House of Lords Journal Volume 29: February 1758, 11-20

February 1758, 11-20

DIE Martis, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Blesinton against Monsell & al.

The joint and several Answer of William Monsell Esquire and George Tuthill Gentleman, to the Appeal of William Earl of Blesinton, was brought in:

Delany against Tenison & al.

As was also, the Answer of Harriot Tenison Widow, James Edwards Esquire, and Thomas Tenison the Younger Esquire, to the Appeal of Doctor Patrick Delany:

Counts Leslie against Grant and Orme.

As also, the Answer of Peter Grant, and David Orme his Tutor in Litem, to the Appeal of Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie.

Lord Edgecumbe takes the Oaths.

Richard Lord Edgecumbe 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.

Lyme Regis Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads in the Counties of Dorset and Devon, leading to and through the Borough of Lyme Regis."

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. Lane and Mr. Waple:

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

Tuffnell's Drvorce Bill.

The Earl of Warwick (pursuant to an Order of the 24th of January last) presented to the House a Bill, intituled, "An Act to dissolve the Marriage of George Forster Tussnell Esquire with Elizabeth Forster his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a 2d Time on Friday the 28th Day of this Instant February; and that Notice thereof be affixed on the Doors of this House; and the Lords to be summoned; and that the said George Forster Tussnell may be heard, by his Counsel, at the said 2d Reading, to make out the Truth of the Allegations of the Bill; and that the said Elizabeth Forster may have a Copy of the said Bill; and that Notice be given her of the said 2d Reading; and that she may be heard, by her Counsel, what she may have to offer against the said Bill, at the same Time.

D. of Queensberry's Petition referred to Judges.

Upon reading the Petition of Charles Duke of Queensberry and Dover; praying Leave to bring in a Bill to enable him to grant a Lease of a Lead Mine in the Lands and Barony of Sanquhar, in that Part of Great Britain called Scotland; and for establishing and confirming the Contract and Agreement 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.

Home & al. Trustees of Murray against Gowdie.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent:"

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Message from H. C. to return Wentworth's Divorce Bill.

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

To return the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Wentworth with Dorothea Pilkington his now Wife; and to enable him to marry again; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Monmouthshire and Gloucestershire Roads, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from the Village of Magor, to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Chester and Bagot's Petition referred to Judges.

Upon reading the Petition of Charles Chester of Chichley in the County of Bucks Esquire, Second Son of Sir Walter Wagstaffe Bagot of Blithfield in the County of Stafford Baronet, and of the said Sir Walter Wagstaffe Bagot, and William Bagot Esquire, Eldest Son and Heir Apparent of the said Sir Walter Wagstaffe Bagot; praying Leave to bring in a Bill, for carrying into Execution an Agreement made between the Petitioners, touching the Settlement of certain Estates 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.

Turrer's Petition referred to Judges.

Upon reading the Petition of William Turner of Kirkleatham in the County of York Esquire; praying Leave to bring in a Bill, for executing and performing the Directions in the Will and Codicil of Cholmley Turner Esquire, deceased, relating to certain Charities in Kirkleatham therein mentioned; and for settling the same upon a firm and solid Foundation; and for other Purposes therein expressed:

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

Robinson against Hicks alias Robinson:

The Order of the Day being read, for the Judges to deliver their Opinions upon the Question proposed to them on Monday the 6th Instant, upon hearing the Cause wherein William Robinson Clerk is Appellant, and Edmund Hicks alias Robinson is Respondent:

Judges Opinion:

The Lord Chief Baron of the Court of Exchequer acquainted the House, "That the Judges had considered the said Question, and were unanimous in their Opinion."

And then his Lordship delivered their Reasons at large; and concluded with their Opinion; (videlicet,)

"That, by the Will of the Testator George Robinson, an Estate in Tail Male did vest in Lancelot Hicks, alias Robinson, the Father; and that an Estate in Tail Male is vested in Edmund (fn. 1) Hickes, alias Robinson, the Son, as Heir Male of the Body of Lancelot Hicks, alias Robinson."

Whereupon the following Order and Judgement was made:

Judgement affirmed.

"After hearing Counsel, as well on Friday the 3d as on Monday the 6th of this Instant February, upon the Petition and Appeal of the Revered William Robinson Clerk; complaining of a Decree of the Court of Chancery, of the 8th Day of March 1757; and praying, that the same might be reversed: As also upon the Answer of Edmund Robinson Esquire put in to the said Appeal; and hearing this Day the unanimous Opinion of the Judges, upon a Point of Law to them proposed; and due Consideration had of what had been offered in relation to 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.

Cirencester Roads, Part of former Act to repeal, Bill.

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

With a Bill, intituled, "An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Term and Powers granted by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End to Saint John's Bridge, in the County of Gloucester, as directs that the Inhabitants of the several Parishes and Hamlets therein named shall pass Toll-free; and for repairing the Street from the High Cross in Cirencester to the Town's End there; and for other Purposes therein mentioned; and for enlarging the Term and Powers granted by the said Two former Acts;" to which they desire the Concurrence of this House.

