Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 33: February 1772, 21-28', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol33/pp259-270 [accessed 23 December 2024].
'House of Lords Journal Volume 33: February 1772, 21-28', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol33/pp259-270.
"House of Lords Journal Volume 33: February 1772, 21-28". Journal of the House of Lords Volume 33, 1770-1773. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol33/pp259-270.
In this section
Die Veneris, 2o Februarii 1772.
Domini tam (fn. 1) Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
His Majestys answer to Address of Yesterday.
The Lord Steward reported, That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; and that His Majesty was pleased to receive the same very graciously.
Drapers Divorce Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Richard Draper with Elizabeth Hartnell his now Wife, and to enable him to marry again; and for other Purposes therein 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. Holford and Mr. Harris:
To carry down the said Bill, and desire their Concurrence thereto.
Dashwood to take the Name of Peyton, Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act to enable Henry Peyton Esquire (lately called Henry Dashwood) and his Issue, to use the Surname and Arms of Peyton, pursuant to the Will of Sir Thomas Peyton Baronet deceased, 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.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for granting an Aid to His Majesty by a Land, Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-two.
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Malt; &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-two.
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same, to the House, without any Amendment.
Marine Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Clareton, &c. Enclosure Bill.
HoDie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields and Waste Grounds, within the Manor of Clareton with Coneystrop, and a Piece of Waste Ground, called Shortshill, in the Manor of Allerton with Flaxby, all in the County of York.
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 Princes Lodgings, near the House of Peers; and to adjourn as they please.
Hanckwitz for a Divorce Bill:
Upon reading the Petition of Ambrose Godfrey Hanckwitz; praying Leave to bring in a Bill to dissolve his Marriage with Dorothy Ashcroft his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill according to the Prayer of the said Petition.
Bill read.
Whereupon, The Lord Sandys presented to the House, a Bill, intituled, An Act to disolve the Marriage of Ambrose Godfrey Hanckwitz with Dorothy Ashcroft his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
The said Bill was read a First Time.
Ordered, That the said Bill be read a Second Time on Monday the 2d Day of March next, and that the Lords be summoned, and that Notice thereof be affixed on the Doors of this House, and that the said Ambrose Godfrey Hanckwitz may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Dorothy Ashcroft may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel what she may have to offer against the said Bill at the same Time.
Lewiss Divorce Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to dissolve the Marriage of Hugh Lewis with Susannah Hale, otherwise Heale, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and made One Amendment thereto, which he was ready to report when the House will please to receive the same.
Ordered, That the said Report be received on Monday next.
Dunbar to enter into Recognizance on Parkhills Appeal.
The House being moved, That Peter Dunbar, of the Parish of St. Martin in the Fields, may be permitted to enter into a Recognizance for Captain David Parkhill of Craiglockhart, on Account of his Appeal depending in this House, he residing in Scotland:
It is Ordered, That the said Peter Dunbar may enter into a Recognizance for the said Appellant, as desired.
Deas et al. against Home et al.
Upon reading the Petition and Appeal of John Deas Esquire, Alexander Wight Esquire Advocate, Andrew Crosbie Esquire Advocate, Alexander Ferguson Esquire Advocate, Mr. Alexander Gray Writer to the Signet, Mr. John Thompson Writer in Edinburgh, Mr. Hugh Maxwell Writer, and Mr. James Ingles. Junior, Merchant in Edinburgh; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 15th of this instant February; and praying, That, the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Home, Messieurs Young and Trotter, John Reid, and Richard Thompson may be required to answer the said Appeal:
It is Ordered, That the said John Home, Messieurs Young and Trotter, John Reid, and Richard Thompson may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 20th Day of March next; and Service of this Order upon the said Respondents, or upon their Procurators or Agents before the Court of Session in Scotland, shall be deemed good Service.
Meyer and Boeteseurs Nat. Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Arnold Meyer and Peter Boetefeur, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had also considered of the Petitions of John Gotthelff Rucker and John Guth praying that their Names may be inserted in the said Bill; and that the Committee had gone through the Bill, and made several Amendments thereto.
