Pages 41-56
Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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In this section
February 1761, 1-10
DIE Lunæ, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Thanks to the Bp. of Bangor for his Sermon.
Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bangor, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.
Rasch and Siebel's Nat. Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Frederick Rasch and John Roger Siebel," 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."
Turner and Pieschel's Nat. Bill.
The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Jan Turner and August Gottlieb Pieschel," 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."
Ordered, That the said Bill be engrossed.
Barratty's Nat. Bill.
The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Simon Baratty," 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."
Ordered, That the said Bill be engrossed.
Pool Common Montgomeryshire, Bill.
The Lord Sandys (pursuant to Order) presented to the House a Bill, intituled, "An Act for dividing, enclosing, and allotting, the Moors, Commons, and Waste Grounds, called Pool Common, in the Manors of Lanverchidol and Stret Marcel, otherwise Stret Marshall, in the Parishes of Pool and Guilsfield, in the County of Montgomery."
The said Bill was read the First Time.
Rearsby Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the dividing and enclosing the Open Arable Lands, and the Open Meadow, Pasture, and Waste Grounds, in the Parish of Rearsby, in the County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Maisonneuve's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Benjamin Maisonneuve."
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 the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Spicer and Mr. Davall:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Holburne & al. Magistrates of Inverkeithing against Haldane & al.
Upon reading the Petition and Appeal of Francis Holburne Vice Admiral of His Majesty's Navy present Provost, Mr. John Cunningham of Balbougie Eldest Baillie, Adam Turnbull Youngest Baillie, James Young Dean of Guild, and George Syme Treasurer, of the Borough of Inverkeithing for the current Year, Mr. John Cunningham Younger of Balbougie, James Gibson, William Thomson, John Anderson, Robert Steedman, Mr. John Cant of Grange, Charles Hodge, Robert Brown, Colin Sharpe, Robert Brown Shipmaster, Charles Greig, James Miller, and William Walker, all Counsellors of the said Borough, Andrew Deal Deacon of the Incorporation of Baxters, George Elder Deacon of the Weavers, and Alexander Elder Deacon of the Taylors, of the said Borough; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th and 29th Days of January last; and praying, "That the same may be reversed, varied, or altered; or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that Robert Haldane Esquire, David Rankine, Andrew Turnbull, William Currie, John Kelloch, Hugh Grindiston, John Thomson, Andrew Roxburgh, Thomas Chapman, Robert Wilson, Sebastian Swinton, John Kirkaldy, and Thomas Miller, all pretending to be Magistrates and Counsellors of the said Borough of Inverkeithing, Robert Murray, Andrew Tulloch, Andrew Small, and George Dundas, pretending to be elected Deacons of certain Incorporations in the said Borough, may be required to put in their Answer to the said Appeal:"
It is Ordered, That the said Robert Haldane and the 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 Second Day of March next; and Service of this Order upon their Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.
Liskeard and other Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the East End of West Taphouse Lane to the Borough of Liskeard, and from thence to Coomb Row House, and also the Road from the said Borough of Liskeard to Crafthole, and from thence to Crimble Passage and Tar Point, and from Crafthole aforesaid to Saint German's Beacon, in the Counties of Cornwall and Devon."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bertie & al. to sell Morse's Estate, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting and settling the Real and Personal Estate of John Morse, late Citizen and Goldsmith of London, deceased, for the Benefit of the several Persons entitled under his Will; and for the better answering and effecting the Intents and Purposes of the same Will."
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 Tuesday the 17th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.
Farrell against Tomlison.
The House being moved, "That Monday the 16th Day of this Instant February may be appointed, for hearing the Cause wherein Edward Farrell Esquire is Appellant, and Samuel Tomlison Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 16th Day of this Instant February, as desired.
Farrell against Crosbie et Ux.
After hearing Counsel upon the Petition and Appeal of Edward Farrell Esquire; complaining of Part of an Order of the Court of Chancery in Ireland, of the 24th Day of October 1759; and of an Order of the said Court, of the 14th of November 1759; and likewise of a Judgement of the said Court, of the 5th Day of March 1760; and praying, "That the same might be set aside or reversed; or such Order made for the Appellant's Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Edward Crosbie and Frances his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement affirmed, with Costs.
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 Orders and Proceedings therein complained of be, and the same are hereby, affirmed: And it is hereby further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds of lawful Money of Great Britain, for their Costs by reason of the said Appeal.
Irish Tallow Act, to extend, Bill.
A Message was brought from the House of Commons, by Mr. Kynaston and others:
With a Bill, intituled, "An Act for extending an Act, intituled, An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland, to Hogs Lard and Grease;" to which they desire the Concurrence of this House.
Somerton and other Roads, Bill.
A Message was brought from the House of Commons, by Mr. Prowse and others:
With a Bill, intituled, "An Act for repairing and widening the Roads from Dyed Way to Somerton, and from Gawbridge to Tintinhull Fords, and from a Stream of Water called Ford to Cartgate in Martock, in the County of Somerset;" to which they desire the Concurrence of this House.
Tudway's Exchange of Lands, Bill.
