House of Lords Journal Volume 27: March 1750, 11-20

Journal of the House of Lords Volume 27, 1746-1752. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 27: March 1750, 11-20', in Journal of the House of Lords Volume 27, 1746-1752, (London, 1767-1830) pp. 420-429. British History Online https://www.british-history.ac.uk/lords-jrnl/vol27/pp420-429 [accessed 26 April 2024]

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In this section

March 1750, 11-20

DIE Martis, 13o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch Ebor.
Epus. Glocestr.
Epus Wigorn.
Epus Cicestriens.
Epus Sarum.
Epus Lincoln.
Epus Meneven.
Epus Exon.
Epus Carliol.
Epus Petriburg.
Epus Asaphen
Epus Norwic
Epus Litch. & Cov.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C P S.
Dux Marlborough, Senescallus
Dux Grafton, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Bedford
Dux Devon.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Manchester.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Rothes.
Comes Loudoun.
Comes Leven.
Comes Hyndford.
Comes Oxford.
Comes Halifax.
Comes Sussex.
Comes Harborough.
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Oxford.
Comes Leicester.
Comes Fitzwilliam.
Comes Egremont.
Viscount Fauconberg.
Viscount Lonsdale.
Ds. Delawarr.
Ds. Dudley.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Ward.
Ds. Cornwallis.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgecumbe.
Ds Sandys
Ds. Ravensworth.
Ds. Feversham.

PRAYERS.

Sutherland against Gordon.

The Answer of Alexander Gordon Esquire, to the Appeal of William Sutherland Esquire, was brought in.

Millar & al against Kincard.

As was likewise, the Answer of Alexander Kincard and others, to the Appeal of Andrew Millar and others.

Fitzgerald & al against Leslie

And also, the Answer of James Leslie Doctor in Divinity, to the amended Appeal of Robert Fitzgerald and Lucy his Wife.

E Harcourt introduced

Simon Lord Viscount Harcourt, being, by Letters Patent, bearing Date the First Day of December, in the Twenty-third Year of the Reign of His present Majesty, created Earl Harcourt of Stanton Harcourt, in the County of Oxon, was this Day (in his Robes) introduced, between the Earl of Lincoln and Earl of Ashburnham (also in their Robes), the Gentleman Usher of the Black Rod, Garter King at Arms, the Lord Great Chamberlain of England, and Deputy Earl Marshal, preceding.

The said Earl presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack, who delivered it to the Clerk, and the same was read, at the Table.

His Lordship's Writ of Summons was also read, and is as follows, (videlicet,)

His Writ of Summons

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth, To our Right Trusty and Right Well-beloved Cousin Simon Earl Harcourt, Greeting. Whereas Our Parliament for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster, We, strictly enjoining, command you, under the Faith and Allegrance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Second Day of December, in the Twenty-third Year of Our Reign.

"Yorke & Yorke."

Which done, the said Earl took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was then placed on the lowest End of the Earls Bench.

Ly Musgrave & al for Sale of Hylton's Estates, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estates devised by the Will of John Hylton Esquire, deceased, and for applying the Money arising thereby in the Payment of his Debts and Legacies," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Parties concerned had given their Consents thereunto, except Catherine Briscoe, on Behalf of herself and her Infant Sons, whose Interest under the Will consists only of a remote Remainder limited of the Frcehold and Inheritance of the Premises, to take Effect, not only after the Death and Failure of Issue Male of several Persons now in being, but also after the Determination of a Term of One Thousand Years, which Interest of the said Infants is of little or no Value, and it will be for their Advantage, that the Inheritance should be disposed of instead of the said Term, in regard the Surplus of the said Money arising by Sale of the Premises, of which the said Children will have the Benefit, will be thereby greatly increased, and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

Ordered, That the Bill, with the Amendments, be engrossed.

His Majesty's Advocate against Ld. Pitsligo.

A Petition of Alexander Lord Forbes of Pitsligo, was presented, and read, setting forth, "That the Cause upon the Appeal of His Majesty's Advocate for Scotland, to which the Petitioner is Respondent, is appointed to be heard on Monday next," and praying, In regard his Counsel are greatly engaged this Week, that the said Hearing may be postponed."

And thereupon the Agents on both Sides were called in, and examined at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Wednesday the 20th Instant.

Sawyer against E. of March.

