February 1764, 1-10
DIE Mercurii, 1o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Winton.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Meneven.
Epus. Landaven. |
Dux Somerset.
Dux Manchester.
Dux Bridgewater.
Comes Gower, Camerarius.
Comes Suffolk.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Aylesford.
Viscount Hereford.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Wentworth. |
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Delamer.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Grantham.
Ds. Scarsdale.
Ds. Boston.
Ds. Milton. |
PRAYERS.
The Lord Mansfield sat Speaker.
Appointments of the Clerks: Sitting of the Committee put off.
Ordered, That the Sitting of the Committee in
relation to the Appointments of the Clerks, which is
appointed for To-morrow, be put off to Thursday the
9th Instant; the Lord Chancellor still continuing indisposed.
Espinasse & Ux. against Lowe & al.
After hearing Counsel in Part, in the Cause wherein
Isaac Espinasse Esquire and Mary his Wife are Appellants, and Eusebius Lowe Esquire and others are Respondents:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow.
Nedham and Foundling Hospital Agreement, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
carrying into Execution an Agreement between the
Governors and Guardians of the Hospital for the
Maintenance and Education of Exposed and Deserted
Young Children and Robert Nedham Esquire, deceased, relating to an Estate in the Island of Jamaica,
devised by the Will of Henry Nedham Esquire, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
Ld. Chamberlain.
D. Somerset.
D. Manchester.
D. Bridgewater.
E. Suffolk.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Abercorn.
E. Breadalbane.
E. Marchmont.
E. Hyndford.
V. Weymouth.
V. Wentworth. |
L. Bp. Chester.
L. Bp. Chichester.
L. Bp. St. Davids.
L. Bp. Landaff. |
L. Willoughby Par.
L. Delamer.
L. Foley.
L. Ducie.
L. Sandys.
L. Hyde.
L. Grantham. |
Their Lordships, or any Five of them; to meet
on Thursday the 16th 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.
Guilsborough, Coton, &c. Enclosure, Bill.
A Message was brought from the House of Commons,
by Mr. Shiffner and others:
With a Bill, intituled, "An Act for dividing and
enclosing the Open and Common Fields, Common
Meadows, Common Grounds, Heath Grounds, Lanes,
and Waste Ground, within Guilsborough, Coton, and
Nortost, in the County of Northampton;" to which
they desire the Concurrence of this House.
Dingman & al. Nat. Bill.
A Message was brought from the House of Commons,
by Sir William Meredith and others:
With a Bill, intituled, "An Act for naturalizing
William Dingman and John Reincke;" to which they
desire the Concurrence of this House.
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii,
declaravit præsens Parliamentum continuandum esse
usque ad & in diem Jovis, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Winton.
Epus. Norvicen.
Epus. Meneven.
Epus. Landaven.
Epus. Carliol.
Epus. Exon. |
Dux Marlborough, C. P. S.
Dux Somerset.
Comes Suffolk.
Comes Denbigh.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Sutherland.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Marchmont.
Comes Halifax.
Comes Dartmouth.
Comes Aylesford.
Viscount Hereford.
Viscount Weymouth. |
Ds. Le Despencer.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Cathcart.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.
Ds. Milton. |
PRAYERS.
The Lord Mansfield sat Speaker.
Espinasse & Ux against Lowe & al.:
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Isaac Espinasse of the
City of Dublin Esquire and Mary his Wife, and of
Richard Espinasse their Son, an Infant under the Age of
Twenty-one Years, by the said Isaac Espinasse his Father
and Guardian; complaining of a Decree of the Court
of Exchequer in Ireland, of the 10th of February 1762;
and praying, "That the same might be reversed and
set aside, or that the Appellants might have such
other Relief in the Premises as the Nature and Circumstances of the Case might require:" As also
upon the Answer of Eusebius Lowe, and the Answer of
William Espinasse Esquire, Thomas Colley Esquire and
Isabella his Wife, William Luffingham Esquire and Frances
his Wife, Alexander Mc Aulay Esquire, and Robert Hamilton Esquire, put in to the said Appeal; and due
Consideration had of what was offered on either Side in
this Cause:
Decree reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Decree complained of in the said Appeal be, and
the same is hereby, reversed; and that the Bill brought
by the Respondent Lowe in the said Court of Exchequer in Ireland be dismissed.
