House of Lords Journal Volume 27: December 1747

December 1747

DIE Martis, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lords take the Oaths.

Robert Earl of Holdernesse, John Earl of Rothes, John Earl of Loudoun, Benjamin Earl Fitzwalter, William Viscount Hatton, John Lord Delawarr, and Samuel Lord Masham, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, the said Lord Delawarr having first delivered in a Certificate of his recerving the Sacrament, to the Truth whereof Witnesses were sworn and examired.

Dunn against Merry.

Upon reading the Petition and Appeal of Edward Dun Esquire, complaining of a Decree of the Court of Exchequer in Ireland, of the 28th of June 1746, in a Cause wherein Thomas Merry was Plaintiff, and the Appellant Defendant, and praying, "That the same may be reversed, and such other Order made for the Appellant's Relief as to this House in their great Wisdom and Justice shall seem meet"

It is Ordered, That the said Thomas Merry may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 5th Day of January next, and that Service of this Order on his Attorney in the said Court of Exchequer be deemed good Service.

Scott against Fullerton & al.

Upon reading the Petition and Appeal of James Scott of Brothertoun, Son and Heir of Hercules Scott of Brothertoun Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of July 1743, and an Interlocutor of the Lord Ordinary, of the 9th of December following, and also of another Interlocutor of his Lordship, of the 21st of June 1744, and of his Adherence thereto, the 10th of July following, and likewise of an Interlocutor of the Lords of Session, of the 12th of June 1746, and of then Adherence thereto, the 17th of July following, as also of an Interlocator of the Lord Ordinary, of the 23d of the same Month, made on the Behalf of Thomas Fullerton of Galdrow, John Fullerton of Cowre, John Turnbull of Strickathrow, and Robert Ramsay Merchant in Edinburgh, and praying, "That the same may be, in the several Particulars specified in the said Appeal, reversed, altered, or varied, and such other Relief given the Appellant as to the House shall seem meet"

It is Ordered, That the several Persons last named may have a Copy of the said Appeal, and they are hereby required to put in then Answer or respective Answers thereunto, in Writing, on or before Tuesday the 29th Day of this Instant December, and that Service of this Order on then Procurators or Agents in the Court below be deemed good Service.

Countess of Anglesey to be admitted in Forma Pauperis

A Petition of Anne Countess of Anglesey, Wife of Richard Earl of Anglesey, was presented, and read, praying to be admitted to prosecute her Appeal, depending in this House, in Forma Pauperis, and that Alexander Hume Campbell and William Brown Esquries may be assigned her Counsel, and Mr. Gilbert Douglas her Soltcitor.

And thereupon an Affidavit, made by the Petitioner, "That she is not worth Five Pounds in the World, the Matter in Question upon her Appeal and her Wearing Apparel only excepted," being read.

Ordered, That the Petitioner be admitted to prosecute her Appeal in Forma Pauperis, as desired, and that the said Alexander Hume Campbell and William Brown be assigned her for her Counsel, and Gilbert Douglas for her Solicitor.

Countess of Anglesey against Anglesey.

A Petition of the said Countess of Anglesey, was presented, and read, setting forth, "That her Appeal, to which the said Earl of Anglesey is Respondent, stands to be heard To-morrow, but that she has been disabled, by Poverty, from preparing herself properly for such Hearing," and praying, "That the same may be put off to such Day, after Christmas Holidays, as this House shall think fit"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off accordingly to the First Day for Causes after Christmas next.

Garden against Rigg.

A Petition of Alexander Garden Esquire, was presented, and read, praying, "In regard the Hearing of the Petitioner's Appeal, to which Thomas Rigg Lsquire is Respondent, stands to come on in Course on Friday next, and the Lord Advocate for Scotland, One of the Petitioner's Counsel at the hearing the said Cause in Part the last Session of Parliament, being now in Scotland, and not expected here for some Time, that the same may be adjourned to such other Time as this House shall think fit."

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

And being withdrawn.

Ordered, That the said Hearing be put off to the Second Day for Causes after Christmas next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurn, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 2^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Abp of Canterbury takes the Oaths.

Thomas Lord Archbishop of Canterbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Proceedings of Commissioners for Westminster Bridge delivered.

The House being informed, "That Sir Joseph Ayloffe, from the Commissioners for building a Bridge at Westminster, attended"

He was called in, and delivered, at the Bar,

"A State of the Proceedings of the Commissioners of Westminster Bridge, from 25th November 1746, to 13th October 1747, both inclusive, together with Contracts made by the Commissioners of Westm'r Bridge, between 25th November 1746 and 13th October 1747, both inclusive"

And also, "Accompts of the Treasurer to the Commissioners of Westm'r Bridge, from 29th September 1746, to 29th September 1747,"

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, being read.

