House of Lords Journal Volume 29
February 1760, 21-28

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History of Parliament Trust

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1767-1830

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587-594

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'House of Lords Journal Volume 29: February 1760, 21-28', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 587-594. URL: http://british-history.ac.uk/report.aspx?compid=114479 Date accessed: 16 April 2014. Add to my bookshelf


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February 1760, 21-28

DIE Veneris, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Duresm.
Epus. Eliens.
Epus. Lincoln.
Epus. Carliol.
Epus. Sarum.
Epus. (fn. 1) Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Cicestrien.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
Dux Grafton.
Comes Huntingdon.
Comes Westmorland.
Comes Holdernesse.
Comes Rochford.
Comes Marchmont.
Comes Bath.
Comes Gower.
Comes Powis.
Comes Northumberland.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Comes Fauconberg.
Viscount Say & Sele.
Ds. Delawar.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Foley.
Ds. Bathurst.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.

PRAYERS.

Bp. Gloucester takes the Oaths.

This Day William Lord Bishop of Gloucester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Coopey to take the Name of Brent, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Coopey Doctor of Physick, and Humphry Brent Coopey his Brother, and their Issue Male respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent, late of The Middle Temple, London, Esquire," 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.

Hammett to take the Name of Hamlyn, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable James Hammett Esquire and his Issue to take and use the Surname of Hamlyn only."

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

Ld. Chamberlain.
D. Somerset.
D. Grafton.
E. Huntingdon.
E. Westmorland.
E. Rochford.
E. Marchmont.
E. Bath.
E. Gower.
E. Powis.
E. Northumberland.
E. Guilford.
E. Cornwallis.
E. Fauconberg.
V. Say & Sele.
Ld. Abp. York.
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
Ld. Wentworth.
L. Willoughby Par.
L. Foley.
L. Sandys.

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

Catton, &c. Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, Commons, or Wastes, and Common Grounds, within the Manor and Soke of Catton, in the County of York."

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

Their Lordships, or any Five of them; to meet on Monday the 3d Day of March next, at the usual Time and Place; and to adjourn as they please.

Trapaud & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Peter Trapaud, Nicholas Battier, Christopher Battier, John Ralph Battier, Abel Mitz, Peter Aubertin, John William Smith, Gabriel Anthony Ernst, Frederick Nicolas Graff, Emanuel Philip Bize, and David Samuel Henry Duveluz."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Bp. of Rochester to preach on the Fastday.

Ordered, That the Lord Bishop of Rochester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the 14th Day of March next, being the Day appointed by His Majesty's Royal Proclamation to be observed as a General Fast.

Trotter against Magistrates of Edinburgh.

Upon reading the Petition and Appeal of Henry Trotter of Mortonhall Esquire and Thomas Trotter Merchant in Edinburgh, his Factor; complaining of an Interlocutor of the Sheriff Depute of the County of Edinburgh, of the 18th Day of January 1760; and of an Interlocutor of the Lords of Session, of the 12th Day of this Instant February; and praying, "That the same may be reversed, varied, or amended; or that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem just; and that the Magistrates and Town Council of Edinburgh, for the Time being, may be required to answer the said Appeal:"

It is Ordered, That the said Magistrates and Town Council of Edinburgh may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Friday the 21st Day of March next; and Service of this Order upon their Procurators or Agents in the Court of Session in Scotland shall be deemed good Service.

Derby Roads, former Acts to amend, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Mackworth, in the County of Derby;" to which they desire the Concurrence of this House.

Mackworth Enclosure, Bill.

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

With a Bill, intituled, "An Act to amend and render more effectual Two Acts, passed in the Eleventh and Seventeenth Years of the Reign of His present Majesty, for repairing several Roads leading to and from the Town of Derby, in the County of Derby;" to which they desire the Concurrence of this House.

Governors of Dr. Stephens's Hospital against Swan & al.

The House being moved, "That Wednesday the 26th Day of March next may be appointed, for hearing the Cause wherein the Governors of Doctor Stephens's Hospital in Dublin and others are Appellants, and Daniel Swan Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 26th Day of March next, as desired.

