Journal of the House of Lords Volume 34, 1774-1776. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 34: January 1774', in Journal of the House of Lords Volume 34, 1774-1776( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol34/pp3-16 [accessed 22 December 2024].
'House of Lords Journal Volume 34: January 1774', in Journal of the House of Lords Volume 34, 1774-1776( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol34/pp3-16.
"House of Lords Journal Volume 34: January 1774". Journal of the House of Lords Volume 34, 1774-1776. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol34/pp3-16.
In this section
Anno 14o Georgii Tertii.
Die Jovis, 13o Januarii, 1774, Annoque Regni Serenissimi Domini Nostri George Tertii, Dei Gratia, Magn Britanni, Franci, & Hibni Regis, Fidei Defensoris, &c. Decimo Quarto; in quem Diem hc Septima Sessio Parliamenti, per separalia Adjournamenta & Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magn Britanni apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & prsentes fuerunt:
R E X
Archiep. Cantuar. | Dux Gloucester. | Ds. Le Despencer. |
Ds. Willoughby Br. | ||
Epus. Duresm. | Ds. Apsley, Cancellarius. | Ds. Paget. |
Epus. Eliens. | Ds. Cathcart. | |
Epus. Wigorn. | (fn. 1) Comes Gower, Prses. | Ds. Trevor. |
Epus. Norvicen. | Ds. Cadogan. | |
Epus. Bangor. | Dux Grafton, C. P. S. | Ds. Godolphin. |
Epus. Lincoln. | Ds. Montfort. | |
Epus. Meneven. | Dux St. Albans. | Ds. Edgecumbe. |
Epus. Carliol.. | Dux Bolton. | Ds. Sandys. |
Epus. Landaven. | Dux Ancaster, Magnus Camerarius. | Ds. Bruce. |
Epus. Cestrien. | Ds. Hyde. | |
Epus. Litch. & Cov. | Dux Manchester. | Ds. Lyttelton. |
Dux Chandos. | Ds. Wycombe. | |
Comes Talbot, Senescallus. | Ds. Boston. | |
Ds. Pelham. | ||
Comes Hertford, Camerarius. | Ds. Beaulieu. | |
Ds. Sundridge. | ||
Comes Suffolk. | ||
Comes Sandwich. | ||
Comes Essex. | ||
Comes Holdernesse. | ||
Comes Plymouth. | ||
Comes Scarbrough. | ||
Comes Rochford. | ||
Comes Jersey. | ||
Comes Abercorn. | ||
Comes March. | ||
Comes Marchmont. | ||
Comes Dartmouth. | ||
Comes Sussex. | ||
Comes Macclesfield. | ||
Comes Pomfret. | ||
Comes Waldegrave. | ||
Comes Brooke. | ||
Comes Bucks. | ||
Comes Egremont. | ||
Comes Hardwicke. | ||
Comes Northington. | ||
Comes Spencer. | ||
Comes Hillsborough. | ||
Viscount Townshend. | ||
Viscount Weymouth. | ||
Viscount Bolingbroke. | ||
Viscount Falmouth. |
King present.
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod, to let the Commons know, It is His Majestys Pleasure, they attend Him immediately, in this House.
Who being come, with their Speaker; His Majesty was pleased to say.
My Lords, and Gentlemen,
His Majestys Speech.
The unusual Length of the last Session of Parliament made Me desirous of giving you as long a Recess as the Publick Service would admit. I have therefore been glad to find Myself under no Necessity of calling you from your respective Counties at an earlier Season; and I doubt not but you are now met together in the best Disposition for applying yourselves to the Dispatch of the Publick Business.
You will, I am persuaded, agree with Me in regretting that the Peace, so long expected, and so very desirable, is not yet effected between Russia and the Porte; but it is with real Satisfaction I can repeat, that other Foreign Powers continue still to have the same Pacifick Dispositions with Myself. I can have no other Wish than to see the General Tranquillity restored, for the Establishment and subsequent Preservation of which no Endeavours of Mine, consistent with the Honour of My Crown, and the Interests of My People, shall ever be wanting.
In this State of Foreign Affairs you will have full Leisure to attend to the Improvement of Our internal and domestick Situation; and to the Prosecution of Measures more immediately respecting the Preservation and Advancement of the Revenue and Commerce of the Kingdom. Among the Objects which, in this View, will come under your Consideration, none can better deserve your Attention than the State of the Gold Coin, which I must recommend to you in a more particular Manner, as well on Account of its very high Importance, as of the peculiar Advantages which the present Time affords for executing, with Success, such Measures as you may find it expedient to adopt with respect to this great National Concern. The Degree of Diminution which that Coin had actually suffered, and the very rapid Progress which the Mischief was daily making, were truly alarming: It is with much Satisfaction that I have seen the Evil in a great Measure checked by the Regulations made in the last Session of Parliament. I trust, however, that you will not stop here, nor think that you have discharged your Duty, either to your Country or your Fellow Subjects, without using your best Endeavours for putting the Gold Coin upon such a Footing as may not only completely remove the present Grievance, but render the Credit and Commerce of the Kingdom sufficiently secure from being again exposed to the like Danger.
Gentlemen of the House of Commons,
I have ordered the proper Estimates for the current Year to be laid before you; and rely on your Readiness to grant Me such Supplies as shall be found requisite in the present Situation of Affairs.
My Lords, and Gentlemen,
The Experience I have had of your past Conduct leaves Me no Room to doubt either of your Zeal or Prudence. In your Endeavours to promote the Welfare of your Country you will not suffer any Parts of the Publick Service to escape your Attention, but, various and extensive as those are, you will be careful to select, for your immediate Deliberation, such of them as shall appear to be most important; and you can propose no Measures that will serve either to secure or advance the Happiness and Prosperity of My People, in which you may not always depend on My most hearty Concurrence.
Then His Majesty was pleased to retire;
And the Commons withdrew.
The House was adjourned during Pleasure to unrobe.
The House was resumed.
PRAYERS.
Pedigrees delivered.
