House of Lords Journal Volume 26
February 1745, 1-10

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History of Parliament Trust

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1767-1830

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429-436

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'House of Lords Journal Volume 26: February 1745, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 429-436. URL: http://british-history.ac.uk/report.aspx?compid=114203 Date accessed: 02 September 2014.


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February 1745, 1-10

DIE Veneris, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Comes Waldegrave.
Comes Malton.
Comes Bath.
Comes Portsmouth.
Viscount Lonsdale.
Viscount St. John.
Ds. Willoughby Par.
Ds. North.
Ds. Ward.
Ds. Conway.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Raymond.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Reed against Mitchell; Writ of Error Non prosed.

Upon reading the Petition of Anne Mitchell, Defendant in a Writ of Error brought into this House the 23d of January last, wherein John Reed is Plaintiff; praying, "That the said Writ may be Non pros'd, the Time limited by the Standing Order of this House for the Plaintiff to assign Errors being expired without his assigning the same, and the Petitioner allowed Costs:"

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for her Costs by reason of the Delay of the Execution of the said Judgement.

Reed against Ironside & al.: Writ of Error Non pros'd.

Upon reading the Petition of Edward Ironside and William Belchier, Defendants in a Writ of Error brought into this House the 23d Day of January last, wherein John Reed is Plaintiff; praying, "That the said Writ may be Non pros'd, the Time limited by the Standing Order of this House for the Plaintiff to assign Errors being expired without his assigning the same, and the Petitioners allowed Costs:"

It is Ordered, That the Petitioners do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

King's Lynn Church, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of Saint Margaret, within the Borough of King's Lynn, in the County of Norfolk, to raise Money, by Rates upon themselves, for finishing the Church of the said Parish."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ld. Privy Seal.
Ld. Chamberlain.
D. Argyll.
D. Newcastle.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Poulet.
E. Oxford.
E. Pomfret.
E. Malton.
E. Bath.
E. Portsmouth.
V. Lonsdale.
V. St. John.
L. Abp. York.
L. Bp. Rochester.
L. B. Exeter.
L. B. Gloucester.
L. B. Worcester.
L. B. St. Davids.
L. Willoughby Par.
L. North.
L. Ward.
L. Conway.
L. Hay.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Ducie.
L. Walpole.
L. Raymond.
L. Montfort.
L. Fitzwilliam.
L. Sandys.

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

Kingston upon Hull Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Kingston upon Hull, to and through the Town of Anlaby, and from thence to the Town of Kirk-Ella, in the County of the said Town of Kingston upon Hull."

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.

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Fortyfive."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Grant et al. against Duguid: Appeal withdrawn.

A Petition of Alexander Grant of Grantsfield and John Thain Advocate in Aberdeen, was presented, and read; setting forth, "That they having brought their Appeal, last Session of Parliament, from certain Interlocutors made by the Court of Session in Scotland, on Behalf of Patrick Duguid of Auchinhove Esquire, and that several Matters and Points in the Cause had not yet been determined, both Parties were willing and desirous to have the Judgement of the Court below, upon the whole Matters in Dispute between them, that the Cause might come more fully and properly before the House;" and praying, "That the Petitioners may be at Liberty to withdraw their said Appeal; but without Prejudice to their preferring any new Appeal hereafter, as they may be advised; the Respondent consenting thereto."

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

And being withdrawn:

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

Jones & al. against Bennet & al.

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Appeals of Jasper Jones Esquire and his Wife, and Francis Leigh Esquire, to which Thomas Bennet, his Wife, and others, are Respondents.

And One Counsel only for the Respondent Richard Leigh an Infant, by his Guardian, was heard, to claim on the said Respondent's Behalf, "That nothing might be inserted in the Judgement to be given in this Case, to the Prejudice of any Right he might have to any of the Matters in Question."

Then the First Counsel for the other Respondents was fully heard.

And some Proofs on their Part having been read:

The Counsel on all Sides were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned to Monday next.

Sir C. Gresham & al. Pet. referred to Judges.

Upon reading the Petition of Sir Charles Gresham Baronet, John Gresham and Anne Gresham, Infants, the Sons and Daughter of Sir Marmaduke Gresham Baronet, deceased, and of Dame Anne Gresham, Widow and Relict of the said Sir Marmaduke Gresham, their Mother and Guardian; praying Leave to bring in a Bill, for Sale of the Real Estate of the said Sir Marmaduke, for the Payment of his Debts and a Legacy of Three Thousand Pounds to the Petitioner Anne Gresham the Infant, when the same shall become due:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

Wright & Ux. Pet. referred to Judges.

