comes Abingdon.
Comes Rochford.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Dunmore.
Comes Marchmont.
Comes Oxford.
Comes Aylesford.
Comes Waldegrave.
Comes Effingham.
Comes Brooke.
Comes Powis.
Comes Harcourt.
Comes Darlington.
Comes Fauconberg.
Comes Spencer.
Comes Ailesbury.
Comes Clarendon.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Percy.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Paget.
Ds. Osborne.
Ds. Romney.
Ds. King.
Ds. Ponsonby.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Camden.
Ds. Cardiff.
Ds. Amherst.
Ds. Rivers.

PRAYERS.

Admiralty Office, Accounts from, delivered.

The House being informed, "That Mr. Jackson from the Admiralty Office attended:"

He was called in, and delivered at the Bar, pursuant to Addresses to His Majesty, of the 27th of November and 8th of December last, for that Purpose:

"An Account of the Expence of Victualling the Transports hired by the Navy Board from the 1st October 1775, to 30th September 1777; and what has been paid for the same:"

Also, "A List of the Names of the Line of Battle Ships now in Commission at Home, and employed upon Home Services, with the State and Condition of each Ship, according to the last Accounts received at the Admiralty Office, before the 27th of November last; and distinguishing the Time when each of the said Ships was commissioned:"

Also, "A List of all the Ships and Vessels, under the Line of Battle, now in Commission at Home, and employed upon Home Services, with the State and Condition of each Ship, according to the last Accounts received at the Admiralty Office, before the 27th Day of November last; and distinguishing the Time when each of the said Ships was commissioned:"

And also, "A List of such Ships and Vessels, under the Line, as have been purchased into His Majesty's Service since the 1st January 1776; distinguishing of whom purchased, and what Sum or Sums of Money was paid for each Ship or Vessel respectively."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

National Debt, Accounts of, delivered.

The House being informed, "That Mr. Hughson from the Exchequer Office attended:"

He was called in, and delivered at the Bar, pursuant to an Address to His Majesty of the 2d of December last, for that Purpose:

"A full and particular Account of the National Debt as it stood on the 5th Day of January 1770:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1771:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1772:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1773:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1774:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1775:"

Also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1776:"

And also, "A full and particular Account of the National Debt as it stood on the 5th Day of January 1777."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Sir Alexander Maconald against Norman:

Upon reading the Petition of Sir Alexander Macdonald, Appellant in a Cause depending in this House, and of Captain Norman of McLeod, Respondent thereto, which stands appointed for Hearing; setting forth, "That the Respondent, who is a Captain in His Majesty's 71st Regiment, is at present on Duty with the Army in America, and the Appellant, unwilling to hasten on the Cause in his Absence, wishes that the same may be postponed till next Session of Parliament;" and therefore praying their Lordships "to postpone the Hearing of this Cause till next Session of Parliament:"

Hearing put off to next Session.

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

L. Falconar against Lawson.

A Petition of David Lawson, Respondent in a Cause depending in this House, to which William Lord Falconar of Halkerton, is Appellant, which stands appointed for Hearing; setting forth, "That this Cause respects the Lease of a Farm which the Respondent holds under the Appellant, and from which the Appellant is anxious to eject him, and for that Purpose brought this Appeal to their Lordships from repeated Judgements of the Court of Session confirming the Respondent's Lease; that the Lord Advocate of Scotland is the Respondent's retained Counsel in this Cause, has settled and signed his Case, and the same is now printed; that the Lord Advocate is now in Scotland, and will not be in London for some Days, and as it would add to an Expence, the Respondent is already but ill able to bear, to retain and instruct another Counsel in his Cause, he flatters himself, and most humbly prays, their Lordships will postpone the Hearing of this Cause till Friday, the 6th of February next."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Friday, the 6th Day of February next, as desired.

Bishop of Chester to preach on 30th January.

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

Sir Richard Perryn and Browne's Petition referred to Judges.

Upon reading the Petition of Sir Richard Perryn Knight, One of the Barons of His Majesty's Court of Exchequer, and Henry Perryn Browne, late called Henry Perryn, Second Son of the said Sir Richard Perryn, and Nephew of Henry Browne, late of Skelbrook, in the County of York, Esquire, deceased; praying Leave to bring in a Private Bill for the Purposes in the said 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.

Sir Thomas Head's Petition for his Son to take the Name of James.