Garter King at Arms delivered in, at the Table, the Pedigrees of George Earl Brooke and Thomas Lord Lyttelton:
E. Brooke and L. Lyttleton take their Seat.
This Day George Earl Brooke sat first in Parliament, after the Death of his Father Francis Earl Brooke:
His Lordship having first at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
This Day Thomas Lord Lyttelton sat first in Parliament, after the Death of his Father George Lord Lyttelton:
His Lordship having first at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bill pro forms read.
Hodie 1a vice lecta est Billa, intituled, An Act for the better regulating Select Vestries.
Kings Speech reported.
The Lord Chancellor reported His Majestys Speech:
And the same being read by the Clerk;
Order for an Address.
Ordered, That an humble Address be presented His Majesty, To return His Majesty the Thanks of this House for His Most Gracious Speech from the Throne.
To acknowledge that we are truly sensible of His Majestys Goodness in having granted us as long a Recess as the Publick Service would admit.
To express our Concern that the Peace so long expected, and so very desirable, is not yet concluded between Russia and the Porte; to declare at the same Time the great Satisfaction we feel on hearing of the Continuance of the Pacifick Dispositions of other Foreign Powers; and to return our sincerest Thanks for His Majestys most Gracious Declaration that no Endeavours shall be wanting, on His Part, consistent with the Dignity of His Crown, and the Interests of His People, towards the Establishment and subsequent Preservation of the Publick Tranquillity.
To assure His Majesty of the just Sense we entertain of His Majestys Paternal Care in recommending to His Parliament to make the proper Use of this Season of Tranquillity for improving the Commerce and Revenue of His Kingdom, and particularly in pointing out to us the Necessity, as well as the great National Advantage, of putting the Gold Coin on such a Footing as may completely remove the present Grievance, and secure the Credit and Commerce of the Kingdom from being again exposed to the like Danger: That the Wisdom and Goodness of His Majesty on this Occasion appear in so conspicuous a Light, as cannot fail to fill our Minds with the deepest Gratitude, and raise in us the strongest Desire of employing our utmost Efforts for such salutary Purposes.
That, animated with every Sentiment of Duty to His Majesty, and Zeal for the Publick Welfare, we will take under our most serious Consideration the important Objects to which His Majesty has graciously directed our Attention.
The Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet),
Their Lordships, or any Five of them, to meet immediately in the Princes Lodgings near the House of Peers; and to adjourn as they please.
The House was adjourned during Pleasure; and the Committee withdrew to prepare the Address.
After some Time the House was resumed;
Address reported.
And the Earl of Northington reported from the Committee an Address drawn by them as follows; (videlicet),
Most Gracious Sovereign,
We, Your Majestys most dutiful and loyal Subjects, the Lords Spiritual and Temporal, in Parliament assembled, return Your Majesty our humble Thanks for Your Most Gracious Speech from the Throne.
We are truly sensible of Your Majestys Goodness in having granted us as long a Recess from Business as the Publick Service would admit.
We cannot but express our Concern that the Peace so long expected, and so very desirable, is not yet concluded between Russia and the Porte: It gives us, however, great Satisfaction to hear of the Continuance of the Pacifick Dispositions of other Foreign Powers; and we humbly beg Leave to return Your Majesty our sincerest Thanks for Your Majestys Most Gracious Declaration, that no Endeavours shall be wanting on Your Part, consistent with the Honour of Your Crown, and the Interests of Your People, towards the Establishment and subsequent Preservation of the Publick Tranquillity.
Your Majesty may be assured, that we entertain the justest Sense of Your Majestys Paternal Care in recommending to Your Parliament to make use of this Season of Tranquillity for improving the Commerce and Revenue of the Kingdom, and in pointing out to us particularly the Necessity, and great National Advantage of putting the Gold Coin on such a Footing, as may completely remove the present Grievance, and secure the Credit and Commerce of the Kingdom from being again exposed to the like Danger: The Wisdom and Goodness of Your Majesty on this Occasion appear in so conspicuous a Light, as cannot fail to fill our Minds with the deepest Gratitude, and raise in us the strongest Desire of employing our utmost Efforts for such salutary Purposes.
Animated with every Sentiment of Duty to Your Majesty, and Zeal for the Publick Welfare, we will take under our most serious Consideration the important Objects to which Your Majesty has directed our Attention.
Which Address being read by the Clerk, was agreed to by the House.
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will please to appoint to be attended therewith.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of this House, and Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.
Their Lordships, or any Seven of them, to meet on Monday next, at Ten oClock, in the House of Peers, and every Monday after; and to adjourn as they please.
Committee for the Journals.
Lords Sub-committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journals of this and former Sessions of Parliament.
Their Lordships, or any Three of them, to meet when, where, and as often as they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, That there is such an Interruption by Hackney Coaches, Carts, and Drays, in the Streets and Passages leading to this House, that the Lords and others are frequently hindered from coming thereto:
It is thereupon Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace of the said City, shall, by their strict Care and Directions to the Constables and other Officers within their Jurisdiction, take special Order, That no empty Hackney Coaches be suffered to make any Stay between Whitehall and the End of Abingdon Street in Westminster, from Twelve of the Clock at Noon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to stop in the Streets and Passages between the End of Market Lane in Pall Mall, and the End of Abingdon Street between the Hours aforesaid; or to pass through the Old Palace Yard from One of the Clock in the Afternoon, until One Hour after the Rising of this House, during the Sitting of this Parliament; and that all Carriages, Drays, or Carts, hereby permitted to pass through the said Streets and Passages, be obliged to go One after another, in the Manner following; (that is to say), All Carriages, Drays, or Carts, going towards Westminster, to keep on the Side of the Street or Passage next to Saint Jamess Park; and all those going the contrary Way, to keep on the other Side of the Street; and upon no Account whatsoever to presume to go Two or more a-breast, during the Sitting of this Parliament; and herein special Care is to be taken by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminister, be served with the Order of this House, made this Day, for the Purposes aforesaid.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem, instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 14o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
Epus. Litch. & Cov. | Ds. Apsley, Cancellarius. | Ds. Willoughby Br. |
Ds. Sandys. | ||
Comes Hertford, Camerarius. | Ds. Boston. | |
Comes Plymouth. | ||
Comes Abercorn. | ||
Comes Marchmont. |
PRAYERS.
