House of Lords Journal Volume 34: January 1775

Die Veneris, 20^o Januarii 1775

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subcribed the Oath of Abjuration, pursuant to the Statutes.

Edward Duke of Somerset.

Alexander Duke of Gordon.

Hugh Duke of Northumberland.

George Duke of Montagu.

Francis Earl of Huntingdon.

Brownlow Earl of Exeter.

Willoughby Earl of Abingdon.

George William Earl of Coventry.

Thomas Earl of Caffillis.

John Earl of Loudoun.

George Earl of Aberdeen.

William Earl of Strafford.

William Earl Fitzwilliam.

John Earl De Lawarr.

William Earl of Chatham.

William Lord Bishop of Chichester.

Frederick Lord Bishop of Exeter.

Charles Lord Bishop of Bath and Wells.

Edmund Lord bishop of Carlisle.

Brownlow Lord Bishop of Worcester.

John Peyto Lord Willoughby de Broke.

Robert Lord Romney.

Edwin Lord Sandys.

Matthew Lord Fortescue.

Lewis Lord Sondes.

Richard Lord Grosvenor.

Thomas Lord Pelham.

Edward Lord Beardieu.

L. Beaulieu et Ux. against D Montagu et al; Cross Appeal.

The Answer of the Most Noble George Duke of Montagu, and Mary Duchess of Montagu his Wife, and others, to the Cross Appeal of the Right Honourable Edward Lord Beardieu, and Isabella Lady Beaulieu his Wife, was this Day brought in.

Cope against Moor et al.

As was also, The joint and several Answer of George Moore and others, to the Appeal of Arthur Cope Enquire.

Candler against Candler et al.

And also, The joint and several Answer of Elizabeth Candler and others, to the Appeal of the Reverend Henry Candler Clerk, Doctor of Laws.

Causes put off.

Ordered, That the Hearing of the Cause, wherein Ann Salter Spinster, is Appellant, and Francis Hite and others, are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that die rest of the Causes be removed in course.

Bp. Worcester to preach on 30th January.

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

Pleadings proved in Three Causes.

The House being informed, That Walter Sweetman Gentleman, attended in order to deliver in Copies of Pleadings and Proceedings in Three Causes depending in this House, in the first of which Nicholas Ward Enquire, is Appellant, and Robert Hartpole Enquire, is Respondent; in the Second, Joseph Kane Enquire, is Appellant, and the Reverend Nicholas Hamilton is Respondent; and in the last, David Power is Appellant, and Samuel Windis is Respondent:

He was called in, and delivered the fame 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.

Orphans Fund, &c. Accounts delivered.

The House being informed, That a Person from the Office of the Chamberlain of the City of London attended:

He was called in, and delivered at the Bar, pursuant to Acts of Parliament:

An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1774.

An Account of Money received and paid in pursuance of the Act, for rebuilding the Gaol of Newgate, from the 28th Day of September 1773, exclusive, to the 28th Day of September 1774, inclusive.
An-Account of Money received and paid on Account of the Tolls on London. and Blackfriars Bridges, from the 29th Day of September 1773, exclusive, to the 29th Day of September. 1774, inclusive.
An Account of Money received and paid in pursuance of an Act, for building and completing Black Fryars Bridge, from the 28th of September 1773, exclusive, to the 28th of September 1774, inclusive.
An Account of Money received and paid in pursuance of an Act, for making, enlarging, amending, and cleansing, the Vaults, Drains, and Sewers, and for paving within the City of London, from the 28th Day of September 1773, exclusive, to the 28th Day of September 1774, inclusive.
An Account of Money received and paid in pur suance of an Act, for embanking Part of the North Side of the River Thames, from the 28th of September 1773, exclusive, to the 28th of September 1774, inclusive.

And then he withdrew.

And the Titles thereof being read by the Clerk.

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

North America Paper delivered.

The Earl of Dartmouth (by His. Majestys Command) laid before the House Papers relating to the Disturbances in North America, together with a Lift thereof; which was read by the Clerk, as follows; (videlicet),

