House of Lords Journal Volume 36: January 1781

Journal of the House of Lords Volume 36, 1779-1783. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 36: January 1781', in Journal of the House of Lords Volume 36, 1779-1783, (London, 1767-1830) pp. 202-210. British History Online https://www.british-history.ac.uk/lords-jrnl/vol36/pp202-210 [accessed 19 April 2024]

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In this section

January 1781

DIE Jovis, 25o Januarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Eliens.
Epus. Norvicen.
Epus. Bath & Wells.
Epus. Gloucestr.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Cestrien.
Epus. Oxon.
Epus. Exon.
Epus. Meneven.
Dux Cumberland.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Richmond.
Dux Bolton.
Dux Devonshire.
Dux Queensberry.
Dux Athol.
Dux Ancaster & Kesteven.
Dux Portland.
Dux Chandos.
Dux Dorset.
Dux Montagu.
March. Rockingham.
Comes Talbot, Senescallus.
Comes Hertford, Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Pembroke & Montgomery.
Comes Salisbury.
Comes Denbigh.
Comes Westmorland.
Comes Peterborough & Monmouth.
Comes Chesterfield.
Comes Sandwich.
Comes Doncaster.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Galloway.
Comes Aberdeen.
Comes Aylesford.
Comes Sussex.
Comes Macclesfield.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Brooke & Warwick.
Comes Bucks.
Comes Fitzwilliam.
Comes Harcourt.
Comes Fauconberg.
Comes Ilchester.
Comes Spencer.
Comes Chatham.
Comes Hillsborough.
Comes Ailesbury.
Comes Clarendon.
Comes Mansfield.
Viscount Townshend.
Viscount Stormont.
Viscount Wentworth.
Viscount Dudley & Ward.
Viscount Hampden.
Ds. Le Despencer.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Osborne.
Ds. Onslow & Cranley.
Ds. Cadogan.
Ds. Montfort.
Ds. Edgcumbe.
Ds. Fortescue.
Ds. Ponsonby.
Ds. Wycombe.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel & Holland.
Ds. Vernon.
Ds. Camden.
Ds. Digby.
Ds. Sundridge.
Ds. Amherst.
Ds. Rivers.
Ds. Loughborough.
Ds. Gage.
Ds. Brudenell.
Ds. Southampton.
Ds. Porchester.

PRAYERS.

Ld. Vernon takes his Seat:

This Day George Lord Vernon sat first in Parliament after the Death of his Father George Lord Vernon; his Lordship having first at the Table taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Pedigree delivered.

Garter King at Arms delivered in at the Table his Lordship's Pedigree, pursuant to the Standing Order.

Lords take the Oaths.

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

John Duke of Atholl.
Brownlow Duke of Ancaster and Kesteven.
George William Earl of Coventry.
George James Earl of Cholmondeley.
John Earl of Galloway.
Thomas Earl of Macclesfield.
John Earl of Buckinghamshire.
George Simon Earl Harcourt.
John Earl Spencer.
Matthew Lord Fortescue.
John James Lord Lovel and Holland.
Henry Lord Digby.
John Lord Sundridge.

Highclere, &c. Enclosure Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open Arable Fields, Commons and Waste Lands in the Manors and Parishes of Highclere and Burghclere, in the County of Southampton;" to which they desire the Concurrence of this House.

Culham Road Bill.

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

With a Bill, intituled, "An Act for continuing the Term and altering and enlarging the Powers of Two Acts of the Ninth and Twenty eighth Years of His late Majesty King George the Second, for amending and keeping in Repair such Part of the Roads described in the last-mentioned Act, as leads from the End of Culham Bridge next to Culham, in the County of Oxford, to the End of Burford Bridge next to Abingdon, in the County of Berks, and from the Mayor's Stone at the End of Boar Street in the Town of Abingdon aforesaid, to Shippon, in the said County of Berks, and from thence to the West End of the Town of Fyfield, in the said County;" to which they desire the Concurrence of this House.

Kater's Naturalization Bill.

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

With a Bill, intituled, "An Act for naturalizing John Herman Kater;" to which they desire the Concurrence of this House.

Ld. Macdonald against MacLeod. Petition of Appellant to put off the Hearing.