Upon reading the Petition of Robert Wright of East Harling in the County of Norfolk Clerk, and Catherine Wright his Wife; praying Leave to bring in a Bill, for vesting an Estate in the County of Wilts, settled on the Petitioners Marriage, in the said Robert and his Heirs; and for settling another Estate, in the County of Suffolk, to the Uses of the Marriage Settlement:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Penton, Leave for a Bill to be naturalized, &c.

Upon reading the Petition of Henry Penton, of the City of Winchester, in the County of Southampton, Esquire, and Dorothy his Wife, only Daughter of Christian Simons, deceased, by Anne his Wife; praying Leave to bring in a Bill, for naturalizing the Petitioner Dorothy; and for qualifying and enabling her to hold and enjoy a Yearly Rent Charge of Five Hundred Pounds, out of certain Estates in the Counties of Middlesex and Surrey, settled on the Petitioners Marriage, as effectually as if the said Dorothy had been a free and naturalborn Subject of Great Britain at the Time of making the said Settlement:

It is Ordered, That Leave be given to bring in a Bill, as desired.

L. Arch. Hamilton against E. Cassillis & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, is Appellant, and John Earl of Cassillis and Susan Countess of Cassillis and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 18th Day of February Instant.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Berkeley.
Comes Coventry.
Comes Home.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Graham.
Comes Ker.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Delawarr.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Kingston upon Hull Road, Bill.

The Earl of Bath reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from the Town of Kingston upon Hull, to and through the Town of Anlaby, and from thence to the Town of Kirk-Ella, in the County of the said Town of Kingston upon Hull," 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."

King's Lynn Church, Bill.

The Lord Bishop of Norwich made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable the Parishioners of the Parish of Saint Margaret, within the Borough of King's Lynn, in the County of Norfolk, to raise Money, by Rates upon themselves, for finishing the Church of the said Parish," was committed.

Provost & al. of Worcester College, Pet. referred to Judges.

Upon reading the Petition of the Provost, Fellows, and Scholars, of Worcester College, in the University of Oxford; praying Leave to bring in a Bill, for Sale of the Rectory and Parsonage of Walkeringham, in the County of Nottingham, and of a Farm called Fulwell Farm, lying in the County of Gloucester; and for laying out the Money arising by such Sale, together with what shall be raised by the Rents and Profits of certain other Estates devised by the Will of Sarah Eaton late of Old Woodstock in the County of Oxford Spinster, deceased, in the Purchase of Fee Simple Estates, effectually to answer the good Purposes intended by the said Testatrix; and for other Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Address for a Copy of a Regulation concerning Neutral Ships by the French King.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officer, that there be laid before this House, a Copy of a Paper, intituled, "Reglement concernant les Prises faites sur Mer, et la Navigation des Vaisseaux Neutres pendant la Guerre," signed by the French King, in the Camp before Fribourg, and dated the 21st of October 1744, if any Copy thereof be in any of the Public Offices."

Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-five."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Jones & al. against Bennet & al.

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Appeals of Jasper Jones Esquire and his Wife, and Francis Leigh Esquire, to which Thomas Bennet, his Wife, and others, are Respondents.

And the Counsel for the said Respondents being directed to proceed in their Evidence:

Several Proceedings and Proofs on their Part were read.

And then the Counsel on both Sides were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

M. of Annandale to take the Name of Vanden Bempde, Bill.

The Lord Marquis of Tweeddale, pursuant to the Order of this House of the 17th of January last, presented a Bill, intituled, "An Act to enable George Vanden Bempde Marquis of Annandale to use the Surname and Arms of Vanden Bempde, pursuant to the Will of John Vanden Bempde Esquire, deceased."

And the same was read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Devon, Præses.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Stair.
Comes Portmore.
Comes Oxford.
Comes Aylesford.
Comes Pomfret.
Comes Fitzwalter.
Comes Harrington.
Comes Bath.
Comes Portsmouth.
Viscount Lonsdale.
Viscount St. John.
Ds. Delawarr.
Ds. North.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-five."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

King's Lynn Church, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of Saint Margaret, within the Borough of King's-Lynn, in the County of Norfolk, to raise Money, by Rates upon themselves, for finishing the Church of the said Parish."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Kingston upon Hull Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road leading from the Town of Kingston upon Hull, to and through the Town of Anlaby, and from thence to the Town of Kirk-Ella, in the County of the said Town of Kingston upon Hull."

