Journal of the House of Lords Volume 39, 1790-1793. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 39: February 1791 21-30', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol39/pp51-60 [accessed 23 December 2024].
'House of Lords Journal Volume 39: February 1791 21-30', in Journal of the House of Lords Volume 39, 1790-1793( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol39/pp51-60.
"House of Lords Journal Volume 39: February 1791 21-30". Journal of the House of Lords Volume 39, 1790-1793. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol39/pp51-60.
In this section
February 1791 21-30
DIE Lunæ, 21o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths.
The Lords following took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:
George Henry Earl of Stamford.
Archibald Earl of Eglintoune.
Hugh Earl Fortescue.
Edward Lord Bishop of Oxford.
Christopher Lord Bishop of Bristol.
Brownlow Lord Brownlow.
Edward Lord Eliot.
Charles Lord Sommers.
Rutherford against Jerdon, et. al.
After hearing Counsel in Part, in the Cause wherein Mrs. Helen Rutherford is Appellant, and Archibald Jerdon (formerly Jerdon Caverhill), and others, are Respondents:
It is Ordered, That the further Hearing of the said Cause be put off to Wednesday next; and that the Counsel be called in at One o'Clock.
Aylett against Fleetwood:
Upon reading the Petition of Gerard Dutton Fleetwood Esquire, Defendant in a Writ of Error depending in this House, wherein Edward Aylett is Plaintiff, setting forth, "That the Plaintiff has not assigned Errors within the Time limited by Their Lordships' standing Order;" and therefore praying, "That the said Writ of Error may be non-pros'd, with such Costs as to Their Lordships shall seem meet:"
Writ of Error nonpros'd with Costs.
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 forty Pounds for his Costs, by Reason of the Delay of the Execution of the said Judgement.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Walford's Divorce Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Walford the Younger, with Sophia Elizabeth Jeanes, his now Wife, and to enable him to marry again; and for other Purposes therein mentioned:"
Ordered, That the said Bill be read a second Time To-morrow, and the Lords summoned, and that the several Witnesses who were ordered to attend this Day do then attend.
Clowes's Petition referred to Judges.
Upon reading the Petition of Samuel Clowes the Younger, Esquire, for and on the Behalf of himself, and Samuel Clowes, John Clowes, William Leigh Clowes, Mary Clowes, Martha Clowes and Frances Clowes, his Children by Martha his late Wife, and who are all Infants; praying, Leave to bring in a Bill for the Purposes in the said 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 Thomson, 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.
Webb's Bill.
Ordered, That the Committee, to whom the Bill, intituled, "An Act to empower Nathaniel Webb Esquire, and others, to grant Building and Repairing Leases of certain Estates in the Parish of Saint-Giles-in-the-Fields, in the County of Middlesex," stands committed, be revived, and meet on Tuesday next.
Tilliard against Curtis, et al.
Upon reading the Petition of William Curtis, Ebenezer Maitland, and John Newman Coussmaker, Assignees, &c. of Thomas Gibson, and Joseph Johnson Bankrupts, Defendants in a Writ of Error depending in this House, wherein John Tilliard is Plaintiff:
Swann against Stirling, et al:
And also, upon reading the Petition of Andrew Stirling and others, Defendants in a Writ of Error depending in this House, wherein Samuel Swann is Plaintiff, setting forth, "That the Plaintiffs in the said Writs of Errors, have not assigned Errors within the Time limited by Their Lordships' Standing Order;" and therefore praying, "That the said Writs of Error may be non-pros'd with such Costs as to Their Lordships in their great Wisdom shall seem meet:"
Writs of Error, nonpros'd with Costs.
It is Ordered, That the Petitioners do forthwith enter a Non-pros on the said Writs of Error as desired, and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid to the Defendants in Error, the Sum of Forty Pounds for their Costs, by reason of the Delay of the Execution of the said Judgements.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad. et in diem Mercurii, vicesimum tertium diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lord Bulkeley takes the Oaths.
This Day Thomas James Lord Bulkeley took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Rutherford against Jerdon, et al:
After hearing Counsel for the Appellant as well on Monday last as this Day, upon the Petition and Appeal of Mrs. Helen Rutherford, the Widow of William Scott, late Merchant in Newcastle, complaining of two Interlocutors of the Lords of Session in Scotland, of the 19th of December 1788, and 17th of November 1789; and praying, "That the same might be reversed, altered, or amended, or that the Appellant might have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, should seem meet;" as also upon the Answer of Archibald Jerdon of Bonjedward, (formerly Jerdon Caverhill,) Jean Jerdon, (formerly Caverhill,) his Sister and their Guardians, and Thomas Caverhill, put in to the said Appeal, and Counsel appearing for the Respondents in the said Appeal:
The Counsel were directed to withdraw.
Interlocutors affirmed.
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 Interlocutors therein complained of be and the same are hereby affirmed.
Walford's Divorce Bill.
Ordered, That Lydia Williams do attend this House in Order to her being examined as a Witness, upon the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Walford the Younger, with Sophia Elizabeth Jeanes his now Wife, and to enable him to marry again, and for other Purposes therein mentioned."