Upon reading the Petition of Sir Thomas Head, of Langley in the County of Berks, Knight, on Behalf of his Son Walter James Head, a Minor, praying Leave to bring in a Bill to enable his said Son Walter James Head and his Issue, to take and use the Surname of James only, and to take and bear the Coat Armour of John James, late of Denford in the County of Berks, Esquire, deceased, only, as by his Will is expressed:

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

Sir Sampson Gideon's Estate Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Messuages, Lands, and Hereditaments in the County of Kent, Part of the Estates devised and settled by the Will of John Thoyts deceased, in Trustees, to be sold and conveyed to Sir Sampson Gideon Baronet, and his Heirs; and for laying out the Monies arising by such Sale, in the Purchase of other Lands and Hereditaments, to be conveyed and settled to and upon the like Uses and Trusts in the said Will."

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Grafton.
D. Bolton.
D. Gordon.
D. Portland.
D. Manchester.
D. Chandos.
D. Bridgewater.
M. Rockingham.
E. Suffolk.
E. Denbigh.
E. Chesterfield.
E. Sandwich.
E. Carlisle.
E. Abingdon.
E. Rochford.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Dunmore.
E. Marchmont.
E. Oxford.
E. Aylesford.
E. Waldegrave.
E. Effingham.
E. Brooke.
E. Powis.
E. Harcourt.
E. Darlington.
E. Fauconberg.
E. Spencer.
E. Aylesbury.
E. Clarendon.
V. Weymouth.
V. Falmouth.
V. Dudley & Ward.
V. Hampden.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. London.
L. Bp. Norwich.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. Peterborough.
L. Bp. St. Davids.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Oxford.
L. Le Despencer.
L. Percy.
L. Willoughby Br.
L. Willoughby Par.
L. Paget.
L. Osborne.
L. Romney.
L. King.
L. Ponsonby.
L. Scarsdale.
L. Boston.
L. Pelham.
L. Camden.
L. Cardiff.
L. Amherst.
L. Rivers.

Their Lordships, or any Five of them, to meet on Monday the 9th Day of February next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Longlands to enter into Recognizance on D. Argyll's Appeal.

The House being moved, "That Thomas Longlands Gentleman, may be permitted to enter into a Recognizance for John Duke of Argyll, on Account of his Appeal depending in this House, he being in the Country:"

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

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House on Tuesday next.

North America. &c. Monthly Returns of Troops in, Address to His Majesty for.

Ordered, That an humble Address be pesented to His Majesty, to desire His Majesty will be graciously pleased to order, that there be laid before this House, Copies of the last General Monthly Returns, which have been received to this Day, of His Majesty's Forces, as well Foreign as British, in North America and the West Indies."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

America, Letter from Commissioners for restoring Peace in, read.

The House was moved, "That the Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America, to Lord George Germain, dated New York, 30th November 1776. R. 30th December, might be now read."

The same was accordingly read by the Clerk.

Monthly Returns of Forces delivered.

The Lord Viscount Weymouth (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty of the 2d of December last, for that Purpose:

"Copies of the last General Monthly Returns of the Forces in Great Britain, and in Gibraltar and Minorca;" together with a Schedule thereof:

Which was read by the Clerk, as follows; (videlicet),

No. 1. Abstract Return of the Cavalry, Infantry, and Invalids in Great Britain, 1st December 1777.

2. Copy of the Return of the Garrison of Gibraltar, 1st October 1777.

3. Copy of the Return of the Garrison in the Island of Minorca, 1st October 1777."

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

Ireland, Monthly Return of Forces in, delivered.

The Lord Viscount Weymouth also (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty of the 2d of December last, for that Purpose:

Copies of the last General Monthly Return of the Forces in Ireland;" together with a List thereof:

Which was read by the Clerk, as follows; (videlicet),

No. 1. State of the Cavalry in Ireland for the Month of November 1777.

2. State of the Infantry in Ireland for the said Month.

3. Return of the Royal Regiment of Artillery in Ireland for the said Month."

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

Ireland, Returns of Courts Martial held in, delivered.

The Lord Viscount Weymouth also (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty of the 5th of December last, for that Purpose:

Returns of the Courts Martial held in Ireland, from the 1st of August 1774, transmitted by His Excellency the Lord Lieutenant, 10th January 1778;" together with a List thereof:

Which was read by the Clerk, as follows; (videlicet),

No. 1.Returns of Courts Martial in the1st Horse.
2.Do.2d Horse.
3.Do.3d Horse.
4.Do.4th Horse.
5.Do.5th Dragoons.
6.Do.8th or Light Dragoons.
7.Do.9th Dragoons.
8.Do.12th or Light Dragoons.
9.Do.13th Dragoons.
10.Do.14th or Light Dragoons.
11.Do.18th Light Dragoons.
12.Do.3d Foot.
13.Do.11th Foot.
14.Do.19th Foot.
15.Do.30th Foot.
16.Do.32d Foot.
17.Do.36th Foot.
18.Do.60th Foot.
19.Do.67th Foot.
20.Do.68th Foot.

