House of Lords Journal Volume 30
May 1762, 21-30

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History of Parliament Trust

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1767-1830

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274-280

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'House of Lords Journal Volume 30: May 1762, 21-30', Journal of the House of Lords volume 30: 1760-1764 (1767-1830), pp. 274-280. URL: http://british-history.ac.uk/report.aspx?compid=114518 Date accessed: 30 September 2014.


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May 1762, 21-30

DIE Lunæ, 24o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Carliol.
Dux Devon, Camerarius.
Dux Newcastle.
Dux Portland.
Comes Denbigh.
Comes Winchilsea.
Comes Thanet.
Comes Cardigan.
Comes Plimouth.
Comes Rochford.
Comes Coventry.
Comes March.
Comes Marchmont.
Comes Halifax.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Harrington.
Comes Gower.
Comes Bucks.
Comes Powis.
Comes Temple.
Comes Hertford.
Comes Guilford.
Comes Hardwicke.
Comes Darlington.
Comes Ilchester.
Viscount Hereford.
Viscount Weymouth.
Viscount Stormont.
Viscount Falmouth.
Viscount Spencer.
Ds. Abergavenny.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Fortescue.
Ds. Feversham.
Ds. Ponsonby.
Ds. Walpole.
Ds. Mansfield.
Ds. Wycombe.
Ds. Sondes.
Ds. Melcombe.
Ds. Grantham.
Ds. Lovel.
Ds. Montagu.
Ds. Vernon.

PRAYERS.

The Lord Mansfield sat Speaker.

Cheslyn against Creswell.

The Answer of Henry Cresswell and Sarah his Wife, Charlotte Cresswell and Richard Cresswell, Infants by the said Henry Cresswell their Father, to the Appeal of Richard Cheslyn and Edward Cheslyn, was brought in.

Cosham to Chichester, Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Cosham in the County of Southampton, to the City of Chichester."

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. Anguish and Mr. Graves:

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

Weller's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for vesting the settled Estate of John Weller Esquire, deceased, lying in the Counties of Kent and Chester, in Trustees, to be sold, to pay off Encumbrances affecting the same; and to lay out the Surplus of the Money arising by such Sale (if any) in the Purchase of other Lands, to be settled to the Uses of the Will of the said John Weller."

And the said Amendments, being read Three Times by the Clerk, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Forts and Batteries, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, upon the Sea Coasts, in the Counties of Kent, Sussex, and Southampton, on which Forts and Batteries have been erected for the Defence of the said Coasts, in Trustees, for certain Uses, and for other Purposes therein mentioned."

Waggons with 2½ Inch Wheels, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for repealing so much of an Act made in the Fifth Year of His Majesty King George the First, as restrains Waggons travelling for Hire, with Wheels of a less Breadth than Two Inches and an Half, from being drawn with more than Three Horses."

Vanderheyden against Dawes and Fisher; Writ of Error Non pros'd, with Costs.

Upon reading the Petition of Thomas Dawes and John Fisher, Defendants in a Writ of Error, wherein Dirk Vanderheyden is Plaintiff; praying, "In regard the said Plaintiff has not assigned Errors within the Time limited by the Order of this House for that Purpose, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

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 Defendants in Error, the Sum of Twenty Pounds, for their Costs by reason of the Delay of the Execution of the said Judgement.

Espinasse against Lowe & al.

Upon reading the Petition and Appeal of Isaac Espinasse of the City of Dublin Esquire and Mary his Wife, and of Richard Espinasse their Son, an Infant under the Age of Twenty-one Years, by the said Isaac Espinasse his Father and Guardian; complaining of a Decretal Order of the Court of Exchequer in Ireland, pronounced the 10th Day of February 1762, but not made up till the 26th of April last, nor entered till afterwards; and praying, "That the same may be reversed and set aside, or that the Appellants may have such other Relief in the Premises as the Nature and Circumstances of the Case may require; and that Eusebius Lowe, William Espinasse, Thomas Colley and Isabella his Wife, William Luffingham and Frances his Wife, Christopher Fitz Simons, Alexander M'Aulay, Robert Hamilton, Thomas Wright, and Mathew Smith, may be required to answer the said Appeal:"

It is Ordered, That the said Eusebius Lowe, William Espinasse, Thomas Colley and Isabella his Wife, William Luffingham and Frances his Wife, Christopher Fitz Simons, Alexander M'Aulay, Robert Hamilton, Thomas Wright, and Mathew Smith, 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 28th Day of June next; and Service of this Order upon the Clerks in Court or Agents of the said Respondents shall be deemed good Service.