Martinius and La Fontaine's Naturalization Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill intituled, "An Act for naturalizing Nicholas Albert Martinius, and James La Fontaine," was committed: "That they had confidered 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."
Krhon's Naturalization Bill.
The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Jacob Krhon," was committed.
Foreman's Naturalization Bill.
The Lord Cathcart also made the like Report from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Luke Foreman Esquire," was committed.
Lindsay et al. Appeal presented, and ordered to lie on the Table.
An Appeal of Mr. John Lindsay Writer in Lochmaben, John Lockerby Blacksmith there, Peter Forrest Joiner, and James Thorburn Mason in Buckrigg, in the County of Dumfries, was presented and read, complaining of an Interlocutor of the Lords Commissioners of Justiciary in Scotland, of the 31st of January 1791; and praying, "That the same may be reversed, varied, or amended, or that the Appellants may have such Relief in the Premises as to this House, in Their Lordships' great Wisdom, shall seem meet."
Ordered, that the said Appeal do lie on the Table.
Walford's Divorce Bill.
The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of John Walford the Younger, with Sophia Elizabeth Jeanes his now Wife, and to enable him to marry again, and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned:
Counsel were accordingly called in.
And Mr. Park appearing as Counsel for the Bill, and no Counsel appearing on behalf of Mrs. Walford, Mr. Park was heard to state the Allegations of the Bill:
Then Mr. John Stone was called in, and being sworn, acquainted the House, "That he knew Mrs. Walford at the Time she cohabited with her Husband; that on the 9th of this Instant February, he served her with a Copy of the Bill, and the Order made by the House for the Second Reading thereof."
He was directed to withdraw.
Then Mr. John Hurford Stone was called in, and being sworn, acquainted the House, "That he knew Mr. and Mrs. Walford before they were married, and that he was present at their Marriage at Saint Bride's Fleet Street, in the Month of November 1785."
He was directed to withdraw.
Then Mr. James Poole was called in, and being sworn, produced a Copy of an Entry in the Registry of St. Bride's Fleet Street, which he acquainted the House, He had examined with the Original, and that the same was a true Copy;" the same was read, and is as follows:
"No. John Walford of this Parish, Batchelor, and Sophia Eliz. Jeanes, of the Parish of Saint Michael Queenhithe Spinster, and a Minor, were married in this Church by Licence, this 29th Day of November, in the Year One thousand seven hundred and eighty-one.
"By me George Applebee, Curate."
"This Marriage was solemnized between us, | John Walford. |
Sophia Elizabeth Jeanes. | |
"In the Presence of | "John Hurford Stone. |
Margaret Jeanes." |
"Saint Bride's Fleet Street; Register Book for Marriages, examined 19th February 1791."
He was directed to withdraw.
Then Mr. William Stone was called in, and being sworn, acquainted the House, "That he knows Mr. and Mrs. Walford, and also Mr. Valentine Cooke." Being asked, "If he had any Conversation with Mrs. Walford and Mr. Cooke, after she had eloped from her Husband?" he said, "That in Consequence of a Request made to him by Mr. Walford, he obtained an Interview with Mr. Cooke and Mrs. Walford the Day after a certain Masquerade in the Month of February 1789, and that he saw them in a Coach in Fleet Street, in consequence of a Request from him to Mr. Cooke." Being asked, "What passed in the Presence of Mrs. Walford and Mr. Cooke?" he said, That immediately upon his getting into the Coach, Mrs. Walford, at the Request of Mr. Cooke, informed him, that an Intimacy had subsisted between them for three or four Years past, and that a Child which she had was really Mr. Cooke's and not Mr. Walford's; that they had frequently contemplated going off together, but that Mr. Cooke's Engagements in Business, and the Difficulty of taking the Child with her had hitherto prevented them." Being asked, What he went to see them for, and whether he had any Expectation of the Sort of Conversation above mentioned?" he said, "He went at Mr. Walford's Request, as well as from his own Friendship to the Family, with a view of getting Mrs. Walford to return to her Husband; that he had in the Morning after the Masquerade left a Card at Mr. Cooke's Lodgings desiring to see him, in consequence of which Mr. Cooke came to him in the Evening, and told him Mrs. Walford was waiting in a Coach in Fleet Street, and expressed his Wish that the Witness should accompany him to the Coach, which he accordingly did; that upon hearing the above Declaration from Mrs. Walford, he the Witness represented in the strongest Manner the Infamy of her Situation, and recommended it very earnestly to her to leave it and return with him; upon which Mr. Cooke observed that he thought it incumbent upon him as he had been the Means of seducing her to take Care of her, and if it was her Choice he would do it; that he the Witness, as a still further Inducement to leave him, proposed to take her and her Child to Bath, where his, the Witness's Wife then was, saying, that as the World knew nothing of the Circumstances that had occurred it might all pass over, and nothing more might come of it; that with great Difficulty he prevailed upon her to go with him that Evening to his the Witness's House in Town; that Mr. Cooke consented she should go upon Condition that there was no Interview with Mrs. Walford and her Husband; that she continued with the Witness from the Tuesday Evening till the Thursday following; that on the Wednesday the Witness received a Note from