House of Lords Journal Volume 33
February 1773, 1-10

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History of Parliament Trust

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1767-1830

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501-513

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'House of Lords Journal Volume 33: February 1773, 1-10', Journal of the House of Lords volume 33: 1770-1773 (1767-1830), pp. 501-513. URL: http://www.british-history.ac.uk/report.aspx?compid=113575 Date accessed: 16 September 2014.


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Contents

Die Lunæ, 1o Februarii 1773.
Welby against D Rutland: Older affirmed. His Majesty’s Answer to congratulatory Address. Andrews et Ux. Petition referred to Judges. Adderleys’s Petition referred to Judges. Thanks to the Bp. of Pe terborough for his Sermon. Turner’s Petition referred to Judges. Sir George Colebrooke et Ux, Petition referred to Judges. Burn et al against the Magistrates of Kingshorn. Sir Carles Cocks, Leave for a Bill: Bill read. Catherine’s Petition refered to Judges. Livingstone against Warrock, Hearing appointed ex-parte. Adjourn. Die Martis, 2o Februarii 1773.
E. Scarbrough et Ux. Petition referred to Judges. Whichcote et al. Petition referred to Judges. Message from H. C. to return Nat. Bill. Indemnity Bill. Gunpowder, making of, at Old Forge Farm, Bill. Vicar, &c. of Greenwich, Petition referred to Judges. Sir Thomas Miller et Ux. Petition referred to Judges. M’Cullochs Petition referred to Judges. Wogan et Ux Petition referred to Judges. Gordon for a Bill to dissolve his Marriage. Kircudbright Claim of Peerage. Tardebigg Enclosure Act, to obviate Doubts in, Bill. Hepburn and Cheape against Aikman. Sir Charles Cocks, Estate Bill. Bruce against Carstairs, Hanving appointed ex-parte. Naturalizing Foreign Protestant Bill. Hepburn and Cheape against Aikman. Sir Gilbert Elliot et al. against Sir Harry Seton et al. Countess of Blesinton and Forbes for an Exemplification, Bill. Hepburn and another against Aikman. Curchod’s Nat. Bill. Adjourn. Die Mercurii, 3o Februarii 1773.
L. Milton against Edgeworth et al: Judgement. Greene for a Divorce Bill. Countess of Shaftesbury Petition referred to Judges. Henrey et al. Petition referred to Judges. Turner Petition referred to Judges. Gwynne et al. Petition referred to Judges. Gee and Sir James Pennymans Petition referred to Judges. Tardebigg Enclosure, to obviate Doubts in, Bill. Indemnity Bill. Curchod’s Nat. Bill. Cochran to enter into Recognizance on But n et al. Appeal. Mayor, &c. of Newark Petition referred to Judges. Adjourn. Die Jovis, 4o Februarii 1773.
Bowerbank for a Divorce Bill. Cade for a Divorce Bill. Theobald’s Petition referred to Judges. Alexander against Montgomery and Co.; Petition to amend Appeal. Newton against Newton and Lee. Sir Edward Blackett et al. Petition referred to Judges. Spottiswoode to enter into Recognizance on Sir G Elliot et al. Appeal Indemnity Bill. Gowland et al Petition for a Bill. Naturalizing Foreign Protestants Bill. Adjourn. Die Veneris, 5o Februarii 1773.
Duncans and Steven against Fouke and Stormonth Interlocutors affirmed. Mawdesley’s Petition referred to Judges. Dean of Peterborough et al. Petition referred to Judges. E Macclesfield et Ux. Petition referred to Judges. Speltman et Ux Petition referred te Judges. Harman et al. Petition referred to Judges. Child et al. Petition referred to Judges. Sir Gregory Turner et al. Petition referred to Judges. Yateman Against Cox et al. Gunpowder, making of, at Old Forge Farm, Bill. Indemnity Bill: Message to H. C. that the Lords have agreed to it. Bolts against Attorney General and East India Company. Bp. of Winchester et al Petition referred to Judges. Kennion against Gardner et al. Dickson against E. Hyndford et al. Adjourn. Die Lunæ, 8o Februarii 1773.
Tardebigg Enclosure Act, to obviate Doubts in, Bill. Curchod’s Nat. Bill. Naturalizing Foreign Protestants Bill. E Hopetoun and L Hope, Leave for a Bill: Bill read. B. Blesinton’s Exemplification Bill. Adjourn. Die Mercurii, 10o Februarii 1773.
Parkhill against Chalmers et al. Naturalizing Foreign Protestants Bill: Message td H. C with it. Hay against M. Tweeddale; Petition to amend Appeal. E. Hopetoun’s Estate Bill. Marston to enter into Recognizance on Hepburn’s Appeal. Tardebigg Enclosure Act, to obviate Doubts in, Bill: Curchod’s Nat. Bills. Message to H. C. that the Lords have agreed to the Two preceding Bill. Adjourn. Footnotes

Die Lunæ, 1o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.Ds. Apsley, Cancellarius.Ds. Paget.
Epus. Litch. & Cov.Comes Gower, Præses.Ds. Cathcart.
Dux Beaufort.Ds. Edgecumbe.
Dux Athol.Ds. Hyde.
Dux Chandos.Ds. Mansfield.
Comes Hertford, Camerarius.Ds. Lyttelton.
Comes Denbigh.Ds. Scarsdale.
Comes Westmorland.Ds. Boston.
Comes Sandwich.Ds. Camden.
Comes Abercorn.
Comes Marchmont.
Comes Rosebery.
Comes Granville.
Comes Macclesfield.
Viscount Say & Sele.
Viscount Wentworth.

PRAYERS.

Welby against D Rutland:

After hearing Counsel this Day upon the Petition and Appeal of William Welby Esquire, complaining of an Order of the Court of Chancery, of the 18th of June 1771; and praying, “That the same might be reversed, or 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 the Most Noble John Duke of Rutland, put in to the Said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Older affirmed.