Edwards against Carroll.

The House being moved, "That Friday the 28th Day of March next may be appointed, for hearing the Cause wherein Eleazer Edwards Esquire is Appellant, and James Griffith Carroll Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 28th Day of March next, as desired.

Hawtry against Daniel.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Reverend Ralph Hawtry Clerk is Appellant, and Cassandra Daniel Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after the Recess at Easter.

Fagge & al. Leave to petition for a Private Bill:

Upon reading the Petition of John Meres Fagge Esquire, and Sir John Peachy Baronet and Elizabeth his Wife; setting forth, "That the Petitioners have entered into an Agreement with Sir William Peere Williams Baronet, for Sale of certain settled Estates therein mentioned; and to apply for, and endeavour to obtain, an Act of Parliament for that Purpose;" and praying, "In regard such Agreement was not entered into till the 8th of this Instant February, which was after the Time limited by their Lordships for receiving Petitions for Private Bills, and that the passing such Act of Parliament, conformable to the said Agreement, will be of great Consequence to the Petitioners; that their Lordships would be pleased to give Leave to the Petitioners to present their Petition for Leave to bring in a Bill, for the Purpose aforesaid:"

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

Petition referred to Judges.

Upon reading the Petition of John Meres Fagge Esquire, and Sir John Peachy Baronet and Eliz'th his Wife; praying Leave to bring in a Bill, for Sale of certain settled Estates, in Kingston, Bowey, Southwicke, and Shoreham, in the County of Sussex; and for settling other Estates, in the County of Kent, of greater Value, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred (fn. 2) to Mr. Baron Smythe 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.

Urquhart to enter into a Recognizance on Trotter's Appeal.

The House being moved, "That Mr. George Urquhart may be permitted to enter into a Recognizance for Thomas Trotter and Henry Trotter, on account of their Appeal, depending in this House; they living in Scotland:"

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

Richardson against Chapman.

After hearing Counsel in Part, in the Cause wherein William Richardson Doctor in Divinity is Appellant, and John Chapman Doctor in Divinity and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Counsel be called in at One o'Clock; and that the Cause which stands for Monday be put off till Wednesday next.

Sulgrave Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties, of Sulgrave, in the County of Northampton."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum coninuandum esse usque ad & in diem Lunæ, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Sarum.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Cicestrien.
Epus. Oxon.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Newcastle.
Dux Bridgewater.
Comes Westmorland.
Comes Shaftesbury.
Comes Rochford.
Comes Marchmont.
Comes Hyndford.
Comes Bath.
Comes Gower.
Comes Northumberland.
Comes Harcourt.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Darlington.
Comes Fauconberg.
Viscount Folkestone.
Ds. Abergavenny.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Foley.
Ds. Ducie.
Ds. Talbot.
Ds. Sandys.
Ds. Ravensworth.
Ds. Vere.
Ds. Mansfield.

PRAYERS.

Coopy to take the Name of Brent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Coopey Doctor of Physick, and Humphry Brent Coopey his Brother, and their Issue Male, respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent, late of The Middle Temple, London, Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Bennett and Mr. Edwards:

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

Derby Roads, former Acts to amend, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to amend and render more effectual Two Acts, passed in the Eleventh and Seventeenth Years of the Reign of His present Majesty, for repairing several Roads leading to and from the Town of Derby, in the County of Derby."

Mackworth Enclosure, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Mackworth, in the County of Derby."

Richardson against Chapman.

After hearing Counsel further, in the Cause wherein William Richardson Doctor in Divinity is Appellant, and John Chapman Doctor in Divinity and others are Respondents:

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Duresm.
Epus. Eliens.
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Carliol.
Epus. Sarum.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Oxford.
Epus. Petriburg.
Epus. Bristol.
Epus. Glocestr.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Somerset.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
Comes Huntingdon.
Comes Westmorland.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Rochford.
Comes Breadalbane.
Comes Marchmont.
Comes Strafford.
Comes Cowper.
Comes Bath.
Comes Gower.
Comes Hertford.
Comes Hardwicke.
Comes Darlington.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Mansfield.