A Petition of Alexander Lord Macdonald Appellant, in a Cause depending in this House to which Norman Mac Leod Esquire, is Respondent, was presented and read; setting forth, "That their Lordships were pleased to appoint this Cause to be heard on the First Cause Day after the Recess at Christmas last; that the Petitioner had the Prospect and Assurance that Mr. Ilay Campbell, who was his leading Counsel in the Court of Session, and who revised and settled the Petitioner's Case, would have been in London on the 25th Instant, so as to have been able to attend at their Lordship's Bar on Behalf of the Petitioner, but by a Letter received on Monday the 22d Instant, the Petitioner hath been advised he cannot be in London sooner than the Month of March next; that the Petitioner being thus disappointed of Mr. Campbell's Attendance at the Time he expected him, deferred to instruct any other Counsel to plead his Cause in his Place till he should know their Lordships further Pleasure;" and therefore praying their Lordships, "To delay the Hearing of this Cause, till he shall be able to instruct another Counsel in Mr. Campbell's Place, or till the 20th of of March next, when he himself will be able to attend."

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

Ordered, That the Hearing of the said Cause be put off to Wednesday next.

Bp. St. Davids to preach on 30th January.

Ordered, That the Lord Bishop of Saint David's be, and he is hereby desired to preach before this House on Tuesday the 30th Day of this Instant January, in the Abbey Church Westminster.

Rupture with Holland, Message from His Majesty relative to:

The Lord Viscount Stormont acquainted the House, That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships;" and the same was read by the Lord Chancellor, and is as follows; (videlicet)

GEORGE R.

His Majesty has judged it proper to acquaint the House of Lords, that during the Recess of Parliament He has been indispensibly obliged to direct Letters of Marque and general Reprizals to be issued against the States General of the United Provinces, and their Subjects.

The Causes and Motives of His Majesty's Conduct on this Occasion, are set forth in His Public Declaration, which He has ordered to be laid before the House.

His Majesty has, with the utmost Reluctance, been induced to take any hostile Measures against a State whose Alliance with His Kingdoms stood not only on the Faith of antient Treaties, but on the soundest Principles of good Policy: He has used every Endeavour to prevail on the States General to return to a Line of Conduct conformable to those Principles, to the Tenor of their Engagements, and to the common and natural Interests of both Countries; and has left nothing untried to prevent, if possible, the present Rupture.

His Majesty is fully persuaded, that the Justice and Necessity of the Measures He has taken will be acknowledged by all the World; relying therefore on the Protection of Divine Providence, and the zealous and affectionate Support of His People, His Majesty has the firmest Confidence that, by a vigorous Exertion of the Spirit and Resources of the Nation, He shall be able to maintain the Honour of His Crown, and the Rights and Interests of His People against all His Enemies, and to bring them to listen to equitable Terms of Peace.

"G. R."

The same was read Twice by the Clerk.

Then the Lord Viscount Stormont (by His Majesty's Command) laid before the House;

Papers relative to Rupture with Holland, delivered:

"Copies of Papers relating to the Rupture with Holland," together with a List thereof; which was read by the Clerk, as follows; (videlicet)

"No. 1. Copy of His Majesty's Manifesto, dated Saint James's, December 20th 1780.

2. Copy of the Precis of what Sir Joseph Yorke said to the Deputies of the States General, November 2d 1778—And Translation.

3. Copy of a Memorial presented by Sir Joseph Yorke to the States General, July 22d 1779—And Translation.

4. Copy of a Memorial presented by Sir Joseph Yorke to the States General, November 26th 1779 —And Translation.

5. Copy of Sir Joseph Yorke's Declaration to the States General, November 10th 1780—And Translation.

6. Copy of a Memorial presented by Sir Joseph Yorke to the States General, December 12th 1780— And Translation.

7. Translation of the Extract of the Resolutions of the States General, December 15th 1780.

"8. Copy of the American Treaty."

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

The said Papers were read by the Clerk.

Motion for Address on His Majesty's Message:

Moved, "That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His most gracious Message, and for having been pleased to communicate to this House His Majesty's public Declaration, setting forth the Causes and Motives which have obliged His Majesty to direct Letters of Marque and general Reprizals to be issued against the States General of the United Provinces, and their Subjects.

To express the Concern and just Indignation with which we observe, that the governing Part of a Nation, whom the Ties of common Interest, and the Faith of mutual Engagements, should have made a sincere Friend, has employed the most hostile and pernicious Means to annoy an ancient Ally, by leaguing with His Majesty's revolted Subjects, and furnishing constant and effectual Aids to His Majesty's inveterate Enemies.

