House of Lords Journal Volume 27
March 1749, 21-31

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History of Parliament Trust

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1767-1830

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308-312

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'House of Lords Journal Volume 27: March 1749, 21-31', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 308-312. URL: http://british-history.ac.uk/report.aspx?compid=114290 Date accessed: 29 July 2014.


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March 1749, 21-31

DIE Martis, 21o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus Roffen.
Epus. Eliens.
Epus. Bristol.
Epus. Sarum.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Meneven.
Epus. Carliol.
Epus. Bangor.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
Dux Crafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
March. Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Holdernesse.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Craufurd.
Comes Home.
Comes Loudoun.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Waldegrave.
Comes Ashburnham.
Comes Bath.
Comes Fitzwilliam.
Comes Powis.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount Harcourt.
Viscount Leinster.
Ds. Delawarr.
Ds. Dudley.
Ds. Willoughby Br.
Ds Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Montfort.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.

PRAYERS.

E. of Craufurd takes the Oaths.

John Earl of Craufurd took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Manchester Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing and making more effectual Two Acts of Parliament, the One passed in the Eleventh Year of the Reign of His late Majesty King George the First, and the other in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Sherbrooke Hill, near Buxton and Chapel in the Frith, in the County of Derby, through the Town of Stockport, in the County of Chester, to Manchester, in the County of Lancaster; and for mending other Roads adjoining to the Road directed to be repaired by the first mentioned Act," 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."

Watlington Common, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing and dividing certain Commons and Wastes, within the Manor and Parish of Watlington, in the County of Norfolk."

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

L. Chamberlain.
D. Richmond.
D. Montagu.
D. Argyll.
D. Newcastle.
M. Rockingham.
E. Pembroke.
E. Lincoln.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Rochford.
E. Coventry.
E. Cowper.
E. Pomfret.
E. Bath.
E Fitzwilliam.
E. Powis.
Viscount Fauconberg.
Viscount Harcourt.
L. Abp. York.
L. Bp. Rochester.
L. Bp. Ely.
L. Bp. Sarum.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Landaff.
L. Delawarr.
L. Dudley.
L. Willoughby Par.
L. Ward.
L. Cornwallis.
L. Hervey
L. Onslow.
L. Cadogan.
L. Ducie.
L. Montfort.
L. Edgecumbe.
L. Sandys.
L. Anson.
L. Ravensworth.

Their Lordships, or any Five of them; to meet on the Third Day after the approaching Recess, at the usual Time and Place, and to adjourn as they please.

Visc. Dillon, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Lord Viscount Dillon in the Kingdom of Ireland, 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 several Estates, in the Counties of Mayo and Roscommon, in the Kingdom of Ireland, belonging to Henry late Lord Viscount Dillon, for Payment of Debts, and other Purposes therein mentioned"

Ely Fers and other, draining, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for draining and improving certain Fen Lands, within the Manors and Parishes of Upwell and Outwell, and the Parishes of Derver and Welney, in the Isle of Ely, and Counties of Cambridge and Norfolk."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

Their Lordships, or any Five of them, to meet To-morrow, 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, 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 Edwards and Mr Spicer

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

Kilburn Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and making more effectual Two Acts of Parliament, for repairing the Highway between a certain Place called Kilburn Bridge, in the County of Middlesex, and Sparrows Herne, in the County of Hertford."

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

It was Resolved in the Affirmative.

Kinghorn, Duty on Beer, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kinghorn and Liberties thereof."

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

It was Resolved in the Affirmative.

Anstruther Easter, Duty on Beer, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots upon every Scots Pint of Beer and Ale, which shall be sold or vended, brewed, brought in, or tapped for Sale, within the Town of Anstruther Faster and Liberties thereof"

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 Three preceding Bills.

And Messages were seve ally 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 Three last mentroned Bills, without any Amendment.

Hereford Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of His present Majesty, for repairing the several Roads leading into the City of Hereford," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Kenpe, Nat. Bill.

Frederick Christopher Kenpe took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Frederick Christopher Kempe"

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed.

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

Countess Kildore & al against Barton & al.,

The House being informed, "That a Person at tended, in order to deliver in Copies of certain Papers and Proceedings, in the Cause wherein Mary Countess of Kildore and others are Appellants, and Robert Burton and others 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.

Message from H C to return the Mutiny Bill.

A Message was brought from the House of Commons, by Mr Secretary at War and others.

To return the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Adjourn.

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

DIE Mercurii, 22o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ

Arch. Ebor.
Epus. Roffen.
Epus. Glocestr
Epus Eliens
Epus Bath & Wells.
Epus. Lincoln.
Epus. Norwic
Epus Meneven.
Epus Carliol.
Epus Bangor.
Dux Cumberland.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Richmond.
Dux St Albans.
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl
March Rockingham.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Litchfield.
Comes Jersey.
Comes Home
Comes Loudoun.
Comes Oxford.
Comes Strafford
Comes Halifax
Comes Harborough.
Comes Macclesfield
Comes Pomfret
Comes Fitzwalter.
Comes Bath.
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Folkestone
Ds. Dudley.
Ds Willoughby Br
Ds. Willoughby Par.
Ds North
Ds Maynard
Ds Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hay
Ds Onslow.
Ds. Romney.
Ds. Ducie.
Ds Raymond.
Ds Sandys
Ds Ravensworth.

