Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 26: February 1744, 11-20', in Journal of the House of Lords Volume 26, 1741-1746, (London, 1767-1830) pp. 309-316. British History Online https://www.british-history.ac.uk/lords-jrnl/vol26/pp309-316 [accessed 25 April 2024]
In this section
February 1744, 11-20
DIE Martis, 14o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Arch. Ebor. Epus. Sarum. Epus. Exon. Epus. Glocestriens. Epus. Wigorn. Epus. Norwic. Epus. Cicestriens. Epus. Landavens. Epus. Bath & Wells. Epus. Bangor. |
Ds. Hardwicke, Cancellarius. Dux Dorset, Senescallus. Dux Leeds. Dux Argyll. Dux Newcastle. Dux Bridgewater. March. Tweeddale. Comes Northampton. Comes Warwick. Comes Chesterfield. Comes Carlisle. Comes Aylesbury. Comes Litchfield. Comes Coventry. Comes Poulet. Comes Morton. Comes Moray. Comes Home. Comes Loudoun. Comes Oxford. Comes Strafford. Comes Harborough. Comes Graham. Comes Ker. Comes Fitzwalter. Comes Malton. Comes Offord. Comes Bath. Comes Portsmouth. Viscount Townshend. Viscount Hatton. Viscount St. John. |
Ds. Carteret, Unus Primariorum Secretariorum. Ds. Willoughby Par. Ds. North. Ds. Clifton. Ds. Maynard. Ds. Strange. Ds. Berkeley. Ds. Cornwallis. Ds. Gower. Ds. Conway. Ds. Hervey. Ds. Somerville. Ds. Foley. Ds. Bathurst. Ds. (fn. 1) Onslow. Ds. Ducie. Ds. Walpole. Ds. Hobart. Ds. Monson. Ds. Raymond. Ds. Ilchester. Ds. Fitzwilliam. Ds. Edgecumbe. Ds. Sandys. Ds. Herbert. |
PRAYERS.
Jones against Leigh.
The several Answer of Francis Leigh Esquire, to the Appeal of Jasper Jones Esquire and Frances his Wife, was brought in.
As was also the several Answer of Richard Leigh, an Infant, by John Tasker the Elder, his Guardian, to the same Appeal.
Ritter's Nat. Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Lorentz Bastian Ritter," 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.
Clarke & al. for Sale of Bagnall's Estate, Bill
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Capital Messuage at Roughampton, and divers Lands and Hereditaments in the County of Surrey, late the Estate of Joseph Bagnall Esquire, deceased; and for purchasing another Estate, to be settled to the Uses of his Will."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
|
Ld. Privy Seal. D. Leeds. D. Argyll. D. Bridgewater. M. Tweeddale. E. Northampton. E. Warwick. E. Chesterfield. E. (fn. 2) Litchfield. E. Coventry. E. Poulet. E. Morton. E. Home. E. Oxford. E. Strafford. E. Harborough. E. Graham. E. Fitzwalter. E. Offord. E. Bath. E. Portsmouth. V. Townshend. |
L. B. Sarum. L. B. Exeter. L. B. Gloucester. L. B. Worcester. L. B. Norwich. L. B. Bangor. |
Ld. Carteret, Secretary. L. Willoughby Par. L. North. L. Clifton. L. Maynard. L. Strange. L. Cornwallis. L. Conway. L. Hervey. L. Somerville. L. Foley. L. Bathurst. L. Onslow. L. Walpole. L. Monson. L. Ramond. L. Ilchester. L. Fitzwilliam. L. Sandys. L. Herbert. |
Their Lordships, or any Five of them; to meet on Wednesday the 29th Day of this Instant February, at the usual Time and Place; and to adjourn as they please.
Motion to dispense with Standing Order.
The House being moved, "That the Standing Order, in relation to Bills for selling Lands in One Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the last mentioned Bill stands committed may proceed thereon, notwithstanding no Agreement is yet made for the Purchase of other Lands, in which the Money that may arise from the said Sale is to be invested:"
Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.
Mareham le Fen Commons enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common called The Severals, and the Moor, lying in the Manor and Parish of Mareham Le Fen, in the County of Lincoln."
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 the same Day, at the same Place; and to adjourn as they please.
Bassledon Heath enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing the Common, or Waste Ground, called Basledon-heath, in the County of Berks."
Ordered, That the said Bill be committed to the Consideration of the same Committee:
Their Lordships, or any Five of them; to meet on Tuesday the 28th Instant, at the usual Time and Place; and to adjourn as they please.
North Stoneham Common enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming Agreements made for enclosing and dividing Part of North Stoneham Common, in the County of Southampton."
