House of Lords Journal Volume 27
January 1750, 21-30

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History of Parliament Trust

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1767-1830

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392-397

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'House of Lords Journal Volume 27: January 1750, 21-30', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 392-397. URL: http://british-history.ac.uk/report.aspx?compid=114304 Date accessed: 01 September 2014.


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January 1750, 21-30

DIE Mercurii, 24o Januarii

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch. Ebor
Epus. Roffens.
Epus Glocestriens
Epus Bristol
Epus Cicestriens
Epus Bath. & Wells.
Epus Lincoln
Epus Meneven.
Epus Carliol.
Epus Petriberg
Epus Asaphen
Epus Landavens.
Epus Norwic.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Argyll.
Comes Northampton.
Comes Warwick.
Comes Loudoun
Comes Leven
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Lonsdale
Ds Delawarr
Ds Cornwallis.
Ds Hay.
Ds Onslow.
Ds Cadogan.
Ds Raymond.
Ds. Sandys.

PRAYERS.

Davidson against Sinclair & al

The Answer of Captain Henry Sinclair of Carlourie Esquire and Mr Adam Inglis his Factor, to the Appeal of James Davidson Bookseller in Edinburgh, was brought in.

Churchill's Petition referred to Judges.

Upon reading the Petition of Charles Churchill Esquire, for and in Behalf of himself and his Infant Sons Charles Churchill and Robert Churchill, praying Leave to bring in a Bill, to enable Trustees named in the Will of Charles Churchill Esquire, deceased, and in the Petitioner's Marriage Settlement, to invest the Trust Monies, in the Petition mentioned, in the Purchase of Lands, to be settled to the Uses therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Clarke, with the usual Directions, according to the Standing Order.

D Somerset & al Leave for a Bill, for the Lady of Northumberland to take the Name and Arms of Percy

Upon reading the Petition of Algernon Duke of Somerset, and Earl of Hartford, Northumberland and Igre mont, and Baron Percy, and of Sir Hugh Smithson Baronet and Lady Elizabeth Smithson his Wife, Daughter and only surviving Child of the said Duke, pray ing Leave to bring in a Bill, to enable the Petitioners Sir Hugh Smithson and his Wife, after the Death of the Petitioner the said Duke, and the Persons to whom the Dignity and Honour of Earl of Northumberland shall descend, and their respective Issue, to take the Surname of Percy, and bear and quarter the Coats of Arms borne by the Percys Earls of Northumberland

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

Mortlock to take the Name of Pettiward, Bill

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Roger Mortlock Doctor in Divinity, now called Roger Pettiward, and the Heirs of his Body, to take and use the Surname and Arms of Pettiward."

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

L. Chamberlain
D Argyll
E Northampton.
E Warwick
E Loudoun.
E. Leven.
E. Fitzwilliam.
Viscount Fauconberg
Viscount Lonsdale.
L. Abp. Cant.
L. Abp. York.
L Bp. Rochester
L Bp Lincoln
L Bp Landaff.
L Bp Norwich.
L Delawarr.
L. Cornwallis.
L Hay
L Onslow
L Cadogan
L. Raymond.
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.

Hake's Nat Bill

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Engelbert Hake," 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."

Bp of St. Davids & al Petition for a Bill, relative to Trevors' Estates.

Upon reading the Petition of Richard Lord Bishop of St. Davids, Grace Trevor and Mary Trevor Spinsters, the Honourable George Boscawen Esquire and Ann Boscawen his Wife, Margaret Trevor and Ruth Trevor Spinsters, Charles Roper Esquire and Gertude Roper his Wife, and Arabella Trevor Spinster, and for and on Behalf of the Children of the said George Boscawen and Ann his Wife and Charles Roper and Gertude his Wife, who are all Infants, praying Leave to bring in a Bill, for Sale of so much Timber, standing on certain Estates in the Petition mentioned, in the Counties of Denbigh and Flint, as shall be necessary to discharge Debts and Legacies, and for granting and renewing Leases of certain Mines, in the said County of Flint

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Clarke and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Visc Bulkeley & al Petition referred to Judges

Upon reading the Petition of James Viscount Bulkeley of the Kingdom of Ireland, Brother and Hen of Richard late Viscount Bulkeley, deceased, Edward Williams Esquire and Jane his Wife, commonly called Lady Bulkeley, formerly Wife of the said Richard late Viscount Bulkeley, praying Leave to bring in a Bill, to enable the Petitioner the Viscount, with the Consent of the said Edward Williams and his Wife, to cut down the Timber growing on her Jointure Lands, in the Petition mentioned, for the Purposes therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Abney and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Myddleton & al Petition referred to Judges.

