House of Lords Journal Volume 35: February 1779 11-20

February 1779 11-20

DIE Veneris, 12^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vickars et al. against Attorney General of Ireland:

After hearing Counsel this Day upon the Petition and Appeal of Jeremiah Vickars of the City of Dublin, Merchant, and of the said Jeremiah Vickars, and also of John Mathew of the same City, Merchant, Executors of the last Will and Testament of John Lord of the same City, Merchant, deceased; complaining of an Order of the Court of Exchequer in Ireland, of the 2d of May 1774, made on arguing the Petitioners Plea; and also of a Decree of the said Court of the 16th of June 1777; and praying, "That the same might be reversed and set aside, and instead thereof to allow the said Plea, and dismiss the Information against them, or to make such further or other Order for the Appellants Relief in the Premises, as the Nature and Circumstances of the Case might require, and as to their Lordships, in their great Wisdom and Justice, should seem meet;" as also upon the Answer of the Right Honourable John Scott Esquire, His Majesty's now Attorney General of Ireland, 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 Order and Decree therein complained of, be, and the same are hereby Affirmed.

Thanks to Bp. Chester for his Sermon.

Ordered, That the Thanks of this House be, and are hereby given to the Lord Bishop of Chester, for the Sermon by him preached before this House on Wednesday last, in the Abbey Church Westminster; and that he be desired to cause the same to be forthwith printed and published.

Vickars and Grace against Colclough et al.

A Petition of Richard Vickars Esquire, and Owen Grace Esquire, Appellants in a Cause depending in this House, to which Timothy Colclough, and others, are Re spondents, together with an Affidavit thereunto annexed, was presented and read; setting forth, "That a Decree was pronounced in the Court of Exchequer in Ireland, on the 8th of December 1777, in favour of the Respondents, and the Petitioners conceiving themselves aggrieved thereby have appealed therefrom to their Lordships: That the said Respondents have not yet perfected the said Decree, in order, as the Petitioners verily believe, to lay the heavy Expence of so doing upon them, or by omitting to perfect the same, to embarrass the Petitioners in the Prosecution of the said Appeal, the Respondents knowing that by the Rule of the House, the Petitioners would be obliged to set down the said Appeal for hearing at the Commencement of the present Session: That the Petitioners have been obliged, in Compliance with the said Rule, to bring the Cause out of the General Cause List in which it stood during the last Session, into that appointed for hearing, and the said Cause now stands Fourth in the said List: That nevertheless the said Decree is not yet signed or passed, so that the Petitioners, when the Day of Hearing shall come on, must be obliged to submit to the striking out of the said Appeal, and the Payment of Costs, unless the Petitioners may be permitted to strike the said Appeal out of the said List of Causes for hearing without Payment of Costs, and to set it down de novo in their Lordships General List of Causes not appointed for hearing, and to continue it in such List until the said Respondents shall have perfected the said Decree, and the Petitioners thereby enabled to take a Copy thereof, and to proceed with Effect in the Prosecution of their said Appeal;" and therefore praying their Lordships, "That they will be graciously pleased to take the Premises into Consideration, and make such Order therein, as to their Lordships shall seem just and fitting.

And thereupon the Agent for the Petitioners was called in, and heard at the Bar;

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed.

Manson against Pollard and Moser:

Upon reading the Petition of Samuel Pollard and Roger Moser, Defendants in a Writ of Error depending in this House, wherein Isaac Hanson 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 Petitioners do forthwith enter a Non-pros. on the said Writ of Error as desired; and that the Record be remitted to the Court of 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 Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Crost Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures and Commonable Grounds of Crost, in the County of Leicester;" to which they desire the Concurrence of this House.

Bury, &c. Road Bill.

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

With a Bill, intituled, "An Act for enlarging the Term of an Act, made in the Twenty-eighth Year of King George the Second, intituled, "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlingay and Potton, to a House called the Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge and Bedford;" to which they desire the Concurrence of this House.

Thirsk, &c. Road Bill.

