Journal of the House of Lords Volume 35, 1776-1779. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 35: February 1777 11-20', in Journal of the House of Lords Volume 35, 1776-1779( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol35/pp48-66 [accessed 23 December 2024].
'House of Lords Journal Volume 35: February 1777 11-20', in Journal of the House of Lords Volume 35, 1776-1779( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol35/pp48-66.
"House of Lords Journal Volume 35: February 1777 11-20". Journal of the House of Lords Volume 35, 1776-1779. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol35/pp48-66.
In this section
February 1777 11-20
DIE Martis, 11o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Peers Pedigreesreported.
The Lord Scarsdale reported from the Lords Committees for Privileges appointed to consider of the Pedigrees of several Peers, "That the Committee had met, and considered of the Pedigrees of Thomas Earl of Clarendon, Robert Viscount Hampden, George Lord Cranley, Jeffery Lord Amherst, and Francis Lord Osborne; and had examined Mr. Heard and Mr. Bigland Heralds, upon Oath, in relation there to, at the Bar, who fully verified the same, together with the Proofs thereof; and that the said Lords had respectively signed and certified the same to be true, to the best of their Knowledge, Information, and Belief, upon their Honour, pursuant to the Orders of this House."
Ladbroke's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Robert Ladbroke Esquire, in the City of London, and Counties of Middlesex, Northampton, Berks, and Warwick, in Trustees, to be sold; and for laying out the Monies to arise thereby, in the Purchase of other Manors, Lands, and Hereditaments, to be settled to the same Uses as the said Settled Estates now stand limited."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Wednesday, the 26th Day of this instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
D. Manchester's Estate Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the several Rectories, Parsonages, Churches, and Chapels of Rockburne, Breamore, South Charford, Hale, Whitsbury, and Quidesley, with the Glebe Lands, Tythes, and other Appurtenances thereto respectively belonging, Part of the Settled Estate of the Most Noble George Duke of Manchester, in Trustees, upon certain Trusts therein expressed; and for settling other Lands and Hereditaments of the said Duke, in lieu thereof, to the several Uses therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Agniton's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing William Aguiton."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Montague and Mr. Leeds:
To carry down the said Bills, and desire their Concurrence thereto.
Kidderminster, &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to repeal an Act of the Thirty-third of His late Majesty, "for amending, widening, and keeping in Repair, several Roads leading from the Market-house, in the Town of Kidderminster, in the County of Worcester; and also to repeal so much of Two Acts of the Tenth of His late Majesty, and the Seventh of His present Majesty, as relate to the Road from The Mitre Oak to a Farm House called Goodness, and from Titton Brook to the Hamlet of Wribbenhall, in the said County; and to discontinue the Powers of an Act of the Eighth of His present Majesty, so far as relate to the Road from the Cross of the Hands near Goodness Farm to a Place called The Spout; and for more effectually amending, widening, and keeping in Repair, the several Roads described in the first-mentioned Act; and also several other Roads therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Thorpe Malsor Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields, Common Meadows, and Common Pastures, within the Manor and Parish of Thorpe Malsor, in the County of Northampton."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Tansor Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields, Meadows, Commonable Lands, and Waste Grounds, in the Parish of Tansor, in the County of Northampton."
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Jackson et Ux. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of William Jackson of Swaffham, in the County of Norfolk, and Hannah his Wife; 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 1a vice lecta est Billa, intituled, "An Act to enable William Jackson, and Hannah his Wife, to carry into Execution an Agreement for Sale of certain Hereditaments, situate at or near Barney, in the County of Norfolk, (being their Settled Estate), to Richard Reeve the younger, Gentleman; and for laying out the Money arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estate doth now stand limited."
Osman et Ux. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend Henry Osman Clerk, and Mary his Wife, on Behalf of themselves and their Five Infant Daughters; 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 1a vice lecta est Billa, intituled, "An Act for vesting the undivided Moiety of the Reverend Henry Osman Clerk, and Mary his Wife, of and in certain Lands and Hereditaments, in the Parish of King's Langley, in the County of Hertford, in Trustees, to be sold; and for applying Part of the Money arising by such Sale, in Discharge of an Incumbrance upon the said Moiety; and for laying out the Residue thereof, in the Purchase of entire Messuages, Lands, or Hereditaments, to be settled, in lieu thereof, to the same Uses."
Centlivres Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Centlivres."
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 Monday next, at the usual Time and Place; and to adjourn as they please.
Banning's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Ernest Bernard Banning."
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.
Vlught's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Willem Vlught."
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.
Healey against Copley et al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein George Healey Gentleman is Appellant, and Thomas Copley and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Monday the 10th Day of March next.
Crawfurd to enter into Recognizance on Sir Lawrence Dundas's Appeal.
The House being moved, "That Gibbs Crawfurd of Essex Street, Westminster, Gentleman, may be permitted to enter into a Recognizance for Sir Lawrence Dundas Baronet, on Account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said Gibbs Crawfurd may enter into a Recognizance for the said Appellant, as desired.
Irving to enter into Recognizance on Blair's Appeal.
The House being moved, "That John Irving of The Middle Temple, London, Gentleman, may be permitted to enter into a Recognizance for David Blair of Dunskey Esquire, on Account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said John Irving may enter into a Recognizance for the said Appellant, as desired.
Letters of Marque Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels, employed in Trade or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time."
After some Time the House was resumed:
And the Lord Scarsdale reported from the Committee, "That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same."
Ordered, That the said Report be received on Friday next.
Message from H. C. to return Hartley's Bill.
A Message was brought from the House of Commons, by Sir George Savile and others:
To return the Bill, intituled, "An Act for vesting in David Hartley Esquire, his Executors, Administrators, and Assigns, the sole Use and Property of a certain Method, by him invented, of securing Buildings and Ships against the Calamities of Fire, throughout His Majesty's Dominions, for a limited Time;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
Great Torrington Common, Callon's Bill.
A Message was brought from the House of Commons, by Mr. Walter and others:
With a Bill, intituled, "An Act to enable the Mayor, Aldermen, and Burgesses, of the Town of Great Torrington, in the County of Devon, and other Trustees, to grant Part of the Common or Waste Lands, called Great Torrington Common, to William Callon, pursuant to an Agreement for that Purpose; and other the Purposes therein mentioned;" to which they desire the Concurrence of this House.
Henfield, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Newnham and others:
With a Bill, intituled, "An Act for repairing and widening the Road leading from The Maypole, in the Town of Henfield, over Poynings Common, to the Town of Brighthelmstone, and from Poynings Common aforesaid, to Highcross, in the Parish of Albourne, and from thence, for the Distance of Two Furlongs of the Road or Lane leading towards Twineham, and from the Marle Pit, near the Bottom of Saddlescombe Hill, in the Parish of Newtimber; to the Marle Pit fronting Newtimber Broad Lane, in the same Parish, in the County of Sussex;" to which they desire the Concurrence of this House.
Pernoud's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Elwes and others:
With a Bill, intituled, "An Act for naturalizing Marcellin Pernoud;" to which they desire the Concurrence of this House.
Soltau's et al. Nat. Bill.
A Message was brought from the House of Commons, by Mr. Elwes, and others:
With a Bill, intituled, "An Act for naturalizing George William Soltau, Gerhard Berck, Henry Albrecht Hammelburg, and Gunter Henry Kroger;" to which they desire the Concurrence of this House.
