House of Lords Journal Volume 29: February 1760, 1-10

February 1760, 1-10

DIE Veneris, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Devon's Petition referred to Judges.

Upon reading the Petition of the most Noble William Duke of Devonshire; praying Leave to bring in a Bill, to empower the Petitioner to grant a Lease or Leases of certain Premises, in the Parish of Saint James, Westminster, in the County of Middlesex (Part of the Estate devised by the Will of Dorothy late Countess of Burlington, deceased), for such Term, and under such Restrictions, as to their Lordships shall seem meet:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether, all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Spencer's Petition referred to Judges.

Upon reading the Petition of John Spencer Esquire; praying Leave to bring in a Bill, to enable the Petitioner to grant any Lease, or Leases, of any Part or Parts of certain Estates in the County of Surry, devised by the Will of Sarah late Dutchess Dowager of Marlborough, for such Term of Years, and under and subject to such Conditions and Restrictions as shall be thought requisite and expedient:

It is Ordered, That the Consideration of the said Petition be, and is hereby, refered to Mr. Baron Smythe and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Proprietors of Salmon Fishery on the River Nyth, Leave for a Bill to repeal a private Act in Scotland relating thereto.

Upon reading the Petition of Charles Duke of Queensberry and Dover and others, Proprietors of the Salmon Fishing on the River Nyth in Scotland, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for repealing a Private Act of the Parliament of Scotland, passed in the Year 1681, intituled, "An Act concerning the Salmon Fishing on the River Nyth, the whole Fishing being in Danger of being lost, from the Privilege of Fishing being continued for the very Time in which the Fish spawn, which cannot otherwise be prevented than by repealing the said Act:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

E. of Sandwich & al. to qualify for an Office in Ireland, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Earl of Sandwich, Welbore Ellis Esquire, and Robert Nugent Esquire, to take in Great Britain the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland, and to qualify, themselves for the Enjoyment of the said Offices," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Raymond & al. Petition referred to Judges.

Upon reading the Petition of Jones Raymond Esquire Son and Heir of Hugh Raymond late of Langley in the County of Kent Esquire, deceased, Amey Burrell Widow of Peter Burrell the Elder Esquire, deceased, Peter Burrell Eldest Son of the said Peter Burrell the Elder, and William Burrell One other of the Sons of the said Peter Burrell Senior, deceased; praying Leave to bring in a Bill, for exchanging certain Lands in the Parishes of Beckenham and Lewisham, in the County of Kent; and to enable the Petitioners to grant Leases of certain Lands in the Town and Parish of Bromley in the said County, in such Manner as therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Baron Lloyd; 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.

Eight Millions, to raise by Annuities and a Lottery, 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 several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties; and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

After some Time, the House was resumed.

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

Ellis against Seagrave.

The House being moved, "That Wednesday the 20th Day of this Instant February may be appointed, for hearing the Cause wherein Welbore Ellis Esquire is Appellant and Neal Segrave Respondent; et e contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 20th of this Instant February, as desired.

Spencer, Leave for a Nat. Bill.

Upon reading the Petition of Maria Elizabeth Spencer, Wife of Richard Spencer of Hampstead in the County of Middlesex Esquire; praying Leave to bring in a Bill for her Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act for naturalizing [ (fn. 1) Maria Elizabeth] Spencer, Wife of Richard Spencer Esquire."

The said Bill was read the First Time.

Edwards against Carroll:

The House being informed, "That Robert Ruthven Cocking attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein Eleazer Edwards Merchant is Appellant, and James Griffith Carroll Esquire Respondent:"

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

D. of Devon against Wall & al.

After hearing Counsel fully in the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents:

It is Ordered, That the further Consideration of the said Cause be adjourned till Monday next; and that the Cause which stands for that Day be put off till Wednesday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eight Millions, to raise by Annuities and a Lottery, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties; and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

E. of Sandwich & al. to qualify for an Office in Ireland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Earl of Sandwich, Welbore Ellis Esquire, and Robert Nugent Esquire, to take in Great Britain the Oath of Office, as Vice Treasurer, Receiver General, and Paymaster General, of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by the same Messengers:

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

Sir Alex. Dick & al. Petition referred to Judges.

