House of Lords Journal Volume 27
February 1748, 11-20

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History of Parliament Trust

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1767-1830

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169-173

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'House of Lords Journal Volume 27: February 1748, 11-20', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 169-173. URL: http://www.british-history.ac.uk/report.aspx?compid=114270 Date accessed: 28 July 2014.


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February 1748, 11-20

DIE Jovis, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Roffen.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Asaphen
Epus. Carliol
Epus. Petriburg.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Argyll.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Rochford.
Comes Jersey
Comes Lauderdale.
Comes Findlater.
Comes Oxford.
Comes Harborough.
Comes Fitzwilliam.
Viscount Townshend.
Ds. Willoughby Par.
Ds. North.
Ds Strange
Ds. Ward
Ds. Ducie.

PRAYERS.

Vexatious Arrests, to prevent, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to revive Two Acts of Parliament; One, made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests," and the other, made in the Fifth Year of His present Majesty's Reign, to explain, amend, and render more effectual, the said Act."

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

It was Resolved in the Affirmative.

Message to H C with an Amendment to it.

A Message was sent to the House of Commons, by Mr Holford and Mr. Montague.

To acquaint them, that the Lords have agreed to the said Bills, with One Amendment, whereunto their Lordships desire their Concurrence.

L Strange's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable James Stanley Esquire, commonly called Lord Strange, Eldest Son and Heir Apparent of Edward Earl of Derby, and his Issue by Lucy his Wife (late Lucy Smith), to take and use the Surname of Smith, and bear the Arms of Smith and Heriz."

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

It was Resolved in the Affirmative.

Message to H C with it.

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

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

Badbury Common Fields enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing certain Common Fields, in the Hamlet of Badbury, in the County of Wilts."

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

Ld. President.
L. Privy Seal.
D Argyll.
M. Tweeddale
E Northampton.
E Warwick
E Shaftesbury.
E. Rochford
E Jersey.
E Louderdale.
E Findlater
E. Oxford
E. Harborough
E. Fitzwilliam.
Viscount Townshend.
Ld. Abp. York
L. Bp Rochester.
L. Bp. Landaff
L. Bp. Bath & Wells
L. Bp. Lincoln.
L. Bp. Peterborough.
L. Willoughby Par
L. North
L. Strange.
L. Ward
L. Ducie.

Their Lordships, or any Five of them, to meet on Friday the 26th Instant, at the usual Time and Place, and to adjourn as they please.

Mrs Bancrost's Petition, relating to the Necessary Woman's Place.

Upon reading the Petition of Elizabeth Bancrost, who performs the Business of the Office of Necessary Woman to this Honourable House; setting forth "That, in the Year 1732, she was appointed by Sir Charles Dalton, late Gentleman Usher of the Black Rod, to do the said Business, and has ever since continued to perform the same accordingly, but the Petitioner is informed there is now a Dispute touching the Right of the original Place of Necessary Woman, and is apprehensive the same may affect her Right," and praying, "That the Petitioner may still continue to enjoy her said Employment without Interruption"

It is Ordered, That the said Petition be referred to the Committee appointed Yesterday to consider of the Petition of Mary Foord, in relation to the same Office, and that all the Lords who have been present this Session, and are not of that Committee, be added thereunto.

Subsidy and Lottery Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty a Subsidy of Poundage upon all Goods and Merchandizes to be imported into this Kingdom; and for raising a certain Sum of Money, by Annuities and a Lottery, to be charged on the said Subsidy, and for repealing so much of an Act, made in the Twentieth Year of His present Majesty's Reign, as enacts, That Prize Goods and Merchandize may be exported, without paying any Duty of Custom or Excise for the same," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Lunæ, 15o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Epus Lincoln.
Epus. Asaphen.
Epus. Meneven.
Epus. Exon.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Pembroke.
Comes Northampton.
Comes Warwick
Comes Litchfield.
Comes Lauderdale.
Comes Findlater.
Comes Fitzwilliam.
Viscount Townshend
Ds. Willoughby Par.
Ds. Ward.
Ds. Romney.
Ds. Ducie
Ds Raymond.
Ds Sandys.

PRAYERS.

