House of Lords Journal Volume 29
February 1758, 1-10

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History of Parliament Trust

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1767-1830

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225-231

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'House of Lords Journal Volume 29: February 1758, 1-10', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 225-231. URL: http://www.british-history.ac.uk/report.aspx?compid=114442 Date accessed: 29 July 2014.


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February 1758, 1-10

DIE Veneris, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Sarum.
Epus. Carliol.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Gloucester.
Epus. Meneven.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Devon. Camerarius.
Dux Argyll.
Dux Manchester.
March. Lothian.
Comes Lincoln.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Moray.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Tankerville.
Comes Aylesford.
Comes Pomfret.
Comes Waldegrave.
Comes Bath.
Comes Gower.
Comes Buckinghamsh.
Comes Egremont.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Strange.
Ds. Foley.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Hyde.
Ds. Mansfield.

PRAYERS.

Miller against Alexander.

The Answer of William Alexander Esquire, to the Appeal of George Miller, was brought in.

Boyle against Evans & al.

As was also the Answer of Eyre Evans Esquire and Mary Foster, Two of the Respondents to the Appeal of Bellingham Boyle Esquire.

Brancepeth Enclosure and Stockley Moors, Bill.

The Earl of Fauconberg reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Wastes or Commons called Brancepeth and Stockley Moors, or Commons, within the Manor and Parish of Brancepeth, in the County of Durham," 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."

The King against Ponsonby & al. Writ of Error.

Upon reading the Petition of the Honourable John Ponsonby Esquire and others, Defendants in a Writ of Error depending in this House, wherein the King's Majesty is Plaintiff; setting forth, "That the Petitioner's Counsel, who argued the Cause in the Court of King's Bench, and was to have argued the same before this House, has lately, by reason of other Engagements, declined the arguing thereof, which has put the Petitioners under the Necessity of employing other Counsel;" and praying, "In regard it will be impossible for such new Counsel to be sufficiently instructed to argue the Cause by Wednesday next, which is the Day on which the said Cause now stands in Course to be heard, that the said Hearing may be put off till Tuesday the 21st Instant:"

It is Ordered, That the said Hearing be put off till Tuesday the 21st Instant, as desired.

Chichester against E. Donegal: Hearing brought forward.

Upon reading the Petition of Ann Chichester Widow, Appellant in a Cause depending in this House, which stood appointed for Hearing; setting forth, "That, the said Cause being abated by the Death of the Respondent the late Earl of Donegall, their Lordships, upon the Petitioner's humble Application, on the 15th of December last, were pleased to order the said Appeal to be revived against the present Earl of Donegall and the Honourable Richard Barry Esquire; and that they should put in their Answer thereto;" and praying, "In regard the said Respondents have put in their Answer; and that the Hearing of the said Cause was postponed by the Abatement thereof as aforesaid; that a short Day may be appointed for hearing the same:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; the Cause which stood for that Day being put off by the last Order.

Blacker, Leave to receive his Appeal, though out of Time:

Upon reading the Petition of William Blacker, with an Affidavit annexed; setting forth, "That the Petitioner, conceiving himself aggrieved by a Decree pronounced by the Court of Exchequer in Ireland, on the 15th of June last, in a Cause wherein Wilsey Mathers was Plaintiff, and the Petitioner Defendant, was advised to appeal to this House from the same; that, since the said Decree, a Compromise was set on foot, for ending amicably all Differences; but, the same not taking Effect, the said Wilsey Mathers proceeded to draw up the said Decree, but the same was not passed and signed by the Officer till December last, as by the annexed Affidavit appears; and that, the Petitioner's Agent in Ireland having omitted to inform his Agent here of the Delay in signing and passing the said Decree, a proper Petition could not be presented to this House for receiving the said Appeal till the Cause of neglecting to present it sooner could be ascertained by Affidavit; and that the Petitioner's Agent did not receive the annexed Affidavit till Friday last;" and therefore praying, "In regard the Petitioner has not been guilty of any affected Delay, and he may be greatly prejudiced by performing a Decree which he is advised is erroneous, that their Lordships will be pleased to receive his said Appeal as if the same had been presented in due Time:"

It is Ordered, That the said Appeal be now received.

Blacker against Mathers.