Clifford's Nat. Bill.

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

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

The said Two Bills were read the First Time.

Adjourn.

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

DIE Mercurii, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The King against Ponsonby & al. Writ of Error.

Ordered, That the Judges do attend this House on Tuesday next, on hearing the Cause upon the Writ of Error, wherein the King is Plaintiff and John Ponsonby Esquire and others are Defendants.

Norris & Ux. Petition referred to Judges.

Upon reading the Petition of William Norris of Nonsuch in the County of Wilts Esquire and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of the Capital Messuage of Ivey House, and other Lands and Tenements, in the Parishes of Chippenham, Langley, Burrell, and Hardenbuish, in the County of Wilts; and for settling other Lands at Abury, in the same County, to the same 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 Clive 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.

E. Verney & al. Petition referred to Judges.

Upon reading the Petition of Ralph Earl of Verney in the Kingdom of Ireland and Mary Countess of Verney his Wife, One of the Two Daughters and Coheirs of Henry Herring of London Esquire, deceased, and Sir Kenrick Clayton Baronet and Dame Henrietta Maria Clayton his Wife, the other Daughter and Coheir of the said Henry Horring; and also of Mary Calvert Wife of Richard Calvert Esquire, for and on the Behalf of Mary Verney her Daughter, an Infant; praying Leave to bring in a Bill for Sale of certain Estates therein mentioned, in the County of Middlesex, City of London, and Borough of Southwark, therein mentioned; and for applying the Money arising thereby in the Purchase of other Estates, to be settled 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 Denison; 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.

Monmouth and Gloucester Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Village of Magor to the Bridge Foot in the Town of Chepstow, in the County of Monmouth, and other Roads in the Counties of Monmouth and Gloucester."

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

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.

Clifford's Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing George Clifford."

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

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

Chichester against E. Donegall:

After hearing Counsel, upon the Petition and Appeal of Ann Chichester Widow and Administratrix of John Chichester Esquire, her late Husband, deceased, (which Appeal, upon the Death of Arthur Earl of Donegall, Respondent thereto, was, by Order of this House, of the 15th of December last, revived against Arthur the present Earl of Donegall, an Infant under the Age of Twenty-one Years, his Heir, and against Richard Barry Esquire sole Executor of the last Will and Testament of the said Earl of Donegall); complaining of Two Orders of the Court of Chancery in Ireland, of the 11th of July 1754 and 3d of May 1755; and also a Decree of the same Court of the 17th of March 1756; and praying, "That the said Orders and Decree might be reversed; and that this House would be pleased to give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the Answer of the said Arthur Earl of Donegall the Infant, by John Ludford Esquire his Guardian, and of the said Richard Barry, 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 Orders and Decree therein complained of be, and the same are hereby, affirmed.

Ross to enter into a Recognizance for Counts Leslie, on their Second Appeal.

The House being moved, "That George Ross Esquire may be permitted to enter into a Recognizance for Counts Leslie, on account of their Second Appeal depending in this House; they being in Parts beyond the Seas:"

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

Powney & al. Petition referred to Judges.

Upon reading the Petition of Penelope Elizabeth Powney, Widow and Relict of Penyston Powney Esquire, deceased, Mother and Guardian of Penyston Portlock Powney, an Infant, his only Son and Heir, and Ann and Catherine his Two Infant Daughters, Richard Powney Esquire only Brother and sole Executor of the last Will and Testament of the said Penyston Powney, deceased, the Reverend Humphry Henchman Clerk, on Behalf of themselves, and of the Reverend Stephen Nibblett Doctor in Divinity, John Canham Esquire, and Thomas Staples Gentlemen, Trustees named in the Marriage Settlement of the said Penyston Powney, deceased; praying Leave to bring in a Bill, to vest Part of the settled Estate of the said Penyston Powney, in Trustees, to be sold, in order that the Will of the said Penyston Powney may be performed and complied with:

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 the Lord Chief Baron of the Court of Exchequer; 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.

Adjourn.

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

DIE Veneris, 17^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;

Adjourn.

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

DIE Lunæ, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Anson takes the Oaths.

George Lord Anson 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 delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Thanks to the Bp. of Salisbury, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Salisbury, for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Friday last; and he is hereby desired to cause the same to be forthwith printed and published.

Counts Leslies Second Appeal to be heard the same Day with the First.

