House of Lords Journal Volume 28: May 1756, 1-10

Journal of the House of Lords Volume 28, 1753-1756. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 28: May 1756, 1-10', in Journal of the House of Lords Volume 28, 1753-1756, (London, 1767-1830) pp. 589-593. British History Online https://www.british-history.ac.uk/lords-jrnl/vol28/pp589-593 [accessed 26 March 2024]

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In this section

May 1756, 1-10

DIE Lunæ, 3o Maii.

Domini tam Spirituales quam Temporales præsentesfuerunt:

Epus. Bangor.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Newcastle.
Dux Dorset.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Findlater.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Bath.
Ds. Willoughby Par.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Sheffield and Ecclesall Courts Baron, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for regulating the Proceedings in Personal Actions in the Courts Baron of the Manors of Sheffield and Ecclesall, in the County of York."

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. Holford and Mr. Harris:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Woollen Manufactures, Combination of Workmen, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George, to prevent the unlawful Combination of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages; and also an Act passed in the Thirteenth Year of the Reign of His said late Majesty, for the better Regulation of the Woollen Manufacture, and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forseiture appointed by the aforesaid Act, in Case of the Payment of the Workmen's Wages in any other Manner than in Money."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Maitland against Skene & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Major Arthur Maitland of Pitrichie is Appellant, and Andrew Skene and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Gillies & al. against Waugh & al. et è contra.

After hearing Counsel in Part, in the Cause wherein Henry Gillies and others are Appellants, and Allan Waugh and others Respondents; et è contra:

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

Recruiting and regulating the Army in America, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better recruiting His Majesty's Forces on the Continent of America; and for the better Regulation of the Army, and preventing of Desertion there."

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

Ordered, That the House be put into a Committee on the said Bill, on Wednesday next.

Adjourn.

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

DIE Martis, 4o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Bangor.
Epus. Meneven.
Epus. Cicestrien.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Newcastle.
Comes Lincoln.
Comes Warwick.
Comes Shaftesbury.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Sandys.

PRAYERS.

Matthew against Fitz Simons & al.

The Answer of Christopher Fitz Simons Merchant, to the Appeal of Richard Mathew Esquire, was brought in.

As was also, the joint and several Answer of James Walsh, William Walsh, Theobald Walsh, Joan Field, Thomas Lee and Ann his Wife, John Andrews, Margaret Andrews, and Bridget Andrews, Nine other Respondents to the same Appeal.

Richmond to Lancaster, and other Roads, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for explaining and making more effectual an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, for repairing the Road leading from the East End of Brumpton High Lane in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Aiskrigg and Ingleton in the said County, to the Town of Lancaster in the County of Lancaster; and also for repairing the Road leading from Richmond aforesaid, through Gilling, Melsonby, and Aldbrough, to Lucey otherwise Lousy Cross, and from Gilling, through Gilling Town Lane, to the Turnpike Road on Gatherley Moor," 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."

L. Cranstoun's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of James Lord Cranstoun in the County of Northumberland, settled on his Marriage for the Benefit of Sophia Lady Cranstoun and their Issue, for raising Money to discharge the Encumbrances affecting the same, and also towards disencumbering his Estate in Scotland, settled also for the Benefit of the said Lady Cranstoun and the Issue 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made Two Amendments thereto."

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Woollen Manufactures, Combination of Workmen, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to render more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George, to prevent the unlawful Combination of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages; and also an Act passed in the Thirteenth Year of the Reign of His said late Majesty, for the better Regulation of the Woollen Manufacture, and for preventing Disputes among the Persons concerned therein; and for limiting a Time for prosecuting for the Forfeiture appointed by the aforesaid Act, in Case of the Payment of the Workmen's Wages in any other Manner than in Money."

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. Holford and Mr. Harris:

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

Gillies & al. against Waugh & al. et è contra.

After hearing Counsel further, in the Cause wherein Henry Gillies and others are Appellants, and Allan Waugh and others are Respondent; et è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the other Causes be removed in Course.

Adjourn.

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

DIE Mercurii, 5o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Duresm.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Dorset.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Poulett.
Comes Home.
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Bath.
Comes Strafford.
Comes Temple.
Ds. Willoughby Par.
Ds. Foley.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

York Buildings Watergate, &c. Bill.

A Message was brought from the House of Commons, by Sir John Crosse and others:

With a Bill, intituled, "An Act to enable the Proprietors and Inhabitants of Houses in York Buildings, in the Parish of Saint Martin in the Fields, in the County of Middlesex, to make and levy a Rate on themselves, sufficient to answer the Expense of rebuilding or repairing of the Terrace Walk and Watergate, and such other Part of the Premises adjoining to the River Thames, and belonging to the said Buildings, as shall be judged necessary; and for keeping the same in Repair for the future;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Cranstoun's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estate of James Lord Cranstoun, in the County of Northumberland, settled on his Marriage for the Benefit of Sophia Lady Cranstoun and their Issue, for raising Money to discharge the Encumbrances affecting the same, and also towards disencumbering his Estate in Scotland, settled also for the Benefit of the said Lady Cranstoun and the Issue 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. Bennet and Mr. Harris:

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

Recruiting and regulating the Army in America, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better recruiting His Majesty's Forces on the Continent of America; and for the better Regulation of the Army, and preventing of Desertion there."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Countess of Kildare & al. against Burton & al.