Upon reading the Petition of Richard Myddelton Esquire, and of Dorothea Dashwood Widow, and Mary Read Spinster, Committees of the Person and Estate of Ann Myddelton Widow, a Lunatick, praying Leave to bring in a Bill, for establishing and carrying into Execution Two several Indentures, in the Petition mentioned, relating to the Person and Estate of the said Lunatick, for her Benefit.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr. Baron Clive, with the usual Directions, according to the Standing Order.

Dicconson & al Petition referred to Judges

Upon reading the Petition of William Dicconson Esquire and Meliora his Wife, on Behalf of her Brother Richard Stanley Gentleman, who, by Inquisition taken in the Year 1748, was found to be a Lunatick, and of whose Estate the same Mcliora is Committee, praying Leave to bring in a Bill, for Sale of a competent Part of an Estate, in the Petition mentioned, to pay off and discharge the several Encumbrances now affecting the same, and to lay out the Surplus Money (if any) arising by such Sale, in the Purchase of another Estate, for the Use of the said Lunatick.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr. Justice Birch, with the usual Directions, according to the Standing Order.

Adjourn.

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

DIE Jovis, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Carliol.
Epus. Petriburg.
Epus. Bangor
Epus. Landavens.
Ds. Hardwicke, Cancellarius
Dux Marlborough, Senescallus.
Dux Richmond.
Dux St. Albans.
Comes Lincoln
Comes Northampton
Comes Winchilsea
Comes Leven
Comes Halifax
Comes Harborough.
Comes Fitzwalter.
Comes Fitzwilliam.
Viscount Fauconberg.
Ds Delawarr.
Ds. Willoughby Par.
Ds Cornwallis.
Ds. Bathurst.
Ds Onslow.
Ds Ducie
Ds Edgecumbe.
Ds. Sandys.

PRAYERS.

Needham & al Petition referred to Judge.

Upon reading the Petition of John Needham Esquire and Ann his Wife, on Behalf of themselves and of Thomas Needham their Infant Son, John Leche Esquire and Mary his Wife, and Elizabeth Hurleston Spinster, praying Leave to bring in a Bill, for Sale of an Estate in the County of Lancaster, in the Petition mentioned, and applying the Money arising thereby according to an Agreement therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr. Baron Legge, with the usual Directions, according to the Standing Order.

Sir T Mostyn & al Petition referred to Judges

Upon reading the Petition of Sir Thomas Mostyn Baronet and Dame Sarah his Wife, on Behalf of themselves, and of Roger Mostyn their Eldest Son, and Thomas, Ann, Daniel, and Frances Mostyn, their Younger Children, praying Leave to bring in a Bill, for disposing of an Estate in the County of Anglesey, in the Petition mentioned, and settling another Estate to the same Uses.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clarke and Mr. Baron Legge, with the usual Directions, according to the Standing Order.

Sir Tho Hay against Thomas Hay.

Upon reading the Petition and Appeal of Sir Thomas Hay of Alderston Baronet, complaining of several Interlocutors, as well of the Lord Ordinary as Lords of Session in Scotland, the last dated the 12th Instant, made on the Behalf of Mr. Thomas Hay of Mordington, and praying, "That the said Interlocutors may be reversed or varied, and such Relief given the Appellant as to this House shall seem meet"

It is Ordered, That the said Thomas Hay may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 22d Day of February next, and that Service of this Order on the Respondent's Agent or Solicitor, or on his Procurators or Council in the Court below, be deemed good Service.

Ross to enter into Recognizance for Sir T Hay

The House being moved, "That Mr. Alexander Ross may be permitted to enter into a Recognizance for the aforementioned Appellant, he residing in Scotland

It is Ordered, That the said Alexander Ross may enter into a Recognizance, for the said Appellant, as desired.