PRAYERS.

Hoby Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Thomas Palmer and others:

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

Stoffolds to take the Name of Austen, Bill.

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

With a Bill, intituled, "An Act to enable Henry Stoffold and Robert Stoffold Gentlemen, now called Henry Austen and Robert Austen, and their Heirs, to take and use the Surname and Arms of Austen, instead of their own Surname and Arms, pursuant to the Will of Robert Austen Esquire, deceased;" to which they desire the Concurrence of this House.

Marston St. Lawrence Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Field, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in Marston Saint Lawrence, in the County of Northampton;" to which they desire the Concurrence of this House.

Lutcham Enclosure, Bill.

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

With a Bill, intituled, "An act for dividing and enclosing the Common Fields within the Parish of Lutcham, alias Litcham, in the County of Norfolk; and for extinguishing the Rights of Common or Shackage in the said Common Fields and certain other Lands in the said Parish, called Half Year Closes;" to which they desire the Concurrence of this House.

Foley & al. Leave for a Bill, to settle Thomas's Estates:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Doctor Robert Foley, sole Executor of the Will of James Thomas Esquire, deceased, and others; praying Leave to bring in a Private Bill:

It is Ordered, That the 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 settling the Real Estates of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose."

Lethieullier, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Smart Lethieullier 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 selling Part of the settled Estate of Smart Lethieullier Esquire, in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement."

Mackworth Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Meadows, Pastures, and Waste Grounds, in the Parish of Mackworth, in the County of Derby."

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

Ld. Privy Seal.
E. Huntingdon.
E. Shaftesbury.
E. Litchfield.
E. Breadalbane.
E. Marchmont.
E. Bath.
E. Gower.
E. Hertford.
E. Hardwicke.
E. Darlington.
E. Fauconberg.
L. Abp. Canterbury.
L. Bp. Durham.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Willoughby Par.
L. Ducie.
L. Sandys.
L. Ravensworth.

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.

Derby Roads, former Acts to amend, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to amend and render more effectual Two Acts, passed, in the Eleventh and Seventeenth Years of the Reign of His present Majesty, for repairing several Roads leading to and from the Town of Derby, in the County of Derby."

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.

E. Ferrers desires a person may be admitted to him in private; as his Solicitor.

The Earl Cornwallis, Constable of His Majesty's Tower of London, acquainted the House, "That Law rence Earl Ferrers, Prisoner in the said Tower, had made Application to him, that Mr. Richard Bond Attorney at Law might be admitted to see him alone, and in private, as he intends to make use of the said Richard Bond as his Solicitor, in preparing for his future Trial."

Richardson against Chapman & al:

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of William Richardson Doctor in Divinity; complaining of an Order of Dismission of the Court of Chancery, of the 21st of November 1759; and praying, "That the same might be reversed, and that the Appellant might have such other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of John Chapman Doctor in Divinity, and the Answer of Samuel Venner Clerk, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:"

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order of Dismission as is complained of by the said Appeal be, and the same is hereby, reversed: And it is hereby Ordered, That the Presentation made by the Respondent Doctor Chapman; of the Respondent Venner to the Precentorship in Question, be set aside; and that the same be delivered up, by such of the Parties in whose Custody or Power it is, to the Appellant, to be canceled; and that the Injunction to stay the Admission of the said Respondent Venner to the said Precentorship be made perpetual; and that the said Respondent Doctor Chapman do, in due Form, forthwith present the Appellant to the Lord Bishop of Lincoln, to be admitted to the said Precentorship: And it is hereby further Ordered, That the said Respondent Doctor Chapman do pay to the Appellant the Costs of this Suit in the Court of Chancery, to be taxed by a Master of the said Court: And it is also Ordered, That the said Court of Chancery do give all necessary and proper Directions for carrying this Judgement into Execution.

Ellis against Seagrave & al.