The House being informed, "That Barry Colles Esquire attended, in order to deliver in Copies of Papers and Proceedings, relating to a Cause depending in this House, wherein the Countess of Kildare and others are Appellants, and Robert Burton Esquire and others are Respondents:"

Papers proved.

He was called in, and delivered the same at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Gillies & al. against Waugh & al. et è contra:

After hearing Counsel, as well on Monday last as Yesterday and this Day, upon the amend Petition and Appeal of Henry Gillies Merchant in Linlithgow late and present Provost of the Borough of Linlithgow, Thomas Smith Writer in Linlithgow, Alexander Kennewie Dyster there, William Jamieson Writer there, and John Cruckshank Brewer there, late and present Baillies, Robert Cocks Skinner there late and present Dean of Guild, James Jamieson Tanner there late Treasurer and present Counsellor, Robert Cleland Gardener there late Counsellor and present Treasurer, John Ferrier Writer there, James Gibbieson Skinner there, James Henderson Maltster there, Captain James Hamilton Younger of Westport, William Dumbreck Gardener in Linlithgow, Thomas Cornwall Farmer there, and John Bell Surgeon there, late and present Merchant Counsellors, Sir Walter Hamilton of Westport Baronet, John Auld Merchant in Linlithgow, James Lang Merchant there, and George Cornwall Younger Farmer there, present Merchant Counsellors, John Rule Baxter there and late Deacon of the Baxters, Henry Duncan Baxter there and present Deacon of the Baxters, John Lawrie Younger Mason there late and present Deacon of the Wrights, John Montgomery Seive Wright there and late and present Deacon of the Coopers, Thomas Whyte Flesher there and late and present Deacon of the Fleshers, Magistrates, Counsellors, and Deacons, for the Borough of Linlithgow, chosen at Michaelmas One Thousand Seven Hundred and Fifty-four, and at Michaelmas One Thousand Seven Hundred and Fifty-five, for themselves, as Magistrates, Office-bearers, Deacons of Crafts, and Members of Council, aforesaid, and also as Burgesses and Inhabitants of the said Borough of Linlithgow, and of John Buckney, Andrew Buckney, John Rule, John Lawrie Mason, John Montgomery Wright, Thomas White Flesher, Alexander Wardrop Elder Weaver, Edward Spence Shoemaker, James Brown Smith, James Gilmour, Robert Flood, Joseph Nimmo, and Thomas Frame, Fleshers, and Thomas Brown, John Brown, Alexander Jamieson, Robert Leslie, and Peter Forgie, Coppers; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 14th of January 1755; and also of Two other Interlocutors of the said Lord, of the 31st of the same Month, and of Two Interlocutors of the Lords of Session, of the 18th of February 1755, and of an Interlocutor of the said Lords, of the 7th of August 1755, and likewise of Two other Interlocutors of the said Lords, of the 9th of August 1755; and praying, "That the same might be reversed or varied; and that the Appellants might have such Relief in the Premises as to this House should seem just:" As likewise upon the amended Cross Appeal of Allan Wauch Merchant and Provost of the Borough of Linlithgow, George Napier, Robert Clarke, and Stephen Mitchell, Merchants, and William Anderson Surgeon, in and Baillies of the said Borough, John Black Tanner in and Dean of Guild of the said Borough, Walter Adam Merchant in and Treasurer of the said Borough, James Carlow and Henry Bell Maltsters in the said Borough, Thomas Dundass Younger of Fingask, Lawrence Dundass of Kerse, Thomas Smeall Merchant in Linlithgow, Edmond Anderson Gardener there, William Inglis Tanner there, all Seven Merchant Counsellors of the said Borough, John Davie Smith and Deacon of the Smiths there, Anderew Mackowan Taylor and Deacon of the Taylors there, William Smith Shoemaker and Deacon of the Shoemakers there, William Wardrop Weaver and Deacon of the Weavers there, Alexander Nimmo Cooper and Deacon of the Coopers there, William M'Donald Wright and Deacon of the Wrights there, and John Frame Flesher and Deacon of the Fleshers there, for themselves, as Magistrates, Officebearers, Deacons of Crafts, and Members of Council, respective aforesaid, and also as Burgesses and Inhabitants of the said Borough, and of John Frame Elder Flesher in (fn. 1) Linlithgow, Alexander Frame, Robert Andrews, and Andrew Paul, Fleshers there, John Peebles, Andrew Wilson, David Forgie, and William Young, Coopers there; complaining of Parts of certain Interlocutors of the Lords of Session in Scotland, of the 7th and 9th of August and 9th of December 1755; and praying, "That the same might be reversed or varied; and that the Appellants might have such Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the Answer of the said Allan Wauch and the other Respondents put in to the said Original Appeal; and the Answer of Henry Gillies and the other Respondents put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original and Cross Appeals be, and the same are hereby, dismissed this House; and that the said several Interlocutors therein complained of be, and the same are hereby, affirmed.