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

Adjourn.

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

DIE Lunæ, 26 Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Eber.
Epus. Carliol.
Epus. Meneven.
Epus. Roffen.
Epus. Oxon.
Comes Bathurst, Cancellarius.
Comes Dartmouth, C. P. S.
Dux Richmond.
Dux Bolton.
Dux Portland.
Dux Bridgewater.
March. Rockingham.
Comes Suffolk.
Comes Chesterfield.
Comes Carlisle.
Comes Jersey.
Comes Cassillis.
Comes Abercorn.
Comes Dunmore.
Comes Marchmont.
Comes Macclesfield.
Comes Waldegrave.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Northington.
Comes Spencer.
Comes Mansfield.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.
Ds. Le Despencer.
Ds. Willoughby Par.
Ds. Onslow.
Ds. King.
Ds. Edgcumbe.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Rivers.

PRAYERS.

Pilkington against Bayley:

After hearing Counsel this Day upon 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 might be reversed, or that their Lordships would be pleased to make such other Order therein as shall be just;" as also upon the Answer of Frances Bayley Widow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order 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 Decretal Order therein complained of, be, and the same is hereby Affirmed.

Stokes and Warner against Paterson, Petition, to revive Appeal.

Upon reading the Petition of Nehemiah Stokes and Christian Wagner, both of the City of London, Merchants, Appellants in a Cause depending in this House, to which Robert Paterson, late of Banogh in the County of Downe and Kingdom of Ireland, Linen Draper, deceased, is Respondent; setting forth, "That this Cause being an Appeal against an Order of the Court of Exchequer in Ireland, now stands for Hearing in Course in their Lordships Paper of Causes, and the said Respondent, since the same was set down for heaving, hath lately departed this Life, having first made and duly executed his last Will and Testament in Writing, and thereby appointed his Nephew John Paterson sole Executor thereof, and sole Residuary Devisee and Legatee of all his Real and Personal Estates and Effects, which said Will the said John Paterson did, on or about the 2d of December last, duly prove in the proper Ecclesiastical Court in Ireland, and took upon him the Executorship thereof; that the said John Paterson resides in the Kingdom of Ireland, and the Petitioners are advised that it is necessary to revive their said Appeal against him before the same can be regularly brought to a Hearing;" and therefore praying their Lordships, "That the said Appeal may stand revived against the said John Paterson, the Executor of the said deceased Respondent; and that he may be required to put in his Answer thereto; and that, in the mean time, the Hearing may be postponed:"

It is Ordered, That the said Appeal do stand revived against the said John Paterson, the Executor of the said deceased Respondent, as desired; and that he do put in his Answer thereunto in Writing on or before Monday the 2d Day of March next.

Lane to enter into Recognizance on Gorman's Appeal.

The House being moved, "That John Lane, of King Street, Covent Garden, Gentleman, may be permitted to enter into a Recognizance for Francis Gorman Esquire, and others, on Account of their Appeal depending in this House, they residing in Ireland:"

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

Vickars et al. against Scott; Bridges against Gilbert et al. Pleadings proved.

The House being informed, "That Walter Sweetman Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in Two Causes depending in this House; in the First of which, Jeremiah Vickars, of the City of Dublin, Merchant, and others, are Appellants, and the Right Honourable John Scott Esquire, His Majesty's now Attorney General of Ireland, is Respondent; and in the other, William Bridges Esquire is Appellant, and Jane Gilbert Spinster and others are Respondents:"

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

And then he withdrew.

Writs of Error delivered:

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in at the Table Two Writs of Error:

In the First of which,

Horne against the King.

John Horne Clerk is Plaintiff, and the King Defendant.

And in the other,

Hanson et al. against Kenworthys.

William Hanson and others are Plaintiffs, and John Kenworthy and Edward Kenworthy Defendants.

North America, Account of Men disabled, &c. delivered.

