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.