House of Lords Journal Volume 26
February 1744, 1-10

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History of Parliament Trust

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1767-1830

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301-308

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'House of Lords Journal Volume 26: February 1744, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 301-308. URL: http://www.british-history.ac.uk/report.aspx?compid=114187 Date accessed: 21 October 2014.


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February 1744, 1-10

DIE Mercurii, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Bath. & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Westmorland.
Comes Stamford.
Comes Thanet.
Comes Sandwich.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Strange.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Foley.
Ds. Onslow.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Messages from H. C. with a Bill; and to return the D. of Beaufort's Divorce Bill;

A Message was brought from the House of Commons, by Sir Watkyn Williams Wynne and others:

To return the Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

and the Countess of Holderness Nat. Bill.

A Message was brought from the House of Commons, by Sir Conyers Darcy Comptroller of His Majesty's Household and others:

To return the Bill, intituled, "An Act for naturalizing Mary Countess of Holdernesse, Wife of Robert Earl of Holdernesse;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for naturalizing Andrew Templeman and John Darlon of London, Merchants;" to which they desire the Concurrence of this House.

D. Beaufort's Divotce Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

And the same, being read Thrice, were agreed to by the House, and are as follow:

"Press 3. last Line. Leave out ["henceforth"]; and, instead thereof, insert ["and after the First Day of March 1743"]."

"Press 4. Line 5. Leave out ["hereafter"], and insert ["thereafter"]."

Press 5. Line 11. After ["born"], insert ["or which shall, before the First Day of September 1744, be born"]."

"Line 13. After ["are"], insert ["and shall be deemed and taken to be to all Intents and Purposes whatsoever"]."

A Message was sent to the House of Commons, by Mr. Elde and Mr. Burroughs, to acquaint them therewith.

Vagrants Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."

Ordered, That the said Bill be printed.

Templeman & al. Nat. Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Andrew Templeman and John Darlon, of London, Merchants."

Westonbirt Commons enclosing, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields called The North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester," 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; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Carre's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Mr. John Carre of Cavers, Advocate, to sell Lands, in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Hopley to take the Name of Dod, Leave for a Bill.

Upon reading the Petition of Randle Hopley of Overton in the County of Chester Gentleman; praying Leave to bring in a Bill, to enable him and his Issue to take and use the Surname of Dod, pursuant to the Will of William Dod late of Hampton in the County of Chester Esquire, deceased:

It is Ordered, That Leave be given to bring in a Bill, as desired.

E. Home, Leave to withdraw his Appeal.

A Petition of William Earl of Home, was presented, and read; praying, "In regard the Matters in Difference upon his Appeal, to which Jacobina Clark is Respondent, are referred to Arbitration; that the same, which stands to be heard this Day, may be withdrawn; but without Prejudice to his presenting another Appeal, as he shall be advised."

And thereupon the Agents on both Sides were called in.

And being heard, at the Bar, and withdrawn:

Ordered, That the Petitioner have Leave to withdraw his Appeal, as desired, on the Condition specified in the said Petition.

Hunter & al. against Binny & al.

The House was informed, "That Alexander Binny and others, Respondents to the Appeal of Andrew Hunter and others, have not put in their Answers thereunto, though peremptorily ordered so to do on the 7th of December last."

And it being thereupon moved, "That a Day may be appointed for hearing the same ex Parte, unless the Respondents put in their Answers in the mean Time:"

Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 22d Day of this Instant February.

Adjourn.

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

DIE Veneris, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Glocestr.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Bolton.
Dux Argyll.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Doncaster.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Offord.
Comes Portsmouth.
Viscount Fauconberg.
Viscount Townshend.
Viscount St. John.
Viscount Harcourt.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Herbert.

PRAYERS.

Jones & Ux. against Bennet & al.

The joint and several Answer of Sir Thomas Wynn Baronet, Fitzwilliam Plumtree Esquire, and William Fawkes Esquire, and of Jasper Leigh Jones, an Infant, by his Guardian, to the Appeal of Jasper Jones Esquire and Frances his Wife, was put in:

Stewart against Graham.

As was also, the Answer of His Majesty's Advocate for Scotland, to the Appeal of Captain John Stewart.

Moller & al. to be added to Nat. Bill.

Upon reading the Petition of Christian Moller, John Frederick Fries, and Peter de la Rive; praying, "That their Names may be inserted in the Bill for naturalizing Andrew Templeman and John Darlon:"

It is Ordered, That the Petition do lie on the Table, till the said Bill be read a 2d Time.