A Message was brought from the House of Commons, by Mr. Prowse and others:
With a Bill, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made, between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset;" to which they desire the Concurrence of this House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 3o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Holburne & al. Magistrates of Inverkeithing, against Haldane & al.
The Answer of Robert Haldane Esquire and others, styling themselves Magistrates of the Borough of Inverkeithing, to the Appeal of Admiral Francis Holburne and others, pretended Magistrates of the said Borough:
Sir T. Maxwell against Maxwell.
And also the Answer of Robert Maxwell to the Appeal of Sir Thomas Maxwell Baronet;
Were brought in.
E. of Moray takes the Oaths.
James Earl of Moray took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Bath Roads, former Act to amend, Bill.
A Message was brought from the House of Commons, by Sir Charles Kemys Tynte and others:
With a Bill, intituled, "An Act to explain and amend so much of an Act, passed in the Thirty-second Year of the Reign of His late Majesty, intituled, "An Act to explain, amend, and render more effectual, the Powers granted by several Acts of Parliament, for repairing several Roads leading to the City of Bath, and for amending several other Roads near the said City," as directs the laying-out a new Road from the Bridge at Bath to Rush Hill;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Doghouse Bar Road, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for making, widening, and repairing, a Road from the North East Side of the Goswell Street Road, next Islington, in the County of Middlesex, and near to the Road called The New Road, over the Fields and Grounds, to Old Street Road, opposite to The Doghouse Bar, and at and from The Doghouse Bar to the End of Chiswell-Street, by The Artillery Ground," 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."
Hinton Walrish Enclosure, Bill.
The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common or Waste Ground, and other Commonable Places, in the Parish of Hinton, otherwise Hinton Walrish, in the County of Berks," 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."
Irish Tallow Act to extend, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for extending an Act, intituled, An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland, to Hogs Lard and Grease."
Rasch and Siebel's Nat. Bill:
Hodie 3 a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Rasch and John Roger Siebel."
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. Harris and Mr. Bonner:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Turner and Pieschel's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Jan Turner and August Gottlieb Pieschel."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Barratty's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Simon Baratty."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by the same Messengers:
To carry down the said Bills, and desire their Concurrence thereto.
Tudway's Exchange of Lands, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset."
Ordered, That the Consideration of the said Bill be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Párties concerned therein; and, after hearing them, and perusing a Copy of the Bill attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Somerton and other Roads, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Dyed Way to Somerton, and from Gawbridge to Tintinbull Fords, and from a Stream of Water called Ford to Cartgate in Martock, in the County of Somerset."
Pool Common Montgomeryshire, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and allotting, the Moors, Commons, and Waste Grounds, called Pool Common, in the Manors of Lanverchidol and Stret Marcel, otherwise Stret Marshall, in the Parishes of Pool and Guilsfield, in the County of Montgomery."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Gloucester Roads, Bill.
A Message was brought from the House of Commons, by Mr. Berkeley and others:
With a Bill, intituled, "An Act for continuing and amending an Act, made in the Sixteenth Year of His late Majesty's Reign, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, and from the Foot of the said Hill to the Top of Crickley Hill;" to which they desire the Concurrence of this House.
Snowshill Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Berkeley and others:
With a Bill, intituled, "An Act for dividing and enclosing certain Common Fields, and Common Meadows, and a Common Hill called Snowshill Hill, within the Manor of Snowshill, in the County of Gloucester;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Villion takes the Oaths, for his Nat.
Anthony Villion took the Oaths appointed, in order to his Naturalization.
Holburne & al. Magistrates of Inverkeithing against Haldane & al.
The House being moved, "That Wednesday the 11th Day of this Instant February may be appointed, for hearing the Cause wherein Francis Holburne Esquire and others are Appellants, and Robert Haldane Esquire and others Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 11th Instant, as desired.
Sir T. Maxwell against Maxwell.
The House being moved, "That Monday the 16th Day of March next may be appointed, for hearing the Cause wherein Sir Thomas Maxwell Baronet is Appellant, and Robert Maxwell Esquire Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 16th Day of March next, as desired.
Villion's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Villion."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Asaburton and other Roads, Bill:
A Message was brought from the House of Commons, by Lieutenant General Conway and others:
With a Bill, intituled, "An Act for repairing and widening the Road from Traveller's Rest, in the Parish of Ashburton, to Newton Bushel, and from thence to Forches, otherwise Forger's Cross, in the Parish of Highweek, in the County of Devon;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, qumtum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 5o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Count Leslie against Grant and Orme.
The Answer of Peter Grant and David Orme, to the Appeal of Charles Cajetan Count Leslie and Anthony Leslie of Balquhain, was brought in.
Liskeard and other Roads, Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from the East End of West Taphouse Lane to the Borough of Liskeard, and from thence to Coomb Row House, and also the Road from the said Borough of Liskeard to Crafthole, and from thence to Crimble Passage and Tar Point, and from Crasthole aforesaid to Saint German's Beacon, in the Counties of Cornwall and Devon," 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."
Irish Tallow Act, to extend, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for extending an Act, intituled, An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland, to Hogs Lard and Grease."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.