Subsidy and Lottery Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a Subsidy of Poundage upon all Goods and Merchandizes to be imported into this Kingdom, and for raising a certain Sum of Money, by Annuities and a Lottery, to be charged on the said Subsidy, and for repealing so much of an Act, made in the Twentieth Year of His present Majesty's Reign, as enacts, That Prize Goods and Merchandize may be exported, without paying any Duty of Custom or Excise for the same"

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 16o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Meneven.
Epus. Exon.
Ds Hardwicke, Cancellarius.
Comes Gower, C P. S.
Comes Warwick.
Comes Coventry.
Comes Morton.
Comes Moray.
Comes Findlater.
Comes Leven.
Comes Harborough.
Comes Fitzwilliam.
Viscount Townshend.
Ds. Willoughby Par.
Ds. Ward
Ds Hay.
Ds Ducie.
Ds Raymond.
Ds. Sandys.

PRAYERS.

Cusse against Sir J Esmond.

The Answer of Sir John Esmond Baronet, to the Appeal of Denny Cuffe Esquire and his Wife, was brought in.

Relief of the Poor, by voluntary Charities, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better Relief of the Poor, by voluntary Charities."

Ordered, That the House be put into a Committee upon the said Bill, on this Day Month.

Subsidy and Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty a Subsidy of Poundage upon all Goods and Merchandizes to be imported into this Kingdom, and for raising a certain Sum of Money, by Annuities and a Lottery, to be charged on the said Subsidy, and for repealing so much of an Act, made in the Twentieth Year of His present Majesty's Reign, as enacts, That Prize Goods and Merchandize may be exported, without paying any Duty of Custom or Excise for the same."

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."

E Gower & al Petition referred to Judges.

Upon reading the Petition of John Earl Gower, and Granville Leveson Gower Esquire, commonly called Lord Viscount Trentham, Son and Heir Apparent of the said Earl, praying Leave to bring in a Bill, to enable the said Lord Viscount Trentham, with the Consent of his Father, during their joint Lives, and for the said Lord Viscount, after his Father's Decease, to make Provisions for such Younger Child or Children as the said Lord Viscount may have by any Woman that he shall happen to marry, and also for explaining, amending, and making more effectual, the Powers contained in a Settlement made upon the Marriage of the said Viscount with Elizabeth, only Daughter of Nicholas Fazakerley Esquire, for raising Portions, and for making Jointures, for the Benefit of the said Viscount and the several other Persons in Remainder, in such Manner as to the House shall seem meet.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Legge, with the usual Directions, according to the Standing Order.

Chetwynd's Petition referred to Judges.

Upon reading the Petition of Walter Chetwynd of Grendon in the County of Warwick Esquire (Eldest Son and Heir of Walter Chetwynd of Grendon aforesaid, Esquire, deceased, by Barbara Chetwynd his Wife, also deceased, who was Daughter and only Child of Barbara Goring Widow, who was Sister of Henry Fleetwood of Penwortham in the County of Lancaster Esquire, deceased), and of William Henry Chetwynd Gentleman, Younger Son of the same Walter Chetwynd the Father, by the said Barbara Chetwynd; praying Leave to bring in a Bill, for Sale of certain Estates in the County of Lancaster, in the Petition mentioned, to discharge the Encumbrances affecting the same, and for laying out the Surplus of the Money arising thereby in the Purchase of other Lands, to be settled to the same Uses as in a Settlement made by the said Henry Fleetwood, in the Petition also mentioned, is expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Cheif Baron of the Court of Exchequer and Mr. Baron Legge; with the usual Directions, according to the Standing Order.

Cuffe & Ux. against Sir. J. Esmond Also, Count Kildare against Burton & al.

The House being informed, "That Mr. Edward Clancey attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Denny Cuffe Esquire and his Wife are Appellants, and Sir John Esmond Baronet is Respondent, and in the Cause wherein Mary Countess of Kildare and others are Appellants, and Robert Burton and others Respondents"

Pleadings proved.

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem instantis Februarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus Roffen.
Epus Glocestriens.
Epus Bath & Wells.
Epus Meneven.
Epus Petriburg.
Ds Hardwicke, Cancellarius.
Comes Harborough.

PRAYERS.

Then,

In order to solemnize this Day, being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast,

Adjourn.