Then the Petitioners abovementioned took the Oaths appointed, in order to their Naturalization.

Templeman & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Andrew Templeman and John Darlon, of London, Merchants."

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

D. Beaufort.
D. Bolton.
D. Argyll.
D. Bridgewater.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Doncaster.
E. Aylesbury.
E. Shaftesbury.
E. Litchfield.
E. Moray.
E. Oxford.
E. Offord.
E. Portsmouth.
L. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Gloucester.
L. Bp. Wigorn.
L. Bp. Chichester.
L. Bp. Landaff.
L. Bp. Bangor.
L. Willoughby Br.
L. Willoughby Par.
L. North.
L. Maynard.
L. Strange.
L. Cornwallis.
L. Conway.
L. Hervey.
L. Somerville.
L. Walpole.
L. Fitzwilliam.

Their Lordships, or any Five of them; to meet on Thursday next, at the usual Time and Place; and to adjourn as they please; and that the Petition of the Persons beforenamed, praying to be added to the said Bill, be referred to the said Committee.

Watson to amend his Appeal.

Upon reading the Petition of Thomas Watson; setting forth, "That, on the 14th of December last, he brought his Appeal from certain Interlocutors of the Court of Session in Scotland, in which some of the Parties in the Cause were omitted to be made Respondents;" and praying, "That he may have Leave to amend the same, by adding the Parties so omitted; the Petitioner amending the Respondents Copy:"

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, on the Condition abovementioned; and that the said Parties, when added to the said Appeal, do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Second Day of March next; and that Service of this Order on the Agents or Procurators of the said Parties be deemed good Service.

North Stoneham Enclosure; Fleming & al. Leave for a Bill.

Upon reading the Petition of William Fleming Esquire, Lord of the Manor of North Stoneham, in the County of Southampton (a Lunatick, by Thomas Cousland Esquire, Committee of his Estate) and of Sir Francis Seymour Pile Baronet and Dame Anne his Wife, late the Widow of Richard Fleming Esquire, deceased, and others, whose Names are thereunto subscribed, being the several Freehold, Leasehold, and Copyhold Tenants of the said Manor, and of Thomas Dummer Esquire, and John Dummer Esquire, who have Right of depasturing Twenty-eight Rother Beasts in the Commons of the said Manor; praying Leave to bring in a Bill, for establishing Euclosures of Part of a Common, lying within the Manor of North Stoneham aforesaid, and making some Exchanges of small Parcels of Land within the said Manor, in order to render the said Enclosure more benesicial:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bassledon Heath Enclosure; Allen & al. Leave for a Bill.

Upon reading the Petition of Richard Allen Esquire, the Right Honourable Charles Lord Viscount Fane, Sir John Rush Knight, and John Land Clerk, and of the several other Persons whose Names are thereunto subscribed, being Owners and Proprietors of Lands, within the Manor and Parish of Bassledon, in the County of Berks; praying Leave to bring in a Bill, for enclosing and dividing a Common called Bassledon Heath, in the Manor and Parish aforesaid:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Leghs peremptorily to answer Jones's Appeal.

The House was informed, "That Francis Legh and Richard Legh, Two of the Respondents to the Appeal of Jasper Jones Esquire and his Wife, have not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon a Person attending, in order to prove the said Service, was called in.

And attesting the Truth thereof at the Bar, upon Oath:

He was directed to withdraw.

Ordered, That the Two Respondents abovementioned do peremptorily put in their Answer to the said Appeal, in a Week.

Westonbirt Commons enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields called The North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester."

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. Spicer and Mr. Allen:

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

Thunn's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Rodolph Thunn of London Merchant."

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

It was Resolved in the Affirmative.

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

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

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

Ritter, Leave for a Nat. Bill.

Upon reading the Petition of Lorentz Bastian Ritter; praying Leave to bring in a Bill, for his Naturalization.

It is Ordered, That Leave be given to bring in a Bill, as desired.

State of the National Debtdelivered.

The House being informed, "That Mr. Dawson, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty on the 19th of January last,

A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1742, and 31st of December 1743; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

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

Hopley to take the Name of Dod, Leave for a Bill.

