House of Lords Journal Volume 28: February 1755, 11-20

February 1755, 11-20

DIE Martis, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir A. Grant against Hill & al.

The joint and several Answer of Edward Hill Esquire and Catherine his Wife, Mary Burroughs, and Frances Paulet, to the Cross Appeal of Sir Archibald Grant Baronet, was brought in.

Sir J Cockburn against L. Advocate.

As was also, the Answer of Robert Dundas Esquire, His Majesty's Advocate for Scotland, to the amended Appeal of Sir James Cockburn of Langton Baronet.

E. of Scarborough takes the Oaths.

Richard Earl of Scarbrough took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Blewitt's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for rectifying and supplying a Mistake and Omission in a Settlement made of the Estate of Mary Blewitt Widow, on the Marriage of Edmond Blewitt her Eldest Son; and for settling the said Estate on his Issue Male; and for raising Portions for his Younger Brothers," 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."

Ordered, That the said Bill be engrossed.

St. John and Principal of Magdalen Hall, Bill.

The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing an Agreement between the Principal of Saint Mary Magdalen Hall in the University of Oxford, and Ellis St. John Clerk, for exchanging the Advowson of the Church of South Moreton in the County of Berks, for the alternate Presentation of the Church of Finchamstead in the said County," 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."

Ordered, That the said Bill be engrossed.

Sutton and Reigate Road; Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Sutton in the County of Surrey, through the Borough of Reigate, by Sidlow Mill, to Povey Cross, and from Sutton aforesaid, through Cheam, and over Howell Hill, to Ewell; and also the Road from Tadworth, by the Windmill, to the Bottom of Pebble Hill in the said County."

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

It was Resolved in the Affirmative.

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

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

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

Monmouth Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the several Roads leading to, through, and from, the Town of Monmouth;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Settler & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Otto Ewald Settler and Albert Mahlstede;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Arch. York & al. Leave to petition for a Private Bill:

A Petition of the most Reverend Mathew Lord Archbishop of York and others, was presented, and read; setting forth, "That the Petitioners, having entered into an Agreement to endeavour to obtain an Act of Parliament, for an Exchange of certain Tithes and Lands therein mentioned, intended to apply to this House, by Petition, for Leave to bring in a Bill for that Purpose; but, as Part of the Lands so intended to be exchanged have, by the great Floods which have lately happened, been covered with Water, so that a proper Survey could not be taken thereof, the Petitioners have been prevented from preparing and tendering their said Petition within the Time limited by Order of this House for receiving Petitions for Private Bills; and therefore praying their said Petition may be received, notwithstanding the Time so limited is expired:"

Ordered, That the Petitioners may have Leave to present their said Petition, as desired.

Pet. for a Bill of Exchange, referred to Judges.

Accordingly, a Petition of the most Reverend Mathew Lord Archbishop of York, and of the Right Reverend Thomas Lord Bishop of Norwich, and Sir Bryan Stapylton Baronet, Lord of the Manor of Myton in the County of York, was presented, and read; praying Leave to bring in a Bill, for establishing an Agreement for an Exchange of the Rectorial and Vicarial Glebe Lands and Tithes in Myton aforesaid, for certain Lands of the said Sir Bryan Stapylton, in Branton, Upper Dunsforth, and Lower Dunsforth, in the said County of York; and rendering the same effectual for the Purposes therein mentioned.

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

L. Cathcart against Schaw and Stewart.

Upon reading the Petition and Appeal of Charles Schaw of Sauchie, Lord Cathcart; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 11th of August 1754, and 31st of January 1755; and praying, "That the same may be reversed, varied, or altered; and that the Appellant may have such other Relief in the Premises as to this House in their great Wisdom and Justice shall seem meet; and that John Stewart Nicolson Schaw, and Sir Michael Stewart, his Father and Administrator in Law, may be required to answer the said Appeal:"

It is Ordered, That the said John Stewart Nicolson Schaw, and Sir Michael Stewart, may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Tuesday the 11th Day of March next; and Service of this Order upon any of their Procurators or Agents in the Court below shall be deemed good Service.

