House of Lords Journal Volume 29
February 1759, 1-10

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History of Parliament Trust

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1767-1830

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417-423

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'House of Lords Journal Volume 29: February 1759, 1-10', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 417-423. URL: http://www.british-history.ac.uk/report.aspx?compid=114458 Date accessed: 29 July 2014.


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February 1759, 1-10

DIE Jovis, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
March. Rockingham.
Comes Huntingdon.
Comes Winchilsea.
Comes Marchmont.
Comes Bath.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Mansfield.

PRAYERS.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Littlejohn against Straiton.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Alexander Littlejohn Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 23d of December 1757, and 17th of February 1758; and praying, "That the same might be reversed or varied; and that the Appellant might have such other Relief in the Premises, as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of Arthur Straiton of Kirkside put in to the said Appeal; and due Consideration had of what was offered on either Side 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 Interlocutors therein complained of, be, and the same are hereby affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, for his Costs in respect of the said Appeal.

Cooke's Divorce, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper his now Wife, and to enable him to marry again; and for other Purposes therein mentioned," and hearing Counsel for and against the same, which is appointed for To-morrow, be put off till Monday next; and that the several Persons, who were ordered to attend as Witnesses upon the said Second Reading, do then attend.

Blacker against Mathers.

Ordered, That the Cause wherein William Blacker Esquire is Appellant, and Wilsey Mathers is Respondent, which stands appointed for Monday, be put off to Wednesday next.

Adjourn.

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

DIE Lunæ, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Exon.
Epus. Asaphen.
Epus. Meneven.
Epus. Landaven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Devon, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Manchester.
Comes Huntingdon.
Comes Denbigh.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Morton.
Comes Marchmont.
Comes Aylesford.
Comes Effingham.
Comes Bath.
Comes Buckingham.
Comes Powis.
Comes Egremont.
Ds. Abergavenny.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Archer.
Ds. Ponsonby.
Ds. Lyttelton.

PRAYERS.

Ellis against Segrave.

Upon reading the Petition and Appeal of Welbore Ellis Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of November 1758; and praying, "That the same may be reversed, or that this House will grant the Appellant such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that Neal Segrave Esquire may be required to answer the said Appeal:"

It is Ordered, That the said Neal Segrave may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 12th Day of March next; and Service of this Order upon the Clerk in Court of the said Neal Segrave in the said Court of Chancery in Ireland shall be deemed good Service.

Staunton Enclosure, Bill.

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

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

Schombart & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Casper Schombart, John Spitta, Gysbert Van Voorst, Frederick de Chevrigny, Conrad Harksen, Christopher Strothoff, and Jasper Lawrence Richter;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Dobyns, Leave for a Bill to take the Name of Yate.

Upon reading the Petition of Robert Yate, late Robert Dobyns, of Bromsberrow in the County of Gloucester Esquire; praying Leave to bring in a Bill for establishing and confirming to him and his Heirs Male the Surname of Yate, pursuant to the Will of Walter Yate Esquire, deceased:

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

Barry & al. Petition referred to Judges.

Upon reading the Petition of James Barry Esquire and Elizabeth Barry his Wife, One of the Sisters of Nathaniel Rogers late of the Town of Kingston upon Hull Esquire, deceased, for themselves and on the Behalf of Elizabeth Barry the Younger, Mary Barry, and Lucy Barry, their Three Infant Children; John Johnston and Elizabeth Johnston his Wife, Niece of the said Nathaniel Rogers, for themselves and on the Behalf of John Johnston and Elizabeth Johnston their Son and Daughter, who are both Infants; and also of Thomas Lumley and Nathaniel Wilson, the Heirs at Law of Jane late the Wife of John Scurfield Gentleman, formerly Jane Reynolds Spinster, deceased; praying Leave to bring in a Bill, for establishing the Sale and Conveyance of a settled Estate in the County of Cambridge, pursuant to Contract; and settling another Estate, in the County of York, to the same 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 Bathurst; 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 singed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mutiny Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

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

E. of Home peremptorily to answer Appeal of His Majesty's Advocate.

The House being informed, "That William Earl of Home, Respondent to an Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty, 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 of John Davidson Writer to the 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.

Ross to enter into a Recognizance on E. Rothes's Appeal.

The House being moved, "That Mr. George Ross may be permitted to enter into a Recognizance for the Earl of Rothes, on account of his Appeal depending in this House; his Lordship being in Ireland:"

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

Cooke's Divorce, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper 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 Mr. Cox appearing as Counsel for the Bill; but no Counsel appearing, on Behalf of Mrs. Cooke, against it:

George Ellis Junior was called in, to prove Service of the Order for giving her Notice of this Proceeding; who, being sworn, acquainted the House, "That, on the 24th of January last, he served Mrs. Cooke with the Order of this House, for the 2d Reading of the Bill; and at the same Time delivered her a Copy of the Bill."

