House of Lords Journal Volume 26
February 1743, 11-20

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History of Parliament Trust

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1767-1830

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204-208

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'House of Lords Journal Volume 26: February 1743, 11-20', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 204-208. URL: http://british-history.ac.uk/report.aspx?compid=114170 Date accessed: 27 November 2014.


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February 1743, 11-20

DIE Veneris, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Menevens.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C.P.S.
Dux Beaufort.
Dux Leeds.
Dux Devon.
Dux Marlborough.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Winchilsea.
Comes Cardigan.
Comes Anglesey.
Comes Abingdon.
Comes Jersey.
Comes Coventry.
Comes Home.
Comes Ilay.
Comes Aylesford.
Comes Stanhope.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.

PRAYERS.

Aston Tirrold Common enclosing, Bill.

The Lord Cornwallis reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and rendering more effectual certain Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields and Common Downs, within the Manor and Parish of Aston Tirrold, in the County of Berks," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Tresusis's Bill.

His Lordship likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Trustees named in the Settlement and Will of Robert Trefusis Esquire, deceased, during the Minority of his Son Robert Cotton Trefusis, to make Leases of Part of his Estate, in the County of Cornwall," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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.

Then a Clause, being a Proviso, was offered, as an Amendment to the said Bill.

And the same, being read Twice, was agreed to by the House; to come in before the General Saving.

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

Gore's Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles and John Gore Esquires; 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.

Hodie 1a vice lecta est Billa, intituled, "An Act for selling the settled Estates of William Gore Esquire, deceased, in the County of Middlesex and City of London, for Payment of his Debts and Legacies; and for rendering a Power contained in his Will more effectual."

Gaper Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Thomas Gape and Joseph Gape Esquires to make Jointures, Leases, and Provisions, for Younger Children, out of the Estates devised to them respectively by the Will of William Gape Esquire, their late Father, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they 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 Bill be engrossed.

Bellamy to take the Name of Crayle, Bill.

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Crayle Bellamy Esquire to take and use the Surname of Crayle," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Against assisting Prisoners to escape, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape."

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

Adjourn.

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

DIE Martis, 15o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Beaufort.
Dux Leeds.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Sandwich.
Comes Anglesey.
Comes Ailesbury.
Comes Shaftesbury.
Comes Holderness.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Say & Seale.
Viscount Fauconberg.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Poulet.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.

PRAYERS.

Mercer against Butler & al.

The Answer of Charles Earl of Arran and George Butler Esquire, Two of the Executors of Thomas Butler Esquire, deceased, to the amended Appeal of Robert Mercer, was brought in.

Warminster Road, Bill.

The Lord Ducie 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 Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Boroughbridge Road, Bill.

The Earl of Holderness made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for repairing the High Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Piersbridge, on the River Tees," was committed.

Spirituous Liquors Duty, Bill.

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

With a Bill, intituled, "An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors;" to which they desire the Concurrence of this House.

Harlow Bush Common Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Tenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing and amending the Highways from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex;" to which they desire the Concurrence of this House.

Dummer Common enclosing, Bill.

A Message was brought from the House of Commons, by the Lord Harry Poulet and others:

With a Bill, intituled, "An Act for the enclosing and dividing the Common Fields and Waste Grounds, lying within the Manor of Dummer, in the Parish of Dummer, in the County of Southampton;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Lord Berkeley of Stratton takes the Oaths.

This Day John Lord Berkeley of Stratton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Gore's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for selling the settled Estates of William Gore Esquire, deceased, in the County of Middlesex and City of London, for Payment of his Debts and Legacies; and for rendering a Power contained in his Will more effectual."

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

L. Privy Seal.
D. Beaufort.
D. Leeds.
D. Manchester.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Westmorland.
E. Sandwich.
E. Anglesey.
E. Ailesbury.
E. Shaftesbury.
E. Holderness.
E. Coventry.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Stanhope.
E. Harborough.
E. Graham.
Vis. Say & Seale.
Vis. Fauconberg.
L. B. Rochester.
L. B. Sarum.
L. B. Exon.
L. B. St. Asaph.
L. B. Norwich.
L. B. Chichester.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Poulet.
L. Maynard.
L. Strange.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Ducie.
L. Walpole.
L. Raymond.
L. Ilchester.

Their Lordships, or any Five of them; to meet on Wednesday the 2d Day of March next, at the usual Time and Place; and to adjourn as they please.

Tresusis' Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Trustees, named in the Settlement and Will of Robert Trefusis Esquire, deceased, during the Minority of his Son Robert Cotton Trefusis, to make Leases of Part of his Estate in the County of Cornwall."

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

It was Resolved in the Affirmative.

Gapes Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Thomas Gape and Joseph Gape Esquire to make Jointures, Leases, and Provisions, for Younger Children, out of the Estates devised to them respectively by the Will of William Gape Esquire, their late Father, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding, Bills.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Spicer:

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Afton Tirrold Common enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and rendering more effectual certain Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields and Common Downs, within the Manor and Parish of Aston Tirrold, in the County of Berks."

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

It was Resolved in the Affirmative.

Bellamy to take the Name of Crayle, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Crayle Bellamy Esquire to take and use the Surname of Crayle."

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 the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Mr. Elwick for making Stone Pipes, Bill.

