House of Lords Journal Volume 34: February 1775, 11-20

Journal of the House of Lords Volume 34, 1774-1776. Originally published by His Majesty's Stationery Office, London, 1767-1830.

This free content was digitised by double rekeying. All rights reserved.

'House of Lords Journal Volume 34: February 1775, 11-20', in Journal of the House of Lords Volume 34, 1774-1776, (London, 1767-1830) pp. 314-322. British History Online https://www.british-history.ac.uk/lords-jrnl/vol34/pp314-322 [accessed 24 April 2024]

Image
Image
Image
Image
Image
Image
Image
Image
Image

In this section

Die Lun, 13o Februarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Dux Cumberland. Ds. Willoughby Br.
Epus. Londin. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Eliens. Ds. Sandys.
Epus. Cicestrien. Ds. Hyde.
Epus. Oxon. Comes Gower, Prses. Ds. Wycombe.
Epus. Cestrien. Dux Richmond. Ds. Scarsdale.
Epus. Wigorn. Dux Beaufort. Ds. Pelham.
Epus. Meneven. Dux St. Albans.
Epus. Roffen. Dux Balton.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Rockingham.
Comes Hertford, Camerarius.
Comes Exeter.
Comes Denbigh.
Comes Sandwich.
Comes Carlisle.
Comes Doncaster.
Comes Abingdon.
Comes Rochford.
Comes Poulet.
Comes Cholmondeley.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Dalhousie.
Comes Rosebery.
Comes Oxford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Comes Ashburnham.
Comes Effingham.
Comes Bucks.
Comes Hardwicke.
Comes Darlington.
Comes Fauconberg.
Comes Northington.
Comes Spencer.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

E. Rosebery takes the Oaths.

This Day Neil Earl of Rosebery took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Kings Answer to Address of Friday last, reported.

The Lord Chamberlain reported, That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Friday last; and that His Majesty was pleased to say, He thanks the House of Lords for this dutiful Address, and for the Trust they have reposed in him.

Reilly against Windis.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Elizabeth Reilly, complaining of a Decree of the Court of Exchequer in Ireland, of the 18th of November 1773; and also of an Order of the said Court, of the 23d of February 1774; and praying, That the said Decree might be reversed so far as the same extends to the Appellant, and that the said Order might be discharged, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the several Answer of Samuel Windis, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree and 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 Decree and Order there in complained of be, and the same are hereby affirmed.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for granting Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-five.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Marine Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Flintham Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields, Open Meadows, Common Pastures, Common Grounds, and Waste Grounds, within the Parish of Flintham, in the County of Nottingham.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three Preceding Bills.

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

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

Mayows Bill.

Hodie 2a vice lecta est Billa, intituled, An Act for vesting Part of the settled Estates of Philip Wynell Mayow Esquire, in Ashbrenton, alias Ashprington, in Devon, in Trustees, to be fold, and for settling other Estates of greater Value in lieu thereof.

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

Ld. President. L. Abp. Canterbury. L. Willoughby Br.
L. Cathcart.
D. Richmond. L. Sandys.
D. Beaufort. L. Bp. London. L. Hyde.
D. St. Albans. L. Bp. Ely. L. Wycombe.
D. Bolton. L. Bp. Chichester. L. Scarsdale.
D. Portland. L. Bp. Oxford. L. Pelham.
D. Manchester. L. Bp. Chester.
D. Chandos. L. Bp. Worcester.
D. Bridgewater.
M. Rockingham. L. Bp. St Davids.
Ld. Chamberlain. L. Bp. Rochester.
E. Exeter.
E. Denbigh.
E. Sandwich.
E. Carlisle.
E. Doncaster.
E. Abingdon.
E. Rochford.
E. Poulet.
E. Cholmondeley.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Loudoun.
E. Dalhousie.
E. Rosebery.
E. Oxford.
E. Dartmouth.
E. Sussex.
E. Macclesfield.
E. Ashburnham.
E. Effingham.
E. Bucks.
E. Hardwicke.
E. Darlington.
E. Fauconberg.
E. Northington.
E. Spencer.
V. Montague.
V Weymouth.
V. Falmouth.
V. Wentworth.

Their Lordships, or any Five of them, to meet on Tuesday, the 28th Day of this instant February, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to and to adjourn as they please.

Ebbutt et al Petition referred to Judges.