A Petition of Anthony Sawyer Esquire, was presented, and read, setting forth, "That the Respondent to the Petitioner's Appeal, in order to postpone the Hearing thereof, has got it set down on Monday the 9th of April next, which, should the Session end before Easter, will put off the Hearing till next Session of Parliament," and praying, "That the said Cause may be brought on for hearing on an earlier Day"

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the said Cause be heard on Monday the 2d Day of April next.

Guthrie against Murray:

A Petition of Patrick Guthrie Esquire, was presented, and read, setting forth, "That he was advised to bring an Appeal to this House, from several Interlocutors of the Lords of Session in Scotland, and that the same stands to be heard To-morrow, but that the Petitioner has been disabled, by long Sickness and Confinement, from giving Attention to this Cause, and is therefore totally unprepared to bring it on in a proper Manner," and praying, "That he may be at Liberty to withdraw the said Appeal, or that the same may be dismissed."

And thereupon the Petitioner and the Respondent's Agent were called in, and heard at the Bar.

And being withdrawn.

Appeal dismissed.

Ordered, by Consent, That the said Appeal be, and is hereby, dismissed this House, and that the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

Against seducing Artificers into Foreign Parts, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for the effectual punishing of Persons convicted of seducing Artificers in the Manufactures of Great Britain or Ireland out of the Dominions of the Crown of Great Britain, and to prevent the Exportation of Utensils made Use of in the Woollen and Silk Manufactures from Great Britain or Ireland into Foreign Parts, and for the more easy and speedy Determination of Appeals allowed in certain Cases, by an Act made in the last Session of Parliament, relating to Persons employed in the several Manufactures therein mentioned"

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Millar & al against Kincard & al

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Andrew Millar and others are Appellants, and Alexander Kincard and others Respondents."

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 26th Instant.

Sutherland against Gordon

The like Motion and Order, for hearing the Cause wherein William Sutherland of Little Torbell is Appellant, and Alexander Gordon Respondent, on Wednesday the 4th of April next.

Fitzgerald & Ux against Leslie & al.

The like Motion and Order, for hearing the Cause wherein Robert Fitzgerald Esquire and his Wife are Appellants, and James Leslie Clerk and others Responpondents, on Friday the 6th of April next.

Game, for better Preservation of, Bill, rejected

Hodie 2a vice lecta est Billa, intituled, "An Act to limit the Time for killing the Game within this Kingdom, for the better Preservation of the Breed thereof."

Moved, "To commit the Bill."

Which being objected to;

And Debate thereupon.

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Ordered, That the said Bill be rejected.

Prosecutions for Perjury more easy, Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual."

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"

Uniformity Act explaining, Bill

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain Part of an Act passed in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for the Uniformity of Publick Prayers, and Administration of Sacraments"

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 made some Amendments thereunto, which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Coroners Office Bill

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

With a Bill, intituled, "An Act for the better ordering the Office of Coroner," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Lanoe's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for making effectual an Agreement, for Sale of a Messuage at Farley Hill, in the County of Berks, with the Appurtenances, late the Estate of Colonel Charles Lanoe, deceased, to Alexander Walker Esquire"

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

L. President.
L Steward.
D Beaufort.
D. Bedford.
D Argyll.
D. Newcastle.
D. Manchester.
E. Northampton.
E. Warwick.
E. Chesterfield.
E. Shaftesbury.
E. Rothes.
E Leven.
E. Hyndford.
E. Oxford.
E. Sussex.
E. Harborough.
E Orford.
E. Fitzwilliam.
E. Egremont.
Vis Fauconberg.
Vis. Lonsdale.
L. Abp. Cant.
L. Bp. Worcester.
L. Bp. Sarum.
L. Bp. Lincoln.
L. Bp. St Davids
L. Bp. Norwich
L. Bp. Litch. & Cov.
L. Delawarr.
L. Willoughby Par.
L. North
L Cornwallis.
L Onslow.
L. Cadogan.
L. Ducie.
L. Monson.
L. Raymond.
L. Ilchester.
L. Edgecumbe.
L. Sandys.
L Ravensworth.
L. Feversham.