Blewett against Millett.
The Answer of Humphry Millett to the Appeal of John Blewett was this Day brought in.
His Majesty to be attended with the Address.
The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day at Two oClock, at His Palace of St. James.
Jones against Mayne, Writ of Error.
The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein John Jones Lessee of Samuel Mayne is Plaintiff, and Edward Mayne Esquire is Defendant:
It is Ordered, That this House will hear the said Errors argued by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Commons against Marshall, Writ of Error.
The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein John Commons Lessee of the Right Honourable John Lord Viscount Netterville is Plaintiff, and John Marshall Esquire is Defendant:
It is Ordered, That this House will hear the said Errors argued by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Blewett against Millet.
The House being moved, That a Day may be appointed for hearing the Cause wherein John Blewett is Appellant, and Humphry Millett 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.
Stafford et al. Petition referred to Judges.
Upon reading the Petition of Catherine Stafford Widow, (Relict and Administratrix of the Goods, Chattels, and Credits, both of Robert Stafford the Elder, late of Bideford in the County of Devon Merchant deceased, and Administratrix of her Son Robert Stafford the Younger, also deceased); and also of Florence Stafford Widow, (Relict and Administratrix of the Goods, Chattels, and Credits, of John Stafford late of Bideford aforesaid deceased); Thomas Stafford, Catherine Stafford the Younger, and Mary Stafford, which said John Stafford was, and the said Thomas, Catherine, and Mary, are Three of the Children of the said Robert and Catherine Stafford; and also of John Benson and Peter Benson, the Two only Sons of Thomas Benson, late of Northam in the County of Devon 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 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.
D. Roxburgh et al. against E. Home et al.
Upon reading the Petition and Appeal of His Grace John Duke of Roxburgh, Thomas Lillie Tacksman (i.e. Lessee) of His Graces Fishings in the River Tweed at Kelso, and William Mitchell Tacksman of the Fishings at Mackerstoun, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 29th of June and 25th of November 1768; and also of an Interlocutor of the Lord Ordinary thereof the 23d of December 1768; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Alexander Earl of Home and William Turner his Lessee, Charles Earl of Tankerville and David Erskine his Attorney, may be required to answer the said Appeal:
It is Ordered, That the said Alexander Earl of Home, William Turner his Lessee, Charles Earl of Tankerville and David Erskine his Attorney, 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 11th Day of February next; and Service of this Order upon the said Respondents, or their known Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.
L. Provost of Edinburgh et al. against Cleland and Ferguson.
Upon reading the Petition and Appeal of the Right Honourable Gilbert Laurie, Lord Provost of the City of Edinburgh and others, the Governors of the Hospital founded within that City by the deceased George Herriot Jeweller, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 30th of July, and 23d of November 1773; and Praying That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Cleland Gardener, and Walter Ferguson Writer in Edinburgh, may be required to answer the said Appeal:
It is Ordered, That the said John Cleland Gardener and Walter Ferguson 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 11th Day of February next; and Service of this Order upon the said Respondents, or their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.
Darley against Langworthy.
Upon reading the Petition and Appeal of Elizabeth Darley, complaining of Part of a Decree of the Court of Chancery of the 21st of November 1767; and also of Part of another Decree of the said Court of the 29th of April 1769; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Vincent Langworthy may be required to answer the said Appeal:
It is Ordered, That the said George Vincent Langworthy may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Friday the 28th of this instant January.
Fitz Edward against Ryves et al.
Upon reading the Petition and Appeal of Robert Ryves Fitz Edward, complaining of an Order of Dismission of the Court of Exchequer in Ireland of the 2d Day of March 1772; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Ryves and Richard Maunsell and William Ryves, the other Defendants to the Petitioners Bill, may be required to answer the said Appeal:
It is Ordered, That the said William Ryves and Richard Maunsell and William Ryves, 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 18th Day of February next; and Service of this Order on the said Respondents, or upon their Clerk in Court, in the said Court of Exchequer in Ireland, shall be deemed good Service.
Dillon against Dillon, Pleadings proved.
The House being informed, That Henry Baker Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings, in a Cause depending in this House, wherein Luke Dillon, Esquire is Appellant, and Jane Dillon 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.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum septimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 17o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
Epus. Cestrien. | Ds. Apsley, Cancellarius. | Ds. Boston. |
Epus. Litch. & Cov. | ||
Dux Chandos. | ||
Comes Suffolk. | ||
Comes Abercorn. | ||
Comes Marchmont. |
PRAYERS.
Hamilton & Co. against Wilson & Co.
The Answer of James Wilson and Company of the Woollen Manufacture at Kilmarnock, to the Appeal of Malcolm Hamilton and Company Merchants in London, was this Day brought in:
Heron against Heron.
As was also, The Answer of Doctor Andrew Heron of Bergaly, to the Appeal of Patrick Heron of Heron, Esquire:
L. Provost of Edinburgh & al. against Cleland & Ferguson.
And also, The Answer of John Cleland and Walter Ferguson, to the Appeal of the Right Honourable Gilbert Laurie, Lord Provost of the City of Edinburgh, and others, the Governors of the Hospital founded in that City by the deceased George Herriot Jeweller.
His Majestys Answer to Address reported.
The Lord Chancellor reported, That the House did, on Friday last, present their Address to His Majesty, to which His Majesty was pleased to return the following Most Gracious Answer; (videlicet),
My Lords,
I thank you for this Loyal Address.
Nothing can give me greater Satisfaction than these Assurances of your Duty and Affection.
You may always depend upon My hearty Concurrence in every Measure that contributes to the Improvement of Commerce, and the true Interest and Prosperity of My People.
Ordered, That the said Address, together with His Majestys Most Gracious Answer thereto, be forthwith printed and published.