Hake's Nat. Bill

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Engelbert Hake"

The Question was put, "Whether the said 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 Bennett

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 Lunæ, vicesimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 29o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Roffen.
Epus. Cicestriens.
Epus Lincoln
Epus. Meneven.
Epus. Carliol.
Epus. Petriberg.
Epus. Norwic.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Marlborough, Senescallus.
Dux Newcastle.
Comes Lincoln.
Comes Northampton.
Comes Strafford.
Comes Orford.
Comes Fitzwalter.
Comes Bucks.
Comes Fitzwilliam.
Viscount Fauconberg.
Ds. Delawarr.
Ds. Wentworth.
Ds Willoughby Par.
Ds North.
Ds Cornwallis.
Ds Ducie.
Ds. Anson.

PRAYERS.

Malt Bill.

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

With a Bill, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Report of Commissioners of Greenwich Hospital, delivered

The House being informed, "That Mr Horne, from the Commissioners of Greenwich Hospital, attended"

He was called in, and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1748, and 30th November 1749, and of their Proceedings in carrying on the Building"

And then he was directed to withdraw.

And the Title thereof being read by the Clerk.

Ordered, That the same do lie on the Table.

Mortlock to take the Name of Pettiward, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Roger Mortlock Doctor in Divinity, now called Roger Pettiward, and the Heirs of his Body, to take and use the Surname and Arms of Pettiward," 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"

Sergison's Petition referred to Judges

Upon reading the Petition of Thomas Sergison Esquire, for himself, and on the Behalf of his Three Daughters, Sarah, Prudence, and Mary, who are all Infants, praying Leave to bring in a Bill, for Sale of a settled Estate in the County of Sussex, and for the Purchase of other Estates in the same County, to be settled to so many of the Uses of the Petitioner's Marriage Settlement as are now subsisting.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Burnett and Mr Justice Foster, with the usual Directions, according to the Standing Order.

Walters & al Petition referred to Judges

Upon reading the Petition of Henry Walters the Younger Esquire and Ann his Wife, and Joseph Houlton Esquire, praying Leave to bring in a Bill, for Sale of an Estate, in the Petition mentioned, in the County of Nottingham, and making Exchanges of other Estates, as is therein expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Bate & al Petition for a Bill to sell Barker's Estate, referred to Judges

Upon reading the Petition of John Bate Clerk and Catherine Bate his Wife, late the Wife of Hugh Barker formerly of London Merchant, but afterwards of Calcutta in The East Indies, deceased, Diana Barker Widow of Hugh Barker Esquire, deceased, who was Son of the first-named Hugh Barker, for herself and on the Behalf of Diana Mary Barker an Infant, her Daughter and only Child by the said Hugh Barker Esquire, and also of John Allen Pusey of Pusey in the County of Berks Esquire, praying Leave to bring in a Bill, for vesting an Estate, in the Petition mentioned, in the County of Bucks, in Trustees, in order to convey the same to Sampson Gideor Esquire, who has agreed to purchase the same, and for other Purposes in the Petition expressed.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer, with the usual Directions, according to the Standing Order.

Cantillon & al Petition referred to Judges.

Upon reading the Petition of Philip Cantillon of London Merchant and Rebecca his Wife, One of the Daughters of William Newland Esquire, deceased, and of Robert Dillon Esquire, for and on the Behalf of Christian Dillon his Daughter, an Infant, by Martha Dillon his late Wife, deceased, another Daughter of the said William Newland, which Rebecca Cantillon and Christian Dillon are the Coheirs of the said William Newland, praying Leave to bring in a Bill, for Sale of an Estate in the County of Surry, and applying the Surplus of the Money arising thereby (after discharging the Encumbrances affecting the same) for the Benefit of the Persons intituled to the said Estate.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr Baron Clive, with the usual Directions, according to the Standing Order.

Ly Lake & al Petition referred to Judges

Upon reading the Petition of Dame Mary Lake, Widow and Relict and sole Executrix and Devisee of the Real Estate of Sir Bibye Lake Baronet, deceased, Sir Cæsar Child Baronet, Elizabeth Flower Widow, and Phillip Hubert Esquire, for himself and on the Behalf of Phillip Hubert his Son, an Infant, praying Leave to bring in a Bill, for carrying into Execution certain Agreements between the Petitioners, for making Partitions of several Estates in the Petition mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Abney and Mr Justice Birch, with the usual Directions, according to the Standing Order.