Leeds, &c. Road Bill.
A Message was brought from the House of Commons, by the Lord George Cavendish and others:
With a Bill, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Roads from the Town of Leeds, through Harwood, to the South-west Corner of the Enclosures of Harrogate, and from thence, in Two Branches, One through Ripley, over Burage Green, and the other, through Knaresbrough and Boroughbridge, to Ripon, and from thence to the First Rill of Water or Watercourse on Hutton Moor, in the County of York; and for repairing the Sloughs or Rutts on the said Moor, so far as the same relates to the Road leading from the South-west Corner of the Enclosures of Harrogate, through Knaresbrough, to Boroughbridge;" to which they desire the Concurrence of this House.
The said Five Bills were, severally, read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Mortimer and Kirkman against Lloyd:
After hearing Counsel, this Day, upon the Petition and Appeal of Hans Wintrop Mortimer Esquire, and Robert Kirkman Gentleman, complaining of an Order or Decree of the Court of Exchequer of the 11th of December 1775; and praying, "That the same might be reversed and set aside, 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 Owen Lloyd Clerk, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Order 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 or Decree therein complained of be, and the same is hereby affirmed.
E. Tyrconnel for a Divorce Bill:
Upon reading the Petition of the Right Honourable George Carpenter Earl of Tyrconnel in the Kingdom of Ireland; praying Leave to bring in a Bill to dissolve his Marriage with the Right Honourable Lady Frances Manners, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, The Earl of Marchmont presented to the House a Bill, intituled, "An Act to dissolve the Marriage of George Carpenter Esquire, Earl of Tyrconnel in the Kingdom of Ireland, with the Right Honourable Lady Frances Manners, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Monday the Third Day of March next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said George Carpenter Esquire, Earl of Tyrconnel, may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Lady Frances Manners may have a Copy of the Bill, and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.
Bedford, &c. Road Bill.
A Message was brought from the House of Commons, by the Lord Ongley and others:
With a Bill, intituled, "An Act for repairing and widening the Road from Stall-gate Close, at the South-west End of the Town of Bedford, to the Town of Ampthill, and from the said Town of Ampthill to Woburn Park, in the County of Bedford; and also the Road branching out of the same, in Kempston Field, to the Turnpike Road leading from Hitchin to the said Town of Bedford;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Clarke et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Rupert Clarke Esquire, and others; 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 1a vice lecta est Billa, intituled, "An Act to discharge certain Copyhold Premises, in the Parish of Heston, in the County of Middlesex, from the Uses and Trusts thereof, declared by the Will of Mary Wotton deceased; and to subject and charge the same Copyhold Premises, and also certain Freehold Lands lying contiguous thereto, within the said Parish, with the Payment of a perpetual Yearly Rent Charge of Twelve Pounds, to the Reverend John Gibson Clerk, and his Successors, Vicars of the said Parish, for the Use of the Poor of the same Parish; and for settling and assuring the same Premises so charged in the Trustees of Rupert Clarke Esquire, upon the Trusts therein mentioned."
Hatherne 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, Commons or Waste Grounds, within the Lordship or Liberty and Parish of Hatherne, in the County of Leicester;" to which they desire the Concurrence of this House.
Shepshead, &c. 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 and Meadows, within the Parish of Shepshead, in the County of Leicester, and the Common Ground lying within the Ring Fence of the same Fields, and adjoining thereto, within the same Parish; and also several Closes or Parcels of Land and Ground, called The Carrs and Michaelmas Grounds, within the said Parish;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Letters of Marque Bill:
The Lord Scarsdale (according to Order) reported the Amendments, made by the Committee of the whole House, to the Bill, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels employed in Trade, or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time."
The said Amendments were read by the Clerk, as follow:
Pr. 5. L. 1. Leave out ["Letter of Marque"], and insert ["Commission"].
L. 6. Leave out ["Letter of Marque"], and insert ["Commission"].
L. 7. Leave out ["Letter of Marque"], and insert ["Commission"].
In the Title of the Bill:
L. 3. Leave out ["or Letters of Marque"].
And the said Amendments, being read a Second Time, were, severally, agreed to by the House.
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels employed in Trade, or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Montague and Mr. Leeds.
To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.
Osman's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the undivided Moiety of the Reverend Henry Osman Clerk, and Mary his Wife, of and in certain Lands and Hereditaments, in the Parish of King's Langley, in the County of Hertford, in Trustees, to be sold; and for applying Part of the Money arising by such Sale, in Discharge of an Incumbrance upon the said Moiety; and for laying out the Residue thereof in the Purchase of entire Messuages, Lands, or Hereditaments, to be settled, in lieu thereof, 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 Monday the 3d 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.
Henfield, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from The Maypole, in the Town of Henfield, over Poynings Common, to the Town of Brighthelmstone, and from Poynings Common aforesaid, to Highcross, in the Parish of Albourne, and from thence, for the Distance of Two Furlongs of the Road or Lane leading towards Twineham, and from the Marle Pit, near the Bottom of Saddlescombe Hill, in the Parish of Newtimber, to the Marle Pit fronting Newtimber Broad Lane, in the same Parish, in the County of Sussex."
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 Monday next, at the usual Time and Place; and to adjourn as they please.
Great Torrington Common, Callon's, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Mayor, Aldermen, and Burgesses, of the Town of Great Torrington, in the County of Devon, and other Trustees, to grant Part of the Common or Waste Lands, called Great Torrington Common, to William Callon, pursuant to an Agreement for that Purpose; and other the Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Soltau's et al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing George William Soltau, Gerhard Berck, Henry Albrecht Hammelburg, and Gunter Henry Kroger."
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.
Pernoud's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Marcellin Pernoud."
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.
Leeds, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Roads from the Town of Leeds, through Harwood, to the South-west Corner of the Enclosures of Harrogate, and from thence, in Two Branches, One through Ripley over Burage Green, and the other through Knaresbrough and Boroughbridge to Ripon, and from thence to the First Rill of Water or Watercourse on Hutton Moor, in the County of York; and for repairing the Sloughs or Rutts on the said Moor, so far as the same relates to the Road leading from the South-west Corner of the Enclosures of Harrogate, through Knaresbrough, to Boroughbridge."
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.
Union Point, &c. Road Bill.
A Message was brought from the House of Commons, by Sir Thomas Spencer Wilson and others:
With a Bill, intituled, "An Act for repealing an Act, made in the Twenty-seventh Year of His late Majesty King George the Second, "for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County, and for more effectually repairing the said Road; and also for amending, widening, and keeping in Repair, the Road from the Side Gate, on the Horsebridge Turnpike Road, in the Parish of Hellingly, to the Turnpike Road leading from Cross-in-Hand to Burwash, in the said County;" to which they desire the Concurrence of this House.
Westergate Common Enclosure Bill.
A Message was brought from the House of Commons, by Sir Thomas Spencer Wilson and others:
With a Bill, intituled, "An Act for dividing and enclosing an Open Waste or Common, called Westergate Common, in the Parish of Aldingborne, in the County of Sussex;" to which they desire the Concurrence of this House.
East India Directors Election Bill.
A Message was brought from the House of Commons, by Mr. Rous and others:
With a Bill, intituled, "An Act to amend so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, (intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe"); as relates to the Day on which the annual Election of Directors of the said Company is to be made;" to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Young against Boldero et al.:
Upon reading the Petition of Henry Boldero and others, Defendants in a Writ of Error depending in this House, wherein Robert Young 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 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Bective against Hamilton et al.
