House of Lords Journal Volume 35: December 1776

December 1776

DIE Lunæ, 2^o Decembris 1776.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hamilton and Bainbridge against Rowley et al.

The Answer of the Right Honourable Hercules Langford Rowley, and others, to the Cross Appeal of Henry Hamilton and George Bainbridge, was this Day brought in:

Healey against Copley.

As was also, The Answer of Thomas Copley Esquire, to the Appeal of George Healey Gentleman:

Healey against Cooke et al.

Also, The Answer of Henry Cooke and others, to the Appeal of George Healey Gentleman:

Mortimer and Kirkham against Lloyd.

Also, The Answer of Owen Lloyd Clerk, to the Appeal of Hans Wintrop Mortimer Esquire, and Robert Kirkham Gentleman:

Thomson against Scotland et al.

Also, The Answer of John Scotland and others, to the Appeal of the Reverend Mr. James Thomson Minister of the Gospel in Dumfermline:

Lady Cranston and Lade against Scott et al.

And also, The Answer of George Lewis Scott, and other Creditors, ranked upon the Estates of Crailing and Wauchope, to the Appeal of Sophia Lady Cranston, and Michael Lade Esquire, her Husband, for his Interest.

D. Manchester, Leave for a Bill:

After reading and considering the Report of the judges, to whom was referred the Petition of the Most Noble George Duke and Earl of Manchester; 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 vesting the several Rectories, Parsonages, Churches, and Chapels of Rockburne, Breamore, South Charford, Hale, Whitsbury, and Quidesley, with the Glebe Lands, Tythes, and other Appurtenances thereto respectively belonging, Part of the Settled Estate of the Most Noble George Duke of Manchester, in Trustees, upon certain Trusts therein expressed; and for settling other Lands and Hereditaments of the said Duke, in lieu thereof, to the several Uses therein mentioned."

The House was adjourned during Pleasure to robe.

The House was resumed.

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 Majesty's Pleasure that they attend Him immediately in this House:"

Who being come, with their Speaker;

He, after a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that, and the other Bills, to be passed, severally, as follow; (videlicet),

Bills passed.

"1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-seven."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (videlicet),

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"3. An Act for the Regulation of His Majesty's Marine Forces while on Shore."

"4. An Act to enlarge the Term and Powers of an Act, made in the Second Year of His present Majesty's Reign, "for repairing, widening, turning, and shortening the Road leading from the Turnpike Road on Farrard's Common, in the Parish of Bradford, through Holt and Melksham, to Homan's Stile, in the Parish of Laycock, in the County of Wilts; and for completing a Communication between the said Road and the Bath Turnpike Road upon Kingsdown Hill, in the same County."

"5. An Act for continuing the Term, and altering and enlarging the Powers of so much of an Act, made in the Twenty-sixth Year of the Reign of His late Majesty King George the Second, for repairing certain Roads therein mentioned, as relates to the Roads from Kighley to Wakefield, and from Kighley to Halifax, and from Dudley Hill, through BeckwithShaw, to Killinghall, and from Beckwith-Shaw to the South-west Corner of Harrogate Enclosures, in the West Riding of the County of York."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet),

"Le Roy le veult."

"6. An Act for dividing and enclosing the Commons and Waste Grounds, in the Manor and Parish of Crownthorpe, in the County of Norfolk."

"7. An Act for naturalizing Andreas Goltlieb."

"8. An Act for naturalizing Gilles Prudent Melasse."

"9. An Act for naturalizing Dorothea Margreta Hartman."

"10. An Act for naturalizing Paul Johan Christian Tax and John Vallientine Gottlieb."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet),

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned, during Pleasure, to unrobe.

The House was resumed.

Jackson against Hogan, in Error.

The Order of the Day being read for hearing Counsel further in the Cause upon the Writ of Error, wherein Rowland Jackson is Plaintiff, and John Hogan is Defendant; and for the Judges to attend:

Counsel were accordingly called in.

And the Counsel for the Defendant having been heard:

As also One Counsel for the Plaintiff, by way of Reply:

The Counsel were directed to withdraw.

Proposed, "That the Judges present be directed to deliver their Opinions, upon the following Question; (videlicet),

"Whether the Defendant in Error, being the Lessee of the Devisees of Mary Jackson, be entitled to recover the Estates in Question, or any, and which of them?"

The same was agreed to; and the said Question was accordingly put to the Judges.

Whereupon, The Lord Chief Baron of the Court of Exchequer having conferred with the Rest of the Judges present, delivered their unanimous Opinion:

"That the Defendant in Error, being the Lessee of the Devisees of Mary Jackson, is entitled, under the Will of George Jackson, to recover all the Estates in Question."

And gave his Reasons.

Whereupon, The following Order and Judgement was made.

