House of Lords Journal Volume 27
February 1750, 11-20

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History of Parliament Trust

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1767-1830

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402-407

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'House of Lords Journal Volume 27: February 1750, 11-20', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 402-407. URL: http://www.british-history.ac.uk/report.aspx?compid=114306 Date accessed: 26 July 2014.


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February 1750, 11-20

DIE Lunæ, 12o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen.
Epus Cicestriens.
Epus Sarum
Epus Lincoln.
Epus. Meneven.
Epus Carliol.
Epus Bangor.
Epus Asaphen
Epus Norwic.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Dux Marlborough, Senescallus
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan
Comes Shaftesbury.
Comes Coventry
Comes Jersey
Comes Cholmondeley.
Comes (fn. 1) Rothes.
Comes Home.
Comes Loudoun.
Comes Leven
Comes Granville
Comes Macclesfield.
Comes Fitzwilliam.
Viscount Lonsdale.
Viscount Folkestone.
Ds Delawarr
Ds. Willoughby Par.
Ds Ward
Ds. Hay
Ds Bathurst.
Ds Onslow.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys
Ds Feversham.

PRAYERS.

Home & al of Duns presbytery against Hay.

The Answer of John Hay of Belton Esquire, to the Appeal of Mr. John Home Minister of Greenlaw Moderator and others, was brought in.

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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

Garstang Manor, Mr. Walpole's Bill.

Hodie 2a vice lecta est Billa, intituled, "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."

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

Ld President.
D Richmond.
D. Devon
D Argyll
D Portland.
D. Manchester.
E Northampton
E Warwick.
E Sandwich.
E. Shaftesbury.
E. Coventry.
E. Cholmondeley.
E. Rothes.
E. Home.
E. Loudoun.
E. Leven
E Granville.
E. Macclesfield.
E Fitzwilliam.
Vis. Lonsdale.
Vis. Folkestone.
L Bp Rochester.
L. B. Sarum
L. B. Lincoln
L. B. St. Davids
L. B St. Asaph.
L. B. Norwich.
Ld Delawarr
L Willoughby Par.
L. Ward.
L. Hay.
L. Bathurst.
L. Onslow.
L Ducie.
L. Edgecumbe.
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.

His Majesty's Answer to Address for a State of the National Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on Friday last, for a State of the National Debt, and that His Majesty was pleased to say, He will give Order accordingly."

Baynes & al. against E of Sutherland.

After hearing Counsel in Part, in the Cause wherein Walter Baynes Esquire and Penelope his Wife, and George Morrison Esquire, are Appellants, and William Earl of Sutherland 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 Martis, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 13o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch. Ebor.
Epus. Roffen
Epus Cicestriens.
Epus Sarum.
Epus. Lincoln.
Epus Meneven.
Epus. Carliol.
Epus. Bangor.
Epus Asaphen.
Epus. Norwic.
Ds. Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St Albans.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Comes Lincoln
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich
Comes Shaftesbury.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Home.
Comes Granville.
Comes Sussex.
Comes Macclesfield.
Comes Waldegrave.
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Lonsdale.
Ds. Delawarr.
Ds Dudley
Ds Willoughby Par.
Ds Onslow.
Ds. Ducie.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Manchester Road, Bill.

A Message was brought from the House of Commons, by the Lord Strange and others.

With a Bill, intituled, "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 Monchester, in the County of Lancaster, through the Town of Ashton under Lire and Parish of Mottram Longdendale, and from thence to Salter's Brooke, in the County Palatine of Chester," to which they desire the Concurrence of this House.

Kendall to take the Name of Cater, Bill.

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

With a Bill, intituled, "An Act for enabling Beckford Kendall Esquire, now called Beckford Kendall Cater, and his Issue Male, to take and use the Surname and Arms of Cater," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

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

After reading, and considering, the Report of the Judges to whom was referred the Petition of Dame Anne Musgrave Widow 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 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"

Walters & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Walters Esquire 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 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."

