Journal of the House of Lords Volume 29, 1756-1760. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 29: February 1757, 1-10', in Journal of the House of Lords Volume 29, 1756-1760( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol29/pp33-40 [accessed 23 December 2024].
'House of Lords Journal Volume 29: February 1757, 1-10', in Journal of the House of Lords Volume 29, 1756-1760( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol29/pp33-40.
"House of Lords Journal Volume 29: February 1757, 1-10". Journal of the House of Lords Volume 29, 1756-1760. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol29/pp33-40.
In this section
February 1757, 1-10
DIE Martis, 1o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Roxburgh against Jeffrey & al.
The Answer of Ninian Jeffrey and others, to the Appeal of Robert Duke of Roxburgh, deceased, revived in the Name of the present Duke of Roxburgh, an Infant, by his Guardians and Curators, was brought in.
Ld. Carbery against Weston & al. Answer to Appeal.
As was also, the Answer of Edward Weston Esquire and others, to the Appeal of George Lord Baron of Carbery in the Kingdom of Ireland.
Thanks to the Bp. of Bristol, for his Sermon.
Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westm'r; and he is hereby desired to cause the same to be forthwith printed and published.
Governors of the Charterhouse, Pet. referred to Judges.
Upon reading the Petition of the Governors of the Lands, Possessions, Revenues, and Goods, of the Hospital of King James, founded in Charterhouse within the County of Middlesex at the humble Petition and only Costs and Charges of Thomas Sutton Esquire; praying Leave to bring in a Bill, for Sale of the Manor of Blacktoft, with the Appurtenances, in the County of York; and for laying out the Money arising thereby in the Purchase of another Estate, to be conveyed to the Petitioners, for the Benefit of the said Hospital:
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 Legge; 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.
Buckworth against Phelan.
Upon reading the Petition and Appeal of John Buckworth Esquire; complaining of several Proceedings of the Court of Exchequer in Ireland, as also of several Orders of the same Court, of the 1st of June 1753, 2d of July 1754, and 6th of February 1755, and of Parts of Two Orders of the 4th of February and 16th of July 1756, and likewise of an Order of the 6th of December 1756, and praying, "That the same may be reversed, varied, or set aside; and that the Appellant may have such further and other Relief in the Premises as the Nature and Circumstances of the Case shall require; and that Barnaby Phelan may be required to answer the said Appeal:"
It is Ordered, That the said Barnaby Phelan may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 8th Day of March next; and Service of this Order upon his Clerk in Court or Attorney shall be deemed good Service.
Blackwood against Allan.
The House being moved, "That Wednesday the 2d Day of March next may be appointed, for hearing the Cause wherein Robert Blackwood of Pittrevie is Appellant, and Henry Allan Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 2d Day of March next, as desired.
Duties on Importation of Corn, &c. to discontinue, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to discontinue, for a limited Time, the Duties upon Corn and Flour imported, and also upon such Corn, Grain, Meal, Bread, Biscuit, and Flour, as have been, or shall be, taken from the Enemy, and brought into this Kingdom."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Palmer, to enter into a Recognizance for Croker.
The House being moved, "That John Palmer Gentleman may be permitted to enter into a Recognizance for Edward Croker and Henry Croker Esquires, on account of their Appeal depending in this House; they residing in Ireland:"
It is Ordered, That the said John Palmer may enter into a Recognizance for the said Appellants, as desired.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Corn, &c. imported, Duties to discontinue, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to discontinue, for a limited Time, the Duties upon Corn and Flour imported, and also upon such Corn, Grain, Meal, Bread, Biscuit, and Flour, as have been, or shall be, taken from the Enemy, and brought into this Kingdom."
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. Montague and Mr. Harris:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Frome and other Roads, Bill.
A Message was brought from the House of Commons, by Mr. Prowse and others:
With a Bill, intituled, "An Act for repairing and widening several Roads, leading to, through, and from, the Town of Frome, in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of Warminster in the County of Wilts, to the City of Bath in the County of Somerset, and other Roads therein mentioned;" to which they desire the Concurrence of this House.
Tenbury Roads, Bill.
A Message was brought from the House of Commons, by Mr. Herbert and others:
With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, several Roads in and near to the Town of Tenbury, in the Counties of Salop, Worcester, and Hereford;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 3o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Frome and other Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads, leading to, through, and from, the Town of Frome, in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of Warminster in the County of Wilts, to the City of Bath in the County of Somerset, and other Roads therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Barton Stacy, Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Award, for dividing and enclosing the Common Fields, Common Downs, Meadows, and Pastures, within the Manor of Barton Stacy, in the Parish of Barton Stacy, in the County of Southampton."
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 Thursday the 10th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.
Bicester Common Fields, to enclose, Bill.