Upon reading the Petition of Sir Alexander Dick of Prestonfield Baronet, and of Janet and Ann Dicks his Daughters, Infants, by the said Sir Alexander Dick their Father and Guardian; and also of Sir John Cuninghame of Caprintoun Baronet, and of William and Alexander Montgomery Cuninghames, his Sons, Infants, by the said Sir John Cuninghame their Father and Guardian; praying Leave to bring in a Bill, to empower the Petitioner Sir Alexander Dick, and the other Heirs of Entail, to grant Tacks or Leases of any Part of the entailed Estate therein mentioned, and to charge reasonable Provisions thereon for such of their Children as do not succeed to the said entailed Estate:

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 Lloyd; 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.

Edwards against Carroll:

The House being informed, "That Robert Ruthven Cocking attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein Eleazer Edwards Merchant is Appellant, and James Griffith Carroll Esquire is Respondent:"

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Maitland against Gordon.

The House being moved, "That Wednesday the 22d Day of this Instant February may be appointed, for hearing the Cause wherein Major Arthur Maitland of Pittrichie is Appellant, and William Gordon Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 22d Instant, as desired.

Wilson to enter into a Recognizance on Fulton's Appeal.

The House being moved, "That Mr. John Wilson of the Parish of Saint Martin the Fields may be permitted to enter into a Recognizance for Robert Fulton and others, on account of their Appeal depending in this House; they being in Scotland:"

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

Wall and Twigg's Petition referred to Judges.

Upon reading the Petition of Mary Wall, Widow and Relict of George Wall late of Wensley in the County of Derby, Gentleman, deceased, for and on the Behalf of her Daughter Anna Maria Wall, an Infant, only Child and Heir of the said George Wall; and also of John Wall Gentleman, Father of the said George Wall, deceased, and Grandfather of the said Anna Maria Wall the Infant; and also of Lydia Twigg, Widow and Relict of John Twigg, late of Bonsall, in the said County of Derby Gentleman, deceased, for herself, and for and on Behalf of her Son John Twigg, Eldest Son and Heir of the said John Twigg the Father; praying Leave to bring in a Bill for granting Liberty to carry on a Sough or Drain through or under certain Lands and Grounds of the said Anna Maria Wall, and to consolidate the Shares of the said Anna Maria Wall and John Twigg, the Infants, in the several Lead Mines in the Petition mentioned; and for other Purposes therein expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Justice Wilmot; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Manor of Catton, &c. in Yorkshire, Leave for a Bill to enclose.

Upon reading the Petition of the Lord of the Manor and Soke of Catton in the County of York, within which Manor and Soke are contained the Townships of Low Catton, Upper Catton, Part of the Township of Stamford Bridge, Newton, Wilberfoss, and Full Sutton, the Rectors and Impropriators of the said several Townships, and the several other Persons whose Names are thereunto subscribed, having Lands and Right of Common in and upon the Open Fields and Commonable Land of and within the Townships aforesaid; praying Leave to bring in a Bill for dividing and enclosing the Open Fields, Common Meadow Grounds, and Commons, aforesaid; and for assigning certain Compensations to the Rectors and Impropriators of the said several Townships, in Lieu of their respective Tithes and Dues:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Money Bill passed by Commission.

The Lord Keeper acquainted the House, "That His Majesty had been pleased to grant a Commission under the Great Seal, for declaring His Royal Assent to a certain Act agreed upon by both Houses.