Upon reading the Petition of John Ebbutt, of Saint Mary Cray in the County of Kent, Gentleman, and Thomas Peter, of Leatherhead in the County of Surry, Malster, Two of the surviving and the only acting Guardians of William Lambert, an infant, named and appointed by the last Will and Testament of the (fn. 1) said John Lambert, his late Father, deceased, on the Behalf of the said Williams Lambert; and also of the Right Honourable Edward Smith Stanley, commonly called Lord Stanley; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Ashurst, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion there upon 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.

Burcot Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Common Lands, within the Hamlet of Burcot and Parish of Dorchester, in the County of Oxford 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.

Normanton 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, and Common Pastures, within the District of Normanton, in the Parish of Southwell, in the County of Nottingham; and also the Open Meadow called Cow Meadow, in the said Parish of Southwell, was committed.

Styth to take the Name of Greenalghs Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act, to enable James Greenalgh; heretofore called James Styth, and his Issue, to take and use the Surname of Greenalgh, pursuant to the Will of William Greenalgh, deceased, 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.

His Majestys Message of Friday last read.

The House was moved, That the Message from His Majesty, delivered to this House by the Earl of (fn. 2)Dartmouth on Friday last, together with the Address thereupon, might be read.

The same were accordingly read by the Clerk.

Lidlington Enclosure Bill.

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

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

The said Bill was read the First Time.

Message from H. C. to return De Hahns Nat. Bill.

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

To return the Bill, intituled. An Act for naturalizing George Ernst de Hahn; and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 14o Februarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Abergavenny.
Epus. Londin. Ds. Cathcart.
Epus. Eliens. Comes Gower, Prses. Ds. Sandys.
Epus. Carliol. Ds. Hyde.
Epus. Petriburg. Dux st. Albans. Ds. Scarsdale.
Epus. Cestrien. Dux Bolton. Ds. Pelham.
Epus. Meneven. Dux Devonshire. Ds. Camden.
Epus. Roffen. Dux Portland.
Dux Chandos.
Dux Bridgewater.
March. Rockingham.
Comes Denbigh.
Comes Sandwich.
Comes Carlisle.
Comes Doncaster.
Comes Abingdon.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Dalhousie.
Comes Aberdeen.
Comes Rosebery.
Comes Oxford.
Comes Dartmouth.
Comes Sussex.
Comes Macclesfield.
Comes Waldegrave.
Comes Effingham.
Comes Bucks.
Comes Fauconberg.
Comes Northington.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.

PRAYERS.

Thicknesse against Liege et al.

After hearing Counsel in Part in the Cause, wherein Philip Thicknesse Esquire is Appellant, and Peter Liege and others are Respondents:

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

Lidlington Enclosure Bill.

Hodie 2a vice lecta est Billa intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Manor and Parish of Lidlington, in the County of Bedford.

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

Ld. President. L. Abp. Canterbury. L. Abergavenny.
L. Cathcart.
D. St. Albans. L. Sandys.
D. Bolton. L. Bp. London. L. Hyde.
D. Devonshire. L. Bp. Ely. L. Scarsdale.
D. Portland. L. Bp. Carlisle.
D. Chandos. L. Bp. Peterborough. L. Pelham.
D. Bridgewater. L. Camden.
M. Rockingham. L. Bp. Chester.
L. Bp. St. Davids.
E. Denbigh. L. Bp. Rochester.
E. Sandwich.
E. Carlisle.
E. Doncaster.
E. Abingdon.
E. Jersey.
E. poulet.
E. Cholmondeley.
E. Cassillis.
E. Abercorn.
E. Galloway.
E. Loudoun.
E. Dalhousie.
E. Aberdeen.
E. Rosebery.
E. Oxford.
E. Dartmouth.
E. Sussex.
E. Macclesfield.
E. Waldegrave.
E. Effingham.
E. Bucks.
E. Fauconberg.
E. Northington.
V. Montague.
V. Townshend.
V. Weymouth.

Their Lordships, or any Five of them, to meet To-morrow, at Ten Cock in the Forenoon, in the Princes Lodgings, near the House of Peers and to adjourn as they please.

Normanton and Cow Meadow Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Fields, Meadows, and Common Pastures, within the District of Normanton, in the Parish of Southwell, in the County of Nottingham; and also the Open Meadow called Cow Meadow, in the said Parish of Southwell.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Styth to take the Name of Greenlagh, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act to enable James Greenlagh, heretofore called James Styth and his Issue, to take and use the Surname of Greenalgh, pursuant to the Will of William Greenalgh, deceased.

