House of Lords Journal Volume 35: January 1779

January 1779

DIE Mercurii, 20^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Jackson et al against Monro.

The Answer of John Monro Esquire, Procurator Fiscall of the High Court of Admiralty of Scotland, to the Appeal of John Jackson Esquire, Receiver General of all Droits and Perquisites of the Admiralty of Great Britain, and others, was this Day brought in.

Coltart against Maxwell et al:

A Petition of Winifred Maxwell of Nithsdale, and others, Respondents in a .Cause depending in this House, to which John Coltart Esquire, is Appellant, et e contra, was presented and read; setting forth, "That this Cause stands the first in Course to be heard before their Lordships, and the Cases have been delivered: That the Respondents, though hot wishing to delay the Cause unnecessarily, are obliged to make this Application to their Lordships, as one of their Counsel, after being prepared to plead it, was suddenly called out of Town, and will not return for a Fortnight or Three Weeks: That it may be observed from the Cases, this Cause is of considerable Importance to the Parties, and turns upon the most abstruse Points of the Law of Scotland; the Petitioners therefore hope for their Lordships usual Indulgence till they can have the Assistance of Counsel acquainted with that Law;" and humbly pray their Lordships "will be pleased to delay the Hearing of this Cause for Three Weeks, or such other Time as their Lordships shall think proper."

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

And being withdrawn;

Costs for Nonattendance of Counsel.

Ordered, That the Hearing of the said Cause be put off to Monday next; and that the Respondents, for not having attended with their Counsel, do pay the Appellant Twenty Pounds.

Tempest et Ux. Petition referred to Judges.

Upon reading the Petition of John Tempest, of Winyard in the County Palatine of Durham, Esquire, and Ann his Wife, on Behalf of themselves, and their only Child John Tempest, an Insant; praying Leave to bring in a Bill for seiling a certain Manor, Lands, and Hereditaments in the County of Kent, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as the above Estates in the said County of Kent stood limited:

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 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 thePetition; and also that the Judges, having perused the Bill, do sign the same.

Lord Monson et al. Petition referred to Judges.

Upon reading the Petition of John Lord Monson, and the Dean and Chapter of the Cathedral Church of the Blessed Virgin Mary of Lincoln; praying Leave to bring in a Bill for confirming Articles of Agreement entered into by the Petitioners, for the mutual Exchange of certain Lands in the County of Lincoln, and for rendering the same valid and effectual:

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

Middleton against Leeming:

Upon reading the Petition of Thomas Leeming Gentleman, Defendant in a Writ of Error depending in this House, wherein Richard Middleton the younger, is Plaintiff; setting forth, "That the Plaintiff has not assigned Errors within the Time limited by their Lordships Standing Order;" and therefore, praying, "That the said Writ of Error may be Non-pros'd with such Costs, as to their Lordships shall seem meet:"

Writ of Error Non-pros'd with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros, on the said Writ of Error as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further,

that the Plaintiff in Error do pay, or cause to be paid,to the said Defendant in Error, the Sum of Forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.

Jackson et al. against Monre.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Jackson Esquire and others, are Appellants, and John Monro Esquire 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.

L. Percy's Divorce Bill.

Ordered, That George Gostling junior, Esquire, do attend this House To-morrow, in order to his being examined as a Witness upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage had between the Right Honourable Hugh Baron Percy, Lucy, Poynings, Fitzpayne, Bryan and Latimer, and the Right Honourable Ann Baroness Percy his Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Causes put off.

Ordered, That the Hearing of the Cause wherein John Bateman Esquire, and Olivia Countess of Rosse his Wife are Appellants, and Sophia Murray Widow, and William Murray her Son, are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes following be removed in Course.

Adjourn.

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

DIE Jovis, 21^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baillie against Sir N. Lawless.

The Answer of Sir Nicholas Lawless Baronet, to the Appeal of Arthur Baillie Esquire, was this Day brought in.

Bp. Exeter to each on 30th January.

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

Bp Chester to preach on Fast Day.

Ordered, That the Lord Bishop of Chester be, and he is hereby desired to preach before this House, on Wednesday the 10th Day of February next, in the Abbey Church Westminster, being the Day appointed by His Majesty's Royal Proclamation for a General Fast.