It is Ordered and Adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the Said Petition and Appeal be, and is hereby dismissed this House, and that the Said Order therein complained of be, and the same is hereby affirmed.

His Majesty’s Answer to congratulatory Address.

The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Thursday last, of Congratulation on the Birth of a Prince; and that His Majesty was pleased to accept the same very graciously, and to Say, “That he received it as a fresh Mark of the Duty and Affection of this House to His Person and Family.”

Andrews et Ux. Petition referred to Judges.

Upon reading the Petition of William Andrews of Andover in the County of Southampton Gentleman, and Sarah his Wife, (late Sarah Savery Spinster), for themselves, and on the Behalf of John Andrews and Charles Savery Andrews their Children; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Adderleys’s Petition referred to Judges.

Upon reading the Petition of Charles Bowyer Adderley Esquire, Ralph Adderley Esquire, Mary Adderley and Frances Adderley Spinsters; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Thanks to the Bp. of Pe terborough for his Sermon.

Ordered, That the Thanks of this House be, and are hereby given to the Lord Bishop of Peterborough, for the Sermon by him preached before this House on Saturday last in the Abbey Church Westminster and that he be desired to cause the same to be forthwith printed and published.

Turner’s Petition referred to Judges.

Upon reading the Petition of Charles Turner Esquire; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrott, 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 George Colebrooke et Ux, Petition referred to Judges.

Upon reading the Petition of Sir George Colebrooke Baronet and Dame Mary his Wife; praying Leave to bring in a Bill for the Purposes in the Petition men tioned:

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.

Burn et al against the Magistrates of Kingshorn.

Upon reading the Petition and Appeal of Samuel Burn, David Gilchrist, John Aitken, and others, Burgesses and Inhabitants of the Borough of (fn. 1) Kingshorn, Complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 17th of January, 17th of July, and 2d of August 1770; and of Four Interlocutors of the Lords of Session there, of the 22d of January, 27th of February, 5th of March, and 18th of July 1771; as also of Three other Interlocutors of the said Lord Ordinary, of the 21st of January, 5th of February, and 20th of February 1772; and also of Four other Interlocutors of the said Lords of Session, of the 23d of June and 4th of July 1772, and Two of the 12th of January last; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Hamilton Provost, and the other Magistrates and Counsellors of the Borough of (fn. 1) Kingshorn, may be required to answer the said Appeal:”

It is Ordered, That the said Robert Hamilton, and the said other Magistrates and Counsellors of the Borough, of (fn. 2) Kingshorn, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Monday the 1st Day of March next; and Service of this Order upon the said Respondents, or upon any of their known Counsel or Agents in the said Court of Session in Scotland shall be deemed good Service.

Sir Carles Cocks, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Sir Charles Cocks Baronet; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charles Cocks Baronet; in Trustees, to be sold and for enfranchising certain Copyhold or Customary Lands within the Manor of Reigate, in the County of Surrey; and for laying out the Money arising by such Sale and Enfranchisement in the Purchase of other Lands to be settled to the same Uses.”

Catherine’s Petition refered to Judges.

Upon reading the Petition of Mary Catherine Cartwright, the Widow and Relict of Thomas Cartwright, late of Aynho, in the County of Northampton, Esquire, deceased, on Behalf of her Son William Ralph Cartwright an Infant; praying Leave to bring in a Bill for the Purposes in the Petition 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 Willes, who are forthwith to Summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the Scate 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.

Livingstone against Warrock, Hearing appointed ex-parte.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Alexander Livingstone Esquire of Westquarter is Appellant, and James Warrock is Respondent, ex-parte, the Respondent not having put in his Answer, though peremptorily ordered so to do:”

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondent put in his Answer in the mean Time.

Adjourn.

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

Die Martis, 2o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Willoughby Far.
Archiep. Ebor.Comes Gower, PraæsesDs. Paget.
Epus. Londin.Dux Bolton.Ds. Craven.
Epus. Eliens.Dux Ancaster, Magnus Camerarius.Ds. Cathcart.
Epus. Wigorn.Dux Chandos.Ds. Trevor.
Epus. Cicestrien.Dux Bridgewater.Ds. Masham.
Epus. Lincoln.Comes Denbigh.Ds. Ravensworth.
Epus. Meneven.Comes Westmorlond.Ds. Manfield.
Epus. Asaphen.Comes Sandwich.Ds. Scarsdale.
Epus. Landaven.Comes Donbigh.Ds. Boston.
Epus. Petriburg.Comes Holdernesse.Ds. Camden.
Epus. Cestrien.Comes Coventry.Ds. Sunbridge.
Epus. Litch. & Cov.Comes Abercorn.
Comes Loudoun.
Comes March.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Granville.
Comes Kerr.
Comes Waldegrave.
Comes Hardwicke.
Comes Darlington.
Comes De Lawarr.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

E. Scarbrough et Ux. Petition referred to Judges.

Upon reading the Petition of the Right Honourable the Earl of Scarbrough, and the Right Honourable Barbara Countess of Scarbrough his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Coutt 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.

Whichcote et al. Petition referred to Judges.

Upon reading the Petition of Thomas Whichcote Esquire, Christopher Whichcote Esquire, and Jane his Wife; praying Leave to bring in a Bill for the Purposes in the Petition 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 Willes, 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.

Message from H. C. to return Nat. Bill.

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

To return the Bill, intituled, “An Act for naturalizing John Gotilob Neuman;” and to acquaint this House, that they have agreed to the same, without any Amendment.

Indemnity Bill.

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

With a Bill, intituled, “An Act to indemnifying such Persons as have omitted to qualify themselves for Offices and Employments, within, the Time limited by Law; and for giving further Time for that Purpose; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors;” to which they desire the Concurrence of this House.