Their Lordships, or any Five of them; to meet on Wednesday the 28th Instant, at the usual Time and Place, and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 14o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

Epus. Londin.
Epus. Roffen.
Epus. Glocestr.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Lincoln.
Epus. Meneven.
Epus. Carliol.
Epus. Norwic.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux St. Albans.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Loudoun.
Comes Leven.
Comes Hyndford.
Comes Sussex.
Comes Harborough.
Comes Macclesfield.
Comes Effingham.
Comes Fitzwilliam.
Comes Northumberland.
Comes Harcourt.
Viscount Fauconberg.
Viscount Falmouth.
Ds. Dudley.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Feversham.

PRAYERS.

Prosecutions for Perjury more easy, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual."

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. Waple

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

E Northumberland & al to take the Name of Percy, Bill

(fn. 1) Hodie 3a vice lecta est Billa, intituled, "An Act to enable Hugh Earl of Northumberland, and Elizabeth Countess of Northumberland and Baroness Percy his Wife, and their Children, Progeny, and Issue, to take and use the Name of Percy, and bear and quarter the Arms of the Percys Earls of Northumberland."

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

It was Resolved in the Affirmative.

Ly Musgrave & al for Sale of Hylton's Estates, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estates devised by the Will of John Hylton Esquire, deceased, and for applying the Money arising thereby in the Payment of his Debts and Legacies."

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

It was Resolved in the Affirmative.

Messages to H C with the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers.

To carry down the said Bills, and desire their Concurrence to them.

E Pembroke's Guardians, Leave for a Bill

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Guardians of Henry Earl of Pembroke and Montgomery, praying Leave to bring in a Private Bill.

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 to empower the Guardians of Henry Earl of Pembroke and Montgomery, an Infant, to make Leases of his Real Estates, during his Minority."

Shanley against Harrison & al.

The House being informed, "That Mr. Keighan attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, in the Cause wherein Thomas Shanley Gentleman is Appellant, and John Harrison and others are Respondents."

Pleadings proved

He was called in; and delivered the same at the Bar, and attested upon Oath, "The said Copies were true, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Mackenzie to enter into Recognizance for the Countess of Strathmore.

The House being moved, "That Kenneth Mackenzie, of the Parish of St Martin in the Fields, Gentleman, may be permitted to enter into a Recognizance for Susannah Countess Dowager of Strathmore, on account of her Appeal depending in this House, she residing in Scotland"

It is Ordered, That the said Kenneth Mackenzie may enter into a Recognizance for the said Countess, as desired.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies, the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand (the Lords being also in their Robes), commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk, who brought them to the Table, where the Clerk of the Crown read the Titles of those and the other Bills ready for the Royal Assent, as follow; (videlicet,)

Bills passed.

"1. 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."

"2. An Act for repealing the Duties now payable upon China Raw Silk, and for granting other Duties in Lieu thereof"

To these Bills the Royal Assent was pronounced, severally, in these Words, (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult"

"3 An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

"4 An Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual."

"5. An Act for enlarging the Term and Powers granted by an Act passed in the Fifth Year of the Reign of His present Majesty, for repairing and amending the Roads leading from the Town of Manchester, in the County of Lancaster, through the Town of Ashton under Line, and Parish of Mottram Longdendale, and from thence to Salter's Brook, in the County Palatine of Chester."

"6. An Act for enlarging the Term and Powers granted and continued by Two Acts of Parliament for amending the Highways leading from Brampton Bridge, to Welford Bridge, in the County of Northampton, and the great Post Road from Morter-PittHill to Chain-Bridge, leading into Market Harborough, in the County of Leicester, and for explaining and making more effectual the said Acts, and also for repairing the Roads leading from Morter-Pitt-Hill and Brampton Bridge to the Town of Northampton."

"7 An Act for enlarging the Term and Powers granted and continued by Two former Acts of Parlimanet, for repairing, widening, and amending, the Roads from Wigan to Preston, in the County Palatine of Lancaster, and for making the said Acts more effectual."

"8 An Act for enlarging the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His present Majesty, for repairing the Road leading from the Town of Fulham, in the County of Middlesex, through Fulham Fields, to the great Road near the Pound at Hammersmith, in the said County."

"9 An Act for improving the Navigation of the River Loyne, otherwise called Lune, and for building a Quay, or Wharf, near the Town of Lancaster, in the County Palatine of Lancaster."

"10. An Act for repairing, improving, and maintaining the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves into the said Haven, and also for preserving Ships wintering therein from Accidents by Fire."