L. Percy's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage had between the Right Honourable Hugh Baron Percy, Lucy, Poynings, Fitzpayne, Bryan and Latimer, and the Right Honourable Ann Baroness Percy his Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Bearcroft and Mr. Hotchkin appearing as Counsel for the Bill, and Mr. Serjeant Heath and Mr. Burland appearing as Counsel for Lady Percy:

Mr. Bearcrost, in order to prove the Service of the Order for the Second Reading of the Bill, called,

Mr. Samuel Pohl, who being fworn, acquainted the House, "That he served Lady Percy personally at Lausane in Switzerland, on the 2d of January last, with the Order of this House for the Second Reading of the Bill, and at the same Time delivered to her a true Copy of the Bill."

He was directed to withdraw.

Then the said Bill was read a Second Time.

Then Mr. Bearcroft was heard in Support of the Bill, and to make out the Allegations thereof; and in order to prove the Marriage, called,

Mr. George Gostling, who being sworn, produced a Bock from the Faculty Office, containing the Original Warrants for Licences granted by the Archbishop of Canterbury for the Year 1764; in which Book was an Original Warrant, signed by the said Archbishop on the 1st of July 1764, for the Special Licence for the Marriage of Lord and Lady Percy; and the said Warrant was read at the Bar: Mr. Gostling also acquainted the House, "That he had examined the Seal Book at Doctors Commons, and there found an Entry that the Licence was sealed on the 2d of July 1764, but that he had not got a Copy of the same; that the Licence for marrying is never returned, but is always kept by the Clergyman performing the Ceremony for his own Justification."

He was directed to withdraw.

Then Mr. Hotchkin acquainted the House, "That the Clergyman who married Lord and Lady Percy was dead; and that the said Marriage not having been registered, his Grace the Duke of Northumberland, who was present at the Marriage Ceremony, would prove the said Marriage." Whereupon,

His Grace the Duke of Northumberland, in his Place, acquainted the House, "That the Marriage Ceremony between Lord and Lady Percy was performed at the House of the Earl of Bute, by the late Lord Primate of Ireland, on the 2d of July 1764, and that his Grace was present at and consented to the said Marriage, as were also the Earl and Countess of Bute, who consented to the same; and that Lord and Lady Percy cohabited and lived together as Man and Wife."

Then Doctor Thomas Percy was called in, and being sworn, the Marriage Settlement of the 30th and 31st of March 1767, on said Lady Percy, being produced and shewn to him at the Bar, he acquainted the House, That he was a subscribing Witness to it; and that he saw the Duke of Northumberland, the Duchess of Northumberland, the Earl Percy, the Countess Percy, the Earl of Bute, the Lord Viscount Mountstewart, and the Honourable Mr. James Stewart Mackenzie, sign, and duly execute the same."

He was directed to withdraw.

Then the said Marriage Settlement was read at the Bar.

Then Ralph Lodge Esquire, was called in, and being sworn, the Articles of Separation of the 7th of November 1769, being produced and shewn to him at the Bar, he acquainted the House, "That he was a subscribing Witness to the same; and that he saw the Earl Percy and the Countess Percy sign and duly execute the same."

He was directed to withdraw.

The said Articles were read at the Bar.

Then Thomas Morris was called in; who being sworn, acquainted the House, "That he went to live with Lady Percy as Footman, on the 6th of May; that he left her Service about Ten Months ago; that when he went, her Ladyship lived at Asb Park; that about Two Months after, she went with her Sister, Lady Augusta Corbett, to Southampton; that he knew Mr. Bird; that he began visiting Lady Percy in July; that he frequently visited her Ladyship during her Stay at Southampton, which was about Eleven Weeks; that he used to come home with her from the Rooms, and staid frequently with her till Two or Three o'Clock in the Morning; that Lady Augusta used to retire to her own Room about Eleven o'Clock, and leave them together; that Lady Percy afterwards went to Ash Park, where she was often visited by the said Mr. Bird; that one Time he staid there for Three Weeks, nobody was with her; that he then was not with her at late Hours; that at Christmas, Lady Percy went to Bath; that she was alone, and visited there by Mr. Bird Two or Three Days, but he did not stay later than Ten or Eleven o'Clock in the Evening; that from thence she went to Ash Park, where she was visited Four or Five Times by Mr. Bird, who sometimes staid with her Three or Four Days, and sometimes One Day or a Night, but was not with her as he saw at improper Times."