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
For regulating the future Marriages of the Royal Family, Bill.
The Earl of Rochford presented to the House, a Bill, intituled, An Act for the better regulating the future Marriages of the Royal Family.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Wednesday next, and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum quartum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 24o Februarii 1772.
Domini tam Spirituales quam Temporalis prsentes fuerunt:
PRAYERS.
Deas et al. against Home et al.
The Answer of John Home Coachmaker and others, to the Appeal of John Deas Esquire and others, was this Day brought in.
Luttrell against Nettervill et Ux.
After hearing Counsel, in Part, in the Cause wherein John Luttrell is Appellant, and Robert Nettervill and Margaret his Wife are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.
Clareton, &c. Enclosure Bill.
The Earl of Denbigh reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing several Open Fields and Waste Grounds, within the Manor of Clareton with Coneystrop, and a Piece of Waste Ground, called Shortshill, in the Manor of Allerton with Flaxby, all in the County of York, 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.
Land Tax Bill.
HoDie 3a vice lecta est Billa, intituled, An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-two.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Malt, &c. Bill.
HoDie 3a vice lecta est Billa, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-two.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Mutiny Bill:
HoDie 3a vice lecta est Billa, intituled, An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Marine Mutiny Bill.
HoDie 3a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces, while on Shore.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Dashwood to take the Name of Peyton, Bill.
HoDie 3a vice lecta est Billa, intituled, An Act to enable Henry Peyton Esquire (lately called Henry Dashwood) and his Issue, to use the Surname and Arms of Peyton, pursuant to the Will of Sir Thomas Peyton Baronet deceased.
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 the Five preceding Bills.
And Messages were, severally, ordered to be sent to the House of Commons, by Mr. Harris and Mr. Browning:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Meyers and Boetefeurs Nat. Bill.
HoDie 3a vice lecta est Billa, intituled, An Act for naturalizing Arnold Meyer and Peter Boetefeur.
The Question was put, Whether this Bill, with the Amendments, shall pass?
It was resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons; by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bill, with some Amendments, to which their Lordships desire their Concurrence.
Bp. Durham takes the Oaths.
John Lord Bishop of Durham took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Cathcarts Petition referred to Judges.
Upon reading the Petition of James Cathcart of Carbiestoun Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
St. Clair against Nimmo et al.
Upon reading the Petition and Appeal of Andrew) St. Clair Merchant in Edinburgh, complaining of Three Interlocutors of the Lords of Session in Scotland, of the Ist of March, 26th of July, and 20th of November 1771; as also of an Interlocutor of the Lord Ordinary there, of the 6th of December 1771; and also of another Interlocutor of the said Lords, of the 5th of this instant February; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem just; and that Elizabeth Nimmo and Margaret Mary Nimmo, Daughters of Mr. James Nimmo, Receiver General of the Excise in Scotland, and their Husbands James Pringle of Bowland Esquire, and Mr. John Gibson Minister of the Gospel, may be required to answer the said Appeal:
It is Ordered, That the said Elizabeth Nimmo and Margaret Mary Nimmo, and their Husbands James Pringle and John Gibson, 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 23d Day of March next; and Service of this Order upon the said Respondents, or their known Agent in the said Court of Session in Scotland, shall be deemed good Service.
Foxley Charity Bill.
The Lord Viscount Falmouth (pursuant to an Order of Leave) presented to the House, a Bill, intituled, An Act for establishing and regulating a Charity, called Foxley Charity, in the County of Northampton, founded by Lady Katherine Leveson.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 25o Februarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
St. Clair against Nimmo et al.
The Answer of Mrs. Elizabeth Nimmo and others, to the Appeal of Andrew St. Clair Merchant in Edinburgh, was this Day brought in.