Ordered, That the said Bill be committed to the Consideration of the same Committee:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Clarkes to take the Name of Stewart, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, to take and use the Surname of Stewart, pursuant to the Will of James Stewart deceased."
Ordered, That the said Bill be committed to the same Committee:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.
Malt Bill.
A Message was brought from the House of Commons, by Mr. Francis Fane and others:
With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-four;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Crawfurd to enter into Recognizance for E. Selkirk & al.
The House being moved, "That Patrick Crawfurd Esquire may be permitted to enter into a Recognizance for John Earl of Selkirk and Ruglen and others, on account of their Appeal depending in this House; they being in Scotland:"
It is Ordered, That the said Patrick Crawfurd may enter into a Recognizance for the Appellants, as desired.
Vagabonds Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.
Cunningham against Gainer.
Upon reading the Petition and Appeal of Elizabeth Cunningham, Daughter of Robert Cunningham, late of Cayen, in the Island of St. Christophers, deceased; complaining of an Interlocutory Sentence of the Sheriff of Ayer, of the 16th of December last; and also of an Interlocutory Sentence of the Lords of Session in Scotland, made on the Behalf of Mary Gainer, alias Dalrymple; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet:"
It is Ordered, That the said Mary Gainer, alias Dalrymple, may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 13th Day of March next; and that Service of this Order on her Procurators or Agents, before the said Sheriff of Ayer and Court of Session be deemed good Service.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum quintum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 15o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
(fn. 3) Arch. Ebor. Epus. Hereford. Epus. Sarum. Epus. Exon. Epus. Glocestriens. Epus. Oxon. Epus. Wigorn. Epus. Cicestriens. Epus. Landavens. Epus. Bath. & Wells. Epus. Bangor. |
Dux Cumberland. Ds. Hardwicke, Cancellarius. Comes Cholmondeley, C. P. S. Dux Dorset, Senescallus. Dux Grafton, Camerarius. Dux Richmond. Dux Beaufort. Dux St. Albans. Dux Marlborough. Dux Montagu. Dux Argyll. Dux Newcastle. Dux Portland. Dux Manchester. Dux Bridgewater. March. Tweeddale. Comes Pembroke. Comes Lincoln. Comes Suffolk. Comes Northampton. Comes Winchilsea. Comes Chesterfield. Comes Thanet. Comes Sandwich. Comes Aylesbury. Comes Litchfield. Comes Berkeley. Comes Holdernesse. Comes Coventry. Comes Jersey. Comes Poulet. Comes Morton. Comes Moray. Comes Home. Comes Loudoun. Comes Dunmore. Comes Oxford. Comes Strafford. Comes Rockingham. Comes Halifax. Comes Stanhope. Comes Harborough. Comes Pomfret. Comes Graham. Comes Fitzwalter. Comes Effingham. Comes Malton. Comes Offord. Comes Bath. Viscount Fauconberg. Viscount Townshend. Viscount Lonsdale. Viscount St. John. Viscount Falmouth. Viscount Harcourt. Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum. Ds. Abergavenny. Ds. Delawarr. Ds. Willoughby Par. Ds. Clifton. Ds. Maynard. Ds. Strange. Ds. Berkeley. Ds. Cornwallis. Ds. Gower. Ds. Conway. Ds. Hervey. Ds. Somerville. Ds. Foley. Ds. Bathurst. Ds. Onslow. Ds. Romney. Ds. Cadogan. Ds. Ducie. Ds. Walpole. Ds. Hobart. Ds. Monson. Ds. Lovel. Ds. Raymond. Ds. Talbot. Ds. Montfort. Ds. Ilchester. Ds. Fitzwilliam. Ds. Edgecumbe. Ds. Sandys. Ds. Herbert. |
PRAYERS.
Clarke & al. for Sale of Bagnall's Estates, Bill.
The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispens ing with the Standing Order of this House, in relation to Bills to sell Lands in One Place, and buy Lands in another, so far as that the Committee to whom the Bill, intituled, "An Act for Sale of the Capital Messuage at Roughampton, and divers Lands and Hereditaments, in the County of Surrey, late the Estate of Joseph Bagnall Esquire, deceased, and for purchasing another Estate, to be settled to the Uses of his Will," may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, as is directed to be done by the Standing Order.
Which being also read:
Ordered, That the same be dispensed with in this Case.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-four."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Ritter's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Lorentz Bastian Ritter."
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. Allen and Mr. Edwards:
To carrry down the said Bill, and desire their Concurrence thereunto.