He was directed to withdraw.

Then Sarah Reekes was called in, and being sworn, acquainted the House, "That she went to live as Servant with Lady Augusta Corbett, on the 28th of October 1777, and that she lived with her Eleven Months; that on the 16th of December 1777, she went to live with Lady Percy at Bath; that she knows Mr. Bird; that he often visited Lady Percy at Southampton during the Time the Witness lived with Lady Augusta Corbett there; that Lady Percy went from Bath to Ash Park, where she was visited by Mr.Bird in March 1778; that upon his first Visit there he staid Two or Three Days; that Lady Percy lay in her own Room which was next to Mr. Bird's; that upon his Second Visit she, the Witness, going into Lady Percy's Room on the 12th of March 1778, about Half an Hour past Nine o'Clock in the Morning to call her up, she found Mr. Bird in Bed with Lady Percy; that they were both undressed; that Mr. Bird immediately got up and went out of the Room; that Lady Percy afterwards lay till her usual Time, and then got up and dressed herself; that though Lady Percy knew (as she was awake) that the, the Witness, was in the Room when Mr. Bird went out of it, her Ladyship never took any Notice of it to the Witness; that Lady Percy afterwards went to Brompton; that Mr. Bird lay in the same House; that their Bed Rooms joined to each other, and that there was a Door of Communication between them; that during her Ladyship's stay there, she never saw them in Bed together, but has often found her Bed much tumbled; that from the 10th of December 1777 to the 19th of April 1778, she never saw Lord Percy, and that he could not have visited Lady Percy without her knowing of it; and that during the Time she lived with Lady Augusta Corbett, which was for Eleven Months previous to the 16th of December 1777, she never saw Lord Percy."

She was directed to withdraw.

Then Mary Knight was called in, and being sworn, acquainted the House, "That she went to live as Servant with Lady Percy in April last, and staid with her a Month at Brompton; that she observed Mr. Bird with Lady Percy; that she saw him come often to her; that Lady Percy had no other Visitor; that she, the Witness, thinks they lay together; that they both lay on the same Floor; that there was a Door of Communication to their Bed Chambers; that she has heard it opened in the Night Time; that she knows in fact they lay together frequently, almost every Night; that she never saw them in Bed together, but has heard them go to Bed together."

She was directed to withdraw.

Then Doctor Percy was again called in, and acquainted the House, "That he has lived with Lord Percy from the Time of his Marriage till now; that in 1769, the Time Lord and Lady Percy separated, his Lordship came to Northumberland House in London; that he always was there except sometimes when he went to his own House in the Country, and sometimes to Alnwick; that he thinks his Lordship never visited her since the Separation; that he was with Lord Percy one Day in the Park when he met Lady Percy, but that his Lordship, took no notice, of her: That his Lordship in 1771 went to Ireland, and staid there till 1774, except twice during that Time he came to England; that he, the Witness, was constantly with his Lordship, and thinks he never saw her during that Time: That his Lordship then went to America, staid there Three Years, and returned to England at Midsummer 1777: That since his Lordship's Return he, the Witness, has lived more with him than before, and thinks he never visited Lady Percy since his Return, and that upon the whole he is thoroughly convinced that Lord Percy has never visited Lady Percy since the said Separation."

He was directed to withdraw.

Then Daniel Petit was called in, and being sworn, acquainted the House, "That he went to live with Lord Percy as Valet de Chambre on the 8th of June 1777, and has continued in his Lordship's Service ever since; that during the Time he has lived with him, his Lordship has never visited Lady Percy; that his Lordship could not have been absent without his knowing it."

He was directed to withdraw.

Then Thomas Cory was called in, and being sworn, produced an Office Copy of the Judgement obtained in the Court of King's Bench, in Easter Term last, against William Bird of Coventry, Esquire, for Criminal Conversation with the said Lady Percy.

He was directed to withdraw.

Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in, and being sworn; produced the Original Definitive Sentence of Divorce in the said Court, against the said Lady Percy for Adultery.

He was directed to withdraw.

