House of Lords Journal Volume 32
February 1770, 21-28

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History of Parliament Trust

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1767-1830

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441-448

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'House of Lords Journal Volume 32: February 1770, 21-28', Journal of the House of Lords volume 32: 1768-1770 (1767-1830), pp. 441-448. URL: http://british-history.ac.uk/report.aspx?compid=113328 Date accessed: 24 October 2014.


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Contents

DIE Mercurii, 21o Februarii 1770.
Ross against sir John Corn. Johnstone against Gordon. Gray add Stewart against Black burns. Murray and Carlyle against Carlyle: Intel locutors affirmed. Halloughton Enclosure Bill. Irish Tallow &c. Bill. St Paul Shadwell, Poor Bill. Ratby Enclosure Bill. Head to take the Name ot James, Bill. Bp. of Bristol Estate Bill. cardian Road Bill. Caldecot et al, Leave for a Bill: Bill read Macdonalds against Butter; Petition for a Bye Day. Hanman for a Nat. Bill: Acton against Irvine, and Adam against Irvine: Appeals withdrawn. Gray and Sutherland against Sir John Sindau. Appeal withdrawn. Mackintosh et al against Baxter et al. Adjourn DIE Veneris, 23o Februarii 1776.
Macleod against Sir John Gordon. Mackintosh et al. against Baxter et al. Bp. of Bristol's Estate Bill. Cardigan Roads Bill. Sir Geo, Robinson et Ux. Leave for a Bill: Bill read. Waddington Enclosure Bill. Macleod against Sir John Gordon, to be heard with Johnstone's Appeal. Sir William Darlymple against: Campbell, Petition to put off the Hearing rejected. Schuster's Nate Bill Adjourn. DIE Sabbati, 24o Februarii 1770.
Mackintosh et al. against Baxten et al. Interlocutors affirmed. Bromley et al Leave for a Bill: BilI read. Irish Tallow, &c. Bill. Ratby Enclosure Bill. Head to take the Name of James, Bill. Halloughton Enclosure Bill. Halloughton Enclosure Bill. Caldecot's Bill. Waddington Enclosure Bill. Bp. Bristol. Estate Bill Message to H. C. with it. Cardigan Roads Bill: Schuster's Nat Bill: Message to H.C that the Lords have agreed to the Two preceding Bills. Lords added to Committees. Adjourn. DIE Lunæ, 26o Februarii 1770.
Kealy against Dawes. Judgement. Papers relating to the Alncan Forts and Settlements delivered Walker's Bill. Ratby Enclosure Bi11. Halloughton Enclosure Bill D. Kingston Leave for a Bill Bill read. Plunkett and Reilly against L. Glerawley and Annesley, Petition to read Bill and Answers at the Hearing of the Appeal. Waddington Enclosure Bill. St. Paul Shadwell Poor Bill. Bromley's Bill. Sutherland Claim of Peer age, Claimant to exchange and print new Cases. Irish Tallow, &c. Bill Head to take the Name of James, Bill. Sir William Dalrymple against Campbell. Adjourn. Footnotes

DIE Mercurii, 21o Februarii 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin.Dux Gloucester.Ds. Willoughby Par.
Epus. Duresm.Dux Cumberland.Ds. Byron.
Epus. Cestrien.Dux Beaufort.Ds. Hay.
Epus. Cicestrien.Dux Bridgewater.Ds. Masham.
Epus. Litch. & CoV.Comes Exeter.Ds. King.
Epus. Norvicen.Comes Denbigh.Ds. Sandys.
Epus. Glocestr.Comes Westmorland.Ds. Hyde.
Epus. Lincoln.Comes Stamford.Ds. Mansfield.
Epus. Meneven.Comes Shaftesbury.Ds. Scarsdale.
Epus. Landav.Comes Rochford.Ds. Boston.
Comes Erroll.Ds. Lovel & Holland.
Comes Abercorn.Ds. Digby.
Comes Loudon.
Comes Marchmont.
Comes Roseberry.
Comes Oxford.
Comes Macclesfield.
Comes Ilchester.
Viscount Weymouth.
Viscount Wentworth.
Viscount Courtenay.

PRAYERS.

The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.

Ross against sir John Corn.

The Answer of Sir John Gordon of Invergordon Baronet, to the Appeal of David Ross of Inverchasley, was this Day brought in:

Johnstone against Gordon.