Jones et Ux. against Morgan et al.
Upon reading the Petition and Appeal of William Jones Esquire and Elizabeth his Wife, (late Elizabeth Morgan), complaining of Part of an Order of the Court of Chancery, of the 23d of July 1773; 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 Charles Morgan Esquire, John Morgan Esquire, the Most Noble John Duke of Rutland, Lord Frederick Cavendish, Lord George Cavendish, and Lord John Cavendish, may be required to answer the said Appeal:
It is Ordered, That the said Charles Morgan Esquire, John Morgan Esquire, John Duke of Rutland, Lord Frederick Cavendish, Lord George Cavendish, and Lord John Cavendish, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 31st of this instant January.
Heron against Heron, Cross Appeal.
Upon reading the Petition and Cross Appeal of Doctor Andrew Heron of Bargaly Physician, complaining of. certain Parts of Four Interlocutors of the Lords of Session in Scotland, of the 16th and 19th of December 1772, and 26th of January and 6th of March 1773; and also of Part of an Interlocutor of the Lord Ordinary there of the 11th of March 1773; and praying, That the same may be reversed, varied, or amended, in so far as the same are complained of, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Patrick Heron Esquire may be required to answer the said Appeal:
It is Ordered, That the said Patrick Heron may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 14th Day of February next; and Service of this Order upon any One of his known Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.
Mackenzie to enter into Recognizance on D. Roxburghs et al. Appeal.
The House being moved, That Kenneth Mackenzie of Wigmore Street, Cavendish Square, Gentleman, may be permitted to enter into a Recognizance for John Duke of Roxburgh and others, on Account of their Appeal depending in this House, they residing in Scotland:
It is Ordered, That the said Kenneth Mackenzie may enter into a Recognizance for the said Appellants, as desired.
Longlands to enter into Recognizance on L. Provost of Edinburgh et al. Appeal.
The House being moved, That Thomas Longlands Gentleman may be permitted to enter into a Recognizance for the Right Honourable Gilbert Laurie, Lord Provost of the City of Edinburgh, and others, on Account of their 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.
Duck to enter into Recognizance on Darleys Appeal.
The House being moved, That Thomas Duck of Grays Inn Gentleman may be permitted to enter into a Recognizance for Elizabeth Darley, on Account of her Appeal depending in this House, she residing in the Country:
It is Ordered, That the said Thomas Duck may enter into a Recognizance for the said Appellant, as desired.
L. Provost of Edinburgh & al. against Cleland & Ferguson.
The House being moved, That a Day may be appointed for hearing the Cause wherein the Right Honourable Gilbert Laurie, Lord Provost of the City of Edinburgh, and others, are Appellants; and John Cleland Gardener and Walter Ferguson Writer; in Edinburgh, are Respondents:
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.
Hamilton and Co. against Wilson and Co.
The House being moved, That a Day may be appointed for hearing the Cause wherein Malcolm Hamilton and Company, Merchants, are Appellants; and James Wilson and Company are Respondents:
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.
Heron against Heron, et econ.
The House being moved, That a Day may be appointed for hearing the Cause wherein Patrick Heron, of Heron, Esquire is Appellant; and Doctor Andrew Heron of Bergaly is Respondent, et e contra:
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.
Petitions for Private Bill, Time limited for receiving.
Ordered, That this House will not receive any Petition for a Private Bill after Tuesday the 1st Day of March next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 19o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Stephen et al. against Duff et al.
The Answer of John Duff and others, to the Appeal of Thomas Stephen and others, was this Day brought in:
Boyd against Russell.
As was also, the Answer of John Russell, of Todsbughts, Esquire, to the Appeal of John Boyd of Westergreenridge.
Davison against E. Bute et al.
Upon reading the Petition and Appeal of Morton Davison Esquire, complaining of Part of a Decree of the Court of Chancery of the 9th Day, of December 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom shall seem meet; and that John Earl of Bute, Henry Lord Ravensworth, John Earl of Strathmore, Mary Eleanor Countess of Strathmore, John Lord Glamis, and Mary Bowes, may be required to answer the said Appeal:
It is Ordered, That the said John Earl of Bute, 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 Wednesday the 2d Day of February next.
Wauchope against M. Dowall et al.
Upon reading the Petition and Appeal of Andrew Wauchope Esquire of Niddrie, complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland, of the 9th of December 1773; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Captain John McDowall, Sir Archibald Hope, and John Wauchope, may be required to answer the said Appeal:
It is Ordered, That the said Captain John MDowall, Sir Archibald Hope, and John Wauchope, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 16th Day of February next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Counsel, in the said Court of Session in Scotland, shall be deemed good Service.
Wilson to enter into Recognizance on Jones et Ux. Appeal.
The House being moved, That George Wilson of Symonds Inn may be permitted to enter into a Recognizance for William Jones Esquire, and Elizabeth his Wife, on Account of their Appeal depending in this House, they residing in the Country:
It is Ordered, That the said George Wilson may enter into a Recognizance for the said Appellants, as desired.
E. Home et al. against Lillie et al.
The House being informed, That Thomas Lillie and others, Respondents to the Appeal of Alexander Earl of Home and others, 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 Charles Sibbald, Writer in Edinburgh, 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.
Angus against Manson.
The House being informed, That Thomas Manson, Respondent to the Appeal of John Angus, Merchant in Edinburgh, 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 John MEwan, Writer in Edinburgh, 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.
Alexander against Chrystie, Petition to amend Appeal.
Upon reading; the Petition of Robert Alexander Esquire, Appellant in a Cause depending in this House, to which James Chrystie is Respondent;. setting forth, That it appearing, from the Extract of the Decree, the Lords of Session, after the Second Interlocutor complained of in the Appeal, pronounced a Third Interlocutor of the 25th of February 1767, adhering to their former Interlocutor, and refusing the Desire of the (Appellants) Reclaiming Petition; and therefore praying their Lordships, That he may be at Liberty to amend his Appeal, by adding the said Interlocutor of the Lords of Session of the 25th of February 1767, he amending the Respondents Copy:
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by adding the said Interlocutor as desired, he amending the Respondents Copy.