Mr. Cooke, requesting to meet him at Saint Paul's Coffee House; that he accordingly met him there, and then urged him by every Motive to give Mrs. Walford up; that if he Mr. Cooke refused to take her to his House she must remain with her Friends; and that he prevailed upon him to write a Note to Mrs. Walford, in some Measure recommending that she should so do; that he delivered the said Note to Mrs. Walford, who upon reading it told the Witness she and Mr. Cooke had previously agreed they would pay no Attention to Messages or Letters that might pass; that if Mr. Cooke himself would come to her and say what he had there wrote, she should know how to answer it; that in the Hope that Mr. Cooke would remain in the same Mind, he the Witness went and accom panied him to the Witness's House, and at Mr. Cooke's Request left him and Mrs. Walford together for a few Minutes, having previously received a Promise from Mr. Cooke, that he would make use of the same Arguments to prevail on Mrs. Walford to stay with her Friends as he had written in the Note to her." Being asked, "What passed upon his the Witness's returning into the Room to them?" he said, "They both informed him they had made up their Minds and would live together, be the Consequence what it might; that Mrs. Walford remained in the Witness's House that Evening; that the next Morning he wrote a Letter and sent it to Mr. Cooke, urging him to alter the Resolution he had made the preceding Evening, and that he might hear no more of him, instead of which the Witness received a Letter from him saying, if he the Witness would allow Mrs. Walford to come to him, he pledged his Honour she should return to the Witness in the Evening; that they did return in the Evening, but not to the Witness's House, for he received a Message acquainting him, that Mrs. Walford was waiting in a Coach in Bridge Street to speak to him; that he went to her and continued in Conversation with her upwards of half an Hour, endeavouring to prevail on her to return with the Witness, but it was of no avail; that they told him Mr. Cooke had promised to take Care of her, and that she would go to his House for her Cloaths, but on no Account to stay; that accordingly she went with the Witness, and while she was packing up her Cloaths, Mr. Cooke wished to know of the Witness whether, if in the Course of a Fortnight he could prevail upon her to return, the Witness would receive her; that the Witness said, he thought it rather an extraordinary Request to make, and such as a Man of Honour would not make; that nevertheless the Friendship between him the Witness and the Family, would induce him to receive her back in whatever Situation she might be; that he should have mentioned before, that immediately upon Mrs. Walford coming to him, he sent to her own House at Stratford to her Aunt who was there, to bring the Child, in hopes that would be an Inducement for her to stay with the Witness; that they left the Witness's House; and that he has had no Intercourse with either of them since." Being asked, If he had any Authority from Mr. Walford to make Mrs. Walford the Proposals he had mentioned?" he said, "He gave him Authority to make use of any Reasons he might think proper." Being asked, If it was after the Conversation that the Witness had in the Coach with Mrs. Walford, that Mr. Walford authorized him to take her back again?" he said, No; that he had said nothing to Mr. Walford of it till three or four Days after, not till after Mrs. Walford was quite gone." Being asked, "If he had any Authority from Mr. Walford afterwards to receive her back again?" he said, "No." Being asked, "If in Conversation with Mr. Cooke or Mrs. Walford, at any Time he understood them to have engaged for future Matrimony?" he said, "He never heard any Thing of the Kind."
He was directed to withdraw.
Then Mrs. Margaretta Sumfield was called in, and being sworn, acquainted the House, "That she was Sister to Mrs. Walford, and had known Mr. Cooke about a Year and an Half: That they at present live in the same House at Clerkenwell near the Spa Fields." Being asked, "If they lived together as Man and Wife?" she said, "She believed they did; that she had no Knowledge of their sleeping in the same Bed, but believed they slept in the same Room: That Mrs. Walford had a Child about a Twelve month ago; that she continues to visit her, and that Mr. Cooke considers that Child as his own: That they both go by the Name of Cooke." Being asked, "If they ever passed by the Name of Clarke?" she said, "Mrs. Walford informed her, she had passed by the Name of Clarke, when they lived in Chelsea, near the King's Road."
She was directed to withdraw.
Then Lydia Williams was called in, and being sworn, acquainted the House, "That she lived Servant with a Mr. and Mrs. Clarke, for about four Months; that it is two Years the 8th of next Month, since she first went to them, and that during the said four Months, Mr. and Mrs. Clarke slept in the same Bed; that the Witness has never seen them since."
She was directed to withdraw.
Then Mr. James Poole being again called in, produced an Office Copy of a Record of the Court of King's Bench, of a Judgment given in that Court in Trinity Term, 29th of His present Majesty, in an Action by John Walford against Valentine Cooke Esquire, for criminal Conversation with Sophia Elizabeth Jeanes, Wife of the said John Walford, for £3,500 Damages, besides Costs of Suit: the same was read.
He was directed to withdraw.
Then Mr. Mark Holman was called in, and being sworn, produced an original Sentence of Divorce in the Consistory Court of the Bishop of London against Sophia Elizabeth Jeanes for Adultery, committed by her with Valentine Cooke Esquire, dated the 9th July 1790: the same was read.
He was directed to withdraw.
