House of Lords Journal Volume 29
February 1757, 11-20

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History of Parliament Trust

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1767-1830

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41-48

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'House of Lords Journal Volume 29: February 1757, 11-20', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 41-48. URL: http://british-history.ac.uk/report.aspx?compid=114420 Date accessed: 30 July 2014.


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February 1757, 11-20

DIE Veneris, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Roffen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cestrien.
Epus. Bangor.
Comes Cardigan.
Comes Cholmondeley.
Viscount Say & Sele.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Ward.
Ds. Romney.
Ds. Sandys.

PRAYERS.

Then, in order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 12o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Bangor.
Comes Warwick.
Comes Coventry.
Comes Marchmont.
Comes Buckingham.
Comes Cornwallis.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Sandys.

PRAYERS.

Thanks to Bp. 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 Yesterday, in the Abbey Church, Westm'r; and he is hereby desired to cause the same to be forthwith printed and published.

Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

To prohibit the Exportation of Corn from America, except to Great Britain, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscult, Starch, Beef, Pork, Bacon, and other Victual (except Fish and Roots, and Rice, to be exported to any Part of Europe Southward of Cape Finisterre) from His Majesty's Colonies and Plantations in America, unless to Great Britain or Ireland, or to some of the said Colonies and Plantations; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to allow the Exportation of Wheat, Barley, Oats, Meal, and Flour, from Great Britain to the Isle of Man, for the Use of the Inhabitants there."

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

It was Resolved in the Affirmative.

Terbury Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads, in and near to the Town of Tenbury, in the Counties of Salop, Worcester, and Hereford."

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

It was Resolved in the Affirmative.

Barton Stacy Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Award, for dividing and enclosing the Common Fields, Common Downs, Meadows, and Pastures, within the Manor of Barton Stacy, in the Parish of Barton Stacy, in the County of Southampton."

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

It was Resolved in the Affirmative.

Messages 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 Mr. Burroughs and Mr. Spicer:

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

E. Coventry & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable George William Earl of Coventry, and of the Honourable John Bulkley Coventry, Thomas Coventry Esquire, and Thomas Bury Esquire; praying Leave to bring in a Bill for Sale of certain Estates therein mentioned, in the Isle of Ely and County of Cambridge; and for laying out the Money arising thereby in the Purchase of other Estates, to be settled to the same Uses:

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 Bathurst; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Lady Arundell's Petition referred to Judges.

Upon reading the Petition of Mary Lady Arundell, Widow and Relict of Henry late Lord Arundell Baron of Wardour, deceased, as Guardian, and on the Behalf, of Henry now Lord Arundell and Thomas Arundell, her Two Sons by the said late Lord Arundell, who are both Infants; praying Leave to bring in a Bill to enable the Petitioner, and the Guardian or Guardians of her said Sons for the Time being, to make Leases for Lives, or Years determinable on Deaths, of the several Estates belonging to them respectively in Possession, during their respective Minorities, in such Manner as the late Lord Arundell was empowered to make under his Marriage Settlement:

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

Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting to His Majesty a Sum, not exceeding One Million Fifty Thousand and Five Pounds and Five Shillings, to be raised by Way of Lottery."

After some Time, the House was resumed.

And the Earl of Warwick 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 Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 14o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Duresm.
Epus. Roffen.
Epus. Oxon.
Epus. Wigorn.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Asaphen.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Bangor.
Dux Devon.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Macclesfield.
Comes Northumberland.
Comes Guilford.
Comes Hardwicke.
Viscount Folkestone.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Sandys.
Ds. Ravensworth.
Ds. Lyttelton.

PRAYERS.

Ld. Carbery against Wilson.

The Answer of Thomas Wilson Esquire, to the Appeal of George Lord Baron of Carbery, was brought in.

Bicester Common Fields, to enclose, Bill.

The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Township of Burchester, otherwise Burcester, otherwise Bisseter Market End, in the County of Oxford; and for extinguishing all Right of Common in certain Common Meadows, Common Pastures, and Enclosed Grounds, in the said Township," 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."

Ld. Irwin & al. Petition referred to Judges.

Upon reading the Petition of Henry Viscount Irwin, Son of Arthur late Viscount Irwin, deceased, and Ann Viscountess Irwin his Wife, and of George Ingram the Brother, and Charles Ingram the Nephew, of the said Henry Viscount Irwin; praying Leave to bring in a Bill, to enable the Petitioners to make such Settlements, upon the Marriage of the said Charles Ingram, as are therein 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 Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mounteney against Abbiss:

Upon reading the Petition of Elizabeth Mounteney, Defendant in a Writ of Error depending in this House, wherein James Abbiss is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that their Lordships would order a Non pros. of the said Writ of Error to be entered, with such Costs as to their Lordships should seem meet:"

Writ of Error Non pros'd.

