House of Lords Journal Volume 33: February 1771, 1-10

Die Veneris, 1^o Februarii 1771.

Domini tam Spirituales quam Temporalis prsentes fuerunt:

PRAYERS.

Dunbar against Lem et Ux.

The Answer of William Lem and Ann his Wife to the Appeal of John Dunbar, late of London, Merchant, was this Day brought in.

Pitchford to take the Name of Cornish. Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Sir Samuel Cornish. deceased, pursuant to his Will; was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had, gone through the Bill, and directed him to report the same to the House, without any Amendment

Ordered; That the said Bill be engrossed:

Campbell et al. against Hastie.

Upon reading the Petition and Appeal of Patrick Campbell of Knap, and other Burgesses and Inhabitants of the Royal Borough of Campbelltown, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of December 1770; in fo far as it reports John Hastie to the Office of Schoolmaster of Campbelltown; and of another Interlocutor of the said Lords of the 22d of January last, adhering thereto, and praying, That the same may be reversed; varied, or altered, or that the Appellants may have such Relief in the premises as to this House, in their Lordships great Wisdom, shall seem proper; and that John Hactie may be required to answer the said Appeal:

It is Ordered, That the said John Hastie may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or. before Thursday the First Day of March next; and Service of this Order upon the said Respondent, or upon his known Agent in the said Court of Session in Scotland, mail be deemed good Service.

E. Roseberys Petition referred to Judges.

Upon reading the Petition of Neil Earl of Rosebery; 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 Perrott, 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.

Smyths Petition referred to Judges.

Upon reading the Petition of George Smyth the Elder, late of North Nibley in the County of Gloucester, but now of Shrewsbury in the County of Salop, Esquire; and George Smyth the Younger, of North Nibley aforesaid, Esquire, eldest Son and Heir Apparent of the said George Smyth the Elder ; 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 Adams, 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.

Mackenzie and others, to take the Name of Godfrey.

Upon reading the Petition of Thomas Godfrey Esquire, William Mackenzie, David Gravier Esquire, and John Gravier; Devisees named in the Will of, Peter Godfrey Esquire, deceased; praying Leave to bring in a Bill to enable the Petitioners, the said William Mackenzie David Gravier, and John Gravier respectively, and the Heirs Male of their respective Bodies, to take and use the Surname and Arms of Godfrey only:

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

Sutton et al. Petition referred to Judges.

Upon reading the Petition of John Sulton Esquire, the eldest surviving Son and Heir of Sir Robert Sutton Knight, deceased, Richard Sutton Esquire, the only surviving younger Son of the said Sir Robert Sutton, on Behalf of himself and his Infant Son Robert, (fn. ) the eldest Son and Heir of Richard Sutton, deceased, who was Brother of the said Sir Robert Sutton and Robert his Son, and the Reverend Richard Sutton Doctor in Divinity, the only surviving younger Son of the said Richard Sutton deceased; praying Leave to bring in a Bill for effectuating and carrying into Execution an Agreement 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 Perrott, 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.

Parkinson et al. Petition referred to Judges.

Upon reading the Petition of Thomas Parkinson of Loughborough, in the County of Leicester, Clerk, on Behalf of himself, and as Guardian of Hacker Parkinson and Mary Parkinson, his Son and Daughter, and only Children, who are Infants, and of Edward Heathcote of Narborough, in the County of Leicester, Clerk, on Behalf of himself, and as Guardian of Catherine, Charles,Mary, Elizabeth, Edward, Robert, Dorothy, and Ralph Heathcote, his Infant Children, and also of Catherine the Wife of the said Edward Heathcote; 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 Adams, 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. Stanhope, and others, Petition referred to Judges.

Upon reading the Petition of Philip Earl Stanhope, Lady Lucy Meyrick, and Thomas Pitt Esquire; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Thurston, and others Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Thomas Thurston Esquire, 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 1^a vice lecta est Billa, intituled, An Act for effectuating a Conveyance of the Real Estates, late of John Essington Esquire, deceased, to the Purchasers thereof, under a Decree or Order of the High Court of Chancery.

Bp. Durham et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Richard Lord Bishop of Durham, 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 1^a vice lecta est Billa, intituled, An Act to render valid and effectual certain Articles of Agreement between William Lambton Esquire, and the Honourable and Right Reverend Richard Lord Bishop of Durham, and the other Persons therein named.

Sir Francis Blake Delaval et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Francis Blake Delaval, 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 1^a vice lecta est Billa, intituled, An Act to empower Sir Francis Blake Delaval Knight of the Bath, or the Person or Persons claiming under a Settlement of his Family Estates, dated the Nineteenth Day of January One thousand seven hundred and forty-eight, to grant to Thomas Delaval Esquire, his Heirs and Assigns, a.certain Parcel of Land, and Buildings, Liberties, and Privileges; and also, to grant Two several Leases for Ninety-nine Years each, to or in Trust for the said Thomas Delaval, and Sir John Hussey Delaval Baronet, of certain Lands, Copperas Works, Buildings, Liberties, and Privileges, in the Manors of Hartley and Seaton Delaval, in the County of Northumberland, Part of the settled Estates of the said Sir Francis Blake Delaval, and for other purposes therein mentioned.

Gilbert peremptorily to answer Cufacks et al. Appeal.

The House being informed, That Robert Gilbert, Respondent to the Appeal of James Cusack and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that purpose:

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

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

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

Aylesbury Enclosure Bill.

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields within the Township and Liberties of Aylesbury, in the County of Bucks ; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lord Ducie to take the Name of Moreton, and use the Arms of Lord Ducie.

Upon reading the Petition of the Right Honourable Thomas Lord Ducie praying Leave to bring in a Bill to enable him and his Issue to take and use the Surname of Moreton, and to bear and use the Arms of Honour of Matthew Lord Ducie, deceased:

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

Standing Order No.1.read.