To these Bills the Royal Assent was pronounced severally, in these Words, (videlicet,)

"Le Roy le veult."

"11 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 Jomes late Duke of Monmouth, put in Exigent upon an Indictment of High Treason, to the Insent that the Loss of the Record of such Indictment, and of the Capias and Exigent thereon, may be supplied, for the Purposes therein mentioned."

"12. An Act to empower the Committees of Thomas Earl of Bradford, a Lunatick, to lay out Put of his Personal Estate in the Purchase of Lands and Estates of Inheritance, for the Purposes therein mentioned."

"13. 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."

"14 An Act to enable Roger Mortlock Doctor in Divinity, now called Roger Pettiward, and the Heirs of his Body, to take and use the Surname and Arms of Pettiward."

"15. An Act to enable Beckford Kendall Esquire, now called Beckford Kendall Cater, and his Issue Male, to take and use the Surname and Arms of Cater."

"16 An Act for naturalizing John Peter Mandrot, Lewis Chabanel, William de Drusina, and others"

"17. An Act for naturalizing Isaac Schomberg Doctor in Physick."

"18. An Act for naturalizing Engelbert Hake."

To these Bills the Royal Assent was pronounced, severally, in these Words, (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Westminster Market, Bill.

A Message was brought from the House of Commons, by Sir Peter Warren and others.

With a Bill, intituled, "An Act for assigning a Place proper for holding the Market in the City of Westminster, in Lieu of the ancient Market Place called The Round Woolstaple, and for regulating the said Market," to which they desire the Concurrence of this House.

Pownoll's Ballast Engine, Bill.

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

With a Bill, intituled, "An Act for securing the sole Property, Benefit, and Advantage, of an Engine, invented by Israel Pownoll, deceased, for raising Ballast, Sullage, and Sand and for removing Banks, Shelves, and Shoals, in Rivers and Harbours, to the Children of the said Israel Pownoll, for a certain Term of Years," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Sir Tho. Mostyn's Bill

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, An Act for Sale of Part of the set led Estate of Sir Thomas Mostyn Baronet, in the County of Anglesea, for Payment of Debts, and for providing a Recompense to his Eldest Son and Issue, in Lieu thereof," 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 made some Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Needham's Bill.

The Duke of Portland made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estates of John Needham Esquire and Anne his Wife, John Leche Esquire and Mary his Wife, and Elizabeth Hurleston, for discharging Encumbrances affecting the same, and other Purposes therein mentioned," was committed.

And the same Order was made.

Uniformity Act, explaining, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain Part of the Act passed in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for the Uniformity of Publick Prayers, and Administration of Sacraments," was committed, the Amendments made by the Committee to the said Bill.

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Martii, undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 16o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Archiep Cant.
Epus Roffen
Epus Wigorn.
Epus Sarum.
Epus Lincoln.
Epus Meneven.
Epus Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Asaphen.
Epus. Norwic
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Marlborough, Senescallus
Dux Bedford.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick
Comes Shaftesbury.
Comes Coventry.
Comes Loudoun
Comes Hyndford.
Comes Halifax.
Comes Harborough.
Comes Leicester.
Comes Fitzwilliam.
Comes Northumberland.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds Ward
Ds Cornwallis.
Ds Bathurst.
Ds Cadogan.
Ds Ducie
Ds Sandys.
Ds Anson
Ds. Archer.

PRAYERS.

Phipps against E of Anglesey & al

The Answer of Charles Coote of the City of Dublin Esquire, One of the Respondents to the Appeal of Constantine Phipps Esquire, was brought in.

Cowper's Bill

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Cowper Esquire to settle a Jointure upon his present Wife, and to make Leases of certain Estates in the County of Hertford," 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 then Consents; 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.

Stanley's Bill.

The Lord Willoughby of Parham made the like Report from the Lords Committees to whom the Bill, intituled, An Act for vesting the Estates of Richard Stanley Esquire, a Lunatick, lying in the Counties of Kent and Midd'x, in Trustees, to besold, for the Payment of several Debts and Encumbrances thereon, and for other Purposes therein mentioned," was committed.

And the same Order was made.

Culcheth Commons enclosing, Bill

His Lordship made the same Report from the Committee to whom the Bill, intituled, "An Act for confirming Articles of Agreement for enclosing and dividing the Commons and Waste Grounds, within the Manor of Culcheth, in the County of Lancaster," was committed.

