House of Lords Journal Volume 29: February 1760, 11-20

February 1760, 11-20

DIE Lunæ, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Woodhall Moor Enclosure, Bill.

Hodie 2^a vice lecta est Billa, 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."

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 the 26th 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.

Wall & al. supplemental Petition referred to the same Judges as the former Petition.

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; setting forth, "That the Petitioners and others have presented a Petition, for Leave to bring in a Bill, for carrying on a Sough or Drain through or under some Part of their Estate in the said Petition mentioned; but, since presenting the said Petition, it has been found necessary the said Anna Maria Wall the Infant should be enabled to grant Leases of the said Estate, or some Part thereof;" and therefore praying, "That Provision may be made in the said Bill, to enable the said Infant to grant such Leases, in such Manner as to their Lordships shall seem reasonable:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the same Judges to whom the said former Petition stands referred.

Adjourn.

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

DIE Martis, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Freeman, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Freeman Esquire and Elizabeth his Wife; 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 vesting the Inheritance of certain Estates, in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof."

Coroner's Inquest, and Depositions, relating to E. Ferrers, delivered:

The House being informed, "That Francis Grimmett attended, with a Copy of the Inquisition taken before the Coroner for the County of Leicester, relating to the Death of John Johnson; and also Copies of the Depositions taken thereupon, pursuant to their Lordships Order of the 7th Instant:"

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 at the Coroner's House in the said County."

And then he was directed to withdraw:

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

Deputy Serjeant at Arms gives an Account of serving the Writ of Habeas Corpus.

The House being also informed, "That Robert Appleyard, Deputy to the Serjeant at Arms attending the Great Seal, attended:"

He was called in; and being sworn at the Bar, and examined, gave an Account, "That, on Friday last, in the Evening, he received, from the said Serjeant at Arms, a Writ of Habeas Corpus, under the Great Seal, directed to the Keeper of the Gaol of the County of Leicester; for removing Lawrence Earl Ferrers, returnable immediately before the Lords in Parliament; and that, on Saturday last, between the Hours of Twelve and One in the Afternoon, he delivered the said Writ of Habeas Corpus to John Lambert; Keeper of the said Gaol, and took a Receipt of the said John Lambert on the Label of the said Writ; and at the same Time served the said John Lambert with a Copy of their Lordships Order of the 8th Instant, for bringing the said Earl to the Bar of this House, shewing him at the same Time the original Order."

And then delivered in the said original Order; and also the said Receipt.

And then he was directed to withdraw.

Coopey & al. Leave for a Bill, to take the Name and Arms of Brent.

Upon reading the Petition of John Brent of All Souls College in the University of Oxford Doctor of Physick, formerly called John Coopey, and of Humpbry Brent Coopey of the City of Bristol Clerk; praying Leave to bring in a Bill, to enable the Petitioners, and their Issue Male, respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent Esquire, deceased:

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

Mure against Campbell & al.

Upon reading the Petition and Appeal of William Mure of Caldwell Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 5th of February instant; and praying, "That the same may be reversed; and that Daniel Campbell and William Graham may be required to answer the said Appeal; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet:"

It is Ordered, That the said Daniel Campbell and William Graham 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 11th Day of March next; and Service of this Order upon any of their Procurators or Agents shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli 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.

E. Ferrers brought to the Bar:

The House being informed, by the Gentleman Usher of the Black Rod, "That John Lambert, Keeper of the Gaol at Leicester, was attending, with his Prisoner Lawrence Earl Ferrers, pursuant to their Lordships Order on Friday last:"

It was moved, "That the Copy of the Inquisition taken before the Coroner for the County of Leicester, relating to the Death of John Johnson, together with the Copies of the Deposition taken thereupon, which were laid before the House Yesterday, might be read."

And the same were read by the Clerk accordingly.