York Buildings Annuitants against D. of Norfolk & al.

The House being moved, "That Monday the Third Day of March next may be appointed, for hearing the Cause wherein James Peachey and others, Trustees for the Annuitants of the York Buildings Company are Appellants, and Edward Duke of Norfolk and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Third Day of March next, as desired.

Hill & al. against Sir A. Grant; et è contra.

The House being moved, "That Wednesday the Fifth Day of March next may be appointed, for hearing the Cause wherein Edward Hill Esquire and others are Appellants, and Sir Archibald Grant is Respondent; et è contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fifth Day of March next, as desired.

Murray and His Majesty's Advocate against Thomson & al.

Ordered, That the Hearing of the Cause wherein James Murray Esquire and His Majesty's Advocate are Appellants, and Andrew Thomson and others are Respondents, which stands appointed for Friday next, be put off to Monday the Twenty-fourth Day of this Instant February.

Christ's Hospital, Exchange of Lands, Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for exchanging of Lands between the Mayor and Commonalty and Citizens of the City of London, Governors of Christ's Hospital, and John Leman Esquire," which is appointed for Tomorrow, be put off to Friday next.

Adjourn.

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

DIE Jovis, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Douglas against Lockhart.

The Answer of John Lockhart of Lee Esquire, to the Appeal of Archibald Duke of Douglas, was brought in.

Blewitt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for rectifying and supplying a Mistake and Omission in a Settlement made of the Estate of Mary Blewitt Widow, on the Marriage of Edmond Blewitt her Eldest Son; and for settling the said Estate on his Issue Male; and for raising Portions for his Younger Brothers."

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. Lane and Mr. Waple:

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

Monmouth Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the several Roads therein mentioned, leading to, through, and from, the Town of Monmouth."

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

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

St. John and Principal of Magdalen Hall, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement between the Principal of Saint Mary Magdalen Hall in the University of Oxford, and Ellis St. John Clerk, for exchanging the Advowson of the Church of South Moreton in the County of Berks, for the alternate Presentation of the Church of Finchamstead in the said County."

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 thereto.

Ibbetson's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the entailed Estate of Sir Henry Ibbetson Baronet, and vesting other Part thereof in him in Fee Simple; and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled, together with some other Lands whereof he is seised in Fee, in Lieu of the Lands so to be sold; and for other Purposes therein mentioned," 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."

Ordered, That the said Bill be engrossed.

Houghton against West & al.

A Petition of Sir Henry Tuite, One of the Respondents to an Appeal depending in this House, wherein Arthur Houghton Esquire is Appellant, was presented, and read; praying, "In regard several Pleadings and Proceedings necessary for the Petitioner's Defence at the Hearing of the said Appeal are not yet transmitted, but are expected to arrive in about a Week or Ten Days Time; that the Hearing of the said Cause, which stands appointed for Wednesday next, may be put off for Three Weeks, or such other Time as to their Lordships shall seem meet."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Friday the Seventh Day of March next.

Kenilworth Common Fields, to enclose, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Waste Grounds, and Commonable Lands, in the Parish of Kenilworth, in the County of Warwick;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Morgan's Divorce Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And Mr. Evans, Counsel for the Bill, was heard.

And proceeding to call Witnesses, in order to make out the Allegations thereof:

Mr. Forrester, Counsel for the said Mrs. Morgan, admitted the Marriage and Cohabitation to be as stated in the Bill; as also the Settlement made upon the Marriage.

Then the Counsel for the Bill called Mary Kelly; who, being sworn and examined, gave an Account, "That she was House-maid in Mr. Morgan's Family; and that, from her Mistress's Behaviour, there was a general Suspicion, among the Servants of the Family, of too great an Intimacy between her Mistress and William Scot the Coachman; and that she had observed her Mistress very free with him; and one Day she (the Witness) went up Stairs into a Room facing the Back Yard, and saw Scot go into the Stable, and saw him stand within the Stable Door, and saw her Mistress Mrs. Morgan go into the Stable to him; and then the Door was shut, and she stayed in the Stable with him near an Hour; and next Morning she found Bits of Hay and Straw in the Plaits of her Mistress's Gown: And she saw her Mistress at another Time go into the Stable to Scot, where she stayed with him above Half an Hour."