Ordered, That the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Seagrave Respondent, et è contra, which stands appointed for To-morrow, be put off to Friday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestrien.
Epus. Petriburg.
Epus. Glocestr.
Ds. Custos Magni Sigilli.
Dux Bridgewater.
Comes Northampton.
Comes Aberdeen.
Comes Marchmont.
Comes Cowper.
Comes Gower.
Comes Buckingham.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ducie.
Ds. Sandys.

PRAYERS.

Mure against Campbell and Graham.

The Answer of Daniel Campbell and William Graham Esquire, to the Appeal of William Mure of Caldwell Esquire, was brought in.

Sulgrave Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, or Liberties, of Sulgrave, in the County of Northampton," 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."

Hammett to take the Name of Hamlyn, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable James Hammett Esquire and his Issue to take and use the Surname of Hanilyn only," 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."

Marston St. Lawrence Enclosure, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in Marston Saint Lawrence, in the County of Northampton."

Hoby Enclosure, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields in the Parish of Hoby, in the County of Leicester."

Lutcham Common Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields within the Parish of Lutcham, alias Litcham, in the County of Norfolk; and for extinguishing the Rights of Common or Shackage in the said Common Fields, and certain other Lands in the said Parish, called Half Year Closes."

Stoffolds to take the Name of Austen, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable Henry Stoffold and Robert Stoffold Gentlemen, now called Henry Austen and Robert Austen, and their Heirs, to take and use the Surname and Arms of Austen, instead of their own Surname and Arms, pursuant to the Will of Robert Austen Esquire, deceased."

Somerby Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields of Somerby, in the County of Leicester, and all the Lands and Grounds within the same Fields;" to which they desire the Concurrence of this House.

Barford Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Waste Grounds, and Commonable Lands, in the Parish of Barford, in the County of (fn. 3) Warwick;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Respondents peremptorily to answer the Appeal of Fulton & al.

The House was informed, "That John Murray of Broughton, Respondent to the Appeal of Robert Fulton and others, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of John Gray Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Salmon Fishery in the Water of Nyth, former Act to repeal, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for repealing an Act of the Parliament of Scotland, made in the Year One Thousand Six Hundred and Eighty-one, intituled, Act anent the Salmon Fishing in the Water of Nyth," stands committed, be revived; and meet on Monday next.

Adjourn.

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

DIE Jovis, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Lincoln.
Epus. Asaphen.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Argyll.
Dux Bridgewater.
Comes Northampton.
Comes Winchilsea.
Comes Holdernesse.
Comes Rochford.
Comes Aberdeen.
Comes Marchmont.
Comes Buckingham.
Comes Hertford.
Comes Cornwallis.
Comes Fauconberg.
Comes Ilchester.
Viscount Weymouth.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Ward.
Ds. Foley.
Ds. Sandys.

PRAYERS.

Somerby Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields of Somerby, in the County of Leicester, and all the Lands and Grounds within the same Fields."

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

Ld. Chamberlain.
D. Argyll.
D. Bridgewater.
E. Northampton.
E. Winchilsea.
E. Holdernesse.
E. Rochford.
E. Aberdeen.
E. Marchmont.
E. Hertford.
E. Fauconberg.
E. Ilchester.
V. Weymouth.
L. B. Lincoln.
L. B. St. Asaph.
L. B. Peterborough.
L. Abergavenny.
L. Willoughby Par.
L. Foley.
L. Sandys.

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

Lutcham Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields within the Parish of Lutcham, alias Litcham, in the County of Norfolk; and for extinguishing the Rights of Common or Shackage in the said Common Fields, and certain other Lands in the said Parish, called Half Year Closes."

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

Their Lordships, or any Five of them; to meet To-morrow Sevennight, at the usual Time and Place; and to adjourn as they please.

E. of Hopetourn, Curator of the M. of Annandale, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Earl of Hopetoun Curator of Law to George Marquis of Annandale, a Lunatick; 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 John Earl of Hopetoun, Curator of Law to George Vanden Bempde Marquis of Annandale his Uncle, a Lunatick, and the Curator of Law to the said Marquis for the Time being; to grant Fecus of certain Lands, Houses, and others, in the County of Dumfries, and to exchange the Lands therein mentioned."