As was also, The Answer of William Gosdon Esquire to the Appeal of John Johnstone:

Gray add Stewart against Black burns.

And also, The Answer of Messieurs Andrew and Hugh Blackburn of Glasgow Merchants, to the Appeal of William Gray Merchant and late Provost of Perthand William Stewart Junior, Merchant there.

Murray and Carlyle against Carlyle:

After hearing Counsel upon the Petition and Appeal of Jean Murray alias Carlyle of Lockharthur, and John Hanna Carlyle her Husband, complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 28th of January, 24th of June, 26th of July, and 9th of August 1768; and also, of an Interlocutor of the Lords of Session there, of the 21st of December 1768; and also, of another Interlocutor of the Lord Ordinary, of the 22d of December 1768; and praying, “That the same might be reversed, altered, or amended, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of George Carlyle, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Intel locutors affirmed.

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

Halloughton Enclosure Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields, and certain Commonable Places, in the Parish of Halloughton in the County of Leicester;” to which they desire the Concurrence of this House.

Irish Tallow &c. Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, “An Act to continue, for a limited Time, an Act, made in the Seventh Year of His present Majesty's Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hog's Lard, and Grease;” to which they desire the Concurrence of this House.

St Paul Shadwell, Poor Bill.

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

With a Bill, intituled, “An Act for the better maintaining, regulating, and employing, the Poor within the Parish of Saint Paul Shadwell, in the County of Middlesex “to which they desire the Concurrence of this House.

Ratby Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields in Ratby, in the Parish of Ratby and County of Leicester;” to which they desire the Concurrence of this House.

Head to take the Name ot James, Bill.

A Message was brought from the House of Commons, by Sir John (fn. 1) Philmore and others:

With a Bill, intituled, “An Act to enable William Head Esquire, a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire deceased;” to which they desire the Concurrence of this House.

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

Bp. of Bristol Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Bishop's of Bristol to grant a Lease or Leases of a Close of Ground, commonly called The Bishop's Park, in the Parish of Saint Augustine, otherwise called Saint Augustine the Less, within the City of Bristol, or the Suburbs thereof.”

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

D. Beaufort.L. Bp. London.L. Willoughby Par.
D. Bridgewater.L. Bp. Durham.L. Hay.
E. Exeter.L. Bp. Chester.L. Masham.
E. DenbighL. Bp. Litch. & Cov.L. King.
E. Westmorland.L. Bp. Norwich.L. Sandys.
E. Stamford.L. Hyde.
E. Shaftesbury.L. Scarsdale.
E. Rochford.L. Boston.
E. Erroll.L. Lovel & Holland.
E. Abercorn.
E. Loudon.
E. Marchmont.
E. Oxford.
E. Macclesfield.
E. Ilchester.
V. Weymouth.
V. Wentworth.
V. Courtenay.

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

cardian Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for Cardigan repairing and widening several Roads in the County of Cardigan.”

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.

Caldecot et al, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Gilbert Caldecot Esquire and Sarah his Wife, and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read

Hodie 1a vice lecta est Billa, intituled, “An Act for discharging certain Estates from the Uses and Trusts thereof, created in and by an Act of Parliament, passed in the Twenty-eighth Year of His late Majesty's Reign, intituled, “An Act for charging the Settled and Unsettled Estates of Gilbert Caldecot Esquire with raising Money to pay his Debts and Incumbrances, and for limiting his Unsettled Estates so charged to the Uses of his Marriage Settlement;” and for charging the said Estates to the several Uses and Trusts therein mentioned.”

Macdonalds against Butter; Petition for a Bye Day.

A Petition of Henry Butter, Respondent in a Cause depending in this House, to which Ronald and Alexander Macdonalds are Appellants, was presented and read; setting forth, “That this Appeal being brought against a Decree of the Court of Session in Scotland, ordering the Removal of the Appellants, at the ensuing Term of Whitsunday, from certain Lands belonging to His Majesty, (whose Factor the Respondent is), and as under the Circumstances a Delay would sub stantially be a Reversal of the Decree;” and therefore praying, “That the same may be set down to be heard on an early Bye Day.”

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 8th Day of March next.