The Answer of Robert Hamilton and others to the Appeal of the Right Honourable Thomas Earl of Bective, was this Day brought in:
Stokes and Wagner against Paterson.
As was also, The Answer of Robert Paterson, to the Appeal of Nehemiah Stokes and Christian Wagner.
Glass against Glass:
This Day being appointed for hearing the Cause upon the Appeal of John Glass Esquire, complaining of Four Orders of the Court of Chancery in Ireland, of the 6th of June, the 4th and 15th of July, and 22d of August, 1772; also of a Decretal Order of the said Court of the 10th of December 1772; and also of another Decretal Order of the said Court of the 14th of May 1773; and of Three other Orders of the said Court, of the 3d and 10th of February, and 29th of November, 1773; as also of Two other Orders of the said Court, of the 20th of April and 11th of June 1774; and praying, "That the same might be reversed, and that the Execution of all Attachments, issued in consequence of any of them, might be suspended till the Hearing of the said Appeal; or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;" to which Appeal Jane Glass, Wife of the said John Glass, is Respondent:
Counsel appeared for the said Respondent, but none appearing for the Appellant; and the Respondent's Counsel 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 Petition and 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 Respondent, the Sum of Two hundred Pounds of lawful Money of Great Britain, for her Costs in respect of the said Appeal.
Message from H. C. to return Letters of Marque Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
To return the Bill, intituled, "An Act for enabling the Commissioners for executing the Office of Lord High Admiral of Great Britain, to grant Commissions or Letters of Marque to the Commanders of Private Ships and Vessels employed in Trade, or retained in His Majesty's Service, to take and make Prize of all such Ships and Vessels, and their Cargoes, as are therein mentioned, for a limited Time;" and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.
Cattaneo and Gaudot's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Henniker and others:
With a Bill, intituled, "An Act for naturalizing Horace Cattaneo and Francis Gaudot;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
East India Directors Election Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, (intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe"); as relates to the Day on which the annual Election of Directors of the said Company is to be made."
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.
Wheatley, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of William Wheatley of Erith, in the County of Kent, Esquire; 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 1a vice lecta est Billa, intituled, "An Act for vesting certain Pieces or Parcels of Ground and Hereditaments, in the County of Kent, Part of the Settled Estate of William Wheatley Esquire, in Trustees, to be sold to Sir Sampson Gideon Baronet, pursuant to Agreement; and for laying out the Money arising by Sale thereof, in the Purchase of other Lands or Hereditaments, to be settled to the same Uses."
Jackson's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable William Jackson, and Hannah his Wife, to carry into Execution an Agreement for Sale of certain Hereditaments, situate at or near Barney, in the County of Norfolk, (being their Settled Estate), to Richard Reeve the younger, Gentleman; and for laying out the Money, arising by such Sale, in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estate doth now stand limited."
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 4th 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.
Heston Charity Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to discharge certain Copyhold Premises, in the Parish of Heston, in the County of Middlesex, from the Uses and Trusts thereof, declared by the Will of Mary Wotton deceased; and to subject and charge the same Copyhold Premises, and also certain Freehold Lands lying contiguous thereto, within the said Parish, with the Payment of a perpetual yearly Rent Charge of Twelve Pounds to the Reverend John Gibson Clerk, and his Successors, Vicars of the said Parish, for the Use of the Poor of the same Parish; and for settling and assuring the same Premises, so charged, in the Trustees of Rupert Clarke Esquire, upon the Trusts therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Shepshead, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, within the Parish of Shepshead, in the County of Leicester, and the Common Ground lying within the Ring Fence of the same Fields, and adjoining thereto, within the same Parish; and also several Closes or Parcels of Land and Ground, called The Carrs and Michaelmas Grounds, within the said Parish."
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 Wednesday next, at the usual Time and Place; and to adjourn as they please.
Hatherne Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, Commons or Waste Grounds, within the Lordship or Liberty and Parish of Hatherne, in the County of Leicester."
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.
Westergate Common Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing an Open Waste or Common, called Westergate Common, in the Parish of Aldingborne, in the County of Sussex."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Union Point, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repealing an Act, made in the Twenty-seventh Year of His late Majesty King George the Second, "for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County, and for more effectually repairing the said Road; and also for amending, widening, and keeping in Repair, the Road from the Side Gate on the Horsebridge Turnpike Road, in the Parish of Hellingly, to the Turnpike Road leading from Cross-in-Hand to Burwash, in the said County."
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 Wednesday next, at the usual Time and Place; and to adjourn as they please.
Bedford, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Stallgate Close, at the South-west End of the Town of Bedford; to the Town of Ampthill, and from the said Town of Ampthill to Woburn Park, in the County of Bedford; and also the Road branching out of the same in Kempston Field, to the Turnpike Road leading from Hitchin to the said Town of Bedford."
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.
Thorner Enclosure Bill.
A Message was brought from the House of Commons, by Sir John Goodricke and others:
With a Bill, intituled, "An Act for dividing and enclosing several Commons or Waste Grounds, Open Common Fields, undivided Enclosures, and other Commonable Lands, within the Manor and Parish of Thorner, in the West Riding of the County of York;" to which they desire the Concurrence of this House.
King's Meaburn Enclosure Bill.
A Message was brought from the House of Commons, by General Honeywood and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common and Waste Grounds, within the Manor or Lordship of King's Meaburn, in the Parish of Moreland, in the County of Westmorland;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Great Torrington Common, Callon's, Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable the Mayor, Aldermen, and Burgesses of the Town of Great Torrington, in the County of Devon, and other Trustees, to grant Part of the Common or Waste Lands called Great Torrington Common, to William Callon, pursuant to an Agreement for that Purpose; and other the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Henfield, &c. Road Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road leading from the Maypole, in the Town of Henfield, over Poynings Common, to the Town of Brighthelmstone, and from Poynings Common aforesaid to Highcross, in the Parish of Albourne, and from thence, for the Distance of Two Furlongs of the Road or Lane leading towards Twineham, and from the Marle Pit, near the Bottom of Saddlescombe Hill, in the Parish of Newtimber, to the Marle Pit fronting Newtimber Broad Lane, in the same Parish, in the County of Sussex," 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."
Leeds, &c. Road Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Roads from the Town of Leeds, through Harwood, to the South-west Corner of the Enclosures of Harrogate, and from thence, in Two Branches, One through Ripley, over Burage Green, and the other, through Knaresbrough and Boroughbridge, to Ripon, and from thence to the First Rill of Water or Watercourse on Hutton Moor, in the County of York; and for repairing the Sloughs or Rutts on the said Moor, so far as the same relates to the Road leading from the South-west Corner of the Enclosures of Harrogate, through Knaresbrough, to Boroughbridge," was committed.
Soltan et al. Nat. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing George William Soltau, Gerhard Berck, Henry Albrecht Hammelburg, and Gunter Henry Kroger," was committed.
Banning's Nat. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Ernest Bernard Banning," was committed.
Centlivres Nat. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing John Centlivres," was committed.
Pernoud's Nat. Bill.
The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Marcellin Pernoud," was committed.
Eames to take the Name of Waight Bill.
A Message was brought from the House of Commons, by Mr. James Worsley and others:
With a Bill, intituled, "An Act to enable John Eames, a Minor, and his Issue, to take and use the Surname of Waight, pursuant to the Will of John Waight Esquire, deceased;" to which they desire the Concurrence of this House.