Doghouse Bar, Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making, widening, and repairing, a Road from the North East Side of Goswell Street Road next Islington, in the County of Middlesex, and near to the Road called The New Road, over the Fields and Grounds to Old Street Road, opposite to The Doghouse Bar, and at and from The Doghouse Bar, to the End of Chiswell Street, by The Artillery Ground."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Hinton Walrish Common, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common or Waste Ground, and other Commonable Places, in the Parish of Hinton, otherwise Hinton Walrish, in the County of Berks."
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 the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Edwards and Mr. Montague:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Snowshill Common, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields and Common Meadows, and a Common Hill, called Snowshill Hill, lying within the Manor of Snowshill, in the County of Gloucester."
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.
Somerton, &c. Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Dyed Way to Somerton, and from Gawbridge to Tintinhull Fords, and from a Stream of Water called Ford to Cartgate in Martock, in the County of Somerset."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Message from H. C. to return Hanbury's Bill.
A Message was brought from the House of Commons, by Mr. Jarrit Smith and others:
To return the Bill, intituled, "An Act to enable Capel Hanbury Esquire and George Hanbury Esquire, for themselves and their respective Issue Male, to make an Exchange of their settled Estates in the County of Monmouth; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Gloucester Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and amending an Act made in the Sixteenth Year of His late Majesty's Reign, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, and from the Foot of the said Hill to the Top of Grickley Hill."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Further Time for qualifying for Offices, Bill.
A Message was brought from the House of Commons, by Sir John Phillips and others:
With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, and others, who have omitted to register or to deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Pattrington Road and Haven Bill.
A Message was brought from the House of Commons, by Sir Robert Hilyard and others:
With a Bill, intituled, "An Act for amending the Road from Sacred Gate in the Parish of Thorngumbald, to Pattrington Creek or Haven, and from the Guide Post in Winestead to Frodingham Gate, in or near Widow Branton's Farm, in the County of York; and for scouring and cleansing the said Creek or Haven;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Tracy Leave for a Bill to sell Dodwell's Estate:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Tracy Esquire and Mary his Wife; praying Leave to bring in a Private Bill:
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 selling divers Lands and Hereditaments in the City of London, and in the Counties of Middlesex, Kent, Buckingham, and Somerset, devised by the Will of Sir William Dodwell Knight, deceased, and purchased in Pursuance thereof, respectively; and for laying out the Money arising by such Sale in purchasing other Lands and Hereditaments, in or near the County of Gloucester, to be settled, in Lieu thereof, to the Uses of the said Will."
Dutchy of Cornwall, Leases, Bill.
A Message was brought from the House of Commons, by Mr. Bayntun and others:
With a Bill, intituled, "An Act to enable His Majesty to make Leases, and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Bill for Edwyn & al. to sell Sherrard's Estates;
A Message was brought from the House of Commons, by Sir Thomas Palmer and others:
To return the Bill, intituled, "An Act for rendering effectual an Agreement, for making a Partition of several Lands, Tenements, and Hereditaments, in the County of Leicester, late the Estates of James Sherard Doctor of Physick, and Robert Freeman Gentleman, deceased; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Thornton's Bill;
A Message was brought from the House of Commons, by Sir George Savile and others:
To return the Bill, intituled, "An Act for vesting Part of the settled Estate of William Thornton Esquire, in the County of York, in him in Fee Simple, discharged of the Uses of his Marriage Settlement; and for settling other Lands, of greater Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Mrs. Hampden's Nat. Bill;
A Message was brought from the House of Commons, by Mr. John Pitt and others:
To return the Bill, intituled, "An Act for naturalizing Constantia Hampden, Wife of Robert Hampden Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Theaud's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Buller and others:
To return the Bill, intituled, An Act for naturalizing "Nicholas Theaud;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Address for State of National Debt.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 11th of January 1760, and the 11th of January 1761; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund hath been applied."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Morgan & al. against E. of Winchilsea & al.
A Petition of Thomas Morgan Esquire and others, Appellants in a Cause depending in this House, wherein the Earl of Winchilsea and others are Respondents, which stands for hearing To-morrow, was presented, and read; setting forth, "That the Petitioners and the Respondents have begun a Treaty, in order to a Compromise of the Matters in Question in this Cause between them, which is still subsisting;" and therefore praying, "That their Lordships would be pleased to put off the Hearing thereof till Monday the 16th Instant."
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 till Wednesday the 18th Day of this Instant February; and that the Judges do then attend.
Bath Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act passed in the Thirty-second Year of the Reign of His late Majesty, intituled, "An Act to explain, amend, and render more effectual, the Powers granted by several Acts of Parliament, for repairing several Roads leading to the City of Bath, and for amending several other Roads near the said City," as directs the laying out a new Road from the Bridge at Bath to Rush Hill."
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 This Day Sevennight, at the usual Time and Place; and to adjourn as they please.
Exeter Streets, Bill.
A Message was brought from the House of Commons, by Mr. Walter and others:
With a Bill, intituled, "An Act for enlightening the Streets within the City of Exeter, and Suburbs thereof;" to which they desire the Concurrence of this House.
The said Bill was read the First Time:
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 6o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Stanhope takes the Oaths, &c.