The Earl of Warwick, pursuant to the Order of Wednesday last, presented to the House a Bill, intituled, "An Act to enable Randle Hopley of Overton, in the County of Chester, Gentleman, and his Issue, to take and use the Surname of Dod, pursuant to the Will of William Dod Esquire, deceased."

And the same was read the First Time.

Adjourn.

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

DIE Lunæ, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Coventry.
Comes Poulet.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Viscount Lonsdale.
Viscount St. John.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Boyle.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Ld. Mansel takes his Seat.

This Day Christopher Lord Mansel fat first in Parliament, after the Death of his Nephew Thomas Lord Mansel; his Lordship, at the Table, having first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Gale & al. Petition referred to Judges.

Upon reading the Petition of Edward Gale, James Francis, Edward Downes, and Henry St. George Downes Gentlemen; praying Leave to bring in a Bill, for vesting the Impropriate Rectory of Corsham, and other Estates, in the County of Wilts, in the Petition mentioned, in the Petitioner Edward Gale and his Heirs, to enable him to convey the same to Robert Neale Esquire, pursuant to certain Articles; and to perform the Trust in the Will of George Downes Esquire, deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Chaple; with the usual Directions, according to the Standing Order.

Thornhagh's Petition referred to Judges.

Upon reading the Petition of John Thornhagh Esquire, only Son and Heir of St. Andrew Thornhagh Esquire, by Letitia Thornhagh his Wife, now his Widow; praying Leave to bring in a Bill, to enable him to make such Jointure and Provision for his Younger Children, out of the Estate comprized in a Settlement in the Petition mentioned, made the 17th of June 1727, as upon the Petitioner's Marriage shall be agreed upon:

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

Hawker & Ux. Petition referred to Judges.

Upon reading the Petition of Peter Hawker of Ballingdon in the County of Southampton Esquire and Arethusa Hawker his Wife, for themselves, and on the Behalf of Peter Ryves Hawker, George Ryves Hawker, Edmond Hawker, and Erle Hawker, their Sons, who are all Infants; praying Leave to bring in a Bill, for Sale of a settled Estate, in the County of Dorset, in the Petition mentioned; and to lay out the Sum of Twelve Hundred Pounds, Part of the Money arising thereby, in the Purchase of other Lands, to be settled, together with an Estate in Hampshire, pursuant to a Settlement 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; with the usual Directions, according to the Standing Order.

Sir Peter Byrne's Guardians, Petition referred to Judges.

Upon reading the Petition of Peter Legh, Peter Brooke, and Randle Wilbraham Esquires, William Simon Warren Clerk, and Thomas Gorst Gentleman, the Testamentary Guardians of Sir Peter Byrne Baronet and John Byrne, Sons of Sir John Byrne Baronet, deceased, and on their Behalf; praying Leave to bring in a Bill, for the immediate Sale of the Real Estate late of the said Sir John Byrne in the Kingdom of Ireland; and to lay out the Money arising thereby, after Payment of the Encumbrances affecting the same, in the Purchase of Lands of Inheritance in this Kingdom, to be settled to the like Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.

E. Selkirk & al. against Ld Archibald Hamilton.

Upon reading the Petition and Appeal of John Earl of Selkirk and Ruglen, and John Earl of Cassillis and Susan Countess of Cassillis; complaining of an Interlocutor of the Lords of Session in Scotland, of the 18th of February 1742/3; and also of another Interlocutor of the same Lords, of the 18th of January 1743/4; and of another Interlocutor of the same Date, adhering to their former Interlocutor; and likewise of an Interlocutor of the Lord Ordinary, of the 25th of the same Month, made on the Behalf of Lord Archibald Hamilton; and praying, "That the same may be reversed or amended; and that this House will give the Appellants such other Relief as to their Lordships in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Lord Archibald Hamilton may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 5th Day of March next; and that Service of this Order upon his Counsel or Agents in the Court below be deemed good Service.

Clarkes to take the Name of Stewart, Bill.

The Lord Willoughby of Parham presented to the House (pursuant to their Lordships Order of the 27th of January last) a Bill, intituled, "An Act to enable Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, to take and use the Surname of Stewart, pursuant to the Will of James Stewart, deceased."

And the same was read the First Time.

Ritter's Nat. Bill.

The Lord Bishop of Worcester presented to the House (pursuant to their Lordships Order of Friday last) a Bill, intituled, "An Act to naturalize Lorentz Bastian Ritter."

And the same was read the First Time.