PRAYERS.

Maxwell against Ferguson.

The Answer of Robert Ferguson, to the Appeal of Anna Maxwell and others, was brought in.

Hawksworth's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate of Walter Hawksworth Esquire, in the County of York, in him and his Heirs, and for settling the Manor of Hawksworth, in the same County, in Lieu thereof, to the like Uses," 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.

Kempe Nat. Bill.

His Lordship also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Frederick Christopher Kempe," was committed "That they had considered the said Bill, and examined the Aliegations 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.

Ely Fens and others, draining Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for draining and improving certain Fen Lands, within the Manors and Parishes of Upwell and Outwell, and the Parishes of Denver and Welney, in the Isle of Ely, and Counties of Cambridge and Norfolk," was committed.

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Marchester Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing and making more effectual Two Acts of Parliament, the One passed in the Eleventh Year of the Reign of His late Majesty King George the First, and the other in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Sherbrooke Hill, near Buxton and Chapel in the Firth, in the County of Derby, through the Town of Stockport, in the County of Chester, to Manchester, in the County of Lancaster, and for amending other Roads adjoining to the Road directed to be repaired by the first-mentioned Act"

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 Message were severally ordered to be sent to the House of Commons.

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

Hereford Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Third Year of the Reign of His present Majesty, for repairing the several Roads leading into the City of Hereford"

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

L. President.
D Richmond.
D Argyll.
D Ancaster.
M. Rockingham.
E. Lincoln.
E Northampton.
E Warwick
E Sandwich.
E Carlisle
E Litchfield.
E Oxford.
E Halifax
E. Pomfret
E. Bath
E Fitzwilliam
Viscount Fauconberg.
Viscount Falmouth
Viscount Folkestone
L Abp York
L Bp Rochester.
L Bp. Gloucester
L. Bp St Davids
L Bp Carlisle.
L. Bp. Bangor.
L Dudley
L. Willoughby Br.
L. Willoughby Par.
L North
L Maynard.
L Ward
L. Hay
L. Onslow.
L Romney
L. Ducie
L Raymond
L Sandys
L Ravensworth.

Then Lordships, or any Five of them, to meet on the First Day after the approaching Recess, at the usual Time and Place, and to adjourn as they please.

Keene, to exhibit a Petition for a Bill.

Upon reading the Petition of Edmund Keene Doctor in Divinity, Master and Keeper of the College of St. Peter, commonly called Peter-house, within the University of Cambridge, praying, "In regard the Petitioner was not apprized of a Difficulty in holding the Rectory of Glaston, in the County of Rutland, with another Rectory he is at present possessed of, before the Time limited for receiving Petitions for Private Bills was elapsed, that he may be at Liberty to exhibit a Petition, for Leave to bring in a Bill, to hold the said Rectory of Glaston, and that the same may be annexed to the Mastership of the said College of Peter-house, in such Manner as this House shall think proper"

It is Ordered, That the Petitioner be at Liberty to exhibit a Petition, as desired.

Leave for a Bill.

Accordingly, a Petition of the said Edmund Keene, was presented, and read, praying Leave to bring in a Bill, for the Purposes before-mentioned.

Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

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 then 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 then Speaker,

The Clerk of the Crown read the Titles of the several Bills ready for the Royal Assent, as follow.

Bills passed.

"1. An Act for punishing Mutiny and Defertion, and for the better Payment of the Army and then Quarters."

"2. An Act for repairing the Road from North Shields, in the County of Northumberland, to the Town of Newcastle upon Tyne"

"3 An Act for repairing the Road from The West Cowgate, near the Town of Newcastle upon Tyne, through the West End of Kenton, Pont Eland, Higham Dykes, Newham Edge, Belsay Mill, and South Middleton, to the North Side of the River Wanspeck, in the County of Northumberland."

"4 An Act for enlarging the Term and Powers granted by an Act passed in the Second Year of the Reign of His present Majesty, for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford, and for making the said Act more effectual"

"5 An Act to continue Two Acts of Parliament, One of the First, and the other of the Ninth, Year of the Reign of His present Majesty, for repairing and enlarging the Road leading from the House called The Sign of the Bills in the Parish of St Margaret in Rochester, to Maidstore, and other Road therein mentioned, in the County of Kent, and to rendering the same more effectual"

"6 An Act for effectually amending and repairing the Road leading from Wansford Bridge, in the County of Northampton, to the Town of Stamford, in the County of Lincoln"

"7 An Act for continuing and making more effectual Two Acts of Parliament, for repairing the Highway between a certain Place called Kilburn Bridge, in the County of Middlesex, and Sparrows Herne, in the County of Hertford"

