House of Lords Journal Volume 30: January 1763

January 1763

DIE Jovis, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield, Lord Chief Justice of the King's Bench, sat Speaker, in the Absence of the Lord Chancellor, by virtue of a former Commission.

Grosett against Sir J. Murray.

The Answer of Sir James Murray, to the Appeal of James Grosett of London Merchant:

L. Rob. Manners & al. against Moore.

Also, the Answer of Stephen Moore the Younger Esquire, to the Appeal of the Lord Robert Manners and others;

Were this Day brought in.

Aberbrothock, Duty on Beer, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing an Act passed in the Eleventh Year of His late Majesty King George the Second, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrotbock, and Liberties thereof."

Elphinston & al. against Hay & al.

Upon reading the Petition and Appeal of Charles Elphinston Esquire, Son to the deceased Lord Elphinston, and John Gray of Condorat; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 6th, 7th, and 11th Days of August 1762; and of another Interlocutor of the said Lords, of the 28th of September 1762; and likewise of an Interlocutor of the Lord Ordinary, of the 11th of this Instant January; and praying, "That this House will give the Appellants such Relief in the Premises as to their Lordships in their great Wisdom shall seem just; and that James Hay and James Hamilton may be required to answer the said Appeal:"

It is Ordered, That the said James Hay and James Hamilton may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 17th Day of February next; and Service of this Order upon their lawful Attorney or Agents before the Court of Session in Scotland shall be deemed good Service.

L. Ch. Spencer & al. against D. of Mariborough: Judges to attend.

Ordered, That the Cause wherein Lord Charles Spencer and others are Appellants, and his Grace George Duke of Marlborough is Respondent, which stands appointed for To-morrow, be put off till Tuesday the First Day of February next; and that the Judges do then attend.

Fyfield Road, Bill.

Ordered, That the Committee on the Fyfield Road Bill be revived; and meet on Monday next.

Neal's Bill.

Ordered, That the Sitting of the Committee on a Private Bill of Mr. Neale's, which is appointed for Tomorrow, be put off till Monday next.

Hazeland's Divorce, Bill: Witnesses to attend.

Ordered, That Anne Franel and Mary Ealand do attend this House on Thursday the 3d Day of February next, to be examined, as Witnesses, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Hazeland Clerk with Mary Walley his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

Respondents peremptorily to answer the Two Appeals of Mackenzie & al. Magistrates of Dingwall.

The House was informed, "That Colonel John Scott and others, Respondents to the Appeal of John Mackenzie of Brae and Donald Morison, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Robert Watt of Edinburgh, of the due Service of the said Order, being read:

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

The House was also informed, "That the said Colonel John Scott and the same Parties, Respondents to another Appeal of the said John Mackenzie, Donald Morison, and of His Majesty's Advocate for Scotland, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of the said Robert Watt, of the due Service of the said Order, being read:

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

Respondents peremptorily to answer M'Murtrie's Appeal.

The House was also informed, "That Robert Blackwood and others, Respondents to the Appeal of William M^cMurtrie, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of Henry Eccleston of the City of Dublin, of the due Service of the said Order upon all the Respondents except William Macartney; and an Affidavit of William Elliot of Philpot Lane, London, of the due Service of the said Order upon the said William Macartney; being read:

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

Pleadings, &c. in Four Causes proved.

The House was informed, "That Walter Sweetman attended, in order to deliver in Copies of Pleadings and Proceedings relating to Four Causes depending in this House; in One of which, George Grace Esquire is Appellant, and Terence Egan and others are Respondents; in another, Isaac Espinasse and his Wife are Appellants, and Eusebius Lowe and others are Respondents; in another, Alexander Woods is Appellant, and Catherine Daly is Respondent; and in the other, George Rochfort Esquire and his Wife are Appellants, and the Earl of Clanrickard and others are Respondents."

And thereupon he was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Mercers Company's Accompts delivered.

The House being informed, "That Mr. Cawne, Clerk to the Mercers Company, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of Parliament of the 21st Year of the Reign of His late Majesty,

"The Accompts of the Wardens and Commonalty of the Mystery of Mercers of the City of London, from the 10th of October 1761, to the 10th of October 1762."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

Browne against White & al.: Cross Appeal.