Holcot Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Knightley and others:
With a Bill, intituled, "An Act for dividing, allotting, and enclosing, the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Manor and Parish of Holcot, in the County of Northampton;" to which they desire the Concurrence of this House.
The said Two Bills were, severally, read the First Time.
Hamilton et al. against E. Bective; Cross Appeal.
Upon reading the Petition and Cross Appeal of Robert Hamilton and Benjamin Geale Esquires, Trustees named in the Will of James Hamilton Esquire, deceased; Hans Hamilton Esquire, eldest Son of the said James Hamilton; James Hamilton and Benedict Hamilton, Sons of the said Hans Hamilton; John Hamilton and James Hamilton, younger Sons of the said James Hamilton deceased; Hans Hamilton, Henry Hamilton, James Hamilton, John Hamilton, and Robert Hamilton, Sons of the said James Hamilton the Son; Ann Hamilton, Jane Hamilton, Henry Hamilton, and Margaret, his Wife, and Sophia Hamilton; complaining of Part of a Decree of the Court of Chancery in Ireland, of the 3d of May 1776; and praying, "That the fame may be reversed or varied, 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 Thomas Earl of Bective, in the Kingdom of Ireland, may be required to answer the said Appeal:"
It is Ordered, That the said Thomas Earl of Bective may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday, the 24th Day of March next; and Service of this Order upon the Clerk in Court of the said Respondent, in the said Court of Chancery in Ireland, shall be deemed good Service.
Walker et al. Petition referred to Judges.
Upon reading the Petition of William Walker Esquire, and George Stansfeld Esquire, the surviving acting Governors of a Charity founded by Nathaniel Waterhouse, deceased, within the Town and Parish of Halifax, in the County of York; and of the several Trustees whose Names are thereunto subscribed, of another Charity, likewise founded by the said Nathaniel Waterhouse, within the same Town and Parish; and likewise of the Churchwardens and Overseers of the Poor of the several Townships within the Parish of Halifax aforesaid, claiming the Benefit of the said Charities, whose Names are thereunto subscribed; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Aston, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Harris' Divorce Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Potter Harris Esquire, with Elizabeth Martha Chicheley Plowden his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:
Counsel were accordingly called in:
And Mr. Bearcrost appearing as Counsel for the Bill, but no Counsel appearing against it:
John Morgan was called, in order to prove Service of the Order for the said Second Reading; and being sworn, acquainted the House, "That he served Mrs. Harris personally, on the 8th Day of this instant February, at Sunbury, with the Order of this House for the Second Reading of the Bill; and at the same Time delivered to her a true Copy of the Bill."
He was directed to withdraw.
Then the said Bill was read a Second Time;
And Mr. Bearcrost was heard in Support of the Bill, and to make out the Allegations thereof; and, in order to prove the Marriage, again called the said John Morgan, who produced an Extract from the Register of Marriages of the Parish of Aldermaston, in the County of Berks; and declaring, "That the same was a true Copy, he having examined it with the Original;" the same was read, whereby it appeared, "That the said Mr. Potter Harris and Elizabeth Martha Chicheley (fn. 1) Plowden were married at the said Parish Church, on the 14th Day of August 1770."
He was directed to withdraw.
Then Thomas Moreton was called in; and being sworn, produced an Office Copy of the Judgement obtained in the Court of King's Bench against John Craven Clerk, for Criminal Conversation with the said Mrs. Harris.
He was directed to withdraw.
Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in; and being sworn, produced the Original Definitive Sentence of Divorce in the said Court against the said Mrs. Harris for Adultery.
He was directed to withdraw.
Mr. Bearcroft then acquainted the House, "That Sarah Simmons, a material Witness, who had been examined in the Court of King's Bench, and also in the Consistory Court of the Bishop of London, was dead; but that Mr. Mark Holman attended with the original Depositions of the said Sarah Simmons, taken in the last mentioned Court;" and prayed the House, That the same might be read as Evidence."
Whereupon he was directed to call some other Witnesses to prove the Allegations in the Bill of Adultery, and then to read the Evidence of the said Sarah Simmons.
Then Mr. Bearcrost called John Appleton; who being sworn, acquainted the House, "That he lived with Mr. Harris as a Servant in 1770; that he knew Mrs. Harris and Mr. Craven a Clergyman; that he had seen several indecent Familiarities between Mr. Craven and Mrs. Harris at different Times, such as Mr. Craven putting his Hands on Mrs. Harris's Breasts, and up her Petticoats; that he went out with them once behind the Carriage; that the Left Hand Blind of the Carriage was kept up; that in going round it in order to open a Gate; he observed them close together; that Mr. Harris having discovered the Behaviour of his Wife, Mrs. Harris, on the 8th of September 1774, left her Husband's House, and hath never been there since."
He was directed to withdraw.
Then Elizabeth Holden was called in; and being sworn, acquainted the House, "That she lived as Servant with Mr. Harris in 1773 and 1774; that she knew Mr. Craven, who came frequently to her Master's House; that she has frequently seen very indecent Familiarities pass between them; that on the 4th of November 1774, Mr. Craven came to Mr. Harris's House, and laid there; that early the next Morning Mr. Harris went to Reading; that the Door of Mr. Craven's Room being accidentally left open a little, about Eight o'Clock in the Morning, she, the Witness, saw Mrs. Harris go into Mr. Craven's Room; that she waited Five Minutes, and then went and told Miss Dunford, a young Lady who lived in the House, what she had seen; that on the 8th of April Mr. Craven laid at her Master's again, who was from Home; that the next Morning, when she went to make her Mistress's Bed, she saw the Print of Two Persons having lain in it, and likewise several Spots on the Sheets; that she told Sarah Simmons, her Fellow-Servant, who is since dead, what she had seen, and that she believed Mrs. Harris and Mr. Craven had lain together in the Bed that Night; that she heard the said Sarah Simmons examined in the Court of King's Bench, but cannot remember the Evidence she gave with any Degree of Precision."
She was directed to withdraw.
Then the said Mark Holman was again called in; and produced the original Depositions of Sarah Simmons, taken in the Consistory Court of the Bishop of London; and the same were read by him, as follow; (videlicet),
In the Consistory Court of London. | 31st May 1776. |
Harris against Harris. | On the Libel given by Stevens, the 15th May 1776. |
Stevens jun. Townley. |
Sarah Simmons of Baughurst, in the County of Southampton, Spinster, aged Twenty-five Years and upwards, a Witness, produced and sworn.