The Question was put, Whether this Bill shall pass?

It was resolved in the Affirmative.

Burcot and Dorchester Enclosure Bill,

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Common Lands, within the Hamlet of Burcot and Parish of Dorchester, in the County of Oxford.

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 Time preceding Bills.

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

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

Greig et al against Carstairs.

The House being moved, That a Day may be appointed for hearing the Cause wherein Robert Greig of Lethangie and others are Appellants, and James Bruce carstairs Esquire is Respondent:

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

Boyd against Russell; Hearing appointed ex-parte.

The House being moved, That a Day may be appointed for hearing the Cause wherein John Boyd of Wester Greening, a Pauper, is Appellant, and John Russell, of Todsbrights, is Respondent, ex-parte, the Respondent not having put in his Answer thereto, though peremptorily ordered so to do:

It is Ordered, That this House will hear the said Cause, ex-parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondent puts in his Answer thereto in the mean Time.

America Paper relating to, delivered.

The Earl of Dartmouth (by His Majestys Command) delivered to the House,

Extract of a Letter from the Earl of Dunmore to the Earl of Dartmouth. dated Williamsburg, 24th December 1774, received 11th February.

And the Title thereof being read by the Clerk:

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

Tobacco; Accounts relative to, to be lard before the House.

Ordered, That the proper Officer do lay before this House, An Account of the Quantity and Value of all Tobacco imported into England from the British Plantations in America, from Christmas 1769 to Christmas 1774, distinguishing each Year and each Plantation.

Also, An Account of the Quantity and Value of all Tobacco imported into that Part of Great Britain called Scotland from the British Plantations in America, from October 1769 to October 1774, distinguishing each Year and each Plantation.

Also, An Account of the Quantity and Value of all Tobacco exported from England to other Countries, from Christmas 1769 to Christmas 1774, distinguishing each Year and Country.

Also, An Account of the Quantity and Value of all Tobacco exported from that Part of Great Britain called Scotland to other Countries, from October 1769 to October 1774, distinguishing each Year and Country.

Also, An Account of the net Produce of the Duties and Customs on Tobacco in England, from Christmas 1769 to Christmas 1774, distinguishing each Year.

And also, An Account of the net Produce of the Duties and Customs on Tobacco in that Part of Great Britain called Scotland, from October 1769 to October 1774, distinguishing each Year.

Whichcotes 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 for vesting the Estate of Christopher Whichcote Esquire and Jane his Wife, situate in the County of Wilts, entailed by the Will of Francis Tregagle Esquire, deceased, in Trustees, to be sold, and for applying the Monies arising by such Sale in discharging the Incumbrance therein mentioned, and for laying out the Remainder in the Purchase of other. Lands and Hereditaments, to be settled to the same Uses, 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 Tomorrow, and the Lords summoned.

Adjourn.

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

Die Mercurii, 15o February 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Dux Cumberland. Ds. Willoughby Br.
Archiep. Ebor. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Eliens. Ds. Edgecumbe.
Epus. Cicestrien. Ds. Bruce.
Epus. Carliol. Comes Gower, Prses. Ds. Hyde.
Epus. Landaven. Dux Richmond. Ds. Scarsdale.
Epus. Cestrien. Dux Beausort. Ds. Camden.
Epus. Wigorn. Dux Portland.
Epus. Roffen. Dux Chandos.
Comes Denbigh.
Comes Rochford.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Aberdeen.
Comes Marchmont.
Comes Aylesford.
Comes Effingham.
Comes Bucks.
Comes Hardwicke.
Comes Darlington.
Comes De Lawarr.
Viscount Montague.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

E. Ayle ford takes the Oaths.

This Day Heneage Earl of Aylesford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration pursuant to the Statutes.

Kane against Hamilton.

The Answer of the Reverend Nicholas Hamilton to the Appeal of Joseph Kane Esquire, was this Day brought in.

McDowall et al against Mackie.

As was also, The Answer of William Mackie Factor, on the sequestrated Estate of Ebenezer McCulloch and Company, Merchants, in Edinburgh, to the Appeal of John McDowall Merchant, in Glasgow, and others.

Thicknesse against Liege et al.

After hearing Counsel further in the Cause wherein Philip Thicknesse Esquire is Appellant, and Peter Liege and others are Respondents:

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

Lidlington Enclosure Bill:

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Manor and Parish of Lidlington, in the County of Bedford, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were sound 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.

Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Manor and Parish of Lidlington, in the County of Bedford.

The Question was put Whether this Bill shall pass?

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Anguish and Mr. Graves:

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

Blake against Perrin and Vaughan, in Error; Petition to put off the Hearing.

Upon reading the Petition of Hannah Blake Plaintiff, in a Writ of Error depending in this House, and of William Perrin and Thomas Vaughan Defendants in the said Writ of Error, which stands appointed for hearing;setting forth, That the Parties have for some Time been, and now are, under a Treaty of Compromise, but several of them living in Parts beyond the Seas in the West Indies, they have not yet been able finally to settle the Matters in Dispute between them in this Cause; and therefore praying their Lordships, That the Hearing of the said Cause may be adjourned until after all the Causes already appointed:

It is Ordered, That the Hearing of the said Cause be adjourned until after all the Causes already appointed, as desired.

Dicconson et al. Petition referred to Judges.

Upon reading the Petition of William Dicconson Esquire and Meliora his Wife, and Edward Dicconson, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Greenes Divorce Bill.

The Lord Scarsdale presented to the House (pursuant to an Order of Leave of the 8th of this instant February), a Bill, intituled, An Act to dissolve the Marriage of Robert Greene Merchant, with Juliana Greene otherwise Judge, 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 Thursday the 2d Day of March next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the. said Robert Greene 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 Juliana Greene otherwise Judge, 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.

Whichcotes Bill; Standing Order dispensed with.

The Order of the Day being read for taking into Consideration the Motion made Yesterday for dispensing with the Standing Order, No. 126, so far as that the Committee, to whom the Bill, intituled, An Act for vesting the Estate of Christopher Whichcote Esquire and Jane his Wife, situate in the County of Wilts, entailed by the Will of Francis Tregagle Esquire, deceased, in Trustees, to be sold; and for applying the Monies arising by such Sale in discharging the Incumbrance therein mentioned, and for laying out the Remainder in the Purchase of other Lands and Hereditaments, to be settled to the same Uses; stands committed, may proceed upon the said Bill, notwithstanding the said Older should not be complied. with.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be dispensed with in this Case.

Cotton, &c. Manufactures Utensils, Bill:

Hodie 3a vice lecta est Billa, intituled, An Act to repeal so much of an Act, made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to prevent the Exportation to Foreign Parts of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom; as relates to Tools and Implements used in the Woollen Manufactures of this Kingdom, intended to be exported to any of His Majestys Colonies or Plantations in America.

The following Amendment was made to the said Bill; (videlicet),

Pr. 2. L. 2. After [Wool Cards] insert [or Stock Cards, not exceeding in Value Four Shillings per Pair; and Spinners Cards, not exceeding in Value One Shilling and Sixpence per Pair].

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 the former Messengers:

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.

Sir Christopher Treise et al Petition referred to Judges.

Upon reading the Petition of Sir Christopher Treise Knight, John Morshead and William Morshead, Two of the Sons of Olympia Morshead by William Morshead her Husband, and of the said William Morshead and Olympia his Wife, on Behalf of themselves, and of Christopher, Edward, Olympia, Amelia, Mary, Charlotte, and Harriet, their infant Children, and also of Thomas Dennis; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

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

Adjourn.

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

Die Jovis, 16o Februarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Oxon. Ds. Romney.
Epus Bath. & Wells. Dux Beaufort. Ds. Bruce.
Epus. Asaphen. Dux Bolton. Ds. Lyttleton.
Epus. Landaven. Dux Chandos. Ds. Sondes.
Epus. Cestrien. Dux Bridgewater. Ds. Scarsdale.
Epus. Wigorn. Ds. Camden.
Epus. Meneven. Comes Denbigh. Ds. Sundrige.
Epus. Roffen. Comes Peterborough.
Comes Abingdon.
Comes Poulet.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Aberdeen.
Comes Marchmont.
Comes Rosebery.
Comes Aylesford.
Comes Sussex.
Comes Bucks.
Comes Fauconberg.
Comes Northington.
Viscount Montague.
Viscount Townshend.

PRAYERS.

Gray and McDowall against Annand et al.

The Answer of Messieurs Annand and Colquhoun, and of their Assignees and Attorney, to the Appeal of Alexander Gray Writer to the Signet, and John McDowall Merchant in Glasgow, was this Day brought in.