The Lord Viscount Weymouth (by His Majesty's Command) laid before the House several Papers, pursuant to Addresses to His Majesty of the 2d of December last for that Purpose; together with a Schedule thereof:

Which was read by the Clerk as follows; (videlicet),

No. 1. Account of all the Men lost and disabled in His Majesty's Land Service, including Marines serving on Shore, and all Foreign Troops in British Pay, by Desertion, Captivity, Death, Wounds or Sickness, in any Province of North America, since the 1st Day of August 1774; distinguishing each Year, Corps, and Service."

No. 2. General Returns of the Hospitals in North America, made up from the 1st Day of August 1774, to the Time of the last Returns; distinguishing the Numbers of Men of all Denominations which have died or recovered, during the abovementioned Period."

No. 3. Copies of the last General Monthly Returns of His Majesty's Forces, as well Foreign as British, in North America and the West Indies."

No. 1. Account of Men lost and disabled in His Majesty's Land Service, including Two Battalions of Marines, and Foreign Troops in British Pay, by Death, Desertion, Captivity, Wounds or Sickness, in North America, since the 1st Day of August 1774; distinguishing each Year, Corps, and Service."

No Documents received from North America."

No. 2. Copy of the Monthly Return of His Majesty's Forces in North America under the Command of General Sir William Howe, 1st July 1777."

No. 3. Copy State of the Troops, British and German, under the Command of Sir William Howe, encamped at German Town, Philadelphia, &c. 13th October 1777."

No. 4. Copy Monthly General Return of the Army in Canada, 1st October 1777."

No. 5. Copy Return of the additional Companies, Quebec, 1st July 1777."

No. 6. Copy Monthly General Return of the British Troops, Canada, 1st May 1777."

No. 7. Copy General Monthly Return of the German Troops, Canada, 1st May 1777."

No. 8. Abstract of the 1st General Monthly Returns of His Majesty's Forces in the West Indies."

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

North America, Embarkation Returns of Corps sent to:

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order, that there be laid before this House, Copies of the Embarkation Returns of all the Corps which have been sent from Great Britain or Ireland, to any Part of North America, in the Years 1774, 1775, 1776, and 1777, including Foreigners and Marines:"

Monthly Returns of Corps in:

Also, "Copies of the Monthly Returns, dated 1st August 1774, of those Corps which were in North America at that Time:"

Return of Recruits sent to:

Also, "Return of all Recruits which have been sent to North America in the Years 1774, 1775, 1776, and 1777, British as well as Foreign; distinguishing each Corps:"

Returns of Troops in, Addresses to His Majesty for.

And also, "Returns of the greatest Number of Land Forces employed in North America, in 1774, 1775, 1776, and 1777; distinguishing each Corps, and made out in the Form of Monthly Returns."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Oxford, &c. Road Bill.

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

With a Bill, intituled, "An Act for continuing the Terms, and enlarging the Powers of Two Acts, One passed in the Seventh, and the other in the Eighth Years of His present Majesty's Reign, for repairing and widening the Roads from Oxford over Botley Causeway, to Fifield in the County of Berks, and Witney in the County of Oxford;" to which they desire the Concurrence of this House.

Bulwick Enclosure Bill.

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

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

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

Head to take the Name of James, Bill, presented.

The Earl of Chesterfield presented to the House (pursuant to an Order of Leave on Friday last) a Bill, intituled, " An Act to enable Walter James Head Esquire, a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire, deceased."

The said Bill was read the First Time.

Luttrell against L. Irnham.

Upon reading the Petition of the Honourable Henry Lawes Luttrell, Appellant in a Cause depending in this House, and of the Right Honourable Simon Lord Irnham in the Kingdom of Ireland, Respondent thereto; setting forth, "That, from Causes which were in order for Hearing before their Lordships having been unexpectedly put off, the above Cause now stands in their Lordships List of Causes for Wednesday next; that it will be impossible for the Counsel or Agents on either Side to be then prepared for the Hearing;" and therefore praying their Lordships, "That the Hearing of the said Cause be put off to Monday the 9th Day of February next, or to such other Day as to their Lordships shall seem meet:"

It is Ordered, That the Hearing of the said Cause be put off to Monday the 9th Day of February next, as desired.

Steel against Fryer:

Upon reading the Petition of John Fryer, Defendant in a Writ of Error depending in this House, wherein Thomas Steel is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" 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.

It is Ordered, That the Petitioner do forthwith enter a Non-pross. 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.

Adjourn.