Hanman for a Nat. Bill:

Upon reading the Petition of Johan Gottfried Hanman; praying Leave to bring in a Bill for his Naturalization:

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

Acton against Irvine, and Adam against Irvine:

A Petition of John Acton of Maryburgh, Appellant in a Cause depending in this House, wherein Major General Irvine is Respondent; and also, of Robert Adam of Dowhill, Appellant in a Cause depending in this House, wherein the said Major ,General Irvine is Respondent; which Causes now stand appointed for hearing, was presented and read; setting forth, “That the Petitioners are desirous of withdrawing their said Appeals;” and therefore praying, That they may be at Liberty to withdraw the same.”

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Appeals withdrawn.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeals, as desired.

Gray and Sutherland against Sir John Sindau.

A Petition of Robert Gray and William Sutherland, Appellants in a Cause depending in this House, to which Sir John Sinclair of Murckle Baronet is Respondent, which Cause now stands appointed for hearing, was presented and read; setting forth, “That the Petitioners, on the 21st Day of March last, presented their Petition of Appeal to their Lordships, complaining of certain Interlocutors of the Lord Ordinary and Lords of Council and Session in Scotland; and praying, Their Lordships to reverse, vary, or alter the same, as to their Lordships should seem meet; that the Petitioners and the Respondent have submitted the Matters in Difference between them to Arbitration, under an Agreement that the said Appeal should be withdrawn;” and therefore praying, “That they may be at Liberty to withdraw the same, without Costs.”

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Appeal withdrawn.

Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Mackintosh et al against Baxter et al.

Ordered, That the Counsel in the Cause, wherein Robert Mackintosh and others are Appellants, and John Baxter and others are Respondents, which stands appointed for hearing on Friday next, be called in at One o'Clock.

Adjourn

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 23o Februarii 1776.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.Dux Gloucester.Ds. Le Despencer.
Epus. Norvicen.Comes Halifax, C.P.S.Ds. Willoughby Bar.
Epus. Meneven.Dux Ancaster, Magnus Camerarius.Ds. Hay.
Epus. Landav.Dux Portland.Ds. King.
Dux Bridgewater.Ds. Montfort.
Comes Denbigh.Ds. Sandys.
Comes Carliol.Ds. Ravensworth.
Comes Erroll.Ds. Mansfield.
Comes Abercorn.Ds. Scarsdale.
Comes Marchmont.Ds. Boston.
Comes Roseberry.Ds. Lovel & Holland.
Comes Dartmouth.Ds. Digby.
Comes Tankerville.
Comes Ilchester.
Viscount Wentworth.
Viscount Courtenay.

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Macleod against Sir John Gordon.

The Answer of Sir John Gordon Baronet to the Appeal of Roderick Macleod Writer in Edinburgh, was this Day brought in.

Mackintosh et al. against Baxter et al.

After hearing Counsel, in Part, in the Cause wherein Mr. Robert Mackintosh Advocate and others are Appellants, and John Baxter and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Tomorrow; and that the Counsel be called in at One o'Clock.

Bp. of Bristol's Estate Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act to enable the Bishop of Bristol to grant a Lease or Leases of a Close of Ground, commonly called The Bishop's Park, in the Parish of Saint Augustine, otherwise called Saint Augustine the Less, within the City of Bristol, or the Suburbs thereof,” 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 Co mittee; 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.

Cardigan Roads Bill.

The Lord Viscount Wentworth also reported from the Lords Committees, to whom the Bill, intituled, “An Act for repairing and widening several Roads in the County of Cardigan,“ 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.”

Sir Geo, Robinson et Ux. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir George Robinson Baronet, and Dorothea his Wise; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act to empower the Trustees, named in the Settlement of Sir George Robinson Baronet, and Dame Dorothea his Wife, to grant Building and Repairing Leases of the Settled Estates in or near Tower Hilly within the Liberty of The Tower of London; and for other the Purposes therein mentioned.”

Waddington Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, in the Parish of Waddington, in the County of the City of Lincoln;” to which they desire the Concurrence of this House.

Macleod against Sir John Gordon, to be heard with Johnstone's Appeal.

A Petition of Sir John Gordon, Respondent in a Cause depending in this House, wherein Patrick Macleod is Appellant, was presented and read; setting forth, “That this is a Question upon the Appellant's Claim of a Right of Freehold in the County of Crotmarty, and is in pari casu with another Appeal upon a Claim of Right of Freehold in the same County, in the Name of John Johnstone which now stands appointed for hearing;” and therefore praying, “That this Cause may be appointed to be heard on the same Day with the Appeal of John Johnstone.

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the same Day with that of John Johnstone, as desired.