The Counsel for the Bill having finished their Evidence,

Mr.Serjeant Heath acquainted the House, "That he had no Evidence to produce in Behalf of Lady Percy, nor had he any Instructions to oppose the Progress of the Bill."

The Counsel were directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Tuesday next.

Military Strength at Dominica delivered.

The Lord Viscount Weymouth (by His Majesty's Command) laid before the House, pursuant to an Address to His Majesty of the 7th of December last, for that Purpose;

"Extract from the latest Monthly Return of the 48th Regiment of Foot stationed at Grenada, Tobago and Dominica, shewing the Strength of the Three Companies at Dominica, dated 24th July 1778, and received the 20th November following."

And the Title thereof being read by the Clerk;

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

Adjourn.

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

DIE Veneris, 22^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tait against Lawson.

The Answer of James Lawson, Merchant in Glasgow, to the Cross Appeal of John Tait, Writer to the Signet, was this Day brought in.

Dallas against Dallas.

As was also, The Answer of William Dallas, Wright in Edinburgh, to the Appeal of Alexander Dallas, Silk Dyer in Edinburgh.

Whitehead et al. against Travis.

After hearing Counsel in Part, in the Cause wherein Thomas Whitehead, and others, are Appellants, and George Travis Clerk, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next; and that the Counsel be called in at Two o'Clock.

Dallas against Dallas.

Upon reading the Petition and Cross Appeal of William Dallas, Wright in Edinburgh, Son of James Dallas of North Newton; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 1st of August 1775, and 20th of February, and 5th of March 1776; and also of Two Interlocutors of the Lords of Session there of the 13th of December 1776, and 28th of February 1777, in so far as they fustain the Pursuer Alexander Dallas's Objections to the Repairs of the Mansion House, and to the 1500 Merks claimed by the Petitioner as paid to the Children of James Dallas his Father; and in so far as the above Interlocutors find that the Petitioner must be charged with Twenty-five Pounds of Tack Duty; 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 Alexander Dallas, Silk Dyer in Edinburgh, may be required to answer the said Appeal:"

It is Ordered, That the said Alexander Dallas may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 19th Day of February next; and Service of this Order upon the said Respondent, or upon his Counsel, Agent or Solicitor in the Court of Session in Scotland, shall be deemed good Service.

Buckton Burn &c. Road Bill.

A Message was brought from the House of Commons, by Sir Thomas Clavering, and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn, in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick;" to which they desire the Concurrence of this House.

Causes put off.

Ordered, That the Hearing of the Cause wherein John Coltart of Arceming, Esquire, is Appellant, and Winisred Maxwell of Nithsdale, and others, are Respondents, et e contra, which stands appointed for Monday next, be put off to Wednesday next; and that the rest of the Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 25^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Whitehead et al. against Travis.

After hearing Counsel further in the Cause wherein Thomas Whitehead, and others, are Appellants, and George Travis Clerk, is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off till To-morrow.

D. Hamilton against Douglas.

A Petition of Archibald Douglas, of Douglas Esquire, Respondent in a Cause depending in this House to which Douglas Duke of Hamilton, &c. is Appellant, which stands appointed for Hearing sine die, was presented and read; setting forth, "That in the above Cause Two Counsel were heard before their Lordships for the Appellant upon Friday the 3d of April 1778; after which the Cause was adjourned till Monday the 6th; and upon Counsel being called in to be further heard on Monday the 6th of April, the Counsel for the Appellant then alleged that, upon Saturday the 4th April, they had observed the Words, "after my Death" in the Clause of Registration, and had also discovered that the Words in the Marginal Note were "and Female" which they apprehended to be a Circumstance very important in their Favour. The Counsel for the Respondent, Mr. Douglas, alleged that it was a material Circumstance on their Side of the Question; but it was agreed on both Sides, that no Notice had been taken of these Circumstances on either Side in the Arguments in this Cause." Whereupon their Lordships, "without exercising any Judgement as to the Materiality of these Circumstances, thought fit to remit the Cause to the Court of Session in Scotland, and directed them to hear Parties again upon the Nature and Effect of the Deed of the 16th of October 1744, to consider whether the Marginal Note, as it appears upon the Face of the said Original Deed, and the Words "after my Death" in the Clause of Registration, make any Difference as to the Question decided by them upon the said Deed. And it was further Ordered, That the further Hearing of this Appeal be adjourned sine die, with Liberty for either Party to apply to this House when the said Court of Session shall have given their Opinion upon this Reference:" The Court of Session having accordingly heard Parties very fully upon the Nature and Effect of the Deed of the 16th October 1744; and upon the Subject Matter of the said Remitt; and having duly considered Memorials for both Parties thereon, "Find that the Deed of Revocation 1744, is not a Settlement of Succession, and that the Appellant Douglas Duke of Hamilton has no Claim under it: And they further find that the Marginal Note as it appears upon the Face of the said Original Deed of the 16th October 1744, and the Words "after my Death" in the Clause of Registration, make no Difference as to the Question now and formerly decided by them upon the Nature and Effect of the said Deed:" The Court of Session having thus given their Judgement on the Subject of the aforesaid Remitt by their Lordships," the Respondent therefore prays their Lordships, "To appoint this Cause to be further heard by Counsel, upon Wednesday the 17th Day of March next; or on such other Day as to their Lordships, in their great Wisdom and Justice, shall seem meet."