Dolman's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering Trustees to raise Money, out of the settled Estate of Robert Dolman Esquire, for discharging several Debts and Sums of Money contracted and borrowed by him," 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 made some Amendments thereunto"

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

Ordered, That the said Bill, with the Amendments be engrossed.

Sir Tho Mostyn's Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of Sir Thomas Mostyn Baronet, in the County of Anglesea, for Payment of Debts, and for providing a Recompense to his Eldest Son and Issue, in Lieu thereof"

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

It was Resolved in the Affirmative.

Needham's Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estates of John Needham Esquire and Anne his Wife, John Leche Esquire and Mary his Wife, and Elizabeth Hurleston, for discharging Encumbrances affecting the same, and other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Uniformity Act, explaining, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain Part of an Act passed in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for the Uniformity of Publick Prayers, and Administration of Sacraments, and also Part of an Act passed in the Thirteenth Year of the Reign of Queen Elizabeth, for the Ministers of the Church to be of found Religion"

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 ordered to be sent to the House of Commons, by Mr. Spicer and Mr. Mountague

To carry down the Three last mentioned Bills, and desire their Concurrence to them.

Westminster Market, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for assigning a Place proper for holding the Market in the City of Westminster, in Lieu of the ancient Market Place called The Round Woolstaple, and for regulating the said Market."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Gloucester Streets, &c. enlarging, Bill.

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

With a Bill, intituled, "An Act for taking down several Buildings, and enlarging the Streets and Market-places, in the City of Gloucester," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir T Hay to amend this Appeal

Upon reading the Petition of Sir Thomas Hay Baronet, praying, "In regard he is advised that His Majesty's Advocate for Scotland ought to have been made a Party in the Suit in the Court of Session, as he ought to have been (fn. 2), that the Petitioner may be at Liberty to amend his Appeal to this House, by making the said Advocate a Respondent thereto, he being willing to amend the Respondent's Copy."

It is Ordered, That the Petitioner may amend his said Appeal, as desired, on the Condition above-mentioned.

E Pembroke's Bill

Hodie 2a vice lecta est Billa, intituled, "An Act to empower the Guardians of Henry Earl of Pembroke and Montagomery, an Infant, to make Leases of his Real Estates, during his Minority."

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

L. President.
L Steward.
D Newcastle.
D Portland
E Northampton.
E Warwick
E Shaftesbury.
E Coventry.
E Loudoun
E Hyndford.
E Halifax.
E Harborough.
E Fitzwilliam.
E. Northumberland.
Viscount Fauconberg.
L. Abp. Cant.
L. Bp. Rochester.
L. Bp. Sarum.
L Bp St Davids.
L Bp Norwich
L. Bp. Litch. & Cov.
L Willoughby Par.
L Ward.
L Cornwallis.
L Bathurst.
L Cadogan.
L. Ducie
L. Sandys.
L Anson.
L. Archer.

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

Phipps against E. Anglesey & al

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Constantine Phipps Esquire is Appellant, and Richard Earl of Anglesey and others are Respondents"

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

His Majesty's Advocate against Ld Pitsligo, Judges to attend

Ordered, That the Judges in Town do attend this House on Wednesday next, at the Hearing of the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Alexander Lord Pitsligo Respondent.

Against seducing Artificers to Foreign Parts, Bill

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the effectual punishing of Persons convicted of seducing Artificers in the Manufactures of Great Britain or Ireland out of the Dominions of the Crown of Great Britain, and to prevent the Exportation of Utensils made Use of in the Woollen and Silk Manufactures from Great Britain or Ireland into Foreign Parts, and for the more easy and speedy Determination of Appeals allowed in certain Causes by an Act made in the last Session of Parliament, relating to Persons employed in the several Manufactures therein mentioned."

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 Amendments"

Pownoll's Ballast Engine, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for securing the sole Property, Benefit, and Advantage, of an Engine, invented by Israel Pownoll, deceased, for raising Ballast, Sullage, and Sand, and for removing Banks, Shelves, and Shoals, in Rivers and Harbours, to the Children of the said Israel Pownoll, for a certain Term of Years"

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 next, at the usual Time and Place, and to adjourn as they please.

Adjourn.