To acknowledge, with the highest Satisfaction and warmest Sentiments of Gratitude, His Majesty's Wisdom in endeavouring to bring the States General back to those Principles which they have deserted, and in the Reluctance His Majesty has shewn to proceed to hostile Measures against a State connected with this Country by the closest Ties of mutual Interest.

To declare, that His Majesty's great Moderation and Forbearance strongly aggravate their Conduct, which made the present Rupture indispensibly necessary.

"To assure His Majesty that we shall, with the warmest and most dutiful Zeal, give every Support to those vigorous Measures which His Majesty has determined to pursue; and that we are sensible they are founded in Wisdom and Justice, and are such as the Honour of His Majesty's Crown, and the essential Interests of the Nation require."

Amendment to postpone Address negatived:

Then it was moved, "That this Motion for an Address be postponed, in order that the House may take into Consideration another Motion for an Address to His Majesty, that he would be graciously pleased to give Orders that there be forthwith laid before this House Copies of all the Treaties lately subsrsting between Great Britain and the States of the Seven United Provinces; and also of the Correspondence between His Majesty's Ministers and His late Ambassador at the Hague; and of all Memorials, Requisitions, Manifestoes, Answers and other Papers, which have passed between the Two Courts, as far as they relate in any respect to the present Rupture, or to any Misunderstanding or Complaints which have existed between the Two Nations since the Commencement of Hostilities between Great Britain and the Provinces of North America:"

Which being objected to,

After long Debate,

The Question was put, "Whether to agree to the said Motion?"

It was resolved in the Negative.

Then it was moved, "To agree to the said Motion for an Address to His Majesty."

The Question was put thereupon:

It was resolved in the Affirmative.

DISSENTIENT.

Protests thereupon:

1st. Because we cannot consent to involve this and other Nations in all the Horrors of War, but upon the clearest Proofs both of Justice and Necessity; and it would be peculiarly inconsistent with our public Trust without such Evidence to give a Parliamentary Sanction to a War against the antient and national Allies of this Nation.

It is on the Justice of our Cause, and on the absolute Necessity of proceeding to such Extremities, that we must be answerable to God and our Consciences for a Measure which necessarily plunges Millions of innocent People in the utmost Distress and Misery. It is on this Foundation alone that we can with Confidence pray for Success, or hope for the Protection of Providence.

We conceive that a careful, and above all an impartial Examination of the Correpondence between His Majesty's Ministers and His late Ambassador at the Hague, and of all the Memorials, Complaints, Requisitions, Manifestoes, Answers, and other Papers which have passed between the Two Courts, as far as they relate in any Respect to the present Rupture, is indispensible to warrant Parliament in pronouncing whether the Hostilities which His Majesty has authorized His Subjects to commence against those of the Seven United Provinces, are, or are not founded in Justice; and consequently before they can, with Propriety, offer to His Majesty any Advice, or promise Him any Assistance in the present Conjuncture.

The sudden Attack which the Ministers have advised His Majesty to begin against the Property of our Neighbours, failing in full Confidence of Peace and of their Alliance with this Nation, made without allowing the usual Time, stipulated by Treaties, even between Enemies, for securing the Property of unsuspecting Individuals in case of a sudden Rupture, is a Proceeding which, till explained, must appear unwarranted by the Law of Nations, and contrary to good Faith. Nor can we upon the bare Recommendation of Ministers, approve of such a Conduct, or determine upon the nice Construction of Treaties and reciprocal Obligations, without so much as hearing what our late Allies and Friends have on their Side to alledge.

But the Influence of His Majesty's Ministers in Parliament has been such, as to obtain not only the Rejection of a Motion which has been made for this necessary Information, but also to induce this great Council of the Nation, on a Matter deeply affecting their most important Interests, to give a solemn Opinion without any Knowledge of the Facts on which they have pronounced with so blindfold a Compliance to the Will of the Court.

2dly. Because however sufficient the Reason of Justice ought to be, that of Expendiency may perhaps be more prevalent, and is not wanting on this Occasion.

It has been the uniform and approved Policy of our ablest Statesmen for near a Century, to form Alliances, and to unite with the Powers on the Continent, to resist the Ambitious Attempts of the House of Bourbon. The Protestant Republic of Holland, from the Freedom of its Constitution and Sentiment, as well from its Religion, has ever been deemed a valuable Support of the Liberties of Europe. Twice have they been on the very Verge of falling a Sacrifice to France in this Cause, and we can never believe that their old Affection to Great Britain can have been alienated, much less that a direct Rupture with them can have become necessary on our Part, without gross Mismanagement in Our Councils. We cannot but form the most serious Apprehensions at seeing the Three great Protestant and free Countries of Great Britain, North America, and Holland, so weakening each other by War, as to become an easy Prey to the antient Enemy of them all, whenever she shall please to turn her Arms against them.

