House of Lords Journal Volume 27: February 1751, 11-20

February 1751, 11-20

DIE Lunæ, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

His Majesty's Advocate against the D of Gordon.

The Answer of Cosmo George Duke of Gordon and William Fraser Writer to the Signet, to the Appeal of His Majesty's Advocate for Scotland, was brought in.

E of Egmonts Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Heirs, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments, in the said County, of greater Value, in Lieu thereof, to the same Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Tuesday the 26th Instant, at the usual Time and Place, and to adjourn as they please.

Sir E Hulse & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Edward Hulse Baronet 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 1^a vice lecta est Billa, intituled, "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife to lay out Part of the Trustmonies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the Country."

Liotard & al Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing John Liotard and Daniel Richard," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petitions of Persons to be added to it.

Upon reading the Petition of Daniel Ferrand and Charles Boucher

Also, upon reading the Petition of John Schneley; praying, "That their Names may be inserted in the abovementioned Bill."

It is Ordered, That the said Petitions do lie on the Table till the said Bill be read a Second Time.

Millar & al. against Kincard & al.

After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of Andrew Millar, Daniel Midwinter, William Innys, John Knapton, Paul Knapton, Samuel Birt, Daniel Brown, Thomas Longman, Richard Hett, Charles Hitch, John Shuckburgh, Mary Senex, John Rivington, Francis Gosling, and the Executors of Isaac Clarke, all of London, Booksellers, John Paterson surviving Executor of the last Will and Testament of John Pemberton late of London Bookseller, deceased, and Anne Ward Widow, Administratrix of the Goods and Chattels, Rights and Credits, of Aaron Ward late of London Bookseller, also deceased, and William Elliot Writer in Edinburgh, then Attorney or Factor; complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of July 1746, as also of another Interlocutor of the same Lords, of the 24th of December following, and likewise of another Interlocutor of the said Lords, of the Second of December 1747, as also of another Interlocutor, of the 7th of June 1748 whereby they adhered to their former Interlocutor, and praying, "That the said Interlocutors, so far as the same are complained of, might be reversed, varied, and amended, as to this House in their great Wisdom should seem just." As also upon the Answer of Alexander Kincoid, Gavin Hamilton, John Balfour, John Paton, William Drummond, John Trail, William Sands, Gideon Crawford, Lauchlan Hunter, Janet Brown, Alexander Brymer, William Hamilton, William Millar, Alexander Dunning, John Yare, Andrew Beveridge, John Aitken, John Barrie, Andrew Stalker, Alexander Carlisle, Robert Fowlis, Alexander Symers the Younger, and Andrew Symers, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Action brought by the Appellants in the Court of Session in Scotland was improperly and inconsistently brought, by demanding at the same Time a Discovery and Accompt of the Profits of the Books in Question, and also the Penalties of the Act of Parliament, which the Appellants have never absolutely waived in the Proceedings below; and also by joining several Pursuers claiming distinct and independent Rights in different Books in the same Action, and that therefore the Points determined by the said Interlocutors could not regularly come in Question in this Cause And therefore Ordered and Adjudged, That the said several Interlocutors be reversed, without Prejudice to the Determination of any of the said Points when the same shall properly be brought in Judgement And it is hereby also Declared, That the Libel in this Cause is Non-relevant And Ordered, That the said Court of Session do proceed accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Sir E Hulse's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering the Trustees named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife to lay out Part of the Trust-monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof, according to the Custom of the Country."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Thursday the 28th Instant, at the usual Time and Place, and to adjourn as they please.

Persons take the Oaths to be naturalized.

Daniel Ferrand, John Boucher, and John Schneley, took the Oaths appointed, in order to their Naturalization.

Liotard & al Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Liotard and Daniel Richard"

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, at the usual Time and Place, and to adjourn as they please And that the Petitions of the several Persons, presented to the House Yesterday, praying, "That their Names might be added to the said Bill," and then ordered to lie on the Table, be reserved to the said Committee.

Fraser against His Majesty Advocate.