Ordered, That the same do lie on the Table.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bp of Salisbury takes the Oaths.

Thomas Lord Bishop of Salisbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Johnson to enter into Recognizance for Scott.

The House being moved, "That Claud Johnson may be permitted to enter into a Recognizance for James Scott of Brothertoun Esquire, on account of his Appeal depending in this House, he being in Scotland"

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

M'Carthy to enter into Recognizance for Dann.

The like Motion and Order was made, for James M'Carthy to enter into a Recognizance for Edward Dunn Esquire, on account of his Appeal, for a Reason of the same Nature.

Adjourn.

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

DIE Martis, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Grart against Robertion.

Upon reading the Petition and Appeal of Francis Grant Merchant in Edinburgh, complaining of Two Interlocutors of the Lord Ordinary, of the 23d of June and 12th of November last, and also of an Interlocutor of the Lords of Session in Scotland, of the 25th of the same November, made on the Behalf of Archibald Robertson, and praying, "That the same may be reversed, and that the Appellant may have such further Relief as (fn. 1) to this House in their great Wisdom shall seem meet"

It is Ordered, That the said Archibald Robertson may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 5th Day of January next, and that Service of this Order on the Respondent's Counsel or Agents be deemed good Service.

Cahill to amend Appeal.

Upon reading the Petition of John Cahill Esquire, setting forth, "That his only Son died in the Month of May last, having, by his Will, devised to the Petitioner all his Interest in the Matters in Question, in the Cause wherein he and his said Son were Appellants, and Nicholas Moore and others Respondents, whereby the same is entirely vested in the Petitioner," and praying, "That he may be at Liberty to proceed in the said Cause, touching the whole Interest in the said Matters."

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, by making himself the Devisee of his said Son, and proceed thereupon accordingly, he amending the Respondents Copy.

Adjourn.

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

DIE Jovis, 10^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britoin 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-eight," to which they desire the Concurience of this House.

De Missys Nat, Bill.

A Message was brought from the House of Commons, by Sir John Cust and others.

With a Bill, intituled, "An Act for naturalizing Cæsar de Missy and Charles de Missy," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Ld North and Guildford takes the Oaths.

Francis Lord North and Guilford 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 2^a 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 Fortyeight."

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

De Missy's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Cæsar de Missy and Charles de Missy."

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 next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers, and to adjourn as they please.

Adjourn.

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

DIE Martis, 15^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lords take the Oaths.

James Earl of Northampton, Anthony Earl of Shaftesbury, and Earl of Leven, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

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-eight."

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"

De Missy's Nat Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Cæsar de Missy and Charles de Missy," (fn. 2) 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"

Garden to enter into Recongnizance for Grant.

The House being moved, "That Robert Gorden of the Middle Temple London Gentleman may be permitted to enter into a Recognizance for Francis Grant Merchant, on account of his Appeal depending in this House, he being in Scotland"

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

Adjourn.

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

DIE Mercurii, 16^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

Dux Cumberlandiæ.

PRAYERS.

Lords take the Oaths.

William Earl Graham and George Lord Hay 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 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 Fortyeight."

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

It was Resolved in the Affirmative.

De Missys Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Cæsar de Missy and Charles de Missy."

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 Bill.

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

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present.

His Majesty, being seated on the Throne, with the accustomed Ceremonies, the Prince of Wales and the Duke of Cumberland, in their Robes, sitting in their respective Places, the Lords being also in their Robes, the Gentleman Usher of the Black Rod received His Majesty's Commands, 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 Malt Bill, delivered the same to the Clerk, who brought it to the Table, where the Clerk of the Crown read the Title of that and the other Bill ready for the Royal Assent, as follows, (videlicet,)

Bills passed.

"1 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-eight"

To this Bill the Royal Assent was pronounced, in these Words, (videlicet,)

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

"2. An Act for naturalizing Cæsar de Missy and Charles de Missy"

To this Bill the Royal Assent was pronounced, in these Words, (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire, and the Commons withdrew.

Bp of Carlisle to preach the 30th Instant.

Ordered, That the Lord Bishop of Carlisle be, and he is hereby, desired to preach before this House, in the Abbey Church Westminster, on the 30th Day of January next.

Wight & al against Sewart.

Whereas Monday next is appointed, for hearing the Cause wherein Andrew Wight and others are Appellants, and Rachael Stewart is Respondent.

It is Ordered, That the Hearing of the said Cause be put off to the First Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem Januarii jam prox sequen. hora un decima Auroræ, Dominis sic decernentibus.