Moved, That the Standing Order No 1. be now read:

The same was accordingly read by the Clerk.

And the Lords having taken their due Places.

Standing Order No. 20. read.

It was moved, That the Standing Order No 20. might be read:

The same was accordingly read by the Clerk.

Then it was moved, To adjourn to Monday Morning next at Eleven oClock:

Which being objected to:

The Question was put thereupon;

It was resolved in the Affirmative,

Nemine Contradicente:

Accordingly

Adjourn.

Dominus Cancellarius declaravit prsens Parliament turn continuandum esse usque ad et in diem Lunas, quartum diem instantis Februarii, hora undecima Auroras, Dominis sic decernentibus.

Die Lun, 4^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. Chatham against Tothill and Western.

The Answer of William Daw Tothill and Maximilian Weaternto the Appeal of the Right Honourable William Earl of Chatham, was this Day brought in.

Thomas Lord Ducie of Tortworth claiming, by virtue of a special Limitation contained in a Patent granted to Matthew Ducie Morton, Baron Ducie of Moreton and by which he was created Baron Ducie of Tostworth, bearing Date the 27th of April, in the Third Year of the Reign of His present Majesty, was this Day (in his Robes) introduced between the Lord Masham and the Lord Edgecumbe (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain, preceding.

His Lordship, on his Knee, presented the said Patent to the Lord Chancellor at the Woolsack; who delivered it to the Clerk ; and the same was read at the table:

His Lordships Writ of Summons was also read, as follows:

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved Thomas Ducie of Tortworth, Chevalier, Greeting. Whereas Our Parliament, for arduous and Urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us and with the Prelates, Nobles and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice ; and this you may in no wile omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness ourself, at Westminsterthe Twenty-first Day of January in the Eleventh Year of Our Reign.

Yorke.

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was afterwards placed in his due Place.

Garter King at Arms delivered in at the Table his Lordships Pedigree, pursuant to the Standing Order.

E. Carlisles Petition referred to Judges.

Upon reading the Petition of the Right Honourable Frederick Earl of Carlisle; 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 Perrott, 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.

Lord Ducie to take the Name of Morton and use the Arms of Lord Ducie, Bill.

The Earl Gower presented to the House (pursuant to an Order of Leave of Friday last) a Bill, intituled, An act to enable the Right Honourable Thomas Lord Ducie, and his Issue, to take the Surname of Moreton, and to bear and use the Arms of Honour of the Right Honourable Matthew Lord Ducie, deceased, pursuant to the Will of the said Matthew Lord Ducie.

The said Bill was read the first Time.

Aylesbury Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, within the Township and Liberties of Aylesbury, in the County of Bucks

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

Their Lordships, or any Five of them, to meet on Thursday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers j and to adjourn as they please.

Lady Midleton s Estate Bill.

Hodie 2^a vice lecta est Bilia, intituled, An Act for explaining and amending an act, intituled, An act for verting Part of the Fee Simple Estate of George late Lord Viscount Midleton of the Kingdom of Ireland, in Trustees, to be sold for paying the Debts, Legacies, and Incumbrances mentioned in, and appointed to be paid by his Will, and for executing and effectuating several Contracts entered into by him for felling and leasing divers Farms and Lands in Ireland, and for making the Exemplification of his. Will, Evidence in Law and Equity.

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 Tuesday the 19th Day of this instant February, at the usual Time and Place; and to adjourn as they please.

Bp. Hereford Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Reverend Father in God James Lord Bishop of Hereford; 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 1^a vice lecta est Billa, intituled, An act to enable the Bishop of Hereford to exchange certain Lands and premises in the County of Hereford.

Bp. Durhams Estate Bill.

Hodie 2^a vice lecta est Billa, intituled, An act to render valid and essential certain Articles of Agreement between William Lambton Esquire, and the Honourable and Right Reverend Richard Lord Bishop of Durham, and the other Persons therein named:

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 Tuesday the 19th Day of this instant February, at the usual Time and Place ; and to adjourn as they please.

Sir Francis Blake Delavals Estate Bill:

Hodie 2^a vice lecta est Billa, intituled, An act to empower Sir Francis Blake Delaval, Knight of the Bath, or the Person or Persons claiming under a Settlement of his Family Estates, dated the Nineteenth Day of January One thousand seven hundred and forty-eight, to grant to Thomas Delaval Esquire, his Heirs and Assigns, a certain Parcel of Land and Buildings, Liberties and Privileges ; and also to grant Two several Leases for Ninety-nine Years each, to or in Trust for the said Thomas Delaval, and Sir John Hussey Delaval Baronet, of certain Lands, Copperas Works, Buildings, Liberties, and Privileges, in the Manors of Hartley and Seaton Delaval, in the County of Northumberland, Part of the settled Estates of the said Sir Francis Blake Delaval; and for other purposes therein mentioned:

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

Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please;

Goring and others, Petition referred to Judges.

Upon reading the Petition of Charles Goring of Limpsfield, in the County of Surrey, Esquire, and Fanny his Wife (late Fanny Thorpe Spinster), on Behalf of themselves and of Fanny Thorpe their Infant Child, and of John Rigg of Walthamstow, in the County of Essex, Esquire, Fysh Coppinger of Lincoln s Inn, in the County of Middlesex, Esquire, and Henry Flitcroft of Hampstead, in the same County, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the consideration the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott 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;

Froggatt et Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Froggatt of Manchester in the County of Lancaster, Gentleman, and Hannah his Wife; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. justice Ashurst, 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:

Spernal Ash Road Bill.

