House of Lords Journal Volume 29
February 1759, 21-28

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History of Parliament Trust

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1767-1830

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427-431

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'House of Lords Journal Volume 29: February 1759, 21-28', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 427-431. URL: http://british-history.ac.uk/report.aspx?compid=114460 Date accessed: 23 October 2014.


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February 1759, 21-28

DIE Mercurii, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Argyll.
Dux Bridgewater.
Comes Stamford.
Comes Winchilsea.
Comes Plimouth.
Comes Morton.
Comes Aberdeen.
Comes Marchmont.
Viscount Say & Sele.

PRAYERS.

Sir Walter Bagot, Leave to present a Petition for a Private Bill:

Upon reading the Petition of John Dighton of Linclon's Inn Gentleman, Solicitor for and on the Behalf of Sir Walter Wagstaffe Bagot Baronet, William Bagot, Charles Chester, Walter Bagot, Richard Bagot, Lewis Bagot, and Thomas Bagot, Esquires; setting forth, "That the said Sir Walter Wagstaffe Bagot intended to apply to Parliament, for Leave to bring in a Bill, for repealing an Act made in the last Session of Parliament, for carrying an Agreement into Execution in Manner therein mentioned; but that, being at his Seat in Staffordshire, was not able to obtain the Advice and Assistance of his Counsel until after the Time limited by Order of this House for presenting Petitions for Private Bills;" and praying, "In regard it may be of the utmost ill Consequence to Sir Walter and his Family, in case an Act should not be obtained in this Session of Parliament, that Leave may be given to present the said Petition, for Leave to bring in a Bill for the Purposes therein mentioned:"

It is Ordered, That Leave be given for presenting the said Petition, as desired.

Petition referred to Judges.

Upon reading the Petition of Sir Walter Wagstaffe Bagot Baronet, on Behalf of himself, and of Lewis Bagot and Thomas Bagot his Infant Sons; and also of William Bagot Esquire, Eldest Son and Heir Apparent of the said Sir Walter Wagstaffe Bagot, Charles Chester, Walter Bagot, and Richard Bagot, Younger Sons of the said Sir Walter Wagstaffe Bagot; praying Leave to bring in a Bill, for repealing an Act passed in the last Session of Parliament, and carrying the Agreement therein mentioned into Execution, according to the true Intent and Meaning of the Petitioners:

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.

Caryll et Ux. Leave to present a Petition for a Private Bill:

Upon reading the Petition of William Michael Lally, for and on the Behalf of John Caryll Esquire and Dorothy his Wife; setting forth, "That the said John Caryll and Dorothy his Wife proposed to present a Petition to this House, for Leave to bring in a Bill for Sale of Part of their settled Estates, to discharge an Encumbrance thereupon; and that, by a Decree obtained by Mary the Widow of the late General Whetham in the Court of Chancery, for One of the Masters of the said Court to take an Accompt of the Money due to the said Mary Whetham, on the Securities affecting the said Estates, and for Payment of what should be coming on the said Accompt, or, in Default of Payment, for a Foreclosure of the said Estates comprized in the said Securities; which Demand was proposed to be discharged by Sale of Part of the said settled Estates, if an Act could be obtained for that Purpose; but that the Petitioners were advised, that such Demand ought to be ascertained by the said Master's Report, and the Amount thereof set forth in their Petition for Leave to bring in such Bill;" and praying, "In regard they were not able to obtain the said Master's Report till the 13th Instant, which was after the Time limited by their Lordships Order for presenting Petitions for Private Bills, that Leave may be given for presenting the said Petition, although the Time limited by their Lordships Order is expired:"

It is Ordered, That Leave be given for presenting the said Petition, as desired.

Petition referred to Judges.

Upon reading the Petition of John Caryll Esquire and the Honourable Dorothy Caryll his Wife; praying Leave to bring in a Bill, for Sale of Part of the settled Estates of the Petitioners, in order to discharge an Encumbrance thereupon:

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 Wilmot; 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.

Preston upon Stower Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow and Pasture, and Waste Grounds, in the Parish of Preston upon Stower, in the County of Gloucester."

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

D. Somerset.
D. Argyll.
D. Bridgewater.
E. Stamford.
E. Winchilsea.
E. Plimouth.
E. Morton.
E. Aberdeen.
E. Marchmont.
E. Egremont.
E. Guilford.
E. Cornwallis.
Vis. Say & Sele.
L. Bp. Durham.
L. Bp. Ely.
L. Bp. Carlisle.
L. Bp. Litch. & Cov.
L. Bp. Peterborough.
L. Bp. Bristol.
L. Willoughby Par.
L. Clifton.
L. Delamer.
L. Hay.
L. Bathurst.
L. Sandys.
L. Ravensworth.
L. Lyttelton.