Gunpowder, making of, at Old Forge Farm, Bill.

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

With a Bill, intituled, “An Act to enable certain Persons therein named, to continue to work a Pestle Mill heretofore employed and used in making (fn. 3) Battle Gunpowder at Old Forge Farm, in the Parish of Tonbridge, in the County of Kent;” to which they desire the Concurrence of this house.

The said Two Bills were, severally, read the First Time.

Vicar, &c. of Greenwich, Petition referred to Judges.

Upon reading the Petition of the Vicar, Churchwardens, Overseers of the Poor, and Parishioners of the Parish of Greenwich, in the County of Kent, in Vestry assembled; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Sir Thomas Miller et Ux. Petition referred to Judges.

Upon reading the Petition of Sir Thomas Millar Baronet, for himself, and on Behalf of Susanna Miller and Hannah Miller, his only Children by Hannah his First Wife, and the said Sir Thomas Miller and Dame Elizabeth his Wife for themselves, and on Behalf of John Miller, Elizabeth Miller, and Ann Miller, their Instant Children; praying Leave to bring in a Bill, for the Purposes in the Petition 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.

M’Cullochs Petition referred to Judges.

Upon reading the Petition of John M’Culloch of Barholm the Elder, and John M’Culloch of Barholm the Younger, Esquires; praying Leave to bring in a Bill for effectuating a Sale of such Part or Parts of the Estate of Barholm in the Petition mentioned as shall be sufficient for Payment of the Debts affecting the same; and for settling the Remainder thereof in Tail on the same Series of Heirs, and in the same Manner, as is mentioned in the Deed of Entail made in the Year One thousand seven hundred and sixty-two:

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.

Wogan et Ux Petition referred to Judges.

Upon reading the Petition of John Wogan Esquire and Elizabeth his Wife; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is 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. 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.

Gordon for a Bill to dissolve his Marriage.

Upon reading the Petition of John Gordon; praying Leave to bring in a Bill to dissolve his Marriage with John Norris Fisher his now Wife, 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.

Kircudbright Claim of Peerage.

Upon reading the Petition of Lieutenant John Mac Clellan, of His Majesty’s 30th Regiment of Foot, (claiming the Title, Honour, and Dignity, of) Lord Kircudbright; setting forth, “That the Committee on the Petitioner’s Claim to this Peerage being revived;” and therefore praying their Lordships “To appoint the same to be heard at the Bar, before the Lords Committees of Privileges on Monday the 1st of March next, or on such other Day as to their Lordships shall seem proper:”

It is Ordered, That the Committee of Privileges do meet to consider of the said Claim on Monday the 1st of March next; and that Notice thereof be given to His Majesty’s Attorney General, and the Lord Advocate for Scotland.

Tardebigg Enclosure Act, to obviate Doubts in, Bill.

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

With a Bill, intituled, “An Act for obviating Doubts touching the Validity of the Proceedings of the Commissioners appointed by an Act, passed in the Eleventh Year of the Reign of His present Majesty, “for dividing and enclosing certain Lands therein mentioned in that Part of the Manor of Tardebigg which lies in the County of Worcester;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hepburn and Cheape against Aikman.

Upon reading the Petition and Appeal of John Hepburn Surgeon in Edinburgh, and William Cheape Linen Manufacturer there, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 10th and 19th Days of December 1772; and also of an Interlocutor of the Lord Ordinary there, of the 14th Day of January last; and praying, “That the same may be reversed or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that George Aikman of Glasgow Merchant, may be required to answer the said Appeal:”

It is Ordered, That the said George Aikman may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Tuesday the 2d Day of March next; and Service of this Order upon the said Respondent, or upon his known Agent, Solicitor, Counsel, or Procurators, in the said Court of Session in Scotland, shall be deemed good Service.

Sir Charles Cocks, Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting several Fee-Farm and other Rents, Part of the Settled Estates of Sir Charle Cocks Baronet, in Trustees, to be sold; and for enfranchising certain Copyhold or Customary Lands, within the Manor of Ragate, in the County of Surry; and for laying Dut the Money arising by such Sale and Enfranchisement in the Purchase of other Lands, to the settled:o the same Uses.”

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

Ld. President.L. Abp. Canterbury.L. Willoughby Par.
D. Bolton.L. Abp. York.L. Paget.
D. Ancaster.L. Bp. London.L. Craven.
D. Chandos.L. Bp. Ely.L. Cathcart.
D. BridgewaterL. Bp. Worcester.L. Trevor.
E. DenbighL. Bp. Chichester.L. Masham.
E. Westmorland.L. Bp. Lincoln.L. Ravensworth.
E. Sandwich.L. Bp. St. Davids.L. Mansfield.
E. Doncaster.L. Bp. St. Asaph.L. Scarsdale.
E. Holdernesse.L. Bp. Landaff.L. Boston.
E. Coventry.L. Bp. Peterborough.L. Camden.
E. Abercorn.L. Bp. Chester.L. Sundridge.
E. Loudoun.L. Bp. Litch. & Cov.
E. March.
E. Marchmont.
E. Rosebery.
E. Oxford.
E. Strafford.
E. Dartmouth.
E. Granville.
E. Kerr.
E. Waldegrave.
E. Hardwicke.
E. Darlington.
E. De Lawarr.
V. Say & Sele.
V. Weymouth.
V. Falmouth.
V. Wentworth.

Their Lordships, or any Five of them, to meet on Wednesday the 17th 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.

Bruce against Carstairs, Hanving appointed ex-parte.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Miss Anna Bruce, Daughter of the deceased Sir John Bruce of Kinross Baronet, is Appellant, and James Bruce Carstairs is Respondent ex-parte the Respondent not having put in his Answer, though peremptorily ordered so to do:”

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondent put in his Answer in the mean Time.