Report of Conference on Kingston upon Hull Street, Bill:

The Order of the Day being read, for taking into Consideration the Report of the Conference had with the Commons on Monday the 10th Instant, upon the Subject-matter of the Amendment made by this House to the Bill, intituled, "An Act to amend and render more effectual several Acts made for cleansing and enlightening the Streets of the Town of Kingston upon Hull, and for preventing Annoyances therein:"

The Commons Reasons for disagreeing to the said Amendment were read.

The Sixth Section of the Statute of the 9th of King George the First, Cap. 7, for amending the Laws relating to the Settlement, Employment, and Relief, of the Poor, was read.

And it being moved, "Not to insist upon the said Amendment:"

After Debate;

The Lords do not insist on their Amendment to the Bill.

The Question was put, "Whether this House shall insist on their Amendment made to the said Bill?"

It was Resolved in the Negative.

Then a Message was sent to the House of Commons, by the former Messengers:

To acquaint them, that this House does not insist on their Amendment made to the said Bill.

Sinking Fund, &c. Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Sixty-two; and for settling and securing a certain Annuity for the Use of the Right Honourable Arthur Onslow, Speaker of the House of Commons in the last Five Parliaments;" to which they desire the Concurrence of this House.

Million Bill.

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

With a Bill, intituled, "An Act for enabling His Majesty to raise the Sum of One Million, for the Uses and Purposes therein mentioned; and for further appropriating the Supplies granted in this Session of Parliament; and for allowing Time for the Payment of the Stamp Duties omitted to be paid upon Admissions into Corporations or Companies, and Appointments to Offices therein; and for Relief of William Earle, in respect of a Quantity of White Salt lost by the Wreck of a Ship near the Harbour of Dublin;" to which they desire the Concurrence of this House.

Militia Pay and Cloathing, Bill.

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

With a Bill, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of the Pay of the Militia of that Part of Great Britain called England, when unembodied, and of the Cloathing of the Part of the said Militia now unembodied for One Year, beginning the Twenty-fifth Day of March, One Thousand Seven Hundred and Sixty-two;" to which they desire the Concurrence of this House.

Judges Salaries, Bill.

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

With a Bill, intituled, "An Act for better securing the Payment of the Sums of Money directed, by an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, to be applied in Augmentation of the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, and the Justices of Chester, and the Great Sessions for the Counties in Wales, for the Time being;" to which they desire the Concurrence of this House.

The said Four Bills were severally read the First Time.

Adjourn.

Ds. Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 25o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Meneven.
Epus. Bristol.
Epus. Carliol.
Dux Devon, Camerarius.
Dux Ancaster.
Dux Portland.
Comes Denbigh.
Comes Peterborow.
Comes Winchilsea.
Comes Litchfield.
Comes Plimouth.
Comes Marchmont.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Essingham.
Comes Gower.
Comes Powis.
Comes Egremont.
Comes Hertford.
Comes Guilford.
Comes Hardwicke.
Comes Ilchester.
Viscount Hereford.
Viscount Stormont.
Viscount Falmouth.
Viscount Spencer.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Ward.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Foley.
Ds. Cadogan.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Archer.
Ds. Hyde.
Ds. Walpole.
Ds. Mansfield.
Ds. Wycombe.
Ds. Sondes.
Ds. Melcombe.
Ds. Grantham.
Ds. Boston.
Ds. Lovel.
Ds. Milton.
Ds. Vernon.

PRAYERS.

The Lord Mansfield sat Speaker.