Luttrell against Nettervill et Ux:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Luttrell, complaining of a Decree of the Court of Chancery in Ireland, of the 10th of March 1767, made in a certain Cause wherein Robert Nettervill and Margaret Nettervill [ (fn. 2) otherwise Nettervill] otherwise Aylmer his Wife, Administratrix of Robert Luttrell her late Husband deceased, were Plaintiffs, and the said John Luttrell was Defendant; and praying, That the same might be set aside, varied, or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Robert Nettervill and Margaret his Wife, 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.
Sir George Colebrook et al. Petition referred to Judges.
Upon reading the Petition of Sir George Colebrooke Baronet and Dame Mary his Wife, and of John Aubrey Esquire and Mary his Wife, and the Right Honourable Charles Earl of Tankerville and Emma Countess of Tankerville his Wife; praying Leave to bring in a Bill for the purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Aubrey et al. Petition referred to judges.
Upon reading the Petition of John Aubrey Esquire and Mary his Wife, the Right Honourable Charles Earl of Tankerville and Emma Countess of Tankerville his Wife, William Harvey Esquire, an Infant, by Edward Harvey Esquire, Major General of His Majestys Forces, his Uncle and Guardian, and of Thomas Grosvenor Esquire; praying Leave to bring in a Bill for the purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Roudham Enclosure Bill.
A Message was brought from the House of Commons, by Mr. De Grey and others:
With a Bill, intituled, An Act for enclosing the Common Fields, Break-Lands, Half-Year Lands, Lammas Meadows, Heaths, Commons, and Waste Grounds, within the Parish of Roudham, in the County of Norfolk; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Lewiss Divorce Bill.
The Lord Boston reported (according to Order) the Amendment made, by the Committee of the whole House, to the Bill, intituled, An Act to dissolve the Marriage of Hugh Lewis with Susannah Hale, otherwise Heale, his now Wise, and to enable him to marry again; and for other purposes therein mentioned:
And the same, being read Twice by the Clerk, was agreed to by the House.
Ordered, That the said Bill, with the Amendment, be engrossed.
Witnesses to attend on Hanckwitzs Divorce Bill.
Ordered, That John Owens, Thomas Laurie Elizabeth Fulcher, and Sarah Hubbart, do attend this House on Monday the 2d Day of March, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Ambrose Godfrey Hanckwitz with Dorothy Ashcroft his now Wife, and to enable him to marry again; and for other purposes therein mentioned.
Clareton, &c. Enclosure Bill:
HoDie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing several Open Fields and Waste Grounds within the Manor of Clareton with Coneystrop, and a Piece of Waste Ground called Shortsill in the Manor of Allerton with Flaxby, all in the County of York.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C.that the Louis have agreed to it.
A Message was sent to the House of Commons, by Mr. Harris and Mr. Browning:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Cheap against Alton and Company.
The House being informed, That Andrew Aiton and Company, Respondents to the Appeal of James Cheap of Leith Merchant, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:
And thereupon, An Affidavit of Robert Jamieson Writer to the Signet, of the due Service of the said Order, being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.
Judges to attend.
Ordered, That the Judges do attend this House To-morrow, upon the Second Reading of the Bill, intituled, An Act for the better regulating the future Marriages of the Royal Family.
Causes put off.
Ordered, That the Cause which stands for hearing To-morrow, be put off to Monday next, and that the Rest of the Causes be removed in Course.
Sir John Colletons Divorce Bill.
Ordered, That the Second Reading of the Bill, intituled, An Act to dissolve the Marriage of Sir John Colleton Baronet with Ann Fulford his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; which stands appointed for To-morrow, be put off to Tuesday next, and that the Lords be summoned, and that the Witnesses do then attend.
Longlands to enter into Recognizance, on St. Clairs Appeal.
The House being moved, That Thomas Longlands Gentleman may be permitted, to enter into a Recognizance for Andrew St. Clair Merchant in Edinburgh, on Account of his Appeal depending in this House, he residing in Scotland:
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant as desired.
St. Clair against Minima et al.
The House being moved, That a Day may be appointed for hearing the Cause wherein Andrew St. Clair Merchant in Edinburgh is Appellant, and Elizabeth Nimmo and others are Respondents:
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.