The Answer of John White Esquire, Elizabeth White Spinster, Jane White Spinster, and Jordan Roche Esquire, Four of the Respondents to the Cross Appeal of Thomas Browne Esquire:

Also, the Answer of James Ward, One other of the Respondents to the said Cross Appeal:

And also, the Answer of Edward Bullingbroke and Thomas Southwell Esquires, the Two other Respondents to the said Cross Appeal:

Were this Day brought in.

Brebner against Haliburton & al.

As were also, the Answer of John Haliburton and Company, Merchants in Edinburgh, to the Appeal of Alexander Brebner Merchant:

And the Answer of James Burnett, to the Appeal of John Spottiswoode.

Corporation of Hull and Mr. Poole, Petition for a Bill, to enclose Lands, &c. in Sutton in Holderness, referred to Judges.

Upon reading the Petition of the Mayor and Burgesses of the Town of Kingston upon Hull, and of Charles Poole Esquire, a considerable Owner of Lands, and of Common Right, Houses, and Tenements, within the Parish of Sutton in Holderness in the County of York, and Impropriator of the Great and Small Tithes within the said Parish, and several other Persons, whose Names are thereunto subscribed, in Behalf of themselves and several others, being a considerable Majority, in Number and Value, of the Owners of Lands and Common Right, Houses, and Tenements, in the Parish of Sutton aforesaid; praying Leave to bring in a Bill, for dividing and enclosing the commons, Wastes, Open Common Fields, and Pieces of Arable Land, Meadow, and Pasture Ground, in the Parish of Sutton aforesaid, and allotting specifick Shares thereof to the several Parties interested therein, 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.

Fyfield Road, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, of the Sixth and Twelfth Years of His late Majesty's Reign, for repairing the Road from Fyfield in the County of Berks, to Saint John's Bridge in the County of Gloucester, and from an Inn called The Hind's Head in the Parish of Kingston Bagpuze in the said County of Berks, to that Part of Newbridge which stands in the said County of Berks; and for rendering the said Acts more effectual," 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."

Neal's Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Nathaniel Neal Gentle man and Elizabeth his Wife; and for making the same more effectual, for the Benefit of the Children of that Marriage," 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."

Ordered, That the said Bill be engrossed.

Brebner against Haliburton & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Brebner Merchant is Appellant, and John Haliburton and Company Merchants 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.

Woods to amend his Appeal.

Upon reading the Petition of Alexander Woods; setting forth, "That a Mistake was made in transcribing the Petitioner's Appeal, by writing the Word ["February"] instead of ["April"]; and praying, In regard no Proceedings have as yet been had upon the said Appeal, that he may be at Liberty to amend his said Appeal, by inserting the Word ["April"], instead of ["February"]:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired.

Ward against Browne & al.; & è contra.

After hearing Counsel in Part, in the Causes wherein James Ward is Appellant, and Thomas Browne and others are Respondents; & è contra:

It is Ordered, That the further Hearing of the said Causes be adjourned till To-morrow.

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum effe usque ad & in diem Martis, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Mansfield sat Speaker.

D. of Gordon against E. of Moray and E. of Fife.

The Answer of James Earl of Moray and William Earl of Fife, to the Appeal of Alexander Duke of Gordon and his Curators:

M'Murtrie against Blackwood & al.

Also, the Answer of Robert Blackwood, John Blackwood, Michael Cromie, and Hamilton M^cClure, Four of the Respondents to the Appeal of William M^cMurtrie:

Rochfort against E. of Clanrickard.

Also, the Answer of Smith Earl of Clanrickard in the Kingdom of Ireland, One of the Respondents to the Appeal of George Rochfort Esquire and Alice his Wife;

Lightbourne & al. against Gill & al.

And also, the Answer of Mary Gill Widow and Henrietta Colles Widow, to the Appeal of Stafford Lightburne Clerk and others;

Were this Day brought in.

Ld. R. Manners & al. against Moore & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Lord Robert Manners and others are Appellants, and Stephen Moore Esquire and others 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.

Ward against Browne & al.