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

DIE Jovis, 18o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. Norwic.
Epus. Bristol.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Meneven.
Dux Cumberland.
Ds Hardwicke, Cancellarius
Comes Gower, C. P. S.
Dux St. Albans.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
March. Tweeddale.
Comes Pembroke.
Comes Carlisle.
Comes Rochford.
Comes Rothes.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Leven.
Comes Aberdeen.
Comes Strafford.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Comes Fitzwilliam.
Viscount Falmouth.
Viscount Harcourt.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Ward.
Ds. Conway.
Ds. Romney.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ravensworth.
Ds. Feversham.
Ds. Archer.

PRAYERS.

Dickson against Lockhart.

The Answer of George Lockhart of Carnwath Esquire, to the Appeal of David Dickson, was brought in.

D Ancaster takes the Oaths.

Peregrine Duke of Ancaster, Lord Great Chamberlain of England, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lockhart against Dickson.

Upon reading the Petition and Cross Appeal of George Lockhart of Carnwath Esquire, complaining of an Interlocutor of the Lord Ordinary, of the 2d of July 1740, and also of another Interlocutor of his Lordship, of the 10th of November following, adhering thereto, and likewise of an Interlocutor of the Lords of Session in Scotland, of the 19th of June 1741, whereby they adhered to the Lord Ordinary's Interlocutor, made on the Behalf of David Dickson, and praying, That the same may be reversed, and such other Relief given the Appellant as (fn. 1) to this House in their great Wisdom shall seem meet.

It is Ordered, That the said David Dickson may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 17th Day of March next, and that Service of this Order on his Agents or Procurators before the Court of Session, be deemed good Service.

Thanks to the Bp. of Peterborough, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Peterborough, for the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster, and he is hereby desired to cause the same to be printed and published.

Subsidy and Lottery Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty a Subsidy of Poundage upon all Goods and Merchandizes to be imported into this Kingdom, and for raising a certain Sum of Money, by Annuities and a Lottery, to be charged on the said Subsidy, and for repealing so much of an Act made in the Twentieth Year of His present Majesty's Reign, as enacts that Prize Goods and Merchandize may be exported without paying any Duty of Custom or Excise for the same."

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. Sawyer and Mr. Montague

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

Messages from thence, to return the Bill to prevent vexatious Arrests.

A Message was brought from the House of Commons, by Sir Richard Lloyd and others.

To return the Bill, intituled, "An Act to revive Two Acts of Parliament, One made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests," and the other made in the Fifth Year of His present Majesty's Reign, to explain, amend, and render more effectual, the said Act," and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

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 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 Subsidy Bill to be passed, 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 follow, (videlicet,)

Bills passed.

"1 An Act for granting to His Majesty a Subsidy of Poundage upon all Goods and Merchandizes to be imported into this Kingdom, and for raising a certain Sum of Money, by Annuities and a Lottery, to be charged on the said Subsidy, and for repealing so much of an Act made in the Twentieth Year of His present Majesty's Reign, as enacts, that Prize Goods and Merchandize may be exported without paying any Duty of Custom or Excise for the same"

To this Bill the Royal Assent was pronounced in the Words following, (vidclicet,)

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

"2. An Act to revive and make perpetual Two Acts of Parliament, One, made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests," and the other, made in the Fifth Year of His present Majesty's Reign, to explain, amend, and render more effectual, the said Act."

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

"Le Roy le veult."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Assurance on French Ships, &c to prohibit, Bill.

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

With a Bill, intituled, "An Act to prohibit Assurance on Ships belonging to France, and on Merchandizes or Effects laden thereon, during the present War with France," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ross to enter into Recognizance for Lockhart.

The House being moved, "That Alexander Ross Gentleman, may be permitted to enter into a Recognizance for George Lockhart of Carnwath Esquire, on account of his Appeal depending in this House, he being in Scotland."

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

Treason in The Highlands of Scotland, Punishment of, &c. Bill.

The Lord Chancellor presented to the House a Bill, intituled, "An Act for the more effectual Trial and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing in certain Criminal Prosecutions, and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and their Substitutes, and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the same be printed.

Adjourn.

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

Footnotes

1 Deest in Originali