A Message was brought from the House of Commons, by Sir Herbert Mackworth, and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-eighth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from Thirsk, over Skipton Bridge, through Baldersby to Baldersby Gate adjoining to Hutton Moor, in the Way to Ripon, and through Ainderby, Quernhow and Nosterfield, by Well Flashes Gate to Masham, in the County of York; and likewise for removing the Toll House and Turnpike Gates at Busby Stobb, in the said County, to some other convenient Place in the Road leading from Borough Bridge to the City of Durham;" to which they desire the Concurrence of this House.

Milston and Brigmerston Enclosure Bill.

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

With a Bill, intituled, "An Act for confirming and establishing the Division and Allotment of the Common or Open Fields and Common Downs, within the Manor of Milston and Brigmerston, in the County of Wilts;" to which they desire the Concurrence of this House.

Hartsmere, &c, Poor Bill,

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

With a Bill, intituled, "An Act for the better Relief and Employment of the Poor within the several Hundreds of Hartsmere, Hoxne and Thredling, in the County of Suffolk;" to which they desire the Concurrence of this House.

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

Leeds Coal Way Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for rendering more beneficial an Act, made in the Thirty-first Year of the Reign of King George the Second, intituled, "An Act for establishing Agreements made between Charles Brandling Esquire, and other Persons, Proprietors of Lands, for laying down a Waggon Way, in order for the better supplying the Town and Neighbourhood of Leeds, in the County of York, with Coals," by enabling the said Charles Brandling to supply annually a larger Quantity of Coals to and for the Use of the said Town and Neighbourhood; and for regulating the Prices of carrying Coals from the Repository at Casson Close."

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

It was resolved in the Affirmative.

Barkby Enclosure Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing, allotting and enclosing the Open Fields, Meadows and Commonable Places, in the Parish of Barkby, in the County of Leicester."

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

It was resolved in the Affirmative.

Stratford upon Avon Road Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Stratford upon Avon to Edghill in the County of Warwick; and for repealing the several Laws now in force, relating to the said Road."

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the three preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Eames and Mr. Montague:

To acquaint them, That the Lords have agreed to said Bills, without any Amendment.

Upton &c. Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing and amending several Roads leading from Upton, in the County of Worcester, and other Roads therein mentioned; and for amending the Road leading from the White Cross, in the Parish of Hanley Castle, in the said County, to the River Severn;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Gorman et al. against Mac Culloch et al. Pleadings proved.

The House being informed, "That William Gorman Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Francis Gorman Esquire, and others, are Appellants, and William Mac Culloch Esquire, 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 15^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Baillie against Chaigneau et al.:

This Day being appointed for hearing the Cause upon the Appeal of Arthur Baillie of Kilbride in the County of Carlow, in the Kingdom of Ireland, Esquire; complaining of Three Orders of the Court of Exchequer in Ireland, of the 6th and 30th of June, and 21st of November 1777, and of Two other Orders of the said Court of the 20th and 24th of February 1778; and praying, "That the same might be reversed and discharged, so far as the Petitioner's Interest in the Premises in Question is affected thereby, or that the Petitioner might have such other Relief, as to their Lordships, in their great Wisdom, should seem meet;" to which Appeal William Chaigneau, John Keogh and Sir Nicholas Lawless Baronet, are Respondents: Counsel appeared for the said Respondents; but none appearing for the Appellant, and the Counsel for the said Respondents, William Chaigneau and John Keogh, as also the Counsel for Sir Nicholas Lawless Baronet, having prayed an Affirmance of the said several Orders complained of with Costs:

The Counsel were directed to withdraw.

Orders Affirmed with Costs.

Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Appeal be, and is hereby dismissed this House, and that the said several Orders 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 Respondents, the Sum of Two hundred Pounds of lawful Money of Great Britain, for their Costs, in respect of the said Appeal.

Causes put off.

Ordered, That the Hearing of the Cause wherein Francis Gorman Esquire, and others, are Appellants, and William Mac Culloch and others, are Respondents, which stands appointed for Wednesday next, be put off to Friday next; and that the Cause which stands for Friday next, be put off to Monday next; and that the rest of the Causes, on Cause Days, be removed in Course.

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

Whitstable Cyster Fishery Bill.

Ordered, That the Bill, intituled, "An Act for the better Protection of the Oyster Fishery within the Manor and Royalty of Whitstable, in the County of Kent," be re-committed to the Committee to whom the said Bill stood committed; and that they do meet to consider the same To-morrow.