Sinking Fund, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Sixtytwo; and for settling and securing a certain Annuity for the Use of the Right Honourable Arthur Onslow Speaker of the House of Commons in the last Five Parliaments."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Million Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the Sum of One Million, for the Uses and Purposes therein mentioned; and for further appropriating the Supplies granted in this Session of Parliament; and for allowing Time for the Payment of the Stamp Duties omitted to be paid on Admissions into Corporations or Companies, and Appointments to Offices therein; and for the Relief of William Earle, in respect of a Quantity of White Salt lost by the Wreck of a Ship near the Harbour of Dublin."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Judges Salaries, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for better securing the Payment of the Sums of Money directed, by an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, to be applied in Augmentation of the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, and the Justices of Chester, and the Great Sessions for the Counties in Wales, for the Time being."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Militia Pay and Cloathing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of the Pay of the Militia of that Part of Great Britain called England, when unembodied; and of the Cloathing of the Part of the said Militia now unembodied for One Year, beginning the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty-two."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Forts and Batteries, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, upon the Sea Coasts, in the Counties of Kent, Sussex, and Southampton, on which Forts and Batteries have been erected for the Defence of the said Coasts, in Trustees, for certain Uses, and for other Purposes therein mentioned."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Dunbar against Wilson; Writ of Error Non pros'd with Costs.

Upon reading the Petition of Robert Wilson, Defendant in a Writ of Error, wherein John Dunbar is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Order of this House for that Purpose, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

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 his Costs by reason of the Delay of the Execution of the said Judgement.

Goble against Wilson; Writ of Error Non pros'd, with Costs.

Upon reading the Petition of the said Robert Wilson, Defendant in a Writ of Error, wherein Martin Goble is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Order of this House for that Purpose, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

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 his Costs by reason of the Delay of the Execution of the said Judgement.

Scandrett against Wilson; Writ of Error Non pros'd, with Costs.

Upon reading the Petition of the said Robert Wilson, Defendant in a Writ of Error wherein Christopher Scandrett is Plaintiff; praying, "In regard the said Plaintiff hath not assigned Errors within the Time limited by the Order of this House for that Purpose, that the said Writ of Error may be Non pros'd, with such Costs as to their Lordships shall seem meet:"

It is Ordered, That the said 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 Judgment 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 his Costs by reason of the Delay of the Execution of the said Judgement.

E. of Bucks & al. against Lady Drury; Judges Opinions delivered.

The Order of the Day being read, for the further Consideration of the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow is Respondent; and for the Judges to deliver their Opinion upon a Question of Law to them proposed on Thursday last:

The Speaker acquainted the House, "That the Judges differed in their Opinions upon the said Question."

Ordered, That the Judges present do deliver their Opinions upon the said Question, seriatim, with their Reasons.

Accordingly, Mr. Baron Gould was heard; and delivered his Opinion upon the said Question, in the Negative; (videlicet,) "That a Woman married under the Age of Twenty-one Years, having before such Marriage a Jointure made to her in Bar of her Dower, is not thereby bound and barred of Dower within the Statute 27o Hen. VIII. Cap. 10;" and gave his Reasons.

Mr. Justice Wilmot was heard; and delivered his Opinion upon the said Question, in the Affirmative: "That she is thereby bound and barred of Dower within the the said Statute;" and gave his Reasons.

Mr. Justice Bathurst was heard; and delivered his Opinion upon the said Question, in the Affirmative also; and gave his Reasons.

Mr. Baron Adams was heard; and delivered his Opinion upon the said Question, in the Affirmative also; and gave his Reasons.

Mr. Baron Smythe was heard; and delivered his Opinion upon the said Question, in the Affirmative also; and gave his Reasons.

Ordered, That the further Consideration of the said Cause be adjourned till To-morrow, at Twelve o'Clock; and that the Judges do then attend.

Adjourn.

Ds. Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 26o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Petriburg.
Epus. Meneven.
Epus. Bristol.
Epus. Carliol.
Dux Devon, Camerarius.
Dux Ancaster.
Dux Portland.
Comes Winchilsea.
Comes Denbigh.
Comes Morton.
Comes Marchmont.
Comes Halifax.
Comes Pomfret.
Comes Waldegrave.
Comes Effingham.
Comes Gower.
Comes Temple.
Comes Guilford.
Comes Hardwicke.
Comes Ilchester.
Viscount Hereford.
Viscount Weymouth.
Viscount Stormont.
Viscount Falmouth.
Viscount Spencer.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Ward.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Foley.
Ds. Ducie.
Ds. Masham.
Ds. Sandys.
Ds. Ravensworth.
Ds. Hyde.
Ds. Walpole.
Ds. Mansfield.
Ds. Grantham.
Ds. Boston.
Ds. Milton.
Ds. Vernon.