To the 5th, 6th, and 7th Articles of the said Libel this Deponent saith, That she hath for near Two Years last past lived in the Service of John Potter Harris of Baughurst, Esquire, the Producent in this Cause, and is still in his Service; that she was hired into Mr. Harris's Service to attend the articulate Elizabeth Martha Chicheley Harris, the Wife of the said Mr. Harris, as her own Maid; that from the Behaviour of the said Elizabeth Martha Chicheley Harris, Party in this Cause, during the Time the Deponent acted in the Capacity of her Servant, she, the Deponent, believes the said Elizabeth Martha Chicheley Harris to be a Woman of a lewd abandoned Disposition, and that she carried on an adulterous Intercourse with the Reverend John Craven Clerk, articulate, who was very frequently at the said Mr. Harris's House during the Time the Deponent acted as Mr. Harris's Servant, and there appeared to be a very great Intimacy and Friendship between the said Mrs. Harris and Mr. Craven, and Mr. Craven used very frequently to be at Mr. Harris's House for a Day or Two at a Time; that the said Mr. Craven was the Rector of Woolverton, the next adjoining Parish to Baughurst, where Mr. Harris lived, but Mr. Craven having quitted his House at Woolverton, his Place of Residence, when the Deponent came to live with Mrs. Harris, was at Barton Court, in the County of Berks, which is about Twelve or Fourteen Miles from Woolverton, and therefore he used frequently to come to Mrs. Harris's House on a Saturday and stay till Monday, in order to attend his Duty at Woolverton Church on a Sunday, which was only about Two Miles from Baughurst; and further to the said Articles she cannot depose. To the 10th and 11th Articles of the said Libel this Deponent saith, That while she acted as Servant to the said Mr. Harris as aforesaid, she, the Deponent used to attend the said Mrs. Harris to her Bedchamber, and undress her every Night, and attend her also in a Morning when she got up to dress her; that when the articulate Mr. Craven was at Mr. Harris's, he used to get up earlier in a Morning than the said Mrs. Harris, and used sometimes to walk in the Garden, which was in the Front of the House; and the deponent saith, that Two or Three different Times when the said Mr. Craven has been so walking in the Garden, she the said Mrs. Harris, hath looked out of the Window of her Bed Chamber, and laughed and conversed with the said Mr. Craven, and told him she would come down to him soon, at which Times she hath only been dressing, and the Deponent assisting her, and her Breasts were uncovered and exposed to the said Mr. Craven, and she had only her Shift, Stays, and Petticoats on: And the Deponent also saith, That the said Mrs. Harris Two or Three Times carried Whey and other Things to the said Mr. Craven in his Bed Chamber at Night when he has gone to Bed before the Rest of Mr. Harris's Family, and has pretended to have a Cold or Sore Throat, and she has staid in the said Mr. Craven's Bed Chamber at those Times, for Ten Minutes, or perhaps longer, and at One of those Times Mr. Harris saw her coming out of Mr. Craven's Room, and asked her what she did there, and was displeased thereat, but at what particular Times the Transactions aforesaid happened, she, this Deponent, cannot now recollect; nor can she further depose to the said Articles, or either of them. To the 12th and 14th Articles of the said Libel this Deponent saith, That, on Friday the 4th Day of November 1774, as she believes the Day to have been, the said Mr. Craven came to Mr. Harris's House at Baughurst, and in the Evening of that Day Mrs. Harris told the Deponent to tell Elizabeth Holden, who was the House Maid, not to light a Fire in Mr. Craven's Bed Room the next Morning, until she, Mrs. Harris, gave her Orders so to do, and the Deponent delivered the Message to the said Elizabeth Holden accordingly; that about Seven o'Clock the next Morning Mr. Harris went to Reading, in the County of Berks, in his Phaeton, and was attended by his Man John Appleton; that between Ten and Eleven o'Clock in the Forenoon of the same Day, to wit, Saturday the 5th of November, the said Mrs. Harris told the Deponent to bring some Wood for the Breakfast Parlour Fire, and to lay it at the Door of such Parlour, but the Deponent's Fellow-Servant, Elizabeth Holden, having informed her that she had seen something that Morning of an extraordinary Nature pass between the said Mrs. Harris and Mr. Craven, she the Deponent thereupon resolved to carry the Wood, so ordered to be placed at the Parlour Door, into the said Parlour, in order to discover if any Thing improper was transacting by them, the said Mrs. Harris and Mr. Craven, who were alone together in the said Parlour at that Time; that the Deponent accordingly, about Eleven o'Clock that Morning, went into the said Parlour with some Wood for the Fire, and she then found the said Mrs. Harris and Mr. Craven standing together before the Fire, and stooping towards the Fire, and the said Mr. Craven had One of his Hands round Mrs. Harris's Neck; that they immediately started up in seeming Confusion, and Mrs. Harris told the Deponent to put down the Wood, and that she would put it on the Fire herself, and the Deponent accordingly put the Wood down, and went out of the Room, leaving them the said Mrs. Harris and Mr. Craven together; and further to the said Articles she cannot depose.
To the 16th Article of the said Libel this Deponent saith, That the said Mr. Craven used frequently to send Letters to the said Mrs. Harris, and such Letters were sometimes sent to her by Mr. Craven's Gardener at Woolverton, sometimes by the Groom, and One Letter came by his Gardener at Barton Court; and the Deponent hath seen Mrs. Harris give Money to the said Servants who brought such Letters, and she hath seen One of Mr. Craven's Servants coming to her House, and hath spoke to such Servants, and taken Letters from them herself before any of her own Servants had Time to receive them, and Mrs. Harris gave Orders to the Deponent to take Care when any Letters came from Mr. Craven to bring them to her immediately, and not suffer Mr. Harris, or any one else to see them, and the rest of Mr. Harris's Servants were also directed by Mrs. Harris to give all Letters which came from Mr. Craven to her, the Deponent; and farther to the said Article she cannot depose.
To the 18th, 19th, 20th, 21st, and 22d Articles of the said Libel, this Deponent saith, That in or about the latter End of March 1775, the said Mr. Harris, the Deponent's Master, went to Coventry on a Visit, and he staid for near Three Weeks from Home, as the Deponent believes; that during his Absence, and as she believes, on Saturday the 8th of April 1775, in the Morning, her Mistress, the said Elizabeth Martha Chicheley Harris, acquainted the Deponent, and the other Servants, as she believes, that she expected her Master, (meaning Mr. Harris), Home that Night; that, in the Evening of the said Saturday, the said Mr. Craven, and his Groom, John Seymour, came to Mr. Harris's House, but Mr. Harris did not return for near a Week after, as she believes; that, after Mr. Craven's Arrival that Evening, Mrs. Harris told the Deponent and the House Maid, Elizabeth Holden, to air a Pair of clean Sheets, and put them upon her Bed, which was done accordingly; that Miss Catherine Durnford, a Relation of Mrs. Harris's, was, at that Time, at Baughurst, in Mr. Harris's House, on a Visit, and she had constantly, during Mr. Harris's, Absence at Coventry as aforesaid, slept with Mrs. Harris, but she was that Night, the Eighth of April, desired to sleep with the Deponent, as she told the Deponent, and she slept with her accordingly; that, soon after Supper, Mrs. Harris ordered the Deponent to warm Mr. Craven's Bed, which was earlier than the Family usually went to Bed, and having warmed the same, Mr. Craven went into his Room, as if he intended going immediately to Bed; that Mr. Craven's said Room was called the Red Room, and was at the South-west End of a long Passage, which led to the different Bed Chambers in the House, and the Bed Chambers were on each Side of said Passage; that soon after Mr. Craven was so gone into his Room, Mrs. Harris came into the Kitchen, and ordered all the Servants to go immediately to Bed, and she told the Deponent that she should not want her that Night to undress her, though the Deponent had