Barrow et al. Petition referred to Judges.
Upon reading the Petition of Jane Barrow, Widow of Jonadab Barrow late of Northwick, in the County of Chester, Gentleman, deceased, and heretofore the Widow, Relict, and surviving Executrix, of the last Will and Testament of Richard Molineux late of Hawkley within Pemberton, in the County of Lancaster Esquire, her former Husband deceased; William Hill of Ormskirk in the said County of Lancaster Esquire; the Reverend William Knowles of Ormskirk aforesaid Clerk; Thomas Harrocks and John Harrocks, both of Aughton, in the said County of Lancaster, Pinnion Wire Drawers, and Henry Yates of Ormskirk aforesaid Gentleman; on Behalf of themselves and the Rest of the Creditors of the said Jane Barrow; praying Leave to bring in a Bill for the purposes in the Petition mentioned:
It is Ordered, That the consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinions 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 Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Februarii, hora un decima Auror, Dominis sic decernentibus.
Die Mercurii, 26o Februarii 1772.
REX.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
The House was adjourned during Pleasure to robe.
The House was resumed.
The King present.
His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, It is His Majestys Pleasure they attend Him immediately in this House:
Who being come, with their Speaker,
He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those, and the other Bills to be passed, severally, as follow; (videlicet).
Bills passed.
1. An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-two.
2. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-two.
To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant in these Words; (videlicet),
Le Roy remercie ses bons Sujets, accepte leur
Benevolence, et ainsi le veult.
3. An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.
4. An Act for the Regulation of His Majestys Marine Forces while on Shore.
To these Bills the Royal Assent was, severally, pronounced, by the Clerk Assistant in these Words; (videlicet),
Le Roy le veult.
5. An Act for dividing and enclosing the Open Common Fields, Meadows, and Waste Grounds, within the Manor and Parish of North Crawley, in the County of Bucks.
6. An Act for dividing and enclosing several Open Fields and Waste Grounds, within the Manor of Clareton with Coneystrop, and a Piece of Waste Ground called Shortsill, in the Manor of Allerton with Flaxby, all in the County of York.
7. An Act to enable Henry Peyton Esquire (lately called Henry Dashwood) and his Issue, to use the Surname and Arms of Peyton, pursuant to the Will of Sir Thomas Peyton Baronet deceased.
8. An Act for naturalizing Peter Lewis de la Rive and Francis Menet.
9. An Act for naturalizing James Samuel Jequier.
To these Bills the Royal Assent was, severally, pronounced, by the Clerk Assistant in these Words; (videlicet),
Soit fait comme il est desire.
Then His Majesty was pleased to retire;
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Foxley charity Bill.
HoDie 2a vice lecta est Billa, intituled, An Act for establishing and regulating a Charity, called Foxley Charity, in the County of Northampton, founded by Lady Katherine Leveson.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any five of them, to meet on Friday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to Adjourn as they please.
Roudham Enclosure Bill.
HoDie 2a lecta est Billa, intituled, An Act for enclosing the Common Fields, Break Lands, Half Year Lands, Lammas Meadows, Heaths, Commons, and Waste Grounds, within the Parish of Roudham, in the County of Norfolk.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to Adjourn as they please.
Collier for a Divorce Bill.
Upon reading the Petition of George Collier Esquire, praying Leave to bring in a Bill to dissolve his Marriage with Christiana Gwynn his now Wife, and to enable him to marry again:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Carthness Claim of Peerage.
Upon reading the Petition of William Sinclair of Ratter Esquire, Claimant of the Peerage of Carthness; praying, In regard that, the Petitioner hath delivered his printed Cases, that the Lords Committees for Privileges may be ordered to meet to consider of the said Claim on Friday the 13th Day of March next, or on such other Day as their Lordships shall please to appoint:
It is Ordered, That the Committee of Privileges do meet, to consider of the said Claim, on Friday the 13th Day of March next; and that Notice thereof be given to His Majestys Attorney General and His Majestys Advocate for Scotland.
Welby against D. Rutland.