Sir William Darlymple against: Campbell, Petition to put off the Hearing rejected.

A Petition of Sir William Dalrymple Baronet, Appellant in a Cause depending in this House, wherein Archibald Campbell is Respondent, was presented and read; setting forth, “That the Petitioner, in the Month of March last, presented a Petition of Appeal to their Lordships, complaining of Four Interlocutors of the Lords of Session in Scotland, pronounced on the ist and 5th July 1768, and 3d and 11th of March last; that the Petitioner being advised that certain Petitions and other Papers, made use of in the said Cause, were necessary to be engrossed in the Decree, in order to the Petitioner's being enabled to make use of them in this House, and having applied to the proper Clerks in Scotland for that Purpose, who refused to engross the same; the Petitioner, on the 16th and 19th of January last, applied to the Court of Session, by Petition, for an Order to the Clerks to engross the same in the said Decree, and for other Purposes in the said Petition mentioned, on which Petition the said Lords did not pronounce an Interlocutor till the 24th Day of the said Month of January; that the Petitioner having been necessarily delayed in Scotland in following the said Petitions, did not arrive in London until the 14th of February instant, with the Extract of the Decree and other Papers in this Cause that the Petitioner, from the Number of Papers and Length of the Proceedings in this Cause, cannot possibly be prepared for the hearing the same in the Course it now stands in their Lordships Paper;” and therefore praying, “That the said Cause may be adjourned for a Fortnight, or such other Time as to their Lordships shall seem mee.”

The Agents were called in:

And the Appellant appearing in Person at the Bar, and the Agent for the Respondent, they were heard in relation to the said Petition.

And being withdrawn:

Ordered, That the said Petition be rejected.

Schuster's Nate Bill

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Christian Gottlieb Schuster, 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.”

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum quartum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Sabbati, 24o Februarii 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.Dux Gloucester.Ds. Willoughby Par.
Epus. Petriburg.Comes Abercorn.Ds. Hay.
Comes MarchmontDs. Sandys.
Comes Ilchester.Ds. Mansfield.
Viscount Wentworth.Ds. Lyttelton.
Ds. Boston.
Ds. Lovel & Holland.

PRAYERS.

The Lord Mansfield sat Speaker by virtue of His Majesty's Commission.

Mackintosh et al. against Baxten et al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mr. Robert Mackintosh Advocate, and Robert Cheyne and Thomas Myles, Constituent Members of the Town Council of Cupar, at the Meeting for the Annual Election of the Magistrates of the 7th Day of October 1767, and of John Smith, Smith in Cupar, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 7th and 20th of July, and 11th of August 1768, and 12th of December 1768; and praying, “That the same might be reversed, varied, or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of John Baxter and others, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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

Bromley et al Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Bridget Bromley Widow and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

BilI read.

Hodie 1a vice lecta est Billa, intituled, “An Act for empowering, the Guardians named in the Will of William Throckmorton Bromley Esquire deceased, to make Sale, of Timber growing upon Part of his Settled Estates, and for inverting the Money thereby arising in the Purchase of Lands for the Benefit of his Infant Children.”

Irish Tallow, &c. Bill.

Hodie 2a vice lecta est Billa intituled, “An Act to continue, for a limited Time, an Act, made in the Seventh Year of His present Majesty's Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon the Importation of Tallow, Hog's 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 Monday next.

Ratby Enclosure Bill.

Hodie 2avice lecta est Billa, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields in Ratby, in the Parish of Ratby and County of Leicester.

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

E. Abercorn.L. Bp. Bath & Wells.L. Willoughby Par.
E. Marchmont.L. Bp. Peterborough.L. Hay.
E. Ilchester.L. Sandys.
V. Wentworth.L. Mansfield.
L. Lyttelton.
L. Boston.
L. Lovel & Holland.

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.

Head to take the Name of James, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable William Head Esquire, a Minor, and his Issue, to take and use the Surname of James only, and to bear the Coat Armour of the Family of John James Esquire deceased.”

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

Their Lordships, or any Five of them, to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please.

Halloughton Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields and certain Commonable Places, in the Parish of Halloughton in the County of Leicester

Halloughton Enclosure Bill.

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:

Caldecot's Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for discharging certain Estates from the Uses and Trusts thereof, created in and by an Act of Parliament, passed in the Twenty-eighth Year of His late Majesty's Reign, intituled, “An Act for charging the Settled and Unsettled Estates of Gilbert Caldecot Esquire with raising Money to pay his Debts and Incumbrances, and for limiting his Unsettled Estates so charged to the Uses of his Marriage Settlement;” and for charging the said Estates to the several Uses and Trusts therein mentioned.”

