House of Lords Journal Volume 27: February 1750, 1-10

February 1750, 1-10

DIE Jovis, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Schomberg's Nat Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Isaac Schomberg Doctor in Physick," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Spalding and Helbech Manors, Bill.

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for vesting in Trustees certain Leases and Estates, therein mentioned, of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, which were forfeited by James late Duke of Monmouth, put in Exigent upon an Indictment of High Treason, to the Intent that the Loss of the Record of such Indictment, and of the Capias and Exigent thereon, may be supplied, for the Purposes therein mentioned," was graciously pleased to consent thereunto, so far as the Interest of the Crown is concerned"

Then the said Bill was read a Second Time.

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

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

Ordered, That all the Lords who have been present this Session, and are not of the said Committee, be added thereunto.

Sawyer against E of March.

Upon reading the Petition and Appeal of Anthony Sawyer Esquire, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 21st of November last, made on the Behalf of William Earl of March and Ruglen, and praying, "That the same may be reversed or varied, or such other Relief given the Appellant as to this House shall seem just"

It is Ordered, That the said Earl may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Wednesday the 28th Day of this Instant February, and that Service of this Order on the Agent, Solicitor, or Procurators, who appeared for the said Earl in the Court below, be deemed good Service.

Adjourn.

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

DIE Lunæ, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by Virtue of His Majesty's Commission.

E of Aylesford takes the Oaths.

Heneage Earl of Aylesford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Malt Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty."

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. Bennett and Mr Edwards

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

Mandrot & al Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Peter Mandrot and Lewis Chabanel," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petitions of Persons to be added to it.

Upon reading the Petition of Tamary Houssaye, Wife of Isaac Houssaye of Colchester in the County of Essex praying, "That her Name may be inserted in the last mentioned Bill."

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Upon reading the Petition of William de Drusina, Henry Author Langkopf, and Henry Katenkamp, praying, "That their Names may be inserted in the said Bill."

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.

Schomberg's Nat Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Schomberg Doctor in Physick"

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

It was Resolved in the Affirmative.

Message to H C with it.

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

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

Davidson against Sinclair & al:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Davidson Bookseller in Edinburgh is Appellant, and Henry Sinclair of Carlourie Esquire and others are Respondents"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next.

Inglis against Inglis.

Upon reading the Petition and Appeal of William Inglis Merchant in Glasgow, complaining of several Interlocutors, as well of the Lord Ordinary as Lords of Session in Scotland, the last dated the 23d of January last, made on the Behalf of Mary Inglis and John Riddel Junior her Husband, and praying, "That the said Interlocutors may be reversed, and such Relief given the Appellant as to this House shall seem just"

It is Ordered, That the said Mary Inglis and John Riddel her Husband may have a Copy of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 5th Day of March next, and that Service of this Order on their Procurators or Agents in the Court of Session in Scotland be deemed good Service.

Adjourn.

Gulielmus Lee Miles, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

Bulst ode & Ux Leave to exhibit a Pet for a Bill.

Upon reading the Petition of Edward Bulstrode Esquire and Catherine his Wife, setting forth, "That they, intending to apply to this House for Leave to bring in a Private Bill, did employ an Agent to get the same prepared, but, by reason of his late Illness, the same has been neglected," and praying, "That Leave be given to exhibit a Petition for that Purpose, notwithstanding the Time for presenting such Petitions is expired"

It is Ordered, That Leave be given to exhibit a Petition, as desired.

Pet referred to Judges.

Accordingly, a Petition of Edward Bulstrode Esquire and Catherine his Wife, for themselves and on the Behalf of their Three Children, who are all Infants, was presented, and read, praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Estates, in the Petition mentioned, among the Parties entitled to the same respectively, and for selling Lands allotted to the Petitioner Edward Bulstrode, to discharge his Debts and Encumbrances.

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 Clive, with the usual Directions, according to the Standing Order.