always before attended her to her Chamber, and undressed her; that it was Mrs. Harris's Custom to go into the Kitchen every Night, and to see the Fire put entirely out, and the Kitchen put to Rights, before the Family went to Bed, but the said Mrs. Harris was in such a Hurry to get the Servants to Bed, on the said Saturday Night, that she would not suffer them to put away the Things in the Kitchen as usual; that the Servants all went immediately to their different Apartments, and the Deponent went to her's, which was the North-east End of the Passage above-mentioned, and exactly opposite to Mrs. Harris's Bed Chamber, which was the Southeast End of such Passage, and called the Green Room; that the Deponent and the said Miss Durnford, who lay with the Deponent that Night, had some Conversation together in their Bed Chamber, on going thither, as to the Cause of Miss Durnford's sleeping with the Deponent, and Miss Durnford said, she believed it was because Mr. Craven was that Night to lie with Mrs. Harris, and Deponent then said, she would watch them; that Miss Durnford went immediately to Bed, and the Deponent undressed herself entirely also, except that she kept on One Petticoat, and put on Miss Durnford's Bed Gown, in order that she might readily slip into Bed, in case Mrs. Harris or Mr. Craven should suspect her watching them, and that Mrs. Harris should come into the Deponent's Room to see if she was in Bed; that the Deponent, being prepared as aforesaid, put out her Candle, and opened the Door of her Room a little, and listened, and then heard her Mistress walking in her Room opposite to the Deponent's Room; that about a Quarter of an Hour afterwards, and she thinks it might be about Twelve o'Clock at Night, the Deponent, still listening, heard the Door of Mr. Craven's Room, called the Red Room, open, and heard Mr. Craven come out of his said Room, and walk along the Passage, and open the Door of the Blue Room, which was on the same Side the Passage as Mrs. Harris's, Room, and between such Blue Room and Mrs. Harris's, which was the Green Room, there was and is an Anti-chamber, with a Door on one Side, leading into Mrs. Harris's said Room, and another Door, on the opposite Side, leading into the Blue Room, but there was not any Door leading immediately out of the said Anti-chamber into the publick Passage; that she heard Mr. Craven walk through the Blue Room and the Anti-chamber into her Mistress, the said Mrs. Harris's, said Bed Chamber; that the Deponent then went to the Door of her Mistress's said Room in the Passage, and listened at the Key-hole, and heard the said Mr. Craven and Mrs. Harris whispering together, and heard them kiss each other, but there was not any Light in the Room, and, therefore, she could not see any Thing that passed between them, but she heard the moving of the Bed Cloaths and Curtains, and heard the Bed crack, and the Noise and Shaking of the Bed continued for about Two or Three Minutes, and immediately afterwards every Thing was quite silent; that she continued listening at the said Key-hole for about Half an Hour, and hearing nothing more, she went away into her own Room, and told Miss Durnford what she had heard, and asked Miss Durnford's Advice what she should do, and particularly asked her, whether it would not be proper for the Deponent to go into her Mistress's said Bed Chamber, with an Excuse that her Master, Mr. Harris, was come Home, as by that Means she might see them in Bed together, but Miss Durnford advised the Deponent not to do it, saying, the Deponent had heard enough, and advised the Deponent to come to Bed, but she, at the same Time, advised the Deponent to mention to her Mistress, in the Morning, what she had seen and heard; that the Deponent refused to go to Bed then, and walked about the Passage; and in order to know, with more Certainty, whether Mr. Craven was in her Mistress's Bed Chamber or not, she went into Mr. Craven's Room, the Red Room, and found his Lamp burning, and she looked into his Bed, but he was not there, nor could she see any of his Cloaths in his Room; that the Deponent then came out of such Room, and left the Lamp burning, and walked about the Passage some Time longer, and then sat down at the East End of the Passage, by her Mistress's Bed Chamber Door, and about Two o'Clock in the Morning of Sunday, the 9th of April, the Deponent heard Mr. Craven coming out of Mrs. Harris's Room, and she hid herself in the Nursery, which is her own Room, and heard him going along the Passage, and into his own Room, and she heard him blow out his Lamp, at Two or Three Puffs, and she then heard him come out of his own Room, and walk along the Passage, and she looked out of her Room, and, by Means of a Light from a Window in the Staircase, which he passed, she then saw the said Mr. Craven go into the Blue Room, and heard him go through that Room, and the Anti-chamber, into Mrs. Harris's Room again; that he had all or greatest Part of his Cloaths on, as he so walked along the Passage; that, when he was got into Mrs. Harris's Room again, the Deponent went to the Door of such Room, next the Passage, and listened at the Key-hole, and heard the said Mr. Craven get into or upon the Bed, and heard the said Mr. Craven and Mrs. Harris whispering together, and kissing each other, and she also heard the Bed crack and make a Noise, and such cracking or rustling of the Bed continued for a few Minutes, and then all was silent again; and the Deponent continued up, and walking in the Passage, backward and forward, until about Four o'Clock in the Morning of the said Sunday, the 9th of April, and did not hear or see Mr. Craven come out of Mrs. Harris's Room during that Time, and, being then tired and sleepy, the Deponent went to Bed: And the Deponent further saith, That, from the Circumstances by her last deposed of, she doth verily and in her Conscience believe, that the said Reverend John Craven and Elizabeth Martha Chicheley Harris, Party in this Cause, had, whilst they were so together in the said Mrs. Harris's Bed Chamber, as aforesaid, the carnal Use and Knowledge of each others Body, and committed the foul Crime of Adultery together: And the Deponent also saith, That about Eight o'Clock in the Morning of the said Sunday, the 9th of April, the Deponent went into her said Mistress's Bed Chamber to dress her, and then the Deponent told her said Mistress what she had seen and heard respecting Mr. Craven and her, the said Mrs. Harris, the Night before; that she, the said Mrs. Harris, at first denied it, but afterwards owned that Mr. Craven had been in her Room for a little while, but the Deponent told her he had been there a great while, and till after Four o'Clock in the Morning; that Mrs. Harris then asked the Deponent if she could swear it ?" and the Deponent answered, that she could;" upon which Mrs. Harris appeared exceeding confused and agitated, and did not make any Reply; that soon after Mrs. Harris came down Stairs on the said Sunday Morning, and whilst Breakfast was about in the Parlour, the Deponent, and her Fellow-Servant, Elizabeth Holden, went into Mrs. Harris's Bed Chamber, and made her Bed, which appeared very much tumbled, and they both observed several Marks or Spots upon the Sheets, which were very visible, as the Sheets were put on clean the Night before, and the Deponent believes such Marks or Spots were occasioned by Mr. Craven and Mrs. Harris having lain together, and having had the carnal Knowledge of each others Bodies: And the Deponent also saith, That she waited upon her said Mistress, Miss Durnford, and Mr. Craven, on the said 9th of April, at Dinner, and her Mistress seemed much confused at that Time, and both she and Mr. Craven were more grave and serious than usual; that in the Evening of that Day Mr. Craven went away from Mr. Harris's House, and he called the Deponent to help him on with his Great Coat, and he gave her a Guinea, and said something to her which she did not understand, and the said Mr. Craven never gave the Deponent any Thing before that Time: And the Deponent also saith, That the next Day, Monday the 10th of April, the said Mrs. Harris called the Deponent into her Dressing Room, and gave her a Gown and Petticoat, and other Things, and desired the Deponent not to tell Tales, for that Servants never got any Thing by it, or to that Effect: And further to the said Articles she cannot depose.