Baynes & al against E of Sutherland.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Walter Baynes Esquire and Penelope his Wife, and George Morrison Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 21st of June 1749, made on the Behalf of William Earl of Sutherland, and praying, "That the same might be reversed, and that the Appellants might obtain such Relief as to this House should seem meet" As also upon the Answer of the said Earl put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor, whereby the Lords of Session found, "There was no sufficient Title produced to carry on the Action commenced by the Appellants, and therefore sustained the Defence, and decerned accordingly," be, and the same is hereby, reversed And it is Declared, That there is a sufficient Title in the Appellant George Morrison to carry on this Action And therefore it is hereby Ordered, That the said Action be sustained at the Instance of the said George Morrison.

Mandret & al Nat Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Peter Mandrot and Lewis Chabanel."

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

It was Resolved in the Affirmative.

Message to H C with Amendments to it.

A Message was sent to the House of Commons, by Mr. Allen and Mr Sawyer

To acquaint them, That the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurience.

Charteris against His Majesty's Advocate.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Francis Charteris of Amisfield Esquire is Appellant, and William Grant Esquire His Majesty's Advocate for Scotland Respondent"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, To-morrow Sevennight.

Adjourn.

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

DIE Mercurii, 14o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Londin.
Epus Roffen.
Epus. Glocestr
Epus. Cicestriens
Epus Meneven.
Epus. Carliol
Epus Asaphen.
Epus Norwic.
Ds. Hardwicke, Cancellarius
Dux Richmond.
Dux Argyll
Dux Newcastle.
Dux Portland.
Comes Northampton
Comes Warwick
Comes Winchilsea.
Comes Rothes.
Comes Leven
Comes Halifax
Comes Macclesfield.
Comes Orford
Comes Fitzwilliam.
Ds Wentworth.
Ds. Willoughby Par.
Ds Bathurst.
Ds. Onslow
Ds Cadogan.
Ds Ducie.
Ds Edgecumbe.
Ds Sandys.
Ds. Ravensworth.

PRAYERS.

Walter's Bill.

Hodie 2a vice lecta est Billa, 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."

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

D Richmond.
D Argyll
D. Newcastle.
D. Portland.
E. Northampton.
E Warwick.
E. Winchilsea.
E. Rothes.
E Leven
E Halifax
E Macclesfield
E Orford.
E. Fitzwilliam.
L. Bp. London.
L B Rochester.
L. B Gloucester
L. B St David.
L. B. St Aseph.
L. B. Norwich.
Ld. Wentworth.
L. Willoughby Par.
L. Bathurst.
L Onslow.
L. Cadogan.
L Ducie
L. Edgecumbe.
L. Sandys.
L. Ravensworth.

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

Kendall to take the Name of Cater, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Beckford Kendall Esquire, now called Beckford Kendall Cater, and his Issue Male, to take and use the Surname and Arms of Cater."

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

Manchester Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "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 Brooke, in the County Palatine of Chester."

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.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters"

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."

Davidson against Sinclair & al.

After hearing Counsel, upon the Petition and Appeal of James Davidson Bookseller in Edinburgh, complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of November 1749, made on the Behalf of Henry Sinclair of Carlourie Esquire and Adam Inglis his Factor, George Sinclair Merchant in Wick, Sir John Sinclair of Longformacus, John Sinclair Writer in Edinburgh, Sir Robert Sinclair of Stevenson, John Lockhart of Castlehill, Mr. George Sinclair Advocate, William Sinclair Brother to the said Sir Robert Sinclair, Patrick Sinclair Writer to the Signet, Sir John Sinclair Lieutenant and Adjutant in Brigadier General O'Forrel's Regiment, Isobel, Christian, and Margaret Sinclairs, Alexander Mclvill Husband to the said Isobel, and William Pearson Shoemaker in Potterow Husband to the said Christian, and praying, "That the said Interlocutor might be reversed, and such Relief given the Appellant as to this House in their great Wisdom and Justice should seem meet" As also upon the Answer of the said Henry Sinclair and Adam Inglis put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutor therein complained of be, and the same is hereby, affirmed.

Garstang Manor, Mr Walpole's Bill.