Philip Earl Stanhope took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Pailton Common, Bill.
A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:
With a Bill, intituled, "An Act for the dividing and enclosing the Open and Common Fields in the Hamlet of Pailton, in the Parish of Monks Kirby, in the County of Warwick;" to which they desire the Concurrence of this House.
Leeds to Sheffield, Road Bill.
A Message was brought from the House of Commons, by Sir Lionel Pilkington and others:
With a Bill, intituled, "An Act to amend and render more effectual an Act passed in the Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Road from Leeds to Sheffield, in the County of York;" to which they desire the Concurrence of this House.
Asfordby Common, Bill.
A Message was brought from the House of Commons, by Mr. Charlton and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Asfordby, in the County of Leicester;" to which they desire the Concurrence of this House.
Fisherton Bridge and other Roads, Bill.
A Message was brought from the House of Commons, by Mr. Calthorpe and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury, and also the Road from the Turnpike Road at the Top of Red Hone Hill in the Parish of Urshfont to the Mile Stone at the Western End of Fisherton Street, in the County of Wilts;" to which they desire the Concurrence of this House.
Langton Herring Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Bayntun and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, lying in the Parish, and within the Precincts of the Manor of Langton Herring, in the County of Dorset;" to which they desire the Concurrence of this House.
The said Five Bills, were severally read the First Time.
E. of Abingdon takes his Seat.
This Day Willoughby Earl of Abingdon sat first in Parliament, after the Death of his Father Willoughby Earl of Abingdon; 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.
Liskeard and other Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from the East End of West Taphouse Lane to the Borough of Liskeard, and from thence to Coomb Row House, and also the Road from the said Borough of Liskeard to Crafthole, and from thence to Crimble Passage and Tar Point, and from Crafthole aforesaid to Saint German's Beacon, in the Counties of Cornwall and Devon."
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. Holford and Mr. Harris:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Pattrington Road and Haven, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending the Road from Sacred Gate in the Parish of Thorngumbald, to Pattrington Creek or Haven, and from the Guide Post in Winestead to Frodingham Gate, in or near Widow Branton's Farm, in the County of York; and for scouring and cleansing the said Creek or Haven."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
The King's Answer to the Address for Stave of the National Debt.
The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, for a State of the National Debt; and that His Majesty was pleased to say, He would give Directions, that the same be laid before the House accordingly."
Exeter Streets, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlightening the Streets within the City of Exeter and Suburbs thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to adjourn as they please.
Dutchy of Cornwall Leases, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.
Further Time for qualifying for Offices, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, and others, who have omitted to register or to deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.
Morton Pinkney Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Cartwright and others:
With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties, of Moreton Pinkney, in the County of Northampton;" to which they desire the Concurrence of this House.
Eydon Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Cartwright and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Grange Lands, and Waste Grounds, of and in the Manor and Parish of Eydon, in the County of Northampton;" to which they desire the Concurrence of this House.
Sugar Colonies Act, to continue, Bill.
A Message was brought from the House of Commons, by Mr. Rose Fuller and others:
With a Bill, intituled, "An Act to continue an Act made in the Sixth Year of the Reign of His late Majesty King George the Second, intituled, An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.
The said Three Bills were severally read the First Time.
Account of Ships employed in the Whale Fishery in Scotland, delivered.
The House being informed, "That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended."
He was called in; and delivered at the Bar, pursuant to the Directions of an Act of Parliament,
"An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and The Greenland Seas, with their respective Names and Burthens; from whence they were fitted out, and at what Port they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, from the 10th October 1759."
And then he was directed to withdraw.
And the Title thereof being read by the Clerk:
Ordered, That the said Account do lie on the Table.
Tracey to sell Dodwell's Estate, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for selling divers Lands and Hereditaments, in the City of London, and in the Counties of Middlesex, Kent, Buckingham, and Somerset, devised by the Will of Sir William Dodwell Knight, deceased, and purchased in Pursuance thereof, respectively; and for laying out the Money arising by such Sale in purchasing other Lands and Hereditaments, in or near the County of Gloucester, to be settled, in Lieu thereof, to the Uses of the said Will."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Monday the 23d Day of this Instant February, at the usual Time and Place; and to adjourn as they please.
Willis, Leave for a Bill:
After reading and considering the Report of the Judges to whom was referred the Petition of Frances Willis Widow; praying Leave to bring in a Private Bill:
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 selling a Messuage and Lands in Whaddon, in the County of Bucks, settled by the late Brown Willis Esquire, on the Marriage of his Son; and for purchasing another Estate, in Lieu thereof, to be settled to the same Uses."
Justices of Peace, Qualification Act to amend, Bill.
A Message was brought from the House of Commons, by Mr. Alderman Dickinson and others:
With a Bill, intituled, "An Act to amend an Act passed in the Eighteenth Year of the Reign of King George the Second, concerning the Qualification of Justices of the Peace; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Wilson to enter into Recognizance on the Appeal of Holburn & al.