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

DIE Lunæ, 19o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen.
Epus Cicestriens.
Epus Sarum
Epus Meneven.
Epus. Bangor.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux St Albans.
Dux Newcastle.
Dux Portland.
March. Rockingham.
Comes Northampton.
Comes Chesterfield.
Comes Shaftesbury.
Comes Loudoun.
Comes Leven.
Comes Hyndford
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Fitzwilliam.
Ds Willoughby Par.
Ds Cornwallis.
Ds. Ducie.
Ds. Monson.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Stanley's Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Estates of Richard Stanley Esquire, a Lunatick, lying in the Counties of Kent and Middlesex, in Trustees, to be sold, for the Payment of several Debts and Encumbrances thereon, and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Cowpers Bill

Hodie 3a vice lecta est Billa, intituled, "An Act to enable William Cowper Esquire to settle a Jointure upon his present Wife, and to make Leases of certain Estates in the County of Hertford"

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

It was Resolved in the Affirmative.

Messages to H C with the preceding Bills

And Messages were severally ordered to be sent to the House of Commons, by Mr. Edwards and Mr Sawyer

To carry down the said Bills, and desire their Concurrence to them.

Against seducing Artificers to Foreign Parts, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for the effectual punishing of Persons convicted of seducing Artificers in the Manufactures of Great Britain or Ireland out of the Dominions of the Crown of Great Britain, and to prevent the Exportation of Utensils made Use of in the Woollen and Silk Manufactures from Great Britain or Ireland into Foreign Parts, and for the more easy and speedy Determination of Appeals allowed in certain Cases, by an Act made in the last Session of Parliament, relating to Persons employed in the several Manufactures therein mentioned."

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

It was Resolved in the Affirmative.

Culcheth Commons, enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming Articles of Agreement, for enclosing and dividing the Commons and Waste Grounds, within the Manor of Culcheth, in the County of Lancaster."

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 ordered to be sent to the House of Commons, by the former Messengers.

To acquaint them, that the Lords have agreed to the Two last-mentioned Bills, without any Amendment.

African Trade, extending, Bill.

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

With a Bill, intituled, "An Act for extending and improving the Trade to Africa," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

E Pembroke's Bill:

The House being moved, "That the Standing Order requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act to empower the Guardians of Henry Earl of Pembroke and Montgomery, an Infant, to make Leases of his Real Estate, during his Minority," stands committed, may meet on an earlier Day than was at first appointed, in regard this Session of Parliament is far advanced"

Committee shortening

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Lanoe's Bill.

The like Motion and Order, in relation to the Bill, intituled, "An Act for making effectual an agreement for Sale of a Messuage at Farley Hill, in the County of Berks, with the Appurtenances, late the Estate of Colonel Charles Lanoe, deceased, to Alexander Walker Esquire."

M'Geough against Averell.

Upon reading the Petition and Appeal of Joshua McGeough, complaining of a Decree of the Court of Exchequer in Ireland, of the 7th of February last, made in a Cause wherein John Averell Clerk was Plaintiff, and the Appellant Defendant, and praying, "That the same may be reversed, and that the said Plaintiff's Bill may be dismissed"

It is Ordered, That the said John Averell may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 23d Day of April next, and that Service of this Order on the Respondent, or his Attorney in the said Court of Exchequer, be deemed good Service.

Gloucester Streets, &c enlarging, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for taking down several Buildings, and enlarging the Streets and Market-places, in the City of Gloucester."

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

L. President.
D. St Albans
D. Newcastle.
D. Portland.
M. Rockingham.
E. Northampton.
E. Chesterfield.
E Shaftesbury.
E. Loudoun.
E. Leven
E. Hyndford.
E. Halifax.
E. Harborough.
E. Macclesfield.
E. Fitzwilliam.
L. Bp. Rochester.
L Bp Chichester.
L Bp St Davids
L Bp Bangor
L. Bp. Litch. & Cov.
L Willoughby Par.
L. Cornwallis.
L. Ducie.
L Monson.
L. Sandys.
L. Feversham.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 20o Martii

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor
Epus. Londin.
Epus Roffen.
Epus. Glocestr.
Epus Oxon.
Epus Wigorn.
Epus. Bristol.
Epus Sarum.
Epus Lincoln.
Epus Meneven.
Epus. Hereford.
Epus Exon
Epus Carliol.
Epus. Petriburg.
Epus. Bangor.
Epus. Asaphen.
Epus Landavens
Epus Norwic
Epus. Litch. & Cov.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Grafton, Camerarius.
Dux St. Albans
Dux Argyll
Dux Newcastle.
Dux Portland.
March. Rockingham
Comes Northampton.
Comes Warwick.
Comes Sandwich.
Comes Shaftesbury.
Comes Litchfield.
Comes Loudoun.
Comes Hyndford.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Ker
Comes Fitzwilliam.
Comes Powis
Viscount Fauconberg.
Ds Delawarr.
Ds Dudley
Ds Wentworth.
Ds Willoughby Par.
Ds Cornwallis.
Ds Hervey
Ds Masham.
Ds Cadogan.
Ds Ducie.