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

H. King against Sir Ed. King.

A Petition of Henry King Esquire, Appellant in a Cause depending in this House, wherein Sir Edward King Baronet is Respondent, was presented, and read; setting forth, "That the said Cause was, upon the Respondent's Application on the 9th Instant, appointed to be heard on Wednesday the 28th of this Month, which Order was not served on the Petitioner's Agent till Wednesday the 14th Instant; that the Pleadings in the said Cause are of an uncommon Length; and that the Petitioner, who is now resident in Ireland, has not had sufficient Opportunity to order the necessary Papers and Instructions to his Agent, to enable him to bring the Cause properly to a Hearing before their Lordships; nor will the Interval between the Service of the Order for Hearing and the Time appointed for the said Hearing, as it now stands, admit of supplying his Agent with the necessary Requisites in due Time, without their Lordships Indulgence of a short Respite to the Hearing thereof;" and therefore praying, "That the said Hearing may be put off till Monday the 2d Day of April next, or to such other convenient Time as their Lordships shall please to appoint."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Monday the 2d Day of April next, as desired.

Peckham to take the Name of Fowle, Bill.

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

With a Bill, intituled, "An Act to enable Thomas Peckham Esquire, and his Issue, to take and use the Surname of Fowle;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sinclair et al. against E. of Breadalbane.

After hearing Counsel in Part, in the Cause wherein Francis Sinclair and His Majesty's Advocate are Appellants, and John Earl of Breadalbane and others are Respondents:

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

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Cicestrien.
Epus. Bangor.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Argyll.
Comes Winchilsea.
Comes Aberdeen.
Comes Marchmont.
Comes Aylesford.
Comes Buckingham.
Comes Cornwallis.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Delamer.
Ds. Hay.
Ds. Foley.
Ds. Sandys.

PRAYERS.

Givan against Simpson.

The Answer of Agnes Simpson Widow, to the Appeal of Alexander Givan, was brought in.

E. Temple takes the Oaths.

Richard Earl Temple Lord Privy Seal took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Schombart & al. Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Caspar Schombart, John Spitta, Gysbert Van Voorst, Frederick de Chevrigny, Conrad Harksen, Christopher Strothoff, and Jasper Lawrence Richter;" 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."

Pecholier & al. Nat. Bill.

Thomas Pecholier, Peter Harisson, and Samuel Bernard Graff, took the Oaths appointed, in order to their Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Thomas Pecholier, Peter Harisson, and Samuel Bernard Graff."

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

Ld. Privy Seal.
Ld. Chamberlain.
D. Argyll.
E. Winchilsea.
E. Aberdeen.
E. Marchmont.
E. Aylesford.
E. Buckingham.
E. Cornwallis.
E. Hardwicke.
L. Bp. Durham.
L. Bp. Ely.
L. Bp. (fn. 1) Chicester.
L. Bp. Bangor.
L. Bp. Peterborough.
L. Willoughby Par.
L. Clifton.
L. Delamer.
L. Hay.
L. Foley.
L. Sandys.

Their Lordships, or any Five of them; to meet on Thursday the 1st 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.

Peckham to take the Name of Fowle, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Thomas Peckham Esquire and his Issue to take and use the Surname of Fowle."

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.

Lostus Hume against Rochford; Appeal withdrawn.

Upon reading the Petition of Nicholas Loftus Hume, an Infant, by Nicholas Loftus Esquire, his Father and Guardian, and of the said Nicholas Loftus; setting forth, "That, on the 19th of December last, the Petitioners presented their Appeal to this House, complaining of an Order made by the Lord Chancellor of Ireland, the 5th of June 1758, awarding a Commission to inquire whether the Petitioner Nicholas Loftus Hume was an Idiot, or a Person of unsound Mind; and of Two subsequent Orders, of the 18th and 25th of November last; and praying, that the same may be reversed and set aside: That, on the 15th of this Instant February, their Lordships, after declaring, that no Appeal to this House lies against an Order, awarding a Commission of Idiocy or Lunacy by the Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal, were pleased to appoint Monday next, to take into Consideration, whether the said Appeal is properly brought as to the other Matters therein contained, or any of them, and to hear the Appellants and Respondents, by One Counsel of a Side, to that Point, as also His Majesty's Attorney General thereupon, if he shall think fit: That the Petitioners are advised, by their Counsel, to withdraw their said Appeal;" and therefore praying, "That they may be at Liberty to withdraw their said Appeal, or that this House would be pleased to make such Order therein as to their Lordships shall seem meet:"

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

Sinclair & al. against E. of Breadalbane:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Francis Sinclair, Brother German of Alexander Earl of Caithness, and of His Majesty's Advocate for Scotland; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 20th of February 1750/1; and of an Interlocutor of the Lords of Session, of the 22d of November 1751, adhering thereto; and praying, "That the same might be reversed or varied, and that the Appellants might have such Relief in the Premises as to this House should seem meet:" As also upon the Answer of John Earl of Breadalbane, Sir William Dunbar of Hempriggs Baronet, Sir William Sinclair of Dunbeath Baronet, and George Sinclair of Ulbster, 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.