We are not insensible of the distressful Situation with respect to the armed Neutral Powers, into which we have been led, Step by Step, by the unfortunate American War; but as we are convinced that wicked and weak Councils have been the sole Cause of that unhappy Contest, so we are persuaded that honest and able Ministers might have prevented this, amongst some of its wretched Consequences.

But whilst the same Measures which have caused our unexampled Calamities, continue to be pursued and cherished, whilst a System of Corruption prevails which must exclude both Ability and Integrity from our Councils, whilst every Interest of the State is sacrificed to its Support, and every attempt at Reformation rejected, our Condition can change but from bad to worse.

It is not for us to pretend to foretel Events which are in the Hand of Providence, but if Causes are suffered to produce their natural Consequences, we cannot but apprehend from the present Conduct of our Affairs every Danger to this Country, both Foreign and Domestic, to which a Nation can be exposed.

Richmond.
Portland.
Fitzwilliam.
Harcourt.
Ferrers.
Rockingham.
Devonshire.
Pembroke.
Coventry.

DISSENTIENT for the above Reasons, and, For that instead of being convinced of the Justice, Necessity or Policy of a War with Holland, as we ought to be before we give Our Sanction to that Measure, it appears to us, as far as the Information we possess enables us to judge, to be equally contrary to the Interests of both Countries, and to the Inclinations of all, whose Inclinations ought to influence the Councils of either: Of such Inclination in many respectable Members of the Dutch Government, we thought we saw (and we saw it with Pleasure) a sufficient Indication to encourage us to hope, that it is not yet too late to open a Negotiation, by which (if conducted with the Temper and in the Language of Conciliation) we may avert the Evils which the Continuance of this unnatural War cannot fail to produce.

With this View it was recommended in the Debate, with the Earnestness and Seriousness suitable to the Occasion, not to lose an Hour in proposing a Cessation of Hostilities with Holland, for the Purpose of meeting and cultivating a friendly Disposition, of reconciling commercial Differences, and of restoring that Union of political Interests, which has hitherto been thought fundamentally necessary to the Preservation of the Protestant Religion, and of the Liberties of Europe: The Inattention of His Majesty's Ministers to such a Proposition in the actual Circumstances of this Country, their Disinclination to the Objects of it, so plainly manifested by the unprecedented Confiscations intended by their Proclamations of the 20th of December last, the Loss of so valuable an Ally, the Accession of so considerable a Force to the formidable Powers antecedently combined against us, and the just Grounds it affords to apprehend the Accession of other Powers to that Combination, leave us no other Part to take as Members of this House, after having stated our Ideas of the Extent of the Danger, and suggested what we conceive to be the best and only Remedy, than to enter our solemn Protest to exculpate ourselves from being accessary to that Accumulation of Evils, which we foresee, and think might be, but will not be, prevented.

Wycombe.
Camden.
Richmond.
Ferrers.
Portland.
Rockingham.
Fitzwilliam.
Pembroke.

Committee to prepare an Address.

Then the Lords following were appointed a Committee to prepare an Address pursuant thereto; (videlicet)

Ld. President.
D. Queensberry.
D. Athol.
D. Chandos.
D. Dorset.
Ld. Steward.
Ld. Chamberlain.
E. Huntingdon.
E. Salisbury.
E. Denbigh.
E. Sandwich.
E. Rochford.
E. Abercorn.
E. Galloway.
E. Macclesfield.
E. Waldegrave.
E. Ashburnham.
E. Fauconberg.
E. Hillsborough.
E. Ailesbury.
E. Clarendon.
V. Townshend.
V. Stormont.
V. Wentworth.
V. Hampden.
L. Abp. Canterbury.
L. Abp. York.
L. Bp. Ely.
L. Bp. Norwich.
L. Bp. Bath & Wells.
L. Bp. Gloucester.
L. Bp. Litch. & Cov.
L. Bp. Bangor.
L. Bp. St. Davids.
L. Le Despencer.
L. Willoughby Br.
L. Onslow & Cranley.
L. Cadogan.
L. Edgcumbe.
L. Grantham.
L. Scarsdale.
L. Boston.
L. Digby.
L. Sundridge.
L. Amherst.
L. Loughborough.
L. Southampton.