Naturalizing Foreign Protestant Bill.

The Order of the Day being read for the House to be in a Committee upon the Bill, intituled, “An Act to extend the Provisions of An Act made in the Fourth Year of the Reign of His late Majesty King George the Second, intituled, “An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relates to the Children of the natural-born Subjects of the Crown, of England, or of Great Britain;” and for the Lords to be summoned.

The House was adjourned during Pleasure, and put into a Committee thereupon:

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, “That they had made a Progress therein:”

Ordered, That the House be again put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.

Hepburn and Cheape against Aikman.

The Answer of George Aikman of Glasgow Merchant, to the Appeal of John Hepburn Surgeon in Edinburgh and William Cheape Linen Manufacturer there, was this Day brought in.

Sir Gilbert Elliot et al. against Sir Harry Seton et al.

Upon reading the Petition and Appeal of Sir Gilbert Elliot of Miorto Baronet Gilbert Elliot Esquire Younger of Miorto, Alexander Kincaid Bookseller in Edinburgh, and John Pringle and John Mackenzie both Writers to the Signet, Trustees appointed by the deceased Charles Murray Esquire, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 21st of January 1772; and also of Two Interlocutors of the Lords of Session there, of the 21st of November 1772 and 21st of January last; and praying, “That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir Harry Seton Baronet, Alexander Hay of Drunmelzier, and William Hay Younger of Drummelzier, may be required to answer the said Appeal:”

It is Ordered, That the said Sir Harry Seton, Alexander Hay, and William Hay, 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 2d Day of March next; and Service of this Order upon the known Agents, Solicitors, or Counsel, of the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Countess of Blesinton and Forbes for an Exemplification, Bill.

Upon reading the Petition of the Right Honourable Elinor Countess of Blesinton, Widow and Relict of the Right Honourable William Earl of Blesinton, in the Kingdom of Ireland, deceased, and the Honourable John Forbes Admiral of the White Squadron of His Majesry’s Royal Navy; praying Leave to bring in a Bill for making the Exemplification of the last Will and Testament of the said William Earl of Blesinton deceased, Evidence as well in Ireland as Great Britain:

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

Hepburn and another against Aikman.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Hepburn Surgeon in Edinburgh and another, are Appellants, and George Aikman of Glasgow Merchant is Respondent:”

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.

Curchod’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing John Francis Curchod;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

Die Mercurii, 3o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens. Ds. Apsley, Cancellarius.Ds. Willoughby Par.
Epus. Wigorn.Comes Gower, Præses.Ds. Cathcart.
Epus. Meneven.Dux Athol.Ds. Vere.
Epus. CestrienComes Westmorland.Ds. Hyde.
Epus. Litch. & Cov.Comes Abercorn.Ds. Mansfield.
Comes Marchmont.Ds. Scarsdale.
Comes Rosebery.Ds. Boston.
Comes Oxford.Ds. Camden.
Comes Radnor.
Viscount Wentworth.

PRAYERS.

L. Milton against Edgeworth et al:

After hearing Counsel this Day upon the Petition and Appeal of the Right Honourable Joseph Lord Milton, complaining of an Order of the Court of Exchequer in Ireland, of the 25th of November 1771; and praying, “That the same might be reversed, or 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 Moor Edgworth, Damer Edgworth, and John Magill, 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 Order complained of in the said Appeal be, and the same is hereby affirmed, with this Addition, videlicet, (that the Appellant be at Liberty, at such Trial, to read the Answer of John Darner Esquire, filed the Eighth Day of May One thousand seven hundred and fifty-eight, to the Bill filed by Packington Edgworth, in the said Court of Exchequer Ireland, the Twenty-third Day of August One thousand seven hundred and fifty-seven.)

Greene for a Divorce Bill.

Upon reading the Petition of John Greene Clerk praying Leave to bring in a Bill to dissolve his Marriage with Elizabeth Hooke his now Wife, and to enable him to marry again; 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.

Countess of Shaftesbury Petition referred to Judges.

Upon reading the Petition of the Right Honourable Mary Countess Dowager of Shaftesbury, Mother and Guardian of the Right Honourable Anthony Ashley Earl of Shaftesbury, and the Honourable Crupley Ashley and Lady Mary Ann Ashley Instants, on Behalf of her said Instant Children, and the Right Reverend Edmund Lord Bishop of Ely; praying Leave to bring in a Bill for the Purposes in the Petition 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, areto 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.

Henrey et al. Petition referred to Judges.

Upon reading the Petition of Henry Cornish Henley Esquire and Suson his Wife, on Behalf of themselves and Susanna Henley and Henry Hoste Henley their Instant Children, and of Catherine Henley Widow, on her own Behalf; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is 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. 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.

Turner Petition referred to Judges.

Upon reading the Petition of Charles Turner of Kirkletham, in the County of York, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrott, 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.

Gwynne et al. Petition referred to Judges.

Upon reading the Petition of Howell Gwynne Esquire, Marmaduke Gwynne Esquire his Son and Heir apparent, and Frances the Wife of the said Marmaduke Gwynne, Frances Parry Widow her Mother, and William Webley Gentleman; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrott, 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 Laid, 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.

Gee and Sir James Pennymans Petition referred to Judges.

Upon reading the Petition of Roger Gee of Bishop Burton, in the County of York Esquire, and Sir James Pennyman of Ormesby, in the Paid County of York, Baronet; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Tardebigg Enclosure, to obviate Doubts in, Bill.

Hodie 2a vice letla est Billa, intituled, “An Act for obviating Doubts touching the Validity of the Proceedings of the Commissioners appointed by an Act, passed in the Eleventh Year of the Reign of His present Majesty, “for dividing and enclosing certain Lands therein mentioned, in that Part of the Manor of Tardebigg which lies in the County of Worcester.”