Then the said John Lambert the Gaoler, by the Direction of the House, brought the said Lawrence Earl Ferrers, his Prisioner, to the Bar; where his Lordship kneeled, till he was acquainted by the Lord Keeper, "That he might rise."

And the said Gaoler delivered in the Writ of Habeas Corpus, and the Return, with a Copy of the Coroner's Commitment.

And the same were read.

And the Lord Keeper acquainted the said Earl, That, if he had any Thing to say to the House, this was a proper Occasion."

But his Lordship not offering any Thing material, the Gaoler was ordered to take him from the Bar; but was directed to attend without.

The Earl ordered into Custody of the Black Rod:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do immediately take into his Custody the Body of the said Lawrence Earl Ferrers; and this shall be a sufficient Warrant in that Behalf.

To the Honourable Sir Henry Bellenden, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Then, by the Direction of the House, the said Earl Ferrers was brought again to the Bar by the Gaoler, and delivered into the Custody of the Gentleman Usher of the Black Rod; and the Gaoler was told, "He was discharged of his Prisoner."

And then he was directed to withdraw.

and committed to The Tower:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lawrence Earl Ferrers shall be, and he is hereby, committed Prisoner to His Majesty's Tower of London; there to be kept in safe Custody, until he shall be delivered by due Course of Law; and this shall be a sufficient Warrant in that Behalf.

To the Right Honourable Charles Earl Cornwallis, Constable of His Majesty's Tower of London; and, in his Absence, to the Lieutenant of the said Tower, or his Deputy.

Black Rod to convey him to The Tower.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, in whose Custody the said Lawrence Earl Ferrers now is, do convey the said Lawrence Earl Ferrers to His Majesty's Tower of London.

To the Honourable Sir Henry Bellenden, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Coopey to take the Name and Arms of Brent, Bill.

The Lord Willoughby of Parham (pursuant to an Order of Yesterday) presented to the House a Bill, intituled, "An Act to enable John Coopey Doctor of Physick, and Humphry Brent Coopey his Brother, and their Issue Male, respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent, late of The Middle Temple, London, Esquire."

The said Bill was read the First Time.

Mrs. Spencer's Nat. Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Maria Elizabeth Spencer," 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 said Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Freeman's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Inheritance of certain Estates in the County of Northampton, Part of the entailed Estate of John Freeman Esquire, in him, in Fee Simple; and for settling other Estates, in the Counties of Wilts and Middlesex, in Lieu thereof."

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

Their Lordships, or any Five of them; to meet on Thursday the 28th 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.

Adjourn.

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

DIE Veneris, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Black Rod's Information, that he had conveyed E. Ferrers to The Tower.

The Gentleman Usher of the Black Rod informed the House, "That, in Pursuance of their Lordships Order, he did, on Wednesday last, convey Lawrence Earl Ferrers to His Majesty's Tower of London, and delivered him to the Lieutenant of the said Tower."

Coopey to take the Name and Arms of Brent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Coopey Doctor of Physick, and Humphry Brent Coopey his Brother, and their Issue Male respectively, to take and use the Surname and Arms of Brent, pursuant to the Will of Humphry Brent, late of The Middle Temple, London, Esquire."

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 the 21st 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.

Governors of Charterhouse, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Governors of The Charterhouse; 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 to enable the Governors of the Hospital of King James, founded in Charterhouse, to grant Building or other Leases of some Parts of the Estates of the said Hospital, lying in the Parish of Saint James, Clerkenwell, and elsewhere in the County of Middlesex, for such Terms of Years as are therein mentioned."

Sulgrave Common, Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:

With a Bill, intituled, "An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties of Sulgrave, in the County of Northampton;" to which they desire the Concurrence of this House.

Trapaud & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Peter Trapaud, Nicholas Battier, Christopher Battier, John Ralph Battier, Abel Mitz, Peter Aubertin, John William Smith, Gabriel Anthony Ernst, Frederick Nicholas Graff, Emanuel Philip Bize, and David Samuel Henry Duveluz;" to which they desire the Concurrence of this House.