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

And being withdrawn;

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Wednesday the 17th Day of March next, as desired.

Edwards for a Divorce Bill.

Upon reading the Petition of Thomas Edwards Esquire, Captain in His Majesty's Sixth Regiment of Foot, praying Leave to bring in a Bill to dissolve his Marriage with Judith Williams his now Wife, and to enable him to marry again, in such Manner as to their Lordships shall seem proper:

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

Judges Reports, Limitation of.

Ordered, That this House will not receive any Report from the Judges upon Petitions presented to this House for Private Bills, after Monday the 29th of March next.

Ordered, That the said Order be affixed on the Doors of this House and Westminster Hall.

Lawson against Talt.

The House being moved, "That a Day may be appointed for hearing the Cause wherein James Lawson, Merchant in Glasgow, is Appellant, and John Tait, Writer to the Signet, 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.

Chisim's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off till To-morrow, and the Lords summoned; and that the several Persons who were ordered to attend on this Day, do then attend.

Bateman: Ux. against Murrays, Appellants Petition rejected.

A Petition of John Bateman Esquire, and Olivia Countess of Rosse his Wife, Appellants in a Cause depending in this House, to which Sophia Murray, Widow and Administratrix of George Murray deceased, and William Murray, Son and Heir of the said George Murray, are Respondents, was presented and read; setting forth, "That the Petitioners having appealed to their Lordships against a Decree of the Court of Chancery in Ireland, this Cause stands the Third in their Lordships List for hearing: That the Petitioners present Solicitor had not the Papers delivered over to him till the 11th Day of December last; and that the Petitioners Counsel who then had, and still has, Instructions before him for settling the Petitioners Case, went to Portsmouth on or about the 5th Day of this Instant January, to attend the Trial of the Honourable Augustus Keppel, and is still detained there, whereby the Petitioners have not been able to prepare themselves for the Hearing of their said Appeal by the Time appointed by their Lordships;" and therefore praying their Lordships, "That the Hearing of the said Appeal may be adjourned till after those already appointed, or till such Time as to their Lordships shall seem meet."

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

And being withdrawn;

It was moved, "That the Hearing of the said Cause be put off till after all the Causes already appointed."

Which being objected to;

The Question was put thereupon?

It was resolved in the Negative.

Ordered, That the said Petition be rejected.

Silk Importation Bill.

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

With a Bill, intituled, "An Act for allowing the Importation of fine organzied Italian thrown Silk, in any Ships or Vessels, for a limited Time;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Buckton Burn, &c. Road Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn, in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick."

Adjourn.

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

DIE Martis, 26^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Whitehead et al. against Travis:

The Order of the Day being read for taking into further Consideration the Cause wherein Thomas Whitehead, and others, are Appellants, and George Travis Clerk, is Respondent:

And due Consideration being had thereof accordingly;

The following Order and Judgement was made:

Decrees Reversed.