A Message was brought from the House of Commons by the Lord Catherlough and others:

With a Bill, intituled, An act for enlarging the Term and Powers of an act made in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from Spernal Ash; in the County of Warwick, to a Street called Digbeth, in the Town of Birmingham; to which they desire the Concurrence of this House.

Morden College Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, An act for carrying into Execution an Agreement made between Peter Burrell Esquire, Surveyor General of His Majestys Lands, and the Trustees of Morden College in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill, in the Parish of East Greenwich, in the County of Kent, to the said Trustees, upon the Terms mentioned in the said Agreement; and for empowering the said Trustees to increase the Salaries and Pensions of the Treasurer, Chaplain, and poor Merchants in the said College to which they desire the Concurrence of this House.

Selkirk Road Bill.

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

With a Bill, intituled, An act for enlarging the Term and Powers of an act made in the Eighth Year of the Reign of His present Majesty, intituled, An act for repairing several Roads leading through the County of Selkirk; to which they desire the Concurrence of this House.

The said Three Bills were severally read the first time.

Pitchford to take the Name of Cornish, Bill.

Hodie 3^a vice lecta est Billa, intituled An Act to enable Captain Samuel Pitchford, and the Heirs Male of his Body, to take and use the Surname and bear the Arms of Sir Samuel Cornish, deceased, pursuant to his Will:

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. with it

A Message was sent to the House bf Commons, by Mr. Holford and Mr. Montague:

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

Papers relating to Falklands Island delivered.

The Earl of Rochford (by His Majestys command) laid before the House, Copies and Extracts of Letters, &c. relating to the Dispute about Falklands island, pursuant to an Address to His Majesty of the 25th Day of January last; together with a List thereof.

Which was read by the Clerk, as follows:

No 1. Copy of a Letter from Lord Viscount Weymouth to Mr. Harris; No 10. dated Saint Jamess, 12th September 1770, by Potter.

No 2. Copy of a Letter from Ditto to Ditto, without Number, dated Saint Jamess, 14th September 1770.

No 3. Copy of a Letter from Ditto to Ditto, No 11, dated Saint Jamess, 17th October 1770, by Potter.

No 4. Extract of a Letter from Ditto to Ditto, secret, No 12, dated Saint Jamess, 17th October 1770, by Potter.

No 5.Copy of a Letter from Ditto to Ditto, No 15, dated Saint Jamess, 23d November 1770.

No 6.Copy of a Letter from Ditto to Ditto, No 16, dated Saint Jamess, 28th November 1770,by Lauzun to Paris and by Cottar from thence

No 7. Extract of a Letter from the Earl of Rochford to Mr. Harris, dated Saint Jamess, 21st December 1770, by Otto.

No 8.Copy of a Letter from Ditto to Ditto, dated Saint Jamess, 18th January 1770, without Number.

No 9. Extract of a Letter from Mr. Harris to Lord Viscount Weymouth, No 54, dated Saint Ildefonso 23d August 1770, received 10th September.

No 10. Copy of a Letter from Ditto to Ditto, dated Saint Ildefonfo, 28th September 1770,received 8th october by Potter.

No.11. Copy of Mr. Harriss Letter to Marquis de Grimaldi, dated saint Ildefonso, 25th September 1770.

No 12. Translation of the said Letter.

No 13. Copy of a Letter from Mr. Harris to Lord Viscount Weymouth, No 64, dated Escurial, 7th November 1770; received 19th November, by potter.

No 14. Copy and Translation of Lord Viscount Weymouths Letter to Mr. Harris, No 11, dated Saint Jamess, 17th October 1770, delivered by Mr. Harris to Marquis de Grimaldi.

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

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

He was called in; and delivered at the Bar pursuant to an Address do His Majesty of the 25th Day of January last, Copies and Extracts of Letters, &c. relating to the Dispute about Falkland s Island; together with a List thereof.

And then he withdrew.

The said List was read by the Clerk, as follows:

No 1. Extract of a Letter from Captain Farmer, who commanded His Majestys late Sloop the Swist, to. Mr. Stephens, dated Port Egmont the 5th of March 1770.

No 2. Copy of a Letter from Captain Hunt, Commander of the Tamar Frigate, to Mr. Stephens, dated in Plymouth Sound the 3d of June 1770, enclosing,

No 3. Copy of a Letter from Don Philip Ruiz Puenta to Captain Hunt, dated at the Island of Maluina, the 30th of November 1769.

No 4. Copy of another Letter from Don Philip Ruiz Puenta to Captain Hunt, dated the same Day.

No 5. Copy of a Letter from Captain Hunt to Don Philip Ruiz Puenta, dated Port Egmont the 10th of December 1769.

No 6. Copy of a Protest made by Don Mario Plata in Diamanta Bay, dated the 10th of December 1769.

No 7. Copy of a Letter from Don Philip Ruiz Puenta to Captain Hunt, dated at the Island of Maluina the 12th of December 1769.

No 8. Copy of a Letter from Captain Hunt to Don Philip Ruiz Puenta, dated Port Egmont the 16th December 1769.

No 9. Copy of a Protest made by Don Mario Plata; dated Port Egmont the 18th of December 1760.

No 10. Copy of a Letter from Don Fernando de Rubalcava to Captain Hunt, dated the 20th of February 1770.

No 11. Copy of a Letter from Captain Hunt to Don Fernando de Rubalcava, dated Port Egmont the 20th of February 1776.

No 12. Copy of a Letter from Captain William Maltby of His Majestys Frigate the Favorite, to Mr. Stephens, dated at the Mother Bank the 22d of September 1770, enclosing,

No 13. Copy of a Letter from John Ignacio Madariaga to Captain Maltby, dated in Cruizada Bay the 8th of June 1770.