And then he withdrew.

And the said Bill was read a Second Time.

And Mr. Cox was heard, in Support of the Bill; and, in order to make out the Truth of the Allegations, called,

Thomasin Underwood, to prove the Marriage of Mr. Cooke with Mrs. Susanna Cooper; who, being sworn, gave an Account, "That she saw them married, according to the Ceremony of the Church of England, in September 1746, in a Room in The Fleet."

She is directed to withdraw.

James Grant was called, in order to prove the Criminal Conversation with Mr. Peter Sayer; who, being sworn, gave an Account, "That, in the Year 1750, he was in Mr. Sayer's House at Woolley in Berkshire; and that Mrs. Cooke was there at the same Time upon a Visit; and that he there saw Mr. Peter Sayer (Mr. Sayer's Son) in naked Bed with Mrs. Cooke."

He was directed to withdraw; and,

Thomas Palmer was called in, and sworn; and gave an Account, "That he also, at Mr. Sayer's House, saw Mr. Peter Sayer come naked out of Bed from Mrs. Cooke."

He was directed to withdraw.

Jane Brown was called in; who, being sworn, gave an Account, "That she lives at Islington; and that, in the Year 1753, Mr. Cooke took Lodgings for Mrs. Cooke at her House; and also that she let the Room over Mrs. Cooke's to Mr. Peter Councill; but, being told by one Mrs. Goodall that she had watched Mr. Councill and Mrs. Cooke, and suspected a Criminal Conversation between them, she turned Mr. Councill out of the Lodgings; and acquainted Mrs. Cooke with what she had heard, who told her, It was true; but begged her not to tell her Husband of it, and she would do so no more."

She is directed to withdraw; and,

Elizabeth Clarke was called in, and sworn; and gave an Account, "That, in the Year 1753, she visited Mrs. Cooke at Mr. Councill's Lodgings in Little Britain; and that she was in the Room when Mr. Councill and Mrs. Cooke were in naked Bed together."

She was directed to withdraw; and,

Mary Might was called in, and sworn; and gave an Account, "That she law Mr. Councill and Mrs. Cooke in Bed together, at a House in Gray's Inn Lane, in June last; and also, that she saw Mrs. Cooke in Bed with one Mr. Byrne, in December last was Twelvemonth."

She was directed to withdraw.

Anne Watson was called in; and being sworn, gave an Account, "That, about a Year and Half ago, she lived as a Servant to Mrs. Cooke, in St. John's Lane, where Mr. Charles Byrne and Mrs. Cooke lived together as Man and Wife; and she has often seen them in Bed together;" and said further, "That she had seen Mrs. Cooke in Bed with several other Persons, at least with Six different Men, at different Times; but does not know their Names."

She was directed to withdraw; and,

William Skelton, Register of the Consistory Court of the Bishop of London, was called in, and sworn; and produced the Original Sentence of Divorce of the said Court, of the 27th of June 1757, against the said Mrs. Cooke, for Adultery with the said Peter Sayer.

And the same was read.

He was directed to withdraw; and,

George Ellis Senior was called in, and sworn; and produced the Record of the Verdict obtained by Mr. Cooke against the said Peter Sayer, upon an Action brought by Mr. Cooke against the said Sayer, for Criminal Conversation with his Wife; which was tried the last Assizes at Abingdon, in the County of Berks.

And the same was read.

And the Evidence being finished, the Counsel was 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 upon the said Bill, on Friday next.

Bentley and Arksey Commons, Bill.

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

With a Bill, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds in the Townships of Bentley and Arksey, in the Parish of Arksey, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Commissioners of annexed Forfeited Estates in Scotland, Report.

The House being informed, "That Mr. Rowe, from the Treasury, attended:"

He was called in; and delivered, at the Bar,

"Copy of a Report of the Commissioners and Trustees for managing the annexed Forfeited Estates in Scotland, to the Lords Commissioners of His Majesty's Treasury, which, by an Act of the 25th Year of His Majesty's Reign, is directed to be laid before both Houses of Parliament."

And then he withdrew.

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 Mercurii, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bridgewater.
Comes Huntingdon.
Comes Winchilsea.
Comes Sandwich.
Comes Coventry.
Comes Marchmont.
Comes Strafford.
Comes Aylesford.
Comes Gower.
Comes Powis.
Comes Northumberland.
Comes Hardwicke.
Ds. Willoughby Par.
Ds. Delamer.
Ds. Cathcart.
Ds. Hay.
Ds. Sandys.
Ds. Bruce.
Ds. Ponsonby.
Ds. Hyde.
Ds. Mansfield.