She is directed to withdraw.

And Mary Dawson was called in, and sworn; and gave an Account, "That she was House-keeper in Mr. Morgan's Family; and that she saw Pieces of Hay and Straw in the Plaits of her Mistress's Gown, which Kelly shewed her; that it was generally suspected by the Servants that her Mistress was too intimate with the said Scot; and that it was their constant Table Talk; and that she acquainted her Mistress with it; and told her, "She ought to get the said Scot discharged:" And soon after he was discharged."

Being asked, "Whether, after the Suit was instituted in the Ecclesiastical Court, her Mistress did not write Letters to her, not to appear in Court against her? and whether she has any of these Letters?" says, She received several Letters from her Mistress; but has not kept them, never expecting to be asked any Questions about them; but thinks she gave One of her Mistress's Letters to Mr. Harper."

She is directed to withdraw.

Then Simon Wells was called in, and sworn; and, being examined, gave an Account, "That Mr. Morgan went from his House in Dublin into the County about the Ninth or Tenth of May 1751; and he and one Singleton were employed by Mr. Morgan to have an Eye upon Mrs. Morgan, and watch her; and that, upon the 15th of May, he saw her come out of a Neighbour's House, and go cross Capel Street, and then go into a Hackney Coach; and saw Scot walking by the Side of the Coach; and when the Coach got to the North End of Stephen's Green, Scot got into the Coach to her; and all the while he was in the Coach, the Windows were drawn up: And he saw them get out of the Coach, and nobody else was in it: That, on the 20th of May, she went out again on Foot, and walked to The North Wall, where Scot was sitting upon some Timber; and when she came up, Scot joined her; and they went together, and struck down to The Lotts; and he and Singleton went after them, and saw them together in the Corner of a Meadow; and then went and looked through the Hedge, and saw something like White Linen lying upon the Ground; and after saw Mrs. Morgan sitting upon the Grass; and saw the said Scot, who appeared to be buttoning up his Breeches; and Mrs. Morgan got up; and after she had settled her Clothes, they went away together, Arm in Arm; and that he and Singleton then went to the Place, and plainly saw (by the Pressure of the Grass, which was very high and ready for cutting) the Marks of a Person that had lain down, and also a Mark as if a Toe had raised the Earth a little."

He is directed to withdraw.

Then Richard Singleton was called in.

And, being sworn and examined, gave the like Account as the former Witness.

And then he withdrew.

Then a Letter, directed to Mary Dawson, being produced:

The said Mary Dawson was again called in.

And the said Letter being shewn to her; she said, "It was Mrs. Morgan's Hand-writing, and the Letter which she gave to Mr. Harper."

Then the said Letter was read.

And Three other Letters were produced, directed to Mr. William Ferns, in Kevans Street, Dublin.

And the same being shewn to the said Mary Dawson; she said, "She was well acquainted with Mrs. Morgan's Hand-writing; and she believes the said Letters to be of her Hand-writing."

And then she was directed to withdraw.

And the said William Ferns was called in.

And, being sworn and examined, gave the House an Account, "That he was desired by Scot to receive Letters from Mrs. Morgan's for him; which he did accordingly; and, as Scot could not write, he, by Scot's Directions, wrote for him Two or Three Times to Mrs. Morgan. And an Answer of Mrs. Morgan's being intercepted by one Bradley, he carried it to Mr. Morgan; by which Means the Correspondence was discovered."

The said Three Letters being shewn to him; he said, "He received those Letters from Mrs. Morgan for Scot; and that, after the Correspondence was discovered, he delivered the said Three Letters to Mr. Morgan."

He is directed to withdraw.

Then the said Three Letters were read.

The Exemplification of the Definitive Sentence of Divorce in the Consistorial and Metropolitical Court of Dublin was read.