Their Lordships, or any Five of them, to meet immediately in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure, and the Committee withdrew to prepare the Address.

After some Time the House was resumed:

Address reported and agreed to.

And the Lord Viscount Stormont reported from the Committee an Address, drawn by them, as follows; (videlicet)

Most Gracious Sovereign,

We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks for Your most gracious Message, and for having been pleased to communicate to this House Your Majesty's public Declaration, setting forth the Causes and Motives which have obliged Your Majesty to direct Letters of Marque and general Reprisals to be issued against the States General of the United Provinces, and their Subjects.

We observe, with much Concern and just Indignation, that the governing Part of a Nation, whom the Ties of common Interest, and the Faith of mutual Engagements should have made a sincere Friend, has employed the most hostile and pernicious Means to annoy an ancient Ally, by leaguing with Your Majesty's revolted Subjects, and furnishing constant and effectual Aids to Your inveterate Enemies.

We acknowledge, with the highest Satisfaction and warmest Sentiments of Gratitude, Your Majesty's Wisdom in endeavouring to bring the States General back to those Principles which they have deserted, and in the Reluctance You have shewn to proceed to hostile Measures against a State connected with this Country by the closest Ties of mutual Interest. Your Majesty's great Moderation and Forbearance strongly aggravate their Conduct, which made the present Rupture indispensably necessary.

"We beg leave to assure Your Majesty, that we shall with the warmest and most dutiful Zeal, give every Support to those vigorous Measures which Your Majesty has determined to pursue. We are sensible they are founded in Justice and Wisdom, and are such as the Honour of Your Majesty's Crown, and the essential Interests of the Nation require."

Which Address, being read by the Clerk, was agreed to by the House.

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended therewith.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Veneris, 26o Januarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Chandos.
Comes Hertford, Camerarius.

PRAYERS.

His Majesty to be attended with the Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, "humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address;" and that His Majesty had appointed this Day at Half an Hour past Two o'Clock, at His Palace of St. James."

Ambrose against Hodgson et Ux.

Ordered, That the Hearing of the Cause wherein John Ambrose is Appellant, and Robert Hodgson and Catherine his Wife, are Respondents, which stands appointed for this Day, be put off to Friday next; and that the Judges do then attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Lunæ, 29o Januarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Exon.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Dux Athol.
Dux Chandos.
March. Rockingham.
Comes Pembroke & Montgomery.
Comes Westmorland.
Comes Doncaster.
Comes Abercorn.
Comes Dunmore.
Comes Ferrers.
Comes Ker.
Comes Bucks.
Comes Fitzwilliam.
Viscount Dudley & Ward.
Ds. Montfort.
Ds. Scarsdale.
Ds. Rivers.
Ds. Porchester.

PRAYERS.

King's Answer to Address.

The Lord Chancellor reported, "That the House did on Friday last present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer:"

My Lords,

I thank you for this very dutiful and affectionate Address.

I have the fullest Reliance upon your Support, and I trust that the vigorous Exertions I am determined to make, will, under the Providence of God, defeat the Designs of all My Enemies, and procure to My People the Blessings of a safe and honourable Peace.

Ordered, That His Majesty's Message, together with the Address, and His Majesty's most gracious Answer thereto, be forthwith printed and published.

E. Dunmore takes the Oaths.

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

Gooch for a Divorce Bill:

Upon reading the Petition of William Gooch Esquire, praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Sarah Gooch 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 presented.

Accordingly, The Earl of Buckinghamshire presented to the House, a Bill, intituled, "An Act to dissolve the Marriage of William Gooch Esquire, with Elizabeth Sarah Gooch 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 Tuesday the 13th Day of February next, and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said William Gooch 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 Elizabeth Sarah Gooch 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.

Ld. W. Gordon against V. Irwin et al.

Upon reading the Petition and Appeal of the Right Honourable William Gordon, commonly called Lord William Gordon, complaining of an Order of the Court of Chancery of the 2d Day of January Instant; and praying, "That the same may be reversed, and the Master's last-mentioned Report therein confirmed, 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 Frances Viscountess Irwin, Francis Seymour Conway, commonly called Lord Viscount Beauchamp, and Isabella Ann his Wife, Frances Ingram Shepheard, Elizabeth Ingram Shepheard, Harriot Ingram Shepheard, Louisa Susannah Ingram Shepheard and Albany Wallis, may be required to answer the said Appeal:"

It is Ordered, That the said Frances Viscountess Irwin, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 12th Day of February next.