Judgement.

After hearing Counsel, as well on Friday last as this Day, to argue the Errors assigned upon the Writ of Error brought into this House the 27th Day of March 1776, wherein Rowland Jackson is Plaintiff, and John Hogan Defendant, in order to reverse a Judgement given in the Court of King's Bench for the said Defendant, reversing a Judgement of the Court of King's Bench in Ireland, and hearing the unanimous Opinion of the Judges present upon a Question of Law to them proposed; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Judgement of the Court of King's Bench in England, reversing the Judgement of the Court of King's Bench in Ireland, be, and the same is hereby affirmed; and that the Record be remitted, to the End such Proceeding may be had thereupon as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement to be affixed to the Transcript of the Record, is as follows: (videlicet),

"On which Day, before Our said Lord the King and the Peers in this present Parliament at Westminster, in the said County of Middlesex, come, as well the said Rowland as the said John, in their proper Persons, upon which all and singular the Premises being seen, and by the said Court of Parliament here fully understood, and as well the Record and Proceedings aforesaid, as the other Matters and Causes by the said Rowland above assigned for Error, being fully examined and seen, and mature Deliberation thereupon had, it appears to the said Court of Parliament now here, that there is no Error in the said Record and Proceedings of Reversal and annulling of the Judgement aforesaid by the Court of the said Lord the King, before the King Himself, on the First Writ of Error; therefore it is considered by the Court of Our said Lord the King, before the King Himself in His said Parliament, that the said Judgement of reversing and annulling the Judgement aforesaid on the said First Writ of Error, be in all Things affirmed, and remain in full Force and Effect, the Matters and Causes by the said Rowland above assigned for Error, in anywise notwithstanding."

E. Denbigh et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Basil Earl of Denbigh, William Lord Craven, as well on his own Behalf, as on the Behalf and as Committee of the Right Honourable Edward Lord Leigh, a Lunatic, and Sir John Eardley Wilmot Knight; and the humble Petition of Sir Thomas Cave, Sir William Wheler, Sir Theophilus Biddulph, and Sir Francis Skipwith, Baronets; Thomas George Skipwith, William Dixwell Grimes, Arthur Gregory, Esquires; and the Reverend Thomas Rowland Berkeley Clerk, Feoffees and Trustees of the Estate given by Lawrence Sheriff of the City of London, Grocer, for the founding a Free School and Alms Houses at Rugby, in the County of Warwick; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Wheatley's Petition referred to Judges.

Upon reading the Petition of William Wheatley of Erith, in the County of Kent, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Osman et Ux. Petition referred to Judges.

Upon reading the Petition of the Reverend Henry Osman Clerk, and Mary his Wife, on Behalf of themselves and their Five Daughters, Mary, Henrietta, Elizabeth, Harriett, and Sarah, who are all Infants under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Rowley et al. against Hamilton and Bainbridge.

The House being moved, "That a Day may be appointed for hearing the Cause, wherein Hercules Langford Rowley and others are Appellants, and Henry Hamilton and George Bainbridge are Respondents, 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.

Countess Wemyss against Wemyss et al.

The House being informed, "That James Wemyss of Wemyss, and others, Respondents to the Appeal of Janet Countess Dowager of Wemyss, 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 Alexander Nairne, 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.

Lady Cranston and Lade against Scott et al.

The House being moved, "That a Day may be appointed for hearing the Counsel, wherein Sophia Lady Cranston and Michael Lade Esquire, her Husband, are Appellants; and George Lewis Scott and others 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.

Adjourn.

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

DIE Veneris, 13^o Decembris 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then in order to proceed to the Abbey Church Westminster, to solemnize this Day, being appointed by His Majesty's Royal Proclamation to be observed as a General Fast:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in horam secundam Post Meridiem, Dominis sic decernentibus.

DIE Veneris, 13^o Decembris 1776.

Post Meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to Bp. Litch. & Cov. for his Sermon.

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

Mitchell against York Buildings Co. et al.:

Upon reading the Petition and Appeal of John Livingston Mitchell of Parkhall, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 31st of January and 15th of February 1776; and also of Two Interlocutors of the Lords of Session there, of the 10th of July and 29th of November 1776; and praying, "That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem proper; and that the Governor and Company of Undertakers for raising Thames Water in York Buildings, James Earl of Errol, and James King, his Sub-Lessee, may be required to answer the said Appeal:"

It is Ordered, That the said Governor and Company of Undertakers for raising Thames Water in York Buildings, James Earl of Errol, and James King, 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 10th Day of January 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.

Spottiswoode to enter into Recognizance on it.

The House being moved, "That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for John Living ston Mitchell of Parkhall, on Account of his Appeal depending in this House, he living in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem Januarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.