And the Evidence for the Bill being finished:

Mr. Forrester, Counsel for Mrs. Morgan, acquainted the House, "That he had no Instructions to oppose the Bill, or attempt an Extenuation; but only to desire a Clause may be inserted in the Bill, for saving the Provision which has been made for her by Deed since the said Sentence of Divorce."

Then the said Mary Dawson was again called in; and asked as to the Time when Mrs. Morgan left Mr. Morgan's House; and whether she has had any Child? And acquainted the House, "That she left her Husband's House about the 2d of August 1751; and that she had no Child while she lived with him; and she believes she never had a Child; for she has told her, she never was with Child."

The Counsel were directed to withdraw.

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

Ordered, That the House be put into a Committee on the said Bill, on Wednesday next.

Ordered, That the Sittings of the Committees upon Private Bills, which stand appointed for To-morrow, be put off to Monday next.

Adjourn.

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

DIE Lunæ, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Christ's Hospital, Exchange of Lands, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging of Lands, between the Mayor and Commonalty and Citizens of the City of London, Governors of Christ's Hospitall, and John Leman Esquire," 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."

Ordered, That the said Bill be engrossed.

Soulsby to take the Name of Reed, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Christopher Soulsby Esquire, now called Christopher Reed, and his Heirs, to take and use the Surname and Arms of Reed," 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."

Monmouth Roads, Bill.

The Earl of Warwick likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the several Roads therein mentioned, leading to, through, and from, the Town of Monmouth," 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."

Glasgow, Duty on Beer, Bill.

The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing and rendering more effectual an Act passed in the Ninth Year of the Reign of His present Majesty, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages," was committed: That they have 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."

Ibbetson's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling Part of the entailed Estate of Sir Henry Ibbetson Baronet, and vesting other Part thereof in him in Fee Simple; and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled, together with some other Lands whereof he is seised in Fee, in Lieu of the Lands so to be sold; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Kenilworth Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Waste Grounds, and Commonable Lands, in the Parish of Kenilworth, in the County of Warwick."

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

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

M. Dowager of Annandale against the Marquis & al.

After hearing Counsel in Part, in the Cause wherein Charlotta Johnston Marchioness Dowager of Annandale is Appellant, and George Marquis of Annandale and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in precisely at One o'Clock.

Adjourn.

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

DIE Martis, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Cockburn against Sir J. Cockburn.

The Answer of Sir James Cockburne Eldest Son of Sir William Cockburne of that Ilk, and others, to the Appeal of Sir James Cockburne of Langton Baronet, was brought in.

Lockhart against the D. of Douglass; Cross Appeal.

As was also, the Answer of Archibald Duke of Douglas, to the Cross Appeal of John Lockhart of Lee Esquire.

The King's Consent to Kenilworth Common Bill signified.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Waste Grounds, and Commonable Lands, in the Parish of Kenilworth, in the County of Warwick," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Wolverhampton Chapel Bill.

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

With a Bill, intituled, "An Act for erecting and building a new Chapel, in the Town of Wolverhampton, in the County of Stafford;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Christ's Hospital Exchange of Lands, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between the Mayor and Commonalty and Citizens of the City of London, Governors of Christ's Hospital, and John Leman Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Sir J. Cookburn against Sir J. Cockburn & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir James Cockburne Baronet of Langtoun is Appellant, and Sir James Cockburne of that Ilk Baronet 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.