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

Ld. President.L. Bp. Ely.L. Willoughby Par.
D. Athol.L. Bp. Worcester.L. Cathcart.
E. Westmorland.L. Bp. St. Davids.L. Vere.
E. Abercorn.L. Bp. Chester.L. Hyde.
E. Marchmont.L. Bp. Litch. & Cov.L. Mansfield.
E. Rosebery.L. Scarsdale.
E. Oxford.L. Boston.
E. Radnor.L. Camden.
V. Wentworth.

Their Lordships, or any Five of them, to meet on Monday next at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Indemnity Bill.

Hodie 2a vice letla est Billa, intituled, “An Act to indemnity such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for giving further Time for that Purpose; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Contracts to Attornies and Solicitors.”

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

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

Curchod’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Francis Curchod.”

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

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

Cochran to enter into Recognizance on But n et al. Appeal.

The House being moved, “That Mr. William Cochran of Saint Albans Street, may be permitted to enter into a Recognizance for Samuel Burn and others, on Account of their Appeal depending in this House, (fn. 4) they residing in Scotland :”

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

Mayor, &c. of Newark Petition referred to Judges.

Upon reading the Petition of the Mayor and Aldermen of the Borough of Newark upon Trent, in the County of Nottingham, and of the Vicar and Churchwardens of the Parish Church of Newark aforesaid, on the Behalf of themselves and all other the Inhabitants of the said Town of Newark; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Adjourn.

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

Die Jovis, 4o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar.Ds. Apsley, Cancellarius.Ds. Le Despencer.
Epus. Londin.Dux Richmond.Ds. Willoughby Br.
Epus. Cicestrien.Dux Beaufort.Ds. Paget.
Epus. Oxon.Dux Bolton.Ds. Cathcart.
Epus. Mensven.Dux Athol.Ds. Trevor.
Epus. Asaphen.Dux Chandos.Ds. Masham.
Epus. Landaven.Dux Northumberland.Ds. Cadogan.
Epus. Cestrien.Comes Denbigh.Ds. King.
Epus. Litch. & CovComes Westmorland.Ds. Godolphin.
Comes Sandwich.Ds. Sandys.
Comes Plymouth.Ds. Hyde.
Comes Abercorn.Ds. Mansfield.
Comes Marchmont.Ds. Sondes.
Comes Rosebery.Ds. Scarsdale.
Comes Dartmouth.Ds. Boston.
Comes Hardwicke.Ds. Camden
Viscount Say. & Sele.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Bowerbank for a Divorce Bill.

Upon reading the Petition of John Featherston Bowerbank of London Gentleman; praying Leave to bring in a Bill to dissolve his Marriage with Ann Jane (fn. 5) his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

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

Cade for a Divorce Bill.

Upon reading the Petition of Philip Cade of Greenwich, in the County of Kent, Esquire; praying Leave to bring in a Bill to dissolve his Marriage with Catherine Whitworth his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:

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

Theobald’s Petition referred to Judges.

Upon reading the Petition of James Theobald of White Waltham, in the County of Berks, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition 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 thern, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may concerned in the Consequences of the Bill, have Signed the Petition; and also that the Judges, having perused the Bill, do Sign the same.

Alexander against Montgomery and Co.; Petition to amend Appeal.

Upon reading the Petition of Robert Alexander Esquire, Appellant in a Cause depending in this House, to which James Montgomery and Company are Respondents, which stands appointed for hearing; setting forth, “That the Petitioner, by his Appeal only, appealed to their Lordships from the last Interlocutor of the Court of Session of the 6th of March 1772; but some Doubt having arisen how far it includes a former Interlocutor of the Lord Ordinary of the 26th of June 1771, which he likewise meant to have appealed from;” and therefore praying their Lordships, “That he may be at Liberty to amend his said Appeal, by adding the Interlocutor of the Lord Ordinary of the 26th of June 1771, in these Words: “Having considered this Memorial for Robert Alexander Pursuer, with the Counter Memorial for John Campbell and others Defenders; and the Letters of Correspondence exhibited by both Parties, finds, in the Treaty for entering into a Contract between the Parties, several of the most material and essential Articles were not adjusted and agreed upon, and no finished Bargain was concluded, so as to be binding upon the Parties; but that either of them may resile from their Proposals; therefore dismisses this Action, and affoilzies the Defenders from the Conclusions of the Libel and decerns,” the Petitioner amending the Respondents Copy:”

It is Ordered, That the Petitioner be at liberty to amend his said Appeal, by inserting the said Interlocutor as desired, he amending the Respondents Copy.

Newton against Newton and Lee.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Newton of Irnhaam, in the County of Lincoln. Esquire, is Appellant, and William Newton and Robert Lee are 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.

Sir Edward Blackett et al. Petition referred to Judges.

Upon reading the Petition of Sir Edward Blackett of West Matsen, in the County of Northumberland, Baronet, and Dame Ann Blackett his Wife, in Behalf of themselves and Edward Blackett, William Blackett, and Ann Blackett, their Sons and Daughter, who are all Instants; Sir Walter Blackett of Wallington, in the said County of Northumberland, Baronet; Sir Thomas Wentworth of Bretton Hall in the County of York, Baronet; Nicholas Westcomb of Cheverells Green, in the County of Hertford, Esquire, and Lucy his Wife; and Ann Gordon of Abbot’s Leigh in the County of Somerset, Widow; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrott, 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.

Spottiswoode to enter into Recognizance on Sir G Elliot et al. Appeal

The House being moved, “That John Spottiswoode of Northumberland Street Gentleman, may be permitted to center into a Recognizance for Sir Gilbert Elliot of Miorto Baronet and others, on Account of their Appeal depending in this House, they residing in Scotland :”

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

Indemnity Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for giving further Time for that Purpose; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors.”

