House of Lords Journal Volume 27: February 1749, 21-28

February 1749, 21-28

DIE Martis, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Maxwell & al against Ferguson.

Upon reading the Petition and Appeal of Anna Maxwell Lady Killilung, Richard Maxwell her Son, and the Tenants of the Estate of Killilung, complaining of Interlocutors of the Lord Ordinary, of the 13th February 1747/8, and 17th June 1748, and of an Interlocutor of the Lords of Session, of the 20th of January last, and another of the same Lords, of the 2d Instant, made on the Behalf of Robert Ferguson of Lisle, and praying, That the same may be reversed, varied, or altered, and that the Appellants may have such Relief as to their Lordships in their great Wisdom shall seem meet"

It is Ordered, That the said Robert Ferguson may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 21st Day of March next, and that Service of this Order on any One of the Respondent's Procurators or Agents in the Court below be deemed good Service.

Late Bishop of Salisbury's Charity, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for applying Part of the Personal Estate of Gilbert late Lord Bishop of Salisbury, for the purchasing of Lands or Rents in Perpetuity, in Scotland, to be settled to several charitable Uses and Purposes in his Will mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"

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

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

Viscountess Fane's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Inheritance of Part of the settled Estate of Charles Lord Viscount Fane, in the County of Devon, and in the County of Limerick in the Kingdom of Ireland, for discharging Debts and Encumbrances, and also for settling another Estate, in the County of Berks, in Lieu thereof, and for securing a Rent Charge to Mary Viscountess Lane, as a Compensation for her Estate for Life in the Premises in the County of Devon"

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

It was Resolved in the Affirmative.

Harrison, to take the Name of Kimpson, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for authorizing and empowering Thomas Harrison to take and use the Surname of Kimpson, in Performance of a Condition contained in the Will of Thomas Kimpson Clerk, deceased."

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

It was Resolved in the Affirmative.

Message to H C with Two preceing Bills.

A Message was sent to the House of Commons, by Mr Sawyer and Mr Montagu

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Parminter against Symons, Pet. rejected.

A Petition of Henry Parminter, Plaintiff in a Writ of Error depending in this House, wherein Thomas Symons is Defendant, was presented, and read, praying, "In regard it will be impossible for the Petitioner to be prepared for the Hearing of his Cause To-morrow, several Counsel to whom he has applied having declined, by reason of the short Time, to be concerned for him, that the Hearing of the said Cause may be adjourned to such further Day as to this House shall seem meet"

And thereupon the Agents or both Sides were called in, and heard.

And being withdrawn.

Ordered, That the said Petition be rejected.

Wakerley Common, enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing an Agreement, for dividing and enclosing certain Open Fields and Lands, in the Manors of Wakerley and Wittering, in the County of Northampton," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Rose and Usher against Countess of Roscommon:

After hearing Counsel, as well on Wednesday, Thursday, and Friday last, as this Day, upon the revived Petition and Appeal of George Rose Esquire, deceased, and Arthur Usher Adminstrator of the Goods of Robert Taylor unadministered by Berkeley Taylor, complaining of a Decree of the Court of Chancery in Ireland, of the 26th of June 1741, made in a Cause wherein Angel Countess Dowager of Roscommon in the said Kingdom was Plaintiff, and the said George Rose, Berke'ey Taylor, and Arthur Usher, were Defendan's, and praying, "That the same might be reversed or set aside, or that this House would make such Order for the Appellants Relief as to then Lordships in then great Wisdom and Justice should seem meet" As also upon the Answer of the said Countess Dowager put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

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, affirmed, with this Addition, (videlicet,) "That the said Decree be without Prejudice to any Remedy which the Appellants or either of them may have, either in Law or Equity, upon the Arucles in the Pleadings mentioned, of the 22d of August 1718, and that, in case the Appellant Hickman Rose, Son and Heir of the said George Rose deceased, shall bring any Action at Law, or the Appellants or either of them shall bring any Bill in Equity, upon the said Articles, the Respondent do admit that the said Articles were executed by Edward Kennelly, by virtue of a Letter of Attorney from Henry Ingoldsby to the said Edward Kennelly for that Purpose."

Marlow's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the undivided Fifth Part of divers Lands and Hereditaments, in the County of Sussex, the Estate of Ebenezer Marlow and William Marlow his Son, an Infant, in Trustees, in Trust to sell the same, for the Purposes therein mentioned"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them; to meet on Wednesday the 8th Day of March next, at the usual Time and Place, and to adjourn as they please.