PRAYERS.

Marquis of Carnarvon & Ux. Petition referred to Judges.

Upon reading the Petition of the Right Honourable James Brydges Esquire, commonly called Marquis of Carnarvan, only Son and Heir Apparent of the Most Noble Henry Duke of Chandos, and of Margaret his Wife, commonly called Marchioness of Carnarvan; praying Leave to bring in a Bill for discharging certain Stocks and Government Securities of the Petitioner the Marchioness from the Trusts and Applications thereof intended by their Marriage Agreement; and for indemnifying the several Trustees of the said Stocks and Securities in selling and disposing thereof, and applying the Money arising thereby in the Manner and for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Clive; 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.

Warburton's Petition referred to Judges.

Upon reading the Petition of William Warburton Esquire, for himself and on the Behalf of Richard Warburton his only Child an Infant, by Barbara Warburton his late Wife, deceased, who was one of the Daughters of William Robinson Lytton Esquire, deceased; praying Leave to bring in a Bill, to empower the Petitioner to grant Leases of a Tract of Land, in or near Malvern Chace and Malvern Hills, or any Part thereof, for Ninety-nine Years, at the best and most improved Yearly Rent, without taking Fines:

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 Clive; 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.

Bentley and Arksey Commons, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing and rendering effectual certain Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds in the Townships of Bentley and Arksey, in the Parish of Arksey, in the County of York."

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

L. Chamberlain.
D. Somerset.
D. Grafton.
D. Bridgewater.
E. Huntingdon.
E. Winchilsea.
E. Sandwich.
E. Coventry.
E. Marchmont.
E. Strafford.
E. Aylesford.
E. Gower.
E. Powis.
E. Northumberland.
E. Hardwicke.
L. Bp. Exeter.
L. Bp. Gloucester.
L. Bp. Peterborough.
L. Bp. Bristol.
L. Willoughby Par.
L. Cathcart.
L. Hay.
L. Sandys.
L. Bruce.
L. Hyde.

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.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Stannton Common Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open Fields and Meadows, and Common Pasture and Waste Grounds, in the Manor and Parish of Staunton, in the County of Nottingham."

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.

Schombart & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Caspar Schombart, John Spitta, Gysbert Van Voorst, Frederick de Chevrigny, Conrad Harksen, Christopher Strothoff, and Jasper Lawrence Richter."

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 Thursday the 15th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.

Graham & al. Petition referred to Judges.

Upon reading the Petition of Robert Graham Clerk, in Behalf of himself and for and on the Behalf of Richard Graham and Robert Graham his Infant Sons, and of William Graham and Charles Graham Clerks, Sir Bellingham Graham Baronet, and Reginald Graham and Mitchell Graham Esquires, James Booth Esquire, and George Peacock Gentleman; praying Leave to bring in a Bill, for Sale of certain Customary Messuages, Lands, Tenements, and Hereditaments, in the County of Cumberland; and for applying the Money arising thereby in the Purchase of other Lands, to be settled to the like Uses; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Baron Smythe; 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.

Blacker against Mathers.

After hearing Counsel, upon 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 might be reversed and set aside; and that the Appellant might have such other Relief as the Nature and Circumstances of the Case might require:" As also upon the Answer of Wilsey Mathers put in to the said Appeal; and due Consideration had of what was offered on either Side 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 Decree therein complained of be, and the same is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Veneris, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Exon.
Epus. Cestrien.
Epus. Glocestr.
Epus. Landaven.
Epus. Petriburg.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Somerset.
Dux Portland.
Comes Denbigh.
Comes Shaftesbury.
Comes Litchfield.
Comes Marchmont.
Comes Cowper.
Comes Macclesfield.
Ds. Abergavenny.
Ds. Wentworth.
Ds. Delamer.
Ds. Cathcart.
Ds. Montfort.
Ds. Sandys.
Ds. Bruce.

PRAYERS.

Loftus Hume against Rochford & Ux.

The Answer of George Rochford Esquire and Alice his Wife, to the Appeal of Nicholas Loftus Hume an Infant, by Nicholas Loftus Esquire, his Father, Guardian, and next Friend, and of the said Nicholas Loftus Esquire, was brought in.

Dutchess of Beaufort & al. Petition referred to Judges.

Upon reading the Petition of the Most Noble Elizabeth Dutchess Dowager of Beaufort (as Guardian and on Behalf of Henry now Duke of Beaufort, Lady Ann Somerset, Lady Elizabeth Somerset, Lady Henrietta Somerset, and Lady Mary Somerset, the Infant Children of the Most Noble Charles Noel Duke of Beaufort, deceased) the Right Honourable George Henry Earl of Litchfield, and Norborne Berkeley Esquire; praying Leave to bring in a Bill, for Sale of certain Estates, devised by the Will of the late Duke of Beaufort; and for applying the Money arising thereby in the Purchase of Lands in the County of Monmouth, to be settled to the like Uses; and for other Purposes therein mentioned:

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

Phipps & al. Petition referred to Judges.