Upon reading the Petition and Appeal of Alexander Fraser Second Son, and Archibald Fraser Third Son, of Simon Lord Fraser of Lovat, deceased, complaining of an Interlocutor of the Lords of Session in Scotland, of the 21st of November 1750, and praying, "That the same may be reversed, varied, or altered, and such Relief given to the Appellants as to this House in their great Wisdom shall seem meet, and that His Majesty's Advocate for Scotland may be required to put in his Answer to the said Appeal"

It is Ordered, That His Majesty's said Advocate may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the Thirteenth Day of March next, and that Service of this Order on any of the Lawyers or Agents for the Crown in the Court of Session be deemed good Service.

Gordon against His Majesty's Advocate.

Upon reading the Petition and Cross Adpeal of John Gordon Esquire, Second Son of Sir James Gordon of Park, deceased, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1750, and praying, "That the same may be reversed, and such Relief given to the Appellant as to this House in their great Wisdom shall seem meet"

It is Ordered, That His Majesty's said Advocate may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the Thirteenth Day of March next, and that Service of this Order on any of the Lawyers or Agents for the Crown in the Court of Session be deemed good Service.

Williams & al Pet referred to Judges.

Upon reading the Petition of Robert Williams Esquire and Jane Williams his Wife, and Elizabeth Holland Mother of the said Jane Williams, praying Leave to bring in a Bill, for carrying a Proposal for Sale of an Estate in the County of Anglesey, in the Petition mentioned, into Execution, and other Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Peers & al Petition referred to Judges.

Upon reading the Petition of Charles Peers Esquire and Sarah Beavis Widow, on Behalf of themselves, and Charles, Robert, John, Catherine, and Sarah Peers, Children of the said Charles, and Grandchildren of Sir Charles Peers Knight, late One of the Aldermen of the City of London, deceased, all Infants under the Age of Fourteen Years, praying Leave to bring in a Bill, for Sale of an Estate in Middlesex and Essex, devised by the Will of Sir Charles Peers Knight, deceased.

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 Legge, with the usual Directions, according to the Standing Order.

Wilson & al against Kirshaw & al.

This Day being appointed, for hearing the Cause wherein Richard Wilson Esquire, Samuel Killingbeck, Thomas Sawer, Thomas Micklethwaite, Thomas Cookson, Thomas Lodge, Thomas Fenton, Walter Stanhope, Richard Lepton Esquire, and Gervase Smith, Ten of the Trustees of the Advowson of the Vicarage of Leeds, in the County of York, and James Scott Clerk, are Appellants, and Mathew Archbishop of York, Samuel Kirshaw Clerk, Thomas Denison, Robert Denison, William Preston, Francis Milner, Henry Pawson, Edmund Barker Esquire, Richard Tottie, Francis Blaydes, John Brooke, Robert Dixon, Henry Smithson, and Sir Henry Ibbetson Baronet, Respondents.

Counsel were accordingly called in.

And the Appellants Counsel acquainted the House, That they were willing to decline giving then Lordships the Trouble of hearing this Cause, and that the Appellants did consent that their said Appeal might be dismissed, and the Decree of the Court of Chancery of the 23d of February 1749, therein complained of, might be affirmed"

Whereupon the Counsel for the Respondents having informed the House, "That they had no Objection thereto"

The Counsel were directed to withdraw.

Judgement by Consent.

Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (by Consent), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Decree therein complained of be, and the same is hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Liotard & al. Nat Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Liotard and Daniel Richard," was committe "That they had considered the said Bill, as also the (fn. 2) Petitions to them referred, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and made several Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

Dutchess Argyll & al. Petition referred to Judges.

Upon reading the Petition of the most Noble Jone Dutchess Dowager of Argyll and Greenwich, and Lady Caroline Scott, commonly called Countess of Dalkeith, Widow and Relict of the Honourable Francis Scott Esquire, deceased, commonly called Earl of Dalkeith, on Behalf of herself and of Henry Scott Esquire, commonly called Earl of Dalkeith, her Eldest Son, an Infant under the Age of Twenty one Years, praying Leave to bring in a Bill, to enable the Persons in Possession of the Estates mentioned in the Will of John late Duke of Argyll and Greenwich, deceased, to make Leases thereof, as in the said Petition is expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and Mr Justice Dennison, with the usual Directions, according to the Standing Order.