After some Time the House was resumed:

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

Gowland et al Petition for a Bill.

Upon reading the Petition of Ralph Gowland Esquire, for and on Behalf of himself and others, the Owners and Occupiers of Lands and Tenements, within the Manor of Laleham, in the County of Middlesex; praying Leave to bring in a Bill for enclosing, dividing, and allotting, the Open Common Fields within the said Manor, according to the several Rights of the Persons interested therein:

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

Naturalizing Foreign Protestants Bill.

The Order of the Day being read for the House to be again in a Committee upon the Bill, intituled, “An Act to extend the Provisions of an Act, made in the Fourth Year of the Reign of His late Majesty King George the Second, intituled “An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relates to the Children of the natural-born Subjects, of the Crown of England, or of Great Britain;” and for the Lords to be summoned:

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon:

After some Time the House was resumed:

And the Lord Viscount Wentworth 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.”

Proposed, “To re-commit the Bill.”

Which being objected to:

After Debate,

The Question was put thereupon?

If was resolved in the Affirmative.

Whereupon,

The House was adjourned during Pleasure, and again put into a Committee upon the said Bill.

After some Time the House was resumed:

And the Lord Viscount Wentworth reported from the Committee, “That they had gone through the Bill, and made several Amendments thereto, which he was ready to report, when the House will please to receive the same.”

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

Adjourn.

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

Die Veneris, 5o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestrien.Ds. Apsley, Cancellarius.Ds. Cathcart.
Epus. Lincoln.Comes Gower, Præses.Ds. Trevor.
Epus. Exon.Dux Chandos.Ds. Archer.
Epus. Litch. & Cov.Comes Denbigh.Ds. Mansfield.
Comes Westmorland.Ds. Scarsdale.
Comes Plymouth.Ds. Boston.
Comes Abercorn.
Comes Marchmont.
Comes Oxford.
Comes Fitzwilliam.
Comes Northington.
Viscount Wentworth.

PRAYERS.

Duncans and Steven against Fouke and Stormonth

After hearing Counsel this Day upon the amended Petition and Appeal of Margaret and Elizabeth Duncans, Daughters of the deceased Thomas Duncan sometime in Boghead, youngest Brother of the deceased Mr. David Duncan late Rector of Daynton, and John Steven in Arbroath, Husband to the said Margaret, for his Interest, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 15th of November 1769, and 2d of February and 11th of August 1770; and praying, “That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem just;” as also upon the Answer of Francis Fowke and James Stormonth, put in to the said Appeal and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is Hereby dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby affirmed.

Mawdesley’s Petition referred to Judges.

Upon reading the Petition of John Mawdesley of Newport, in Rhode Island in America Merchant, Robert Mawdesley and Peter Woosey Mawdesley Instants his Sons, of the same Place; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Dean of Peterborough et al. Petition referred to Judges.

Upon reading the Petition or the Dean of the Cathedral Church of Peterborough, in the County of Northampton, on Behalf of himself and the Chapter of the said Church, and of Sir Robert Bernard Baronet; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrot, who are forthwith to Summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the Stale 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.

E Macclesfield et Ux. Petition referred to Judges.

Upon reading the Petition” of the Right Honourable Thomas Earl of Macclesfield and Mary Countess of Macclesfield his Wife, in Behalf of themselves and their Instant Children; praying Leave to bring in a Bill for the Purposes in the Petition 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 Eyre, 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.

Speltman et Ux Petition referred te Judges.

Upon reading the Petition of the Reverend Henry Spelman of Narborough, in the County of Norfolk, Clerk, and of Anne his Wife praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is 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 the Lord Chief Baron of the Court of Exchequer, 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.

Harman et al. Petition referred to Judges.

Upon reading the Petition of John Harman, Simon Fraser, and William Wilson; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Child et al. Petition referred to Judges.

Upon reading the retition or Smith Child and Margaret his Wife, (late Margaret Roylance), and of Thomas Roylance Father of the said Margaret, for themselves and on the Behalf of Thomas Child, John George Child, Smith Child, and Roylance Child, the Four Instant Sons of the said Smith Child and Margaret his Wife, and on the Behalf of Margaret Child their Instant Daughter; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is 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 the Lord Chief Baron of the Court of Exchequer, 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 Gregory Turner et al. Petition referred to Judges.

Upon reading the Petition of Sir Gregory Turner Baronet, William Turner Esquire, James Leigh Esquire, on Behalf of John Turner an Instant of the Age of Twenty Years, and upwards, Thomas Twistleton Esquire and Elizabeth his Wife, Martin Bladon Hawke Esquire and Cassandra his Wife, which said Sir Gregory Turner, William Turner, John Turner, Elizabeth Twistleton, and Cassandra Hawke, are the only Children of Sir Edward Turner Baronet by Dame Cassandra his Wife, both deceased; praying Leave to bring in a Bill for the Purposes in the Petition 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 Perrott 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.

Yateman Against Cox et al.

Upon reading the Petition and Appeal of Francis Yateman Gentleman, complaining of Part of a Decree of the Court of Exchequer, of the 13th Day of December 1770; and also of an Order of the said Court affirming the same, of the 26th Day of November last, but which is not as yet made up and entered; and praying, “That the same may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mail seem meet; and that Sarah Cox, Thomas Cawley, Christopher Willoughby, Phannel Bacon, and Jonathan Martin, may be required to answer the said Appeal:”

It is Ordered, That the said Sarah Cox, Thomas Cawley, Christopher Willoughby, Phannel Bacon, and Jonathan Martin, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 19th of this instant February.

Gunpowder, making of, at Old Forge Farm, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable certain Persons therein named, to continue to work a Pestle Mill heretofore employed and used in making Battle Gunpowder at Old Forge Farm, in the Parish of Tonbridge, in the County of Kent.”