No 14. Copy of a Letter from Captain Maltby of the Favorite, to the Spanish Commodore, dated Port Egmont the 8th of June 1770

No 15. Copy of a Letter from Captain Maltby to the Spanish Commodore, dated Port Egmont the 9th of June 1770.

No 16. Extract of a Letter from Captain Farmer to Mr. Stephens, dated on Board the Favorite the 22d of September 1770, enclosing,

No 17. Copy of a Letter from the Spanish Commodore John Ignacio Madariaga to Captain Farmer, dated in the Bay of Cruizada the 8th of June 1770.

No 18. Copy of a Letter from Captain Farmer to John Ignacio Madariaga, dated Port Egmont the 8th of June 1770.

No 19. Copy of a Letter from the Spanish Commodore John Ignacio Madariaga to Captains Farmer and Maltby, dated in Cruizada Bay the 9th of June 1770.

No 20. Copy of a Letter from the Spanish Commodore to Captains Farmer and Maltby, of the same Date.

No 21. Copy of a Letter from Captain Farmer to the Spanish Commodore, dated Port Egmont the 9th of June 1770.

No 22. Copy of a List of Officers, Sailors, Marines, Soldiers, Guns and their Calibre, on Board the Frigates of the Squadron under the Command of the Commodore and Major General of the Royal Forces in the Expedition against Port Egmont.

No 23. Copy of the Articles of Capitulation between Captains Farmer and Maltby, Commanders of His Britannick Majestys Forces by Sea and Land, at Port Egmont and Falklands Islands, and Don John Ignacio Madariaga, Major General of the Royal Navy of is Catholic Majesty dated the 10th of June 1770:

No 24. Copy of a Certificate from Juan Baptista Altoloquirre, of the Stores left by the English in Port Egmont, dated the 11th of July 1770.

No 25. Copy of an Account of Stores, Provisions, &c. received from Captain Farmer at Port Egmont by Don Joseph Venez, dated the 11th of July 1770.

No 26. Copy of a Letter from Captain Maltby to Mr. Stephens, dated Portsmouth the 5th of October 1770, enclosing,

No 27. Copy of a Receipt from Don Fernanda de Rubalcava, for Stores had by him for the use of the Saint Catherine Frigate, dated the 20th of June 1770.

No 28. Copy of an Account of Stores received from Captain Maltby by Don Joseph Venez, dated Port Egmont the 11th of July 1770.

No 29. Copy of an Account of Stores received from Captain Maltby by Philip Lopez de Carrizoza, dated Port Egmont the 14th of July 1770.

Ordered That the said Papers do lie on the Table.

Moved, That the said Papers be now read.

The same were accordingly read by the Clerk.

Ordered, That the Declaration signed and delivered by Prince de Massarano the 22d January 1771, and also the Acceptance by the Earl of Rochford, and also these Papers, be taken into Consideration on Thursday Sevennight; and that the Lords be summoned.

Ordered, That all the Lords be summoned td attend the Service of the House Tomorrow:

Motion to expunge an Entry in the Minute Book.

Moved, That the Words Nemine Contradicente, after the Question of Adjournment inserted in the Minutes of Friday last, be expunged:

The same was objected to;

After Debate;

The Question was put thereupon.

It was resolved in the Negative.

Witness, Agents, and Counsel to attend on the Anglesea Claim of Peerage.

Ordered, That Elizabeth Smalley do attend the Committee of Privileges appointed to consider of the Anglesea Claim of Peerage on Wednesday next, and that the Agents and Counsel for the Earl of Anglesea and Lord Mulgrave do then attend.

Knights Divorce Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act to dissolve the Marriage of Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable him to marry again; and for other purposes therein mentioned.

Ordered, That the House be put into a Committee upon the said Bill Tomorrow.

Adjourn

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus:

Die Martis, 5^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Porterfield against Nicolson.

The Answer of Houston Steuart Nicolson Esquire, to the Appeal of Margaret Porterfield alias Steuart Nicolson, Wife of the said Houston Steuart Nicolson Esquire, was this Day brought in.

Knights Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An act to dissolve the Marriage of Henry Knight Esquire, with Catharine Lynch his now Wife, and to enable him to marry again, and for other purposes therein mentioned:

After some Time,the House was resumed.

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

Ordered, That the said Bill be engrossed.

Charteris Petition referred to Judges.

Upon reading the Petition of Francis Charteris Esquire, heretofore called Francis Wemyss, on Behalf of himself and the Heirs of his Body begotten or to be begotten; 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 Smythe, 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.

Underwood and Pybus, Leave for a Bill:

After reading and considering the Report bf the Judges, to whom was referred the Petition of the Reverend Benjamin Underwood Clerk, and John pybus Esquire, praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, An Act for establishing and confirming an Exchange bf a certain Piece of enclosed Land in the Parish of East Barnetty in the County of Hertford and Diocese of London, for other enclosed Land, Parcel of the Globe of the said Parish, pursuant to an Agreement between Benjamin Underwood Clerk, Master of Arts, Rector of the said Parish of East Barnetty and John Pybus Esquire.

Mackenzie ef. al. to take the Name of Godfrey, Bill.

The Lord Viscount Wentworth presented to the House (pursuant to an Order of Leave of Friday last) a Bill, intituled, An Act to enable William Mackenzie, David Gravier, and John Gravier, respectively, and the Heirs Male of their respective Bodies, to take and use the Surname and Arms of Godfrey.

The said Bill was read the first Time.

Ellingtons Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for effectuating a Conveyance of the Real Estates late of John Essington Esquire, deceased, to the Purchasers thereof, under a Decree or Order of the High Court of Chancery.

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

Their Lordships, or any Five of them,to meet on Wednesday the 20th Day of this instant February, at Ten oClock in the Forenoon, in the Princes Lodgings,near the House of Peers 5 and to adjourn as they please.