After hearing Counsel, as well Yesterday as this Day, upon the Original Petition and Appeal of James Ward of the City of Dublin in the Kingdom of Ireland; complaining of a Decree of the Court of Chancery in the said Kingdom, of the 29th of June 1761; and praying, "That the same might be amended, varied, or rectified; or that this House would be pleased to make such other Order for the Appellant's Relief as the Nature and Circumstances of the Case might require:" And likewise upon the Cross Appeal of Thomas Browne Esquire; complaining of certain Parts of the said Decree; and praying, "That this House would be pleased to amend, vary, and rectify the same, in the several Particulars complained of; or that such Order might be made for the Appellant's Relief as the Nature and Circumstances of the Case might require:" As also upon the Answer of the said Thomas Browne put in to the said Original Appeal; and likewise upon the Answer of James Ward Gentle man, and the Answers of John White Esquire, Elizabeth White Spinster, Jane White Spinster, and Jordan Roche Esquire, and the Answer of Edward Bullingbroke and Thomas Southwell Esquires, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the 29th of June 1761, complained of in the said Appeals, be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the Appellant James Ward (the Plaintiff in the Original Cause), as the First Protestant Discoverer, by virtue of the Poperty Acts in the Pleadings mentioned, is entitled to stand in the Place of John White and Celina his Wife, and the Representatives and Devisees of Celina, to recover, in their Right, what may appear to be due unto them upon the Accompt directed by the Decree of the 27th of January 1723: And it is further Ordered, That it be referred to a Master of the said Court of Chancery, to take an Accompt between the Parties in this Cause, pursuant to the Directions of the said Decree: And it is hereby Declared, That, by the Decree of the Trustees, the Sum of £.2,100. carries Interest at the Rate of Ten Pounds per Centum from the 3d Day of October 1700; and that, by the Decrees of the said Trustees, the Sum of £.369. 18s. 1d. and the Sum of £. 200. do not carry Interest: And it is further Ordered, That the Master be at Liberty to report any Matters specially to the Court; and that the Consideration of subsequent Costs, and all further Directions, be reserved till after the Master shall have made his Report; and that the said Court of Chancery do give all proper Directions for carrying this Judgement into Execution.

Cross Appeals, Orders concerning, referred to a Committee.

The House being moved, "That the Order of this House, of the 4th of March 1726, limiting a Time for exhibiting Cross Appeals, might be read:"

The same was read accordingly.

Ordered, That all the Lords who have been present this Session be appointed a Committee, to consider of the said Order; and to report to the House what they shall think proper thereupon.

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

Counts Leslies against Grant and Orme; & è contra:

The House being moved, "That the Hearing of the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Leslie Grant of Balquhain and David Orme his Curator in Litem are Respondents, & è contra, which stands appointed for Tomorrow, be put off till Thursday next; and that the Judges do then attend:"

Judges to attend.

It is Ordered, That the Hearing of the said Cause be put off till Thursday next; and that the Judges do then attend.

Aberbrothock, Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing an Act passed in the Eleventh Year of His late Majesty King George the Second, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, vended, tapped, or sold, within the Town of Aberbrothock, and Liberties thereof."

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

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

Adjourn.

Dominus Mansfield, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Counts Leslies against Grant and Orme.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Grant and David Orme his Tutor in Litem are Respondents; & è contra.

And the Counsel on both Sides were directed, in the First Place, to confine themselves, in their Arguments, to the Question, "Whether the Appellant Count Anthony Leslie be incapable, as an Alien, to inherit or take Land for his own Benefit? or, Whether he ought to be deemed a natural-born Subject, upon a Supposition that Ernest was a natural-born Subject, and that Charles Cajetan and Anthony were born out of the King's Liegeance, without Prejudice to the Question of Fact, as it shall appear upon the Proofs?"

And the Counsel for the Appellants in the Original Appeal, and the First Counsel for the Respondents to the Original Appeal and Appellants in the Cross Appeal, having been fully heard to that Point:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Cause which stands appointed for To-morrow be put off to Wednesday next; and that the other Causes on Causedays be removed in Course.

D. of Gordon against E. of Moray and E. of Fise.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Duke of Gordon is Appellant, and James Earl of Moray and William Earl of Fife 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.

Neal's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Nathaniel Neal Gentleman and Elizabeth his Wife; and for making the same more effectual, for the Benefit of the Children of that Marriage."

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. Browning and Mr. Graves:

To carry down the said Bill, and desire their Concurrence thereto.

Fyfield, &c. Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, of the Sixth and Twelfth Years of His late Majesty's Reign, for repairing the Road from Fyfield in the County of Berks, to Saint John's Bridge in the County of Gloucester; and from an Inn called The Hind's Head in the Parish of Kingston Bagpuze in the said County of Berks, to that Part of Newbridge which stands in the said County of Berks; and for rendering the said Acts more effectual."