Massachusetts Bay.
N^o 1. Extract of a Letter from the Earl of Dartmouth to the Honourable Governor Gage, dated Whitehall, 9th April 1774, enclosing,
2. Copy of Minute of the Treasury Board, on 31st March 1774.
3. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 19th May 1774, received 2 2d June, enclosing,
4. Extract from the Massachusetts Gazette, of 19th of May 1774.
5. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 31st May 1774, received 5th July, enclosing,
6. List of Counsellors, and Copy of the Governors Speech to both Houses.
7. Extract of a Letter from the Earl of Dartmouth to the Honourable Governor Gage, dated Whitehall 3d June 1774.
8. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Salem, 26th June 1774, received 2d August, enclosing,
9. Copy of the Address of the Council, and Governor Gages Reasons for refusing it
10. Copy of Resolves of the House of Representatives, before they proceeded to Business at Salem.
11. Copy of Address of the House of Representatives.
12. Copy of Resolves of the House of Representatives, 17th June 1774.
13. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Salem, 5th July 1774, received 2d August, enclosing,
14. Copy of a Proclamation.
15. Copy of a Circular Letter, and of a Paper called a League and Covenant.
16. Copy of Proceedings at a Town Meeting at Boston 27th June.
17. Copy of the Protest of several of the Inhabitants of the Town of Worcester against the Proceedings of the Town Meeting on 20th June.
18. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 20th July 1774, received 7th September,
19. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Salem, 27th July 1774, received 7th September, enclosing,
20. Copy of a Notification for a Town Meeting
21. Copy of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Salem, 27th August 1774, received 1st October, enclosing,
22. Lift of Counsellors.
23. Extrait of a Letter from Hampshire County, of 10th August 1774.
24. Copy of a Letter from the Boston Committee of Correspondence to the several Counties.
25. Copy of a Paper polled up at Salem.
26. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 2d September 1774, received Ist October, enclosing,
27. Copy of Minute of Council, held at Boston 31st August.
28. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 3d September 1774, received 1st October, enclosing,
29. Copy of a Letter from Lieutenant Governor Oliver to Governor Gage, dated 2d September.
30. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 20th September 1774, received 18th November, enclosing,
31. Copy of a Letter from the Judges of the interior Court of the County of Hampsttre.
32. Account of Proceedings against the inferior Court at Springfield, in the County of Hampshre.
33. Copy of Mr. Paines Account of the Proceedings at Worcester.
34. Copy of a Letter to Josiah Esdon Esquire, and Foirn of a Resignation as Counsellor, therein enclosed.
35. Copy of Proceedings at the Meeting of the Delegates of the County of Suffolk.
36. Copy of the Proceedings of the Committee of Correspondence in the County of Worcester.
37. Copy of Proceedings of the Committee Of Correspondence at Worcester 34, 9th August.
38. Reasons of the Grand and Petit Juries for declining to serve, delivered into Court 30th August 1774.
39. Copy of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 25th September 1774, received 18th November, enclosing,
40. Extract of a Letter from Major General Haidimandt dated 15th September.
41. Copy of a Paper posted up at New York.
42. Copies of Messages to Governor Gage, and of his Answer
43. Copy of Two Resolutions entered hito by the Congress at Philadelphia.
44. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 3d of October 1774, received 18th December, enclosing,
45. Copy of a Proclamation issued by Governor Gage, and Resolves of a Committee for the County of Worcester.
46. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 17th October 1774, received 23d December, enclosing,
47. Copy of Instructions given by the Committee of the County of Worcester to Mr. Timothy Bigelow, a Member chosen to re-present them in the Great and General Court of the Province of Massachusetts Bay.
48. Copy of Instructions given by the Committee of the County of Worcester to Mr. Timothy Bigelow, a Member chosen to represent them in the Provincial Congress at Concord.
49. Copy of an Address of the Committee of the County of Worcester to Governor Gage.
50. Copy of a Second Address of the Committee of the County of Worcester to Governor Gage.
51. Copy of Governor Gages Answer to the Committee of the County of Worcester,
52. Proceedings of a Congress of Committees for the County of Hampshire, in the Province of Massachusetts Bay, and Resolves of the County of Bristol.
53. Resolves of a Provincial Congress at Con card, October 14th, 1774.
54. Copy of a Message from the Provincial Congress at Concord to Governor Gege.
55. Copy of Governor Gags Answer thereto.
56. Extract of a Letter from the Honourable Governor Edge to the Earl of Dartmouth, dated Boston, 30th October and 2d of November 1774, received 2d January 1775, enclosing,
57. Copy of a Letter from the Honourable Peyton Randolph Enquire, President of the Continental Congress fitting at Philade U phia to the Honourable Governor Gage.
58. Copy of a Letter from the Honourable Governor Gage to the Honourable Peyton Randolph Enquire.
59. Copy of a message by a Committee from the Provincial Congress to the Honourable Governor Gage.
60. Proceedings of a Provincial Congress held at Cambridge, on the 21st and 26th of October 1774.
61. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, November 15th, 1774, received 3d January 1775 enclosing,
62. Copy of Proclamation issued by Governor Gage.
63. Extract of a Letter from the Honourable Governor Gage to the Earl of Dartmouth, dated Boston, 15th December 1774, received 10th January 1775, enclosing,
64. Proceedings of a Provincial Congress at Cambridge.
65. Copy of a Letter taken from the Boston Gazette.
66. Votes of the Assembly of Rhode Island.
67. Copy of an Act passed by the Assembly of
Admiralty,
68. Copy of a Note from Lord Viscount Lisurne to the Earl of Dartmouth, dated 1st October 1774, enclosing,
69. Copy of a Letter from Vice Admiral Graves to Mr. Stephens, dated Boston, 3d September 1774.
70. Copy of a Letter from the Lords Commissioners of the Admiralty to the Earl of Dartmouth, dated 15th November 1774, enclosing,
71. Extract of a Letter from Vice Admiral Graves to Mr. Stephens, dated Boston, 23d September 1774.
72. Copy of a Letter from the Lords Commissioners of the Admiralty to the Earl of Dartmouth, dated 14th January 1775, enclosing,
73. Extract of a Letter from Vice Admiral Graves to Mr. Stephens, dated Boston, 15th December 1774,
74. Extract of a Letter from Captain Wallace to Vice Admiral Graves, dated New Port, Rhode Island, 12th December 1774.
New Hampshire.
75. Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated 8th June 1774, received 2d August, enclosing,
76. Copy of a Letter from Mr. Samuel Adams, dated Boston, 12th May 1774.
77. Copy of a Resolution and of a Vote of the House of Representatives of New Hampshire, 28th May 1774.
78. Copy of Governor Wentworths message to the Assembly of New Hampshire, 8th June 1774
79. Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated 4th July 1774, received 2d August, enclosing,
80. Copies of Two Letters from Mr. Parry to Governor Wentworth, dated 29th June 1774.
81. Copies of Two Letters from Governor Wentworth to Captain Cochran, dated 29th June 1774.
82. Copy of a Letter from Captain Cochran to Governor Wentworth, dated 30th June 1774.
83. Copies of Two Letters from Mr. Parker to Governor Wentworth, dated 30th June 1774.
84. Copy of a Letter from (fn. 1) General Wentworth to the Earl of Dartmouth, dated 6th July 1774, received 2d August, enclosing,
85. Copy of his Speech to the Committee of Correspondence.
86. Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated 13th July 1774, received 7th September.
87. Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated 29th August 1774, received 1st October, enclosing,
88. Copy of Instructions for Colonel Folsom and Major Sullivan, appointed Delegates for the Province of New Hampshire.
89. Copy of a Letter from the Committee of Correspondence in New Hampshire, and Form of Non-Importation and Non-Consumption Agreement sent to the Towns in the Province.
90. Copy of Vote of a Town Meeting at Portsmouth.