A Message was brought from the House of Commons, by the Lord Parker and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Township of Burchester, otherwise Burcester, otherwise Bisseter Market End, in the County of Oxford; and for extinguishing all Right of Common in certain Common Meadows, Common Pastures, and Enclosed Grounds, in the said Township;" to which they desire the Concurrence of this House.
The said Bill ws read the First Time.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 4o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Starkey against Chisim:
Upon reading the Petition of William Chisim, Defendant in a Writ of Error depending in this House, wherein James Starkey is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"
Writ of Error Non pros'd.
It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.
Townshend against Southhouse:
Upon reading the Petition of Samuel Southouse, Defendant in a Writ of Error depending in this House, wherein Thomas Townshend is Plaintiff; praying, "In regard the Plaintiff hath not assigned Errors within the Time limited by the Standing Order of this House for that Purpose; that the same may be Non pros'd, with such Costs as to their Lordships shall seem meet:"
Writ of Error Non pros'd.
It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.
Abbiss against Mounteney; Writ of Error.
The Lord Mansfield, Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, a Writ of Error, wherein James Abbiss alias Abbyss is Plaintiff, and Elizabeth Mounteney is Defendant.
Townshend, to enter into a Recognizance for Buckworth.
The House being moved, "That Samuel Townshend of The Middle Temple Esquire may be permitted to enter into a Recognizance for John Buckworth Esquire, on account of his Appeal depending in this House; he being very infirm:"
It is Ordered, That the said Samuel Townshend may enter into a Recognizance for the said Appellant, as desired.
Law & al. against Brebner.
After hearing Counsel in Part, in the Cause wherein John Law of Lawrieston and others are Appellants, and Bethia Brebner and others are Respondents:
It is Ordered, That the further Hearing of this Cause be adjourned till Monday next; and that the Cause which stands for that Day be put off till Wednesday; and the other Causes removed in Course.
Recruiting the Army, Bill.
A Message was brought from the House of Commons, by Mr. Charles Townshend and others:
With a Bill, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines;" to which they desire the Concurrence of this House.
Tenbury Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads, in and near to the Town of Tenbury, in the Counties of Salop, Worcester, and Hereford."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 7o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Law & al. against Brebner:
After hearing Counsel, as well on Friday last as this Day, upon the Petition and Appeal of John Law of Lawrieston, and George Chalmers Clerk to the Signet and William Seller Writer in Edinburgh his Factors; complaining of an Interlocutor of the Lords of Session in Scotland, of the 13th of February 1756; and of an Interlocutor of the 11th of March 1756, adhering thereto; and likewise of another Interlocutor of the said 11th Day of March 1756, made on the Behalf of Lilias Brebner, Law Brebner, Bethia Brebner, David Goodsir, and James Grundiston; and praying, "That the said Interlocutors might be reversed; and that this House would give the Appellants such Relief in the Premises as to their Lordships should seem meet:" As also upon the Answer of the said Lilias Brebner, Law Brebner, and Bethia Brebner, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor affirmed, with a Variation.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the 13th of February 1756 be affirmed, with this Variation; videlicet, After the Words ["repell the Objections proponed against"], to insert the Words ["Proceeding in"]; and that the said Interlocutor of the 11th of March 1756, adhering thereto, be also affirmed, with the like Variation; and that the other Interlocutor of the said 11th of March, complained of in the said Appeal, be, and the same is hereby, affirmed.
Petition of Sir W. Meredith, for leave to proceed against E. Ferrers, to enforce Obedience to a Writ of Habeas Corpus:
A Petition of Sir William Meredith Baronet, was presented, and read; setting forth, "That the Right Honourable Lawrence Earl Ferrers, about Three Years ago, intermarried with the Petitioner's Sister; and, since his said Marriage, hath treated her with great Rigour and Barbarity, having forbidden her Sisters to see or correspond with her, and denied all her Friends and Acquaintance Access to her, and frequently threatened to put her to Death; that the said Lady Ferrers, in order to save her Life, came from the said Earl's House, with an Intent (as the Petitioner believes) to apply to a Court of Justice for her future Security and Relief; but was forced back by the said Earl to his House, where she still continues;" and further setting forth, "That the Petitioner, sensible of the extreme Misery to which the said Lady Ferrers is reduced, and the imminent Danger to which her Life is hourly exposed, applied to and obtained from Mr. Justice Foster a Writ of Habeas Corpus, which the said Earl did not obey; and that, on Application to the Court of King's Bench, the Petitioner obtained a Second Writ of Habeas Corpus, to which the said Earl likewise paid no Obedience; and that, the said Earl having threatened the Life of the Petitioner, and that he would murder any Person that should endeavour to procure any Redress for the said Lady Ferrers, the Petitioner conceives, the only probable Means of preserving her is by having Obedience enforced to the said Writ, by attaching his Person; which the sacred Regard due to the Privileges of their Lordships has prevented the Petitioner from proceeding in without the Leave of this House;" and therefore praying, "That their Lordships would be pleased to give Leave for the Petitioner immediately to proceed to enforce Obedience to the said Writ of Habeas Corpus."