The House being moved, "That Mr. John Wilson of The Middle Temple may be permitted to enter into a Recognizance for Francis Holburne Esquire and others, on account of their Appeal depending in this House; the said Francis Holburne being in the Country, and the other Appellants residing in Scotland:"
It is Ordered, That the said John Wilson may enter into a Recognizance for the said Appellants, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. of Dartmouth's Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estates of the Right Honourable William Earl of Dartmouth and Frances Katherine Countess of Dartmouth His Wife, in the City of London and County of Middlesex, in Trustees, to be sold; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as the said settled Estates now stand limited," 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.
Pool Common, Montgomeryshire, Bill.
The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing, enclosing, and allotting, the Moors, Commons, and Waste Grounds, called Pool Common, in the Manors of Lanverchidol and Stret Marcel, otherwise Stret Marshall, in the Parishes of Pool and Guilsfield, in the County of Montgomery," 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.
Exeter Streets, Bill.
The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for enlightening the Streets within the City of Exeter, and Suburbs thereof," 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."
Somerton Road, Bill.
The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from Dyed Way to Somerton, and from Gawbridge to Tintinhull Fords, and from a Stream of Water called Ford to Cartgate in Martock, in the County of Somerset," 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."
Lemon's Executors, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling the acting Trustees and Executors of William Lemon Esquire, deceased, to make Leases for Lives, or Years determinable on Deaths, of the Estates in the County of Cornwall, devised by his Will, or purchased in Pursuance thereof, respectively, during the Minority of his Grandsons and Nephews entitled to the same for the Time being; and for enabling the said Grandsons and Nephews when of Age, and the said Trustees during their In fancy, respectively, to make and grant Setts and Leases of Mines, according to the Custom of the Country," 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.
Gloucester Roads, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing and amending an Act made in the Sixteenth Year of His late Majesty's Reign, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, and from the Foot of the said Hill to the Top of Crickley Hill," 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."
Villion's Nat. Bill.
The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anthony Villion," 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."
Ordered, That the said Bill be engrossed.
Asfordby Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Asfordby, in the County of Leicester."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Fisherton Bridge and other Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury, and also the Road from the Turnpike Road at the Top of Red Hone Hill in the Parish of Urshfont, to the Mile Stone at the Western End of Fisherton Street, in the County of Wilts."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Ashburton Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Traveller's Rest in the Parish of Ashburton to Newton Bushel, and from thence to Forches otherwise Forger's Cross, in the Parish of Highweek, in the County of Devon."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Tudway, Exchange of Lands, Bill.
After reading, and considering, the Report of the Judges to whom was referred the Consideration of the Bill, intituled, "An Act for confirming and establishing an Exchange of Lands, agreed to be made, between Charles Tudway Esquire and the Archdeacon of Wells, in the County of Somerset:"
It is Ordered, That the said Bill be read a Second Time.
And the same being read a 2d Time accordingly:
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 Tuesday the 24th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.
Holburn et al. Magistrates of Inverkeithing against Haldane & al.
A Petition of Francis Holburne Esquire and others, Appellants in a Cause depending in this House, wherein Robert Haldane Esquire and others are Respondents, was presented, and read; setting forth, "That the Petitioners exhibited their Appeal to this House, on Monday the 2d Day of this Instant February, from Two Interlocutors of the Lords of Session in Scotland, of the 13th and 29th of January last; and that, within Twenty-four Hours after lodging their said Appeal, the Respondents put in their Answer, and applied to have the Cause set down to be heard on Wednesday the 11th Instant;" and alleging, "That the Proceedings in this Cause before the Court of Session are very long, and cannot for some Time be extracted and transmitted along with the necessary Exhibits from Scotland;" and praying, "That, under these Circumstances, the said Hearing may be put off till Monday the 2d Day of March next, or to such other Day as their Lordships shall please to appoint."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the said Petition be rejected.
Late E. Marischal's Bill.
A Message was brought from the House of Commons, by Mr. Forrester and others:
With a Bill, intituled, "An Act to enable His Majesty to grant unto George Keith, late Earl Marischall, a Sum therein limited, out of the Principal Money and Interest now remaining due to the Publick, on account of the Purchase-money of certain Parts of the forfeited Estates of the said late Earl;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Moreton Pinkney Enolosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties, of Moreton Pinkney, in the County of Northampton."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow Sevennight, at the usual Time and Place; and to adjourn as they please.
Sugar Colonies, Act to continue, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to continue an Act made in the Sixth Year of the Reign of His late Majesty King George the Second, intituled, An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Leeds to Sheffield, Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in Thirty-first Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Road from Leeds to Sheffield, in the County of York."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Clarke and Bouverie, Leave for a Bill.
After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Clarke Widow, and the Honourable William Bouverie and Edward Bouverie Esquires; praying Leave to bring in a Private Bill:
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 selling divers Lands and Hereditaments, in London, Middlesex, Surry, Berkshire, and Northamptonshire, devised by the Wills of Bartholomew Clarke and Hitch Young Esquires; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled, in Lieu thereof, to the Uses of the said Wills respectively."
Count Leslie et al. against Grant and Orme.
The House being moved, "That Monday the 23d Day of this Instant February, may be appointed for hearing the Cause wherein Charles Cajetan Count Leslie and Anthony Leslie of Balquain are Appellants, and Peter Grant and David Orme are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 23d Instant, as desired.