Rowlls et al. Petition referred to Judges.

Upon reading the Petition of John Rowlls of Kingston upon Thames, in the County of Surry, Esquire, and Elizabeth his Wife, for and on the Behalf of themselves, and of William Peter Rowlls and Charles Edwards Rowlls, the Two Infant Sons of the said John Rowlls the Elder, and Elizabeth his Wife; and also of John Rowlls the Younger, of Macclesfield, in the County of Chester, Esquire, eldest Son of the before-named John Rowlls; and of Thomas Brown Calley and Elizabeth his Wife, the only Daughter of the said John Rowlls and Elizabeth his Wife; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Redcliffe Charity, Trustees Petition referred to Judges.

Upon reading the Petition of several Persons, Trustees for the Time being, of certain Messuages and Tenements situate in Redeliffe Street in Bristol, granted and conveyed by Thomas Eden late of Broad Marston, in the Parish of Pebworth, in the County of Gloucester, in Trust for Charitable Purposes in the Conveyance mentioned; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

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

Bury, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term of an Act made in the Twenty-eighth Year of King George the Second, intituled, An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlingay and Potton, to a House called the Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge and Bedford."

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.

Thirsk, &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-eighth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from Thirsk, over Skipton Bridge, through Baldersby, to Baldersby Gate, adjoining to Hutton Moor, in the Way to Ripon; and through Ainderby, Quernhow and Nosterfield, by Well Flashes Gate to Masham, in the County of York; and likewise for removing the Toll House and Turnpike Gates at Busby Stobb in the said County, to some other convenient Place in the Road leading from Borough Bridge to the City of Durham."

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.

A Petition of Alexander Gray, Writer to His Majesty's Signet, was presented and read; setting forth, "That the Petitioner being advised to appeal to their Lordships against several Interlocutors of the Court of Session, pronounced in a Cause between him and Douglas, Heron and Company, Bankers in Ayr, had his Petition of Appeal prepared and settled by his Counsel; that the same was transmitted to his Solicitor on Friday last, to be presented to their Lordships; but the last Interlocutor complained of being dated the 14th of January last, the Appeal cannot be received in the regular Course, it appearing the same should have been presented within Three Weeks of the Judgement, and not Four Weeks, the Time allowed for Petitions from Ireland;" and therefore praying their Lordships, "That they will receive his said Appeal."

And thereupon the Agent for the Petitioner was called in, and heard at the Bar;

And being withdrawn:

Ordered, That the Petitioner be at Liberty to present his said Appeal, as desired.

Gray against Donglas et al.

Accordingly, Upon reading the Petition and Appeal of Alexander Gray, Writer to the Signet; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 30th of July, 10th of August and 26th of November 1778; and also of an Interlocutor of the Lords of Session there, of the 14th of January last; and praying, "That the same may be reversed or varied, in so far as they are prejudicial to the Interest of the Petitioner, 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 Messieurs Douglas, Heron and Company, and George Home their Factor, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Douglas, Heron and Company, and George Home their Factor, 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 15th Day of March next; and Service of this Order upon the said Respondents, or upon their known Agents or Procurators in the Court of Session in Scotland, shall be deemed good Service.

South Molton Road Bill.

A Message was brought from the House of Commons, by Sir George Yonge, and others:

With a Bill, intituled, "An Act for continuing the Term, and altering the Powers of an Act, made in the Thirty-second Year of the Reign of His late Majesty, for repairing, widening and rendering safe and commodious, several Roads leading from the Town of South Molton, in the County of Devon;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Complaint of The General Advertiser:

Notice being taken to the House, and Complaint made of several Paragraphs in a printed Newspaper, intituled, "The General Advertiser and Morning Intelligencer, Tuesday, December 29, 1778; printed and published by W. Parker:" Whereupon,

The said Paragraphs were read by the Clerk.

Printer to attend.

Then it was moved, "That W. Parker, Printer of "The General Advertiser and Morning Intelligencer, Tuesday, December 29, 1778, do attend this House To-morrow.

The Question was put thereupon?

It was resolved in the Affirmative.

Ordered, That the said W. Parker do attend this House To-morrow.