Clarkes to take the Name of Stewart, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, to take and use the Surname of Stewart, pursuant to the Will of James Stewart, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Affidavits in the Courts of the Dutchy of Lancaster, Bill.
A Message was brought from the House of Commons, by Mr. Shuttleworth and others:
With a Bill, intituled, "An Act for taking and swearing Affidavits, to be made Use of in any of the Courts of the County Palatine of Lancaster;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Powys, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Powys Esquire and Katherine his Wife; 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 vesting Part of the settled Estate of Edward Powys Esquire and Katherine his Wise in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his said Wife, and their Issue, and of Thomas Powys Esquire, and his Heirs and Assigns."
The King's Message concering an Invasion:
The Duke of Newcastle 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 this House."
And the same was read, by the Lord Chancellor; and is as follows:
"GEORGE R.
"His Majesty, having received undoubted Intelligence, that the Eldest Son of the Pretender to His Crown is arrived in France; and that Preparations are making there, to invade this Kingdom, in Concert with disaffected Persons here; and that such Invasion is to be supported by the Squadron of French Men of War which has been cruizing several Days in The British Channel: His Majesty has judged it proper to acquaint the House of Lords with an Intelligence of such high Importance to His Crown, and to the Peace and Security of these Kingdoms. And His Majesty doubts not, from the experienced Zeal, Duty, and Affection, of the House of Lords, that they will strengthen His Hands, and concur in all such Measures as shall be necessary for disappointing and defeating so dangerous an Attempt, and for the Security of His Person and Government, and the Religion, Laws, and Liberties, of these Kingdoms."
Order for an Address of Thanks:
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for having been graciously pleased to communicate to this House, that He has received undoubted Intelligence of the Pretender's Eldest Son being arrived in France, and of the Preparations which are making there to invade this Kingdom, in Concert with disaffected Persons here; and to assure His Majesty, that this House looks with the utmost Indignation upon so insolent and desperate an Attempt; and will, with the warmest Zeal and Unanimity, take the most effectual Measures to enable His Majesty to disappoint and defeat the Designs of His Enemies, both at Home and Abroad; and that this House will stand by His Majesty, with their Lives and Fortunes, in Support of His Majesty's Royal Person, Family, and Government, upon which, under God, do entirely depend the Religion, Laws, and Liberties, of these Kingdoms."
Message to the Commons, to continue sitting:
A Message was sent to the House of Commons, by Mr. Allen and Mr. Edwards, to desire that they will continue sitting for some Time.
Address to be drawn:
Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the abovementioned Order; and report to the House; (videlicet,)
|
Ld. Privy Seal. Ld. Steward. D. Marlborough. D. Newcastle. E. Winchilsea. E. Chesterfield. V. Lonsdale. |
Ld. Delawarr. Ld. Lovel. |
Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings; and to adjourn as they please.
The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
And the Duke of Marlborough reported from the said Committee, an Address drawn by them.
Which, being read by the Clerk, was agreed to by the House; and is as follows:
Address reported:
"Most Gracious Sovereign.
"We Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, return Your Majesty our humble Thanks, for having been graciously pleased to acquaint us, that You have received undoubted Intelligence of the Pretender's Eldest Son being arrived in France, and of the Preparations which are making there to invade this Kingdom, in Concert with disaffected Persons here.
"As this Mark of Your Majesty's just Confidence in us demands our most grateful Acknowledgements; so we cannot but look upon such a Design with the utmost Indignation and Abhorrence.
"Loyalty, Duty, and Affection to Your Majesty, Concern for ourselves and our Posterity, every Interest, and every Motive, that can warm or engage the Hearts of Britons and Protestants, call upon us, on this important Occasion, to exert our utmost Endeavours, that, by the Blessing of God, Your Enemies may be put to Confusion: And we do, with the greatest Sincerity and Firmness, give Your Majesty the strongest Assurances, that we will, with the warmest Zeal and Unanimity, take the most effectual Measures, to enable Your Majesty to frustrate and defeat so desperate and insolent an Attempt, and to secure and preserve Your Royal Person and Government, and the Religion, Laws, and Liberties, of these Kingdoms.
"And we beg Leave to declare to Your Majesty, and to the whole World, that it is the fixed Resolution and Purpose of our Hearts, at the Hazard of our Lives and Fortunes, to support and defend Your Majesty, and Your undoubted Right and Title to the Crown of these Realms, and the Protestant Succession in Your Royal House, in Opposition to, and Defiance of, the Pretender and His Adherents, and all other Your Majesty's Enemies."
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Baron Reynolds and Mr. Justice Dennison:
To carry down the said Address, and desire their Concurrence thereto.