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 by 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.

Molyneux & al. Petition referred to Judges.

Upon reading the Petition of Crispe Molineux Esquire and Katherine Molineux his Wife, and of George Montgomerie Esquire Father of the said Katherine Molineux; praying Leave to bring in a Bill, for establishing certain Articles of Agreement, in the Petition mentioned, and rendering the same effectual for the Purposes thereby intended:

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 Denison; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Lottery Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty a Sum, not exceeding One Million Fifty Thousand and Five Pounds and Five Shillings, to be raised by Way of Lottery."

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. Montague and Mr. Lane:

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

Jeffreys, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Jeffreys and others; 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 to enable Mary Jeffreys, the Wife of Jeffrey Jeffreys Esquire a Lunatick, and the Committee or Committees of his Estate for the Time being, to make Leases of the Parts and Shares of the said Mary Jeffreys, of divers Lands, Tenements, and Hereditaments, in the County of Devon, devised by the Will of Sir William Morice, deceased, during the Continuance of the said Lunatick's Interest therein."

Woodley against Cue & al.

After hearing Counsel in Part, in the Cause wherein Francis Woodley Gentleman is Appellant, and John Cue and others are Respondents:

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

Crie & al. against Smith & al.

Upon reading the Petition and Appeal of James Crie Esquire Provost, William Stewart Dean of Guild, Robert Robertson, James Beveridge, James Paton, and James Mathew, Baillies of the Borough of Perth, and other Members of the Town Council of Perth, for themselves, and as representing the other Inhabitants of the Borough; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 1st of February 1757, made on the Behalf of David Smith of Methven, Patrick Campbell of Monzie, and David Moncrieff of Craigie, Justices of the Peace for the County of Perth, and Three of the Trustees appointed by an Act of the 26th of His present Majesty's Reign, for repairing the Road from The North Queen's Ferry, through the Town of Inverkeithing and Kenross, to the Town of Perth; and praying, "That the same may be reversed or varied; and that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet:"

It is Ordered, That the said David Smith, Patrick Campbell, and David Moncrieff, for themselves and the other Trustees named in the said Act, 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 14th Day of March next; and Service of this Order upon their Procurators or Agents before the Court of Session in Scotland shall be deemed good Service.

Adjourn.

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

DIE Martis, 15o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Asaphen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestr.
Epus. Bristol.
Epus. Bangor.
Comes Gower, C. P. S.
Dux Somerset.
Dux Richmond.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Chandos.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Peterborow.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Morton.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Strafford.
Comes Dartmouth.
Comes Macclesfield.
Comes Harrington.
Comes Buckinghamshire.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Ds. Abergavenny.
Ds. (fn. 1) Dalawar.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cathcart.
Ds. Romney.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Vere.

PRAYERS.

Lady Gray & al. against Crie & al.

The Answer of James Crie Provost and others, for themselves, and as representing the Town Council and Community of the Borough of Perth, to the Appeal of Margaret Blair of Kinfauns Lady Gray, and John Lord Gray her Husband for his Interest, was brought in.

Bicester Common Field, to enclose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Township of Burchester, otherwise Burcester, otherwise Bisseter Market End, in the County of Oxford; and for extinguishing all Right of Common in certain Common Meadows, Common Pastures, and Enclosed Grounds, in the said Township."

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. Montague and Mr. Lane:

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

Vince's Guardian, Leave for a Bill.

Upon reading the Petition of George Jacques Clerk, as Guardian for and on the Behalf of [ (fn. 2) Henry Chivers Vince, an Infant, Son of] Henry Chivers Vince Esquire, deceased, by Mary his Wife, also deceased; praying Leave to bring in a Bill for Sale of the Real Estate late of Henry Chivers Vince, deceased, or a competent Part thereof, for raising Money to discharge Debts and Encumbrances, pursuant to a Decree of the Court of Chancery:

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being also in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Titles of that and the other Bills to be passed, as follow; videlicet,

Bills passed.

"1. An Act for granting to His Majesty a Sum, not exceeding One Million Fifty Thousand and Five Pounds and Five Shillings, to be raised by Way of Lottery."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act to discontinue, for a limited Time, the Duties upon Corn and Flour imported, and also upon such Corn, Grain, Meal, Bread, Biscuit, and Flour, as have been, or shall be, taken from the Enemy, and brought into this Kingdom."