Hackney Poor, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Sandys and others:
With a Bill, intituled, "An Act for maintaining,
regulating, and employing, the Poor within the
Parish of Saint John at Hackney, in the County of
Middlesex; and for lighting the said Parish, and
establishing a regular Nightly Watch therein;" to
which they desire the Concurrence of this House.
The said Bill was read the First Time.
Rector of Bury in Lancashire, Bill.
A Message was brought from the House of Commons,
by Mr. Shuttleworth and others:
With a Bill, intituled, "An Act to enable the
Rector of the Parish and Parish Church of Bury, in
the County of Lancaster, for the Time being, to
grant Leases of the Glebe Lands belonging to the
said Rectory;" to which they desire the Concurrence
of this House.
The said Bill was read the First Time.
Ordered, That the Consideration of the said Bill
be, and is hereby, referred to Mr. Baron Adams and
Mr. Baron Perrott; who are forthwith to summon all
Parties concerned therein, and, after hearing them, and
perusing a Copy of the Bill attested by the Clerk of
the Parliaments, are to report to the House the State
of the Case, with their Opinion thereupon, under their
Hands.
Vicar of Rochdale, Bill.
A Message was brought from the House of Commons,
by Mr. Shuttleworth and others:
With a Bill, intituled, "An Act to enable the
Vicar of the Parish of Rochdale, in the County of
Lancaster, to grant a Lease or Leases of the Glebe
Lands belonging to the said Vicarage;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the Consideration of the said Bill
be, and is hereby, referred to Mr. Justice Gould and
Mr. Baron Smythe; who are forthwith to summon all
Parties concerned therein, and, after hearing them,
and perusing a Copy of the Bill attested by the Clerk
of the Parliaments, are to report to the House the State
of the Case, with their Opinion thereupon, under their
Hands.
All Souls College, Oxford, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of the
Warden and College of The Souls of All Faithful People
deceased, of Oxford; praying Leave to bring in a Private
Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
annexing the Rectory of East Lockinge, in the County
of Berks, to the Office of Warden of the College
of The Souls of All Faithful People deceased, of Oxford."
Guilsborough, Coton, &c. Enclosure, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Open and Common
Fields, Common Meadows, Common Grounds, Heath
Grounds, Lanes, and Waste Ground, within Guilsborough, Coton, and Nortost, in the County of Northampton."
Mr. Murray's Petition to His Majesty, claiming the Titles of Duke of Athol, &c.:
The Earl of Sandwich (by His Majesty's Command)
presented to the House a Petition of John Murray to
His Majesty, claiming the Titles, Honours, and Dignities, therein mentioned; with His Majesty's Reference
thereof to this House.
Which Petition and Reference were read by the
Clerk, and are as follow; videlicet,
"To the King's Most Excellent Majesty.
"The humble Petition of John Murray;
"Sheweth,
"That John Marquis of Atholl, Your Petitioner's
Grandfather, was, by Letters Patent under the Great
Seal of Scotland, bearing Date the Thirtieth Day of
July 1703, created Duke of Atholl, Marquis of Tullebardine, Earl of Strathtay and Strathardle, Viscount
Balquidar, Glenalmond, and Glenlyon, Lord Murray,
Balvenie, and Gask, to hold the same Titles, Honours, and Dignities, to him and the Heirs Male of
his Body.
"That the said Duke of Atholl died about the Year
1725; leaving James his Son, who succeeded to the
Titles and Honours aforesaid; and also George Murray his next Son, who was Your Petitioner's Father;
and other Children.
"That Your Petitioner must with the greatest Concern and Grief state, that his said Father was, by
an Act of Parliament made in the Year 1745, attainted of High Treason, as appears by the said
Act.
"That Your Petitioner's said Father died on or
about the Eleventh Day of October 1760, leaving
Your Petitioner, his Eldest Son, and other Children.
"That the said James Duke of Atholl, Your Petitioner's Uncle, died on the Eighth Day of January
last; leaving no Issue Male, and only One Daughter,
now Lady Strange, married to Your Petitioner.
