Journal of the House of Lords Volume 29, 1756-1760. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 29: February 1757, 21-28', in Journal of the House of Lords Volume 29, 1756-1760, (London, 1767-1830) pp. 49-56. British History Online https://www.british-history.ac.uk/lords-jrnl/vol29/pp49-56 [accessed 27 April 2024]
In this section
February 1757, 21-28
DIE Lunæ, 21o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
M. of Tweeddale & al. against Dundass.
The Answer of John Dundass of Newhall, to the Appeal of the Marquis of Tweeddale and of His Majesty's Advocate for Scotland on Behalf of His Majesty, was brought in.
Carr's Pet. referred to Judges.
Upon reading the Petition of Elizabeth Carr, Wife of Henry Thomas Carr, a Lunatick; praying Leave to bring in a Bill, to empower the Petitioner to appoint the Sum of Three Thousand Pounds for the Benefit of the said Lunatick's Creditors, so far as the same will extend to pay them; and to charge the Remainder of his Debts on the Inheritance and Reversion of his Estate, notwithstanding her Coverture and the Incapacity of the said Lunatick; and for other Purposes therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; 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.
Bishopthorpe Common Field to enclose, Leave for a Bill.
Upon reading the Petition of the Lord of the Manor, the Owners of the Great and Small Tithes, and the Owners of Lands, Tenements, and Right of Common, of and in the Township of Bishopthorpe, in the County of the City of York; praying Leave to bring in a Bill, for establishing and rendering effectual certain Articles of Agreement, for dividing and enclosing the Common Fields, Common Meadow Ground, and Common or Moor, within the Township of Bishopthorpe aforesaid; and for other Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Northwood, &c. Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath, and Tost Green, in the Manor and Parish of Trentham, in the County of Stafford."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Nuthall, Leave for a Bill.
Upon reading the Petition of Thomas Nuthall of London Gentleman; praying Leave to bring in a Bill, for dissolving his Marriage with Lucy Scott; and to enable him to marry again:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Moore's Pet. referred to Judges.
Upon reading the Petition of Garrett Moore and Edmund Moore Esquires; praying Leave to bring in a Bill, for Sale of an Estate in the County of Mayo in the Kingdom of Ireland, for discharging Debts and Encumbrances affecting the same:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Bathurst and Mr. Baron Legge; 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.
Shaw's Pet. referred to Judges.
Upon reading the Petition of Thomas Shaw of Newford in the County of Galway in the Kingdom of Ireland Esquire; praying Leave to bring in a Bill, for Sale of a competent Part of an Estate in the County of Galway aforesaid, for discharging Debts and Encumbrances affecting the same; and for other Purposes therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Countess of Ferrers, Pet. for a Bill of Separation from the Earl her Husband:
Upon reading the Petition of Mary Countess of Ferrers, Wife of the Right Honourable Lawrence Earl Ferrers; setting forth, "That the Petitioner was married to the said Earl in the Year 1751; and, for about Three Years last past, without any Provocation by her given, hath been grievously, and in a barbarous and inhuman Manner, treated, abused, and beaten, by her Husband; that he hath frequently threatened, and several Times attempted, to destroy her, by strangling her; and hath attempted to set Fire to the Hangings of her Bed-chamber; and that the Petitioner, having experienced so many Instances of his barbarous and savage Behaviour and Disposition, is fully convinced that there is no Prospect of living and cohabiting with him, but under the perpetual and dismal Apprehensions and most imminent Danger of losing her Life;" and further setting forth, That the Petitioner, intending to institute a Cause of Separation against her said Husband in the Ecclesiastical Courts, for Cruelty, hath, in order to proceed in the said Suit, made Application to his Lordship to waive his Privilege, which he has not thought fit to comply with; and that, under these Circumstances, she is obliged to crave and implore the Aid and Protection of Parliament;" and therefore praying, "That their Lordships, out of their great Tenderness and Compassion for her lamentable Case, would be pleased to give Leave that a Bill may be brought in, for a Separation from the said Earl Ferrers her Husband, for Cruelty; and to grant her such Redress and Relief in the Premises as to their Lordships in their great Wisdom shall seem proper, just, and reasonable:"
It is Ordered, That the said Petition be taken into Consideration on this Day Sevennight; and that a Copy thereof, and of this Order, be sent to the said Earl Ferrers.