PRAYERS.

The Lord Mansfield sat Speaker.

Sinking Fund 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 certain Sum of Money, out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Sixty-two; and for settling and securing a certain Annuity for the Use of the Right Honourable Arthur Onslow, Speaker of the House of Commons in the last Five Parliaments."

After some Time, the House was resumed.

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

Million Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for enabling His Majesty to raise the Sum of One Million, for the Uses and Purposes therein mentioned; and for further appropriating the Supplies granted in this Session of Parliament; and for allowing Time for the Payment of the Stamp Duties omitted to be paid upon Admissions into Corporations or Companies, and Appointments to Offices therein; and for the Relief of William Earle, in respect of a Quantity of White Salt lost by the Wreck of a Ship near the Harbour of Dublin."

After some Time, the House was resumed.

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

Judges Salaries, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for better securing the Payment of the Sums of Money directed, by an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, to be applied in Augmentation of the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, and the Justices of Chester, and the Great Sessions for the Counties in Wales, for the Time being.

After some Time, the House was resumed.

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

Militia Pay and Cloathing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of the Pay of the Militia of that Part of Great Britain called England when unembodied, and of the Cloathing of the Part of the said Militia now unembodied, for One Year, beginning the Twenty-fifth Day of March, One Thousand Seven Hundred and Sixty-two."

After some Time, the House was resumed.

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

Forts and Batteries, Bill.

"The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, upon the Sea Coasts, in the Counties of Kent, Sussex, and Southampton, on which Forts and Batteries have been erected for the Defence of the said Coasts, in Trustees, for certain Uses; and for other Purposes therein mentioned."

After some Time, the House was resumed.

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

Hamerfley to enter into Recognizance on Espinasse's Appeal.

The House being moved, "That Mr. Hugh Hamersley may be permitted to enter into a Recognizance for Isaac Espinasse Esquire, and others, on account of their Appeal depending in this House; they residing in Ireland:"

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

E. of Bucks & al. against Lady Drury:

The Order of the Day being read, for the further Consideration of the Cause, wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow is Respondent; and for the Judges to attend:

Judges Opinious:

The Lord Chief Baron of the Court of Exchequer was heard; and delivered his Opinion upon the Question proposed to the Judges on Thursday last, in the Negative; (videlicet,) "That a Woman married under Age, and having a Jointure made her, as stated in the said Question, is not thereby bound and barred of Dower, within the Statute 27o Hen. VIII;" and gave his Reasons.

Then the Lord Chief Justice of the Court of Common Pleas was heard; and delivered his Opinion upon the said Question, in the Negative also; and gave his Reasons.

Whereupon, and upon due Consideration and Debate had of what had been offered on either Side in this Cause, the following Order and Judgement was made; (videlicet,)

Decree reversed.