Adjourn.

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

DIE Mercarii, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Backwood against Marshall & al.

The joint and several Answer of William Marshall and Benjamin Mashall, to the Appeal of Robert Blackwood Esquire, was brought in.

E of Sandwich takes the Oaths.

John Earl of Sandwich took the Oaths, and made and subscribed the Declaration, and also took and sub scribed 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.

Lockwood's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Inheritance of the Real Estate late of John Lockwood Gentleman, deceased, in Trustees, for the Payment of the Encumbrances charged upon the same by virtue of, and under, his Will," 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, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Ordered, That the said Bill be engrossed.

Late Bishop of Salisbury's Charity, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for applying Part of the Personal Estate of Gilbert late Lord Bishop of Salisbury, for the purchasing of Lands or Rents in Perpetuity, in Scotland, to be settled to several charitable Uses and Purposes in his Will mentioned"

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

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by Mr Sawyer and Mr Montagu

To carry down the said Bill, and desire then Concurrence thereunto.

Wakerley Common, enclosing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement, for dividing and enclosing certain Open Fields and Lands, in the Manors of Wakerley and Wirtering, in the County of Northampton."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Thursday the 9th Day of March next, at the usual Time and Place, and to adjourn as they please.

Lynch, to take the Name of Blosse, Bill.

The Earl of Warwick, pursuant to the Order of this House of the 9th Instant, presented to the House a Bill, intituled, "An Act to enable Robert Lynch Esquire to assume and take upon him the Name of Blosse."

And the same was read the First Time.

Parminter against Symons, Writ of Error.

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Thirteenth Day of May last, wherein Henry Parminter is Plaintiff, and Thomas Symons Defendant, in order to reverse a Judgement given in the Court of King's Bench for the Defendant in Error.

Counsel appearing for the said Defendant, but no Counsel for the Plaintiff in Error, who made Default.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed, and that the Record be remitted, to the End Execution may be had thereupon as if no such Writ of Error had been brought into this House And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of One Hundred Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

Countess of Kildare & al against Burton & al Hearing appointed.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton and others Respondents"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 15th Day of March next.

Hamersley to enter into Recognizance for Plunket.

The House being moved, "That Hugh Hamersley Gentlem in may be permitted to enter into a Recognizance for William Plunket Gentleman, on account of his Appeal depending in this House, he being in Ireland"

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

Adjourn.

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

DIE Jovis, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Broughton, Rector of Yearly Payment to, Bill.

A Message was brought from the House of Commons, by Sir William Stanhope and others:

With a Bill, intituled, "An Act for settling a certain Yearly Payment to the Rector of Broughton, in the County of Bucks, for the Time being, in Lieu of Tithes, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H C to return Rogers's Bill.

A Message was brought from the House of Commons, by Mr. Robinson Morris and others.

To return the Bill, intituled, "An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lunatic, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatic, during his Lunacy;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The said Amendment, being read Thrice, was agreed to.

And, a Message was sent to the House of Commons, by Mr Sawyer and Mr Montagu, to acquaint them therewith.

Coutant, Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Charles Louis Courant," 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"

Ordered, That the said Bill be engrossed.

Lockwood Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Inheritance of the Real Estate late of John Lockwood Gentleman, deceased, in Trustees, for the Payment of the Encumbrances charged upon the same by virtue of, and under, his Will"

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

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by the former Messengers.

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

Levinz & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Levinz Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for discharging the Estate of William Levinz Esquire, in Bilby, Ranby, and Stirrop, in the County of Nottingham, from a Yearly Payment of Thirty Pounds, given by Sir Croswell Levinz Knight, for charitable Uses, and for charging the same on his Estate at Grove, in the same County."

Middleton & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Middleton Widow and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of a Messuage and certain Freehold and Copyhold Lands and Hereditaments, in Twickenham, in the County of Middlesex, the Estate of Mary Middleton Widow, and others, and for vesting the Money arising thereby in Trustees, for the same Uses to which the said Estate now stands settled."

Doctor Cotton & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Nathaniel Cotton Doctor in Physic and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Nathaniel Cotton Doctor in Physic, lying in the County of Hertford, in Trustees, in Trust to sell the same, and to lay out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

Lynch's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Robert Lynch Esquire to assume and take upon him the Name of Blosse."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

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

Arburhnot against Macfarlane.

Whereas To-morrow is appointed, for hearing the Cause wherein James Arburhnot Esquire is Appellant, and Walter M'farlane Esquire Respondent.

It is Ordered, That the Hearing of the said Cause be put off to Monday next.

