House of Lords Journal Volume 27
February 1749, 11-20

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History of Parliament Trust

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1767-1830

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279-283

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'House of Lords Journal Volume 27: February 1749, 11-20', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 279-283. URL: http://www.british-history.ac.uk/report.aspx?compid=114286 Date accessed: 26 July 2014.


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February 1749, 11-20

DIE Lunæ, 13o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch Ebor
Epus. Roffen.
Epus. Glocestr
Epus. Cicestriens
Epus. Bath. & Wells
Ds Hardwicke, Cancellarius.
March. Lothian.
Comes Northampton
Comes Warwick.
Comes Aberdeen
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwilliam.
Viscount Folkestone.
Ds Willoughby Par.
Ds Maynard.
Ds Strange
Ds Cornwallis.
Ds Onslow
Ds Feversham.
Ds. Rolle

PRAYERS.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fortynine"

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

It was Resolved in the Affirmative.

Message to H C that the Lords agree to it.

A Message was sent to the House of Commons, by Mr. Bennett and Mr Thurston

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

Rash's Divorce Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Samuel Rash Gentleman with Dorothy Fuller his now Wife, and to enable him to marry again, and for other Purposes therein mentioned"

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.

Harrison to take the Name of Kimpson, Bill.

The Earl of Warwick, pursuant to the Order of this House on Tuesday last, presented to their Lordships a Bill, intituled, "An Act for authorizing and empowering Thomas Harrison to take and use the Surname of Kimpson, in Performance of the Condition contained in the Will of Thomas Kimpson Clerk, deceased."

And the same was read the First Time.

Nether Heyford Common enclosing Leave for a Bill.

Upon reading the Petition of Arthur Earl of Powis, and of the several other Persons whose Names are thereunto subscribed, being Owners and Proprietors of Lands and Grounds, in the Common or Open Field of Nether Heyford, in the County of Northampton, praying Leave to bring in a Bill, to enclose certain Common Fields, lying within the Parish of Nether Heyford aforesaid.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Sir David Cunninghame, peremptorily to answer Whitefoord's Appeal.

The House was informed, "That Sir David Cunninghame, Respondent to the Appeal of James Whitefoord Esquire, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit of Andrew Hunter Writer in Edinburgh, of the due Service of the said Order, being read.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et 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.

Epus Glocestr.
Epus Sarum
Epus Bath & Wells
Epus Lincoln
Epus Carliol
Epus Petriburgh.
Epus Asaphen
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Dux St Albans.
Dux Argyll
Dux Manchester.
Comes Northampton
Comes Sandwich
Comes Shaftesbury.
Comes Coventry.
Comes Aberdeen
Comes Oxford
Comes Halifax
Comes Pomfret.
Comes Bath
Comes Fitzwilliam.
Ds Willoughby Par.
Ds Strange
Ds Ward
Ds Cornwallis.
Ds Romney
Ds Ducie
Ds Ilchester
Ds Edgecumbe.
Ds. Sandys
Ds Anson
Ds Feversham.
Ds. Archer.

PRAYERS.

Scott against L. Napier.

The Answer of Francis Lord Napier, to the Appeal of Francis Scott, was brought in.

Harrison to take the Name of Kimpson, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for authorizing and empowering Thomas Harrison to take and use the Surname of Kimpson, in Performance of a Condition contained in the Will of Thomas Kimpson Clerk, deceased"

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

Ld President
D St Albans.
D Argyll
D. Manchester.
E Northampton.
E. Sandwich.
E. Shaftesbury.
E Coventry
E Aberdeen.
E Oxford.
E Halifax.
E. Pomfret
E Bath.
E. Fitzwilliam.
L Bp Gloucester.
L B Sarum.
L. Bp Bath & Wells
L B Lincoln
L. B. Carlisle.
L B Peterborough.
L. B St Asaph.
Ld Willoughby Par
L. Strange.
L. Ward
L Cornwallis.
L Romney.
L Ducie.
L. Ilchester
L Edgecumbe.
L Sandys
L. Archer.

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

Rose and Usher against Countess of Roscommon.

After hearing Counsel in Part, in the Cause upon the revived Petition and Appeal of George Rose Esquire, deceased, and Arthur Usher Administrator of the Goods of Robert Taylor unadministered by Berkeley Taylor, to which Angel Countess Dowager of Roscommon is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till to To-morrow.