"3. An Act to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, Bacon, and other Victual (except Fish and Roots, and Rice, to be exported to any Part of Europe Southward of Cape Finisterre) from His Majesty's Colonies and Plantations in America, unless to Great Britain or Ireland, or to some of the said Colonies and Plantations; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to allow the Exportation of Wheat, Barley, Oats, Meal, and Flour, from Great Britain to the Isle of Man, for the Use of the Inhabitants there."

"4. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"5. An Act for the speedy and effectual Recruiting His Majesty's Land Forces and Marines."

"6. An Act for repairing and widening several Roads leading to, through, and from, the Town of Frome in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of Warminster, in the County of Wilts, to the City of Bath, in the County of Somerset, and other Roads therein mentioned."

"7. An Act for amending, widening, and keeping in Repair, several Roads, in and near to the Town of Tenbury, in the Counties of Salop, Worcester, and Hereford."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words:

"Le Roy le veult."

"8. An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Greens, in the Manor and Parish of Prior's Hardwick, in the County of Warwick."

"9. An Act for confirming and establishing certain Articles of Agreement, and an Award, for dividing and enclosing the Common Fields, Common Downs, Meadows, and Pastures, within the Manor of Barton Stacy, in the Parish of Barton Stacy, in the County of Southampton."

"10. An Act for dividing and enclosing the Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Township of Burchester, otherwise Burcester, otherwise Bisseter Market End, in the County of Oxford; and for extinguishing all Right of Common in certain Common Meadows, Common Pastures, and Enclosed Grounds, in the said Township."

To these Bills the Royal Assent was pronounced, severally, in these Words; videlicet,

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Woodley against Cue & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Francis Woodley Esquire (which Appeal, upon the Death of Roger Bernard One of the Respondents, was, by Order of this House of the 4th of December last, revived against Roger Bernard his Son and Heir, and Infant); complaining of a Decree of the Court of Exchequer in Ireland, of the 28th Day of June 1755; and praying, "That the same might be reversed and set aside, and such other Relief given the Appellant, as the Nature, Circumstances, and Justice, of the Case might require:" As also upon the joint and several Answer of John Cue, and of the said Roger Bernard, deceased, Arthur Bernard, Lawrence McCarthy, John Dixon, Elizabeth Woodley, and William Johnson; and the Answer of the said Roger Bernard the Infant, by John Harper Esquire, his Guardian, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement reversed, with Directions:

It is Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the said Court of Exchequer in Ireland, complained of in the said Appeal, be, and the same is hereby, reversed: And it is hereby Declared, That the Lease in Question, dated the 26th of October 1715, ought to be deemed to have been duly surrendered; or, in case any Estate or Interest thereby granted is still subsisting, the Appellant, as the First Protestant Discoverer, is entitled to the Benefit thereof, by virtue of the former Decree, affirmed by this House the 11th of December 1753; and the Irish Act of Parliament of the 8th Year of Queen Anne: And it is therefore Ordered, That the Bill brought by the Respondent John Cue, in the said Court of Exchequer, do stand dismissed out of the said Court: And, upon the Cross Bill brought by the Appellant, it is Ordered, That the said Lease, dated the 26th of October 1715, be delivered up, by the Respondents, to the Appellant; and that a perpetual Injunction do issue out of the said Court, against the Respondents, to restrain them from proceeding at Law, in the Ejectment already brought, or in any other Action at Law, by Colour of the said Lease, and from setting up the same; and that the Appellant do hold and enjoy the Lands and Premises in Question, by virtue of the said Decree formerly affirmed by this House, and of this Judgement, according to all such Estate, Use, Trust, Interest, or Considence, which Felix McCarthy, or Lawrence McCarthy his Son, or Francis Woodley in Trust for them or either of them, had or should have had therein, provided the said Felix McCarthy or Lawrence McCarthy had been qualified to purchase, hold, or enjoy the same; subject nevertheless to such Rents, Covenants, Conditions, Reservations, and Encumbrances, as in the said Act are described: And it is hereby further Ordered, That the Respondents Arthur Bernard and John Cue do pay the Appellant his Costs both of the Original and Cross Causes in the said Court, and also his Costs of the Ejectment at Law, to be taxed by the Deputy Remembrancer of the said Court; and that the said Court do give all the proper Directions for carrying this Judgement into Execution.

Lady Gray against Crie & al.

The House being moved, "That Friday the 18th Day of March next may be appointed, for hearing the Cause wherein Margaret Blair Lady Gray and John Lord Gray her Husband are Appellants, and James Crie and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 18th Day of March next, as desired.