Thicknesse against Liege et al.;

The Order of the Day being read for the further Consideration of the Cause wherein Philip Thicknesse Esquire is Appellant, and Peter Liege and others are Respondents:

Moved, To reverse the Decree of the Court of Chancery of the 21st of March 1774, complained of.

Which being objected to:

After Debate:

The Question was put thereupon?

It was resolved in the Negative.

Whereupon, the following Order and Judgement was made:

Judgement:

After hearing Counsel as well on Tuesday as on Wednesday last, upon the. Petition and Appeal of Philip Thicknesse Esquire; complaining of a Decree of the Court of Chancery of the 21st of March 1774; and praying, That the same might be reversed or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the several Answers of Peter Liege. William Jousselin, John Jousselin, Daniel Pomarede, Samuel Pritchard and Ann his Wife, Mary Armengau, Jacob Lacam and Harriet his Wife, John Alexander Querqui Sieur de Chalats, James Augustus Querqui Sieur de Chatalier, Isaac John Barnouin, Abraham Ogter Jane Margaret Petitpierre, and Ann Elizabeth Petitpierre put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Decree therein complained of be, and the same is hereby affirmed.

E. Breadalbane et al. Petition referred to Judges.

Upon reading the Petition of John Earl of Breadalbane, and of James Menzies the Elder, and Archibald Menzies the Younger, of Culdares in the County of Perth, Esquires, and John Stewart of Cairnies, and George Stewart his Brother German, the only other Two Heirs Substitutes now in being entitled to the Succession of the Estate of Culdares under the Entail of that Estate; 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.

McDowall et al. against Mackie.

The House being moved, That a Day may be appointed for hearing the Cause wherein John McDowal, Merchant in Glasgow, and others, are Appellants, and William Mackie Factor is Respondent:

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

Gray and McDowal against Annan and Colquhoun.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Gray Writer to the Signet, and John McDowal Merchant in Glasgow, are Appellants, and Messieurs Annan and Colquhoun, Merchants in London, are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliament sum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 17o Februarii 1775.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Eliens. Ds. Apsley, Cancellarius. Ds. Le Despencer.
Epus. Lincoln. Ds. Willoughby Br.
Epus. Oxon. Dux Ancaster, Magnus Camerarius. Ds. Cathcart.
Epus. Cestrien. Ds. Cadogan.
Dux Chandos. Ds. Edgecumbe.
Ds. Hyde.
Comes Abercorn. Ds. Scarsdale.
Comes Galloway. Ds. Pelham.
Comes Loudoun.
Comes Aberdeen.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Darlington.
Comes De Lawarr.
Viscount Townshend.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS

Hepburn against Cranston.

Ordered, That the Hearing of the Cause wherein George Hepburn Writer in Edinburgh is Appellant, and the Honourable George Cranston is Respondent, which stands appointed for this Day, be put off to Monday next; and that the Red: of the Causes on Cause Days be removed in Course.

Message from H. C. to return the Cotton, &c. Manufactures Utensils, Bill.

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

To return the Bill, intituled, An Act to repeal so much of an Act made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to prevent the Exportation to Foreign Parts of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom, as relates to Tools and implements used in the Woollen Manufactures of this Kingdom, intended to be exported to any of His Majestys Colonies or Plantations in America; and to acquaint this House, That they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure to robe.

The House was resumed.

King present.

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman usher of the Black Rod to let the Commons know, It is His Majestys Pleasure that they attend Him immediately in this House:

Who being come, with their Speaker,

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

Bills passed.

1. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-five.

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

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

2 An Act for the Regulation of His Majestys Marine Forces while on Shore.

3. An Act to repeal so much of an Act made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to prevent the Exportation to Foreign Parts of Utensils made use of in the Cotton, Linen, Woollen, and Silk Manufactures of this Kingdom; as relates to Wool Cards used in the Woollen Manufactures of this Kingdom, intended to be exported to any of His Majestys Colonies or Plantations in America.

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

Le Roy le veult.

4. An Act for dividing and enclosing the Open Arable Fields, Open Meadows, Common Pastures, Common Grounds, and Waste Grounds, within the Parish of Flintham, in the County of Nottingham.

5. An Act for dividing and enclosing the Open Fields, Meadows, and Common Pastures, within the District of Normanton, in the Parish of Southwell, in the County of Nottingham; and also the Open Meadow, called Cow Meadow, in the said Parish of Southwell.

6. An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Common Lands, within the Hamlet of Burcot and Parish of Dorchester, in the County of Oxford.

7. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, and other Commonable Lands and Grounds, in the Manor and Parish of Lidlington, in the County of Bedford.

8. An Act to enable James Greenalgh, heretofore called James Styth, and his Issue, to take and use the Surname of Greenalgh, pursuant to the Will of William Greenalgh deceased.

9. An Act for naturalizing George Ernst de Hahn.

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

Soit fait comme il est desir.

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

The House was adjourned during Pleasure to unrobe.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum diem instantis Februarii, hora undecima Auror Dominis sic decernentibus.

Die Lun, 20o Februarii 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Londin. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Eliens. Ds. Romney.
Epus. Cicestrien. Comes Gower, Prses. Ds. Scarsdale.
Epus. Bath, & Wells. Ds. Ducie.
Epus. Carliol. Dux Bolton. Ds. Camden.
Epus. Landaven. Dux Chandos. Ds. Sundridge.
Epus. Cestrien. Dux Bridgewater.
Epus. Meneven. March Rockingham.
Epus. Roffen. Comes Stamford.
Comes Doncaster.
Comes Rochford.
Comes Cholmondeley.
Comes Cassillis.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Aberdeen.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Dartmouth.
Viscount Montague.
Viscount Falmouth.
Viscount Leinster.

PRAYERS.

Lords take the Oaths.

This Day William Viscount Leinster and Thomas Lord Ducie took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, Pursuant to the Statutes.

Hepburn against Cranston;

After hearing Counsel this Day upon the Petition and Appeal of George Hepburn Writer in Edinburgh, Trustee of Archibald Megget, late Writer there, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 2d of December 1772 and (fn. 3) January1773; and also of Three Interlocutors of the Lord Ordinary there, of the 28th of January the 21st of July, and 8th of December 1773; and praying, That the same might be reversed, or that the Appellant might have such other Relies in the Premises, as to this House, in their Lordships great wisdom, should seem meet; as also upon the Answer of the Honourable George Cranston, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutors therein complained of be, and the same are hereby affirmed.

Goodmanham Enclosure Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, and a Parcel of Common or Waste Ground, in the Manors of Goodmanham in the County of York to which they desire the Concurrence of this House.

Bigots Nat Bill.

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

With a Bill, intituled, An Act for naturalizing Charles Bigot; to which they desire the Concurrence of this House.

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

African Trade, and Tobicco, Accounts relating to, delivered.

The House being informed, That Mr. Tomkyns from the Custom House attended.

He was called in, and delivered at the Bar, pursuant to an Order of the 14th of this Instant February:

An Account of the Value of the Exports and Imports to and from Africa and England, from Christmas 1739 to Christmas 1773, distinguishing each Year, and the Value of British Goods, Wares, and Merchandize, from Foreign Goods, Wares, and Merchandize.

Also, An Account of the Quantity and Value of all Tobacco exported from England to Foreign Countries, from Christmas 1769 to Christmas 17731 distinguishing each Year and each Country.

And also, An Account of the Quantity and Value of all Tobacco imported into England from the British Plantations in America, from Christmas 1769 to Christmas 1775, distinguishing each Year and each Plantation.

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

D Argylls petition referred to Judge

Upon reading the Petition of John Duke of Argyll, 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 ail 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 the Bill, do sign the same.

Grahams petition referred to judges.

Upon reading the Petition of Robert Graham Clerk, 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.

Sir Jacob Wolff Ux Leave for a Bill

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Jacob Wolff Baronet, Baron of the Roman Empire, on Behalf of himself and his infant Children, and of Dame Ann Wolff 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 for vesting divers Manors, Lands, and Hereditaments, in the County of Southampton (the settled Estate of Sir Jacob Wolff Baronet), in Trustees, to be conveyed to a Purchaser thereof; and for laying out the Money arising by such Sale in the Purchase of other Estates to be settled to the same Uses.

America, Paper relating to, delivered.

The Earl of Dartmouth (by His Majestys Command) said before the House,

Proceedings at a Meeting of Deputies appointed by the several Counties of Maryland, at Annapolis from the 8th to the 12th of December 1774; extracted from the Maryland Gazette, received from Robert Eden Esquire, Deputy Governor of the said Province, 17th February 1775.

And the Title thereof being read by the Clerk:

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

Adjourn.

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

Footnotes

  • 1. sic.
  • 2. Sic. Vide P. 313. b
  • 3. Sic.