"After hearing Counsel, as well on Thursday the 13th and Friday the 14th, as Thursday the 20th Days of this Instant May, upon the Petition and Appeal of the Right Honourable John Earl of Buckinghamshire and the Right Honourable Mary Ann Countess of Buckinghamshire his Wife, late Mary Ann Drury Spinster, and late an Infant, by her next Friend, and Jocosa Catharina Drury Spinster, an Infant, by Sir John Tyrell Baronet, and George Drury Clerk, her next Friends; complaining of a Decree of the Court of Chancery, of the 1st of June, 1761; and praying, "That the same might be reversed, or that this House would grant the Appellants such Relief in the Premises, as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of Dame Martha Drury Widow, put in to the said Appeal; and after hearing the Judges, seriatim, as well Yesterday as this Day, to deliver their Opinions, with their Reasons, upon a Question of Law to them proposed; and due Consideration and Debate had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree, complained of by the said Appeal, whereby an Accompt is directed to be taken of the Personal Estate of the Intestate Sir Thomas Drury, come to the Hands of the Respondent, or to the Hands of any other Person for her Use, and also of his Debts and Funeral Expenses, which are to be paid out of his Personal Estate in a Course of Administration, be, and the same is hereby, affirmed; and that the Residue of the said Decree be, and the same is hereby, reversed: And it is hereby Declared, That the Respondent is bound by the Agreement entered into in Consideration of, and previous to, her Marriage with the said Sir Thomas Drury; and that the same ought to be performed and carried into Execution; and that the Respondent is thereby barred of her Dower, and of any Share of the said Sir Thomas Drury's Personal Estate, under the Statute for the Distribution of Intestates Estates: And it is hereby further Ordered and Adjudged, That it be referred to the Master to whom this Cause stands referred, to see a sufficient Part of the said Sir Thomas Drury's Personal Estate set apart, and invested in Trustees, to be approved of by the said Master, upon Trust, to secure and satisfy to the Respondent an Annuity or Yearly Rent Charge of Six Hundred Pounds per Annum, clear of all Taxes and Deductions whatsoever, during her Life, for and in the Name of her Jointure, and in full Satisfaction and Bar of her Dower, or of any Share or distributory Part of the said Intestate's Personal Estate, according to the said Agreement, and to be paid to her Half Yearly; and that the same be answered and paid to her accordingly (without Prejudice to any Agreement which may have been entered into between the Respondent, and the Appellants the Earl and Countess of Buckinghamshire, to charge One Half of the said Annuity upon the Real Estate of the said Sir Thomas Drury, and to discharge their Moiety of the Personal Estate therefrom); and that the Surplus of the Income and Produce of such Part of the said Personal Estate as shall be so set apart be divided and applied in such Manner as the clear Residue of the said Personal Estate is herein after directed to be divided and applied; and that the said Master do take an Accompt of what is, or shall become, due to the Respondent, for the Arrears of her said Annuity of Six Hundred Pounds per Annum, from the Intestate's Death to the Time that a sufficient Part of the said Personal Estate shall be set apart, and invested in Trustees as aforesaid; and that the same be paid to her, or allowed to her in the Accompt directed by the said Decree; and that, after the Appellant Jocosa Catharina Drury shall have attained her Age of Twenty-one Years, the Respondent be at Liberty to apply to the said Court of Chancery, to have her said Annuity charged upon, and secured by and out of, the Real Estate of the said Sir Thomas Drury, or such Part thereof as shall not have been before charged upon the said Real Estate, if she shall think fit; and in that Case, or in the Case of her Death, that so much of his Personal Estate as shall be so set apart as aforesaid be (after all Arrears thereof satisfied) discharged thereform, and applied and disposed of as the clear Residue of the said Intestate's Personal Estate is to be applied and disposed of; and that the said Master do inquire what Jewels or other Things the Respondent is entitled to for her Paraphernalia, and that the same be retained by, or delivered to her; and that the clear Surplus of the said Intestate's Personal Estate, after Payment of his Debts and Funeral Expenses, and what shall be so set apart as aforesaid, be divided into Moieties, whereof One Moiety is declared to belong to the Appellants the Earl and Countess of Buckinghamshire, in Right of the said Countess, subject to such Agreements as were entered into between them upon and in Consideration of their Marriage; and the other Moiety to belong to the Appellant Jocosa Catharina Drury, pursuant to the beforementioned Agreement entered into on Sir Thomas Drury's Marriage; and that the Appellants the Earl and Countess of Buckinghamshire be at Liberty to apply to the said Court of Chancery, for Directions touching the Payment and Disposition of their Moiety of the said clear Surplus, and the Income and Produce thereof, as they shall be advised; and that the said Master do inquire what is proper to be allowed for the Maintenance and Education of the Appellant the Countess of Buckinghamshire, from her said Father's Death, till her attaining her Age of Twenty-one Years; and for the Maintenance and Education of the Appellant Jocosa Catharina Drury, from her said Father's Death, for the Time past, and to come, till she shall attain her Age of Twenty-one Years, or be married, and state the same to the said Court; and that what shall be so allowed for the Time past be paid or allowed to such Person as hath maintained them respectively, and for the Time to come to the Person by whom the Appellant Jocosa Catharina shall be maintained, out of the Income and Produce of their respective Moieties of the clear Surplus of the said Personal Estate, and of the Rents and Profits of the said Intestate's Real Estate; and that the Receiver, who has been appointed by an Order of the said Court of Chancery, of the Rents and Profits of the said Intestate's Real Estate, be continued till the further Order of the said Court, and pass his Accompts before the said Master; and that the Appellants the Earl and Countess of Buckinghamshire be at Liberty to apply to the said Court, for Payment of what shall be coming to them upon the said Accompt, for the said Countess's Share of such Rents and Profits, in like Manner as is before directed, touching her Share of the Surplus of the said Personal Estate; and that what shall be found due to the Appellant Jocosa Catharina Drury, for her Share of the Surplus of the said Personal Estate, and of the Income and Produce thereof, and for her Share of the Rents and Profits of the said Real Estate (after deducting thereout what shall be allowed for her Maintenance and Education, as aforesaid), be placed out, upon Government or Real Securities, for her Benefit, in the Name, and with the Privity, of the Accomptant General of the said Court, to be placed to his Accompt in this Cause, subject to the further Order of the said Court; and that the said Master inquire whether the same, or any Part thereof, hath already been placed out on any such Securities; and if the said Master shall find them to be proper, that the same be continued; and that so much of the Appellant Jocosa Catharina's Share of the said Rents and Profits as is in the said Receiver's Hands, and so much as shall hereafter be received by him for such Share, be paid into the Bank, in the Name, and with the Privity, of the said Accomptant General, to be placed to his Accompt in this Cause, for the said Jocosa Catharina Drury's Benefit, subject to the further Order of the said Court; and that the said Appellant Jocosa Catharina Drury be at Liberty to apply to the said Court, for Payment to her of what shall be coming to her on the Accompts before directed, or for the Transfer of Assignment of any Securities, on which the same, or any Part thereof, shall have been placed out, when she shall attain her Age of Twenty-one Years, or be married; and that the said Master do inquire, whether any Thing, and what, is proper to be allowed, for keeping up the Mansionhouse, Park, and Premises usually occupied there with, during the Minority of the Appellant Jocosa Catharina Drury, and state the same, with his Opinion thereupon, to the said Court: And it is further Ordered, That, in taking the several Accompts before directed, the said Master do make to all Parties all just Allowances; and that all the Parties be paid their Costs of this Suit to this Time, to be taxed by the said Master, out of the said Intestate's Estate; and that the Consideration of the subsequent Costs, and of all further Directions, be reserved till after the said Master shall have made his Report; and that all Parties be at Liberty to apply to the said Court of Chancery as there shall be Occasion; and that the said Court do give all necessary and proper Directions for carrying this Judgement into Execution."