"To the 23d Article of the said Libel this Deponent saith, That on Wednesday, the 28th of June 1775, Mrs. Harris and Miss Nancy Plowden, her Sister, who was then upon a Visit at Mr. Harris's, went to Basing stoke Races in the Chariot together, and they were accompanied by Mr. Harris and Mr. Stillingsleet Durnford on Horseback; that the said Mrs. Harris and Miss Plowden, returning early in the Evening, attended by Mr. Durnford on Horseback, and soon after them the said Mr. Craven came to Mr. Harris's also, and after him Mr. Harris arrived, and, being a little intoxicated with Liquor, went early to Bed; that Mr. Craven, that Night, was to sleep in the Room that was usually called the Blue Room, and in which there had before been a Bed with Blue Moreen Furniture, but there was then a new Mahogany Bedstead, with Green striped Furniture, in such Room; that between Eleven and Twelve o'Clock that Night, or about Twelve o'Clock, and after all the Family were retired to their Apartments, John Appleton, the said Mr. Harris's Man Servant, came to the Deponent's Bed Room Door, and informed her, that Mrs. Harris was then in Mr. Craven's Room with him, and desired the Deponent to come and listen; that the Deponent, who had only been a short Time in her Room, and had not then taken off any of her Cloaths, went with the said John Appleton to the Door of Mr. Craven's said Room where the Bed with Green striped Furniture then was placed, as aforesaid, and they listened at the Door, and the Deponent then heard the Rustling of a Lady's Cloaths, and Two Persons whispering, and she verily believes such Two Persons were the said Mrs. Harris and Mr. Craven; that the Deponent continued at such Door for about Four or Five Minutes listening, but on hearing the Handle of the Lock of such Door move, the Deponent, and the said John Appleton, ran away to their respective Apartments, and the Deponent went immediately to Bed; and further to the said Article she cannot depose.
"To the 25th Article of the said Libel this Deponent saith, That an Action was some Time since brought in the Court of King's Bench by Mr. Harris, the Producent in this Cause, against the aforesaid Mr. Craven, for adulterous Conversation with the said Mrs. Harris, and such Action was tried at Westminster on or about the 13th of February last, before Lord Mansfield, and the Deponent was examined as a Witness in the said Cause, and a Verdict was given in Favour of Mr. Harris, with £.3,000 Damages; and farther to the said Article she cannot depose.
The same Witness; An Interrogatory administered on Behalf of Elizabeth Martha Chicheley Harris, Party in this Cause.
To the First Interrogatory the Respondent answers, (being first reminded of her Oath as directed), That she, the Respondent, and her Fellow Witness, John Appleton, are in the Service of the Producent, John Potter Harris Esquire, but she is not, nor is the said John Appleton, as she believes, under the Influence and Direction of the said Mr. Harris.
To the Second she answers, That she hath not had any Meeting or Consulation with the Producent, his Agent or Solicitor, nor with any other Person, concerning her being examined as a Witness in this Cause, that comes to be examined at the Request of her Master, the said Mr. Harris, the Producent.
To the Third she answers, That she hath not, nor have any or either of her Fellow-Witnesses, to her Knowledge or Belief, been taught or instructed by any Person what to depose, or to avoid deposing, in this Cause.
To the Fourth she answers, That she hath not, nor have any or either of her Fellow-Witnesses to her Knowledge or Belief, received, been promised, nor do they expect to receive, any Reward, Gratuity, Present or Satisfaction, for giving Evidence in this Cause, nor on any other Account concerning the same; nor can she farther answer.
"Sarah Simmons."
On the 1st June 1776, repeated and acknowledged before Dr. Ducarrell Surrogate.
Present, James Heseltine, "Not. Pub."
He was directed to withdraw.
Then John Morgan was again called in; and acquainted the House, "That Mr. Harris, to his Knowledge, hath no Children now living by the said Mrs. Harris."
He was directed to withdraw.
The Counsel was directed to withdraw.
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 18o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Westergate Common Enclosure Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing an Open Waste or Common called Westergate Common, in the Parish of Aldingborne, in the County of Sussex," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Henfield, &c. Road Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Maypole in the Town of Henfield, over Poynings Common, to the Town of Brighthelmstone, and from Poynings Common aforesaid to High Cross in the Parish of Albourne, and from thence for the Distance of Two Furlongs of the Road or Lane leading towards Twineham, and from the Marle Pit, near the Bottom of Saddlescombe Hill, in the Parish of Newtimber, to the Marle Pit fronting Newtimber Broad Lane, in the same Parish, in the County of Sussex."
The Question was put, " Whether this Bill shall pass?"
It was resolved in the Affirmative.
Leeds, &c. Road Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of the Reign of His late Majesty, for repairing the Roads from the Town of Leeds, through Harwood, to the South-west Corner of the Enclosures of Harrogate, and from thence in Two Branches, One through Ripley over Burage Green, and the other through Knaresbrough and Boroughbridge to Ripon, and from thence to the First Rill of Water or Watercourse on Hutton Moor, in the County of York; and for repairing the Sloughs or Rutts on the said Moor, so far as the same relates to the Road leading from the South-west Corner of the Enclosures of Harrogate, through Knaresbrough, to Boroughbridge."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Great Torrington Common, Callon's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Mayor, Aldermen, and Burgesses, of the Town of Great Torrington, in the County of Devon, and other Trustees, to grant Part of the Common or Waste Lands called Great Torrington Common to William Callon, pursuant to an Agreement for that Purpose; and other the Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Soltau et al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing George William Soltau, Gerhard Berck, Henry Albrecht Hammelburg, and Gunter Henry Kroger."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Bannins's Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Ernest Bernard Banning."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Centlivres. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Centlivres."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Pernoud's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Marcellin Pernoud."
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 Seven preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Hett and Mr. Pepys:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
King's Meaburn Enclosure Bills.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Waste Grounds, within the Manor or Lordship of King's Meaburn, in the Parish of Moreland, in the County of Westmorland."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Holcot Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Manor and Parish of Holcot, in the County of Northampton."
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.
Eames to take the Name of Waight Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Eames a Minor, and his Issue, to take and use the Surname of Waight, pursuant to the Will of John Waight Esquire, deceased."
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.
Cattaneo and. Gaudot's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Horace Cattaneo and Francis Gaudot."
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.
American Habeas Corpus, &c. Bill.
A Message was brought from the House of Commons, by Sir Grey Cooper and others:
With a Bill, intituled, "An Act to empower His Majesty to secure and detain Persons charged with or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy;" to which they desire the Concurrence of this House.
Horncliff and Horncliff Lone End Enclosure Bill.
A Message was brought from the House of Commons, by Sir Thomas Clavering and others:
With a Bill, intituled, "An Act for dividing and enclosing a certain Piece of Common or Waste Ground lying in the Villages of Horncliff and Horncliff Lone-End, in the Parish of Norham, in the County of Durham;" to which they desire the Concurrence of this House.
The last-mentioned Bill was read the First Time.
American Habeas Corpus, &c. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to empower His Majesty to secure and detain Persons charged with or suspected of the Crime of High Treason, committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy.
Ordered, That the said Bill be read a Second Time on Thursday next.
Ordered, That the said Bill be printed.
Wilkinson against Allott.
Upon reading the Petition and Appeal of Pinkney Wilkinson Esquire, complaining of an Order of the Court of Exchequer, of the 4th Day of this instant February; and praying, "That the same may be reversed, and that a new trial of the Issues directed by the Decree of the said Court, of the 22d of May 1775, may be granted, 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 Bryan Allott Clerk may be required to answer the said Appeal."
It is Ordered, That the said Bryan Allott, may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 4th Day of March next.