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

DIE Martis, 27o Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Londin.
Epus. Duresm.
Epus. Eliens.
Epus. Cicestrien.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Petriburg.
Epus. Meneven.
Epus. Roffen.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Comes Dartmouth C. P. S.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Devonshire.
Dux Gordon.
Dux Ancaster, Magnus Camerarius.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Dux Montagu.
March. Rockingham.
Comes Talbot, Senescallus.
Comes Hertford, Camerarius.
Comes Derby.
Comes Suffolk.
Comes Denbigh.
Comes Stamford.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Berkeley.
Comes Abingdon.
Comes Plymouth.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Brooke.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Cornwallis.
Comes Darlington.
Comes Fauconberg.
Comes Ilchester.
Comes Northington.
Comes Radnor.
Comes Spencer.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Percy.
Ds. De Ferrers.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Paget.
Ds. Craven.
Ds. Osborne.
Ds. King.
Ds. Edgcumbe.
Ds. Sandys.
Ds. Fortescue.
Ds. Ponsonby.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Pelham.
Ds. Beaulieu.
Ds. Camden.
Ds. Cardiff.
Ds. Amherst.
Ds. Rivers.
Ds. Foley.

PRAYERS.

King's Answer to Addresses reported.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Addresses of Friday last, and Yesterday, for the several Papers therein mentioned, and that His Majesty was pleased to say, He would give Directions accordingly."

E. Bective against Hamilton et al.

Upon reading the Petition of the Right Honourable Thomas Earl of Bective, in the Kingdom of Ireland, Appellant in a Cause depending in this House, and of Robert Hamilton and others, Respondents thereto, et e contra; setting forth, "That the Petitioners have been for some Time prepared for Hearing the said Appeals, and their Cases were printed long before the Holidays, and that the Petitioners Agents have regularly attended this Honourable House, the better to observe the going off of the several Causes that stood in the List for Hearing before the Petitioners; that the Petitioners Agents, on their attending Yesterday to examine the Cause List, faw Four Causes stand for Hearing before the Petitioners, and therefore by no Means expected the above Causes could come on until the latter End of the next Week, or the Beginning of the Week following; whereas the Petitioners now find that the Causes which stood before the Petitioners are all disposed of, and that the Petitioners stands first for Hearing on To-morrow; that the Petitioners Counsel cannot possibly be prepared by To-morrow, the Case, and several other necessary Papers to be perused by them, being very volum nous;" and therefore praying their Lordships "will be pleased to fix any Day after the next Week for the Hearing of the said Causes, as to their Lordships shall seem meet:"

It is Ordered, That the Hearing of this Cause be put off till after those already appointed.

Bulwick Enclosure Bill.

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

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

Ld. President.
Ld. Privy Seal.
D. Richmond.
D. Grafton.
D. Bolton.
D. Devonshire.
D. Gordon.
D. Ancaster.
D. Portland.
D. Manchester.
D. Chandos.
D. Bridgewater.
D. Montagu.
M. Rockingham.
Ld. Steward.
Ld. Chamberlain.
E. Derby.
E. Suffolk.
E. Denbigh.
E. Stamford.
E. Chesterfield.
E. Sandwich.
E. Essex.
E. Carlisle.
E. Berkeley.
E. Abingdon.
E. Plymouth.
E. Rochford.
E. Jersey.
E. Cholmondeley.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Dunmore.
E. March.
E. Marchmont.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Macclesfield.
E. Waldegrave.
E. Ashburnham.
E. Effingham.
E. Brooke.
E. Fitzwilliam.
E. Powis.
E. Harcourt.
E. Cornwallis.
E. Darlington.
E. Fauconberg.
E. Ilchester.
E. Northington.
E. Radnor.
E. Spencer.
E. Hillsborough.
E. Ailesbury.
E. Clarendon.
E. Mansfield.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Wentworth.
V. Dudley & Ward.
V. Hampden.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. London.
L. Bp. Durham.
L. Bp. Ely.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. Bp. St. Davids.
L. Bp. Rochester.
L. Bp. Chester.
L. Bp. Oxford.
L. Le Despencer.
L. Percy.
L. De Ferrers.
L. Willoughby Br.
L. Willoughby Par.
L. Paget.
L. Craven.
L. Osborne.
L. King.
L. Edgcumbe.
L. Sandys.
L. Fortescue.
L. Ponsonby.
L. Lyttelton.
L. Wycombe.
L. Grosvenor.
L. Scarsdale.
L. Boston.
L. Pelham.
L. Beaulieu.
L. Camden.
L. Cardiff.
L. Amherst.
L. Rivers.
L. Foley.

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.

Vyse's Petition referred to Judges.