The Countess to have the Protection of this House.
Ordered, That the said Countess Ferrers shall have the Protection of this House, during the Dependance of her said Petition.
King's Message about Engagements with the K. of Prussia considered, and Address thereupon.
The Order of the Day being read, for taking into Consideration His Majesty's most Gracious Message to this House, on Friday last:
The said Message was read by the Clerk.
And Consideration being had thereof:
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message: To declare our just Sense of the Dangers to which the Liberties of Europe are exposed, by the united Councils and formidable Preparations of France and her Allies; and to express our firm Resolution, vigorously to assist His Majesty in opposing any unjust or vindictive Designs that are particularly and immediately leveled against His Majesty's Electoral Dominions and those of the King of Prussia: To declare our firm Adherence to those Principles of Duty, Fidelity, and Affection to His Majesty, which have been so often unfeignedly professed by this House; and to give His Majesty the strongest Assurances, that we will zealously and chearfully support His Majesty, in fulfilling His Engagements with the King of Prussia, for the Security of the Empire against the Irruption of Foreign Armies, and the Support of the common Cause."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Craik against Craik: Cross Appeal.
The Answer of Jean Craick and John Stewart of Castlestewart her Husband, to the Cross Appeal of Grizel Craick, was brought in.
The King's Answer to Address.
The Lord Great Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; and that, in Answer thereto, His Majesty was pleased to say, That He thanks the House of Lords, for the repeated Assurances of their unalterable Zeal, Duty, and Affection, to His Majesty; and has the utmost Confidence in their vigorous Support."
Tuffnell, Leave for a Bill.
Upon reading the Petition of George Forster Tuffnell Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Elizabeth Forster; and to enable him to marry again:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Melksham Road, Bill.
A Message was brought from the House of Commons, by Mr. Popham and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Road leading from the Turnpike Road at the Bottom of Shaw Hill in the Parish of Melksham, through Googes Lane, Corsham, Biddeston, and West Yatton, to the Turnpike Road at Upper Combe in the Parish of Castle Combe, in the County of Wilts;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Thomson & Ux. Pet. referred to Judges.
Upon reading the Petition of William Thomson of Reading in the County of Berks Esquire and Susanna Thomson his Wife; praying Leave to bring in a Bill, for Sale of an Estate at Tilehurst, in the County of Berks; and applying the Money arising thereby towards the Discharge of several Encumbrances affecting the Petitioners settled Estates, so far as the same will extend to pay and satisfy the same:"
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Bathurst; 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.
C. Browne's Petition referred to Judges.
Upon reading the Petition of William Cave Browne Esquire, Second Son of Roger Cave Esquire by Catherine Cave his Wife, One of the Daughters of William Browne late of Stretton in the Fields, in the Counties of Leicester and Derby, Esquire, deceased; praying Leave to bring in a Bill, to enable the Petitioner to make such Jointure upon his Marriage as therein mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; 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.
Cumming & al. Magistrates of Irvine against Boyle & al.
Upon reading the Petition and Appeal of John Cumming Provost, James Allison and Francis Cunningham Baillies, William Cunningham Dean of Guild, Thomas Brow Treasurer, James Campbell late Provost, Robert Craig, John Gray, John Mcsie, John (fn. 1) Gemmill, Arthur Grahame, James Willie, John Dean, Hew Galt, Robert Weir, and Robert Jack, all Counsellors of the Borough of Irvine; complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th Day of February 1757; and praying, "That the same may be reversed; and that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that James Boyle of Montgomeryston sometime Provost, John Glasgow and Adam Dickie Merchants, William Watson Merchant late Baillie and now One of the Connsellors of the said Borough, Hugh Clark and Alexander Edwards both Merchants and late Counsellors of the said Borough, may be required to answer the said Appeal:"
It is Ordered, That the said James Boyle, John Glasgow, Adam Dickie, William Watson, Hugh Clark, and Alexander Edwards, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 22d Day of March next; and Service of this Order upon any of their known Agents before the Court of Session in Scotland shall be deemed good Service.