Greig et al. against Carstairs.
The House being informed, That James Bruce Carstairs Esquire, Respondent to the Appeal of Robert Greig of Lerhangie and others, had not put in his Answer to the s aid Appeal, though duly served with the Order of this House for that Purpose:
And thereupon an Affidavit of Peter Flockhart, Writer in Edinburgh, 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.
Sir Robert Staples et al. against Maurice:
After hearing Counsel this Day upon the Petition and Appeal of Sir Robert Staples Baronet, Grace Staples, and John Staples, Executors of Thomas Staples Clerk, who was surviving Executor of Sir Alexander Staples, complaining of a Decree of the Court of Exchequer in Ireland of the 20th Day of July 1772; and praying, That the same might be reversed, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Mary Margaretta Maurice Spinster, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Decree, complained of in the said Appeal, be, and the same is hereby reversed: And it is further ordered, That the Respondents Bill in the said Court of Exchequer in Ireland, be dismissed without Costs.
East India Goods, and Naval Stores, &c. Accounts delivered.
The House being informed, That some of the Commissioners of the Customs attended:
They were called in; and delivered at the Bar, pursuant to several Acts of Parliament, the Return of the said Commissioners with the following Accounts; (videlicet),
No. 1. An Account of prohibited East India Goods brought into Saint Hellens Warehouses in the Port of London, from Michaelmas 1772, to Michaelmas 1773; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1773.
2. An Account of prohibited East India Goods imported into Leadenhall Warehouses in the Port of London, from Michaelmas 1772, to Michaelmas 1773; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1773.
3. An Account of prohibited East India Goods remaining in His Majestys Warehouse in the Port of London, at Michaelmas 1772, what have been since brought in, what exported, as also what remained at Michaelmas 1773.
4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1772, what have been since brought in, what exported, and what remained at Michaelmas 1773.
5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Leadenhall, Billeter Lane, and the; Custom House, in the Port of London, since Michaelmas 1772, in order to be dyed, glazed, and refreshed, what have been returned, and what remained out, at Michaelmas 1773.
6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1772, to Michaelmas 1773.
7. An Account of Naval Stores imported from Russia into the Ports of England, (commonly called The Out Ports), from Michaelmas 1772, to Michaelmas 1773.
8. An Account of the Number of Ships which have been employed in the Whale Fishery to Daviss Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; and also the Number of Whales, Seals, and Quantity of Blubber, each Ship has imported in the Year 1773.
9. An Account of all Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch, exported from England, to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act passed last Session to prohibit the Exportation thereof, continued from the last Account; (videlicet), from the 10th of October 1772, to the 10th of October 1773 inclusive.
And then they withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Hepburn against Cranston.
Upon reading the Petition and Appeal of George Hepburn, Writer in Edinburgh, Trustee of Archibald Megget late Writer there, complaining of Two Interlocutors of the Lords of Session in Scotland of the 2d Day of December 1772, and Day of January 1773, and also of Three Interlocutors of the Lord Ordinary there, of the 28th of January, the 21st of July, and 8th Days of December, 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Cranston Esquire may be required to answer the Appeal:
It is Ordered, That the said George Cranston Esquire may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 16th Day of February next; and Service of this Order upon the said Respondent, or his known Counsel or Agent, in the said Court of Session in Scotland, shall be deemed good Service.
Writs of Error:
The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table Two Writs of Error:
Quince against Goodright:
In the First of which,
James Quince is Plaintiff, and Timothy Goodright is Defendant:
Richardson and Hamilton against Robley.
And in the other,
William Richardson and John Hamilton are Plaintiffs, and Isaac Robley is Defendant.
Yateman against Cox et al.
Ordered, That the Hearing of the Cause wherein Francis Yateman Gentleman is Appellant, and Sarah Cox and others are Respondents, which stands appointed for Friday next, be put off to Wednesday next.
Blake against Perrin and Vaughan, Writ of Error.
Ordered, That the Hearing of the Errors argued, assigned upon the Writ of Error wherein Hannah Blake is Plaintiff, and William Perrin and Thomas Vaughan are Defendants, be put off till after all the Causes already appointed.
Appeals, Time enlarged.
Notice was taken, That the Time limited by the Standing Orders of this House of the 5th of April 1720, requiring Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, expires on Friday next:
Ordered, That the Time limited for that Purpose be extended to the next sitting Day of the House.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum quartum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 24o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
D. Gordon against E. Fife et al.
After hearing Counsel, in Part, in the Cause wherein Alexander Duke of Gordon is Appellant, and James Earl of Fife and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.
Lords to be summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Tuesday the First Day of February next.
Cathcarts Petition referred to Judges.
Upon reading the Petition of James Cathcart, of Carbiston, 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 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.
Farrell against Crosbie et Ux.
Upon reading the Petition and Appeal of Charles Farrell Doctor in Physic, complaining of an Order of the Court of Chancery in Ireland of the 3d Day of May 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Edward Crosbie Esquire, and Frances his Wife, may be required to answer the said Appeal:
It is Ordered, That the said Edward Crosbie, and Frances his Wife, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 28th Day of February next; and Service of this Order upon the Attorney or Agent of the said Respondents in the said Court of Chancery in Ireland, Shall be deemed good Service.
Charles against Rowley and Charles.
Upon reading the Petition and Appeal of Charles Vipont Charles Esquire, complaining of an Order of the Court of Exchequer in Ireland of the 12th of July 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, Shall seem meet; and that Hercules Langford Rowley Esquire, and John Charles, may be required to answer the said Appeal:
It is Ordered, That the said Hercules Langford Rowley, and John Charles, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 28th Day of February next; and Service of this Order upon the Attornies or Agents of the said Respondents in the said Court of Exchequer in Ireland, shall be deemed good Service.
Strode against Chaigneau et al.