Bp. of Herefords Estate Bill.

Hodie 2^avice lecta est Billa, intituled, An Act to enable the Bishop of Hereford to exchange certain Lands and premises in the County of Hereford.

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.

Spernal Ash Road Bill.

Hodie 2^avice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act made in the Seventh Year of the Reign of His present Majesty, for repairing and widening the Road from Sternal Ash in the County of Warwick, to a Street called Digbeth, in the Town of Birmingham.

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

Longlands to enter into Recognizance on Campbells et al. Appeal.

The House being moved, That Thomas Longlands Gentleman, may be permitted to enter into a Recognizance for Patrick Campbell of Knap, and others, on account of (fn. 1) his Appeal depending in this House, they residing in Scotland:

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

Cause put off.

Ordered, That the Cause which stands appointed for Tomorrow, be put off till Friday next.

Lord Ducie to take the Name of Moreton, Bill.

Hodie 2^avice lecta est Billa, intituled, An Act to enable the Right Honourable Thomas Lord Ducie, and his Issue, to take the Surname of Moreton, and to bear and use the Arms of Honour of the Right Honourable Matthew Lord Ducie deceased, pursuant to the Will of the said Matthew Lord Ducie.

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

Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.

Minchin et Ux. Petition referred to Judges.

Upon reading the Petition of Humphry Minchin Esquire, and Clarinda his Wife, on Behalf of themselves and their Infant Sons and Daughters; 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 Smythe, 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.

Morden College Bill, the Kings Consent signified to it.

The Earl of Rochford acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for carrying into Execution an Agreement made between Peter Burrell Esquire, Surveyor General of His Majestys Lands, and the Trustees of Morden College, in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill, in the Parish of East Greenwich, in the County of Kent, to the said Trustees upon the Terms mentioned in the said Agreement; and for empowering the said Trustees to increase the Salaries and Pensions of the Treasurer, Chaplain, and Poor Merchants in the said College; was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Then the said Bill was read a Second 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 Thursday next.

Sinclairs Petition, claiming the Earldom of Caithness.

The Earl of Halifax (by His Majestys Command) presented to the House a Petition of William Sinclair of Ratter Esquire, to his Majesty, claiming the Title and Dignity of Earl of Caithness; with His Majestys Reference thereof to this House:

Which Petition and Reference were read by the Clerk, and are as follow; (videlicet,)

To the Kings Most Excellent Majesty.

The humble Petition of William Sinclair of Ratter Esquire,

Sheweth;

That William Sinclair Earl of Orkney, the eldest Son of Henry Earl of Orkney by Ogidia Daughter of William Douglas, Lord Nithsdale and Princess Ogidia Daughter of Ring Robert the Second of Scotland, made a considerable Figure in the Publick Affairs of Scotland during the Reigns of James the Second and James the Third; and in Reward for his Services, or, as some say, in return for his Pretensions to the Lordship of Nithsdale, he obtained from King James the Second; a Grant of the Earldom of Caithness ; but that no Record or other Evidence of the Original Creation is extant, is certified by the proper Officer:

That this William Earl of Orkney and Caithness married, first, Lady Margaret Daughter of Archibald Earl of Douglas, by whom he had One Son William, whose Son Henry, and his Descendants, enjoyed the Title and Dignity of Lord Sinclair for several Centuries, and many of them do yet exist:

That the said William Earl of Orkney and Caithness married for his Second Wife Marjory Sutherland, of which Marriage he had several Sons; and having resigned the Earldom of Caithness, he obtained a new Grant thereof from King James the Third in Favours of William Sinclair, One of hig Sons, by Countess Marjory his Second Wife:

That the said William, in consequence of the aforesaid Resignation and Grant, enjoyed the Title and Dignity of Earl of Caithness, with the other Honours pertaining to the Earldom of Caithness, and was, upon his Decease, succeeded by his Son John the Third Earl of Caithness, who was succeeded by his Son George the Fourth Earl of Caithness:

That this Earl George resigned the Earldom of Caithness into the Hands of Queen Mary, and obtained a new Grant thereof to John Sinclair, commonly stiled John Lord Berriedale, his eldest Son, ac Haredibus suis Masculis et Assignatis tenend. in libero Comitatu et Dominio; and which Charter bears Date the 2d October 1545:

That the said John Lord Berriedale had Three Sons; his eldest Son was George afterwards Fifth Earl of Caithness; his Second Son was Sir James Sinclair of Murkle; and his Third Son was Sir John Sinclair of Greenland, afterwards designed of Ratter: The said George the Fifth Earl had Two Sons, William Lord Berriedale and Francis; William Lord Berriedale died before his Father, leaving One Son, John Sinclair, commonly called Master of Berriedale, who also died before his Grandfather George the Fifth Earl, leaving One Son George who succeeded to his Great grandfather George, and became the Sixth Earl, but died without Issue in 1676; and upon his Death George Sinclair the Son of Francis, who was the Second Son of the above George the Fifth Earl, succeeded to the Dignity of Earl of Caithness, as nearest lawful Heir Male to George the Sixth Earl; and the said George the Seventh Earl having died in 1698 without Issue Male, was succeeded in the Dignity and Peerage by John Sinclair of Murkle, Grandson of the said Sir James Sinclair of Murkle, the Second Son of the aforesaid John Lord Berriedale, as nearest lawful Heir Male to the said George the Seventh Earl:

That John the Eighth Earl died in 1705, and was succeeded in the Dignity and Honours by Alexander his eldest Son the Ninth Earl;and he died in 1765 without Issue Male:

That all the lawful Male Descendants of the said George the Fifth Earl, the eldest Son of the said John Lord Berriedale, did thus fail and become extinct by the Decease of George the Seventh Earl in 1698; and all the lawful Male Descendants of the said Sir James Sinclair of Murkle, the Second Son of the said John Lord Berriedale, did also fail and become extinct upon the Decease of the said Alexander the Ninth Earl in 1765:

That your Petitioner is the nearest Heir Male, in a direct Male Line, to the said Sir John Sinclair of Greenland and Ratter, who was the Third Son of the aforesaid John Lord Berriedale, the eldest Son of the said George the Fourth Earl of Caithness; and having, in that Character, purchased from Your Majestys Chancery in Scotland, a Brieve of Mort Ancestry, your Petitioner, during the Trial that ensued upon that Brieve, brought a clear and satisfactory Proof of his Descent from the said Sir John Sinclair of Ratter, the Great grandfather of his Grandfather, and was, upon 28th November 1768, served nearest lawful Heir Male to the said Alexander Earl of Caithnesswho died in 1765, and which Service is recorded in Your Majestys aforesaid Chancery: And the Petitioner being advised, and humbly conceiving that the Right of succeeding to the Titles, Honours, and Dignities of Earl of Caithness, Lord or Baron of Berriedale, and such other Honours and Dignities as belong to the Family, do, in Law and justice, belong to your Petitioner, as the nearest Heir Male of the said John Lord Berriedale, the eldest Son of the said George Fourth Earl of Caithness, and being ready to make out and prove his said Pedigree and Descent:

Your Petitioner therefore humbly prays Your Most Excellent Majesty will be graciously pleased to establish and declare that the Right of Succession in and to the said Titles, Honours, and Dignities of Earl of Caithness, Lord or Baron of Berriedale, and such other Honours and Dignities as are in the Family, do belong to, and may be enjoyed by, your Petitioner and his Heirs Male.

And your Petitioner shall ever pray, &c.

George Urquhart,

Agent for the Petitioner.

Whitehall, February 5th, 1771.

His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof as to what relates to the Petitioners Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.

Dunk Halifax.

Ordered, That the said Petition and Reference be referred to the Consideration of the Lords Committees for Privileges.

Nicolson against Nicolson.

The House being moved, That a Day may be appointed for hearing the Cause wherein Margaret Porterfield alias Stuart Nicolson is Appellant, and Houston Stuart Nicolson is Respondent:

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on the first vacant Day for Causes After those already appointed.

Motion for Questions of Law relating to Falklands Island to be put to the Judges.

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

Moved, That the following Question be put to the Judges:

Whether, in consideration of Law, the Imperial Crown of this Realm can hold any Territories or Possessions thereunto belonging, otherwise than in Sovereignty ?

Which being objected to:

After Debate;

The Question was put thereupon.

It was resolved in the Negative.

Then it was moved, That this Question be put to the Judges:

Whether the Declaration or Instrument for Restitution of the Port and Fort called Egmont, to be made by the Catholic King to His Majesty, under a Reservation of disputed Right of Sovereignty, expressed in the very Declaration or Instrument stipulating such Restitution, can be accepted or carried into Execution without derogating from the Maxim of Law before referred to, touching the inherent and essential Dignity of the Crown of Great Britain?

Which being objected to:

The Question was put thereupon.

It was resolved in the Negative.

Lords summoned.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliament tum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

4^oDie Mail 1786.

Hitherto examined by us,

Morton.

Moray.

Hopetoun.

John Bangor.

Camelford.

Die Mercurii, 6^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

Knights Divorce Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Henry Knight Esquire with Catharine Lynch his now Wife, and to enable him to marry again; and for other purposes therein mentioned.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to M. C. with it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Browning:

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

Selkirk Road Bill.

Hodie 2^avice lecta est Billa, intituled An Act for enlarging the Term and Powers of an act made in the Eighth Year of the Reign of His present Majesty intituled, An Act for repairing several Roads leading through the County of Selkirk.

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

Their Lordships, of any Five of them, to meet To-morrow, at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

Sir John Shelleys and Sons Petition referred to Judges.

Upon reading the Petition of Sir John Shelly Baroliet, and of the Right Honourable John Shelly his only Son; 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 Smythe, 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.

Underwoods Bill:

Hodie 2^a vice lecta est Billa, intituled, An Act for establishing and confirming an Exchange of a certain Piece of enclosed Land in the Parish of East Barnet in the County of Hertford and Diocese of London, for other enclosed Land, Parcel of the Glebe of the said Parish, pursuant to an Agreement between Benjamin Underwood Clerk, Master of Arts, Rector of the said Parish of East Barnet, and John Pybus Esquire.

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 Thursday the 31st Day of this instant February, at the usual Time and Place; and to adjourn as they please.

Judah against Watson et al.

Upon reading the Petition of Brook Watson and others Defendants in a Writ of Error depending in this House, wherein Uriah Judah is Plaintiff; setting forth, That the Plaintiff hath not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writ of Error may be Non-prosd with such Costs as to their Lordships shall seem meet:

Writ of Error Non-prosd, with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of Kings 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 said Defendants, the Sum of Twenty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Sir Henry Harpur et Ux. Petition referred to Judges.

Upon reading the Petition of Sir Henry Harpur Baronet, and the Right Honourable Lady Frances Elizabeth Harpur, Wife of the said Sir Henry Harpur, on Behalf of themselves and of Henry Harpur their Son and only Child, an Infant; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, that the Consideration of the said Petition be, and is hereby referred to the Lord Chief justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, who are forthwith to summon all Parties concerned in the Bill; and, Afterhearing 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.

Mackenzie and Graviers to take the name of Godfrey, Bill.

Hodie 2^avice lecta est Billa, intituled, An Act to enable William Mackenzie, David Gravier, and John Gravier, respectively, and the Heirs Male of their respective Bodies, to take and use the Surname and Arms of Godfrey.

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.