Address for 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 1756 and 11th of January 1757; together with an Accompt of the Produce of the Sinking Fund; 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.
Montgomerie's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Lilias Montgomerie of Skelmorley to sell Lands in the County of Renfrew; and to lay out the Monies arising thereby in the Purchase of Lands, contiguous to other Lands of the said Lilias Montgomerie, in the County of Air; and for other Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Wednesday the 9th Day of March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Nuthall's Divorce Bill.
The Lord Walpole (pursuant to the Order of Yesterday) presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Thomas Nuthall Gentleman with Lucy Scott his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."
The said Bill was read the First Time.
Ordered, That the said Bill be read a 2d Time on Thursday the 10th Day of March next; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said Thomas Nuthall may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Lucy Scott may have a Copy of the said Bill; and that Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.
Craick against Craick; et è contra.
The House being moved, "That Monday the 14th Day of March next may be appointed, for hearing the Cause wherein Jean Craick and John Stewart of Castlestewart her Husband are Appellants, and Grizell Craick Respondent, et è contra:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 14th Day of March next, as desired.
Bramston's Pet. referred to Judges.
Upon reading the Petition of George Bramston of Waterhouse in the County of Essex Esquire; praying Leave to bring in a Bill, to enable Ralph Radcliffe, an Infant, to convey to the Petitioner his Moiety of certain Premises allotted to him, pursuant to a Decree of the Court of Chancery, in the same Manner as if the said Ralph Radcliffe was of full Age, and capable of conveying the same:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Legge 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.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Cheatham's Interest in Edystone Lighthouse, Bill.
A Message was brought from the House of Commons, by Mr. George Onslow and others:
With a Bill, intituled, "An Act for vesting the Estate and Interest late of Robert Cheatham Esquire, deceased, in the Duties granted by certain Acts of Parliament, for maintaining a Lighthouse on The Edystone Rock, in Trustees, in Trust, to raise Money, to be applied towards re-building the said Lighthouse;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the Consideration of the said Bill be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Straglethorpe Common Fields to enclose, Bill.
A Message was brought from the House of Commons, by Sir John Cust and others:
With a Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing the Common Fields and Grounds, in the Manor of (fn. 2) Straglethorpe, within the Parish of Beckingham, in the County of Lincoln; and for making a Compensation to the Rector of the said Parish, for the Glebe Lands and Tithes of Straglethorpe aforesaid;" to which they desire the Concurrence of this House.
Melksham Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Road from the Turnpike Road at the Bottom of Shaw Hill, in the Parish of Melksham, through Googe's Lane, Corsham, Biddestone, and West Yatton, to the Turnpike Road at Upper Combe, in the Parish of Castle Combe, in the County of Wilts."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
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.
Sutherland & al. Magestratos of Kirkwall against Inhabitants of Stromness.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Doctor Hugh Sutherland Treasurer of the Borough of Kirkwall and others are Appellants, and Alexander Graham and others Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
M. of Tweeddale against Dundass.
The House being moved, "That Monday the 21st Day of March next may be appointed, for hearing the Cause wherein John Marquis of Tweeddale and His Majesty's Advocate for Scotland are Appellants, and John Dundass of Newhall is Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 21st Day of March next, as desired.
C. Kildare & al. against Button & al.
Counsel were called in, to be heard, upon Two Appeals; the First, of the Countess of Kildare and others, Creditors of the Four Banks lately kept in Dublin; and the other, of the Earl of Shannon and others, the surviving Trustees appointed by an Act of Parliament of the 7th Year of His present Majesty, for Relief of the Creditors of the said Banks, from a Decree, or Decrees, of the Court of Chancery in Ireland, of the 22d of July and 14th of December 1754, to which Appeals Robert Burton Esquire and others are Respondents.
Mr. Pratt, the First Counsel for the Appellants in the First Appeal, was heard, to state and argue the Case at large, upon the general Merits.
The Recitals in the said Act of the 7th Year of His present Majesty, appointing Trustees for Relief of the Creditors, read.
Some of the Proceedings of the Trustees, upon Claims made before them, read.
The final Decree of the said Trustees, of the 23d of December 1736, read.
The Appeal of the Legatees (the present Respondents) from the said Decree of the Trustees, to the Court of Chancery in Ireland, read.