Adjourn.

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

DIE Lunæ, 27^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Whitfoord against Cunninghame & al.

The joint and several Answer of Elizabeth Cunninghame, Jane and Catherine Whitefoord, Three of the Respondents to the Appeal of James Whitefoord Esquire, was brought in.

Norton Common Fields enclosing, Bill.

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

With a Bill, intituled, "An Act for consiming Articles of Agreement, and an Award, for enclosing and dividing the Heaths, Wastes, Fields, and Common Grounds, in the Township of Norton juxta Twicross, in the County of Leicester," to which they desire the Concurrence of this House.

Renner's Nat Bill.

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

With a Bill, intituled, "An Act for naturalizing George William Renner," to which they desire the Concurrence of this House.

Broughton Rector of, Yearly Payment to, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling a certain Yearly Payment to the Rector of Broughton, in the County of Bucks, for the Time being, in Lieu of Tithes, and for other Purposes therein mentioned"

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Their Lordships, or any Five of them, to meet on Tuesday the 7th Day of March next, at the usual Time and Place, and to adjourn as they please.

Dr Cotton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part or the settled Estate of Nathaniel Cotton Doctor in Physic, lying in the County of Hertford, in Trustees, in Trust to sell the same, and to lay out the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

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 Tuesday the 14th Day of March next, it the usual Time and Place, and to adjourn as they please.

Middleton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of a Messuage and certain Freehold and Copyhold Lands and Hereditaments, in Twickenham, in the County of Middlesex, the Estate of Mary Middleton Widow and others, and for vesting the Money arising thereby in Trustees, for the same Uses to which the said Estate now stands settled'

Ordered, That the said Bill be committed to the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Levinz's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for discharging the Estate of William Levinz Esquire, in Bitby, Ranby, and Stirrop, in the County of Nottingham, from a Yearly Rent of Thirty Pounds, given by Sir Creswell Levinz Knight, for charitable Uses, and for charging the same on his Estate at Grove, in the same County"

Ordered, That the said Bill be committed to the Consideration of the same Committee.

Their Lordships, or any Five of them, to meet on the same Day, at the same Place, and to adjourn as they please.

Arbuthnot against Macfarlane.

After hearing Counsel in Part, upon the Petition and Appeal of James Arbuthnot Esquire, to which Walter Macfarlane Esquire is Respondent.

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Adjourn.

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

DIE Martis, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Grant against Robertson.

The Answer of Archibald Robertson, to the Appeal of Francis Grant Merchant, was brought in.

Napier against M'farlane.

As was also, the Answer of George M'farlane Drover, to the Appeal of Gabriel Napier.

Aldworth's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Magdalen Aldworth;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Courant's Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Charles Louis Courant."

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

It was Resolved in the Affirmative.

Message to H C with it.

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

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

Arbuthnot against Macfarlane.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of James Arbuthnot Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 18th of June 1747, made on the Behalf of Walter Macfarlane Esquire, and praying, "That the same might be reversed; and that the Appellant might have such Relief as to their Lordships in their great Wisdom should seem meet" As also upon the Answer of the said Walter M'farlane put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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 Interlocutor therein complained of be, and the same is hereby, affirmed And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Sixty Pounds, for his Costs in respect of the said Appeal.

Norton Commons enclosing, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement and an Award, for enclosing and dividing the Heaths, Wastes, Fields, and Common Grounds, in the Township of Norton Juxta Twicross, in the County of Leicester."

The King's Consent to it signified.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, was pleased, so far as the Interest of the Crown is concerned, to consent that their Lordships may do therein as they think sit."

Sir R Vvvyan's Guardians, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Hoblyn Esquire and Edward Collins Clerk, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the making of Leases and Setts of Mines of the Estates of Sir Richard Vyvyan Baronet, an Infant, in the Counties of Cornwall and Devon, during his Minority."

Renner's Nat Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing George William Renner"

Forbes to enter into Recognizance for Maxwell.

The House being moved, "That Mr James Forbes of St. James's Westm'r Gentleman may be permitted to enter into a Recognizance for Anna Maxwell Lady Killilung and others, on account of their Appeal depending in this House, they being in Scotland."

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

Countess Kildare & al against Burton & al.

The House being informed, "That a Person at tended, in order to deliver in several Papers and Proceedings, in the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton and others Respondents"

Pleadings proved.

He was called in, and delivered, at the Bar, Coples of Papers and Proceedings accordingly, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland"

And then he was directed to withdraw.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.