The House was adjourned during Pleasure, for the Lords Commissioners to robe.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Keeper in the Middle; with the Lord Privy Seal on his Right Hand; and the Lord Anson on his Left; commanded the Deputy Gentleman Usher of the Black Rod to let the Commons know, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Keeper said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be present here this Day in His Royal-Person, has been pleased to cause a Commission to be issued under His Great Seal, and thereby given His Royal Assent to a certain Act which hath been agreed upon by both Houses of Parliament, the Title whereof is particularly set forth. His Majesty hath also, by the said Commission, authorized and commanded the said Commissioners, who are appointed by former Letters Patent to hold this Parliament, to declare and notify, in His Majesty's Absence, His Royal Assent to the said Act, in this House, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read, by the Clerk, as follows:

"GEORGE R.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament, assembled, Greeting. Whereas We have seen, and perfectly understood, an Act, agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal and the Commons in this Our present Parlialiament assembled, and endorsed by you as hath been accustomed, the Title and Name of which Act hereafter doth particularly ensue; (that is to say,) "An Act for granting to His Majesty several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties; and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed." And albeit the said Act by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, is fully agreed and consented unto; yet, nevertheless, the same is not of Force and Effect in the Law, without Our Royal Assent given and put to the said Act: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Act, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Act; willing that the said Act, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same. And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons in Parliament assembled aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Sir Robert Henley Knight Keeper of Our Great Seal of Great Britain, to seal those Our Letters Patent with Our Great Seal of Great Britain; and also commanding Our most Dear and Entirely-beloved Grandson George Prince of Wales, Our most Dear and Entirely-beloved Son and Faithful Counsellor William Duke of Cumberland; the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our said Keeper of Our Great Seal of Great Britain; Our Right Trusty and Right Well-beloved Cousins and Counsellors John Earl Granville President of Our Council, Richard Earl Temple Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Rutland Steward of Our Household, William Duke of Devonshire Chamberlain of Our Household, John Duke of Bedford Lieutenant General and General Governor of Our Kingdom of Ireland, Archibald Duke of Argyll, Thomas Holles Duke of Newcastle First Commissioner of Our Treasury, Lionel Cranfield Duke of Dorset; Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Holdernesse One of Our Principal Secretaries of State, William Henry Earl of Rochford Groom of Our Stole, George Dunk Earl of Halifax, Granville Earl Gower Master of Our Horse, Philip Earl of Hardwicke; and Our Right Trusty and Well-beloved Counsellors George Lord Anson First Commissioner of Our Admiralty, and William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Act with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enrol these Our Letters Patent and the said Act in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf. And, finally, We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Act shall be taken, accepted, and admitted, a good, sufficient, and perfect Act of Parliament and Law, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. And whereas, by Our Letters Patent, bearing Date at Westminster, the Twelfth Day of November last past, We did give and grant unto the same Our most Dear Grandson, Our said most Dear Son, and to the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, full Power, in Our Name, to hold Our said Parliament, and to open and declare, and cause to be opened and declared, the Causes of holding the same, and to proceed upon the said Affairs in Our said Parliament, and in all Matters arising therein, and to do every Thing which for Us and by Us, for the good Government of Our said Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done; and also, if necessary, to continue, adjourn, and prorogue, Our said Parliament; We do hereby further declare, that Our said Letters Patent, and every Clause, Matter, and Thing, therein contained, are, and shall be, in as full Force and Strength (these Our Letters Patent, or any Thing herein notwithstanding) as if these Presents had not been had or made. And Our Will and Pleasure is, and We do ordain and constitute, that the same Our most Dear Grandson, Our said most Dear Son, and the said Archbishop of Canterbury, Keeper of Our Great Seal of Great Britain, President of Our Council, Keeper of Our Privy Seal, Steward of Our Household, Chamberlain of Our Household, Duke of Bedford, Duke of Argyll, Duke of Newcastle, Duke of Dorset, Earl of Holdernesse, Earl of Rochford, Earl of Halifax, Earl Gower, Earl of Hardwicke, Lord Anson, and Lord Mansfield, and any Three or more of them, shall put in Execution all the Powers and Authorities in the said Letters Patent mentioned and expressed, that yet remain to be done and executed. In Witness whereof, We have caused these Our Letters to be made Patent.

"Witness Ourself, at Westminster, the Fourth Day of February, in the Thirty-third Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Yorke and Yorke."