An Appeal of Abraham Creichton, as Representative of Francis Harrison, from the said Decree of the said Trustees, to the same Court, read.
The Lord Chancellor Wyndham's Decrees, upon the said Two Appeals, read.
The Judgement of this House, of the 10th of April 1749, upon a former Appeal, read.
The Counsel were directed to withdraw.
Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in at One o'Clock.
Causes removed.
Ordered, That the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Forbes of Pitsligo Esquire is Respondent, which stands appointed for To-morrow, be put off till Monday next; and that the other Causes be removed in Course.
Stewart against Sir K. Maekenzie:
Upon reading the Petition and Appeal of John Stewart Esquire of Farness; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th of February 1755; and also of an Interlocutor of the Lords of Session, of the 25th of June 1756; and likewise of Two other Interlocutors of the said Lords, of the 16th of February 1757; and praying, "That the same may be reversed or varied; and that the Appellant may have such other Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Sir Kenneth Mackenzie of Grandville may be required to answer the said Appeal:"
It is Ordered, That the said Sir Kenneth Mackenzie may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the 24th Day of March next; and Service of this Order upon any of his Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Crie & al. against Smith & al.
The Answer of David Smith, Patrick Campbell, and Daniel Moncrieff Esquires, to the Appeal of James Crie Esquire and others, Members of the Town Council of Perth, was brought in.
E. Ferrers takes the Oaths.
Lawrence Earl Ferrers took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Northwood Enclosure Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing Two several Articles of Agreement, for enclosing and dividing Northwood, Hanchurch Heath, and Toft Green, in the Manor and Parish of Trentham, in the County of (fn. 3) Stafford," 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."
Ld. Irwin, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Viscount Irwin 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 empowering Henry Viscount Irwin, George Ingram his Brother, and Charles Ingram his Nephew, to settled Part of the said Viscount Irwin's Estate, upon the Marriage of the said Charles Ingram; and for other Purposes therein mentioned."
Low Wines and Spirits from Corn to prohibit for a Time, Bill.
A Message was brought from the House of Commons, by Mr. Nugent and others:
With a Bill, intituled, "An Act to prohibit, for a limited Time, the making Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal or Flour;" to which they desire the Concurrence of this House.
Governors of Charter house, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of the Governors of The Charter-house; 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 the Governors of the Hospital of King James, founded in Charter-house, to sell and convey the Manor of Blacktoft, and divers Lands and Tenements, in the County of York; and for laying out the Money arising thereby in the Purchase of other Lands and Tenements, for the Benefit of the said Hospital."
E. Brooke's Pet. for receiving a Pet. of Ward & al. for a Private Bill.
A Petition of Francis Earl Brooke, was presented and read; setting forth, "That Rowley Ward and Joshua Harbourne the Testamentary Guardian of Charles Ward and Mary Ward, Infants, have signed a Petition, to be presented to this House, for Leave to bring in a Private Bill, for Sale of an Estate in Warwickshire, for the Purchase whereof the Petitioner hath contracted with the said Joshua Harborne; but that, the said Petition being sent some Time ago into Warwickshire, to be signed by Lucy Ward, whose Consent thereto is necessary, she being then in Worcestershire, the said Petition was not returned till the 23d Instant;" and therefore praying, "In regard the Time limited by their Lordships Order for receiving Petitions for Private Bills is so lately elapsed, that the said Petition may be now received."
Ordered, That the said Petition be received, as desired.
Ward & al. Pet. referred to Judges.
Accordingly, a Petition of Rowley Ward and of Joshua Harborne the Testamentary Guardian of Charles Ward and Mary Ward, the Infant Children of Robert Ward, deceased, for and on Behalf of the said Infants, was presented, and read; praying Leave to bring in a Bill, for Sale of certain Mills in Barford, in the County of Warwick, with the Appurtenances and Lands thereunto belonging, and a new-erected Messuage, with the Appurtenances, in the County of Warwick, towards discharging Encumbrances:
Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Denison; 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.
Pierie to enter into Recognizance for Cumming.
The House being moved, "That William Pierie Gentleman may be permitted to enter into a Recognizance for John Cumming and others, on account of their Appeal depending in this House; they living in Scotland:"
It is Ordered, That the said William Pierie may enter into a Recognizance for the said Appellants, as desired.