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Sawyer and Mr. Montagu:

To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.

Pate to take the Name of Rose, Bill.

A Message was brought from the House of Commons, by Sir John Cross and others:

With a Bill, intituled, "An Act for confirming and establishing on John Pate Esquire, and his Issue Male, the Surname of Rose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir R. Sutton & al. Pet. referred to Judges.

Upon reading the Petition of Sir Robert Sutton Knight of the Bath and Aletheia Saville Widow of Charles Saville Esquire, deceased; praying Leave to bring in a Bill, for declaring and enacting, "That an Act of Parliament, passed the last Session, intituled, "An Act for vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned," shall not extend, or be construed to extend, to pass or convey certain Messuages, Farms, Lands, Tenements, and Premises, in Wansley, in the said County of Nottingham, or any Part thereof, to the Uses and Purposes of the said Act:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Keck & al. Pet. referred to Judges.

Upon reading the Petition of Anthony Keck of Lincoln's Inn in the County of Midd'x Esquire, Eldest Son and Heir Apparent of the Reverend David James of Woughton in the County of Bucks Clerk, and One of the Grandsons and Devisees named in the Will, and also Heir at Law, of Anthony Keck late of SouthamptonStreet, Bloomsbury, in the County of Midd'x, Gentleman, deceased, (and which said Anthony Keck of Lincoln's Inn is in the said Will called, and was lately known, by the Name of Anthony James, and hath since, by virtue of an Act of Parliament for that Purpose had and obtained, taken on himself and used the Name of Anthony Keck), and also of Anne Keck Wife of the firstnamed Anthony Keck, the said Anthony Keck and Anne his Wife petitioning as well for themselves as on the Behalf of Anthony James Keck, George William Anthony Keck, and David Anthony Keck, their Three Sons, who are all Infants; and also the Petition of David James, Brother of the said Anthony Keck of Lincoln's Inn, Henry Pye of Faringdon in the County of Berks Esquire and Mary Pye his Wife, Daughter of the said David James and Sister of the last named Anthony Keck; praying Leave to bring in a Bill, for Sale of several Lands, Tenements, and Hereditaments, in the Counties of Nor folk, Lincoln, and Hertford, and in or near Islington, in the County of Midd'x, comprized in certain Marriage Articles in the Petition mentioned; and to apply the Money arising by such Sale towards Payment of the Purchase Money for an Estate agreed to be purchased in the County of Leicester; and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Sir F. Skip with & al. Petition referred to Judges.

Upon reading the Petition of Sir Francis Skipwith Baronet and Dame Ursula his Wife, for themselves and on the Behalf of Thomas-George, Francis-William, and Fuller, their Infant Children; praying Leave to bring in a Bill, for appropriating the Sum of Six Thousand Pounds, Part of the Petitioner Ursula's Fortune, towards Payment of the Debts of the Petitioner Sir Francis Skipwith; and for discharging a settled Estate in the Petition mentioned from the Payment of a Rent Charge of Seven Hundred Pounds per Annum to the said Dame Ursula; and also for extinguishing the Power of the said Sir Francis from committing Waste upon the said settled Estate:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Fortescue Aland; with the usual Directions, according to the Standing Order.

M. of Annandale to take the Name of Vanden Bempde, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable George Vanden Bempde Marquis of Annandale to use the Surname and Arms of Vanden Bempde, pursuant to the Will of John Vanden Bempde Esquire, deceased."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ld. Privy Seal.
Ld. Steward.
D. Argyll.
D. Newcastle.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berks.
E. Aylesbury.
E. Shaftesbury.
E. Coventry.
E. Stair.
E. Oxford.
E. Fitzwalter.
E. Bath.
E. Portsmouth.
V. St. John.
L. Abp. York.
L. B. Sarum.
L. B. Exon.
L. B. Worcester.
L. B. Bangor.
L. B. St. Asaph.
L. B. St. Davids.
L. Delawarr.
L. North.
L. Strange.
L. Ward.
L. Cornwallis.
L. Hay.
L. Bathurst.
L. Ducie.
L. Hobart.
L. Monson.
L. Montfort.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

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

Mathew, Leave for a Bill, to dissolve his Marriage.