The Counsel were directed to withdraw.
Then the said Bill was read a Second Time.
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.
Indemnity Bill.
A Message was brought from the House of Commons, by Sir James Erskine and others:
With a Bill, intituled, "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications, within the Time limited by Law, and for giving further time for those Purposes; and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped; to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors; and for indemnifying Deputy Lieutenants and Officers of the Militia, who have neglected to transmit Descriptions of their Qualifications to the Clerks of the Peace, within the Time limited by Law, and for giving further Time for that Purpose;" to which they desire the Concurrence of this House.
Biggleswade Road Bill.
A Message was brought from the House of Commons, by the Lord Hinchinbroke and others:
With a Bill intituled, "An Act for enlarging the Term and Powers of two Acts of the Tenth Year of His present Majesty, and the last Session of Parliament, for repairing the Road from Biggleswade in the County of Bedford through Bugden and Alconbury to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common in the County of Huntingdon, and also the Road leading out of the aforesaid Road, at or near the Ferry House in the Parish of Tempsford, to and through Littlé Barford Eynesbury and Saint Neot's, to the Turnpike Road at the End of Cross Hall Lane, and from the Turnpike Road in the Parish of Eaton Soken, to the said Turnpike Road near Saint Neot's Bridge;" to which they desire the Concurrence of this House.
Glasgow Road Bill.
A Message was brought from the House of Commons, by the Lord Hinchinbroke and others:
With a Bill, intituled, "An Act for amending an Act made in the Twenty-ninth Year of the Reign of His present Majesty, for making and repairing the Road from the City of Glasgow in the County of Lanark, to Muirkirk in the County of Ayr, and from thence to the Confines of the said County of Ayr, towards Sanquhar in the County of Dumfries, and other Roads communicating therewith, and for the more effectually repairing the said Roads, and the Road from the Village of Gorbals, and new Bridge of Glasgow, to the Chapel of Cambuslang in the said County of Lanark, and Branches thereof, and for making and repairing the Road from the said Chapel of Cambuslang, till it joins the High Road leading from Hamilton by Burnbank towards Egglesham in the County of Rensrew;" to which they desire the Concurrence of this House.
Wellsbourn Mountfort Road Bill.
A Message was brought from the House of Commons, by the Lord Hinchinbroke and others:
With a Bill, intituled, "An Act to enlarge the Term of an Act passed in the Tenth Year of the Reign of His present Majesty, for amending the Road from Wellsbourn Mountfort to Stratford-upon-Avon, in the County of Warwick;" to which they desire the Concurrence of this House.
Election of Peers for Scotland, Evidence given before Committee, to be printed.
Ordered, That the Evidence given before the Committee of Privileges, to whom the Petitions of Dunbar Earl of Selkirk, and James Earl of Hopetoun, and also the Petitions of several other Peers relative to the return of the Peers chosen for Scotland are referred, be printed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentium continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Jovis, 24o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Brand's Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Trustees to cut down and sell Timber upon the Estates devised by the Will of Thomas Brand Esquire, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will, and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee, and that the Committee had gone through the Bill, and made some Amendments thereto:"
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Martinius and La Fontaine's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Albert Martinius and James La Fontaine."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Foreman's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Luke Foreman Esquire."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills
And Messages were, severally, sent to the House of Commons, by Mr. Eames and Mr. Spranger:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Krhon's Naturalization Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Jacob Krhon."
Then the following Amendment was proposed to be made to the said Bill.
In the Title of the Bill,
"L. 3. Leave out ("Krhon") and insert ("Krohn")"
The same was agreed to, and ordered accordingly.
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill, and acquaint them, That the Lords have agreed to the same with one Amendment, to which Their Lordships desire their Concurrence.
Earl Warwick et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Right Honourable George Earl Brooke of Warwick Castle and Earl of Warwick, 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 establishing and confirming an Agreement made between William Parkes and Thomas Read, and Mary his Wife, and the Right Honourable George Earl Brooke of Warwick Castle and Earl of Warwick, for the Exchange of certain Lands in the County of Warwick, and in the Borough of Warwick, in the said County."
Dean and Chapter of Canterbury, and Clutton, Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Dean and Chapter of Canterbury under their Common Seal, and of Thomas Clutton of Walworth, in the County of Surrey; 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 enabling the Dean and Chapter of Canterbury and Thomas Clutton to grant building Leases pursuant to an Agreement entered into for that Purpose."
Indemnity Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to indemnisy such Persons as have omitted to Qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes, and to indemnisy Mem bers and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors; and for indemnifying Deputy Lieutenants and Officers of the Militia, who have neglected to transmit Descriptions of their Qualifications to the Clerks of the Peace within the Time limited by Law, and for giving further Time for that Purpose."
Biggleswade Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of two Acts of the Tenth Year of His present Majesty and the last Session of Parliament, for repairing the Road from Biggleswade in the County of Bedford, through Bugden and Alconbury to the Top of Alconbury Hill, and from Bugden to Huntingdon, and from Cross Hall to Great Stoughton Common, in the County of Huntingdon, and also the Road leading out of the aforesaid Road at or near the Ferry House in the Parish of Tempsford, to and through Little Barford, Eynesbury, and Saint Neot's, to the Turnpike Road at the End of Cross Hall Lane, and from the Turnpike Road in the Parish of Eaton Soken, to the said Turnpike Road near Saint Neot's Bridge."