Upon reading the Petition and Appeal of William Strode Esquire, complaining of an Order of the Court of Exchequer of the 16th of July 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that William Chaigneau, John Chaigneau, John Chapman, and Robert Riky, may be required to answer the said Appeal:
It is Ordered, That the said William Chaigneau, John Chaigneau, John Chapman, and Robert Riky, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 7th Day of February next.
Pope against Roots et al.
Upon reading the Petition and Appeal of Thomas Pope, complaining of a Decree of the Court of Chancery of the 22d of May 1773; and praying, That the same may be reversed and set aside, or that the Appellant may have such other Relief the Premises, as the Nature and Circumstances of the Case may require; and that George Roots, Thomas Roots, John Roots, George Oliver, John Sisley, John Rogers, Thomas Whitell, and Stephen Forth, may be required to answer the said Appeal:
It is Ordered, That the said George Roots, Thomas Roots, John Roots, George Oliver, John Sisley, John Rogers, Thomas Whitell, and Stephen Forth, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 7th Day of February next.
Lloyd to enter into Recognizance on Davisons Appeal.
The House being moved, That Thomas Lloyd, of Grays Inn, Gentleman, may be permitted to enter into a Recognizance for Morton Davison Esquire, on Account of his Appeal depending in this House, he living in the Country:
It is Ordered, That the said Thomas Lloyd may enter into a Recognizance for the said Appellant, as desired.
Seton to enter into Recognizance on Hepburns Appeal.
The House being moved, That John Seton Gentleman may be permitted to enter into a Recognizance for George Hepburn Writer in Edinburgh, on Account of his Appeal depending in this House, he residing in Scotland:
It is Ordered, That the said John Seton may enter into a Recognizance for the said Appellant, as desired.
Dillon against Dillon.
The House being moved, That a Day may be appointed for hearing the Cause wherein Luke Dillon Esquire is Appellant, and Jane Dillon 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.
Sir Alexander Macdonald against MacLeod, Petition to amend Appeal.
Upon reading the Petition of Sir Alexander Macdonald, of Macdonald, Baronet, Appellant in a Cause depending in this House, to which Normand Mac Lord, of Mac Lord, Esquire, is Respondent; setting forth. That last Session of Parliament the Appellant presented his Appeal to their Lordships from certain Parts of an Interlocutor of the Lords of Session in Scotland of the 17th of July 1770, and from an Interlocutor of the said Lords of the 6th of March 1772, in so far as the same adheres to the former Interlocutor; that the Appellant, in stating the said Appeal, committed an Error with respect to the Date of the last Interlocutor, for instead of the 6th of March 1772, it ought to have been stated the 10th of March 1772; and therefore praying their Lordships, That he may be at Liberty to amend his said Appeal, by striking out the 6th Day of March 1772, and by inserting the 10th Day of March 1772; the Respondent not having appeared, or given in an Answer thereto:
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by striking out (the 6th Day of March 1772), and by inserting (the 10th Day of March 1772), as desired, he amending the Respondents Copy.
Watts et al. Petition referred to Judges.
Upon reading the Petition of Edward Watts of Dover Street, in the County of Middlesex, Esquire, (the eldest Son of William Watts, formerly of Pall Mall within the Liberty of Westminster, but late of Hanover Square in the said County of Middlesex, Esquire, deceased), and of the Right Honourable Charles Jenkinson, of Parliament Street, Westminster, in the said County of Middlesex,
Esquire, on Behalf of Mr. Robert Banks Jenkinson, an Infant, and the only Child of the said Charles Jenkinson by Amelia his late Wife deceased, (heretofore Amelia Watts Spinster, and One of the Daughters of the said William Watts deceased); and also of George Poyntz Ricketts, of Grove Place, in the County of Southampton, Esquire, and Sophia his (fn. 2) late Wife, (late Sophia Watts Spinster, and the other of the Daughters of the said William Watts 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.
Baker to enter into Recognizance on Charless Appeal,
The House being moved, That Henry Baker, of Warwick Court, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Charles Vipont Charles Esquire, on Account of his Appeal depending in this House, he residing in Ireland:
It is Ordered, That the said Henry Baker may enter into a Recognizance for the said Appellant, as desired.
and on Farrells Appeal.
The House being moved, That Henry Baker, of Warwick Court, in the County of Middlesex, Gentleman, may be permitted to enter into a Recognizance for Charles Farrell Doctor in Physic, on Account of his Appeal depending in this House, he residing in Ireland:
It is Ordered, That the said Henry Baker may enter into a Recognizance for the said Appellant, as desired.
Wilson to enter into Recognizance on Popes Appeal.
The House being moved, That John Wilson, of Bell Yard, Carey Street, in the Parish of Saint Clement Danes, Gentleman, may be permitted to enter into a Recognizance for Thomas Pope, on Account of his Appeal depending in this House, he residing in the Country:
It is Ordered, That the said John Wilson may enter into a Recognizance for the said Appellant, as desired.
Donaldsons against Beckett et al; Judges to attend at the Hearing.