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

Ld. President.L. Bp. Chichester.L. Cathcart.
D. Chandos.L. Bp. Lincoln.L. Trevor.
E. Denbigh.L. Bp. Exeter.L. Archer.
E. Westmorland.L. Bp. Litch. & Cov.L. Mansfield.
E. Plymouth.L. Scarsdale.
E. Abercorn.L. Boston.
E. Marchmont.
E. Oxford.
E. Fitzwilliam.
E. Northington.
V. Wentworth.

Their Lordships, or any Five of them, to meet on Monday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Indemnity Bill:

Hodie 3a vice lecta est Billa, intituled,“An Act to indemnifying such Persons as have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for giving further Time for that Purpose; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Contracts of Clerks to Attornies and Solicitors.”

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 ordered to be sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

Bolts against Attorney General and East India Company.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein William Bolts Esquire is Appellant, and His Majesty’s Attorney General, and the United Company of Merchants of England trading to the East Indies, are 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.

Bp. of Winchester et al Petition referred to Judges.

Upon reading the Petition of the Right Reverend John Lord Bishop of Winchester, on Behalf of himself and the Reverend Philip Baken Clerk, and Philip Baker the Instant Son of the said Philip Baker Clerk; and the humble Petition of Sir Thomas Edwards Baronet and Dame Ann his Wife, on Behalf of themselves, and James Dandridge and Mark Bell Esquires their Trustees; and of the said, Sir Thomas Edwards, on the Behalf of Eleanor Hester Mary Edwards his Instant Child by the said Dame Ann; and of William Baker Esquire, on Behalf of himself and of Henry William Portman Esquire; and also of Edward Gray Brickmaker and Builder; praying Leave to bring in a Bill for the Purposes in the Petition 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.

Kennion against Gardner et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Kennion Esquire is Appellant, and Samuel Gardner and others are 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.

Dickson against E. Hyndford et al.

A Petition of David Dickson Esquire, Appellant in a Cause depending in this House, to which John Earl of Hyndford and others are Respondents, which stands, appointed for hearing, was presented and read; setting forth, “That an Application made Yesterday to their Lordships by the Petitioner’s Agent, for putting off the Hearing of this Cause, founded on an Allegation of the Petitioner, (fn. 6) and his Papers having been detained at Edinburgh by a Treaty going on with the Respondents for an Accommodation, was not received by their Lordships; that the Petitioner arrived in London last Night, with all his Papers, and is now ready to prove, at their Lordships Bar, that a Treaty for an Accommodation did subsist, and was carried on at Edinburgh for several Weeks, and was broke off lately, not by any Fault or Means of the Petitioner;” and therefore praying “Their Lordships will be pleased to allow him some reasonable Time to prepare his Case, and instruct his Counsel, and to put off the Hearing for a Fortnight, or to order that he may have Leave to withdraw his Appeal:”

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

And being withdrawn:

Appeal withdrawn.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Adjourn.

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

Die Lunæ, 8o Februarii 1773.

Domini tam Spirituales quam Temporales præsente fuerunt:

Epus. Londin.Ds. Apsley, Cancellarius.Ds. Cathcart.
Epus. Wigorn.Comes Gower, PræsesDs. Masham.
Epus. Asaphen.Dux Beaufort.Ds. Sondes.
Epus. Landaven.Dux Athol.Ds. Boston.
Epus. Cestrien.Dux Chandos.Ds. Camden.
Epus. Litch, & CovMarch. Rockingham.
Comes Westmorland.
Comes Stamford.
Comes Sandwich.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Oxford.
Viscount Falmouth.
Viscount Wentworth

PRAYERS.

Tardebigg Enclosure Act, to obviate Doubts in, Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for obviating Doubts touching the Validity of the Proceedings of the Commissioners appointed by an Act, passed in the Eleventh Year of the Reign of His present Majesty, “for dividing and enclosing certain Lands therein mentioned, in that Part of the Manor of Tardebigg which lies in the County of Worcester” 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.”

Curchod’s Nat. Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing John Francis Curchod” 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.”

Naturalizing Foreign Protestants Bill.

The Lord Viscount Wentworth (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, “An Act to extend the Provisions of an Act, made, in the Fourth Year of the Reign of His late Majesty King George the Second, intituled, “An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne for naturalizing Foreign Protestants, which relates to the” Children of the natural-born Subjects of the Crown of England or of Great Britain.”

The said Amendments were read by the Clerk, as follow:

Fol. 1. L. 11. After the Word [“but”], leave out the Words [“by the Laws now in being”].

Fol. 1. L. 12. After [“hath”], insert [“hitherto”].

Fol. 2. L. 11. After the Word [“Britain”], leave out the Words [“he Time of the Birth of such Children respectively”].

Fol. 2. L. 14. After the Word [“whatsoever”], insert [“as if he and they had been and were born in this Kingdom; any Thing contained in an Act of the Twelfth Year of the Reign of King William the Third, intituled, “An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject,” to the contrary in any wife notwithstanding”].

Fol. 4. L. 5. After [“reside”] leave out [“nor mail any Person be enabled hereby to defeat any Estate, Right, or Interest, which, upon the last Day of this Session, shall be lawfully vested in any other Person: Provided also, and be it further enacted by the Authority aforesaid, That no Person being of the Age of Eighteen Years, or above, shall be entitled to the Benefit of this Act, unless such Person”], and instead thereof insert [“and”].

“Fol. 5. L. 2. After [“Places”], leave out [“and within such Time or Times”].