Which done, the Lord Keeper said,

"In Obedience to His Majesty's Commands, and by virtue of both the Commissions already mentioned to you (one whereof has been now read), we do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled, that His Majesty hath given His Royal Assent to the Act in the said last-mentioned Commission described; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk Assistant, having received the said Bill from the Hands of the Speaker, brought it to the Table; where the Deputy Clerk of the Crown read the Title thereof, as follows:

"An Act for granting to His Majesty several Duties upon Malt; and for raising the Sum of Eight Millions, by Way of Annuities and a Lottery, to be charged on the said Duties, and to prevent the fraudulent obtaining of Allowances in the gauging of Corn making into Malt; and for making forth Duplicates of Exchequer Bills, Tickets, Certificates, Receipts, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed."

To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then the Commons withdrew.

And the House was adjourned during Pleasure, for the Lords Commissioners to robe.

The House was resumed.

D. of Devon against Wall & al.:

The House (according to Order) resumed the adjourned Consideration of the Cause wherein His Majesty's Attorney General (for and on Behalf of His Majesty) and William Duke of Devonshire are Appellants, and John Wall and others Respondents.

And Consideration being had thereof accordingly:

The following Order and Judgement was made; (videlicet,)

Decree reversed, a Trial at Law directed, and Directions given.

"After hearing Counsel, as well on Wednesday the 23d, Thursday the 24th, Friday the 25th, Tuesday the 29th, and Thursday the 31st, Days of January, as on Friday last, upon the Petition and Appeal of His Majesty's Attorney General, Informant (for and on Behalf of His Majesty), and of the most Noble William Duke of Devonshire; complaining of a Decree of the Court of Chancery, of the 19th Day of February 1759; and praying, "That the same might be reversed; and that the Appellants might have such other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the joint and several Answer of John Wall, Henry Thornhill, Nicholas Twigg, Anthony Tissington, Peter Nightingale, Lydia Twigg Widow, John Twigg of Holme, Joseph James, George Norman, John Johnson, Pierce Galliard, Elizabeth Garland, Philip Gell, Elizabeth Creswell, Arthur Bulkley, Thomas Cripps, Grace Bramley, Thomas Bradshaw, and Thomas Thorton; and the joint and several Answer of John Creswell, Edward Creswell, Samuel Creswell, Mary Creswell, and Peggy Creswell, Infants, by Elizabeth Creswell, their Guardian; and likewise the Answer of John Twigg an Infant, by Lydia Twigg his Guardian; and the Answer of Edward Turner Esquire and Elizabeth his Wife, and Elizabeth Scholler Widow, put in to the said Appeal; and due Consideration 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 as is complained of by the said Appeal be, and the same is hereby, reversed: And it is hereby further Ordered, That the Parties do proceed to a Trial at Law, at the Bar of the Court of King's Bench, by a Special Jury of the County of Middlesex, at such Time as that Court shall appoint, on the following Issues; (videlicet,) "First, What Part of the Lead Ore got, dressed, and made merchantable, in Winster, in the District called The King's Field or The King's Fee, within the Hundred of High Peak, in the County of Derby, is, and ought to be, deemed Smytham or Offall, according to Custom used for Time immemorial within the said District? Secondly, Whether, by Custom used for Time immemorial within the said District called The King's Field or The King's Fee, that Part of the Lead Ore got, dressed, and made merchantable, in Winster aforesaid, which is, and ought to be, deemed Smytham or Offall, hath been, and of Right ought to be, exempted from answering to the King, His Farmers and Lessees, the Thirteenth Dish thereof for the Duty of Lot? And that the Respondents be Plaintiffs in the said Issues; and the Appellants, His Majesty's Attorney General for the King, and the Duke of Devonshire, be Defendants therein; and that the said Issues be settled by a Master of the Court of Chancery, if the Parties differ about the same; and, if upon such Trial the Jury shall find any Right different from what shall be particularly described in the Pleadings, the same shall be endorsed on the Record; and that all Court Rolls, Court Books, Surveys, Books of Accompt, Papers, and Writings, in the Custody or Power of the Appellants or Respondents, or any of them, relating to the Matters in Question, be produced before the said Master upon Oath, or be ascertained upon the Oath of such Persons, and be inspected in such Manner, and at such Time or Times before the said Trial, as the said Court of Chancery shall direct; and that any of the Parties be at Liberty to take Copies thereof, or of such Parts thereof as they shall think fit, at their own Expense; and that such of them as either Side shall give Notice of be produced at the said Trial; and that the Consideration of the Costs of this Suit, and of all further Directions, be reserved till after the said Trial shall have been had: And it is further Ordered, That the said Court of Chancery do give all necessary and proper Directions for carrying this Judgement into Execution; and that any of the Parties be at Liberty to apply to the said Court, as there shall be Occasion."