Theobalds Petition referred to Judges.

Upon reading the Petition of James Theobald of Waltham Place in the County of Berks, Esquire; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Causes put off.

Ordered, That the Cause which stands appointed for Friday next, be put off to Monday next; and that the other Causes be removed in course.

Adjourn.

Dominus Cancellarius declaravit prasens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 8^o Februarii 1771.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Cusak et Ux against Gilbert.

The Answer of Robert Gilbert to the Appeal of James Cusack and Angelina his Wife, was this Day brought in.

Bp. of Ely takes the Oaths.

Edmund Lord Bishop of Ely took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Selkirk Road Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, An act for enlarging the Term and Powers of an act made in the Eighth Year of the Reign of His present Majesty, intituled, An act for repairing several Roads leading through the County of Selkirk, 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.

Lord Ducie to take the Name of Moreton,Bill:

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, An act to enable the Right Honourable Thomas Lord Ducie and His Issue to take the Surname of Moreton, and to bear and use the Arms of Honour of the Right Honourable Matthew Lord Ducie deceased, pursuant to the Will of the said Matthew Lord Ducie, was committed.

Ordered, That the said Bill be engrossed.

Spernal Ash Road Bill.

The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of an act made in the Seventh Year of the Reign of His present Majesty for repairing and widening the Road from Spernal Ash in the County of Warwick, to a Street called Digbeth in the Town of Birmingham, was committed.

Aylesbury Enclosure Bill.

The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, An act for dividing and enclosing the Open and Common Fields within the Township and Liberties of Aylesbury in the County of Bucks, 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.

Baldwins Petition referred to Judges.

Upon reading the Petition of Charles Baldwin of Aqualate in the County of Stafford Esquire; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Nares, who are forthwith to summon all Parties concerned in the Bill; and, After hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who maybe 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. Scarbrough et Ux. Petition referred to Judge.

Upon reading the Petition of the Right Honourable Richard Earl of Scarbrough, and the Right Honourable Barbara Countess of Scarbrough his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Burch and Blakes Petition referred to Judges.

Upon reading the Petition of Edward Burch Rector of the Parish Church of Langham in the County of Suffolk, and of Patrick Blake Esquire, of Langham aforesaid; 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 Adams, who are forthwith to summon all Parties concerned in the Bill; and, Afterhearing 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.

Underwoods Bill: Kings Consent signified to it.

The Earl of Halifax acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for establishing and confirming an Exchange of a certain Piece of enclosed Land, in the Parish of East Barnet in the County of Hertford and Diocese of London, for other enclosed Land, Parcel of the Glebe of the said Parish, pursuant to an Agreement between Benjamin Underwood Clerk, Master of Arts, Rector of the said Parish of East Barnet, and John Pybus Esquire, was pleased to consent (as far as His Majestys Interest is concerned), that their Lordships may proceed therein as they shall think fit.

Maddocks Petition referred to Judges.

Upon reading the Petition of Charlotte Maddock, the Widow, Relict, and Administratrix of Richard Maddock, late of the Inner Temple, London, Gentleman, deceased; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Adams, 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 Booth Williams and Mr. Williamss Petition referred to Judges.

Upon reading the Petition of Sir Booth Williams, of Ham in the County of Surry, Baronet, and William Peere Williams, of the Parish of Saint James within the Liberty of Westminster, in the County of Middlesex, Esquire; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, 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.

Herbert, for a Bill to exemplify the Will of More.

Upon reading the Petition of Thomas Herbert of John Street, in the Parish of St. Andrew Holborn, Esquire; praying Leave to bring in a Bill for exemplifying. or enrolling the Will of Charles Macarthy More, and making the same, or a true Copy thereof, Evidence in Great Britain and Ireland, in such Manner as to their Lordships, in their great Wisdom, shall seem meet:

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

Bullock et. Ux. Petition referred to Judges.

Upon reading the Petition of Joseph Bullock of Caversfield, in the County of Bucks, Esquire, and Anne his Wife; praying Leave to bring in a Bill for the purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. justice Ashurst, 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.

Petition of Sir Robert Gordon to put off the Sitting of Committee of Privileges on the Sutherland Claim of Peerage, rejected.

A Petition of Sir Robert Gordon Baronet, was presented, and read; setting forth, That Monday the 28th of January the Petitioner humbly applied to their Lordships for putting ofF the Hearing of the several Petitions respecting the Peerage of Sutherland, which then stood appointed for next Monday the 4th of February, for three Weeks further, to give the Petitioner Time for completing his Examination of the References to the Records, and other public Memorials in the Claimant Lady Elizabeths additional Case; and their Lordships were pleased to put off the Hearing only for One Week farther, that is, to Monday Sevennight; that the Person in Scotland who has the Conduct of this Examination on the Part of the Petitioner being unable to complete, arrange, and bring up the Discoveries fo as to have the same perused by Counsel and laid before their Lordships on the Day now appointed for the Hearing, or earlier than a Fortnight after; and as a Witness was examined at their Lordships Bar last Monday on the Part of the Petitioner, who gave Evidence of Mistakes in general already discovered in the stating of the Proofs referred to by Lady Elizabeth in such additional Case; and therefore praying their Lordships to put off the Hearing before the Lords Committees of the several Petitions relating to this Peerage for a Fortnight after the Day on which it now stands appointed.

Then it was Moved, That the said Petition be rejected.

The same was agreed to, and ordered accordingly.

Governor and Company of the Bank of England, Petition referred to Judges.

Upon reading the Petition of the Governor and Company of the Bank of England; 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 Smythe, 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.

Russells Petition referred to Judges.

Upon reading the Petition of William Russell of the City of London, 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. Baron Adams, 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.

Corsellis Petition referred to Judges.