And due Consideration being had thereof:
No Privilege against a Writ of Habeas Corpus.
It is Ordered and Declared, That no Peer, or Lord of Parliament, hath Privilege against being compelled, by Process of the Courts in Westm'r Hall, to pay Obedience to a Writ of Habeas Corpus directed to him.
Frome and other Roads, Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for repairing and widening several Roads, leading to, through, and from, the Town of Frome, in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of War minster in the County of Wilts, to the City of Bath in the County of Somerset, and other Roads therein mentioned," stands committed, be revived; and meet To-morrow.
Bicester Common Fields, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Field, Common Meadows, Common Pastures, Common Grounds, and Commonable Lands, in the Township of Burchester, otherwise Burcester, otherwise Bisseter Market End, in the County of Oxford; and for extinguishing all Right of Common in certain Common Meadows, Common Pastures, and Enclosed Grounds, in the said Township."
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 the 14th Day of this Instant February, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Recruiting the Army, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 8o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Wigorn. Epus. Exon. Epus. Carliol. Epus. Petriburg. Epus. (fn. 1) Litch. & Cov. Epus. Asaphen. Epus. Cicestrien. Epus. Bangor. |
Dux Newcastle. Comes Warwick. Comes Sandwich. Comes Shaftesbury. Comes Litchfield. Comes Coventry. Comes Morton. Comes Breadalbane. Comes Aberdeen. Comes Marchmont. Comes Pomfret. Comes Portsmouth. Comes Hertford. Comes Fauconberg. Viscount Folkestone. |
Ds. Willoughby Par. Ds. Cathcart. Ds. Bathurst. Ds. Onslow. Ds. Sandys. |
PRAYERS.
Marquis of Tweedale & al. against Anstruther.
The Answer of Philip Anstruther of Inverkeithing, to the Appeal of John Marquis of Tweeddale and His Majesty's Advocate for Scotland, on Behalf of His Majesty, was brought in.
To prohibit the Exportation of Corn, &c from the Colonies in America, except to Great Britain, Bill.
A Message was brought from the House of Commons, by Mr. Oswald and others:
With a Bill, intituled, "An Act to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, Bacon, and other Victual (except Fish, and Roots, and Rice, to be exported to any Part of Europe Southward of Cape Finisterre) from His Majesty's Colonies and Plantations in America, unless to Great Britain or Ireland, or to some of the said Colonies and Plantations; and to permit the Importation of Corn and Flour into Great Britain and Ireland in Neutral Ships; and to allow the Exportation of Wheat, Barley, Oats, Meal, and Flour, from Great Britain to the Isle of Man, for the Use of the Inhabitants there;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Frome and other Roads, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening several Roads, leading to, through, and from, the Town of Frome, in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of Warminster [ (fn. 2) in the County of Wilts, to the City of Bath] in the County of Somerset, and other Roads therein mentioned," 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."
Recruiting the Army, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Marquis of Tweedale & al. against Anstruther.
The House being moved, "That Friday the 25th Instant may be appointed, for hearing the Cause wherein John Marquis of Tweeddale and His Majesty's Advocate for Scotland are Appellants, and Philip Anstruther of Inverkeithing is Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 25th Instant, as desired.
Mutiny Bill.
A Message was brought from the House of Commons, by Mr. Thomas Gore and others:
With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House
The said Bill was read the First Time.
Plunket against Knox.
The Answer of John Knox Esquire Son and Heir of Arthur Knox Esquire, deceased, William Knox and Roger Palmer Esquires, the only surviving Executors of the said Arthur Knox, to the Appeal of James Plunket Esquire, was brought in.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Februarii, hora undecima Auroræ, Do- [...]
DIE Mercurii, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
To prohibit the Exportation of Corn, &c. from America, except to Great Britain, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, Bacon, and other Victual (except Fish and Roots, and Rice, to be exported to any Part of (fn. 3) Europe Southward of Cape Finisterre) from His Majesty's Colonies and Plantations in America, unless to Great Britain or Ireland, or to some of the said Colonies and Plantations; and to permit the Importation of Corn and Flour into Great Britain and Ireland in Neutral Ships; and to allow the Exportation of Wheat, Barley, Oats, Meal, and Flour, from Great Britain to the Isle of Man, for the Use of the Inhabitants there."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Recruiting the Army, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Frome and other Roads, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening several Roads, leading to, through, and from, the Town of Frome in the County of Somerset; and for giving further Powers to the Trustees in an Act passed in the Twenty-fifth Year of His present Majesty's Reign, for repairing the Roads from the Town of Warminster in the County of Wilts, to the City of Bath in the County of Somerset, and other Roads therein mentioned."