Copley's Divorce, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," and for hearing Counsel, as well for as against the same.

Counsel accordingly were called in.

And Counsel appeared for the said Mr. Copley, but none for the said Anna Maria

And the Bill was read a Second Time.

And the Counsel for it were heard, to open the Allegations thereof.

And William Grey was produced, and, upon Oath proved due Notice to be given, and a Copy of the Bill delivered, pursuant to the Orders of this House.

William Guest was called, and, being sworn, produced a Certificate of the said Marriage.

Next, Henry Sansbury was also called, and sworn; who produced the Settlement, of the 13th of June 1739, made upon the said Marriage.

And the same was read.

Then Mary Cree was produced, sworn, and examined, as to the Marriage, her knowledge of both the said Persons, the Condition of Mr Copley's Health, what Persons resorted to his Wife, and her Elopement, and not returning.

Jane Bray was next produced, sworn, and examined as to any and what Familiarities she had seen or known between one Mr. Perkins and Mrs. Copley, and related certain very indecent ones.

Sarah Tanner, Servant to Mrs Copley in the Year 1743, was also called, sworn, and examined in relation to the same Matter, and gave an Account likewise to the House of very indecent Familiarities between the said Mr. Perkins and Mrs Copley.

Elizabeth Tatloe, another Servant, was called, and examined also upon Oath, in relation to the same Matter, and gave near the like Account.

Which done, Mr Evans, One of the Counsel, acquainted the House, "That Mary Allen, who was examined before the Ecclefiastical Court in Doctors Commons when the Sentences of Divorce were obtained, was since dead," and therefore desired her Deposition there might be read.

And accordingly her Husband being called, and proving, upon Oath, his Wife's Death.

And William Skelton Register of the said Court appearing, with the Original Book, containing the said Sentences and Evidence.

The said Mrs. Allen's Deposition was read, giving a very full Account of the indecent Familiarities and adulterous Conversation between the said Mr. Perkins and Mrs Copley, and seeing them in Bed together.

Joseph Banks was next called, and, being sworn, produced the Articles of Separation between Mr. Copley and his Wife, and acquainted the House, "He was a subscribing Witness."

And the same was read.

An Exemplification of the Verdict given against Mr. Perkins was produced, and read.

And Edward Rushworth Register of the Court of Arches, being called, and sworn, produced the Original Sentences of Divorce against Mrs. Copley, in the Ecclesiastical Court, and read the same.

Counsel were directed to withdraw.

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

Adjourn.

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

DIE Lunæ, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-one," to which they desire the Concurrence of this House.

Krauter's Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing Christopher Jacob Krauter," to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Fitzgerald against Leslie:

Upon reading the Petition of Robert Fitzgerald Esquire, in his own Right, and as Administrator of Lucy his late Wife, deceased, setting forth, "That the Petitioner and his said late Wife, on the 13th Day of December 1748, presented their Petition and Appeal to this House, complaining of a Decree, or Decretal Order, of the Court of Exchequer in Ireland, of the 1st of June 1741, made in a Cause wherein the Reverend James Leslie Clerk was Plaintiff, and the Petitioner's said late Wife, by her Guardian and others, were Defendants, the Remembrancer's Report, of the 22d of June 1742, made pursuant to the said Decree, and the Order of the 16th of July following, made upon the said Report, and of a subsequent Decree of the same Court, of the 22d of June 1744, to which Appeal the said James Leslie put in his Answer, and which was set down to be heard in the last Session of Parliament, and now stands for an Hearing as this Day, that the Petitioner is lately arrived from Ireland, and the Respondent from Durham, in order to attend the said Hearing, but, having had several Interviews together, an amicable Adjustment of all the Matters in Difference has been made, and mutual Releases to each other executed, and Part of the Agreement is, to dismiss the said Appeal," and therefore praying, "That the same may be dismissed accordingly, and the several Decrees, Orders, and Proceedings, of the said Court of Exchequer, complained of, affirmed"

And, after hearing Mr. Hugh Hamersley the Petitioner's Agent, and Mr Jocelyn Pickard Agent for the said Respondents, at the Bar.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (by Consent of the said Agents), That the said Petition and Appeal be, and is hereby, dismissed this House, and that the several Decrees, Orders, and Proceedings, therein complained of, be, and the same are hereby, affirmed.