Upon reading the Petition of the Reverend William Vyse Doctor of Laws, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Blackstone and Mr. Justice Nares, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Luttrell against L. Irnham, Pleadings proved.

The House being informed, "That Mr. Rivers attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein the Honourable Henry Lawes Luttrell is Appellant, and the Right Honourable Simon Lord Irnham, in the Kingdom of Ireland, 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.

America, Answer to Letter of Commissioners for restoring Peace in, Motion for Address for, refused.

The House was moved, "That an humble Address be presented to His Majesty, to desire His Majesty would be graciously pleased to order the proper Officer to lay before this House, "A Copy of the Answer sent to the Commissioners for restoring Peace to His Majesty's Colonies in America, in consequence of their Letter to Lord George Germain, dated New York, 30th of November 1776, excepting such Part of the said Answer as might affect the Safety of any Individual."

Which being objected to:

It was moved, "That the Copy of a Letter from the Commissioners for restoring Peace to His Majesty's Colonies in America to Lord George Germain, dated New York, 30th November 1776. R. 30th December, might be now read:"

The same was accordingly read by the Clerk.

It was moved, "That the Copy of a Letter from Lord Viscount Howe to Lord George Germain, dated Eagle, off New York, 20th September 1776. R. 3d November, might be now read:"

The same was accordingly read by the Clerk.

It was moved, "That the Copy of a Proclamation issued by the Commissioners, 30th November 1776, might be now read:"

The same was accordingly read by the Clerk.

After long Debate:

The Question was put upon the said Motion for an Address?

It was resolved in the Negative.

The Order of the Day for the Lords to be summoned being read:

Motion for summoning the Judges refused.

It was moved, "That a Day be fixed for summoning the Judges to attend this House, in order to take their Opinions upon the present Mode of raising Troops without the Authority of Parliament."

Which being objected to:

After short Debate,

The same was (by Leave of the House) withdrawn.

Lords summoned.

Then it was moved "That the Lords be summoned to attend the Service of the House on Wednesday the 4th of February next."

The same was agreed to, and Ordered accordingly.

Adjourn.

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

DIE Jovis, 29o Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Epus. Asaphen.
Epus. Oxon.
Comes Bathurst, Cancellarius.
Comes Gower, Præses.
Dux Richmond.
Dux Bolton.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Rockingham.
Comes Suffolk.
Comes Stamford.
Comes Sandwich.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Marchmont.
Comes Waldegrave.
Comes Effingham.
Comes Fitzwilliam.
Comes Northington.
Comes Hillsborough.
Comes Ailesbury.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Craven.
Ds. Osborne.
Ds. Onslow.
Ds. Edgcumbe.
Ds. Scarsdale.
Ds. Digby.
Ds. Cardiff.

PRAYERS.

Bulwick Enclosure Bill.

The Lord Willoughby of Parham reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Meadows, and Common Grounds, within the Parish of Bulwick, 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."

D. Norfolk and E. Surry's Petition referred to Judges.

Upon reading the Petition of the Most Noble Charles Duke of Norfolk, and the Right Honourable Charles Howard Esquire, commonly called Charles Earl of Surry, only Son and Heir Male of the said Charles Duke of Norfolk; praying Leave to bring in a Bill for vesting certain Estates, in the Counties of Cumberland and Westmorland, in the said Charles Earl of Surry and his Heirs:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Blackstone and Mr. Justice Nares, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Rider & Ux. Petition referred to Judges.

Upon reading the Petition of Edmund Rider late of the Town of Hertford in the County of Hertford, and now of Langford in the County of Essex Clerk, on Behalf of himself and Sarah his Wife, and Henry John Rider their Infant Son; praying Leave to bring in a Bill, for the Purposes in the said 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.

Admiralty Office, several Accounts from, delivered.

The House being informed, "That Mr. Jackson, from the Admiralty Office, attended;"

He was called in, and delivered at the Bar, pursuant to Addresses to His Majesty of the 27th of November and 2d of December last, and the 20th of this Instant January, for that Purpose,

An Account of the Expence of the Freight of Victuallers, hired to carry Provisions to North America, and the Value of the said Provisions for the Use of the Troops there; also the Value of all Provisions, &c. shipped on board Ordnance Store Ships, Ships of War, &c. for the Use of the said Troops, from the 1st October 1775, to the 30th September 1777:"

Also, "A List of the different Ships and Vessels of War, and hired Armed Vessels in His Majesty's Service, which have been employed in North America, since the 1st Day of August 1774:"

Also, "Extract of so much of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated 23d May 1771, as relates to the Ships appointed to do the Duty of Guard-ships, being always kept in proper Condition to be sent upon any Service at the shortest Notice:"

Also, "An Account of the Oak Timber remaining in Store, and due on Contracts, at His Majesty's several Dock Yards, on the 30th September 1770, and on the 30th September 1777:"

And also, "Copy of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated 8th March 1771, respecting the seasoning of Timber, the seasoning the Frames of Ships, and other Means to be used to prevent the rapid Decay of the Ships of the Royal Navy."