"That, with a View to this Event, Your Petitioner
consulted many Gentlemen learned in the Law of
England; particularly the Honourable Charles Yorke
Your Majesty's late Attorney General, Sir Fletcher
Norton Your Majesty's present Attorney General,
and Mr. De Grey Your Majesty's Solicitor General,
whether the said Attainder, under the Circumstances
of this Case, could be any Bar to Your Petitioner's
succeeding to the said Titles, Honours, and Dignities,
upon the Death of his said Uncle James Duke of
Atholl without Heirs Male of his Body: And the
said Gentlemen were all unanimously of Opinion,
That, as, by the Law of England in a like Case, no
Objection could arise from the said Attainder, and
that as, by the Act made in the 7th Year of the
Reign of Her late Majesty Queen Anne, all Persons
convicted or attainted of High Treason in Scotland
were to be subject and liable to the same Corruption
of Blood, Pains, Penalties, and Forfeitures, as Persons convicted or attainted of High Treason in England, Your Petitioner would be clearly entitled to
succeed to the said Honours.
"That Your Petitioner also consulted many Gentlemen learned in the Law of Scotland, particularly
Your Majesty's present Lord Advocate; who were all
of Opinion, so far as any Opinion could be formed
in a Case so destitute of Judicial Authorities, That,
by the Law of Scotland before the Union, the said
Attainder would have been no Bar to Your Petitioner's Succession to the said Honours; but they
were clear, that, since the said Act of the Seventh of
Queen Anne, the Question must be decided by Analogy to a like Case under a like Limitation of Honours
in England.
"That, though Your Petitioner apprehends there
cannot be a Possibility of Doubt upon Your Petitioner's Right; and that, if Your Petitioner was entitled
immediately to a Writ of Summons, the Great Seal
would issue the same of Course, as was done in the
Case of the present Viscount Bolingbroke under Circumstances in some Degree similar; yet Your Petitioner thinks it decent to the House of Peers, and more
respectful to Your Majesty, as the said Attainder has
so far raised the Colour of a Doubt as to occasion his
taking the Opinion of Lawyers, not to assume the said
Honours until they shall have been adjudged to him
in a due Course of Law.
"Your Petitioner therefore most humbly prays,
That Your Majesty would be most graciously pleased to give the proper Directions for having Your Petitioner's said Right
declared and established.
"And Your Petitioner shall ever pray, &c.
"London, 1st Feb.
"1764.
"John Murray."
"Whitehall, February 2d, 1764.
"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same to the Right Honourable the House of Peers; to examine the Allegations thereof, as to what relates to the Petitioner's
Titles therein mentioned; and to inform His Majesty
how the same shall appear to their Lordships.
"Sandwich."
Referred to the Committee of Privileges.
Ordered, That the said Petition and Reference be
referred to the Consideration of the Lords Committees
for Privileges, to meet on Monday next; whose Lordships,
having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report
their Opinion thereupon to the House.
Ordered, That Notice thereof be given to His Majesty's Attorney General, and His Majesty's Advocate
for Scotland.
Dingman & al. Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
naturalizing William Dingman and John Reincke."
Belchier & al. against Renforth.
The House being moved, "That the Hearing of the
Cause wherein William Belchier Esquire and others
are Appellants, and John Renforth is Respondent,
which stands appointed for To-morrow, may be put
off, on account of the Indisposition of One of the
Counsel:"
It is Ordered, That the Hearing of the said Cause
be put off till this Day Sevennight.
Adjourn.
Dominus Mansfield, Capitalis Justiciarius Banci Regii,
declaravit præsens Parliamentum continuandum esse
usque ad & in diem Veneris, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 3o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cicestrien.
Epus. Lincoln.
Epus. Exon. |
Dux Somerset.
Comes Denbigh.
Comes Shaftesbury.
Comes Marchmont.
Comes Oxford.
Comes Dartmouth.
Comes Guilford.
Viscount Say & Sele.
Viscount Wentworth. |
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Sandys.
Ds. Ravensworth.
Ds. Mansfield.
Ds. Scarsdale.
Ds. Boston. |
PRAYERS.