Hopley to take the Name of Dod, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Randle Hopley, of Overton, in the County of Chester, Gentleman, and his Issue, to take and use the Surname of Dod, pursuant to the Will of William Dod Esquire, deceased."

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

L. Steward.
D. Newcastle.
D. Bridgewater.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Litchfield.
E. Oxford.
E. Harborough.
E. Pomfret.
E. Graham.
E. Fitzwalter.
E. Malton.
E. Offord.
Vis. Lonsdale.
Vis. St. John.
L. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Gloucester.
L. Bp. Worcester.
L. Bp. Landaff.
L. Bp. Bangor.
L. Carteret, Sec.
L. Willoughby Par.
L. North.
L. Strange.
L. Cornwallis.
L. Gower.
L. Boyle.
L. Mansel.
L. Foley.
L. Bathurst.
L. Ducie.
L. Walpole.
L. Hobart.
L. Sandys.

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

Henry & al. peremptorily to answer Devonshire's Appeal.

The House was informed, "That Hugh Henry and others, Respondents to the Appeal of Jonas Devonsher, have not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Walter Goold of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.

Martin against Strachan & al. in Error.

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Friday the 17th of this Instant February.

Savage against Echlin & al.

The like Motion and Order, for hearing the Cause wherein Andrew Savage Esquire and his Son are Appellants, and Godfrey Echlin and others Respondents, on Monday the 20th Instant.

Stewart against Graham.

Ordered, That the Hearing of the Cause wherein Captain John Stewart is Appellant, and William Graham Respondent, which stands appointed for Wednesday next, be put off to the next Day.

Adjourn.

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

DIE Jovis, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Peterborow.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Litchfield.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Comes Orford.
Comes Bath.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Talbot.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Witham against Lewis.

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein John Ley bourn Witham is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Friday Sevennight next.

Robinson's Petition referred to Judges.

Upon reading the Petition of Elizabeth Robinson the Younger, Widow and Relict of William Robinson late of Gwersilt, in the County of Denbigh, for herself, and on the Behalf of Elizabeth Robinson, an Infant, her Daughter and only Child by the said William Robinson, Elizabeth Robinson the Elder, Widow and Relict of John Robinson late of Gwersilt aforesaid, deceased, Father of the said William Robinson, and One of the Two surviving Daughters and Coheirs of Dame Dorothy Jeffreys, late of Acton, in the said County of Denbigh, Widow, deceased, Philip Egerton Esquire and Frances Egerton his Wife, the other surviving Daughter and Coheir of the said Dame Dorothy Jeffreys, Ellis Yonge Esquire and Dorothy Yonge his Wife, One of the Two surviving Daughters of the said John Robinson, deceased, by the said Elizabeth Robinson the Elder, Cawley Humberston Cawley Esquire and Ann Cawley his Wife, the other surviving Daughter of the said John Robinson by the said Elizabeth, George Shakerley Esquire, Sir Watkin Williams Wynne Baronet, Barrington Flake Esquire, Sir John Barrington Baronet, and John Nodes Esquire; praying Leave to bring in a Bill, for Sale of certain Estates, in the Petition mentioned, in the Counties of Denbigh, Flint, Chester, Salop, and Anglesea, or a competent Part thereof, for discharging Debts and Encumbrances affecting the same, and for other Purposes in the Petition expressed:

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

Cullum et Ux. Petition referred to Judges.

Upon reading the Petition of John Cullum and Susanna his Wife, in Behalf of themselves and John Cullum their Eldest Son, an Infant of Eleven Years or thereabouts; praying Leave to bring in a Bill, for Sale of a Leasehold Estate in Warwick Lane, London, and a Farm lying in or near Hawsted, in the County of Suffolk, in the Petition mentioned, towards disencumbering Three other Farms in or near Hawsted aforesaid, and other Premises comprized in a Settlement made upon the Petitioners Marriage; and for other Purposes in the Petition expressed:

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 Burnett; with the usual Directions, according to the Standing Order.

Fownes & Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Fownes Esquire and Meliora his Wife; praying Leave to bring in a Bill, for Sale of certain settled Estates, in the Petition mentioned, in the Counties of Somerset and Dorset, for discharging Debts and Encumbrances; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses:

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

Moore's Petition referred to Judges.