The House being informed, That John Duke of Rutland Respondent to the Appeal of William Welby, had not put in his Answer to the said Appeal, though duly served with the Order of this. House for that Purpose:
And thereupon, An Affidavit of Samuel Thomas Gentleman, of the due Service of the said Order, being read:
Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.
Pulteney et Ux. Petition referred to Judges.
Upon reading the Petition of William Pulteney Esquire and Frances his Wife, for themselves and on Behalf of Henrietta Laura Pulteney their Infant Daughter; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
For regulating the future Marriages of the Royal Family, Bill:
The Order of the Day being read for the Second Reading of the Bill, intituled, An Act for the better regulating the future Marriages of the Royal Family, for the Lords to be summoned, and for the Judges to attend:
The said Bill was accordingly read a Second Time.
Then it was moved, That His Majestys Message relating to the said Bill might be read:
The said Message was accordingly resd by the Clerk.
Question put to the Judges; and then Answer.
Then it was moved, That the following Question be put to the Judges; (videlicet),
Is the King entrusted by Law with the Care and Approbation of the Marriages of the Descendants of His late Majesty King George the Second, other than His present Majestys own Children, during their Minorities?
Which being objected to:
After Debate:
The said Question was accordingly put to the Judges.
Whereupon, Mr. Baron Smythe, having conferred with the Rest of the Judges present, delivered their unanimous Opinion upon the said Question in the Negative. The Question extending to all the Descendants of His late Majesty King George the Second, whether within this Kingdom or not.
Another Question put to them, which they desire Time to consider.
Then the following Question was put to the Judges:
Whether the Care and Approbation of the Marriages of the Royal Family, other than the Issue of Princesses married into Foreign Families, does belong to the Kings of this Realm?
Whereupon, Mr. Baron Smythe, having conferred with the Rest of the Judges present, acquainted the House, That they desired Time to consider of the said Question.
Then it was moved, That the said Bill be committed to a Committee of the whole House on Friday next.
Which being objected to:
After long Debate:
The Question was put thereupon;
It was resolved in the Affirmative.
Ordered, That the said Bill be committed to a Committee of the whole House on Friday next.
Ordered, That the Judges do attend this House on Friday next, to deliver their Opinions upon the Question to them proposed, and that the Lords be summoned.
Rogers against Dyer and Dolge; in Error.
The Lord Mansfield, Lord Chief Justice of the Court of Kings Bench, in the usual Manner, delivered in at the Table a Writ of Error, wherein Nehemiah Rogers is Plaintiff, and John Dyer and Joachim Frederick Dolge are Defendants.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 27o Februarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS,
Pole to take the Name of Carew, Bill.
The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, An Act to enable Reginald Pole Esquire, to take, use, and bear, the Surname and Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet, deceased, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and mat 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.
Roudham Enclosure Bill.
The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, An Act for enclosing the Common Fields, Break Lands, Half-year Lands, Lammas Meadows, Heaths, Commons, and Waste Grounds, within the Parish of Roudham, in the County of Norfolk, 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.
Enfield, &c. Road Bill.
A Message was brought from the House of Commons, by Mr. Plumer and others:
With a Bill, intituled, An Act to continue and render more effectual several Acts for repairing the Roads from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and other Roads in the said Act mentioned; and also for repairing the Road from the End of the Town of Hertford to Amwell End, near Ware, in the said County of Hertford; to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H.C. to return Meyer and Boetefeurs Nat. Bill.
A Message was brought from the House of Commons, by Mr. Hanmer and others:
To return the Bill, intituled, An Act for naturalizing Arnold Meyer and Peter Boetefeur; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Hutton to take the Name of Long, Bill.
A Message was brought from the House of Commons, by Mr. Musgrave and others:
With a Bill, intituled, An Act to enable Mary and William Hutton, and the other Persons therein described, to take and use the Surname, Arms, and Crest,of Long, pursuant to the Will of James Long deceased; to which they desire the Concurrence of this House.
Winterflow, &c. Road Bill.