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 the same Messengers:

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

McCulloch against Munro & al.;

Upon reading the Petition of Roderick M^cCulloch, Appellant in a Cause depending in this House, wherein Charles Munro and others are Respondents; praying, In regard the Matter in Dispute between the Parties in this Cause is amicably compromised, that he may have Leave to withdraw his Appeal; the Respondent's Agent having signed the said Petition, as consenting thereto:"

Appeal with drawn.

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

Chaillet & al. Leave for a Nat. Bill:

Upon reading the Petition of Rodolff Nicholas Chaillet and Abraham Du Bois; praying, "That Leave may be given 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 read.

Accordingly the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing Rodolff Nicholas Chaillet and Abraham Du Bois."

The said Bill was read the First Time.

Mackenzie & al. Magistrates of Dingwall, against Col. Scot & al.

The Answer of Colonel John Scott, Kenneth Bayne of Tulloch, Kenneth Mackenzie Provost, Andrew Robertson Treasurer and Town Clerk, of Dingwall, Colin Mackenzic late Baillie, and Thomas Mackenzie of Highfield Baillie, Alexander Mackenzie late Baillie, John Mackenzie late Baillie, John Robertson late Dean of Guild, Donald Morison late Treasurer, Mr. John Dingwall Writer in Edinburgh, Mr. William Mackenzie of Balmaduthie Advocate, William Mackenzie of Strathgarvie, Alexander Mackenzie of Muirhouse, and Murdoch Mackenzie in Dingwall, Counsellors, to the Appeal of John Mackenzie of Brae Baillie, and Donald Morison Treasurer, of the Borough of Dingwall, for the Year immediately preceding Michaelmas 1758, was this Day brought in:

As was also, the Answer of the same Respondents to an Appeal of the said John Mackenzie of Brae, Donald Morison, and His Majesty's Advocate for Scotland.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Counts Leslies against Grant and Orme.

Counsel (according to Order) were called in, to be further heard in the Cause wherein Charles Cajetan Count Leslie and others are Appellants, and Peter Grant and David Orme his Tutor in Litem are Respondents; & è contra.

And the Second Counsel for the Respondents to the Original Appeal was heard, to the Point,

"Whether the Appellant Count Anthony be incapable, as an Alien, to inherit or take Land for his own Benefit? or, Whether he ought to be deemed a natural-born Subject?"

And One Counsel for the Appellants in the Original Appeal having been heard, in Reply:

The Counsel were directed to withdraw.

Proposed, "That the Judges present be directed to deliver their Opinions to the House, upon the following supposed Case and Question; (videlicet,)

"Ernest, a natural-born Subject of England, had Issue Charles Cajetan, now alive, born, before the 7th Year of the Reign of Queen Anne, out of the Liegeance of the King; who has Issue Anthony, born out of the Liegeance of the King:

"Question, Whether Anthony is capable to inherit or take Land for his own Benefit; or ought to be deemed an Alien?"

And the same was agreed to.

Whereupon, the Judges desiring that some Time may be allowed them for that Purpose:

Ordered, That the further Hearing of this Cause be adjourned till Tuesday next; and that the Judges do then attend, to deliver their Opinions upon the said supposed Case and Question.

L. Ch. Spencer & al. against D. of Marlborough & al.

Ordered, That the Cause wherein the Lord Charles Spencer and others are Appellants, and George Duke of Marlborough and others are Respondents, which stands appointed for Tuesday next, be put off to the Thursday following; and that the Judges do then attend.

Causes removed.

Ordered, That the Cause wherein Richard Cheslyn and Edward Cheslyn are Appellants, and Henry Cresswell and others are Respondents, which stands appointed for Wednesday next, be put off till Friday next; and that the other Causes be removed in Course.

Sutton in Holderness Enclosure, Bill.

The Earl of Winchilsea (pursuant to Leave given) presented to the House a Bill, intituled, "An Act for enclosing and dividing several Lands and Grounds in the Parish of Sutton in Holderness, in the County of York."

The said Bill was read the First Time.

Dagge to enter into a Recognizance for Elphinston & al.

The House being moved, "That John Dagge of Bloomsbury Gentleman may be permitted to enter into a Recognizance for Charles Elphinston Esquire and John Gray, on account of their Appeal depending in this House; they living in Scotland:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church, Westminster, 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 Martis, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.