Glasgow Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for for amending an Act made in the Twenty-ninth Year of the Reign of His present Majesty for making and repairing the Road from the City of Glasgow, in the County of Lanark, to Muirkirk, in the County of Ayr, and from thence to the Confines of the said County of Ayr towards Sanquhar, in the County of Dumfries, and other Roads communicating therewith, and for the more effectually repairing the said Roads, and the Road from the Village of Gorbals and new Bridge of Glasgow to the Chapel of Cambuslang, in the said County of Lanark, and Branches thereof, and for making and repairing the Road from the said Chapel of Cambuslang till it joins the High Road leading from Hamilton by Burnbank towards Eaglesham, in the County of Renfrew."
Wellsbourn Mountfort Road Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enlarge the Term of an Act passed in the Tenth Year of the Reign of His present Majesty, for amending the Road from Wellsbourn Mountfort to Stratford-uponAvon, in the County of Warwick."
Peers Pedigrees referred to Committee.
Ordered, That the Pedigrees of Aubrey Duke of Saint Albans, Francis Duke of Bedford, George Grenville Nugent Marquis of Buckingham, William Marquis of Lansdown, George Marquis Townshend, James Marquis of Salisbury, Thomas Marquis of Bath, John James Marquis of Abercorn, Charles Henry Earl of Peterborough, George Earl of Winchelsea, James Earl of Cardigan, George Augusta Lumley Earl of Scarbrough, John Earl Poulett, Robert Earl Ferrers, Heneage Earl of Aylesford, Frederick Earl of Bristol, Charles-Earl Stanhope, Robert Earl of Harborough, George Earl Waldegrave, Charles Earl of Harrington, George Earl of Egreniont, George Simon Earl Harcourt, Henry Thomas Fox Earl of Ilchester, John Richard Earl De la Warr, John Earl of Chatham, Thomas Villiers Earl of Clarendon, Henry Earl of Abergavenny, James Earl of Lonsdale, Edward Earl Beaulieu, Richard Earl Howe, George Earl of Mount Edgcumbe, Hugh Earl Fortescue, Henry Earl of Digby, Algernon Earl of Beverley, George Viscount Hereford, George Richard Viscount Bolingbroke, William Viscount Courtenay, William Viscount Dudley & Ward, Thomas Viscount Hampden, Charles Viscount Sackville, Edward Lord Clifford, George Lord Audley, John Lord Clifton, Charles Sloane Lord Cadogan, Peter Lord King, John Lord Monson, John James Lord Lovell & Holland, Thomas Lord Foley, Henry Frederick Lord Carteret, James Lord Sherborne, William Lord Douglas, Lloyd Lord Kenyon, James Lord Malmesbury, Thomas Lord Le Despencer, William Lord Grantley, John Lord Howard de Walden, Arthur Lord Fisherwick, James Lord Fife, James Bucknall Lord Verulam, Constantine John Lord Mulgrave, Archibald Lord Douglas of Douglas, Edwin Lord Harewood, and William Wyndham Lord Grenville, be referred to the Committee for Privileges.
Walford's 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 John Walford the Younger with Sophia Elizabeth Jeanes, 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 Cathcart 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 Tomorrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Chandos Peerage, Committee deferred.
Ordered, That the Sitting of the Committee for Privileges, to whom is referred the Petition of the Reverend Edward Tymewell Brydges, Clerk, to His Majesty, claiming the Title and Dignity of Baron Chandos, of Sudeley, with His Majesty's Reference thereof to this House, and the Report of His Majesty's Attorney General thereunto annexed, which stands appointed for this Day, be put off to Thursday the 12th Day of May next.
De La Motte against Jardine:
After hearing Counsel this Day upon the Petition and Appeal of Mrs. Magdalene Barbarie De La Motte, Spouse of Captain William Jardine of Applegirth, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 14th and 28th of June 1788, and also of an Interlocutor of the Lords of Session there, of the 29th of November 1788; and praying, "That the same might be reversed, varied, or amended, or that the Appellant might have such other Relief in the Premises as to this House, in Their Lordships' great Wisdom, should seem meet;" As also upon the Answer of Captain William Jardine of Applegirth, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:"
Interlocutor 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 several Interlocutors therein complained of be, and the same are hereby affirmed.
Quebec, Message from His Majesty respecting.
The Lord Grenville acquainted the House, "That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded him to deliver to Their Lordships."
And the same was read by the Lord Chancellor, and is as follows; (videlicet)
"GEORGE R.
"His Majesty thinks it proper to acquaint the House of Lords, that it appears to His Majesty that it would be for the Benefit of His Majesty's Subjects, in His Province of Quebec, that the same should be divided into Two separate Provinces, to be called the Province of Upper Canada, and the Province of Lower Canada, and that it is accordingly His Majesty's Intention so to divide the same, whenever His Majesty shall be enabled by Act of Parliament to establish the necessary Regulations for the Government of the said Provinces; His Majesty therefore recommends this Object to the Consideration of this House.