Adjourn.

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

DIE Veneris, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.

Epus. Duresm.
Epus. Roffen.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Meneven.
Epus. Bangor.
Dux Somerset.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Shaftesbury.
Comes Holdernesse.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Morton.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Ward.
Ds. Berkeley Str.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Vere.
Ds. Walpole.
Ds. Mansfield.
Ds. Hyde.

PRAYERS.

L. Walpole takes his Seat.

This Day Horatio Lord Walpole sat first in Parliament, after the Death of his Father Horatio Lord Walpole; 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.

D. Leeds & al. Pet. for a Bill to ascertain the Bounds the Manors of North Mims and Northaw.

Upon reading the Petition of the most Noble Thomas Duke of Leeds, Lord of the Manor of North Mims in the County of Hertford, and of John Leman Esquire, Lord of the Manor of Northaw in the same County; praying Leave to bring in a Bill, for ascertaining the Rights and Boundaries of the said Manors, agreeable to a Plan of the said Bounds, in such Manner as to this House shall seem meet:

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 Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Northwood, &c. Enclosure, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath; and Toft Green, in the Manor and Parish of Trentham, in the County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Gwynne & al. Petition referred to Judges.

Upon reading the Petition of Marmaduke Gwynne of Garth in the County of Brecon Esquire, and Howell Gwynne of the same Place Esquire his Eldest Son and Heir Apparent, and of Marmaduke Gwynne and Roderick Gwynne his Younger Sons, Sackville Gwynne Esquire and Luke Gwynne Clerk, Younger Brothers of the said Marmaduke Gwynne the Elder and Sarah his Wife; and also of Roderick Gwynne of Glanbrane in the County of Carmarthen Esquire; praying Leave to bring in a Bill, for vesting the Inheritance of certain Estates therein mentioned in Trustees, to be sold, for raising Money, to discharge Debts and Encumbrances:

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 Denison; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Tracy & Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Tracy Esquire and Mary Tracy his Wife, only Daughter and Heir of Sir William Dodwell late of Sevenhampton in the County of Gloucester Knight, deceased, for themselves and on the Behalf of Dodwell Tracy, their only Child, an Infant; praying Leave to bring in a Bill, for Sale of certain Estates in London, and in the Counties of Middlesex, Kent, Buckingham, and Somerset; and for settling another Estate, in the County of Gloucester, lately purchased by the Petitioner, in Lieu thereof; and for other Purposes therein 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. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Steavens's Pet. referred to Judges.

Upon reading the Petition of Thomas Steavens of Westminster in the County of Middlesex Esquire, only Son of Sir Thomas Steavens late of Bermondesey in the County of Surry Knight, deceased; praying Leave to bring in a Bill, for Sale of Estate devised by the Will of the said Sir Thomas Steavens; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the like Uses:

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

Davison's Petition referred to Judges.

Upon reading the Petition of Mary Davison, Widow and Relict of George Davison late of Little Mill in the County of Northumberland Gentleman, deceased, and Nicholas Brown of Bolton in the same County, Esquire, for and on the Behalf of Robert Davison a Lunatick, Eldest Son of the said George Davison by the said Mary Davison; praying Leave to bring in a Bill, for Sale or Mortgage of the Estate of the said Robert Davison the Lunatick, to discharge Encumbrances:

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 Clive; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Aynscombe & al. Petition referred to Judges.

Upon reading the Petition of Lillie Smith Aynscombe Esquire and Valentina his Wife, Grand - daughter and Heir at Law of Thomas Aynscombe Esquire, deceased, for and on the Behalf of themselves and Valentina and Mary their Two Infant Children, and also of Ann Smith Widow, the Mother of the said Lillie Smith Aynscombe; praying Leave to bring in a Bill, for Sale of certain Estates in the Petition mentioned; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the like Uses; and for other Purposes therein 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 Denison; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Jeffreys' Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Mary Jeffreys, the Wife of Jeffrey Jeffreys Esquire, a Lunatick, and the Committee or Committees of his Estate for the Time being, to make Leases of the Parts and Shares of the said Mary Jeffreys, of divers Lands, Tenements, and Hereditaments, in the County of Devon, devised by the Will of Sir William Morice, deceased, during the Continuance of the said Lunatick's Interest therein."