The House was adjourned during Pleasure.
The House was resumed.
The Messengers sent to the House of Commons, to desire that they would continue sitting for some Time, being returned, acquainted the House, "That they had delivered their Message; and that the Commons will continue sitting for some Time, as desired."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 16o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Clarkes to take the Name of Stewart, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, to take and use the Surname of Stewart, pursuant to the Will of James Stewart, deceased."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Allen and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Powys's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Edward Powys Esquire and Katherine his Wife in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his said Wife and their Issue, and of Thomas Powys Esquire and his Heirs and Assigns."
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 the 2d Day of March next, at the usual Time and Place; and to adjourn as they please.
Affidavits in the Dutchy Courts of Lancaster, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for taking and swearing Affidavits to be made Use of in any of the Courts of the County Palatine of Lancaster."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.
Grant's Appeal, Order for answering renewed.
Upon reading the Petition of Captain Alexander Grant of Grantsfield, and John Thain Advocate in Aberdeen; praying, "In regard the Order made the 24th of January last, for answering the Petitioner's Appeal, has, in sending by the Post, by some Accident miscarried; that the same may be renewed; and that the Petitioners may have Leave to amend their Appeal, by altering the Christian Name of the Respondent from James to Patrick, a Mistake having been made in the Engrossment; they amending the Respondent's Copy:"
It is Ordered, That the said Respondent Patrick Duguid do put in his Answer to the said Appeal on or before Thursday the 15th Day of March next; and that the Appellants may amend the same, on the Condition abovementioned.
Address returned from H. C. agreed to.
A Message was brought from the House of Commons, by the Marquis of Hartington and others:
To return the Address of this House to His Majesty, sent down to them Yesterday; and to acquaint their Lordships, "That they have agreed to the same, by filling up the Blank with ["and Commons"]."
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be pleased to appoint to be attended with an Address of both Houses of Parliament, agreed to Yesterday.
Message from thence, to return Carre's Bill.
A Message was brought from the House of Commons, by Sir John Gordon and others:
To return the Bill, intituled, "An Act to enable Mr. John Carre of Cavers, Advocate, to sell Lands in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Malt Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Forty-four."
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."
Vagabonds Bill.
The like Proceeding was had, on the Bill, intituled, An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."
Martin against Strachan & al. in Error.
Ordered, That the Hearing of the Cause on the Writ of Error depending in this House, wherein John Martin, on the Demise of Thomas Tregonwell Esquire, is Plaintiff, and John Strachan the Younger and Luke Harrison are Defendants, which is appointed for Tomorrow, be put off to Wednesday next; and that the Judges do attend the House, at the said Hearing.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 17o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
| Epus. Bangor. |
Ds. Hardwicke, Cancellarius. Dux Dorset, Senescallus. Dux Leeds. Comes Aylesbury. Comes Moray. Comes Strafford. |
Ds. Willoughby Par. Ds. Raymond. |
PRAYERS.
Menzies against Macdonald.
The Answer of Angus Macdonald of Kenknock Gentleman, to the Appeal of James Menzies, was brought in.
His Majesty to be attended with the Address:
The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with an Address of both Houses of Parliament; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of St. James's."
Message to H. C. to acquaint them with it.
Then, a Message was sent to the House of Commons, by Mr. Edwards and Mr. Spicer:
To acquaint them, "That His Majesty had appointed to be attended with the said Address this Day, at Two o'Clock, at His Palace of St. James's; and that the Lords intend to be there at that Time."
E. Moray to amend his Appeal.
Upon reading the Petition of James Earl of Moray; setting forth, "That, on the 9th Day of this Instant February, an Appeal of the Petitioner was presented to this House, complaining of Part of an Interlocutor of the Court of Session in Scotland, of the 17th of November 1743, and of an Interlocutor of the 25th of January last; and that his Agent was Yesterday, and not before, informed that a subsequent Interlocutor of the Lord Ordinary was made, the Beginning of this Month, on the Behalf of Charles Ross Esquire, Respondent to the Petitioner's said Appeal;" and praying, "That he may be at Liberty to amend the same, by inserting the said Interlocutor so omitted, dated the 1st, and signed the 2d, Day of this Instant February, upon his amending the Respondent's Copy:"
It is Ordered, That the Petitioner have Leave to amend his said Appeal, as desired, on the Condition abovementioned.
Scot to enter into Recognizance for Cunningham.