Spalding and Holbech Manors, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees certain Leases and Estates, therein mentioned, of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, which were forfeited by James late Duke of Monmouth, put in Exigent upon an Indictment of High Treason, to the Intent that the Loss of the Record of such Indictment, and of the Capias and Exigent thereon, may be supplied, for the 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, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Persons take the Oaths, to be naturalized.

William de Drusina, Henry Author Langkopf, Herman Katenkamp, and Tamary Houssaye, took the Oaths appointed, in order to their Naturalization.

Mandrot & al. Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Peter Mandrot and Lewis Chabanel"

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

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

Ordered, That the Petitions of the several Persons presented to this House on Monday last, praying that their Names may be inserted in the said Bill, and were then ordered to lie on the Table, be referred to the said Committee.

Leslie peremptorily to answer Fitzgeralds Appeal.

The House was informed, "That James Leslie Clerk, Respondent to the Appeal of Robert Fitzgerald and Lucy his Wife, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit, made by Martin Delany of the City of Dublin Gentleman, of the due Service of the said Order, being read.

Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Currie to enter into Recognizance for Inglis.

The House being moved, "That David Currie of London Merchant may be permitted to enter into a Recognizance for William Inglis, on account of his Appeal depending in this House, he residing in Scotland

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

Baynes & al. against E of Suthesland.

Whereas this Day was appointed, for hearing the Cause wherein Walter Baynes Esquire and others are Appellants, and William Earl of Sutherland is Respondent.

It is Ordered, That the Hearing of the said Cause be put off to Monday next, and that the Cause which stands to be heard on Friday be put off to the Wednesday following.

Adjourn.

Gulielmus Lee Miles, Capitalis Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Representation, &c of the Board of Trade, concerning the African Trade.

The Earl of Halifax presented to the House a Representation, from the Board of Trade, of what had been done pursuant to their Lordships Address in the latter End of the last Session of Parliament, together with several Papers therein mentioned, with a List thereof.

And the said Representation and List were read by the Clerk, and are as follow, (videlicet,)

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"May it please your Lordships,

"His Majesty having been pleased, by a Letter from his Grace the Duke of Bedford, One of His Majesty's Principal Secretaries of State, dated the 30th of June last, in Consequence of your Lordships Address of the 8th of the same Month, to direct us to prepare a Scheme, for the better securing, improving, and extending, the Trade to Africa, and to lay the same before both Houses of Parliament at the Beginning of the present Session, we did, in Obedience to His Majesty's Commands, immediately take this Matter into our Consideration And, that we might be the better enabled to answer the Intentions of Parliament, we wrote to the Royal African Company, the Merchants of London, Bristol, and Liverpool, trading to Africa, and the Gentlemen interested in and trading to the British Colonies in America, desiring they would state, in Writing, in as full and explicit a Manner as possible, and as soon as they conveniently could, what would, in their several Opinions, be the best Method of securing, improving, and extending, the Trade to Africa, together with their Reasons for such Opinions.

"After much Delay, different Proposals were laid before us by the several Parties.

"We have been attended by them, and have heard the Arguments they had to offer in Support of their respective Schemes, together with all such Evidence and Information as they thought proper to lay before us.

"Whereupon we humbly beg Leave to represent, That, having considered each Scheme with the utmost Attention, without being able to chuse or to form any one which may not be liable to great Difficulties and Objections, we beg Leave to annex the several Plans laid before us, and submit them to the Judgement and Wisdom of Parliament.

"Whitehall, Feb'ry 6^th, 1749/50.

"Dunk Halifax.
J Pitt.
J. Grenville.
Dupplin
C. Townshend.
Fran. Fane"

"Lists of Papers laid before the Lords Spiritual and Temporal in Parliament assembled, by the Commissioners for Trade and Plantations, pursuant to their Lordships Address to His Majesty of the 8th of June 1749, for the better securing, improving, and extending, the Trade to Africa.