Upon reading the Petition and Appeal of William Blacker Esquire; complaining of a Decree of the Court of Exchequer in Ireland, of the 15th Day of June 1757; and praying, "That the same may be reversed and set aside; and that the Appellant may have such other Relief as the Nature and Circumstances of the Case may require; and that Wilsey Mathers may be required to answer the said Appeal:"

It is Ordered, That the said Wilsey Mathers may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 10th Day of March next; and Service of this Order on his Clerk in Court, or Attorney in the said Court of Exchequer in Ireland shall be deemed good Service.

E. of Egmont Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Earl of Egmont in the Kingdom of Ireland; 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 to enable John Earl of Egmont in the Kingdom of Ireland to raise Money, for purchasing Lands in England, for the Purposes of his Marriage Settlement, by Mortgage, instead of Sale, of Part of his Irish Estate."

Miller against Alexander.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Miller is Appellant, and William Alexander 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.

Pierie to enter into a Recognizance for Allan & al.

The House being moved, "That William Pierie of The Middle Temple Gentleman may be permitted to enter into a Recognizance for William Allan and Company, on account of their Appeal depending in this House; they living in Scotland:"

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

Monsel & al. against E. Blesinton & al. Cross Appeal.

Upon reading the Petition and Cross Appeal of William Monsell Esquire, and George Tuthill Gentleman; complaining of Part of a Decree of the Court of Exchequer in Ireland, of the 12th Day of February 1757; and praying, "That the same may be reversed, varied, or rectified; and that the Appellants may have such other Relief as the Nature of their Case requires; and that William Earl of Blesinton, Arthur Hill Esquire, John Williams, James Lord Tyrawley and Mary Lady Tyrawley his Wife, may be required to answer the said Appeal:"

It is Ordered, That the said William Earl of Blesinton, Arthur Hill, John Williams, James Lord Tyrawley and Mary Lady Tyrawley his Wife, 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 10th Day of March next; and Service of this Order on the Attornies of the said Respondents respectively in the said Court of Exchequer in Ireland shall be deemed good Service.

Robinson against Hicks, alias Robinson.

Counsel were called in, to be heard, in the Cause wherein William Robinson Clerk is Appellant, and Edmund Hickes alias Robinson is Respondent, being an Appeal from a Decree of the Court of Chancery, of the 8th of March 1757.

And the Counsel for the Appellant having been heard:

They were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Judges do then attend; and that the other Causes be removed in Course.

Home & al. Trustees of Murray against Gowdie.

Upon reading the Petition and Appeal of Henry Home of Kaims Esquire, One of the Senators of the College of Justice, and others, the Trustees named by James Murray of Cherrytrees, deceased, for and on Behalf of Patrick Murray now of Cherrytrees Advocate, and the other Children of the said James Murray, and of John Ramsay of Auchertyre, and his Trustee James Richardson Writer in Edinburgh; complaining of several Interlocutors of the Lords of Session in Scotland, of the 13th of June and 31st of July 1753, the 12th of January and 4th of August 1757, and of the 4th and 17th of January 1758; and praying, "That the said Interlocutors may be reversed, varied, or amended; and that the Appellants may have such other Relief in the Premises as to this House in their Lordships great Wisdom and Justice shall seem meet; and that John Gowdie may be required to answer the said Appeal:"

It is Ordered, That the said John Gowdie may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the 3d Day of March next; and Service of this Order upon any of his Counsel or Agents in the Court of Session in Scotland shall be deemed good Service.

Adjourn.

Dominus Custos Magni Sigilli 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. Duresm.
Epus. Eliens.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Glocestr.
Epus. Meneven.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Leeds.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Essex.
Comes Shaftesbury.
Comes Coventry.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Buckinghamsh.
Comes Northumberland.
Comes Egremont.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Feversham.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

The joint and several Answer of William Simpson, Thomas Morris, and others, to the Appeal of Henry Lord Viscount Irwin, was brought in.

E. of Kerry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Thomas Earl of Kerry and Lixnaw in the Kingdom of Ireland, and Sir Maurice Crosbie his Guardian; 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 to enable Sir Maurice Crosbie Knight to discharge an Encumbrance on certain Collieries and Coal Mines in the County of Durham, Part of the Estate of Francis Thomas Earl of Kerry and Lixnaw in the Kingdom of Ireland, a Minor."

E. of Egmont's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Earl of Egmont in the Kingdom of Ireland to raise Money, for purchasing Lands in England, for the Purposes of his Marriage Settlement, by Mortgage, instead of Sale, of Part of his Irish Estate."