"His Majesty also recommends it to this House to consider of such Provisions as may be necessary to enable His Majesty to make a permanent Appropriation of Lands in the said Provinces for the Support and Maintenance of a Protestant Clergy within the same, in Proportion to such Lands as have been already granted within the same by His Majesty; and it is His Majesty's Desire that such Provision may be made with respect to all future Grants of Land within the said Provinces respectively as may best conduce to the same Object, in Proportion to such Increase as may happen in the Population and Cultivation of the said Provinces: And for this Purpose His Majesty consents that such Provisions or Regulations may be made by this House respecting all future Grants of Land to be made by His Majesty within the said Provinces as this House shall think fit.
"G. R."
Dean and Chapter of Canterbury's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling the Dean and Chapter of Canterbury and Thomas Clutton to grant Building Leafes, pursuant to an Agreement entered into for that Purpose."
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 March next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
Earl Warwick's Exchange Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for establishing and confirming an Agreement made between William Parkes and Thomas Read and Mary his Wife, and the Right Honourable George Earl Brooke of Warwick Castle, and Earl of Warwick, for the Exchange of certain Lands in the County of Warwick, and in the Borough of Warwick in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Tuesday the 15th Day of March next, at the usual Time and Place, and to adjourn as they please.
Byng's Bill.
The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting the Estates devised by the Will of the Honourable Elizabeth Byng, deceased, in the County of Somerset, in Trustees to be sold, and for investing the Money arising by the Sale thereof, in the Purchase of other Estates to be settled to the like Uses, to which the Estates so to be sold are subject," 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."
Ordered, That the said Bill be engrossed.
Indemnity Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes, and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors; and for indemnifying Deputy Lieutenants and Officers of the Militia, who have neglected to transmit Descriptions of their Qualifications to the Clerks of the Peace, within the Time limited by Law, and for giving further Time for that Purpose."
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.
Proceedings on East India Judicature Act.
The Lord Chancellor acquainted the House, "That the Clerk Assistant had prepared and laid upon the Table a List of the Names of all the Lords, who have delivered in Lists, in pursuance of the Directions of an Act passed in the 26th Year of His present Majesty, for the further Regulation of the Trial of Persons, accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned."
Glasgow Road Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending an Act made in the Twenty-ninth Year of the Reign of His present Majesty, for making and repairing the Road from the City of Glasgow, in the County of Lanark, to Muirkirk in the County of Ayr, and from thence to the Consines of the said County of Ayr, towards Sanquhar in the County of Dumfries, and other Roads communicating therewith, and for the more effectually repairing the said Roads, and the Road from the Village of Gorbals and new Bridge of Glasgow to the Chapel of Cambuslang, in the said County of Lanark and Branches thereof, and for making and repairing the Road from the said Chapel of Cambuslang, till it joins the High Road leading from Hamilton by Burnbank, towards Eaglesham in the County of Renfrew."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on Tuesday next, at the usual Time and Place, and to adjourn as they please.
East India Company's Annual Accounts of Revenues and Charges delivered.
The House being informed, "That Mr. Morton from the Directors of the East India Company attended:"
He was called in, and delivered at the Bar, pursuant to the Directions of an Act of Parliament,
1. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Bengal, and of the Annual Charges at the said Presisidency, distinguishing the same under the several Heads thereof."
2. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Fort St. George, and of the Annual Charges at the said Presidency, distinguishing the same under the several Heads thereof."
3. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Bombay, and of the Annual Charges at the said Presidency, distinguishing the same under the several Heads thereof."
4. "An Account (made up according to the latest Advices) of the Annual Produce of the Revenues of Fort Marlbro' and the Annual Charges of the said Presidency, distinguishing the same under the several Heads thereof."
5. "Amount of the Bond and other Debts owing by the East India Company at their several Presidencies in the East Indies, according to the latest Advices, the Rates of Interest, which such Debts respectively carry, and the Annual Amount of such Interest, together with a List thereof."
Which being read by the Clerk;
Ordered, That the said Accounts do lie on the Table.
Brand's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Trustees to cut down and sell Timber, upon the Estates devised by the Will of Thomas Brand Esquire, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments to be settled to the Uses of the Will, 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. Graves and Mr. Eames:
To carry down the said Bill, and desire their Concurrence thereto.
Staunton et al. Petition referred to Judges.
Upon reading the Petition of Mary Staunton, Widow of Thomas Staunton the Younger, late of Sibton in the County of Suffolk Esquire, deceased, for and on the Behalf of Mary Staunton and Margaret Staunton her Infant Children, and of Bettenson Staunton Spinster, and James Cumberland Bentley Esquire, and Elizabeth Catherine his Wife, praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be and is hereby referred to Mr. Justice Gould and Mr. Baron Thomson, 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.
Walford's Divorce Bill.
The Lord Cathcart (according to Order) reported the Amendment made by the Committee of the whole House, to the Bill, intituled, "An Act to dissolve the Marriage of John Walford the Younger, with Sophia Elizabeth Jeanes his now Wife, 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.