Sulgrave Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, or Liberties, of Sulgrave, in the County of Northampton."

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. Bennett and Mr. Harris:

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

Hammett to take the Name of Hamlyn, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Hammett Esquire, and his Issue, to take and use the Surname of Hamlyn only."

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 the same Messengers:

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

Foley & al. to settle Thomas's Estate, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for settling the Real Estate of James Thomas Esquire, deceased, pursuant to an Agreement between his Heir at Law and Devisee for that Purpose."

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 Friday the 14th Day of March next, at the usual Time and Place; and to adjourn as they please.

Barford Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Waste Grounds, and Commonable Lands, in the Parish of Barford, in the County of (fn. 4) Northampton."

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

Their Lordships, or any Five of them; to meet To-morrow Sevennight, at the usual Time and Place; and to adjourn as they please.

Hoby Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common and Open Fields in the Parish of Hoby, in the County of Leicester."

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 Wednesday next, at the usual Time and Place; and to adjourn as they please.

Marston St. Lawrence Common Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in Marston Saint Lawrence, in the County of Northampton."

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.

Letheullier's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate of Smart Lethieullier Esquire in the County of Essex; and for laying out the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the Uses of his Marriage Settlement."

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 Friday the 14th Day of March next, at the usual Time and Place; and to adjourn as they please.

Bowles, Committee of Beynon a Lunatick, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Leonard Bowles of London Merchant, Committee of the Person and Estate of Thomas Beynon Esquire, a Lunatick; 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 Sale of the Real Estate of Thomas Beynon Esquire, a Lunatick, for discharging the Encumbrances affecting the same; and for laying out the Refidue of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, for the Benefit of the said Thomas Beynon and his Heirs."

His Majesty's Advocate against D. of Gordon & al.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein his Grace the Duke of Gordon and others are Respondents; praying, "In regard the Subject-matter of the Appeal is under Accommodation between the Parties; that the Hearing of the said Cause, which now stands appointed for Monday next, may be put off till the next Session of Parliament; the Agent for the Respondents having signed the said Petition, as consenting thereto:"

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, as desired.

Ellis against Seagrave.

The House being moved, "That the Hearing of the Cause wherein Welbore Ellis Esquire is Appellant, and Neal Seagrave Esquire Respondent, et è contra, which is appointed for To-morrow, be put off till Monday the 31st Day of March next:"

It is Ordered, That the said Hearing be put off till Monday the 31st Day of March next, as desired.

Stoffolds to take the Name of Austen, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Henry Stoffold and Robert Stoffold Gentlemen, now called Henry Austen and Robert Austen, and their Heirs, to take and use the Surname and Arms of Austen, instead of their own Surname and Arms, pursuant to the Will of Robert Austen Esquire, deceased."

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

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

Franks & Ux. against Martin. & al.

The House being moved, "That Friday the 7th Day of March next may be appointed, for hearing the Cause wherein Naphtali Franks Esquire and Phila his Wife are Appellants, and Joseph Martin and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 7th Day of March next, as desired.

Messages from H. C. to return Turner's Divorce Bill:

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Exuperius Turner Esquire with Elizabeth Louisa his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Goodflesh's Divorce Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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 11th of January 1759 and 11th of January 1760; 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 Day 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.

Woodhall Moor Enclosure, Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for dividing and enclosing a certain Common or Open Piece of Waste Ground, in the Parish or Township of Harthill with Woodhall, in the County of York," which is appointed for To-morrow, be put off till Monday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tertium diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.
2 Deest in Originali.
3 This Name afterwards occurs Northampton in the other Readings, but it is Right here; vide p. 615. a. & 616. b. and Journals of H. C. Vol. xxviii. p. 722. a. 736. b. 748. b. 758. a. 775. b. 782. b. 787. a. &807. a.
4 This should be Warwick, vide p. 592. a.