The House being moved, "That John Scot of London Merchant may be permitted to enter into a Recognizance for Elizabeth Cunningham, on account of her Appeal depending in this House; she being in Scotland:"
It is Ordered, That the said John Scot may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 18o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Sarum. Epus. Bangor. |
Ds. Hardwicke, Cancellarius. Comes Warwick. Comes Pomfret. Comes Malton. Viscount Lonsdale. |
Ds. Willoughby Par. Ds. Maynard. Ds. Foley. Ds. Ducie. Ds. Raymond. |
PRAYERS.
Leigh against Bennet & al.
The joint and several Answer of John Bennet and Mary his Wife, and Henry Spencer and Anne his Wife, to the Appeal of Francis Leigh Esquire, was brought in:
As was also, the Answer of William Vade, to the same Appeal.
The King's Answer to the Address of both Houses.
The Lord Chancellor reported, "That both Houses did Yesterday present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer:
"My Lords, and Gentlemen,
"I thank you heartily for this zealous and affectionate Address. I make no Doubt but the Vigour and Unanimity which you have expressed on this Occasion will, by the Blessing of God, enable Me to defeat the evil Designs of our Enemies; and you may be assured, that no Care or Precaution has been, or shall be, wanting on My Part, for the Defence and Welfare of My Kingdoms."
Ordered, That His Majesty's most Gracious Message on Wednesday last, the Address of both Houses of Parliament to His Majesty thereupon, and His Majesty's most Gracious Answer to the said Address, be forthwith printed and published.
L. Abergavenny, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of William Lord Abergavenny; 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 settling a Capital Messuage, Lands, and Hereditaments, in East Grinstead, in the County of Sussex, to divers Uses therein mentioned, for the Benefit of William Lord Abergavenny and his Family, as an Equivalent for a Sum of Money appointed by a former Act to be laid out in the Purchase of Lands for that Purpose."
Bowater & Ux. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Bowater Esquire and his Wife; 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 the Sale of certain Houses and Ground in Woolwich, Part of the settled Estate of Edward Bowater Esquire, pursuant to an Agreement with the Commissioners of the Navy; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."
Malt Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-four."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Vagabonds, punishing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
Causes put off.
Ordered, That the Cause wherein Andrew Savage Esquire is Appellant, and Godfrey Echlin Gentleman Respondent, which stands appointed to he heard on Monday next, be put off to Tuesday; and the Cause upon the Writ of Error, wherein John Martin is Plaintiff, and John Strachan Defendant, which stands for Wednesday next, be put off to Thursday; and the Judges then to attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
21st March, 1744. Hitherto examined by us,
Portland.
Shaftesbury.
Ward.
DIE Lunæ, 20o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Pleadings proved in several Causes.
The House being informed, "That Mr. Clancey attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, in the Cause wherein Lady Viscountess Dowager Donneraile is Appellant, and Lord Viscount Donneraile Respondent; and in the Cause wherein Jonas Devonsher is Appellant, and Hugh Henry and others are Respondents; and also in the Cause wherein Sir Richard Mead Baronet is Appellant, and Daniel Webb Respondent:"
He was called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies; he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
L. Abergavenny's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for settling a Capital Messuage, Lands, and Hereditaments, in East Grinstead, in the County of Sussex, to divers Uses therein mentioned, for the Benefit of William Lord Abergavenny and his Family, as an Equivalent for a Sum of Money appointed by a former Act to be laid out in the Purchase of Lands for that Purpose."
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 Tuesday the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.
Bowater's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Sale of certain Houses and Ground in Woolwich, Part of the settled Estate of Edward Bowater Esquire, pursuant to an Agreement with the Commissioners of the Navy; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."
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 the same Day, at the same Place; and to adjourn as they please.
Messages to H. C. to return Westonbirt Common enclosing Bill;
A Message was brought from the House of Commons, by Mr. Bathurst and others:
To return the Bill, intituled, "An Act for dividing and enclosing the Common Fields called The North Field and South Field, in the Parish of Westonbirt, in the County of Gloucester;" and to acquaint this House, that they have agreed to the same, without any Amendment.
New Malton Butter, packing, Bill.
A Message was brought from the House of Commons, by Colonel Mostyn and others:
With a Bill, intituled, "An Act to prevent the committing of Abuses in the weighing and packing of Butter, in the Town and Borough of New Malton, in the County of York;" to which they desire the Concurrence of this House.
Shipton Common Fields, enclosing, Bill.
A Message was brought from the House of Commons, by Mr. Greenville and others:
With a Bill, intituled, "An Act for dividing and enclosing certain Common Fields, in the Hamlet of Shipton, in the Parish of Winslow, in the County of Bucks;" to which they desire the Concurrence of this House.
The Two last mentioned Bills were read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.