Upon reading the Petition of Nicholas Corsellis of Wivenhoe Hall in the County of Essex Esquire, the Eldest Son of Nicholas Corsellis late of Wivenhoe Hall aforesaid Esquire, deceased, on Behalf of himself and of Nicholas Corsellis the Younger, Joseph Goodall Corsellis, Frances Corsellis, Frederick Corsellis, and Caesar Corsellis, his Children, who are all Infants, and of Nicholas Caesar Corsellis of Woodford in the said County of Essex Esquire, the youngest Son of the said Nicholas Corsellis deceased; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr Baron Smythe, 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.

Noverre for a Naturalization Bill:

Upon reading the Petition of Augustin Noverre of Surrey Street in the Strand, in the County of Middlesex, Gentleman; praying Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, the Lord Viscount Wentworth presented to the House a Bill, intituled, An Act for naturalizing Augustin Noverre

The said Bill was read the first Time.

Morden College Bill, Committee revived.

Ordered, That the Committee of the whole House upon the Bill, intituled, An Act for carrying into Execution an Agreement made between Peter Burrell Esquire, Surveyor General of His Majestys Lands, and the Trustees of Morden College in the County of Kent, for enabling His Majesty, His Heirs and Successors, to grant Leases of Maidenstone Hill in the Parish of East Greenwich in the County of Kent, to the said Trustees, upon the Terms mentioned in the said Agreement; and for empowering the said Trustees to increase the Salaries and Pensions of the Treasurer, Chaplain, and Poor Merchants in the said College, be revived and meet on Monday next.

Whitchurch Enclosure Bill.

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

With a Bill, intituled, An act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Grounds, and Commonable Lands, within the Parish of Whitchurch, in the County of Bucks; to which they desire the Concurrence of this House.

The said Bill was read the first Time.

Isdall against Fitzgerald; Pleadings proved.

The House being informed, That Robert Atwell attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Oliver Isdallis Appellant, and Oliver Fitzgerald 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.

Birmingham Canal Bill.

A Message was brought from the House of Commons, by the Lord Beauchamp and others:

With a Bill, intituled, An Act to oblige the Company of Proprietors of the Birmingham Canal Navigation to complete the said Canal to a Field called Newhall Ring, adjoining to the Town of Birmingham in the County of Warwick, within a limited Time, and to maintain and keep the same free and open for the Passage of Boats; Barges, and other Vessels; to which they desire the Concurrence of this House.

The said Bill was read the first Time.

Nicolson against Nicolson, Petition of Appellant for Money to be paid her by her Husband to prosecute her Appeal.

A Petition of Margaret the Wife of Houston Steuart Nicolson Esquire, Appellant in a Cause depending in this House, to which the said Houston Steuart Nicolson is Respondent, was presented and read; setting forth, That the Petitioner, by Advice of her Counsel in the Court of Session, has brought an Appeal to their Lordships against certain Interlocutory Orders of the Commissaries of Edinburgh, and of the Court of Session in Scotland, admitting as Witnesses against her, on Behalf of the Respondent, (in an Action of Divorce brought against her by the Respondent,) Two Persons who, as she has been advised, ought not to have been received; and the Petitioner having been now almost Eighteen Months separated from the Respondent and in that Time only received Two hundred Pounds towards the Maintainance of herself and Child (lately dead), and for carrying on an expensive Law Suit, she is unable to prosecute her said Appeal without a Supply of Money from the Respondent; and as the Respondents Agent had early Notice of this Inability, and has refused to advance her any Money, the Petitioner humbly prays their Lordships to put off the Hearing of this Cause until the Respondent shall have supplied the Appellant with Money to enable her to carry it on; and for farther Time afterwards as may appear to their Lordships necessary for preparing for the Hearing.

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 until the Respondent shall have paid into the Hands of the Appellants Agent Fifty Pounds, in order to enable her to carry on her said Appeal.

Pomfret for a Divorce Bill.

Upon reading the Petition of Simon Pomfret of Blackwall, in the Parish of Saint Dunstan Stepney, in the County of Middlesex, praying Leave to bring in a Bill to dissolve his Marriage with Sarah his now Wife, and to enable him to marry again; and for other purposes therein mentioned:

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

Motion for an Address for Papers relating to the First taking Possession of Falklands Island.

The Order of the Day being read for the Lords to be summoned Moved, That an humble Address be presented to His Majesty, to desire He will be graciously pleased to give Directions that there may be laid before this House, Copies of all the Orders and Instructions which were given to the Officer who first took Possession, in His Majestys Name, of Falklands Island; and to all Commanders of such of His Majestys Ships or Vessels, as were employed at the said Island during the whole Time the same was in the Possession of the Crown of Great Britain, as far as such Orders and Instructions relate to Falklands Island only.

Which being objected to:

After Debate;

The Question was put thereupon.

It was resolved in the Negative.

Lords summoned.

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

Sinclair et al. against Sir William Dunbar.

Upon reading the Petition and Appeal of John Sinclair Esquire of Freswick, Sheriff Depute of the County of Caithness, and of John Macbeath Servant, to the said John Sinclair Esquire, and William Thomson Skipper of a Boat at Dunbeath, Tenant to the said John Sinclair Esquire, complaining of Parts of Two Interlocutors of the Lords of Session in Scotland, of the 30th of June, 2d of August 1770, and also of an Interlocutor of the 31st of January 1771; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir William Dunbar of Hempriggs Baronet, and the other Defenders in the said Actions, may be required to answer the said Appeal:

It is Ordered, That the said Sir William Dunbar and the said other Defenders may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 8th Day of March next; and Service of this Order upon the said Respondents, or upon their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Causes put off

Ordered, That the Cause which stands appointed for Monday next be put off to Friday next; and that the other Causes be removed in course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lunae, undecimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.