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

Their Lordships, or any Five of them, to meet on Monday the 12th Day of March next, at the usual Time and Place; and to adjourn as they please.

Waddington Enclosure Bill.

Hodie 1a vice lecta est Billa intituled, “An Act for dividing and enclosing the Open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, in the Parish of Waddington, in the County of the City of Lincoln.

Bp. Bristol. Estate Bill

Hodie 3 vice lecta est Billa, intituled, “An Act to enable the Bishop of Bristol to grant a Lease or Leases of a Close of Ground, commonly called The Bishops Park, in the Parish of Saint Augustine, otherwise called Saint Augustine the Less, within the City of Bristol, or the Suburbs thereof;”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was Ordered to be sent to the House Commons, by Mr Harris and, Mr. Browning:

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

Cardigan Roads Bill:

Hodie 3 vice lecta est Billa, intituled, “An Act so repairing and widening several Roads in the Country of Cardigan.

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Schuster's Nat Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Christian Gottlieb Schuster

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 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.

Lords added to Committees.

Ordered, That all the Lords who have been present this Session, be added to the Committees appointed this Day.

Adjourn.

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

DIE Lunæ, 26o Februarii 1770.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.Dux Gloucester.Ds. Harwich, Unus Primariorum Secretariorum.
Epus. Wigorn.Comes Gower (fn. 2) C.P.S.Ds. Willoughby Par.
Epus. Asaphen.Dux BedfordDs. Hay.
Epus. Norvicen.Dux Argyll.Ds. Montfort.
Epus. LincolnComes Denbigh.Ds. Sandys.
Epus. Landav.Comes Plimouth.Ds. Mansfield.
Epus. Petriburg.Comes Abercorn.Ds. Scarsdale.
Comes Marchmont.Ds. Lovel & Holland.
Comes Oxford.
Comes Pomfret.
Viscount. Weymouth.
Viscount Wentworth.

PRAYERS.

The Lord Mansfield sat Speaker by virtue 0f His Majesty's Commission.

Kealy against Dawes.

After hearing Counsel upon the Petition and Appeal of James Kealy Esquire, complaining of Two Orders or Decrees of the Court of Exchequer in Ireland of the 4th of July 1764, and 25th of June 1767, made in a certain Cause, wherein George Dawes Gentleman was Plaintiff, and James Kealy Esquire and James Dawes were Defendants; and praying, “That the same might be reversed or varied, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of George Dawes Gentleman, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the Order or Decree of the 25th of June 1767, complained of in the said Appeal, be, and the same is hereby reversed; and that in the Order or Decree of the 4th of July 1764, the Words [“what the Yearly Value of the Lands in the Pleadings mentioned was”] be left out, and the Words [“whether Thirty Pounds a Year was less than Two Thirds of the Yearly Value of the Lands, in the Pleadings mentioned to be let for Twenty-one Years to a solvent Tenant”] be inserted instead thereof; and that this Order or Decree, thus amended, be, and the same is hereby affirmed.

Papers relating to the Alncan Forts and Settlements delivered

The House being informed, “That Mr. Jackson, from the Admiralty Office, attended:”

He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament of the 23d Year of King George the Second:

“Copies of Reports, made by Captain Tonyn, of His Majesty's (fn. 3) Ship The Phamx, to the Lords of the Admiralty, of the State and Condition of the Forts and Settlements on the Coast of Africa, together with a Schedule of the said Papers;” (videlicet),

“No. 1. State and Condition of Bance Island, taken 29th March 1769:”

“2. State and Condition of Fort Appollonia, taken 17th April 1769:”

“3. State and Condition of Dixcovs Fort, taken 18th April 1769”

“4. State and Condition of Annamaboe Fort, taken 21st April 1769:”

“5. State and Condition of Winnebah Fort, taken 27th April 1769:”

“6. State and Condition of Tantumquerry Fort, taken 27th April 1769:”

“7. State and Condition of Cape Coast Castle, taken 27th April 1769:”

“8. State and Condition of James Fort Accra taken 28th April 1769:”

“9. State and Condition of Succondee Fort, taken 29th April 1769:”

“10. State and Condition of Commenda Fort, taken 29th April 1769:”

“11. State and Condition of William's Fort Whydah taken 1st May 1769.”