Packington Road to discontinue, Bill.
A Message was brought from the House of Commons, by Mr. Prowse and others:
With a Bill, intituled, "An Act for discontinuing the Use of a Road in the Parish of Great Packington, in the County of Warwick; and for preventing the Trustees appointed to put in Execution an Act passed in the Thirty-third Year of His late Majesty's Reign, for repairing the Road from Stone Bridge to Castle Bromwich, from erecting a Gate or Turnpike between Stone Bridge and the Place where the Road turns off to Coleshill, in the County of Warwick;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 10o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Walter's Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Plantation and Estate of John Walter Esquire and Newton his Wife (late Newton Walker Spinster) in the Island of Barbadoes, in Trustees, for raising Money, to be applied in purchasing of Stock, and for other Purposes for the Improvement of the same Plantation and Estate," 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.
Pattrington Road and Haven, Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending the Road from Sacred Gate in the Parish of Thorngumbald to Pattrington Creek or Haven, and from the Guide Post in Winestead, to Frodingham Gate in or near Widow Branton's Farm in the County of York, and for scouring and cleansing the said Creek or Haven," 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."
Fisherton Bridge and other Roads, Bill.
The Lord Viscount Weymouth reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from Fisherton Bridge to the Turnpike Road at Willoughby Hedge in West Knoyle, and from Wilton Bridge to the Turnpike Road at the West End of Heytesbury, and also the Road from the Turnpike Road at the Top of Red Hone Hill in the Parish of Urshfont to the Mile Stone at the Western End of Fisherton Street in the County of Wilts," 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."
Villion's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Villion."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
E. of Dartmouth's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of the Right Honourable William Earl of Dartmouth and Frances Katherine Countess of Dartmouth his Wife, in the City of London and County of Middlesex, in Trustees, to be sold; and for laying out the Money to arise thereby in the Purchase of other Lands and Hereditaments, to be settled to the same Uses as the said settled Estates now stand limited."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Pool Common, Montgomeryshire, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing, enclosing, and allotting, the Moors, Commons, and Waste Grounds, called Pool Common, in the Manors of Lanverchidol and Stret Marcel, otherwise Stret Marshall, in the Parishes of Pool and Guilsfield, in the County of Montgomery."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Lemon's Executors, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling the acting Trustees and Executors of William Lemon Esquire, deceased, to make Leases for Lives, or Years determinable on Deaths, of the Estates in the County of Cornwall, devised by his Will, or purchased in Pursuance thereof, respectively, during the Minority of his Grandsons and Nephews entitled to the same, for the Time being; and for enabling the said Grandsons and Nephews, when of Age, and the said Trustees during their Infancy, respectively, to make and grant Setts and Leases of Mines, according to the Custom of the Country."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C with the Four preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Lane and Mr. Holford:
To carry down the said Bills, and desire their Concurrence thereto.
Sandes & Ux. Leave to Appeal.
A Petition of Lancelot Sandes Esquire and Mary Dorothea his Wife, was presented, and read; setting forth, "That the Petitioners have prepared an Appeal to this House, from a Decretal Order of the Court of Chancery in Ireland, pronounced on the 8th of December last, but not signed or passed by the Register of the said Court till the 24th of the same Month, nor entered till afterwards;" and alleging, "That the Petitioners, being unapprized of their Lordships Order limiting the Time for receiving Appeals from Decrees made whilst the Parliament is sitting to Forty Days after such Decree is made and entered in any of the Courts of Equity in Ireland, have not instructed their Agent as to the precise Time when the said Decretal Order was entered; but, the same not having been signed or passed by the Register till the 24th of December last, the Forty Days Period to be computed even from that Time was not completed till within these few Days, and the entering from the Time of signing or passing by the Register, which was on Christmas-Eve, must necessarily have taken up some Time;" and therefore praying, "In regard it is uncertain whether the Petitioners have lapsed their Time, according to the strict Letter of their Lordships said Order, that they may be admitted to exhibit their said Appeal against the said Decretal Order of the said Court of Chancery."
And thereupon the Petitioners Agent was called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Petitioners be at Liberty to exhibit their said Petition of Appeal, as desired.
Sandes & Ux. against Turner & al.
Upon reading the Petition and Appeal of Lancelot Sandes Esquire and Mary Dorothea his Wife, and George Rose Esquire and Catherine his Wife; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 8th Day of December 1760; and praying, "That the same may be reversed, varied, or amended; or that this House will be pleased to make such further or other Order in the Premises as the Nature and Circumstances of the Case may require; and the Dorothea Tucker Widow, Pierce Crosbie, Sir Maurice Crosbie, George Green, and Margaret his Wife, late Sandes, Andrew Shepheard, and the Executors of Henry Rose, may be required to answer the said Appeal:"
It is Ordered, That the said Dorothea Tucker, Pierce Crosbie, Sir Maurice Crosbie, George Green and Margaret his Wife, Andrew Shepheard, and the Executors of Henry Rose, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 17th Day of March next; and Service of this Order upon their Clerks in Court or Agents in Ireland shall be deemed good Service.
Report of Commissioners of Greenwich Hospital.