Hingham Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands within the Parish of Hingham, in the County of Norfolk."

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

D. Athol.
D. Chandos.
M. Rockingham.
E. Pembroke & Montgomery.
E. Westmorland.
E. Doncaster.
E. Abercorn.
E. Dunmore.
E. Ferrers.
E. Ker.
E. Bucks.
E. Fitzwilliam.
E. Rivers.
V. Dudley & Ward.
L. Abp. York.
L. Bp. Exeter.
L. Bp. St. Davids.
L. Montfort.
L. Scarsdale.
L. Porchester.

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

Shotesham Saint Mary, &c. Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Commons and Waste Lands in the Parishes of Shotesham Saint Mary, Shotesham Saint Botolph, Shotesham All Saints and Shotesham Saint Martins, in the County of Norfolk."

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.

Stratford, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Term of an Act, made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing and widening the Roads from the Borough of Stratford upon Avon, in the County of Warwick, through Alcester, in the said County, and Teckenham, to a Place called Bradley Brook, in the County of Worcester; and from Alcester through Great Coughton and Crab's Cross, in the said County of Warwick; and through Hewell Lane and Burcott, to The Cross of Hands, on a Common called The Leekhay; and out of Hewell Lane, through Church Lane and Tutnell, to Bromsgrove, in the said County of Worcester."

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.

Culham, &c. Road Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of Two Acts of the Ninth and Twenty-eighth Years of His late Majesty King George the Second, for amending and keeping in Repair such Part of the Roads described in the last mentioned Act, as leads from the End of Culham Bridge next to Culham, in the County of Oxford, to the End of Burford Bridge next to Abingdon, in the County of Berks; and from the Mayor's Stone, at the End of Boar Street, in the Town of Abingdon aforesaid, to Shippon, in the said County of Berks; and from thence to the West End of the Town of Fyfield, in the same county."

Kater's Naturalization Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing John Herman Kater."

Highclere, &c. Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Arable Fields, Commons and Waste Lands, in the Manors and Parishes of Highclere and Burghclere, in the County of Southampton."

Petition against it.

Upon reading the Petition of several Persons, whose Names are thereunto subscribed, on Behalf of themselves, and the rest of the Proprietors of Lands within the Manor and Parish of East Woodhay, in the County of Southampton, taking Notice of the last mentioned Bill; and praying, "That they may be heard by themselves, or their Counsel, against so much of the said Bill as affects the Rights of the Petitioners:"

It is Ordered, That the said Petition do lie on the Table.

Allan et al. against Robertson et al.

Upon reading the Petition and Appeal of Janet Allan, Relict of John Cameron late of Carntyne; John, Robert, Hugh, James, Archibald, William, Allan, Jean, Janet, and Christian Camerons, younger Children of the Marriage between the said deceased John Cameron and the said Janet Allan; Andrew Gray Coalmaster at Kennyhill, Husband to the said Jean Cameron; and the Tutors and Curators of the said Hugh, James, Archibald, William, Janet and Christian Camerons; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 19th of July and 24th of November 1780; and praying, "That the same may be reversed or altered, or that the Appellants may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that John Robertson, David Elliot, Robert Carrick and Patrick Colquhoun, all Merchants in Glasgow, and Robert Trotter Writer to the Signet, Creditors of Richard Cameron and the Petitioners, may be required to answer the said Appeal:"

It is Ordered, That the said John Robertson, David Elliot, Robert Carrick, Patrick Colquhoun and Robert Trotter, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 26th Day of February next; and Service of this Order upon any of the Agents or Procurators for the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.

Inglis against Douglas & Co.

Upon reading the Petition and Appeal of Lawrence Inglis Writer in Edinburgh, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 17th of November 1780; and praying, "That the same may be reversed, varied or altered, in so far as the same is complained of, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Messieurs Douglas, Heron and Company, Bankers in Ayr, George Home Writer to the Signet, their Factor and Manager, and John McGhie of Balmaghie, may be required to answer the said Appeal:"

It is Ordered, That the said Messieurs Douglas, Heron and Company, George Home and John McGhie, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto in Writing, on or before Monday the 26th Day of February next; and Service of this Order upon the said Respondents, or upon any of their Counsel or Agent in the Court of Session in Scotland, shall be deemed good Service.