Marchioness Dowager of Annandale against the Marquis & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the most Noble Charlotta Johnston Marchioness Dowager of Annandale; complaining of an Interlocutor of the Lords of Session in Scotland, of the 1st Day of August 1754; and of an Interlocutor of the Lord Ordinary, of the 2d of the same Month; made on the Behalf of George Marquis of Annandale, Ronald Craufurd the Receiver of the Rents of the Estate of Annandale, and the Tenants of the same Estate; and praying, "That the same might be reversed; and that the Appellant might have such further and other Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said Marquis of Annandale, Ronald Craufurd, and the Tenants of the Real Estate of the said Marquis in Scotland, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed in Part, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Interlocutors of the 1st and 2d of August 1754, as relates to the Principal Sum of Thirty-six Thousand Five Hundred and Three Pounds, Fifteen Shillings, and Three Pence Halfpenny, in Question in this Cause, be, and the same is hereby, reversed: And it is further Ordered, That the Action at the Instance of the Appellant, for the said Principal Money, be sustained: And it is hereby further Ordered and Adjudged, That the rest of the said Interlocutors be affirmed, without Prejudice to the Respondent the Marquis, or any Person lawfully authorized on his Behalf, to bring such Action, or take such Remedy, for obtaining Satisfaction out of the Rents and Profits of the Estate in Question, for such Annual Rent or Interest of the said Principal Sum as hath accrued since the said Marquis attained his Age of Twenty-three Years, or any Part thereof, as shall be competent in that respect, and as they shall be advised; and that the said Cause be remitted to the Court of Session, to proceed therein pursuant to this Order, and according to Law and Justice.

Adjourn.

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

DIE Mercurii, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kimbolton and other Roads, Bill.

A Message was brought from the House of Commons, by Sir John Cust and others:

With a Bill, intituled, "An Act for repairing the Road from the North End of Brown's Lane in Great Stoughton in the County of Huntingdon, through Kimbolton and Higham Ferrers, to the Way-Post near Wellingborough Bridge in the County of Northampton, and from the Pound in Kimbolton to the Way-Post in Great Catworth Field, near Brington Bridge, in the said County of Huntingdon;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. to return Spelman's Bill.

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

To return the Bill, intituled, "An Act for rectifying and supplying several Defects and Omissions in certain Common Recoveries suffered by Edward Spelman Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Ready's Bill to take the Name of Colston.

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

To return the Bill, intituled, "An Act to enable Alexander Ready Esquire, and his Issue by Sophia his Wife (late Sophia Edwards) to take and use the Surname of Colston, pursuant to the Will of Edward Colston Esquire, deceased; and to bear the like Arms which were borne by the said Edward Colston;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Mountaguhouse, British Museum, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Montagu House in Trustees and their Heirs, freed and discharged from all the Estates, Uses, and Agreements, to which it at present stands limited and appointed, upon Trust, to convey the same to the Trustees of The British Museum, for a general Repository, and upon such other Trusts as therein are mentioned," 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."

Ordered, That the said Bill be engrossed.

Monmouth Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the several Roads therein mentioned, leading to, through, and from, the Town of Monmouth."

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

It was Resolved in the Affirmative.

Glasgow Duty on Beer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and rendering more effectual an Act passed in the Ninth Year of the Reign of His present Majesty, intituled, An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be veaded or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages."

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

It was Resolved in the Affirmative.

Soulby to take the Name of Reed, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Christopher Soulsby Esquire, now called Chistopher Reed, and his Heirs, to take and use the Surname and Arms of Reed."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were severally 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 Bills, without any Amendment.

Sir J. D. Colt, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Dutton Colt 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 1^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Sir John Dutton Colt Baronet in Trustees, to be sold, for discharging several Encumbrances affecting the same; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."

Churchover Common Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Ground, in the Manor and Parish of Churchover, in the County of Warwick;" to which they desire the Concurrence of this House.

Slingsby Common Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing several Open Fields and Pastures or Commons, in the Township of Slingsby, in the County of York;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were read the First Time.

Pet. of Appellants in the York Buildings Cause, to put off the Hearing, rejected.

A Petition of James Peachy Esquire and others, Trustees for the Annuitants for Lives payable by the York Buildings Company, Appellants in a Cause depending in this House, in which the Duke of Norfolk and others are Respondents, which stands for hearing on Monday the Third Day of March next, was presented, and read; praying, "In regard the Petitioners cannot be ready by that Day, for Want of some material Papers which are not yet transmitted from Scotland; that the said Hearing may be put off till Wednesday the Twelfth Day of March next."

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

And being withdrawn:

Ordered, That the said Petition be rejected.