Adjourn.

Ds. Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 27o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Carliol.
Comes Marchmont.
Comes Ilchester.
Ds. Delamer.
Ds. Sandys.
Ds. Mansfield.
Ds. Boston.

PRAYERS.

The Lord Mansfield sat Speaker.

Sinking Fund, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Sixtytwo; and for settling and securing a certain Annuity, for the Use of the Right Honourable Arthur Onslow, Speaker of the House of Commons in the last Five Parliaments."

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

It was Resolved in the Affirmative.

Million Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to raise the Sum of One Million, for the Uses and Purposes therein mentioned; and for further appropriating the Supplies granted in this Session of Parliament; and for allowing Time for the Payment of the Stamp Duties omitted to be paid upon Admissions into Corporations or Companies, and Appointments to Offices therein; and for the Relief of William Earle, in respect of a Quantity of White Salt lost by the Wreck of a Ship near the Harbour of Dublin."

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

It was Resolved in the Affirmative.

Judges Salaries, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better securing the Payment of the Sums of Money directed, by an Act made in the Thirtysecond Year of the Reign of His late Majesty King George the Second, to be applied in Augmentation of the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, and the Justices of Chester, and the Great Sessions in Wales, for the Time being."

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

It was Resolved in the Affirmative.

Militia Pay and Cloathing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for applying the Money granted in this Session of Parliament, towards defraying the Charge of the Pay of the Militia of that Part of Great Britain called England when unembodied, and of the Cloathing of the Part of the said Militia now unembodied, for One Year, beginning the Twenty-fifth Day of March One Thousand Seven Hundred and Sixty-two."

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

It was Resolved in the Affirmative.

Forts and Batteries, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, upon the Sea Coasts, in the Counties of Kent, Sussex, and Southampton, on which Forts and Batteries have been erected for the Defence of the said Coasts, in Trustees, for certain Uses; and for other Purposes therein mentioned."

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 preceding Bills.

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

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

Adjourn.

Ds. Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem Junii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.