Admiral Byng, Letter from Members of Court Martial read;

It was moved, "That the Copy of a Letter from the Members of the Court Martial on the Trial of Admiral Byng to the Admiralty, written in January 1757, respecting their Confinement, and praying Relief, laid before the House on the 8th of this Instant February, might be now read."

The same was accordingly read by the Clerk.

Which done,

Courts Martial Bill.

The Duke of Bolton presented to the House, a Bill, intituled, "An Act to repeal so much of an Act passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled, "An Act for amending, explaining and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea," as directs that no Member of any Court Martial, after the Trial is begun, shall go on Shore, until Sentence be given.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time Time To-morrow.

Admiral Keppel, Charge against, and Sentence of Court Martial Ordered.

Ordered, That the proper Officer do lay before this House, "A Copy of the Charge exhibited by Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, on which the said Admiral has been tried by a Court Martial; and also of the Sentence of the said Court thereon.

Lords summoned.

Ordered, That the Lords be summoned to attend the Service of the House To-morrow.

Adjourn.

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

DIE Martis, 16^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Admiral Keppel, Charge against, and Sentence of Court Martial delivered.

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

He was called in, and delivered at the Bar pursuant to an Order of Yesterday for that Purpose,

"A Copy of the Charge exhibited by Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, on which the said Admiral has been tried by a Court Martial; and also the Sentence of the said Court thereon."

And the Title thereof, being read by the Clerk;

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

Bateman et Ux against Murray.

Ordered, That the Hearing of the Cause wherein John Bateman Esquire, and Olivia Countess of Rosse his Wife, are Appellants, and Sophia Murray Widow, is Respondent, which stands appointed for this Day, be put off to Thursday next.

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

Thanks of the House to Admiral Keppel.

It was moved, "That the Copy of the Charge exhibited by Vice Admiral Sir Hugh Palliser against the Honourable Admiral Augustus Keppel, on which the said Admiral has been tried by a Court Martial; and also of the Sentence of the said Court thereon, might be read."

The same was accordingly read by the Clerk.

Then it was moved, "That the Thanks of this House be given to the Honourable Admiral Augustus Keppel, for his distinguished Courage, Conduct and Ability in defending this Kingdom in the Course of the last Summer, effectually protecting its Trade as far as his Command extended, and more particularly for his having gloriously upheld the Honour of the British Flag, on the 27th and 28th of July last."

The same was agreed to.

Ordered, Nemine Dissentiente, That the Thanks of this House be given to the Honourable Admiral Augustus Keppel, for his distinguished Courage, Conduct and Ability in defending this Kingdom in the Course of the last Summer, effectually protecting its Trade as far as his Command extended, and more particularly for his having gloriously upheld the Honour of the British Flag, on the 27th and 28th of July last; and that the Lord Chancellor do cause the same to be transmitted to the said Admiral.

The Printer of The General Advertiser ordered to be attached.

The Order of the Day being read for the Attendance of W. Parker, Printer of The General Advertiser and Morning Intelligencer, Tuesday, December 29, 1778:

The Yeoman Usher acquainted the House, "That the said W. Parker was not attending as ordered."

Whereupon, John Copeland Doorkeeper, was called in, and being sworn and examined, acquainted the House, "That Yesterday Afternoon, at about Half an Hour past Six o'Clock, he served the said W. Parker per sonally with the Order of this House, for his Attendance this Day; that upon his asking him, "if he would attend?" he said, "it required some Consideration and Advice;" that the said W. Parker owned he was the Printer of the Paper mentioned in the Order; and that the said Witness went into a Back Room in Parker's House to him. Being asked, "if he had seen him about the House this Day?" said, he had not."

He was directed to withdraw.

Then it was moved, "That the Gentleman Usher of the Black Rod attending this House, do forthwith attach the Body of the said W. Parker, and keep him in safe Custody till the further Order of this House."

The Lord Chancellor acquainted the House, "That a Letter had just then been put into his Hand, signed W. Parker, but that he knew nothing of the Authenticity of its Contents." His Lordship then read the said Letter, which was as follows:

My Lord,

I am desired by the Honourable Temple Luttrell to declare, that he avows himself the Author of the Letter with his Name in my Morning Paper of December 29th last.