Spiers against Sir A. Campbell.
Ordered, That the Hearing of the Cause wherein Peter Spiers Esquire of Culcroich is Appellant, and Sir Alexander Campbell of Ardkinlass Baronet is Respondent, which stands appointed for To-morrow, be put off to Saturday the 12th Day of March next.
Graham against Erskine.
Ordered, That the Hearing of the Cause wherein Robert Graham Esquire is Appellant, and James Erskine Esquire is Respondent, which stands appointed for To-morrow, be put off to Saturday the 12th Day of March next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum sextum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Sabbati, 26o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Norvicen. |
Ds. Thurlow, Cancellarius. Dux Norfolk, Marescallus. Comes Fitzwilliam. Comes Strange. |
PRAYERS.
Morehead against C. Edmonstone.
After hearing Counsel in Part in the Cause wherein William Morehead Esquire is Appellant and Charles Edmonstone Esquire is Respondent:
It is Ordered, That the further Hearing of the said Cause be put off to Monday next.
Proceedings on East India Judicature Act.
It was moved, "That so much of an Act made in the Twenty-sixth Year of His present Majesty's Reign, for the further Regulation of the Trial of Persons accused of certain Offences committed in the East Indies, and for other Purposes therein mentioned, as relates to the Nomination and Appointment of Members of this House in order to the constituting in Part a Court of Judicature, be read."
The same was accordingly read by the Clerk.
Ordered, That the Clerk do take the lists laid upon the Table Yesterday out of the Covers, and put them together into a Box at the Table;
Which done,
The Lords following were appointed a Committee to examine the said Lists, and to report to the House the Titles of such Lords as shall appear upon Ten of the said Lists:
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.
Ordered, That all the Lords who have been or shall be present this Session, and are not named of the said Committee, be added thereto.
Indemnity Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify such Persons as have omitted to Qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes, and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors, and for indemnifying Deputy Lieutenants and Officers of the Militia, who have neglected to transmit Descriptions of their Qualifications to the Clerks of the Peace within the Time limited by Law, and for giving further Time for that Purpose."
After some Time, the House was resumed:
And the Earl Fitzwilliam reported from the Committee, "That they had gone through the Bill and directed him to report the same to the House, without any Amendment."
Erskine against Haldane.
Ordered, That the Hearing of the Cause wherein Colonel James Francis Erskine is Appellant, and George Haldane of Gleneagles Esquire is Respondent, which stands appointed for Saturday next, be put off to Saturday, the 12th Day of March next.
Spiers against Sir A. Campbell.
Upon reading the Petition of Peter Spiers, Appellant in a Cause depending in this House, to which Sir Alexander Campbell is Respondent; setting forth, "That this Cause was originally appointed for Hearing on Thursday last: That it was afterwards appointed by Their Lordships to be heard this Day, immediately after the Cause wherein William Morehead is Appellant, and Charles Edmonstone Respondent, and the Cause of Graham against Erskine was ordered to be heard on the 5th of March next: That by some Accident, this Cause at the Petitioner's Suit has been again postponed till the 12th of March next, which places it a Week after that of Graham against Erskine, although it formerly stood before it;" and therefore praying, "That this Cause may be placed in its former Order, and heard on Monday next, or at any Rate before that of Graham against Erskine, to which it originally stood prior in the Order of Hearing, the Agent for the Respondent having signed the said Petition, as consenting thereto:"
It is Ordered, That this House will hear the said Cause by Counsel at the Bar, on Saturday the 5th Day of March next.
Mackreth against Fox et al.
Ordered, That the Hearing of the Cause wherein Robert Mackreth is Appellant, and James Fox and William Morton Pitt Esquires and others are Repondents, which stands appointed for Monday next, be put off to Wednesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ vicesimum octavum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Februarii 1791.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Morehead against C. Edmonstone:
After hearing Counsel as well on Saturday last as this Day, upon the Petition and Appeal of William Morehead Esquire of Herbertshire, one of the Freeholders of the County of Stirling in Scotland, complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of December 1790, in so far as it repels the Objection to the Valuation of Mr. Edmonstone's Lands; and praying, "That the same might be reversed, varied, or amended, or that the Appellant might have such other Relief in the Premises, as to this House, in Their Lordships' great Wisdom, should seem meet;" as also upon the Answer of Charles Edmonstone Esquire put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Interlocutor 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 Interlocutor therein complained of be and the same is hereby affirmed.
Indemnity Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes, and to indemnify Members and Officers in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or having been stamped have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors, and for indemnifying Deputy Lieutenants and Officers of the Militia who have neglected to transmit Descriptions of their Qualifications to the Clerks of the Peace within the Time limited by Law, and for giving further Time for that Purpose."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Graves and Mr. Eames:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Brand's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Trustees to cut down and sell Timber upon the Estates devised by the Will of Thomas Brand Esquire, and to invest the Monies arising therefrom in the Purchase of Lands and Hereditaments, to be settled to the Uses of the Will; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Byng's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estates devised by the Will of the Honourable Elizabeth Byng, deceased, in the County of Somerset, in Trustees to be sold; and for investing the Money arising by the Sale thereof in the Purchase of other Estates, to be settled to the like Uses to which the Estates so to be sold are subject."