After hearing Counsel as well on Friday last as Yesterday, upon the Petition and Appeal of Thomas Whitehead, William Whitehead, John Bowker, Ralph Davies, and Elizabeth Bateman; complaining of a Decree or Decretal Order of the Court of Exchequer of the 18th of December 1775, and also of another Order or Decree of the said Court of the 1st of July 1777, affirming the same, made in a certain Cause wherein the Reverend George Travis Clerk, was Plaintiff, and John Oxton and John Healing, and also Thomas Whitehead, William Whitehead and John Bowker (Executors of William Whitehead deceased) and Ralph Davies and Elizabeth Bateman, were Defendants; and praying, "That the same might be reversed so far as the same relate to the Petitioners, 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 several Answer of George Travis Clerk, put in to the said Appeal; and due Consideration had this Day 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 Decrees complained of in the said Appeal be, and the same are hereby Reversed: And it is further Ordered, That the said Court of Exchequer do direct a Trial to be had at the next Assizes for the County of Salop, or at such other Time as the said Court shall think fit, upon the following Issue: "Whether the Tilt Penny paid by the Occupiers of Houses, within the Townships of Great and Little Sutton, to the Vicar of the Parish of Eastham, has been paid and accepted as a Modus or Composition in Lieu and in Satisfaction of Tythe Hay, with Liberty to indorse the Postea with any Modus which the Jury shall find respecting the Payment of the said Penny:" And it is further Ordered, That the Respondent be the Plaintiff at Law, and that the Appellants be the Defendants: And it is further Ordered, That all further Directions be reserved till after the Trial, and that the said Court of Exchequer do give all necessary and proper Directions for carrying this Judgement into Execution.

Floore Enclosure Bill.

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

With a Bill, intituled, "An Act to enlarge, explain and amend the Powers given in and by an Act passed in the last Session of Parliament, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual, for the Purposes therein mentioned;" to which they desire the Concurrence of this House.

Linlithgow Highways and Bridges Bill.

A Message was brought from the House of Commons, by Sir William Cunynghame, and others:

With a Bill, intituled, "An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate;" to which they desire the Concurrence of this House.

Whitstable Oyster Fishery Bill.

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

With a Bill, intituled, "An Act for the better Protection of the Oyster Fishery, within the Manor and Royalty of Whitstable, in the County of Kent;" to which they desire the Concurrence of this House.

L. Percy's Divorce Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage had between the Right Honourable Hugh Baron Percy, Lucy, Peynings, Fitzpayne, Bryan and Latimer, and the Right Honourable Ann Baroness Percy his Wife, and to enable him to marry again; and for other Purposes therein mentioned;"

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and made several Amendments thereto which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Chisim's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Thursday next, and the Lords summoned; and that the several Persons who were ordered to attend this Day, do then attend.

Adjourn.

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

DIE Mercurii, 27^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mason against Kirkman, et al. in Error.

The Earl of Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner delivered in at the Table a Writ of Error, wherein

John Mason is Plaintiff,
and
John Kirkman, and others, are Defendants.

Coltart against Maxwell, et al.

After hearing Counsel in Part, in the Cause wherein John Coltart of Arceming, Esquire, is Appellant, and Winifred Maxwell of Nithsdale, and others, are Respondents, et e contra:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Bateman et Ux. against Murrays.

A Petition of John Bateman Esquire, and Olivia Countess of Rosse, his Wife, Appellants in a Cause depending in this House, to which Sophia Murray, Widow and Administratrix of George Murray deceased, and William Murray Son and Heir of the said George Murray, are Respondents, was presented and read; setting forth, That the Petitioners presented a Petition to their Lordships to put off the Hearing of this Cause, on Monday the 25th Instant; and that their Lordships were pleased to reject the Prayer of the said Petition, and the Petitioners Appeal now stands Second in the List for hearing: That the Petitioners Solicitor has since made repeated Applications at the House of Mr. Hargrave for the Petitioners Case and other Papers and notwithstanding the most diligent Search has been made in the said Mr Hargrave's Office, the same cannot be found: That the said Mr. Hargrave, who still remains at Portsmouth, has been wrote to upon the Subject, and the Petitioners are in daily Expectation of obtaining their Papers;" and therefore, praying their Lordships, "That the Hearing of the said Cause may be adjourned for Three Weeks, or till such Time as to their Lordships shall seem meet."

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

And being withdrawn:

Ordered, That the said Petition be taken into Consideration on Friday next.

Linlithgow Highways and Bridges Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate."