Causes removed.

Ordered, That the Cause which stands appointed for To-morrow be put off till Monday next; and that the Cause wherein the Lord Charles Cavendish is Appellant, and Sir James Lowther Baronet is Respondent, which is appointed for Wednesday next, be put off to the Monday following; and the other Causes removed in Course.

Adjourn.

Ds. Custos Magni Sigilli 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.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
Comes Stamford.
Comes Winchilsea.
Comes Marchmont.
Comes Bath.
Comes Gower.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. (fn. 2) Hay.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Mansfield and other Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the High Road leading from the Town of Mansfield in the County of Nottingham, through the Towns of Pleasley, Glapwell, Heath, and Normenton, and the Liberty of Hasland, to the Turnpike Road leading from the Town of Derby to the Town of Chesterfield, in the County of Derby;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Southwark Small Debts, Act to extend, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act passed in the Twentysecond Year of His present Majesty's Reign, intituled, An Act for the more easy and speedy Recovery of Small Debts, within the Town and Borough of Southwark, and the several Parishes of Saint Saviour, Saint Mary at Newington, Saint Mary Magdalen Bermondsey, Christ Church, Saint Mary Lambeth, and Saint Mary at Rotherhith, in the County of Surrey, and the several Precincts and Liberties of the same; and for extending the Powers and Provisions of the said Act to such Part of the Eastern Half of the Hundred of Brixton, in the said County, as is not included in the said Act," 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."

Schombart & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Caspar Schombart, John Spitta, Gysbert Van Voorst, Frederick de Chevrigny, Conrad Harksen, Christopher Strothoff, and Jasper Lawrence Richter."

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. Bennet and Mr. Elde:

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

Anderson's Petition, to put off the Hearing of his Cause, rejected.

A Petition of Robert Anderson, Appellant in a Cause depending in this House, which stands appointed to be heard this Day, was presented, and read; setting forth, "That, on the 9th of this Instant February, upon the Application of the Respondent, this Cause was set down to be heard in Course, after the Causes then appointed, without any Notice thereof given to the Petitioner's Agent; and that, from the Length of the Proceedings in the said Cause, and the short Time allowed the Petitioner's Agent, it became impossible to prepare his Case, and instruct his Counsel, so as to be ready for the said Hearing at the Time appointed; and therefore praying, "That their Lordships would be pleased to postpone the said Hearing for a Month, or such further or other Time as to their Lordships shall seem meet."

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

And being withdrawn:

Ordered, That the said Petition be rejected.

Molyneux, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of the Honourable Maria Molyneux Widow 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 for transferring to the Guardians of Charles William Molyneux, an Infant, a certain Power of Leasing, contained in the Marriage Settlement of Richard late Lord Viscount Molyneux, deceased, during the Minority, and for the Benefit, of the said Infant."

Barry & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of James Barry Esquire 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 for vesting the Manor of Duxford, and divers Lands and Hereditaments, in the County of Cambridge, Part of the settled Estate of James Barry Esquire and Elizabeth his Wife, in Trustees, to be conveyed to Richard Crop Esquire, pursuant to Articles, and for settling other Estates in the County of York, of greater Value, in Lieu thereof, to the Uses of their Marriage Settlement."

Anderson against Anderson:

This Day being appointed, for hearing the Cause upon the Appeal of Robert Anderson Mason in Beith; complaining of several Interlocutors of the Lords of Session in Scotland, of the 4th of December 1755, the 29th of June, 12th of July, and 10th of August, 1757; and praying, "That the same might be reversed or varied;" to which Appeal James Anderson is Respondent:

Counsel appearing for the said Respondent; but none appearing for the Appellant:

And the Respondent's Counsel having prayed an Affirmance of the several Interlocutors complained of, with Costs:

The Counsel were directed to withdraw:

Interlocutors affirmed, with Costs.

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: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Twenty Pounds, for his Costs in respect of the said Appeal.

Committees adjourned.

Ordered, That the Sittings of the Committee upon the Bill, intituled, "An Act for dividing and enclosing the Open, Arable, Meadow, Pasture, and Waste Grounds, in the Parish of Preston upon Stower, in the County of Gloucester;" and upon the Bill, intituled, "An Act to enable Thomas Peckham Esquire and his Issue to take and use the Surname of Fowle," which are appointed for To-morrow, be adjourned till Monday next.

Adjourn.

Ds. Custos Magni Sigilli 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 Sic.
2 Bis in Originali.