The Lord Raymond (pursuant to the Order of the First Instant) presented to the House a Bill, intituled, An Act for vesting in John Elwick Esquire the sole Property of an Engine for making Stone Pipes; and to enlarge the Term granted by Letters Patent for that Purpose."

And the same was read the First Time.

Muirhead & al. peremptorily to answer Weir's Appeal.

The House was informed, "That Thomas Muirhead and others had not put in their Answer to the amended Appeal of William Weir of Waygateshaw, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Young Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the several new Respondents to the said amended Appeal do put in their Answer or respective Answers thereunto in a Week.

E. Breadalbane & al. Appeal withdrawn.

Upon reading the Petition of John Earl of Breadalbane, and His Majesty's Advocate for Scotland, in Behalf of His Majesty; praying, "In regard all the Proceedings had before the Lords of Session in Scotland were not complained of in the Appeal of the Petitioners, presented on the 14th of January last; that the same may be withdrawn; and that they may be at Liberty to present another Appeal hereafter, as they may be advised:"

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired; and that the Order made thereupon for answering be discharged; and that they may present another Appeal hereafter, as they shall be advised.

Capt Campbell against McMillan & Ux.

Ordered, That the Hearing of the Cause wherein Captain Campbell is Appellant, and Alexander McMillan and his Wife are Respondents, which stands for Tomorrow, be put off to Thursday next.

Adjourn.

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

DIE Jovis, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Menevens.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Devon.
Dux Marlborough.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Westmorland.
Comes Anglesey.
Comes Shaftesbury.
Comes Abingdon.
Comes Holderness.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Viscount Townshend.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Lovell.
Ds. Ilchester.
Ds. Edgecumbe.

PRAYERS.

Messages from H. C. with Bills; and to return Earley Common enclosing, Bill.

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

To return the Bill, intituled, "An Act for confirming, establishing, and making more effectual, certain Articles of Agreement, made and entered into, for enclosing and dividing several Common Fields, lying in Earley, in the Parish of Sonning, in the County of Berks; and for exchanging several ancient Enclosures in Earley aforesaid;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Marlberough Road, Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for repairing the Road leading from Marlborough, through West Kennet, to Shepherds Shord, and from The Hare and Hounds in Beckhampton, to the Top of Cheril Hill, and from the Town of Avebury to the Cross Way at Beckhampton, in the County of Wilts;" to which they desire the Concurrence of this House.

Elections in Scotland, Bill.

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

With a Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Members to serve for the Commons in Parliament, for that Part of Great Britain called Scotland; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were read the First Time.

Charterhouse Square enclosing, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Charterhouse Square, in the County of Middlesex, to make a Rate, for raising Money, effectually to enclose, pave, watch, clean, and improve, the said Square, and to continue the same in Repair," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Spirituous Liquors Duty, Bill.

The House being moved, "To appoint a Day for the Second Reading of the Bill, intituled, An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Capt. Campbell against McMillan & Ux:

After hearing Counsel, upon the Petition and Appeal of Captain William Campbell, Eldest Son of John Campbell Esquire, sometime Lord Provost of Edinburgh, deceased; complaining of an Interlocutor of the Lords of Session in Scotland, of the 13th of June, 1740; and of a subsequent Interlocutor, of the 12th of November following, whereby the said Lords adhered to their former Interlocutor, made on the Behalf of Alexander McMillan and Margaret his Wife; and praying, "That the same might be reversed, and such Relief given the Appellant as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said Alexander McMillan and Margaret his Wife 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 Interlocutors therein complained of be, and the same are hereby, affirmed.

Boroughbridge Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the High Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Piersbridge, on the River Tees."

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

It was Resolved in the Affirmative.

Warminster Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the 13th Year of the Reign of His late Majesty King George, the First, intituled, "An Act for repairing the several Roads leading from the Town of Warminster, in the County of Wilts."

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 Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Edwards and Mr. Spicer:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Dummer Common enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the enclosing and dividing the Common Fields and Waste Grounds, lying within the Manor of Dummer, in the Parish of Dummer, in the County of Southampton."

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

Ld. Privy Seal.
L. Steward.
D. Beaufort.
D. Leeds.
D. Manchester.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Northampton.
E. Westmorland.
E. Shaftesbury.
E. Holderness.
E. Cholmondeley.
E. Ilay.
E. Oxford.
E. Stanhope.
E. Harborough.
E. Pomfret.
E. Fitzwalter.
Vis. Townshend.
Vis. Harcourt.
Vis. Torrington.
L. B. Rochester.
L. B. Sarum.
L. B. Exon.
L. B. Glocester.
L. B. Oxon.
L. B. St. Davids.
L. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. Maynard.
L. Ward.
L. Cornwallis.
L. Conway.
L. Hervey.
L. Somerville.
L. Foley.
L. Bathurst.
L. Onslow.
L. Lovel.
L. Ilchester.
L. Edgecumbe.

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

Harlow Bush Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Tenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing and amending the Highways from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex."

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 the 4th Day of March next, at the usual Time and Place; and to adjourn as they please.

McCarton & al. peremptorily to answer Sir John Bellew's Appeal.

The House was informed, "That Philemon McCarton and others, Respondents to the Appeal of Sir John Bellew Baronet and others, have not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Robert Reeves of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Against assisting Prisoners to escape, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape:"

Ordered, That the House be put into a Committee thereupon, on this Day Sevennight; and that the Judges do then attend.

Adjourn.

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