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

D. Leeds.
E. Warwick.
E. Denbigh.
E. Winchilsea.
E. Essex.
E. Shaftesbury.
E. Lauderdale.
E. Findlater.
E. Breadalbane.
E. Marchmont.
E. Buckinghamsh.
E. Northumberland.
E. Egremont.
E. Hardwicke.
Vis. Falmouth.
L. B. Durham.
L. B. Ely.
L. B. Litch. & Cov.
L. B. Gloucester.
L. B. Peterborough.
L. Willoughby Par.
L. Ducie.
L. Edgecumbe.
L. Sandys.
L. Feversham.
L. Mansfield.

Their Lordships, or any Five of them; to meet on Tuesday the 21st Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Brancepeth Common and Stockley Moors, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Wastes, or Commons, called Brancepeth and Stockley Moors, or Commons, within the Manor and Parish of Brancepeth, in the County of Durham."

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. Montague and Mr. Lane:

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

Lyme Regis Roads, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads, in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis."

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

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

E. Blesinton against Monsell & al.: Pleadings proved.

The House being informed, "That George Cannon attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein William Earl of Blesinton in the Kingdom of Ireland is Appellant, and William Monsell Esquire and others are Respondents:"

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

And then he withdrew.

Robinson against Hicks alias Robinson:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein William Robinson Clerk is Appellant, and Edmund Hickes alias Robinson is Respondent.

And the Counsel for the Respondent having been heard;

As also One Counsel for the Appellant, by Way of Reply.

They were all directed to withdraw.

Question to the Judges.

And it being proposed, "That the Judges be directed to deliver their Opinions upon the following Question;" (videlicet,)

"Whether any, and what, Estate or Interest in the Premises in Question is, by virtue of the Will of the Testator George Robinson, vested in Edmund Hickes alias Robinson, the Respondent?"

The same was agreed to.

And thereupon the Lord Chief Baron of the Court of Exchequer acquainting the House, "That the Judges desired some Time might be allowed them for that Purpose:"

Ordered, That the further Consideration of this Cause be adjourned till Tuesday the 14th Instant; and that the Judges do then attend, to deliver their Opinions upon the said Question.

Bowes against E. Shrewsbury & al.

Ordered, That the Cause wherein George Bowes Esquire is Appellant and the Earl of Shrewsbury and others are Respondents, which stands appointed for Wednesday, be put off to Thursday next.

Adjourn.

Dominus Custos Magni Sigilli 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:

Arch. Cantuar.
Epus. Duresm.
Epus. Eliens.
Epus. Bath. & Wells.
Epus. Carliol.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Cicestrien.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Somerset.
Dux Argyll.
Dux Portland.
Dux Bridgewater.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Morton.
Comes Lauderdale.
Comes Breadalbane.
Comes Marchmont.
Comes Tankerville.
Comes Halifax.
Comes Pomfret.
Comes Waldegrave.
Comes Effingham.
Comes Bath.
Comes Gower.
Comes Buckinghamsh.
Comes Northumberland.
Comes Egremont.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Fauconberg.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Foley.
Ds. Ducie.
Ds. Monson.
Ds. Sandys.
Ds. Bruce.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Feversham.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

His Majesty's Advocate against Hay and Cuthbert; and against Hay.

The joint and several Answer of Jean Hay Widow, and Alexander Cuthbert, to the Appeal of His Majesty's Advocate, for His Majesty's Interest, was brought in.

As was also the Answer of the said Jean Hay to another Appeal of His Majesty's Advocate.

D. of Somerset takes his Seat.

This Day Edward Duke of Somerset sat first in Parliament after the Death of his Father Edward Duke of Somerset; his Grace having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mutiny Bill.

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

To return the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Woollett, Leave for a Bill:

After reading and considering the Report of the Judges to whom was referred the Petition of Thomas Fysher Gentleman, and Mary Woollett Spinster; 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 to enable Mary Woollett Spinster (notwithstanding her Infancy), upon her Marriage with Robert Mead Wilmot Esquire, to settle and convey her Estate and Interest in certain Messuages, Lands, and Hereditaments, in the County of Kent, and in Two several Sums of Two Thousand Pounds and Three Hundred Pounds, to the Uses in certain Articles of Agreement mentioned."

Molineux & al. Petition referred to Judges.