Richmond to Lancaster, and other Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining and making more effectual an Act passed in the Twenty-fourth Year of the Reign of His present Majesty, for repairing the Road leading from the East End of Brumpton High Lane in the County of York, to the Town of Richmond, and from thence, to and through the Towns of Aiskrigg and Ingleton in the said County, to the Town of Lancaster in the County of Lancaster; and also for repairing the Road leading from Richmond aforesaid, through Gilling, Melsonby, and Aldbrough, to Lucy otherwise Lousey Cross, and from Gilling, through Gilling Town Lane, to the Turnpike Road on Gatherley Moor."

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 the former Messengers:

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

Adjourn.

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

DIE Jovis, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landaven. Comes Hardwicke, Cancellarius.
Dux Argyll.
Comes Warwick.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Bath.
Comes Cornwallis.
Viscount Say & Sele.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.
Ds. Ravensworth.

Recruiting and regulating the Army in America, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the better recruiting His Majesty's Forces on the Continent of America; and for the better Regulation of the Army, and preventing of Desertion there."

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. Burroughs and Mr. Edwards:

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

York Buildings Watergate, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Proprietors and Inhabitants of Houses in York Buildings, in the Parish of Saint Martin in the Fields, in the County of Middlesex, to make and levy a Rate on themselves, sufficient to answer the Expense of re-building or repairing of the Terrace Walk and Watergate, and such other Part of the Premises adjoining to the River Thames, and belonging to the said Buildings, as shall be judged necessary; and for keeping the same in Repair for the future."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

D. Argyll.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Breadalbane.
E. Marchmont.
E. Hyndford.
E. Bath.
E. Cornwallis.
Vis. Say & Sele.
L. Bp. Landaff. Ld. Wentworth.
Ld. Willoughby Par.
L. Onslow.
L. Ducie.
L. Raymond.
L. Sandys.
L. Ravensworth.

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Ramsgate Harbour, Bill.

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

With a Bill, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate;" to which they desire the Concurrence of this House.

Adjourn.

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

DIE Veneris, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm.
Epus. Lincoln.
Epus. Carliol.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Newcastle.
Dux Dorset.
March. Rockingham.
Comes Carlisle.
Comes Poulett.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Cowper.
Comes Bath.
Comes Northumberland.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Ward.
Ds. Foley.
Ds. Onslow.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Ramsgate Harbour, Bill:

Hodie 1a vice lecta est Billa, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate."

Ordered, That the said Bill be printed.

Ordered, That the said Bill be read a 2d Time on this Day Sevennight.

Pet. of Trustees under the former Act, to be heard against the said Bill.

A Petition of the Trustees appointed by an Act made in the Twenty-second Year of His present Majesty, for enlarging and maintaining the Harbour of Ramsgate, whose Names are thereunto subscribed (being a Committee appointed for this Purpose), on Behalf of themselves and the rest of the Trustees under the said Act, was presented, and read; alleging, "That, if the said Bill should pass, the Petitioners apprehend it will be difficult, if not impracticable, to carry on the Works according to the Plan directed by the said Bill; and that the vast Increase and Expence in constructing and finishing the said Harbour, according to the said Plan, will be a grievous Burden upon the Trade of these Kingdoms; and, the same not being provided for by the said Bill, the Petitioners conceive, it will be impossible for the Trustees under the said Act to carry into Execution the said Plan, as they are required to do by the present Bill; and therefore praying, that they may be heard, by themselves or Counsel, against the said Bill."

Ordered, That the Petitioners may be heard, by themselves or Counsel, against the said Bill, at the said Second Reading; as may also Counsel be heard for the said Bill, at the same Time.

Palmers against Jackson & al.

After hearing Counsel in Part, in the Cause wherein Roger Palmer the Elder and Roger Palmer the Younger Esquires are Appellants, and George Jackson Esquire and others Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till Monday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 10o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Newcastle.
Dux Portland.
Dux Dorset.
Comes Denbigh.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Poulett.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Halifax.
Comes Waldegrave.
Comes Bath.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Temple.
Comes Cornwallis.
Comes Darlington.
Viscount Say & Sele.
Viscount Stormont.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Foley.
Ds. Onslow.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Ravensworth.

PRAYERS.

Papers relating to Ramsgate Harbour, Bill:

Ordered, That the Report and other Papers relating to the Survey of Ramsgate Harbour in the Year 1755, which are now in His Majesty's Office of Ordnance, be laid before this House.

Clerk to issue Orders for Witnesses on the Bill.

Ordered, That the Clerk be empowered to issue Orderes for the Attendance of such Witnesses as either Side shall desire, upon the Second Reading of the Bill for making a more safe and commodious Harbour at Ramsgate.

Palmers against Jackson & al.

After hearing Counsel further, in the Cause wherein Roger Palmer the Elder and Roger Palmer the Younger Esquires are Appellants, and George Jackson Esquire and others Respondents:

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, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

  • 1. Origin. Lonlithgow.