91 Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated 13th September 17741 received 14th November, enclosing,
92. Copy of a Letter from Governor Wentworth to Captain Cochran, 18th July.
93. Copy of a Letter from Mr. Parry to Governor Wentworth, 8th September.
94. Extracts from the Proceedings of the Council of New Hampshire, on the 9th and 12th September.
95. Extract of a Letter from Governor Went worth to the Earl of Dartmouth, dated New Hampshire, 15th November 1,774, received 5th January 1775, enclosing;

Part of No. 96

96. Copy of Resolves of a Committee of the Towns of Portsmouth and Rochester.
97. Extract of a Letter from Governor Wentworth to the Earl of Dartmouth, dated New Hampshire, 2d December 1774, received 12th January 1775, enclosing,
98. Advertisements from the Committee of the Towns of Portsmouth and Durham.
New York.
99. Extract, of a Letter from Lieutenant Governor Colaen to the Earl of Dartmouth, dated New York, 4th May 1774, received 6th June, enclosing,
100. Extract from the New York Gazetteer, of 28th April 1774.
101. Extract: of a Letter from Major General Haldimand to the Earl of Dartmouth, dated New York, 15th May 1775, received 11th June, enclosing,
102. Copy of a Paper handed about at New York.
103. Extract: of a Letter from Major General Haldimand to the Earl of Dartmouth, dated New York, 1st June 1774, received 4th July,
104. Extract of a Letter from Lieutenant Governor Col den to the Earl of Dartmouth, dated New York, 1st June 1774, received 4th July, enclosing,
105. Copy of a Hand Bill.
106. Extract: of a Letter from Lieutenant Governor Colden to the Earl of Dartmouth, dated New York, 6th July 1774, received 17th August.
107. Extract of a Letter from Lieutenant Governor Colden to the Earl of Dartmouth, dated New York, 2d August 1774, received 7th September,
108. Extract of a Letter from Lieutenant Governor Colden to the Earl of Dartmouth, dated New York, 7th September 1774, received nth Oclober.
109. Extract of a Letter from Lieutenant Governor Colden to the Earl of Dartmouth, dated New York, 5th October 1774, received 10th November.
110. Extract of a Letter from Lieutenant Governor Colden to the Earl of Dartmouth, dated New York, 2d November 1774, received 13th December.
111 Extract of a Letter from ditto to ditto, dated New York, 7th December 1774, received 6th January 1775.
New Jersiy.
112. Extract of a Letter from Governor Franklin to the Earl of Dartmouth, dated Burlington, 31st My 1774, received 4th July 1774.
113. Extract of a Letter from Governor Franklin. to the Earl of Dartmouth, dated Burlington, 28th June 1774, received 12th August, enclosing,
114. Copy of the Resolves of the Freeholders of the County of Essex in New Jersey, 11th June 1774.
Pensylvania.
115. Copy of a Letter from, the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia, 31st May 1774, received 4th July.
116. Extract of a Letter from the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia, 5th July received 12th August.
117. Extract of a Letter from the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia, 30th July 1774, received 7th September enclosing,
118. Extracts from the Proceedings of the House of Representatives of Pensylvania.
119, Extracts from the Pensylvania Gazette of 27th July 1774.
120. Extract of a Letter from the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia 5th September 1774, received nth Oclober.
121. Copy of a Letter from the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia, 3d October 1774, received 10th November, enclosing,
122. Copies of Three Resolutions of the Congress at Philadelphia, extracted from the Pensylvania Gazette.
123. Copy of a Letter from the Deputy Governor of Pensylvania to the Earl of Dartmouth, dated Philadelphia 31st October 1774, received 13th December.
124. Extract of a Letter from ditto to ditto, dated Philadelphia, 4th November 1774, received 17th De cember.
125. Copy of a Letter from ditto to ditto, dated Philadelphia, 6th December 1774, received 6th January 1775
Virginina
126. Copy of a Letter from the Earl of Dunmore to the Earl of Dartmouth, dated Williamsburgh, 29th May 1774, received 4th July, enclosing,
127. Copy of an Order of the House of Burgesses on 24th May 1774
128. Copy of an Association signed by 89 Members of the late House of Burgesses.