Pratchitt's Petition referred to Judges.

Upon reading the Petition of John Pratchitt Gentleman, and Jane his Wife, and William Pratchitt Gentleman, praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:

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

Gemmell against Fergusson.

Upon reading the Petition of Robert Gemmell Esquire, Appellant in a Cause depending in this House, to which George Fergusson Esquire is Respondent, which stands appointed for hearing; setting forth, "That during the last Session of Parliament the Petitioner presented his Appeal to their Lordships, from an Interlocutor pronounced by the Court of Session in Scotland, on the 29th of February 1780; that since presenting his said Appeal, the Petitioner has been advised that the Interlocutor therein complained of is agreeable to Law, and therefore he is desirous of withdrawing his said Appeal, and of his Intention he gave Notice to the Agent for the Respondent as early as the 5th Day of December last, and has agreed to pay the Respondent Five Pounds for his Costs;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal upon Payment of Five Pounds Costs to the Respondent, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the said Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of Five Pounds Costs to the Respondent.

Montgomery against Fergusson.

Upon reading the Petition of Robert Montgomery Esquire, Appellant in a Cause depending in this House, to which George Fergusson Esquire, is Respondent, which stands appointed for Hearing; setting forth, "That during the last Session of Parliament the Petitioner presented his Appeal to their Lordships, from an Interlocutor pronounced by the Court of Session in Scotland. on the 29th of February 1780; that since presenting his said Appeal, the Petitioner has been advised that the Interlocutor therein complained of is agreeable to Law, and therefore he is desirous of withdrawing his said Appeal, and of his Intention he gave Notice to the Agent for the Respondent as early as the 5th Day of December last, and has agreed to pay the Respondent Five Pounds for his Costs;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, upon Payment of Five Pounds Costs to the Respondent, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of Five Pounds Costs to the Respondent.

Macpherson against Fergusson.

Upon reading the Petition of Major James Macpherson Appellant in a Cause depending in this House, to which George Fergusson Esquire is Respondent, which stands appointed for hearing; setting forth, "That during the last Session of Parliament, the Petitioner presented his Appeal to their Lordships from an Interlocutor pronounced by the Court of Session in Scotland, on the 29th of February 1780; that since presenting his said Appeal the Petitioner has been advised that the Interlocutor therein complained of is agreeable to Law; and therefore he is desirous of withdrawing his said Appeal, and of his Intention he gave Notice to the Agent for the Respondent as early as the 5th Day of December last, and has agreed to pay the Respondent Five Pounds for his Costs;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal, upon Payment of Five Pounds Costs to the Respondent, the Agent for the said Respondent having signed the said Petition as consenting thereto:"

Appeal withdrawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal as desired, upon Payment of Five Pounds Costs to the Respondent.

Chasseaud for a Naturalization Bill:

Upon reading the Petition of Peter Chasseaud, praying Leave to bring in a Bill for his Naturalization:

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

Bill presented.

Accordingly, the Earl of Buckinghamshire presented to the House a Bill, intituled, "An Act for naturalizing Peter Chasseaud."

The said Bill was read the First Time.

Siordet and Hooffstetter for a Naturalization Bill:

Upon reading the Petition of James Mary Siordet and John Lewis Hooffstetter, praying Leave to bring in a Bill for their Naturalization:

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

Bill presented.

Accordingly, the Earl of Buckinghamshire presented to the House a Bill, intituled, "An Act for naturalizing James Mary Siordet and John Lewis Hooffstetter."

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Januarii, horâ undecimâ Auroræ, Dominis sic decernentibus.

DIE Martis, 30o Januarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Ds. Thurlow, Cancellarius.

PRAYERS.

Martyrdom of King Charles observed.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum primum diem instantis Januarii, horâ undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 31o Januarii 1781.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.
Archiep. Ebor.
Epus. Norvicen.
Epus. Lincoln.
Epus. Meneven.
Ds. Thurlow, Cancellarius.
Comes Bathurst, Præses.
Dux Athol.
Dux Ancaster & Kesteven.
Dux Chandos.
Comes Westmorland.
Comes Sandwich.
Comes Doncaster.
Comes Abercorn.
Comes Marchmont.
Comes Ferrers.
Comes Strafford.
Comes Ker.
Comes Gower.
Comes Bucks.
Comes Darlington.
Comes Hillsborough.
Comes Clarendon.
Comes Mansfield.
Viscount Stormont.
Viscount Wentworth.
Ds. Onslow & Cranley.
Ds. Edgcumbe.
Ds. Scarsdale.
Ds. Amherst.
Ds. Loughborough.
Ds. Porchester.