Upon reading the Petition of the Honourable Maria Molyneux, Widow and Relict of the Honourable Thomas Molyneux Esquire, deceased; and also of the Right Honourable George Henry Earl of Litchfield and William Prujean Esquire, as surviving Guardians, and for and on the Behalf of Charles William Molyneux Esquire, only Son and Heir of the said Thomas Molyneux deceased, by the said Maria Molyneux; praying Leave to bring in a Bill, to vest in the Petitioners, during the Nonage of the said Charles William Molyneux the Infant, such and the same Power of making Leases as was vested in Sir William Gerard, Peter Leigh, and Ralph Standish, in and by the First Settlement in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Clive and Mr. Justice Foster; 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.

Lyme Regis Roads, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for repairing and widening several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis, be revived; and meet To-morrow."

E. of Kerry's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir Maurice Crosbie Knight, to discharge an Encumbrance on certain Collieries and Coal Mines, in the County of Durham, Part of the Estate of Francis Thomas Earl of Kerry and Lixnaw, in the Kingdom of Ireland, a Minor."

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

L. Privy Seal.
L. Chamberlain.
D. Somerset.
D. Argyll.
D. Portland.
D. Bridgewater.
E. Warwick.
E. Denbigh.
E. Winchilsea.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Breadalbane.
E. Marchmont.
E. Effingham.
E. Guilford.
E. Fauconberg.
L. Abp. Canterbury.
L. B. Durham.
L. B. Carlisle.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Chichester.
L. Willoughby Par.
L. Ward.
L. Foley.
L. Sandys.
L. Ravensworth.
L. Feversham.

Their Lordships, or any Five of them; to meet on Friday the 24th 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.

Lord George Lenox & al. Petition referred to Judges.

Upon reading the Petition of George Henry Lenox, commonly called Lord George Henry Lenox, Lady Augusta Louisa Lenox, Lady Sarah Lenox, and Lady Cecilia Margaretta Lenox, Infants, by the most Noble Thomas Holles Duke of Newcastle, the Right Honourable James Earl of Kildare in the Kingdom of Ireland and Viscount Leinster in the Kingdom of Great Britain, the Right Honourable Charles Lord Cadogan, the Right Honourable Henry Fox Esquire, and Thomas Hill Esquire, their Guardians; praying Leave to bring in a Bill, for carrying into Execution a Proposal made by the Duke of Richmond, to take certain purchased Estates and Bank Annuities, in the Petition mentioned, upon Payment of the Sum of Sixty Thousand Pounds, in the Manner therein 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. 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.

Counts Leslies against Grant and Orme: Cross Appeal.

Upon reading the Petition and Appeal of Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 9th and 10th of March 1757, 30th of June, 14th of July, 4th of August, and 16th of December 1757, and of the 7th, 19th, and 26th of January 1758; and also of several Interlocutors of the Lords of Session, of the 9th and 11th of March, 29th of July, and 6th of August, 1757; and of the 18th and 27th of January 1758; and praying, That the said Interlocutors may be reversed or varied, and such other Relief given the Appellants as to this House in their Lordships great Wisdom shall seem meet; and that Peter Grant, and David Orme his Tutor ad Litem, may be required to answer the said Appeal:"

It is Ordered, That the said Peter Grant and David Orme may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 9th Day of March next; and Service of this Order upon their Counsel or Agents before the Court of Session in Scotland shall be deemed good Service.

Croker against Napper & al.: Pleadings proved.

The House being informed, "That Walter Sweetman attended, in order to deliver in Copies of Papers and Proceedings relating to a Cause depending in this House, wherein Edward Croker Esquire and his Son are Appellants, and John Napper and others are Respondents:"

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

And then he withdrew.

Bowes against E. Shrewsbury & al.

After hearing Counsel in Part, in the Cause wherein George Bowes Esquire is Appellant, and George Earl of Shrewsbury 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 at One o'Clock; and that the Cause which stands appointed for To-morrow be put off till Monday next; and that the other Causes on Cause-days be removed in Course.

Urquhart to enter into a Recognizance on Home's Appeal.

The House being moved, "That George Urquhart of Gray's Inn may be permitted to enter into a Recognizance for Henry Home of Kaims Esquire and others, on account of their Appeal depending in this House; they being in Scotland:"

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

Palmer to enter into a Recognizance on Blacker's Appeal.

The House being moved, "That John Pelmer of Tanfield Court in The Temple may be permitted to enter into a Recognizance for William Blacker Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

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

Adjourn.