East India Directors Election Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to amend so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, (intituled, An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India, as in Europe,") as relates to the Day on which the annual Election of Directors of the said Company is to be made."
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."
Wheatley's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Pieces or Parcels of Ground and Hereditaments in the County of Kent, Part of the Settled Estate of William Wheatley Esquire, in Trustees, to be sold to Sir Sampson Gideon Baronet, pursuant to Agreement; and for laying out the Money arising by Sale thereof in the Purchase of other Lands or Hereditaments, to be settled to the same Uses."
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 Wednesday the 5th Day of March next, at the usual Time and Place; and to adjourn as they please.
Harris's Divorce Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of John Potter Harris Esquire, with Elizabeth Martha Chicheley Plowden, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Shepshead, &c. Enclosure Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, within the Parish of Shepshead, in the County of Leicester, and the Common Ground lying within the Ring Fence of the same Fields, and adjoining thereto, within the same Parish; and also several Closes or Parcels of Land and Ground, called The Carrs and Michaelmas Grounds, within the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Holcot Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing, allotting, and enclosing, the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Manor and Parish of Holcot, in the County of Northampton," was committed.
Hatherne Enclosure Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Open Fields Meadows, Pastures, Commons or Waste Grounds; within the Lordship or Liberty, and Parish of Hatherne, in the County of Leicester," was committed.
Union Point, &c. Road Bill.
The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for repealing an Act made in the Twenty-seventh Year of His late Majesty King George the Second, "for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County, and for more effectually repairing the said Road; and also for amending, widening, and keeping in Repair, the Road from the Side-Gate on the Horsebridge Turnpike Road, in the Parish of Hellingly, to the Turnpike Road leading from Cross-in-Hand to Burwash, in the said County," 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."
Bedford, &c. Road Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for repairing and widening the Road from Stallgate Close, at the South-west End of the Town of Bedford, to the Town of Ampthill, and from the said Town of Ampthill to Woburn Park, in the County of Bedford; and also the Road branching out of the same in Kempston Field, to the Turnpike Road leading from Hitchin to the said Town of Bedford," was committed.
Eames to take the Name of Waight Bill.
The Lord Scarsdale also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act to enable John Eames a Minor, and his Issue, to take and use the Surname of Waight, pursuant to the Will of John Waight Esquire, deceased," was committed.
Harris's Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of John Potter Harris Esquire with Elizabeth Martha Chicheley Plowden, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Pepys and Mr. Hett:
To carry down the said Bill, and desire their Concurrence thereto.
Westergate Common Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing an Open Waste or Common, called Westergate Common, in the Parish of Aldingborne, in the County of Sussex."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
East India Directors Election Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to amend so much of an Act, made in the Thirteenth Year of the Reign of His present Majesty, (intituled, "An Act for establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe,") as relates to the Day on which the annual Election of Directors of the said Company is to be made."
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Smith et al. Petition referred to Judges.
Upon reading the Petition of Thomas Assheton Smith Esquire, William Brodie Esquire, and Mary Brodie his Wife, Sir Thomas Tancred Baronet, and Dame Penelope his Wife, and Harriot Assheton Smith Spinster, in Behalf of themselves; and also of the said Thomas Assheton Smith, in Behalf of his only Son Thomas Smith, an Insant; and likewise of the said Thomas Assheton Smith and Mary Brodie, in Behalf of, and as Guardians of William Henry Assheton Smith, Lucy Assheton Smith, Catherine Assheton Smith, and Emma Assheton Smith, Infants; 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 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.
Thorner Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Commons or Waste Grounds, Open Common Fields, Undivided Enclosures, and other Commonable Lands, within the Manor and Parish of Thorner, in the West Riding of the County of York."
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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Horncliff and Horncliff Lone-End Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Piece of Common or Waste Ground, lying in the Villages of Horncliff and Horncliff Lone-End, in the Parish of Norham, in the County 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.
Rednal Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Gilbert and others:
With a Bill, intituled, "An Act for dividing and enclosing the Moors, Commons or Waste Grounds, within the Township of Rednal, in the Parish of West Felton, in the County of Salop;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Februarii 1777.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hatherne Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields, Meadows, Pastures, Commons or Waste Grounds, within the Lordship or Liberty, and Parish of Hatherne, in the County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Bedford. &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Stall-gate Close, at the South-west End of the Town of Bedford, to the Town of Ampthill, and from the said Town of Ampthill to Woburn Park, in the County of Bedford; and also the Road branching out of the same in Kempston Field, to the Turnpike Road leading from Hitchin to the said Town of Bedford."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Union Point, &c. Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repealing an Act, made in the Twenty-seventh Year of His late Majesty King George the Second, "for amending, widening, and keeping in Repair, the Road leading from Union Point, near the Town of Uckfield, in the County of Sussex, to Langney Bridge, in the Parish of Westham, in the said County, and for more effectually repairing the said Road; and also for amending, widening, and keeping in Repair, the Road from the Side-Gate on the Horsebridge Turnpike Road in the Parish of Hellingly, to the Turnpike Road leading from Cross-in-Hand to Burwash, in the said County."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Shepshead, &c. Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, within the Parish of Shepshead, in the County of Leicester, and the Common Ground lying within the Ring Fence of the same Fields, and adjoining thereto, within the same Parish; and also several Closes or Parcels of Land and Ground called The Carrs and Michaelmas Grounds, within the said Parish."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Holcot Enclosure Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, allotting, and enclosing the Open and Common Fields, Common Pastures, Common Meadows, and other Commonable Lands and Grounds, of and within the Manor and Parish of Holcot, in the County of Northampton."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Eames to take the Name of Waight, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Eames a Minor, and his Issue, to take and use the Surname of Waight, pursuant to the Will of John Waight Esquire, deceased."
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 Six preceding Bills.
And Messages were, severally, sent to the House of Commons, by Mr. Pepys and Mr. Hett:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Rednal Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Moors, Commons or Waste Grounds, within the Township of Rednal, in the Parish of West Felton, in the County of Salop."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Weddell's Petition referred to Judges.
Upon reading the Petition of William Weddell 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 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.
Richmond Bridge, Account delivered.
The House being informed, "That Mr. Clement Smith from the Commissioners for building Richmond Bridge, attended:"
He was called in; and delivered at the Bar,
Cash Account for building Richmond Bridge."
And then he withdrew.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
Jackson's Bill; Motion to dispense with Standing Order.
The House being Moved, " That the Standing Order of this House, No. 126, concerning Bills for selling Lands in one Place, and buying Lands in another Place, to be settled in Lieu thereof, may be so far dispensed with, as that the Committee, to whom the Bill, intituled, "An Act to enable William Jackson, and Hannah his Wife, to carry into Execution an Agreement for Sale of certain Hereditaments, situate at or near Barney, in the County of Norfolk, (being their Settled Estate), to Richard Reeve the Younger, Gentleman; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses to which the said Settled Estate doth now stand limited," stands committed, may proceed on the said Bill notwithstanding the said Order should not be complied with:"
It is Ordered, That the said Motion be taken into Consideration on Monday next; and the Lords summoned.
American Habeas Corpus, &c. Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to empower His Majesty to secure and detain Persons charged with or suspected of the Crime of High Treason committed in any of His Majesty's Colonies or Plantations in America, or on the High Seas, or the Crime of Piracy."
The said Bill was accordingly read a Second Time.
Moved, "To commit the Bill."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.