Buckton Burn, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing the Road from the Turnpike Road at Buckton Burn in the County of Durham, through Berwick upon Tweed to Lammerton Hill, and also the several other Roads therein mentioned, lying in the said County, and within the Liberties of the said Town of Berwick."

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

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

Silk Importation Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing the Importation of Fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Whitstable Oyster Fishery Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better Protection of the Oyster Fishery, within the Manor and Royalty of Whitstable, in the County of Kent."

Floore Enclosure Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enlarge, explain and amend, the Powers given in and by an Act passed in the last Session of Parliament, intituled "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual for the Purposes therein mentioned."

L. Percy's Divorce Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to dissolve the Marriage had between the Right Honourable Hugh Baron Percy, Lucy, Poynings, Fitzpayne, Bryan and Latimer, and the Right Honourable Ann Baroness Percy his Wife, and to enable him to marry again; and for other Purposes therein mentioned."

And the same being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Ordered, That the said Bill be read the Third Time on Friday next.

Adjourn.

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

DIE Jovis, 28^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coltart against Maxwell, et al.

After hearing Counsel further in the Cause wherein John Coltart of Arceming, Esquire, is Appellant, and Winifred Maxwell of Nithsdale, and others, are Respondents, et e contra:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Whale Fishery Accounts delivered.

The House being informed, "That Mr. Mitford from the Commissioners of the Customs in Scotland, attended;"

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,

An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were sitted out, and at what Port they were discharged; also what Quantity of Oil and Whale Fins each Ship has imported from the 10th of October 1777 to the 10th of October 1778."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Recruiting Bill.

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

With a Bill, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof;" to which they desire the Concurrence of this House.

Marine Mutiny Bill.

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

With a Bill, intituled, "An Act for the Regulation of His Majesty's Marine Forces, while on Shore;" to which they desire the Concurrence of this House.

Beijer's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing Theodorus Martinus Mispelblom Beijer;" to which they desire the Concurrence of this House.

Recruiting Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repealing an Act made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof."

Ordered, That the said Bill be printed.

Silk Importation Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act for allowing the Importation of fine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time:"

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Linlithgow Highways and Bridges Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate."

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

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

Floore Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge, explain and amend, the Powers given in and by an Act passed in the last Session of Parliament, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual for the 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.

Whitstable Oyster Fishery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Protection of the Oyster Fishery within the Manor and Royalty of Whitstable, in the County of Kent."

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

Chisim's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Chisim with Martha Roberts his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," which stands appointed for this Day, be put off to Tuesday next, and the Lords summoned; and that the several Persons who were ordered to attend on this Day, do then attend.

Adjourn.

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

DIE Veneris, 29^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Maxwell et al. against Coltart.

The Answer of John Coltart, of Arceming, Esquire, to the Cross Appeal of Winifred Maxwell of Nithsdale, and others, was this Day brought in.

Coltart against Maxwell et al. et e contra:

After hearing Counsel, as well on Wednesday last as Yesterday, and this Day, upon the original Petition and Appeal of John Coltart of Arceming, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 5th of March 1777; and also of another Interlocutor of the said Lords, of the 13th and 17th of January 1778, in so far as it finds the Petitioner only entitled to the Retour Duties of the Lands preceding the Date of this Interlocutor; 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;" and likewise upon the Cross Appeal of Winifred Maxwell of Nithsdale, only lawful Daughter and Heiress of the deceased William Maxwell of Nithsdale, and William Hoggerstone Maxwell Constable of Nithsdale, and Everingham in the County of York, Esquire, her Husband, John Gorden of Kenmore, John Fraser elder, and James Fraser younger, of Upper Bar, John Maxwell of Ferraughty, Robert Dun of Corse, John Bushby Writer in Dumsries, Elizabeth Walker otherwise M^cNaught, the Wife of Mr. Robert Walker, Minister of Mockrum, Agnes Calland otherwise M^cNaught, the Wife of James Calland, Merchant in Glasgow, and the said Mr. Robert Walker and James Calland for their Interests, Margaret Tait, Relict of William Gordon of Craig, Robert Gordon of Craig, and William Fraser and Joseph Fraser, Sons of the deceased Joseph Fraser of Little Cocklick, and Thomas Stothart Writer in Dumsries; complaining of Six Interlocutors of the Lord Ordinary in Scotland, of the 24th of June and 8th of July 1773, and the 13th, 20th, and 27th of July, and 3d of August 1775; and of an Interlocutor of the Lords of Session there, of the 6th of February 1776; and also of another Interlocutor of the said Lords, of the 13th of January 1778, except in so far as the Petitioners are thereby liberated from the Pursuer's Claim to the full Rents, Maills, and Duties of their Lands from the Citation in the Process; and praying, "That the same might be reversed, varied or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem proper:" As also upon the Answer of Winifred Maxwell of Nithsdale, and William Hoggerstone Maxwell Constable of Nithsdale, and Everingham in the County of York, Esquire, John Gordon of Kenmore, Esquire, and others, put in to the said original Appeal; and the Answer of John Coltart of Arceming, Esquire, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Interlocutors Affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Original and Cross Appeals be, and the same are hereby dismissed this House, and that the said several Interlocutors therein complained of be, and the same are hereby Affirmed.