129. Copy of a Letter from the Earl of Dunmore to the Earl of Dartmouth, dated Williamsburgh, 6th 1774, received nth July, enclosing,
130. Resolutions of the Inhabitants of the City of Annapolis, in the Province of Maryland, 25th May 1774.
131. Extract of a Letter from the Earl of Dunmore to the Earl of Dartmouth, dated Frederick County, in Virginia, 14th August 1774, received 8th October, enclosing,
132. Copy of an Association resolved upon at a Meeting of Delegates from the different Counties in Virginia.
133. Copy of Instructions for the Deputies appointed to meet in general Congress on the Part of the Colony of Virginia.
South Carolina
134. Extract of a Letter from Lieutenant Governor Bull to the Earl of Dartmouth, dated Charles Town, 31st July 1774, received 16th September, enclosing,
135. Extract from the South Carolina Gazette of nth July 1774.
136. Extract of a Letter from ditto to ditto, dated Charles Town, 3d August 1774, received 16th September, enclosing,
137. Copy of Proceedings in the Commons House of Assembly of South Carolina, on 2d August.
138. Extract of a Letter from Lieutenant Governor Bull to the Earl of Dartmouth, dated Charles Town, 23d November 1774, received 16th January 1775.
Georgia.
139. Extract of a Letter from Sir James Wright Baronet to the Earl of Dartmouth, dated Savannah, 25th July 1774, received 16th September.
140. Extract of a Letter from Sir James Wright Baronet to the Earl of Dartmouth, dated Savannah, 13th August 1774, received 12th October.
141. Extract: of a Letter from Sir James Wright Baronet to the Earl of Dartmouth, dated Savannah, 24th of August 1774, received 26th October, enclosing,
142. Copy of Hand Bill, dated 14th July 1774.
143. Copy of a Proclamation issued by Sir James Wright Baronet.
144. Copy of a Hand Bill, dated 27th July 1774.
145. Copy of Resolutions entered into at Savannah, 10th August 1774.
146. Extract, of a Letter from Sir James Wright Baronet to the Earl of Dartmouth, dated Savannah, 13th October 1774, received 4th January, 1775, enclosing,
147. Copies of Protests of the Inhabitants of several Districts in the Province of Georgia.
148 Copy of the Petition of sundry Persons on Behalf of themselves and the Inhabitants of several of His Majestys Colonies in America, received 21st December 1774.
149. Extracts from the Votes and Proceedings of the American Continental Congress held at Philadelphia on the 5th of September 1774.

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

Address, Motion for, to remove troops from Boston,

Moved, That an humble Address be presented to His Majesty, most humbly to advice and beseech His Majesty, That, in order to open the Ways towards an happy Settlement of the dangerous Troubles in America, by beginning to allay Ferments, and soften Animosities there; and above all, for preventing, in the mean Time, any sudden and fatal Catastrophe at Boston, now suffering under the daily Irritation of an Army before their Eyes posted in their Town; it may graciously please His Majesty, that immediate Orders may be dispatched to General Gage for removing His Majestys Forces from the Town of Boston, as soon as the Rigour of the Season, and other Circumstances indispensable to the Safety and Accommodation of the said Troops, may render the fame practicable.

Which being objected to;

After long Debate,

The Question was put thereupon ?

It was resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum tertium diem instantis Januarii, hora unde cima Auroras, Dominis sic decernentibus.

Die Lun, 23 Januarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

George Duke of St. Albans.

Henry Earl of Doncaster.

Henry Earl of Gainsbrough.

Vere Earl Poulet.

George Farl of Dalhousie.

Samuel Lord Masham.

Cuthbert against Mackenzie and Paterson

The Answer of Ann Mackenzie and Richard Paterson her Husband, (fn. 2) for his Interest to the Appeal of James Cuthbert of Farnese, was this Day brought in.

The House being moved, That a Day may be appointed for hearing the Cause wherein James Cuthbert of Farnese is Appellant, and Ann Mackenzie and Richard Paterson her Husband, and others, are Respondents:

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

Sir Jacob Wolff et Ux. Petition referred to Judges.

Upon reading the Petition of Sir Jacob Wolff Baronet, Baron of the Roman Empire, on Behalf of himself and of Ann, Elizabeth, Lucy, Charlotte, and Sophia, his infant Children, and of Dame Ann Wolff, Wife of the said Sir Jacob Wolff; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to Mr. justice Ashurst and Mr. Justice Nares, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who 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.

Raynsfords Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting certain Estates and Chattels, devised by the Will of Richard Raynsford Esquire, deceased, and Part of certain Estates comprised in a Settlement made on the Marriage of Richard Raynsford the Younger, Esquire, in Trustees, to fell the same;, and for applying the Money to arise by such Sale, in such Manner as in the said Aft mentioned.

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 the 7th Day of February next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.

Mayowss Petition referred to Judges.

Upon reading the Petition of Philip Wynell Mayow of Bray, in the County of Cornwall, Clerk, and John Salt Wynell Mayow Gentleman; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

L. Falconer against Taylor et al.

Upon reading the Petition and Appeal of William Lord Falconer of Halkerton, complaining of an Interlocutor of the Lords of Session in Scotland, of the 22d of December 1774; and praying, That the same may be reversed, varied, or amended, 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 Robert Taylor, David Beattie, John Lows Widow and Son, William Wylie, Robert Henry, John Beattie, John Lawrance, and Francis Smith, may be required to Answer the said Appeal:

It is Ordered, That the said Robert Taylor, and the said several other Persons last named, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of February next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Blackburn and Darley Petition referred to Judges.

Upon reading the Petition of the Reverend John Blackburn Clerk, Bachelor of Aits, and Vicar of the Parish and Parish Church of Bossall, in the County of York, and Henry Brewster Darley of Aldby Park, in the County of York, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

But tenshaw and Wood against Good-title, Writ of Eiror.

The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Henry Burtenshaw Gentleman, and William Wood, are Plaintiffs, and James Goodtitle is Defendant:

It is Ordered, That this House will hear the said Errors argued by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Davie against Verelst et al.