Dominus Custos Magni Sigilli 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:

Arch. Cantuar.
Epus. Duresm.
Epus. Carliol.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Meneven.
Epus. Cicestrien.
Epus. Petriburg.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Portland.
Dux Bridgewater.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Waldegrave.
Comes Effingham.
Comes Gower.
Comes Buckinghamsh.
Comes Northumberland.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Fauconberg.
Ds. Delawar.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Fortescue.
Ds. Ravensworth.
Ds. Feversham.
Ds. Hyde.
Ds. Lyttelton.

PRAYERS.

Martin & al. against E. of Crawfurd.

The Answer of George Earl of Craufurd and Lindsay, and George Ross his Trustee, to the Cross Appeal of David Martin and others, was brought in:

Home & al. against Gowdie.

As was also, the Answer of John Gowdie to the Appeal of Henry Home of Kaims Esquire and others.

Lyme Regis Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis," 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."

His Majesty's Advocate against Hay and Cuthbert.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Jean Hay and Alexander Cuthbert 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.

His Majesty's Advocate against Hay.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Jean Hay 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.

Ros. & al. against Johnston.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Andrew Ross Esquire and others are Appellants, and Peter Johnston 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.

E. of Crawfurd against Martin & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Earl of Craufurd and Lindsay is Appellant, and David Martin and others are Respondents; 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.

Woollett's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Mary Woollett Spinster (notwithstanding her Infancy), upon her Marriage with Robert Mead Wilmot Esquire, to settle and convey her Estate and Interest in certain Messuages, Lands, and Hereditaments, in the County of Kent, and in Two several Sums of Two Thousand Pounds and Three Hundred Pounds, to the Uses in certain Articles of Agreement mentioned."

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

L. Privy Seal.
L. Chamberlain.
D. Argyll.
D. Portland.
D. Bridgewater.
E. Warwick.
E. Denbigh.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Morton.
E. Findlater.
E. Breadalbane.
E. Marchmont.
E. Hertford.
E. Guilford.
E. Cornwallis.
E. Fauconberg.
Vis. Weymouth.
L. B. Durham.
L. B. Rochester.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Chichester.
L. B. Peterborough.
L. Delawar.
L. Willoughby Par.
L. Ward.
L. Foley.
L. Ducie.
L. Sandys.
L. Feversham.

Their Lordships, or any Five of them; to meet on Monday the 27th 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.

His Majesty's Advocate against Edwards: Hearing put off.

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein John Edwards Esquire is Respondent; praying, "In regard the Parties have referred the Matters in Dispute to be settled by Arbitrators; that the Hearing of the said Cause, which stands appointed for Wednesday next, may be put off till Monday the First Day of May next; the Respondent's Agent having signed the said Petition, signifying his Consent thereto:"

It is Ordered, That the said Hearing be put off to Monday the First Day of May next, as desired.

Bowes against E. Shrewsbury & al.: Judgement affirmed.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Bowes Esquire; complaining of an Order of Dismission of the Court of Chancery, of the 23d of February 1757; and praying, "That the same might be reversed; and that he might have such further and other Relief in the Premises as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of the Right Honourable George Earl of Shrewsbury, Barbara Lady Dowager Aston, Charles Talbot, Charles Dormer, James Talbot, Thomas Talbot, Francis Talbot, Lucy Talbot, Dame Teresa Mostyn, Thomas Salvin and Mary his Wife, and the Answer of John Maire Esquire, and likewise the Answer of Sir Thomas Webb Baronet, put in to the said Appeal; and due Consideration had of what was offered on all Sides in this Cause.

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 of Dismission therein complained of be, and the same is hereby, affirmed.

Causes removed.

Ordered, That the Cause wherein Anne Chichester is Appellant, and Arthur Earl of Donegall and Richard Barry Esquire are Respondents, which stands appointed for Monday, be put off to Wednesday next; and that the other Causes on Cause-days be removed in Course.

Read's Petition referred to Judges.

Upon reading the Petition of William Read of Sandhutton in the County of York Esquire, and Wilberfoss Read of Grimthorpe in the same County Gentleman; praying Leave to bring in a Bill, for vesting certain Lands therein mentioned, in Whixley and elsewhere, in the County of York, in the Petitioner William Read, in Fee Simple; and for settling other Lands of the said William Read, in Sandbutton in the same County, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denison and Mr. Justice Foster; 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.

Lord Irwin against Simpson & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Lord Viscount Irwin is Appellant, and William Simpson 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.

Greenwich Hospital, Report of Commissioners delivered.

The House being informed, "That Mr. Horne, from the Commissioners of Greenwich Hospital, attended:"

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

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1756, and the 30th of November 1757; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

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

Adjourn.

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