To the Right Honourable Lord Thurlow, Speaker of the House of Lords.

W. Parker."

Then the said Motion for attaching the said W. Parker was agreed to.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do forthwith attach the Body of the said W. Parker, and keep him in safe Custody till the further Order of this House; and this shall be a sufficient Warrant in that Behalf:

To Sir Francis Molyneux Knight Gentleman Usher of the Black Rod, attending this House, his Deputy or Deputies, and every of them.

Admiral Keppel, Letters relative to Court Martial, ordered.

Ordered, That the proper Officer do lay before this House, "Copies of all official Letters which have been written by Philip Stevens Esquire, Secretary to the Lords Commissioners of the Admiralty, to the Honourable Admiral Augustus Keppel, or written by the said Admiral to the said Secretary, relative to the Court Martial lately held at Portsmouth for the Trial of the said Honourable Admiral Augustus Keppel."

Court Martial Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to repeal so much of an Act passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled, "An Act for amending, explaining and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea," as directs that no Member of any Court Martial, after the Trial is begun, shall go on Shore, until Sentence be given:"

The said Bill was accordingly read a Second Time.

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

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

Greenwich Hospital Commission, &c. Ordered:

Ordered, That the proper Officer do lay before this House, "A Copy of His Majesty's Commission for the Royal Hospital for Seamen at Greenwich."

And also, "A Copy of His Majesty's Charter for incorporating the Commissioners and Governors of the Royal Hospital for Seamen at Greenwich, dated the 6th of December 1775."

Captain Baillie's Letter ordered:

Ordered, That the proper Officer do lay before this House, "A Copy of Captain Baillie's official Letter to Mr. Stephens, Secretary to the Admiralty, with the printed Case enclosed, March 26th 1778."

Letters from General Court to Admiralty, ordered.

Ordered, That the proper Officer do lay before this House, "Copies of all such Letters, Memorials, Minutes or Reports as have been received at the Admiralty from the General Court of the Commissioners and Governors from the Board of Directors, or from the Lieutenant Governor, or any of the Officers of Greenwich Hospital, upon the Subject of a printed Book, intituled, "The Case of the Royal Hospital for Seamen at Greenwich."

List of Officers of the Hospital ordered.

Ordered, That the proper Officer do lay before this House, "A List of all the Officers of Greenwich Hospital, both Civil and Military, with the Dates of their respective Appointments, distinguishing which of them have been at Sea."

Bury, &c. Road Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term of an Act made in the Twenty-eighth Year of King George the Second, intituled, An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlingay and Potton, to a House called the Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge and Bedford," 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."

Thirsk, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for enlarging the Term and Powers of an Act made in the Twenty-eighth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from Thirsk, over Skipton Bridge, through Baldersby, to Baldersby Gate, adjoining to Hutton Moor, in the Way to Ripon; and through Ainderby, Quernhow and Nosterfield, by Well Flashes Gate to Masham, in the County of York; and likewise for removing the Toll House and Turnpike Gates at Busby Stobb, in the said County, to some other convenient Place in the Road leading from Borough Bridge to the City of Durham," was committed.

Willson et Ux. Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of George Willson Esquire, and Jane his Wife, on Behalf of themselves and their Infant Son; 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 certain Lands, Tenements and Hereditaments, in the Counties of Hertford and Bucks (the Settled Estates of Jane Willson the Wife of George Willson Esquire in Trustees to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Lands, Tenements or Hereditaments, to be settled to the same Uses."

Upton, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing and amending several Roads leading from Upton, in the County of Worcester, and other Roads therein mentioned; and for amending the Road leading from the White Cross, in the Parish of Hanley Castle, in the said County, to the River Severn."

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

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

Hartsmere. &c. Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Relief and Employment of the Poor, within the several Hundreds of Hartsmere, Hoxne and Thredling, in the County of Suffolk."

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.

South Molton Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering the Powers of an "Act, made in the Thirty-second Year of the Reign of His late Majesty, for repairing, widening and rendering safe and commodious, several Roads leading from the Town of South Molton, in the County of Devon."

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.

Hogg against Hogg.