The House being informed, That Harry Verelst Esquire and others, Respondents to the Appeal of Thomas Davie Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Thomas Holland, of the Middle Temple, London, Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

E Fife et al. against Alex. Dunbar:

Upon reading the Petition of James Earl Fife and others, Appellants in a Cause depending in this House, and of Alexander Dunbar Esquire, Respondent thereto; setting forth, That the Matters in Dispute between the Parties are now under Compromise; and therefore praying their Lordships, That they may be at Liberty to withdraw their said Appeal:

Appeal with drawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

E Fife et al. against W. Dunbar.

Upon reading the Petition of James Earl Fife and others, Appellants in a Cause depending in this House, and of Walter Dunbar Respondent thereto, setting forth, That the Matters in Dispute between the Parties are now under Compromise; and therefore praying their Lordships, That they may be at Liberty to withdraw their said Appeal:

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

E. Fife et al. against Simpson:

Upon reading the Petition of James Earl Fife and others, Appellants in a Cause depending in this House, and of Joseph Simpson Respondent thereto; setting forth, That the Matters in Dispute between the Parties are now under Compromise; and therefore praying their Lordships, That they may be at Liberty to withdraw their said Appeal:

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

E. Fife ef al. against D Gordon et al.

Upon reading the Petition of James Earl Fife and others, Appellants in a Cause depending in this House, and of Alexander Duke of Gordon, and others, Respondents thereto; setting forth, That the Matters in Dispute between the Parties are now under Compromise; and therefore praying their Lordships, That they may be at Liberty to withdraw their said Appeal:

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Lady Northcote et al. Petition referred to Judges.

Upon reading the Petition of Dame Katherine Northcote, of Ottery Saint Mary in the County of Devon, Widow and Relict of Sir Stafford Northcote, late of Ottery Saint Mary aforesaid, Baronet, deceased, and the Guardian appointed in and by his last Will and Testament, of Sir Stafford Henry Northcote, their only Son, and of Catherine Jane Northcote and Maria Ann Northcote, their only Daughters, all now infants, and also of Charles Chichester, of Hall in the same County, Esquire, John Bradford, of Upton Pyne in the same County, Clerk, and John Bradford, of Pinkoe in the same County, Clerk, for and on the Behalf of the said Sir Stafford Henry Northcote, the infant, and of the said Catherine Jane Northcote and Maria Ami Northcote his infant Sifters; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Annan et al. against Chessells et al. Petition for a Bye-Day.

Upon reading the Petition of Helen Chessels and others, Respondents in a Cause depending in this House, to which Meilleurs Annan and Colquhoun and others are Appellants, which stands appointed for hearing; setting forth, That the Question on the present Appeal being of Scotch Law, the Petitioners retained a Scotch Counsel to argue the same at their Lordships Bar in the last Session of Parliament; and as it was of Consequence likewise to the Petitioners to have the Cause speedily determined, they were induced to apply to their Lordships lo have the Cause heard on a Bye-Day in the End of the Session; but their Lordships, from the Business then before the House, not being able to hear the same, it now stands in course for hearing on Monday next; that the Counsel employed being detained in Scotland by the Term of the Court of Session now sitting, and his Assistance being of Consequence to the Petitioners in a Question turning on the Law of Scotland; and therefore praying their Lordships, to put off the Hearing of this Cause to Tuesday the 21st of March next, or such other Bye or Cause Day in the present Session, as to their Lordships shall seem proper, the Agent for the Appellants having signed the said Petition, as consenting thereto:

It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Tuesday the 21st Day of March next, as desired.

Thicknesse against Leige; Petition for & Bye-Day.

Upon reading the Petition of Philip Thicknesse Esquire, Appellant in a Cause depending in this House, to which Peter Leige and others are Respondents; setting forth, That this Cause was, upon the Appellants Petition in the last Session of Parliament, set down to be heard on a Bye-Day in May, on Account of the Petitioners ill State of Health, and his being advised to go to the South of France for his Recovery; but by Reason of the Length of the other intermediate Causes, the same was not heard during that Session; and therefore praying, That the same may be now set down to be heard on Tuesday the 31st Day of this instant January, the Agent for the Respondents having signed the said Petition as consenting thereto:

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 31st Day of this instant January, as desired.

Cust and Lothian against Carron Company.

The House being informed, That the Carron Company in Scotland, Respondents to the Appeal of Peregrine Cust Esquire of London, Merchant, and David Lothian, Writer in Edinburgh, his Fastor or Attorney, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of Dotlaid Williamson, Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Nicol against Verelst et al.

The House being informed, That Harry Verelst Esquire and others, Respondents to the Appeal of James Nicol Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose.

And thereupon an Affidavit of Thomas Holland of the Middle Temple, London, Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.

Cuthbert against Mackenzies; Petition of Respondents to be admitted in forma Pauperis.

Upon reading the Petition of Ann Mackenzie, Wife of Richard Paterson Slater in Inverness, and her Husband for his Interest, Respondents to the Appeal of James Cuthbert of Farnese; setting forth, That the Petitioners being very poor, as appears by the Affidavit and Certificate annexed, and being served with an Order of their Lordships upon the said Appeal, are by reason of their Poverty unable to make their Defence as Respondents thereto, unless their Lordships are pleased to order them to be admitted so to do informa Pauperis; and therefore praying, Their Lordships will be pleased to order them to be admitted to defend as Respondents in this Cause in forma Pauperis, and to assign them for their Counsel Mr. Alexander Murray, and for their Solicitor Thomas Longlands.

It is Ordered, That the Petitioners be admitted to defend the said Appeal in forma Pauperis, and that Mr. Alexander Murray be assigned their Counsel, and Mr. Thomas Longlands their Solicitor, as desired.

Brown against Lackland:

Upon reading the Petition of Joseph Lackland, Defendant in a Writ of Error depending in this House wherein George Brown is Plaintiff:

Layton et al. against Walter.