Fol. 5. L. 12. After the Word [“Reward”], insert [“Provided always, and be it further enacted by the Authority aforesaid, That no Person shall be enabled hereby to defeat any Estate, Right, or Interest, which, upon the last Day of this Session, shall be lawfully vested in any other Person, or to claim or demand any Estate or Interest which shall here after, accrue, unless such Claim or Demand be made within Five Years next after the same shall [“accrue”].

In the Title of the Bill,

L. 11. After the Word [“Britain”], insert [“to the Children of such Children”].

And the said Amendments, being read a Second Time by the Clerk, were, severally, agreed to by the House.

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

E Hopetoun and L Hope, Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of John Earl of Hopetoun, and of the Right Honourable James Hope commonly called Lord Hope, his eldest Son and Heir; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

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 vesting in John Earl of Hopetoun and His Heirs, in Fee-Simple, certain Lands, Part of his Entailed Estate, in the Counties of Haddington and Fife, and for settling, in Lieu thereof, other Lands lying contiguous to, and interspersed with, the said Entailed Estate.”

B. Blesinton’s Exemplification Bill.

The Lord Viscount Wentworth (pursuant to an Order of Leave of the Second of this instant February), presented to the House a Bill, intituled, “An Act for making the Exemplification of the last Will and Testament of William Earl of Blesinton, in the Kingdom of Ireland, deceased, Evidence as well in Ireland as in Great Britain.”

The said Bill was read the First Time.

Adjourn.

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

Die Mercurii, 10o Februarii 1773.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cestrien.Ds. Apsley, Cancellarius.Ds. Cathcart.
Epus. Litch. & Cov.Comes Gower, PræsesDs. Ravensworth.
Dux Beaufort.Ds. Hyde.
Dux Athol.Ds. Mansfield.
Comes Westmorland.Ds. Sondes.
Comes Abercorn.Ds. Boston.
Comes Marchmont.Ds. Camden.
Comes Rosebery.
Comes Oxford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Weymouth.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

Parkhill against Chalmers et al.

After hearing Counsel in Part in the Cause; wherein Captain David Parkhill of Craiglockhart is Appellant, and Robert Chalmers and others are Respondents:

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

Naturalizing Foreign Protestants Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to extend the Provisions of An Act, made in the Fourth Year of the Reign of His late Majesty King George the Second, intituled, “An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants,” which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain, to the Children of such Children.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message td H. C with it.

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

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

Hay against M. Tweeddale; Petition to amend Appeal.

Upon reading the Petition of Robert Hay Esquire, Second Son of Alexander Hay of Drummelzier Esquire, Appellant in a Cause depending in this House, to which George Marquis of Tweeddale is Respondent, which stands appointed for hearing; setting forth, That the Petitioner having made his Appeal to their Lordships from an Interlocutor of the Lords of Session in Scotland of the 19th of February 1772, but in dating the said Appeal the Petitioner omitted an Interlocutor of the Lord Ordinary of the Court of Session of Date the 20th June 1771, in the following Words: “The Lord Ordinary having heard Parties Procurators, and considered the mutual Memorials, with the Deeds of Entail, by Sir Robert Hay, finds, that the said Deeds of Entail, upon which the Question in Debate arises, are not devised upon any regular Plan, so must be taken as Sir Robert, or his Writer, has chosen to express them; and as the Defender succeeded to the Estate of Linplum in consequence of the Entail, and the Clause, by which his Right to that Estate is appointed to cease and determine upon succeeding to the Estate of Tweeddale, is under a special Proviso, that he have his Option to hold it till he have a Son of Fourteen Years of Age, to whom alone he mud denude; finds the Defender is entitled to hold the Estate of Linplum, and the Pursuer (the Petitioner) has no Right thereto; and therefore assoilzies (acquits) the Defendant, and decerns;” and therefore praying their Lordships, “That he may be permitted to amend his said Appeal, by inserting therein the Interlocutor of the Lord Ordinary of the 20th June 1771, above recited:”

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by inserting the said Interlocutor as desired, he amending the Respondent’s Copy.

E. Hopetoun’s Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting in John Earl of Hopetoun and his Heirs, in Fee-Simple, certain Lands, Part of his Entailed Estate, in the Counties of Haddington and Fife, and for settling, in Lieu thereof, other Lands lying contiguous to, and interspersed with, the said Entailed Estate.”

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

Ld. President.L. Bp. Chester.L. Cathcart.
D. Beaufort.L. Bp. Litch. & Cov.L. Ravensworth.
D. Athol.L. Hyde.
E. Westmorland.L. Mansfield.
E. Abercorn.L. Sondes.
E. MarchmontL. Boston.
E. Rosebery.L. Camden.
E. Oxford.
E. Cornwallis.
E. Hardwicke.
V. Weymouth.
V. Falmouth.
V. Wentworth.

Their Lordships, or any Five of them, to meet on Thursday the 25th 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.

Marston to enter into Recognizance on Hepburn’s Appeal.

The House being moved, “That Elias Marston of Warwick Court, Warwick Lane, London, Merchant, may be permitted to enter into a Recognizance for John Hepburn Surgeon in Edinburgh, and another, on Account of their Appeal depending in this House, they living in Scotland:

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

Tardebigg Enclosure Act, to obviate Doubts in, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for obviating Doubts touching the Validity of the Proceedings of the Commissioners appointed by an Act passed in the Eleventh Year of the Reign of His present Majesty, for dividing and enclosing certain Lands therein mentioned, in that Part of the Manor of Tardebigg, which lies in the County of Worcester”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Curchod’s Nat. Bills.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing John Francis Curchod”

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 the Two preceding Bill.

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

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

Adjourn.

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

Footnotes

1 Sic; in the Minute Book it is Kinghorn.
2 Sic; in the Minute Book it is Kinghorn.
3 Deeft in Original; in every other Proceeding it is as here.
4 Origin, he.
5 In the future Entries this Name is Anne Jane Morley.
6 Sic.