PRAYERS.

Lords take the Oaths.

This Day William Earl of Strafford, Granville Leveson Earl Gower and Henry Earl of Darlington took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ld. W. Gordon against V. Beauchamp et Ux.

The Answer of the Right Honourable Francis Seymour Conway, commonly called Lord Viscount Beauchamp and Isabella Ann his Wife, to the Appeal of the Right Honourable William Gordon commonly called Lord William Gordon was this Day brought in.

Ld. W. Gordon against V. Irwin et al.

As was also, the Answer of Frances Viscountess Irwin and Albany Wallis and others, to the Appeal of the Right Honourable William Gordon commonly called Lord William Gordon.

Ambrose against Belchier.

And also, the several Answers of Catherine Belchier to the Appeal of John Ambrose.

Ld. Macdonald against MacLeod.

After hearing Counsel in Part in the Cause wherein Sir Alexander Macdonald of Macdonald, Baronet, (now Lord Macdonald) is Appellant, and Norman Mac Leod and his Guardians are Respondents:

It is Ordered, That the further hearing of the said Cause be put off to Friday next.

Causes put off.

Ordered, That the Hearing of the Cause wherein John Ambrose is Appellant, and the Reverend Robert Hodson Clerk, and Catherine his Wife and Catherine Belchier are Respondents, which stands appointed for Friday next, be put off to Wednesday next, and that the Judges do then attend; and that the rest of the Causes be removed in Course.

Thanks to Bp. St. Davids for his Sermon.

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

Shotesham Saint Mary, &c. Enclosure Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, "An Act for dividing and enclosing the Commons and Waste Lands in the Parishes of Shotesham Saint Mary, Shotesham Saint Botolph, Shotesham All Saints and Shotesham Saint Martin's, in the County of Norfolk," 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."

Stratford, &c. Road Bill.

The Lord Scarsdale also reported from the Lords Committees, to whom the Bill, intituled, "An Act for continuing the Term of an Act made in the Twenty-seventh Year of the Reign of His late Majesty, for repairing and widening the Roads from the Borough of Stratford upon Avon, in the County of Warwick, through Alcester in the said County, and Feckenham, to a Place called Bradley Brook, in the County of Worcester; and from Alcester through Great Coughton and Crab's Cross, in the said County of Warwick, and through Hewell Lane and Burcott to the Cross of Hands on a Common called the Leekhay; and out of Hewell Lane through Church Lane and Tutnell to Bromsgrove, in the said County of Worcester," 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."

Public Accounts, Second Report of Commissioners delivered.

The House being informed, That Mr. Beachcroft and Mr. Drummond, Commissioners appointed to examine, take and state the Public Accounts of the Kingdom, attended:

They were called in, and delivered at the Bar;

"The Second Report of the Commissioners appointed to examine, take and state the Public Accounts of the Kingdom:"

And then they withdrew.

And the Title thereof being read by the Clerk:

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

Chalmer to enter into Recog. on Allan's Appeal.

The House being moved, "That James Chalmer of Leicester Fields in the County of Middlesex Gentleman, may be permitted to enter into a Recognizance for Janet Allan and others, on account of their Appeal depending in this House, they residing in Scotland:"

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

Ld. W. Gordon against V. Irwin et al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein the Right Honourable William Gordon commonly called Lord William Gordon is Appellant, and Frances Viscountess Irwin and others, are Respondents:"

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

Upon reading the Petition of the Right Honourable William Gordon commonly called Lord William Gordon Appellant in a Cause depending in this House, to which Frances Viscountess Irwin and others are Respondents; which stands appointed for hearing, setting forth, "That pursuant to their Lordships Order of the 29th Instant, all Parties have put in their Answers to the Appeal; that from the Nature of the Petitioner's Case he is anxious that the said Appeal may be heard before their Lordships as early as their Lordships Convenience will admit;" and therefore praying their Lordships, That a short Day may be appointed for hearing the Petitioner's Appeal:"

It is Ordered, That the said Petition do lie on the Table.

Spottiswoode to enter into Recog. on Inglis's Appeal.

The House being moved, "That John Spottiswoode Gentleman, may be permitted to enter into a Recognizance for Lawrence Inglis Writer in Edinburgh, on account of his Appeal depending in this House, he living in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Februarii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.