The Lord Mansfield sat Speaker.
Heckington Enclosure, Bill.
The Lord Willoughby of Parham reported from the
Lords Committees to whom the Bill, intituled, "An
Act for dividing and enclosing the Open Common
Fields; Common Meadows, and other Commonable
Lands, in the Parish of Heckington, in the County
of Lincoln," 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."
E. of Bath, Committee of Newport, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of the Earl of
Bath, for himself, and as Committee of the Estate of
John Newport, a Lunatick; praying Leave to bring in a
Private Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
empowering the Committee or Committees, for the
Time being, of the Estate of John Newport Esquire, a
Lunatick, to make Leases of his Estate during his
Lunacy."
Hackney Poor, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
maintaining, regulating, and employing, the Poor
within the Parish of Saint John at Hackney, in the
County of Middlesex; and for lighting the said Parish,
and establishing a regular Nightly Watch therein."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
D. Somerset.
E. Suffolk.
E. Denbigh.
E. Shaftesbury.
E. Marchmont.
E. Oxford.
E. Dartmouth.
V. Say & Sele.
V. Wentworth. |
Ld. Bp. Bath & Wells.
L. Bp. Litch. & Cov.
L. Bp. Chester. |
Ld. Willoughby Par.
L. St. John Blet.
L. Foley.
L. Sandys.
L. Boston. |
Their Lordships, or any Five of them; to meet on
Wednesday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Dingman and Reincke's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
naturalizing William Dingman and John Reincke."
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.
All Souls College, Oxford, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for annexing the Rectory of East Lockinge, in the
County of Berks, to the Office of Warden of the
College of The Souls of All Faithful People deceased,
of Oxford."
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 the 20th Day of this Instant February,
at the usual Time and Place; and to adjourn as
they please.
Adjourn.
Ds. Mansfield, Capitalis Justiciarius Banci Regii, 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. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Bangor.
Epus. Meneven.
Epus. Landaven.
Epus. Lincoln.
Epus. Exon. |
Dux Somerset.
Comes Gower, Camerarius.
Comes Huntingdon.
Comes Suffolk.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Sutherland.
Comes Morton.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Guilford.
Viscount Hereford.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Wentworth. |
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Delamer.
Ds. Cathcart.
Ds. Foley.
Ds. Ducie.
Ds. Sandys.
Ds. Hyde.
Ds. Mansfield.
Ds. Grantham.
Ds. Scarsdale.
Ds. Lovel & Holland. |
PRAYERS.
The Lord Mansfield sat Speaker.
Lords take the Oaths.
This Day Thomas Lord Hyde and Wills Lord Harwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having
first delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and
examined.
Elphinston & al. against Hay:
The House being moved, at the Request of the Parties on both Sides, in the Cause wherein Charles Elphinston and John Gray Esquire are Appellants, and James
Hay is Respondent, which stands appointed to be heard
this Day, "That the said Hearing may be put off for a
few Days; the said Parties being in Treaty for an Accommodation of the Matters in Dispute between them:"
Hearing put off.
It is Ordered, That the Hearing of the said Cause
be put off till Tuesday the 14th of this Instant February.
E. of Suffolk takes the Oaths.
This Day Henry Earl of Suffolk and Berkshire took
the Oaths, and made and subscribed the Declaration,
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament, to
the Truth whereof Witnesses were sworn and examined.
Heckington Enclosure, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Open Common Fields,
Common Meadows, and other Commonable Lands, in
the Parish of Heckington, in the County of Lincoln."
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. Graves and Mr. Pechell:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
E. of Bath, Committee of Newport, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for empowering the Committee or Committees, for the
Time being, of the Estate of John Newport Esquire,
a Lunatick, to make Leases of his Estates, during his
Lunacy."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
|
L. Chamberlain.
D. Somerset.
E. Huntingdon.
E. Suffolk.
E. Denbigh.
E. Westmorland.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Abercorn.
E. Marchmont.
E. Dartmouth.
E. Aylesford.
Vis. Say & Sele.