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Walker's Bill.

The Lord Viscount Wentworth reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting the Manor of Lymington and certain Lands and Hereditaments in the Counties of Somerset and Wilts, settled by the Will of John Walker Esquire deceased, in Trustees, to be sold, and for settling other Lands and Hereditaments in the said County of Wilts in Lieu thereof; and for other Purposes therein mentioned,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their ConSents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Ratby Enclosure Bi11.

The Lord Viscount Wentworth made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields in Rathy, in the Parish of Rathy. and County of Leicester,” was committed.

Halloughton Enclosure Bill

The Lord Viscount Wentworth also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for dividing, enclosing, and allotting, the Open Fields, and certain Commonable Places, in the Parish of Halloughton, in the County of Leicester” was committed.

D. Kingston Leave for a Bill

After reading and considering the Report of the Judges, to whom was referred the Petition of Evelyn Duke of Kingston; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for vesting a certain Messuage or Tenement, with the Appurtenances, in Arlington Street, in the County of Middlesex, Part of the Settled Estate of the Most Noble Evelyn Duke of Kingston in Trustees, and their Heirs, in Trust for the said Duke, and for settling other Estates of the said Duke to the same Uses as the said Messuage and Premises now stand limited.”

Plunkett and Reilly against L. Glerawley and Annesley, Petition to read Bill and Answers at the Hearing of the Appeal.

A Petition of William Lord Glerawley in the Kingdom of Ireland and William Annesley Esquire; Respondents in a Cause depending in this House wherein James Plunkett Esquire, commonly called Earl of Fingall, in the said Kingdom of Ireland, and James Reilly are Appellants, which (lands appointed for hearing, was presented and read, setting forth, “That the Petitioners filed their Bill against the Appellants in the Court of Chancery in Ireland, for the Purposes therein mentioned; and the Appellants put in their Answer thereto, and divers Witnesses were examined, and Publication duly passed, and the Cause came on to be heard before the Lord Chancellor of Ireland on the 2d of March 1769, when his Lordship was pleased to decree an Injunction against the Appellants, to restore to the Respondents the Possession of the Town and Lands of Killalon, in the County of Meath, demised to James Morley by Arthur, Earl of Anglesca, in the Pleadings mentioned, and in Default thereof by the said Appellants, then that the Sheriff of the County of Meath should restore the Respondents to such Possession: That; on the 4th Day of the same March the Appellants obtained an Order to rehear the said Cause; that the Petitioners Solicitor, after the Hearing of the said Cause, was informed of certain Proceedings in a Cause in the Court of Chancery in Ireland, wherein Nathan Stot, as a Protestant Discoverer, was Complainant, and Justin Plunkett and Hugh Reilly and others were Defendants; and also the Proceedings in another Cause in the Court of Exchequer in Ireland, wherein James Macartney was Plaintiff, and Hugh Reilly and others were Defendants; and upon inspecting thereof, the Petitioner, apprehending the same to be material Evidence for the Petitioners, on the 6th Day of March 1769, did obtain Orders of the Court of Chancery in Ireland, for the Petitioners being at, Liberty to read at the Rehearing of the said Cause the Bills and Answers in the said Cause, saving all. just Exceptions: That the said Appellants, upon the Petitioners obtaining such Orders to read the said Bills and Answers, immediately deserted the Rehearing of the said Cause, and appealed to their Lordships, in order to prevent the Petitioners from the Benesit of reading the said Proceedings at such Rehearing: That though, in general, Evidence not read at the Hearing of the Cause below cannot be read before their Lordships, inasmuch as Decrees might be thereby reversed upon Evidence not read before the Judge who heard the Cause; yet as the Decree in the present Appeal is made in Favour of the Petitioners, and the Proceedings in the said Causes, which the Petitioners have obtained an Order to read at the Re-hearing, are proposed to be produced and read by the Petitioners in Support of the said Decree; and inasmuch as if the Appellants had re-heard the said Cause agreeable to their Petition, the Petitioners would have had the Benefit of reading the said Proceedings, and in that Case would have been entitled to have read the same before their Lordships, in case the said Appellants had appealed against the Decree on the Re-hearing” and therefore praying, “Their Lordships that they may be at Liberty to read the said Bills and Answers in the said Two Causes at the! Hearing of this Appeal before their Lordships, saving just Exceptions.”