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. Montague and Mr. Lane:
To acquaint them that the Lords have agreed to the said Bill, without any Amendment.
Moneypenny & al. against Ayton & al.
The House being moved, "That Wednesday the 23d Day of March next may be appointed, for hearing the Cause wherein Mary Monypenny and others are Appellants, and John Ayton and others Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 23d Day of March next, as desired.
E. Crawfurd & al. against Glasfurd & al.
The House being moved, "That Friday the 25th Day of March next may be appointed, for hearing the Cause wherein George Earl of Crawfurd and others are Appellants, and James Glasfurd and others Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 25th Day of March next, as desired.
Mathew against Fitz Simon & al.
After hearing Counsel in Part, in the Cause wherein Richard Mathew is Appellant, and Christopher Fitz Simon Merchant and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.
Lottery Bill.
A Message was brought from the House of Commons, by Mr. Charlton and others:
With a Bill, intituled, "An Act for granting to His Majesty a Sum, not exceeding One Million Fifty Thousand and Five Pounds and Five Shillings, to be raised by Way of Lottery;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 10o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Recruiting the Army, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the speedy and effectual Recruiting of His Majesty's Land Forces and Marines."
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. Edwards and Mr. Harris:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Burton Stacy Common Fields, to enclose, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Award, for dividing and enclosing the Common Fields, Common Downs, Meadows, and Pastures, within the Manor of Barton Stacy, in the Parish of Barton Stacy, in the County of Southampton," 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."
Tenbury Road, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, several Roads in and near to the Town of Tenbury, in the Counties of Salop, Worcester, and Hereford," 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."
Lottery Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a Sum, not exceeding One Million Fifty Thousand and Five Pounds and Five Shillings, to be raised by Way of Lottery:"
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, on Saturday next.
Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on 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 Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
To prohibit the Exportation of Corn from America, except to Great Britain, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, Bread, Biscuit, Starch, Beef, Pork, Bacon, and other Victual (except Fish and Roots, and Rice, to be exported to any Part of Europe, Southward of Cape Finisterre) from His Majesty's Colonies and Plantations in America, unless to Great Britain or Ireland, or to some of the said Colonies and Plantations; and to permit the Importation of Corn and Flour into Great Britain and Ireland, in Neutral Ships; and to allow the Exportation of Wheat, Barley, Oats, Meal, and Flour, from Great Britain to the Isle of Man, for the Use of the Inhabitants there."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Countess of Kildare & al. against Burton & al.
A Petition of the Countess of Kildare and others, Appellants in a Cause depending in this House, wherein Robert Burton Esquire and others are Respondents, was presented, and read; setting forth, "That the Cause upon the Petitioners Appeal, and the Appeal of the Earl of Shannon and others, stands appointed for hearing on Wednesday next; and that the End of both the said Appeals is, to bring in Review before their Lordships the Merits of Two Decrees made in Ireland upon Five Points in the Master's Report in this Cause, and upon no less than Twenty Exceptions taken to these Points and other Matters in the said Report, the Determination of which, from the uncommon Length and Intricacy of the Case, took up Sixteen Days Hearing in Ireland;" and therefore praying, "In regard the Petitioners are desirous to reduce and contract the several Points necessary for their Lordships Determination, that their Lordships would be pleased to put off the (fn. 4) said Hearing upon the said Appeals till Monday the 21st Instant."
And thereupon the Agents on all Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the Hearing of the said Cause be put off till Monday the 21st Instant, as desired; and that the other Causes be removed in Course.
Mathew against Fitz Simon.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Richard Mathew Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 2d Day of August 1755, and of a Decretal Order of the said Court, of the 26th of February 1756; and praying, "That the same might be reversed; and that the Appellant might have such Relief in the Premises as to this House should seem meet:" As also upon the Answer of Christopher Fitz Simon Merchant, and the joint and several Answer of James Walsh, William Walsh, Theobald Walsh, Joan Field, Thomas Lee and Ann his Wife, John Andrews, Margaret Andrews, and Bridget Andrews, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That that Part of the said Decree of the said Court of Chancery in Ireland of the 2d of August 1755, complained of in the said Appeal, which directs that the Respondent Christopher Fitz Simon shall have such Costs as he is thereby directed to pay to the Defendants the next of Kin of James Walsh over, against the Appellant, be reversed; and that the said Decree in all other respects be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That the said Decretal Order of the said Court, of the 6th of February 1756, complained of also in the said Appeal, be, and the same is hereby, affirmed.
Respondent peremptorily to answer Marquis Tweeddale's Appeal.
The House was informed, "That John Dundass, Respondent to the Appeal of John Marquis of Tweeddale and His Majesty's Advocate for Scotland, 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 John Davidson Writer to the Signet, 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.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.