Also, Upon reading the Petition of Abraham Walter, Defendant in a Writ of Error depending in this House, wherein Andrew Layton and others are Plaintiffs:

Taitt against Rice and Belson.

And also, Upon reading the Petition of John Rice and Richard Belson, Defendants in a Writ of Error depending in this House, wherein William Taitt is Plaintiff; setting forth, That the Plaintiffs have not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writs of Error may be nonprossd with such Costs as to their Lordships shall seem meet:

Writs of Error nonprossd with Courts.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writs of Error, as desired; and that the Records be remitted to the, Court of Kings Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House: And further, That the Plaintiffs 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 Judgements.

York Buildings Company against His Majestys Advocate et al.

Upon reading the Petition and Appeal of the Governor and Company of Undertakers for raising Thames Water in York Buildings, complaining of Part of an Order of the Court of Exchequer in Scotland, of the 13th of January 1757; also of an Order of the said Court of the 7th of February 1766; and also of another Order of the said Court, of the 21st of February 1767; also of certain Parts of Five several Orders of the said Court, of the 19th of July 1768; and likewise of Three several Orders of the said Court, of the 22d of November 1768; also of Two other Orders of the said Court, of the 25th of July and 28th of November 1769; as also of Five several other Orders of the said Court, of the 17th and 19th of February, the 18th of June, the 29th of July, and 4th of August, 1774; and also of Part of another Order of the said Court, of the 9th of December 1774; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that His Majestys Advocate for Scotland on Behalf of His Majesty and the Public, and the Creditors upon the Estate of Marischall, may be required to Answer the said Appeal:

It is Ordered, That His Majestys said Advocate for Scotland, and the Creditors upon the Estate of Marischall, 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 20th Day of February next; and Service of this Order upon the Counsel, Agents, or Solicitors, of the said Respondents, in the said Court of Exchequer in Scotland, shall be deemed good Service.

Adjourn

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quintum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 25^o Januarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Lade et Ux. against Walker and Johnston, in Error.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein Michael Lade Esquire and Sophia his Wife, late Sophia Baroness Dowager Cranstoun, Widow, Executrix, &c. of James Baron Cranftoun her late Husband, deceased, are Plaintiffs; and Mathias Walker and Thomas Johnston are Defendants.

Hume et al. against E. Ely et al.

The several Answer of the Right Honourable Henry Earl of Ely, and others, to the Appeal of Gustavus Rochfort Hume, an infant under the Age of Twenty-one Years, and others, was this Day brought in.

Burke et al. against Puxley et al.

As was also, The several Answer of Mary Puxley and others, to the Appeal of John Burke Esquire and Margaret his Wife, and others.

Cope against Rose.

And also, The Answer of John Rose to the Appeal of Arthur Cope.

V. Courtenay takes the Oaths.

This Day William Viscount Courtenay took the Oaths and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Salter against Hue et al.

After hearing Counsel in Part in the Cause, wherein Ann Salter Spinster is Appellant, and Francis Hite and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow, and that Counsel be called in at Half an Hour past One oClock.

E Fauconbeigs. Petition referred to Judges.

Upon reading the Petition of Henry Earl Fauconberg, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum sextum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 26^o Januarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. Selkirk against Douglas.

The Answer of Archibald Douglas, of Douglas, Esquire, to the Appeal of Dunbar Earl of Selkirk was this Day brought in.

Salter against Hite et al.

After hearing Counsel further in the Cause, wherein Ann Salter Spinster is Appellant, and Francis Hite and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which stands for To-morrow be put off to Wednesday next, and that the rest of the Causes on Cause Days be removed in course.

Burtenshaw and Wood against Goodtitle, Wait of Error; Petitions for and against a Bye-Day.

A Petition of James Goodtitle, Defendant in a Writ of Error depending in this House, wherein Henry Burtenshaw Gentleman and William Wood are Plaintiffs, was presented and read; setting forth, That the Petitioner apprehends the said Writ of Error is brought merely for Delay, and to harrass and oppress the Petitioner; and in regard a Judgement in Ejectment has been given, after solemn Argument for the Petitioner in the Court of Kings Bench, and a Judgement of the Kings Bench in the present Action for Mesne Profits has been affirmed in the Court of Exchequer Chamber; and therefore praying, Their Lordships will be pleased to appoint a mort Bye-Day for hearing the Errors assigned by the Plaintiffs, or that their Lordships will be pleased to make such other Order in the Premises, as to their Lordships, in their great Wisdom, shall seem meet.