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.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

Epus Bath & Wells.
Epus. Lincoln.
Epus. Norwic
Epus Meneven
Epus Carliol
Epus. Petriburg.
Epus Asaphen.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Bedford.
Dux Gordon.
Dux Argyll.
Dux Newcastle.
March Tweeddale.
March Lothian
Comes Pembroke
Comes Northampton.
Comes Warwick.
Comes Stemford.
Comes Sandwich.
Comes Carlisle
Comes Shaftesbury.
Comes Litchfield
Comes Poulet
Comes Lauderdale.
Comes Loudoun.
Comes Aberdeen.
Comes Oxford.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter
Comes Bath.
Comes Fitzwilliam
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Falmouth.
Ds Delawarr.
Ds Willoughby Par.
Ds. North.
Ds. Strange.
Ds. Ward.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie
Ds Montfort.
Ds Sandys.
Ds Anson.
Ds Feversham
Ds Archer.
Ds Rolle.

PRAYERS.

Whitefoord against Sir D Cunninghame.

The Answer of Sir David Cunninghame Baronet, to the Appeal of James Whitefoord Esquire, was brought in.

Luther's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Richard Luther Esquire and Charlotte his Wife, and for making the same more effectual for the Benefit of the Children of that Marriage," 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.

L Teynham & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Lord Teynham 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 confirming and establishing an Agreement between Henry Lord Teynham and Sir Francis Curson Baronet, for a Partition of the Estate of John Powell Esquire, deceased, and for rendering the said Agreement more effectual for the Purposes thereby intended, and for other Purposes therein mentioned"

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), 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 then Speaker, he, after a short Introduction in relation to the Land Tax 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 of the several other Bills ready for the Royal Assent, as follow, (videlicet,)

Bills passed.

"1 An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-nine"

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 declaring the Authority of the Commissioners appointed by His Majesty under the Great Seal of Great Britain, for receiving, hearing, and determining, Appeals in Causes of Prizes"

"3 An Act for repairing and widening the Road leading from the Well at the North West End of the Town or Village of Farnborough, in the County of Kent, to a Place called Riverhill, in the Parish of Sevenoaks, in the said County."

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

"Le Roy le veult"

"4. An Act for enclosing and dividing East Woodhey Down, and the Open and Common Fields of East Woodhey and Hollington, in the County of Southampton, pursuant to an Agreement entered into for that Purpose"

"5. An Act for enabling John Griffin Whitwell Esquire and his Issue to take and use the Surname and Arms of Griffin"

"6 An Act to enable Samuel Grundy (now called Samuel Swinfen) and the Heirs Male of his Body to take and use the Surname and Arms of Swinfen"

"7 An Act for naturalizing Martin Klencke, John James Grand, and Anthony Colombies"

"8. An Act for naturalizing Gabriel Guillon"

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

"Soit fait comme uk 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.

Plunket, Pet to receive Appeal.

Upon reading the Petition of William Plunket Gentleman, setting forth, "That, he being advised that an Order of the Court of Chancery in Ireland of the 3d of December last, made in a Cause wherein the Petitioner was Plaintiff, and Thomas Wakeley Esquire and others were Defendants, granting a new Trial at Law, is enoneous, an Appeal from the same is prepared, but consulting Counsel, and getting the same settled and signed, necessarily took up a considerable Time," and praying, "That the Standing Order of this House, limiting the Time for receiving Appeals, may be so far dispensed with, as that his Appeal may be now received'

It is Ordered, That the said Appeal be received, as desired.

Plunket against Wakeley.

Accordingly the said Appeal was presented, and read; complaining of the said Decree, and praying, "That the same may be reversed and set aside, and that this House will make such further Order as the Nature and Circumstance of the Case may require, and as the said Court ought to have made, and that the said Thomas Wakeley, Henry Lord Viscount Kingsland, and Francis Lord Baron of Athunry, may be required to answer the same"

It is Ordered, That the said Thomas Wakeley, Henry Lord Viscount Kingsland, and Francis Lord Baron of Athunry, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 23d Day of March next, and that Service of this Order on the Respondents Clerks in the said Court be deemed good Service.

Rose and Usher against Countess of Roscommon.