Upon reading the Petition of William Moore Esquire; praying Leave to bring in a Bill, for Sale of an Estate in the County of Stafford, purchased by Money arising out of the Personal Estate of William Smythe Esquire, deceased, pursuant to his Will; and laying out the Money arising thereby, and other Money yet uninvested, in the Purchase of some other Estate, to be settled to the same Uses as are now subsisting, and agreeable to the said Will:

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. Justice Burnett; with the usual Directions, according to the Standing Order.

Sir Henry John Parker & al. Petition referred to Judges.

Upon reading the Petition of Sir Henry John Parker Baronet, on the Behalf of himself and of Margaret and Ann Parker, his Two Infant Daughters by Anne his late Wife, deceased; praying Leave to bring in a Bill, for Sale of Part of the Estate of Simon Barwell, late of Leicester, Gentleman, deceased, lying in the Counties of Leicester and Northampton; and applying the Money arising thereby, to discharge the Debts and Encumbrances affecting the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Abney; with the usual Directions, according to the Standing Order.

Parry et Ux. Petition referred to Judges.

Upon reading the Petition of William Parry of the Town of Monmouth Doctor in Physick and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of certain settled and unsettled Estates in the Petition mentioned, lying in Easton Grey, in the County of Wilts; and, out of the Money arising by such Sale, to purchase other Freehold Lands of Inheritance, of greater Value than the first mentioned Estate, to be settled to the same Uses:

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

E. Moray against Ross.

Upon reading the Petition and Appeal of James Earl of Moray; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th Day of November last; and also of another Interlocutor of the said Lords, of the 25th Day of January last, adhering thereto, made on the Behalf of Charles Ross Esquire; and praying, "That the same may be reversed; and that the Appellant may have such Relief in the Premises as to the great Wisdom of this House shall seem meet:"

It is Ordered, That the said Charles Ross may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 8th Day of March next; and that Service of this Order on his Procurator or Agent in the said Court of Session be deemed good Service.

Sandilands against Sandilands.

Upon reading the Petition and Appeal of Katherine Sandilands, Daughter to the deceased John Sandilands, of Countiswells; complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of February 1742/3; and of another Interlocutor of the said Lords, of the 20th of January last; and of an Interlocutor of the Lord Ordinary, of the 26th of the same Month, made on the Behalf of Patrick Sandilands; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House shall seem meet:"

It is Ordered, That the said Patrick Sandilands may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 8th Day of March next; and that Service of this Order on his Agents or Procurators in the Court below be deemed good Service.

Hopley to take the Name of Dod, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Randle Hopley of Overton in the County of Chester Gentleman, and his Issue, to take and use the Surname of Dod, pursuant to the Will of William Dod Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Templeman & al. Nat. Bill.

The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Andrew Templeman and John Darlon," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and had also considered the Petition of some Persons to be added thereunto; and had gone through the Bill, with some Amendments."

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

Ritter's Naturalization Bill.

Lorentz Bastian Ritter took the Oaths appointed, in order for his Naturalization.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Lorentz Bastian Ritter."

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

L. Stewart.
D. Montagu.
D. Bridgewater.
M. Tweedale.
E. Suffolk.
E. Warwick.
E. Coventry.
E. Morton.
E. Moray.
E. Oxford.
E. Strafford.
E. Harborough.
E. Waldegrave.
E. Offord.
E. Bath.
Vis. Fauconberg.
L. Bp. Rochester.
L. Bp. Worcester.
L. Bp. Norwich.
L. Bp. Chichester.
L. Bp. Bangor.
L. Willoughby Par.
L. North.
L. Strange.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Onslow.
L. Romney.
L. Walpole.
L. Fitzwilliam.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow; and to adjourn as they please.

Stewart against Graham.

After hearing Counsel in Part, upon the Petition and Appeal of Captain John Stewart, otherwise Colterane, to which William Graham Merchant in Edinburgh, and His Majesty's Advocate for Scotland, are Respondents:

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

Adjourn.

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

DIE Veneris, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Glocestr.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Argyll.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Litchfield.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Walpole.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

E. Breadalbane & al. against Menzies & al.

A Petition of James Menzies Esquire, One of the Respondents to the Appeal of John Earl of Breadalbane, and His Majesty's Advocate, was presented, and read; setting forth, "That the said Appeal is appointed to be heard on Wednesday next; but the other Respondent has not yet put in his Answer;" and praying, That the Hearing may be put off to such further Day as to the House shall seem meet."