Then a Petition of Henry Burtenshaw Gentleman and William Wood, Plaintiffs in a Writ of Error depending in this House, wherein James Goodtitle is Defendant, was presented and read; setting forth, That Ann Weston Widow claiming Title to the Premises in question, brought her Ejectment in or about Easter Term 1771, in the Name of her nominal Plaintiff James Goodtitle, against the Petitioners, for the Recovery of certain Freehold Lands in the Parish of Ringmer in the County of Sussex, which Ejectment was tried at the Sussex Summer Assizes in 1771; and a Verdict was then, by Consent of the Parties, given for the Plaintiff, subject to a Case stated for the Opinion of His Majestys Court of Kings Bench at Westminster; which Case, after several Arguments had thereon, was determined by that Court in Trinity Term 1772, in savour of the Plaintiffs Lessor Ann Weston, and a Writ of Possession was executed to her on that Judgement on the 19th of January 1773, That the Petitioner Henry Burtenshaw having been advised so to do, did, on the said 19th of January 1773, bring his Ejectment in his Majestys Court of Exchequer at Westminster, as Landlord of the Premises in question, in the Name of Christopher Evans his nominal Plaintiff, to recover back the Possession of the Lands in question, and laid his Demise on the nth of the same January; and the said Ann Weston appeared, and Caused herself to be made Defendant therein, and pleaded thereto, and Issue being joined therein, the same was tried at the Sussex Lent Assizes in 1773, when the Jury found a Special Verdict thereon, which Verdict hath been sundry Times argued on the Plea Side of that Court, and the Arguments of Counsel on both Sides were finished therein last Michaelmas Term; but the said Court postponed giving their Judgement therein until this present Hilary Term; and although the said Judgement hath not as yet been given, the same is expected to be soon pronounced in favour of the Petitioner Henry Burtenshaw : That said Ann Weston, after the Petitioner Henry Burtenshaw had so brought his Ejectment so pending in the Exchequer, to wit, in Hilary Term 1773, brought her Action in the Name of said James Goodtitle, in His Majestys said Court of Kings Bench, against the Petitioners, for the Recovery of the Mesne Profits of the Premises in question, from the Time of the Demise in her Ejectment to the Time the took Possession thereof as afore-said, and recovered .130 2 s. 4d. Damages on a Writ of Enquiry executed against the Petitioners; whereupon the Petitioner Henry Burtenshaw filed his Injunction Bill in the Exchequer against said Ann Weston, to restrain her from proceeding in the said Action by reason of the Pendency of the said Special Verdict, thereby offering to pay her Damages and Costs into that Court, and stating the Poverty of said Ann Weston, independent of the Premises in question; whereto the put in her Answer, and shewing Cause, the said Court refused to grant any Injunction; wherefore the Petitioners were advised to bring a Writ of Error in the Exchequer Chamber upon the said Judgement in the Kings Bench for the Mesne Profits; and the said Judgement having been, affirmed in the Exchequer, the Petitioners were then advised to bring a Writ of Error thereon, returnable before there Lordships in Parliament, with no other View than to postpone the Payment of the said Damages till after the Judgement of the Exchequer could be had upon the said Special Verdict; and for that said Ann Weston is in low and indigent Circumstances (independent of the Premises in question); and the Petitioners do verify believe, that if they should pay her the said Damages, and should afterwards recover back from her the Premises in question by the Judgement of the said Court now pending, she will be utterly unable to repay the same; and for that the Petitioners are advised, that if the said Judgement so pending should be in their Favour, His Majestys Court of Chancery would grant an Injunction to restrain her from issuing any Execution against the Petitioners for the said Damages; and therefore praying, Their Lordships will be pleased to order that this Cause may not be forwarded, but that the same may stand for Hearing in the Order and Course in which the same is already set down to be heard before their Lordships, in order that the Petitioners may have Time to obtain the Judgement of the said Court of Exchequer this Term, and to file their said Injunction Bill if such Judgement shall happen to be in their Favour; or that their Lordships will be pleased to make such other Order in the Premises, as to their Lordships, in their great Wisdom, shall seem meet.

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

And being withdrawn,

Ordered, That the Petition of James Goodtitle, Defendant in the said Writ of Error, be rejected.

Burke et al. against Puxley et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein John Burke Esquire and Margaret his Wife, and others, are Appellants, and Mary Puxley and others, are Respondents:

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

Cope against Rose et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Arthur Cope Esquire is Appellant, and John Rose and others are Respondents:

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

Mackenzie to enter into Recognizance on L. Falconers Appeal.

The House being moved, That John Mackenzie, of the Middle Temple, Gentleman, may be permitted to enter into a Recognizance for William Lord Falconer, of Halkerton, on Account of his Appeal depending in this House, he rending in Holland;

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

Coehran to inter into Recognizance on the York Buildings Companys Appeal.

The House being moved, That William Cochran, of Saint Albans Street, Westminster, Gentleman, maybe permitted to enter into a Recognizance for the Governor and Company of Undertakers for raising Thames Water in York Buildings on Account of their Appeal depending in this House, they residing in Scotland:

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

America, Papers relating to Disturbances in, to be considered.

Ordered, That the several Papers delivered by the Earl of Dartmouth, on the 20th of this instant January, (by His Majestys Command), relating to the Disturbances in America, be taken into Consideration on Thursday next, and the Lords summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 27^o Januarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Bp Salisbury takes the Oaths.

This Day John Lord Bishop of Salisbury, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Salter against Hite et al.

After hearing Counsel further in the Cause, wherein Ann Salter Spinster is Appellant, and Francis Hite and others are Respondents:

It is Ordered, That the further Consideration of the said Cause be adjourned till Tuesday next.

Cotton, &c. Manufactures Utensils Bill.

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

With a Bill, intituled, An Act to repeal so much of an Act, made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to prevent the Exportation to Foreign Parts of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom as relates to Tools and Implements used in the Woollen Manufactures of this Kingdom, intended to be exported to any of His Majestys Colonies or Plantations in America; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Ross against Meggott et al.

Upon reading the Petition of John Smith Meggott and others, Defendants in a Writ of Error depending in this House, wherein Isaac Ross is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House; and therefore praying, That the said Writ of Error may be nonprossd, with such Costs as to their Lordships shall seem meet:

Writ of Error nonprossd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, That the Plaintiff in Error do pay, or Cause to be paid, to the Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgement.

Thicknesse against Liege et al.

Ordered, That the Hearing of the Cause wherein Philip Thicknesse Esquire is Appellant, and Peter Liege and others are Respondents, which Hands appointed for Tuesday next, be put off to Tuesday the 7th of February next.