The House being informed, "That Mr. Horne, from the Commissioners of Greenwich Hospital, attended."
He was called in; and delivered, at the Bar, pursuant to the Direction of an Act of Parliament;
"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1759 and 30th November 1760; and of their Proceedings in the Building."
And then he was directed to withdraw.
And the Title thereof being read by the Clerk:
Ordered, That the said Report do lie on the Table.
Exeter Streets, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlightening the Streets within the City of Exeter and Suburbs thereof."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Somerton Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Dyed Way to Somerton, and from Gawbridge to Tintinbull Fords, and from a Stream of Water called Ford to Cartgate in Martock in the County of Somerset."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Gloucester Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and amending an Act made in the Sixteenth Year of His late Majesty's Reign, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, and from the Foot of the said Hill to the Top of Crickley Hill."
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 the Three preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Willis's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for selling a Messuage and Lands in Whaddon, in the County of Bucks, settled by the late Brown Willis Esquire on the Marriage of his Son; and for purchasing another Estate, in Lieu thereof, to be settled to the same Uses."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Wednesday the 25th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Clarke's and Bouverie's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for selling divers Lands and Hereditaments, in London, Middlesex, Surry, Berkshire, and Northamptonshire, devised by the Wills of Bartholomew Clarke and Hitch Young Esquires; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled, in Lieu thereof, to the Uses of the said Wills respectively."
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.
Williams, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of John Williams Esquire and Charlotte Maria his Wife; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of John Williams Esquire in the County of Sussex, in Trustees, to be sold, for raising Money, to discharge Encumbrances; and for laying out the Surplus in the Purchase of Lands and Hereditaments, to be settled to the Uses limited of the said settled Estate."
Packington Road to discontinue, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for discontinuing the Use of a Road in the Parish of Great Packington, in the County of Warwick; and for preventing the Trustees appointed to put in Execution an Act passed in the Thirty-third Year of His late Majesty's Reign, for repairing the Road from Stone Bridge to Castle Bromwich, from erecting a Gate or Turnpike between Stone Bridge and the Place where the Road turns off to Coleshill in the County of Warwick."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Late Earl Marischall's Bill: King's Consent signified;
The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act to enable His Majesty to grant unto George Keith, late Earl Marischall, a Sum therein limited, out of the Principal Money and Interest now remaining due to the Publick, on account of the Purchase-money of certain Parts of the Forfeited Estates of the said late Earl," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."
and to Eydon Enclosure, Bill;
The Earl of Holdernesse also acquainted the House, That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Grange Lands, and Wasle Grounds, of and in the Manor and Parish of Eydon, in the County of Northampton," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."
and to Langton Herring Enclosure, Bill:
The Earl of Holdernesse likewise acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common and Waste Grounds, lying in the Parish and within the Precincts of the Manor of Langton Herring, in the County of Dorset," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."
E. of March and Ruglen's Pet. claiming the Title of E. of Cassillis:
The Earl of Holdernesse (by His Majesty's Command) presented to the House a Petition of William Earl of March and Ruglen, relating to the Titles and Honours claimed by the Petitioner; with His Majesty's Reference thereof to this House.
And the same were read by the Clerk, and are as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of William Earl of March and Ruglen;
"Sheweth,
"That, from the Records of the Parliament of Scotland, and other authentick Documents, it appears, that Gilbert Kennedy of Donure was, by King James the Second of Scotland, about Three Hundred Years ago, created Lord Kennedy; and that, in the Year 1509, David Lord Kennedy his Descendant was created Earl of Cassillis; but of those Creations there is no Patent now extant, or upon Record.
"That David the First Earl was succeeded by his Son Gilbert; he by his Son, likewise Gilbert; the Second Gilbert by his Son, also Gilbert; who was succeeded by his Son John; and he by his Nephew John the Sixth Earl of Cassillis.
"That, the last-mentioned John Earl of Cassillis having resigned his Earldom and Estate into the Hands of the Crown, King Charles the First, by Charter under the Great Seal, dated 29th September 1642, re-granted the same unto the said Earl for Life, and to John Lord Kennedy his Eldest Son, and the Heirs Male and Female of their Bodies respectively, as mentioned in the Charter; whom failing, to the Earl's Heirs Male whatsoever.
"That the said John Lord Kennedy, become Earl of Cassillis by his Father's Death, likewise resigned the Honours and Estate of Cassillis into the Hands of the Crown; and King Charles the Second, by Charter under the Great Seal, dated 24th April 1671, re-granted the same to the said John the Seventh Earl of Cassillis, and the Heirs Male and Female of his own and his Father John the Sixth Earl's Bodies, in Manner therein mentioned; whom all failing, to the said John the Seventh Earl's nearest Heirs Male.
"That the said John the Seventh Earl of Cassillis had a Son, John Lord Kennedy, who died in his Father's Life time, leaving Issue only One Son, John, who was the Eighth and last Earl of Cassillis.
"That, by the Death of the said John last Earl of Cassillis without Issue, the Titles and Honours of Earl of Cassillis and Lord Kennedy are descended to your Petitioner, the Great Grandson of John the Seventh Earl of Cassillis, Grantee of the Charters 1642 and 1671, by his Eldest Daughter Anne Countess of Ruglen, all the Male Issue of his Body being extinct.