Upon reading the Petition and Appeal of Robert Hogg of Ramoir, complaining of sundry Parts of an Interlocutor of the Lord Ordinary in Scotland, of the 15th of July 1778, and of sundry Parts of Two Interlocutors of the Lords of Session there, of the 16th and 28th of January 1779; 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 just; and that Mary Hogg, Widow of Robert Gordon in Ramoir, now deceased, Factotrix loco Tutoris for her Children, may be required to answer the said Appeal:"

It is Ordered, That the said Mary Hogg Widow, may have a Copy of the said Appeal, and do put in her Answer thereunto in Writing, on or before Tuesday the 16th Day of March next; and Service of this Order upon the said Respondent, or upon her known Counsel, Agents or Solicitors in the Court of Session in Scotland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gray against Douglas et al.

The Answer of Messieurs Douglas, Heron and Company, and George Home, Writer to the Signet in Edinburgh, to the Appeal of Alexander Gray, Writer to the Signet, was this Day brought in.

Bateman et Ux. against Murrays:

After hearing Counsel this Day, upon the Petition and Appeal of John Bateman Esquire, and Olivia Countess of Rosse, his Wife; complaining of Two Orders or Decrees of the Court of Chancery in Ireland, of the 20th of July 1772, and 22d of April 1777; 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 Sophia Murray, Widow and Administratrix of George Murray deceased, and of William Murray, Son and Heir of the said George Murray, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees Reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Orders or Decrees complained of in the said Appeal, be, and the same are hereby Reversed; and it is further Ordered, That the Respondents Bill be dismissed.

Admiral Keppel's Answer to the Thanks of the House.

The Lord Chancellor acquainted the House, "That, pursuant to the Order of this House of Tuesday last, he had transmitted their Lordships Resolution of that Day, giving the Thanks of this House to the Honourable Admiral Augustus Keppel, "for his distinguished Courage, Conduct and Ability in defending this Kingdom in the Course of the last Summer, effectually protecting its Trade as far as his Command extended, and more particularly for his having gloriously upheld the Honour of the British Flag on the 27th and 28th of July last;" and that Yesterday he received a Letter from the said Admiral, in which he returned an Answer to the said Resolution;" which was read by the Clerk as follows; (videlicet)

My Lord,

The very distinguished Notice which the House of Lords has been pleased to take of my Services in the Course of the last Summer, confers on me the highest Honour. The Advantages which their Lordships have thought worthy of their Thanks, are due to God's Blessing, to the gallant Behaviour of many great and able Officers who served in the Fleet, and to the Bravery of the Seamen.

I can only say, that the warmest Gratitude for this great Honour and Favour, will make me ever desirous of meriting it by the most strenuous Endeavours to serve my Country.

I beg leave to return your Lordship my best Thanks for the flattering and polite Manner in which you have been pleased to communicate to me the Resolution of the House.

I have the Honour to be,
with much Respect,

your Lordship's most obedient and very humble Servant,

A. Keppel.

Audley Square,
17th February 1779.

Admiral Keppel, Proceedings of Court Martial on, ordered.

Ordered, That the proper Officer do lay befor this House, "A Copy of all the Proceedings of the Court Martial held on the Honourable Admiral Augustus Keppel, on a Charge exhibited against him by Sir Hugh Palliser."

Court Martial Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act passed in the Twenty second Year of the Reign of His late Majesty King George the Second, intituled, "An Act for amending, explaining and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea," as directs that no Member of any Court Martial, after the Trial is begun, shall go on Shore, until Sentence be given:"

It was moved, "That the House be adjourned during Pleasure, and put into a Committee upon the said Bill."

Which being objected to,

After Debate;

The Question was put thereupon?

It was resolved in the Negative.

Ordered, That the House be put into a Committee upon the said Bill To-morrow; and that the Lords be summoned.

Hartsmere &c. Poor Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for the better Relief and Employment of the Poor, within the several Hundreds of Hartsmere, Hoxne and Thredling, in the County of Suffolk," 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."

Upton, &c. Road Bill.

The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing and amending several Roads leading from Upton, in the County of Worcester, and other Roads therein mentioned; and for amending the Road leading from the White Cross, in the Parish of Hanley Castle, in the said County, to the River Severn," was committed.