Sir L. M'Kenzie peremptorily to answer Ld. Advocate's Appeal.

The House was informed, "That Sir Lewis Mackenzie, Respondent to the Appeal of Robert Dundas Esquire His Majesty's Advocate for Scotland, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Alston Clerk to His Majesty's Signet, of the due Service of the said Order, being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.

Morgan's Divorce Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and made some Amendments thereto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Bristol Nightly Watch, Bill.

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

With a Bill, intituled, "An Act for establishing, maintaining, and well-governing, a Nightly Watch within the City of Bristol;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Thursday the Twenty-seventh Day of this Instant February.

D. Douglas against Lockhart; et è contra.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Archibald Duke of Douglas is Appellant, and John Lockhart Respondent; et è contra:"

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.

Adjourn.

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

DIE Jovis, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Montagu-house, British Museum, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Montagu House in Trustees and their Heirs, freed and discharged from all the Estates, Uses, and Agreements, to which it at present stands limited and appointed, upon Trust, to convey the same to the Trustees of The British Museum, for a general Repository, and upon such other Trusts as therein are mentioned"

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

The King's Consent to Wolverhampton Chapel signified, Bill.

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for erecting and building a new Chapel in the Town of Wolverhampton, in the County of Strafford," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Sir J. D. Colt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Sir John Dutton Colt Baronet in Trustees, to be sold, for discharging several Encumbrances affecting the same; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled to the same Uses."

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

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

Lambard to sell a Messuage to Lady Jane Coke, Bill: Special Report.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting a Copyhold Messuage or Tenement in the County of Middlesex, with the Appurtenances, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to enable them to sell and convey the same to the Lady Jane Coke, pursuant to an Agreement for that Purpose; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses appointed by the said Will," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that all the Parties concerned had given their Consents thereunto, except Anne Elizabeth Lee, whose Interest under the Will is very remote, she being only entitled to the Reversion of One Fifth Part of the Premises intended by the Bill to be sold, after the Death of the Petitioners for the Bill, and Failure of Issue of Grace Lambard, who hath Four Children now living; that Two Persons attended her with the Petition, and explained the same to her; and that a Copy of the Bill was delivered to her, with Notice of the Time of the Meeting of the Committee; and that she neither appeared herself, nor any Person for her, to oppose the Bill, and that the Committee had gone through the Bill, and made several Amendments thereto."

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

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

Wolverhampton Chapel, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting and building a new Chapel, in the Town of Wolverhampton, in the County of Stafford."

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

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

Kimbolton Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the North End of Brown's Lane in Great Stoughton in the County of Huntingdon, through Kimbolton and Higham Ferrers, to the Way-Post near Wellingborough Bridge in the County of Northampton, and from the Pound in Kimbolton to the Way-Post in Great Catworth Field near Brington Bridge in the said County of Huntingdon."

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

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

Slingsby Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, and Pastures or Commons, in the Township of Slingsby in the County of York."

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

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

Pet. of Inhabitants of Bristol against the Nightly Watch, Bill.

Upon reading the Petition of the Gentlemen, Merchants, Tradesmen, and other principal Inhabitants, of the City of Bristol, whose Names are thereunto subscribed; taking Notice of a Bill depending in this House, for establishing, maintaining, and governing, a Nightly Watch within the said City; and alledging, "That, though the Petitioners should not have been against a well-regulated Nightly Watch; yet they conceive there are in the said Bill, as it now stands, many Powers and Clauses, which may be very detrimental to the Liberties and Properties of the Petitioners, and destructive to the Constitution of the said City;" and therefore praying, "That they may be heard, by themselves or Counsel, against the said Bill; and that the same may not pass into a Law:"

It is Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof; as may also Counsel be heard for the Bill at the same Time; and that the Lords be summoned.

Morgan's Divorce Bill.

The Earl of Warwick (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for dissolving the Marriage of Richard Morgan Esquire with Anne Hall his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

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

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

Churchover Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Ground, in the Manor and Parish of Churchover, in the County of Warwick."

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

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

Adjourn.

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