House of Lords Journal Volume 27
April 1749, 21-30

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History of Parliament Trust

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1767-1830

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326-330

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'House of Lords Journal Volume 27: April 1749, 21-30', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 326-330. URL: http://british-history.ac.uk/report.aspx?compid=114293 Date accessed: 30 October 2014.


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April 1749, 21-30

DIE Veneris, 21o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus. Wigorn.
Epus. Eliens.
Epus. Lincoln.
Epus Carliol.
Epus. Bangor.
Epus. Landavens.
Ds Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Argyll.
Dux Newcastle.
March Tweeddale.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Oxford.
Comes Granville.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Leicester.
Comes Bucks.
Comes Fitzwilliam.
Viscount Say & Seale.
Ds Maynard.
Ds Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.
Ds. Bathurst.
Ds Onslow.
Ds Cadogan.
Ds. Ducie.
Ds Raymond.
Ds Ilchester.
Ds Sandys.
Ds. Feversham.

PRAYERS.

Weymouth, Petty Customs collecting, &c Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for the better ascertaining, recovering, and collecting, certain Duties, commonly called Petty Customs, or Wharfage, payable upon the Importation and Exportation of Goods and Merchandizes into or out of the Harbour of the Borough and Town of Waymouth and Melcombe Regis, in the County of Dorset, and also of Ballast and Harbour Duties, payable in respect of Ships and Vessels coming into and going out of the said Harbour, and for the better repairing and keeping in Repair the said Harbour, and the Wharfs and other Public Buildings and Works within the said Borough and Town," 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."

Boroughbridge Road, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Powers granted by an Act passed in the Sixteenth Year of the Reign of His present Majesty, for repairing the Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Peirsbridge, on the River Tees, was committed."

Whittlesey Fens draining, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual draining and preserving of several Fen Lands and Field Lands, in the Bounds and Precincts of Whittlesey, in the Isle of Ely, in the County of Cambridge."

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

L. Privy Seal.
D. Argyll.
D Newcastle.
E. Sandwich.
E. Carlisle.
E. Craufurd.
E. Oxford.
E Granville.
E Halifax.
E. Pomfret.
E Fitzwilliam.
Vis. Say & Seale.
L. Bp. Rochester.
L. Bp. Ely.
L. Bp Lincoln.
L Bp Bangor.
L. Bp Landaff.
L. Maynard.
L Ward.
L Hervey.
L Bathurst.
L Onslow.
L Ducie.
L. Ilchester.
L. Sandys.

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

Manufactures, to prevent Frauds in, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures, and for preventing unlawful Combinations of Journeymen Dyers and Journeymen Hot-pressers, and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages."

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

Campbell against Sir Peter Halket.

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of John Campbell Cashier of the Royal Bank of Scotland, complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 24th of July 1744, and of his Adherence thereunto the 12th of December next following, and also of an Interlocutor of the Lords of Session of the 14th of January 1747, whereby they adhered to the Lord Ordinary's Interlocutor, and likewise of another Interlocutor of the said Lords, of the 9th of June 1747, and also of a subsequent Interlocutor of the same Lords, of the 21st of July following, adhering to their former Interlocutor, all made on the Behalf of Sir Peter Halket of Pitfirran Baronet, and praying, "That the same might be reversed, varied, or altered, and such other Relief given the Appellant as to the great Wisdom and Justice of this House should seem meet" As also upon the Answer of the said Sir Peter Halket put in to the said Appeal, and due Consisideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords (fn. 1) 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.

Argyllshire, Roll of Valuation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making an authentic Roll of Valuation for the Shire of Argyll."

After some Time, the House was resumed.

And the Earl of Halifax 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."

Adjourn.

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

DIE Lunæ, 24o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus. Roffen.
Epus. Wigorn.
Epus. Cicestriens.
Epus Sarum.
Epus Meneven.
Epus. Carliol.
Epus. Petriburg.
Epus. Bangor.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S
Dux Beaufort.
Dux Leeds.
Dux Portland.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Craufurd.
Comes Morton.
Comes Oxford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Fitzwalter.
Comes Bucks.
Comes Fitzwilliam.
Viscount Say & Seale.
Viscount Fauconberg.
Ds. Dudley.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds North.
Ds. Maynard.
Ds. Ward.
Ds. Cornwallis.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds Monson.
Ds. Ilchester.
Ds. Sandys.
Ds. Ravensworth.

PRAYERS.

Ross Road, repairing, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the several Roads leading into the Town of Ross, in the County of Hereford," to which they desire the Concurrence of this House.

Navy Bills, &c discharging, Bill.

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

With a Bill, intituled, "An Act to charge the Sinking Fund with the Payment of Annuities, in Discharge of Navy, Victualing, and Transport Bills, and Ordnance Debentures, to the Amount therein mentioned," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Williams & al Bill to sell Robinson Lytton's Estate.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for disposing of Part of the Real Estate of William Robinson Lytton Esquire, deceased, directed by his Will to be sold, for raising Portions for his Daughters, in order to discharge Encumbrances affecting the same, and for other Purposes therein mentioned," 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.