Vis. Weymouth. |
L. Bp. Durham.
L. Bp. Litch. & Cov.
L. Bp. Landaff.
L. Bp. Lincoln. |
L. Willoughby Par.
L. Delamer.
L. Cathcart.
L. Foley.
L. Sandys.
L. Grantham. |
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.
Guilsborough, Coton, &c. Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for dividing and enclosing the Open and Common
Fields, Common Meadows, Common Grounds, Heath
Ground, Lanes, and Waste Ground, within Guilsborough, Coton, and Nortost, in the County of Northampton."
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.
Ds. Mansfield, Capitalis Justiciarius Banci Regii,
declaravit præsens Parliamentum continuandum esse
usque ad et in diem Martis, septimum diem instantis
Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 7o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Duresm.
Epus. Winton.
Epus. Sarum.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Wigorn.
Epus. Bangor.
Epus. Norvicen.
Epus. Landaff.
Epus. Lincoln.
Epus. Exon. |
Dux Somerset.
Dux Bolton.
Dux Ancaster, Magnus Camerarius.
Dux Portland.
Dux Bridgewater.
Comes Suffolk.
Comes Denbigh.
Comes Winchilsea.
Comes Shaftesbury.
Comes Litchfield.
Comes Plimouth.
Comes Sutherland.
Comes Morton.
Comes Abercorn.
Comes Loudoun.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Bath.
Comes Temple.
Comes Guilford.
Viscount Hereford.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Wentworth. |
Ds. Le Despencer.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John Blet.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Vere.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Scarsdale.
Ds. Boston.
Ds. Lovel & Holland.
Ds. Milton. |
PRAYERS.
The Lord Mansfield sat Speaker.
Gordon against Adolphus et al.
The Answer of Michael Adolphus, Lazarus Simon,
and Joseph Martin, Three of the Respondents to the
Appeal of the Honourable Lockhart Gordon, was this
Day brought in.
Report of Committee of Privileges, upon Murray's Petition claiming the Peerage of D. of Athol; &c.:
The Lord Willoughby of Parham reported from the
Lords Committees for Privileges, to whom (fn. 1) was referred
the Consideration of the Petition of John Murray to His
Majesty, claiming the Titles, Honours, and Dignities
therein mentioned, together with His Majesty's Reference thereof to this House: "That the Committee
have met, and considered the Matter to them referred; and have heard Counsel for the Petitioner,
and examined Witnesses upon Oath, to make out the
Allegations of his Petition; and have also heard His
Majesty's Attorney General, on Behalf of the Crown;
and are of Opinion, That the Petitioner hath a Right
to the Titles, Honours, and Dignities, claimed by
his said Petition."
Which Report, being read Twice by the Clerk, was
agreed to by the House.
Petitioner adjudged to have a Right to the Titles and Dignities claimed by his Petition.
Accordingly, Resolved and Adjudged, by the Lords
Spiritual and Temporal in Parliament assembled, That
the Petitioner hath a Right to the Titles, Honours, and
Dignities, of Duke of Atholl, Marquis of Tullibardine,
Earl of Strathtay and Strathardle, Viscount Balquidar,
Glenalmond, and Glenlyon, Lord Murray, Balvenie, and
Gask, claimed by his said Petition.
Ordered, That the said Resolution and Judgement
be laid before His Majesty by the Lords with White
Staves.
Botetourt Barony, Sitting of the Committee put off.
Ordered, That the Sitting of the Committee of
Privileges, upon Mr. Berkeley's Petition to His Majesty,
relating to the Barony of Botetourt, with His Majesty's
Reference thereof to this House, which stands appointed
for To-morrow, be put off till Wednesday the 29th Instant.
Sitting of the Committee, relating to the Clerks, put off.
Ordered, That the Sitting of the Committee, in
relation to the Appointment of the Clerks, which
stands appointed for Thursday next, be put off till
Tuesday the 28th Instant.
Causes removed.
Ordered, That the Cause wherein Willoughby Lightburne and others are Appellants, and Mary Gill and
Henrietta Colles are Respondents, which stands appointed
to be heard To-morrow, be put off till Friday next;
and that the other Causes on Cause-days be removed in
Course.
Adjourn.
Ds. Mansfield, Capitalis Justiciarius Banci Regii,
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. Ebor.