"That, nevertheless, Sir Thomas Kennedy of Colzean Baronet has assumed the said Titles and Honours of Earl of Cassillis and Lord Kennedy, under Pretence of being the Heir Male of the Family.
"The Petitioner therefore most humbly prays Your Majesty, that You will be graciously pleased to declare and allow his Right to the said Titles and Honours of Earl of Cassillis and Lord Kennedy, or give such Direction therein as Your Majesty in Your great Wisdom shall think proper.
"March & Ruglen."
"Whitehall, February 2d, 1761.
"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.
"Holdernesse."
Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges; to con sider thereof, and report their Opinion thereupon to the House.
Sir T. Kennedy's Pet. claiming the same Peerage.
Then the Earl of Holdernesse (by His Majesty's Command) presented to the House a Petition of Sir Thomas Kennedy, relating to the same Titles and Honours; with His Majesty's Reference thereof to this House.
And the same were read by the Clerk; and are as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of Sir Thomas Kennedy, Heir Male of John late Earl of Cassillis;
"Sheweth,
"2d November 1404.
"That, by a Charter in 1404, Robert the Third King of Scotland granted the Barony of Cassillis to Sir Gilbert Kennedy and to James Kennedy his Son, and the Heirs Male of his Body; and, failing these, to several other Heirs Male therein named.
"27th & 28th Jan. 1405.
"That King Robert the Third soon after granted to the said James Kennedy and to Mary Stuart his Wife, King Robert's Daughter, and the same Heirs Male mentioned in the former Grant, the Barony of Dalrymple; and appointed the said James Kennedy, and the Heirs Male aforesaid, the Head of the whole Tribe, in all Questions, Articles, and Affairs, thereto belonging.
"2d August 1450. 18th Feb. 1450/51
"That His Majesty King James the Second, in 1450, not only confirmed the Two last mentioned Grants; but of new granted the Barony of Cassillis in Favour of Gilbert the Son of the said James Kennedy, and Grandson of King Robert the Third, and the Heirs Male of his Body; and, failing these, to a Series of Heirs Male only.
"That the said Gilbert was soon after created Lord Kennedy; and, in 1509, before Patents were in Use, his Son Lord Kennedy was created Earl of Cassillis; since which Time, for the Space of 250 Years, the Estate and Title of Honour and Dignity of Earl of Cassillis have been held and enjoyed by the Heirs Male only of David, first created Earl of Cassillis in 1509.
"That, by the Law of Scotland, Titles of Honour, where there is no Patent regulating the Descent, are considered as Male Fiefs, and do invariably descend to the Heirs Male of the First Grantee so long as any exist.
"That, upon the Death of John late Earl of Cassillis, in August 1759, your Petitioner, having been duly served and cognosced, agreeable to the Laws of Scotland, by a sworn Jury of Noblemen and Gentlemen to be the nearest Heir Male of the said John late Earl of Cassillis, lineally descended of David the First Earl of Cassillis; he most humbly apprehends, he is entitled to the Title of Honour and Dignity of Earl of Cassillis.
"The Petitioner therefore most humbly prays, that the Title and Dignity of Earl of Cassillis may be declared to belong to the Petitioner and his Heirs Male.
"And the Petitioner shall ever pray, &c.
"Thomas Kennedy."
"Whitehall, February 2d, 1761.
"His Majesty, being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.
"Holdernesse."
Ordered, That the said Petitions and Reference be referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House.
Ordered, That the said Committee do meet, to consider the said Petitions, on Wednesday the 4th Day of March next; and that Notice thereof be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.
Late Earl Marischall's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable His Majesty to grant unto George Keith, late Earl Marischall, a Sum therein limited, out of the Principal Money and Interest now remaining due to the Publick, on account of the Purchase-money of certain Parts of the Forfeited Estates of the said late Earl."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Langton Herring Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Commons, and Waste Grounds, lying in the Parish, and within the Precincts, of the Manor of Langton Herring, in the County of Dorset."
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 this Day Sevennight, at the usual Time and Place; and to adjourn as they please.
Eydon Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Grange Lands, and Waste Grounds, of and in the Manor and Parish of Eydon, in the County of Northampton."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Irish Tallow Act to extend, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for extending an Act, intituled, An Act to discontinue, for a limited Time, the Duties payable on Tallow imported from Ireland to Hogs Lard and Grease."
After some Time, the House was resumed.
And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Dutchy of Cornwall, Leases, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable His Majesty to make Leases and Copies of Offices, Lands, and Hereditaments, Parcel of His Dutchy of Cornwall, or annexed to the same; and for other Purposes therein mentioned."
After some Time, the House was resumed.
And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Sugar Colonies, Act to continue, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to continue an Act made in the Sixth Year of the Reign of His late Majesty King George the Second, intituled, An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."
After some Time, the House was resumed.
And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Further Time for qualifying for Offices, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, Officers of the Militia, and others who have omitted to register or to deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes."
After some Time, the House was resumed.
And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.