Gwyn's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Francis Gwyn Esquire, in the County of Devon, for raising Money, to discharge his Sisters Portions, and other Encumbrances affecting the same, and for other Purposes therein mentioned,' stands committed, which is appointed to meet on Thursday next, be put off to the next Day, and that the Earl of Oxford, Earl Poulet, Lord Viscount Say and Seale, Lord Ward, Lord Bathurst, and Lord Ilchester, be added thereto.

Argyllshire Roll of Valuation, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for making an authentic Roll of Valuation for the Shire of Argyll."

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

It was Resolved in the Affirmative.

Weymouth Petty Customs, collecting, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the better ascertaining, recovering, and collecting, certain Duties, commonly called Petty Customs, or Wharsage, payable upon the Importation and Exportation of Goods and Merchandizes into or out of the Harbour of the Borough and Town of Waymouth and Melcombe Regis, in the County of Dorset, and also of Ballast and Harbour Duties payable in respect of Ships and Vessels coming into and going out of the said Harbour, and for the better repairing and keeping in Repair the said Harbour, and the Wharss and other Public Buildings and Works within the said Borough and Town"

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

It was Resolved in the Affirmative.

Boroughbridge Road, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Powers granted by an Act passed in the Sixteenth Year of the Reign of His present Majesty, for repairing the Road from Boroughbridge, in the County of York, to Catherick, in the same County, and from thence to Peirsbridge, on the River Tees"

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 preceeding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Burroughs and Mr Allen

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

Whittlesey Fens, draining, Bill.

Ordered, That the Earl of Lincoln, Earl of Northampton, Earl of Warwick, Earl Waldegrave, Lord Willoughby of Parham, Lord North, and Lord Edgecumbe, be added to the Committee to whom the Bill, intituled, An Act for the more effectual draining and preserving of several Fen Lands and Field Lands, in the Bounds and Precincts of Whittlesey, in the Isle of Ely, in the County of Cambridge," stands committed.

Mortimer, & al Leave for a Bill to sell Mansfield's Estate.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Mortimer 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 divers Lands and Tenements, in Twickenham, in the County of Middlesex, devised by the Will of Paul Mansfield, deceased, pursuant to an Agreement for that Purpose, and for the Benefit of his Grandchildren"

Steuart and her Husband against Heron.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Agnes Steuart and her Husband are Appellants, and Christian Heron is Respondent"

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.

Williams & al Bill to sell Robinson Lytton's Estate.

Hodie 3a vice lecta est Billa, intituled, "An Act for disposing of Part of the Real Estate of William Robinson Lytton Esquire, deceased, directed by his Will to be sold, for raising Portions for his Daughters, in order to discharge Encumbrances affecting the same, and for other Purposes therein mentioned"

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

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by the former Messengers.

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

Message from thence, to return Glynn's Bill.

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

To return the Bill, intituled, "An Act for Sale of Part of the settled Estate of Nicholas Glynn Esquire, deceased, for discharging Encumbrances, and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Manufactures, Frauds in, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures, and for preventing unlawful Combinations of Journeymen Dyers and Journeymen Hot-pressers, and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages."

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."

Adjourn.

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

DIE Martis, 25o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen
Epus Glocestr.
Epus Wigorn.
Epus Cicestriens.
Epus Meneven.
Epus Petriburg.
Epus Asaphen.
Epus. Landavens.
Ds. Hardwicke, Cancellarius
Comes Pembroke.
Comes Harborough.

PRAYERS.

In order to proceed to the Abbey Church, Westminster, to solemnize this Day, being, by His Majesty's Royal Proclamation, appointed to be observed as a Day of Public Thanksgiving, for the Conclusion of a just and honourable Peace,

Adjourn.

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

DIE Mercurii, 26o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus Londin.
Epus. Roffen.
Epus. Glocestriens.
Epus. Oxon
Epus. Wigorn.
Epus Eliens
Epus Bristol
Epus Cicestriens
Epus Sarum
Epus Lincoln.
Epus. Meneven.
Epus Carliol
Epus Bangor.
Epus. Landavens.
Ds Hardwicke, Cancellarius
Comes Gower, C. P. S
Dux Rutland
Dux Argyll
Dux Kingston
Dux Newcastle
Dux Chandos
March Tweeddale
March. Rockingham.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet
Comes Sandwich.
Comes Shaftesbury
Comes Berkeley
Comes Coventry.
Comes Jersey
Comes Loudoun.
Comes Oxford.
Comes Strafford
Comes Granville.
Comes Halifax
Comes Cowper
Comes Harborough.
Comes Macclesfield.
Comes Pomfret
Comes Graham
Comes Fitzwalter.
Comes Bath.
Comes Bucks
Comes Fitzwilliam
Viscount Say & Seale.
Viscount Lonsdale.
Ds Delawarr
Ds Willoughby Br.
Ds Willoughby Par.
Ds North
Ds Maynard.
Ds Strange.
Ds Ward
Ds Berkeley.
Ds. Cornwallis.
Ds Bathurst.
Ds Cadogan.
Ds Ducie.
Ds Sandys.
Ds. Ravensworth.