A Message was brought from the House of Commons, by the Lord Folkestone and others:
With, a Bill, intituled, An Act to continue and enlarge the Term and Powers of an Act, mAde in the Twenty-sixth Year of the Reign of King George the Second, for repairing and widening the Roads leading from Lobcombe Corner, in the Parish of Winterslow, to Harnham Bridge, in the County of Wilts; and from the West Corner of St. Annes Street, in the City of New Sarum, to the Parishes of Landford and Brook; and from thence to Ealing; and from Landford aforesaid, through Ower and Testwood to Ealing aforesaid, in the County of Southampton; and for repairing and widening the Road from the Rumsey and Ringwood Turnpike Road, near the House .of Francis Fry, to Lindhurst; and from a Place called Hampton Ford to Lambs Corner, in the said County of Southampton; and for repairing the Footways within the said City; to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Lewiss Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, An Act to dissolve the Marriage of Hugh Lewis with Susannah Hale, otherwise Heale, his now Wife, and to enable him to marry again; and for other Purposes therein 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. Harris and Mr. Browning:
To carry down the said Bill, and desire their Concurrence thereto.
Min hin et Ux. Petition referred to Judges.
Upon reading the Petition of Humphry Minehin Esquire and Clarinda his Wife, on Behalf of themselves and of their Infant Sons and Daughters; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Charteris et al. Petition referred to Judges.
Upon reading the Petition of Francis Charteris Esquire, Lord of the Honour, Manor, and Lordship of Hornby and Manor of Tatham, in the County Palatine of Lancaster, and of William Gillison, John Moore, and Miles North, Esquires, John Howson, George Wyldman, Thomas Winder Faithwaite, William Thornton, William Edmondson, Anthony Bateson Stephen Smith, William Talbot, Richard Atkinson, Richard Townson, William Dowbiggin, Thomas Benson, William Remington, John Carter, William Robinson, William Bradley, Isaac Willockson, Thomas Bateson, Francis Smith, and of the several other Persons whose Names are here unto subscribed, being entitled to Freehold, Fee Farm, and Customary Estates, within the several Townships of Hornby, Tatham, Tarleton, Eskrigg, Gressingham, Arkholme, Kaywood, Melling, Wrayton, Tunstall, Wennington, Roberindale, Wray, and Botton, within the said Honour or Lordship of Hornby; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
E. Spencer et Ux. Petition referred to Judges.
Upon reading the Petition of the Right Honourable John Earl Spencer and the Right Honourable Georgiana Countess Spencer his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Perrott, 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.
Baldwyns Petition referred to Judge:
Upon reading the Petition of Charles Baldwyn of Aqualate, in the County of Stafford, Esquire; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Smythe, who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Causes put off.
Ordered, That the Hearing of the Cause, wherein Oliver Isdall Esquire is Appellant, and Oliver Fitzgerald Esquire is Respondent, which stands appointed for Monday next, be put off till To-morrow Sevennight, and that the Rest of the Causes be removed in Course.
Macdonald against Macdonald et e con Petition to amend Appeal.
Upon reading the Petition of Colin Macdonald, Appellant in a Cause depending in this House, to which Ronald Macdonald is Respondent, et e con.; setting forth, That since presenting the said Appeal, the Lord Ordinary in Scotland, on the 8th of December 1770, pronounced an Interlocutor for applying and carrying into Execution the Interlocutors complained of in the said Appeal; and therefore praying, That he may be at Liberty to amend his laid Appeal, by Adding the said Interlocutor of the 8th of December 1770, he amending the Respondents copy, the Agent for the said Respondent having signed the said Petition as consenting thereto:
It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by Adding the said Interlocutor of the 8th of December 1770, as desired, he amending the Respondents Copy.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum septimum diem instantis Februarii, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 28o Februarii 1772.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Burton et al. against Lane.
The Answer of William Lane Esquire, to the Appeal of William Burton Esquire and others, was this Day brought in:
Welby against D. Rutland.