Beckford against Beckford; Petition to put off the Hearing, rejected.

A Petition of John Beckford Esquire, Appellant in a Cause depending in this House, to which William Beckford Esquire, an infant, by Elizabeth March Spinster, his next Friend, is Respondent, was presented and read; setting forth, That this Appeal stands the Seventh in their Lordships Paper of Causes, and in regard the Petitioner is advised that he cannot safely hear the said Appeal without several Deeds, Papers, and Writings, which the Petitioner has sent for, and which the Petitioner believes (fn. 3) is now coming from Jamaica: That the Petitioners Solicitor has made Proposals to the Respondents Solicitor, for accommodating the Matters in question in this Appeal; and therefore praying their Lordships, That this Appeal may be adjourned next after all the Appeals already appointed to be heard before their Lordships.

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

And being withdrawn, Ordered, That the said Petition be rejected.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, tricesimum diem instantis Januarii, hora decima Auror, Dominis sic decernentibus.

Die Lun, 30^o Januarii 1775.

Domini tam Spirituales quam Temporales prsentes 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, prsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 31^o Januarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Lords take the Oaths

The Lords following took the Oaths, and made and Lords take subscribed the Declaration, and also took and subscribed the Oaths, the Oath of Abjuration, pursuant to the Statutes:

Thomas Duke of Leeds.

Henry Earl of Darlington.

William Lord Craven.

Thomas Lord King.

Davie against Verelst et al.

The joint and several Answer of Harry Verelst Enquire and others, to the Appeal of Thomas Davie Esquire, was this Day brought in.

Nicol against Verelst et al.

As was also the joint and several Answer of Harry Verelst Esquire and others, to the Appeal of James Nicol Esquire.

Salter against Hite et al.:

The Order of the Day being read for the further Consideration of the Cause, wherein Ann Salter Spinster is Appellant, and Francis Hite and others are Respondents:

The House proceeded to take into Consideration what had been offered on either Side in this Cause.

And it being moved, To reverse the Orders of the Court of Chancery, of the 20th of January and 8th of February 1774, complained of in the said Appeal:

The same was objected to:

After Debate;

The Question was put, Whether the Orders complained of in the said Appeal shall be reversed?

It was resolved in the Affirmative.

Whereupon, the following Order and Judgement was made:

Judgement.

After hearing Counsel as well on Wednesday as on Thursday and Friday last, upon the Petition and Appeal of Ann Salter Spinster, complaining of Two Orders of the Court of Chancery, of the 20th of January and 8th Days of February 1774; and praying, That the same might be reversed, or such other Order made in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Francis Hite, Edward Ramsey and Jane his Wife, John Partridge the elder, John Partridge the younger, and Samuel Mare, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Orders, complained of in the said Appeal, be, and the same are hereby reversed.

Thanks to the Bp. of Worcester for his Sermon.

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

Sir John Powell Price et al against Goodtitle, in Error.

The Lord Chief Baron of the Court of Exchequer, in the usual Manner, delivered in a Writ of Error, brought in order to reverse a Judgement given by the Barons of the Exchequer at Westminster, among the Pleas of the Term of the Holy Trinity, in the 13th Year of the Reign of His present Majesty; in which Sir John Powell Price Baronet, Richard Sayre, and Peter Davies, are Plaintiffs, and John Goodtitle is Defendant.

Longs Petition resened to Judges.

Upon reading the Petition of Charles Long, of Stistead, in the County of Essex, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Cooke et al. Petition referred to Judges.

Upon reading the Petition of Robert Cooke, of Kenbury in the County of Devon, Esquire, Committee of the Estate of John Cooke a Lunatic, and which said John Cooke is the Heir at Law of Robert Stone Gentleman, deceased, and the Reverend Thomas Rennell Clerk, and Elizabeth Brown, Creditors of the said Robert Stone; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Nicol against Verelst et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein James Nicol Esquire is Appellant, and Harry Verelst Esquire and others are Respondents:

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

Davie against Verelst et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Thomas Davie Esquire is Appellant, and Harry Verelst Esquire and others are Respondents:

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

Cotton, &c. Manufactures Utensils, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to repeal so much of an Act, made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to prevent the Exportation to Foreign Parts, of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom; as relates to Tools and Implements used in the Woollen Manufactures of this Kingdom, intended to be exported to any of His Majestys Colonies or Plantations in America.

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.

Bp. Winchester and Hill against St John, in Error.

The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein John Lord Bishop of Winchester and Robert Hill Clerk are Plaintiffs, and Goodyer Saint John Esquire is Defendant.

The House being moved, That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein John Lord Bishop of Winchester and Robert Hill Clerk are Plaintiffs, and Goodyer Saint John Esquire is Defendant:

It is Ordered, That this House will hear the said Errors argued, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

Complaint of The Public Ledger. and the Printer to be attached.

Complaint was made to the House of certain Paragraphs in a printed Newspaper, intituled, The Public Ledger, Monday, 23d January 1775; Printed for H Randall, in Globe Court, Shoe Lane, Ten Doors from Fleet Street; containing an Account of the Proceedings of the House.

The said Paragraphs were read by the Clerk.

Then Mr. Charles. Martyn and Mr. Hugh Lloyd were called in and sworn, and the said Paper being hewn to the said Mr. Hugh Lloyd, he acquainted the House, That he bought the said Paper at the Shop of the said K Randall, in Shoe Lane.

Ordered, That the Gentleman Usher of the Black Rod attending this House, do forthwith attach the Body of the said H. Randall, and bring him in safe Custody to the Bar of this House To-morrow to Answer for his Offence; 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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Februarii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.