Epus. Duresm.
Epus. Winton.
Epus. Eliens.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Wigorn.
Epus. Asaphen.
Epus. Petriburg.
Epus. Landav.
Epus. Lincoln.
Epus. Exon. |
Ds. Henley, Cancellarius.
Dux Somerset.
Dux Bolton.
Dux Portland.
Dux Bridgewater.
Comes Suffolk.
Comes Denbigh.
Comes Westmorland.
Comes Shaftesbury.
Comes Coventry.
Comes Eglintoun.
Comes Abercorn.
Comes Marchmont.
Comes Halifax.
Comes Kerr.
Comes Orford.
Viscount Hereford.
Viscount Say & Sele.
Viscount Weymouth. |
Ds. Willoughby Par.
Ds. Clifton.
Ds. Cathcart.
Ds. Foley.
Ds. Ducie.
Ds. Monson.
Ds. Sandys.
Ds. Vere.
Ds. Hyde.
Ds. Mansfield.
Ds. Lyttelton.
Ds. Wycombe.
Ds. Grantham.
Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Ds. Milton. |
PRAYERS.
Belchier & al. against Renforth:
After hearing Counsel, upon the Petition and Appeal
of William Belchier Esquire, Anne Ironside Widow, and
Thomas Picrce; complaining of certain Parts of a Decree of the Court of Chancery, of the 4th of December
1760; and praying, "That the same might be rectified,
or that this House would grant the Appellant sach
Relief in the Premises as to their Lordships in their
great Wisdom should seem meet:" As also upon the
Answer of John Renforth put in to the said Appeal; and
due Consideration had of what was offered on either Side
in this Cause:
Decree affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the said Decree therein complained of
be, and the same is hereby, affirmed.
Guilsborough, Coton, &c. Enclosure, Bill.
The Lord Willoughby of Parham reported from the
Lords Committees to whom the Bill, intituled, "An
Act for dividing and enclosing the Open Common
Fields, Common Meadows, Common Grounds, Heath
Grounds, Lanes, and Waste Ground, within Guilsborough, Coton, and Nortoft, in the County of Northampton," 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."
Hackney Poor, &c. Bill.
The Lord Willoughby of Parham also reported from
the Lords Committees to whom the Bill, intituled, "An
Act for maintaining, regulating, and employing, the
Poor within the Parish of Saint John at Hackney, in
the County of Middlesex, and for lighting the said
Parish, and establishing a regular Nightly Watch
therein," 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."
Dingman and Reinck's Nat. Bill.
The Lord Willoughby of Parham also reported from
the Lords Committees to whom the Bill, intituled,
"An Act for naturalizing William Dingman and John
Reincke," 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."
Late Earl of Barrymore's Estate to vest in Trustees; Barrys Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Richard
Barry, Arthur Barry, and John Smith Barry, Younger
Sons of James Earl of Barrymore in the Kingdom of
Ireland, deceased; praying Leave to bring in a Private
Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting Lands and Hereditaments in Great Britain
and Ireland, Part of the Estate of James Earl of Barrymore, in Trustees, for raising Money towards paying
and discharging the Debts and Encumbrances affecting
his Real Estate."
Hetherington against Craw and Allardice, Writ of Error.
The Lord Mansfield, Lord Chief Justice of the Court
of King's Bench, in the usual Manner, delivered in,
at the Table, a Writ of Error, wherein
James Hetherington is Plaintiff, and
Alexander Craw and Robert Allardice are Defendants.
Nonnen's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Mawbey and others:
With a Bill, intituled, "An Act for naturalizing
"Egbert Nonnen;" to which they desire the Concurrence of this House.
Peers to take the Name of Symons, Bill.
A Message was brought from the House of Commons,
by Mr. Alderman Harley and others:
With a Bill, intituled, "An Act to enable Richard
Symons, an Infant (lately called Richard Peers), and
the Heirs of his Body, to take and use the Surname
of Symons, pursuant to the Will of Richard Symons
Esquire, deceased;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Causes removed.
Ordered, That the Cause which stands appointed
for hearing To-morrow be put off till Monday next;
and that the other Causes on Cause-days be removed in
Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.