Upon reading the Petition of Peter Grant and David Orme his Tutor in Litem, Respondents to the Appeal of Charles Cajetan Count Leslie, Leopaldus Count Leslie, and Antonius Count Leslie; setting forth, "That Count Charles Cajetan and Count Antonius brought their First Appeal from certain Interlocutors of the Court of Session in Scotland, which allowed the Respondent Grant to proceed, on having himself served as nearest Protestant Heir of Talzie of the Estate of Balquhain; to which the Respondents having put in their Answer, the said Cause was, by Order of the 23d of January last, set down to be heard on the First vacant Day for Causes after those already appointed: That the said Appellants afterwards brought a 2d Appeal from certain Interlocutors of the same Court, made on the Respondents Action of Declarator, for having the Appellants declared Aliens and Papists, and incapable to hold the said Estate of Balquhain; to which Second Appeal the Respondents have put in their Answer;" and praying, "In regard both the said Appeals relate to the same Matter, and the substantial Principal Question arising thereupon is one and the same, that the Causes on both the said Appeals may be heard together:"

It is Ordered, That the Cause on the said Second Appeal be heard on the same Day on which the said first mentioned Appeal stands in Course appointed for Hearing.

Hepburn & al. against Congalton & al.

Upon reading the Petition and Appeal of John, James, George, and Ann Hepburn, lawful Children of James Hepburn of Humbie, and of Thomas Cockburn Clerk to the Signet, their Tutor ad Litem; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 8th of February 1758; and praying, "That the same may be reversed, varied, or altered; and that the Appellants may have such other Relief in the Premises, as to this House in their Lordships great Wisdom shall seem just; and that Charles Congalton Surgeon in Edinburgh, and Samuel Mitchelson Clerk to the Signet, may be required to answer the said Appeal:"

It is Ordered, That the said Charles Congalton and Samuel Mitchelson may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of March next; and Service of this Order upon any One of their Counsel or Agents before the Court of Session in Scotland, shall be deemed good Service.

Scott and Young against Cochran & al.

Upon reading the Petition and Appeal of Thomas Scott in Joanhill, and James Young of Netherfield; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 17th of February 1756, the 7th of December 1757, and 2d of this Instant February; and praying, "That the same may be reversed, or varied; and that the Appellants may have such other Relief in the Premises, as to this House in their Lordships great Wisdom and Justice shall seem meet; and that James Cochran in Brownside, Janet Baird his Wife, and the other Parties, to the Cause below, may be required to answer the said Appeal:"

It is Ordered, That the said James Cochran, Janet Baird his Wife, and the other Parties to the Cause below, may have a Copy of the said Appeal; and do put in (fn. 2) their Answer or respective Answers thereunto, in Writing, on or before Monday the 20th Day of March next; and Service of this Order upon any of their Procurators or Agents in the Court below shall be deemed good Service.

Cirencester Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Term and Powers granted by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End, to Saint John's Bridge, in the County of Gloucester, as directs that the Inhabitants of the several Parishes and Hamlets therein named, shall pass Toll-free; and for repairing the Street from the High Cross in Cirencester, to the Town's End there; and for other Purposes therein mentioned; and for enlarging the Terms and Powers granted by the said Two former Acts."

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.

Clifford's Nat. Bill.

Ordered, That the Committee to whom the Bill for naturalizing George Clifford stands committed, be revived; and meet on Wednesday next.

The King against Ponsonby & al. Writ of Error.

Whereas To-morrow is appointed, for hearing the Cause upon the Writ of Error, wherein the King's Majesty is Plaintiff, and John Ponsonby Esquire and others are Defendants; and for the Judges to attend:

It is Ordered, That the Hearing of the said Cause be put off till Wednesday next; and that the Judges do then attend; and that the other Causes be removed in Course.

Wilson & al. against Burnton & al.

This Day, being appointed, for hearing Counsel, upon the Petition and Appeal of John Wilson, Collector of His Majesty's Customs at Stockton, in the County of Durham, and Richard Swainston Solicitor of the Customs in Scotland his Factor and Attorney; complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of January 1756, made on the Behalf of Robert Burnton and James Chalmers; and praying, "That the same may be reversed or varied; and that this House would be pleased to grant the Appellants such other Relief, as to their Lordships should seem meet;" to which Appeal the said Robert Burnton and James Chalmers have not put in their Answer, though peremptorily ordered so to do:

Counsel were accordingly called in, to be heard.

And One Counsel only appearing for the Appellants (none appearing for the Respondents); he was heard, to state and argue the Case on Behalf of the Appellants.

And having prayed a Reversal of the Interlocutor complained of:

The said Interlocutor was read.

And then the Counsel was directed to withdraw.

And due Consideration being had of what was offered:

Heard ex Parts, and the Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor complained of in the said Appeal be, and the same is hereby, reversed: And it is hereby Declared, That the Respondents are liable to answer and pay the Sum of Sixty Pounds Sterling, Costs, awarded by the Court of King's Bench: And it is further Ordered, That the Defence of the said Respondents be repelled; and that the said Respondents do accordingly pay the said Sum of Sixty Pounds to the Appellants, together with their Expenses of the Suit in the Court of Session; and that an Accompt thereof be given in: And it is further Ordered, That the said Court of Session do give the proper Directions for carrying this Order and Judgement into Execution.

Adjourn.

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