As was also, The Answer of the Most Noble John Duke of Rutland, to the Appeal of William Welby Esquire.
Jones et al. Leave for a Bill.
After reading and considering the Report of the Judges, to whom was referred the Petition of William Jones Esquire and Elizabeth his Wife, and others; 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 granting to William Jones Esquire, on certain Contingencies therein mentioned, a Term for Ninety-nine Years, if he shall so long live, in the Real Estates late of William Jones Esquire deceased, in the several Counties of Wilts and Berks, upon such Terms as are therein mentioned.
Winterslow, &c. Road Bill.
HoDie 2a vice lecta est Billa intituled, An Act to continue and enlarge the Term and Powers of an Act, made in the Twenty-sixth Year of the Reign of King George the Second, for repairing and widening the Roads leading from Lobcombe Corner, in the Parish of Winterslow, to Harnham Bridge, in the County of Wilts; and from the West Corner of Saint Anns Street, in the City of New Sarum, to the. Parishes of Landford and Brook, and from thence so Ealing; and from Landford aforesaid, through Ower and Testwood, to Ealing aforesaid, in the County of Southampton; and for repairing and widening the Road from the Rumsey and Ringwood Turnpike Read, near the House of Francis Fry, to Lindhurst, and from a Place called Hampton Ford, to Lambs Corner, in the said County of Southampton; and for repairing the Footways within the said City.
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 oClock in the Forenoon, in the Princes Lodgings, near the House of Peers;and to Adjourn as they please.
Fincham Enclosure Bill.
A Message was brought from the House of Commons, by Sir Richard Asley and others:
With a Bill, intituled, An Act for dividing, allotting, and enclosing, the Common Fields, Half-Year Enclosures and Commons, and Waste Lands, within the Parish of Fincham, in the County of Norfolk; to which they desire the Concurrence of this House.
Islington Lighting and Watch Bill.
A Message was brought from the House of Commons, by Mr. Oliver and others:
With a Bill, intituled, An Act for lighting such Part of the Town of Islington as lies in the Parish of Saint Mary Islington, in the County of Middlesex, and for establishing a regular Nightly Watch therein; to which they desire the Concurrence of this House.
Pole to take the Name of Oliver, Bill:
HoDie 3a vice letla est Billa, intituled, An Act to enable Reginald Pole Esquire to take, use, and bear, the Surname and Arms of Carew, pursuant to the Will of Sir Coventry Carew Baronet deceased.
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. Browning:
To carry down the said Bill, and desire their Concurrence thereto.
Roudham Enclosure Bill.
HoDie 3a vice lecta est Billa, intituled, An Act for enclosing the Common Fields, Break Lands, Half-Year Lands, Lammas MeAdows, Heaths, Commons, and Waste Grounds, within the Parish of Roudham, in the County of Norfolk.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Marriage to H.C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Marriages of the Royal Family; Judges Opinion deli vered.
The Order of the Day being read for the Judges to deliver their Opinion upon the following Question:
Whether the Care and Approbation of the (fn. 3) Marriages of the Royal Family, other than the Isaac of Princesses married into Foreign Families, does belong to the Kings of this Realm?
Mr. Baron Smythe delivered the unanimous Opinion of the Judges present upon the said Question, in the following Words:
We are all of Opinion, that the Care and Approbation of the Marriages of the Kings Children and Grand Children, and of the presumptive Heir to the Crown, (other than the Issue of Princesses married into Foreign Families), do belong to the Kings of this Realm; but to what other Branches of the Royal Family such Care and Approbation extend, we do not find precisely determined.
For regulating the future Marriages ot the Royal Family, Bill.
Then the Order of the Day being read for the House to be in a Committee upon the Bill, intituled, An Act for the better regulating the future Marriages of the Royal Family:
The House was Adjourned during Pleasure, and put into a Committee upon the said Bill.
After some Time the House was resumed:
And the Lord Sandys reported from the Committee, That they had made, a Progress in the Bill.
Ordered, That the House be again put into a Committee upon the said Bill on Monday next, and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, secundum diem Martii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.