Hammet to take the Name of Hamlya, Bill.

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

With a Bill, intituled, "An Act to enable James Hammett Esquire and his Issue to take and use the Surname of Hamlyn only;" to which they deisre the Concurrence of this House.

Mrs. Spencer's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Mania Elizabeth Spencer, Wife of Richard Spencer Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Lady Forbes against Lord Forbes.

After hearing Counsel in Part, in the Cause wherein Dorothea Dale Lady Dowager of Forbes is Appellant, and James Lord Forbes Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the Cause which stands appointed for that Day be put off to Friday next; and that the other Causes be removed in Course.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & 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.

Hammett to take the Name of Hamlyn, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable James Hammett Esquire and his Issue to take and use the Surname of Hamlyn only."

Sulgrave Enclosure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, within the Parish, Township, and Liberties, of Sulgrave, in the County of Northampton."

Trapaud & al. Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Peter Trapaud, Nicholas Battier, Christopher Battier, John Ralph Battier, Abel Mitz, Peter Aubertin, John William Smith, Gabriel Anthony Ernst, Frederick Nicholas Graff, Emanuel Philip Bize, and David Samuel Henry Duveluz."

Catton, Yorkshire, Enclosure, Bill.

The Lord Sandys (pursuant to an Order of the 4th Instant) presented to the House a Bill, intituled, "An Act for dividing and enclosing several Open Fields, Commons or Wastes, and Common Meadow Grounds, within the Manor and Soke of Catton, in the County of York."

The said Bill was read the First Time.

Governors of the Charterhouse, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Governors of the Hospital of King James, founded in Charterhouse, to grant Building or other Leases of some Parts of the Estate of the said Hospital, lying in the Parish of St. James, Clerkenwell, and elsewhere in the County of Middlesex, for such Terms of Years as are 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 Tuesday the 4th 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.

Gordon against Maitland.

A Petition of William Gordon, Trustee of Catherine and Ann Maitland, Respondent in a Cause depending in this House, wherein Major Arthur Martland of Pittrichie is Appellant, was presented, and read; praying, "In regard the Petitioner finds it impossible to instruct Counsel, so as to be prepared for the Hearing of the said Cause at the Time the same stands now appointed; that their Lordships would be pleased to put off the said Hearing to Friday the 21st Day of March next, or to such other Day as their Lordships shall please to appoint."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Friday the 21st Day of March next, as desired; to be then heard peremptorily.

Lady Forbes against Lord Forbes:

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Dorothea Dale Lady Dowager of Forbes; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 3d of July 1753; and of Part of a Second Interlocutor of the Lords of Session, of the 2d of August 1758; and likewise of Two Interlocutors of the said Lords, of the 2d of January and 9th of March 1759; and praying, "That the same might be reversed, varied, or altered; and that the Appellant might have such other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of James Lord Forbes 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 the said several Interlocutors and Parts of Interlocutors complained of in the said Appeal be, and the same are hereby, reversed; but that this Reversal be without Prejudice to the Question concerning the Interest of the Heretable Debts affecting the Estate of Forbes, when the Reasons of Reduction shall be heard and discussed pursuant to the Directions herein after given: And it is hereby Declared, That the Appellant has the Right of entering Vassals, and of presenting Ministers, upon the Estate in Question: And it is hereby Ordered, That so much of the First Interlocutor of the 2d of August 1758, as finds, "That the Lady Dowager Forbes is not liable to make good a Sum to the Lord Forbes, in Consideration of an Aliment to her Daughters, in respect that, before the Contract 1735, and thereafter, they were alimented aliunde," be confirmed: And it is further Ordered, That these Causes be remitted back to the Court of Session; and that the said Court do hear and discuss the Reasons of Reduction in both Suits, and proceed therein according to Law and Justice; And it is also Ordered, That the said Court of Session do give all necessary and proper Directions for carrying this Judgement into Execution.

Adjourn.

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