PRAYERS.

Scott against L. Napier & al.

The Answer of William Grant Esquire, His Majesty's Advocate for Scotland, to the Appeal of Francis Scott, was brought in.

D of Kingston takes the Oaths.

Evelyn Duke of Kingston took the Oaths, and made and subscribed the Declaration, and also took and sub scribed the Oath of Abjuration, pursuant to the Statates.

Thanks to the Bishop of St Asaph for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St Asaph, for the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster, and he is hereby desired to cause the same to be printed and published.

Navy Bills, &c discharging, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to charge the Sinking Fund with the Pavment of Annuities, in Discharge of Navy, Victualing, and Transport Bills, and Ordinance Debentures, to the Amount therein mentioned"

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

Manufactures, Frauds in, to prevent, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual preventing of Frauds and Abuses committed by Persons employed in the Manufacture of Hats, and in the Woollen, Linen, Fustian, Cotton, Iron, Leather, Fur, Hemp, Flax, Mohair, and Silk Manufactures, and for preventing unlawful Combinations or Journeymen Dyers and Journeymen Hot-presiers, and of all Persons employed in the said several Manufactures, and for the better Payment of their Wages"

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 Edwards and Mr Sawyer

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

Ross Roads, repairing Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the several Roads leading into the Town of Ross, in the County of Hereford"

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

Ld Privy Seal
D Kingston.
D Newcastle.
M. Rockingham.
E Northampton
E Warwick
E Stamford
E Shaftesbury
E Jersey
E Oxford
E Halifax
E Pomfret
E Bath
E Fitzwilliam
Vis Say & Seale.
L Bp Rochester
L B. Gloucester
L B Worcester
L B Bristol
L B St Davids.
L B Bangor.
L Bp Landaff
Ld Delawarr
L Willoughby Par.
L. North
L Maynard.
L Strange
L Ward
L Cornwallis.
L Ducie
L Sandys

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

Mortimer & al to sell Mansfield's Estate, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of divers Lands and Tenements, in Twickenham, in the County of Middlesex, devised by the Will of Paul Mansfield, deceased, pursuant to an Agreement for that Purpose, and for the Benefit of his Grandchildren"

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 11th Day of May next, at the usual Time and Place, and to adjourn as they please.

Bristol Roads, repairing, Bill.

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

With a Bill, intituled, "An Act for continuing Two Acts of Parliament, the one passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the several Roads leading from the City of Bristol, and the other passed in the Fourth Year of the Reign of His present Majesty, to explain and amend the same Act, and for making the said Acts more effectual, and also for repairing other Roads therein mentioned," to which they desire the Concurrence of this House.

Post office Act, explaining, Bill.

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

With a Bill, intituled, "An Act to explain and amend so much of an Act made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for establishing a General Post-office for all Her Majesty's Dominions, and for settling a Weekly Sum, out of the Revenues thereof, for the Service of the War, and other Her Majesty's Occasions," as relates to Horses or Furniture to be let to Persons riding Post," to which they desire the Concurrence of this House.

Broad Blunsdon Common, enclosing, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Broad Blunsdon, in the County of Wilts, and making the same more effectual," to which they desire the Concurrence of this House.

King's Ships, &c better Government, Bill.

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

With a Bill, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea," to which they desire the Concurrence of this House.

The said Four last mentioned Bills were all read the First Time.

Ordered, That the Bill last mentioned be read a Second Time on this Day Sevennight, and the Lords to be summoned, and that the same be printed.

Scott to amend his Appeal.

A Petition of Francis Scott, was presented, and read; setting forth, "That he has been but lately advised, by his Counsel, to endeavour to procure all Persons who were Parties in the Cause below to be made Respondents to his Appeal, though not materially concerned in Interest, left it might occasion the putting off the hearing the same, and that he has omitted inserting an Interlocutor of the Lord Ordinary in this Cause, dated the 28th of November 1740, and complaining thereof," and praying, "That he may be at Liberty to amend his said Appeal, by adding all the Parties who were originally so below, and to insert the said Interlocutor and pray the Reversal of the same"

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

And being withdrawn.

Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired, and make Respondents all Persons who were Parties below, and insert the said Interlocutor, and that the Petitioner do pay, or cause to be paid, to the Respondent, Ten Pounds, for Costs occasioned by the said Amendments, and that the new Respondents do put in their Answer or respective Answers to the said Appeal in Four Weeks.

America, United Brethren, settling there, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made some Progress in the said Bill."

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

Bowler's Nat. Bill.

Upon reading the Petition of Emanuel Bowler, praying Leave to bring in a Bill, for his Naturalization.

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

Accordingly the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing Emanuel Bowler."

And the same was read the First Time.

Then, the said Emanuel Bowler took the Oaths appointed, in order to his Naturalization.

Causes put off.

Ordered, That the Cause which stands to be heard on Friday next be put off till To-morrow Sevennight, and the other Causes removed, to come on in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Maii jam prox sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Bis in Originali.