Upon reading the Petition of Constantine Phipps Esquire, for himself and on the Behalf of his Four Sons, who are all Infants, and of John Lord Boyle of Marston and Earl of Corke and Orrery in the Kingdom of Ireland, on the Behalf of Edmund Boyle his Son, an Infant; praying Leave to bring in a Bill, for raising Money, for renewing a Lease from the Crown of an Estate in the County of York, according to the Terms and Proposals approved by the Master's Report, in the Petition mentioned, or in such other Manner as to their Lordships shall seem reasonable and expedient:

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 Bathurst; 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.

Wegg's Petition referred to Judges.

Upon reading the Petition of Samuel Wegg Esquire; praying Leave to bring in a Bill to render effectual an Exchange of Lands between the Petitioner and the Dean and Chapter of the Cathedral Church of Saint Paul in London:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denison and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sir Edward Blackett's Petition referred to Judges.

Upon reading the Petition of Sir Edward Blackett, of West Matsen in the County of Northumberland Baronet, and Dame Ann Blackett his Wife, in Behalf of themselves, and of Edward Blackett, Ann Blackett, John Blackett, William Blackett, and Mary Blackett, their Sons and Daughters, who are all Infants; praying Leave to bring in a Bill, to settle certain Estates in the Counties of York, Northumberland, and Durham, to the Uses, and for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Smythe 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.

Rolle & al. Petition referred to Judges.

Upon reading the Petition of Denys Rolle Esquire and Ann his Wife; praying Leave to bring in a Bill, for discharging certain Estates, in the Counties of Cornwall and Devon, comprized in a Settlement of the 25th of March 1742, from the Trusts of the said Settlement; and for settling other Lands, lately purchased by the Petitioner, to the same Uses, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Adams and Mr. Justice Bathurst; 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.

Buckley & Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Buckley of Preston in the County of Lancaster Esquire and Elizabeth Buckley his Wife, formerly Elizabeth Mundy Spinster, for themselves and on the Behalf of Edward Buckley and Ann Buckley their Two Children, who are both Infants; praying Leave to bring in a Bill, for Sale of a competent Part of the Petitioner's settled Estate in the County of Lancaster, in order to pay off and discharge an Encumbrance thereon:

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 Bathurst; 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. Folkestone & al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Jacob Lord Viscount Folkestone, for and on the Behalf of the Honourable Edward Bouverie his Son, an Infant, and the Honourable William Bouverie; praying Leave to bring in a Bill, to empower the Petitioners Edward and William Bouverie, as they shall respectively be Tenants for Life, and in the actual Possession of certain Quays, Wharfs, and Buildings, in the Petition mentioned, to grant Leases thereof, for any Term not exceeding Forty-three Years, at the most improved Yearly Rent, without Fine, Income, or Foregift:

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 Clive; 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.

E of Powis and the Countess Petition referred to Judges.

Upon reading the Petition of Henry Arthur Earl of Powis and Barbara Countess of Powis his Wife, Niece and Heir at Law of the Most Honourable William late Marquis of Powis, deceased; praying Leave to bring in a Bill for Sale of certain Estates in the County of Northampton, in order to raise Money for the paying off and discharging Debts and Encumbrances; and for other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Adams; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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. Bennett and Mr. Burroughs:

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

Anderson against Anderson.

The House being moved, "That Friday the 23d Day of this Instant February may be appointed, for hearing the Cause wherein Robert Anderson is Appellant, and James Anderson Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 23d Instant, as desired.

Ld. Charles Cavendish against Sir James Lowther.

The House being moved, "That Monday the 26th Day of this Instant February may be appointed, for hearing the Cause wherein Lord Charles Cavendish is Appellant, and Sir James Lowther Baronet Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 26th Instant, as desired.

King against Sir Edward King.

The House being moved, "That Wednesday the 28th Day of this Instant February may be appointed, for hearing the Cause wherein Henry King Esquire is Appellant, and Sir Edward King Baronet is Respondent:"

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on Wednesday the 28th Instant, as desired.

Persons who have neglected to qualify for Offices to indemnify, Bill.

A Message was brought from the House of Commons, by the Lord Carysfort and others:

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Cooke's Divorce, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to dissolve the Marriage of John Cooke Esquire with Susanna Cooper 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 Lord Willoughby of Parham reported from the Committee, "That they 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.

Adjourn.

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