Phipps against E Anglesey, new Respondent.

Upon reading the Petition of Constantine Phipps Esquire, setting forth, "That the Petitioner's Agent, on Friday last, received a Letter from the Petitioner's Solicitor in Dublin, informing him, that Charles Coote Esquire, One of the Respondents to the Petitioner's Appeal, was dead, leaving an only Son and Heir at Law, an Infant, and by his Will appointed the Mother of the said Infant to be his Testamentary Guardian, and that the Premises in Question are now vested in the said Infant, and therefore he ought to be made a Party to the said Appeal," and therefore praying, "That the same may be revived, and the said Infant ordered to answer the same."

It is Ordered, That the said Appeal do stand revived accordingly, and that the said Infant do, by his said Guardian, put in his Answer thereunto in Five Weeks, and that Service of this Order on the Mother of the said Infant be deemed good Service.

Liotard & al Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Liotard and Daniel Richard"

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

It was Resolved in the Affirmative.

Message to H C with an Amendment to it.

A Message was sent to the House of Commons, by Mr Sawyer and Mr. Montague.

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Sir T Tyrrell's Pet referred to Judges.

Upon reading the Petition of Sir Thomas Tyrrell Baronet; praying Leave to bring in a Bill, for Sale of several Estates, devised by the Will of Sir Harry Tyrrell, late of Thornton, in the County of Bucks, Baronet, deceased, or so much thereof as will discharge the several Sums of Money charged 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 Baron Clive, with the usual Directions, according to the Standing Order.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-one"

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

Krauter's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Christopher Jacob Krauter."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Jekyll & al Petition referred to Judges.

Upon reading the Petition of Thomas Jekyll Esquire, Joseph Jekyll Esquire, Richard Blackett Jekyll Esquire, Edward Jekyll Esquire, Hannah Jekyll Spinster, Nicholas Roberts Esquire, Thomas Hester Gentleman, Samuel Baldwin Gentleman and Tryphena Baldwin his Wife, Tryphosa Sanders Widow of William Sanders Gentleman, deceased, Thomas Jekyll the Elder, and John Gibbs, for themselves and on the Behalf of John Jekyll an Infant, praying Leave to bring in a Bill, for Sale of the undivided Share of the Petitioner John Jekyll the Infant, in the Premises devised, by the Will of Sir Joseph Jekyll Knight, late Master of the Rolls, deceased, in Conjunction with the other Shares of the Petitioners, and to apply the Money arising by the Sale of the said Infant's Share in such Manner as the Court of Chancery shall direct.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr. Justice Gundry, with the usual Directions, according to the Standing Order.

E. Cowper & al Petition referred to Judges.

Upon reading the Petition of William Earl Cowper, for himself, and on the Behalf of George Cowper his only Son, an Jufant, commonly called Lord Viscount Fordwich, Spencer Cowper Doctor in Divinity Dean of Durham, and only Brother of the said William Earl Cowper, William Cowper of Parkhouse in the County of Hertford Esquire, Spencer Cowper Esquire Brother of the said William Cowper, John Cowper Doctor in Divinity, for himself and on the Behalf of William Cowper and John Cowper his Two Sons, both Infants, and Ashley Cowper Esquire, praying Leave to bring in a Bill, to enable the said Earl to charge the Premises in the City of London and County of Middlesex, in the Petition mentioned, with the raising and paying the Sum of Four Thousand Three Hundred Pounds, for the Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr Justice Gundry, with the usual Directions, according to the Standing Order.

Copley's Divorce, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto, which he was directed to report, when the House will be pleased to receive the same"

Ordered, That the said Report be received on Thursday next.

Smith, to take the Name of Holworthy, Bill.

Ordered, That the Committee to whom is referred the Bill, intituled, "An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow, also deceased," be revived; and meet on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.