C. Kilda e & al. against Burton & al.
Counsel (according to Order) were called in, to be further heard, upon the Appeals of the Countess of Kildare and others, and of the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents.
Mr. Sewell, the 2d Counsel for the Appellants in the First Appeal, was heard.
Sir Robert Henley, His Majesty's Attorney General, was heard, for the Trustees the Appellants in the 2d Appeal.
Mr. Yorke, Solicitor General, heard, for the Respondents the Legatees.
And Mr. Forrester, the 2d Counsel for the said Respondents, having been also heard:
The Counsel were directed to withdraw.
Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Cause which stands appointed for that Day be put off till Friday next; and that the other Causes be removed in Course.
Countess Ferrers' Pet. Consideration put off.
Ordered, That the Consideration of the Petition of Mary Countess Ferrers, praying, "That Leave may be given to bring in a Bill, for a Separation from Earl Ferrers her Husband, for Cruelty," which is appointed for Monday next, be put off till Wednesday; and that the Lords be summoned.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sharp against Maxwell Ld. Farnham.
The Answer of John Maxwell Esquire, now Lord Farnham in the Kingdom of Ireland, to the Appeal of William Sharpe Esquire, was brought in.
C. Kildare & al. against Button & al.
Counsel (according to Order) were called in, to be further heard, upon the Appeals of the Countess of Kildare and others, and of the Earl of Shannon and others, to which Robert Burton Esquire and others are Respondents.
And Mr. Pratt having been heard, in Reply, for the Appellants in the First Appeal, upon the general Merits:
The Counsel were directed to withdraw.
Proposed, "To declare, That the Respondents, the Legatees under the Will and Codicil of Benjamin Burton, deceased, are entitled to the Payment of their several Legacies, with Interest, out of the Real and Personal Estate of the said Benjamin Burton, which came to Samuel Burton, in Preference to the said Samuel Burton's Debts, whether separate or in Partnership."
And the same being agreed to:
The Counsel were again called in; and acquainted by the Speaker with what the House had determined.
Then Mr. Pratt was heard, for the said Appellants, upon the 1st and 2d Exceptions taken by them to the Master's Report.
That Part of the Master's Report was read.
The said 1st and 2d Exceptions also read.
Mr. Solicitor General heard, for the Respondents, as to the said 1st and 2d Exceptions.
The Third Direction in the Lord Chancellor of Ireland's Decree read.
And Mr. Pratt having been heard, for the said Appellants, in Reply:
The Counsel were a Second Time directed to withdraw.
Ordered and Adjudged, That that Part of the said Decree or Decrees complained of, whereby the Appellant's First and Second Exceptions to the Master's Report are over-ruled, be reversed; and that the said Exceptions be allowed.
And the Counsel, being called in again, were acquainted by the Speaker with the said Determination.
Then Mr. Sewell, having waived the Third Exception, was heard, for the said Appellants, upon the Fourth and Fifth Exceptions, taken by them to the Master's Report.
The said Fourth and Fifth Exceptions were read.
Mr. Forrester heard, for the Respondents, as to the said Fourth and Fifth Exceptions.
Minutes taken in the Court below, upon arguing the said Fourth and Fifth Exceptions, read; as to the Sum of £. 17,648. 12s. 2d. being brought into the Bank, to make up Deficiencies in general.
Several Items in the Schedule to the Master's Report, relating to Securities brought into the Bank by Benjamin Burton, read.
And Mr. Sewell having been heard, for the said Appellants in Reply:
The Counsel were a Third Time directed to withdraw.
Ordered and Adjudged, That so much of the said Decree or Decrees complained of, as over-rules the Appellant's Fourth and Fifth Exceptions to the Master's Report, be affirmed.
And the Counsel, being called in again, were acquainted by the Speaker with the said Determination.
And then they were again directed to withdraw.
Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in at One o'Clock.
Low Wines and Spirits from Corn, to prohibit for a Time, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to prohibit, for a limited Time, the making Low Wines and Spirits from Wheat, Barley, Malt, or any other Sort of Grain, or from any Meal of Flour."
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.