"1 Copy of a Representation and Proposals of the Royal African Company, to the Commissioners for Trade and Plantations, for securing, improving, and extending, the Trade to Africa."

"2. Copy of a Memorial of the Royal African Company, to the Commissioners for Trade and Plantations, with an Estimate of the Charges of a Military Force for supporting their Forts and Settlements in Africa."

"3 Copy of a Plan from several Merchants of London, to the Commissioners for Trade and Plantations, for the better regulating and carrying on the Trade to Africa."

"4 Copy of a Scheme from several African Merchants and Traders of the City of London, to the Commissioners for Trade and Plantations, for securing, improving, and extending, the Trade to Africa."

"5 Copy of a Scheme from the Merchants of Bristol, to the Commissioners for Trade and Plantations, for securing, improving, and extending, the Trade to Africa"

"6 Copy of a Representation from the Merchants trading to Africa from the Port of Liverpool, to the Commissioners for Trade and Plantations, for carrying on, extending, and securing, the Trade to Africa."

"7. Copy of a Representation from the Sugar Planters and others, to the Commissioners for Trade and Plantations, for retrieving, extending, and preserving, the Trade to Africa"

Ordered, That the said Papers do lie on the Table, for the Perusal of the Lords.

Mutiny Bill.

A Message was brought from the House of Commons, by Mr Secretary at War 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.

Garstang Manor, Mr. Walpole's Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to grant the Inheritance of the Manor of Garstang, in the County of Lancaster, and of a Messuage or Tenement in Newbigginge in Lonsdale, in the County of Westmorland, to Trustees, in Trust, for the Honourable Edward Walpole Esquire and his Heirs, upon a full and valuable Consideration to be paid for the same," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

His Majesty's Consent signified.

Then the Duke of Newcastle acquainted the House, That His Majesty, having been apprized of the Contents of the last mentioned Bill, was gracrously pleased (so far as the Interest of the Crown is concerned) to consent that their Lordships may proceed thereupon as they shall think fit"

Address for State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1748 and 31st of December 1749, together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Spalding and Holbech Manors, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees certain Lands and Estates, therein mentioned, of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, which were forfeited by James late Duke of Monmouth, put in Exigent upon an Indictment of High Treason, to the Intent that the Loss of the Record of such Indictment, and of the Capias and Exigent thereon, may be supplied, for the Purposes 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 Burroughs and Mr Allen

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

Committees of the Earl of Bradford, Bill.

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

To return the Bill, intituled, "An Act to empower the Committees of Thomas Earl of Bradford, a Lunatick, to lay out Part of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Wharsingers, Scotland Yard, Petition.

A Petition of several Wharfingers, Carters, and Dealers in Coals, at the Wharfs in Scotland Yard, was presented, and read, setting forth, "That the Petitioners are at great Expence in carrying on the Trade belonging to such Wharfs, by a constant Maintenance of a large Number of Servants and Horses, and that, by an Order of this House, they are prohibited from working for Six Hours in the Day, and praying a Consideration of their Case, in regard the Passages to this House, by finishing Parliament Street, are now become free and open, and to do therein as to this House shall seem meet"

And thereupon the said Order being read.

Ordered, That the said Petition be taken into Consideration on Thursday next.

Mandrot, Nat Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Peter Mandrot and Lewis Chabanel," was committed "That they had considered the said Bill, as also the Petitions to them referred, and had examined the Allegations of the Bill, which were found to be true, and that the Committee had gone through the same, with several Amendments."

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

Copley's Drvorce Bill.

The Earl of Shaftesbury presented to the House, pursuant to their Lordships Order of the 29th of January last, a Bill, intituled, "An Act for dissolving the Marriage of Godfrey Copley with Anna Maria Brace Spinster, and to enable him to marry again, and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday Three Weeks, being the Sixth of March next, and the Lords to be summoned, and that the said Godfrey Copley may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill, and that the said Anna Maria may have a Copy of the said Bill, and Notice be given her of the said Second Reading, and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Adjourn.

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