Adjourn.

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

DIE Martis, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Katherine Pelham against D. of Newcastle & al.

The Answer of the most Noble Thomas Holles Duke of Newcastle, One of the Respondents to the Appeal of the Right Honourable the Lady Katherine Pelham Widow and James West Esquire:

Also, the Answer of the Right Honourable Henry Earl of Darlington, another of the Respondents to the same Appeal:

And also, the Answer of Susanna Gregory Spinster, another of the Respondents to the same Appeal;

Were this Day brought in.

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

The Earl of Marchmont (pursuant to an Order of the 1st Instant) presented to the House a Bill, intituled, An Act for repealing an Act of the Parliament of Scotland, made in the Year One Thousand Six Hundred and Eighty-one, intituled, "Act anent the Salmon Fishing in the Water of Nith."

The said Bill was read the First Time.

Coleman & al. Petition referred to Judges.

Upon reading the Petition of Henry Coleman Gentleman and Ann Coleman his Wife, John Talbot Gentleman the Committee of the Person and Estate of James Taylor Gentleman a Lunatick, and George Coulton Clerk Vicar of the Parish Church of Evington in the County of Leicester; praying Leave to bring in a Bill, for making a Partition of the undivided Fifth Parts of certain Premises in the County of Leicester; and for settling what shall be allotted to each of the Parties upon such Partition to the same Uses as the several undivided Fifth Parts do now stand settled and limited respectively; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Foster and Mr. Justice Wilmot; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Strode's Petition referred to Judges.

Upon reading the Petition of William Strode of Punsborne in the County of Hertford Esquire, Eldest Son and Heir of William Strode late of Punsborne aforesaid Esquire, deceased, by Lady Ann Strode his Wife, also deceased, and of Ann Strode Widow, the Mother of the said William Strode, deceased, for herself and on the Behalf of James Strode, an Infant, Younger Son of the said William Strode, deceased; praying Leave to bring in a Bill, for Sale of certain settled Estates therein mentioned, in the County of Hertford; and for laying out the Money arising thereby in the Purchase of other Lands and Hereditaments, to be substituted in Lieu thereof, and settled to the same Uses:

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.

Sir Nicholas Carew's Petition referred to Judges.

Upon reading the Petition of Sir Nicholas Hackett Carew of Beddington in the County of Surry Baronet; praying Leave to bring in a Bill, to enable the Petitioner to perform a Contract therein mentioned, by making a Lease or Leases of certain Premises and a Fishery, in the Parishes of Mitcham and Moredon, in the County of Surry, pursuant thereto:

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 Smythe; 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.

Goodflesh's Divorce, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto; which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Mercurii, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Goodflesh's Divorce, Bill.

The Lord Willoughby of Parham (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the Bill, with the Amendments, be engrossed.

Bowles, Leave to present a Petition for a Bill:

Upon reading the Petition of Leonard Bowles of London Merchant, Committee of the Person and Estate of Thomas Beynon Esquire, a Lunatick; setting forth, That the Petitioner hath obtained an Order of the Court of Chancery, under which he hath Authority to apply for an Act of Parliament, for Sale of the Estate of the said Lunatick, to discharge Encumbrances affecting the same; but, the said Order being pronounced so late as the 21st Day of January last, the Petitioner could not get the same drawn up and passed through the proper Offices before the Expiration of the Time limited by Order of this House for receiving Petitions for Private Bills;" and therefore praying, "That their Lordships would be pleased to give the Petitioner Leave to present a Petition for that Purpose; the Time limited expiring but Yesterday:"

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

His Petition, for a Bill to sell Beynon's Estate, referred to Judges.