The Question was put, "Whether this Bill shall pass?"
It was resolved in the Affirmative.
Walford's Divorce Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of John Walford the Younger, with Sophia Elizabeth Jeanes, 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.
Messages to H. C. with the three preceding Bills.
And Messages were, severally, sent to the House of Commons, by the former Messengers:
To carry down the said Bills, and desire their Concurrence thereto.
Koithan's Naturalization Bill.
A Message was brought from the House of Commons, by Mr. John Pitt and others:
With a Bill, intituled, "An Act for naturalizing Frederick Koithan;" to which they desire the Concurrence of this House.
Cardigan Road Bill.
A Message was brought from the House of Commons, by Mr. John Pitt and others:
With a Bill, intituled, "An Act for continuing the Term, and altering and enlarging the Powers of an Act made in the Tenth Year of His Majesty's Reign, for repairing several Roads in the County of Cardigan, and for repairing other Roads in the said County;" to which they desire the Concurrence of this House.
The said two Bills were, severally, read the First Time.
Day et al. Leave for a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of Elizabeth Day the Younger, 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 vesting the Bath Estate situate in the Island of Barbadoes, and late belonging to Edward Day Esquire, deceased, together with the Stock and Effects upon or belonging to the same, in Trustees, to be sold and conveyed pursuant to an Agreement for that Purpose, and for applying the Money to arise by such Sale in discharging the Incumbrances thereon; and for other Purposes therein expressed."
Duke Dorset et al. Leave so a Bill:
After reading and considering the Report of the Judges, to whom was referred the Petition of the Most Noble John Frederick Duke of Dorset, 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 enabling the Trustees of Henry Smith Esquire deceased, to accept a Conveyance of divers Hereditaments in the Parish of Reigate, in the County of Surrey, and an Annual or Fee-Farm Rent of Twenty-five Pounds reserved out of or for the Manor of Mount Bures, in the County of Essex, and a Yearly Rent of Thirty Pounds Part of an Annual or Fee-Farm Rent of Forty Pounds reserved out of or for the Manor of Heddington, with the Hundred of Bullingdon, in the County of Oxford, in Exchange for the several Manors of Knowle, Seven Oaks, Kempsing, and Seal, in the County of Kent, and divers Hereditaments in the several Parishes of Seven Oaks, Kempsing, and Seal, in the said County of Kent, and to convey the last-mentioned Hereditaments accordingly."
Govan and Mitchell against Mains:
A Petition of Jean Govan and William Mitchell her Husband, Appellants in a Cause depending in this House, to which John Govan (fn. 1) Mains is Respondent, was presented and read; setting forth, "That on the 7th Day of December last, the Petitioners presented to the House their Appeal from certain Interlocutory Judgments of the Court of Session in Scotland, and on a subsequent Application an Order was made that the Petitioners might be at Liberty to prosecute their said Appeal in Formâ Pauperis; that no Answer being put in to the said Appeal, and the subject Matter of it having since the presenting thereof been done away by an Accommodation between the Parties, the Appellants are desirous to withdraw their said Appeal;" and therefore praying, "Their Lordships will be pleased to order that they may be at Liberty to withdraw their said Appeal."
And thereupon the Agent for the Petitioners was called in and heard at the Bar; and being withdrawn:
Appeal withdrawn.
Ordered, That the Petitioners be at Liberty to withdraw their said Appeal as desired, the Respondent not having put in an Answer to the said Appeal.
Godeffroy's and Thornton's Naturalization Bill.
A Message was brought from the House of Commons, by Sir Harry Houghton and others:
To return the Bill, intituled, "An Act for naturalizing Peter Godeffroy, Johanna Catherine Godeffroy, his Wife, and John Thornton;" and to acquaint this House, That they have agreed to the same, without any Amendment.
Quebec, Address on His Majesty's Message respecting.
Ordered, That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House for His Majesty's Gracious Message relative to the Province of Quebec; and to assure His Majesty that we will not fail to take into our most serious Consideration the Subjects recommended to our Attention by His Majesty, and that we shall be desirous of concurring in all such Measures as may best tend to promote those salutary Objects which His Majesty has in view.
Ordered, That the said Address be presented to His Majesty by the Lords with white Staves.
Morehead against G. Edmonstone.
Upon reading the Petition of William Morehead Esquire, Appellant in a Cause depending in this House, and of George Edmonstone Esquire Respondent thereto; setting forth, "That it having been understood that the Decision of this Cause depended upon that of Moorhead against Charles Edmonstone, heard this Day, and Their Lordships having affirmed the Interlocutor in that Cause, which is precisely similar to the present:" The Petitioners therefore pray Their Lordships, "That the Interlocutor in this Cause may be affirmed, and that the Appeal may be dismissed this House:"
Interlocutor affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be and is hereby dismissed this House, and that the said Interlocutor therein complained of be and the same is hereby affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Martii, jam prox. sequen. horâ undecimâ Auroræ, Dominis sic decernentibus.