House of Lords Journal Volume 30: February 1764, 1-10

February 1764, 1-10

DIE Mercurii, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 2^a 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:

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, 2^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 1^a 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 1^a 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 1^a 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, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 1^a 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 2^a 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:

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 2^a 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 2^a 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, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 3^a 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 2^a 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:

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 2^a 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, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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 1^a 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.