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Letters relating to Guardships, &c. read.

It was moved, "That the Extract of so much of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated 23d May 1771, as relates to the Ships appointed to do the Duty of Guardships, being always kept in proper Condition to be sent upon any Service at the shortest Notice," might be now read:"

The same was accordingly read by the Clerk.

It was moved, "That the Copy of a Letter from the Commissioners for executing the Office of Lord High Admiral, to the Commissioners of His Majesty's Navy, dated 8th March 1771, respecting the seasoning of Timber, the seasoning the Frames of Ships, and other Means to be used to prevent the rapid Decay of the Ships of the Royal Navy," might be now read:"

The same was accordingly read by the Clerk.

Stevenage to Biggleswade, &c. Road Bill.

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

With a Bill, intituled, "An Act to enlarge the Term and Powers of several Acts, passed in the Sixth and Twelfth Years of King George the First, the Twenty-eighth Year of His late Majesty, and the Ninth Year of His present Majesty, for repairing the Roads from Stevenage in the County of Hertford, to Biggleswade in the County of Bedford, and other Roads therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Haldane against Keith.

Upon reading the Petition of George Haldane Esquire, Appellant in a Cause depending in this House, and of George Keith late Earl Marischall Respondent thereto; setting forth, "That, from the postponing of several Causes which stood on the Paper, this Cause will come on to be heard much sooner than it would have otherwise done; that it now stands in Course for Monday next; but as the Parties cannot get their Counsel properly instructed to argue it before their Lordships on that Day, the Petitioners therefore humbly pray their Lordships to put off the Hearing of this Cause to Friday the 13th Day of February next:"

It is Ordered, That the Hearing of this Cause be put off to Friday, the 13th Day of February next, as desired.

Head to take the Name of James, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Walter James Head Esquire, a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire, deceased."

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

Ld. President.
D. Richmond.
D. Bolton.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Rockingham.
E. Suffolk.
E. Stamford.
E. Sandwich.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Marchmont.
E. Waldegrave.
E. Effingham.
E. Fitzwilliam.
E. Northington.
E. Hillsborough.
E. Ailesbury.
V. Falmouth.
L. Abp. Canterbury.
L. Bp. St. Asaph.
L. Bp. Oxford.
L. Willoughby Par.
L. Craven.
L. Osborne.
L. Onflow.
L. Edgcumbe.
L. Scarsdale.
L. Digby.
L. Cardiff.

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

Oxford, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Terms and enlarging the Powers of Two Acts, one passed in the Seventh, and the other in the Eighth Years of His present Majesty's Reign, for repairing and widening the Roads from Oxford over Botley Causeway, to Fifield in the County of Berks, and Witney, in the County of Oxford."

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 Monday next, at the usual Time and Place; and to adjourn as they please.

Bridges against Gilbert et al.

The House being informed, "That Jane Gilbert and others, Respondents to the Appeal of William Bridges Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House, for that Purpose:"

And thereupon an Affidavit of Tottenham Howlin of the City of Dublin Gentleman, of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Returns of Regiments raised from December 1777 to January 1778:

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to give Directions that the proper Officers do lay before this House, "Returns of all the Regiments, Battalions, Independent Corps or Companies, raised or ordered to be raised, from the 10th Day of December 1777, to the 29th Day of January 1778, with a List of the Officers employed, or to be employed, in the said Corps, specifying the Time they have served, and the Rank they have held in the Army; as also a Copy of all Instructions from the War Office or Beating Orders, delivered to the Officers of the said Corps, and the Terms on which the said Corps are to be raised."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

State of the Royal Regiment of Artillery:

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order that there be laid before this House, A State of the Royal Regiment of Artillery in Great Britain, according to the last Returns."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

North America, Account of Ships, &c. employed in 1774:

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order that there be laid before this House, An Account of His Majesty's Ships and Armed Vessels, which were employed in North America in 1774, specifying the Number of Seamen and Marines on board each Ship:"

Account of Ships failed to:

And also, "An Account of such of His Majesty's Ships and Armed Vessels, which have failed from Great Britain to North America, in the Years 1774, 1775, 1776, and 1777, with the Number of Seamen and Marines on board each Ship, and distinguishing the Rates."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Account of Foreign Oak Timber in the Dock Yards, from 1770 to 1777, and of Ships repaired with it: Addresses for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order that there be laid before this House, "An Account of the Quantity of Foreign Oak Timber, laid into His Majesty's Dock Yards since the 30th of September 1770 to 30th September 1777, specifying the Price which has been paid or contracted to be paid for the same, with the Dates of the Contracts, and the Time of the Delivery of the said Timber, at the several different Dock Yards."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

It was moved, "That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to order that there be laid before this House, An Account of such of His Majesty's Ships as have been repaired with Foreign Oak Timber since the 30th of September 1770 to 30th of September 1777."

Which being objected to:

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

DIE Veneris, 30o Januarii 1778.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.
Epus. Carliol.
Epus. Meneven.
Epus. Roffen.
Epus. Cestrien.
Epus. Oxon.
Comes Bathurst, Cancellarius.

PRAYERS.

Admiralty several Accounts from delivered.

The House being informed, "That Mr. Jackson from the Admiralty Office attended;"

He was called in, and delivered at the Bar, pursuant to Addresses to His Majesty of the 2d of December last, for that Purpose:

An Account of all Bills issued and current on the different Services of the Navy and Victualling, since the 5th January 1777, made out to the 2d December 1777:"

Also, "An Account of the Ships of War and Armed Vessels, appointed as Convoy to the Trade of this Kingdom or Ireland, since the passing of an Act in the 16th Year of His Majesty's Reign, intituled, An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. &c. distinguishing the Names and Force of the Ships appointed, and the particular Services upon which they were so appointed as Convoys; together with the Notices given to the Traders of the Time prefixed for their Sailing, and the Times at which they failed respectively:"

Also, "An Account of His Majesty's Ships of War, which have been employed since the passing of an Act in the 16th Year of His Majesty's Reign, intituled, An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. &c. as Cruizers for the Protection of the Trade of this Kingdom and Ireland, the Stations of such Ships, and how long ordered to continue on such Cruizes, with the Times of their going to Sea and returning into Port, as far as actually relates to such Ships as are returned into Port."

And the Titles thereof being read by the Clerk:

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

American Prisoners, Accounts relating to, delivered.

Mr. Jackson also delivered at the Bar, Copies of Papers prepared in pursuance of Addresses to His Majesty, of the 8th and 11th of December last, for that Purpose; together with a Schedule thereof:

Which was read by the Clerk as follows; (videlicet),

No. 1. General List of all Prisoners committed to Mill and Forton Prisons to the 30th November 1777, inclusive.

2. Copies of all the Warrants of Commitment in 330 Papers; (videlicet),

307 Commitments to MillPrison.
162 (in 23 Papers) Forton

No. 3. Account, shewing each Article of Expence incurred for the Prisoners in Mill Prison, to the 30th November 1777, inclusive.

4. Account, shewing each Article of Expence incurred for the Prisoners in Forton Prison, to the 30th November 1777, inclusive.

5. Abstracts of the Returns made weekly of the Number, Deaths, &c. of Prisoners in each Prison, to the 30th November, inclusive.

6. General Instructions to the Keeper and Agent of each Prison.

7. General Instructions to the Surgeons.
and
8. Turnkeys.

9. Copies and Extracts of Orders and Letters of the Commissioners for Sick and Hurt Seamen to the Keeper and Agent and Surgeon of Mill Prison, with Extracts from Mr. Bell's Reports on his Visitation of that Prison, of the Directions he gave upon the Spot; all relative to the Custody or Treatment of the Prisoners.

10. Copies and Extracts of like Orders and Letters and Extracts from Two Reports made by Mr. Bell, relative to Forton Prison.

11. Particular, shewing how the Prisoners in Health are lodged, and how the Sick are accommodated and treated.

12. Form of a Contract, and shewing what Kind of Provisions are allowed and how purchased; and the Precautions taken in the Contracts to secure the due Performance of them.

13. Regulations which have, since the 30th November, been hung up in the Prisons of Forton and Mill, that the Prisoners may more explicitly know what Behaviour is expected on their Part, what Allowances of Provisions are made, and what Indulgences are permitted them."

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

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 Lunæ, secundum diem Februarii, jam prox. sequen, hora undecima Auroræ, Dominis sic decernentibus.