Ordered, That all the Lords who have been present this Session, and are not of the Committee to whom the Bill, intituled, "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," stands committed, be added to the said Committee.

Phipps against E of Anglesey & al.

The House being informed, "That a Person attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, in the Cause wherein Constantine Phipps Esquire is Appellant, and Richard Earl of Anglesey and others are Respondents"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, 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 et in diem Jovis, decimum quintum diem instantis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 15o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus Roffen
Epus Wigorn.
Epus. Lincoln
Epus Norwic.
Ds. Hardwicke, Cancellarius.
Dux St Albans.
Dux Devon
Dux Argyll
Dux Portland
Comes Warwick.
Comes Shaftesbury.
Comes Loudoun
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Fitzwilliam.
Ds Willoughby Par.
Ds Onslow.
Ds Ducie.
Ds Sandys.
Ds Ravensworth.
Ds. Feversham.

PRAYERS.

Garstang Manor, Mr. Walpole's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "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," 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."

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

Hodie 2a 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."

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

D St Albans
D. Devon
D. Argyll.
D. Portland.
E. Warwick
E. Shaftesbury
E. Loudoun
E Waldegrave
E. Ashburnham.
E Orford
E Fitzwilliam
L Abp. Cant.
L Bp. Rochester.
L B Worcester.
L B Lincoln
L. B Norwich.
L Willoughby Par.
L Onslow.
L Ducie.
L Sandys
L. Ravensworth.
L. Feversham.

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.

Mutiny Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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. Allen and Mr. Sawyer

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

Wharfingers, Scotland-yard, &c Petition.

The Order of the Day being read, for taking into further Consideration the Petition of several Wharfingers, Carters, and Dealers in Coals, at the Wharfs in Scotland Yard, in regard to the Hours they are prohibited from passing between this House and Charing Cross, during this Session of Parliament.

Ordered, That the said Petition be taken into further Consideration on this Day Sevennight.

Phipps against E Anglesey et al.

The House being informed, "That Mr. Clancy attended, in order to deliver in Copies of several Papers, in the Cause wherein Constantine Phipps Esquire is Appellant, and Richard Earl of Anglesey and others are Respondents"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, 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 et in diem Lunæ, decimum nonum diem instantis Februarii, hora undecima, Dominis sic decernentibus.

DIE Lunæ, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen
Epus. Glocestr.
Epus. Cicestriens
Epus. Lincoln
Epus. Meneven.
Epus Carliol
Epus Bangor.
Epus. Norwic.
Ds. Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Devon
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Rothes
Comes Loudoun.
Comes Leven
Comes Halifax
Comes Orford
Comes Fitzwalter.
Comes Fitzwilliam
Viscount Fauconberg
Viscount Folkestone
Ds Wentworth.
Ds Maynard
Ds Bathurst.
Ds Ducie
Ds Raymond.
Ds Montfort.
Ds. Sandys.

PRAYERS.

Manchester Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "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 Brooke, in the County Palatine of Chester," 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."

Kendall to take the Name of Cater, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enabling Beckford Kendall Esquire, now called Beckford Kendall Cater, and his Issue Male to take and use the Surname and Arms of Cater," was committed.

Garstang Manor, Mr Walpole's Bill.

Hodie 3a vice lecta est Billa, intituled, "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 Newbiggine 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."

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. Lane and Mr. Waple

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

L Montfort & al Executors of Shepherd, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Lord Montfort and others, Executors of Samuel Shepheard Esquire, deceased, 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 Executors and Trustees of Samuel Shepheard Esquire, deceased, to sell his Houses at Exning in Suffolk and in Cavendish Square, and the Plate and Furniture thereto belonging, and to apply the Money produced by such Sale as the Court of Chancery shall direct or appoint."

Witnesses to attend, on Copley's Divorce Bill.

Ordered, That Gascoyre Finch, William Grey, William Sidwell, William Gues, Jane Bray, John Summers, Elizabeth Lilley, Elizabeth Fayrhead, Sarah Tanner, and Mary Allan, do attend this House, as Witnesses upon 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," on Tuesday the 6th Day of March next.

Adjourn.

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

Footnotes

1 Origin Rothers