"8. An Act for continuing and making more effectual Two Acts of Parliament, the one passed in the Eleventh Year of the Reign of His late Majesty King George the First, and the other in the Third Year of the Reign of His present Majesty, for repairing the Road leading from Sherbrooke Hill, near Buxton and Chapel in the Frith, in the County of Derby, through the Town of Stockport, in the County of Chester, to Manchester, in the County of Lancaster, and for amending other Roads adjoining to the Road directed to be repaired by the first-mentioned Act"

"9. An Act for repairing, enlarging, and preserving, the Harbour of Ellenfoot, in the County of Cumberland"

"10 An Act for draining and preserving certain Fen Lands and Low Grounds, in the several Parishes of Sutton, Mepall, Witcham, Chatteris, Doddington, and a Place called Byal Fen, in the Isle of Ely, and County of Cambridge, and also in the Parishes of Somersham and Pidley with Fenton, in the County of Huntingdon"

"11. An Act for draining and improving certain Fen Lands, within the Manors and Parishes of Upwell and Outwell, and the Parishes of Denver and Welney, in the Isle of Lly, and Counties of Cambridge and Norfolk"

"12. An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kinghorn and Liberties thereof"

"13 An Act for laying a Duty of Two Pennies Scots upon every Scots Pint of Beer and Ale, which shall be sold or vended, brewed, brought in, or tapped for Sale, within the Town of Anstrather Easter and Liberties thereof."

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

"Le Roy le veult"

"14 An Act for confirming an Order and Rule of the Court of Common Pleas, for assessing certain Lands and Tenements, in the Manor of Betlow, to the Parochial Rates and Levies of and in the Parish of Tring, in the County of Hertford"

"15. An Act for confirming and establishing an Agreement for dividing and enclosing certain Open Fields and Lands, in the Manors of Wakerley and Wittering, in the County of Northampton"

"16 An Act for confirming Articles of Agreement and in Award, for enclosing and dividing the Heaths, Wastes, Fields, and Common Grounds, in the Township of Norton juxta Twecross, in the County of Leicester"

"17 An Act for settling a certain Yearly Payment to the Rector of Broughton, in the County of Bucks, for the Time being, in Lieu of Tithes, and for other Purposes therein mentioned"

"18 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"

"19 An Act for empowering the Committee of the Estate of John Rogers Esquire, a Lanatick, to make Surrenders and Leases of the Freehold and Leasehold Estates of the said Lunatick, during his Lunacy"

"20 An Act to enable and oblige Charles Fitz Roy Esquire and Frances his Wife, and the Issue of her Body, to take and use the additional Surname and bear the Arms of Scudamore"

"21 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.

"22. An Act to enable Joseph Foster Barham Esquire and his Issue to take and use the Surname of Barham, pursuant to the Will of Henry Barham Esquire, deceased"

"23 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."

"24 An Act for naturalizing George William Renner and Christopher Frederick Pritzler."

"25. An Act for naturalizing Magdalen Aldworth."

"26 An Act for naturalizing Charles Louis Courant."

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

"Soit fait comme il 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.

Bishop of London's Bill.

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

With a Bill, intituled, "An Act to enable the Bishop of London, or his Successors, to demise or sell the Capital Messuage, or Mansion-house, called London House, for the Benefit of the Bishoprick of London," to which they desire the Concurrence of this House.

Rivers Avon and Froome, Navigation &c Bill.

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

With a Bill, intituled, "An Act for making more effectual an Act passed in the Eleventh and Twelfth Years of the Reign of King William the Third, for the better preserving the Navigation of the Rivers, Avon and Froome, and for cleansing, paving, and enlightening, the Streets of the City of Bristol, so far as the same Act relates to the paving and enlightening the said Streets, and for the regulating Hackney Coachmen, Halliers, Draymen, and Carters, and the Markets and Sellers of Hay and Straw, within the said City and Liberties thereof," to which they desire the Concurrence of this House.

Spalding Manor, Crown divesting of, Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others.

With a Bill, intituled, "An Act for divesting the Crown of the Reversion in Fee Simple of and in the Manors of Spalding and Holbech, and of several Lands, Tenements, and Hereditaments, to the same belonging, in the County of Lincoln, and of and in a Piece or Parcel of Ground, in the Parish of Saint Martin in the Fields, in the County of Middlesex, and the Buildings thereon, expectant on certain Estates Tail, and for vesting the same in certain other Persons therein named, to the Intent the same may be barred by proper Methods in Law, for the Purposes therein mentioned," to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Visc Dillon & Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of several Estates, in the Counties of Mayo and Roscommon, in the Kingdom of Ireland, belonging to Henry late Lord Viscount Dillon, for Payment of Debts, and other Purposes therein mentioned."

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 Thursday the Sixth Day of April next, at the usual Time and Place, and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem Aprilis jam prox sequen hora undecima Auroræ, Dominis sic decernentibus.