Upon reading the Petition of the said Leonard Bowles of London Merchant, Committee of the Person and Estate of Thomas Beynon Esquire, a Lunatick; praying Leave to bring in a Bill, for Sale of the Estate of the said Lunatick, to discharge Encumbrances affecting the same; and for laying out the Surplus Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be conveyed to the said Thomas (fn. 2) Beynon and his Heirs:

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 Smythe; 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.

Wilson & al. against Bayly & al.

After hearing Counsel in Part, in the Cause wherein Mark Wilson Gentleman and others are Appellants, and Thomas Bayly Esquire and Catharine his Wife Respondents:

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

Adjourn.

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

DIE Jovis, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Goodflesh's Divorce, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Mark Goodflesh Gentleman with Elizabeth Fielding his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Harris and Mr. Bonner:

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

E. Ferrers Commitment for Murder; the House acquainted with:

The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, acquainted the House, "That, on Friday last, Application was made to that Court, for a Writ of Habeas Corpus, to remove the Body of Lawrence Earl Ferrers, who was committed to Leicester Gaol for the Murder of John Johnson, upon the Coroner's Inquest; which the Court granted: But that his Lordship was informed Yesterday, That the said Earl had wrote a Letter, disclaiming any Application for the said Habeas Corpus; and desiring to continue in the County till an Indictment is preferred; and that he had not yet been brought up, pursuant to the said Writ of Habeas Corpus."

And thereupon a [ (fn. 3) Copy of the] said Commitment, filed in the Court of King's Bench, and of the Rule awarding the said Habeas Corpus, were read.

And Mr. John Crofts was called in; and, being sworn, at the Bar, gave an Account, "That he was employed, by Mrs. Shirley the said Earl's Mother and the Family, to apply for the said Hobeas Corpus; and that he sent the same into the Country, to Mr. Herrick, an Attorney; and that he had received an Answer from Mr. Herrick, enclosing a Letter of Earl Ferrers to the Purpose aforementioned."

And having proved the said Letter to be all of the Hand-writing of the said Earl, he being well acquainted with his Lordship's Hand-writing; he delivered it in to the Clerk.

And then he was directed to withdraw.

And the said Letter was read, as follows; videlicet,

"SIR,

"I have just received, by Mr. Lambert, a Copy of Habeas Corpus, obtained, at the Request of Mrs. Shirley, without my Consent. As I am certain I am not a Prisoner in the Court of King's Bench, and therefore not subject to the Direction of that Court; am determined not to remove till the Indictment is found, as I would chuse to be upon the Spot when that Matter comes before the Jury. Beg you'll take Care Mr. Lambert shall have no farther Trouble, as he is ready to obey the Writ; but I will not go.

"I am your obedient Servant,

"Saturday.

"Ferrers.

"To Mr. Thomas Herrick, Attorney."

Committee appointed to consider of proper Methods of proceeding in this Case:

Ordered, That all the Lords who have been present this Session be appointed a Committee, to consider of the proper Methods of proceeding in Cases of a Peer being accused of, and committed for, Murder; and to report to the House what they shall think proper thereupon.

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

The Judges to attend the Committee:

Ordered, That the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer, do attend the said Committee.

Coroner's Inquisition, &c. to be brought.

Ordered, That the Coroner for the County of Leicester do lay before this House a Copy of the Inquisition taken before him, on the View of the Body of John Johnson, relating to the Death of the said John Johnson; together with Copies of the Depositions taken thereupon.

Mrs. Spencer's Nat. Bill.

Maria Elizabeth Spencer took the Oaths appointed, in order to her Naturalization.

Bill read.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Maria Elizabeth Spencer, Wife of Richard Spencer Esquire."

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Account of Ships from Scotland in the Whale Fishery, &c. delivered.