Upon reading the Petition of Daniel Mathew Esquire; praying Leave to bring a Bill, for dissolving and making void the Marriage of the Petitioner with Penelope Smith his now Wife (he having made a Provision for her Support, which he is desirous to have confirmed); and for making and declaring the Children already born (if any such there are), or which shall be born of the Body of his said Wife, since the 8th Day of April 1742, Bastards and illegitimate; and for enabling the Petitioner to marry any other Woman, as if the said Penelope was now actually dead:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Jones & al. against Bennet & al.:

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Appeals of Jasper Jones Esquire and his Wife and Francis Leigh Esquire, to which Thomas Bennett, his Wife, and others, are Respondents.

And the Counsel for the said Respondents Bennett and others being directed to proceed in their Evidence:

Some more Proceedings and Proofs on their Part were read.

And their Second Counsel was heard, to observe on the Evidence produced.

And One Counsel on each Appeal having been heard by Way of Reply:

The Counsel on all Sides were directed to withdraw.

And due Consideration being had of what had been offered in this Cause:

And the Lord Chief Justice of the Court of Common Pleas having been heard, upon a Question proposed to the Judges present:

Ordered and Adjudged, That both the said Appeals be dismissed this House; and the Decree and Orders therein complained of assirmed.

The entire Order and Judgement, on the Hearing of the said Cause, is as follows; (videlicet,)

Judgement.

"After hearing Counsel, as well on Yesterday was Sevennight, Thursday, and Friday last, and Yesterday, as this Day, upon the Petition and Appeal of Jasper Jones Esquire and Frances his Wife; complaining of a Decree of the Court of Chancery, of the 28th of June 1742, made in a Cause wherein John Bennett and Mary his Wife and Henry Spencer and Anne his Wife were Plaintiffs, and the Appellants, Jasper Leigh Jones their Eldest Son, Francis Leigh Esquire and Richard Leigh his Brother, William Vade, Fitzwilliam Plumtree, Thomas Wildman and Dorothea his Wife, Thomas Leigh of Farnham, John Stalker, Sir Thomas Wynn, and William Fawkes were Defendants, so far as the said Decree directs, "That the Deeds of Lease and Release, of the 9th and 10th of September 1737, in the Appeal mentioned, should be delivered up, to be canceled; and that the Appellants should convey the Estates therein comprized to the Plaintiffs, the Heirs at Law of Sir John Leigh, late of Addington, in the County of Surrey, Knight, and their Heirs; and that the Appellants should deliver Possession of the said Estates to the Plaintiffs, and accompt for the Rents and Profits thereof, and for the Monies received by Sale of any Wood or Timber; and that the Appellants should produce all Deeds and Writings before the Master, for the Benefit of the said Plaintiffs;" and praying, "That the said Decree might be reversed; and that the Will of the said Sir John Leigh, dated the 30th January 1736, and the said Deeds of Lease and Release, Both or One of them, might be established, and the Trust thereof carried into Execution, so far as the same concerns the Appellants and their Issue, and the raising of Monies sufficient to pay the Debts of the said Sir John Leigh; or otherwise that the Appellants might have an Opportunity of trying their Title at Law upon the said Will and Settlement, Both or One of them; or that this House would make such other Order for the Appellants Relief as to their Lordships great Wisdom and Justice should seem meet;" and in a Cross Cause, wherein the Appellants the said Francis Leigh and William Vade were Plaintiffs, and the said John Bennett and Mary his Wife, Henry Spencer and Anne his Wife, Sir Thomas Wynn, William Fawkes, and Thomas Wildman Defendants: And also upon the Petition and Appeal of the said Francis Leigh; complaining of an Order of the said Court, of the 4th of June 1742, and of the said Decree of the 28th of the same Month; and also of an Order of the said Court, of the 23d of March following, so far as the same dismissed the Appellants Petition for Leave to exhibit a new Bill, made in the Causes before mentioned; and praying, "That the said Orders and Decrees respectively might be reversed or varied in the Particulars in the Appeal mentioned; or that the Appellant might have such other Relief as to this House in their great Wisdom should seem meet:" As also upon the several Answers of the said John Bennett and Mary his Wife, Henry Spencer and Anne his Wife, Thomas Leigh, William Vade, Sir Thomas Wynn, Fitzwilliam Plumtree, William Fawkes, Jasper Leigh Jones an Infant, by his Guardian, Francis Leigh, and Richard Leigh an Infant, by his Guardian, put in to the said Appeal of Jasper Jones and his Wife; and likewise upon the Answer of the said John Bennett and Mary his Wife, Henry Spencer and Anne his Wife, William Vade, Thomas Leigh, and Richard Leigh by his Guardian, put in to the Appeal of the said Francis Leigh; and due Consideration had of what was offered on all Sides in this Cause; and hearing the Opinion of the Judges, delivered by the Lord Chief Justice of the Court of Common Pleas, upon a Question to them put, in relation to the Recoveries suffered by the said Sir John Leigh in the Year 1737: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That both the said Petitions and Appeals be, and the same are hereby, dismissed this House; and that the said Decree and Orders, in them or either of them complained of, be, and the same are hereby affirmed."