PRAYERS.

Walter's Bill.

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

To return the Bill, intituled, "An Act for explaining and amending several Powers contained in the Settlements made on the Marriage of Henry Walters Gentleman and Anne his Wife, and for rendering the same more effectual for the Purposes thereby intended," and to acquaint this House, that they have agreed to the same, without any Amendment.

Bate & al. Leave for a Bill to sell Barker's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Bate Clerk and others, praying Leave to bring in a Private Bill.

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 Sale of the Manor of Mursley, and other Estates in the County of Bucks, lately belonging to Hugh Barker the Younger, Esquire, deceased, pursuant to an Agreement made with him for that Purpose."

Sergison's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to sell Part of the settled Estate of Thomas Sergison Esquire; and to lay out the Money arising thereby in the Purchase of Lands and Hereditaments, to be settled in Lieu thereof," 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"

Ordered, That the said Bill be engrossed.

Nisbet's Bill.

The same Lord also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Nisbet of Dirleton Esquire, and the Heirs of Entail for the Time being, to make Leases of Lands in the County of Haddington, 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, and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Hog & al. against Hog & Fil

A Petition of Julia Hog and others, was presented, and read, praying, "In regard the Petitioners have some Time obtained a peremptory Day for the Respondents to answer their Appeal, that the same may be set down to be heard at such Time as to this House shall seem meet, the Petitioners having given Notice of this Application to the Respondents Agent."

And thereupon the Petitioners Agent was called in, and heard at the Bar.

And being withdrawn.

Ordered, That this Cause be heard ex Parte on this Day Sevennight, unless the Respondents put in their Answer to the said Appeal in the mean Time.

E Pembroke's Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to empower the Guardians of Henry Earl of Pembroke and Montgomery, an Infant, to make Leases of his Real Estate, during his Minority," stands committed, may meet on an earlier Day than now appointed, in regard the Session of Parliament is very far advanced.

And Consideration being had thereof accordingly.

Committee shortened

Ordered, That the said Standing Order be so far dispensed with in this Case, that the said Committee may meet, to consider of the said Bill, on Thursday next.

Lance's Bill, Committee shortened

The like Proceeding was had, in relation to the Bill, intituled, "An Act for making effectual an Agreement for Sale of a Messuage at Farley Hill, in the County of Berks, with the Appurtenances, late the Estate of Colonel Charles Lanoe, deceased, to Alexander Walker Esquire," except only that the Committee to whom the said Bill stands committed may meet, to consider thereof, on Monday next.

Shanley against Harrison & al

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Shanley Gentleman is Appellant, and John Harrison and others are Respondents:"

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

Westminster Market, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, An Act for assigning a Place proper for holding the Market in the City of Westminster, in Lieu of the ancient Market Place called The Round Woolstople, and for regulating the said Market"

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."

Copley's Divoice, Bill, Consideration put off

The Order of the Day being read, for the further Consideration of the 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 Counsel attending to be heard, as allowed by a former Order.

They were called in.

And it was admitted, by the Counsel for the said Anna Maria, "That due Service had been made, pursuant to the said Order"

And it being demanded by the House, "What Proceedings have been had in the Ecclesiatical Courts in relation to this Matter"

Their Lordships were informed upon Oath, "That a Sentence of Divorce having been given by the Consistory Court of the Bishop of London, and affirmed by the Court of Arches, upon an Appeal there; another Appeal had been brought by the said Anna Maria, in due Time, to a Court of Delegates, to which a Caveat has been entered on the Part of Mr Copley"

Whereupon the Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Bill be adjourned to this Day Two Months.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

  • 1. There is no Entry in the Original of this Bill being reported, it was committed the 7th Instant, vide p 418 a
  • 2. Sic