South Molton Roads Bill.

The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term, and altering the Powers of an Act, made in the Thirty-second Year of the Reign of His late Majesty, for repairing, widening and rendering safe and commodious, several Roads leading from the Town of South Molton, in the County of Devon," was committed.

Edward's for a Bill.

Upon reading the Petition of Gerard Noel Edwards, an Infant, by the Honourable Lady Jane Edwards and the Right Honourable Henry Earl of Gainsborough, his Guardians; praying Leave to bring in a Bill for making the Exemplification of the last Will and Testament of Mary Edwards deceased, Evidence in all Courts of Law and Equity in Great Britain and Ireland:

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

Wheler et Ux. Petition referred to Judges.

Upon reading the Petition of Granville Wheler Esquire, and Sibylla Christian his Wife, late Sibylla Christian Haswell, Spinster; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. Justice Nares 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.

Willson's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements and Hereditaments, in the Counties of Hertford and Bucks (the Settled Estates of Jane Willson the Wife of George Willson Esquire) in Trustees to be sold or exchanged; and for laying out the Money to arise thereby, in the Purchase of other Lands, Tenements or Hereditaments, to be settled to the same Uses."

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

Their Lordships, or any Five of them, to meet on Friday the 5th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Edwards's Divorce Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Thomas Edwards Esquire, with Judith Williams 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.

Thirsk, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of an Act, made in the Twenty-eighth Year of the Reign of His Majesty King George the Second, intituled, "An Act for repairing and widening the Road from Thirsk over Skipton Bridge, through Baldersby, to Baldersby Gate, adjoining to Hutton Moor, in the Way to Ripon; and through Ainderby, Quernhow and Nosterfield, by Well Flashes Gate to Masham, in the County of York; and likewise for removing the Toll House and Turnpike Gates at Busby Stobb, in the said County, to some other convenient Place in the Road leading from Borough Bridge to the City of Durham".

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

It was resolved in the Affirmative.

Bury, &c. Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term of an Act, made in the Twenty-eighth Year of King George the Second, intituled "An Act for repairing the Road from a certain Place in Bury, in the County of Huntingdon, through Warboys, Old Hurst, Saint Ives, Hilton, Eltisley, Waresley, Gamlingay and Potton, to a House called the Spread Eagle in Stratton, within the several Counties of Huntingdon, Cambridge and Bedford:"

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

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Longlands to enter into Recognizance on Grays Appeal.

The House being moved, "That Thomas Longlands of Brewer Street, Gentleman, may be permitted to enter into a Recognizance for Alexander Gray, Writer to the Signet, on account of his Appeal depending in this House, he residing in Scotland:"

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

Spottiswoode to enter into Recognizance on Hogg's Appeal.

The House being moved, "That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Robert Hogg of Ramoir, 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.

Gray against Douglas et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein Alexander Gray, Writer to the Signet, is Appellant, and Messieurs Douglas, Heron and Company, and George Home their Factor, 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 nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 29^o Decembris 1797.

Hitherto examined by us,
F. Bristol.
Walsingham.
Bayning.

DIE Veneris, 19^o Februarii 1779.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Acton to take the Name of Lee, Bill.

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

With a Bill, intituled, "An Act to enable Nathaniel Lee Acton Esquire, and the Heirs Male of his Body, to take and use the Surname of Lee, before, and jointly with, the Surname of Acton, pursuant to the Will of Baptist Lee Esquire, deceased;" to which they desire the Concurrence of this House.

Taplow Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Commonable Lands and Waste Grounds, within the Parish and Manor of Taplow, in the County of Buckingham;" to which they desire the Concurrence of this House.

Madhouses Regulation Bill.

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

With a Bill, intituled, "An Act to continue an Act made in the Fourteenth Year of the Reign of His present Majesty, (intituled, "An Act for regulating Madhouses,") for a further Time therein limited;" to which they desire the Concurrence of this House.

Leicester, &c. Road Bill.

A Message was brought from the House of Commons, by Sir John Palmer, and others:

With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act, passed in the Twenty-sixth Year of the Reign of His late Majesty, for repairing the Road from the Borough of Leicester, in the County of Leicester, to the Town of Ashby-de-la-Zouch, in the said County;" to which they desire the Concurrence of this House.