Adjourn.

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

DIE Veneris, 8o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Argyll.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Graham.
Viscount Torrington.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

L. Arch. Hamilton against Countess of Ruglen & al.

The joint and several Answer of Anne Countess of Ruglen, formerly Countess of March, and of William Earl of March, an Infant, by the said Anne Countess of March, his Curator, to the Appeal of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, was brought in.

E. of Cassillis & al. against Countess of Ruglen & al.

As was also, the joint and several Answer of Ann Countess of Ruglen, formerly Countess of March, and William Earl of March, by the said Ann Countess of Ruglen his Curator, to the Appeal of John Earl of Cassillis and Susan his Wife.

Countess of Ruglen & al. against L. Arch. Hamilton & al.

Upon reading the Petition and Appeal of Anne Countess of Ruglen, and of William Earl of March her Son, an Infant, by the said Anne Countess of Ruglen his Curator; complaining of Part of an Interlocutory of the Lords of Session in Scotland, of the 22d of January 174½ and of an Interlocutory of the Lord Ordinary, of the 18th of November 1743; and praying, "That the same may be reversed; and that Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, Dunbar Earl of Selkirk, Mary Hamilton, and John Hamilton, may be required to answer the said Appeal; and that the Appellants may have such Relief as to the Wisdom of this House shall seem meet:"

It is Ordered, That the said several 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 Friday the 8th Day of March next; and that Service of this Order on their respective Procurators or Agents in the Court of Session in Scotland be deemed good Service.

Wight & al. against Stewart.

Upon reading the Petition and Appeal of Andrew Wight of (fn. 1) Ormistoun Linen Draper, and Margaret his Wife, late Margaret Shirriff, Charles Cuningham Minister of the Gospel at Tranent and Jean his Wife, late Jean Shirriff, and Charlotte Shirriff; which said Margaret, Jean, and Charlotte are Daughters and Executors of Charles Shirriff of Preston Pans Merchant deceased; complaining of Two Interlocutories of the Judge Admiral in Scotland, of the 5th of January and 8th of June 1739: and also of Three Interlocutories of the Lord Ordinary, of the 8th of July 1741, the 4th and 22d of December 1743; and likewise of Two Interlocutories of the Lords of Session, of the 5th and 19th of January last; and praying, "That the same may be reversed; and that Rachael Stewart may be required to answer the said Appeal:"

It is Ordered, That the said Rachael Stewart may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 8th Day of March next; and that Service of this Order on her Agents or Procurators in the Court of Admiralty and Court of Session in Scotland be deemed good Service.

Bassett's Pet. referred to Judges.

Upon reading the Petition of John Bassett Esquire, for and on the Behalf of John Montague Bassett, Francis Bassett, Elizabeth Eustachia Bassett, and Eleonora Bassett, his Sons and Daughters, who are all Infants, the Eldest whereof is under the Age of Seven Years; praying Leave to bring in a Bill, to empower Trustees to open an Iron Chest, or Box, mentioned in the Will of Nicholas Hooper late of Rawleigh in the County of Devon Esquire, deceased; containing, as the said Testator in his said Will declared, Treasure of Money, Jewels, and other Things of considerable Value; the Trustees therein named being unwilling to keep the said Chest in their Custody, till the Petitioner's Eldest Son, to whom it is first given, attains his Age of Twenty-one Years, (as is thereby directed); and to lay out the Money and Treasure that shall be found in the said Chest for the Benefit of the Petitioner's Children, as they shall be entitled thereto; and to preserve the Jewels, and other Things of Value, for their Use respectively:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Burnett and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Hanbury et al. Pet. referred to Judges.

Upon reading the Petition of William Hanbury Esquire and Sarah Hanbury his Wife, One of the Daughters and Heirs of the Body of William Western Esquire, deceased, who was only Son of Samuel Western Esquire, deceased, and of Richard Bateman Esquire; praying Leave to bring in a Bill, to enable the Petitioner Bateman to make a Lease of a Moiety of certain Quays, Wharfs, and other Estates, in the City of London, devised by the Will of William Western Esquire, deceased, and now vested in him, or to join with the Petitioner Hanbury in leasing the Whole, for any Term not exceeding Twenty-one Years, at the improved Rent, without taking Fines:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Abney and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.