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

D. Somerset.
D. Leeds.
D. Bedford.
D. Devonshire.
D. Argyll.
D. Portland.
D. Manchester.
D. Chandos.
D. Dorset.
E. Huntingdon.
E. Lincoln.
E. Warwick.
E. Denbigh.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Breadalbane.
E. Aberdeen.
E. Marchmont.
E. Halifax.
E. Pomfret.
E. Northumberland.
E. Temple.
E. Cornwallis.
V. Falmouth.
V. Folkestone.
L. Bp. Durham.
L. B. Rochester.
L. B. Sarum.
L. B. Bath & Wells.
L. B. Lincoln.
L. B. Exeter.
L. B. Carlisle.
L. B. St. Asaph.
L. B. Litch. & Cov.
L. Delawar.
L. Willoughby Par.
L. Foley.
L. Bathurst.
L. Onslow.
L. Edgecumbe.
L. Fortescue.
L. Ravensworth.

Their Lordships, or any Five of them; to meet on Monday the 7th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Montgomerle, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Lilias Montgomerie and others; 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 to enable Lilias Montgomerie of Skelmorly to sell Lands in the County of Renfrew; and to lay out the Money arising thereby in the Purchase of Lands, contiguous to other Lands of the said Lilias Montgomerie, in the County of Air; and for other Purposes therein mentioned."

Message from His Majesty, concerning an Army of Observation, and fulfilling Engagements with the King of Prussia:

The Earl of Holdernesse acquainted the House, That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Speaker; and is as follows:

"GEORGE R.

"His Majesty received with the greatest Satisfaction the Assurances given Him by this House, at the Beginning of the Session, of the just Sense they have of the dangerous Situation of Affairs, arising from the united Councils and formidable Preparations of France and her Allies, which threaten with the most alarming Consequences Europe in general: And as these most unjust and vindictive Designs are particularly and immediately bent against His Majesty's Electoral Dominions, and those of His good Ally the King of Prussia, His Majesty confides in the experienced Zeal and Affection of the House of Lords, that they will most readily assist Him in forming an Army of Observation, for the just and necessary Defence and Preservation thereof; and chearfully support His Majesty in fulfilling His Engagements with the King of Prussia, for the Security of the Empire against the Irruption of Foreign Armies, and for the Maintenance of the common Cause.

"G. R."

The Message to be considered.

Ordered, That His Majesty's said most Gracious Message be taken into Consideration on Monday next; and the Lords to be summoned.

Causes put off.

Ordered, That the Cause upon the Appeals of the Countess of Kildare and others, and of the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents, which stands for Hearing on Monday next, be put off to Thursday; and that the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Forbes Esquire is Respondent, which stands appointed for Wednesday, be put off to Friday; and the other Causes removed in Course.

Hearle's Pet. referred to Judges.

Upon reading the Petition of Mary Hearle of Penryn in the County of Cornwall Widow, Thomas Hearle of Saint Michael Penkivell Clerk, and John Rogers of Helstone in the County of Cornwall Esquire, Testamentary Guardians of Margaret Hearle, Jane Hearle, Betty Hearle, and Harriet Hearle, Spinsters, Infants under the Age of Twenty-one Years, for and on Behalf of the said Mary, and of the said Infants her Children; praying Leave to bring in a Bill, to enable the Guardians of the said Infants for the Time being to grant and fill up Leases of their Estates, and to grant Setts and Leases of the Mines therein; and for other Purposes therein mentioned:

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

Durade, Leave for a Nat. Bill:

Upon reading the Petition of John Durade; praying, "That Leave may be given 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.

Whereupon the Earl of Warwick presented a Bill, intituled, "An Act for naturalizing John Durade.

Bill read.

And the same was read the First Time.

Buckworth against Phelan:

The House being informed, "That George Canon attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein John Buckworth Esquire is Appellant, and Barnaby Phelan is Respondent:"

Pleadings proved.

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

And then he withdrew.

Fysher's Petition referred to Judges.

Upon reading the Petition of Francis Fysher Esquire and Jane his Wife, and Frances Fysher and Jane Fysher Spinsters, on Behalf of themselves and of the said Francis Fysher and Jane his Wife, for and on the Behalf of Octavia Fysher Spinster, their Youngest Daughter, an Infant; praying Leave to bring in a Bill, to confirm the Title of William Welby to the Manor or Grange of Earlsfield, in the County of Lincoln, purchased by and conveyed to Mary Welby Widow, his Mother; and for freeing and disengaging the other Estates of the Petitioner Francis Fysher, in the said County of Lincoln, from the collateral Securities given to the said Mary and William Welby respectively; and for other Purposes therein mentioned:

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

Adjourn.

Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Desunt in Originali; vide postea, p. 69, b. 72. a &c.