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

And being withdrawn:

Ordered, That the said Hearing be put off to Monday the 27th Day of this Instant February.

Hopley, to take the Name of Dod, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Randle Hopley of Overton in the County of Chester Gentleman, and his Issue, to take and use the Surname of Dod, pursuant to the Will of William Dod Esquire, deceased."

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. Burroughs and Mr. Allen:

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

Templeman & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Andrew Templeman and John Darlon, of London, Merchants."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Stewart against Graham & al.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Captain John Stewart, otherwise Colterane; complaining of an Interlocutor of the Lords of Session in Scotland, of the 5th of January 1742/3; and of another Interlocutor of the said Lords, of the 9th of June 1743, whereby they adhered to their former Interlocutor; and also of an Interlocutor of the Lord Ordinary, of the 18th of the same June; and Two Interlocutors of the Lord Ordinary, of the 29th of the same Month; and likewise of another Interlocutor of the Lord Ordinary, of the 13th of July following; and also of Two Interlocutors of the Lords of Session, of the 26th and 29th of the same July, made on the Behalf of William Graham Merchant in Edinburgh; and praying, "That the said Interlocutors might be reversed, varied, or amended; and such other Relief given the Appellant as to this House in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said William Graham Trustee of Mrs. Hathorn and her Husband, and the Tenants on the Estate of Phisgil, and the Answer of His Majesty's Advocate for Scotland, 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 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.

Bassledon Heath enclosing, Bill.

The Lord Gower (pursuant to the Order of the 3d Instant) presented to the House a Bill, intituled, "An Act for enclosing the Common and Waste Ground called Basledon Heath, in the County of (fn. 1) Berks."

And the same was read the First Time.

North Stoneham Common enclosing, Bill.

The Earl of Warwick (pursuant to the Order of the 3d Instant) presented to the House a Bill, intituled, "An Act for confirming Agreements made for enclosing and dividing Part of North Stoneham Common, in the County of Southampton."

And the same was read the First Time.

Mareham le Fen Common enclosing, Bill.

The same Earl (pursuant to the Order of the 31st of January last) presented to the House a Bill, intituled, An Act for enclosing and dividing the Common called The Severals, and the Moor, lying in the Manor and Parish of Mareham Le Fen, in the County of Lincoln."

And the same was read the First Time.

Clarke & al. Leave for a Bill, for Sale of Bagnall's Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Godfrey Clarke Esquire, and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Capital Messuage at Roughampton, and divers Lands and Hereditaments in the County of Surrey, late the Estates of Joseph Bagnall Esquire, deceased; and for purchasing another Estate, to be settled to the same Uses."

Leigh against Jones & al.

Upon reading the Petition and Appeal of Francis Leigh Esquire; complaining of an Order of the Court of Chancery, of the 4th of June 1742; and also of a Decree of the said Court, of the 28th of the same Month; and of an Order of the 23d of March following; and praying, "That the same may be reversed, or varied, in the Particulars in the Appeal mentioned; and such other Relief given the Appellant as to the great Wisdom of this House shall seem meet; and that John Bennett and Mary his Wife, Henry Spencer and Anne his Wife, William Vade, Richard Leigh, Jasper Jones and Frances his Wife, Jasper Leigh Jones, Thomas Leigh of Farnham, Thomas Wildman and Dorothea his Wife, Fitzwilliam Plumtree, Sir Thomas Wynne, and William Fawkes, may be required to answer the said Appeal:"

It is Ordered, That the several Persons last named may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 24th Day of this Instant February.

Binny & al. against Hunter.

A Petition of Andrew Hunter and others, Respondents to the Appeal of Alexander Binny and others, was presented, and read; praying, "In regard the Matters in Controversy are under Accommodation, that the Hearing the Cause, which stands for the 22d Instant, may be put off to such further Day as to the House shall seem meet."

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

And being withdrawn:

Ordered, That the said Hearing be put off to the First vacant Day for Causes after those already appointed.

McKenzie to enter into Recognizance for Sandilands.

The House being moved, "That Kenneth Mackenzie of Gray's Inn Esquire may be permitted to enter into a Recognizance for Katherine Sandilands, on account of her Appeal depending in this House; she being in Scotland:"

It is Ordered, That the said Kenneth Mackenzie may enter into a Recognizance for the Appellant, as desired.

Adjourn.

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

Footnotes

1 Origin. Bucks; vide, p. 303. a. 309. b. 329. b. &c.