Linlithgow Highways and Bridges Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing the Highways and Bridges in the County of Linlithgow and Bathgate," 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."

Floore Enclosure Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge, explain and amend, the Powers given in and by an Act passed in the last Session of Parliament, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Manor, Parish and Liberties of Floore otherwise Flower, in the County of Northampton;" and for making the same more effectual for the Purposes therein mentioned" 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."

Baillie against Chaigneau et al. Pleadings proved.

The House being informed, "That Mr. Keogh attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause, wherein Arthur Baillie Esquire is Appellant, and William Chaigneau and others are Respondents:"

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

And then he withdrew.

Writs of Error delivered:

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

In the First of which,

Wharton against Chorley and Watt.

Joseph Wharton is Plaintiff,
and
John Chorley and Richard Watt are Defendants.

And in the last,

Hanson against Pollard and Moser.

Isaac Hanson is Plaintiff,
and
Samuel Pollard and Roger Moser are Defendants.

Bateman et Ux. against Murrays:

The Order of the Day being read for taking into Consideration the Petition of John Bateman Esquire, and Olivia Countess of Rosse his Wife, Appellants in a Cause depending in this House, to which Sophia Murray, Widow and Administratrix of George Murray deceased, and William Murray, Son and Heir of the said George Murray, are Respondents, presented to this House on Wednesday last; praying, for the Reasons in the Petition mentioned, "That the Hearing of the said Cause may be adjourned for Three Weeks, or till such other Time as to their Lordships shall seem meet;"

The House proceeded to take the same into Consideration:

And Mr. Dunning appearing as Counsel for the Respondents, acquainted the House, "That they were ready to proceed to the Hearing:"

And Mr. Fowler, Agent for the Appellants, appearing at the Bar, acquainted the House, "That he was not prepared for the Hearing, but that he should be ready by Tuesday Fortnight:"

They were directed to withdraw.

Costs to Respondents.

Ordered, That the Hearing of the said Cause be put off to Tuesday the 16th Day of February next; and that the Appellants do pay or Cause to be paid to the Respondents the Sum of Twenty-five Pounds for the Costs of the Day.

L. Percy's Divorce Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to dissolve the Marriage had between the Right Honourable Hugh Baron Percy, Lucy, Poynings, Fitzpayne, Bryan and Latimer, and the Right Honourable Ann Baroness Percy his Wife, and to enable him to marry again; and for other Purposes therein mentioned:"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H. C. with it.

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

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

Silk Importation Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing the Importation of sine organzined Italian thrown Silk, in any Ships or Vessels, for a limited Time."

After some Time, the House was resumed:

And the Earl of Aylesford reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Recraiting Bill.

Hodie 2^a vice lecta est Billa, intituled "An Act for repealing an Act, made in the last Session of Parliament, intituled, "An Act for the more easy and better recruiting of His Majesty's Land Forces and Marines;" and for substituting other and more effectual Provisions in the Place thereof."

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 Monday next.

Marine Mutiny Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Regulation of His Majesty's Marine Forces while on Shore."

Beijer's Naturalization Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Theodorus Martinus Mispelblom Beijer."

Adjourn.

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

DIE Sabbati, 30^o Januarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Februarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.