Courts Martial Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to repeal so much of an Act passed in the Twenty-second Year of the Reign of His late Majesty King George the Second, intituled, "An Act for amending, explaining and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels and Forces by Sea," as directs, that no Member of any Court Martial, after the Trial is begun, shall go on Shore, until Sentence be given;" and for the Lords to be summoned;

The House was adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed:

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

Ordered, That the said Bill be engrossed.

Naval Chaplains receiving Bounty, List of, ordered.

Ordered, That the proper Officer do lay before this House, "A List of such Naval Chaplains as were entitled to, and actually did receive, the annual Bounty allowed by Parliament as a Reward for their Services, from the 7th Day of January 1770, to the last Day of December 1777; distinguishing the Number for each Year."

Greenwich Hospital, Governors summoned for General Court in 1778, &c, ordered:

Moved, "That the proper Officer do lay before this House, "A List of the Names of such Governors and Directors of Greenwich Hospital, as were actually summoned by the Secretary of the said Hospital, to attend the General Court held at the Admiralty Office in April 1778, to take into Consideration the Case and Memorial presented to the Admiralty Board by Lieutenant Governor Baillie, relative to Abuses committed in the said Hospital."

Then an Amendment was proposed to be made to the said Motion, by inserting at the End thereof, the following Words; (videlicet)

And also a Copy of the Advertisement or Advertisements published in the Gazette, for summoning the Members of the said General Court."

Which being objected to;

After Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

Then the said Motion, thus amended, was agreed to, and ordered accordingly.

List of Under Officers, ordered.

Ordered, That the proper Officer do lay before this House, "A List of all Under Officers, Servants and Persons, who are lodged in Greenwich Hospital, who are not Pensioners, with the Dates of their respective Appointments, either from the Admiralty or from their respective Principals, or of their coming into the Hospital; distinguishing which of them have been at Sea, or are Widows of Persons having served at Sea."

Navy, State of in 1771, Address for.

Moved, "That an humble Address be presented to His Majesty, to desire His Majesty will be graciously pleased to give Directions that there be laid before this House, "A State of the Royal Navy as it stood upon the Navy Board List in January 1771."

Which being objected to;

After long Debate,

The Question was put thereupon?

It was resolved in the Affirmative.

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

Admiralty Droits, Address for.

Ordered, That an humble Address be presented to His Majesty, to desire His Majesty would be graciously pleased to give Directions that there be laid before this House, "The State of the Droits of Admiralty, and the Receipts for the same, with whatever Payments have been made out of the same Droits."

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

Ships in Commission from 1751 to 1759, and from 1771 to 1778, Addresses for:

Ordered, That an humble Address be presented to His Majesty, to desire that His Majesty will be graciously pleased to give Directions that there be laid before this House, "A List of Ships in Commission from the Year 1751 to the Year 1759, both inclusive, distinguishing each Year."

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

Ordered, That an humble Address be presented to His Majesty, to desire that His Majesty will be graciously pleased to give Directions that there be laid before this House, "A List of Ships in Commission, from the Year 1771 to the Year 1778, both inclusive, distinguishing each Year."

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

Ships lost in same Period, Address for List of.

Ordered, That an humble Address be presented to His Majesty, to desire that His Majesty would be graciously pleased to give Directions that there be laid before this House, "A List of the Number of Ships and Vessels of War lost, taken or destroyed, between the Years 1751 and 1759; and a List of all those Ships and Vessels of War lost, taken or destroyed between the Years 1771 and 1779."

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

Admiral Byron's Instructions, Address for.

Ordered, That an humble Address be presented to His Majesty, to desire that His Majesty will be graciously pleased to give Directions that there be laid before this House, "The Instructions sent to the Honourable Vice Admiral Byron, so far as they relate to the Time of his sailing in June last, and to the first Port to which he was destined."

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

Lords summoned.

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

Causes put off.

Ordered, That the Hearing of the Cause wherein Francis Gorman Esquire, and others, are Appellants, and William Mac Culloch Esquire, and others, are Respondents, which stands appointed for this Day, be put off to Monday next; and that the Cause which stands 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 secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.