Upon reading the Petition of Alexander Donaldson and John Donaldson, Appellants in a Cause depending in this House, to which Thomas Beckett and others are Respondents, which stands appointed for hearing on Friday next; setting forth, That by the Decree made in this Cause by the Right Honourable the Lord High Chancellor of Great Britain the 16th of November 1772, upon the long doubtful Question of Literary Property, the Petitioners were decreed to account for the Works of James Thomson, which had been printed and fold by the Petitioners: That the Petitioners, in December 1772, appealed to their Lordships from the said Decree, and during the Course of that Session of Parliament prepared their Case, and laid it before Mr. Chambers, One of their Counsel, for his Perusal and Approbation: That Mr. Chambers, before he had settled the said Case, being appointed One of the Judges to go to the East Indies, and his Time taken up in consequence of his Appointment, did not finally settle the said Case till the 7th January instant, when the Petitioners Agent received the same from him, and laid the same before Mr. Attorney General: That Mr. Attorney General the Petitioners Counsel, and Mr. Solicitor General Counsel for the Respondents, directed the Petitioners Agent to apply, jointly with the Agent for the Respondents, to their Lordships for a Day for the hearing of this Cause; and as it was apprehended the Attendance of the Judges would be required, they mentioned the last Week in February as a proper Time for that Purpose, being before the Circuits took place: That on the 20th instant the Petitioners Agent, together with the Respondents Agent, attended the House, intending to present a Petition to their Lordships to appoint a Day for hearing the Cause, which Petition was shewn to the Right Honourable the Lord High Chancellor, when his Lordship was pleased to direct the Judges to be consulted as to the Time: That on Friday last the Petitioners were informed, that their Lordships had appointed the Cause to be heard on Friday next the 28th instant, and the Judges to be summoned for that Day: That the Petitioners Case is now before Mr. Attorney General and Sir John Dalrymple to be finally settled; but the Petitioners find that it will be impossible for the Petitioners to be ready for hearing by the Day appointed; and as this Cause is of the highest Consequence, not only to the Petitioners, but to Authors, Printers. Publishers, and the Publick in general: The Petitioners therefore pray Their Lordships to adjourn this Cause for a Month, and to appoint such Day for the hearing thereof as to their Lordships shall seem meet; and that the Judges may be ordered to attend their Lordships accordingly:
It is Ordered, That the Hearing of this Cause be put off to Friday the 4th Day of February next, and that the Judges do then attend.
Burn et al. against Hamilton et al.
The House being informed, That Robert Hamilton Provost, and the other Magistrates and Counsellors of the Borough of Kingborn, Respondents to the Appeal of Samuel Burn and others, 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 George Andrew, Clerk to John Tait Writer to His Majestys Signet, 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.
Westminster Bridge Accounts delivered.
The House being informed, That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:
He was called in; and delivered at the Bar, pursuant to several Acts of Parliament, Two Books, containing:
A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 23d Day of December 1772 to the 19th Day of January 1774 inclusive.
Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1772 to the 5th Day of January 1774; together with a Rent Roll and an Account of Bridge Rents received from 5th July 1772 to 5th July 1773.
And then he withdrew.
And the Titles thereof, being read by the Clerk:
Ordered, That the same do lie on the Table.
Charles against Rowley and Charles, Pleadings proved.
The House being informed, That Henry Baker Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause wherein Charles Vipont Charles is Appellant; and Hercules Langford Rowley Esquire and John Charles 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.
Lane to enter into Recognizance on Fitz Edwards Appeal.
The House being moved, That John Lane, of Salisbury Street, London, Gentleman, may be permitted to enter into a Recognizance for Robert Ryves Fitz Edward, on Account of his Appeal depending in this House, he residing in Ireland:
It is Ordered, That the said John Lane may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 25o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
Epus. Litch. & Cov. | Ds. Apsley, Cancellarius. | Ds. Cathcart. |
Ds. Hyde. | ||
Dux Chandos. | Ds. Boston. | |
Ds. Camden. | ||
Comes Denbigh. | ||
Comes Abercorn. | ||
Comes Stair. | ||
Comes Macclesfield. |
PRAYERS.
D. Gordon against E. Fife et al.:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Alexander Duke of Gordon, complaining of Two Interlocutors of the Lords of Session in Scotland of the 18th of November 1772, and 4th of March 1773; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of James Earl Fife, and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House: And that the said Interlocutors therein complained of be, and the same are hereby affirmed.
L. Milton against Edgworth et al.
Upon reading the Petition and Appeal of the Right Honourable Joseph Lord Milton, complaining of an Order of the Court of Exchequer in Ireland of the 13th of July 1773; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Moore Edgworth, Damer Edgworth, and John Magill, may be required to answer the said Appeal:
It is Ordered, That the said Moore Edgworth, Damer Edgworth, and John Magill, 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 1st Day of March next; and Service of this Order upon the Clerk in Court, or Attorney or Solicitor for the said Respondents in the said Court of Exchequer in Ireland, shall be deemed good Service.
Davison against E. Bute et al.
Upon reading the Petition and Appeal of Morton Davison Esquire, complaining of so much of an Order of the Court of Chancery of the 21st Day of this instant January, made in a Cause wherein the said Morton Davison was Plaintiff, and the Right Honourable John Earl of Bute and others Defendants, as Orders, that the Evidence on both Sides be entered as read; and praying, That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Earl of Bute, Henry Lord Ravensworth, John Earl of Strathmore, Mary Eleanor Countess of Strathmore, John Lord Glamis, and Mary Bowes, may be required to answer the said Appeal:
It is Ordered, That the said John Earl of Bute, 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 8th Day of February next.
Toder et Ux. against Sansom et al.
Upon reading the Petition and Appeal of Thomas Toder of Newark upon Trent, Dealer and Chapman, and Ann his Wife, late Ann Linthwaite, complaining of a Decree of Dismission of the Court of Chancery of the 5th Day of July 1769; and also of an Order of the said Court of the 15th Day of December 1768, made in a certain Cause wherein Richard Linthwaite, Ann Linthwaite, and Sarah Linthwaite, Infants, by the said Richard Linthwaite, their next Friend, were Plaintiffs; and Mark Sansom, and Ann his Wife, Robert Greaves, William Sansom, and John Snape, Defendants; and praying, That the same may be reversed, and that their Lordships will be pleased to establish a Decree of the 5th of July 1768, so originally pronounced in the Favour of the Petitioner Ann, or otherwise direct a new Issue at Law to be tried, to determine Whether Thomas Sansom did live to attain his full Age of Twenty-one Years, agreeable to the Limitation expressed in the Will of the Testator Thomas Greaves; 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 Mark Sansom, and Ann his Wife, Robert Greaves, William Sansom, and John Snape, may be required to answer the said Appeal:
It is Ordered, That the said Mark Sansom, and Ann his Wife, Robert Greaves, William Sansom, and John Snape, 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 8th Day of February next.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Januarii hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 26o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Yateman against Cox et al.:
After hearing Counsel this Day upon the Petition and Appeal of Francis Yateman Gentleman, complaining of Part of a Decree of the Court of Exchequer of the 13th Day of December 1770; and also of an Order of the said Court of the 26th Day of November 1772, affirming the same and praying, That the same might be reversed, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Sarah Cox, Thomas Cawley, Christopher Willoughby, Phannel Bacon, and Jonathan. Martin, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decree affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House: And that the said Decree and Order therein complained of be, and the same are hereby affirmed.