Carmichael's Pet. referred to Judges.

Upon reading the Petition of Daniel Carmichael of Mauldesley; praying Leave to bring in a Bill, to enable Trustees to be named therein, to sell so much of certain Estates in Scotland, in the Petition mentioned, for the best Price that can be got for the same, as will discharge a Sum of Three Thousand Three Hundred Twenty-two Pounds, Fourteen Shillings, and Nine Pence, and Interest, wherewith the said Estate is burthened; and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

E. of Peterborow's Pet. referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow and Lady Frances and Lady Mary Mordaunt his Daughters, by the said Petitioner their Father, in respect of their Infancy and being under Age; praying Leave to bring in a Bill, to enable Trustees, to be named therein, to sell so much of several Estates in Scotland, in the Petition mentioned, for the best Price that can be got for the same, but not under a certain Rate limited, as shall be sufficient for satisfying the Debts affecting the said Estates, and to lay out the Surplus of the Money arising thereby in the Purchase of other Lands more conveniently situated, or on Real Security, as in the Petition is expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Sir H. J. Parker's Pet. referred to Judges.

Upon reading the Petition of Sir Henry John Parker Baronet, on the Behalf of himself and of Margaret and Anne Parker his Two Infant Daughters by Anne his late Wife, deceased; praying Leave to bring in a Bill, for Sale of a sufficient Part of an Estate in the Petition mentioned, of Simon Barwell Gentleman, deceased, in the Counties of Leicester and Northampton, for discharging the Debts and Encumbrances affecting the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Wright and Mr. Justice Dennison; with the usual Directions, according to the Standing Order.

L. Arch. Hamilton's Pet. for an original Appeal of the E. of Selkirk et al. to be dismissed.

A Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, was presented and read; praying, "That an original Appeal of John Earl of Selkirk and Ruglen, and of John Earl of Cassillis and his Countess, presented to the House the 20th of March last, may be either dismissed; or that the Appellants may forthwith proceed to the Hearing of the Cause at the same Time as is appointed for hearing the Petitioner's Cross Appeal, which now stands for Monday the 18th Instant."

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

And being withdrawn:

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

Beauchamp to take the Name of Proctor, Leave for a Bill.

Upon reading the Petition of William Beauchamp Proctor, heretofore called William Beauchamp; praying Leave to bring in a Bill, for confirming and establishing the Name of Proctor upon him and his Heirs, as and for his last Surname, pursuant to the Will of George Proctor:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Morin, Leave for a Nat. Bill.

Upon reading the Petition of Anthony Benjamin Morin; praying Leave to bring in a Bill for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, as desired.

M. of Annandale to take the Name of Vanden Bempde, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Vanden Bempde Marquis of Annandale to use the Surname and Arms of Vanden Bempde, pursuant to the Will of John Vanden Bempde Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Address for a State of the 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 31st of December 1743, and 31st of December 1744; 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 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.

Pate, to take the Name of Rose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing on John Pate Esquire, and his Issue Male, the Surname of Rose."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Ld. President.
Ld. Privy Seal.
L. Steward.
D. Argyll.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Berks.
E. Sandwich.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Oxford.
E. Rockingham.
E. Aylesford.
E. Graham.
V. Torrington.
L. Bp. Rochester.
L. B. Exeter.
L. B. Worcester.
L. B. Norwich.
L. B. St. Asaph.
L. B. St. Davids.
L. Willoughby Par.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Hay.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Hobart.
L. Monson.
L. Ilchester.
L. Fitzwilliam.
L. Sandys.

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

The King's Answer to the Address for the French King's Regulation, concerning Prizes and the Navigation of Neutral Ships.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Monday last, for a Copy of a Regulation relating to the Prizes made at Sea, and the Navigation of Neutral Ships during the War, signed by the French King, in the Camp before Fribourg; and that His Majesty was pleased to say, He would give Directions accordingly."

Craufurd to enter into Recognizance for the Countess of Ruglen et al.

The House being moved, "That Patrick Craufurd Esquire may be permitted to enter into a Recognizance for Anne Countess of Ruglen and her Son, on account of their Appeal depending in this House; they being in Scotland:"

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

and Johnson for Wright et al.

The like Motion and Order, for Claud Johnson of London Merchant to enter into a Recognizance for Andrew Wright and others, on account of their Appeal; for the same Reason.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Orinistoun.