And thereupon the Agents on both Sides were called in and heard at the Ban

And being withdrawn:

Ordered, That the said Petition be taken into Consideration at the Hearing of the Cause.

Waddington Enclosure Bill.

Hodie 2a vice lecta est Billa intituled, “An Act for dividing and enclosing the Open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, in the Parish of Waddington, in the County of the City of Lincoln.”

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

Ld. President.L. Bp. Durham.L. Willoughby Par.
D. Bedford.L. Bp. Worcester.L. Hay.
D. Argyll.L. Bp. St. AsaphL. Montfort.
E. Denbigh.L. Bp. Norwich.L. Sandys.
E. Plymouth.L. Bp. Landaff.L. Scars dale.
E. Abercorn.L. Lovel & Holland.
E. Marchmont.
E. Oxford.
E. Pomfret.
V. Weymouth.
V. Wentworth

Their Lordships, or any Five of them, to meet on Thursday next, at Ten 0'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

St. Paul Shadwell Poor Bill.

Hodie 2a vice lecta est Billa, intituled, "“An Act for the better maintaining, regulating, and employing, the Poor within the Parish of Saint Paul Shadwell, in the County of Middlesex.”

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.

Bromley's Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for empowering the Guardians named in the Will of William Throckmorton Bromley Esquire deceased, to make Sale of Timber growing upon Part of his Settled Estates; and for inverting the Money arising in the Purchase of Lands for the Benefit of his Infant Children.”

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 13th Day of March next, at the usual Time and Place; and to adjourn as they please.

Sutherland Claim of Peer age, Claimant to exchange and print new Cases.

A Petition of Sir Robert Gordon Baronet, claiming the Title, Honour, and Dignity of Earl of Sutherland, &c. was presented and read; setting forth, “That last Session of Parliament, after the Cases of the Petitioner and Two other Claimants to this Peerage had been lodged, and a Day appointed for the Hearing, a Petition was presented in the Name of Lady Elizabeth Wemyss, praying to be heard for her Interest; whereupon their Lordships were pleased to put off the Hearing till the present Session, and to order that the Earls of Crafurd and Erroll should have Notice, and that they, as well as Lady Elizabeth, should (if they thought proper) be heard for their Interest; that the thus letting in so many new Parties, with different Interests, made it necessary for the Petitioner to make further Searches into the Records, which has been done with much Labour, and so as to throw great Light on the Matter in Dispute; but as by their of Lordships last Standing Order relative to Questions of Peerage, these additional Proofs, or an Abstract of them, must be previously printed, and lodged at least Fourteen Days before the Hearing; and as the Petitioner is informed Lady Elizabeth Wemyss means to print a Case;” and therefore praying, Their Lordships for Leave to print an additional or supplemental Case; and that their Lordships will be pleased to order all the different Parties to this Question of Peerage, to bring in their Cases within such short Time as to their Lordships may seem proper, that the Question of Right (which has depended for Three Sessions) may be determined in this present Session.”

And thereupon the Agents for the Claimants were, called in; and heard at the Bar:

And being withdrawn:

Ordered, That the Agents for the Claimants of the Titles, Honours, &c of Sutherland do exchange with each other the new Case they intend to print on or before Saturday next; and that they be at Liberty to make and print new Cases: And it is hereby further Ordered, That they do deliver their new printed Cases to this House on this Day Fortnight.

Irish Tallow, &c. Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to continue, for a limited Time, an Act: made in the Seventh Year of His present Majesty's Reign, intituled, “An Act to discontinue, for a limited Time, the Duties payable upon Tallow, Hogs Lard, and Grease.”

After some Time the House was resumed.

And the Lord Viscount Wentworth reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Head to take the Name of James, Bill.

Ordered, That the Committee to whom the Bills intituled, “An Act to enable William Head Esquire. a Minor, and his Issue, to take and use the surname of James only, and to bear the Coat Armour of the Family of John James Esquire deceased, stands committed, which is appointed for Tomorrow, be adjourned to Thursday next.

Sir William Dalrymple against Campbell.

Ordered, That the Hearing of the Cause, wherein Sir William Dalrymple Baronet is Appellant, and Archibald Campbell is Respondent, which stands appointed for Wednesday next, be put off to Thursday next.

Adjourn.

Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 In the Journals of H. C. Sir John Filmer; vide Vol. 32. P. 712.a.
2 sic
3 Origin. Ships.