After hearing Counsel further, in the Cause upon the revived Petition and Appeal of George Rose Esquire, deceased, and Arthur Usher Administrator of the Goods of Robert Tayler unadministered by Berkeley Taylor, to which Argel Countess Dowager of Roscommon is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

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 Sarum.
Epus. Lincoln.
Epus. Petriburg.
Epus. Asaphen.
Ds Hardwicke, Cancellarius
Dux Argyll.
Dux Manchester.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick
Comes Westmorland.
Comes Sandwich
Comes Litchfield
Comes Coventry.
Comes Home
Comes Oxford
Comes Strafford
Comes Halifax
Comes Harborough.
Comes Macclesfield.
Comes Pomfret
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds North
Ds Ward.
Ds Cadogan.
Ds. Ducie.
Ds Sandys.
Ds. Rolle.

PRAYERS.

Luther's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining and amending a Power given by the Marriage Settlement of Richard Luther Esquire and Charlotte his Wife, and for making the same more effectual, for the Benefit of the Children of that Marriage"

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 Edwards and Mr. Spicer

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

Harrison to take the Name of Kimpson, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for authorizing and empowering Thomas Harrison to take and use the Surname of Kimpson, in Performance of a Condition contained in the Will of Thomas Kimpson Clerk, 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.

L Teynham & al Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing an Agreement between Henry Lord Teynham and Sir Francis Curson Baronet, for a Partition of the Estate of John Powell Esquire, deceased, and for rendering the said Agreement more effectual for the Purposes thereby intended, and for other Purposes therein mentioned."

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

D Argyll.
D Manchester.
E. Pembroke
E Lincoln
E. Northampton.
E. Warwick
E. Litchfield.
E. Coventry.
E Oxford
E. Strafford.
E Halifax
E Harborough.
E Macclesfield.
E. Pomfret.
E. Graham.
E. Fitzwilliam.
Vis. Fauconberg.
L Bp Sarum.
L B. Lincoln.
L B Peterborough
L. B. St. Asaph.
Ld. Willoughby Par
L. North.
L. Ward.
L. Cadogan.
L. Ducie.
L Sandys.
L. Rolle.

Their Lordships, or any live of them, to meet on Monday the 6th Day of March next, at the usual Time and Place, and to adjourn as they please.

Parminter against Symons Writ of Error.

A Petition of Henry Parminter, Plaintiff in a Writ of Error wherein Thomas Symons is Defendant, was presented, and read, setting forth, "That Sir Thomas Bootle and Sir John Stracey were the Petitioner's Counsel in the Court below, and fully apprised of the Nature of his Case, and were intended by him to argue this Cause, but the latter being lately dead, and the former very ill, the Petitioner is thereby deprived of their Assistance, and that it will unavoidably take up Time for other Counsel to be prepared," and praying, "That the Hearing of the Errors argued in this Case, which stands for Monday next, may be adjourned to such further Day as to this House shall seem meet."

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

And being withdrawn.

Ordered, That the said Hearing be put off to Wednesday next, and the Cause which stands for that Day removed to the next Cause-day in Course.

Rose and Usher against Countess of Roscommon.

After hearing Counsel further, in the Cause upon the revived Petition and Appeal of George Rose Esquire, deceased, and Arthur Usher Administrator of the Goods of Robert Taylor unadministered by Berkeley Taylor, to which Angel Countess Dowager of Roscommon is Respondent.

It is Ordered, That the further Hearing of the said Cause be adjourned to Tuesday next.

Whitefoords Appeal, Order for new Respondents.

Upon reading the Petition of James Whitefoord Esquire, praying, "That he may be at Liberty to amend his Appeal, to which Sir David Cunninghame Baronet is Respondent, by making the Petitioner's Mother Elizabeth Cunninghame, and his Sisters Jane and Katherine Whitefoord, as Parties, Respondents thereto, and that they may be at Liberty to put in their Answer forthwith."

It is Ordered, That the Petitioner may amend his said Appeal, as desired, and that the new Respondents be at Liberty to put in their Answer accordingly.

Marlow, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Ebenezer Marlow, 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 the undivided Fifth Part of divers Lands and Hereditaments, in the County of Sussex, the Estate of Ebenezer Marlow and William Marlow his Son, an Infant, in Trustees, in Trust to sell the same, for the Purposes therein mentioned"

Viscountess Fane & al Bill.

The Lord Bishop of Salisbury reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Inheritance of Part of the settled Estate of Charles Lord Viscount Fane, in the County of Devon, and in the County of Limerick in the Kingdom of Ireland, for discharging Debts and Encumbrances, and also for settling another Estate, in the County of Berks, in Lieu thereof, and for securing a Rent Charge to Mary Viscountess Fane, as a Compensation for her Estate for Life in the Premises in the County of Devon," 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.

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.