Orme's Petition referred to Judges

Upon reading the Petition of Garton Orme Esquire, only Son of Robert Orme Esquire, by Dorothea his Wife, both deceased, and of Charlotte Orme Spinster, Daughter and only Child of the said Garton Orme, praying Leave to bring in a Bill, for confirming and establishing an Agreement contained in an Indenture of the 30th of May 1747, and another Agreement, of the 27th Instant, in the Petition mentioned, and for rendering the same effectual.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Justice Wright and Mr Justice Burnett, with the usual Directions, according to the Standing Order.

Copley, Leave for a Bill of Divorce

Upon reading the Petition of Godfrey Copley of Spotsbrough in the County of York Esquire, praying Leave to bring in a Bill, for dissolving the Marriage of the Petitioner with Anna Marta Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned.

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

Schomberg's Nat Bill

Upon reading the Petition of Isaac Schomberg of Trinity College, in the University of Cambridge Doctor in Physick, 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 Lord Delawarr presented to the House a Bill, intituled, "An Act for naturalizing Isaac Schomberg Doctor in Physick."

And the same was read the First Time.

Baynes & al against E Sutherland

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Walter Baynes Esquire and others are Appellants, and William Earl of Sutherland is Respondent."

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 7th Day of February next.

Respondents to Hogs Appeal peremptorily to answer

The House was informed, "That John Hog and his Daughter had not put in their Answer to the Appeal of Julia, Mary, Barbara, and Jean Hog, and others, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit, made by Henry Scrymgeor Writer to the Signet, of the due Service of the said Order, being read.

It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus. Glocestr.
Epus Wigorn
Epus. Bristol.
Epus. Cicestriens.
Epus Meneven.
Epus. Carliol
Epus Bangor.
Epus Asaphen.
Epus Norwic.
Ds Hardwicke, Cancellarius.
Comes Buckinghamshire.

PRAYERS.

In order to solernize this Day, being, by Act of Parliament, appointed to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First,

Adjourn

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

DIE Mercurii, 31o Januarii

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus Roffen.
Epus Sarum.
Epus Lincoln.
Epus Meneven.
Epus Carliol
Epus Petriburg.
Epus. Bangor.
Epus Asaphen
Epus. Landavens.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Dux Grafton, Camerarius.
Dux Richmond
Dux St Albans
Comes Northampton
Comes Warwick.
Comes Leven.
Comes Halifax.
Comes Sussex
Comes Harborough.
Comes Fitzwalter.
Comes Leicester
Comes Bucks
Viscount Fauconberg.
Ds. Wentworth.
Ds Willoughby Par.
Ds Ducie
Ds Monson.
Ds. Sandys.

PRAYERS.

His Majesty's Advocate against L Pitsligo

The Answer of Alexander Lord Forbes of Pitsligo, to the Appeal of William Grant Esquire His Majesty's Advocate for Scotland, was brought in.

Thanks to Bp. of Norwich, for his Sermon

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Norwich, 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.

Malt Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty."

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

Mortlock to take the Name of Pettiward, Bill

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Roger Mortlock Doctor in Divinity, now called Roger Pettiward, and the Heirs of his Body, to take and use the Surname and Arms of Pettiward"

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 Allen

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

Spalding and Holbech Manors, Bill

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

With a Bill, intituled, "An Act for vesting in Trustees certain Leases and Estates, therein mentioned, 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, which were forfeited by James late Duke of Monmouth, put in Exigent upon an Indictment of High Treason, to the Intent that the Loss of the Record of such Indictment, and of the Capias and Exigent thereon, may be supplied, for the Purposes therein mentioned," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Schomberg's Nat Bill

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Schomberg Doctor in Physick."

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

L President
L Chamberlain.
D Richmond.
D St Albans
E Northampton.
E Warwick.
E. Leven.
E. Halifax.
E Harborough.
E Fitzwalter.
E. Bucks.
Viscount Fauconberg.
L Bp. Rochester.
L Bp Gloucester
L Bp St Davids.
L Bp Carlisle
L Bp St. Asaph.
L. Bp Norwich.
L Wentworth
L Willoughby Par.
L. Ducie
L Monson.
L. Sandys.

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

Hay peremptorily to answer the Appeal of the Presbytery of Duns.

The House was informed, "That John Hay of Belton, Respondent to the Appeal of Mr. John Home Minister of Greenlaw, Moderator, and others, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit, made by John Davidson Junior, Writer to the Signet, of the due Service of the said Order, being read.

Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, in a Week.

Adjourn.

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