Lloyd to enter into Recognizance on Davisons Appeal.
The House being moved, That Thomas Lloyd, of Grays Inn, Gentleman, may be permitted to enter into a Recognizance for Morton Davison Esquire, on Account of his Appeal depending in this House, he residing in the Country:
It is Ordered, That the said Thomas Lloyd may enter into a Recognizance for the said Appellant, as desired.
Wilson to enter into Recognizance on Lord Miltons Appeal.
The House being moved, That George Wilson of Symonds Inn, Gentleman, may be permitted to enter into a Recognizance for the Right Honourable Joseph Lord Milton, on Account of his Appeal depending in this House:
It is Ordered, That the said George Wilson may enter into a Recognizance for the said Appellant, as desired.
Bp. Chester to preach on 31st January.
Ordered, That the Lord Bishop of Chester be, and he is hereby desired to preach before this House on Monday the 31st of this instant January, in the Abbey Church Westminster.
Flyn against Kilkenny et al.
Upon reading the Petition and Appeal of George Flyn, of the City of Dublin, Merchant, complaining of a Decree of the Court of Chancery in Ireland of the 29th Day of June 1771; and praying, That the same may be reversed, or varied in such Manner as to their Lordships, in their great Wisdom, shall seem meet; and that Matthew Kilkenny, Barnaby Coyne, Peter Plunkett, and Thady MDermott, may be required to answer the said Appeal:
It is Ordered, That the said Matthew Kilkenny, Barnaby Coyne, Peter Plunkett, and Thady MDermott, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 2d Day of March next; and Service of this Order upon the said Respondents, or their Agents or Solicitors in the said Court of Chancery in Ireland, shall be deemed good Service.
Cojamaul against Verelst.
Upon reading the Petition and Appeal of Gregore Cojamaul, complaining of an Order of the Court of Exchequer of the 9th of July 1773; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Harry Verelst Esquire may be required to answer the said Appeal:
It is Ordered, That the said Harry Verelst Esquire may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 9th Day of February next.
Rafael against Verelst.
Upon reading the Petition and Appeal of Johannes Padre Rafael, complaining of an Order of the Court of Exchequer of the 9th Day of July 1773; and praying, That the fame may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Harry Verelst Esquire may be required to answer the said Appeal:
It is Ordered, That the said Harry Verelst may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the 9th Day of February next.
Appeals left with the Clerk to be read next Sitting Day.
It being proposed, To adjourn beyond the Time limited by their Lordships Standing Order for presenting Appeals, (being within Fourteen Days from the First Day of every Session):
It is Ordered, That all such Appeals as shall be left at the Parliament Office with the Clerk, within the Time limited by the said Standing Order, during the Adjournment of the House, be read the next sitting Day of the House.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum octavum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 28o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Darley against Langworthy.
The Answer of George Vincent, called in the Pleadings of this Cause George Vincent Langworthy, to the Appeal of Elizabeth Darley Widow, was this Day brought in.
Coltart against Fraser:
After hearing Counsel this Day upon the Petition and Appeal of John Coltart of Arceming, complaining of Two Interlocutors of the Lords of Session in Scotland of the 13th of December 1768, and 9th of March 1769; and praying, That the same might he reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of William Fraser, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed, with Costs.
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 Interlocutors therein complained of be, and the same are hereby affirmed: And it is further ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of One hundred Pounds for his Costs in respect of the said Appeal.
Irving to enter into Recognizance on Rafaels Appeal.
The House being moved, That John Irving, of the Middle Temple, London, Gentleman, may be permitted to enter into a Recognizance for Johannes Padre Rafael, on Account of his Appeal depending in this House, he residing Abroad:
It is Ordered, That the said John Irving may enter into a Recognizance for the said Appellant, as desired.
Mitfords Petition referred to Judges.
Upon reading the Petition of William Mitford, of Gilbury, in the County of Southampton, Esquire, on Behalf of himself and of his Infant Sons William Mitford, Henry Mitford, and John Mitford; 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.
Quince against Goodright.
Upon reading the Petition of Timothy Goodright, Defendant in a Writ of Error depending in this House, wherein James Quince Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writ of Error may be Nonprosd, with such Costs as to their Lordships shall seem meet:
Writ of Error Non profd, with Costs.
It is Ordered, That the Petitioner do forth with enter a Nonpros. 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 Defendant in Error, the Sum of Twenty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.
Boyd against Russell.
The House being moved, That a Day may be appointed for hearing the Cause wherein John Boyd, of Westergreenrig, is Appellant; and John Russell 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.
Angus against Manson.
The House being moved, That a Day may be appointed for hearing the Cause wherein John Angus, Merchant in Edinburgh, is Appellant and Thomas Manson 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.
Rutherford et al. against Hamilton.
Upon reading the Petition of James Rutherford, and others, Appellants in a Cause depending in this House, to which Robert Hamilton is Respondent, which stands appointed for hearing; setting forth, That the Parties are now under Treaty for an amicable Accommodation of the Matters in Dispute between them in this Cause; and therefore praying their Lordships, To put off the Hearing thereof till after all the Causes already appointed; the Agent for the said Respondent having signed the said Petition, as consenting thereto:
It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed, as desired.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, tricesimum primum diem instantis Januarii, hora decima Auror, Dominis sic decernentibus.
Die Lun, 31o Januarii 1774.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Strode against Chaigneaus.
The Answer of William Chaigneau and John Chaigneau, to the Appeal of William Strode Esquire, was this Day brought in:
Strode against Riky.
As was also, the Answer of Robert Riky to the Appeal of William Strode Esquire.
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 prsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Februarii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.