The House being informed, "That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"An Account of what Number of Ships from Scotland have been employed in the Whale Fishery to Davis's Streights and the Greenland Seas; with their respective Names and Burthens, from whence they were fitted out, and at what Port they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported, from the 10th Day of October 1758."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

Ordered, That the said Account do lie on the Table.

Wilson & al. against Bayley & Ux.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mark Wilson Gentleman and Susanna Wilson Spinster, and of Catherine Motley and Elinor Motley Infants, by Joseph Verschoyle their next Friend and Guardian; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of December 1758; and praying, "That the same might be reversed and set aside; or that this House would vary and alter the same, and, instead thereof, make such other Order and Decree in the Premises as the Nature and Circumstances of the Case might require:" As also upon the Answer of Thomas Bayly Esquire and Catherine his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree, complained of by the said Appeal, as has adjudged all the Freehold and Leasehold Estates and Interests contained in the Will of Mark Tew the Elder, deceased, to the Respondent Catherine Bayly, and the Respondent Thomas Bayly in her Right, and has decreed them to be put and quieted in the Possession thereof, be, and the same is hereby, reversed: And it is hereby Declared, That the same, by virtue of the said Will, upon the Contingencies which have happened, were well devised to the Testator's Daughters Mary Sarah, and Catherine, as Tenants in common; and that One Third thereof belongs to the Respondent Catherine Bayly, and the Respondent Thomas Bayly in her Right; another Third to the Appellants Catherine and Elinor Motley; and the remaining Third of the Freehold Leases to be divided in Thirds between the Appellants Catherine and Elinor Motley, and the Respondents Catherine Bayly and Thomas Bayly in her Right, and the Appellant Mark Wilson; and that the remaining Third of the Charrel Leases belongs to Weldon Tarleton, Administrator of Mary Tarleton: And it is hereby Ordered, That the said Court of Chancery in Ireland do give such Directions as may be necessary for Partitions, Conveyances, and Delivery of Possession, according to the several Rights of the Parties herein before declared: And it is further Ordered and Adjudged, That the rest of the said Decree be, and the same is hereby, affirmed.

Adjourn.

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

DIE Veneris, 8^o Februaril.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. K. Pelham against L. Vane & al.

The Answer of the Right Honourable William Lord Viscount Vane of the Kingdom of Ireland, to the Appeal of the Right Honourable the Lady Katherine Pelham and James West Esquire, was brought in.

D. of Marlborough takes his Seat.

This Day George Duke of Marlborough sat first in Parliament, after the Death of his Father Charles Duke of Marlborough; his Grace having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Adjuration, pursuant to the Statutes.

Report of Committee concerning the Method of bringing up E. Ferrers.

The Lord Delawar reported from the Lords Committees appointed to consider of the proper Methods of proceeding in Cases of a Peer being accused of, and committed for, Murder: "That the Committee have met, and taken into Consideration the Matter to them referred; and are of Opinion, That Lawrence Earl Ferrers, who stands committed, upon the Warrant of William Tilly Junior, Coroner for the County of Leicester, for the Murder of John Johnson, to the Gaol: of the said County, be brought up, in safe Custody, to the Bar of this House; and that a Writ of Habeas Corpus be issued for that Purpose, under the Great Seal, returnable before this House immediately; and that the Gaoler in whose Custody the said Lawrence Earl Ferrers is do take particular Care that the said Earl be securely brought up to the Bar of this House accordingly."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing an Act of the Parliament of Scotland, made in the Year One Thousand Six Hundred and Eightyone, intituled, An Act anent the Salmon Fishing in the Water of Nith."

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

Their Lordships, or any Five of them; to meet on Monday the 18th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Woodhall Moor Enclosure, Bill.

The Lord Bishop of Saint Asaph (pursuant to an Order of the 31st of January last) presented to the House a Bill, intituled, "An Act for dividing and enclosing a certain Common, or Open Piece of Waste Ground, in the Parish or Township of Harthill with Woodhall, in the County of York."

The said Bill was read the First Time.

Adjourn.

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