House of Lords Journal Volume 27
February 1751, 21-28

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History of Parliament Trust

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1767-1830

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495-499

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'House of Lords Journal Volume 27: February 1751, 21-28', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 495-499. URL: http://british-history.ac.uk/report.aspx?compid=114319 Date accessed: 30 July 2014.


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February 1751, 21-28

DIE Jovis, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch. Ebor
Epus Dunelm
Epus Cicestriens.
Epus. Meneven.
Epus Carliol.
Epus Petriburg
Epus. Landavens.
Epus. Norwic.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Bedford.
Dux Devon
Dux Argyll
Dux Portland.
March. Tweeddale.
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Carlisle
Comes Shaftesbury.
Comes Jersey
Comes Moray
Comes Loudoun
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Oxford
Comes Bristol.
Comes Pomfret.
Comes Northumberland.
Viscount Fauconberg.
Ds Willoughby Par.
Ds Strange
Ds Cadogan
Ds Ducie
Ds Edgecumbe
Ds Ravensworth.
Ds Archer.

PRAYERS.

E of Bristol takes his Seat.

George William Earl of Bristol sat first in Parliament, after the Death of his Grandfather, having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Copley's Divorce, Bill.

The Lord Willoughby of Parham (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again, and for other Purposes therein mentioned," was committed, the Amendments made by the Committee to the said Bill.

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

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

Krauter's Nat Bill.

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

Visc Bulkeley & al Leave for Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Lord Viscount Bulkeley 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 empowering Trustees to cut down and sell Timber growing upon the Jointure Lands of Jane Lady Bulkeley, late Wife of Richard late Lord Bulkeley Viscount Cashells in the Kingdom of Ireland, deceased, for discharging his Debts"

Cantillon & al Petition referred to Judges.

Upon reading the Petition of Philip Cantillon of London Merchant, and Rebecca Cantillon 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 deceased, and which Rebecca Cantillon and Christian Dillon are the Coheirs of the said William Newland, praying Leave to bring in a Bill, for Sale of certain Estates, in Gatton, Rygate, and Meastham, in the County of Surry, pursuant to a Contract in the Petition mentioned, and for other Purposes therein 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.

Respondents peremptorily to answer Foulis's Appeal.

The House was informed, "That Richard Dodswell and others, Respondents to the Appeal of John Foulis Clerk, have not put in their Answer thereto, though duly served with the Order of this House for that Purpose"

And thereupon an Affidavit made by Samuel Mitchelson Clerk 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 or respective Answers to the said Appeal in a Week.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 one"

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."

Address for State of National Debt (fn. 1)

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1749 and 31st December 1750, together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Message from H C to return Liotard & al Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Liotard and Daniel Richard," and to acquaint this House, that they have agreed to their Lordships Amendments made thereto"

Copley's Divorce Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Godfrey Copley Esquire with Anna Maria Brace his now Wife, and to enable him to marry again; 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 Mr Sawyer and Mr Montague

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

Adjourn.

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

DIE Lunæ, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor.
Epus. Londin.
Epus. Dunelm.
Epus. Roffen.
Epus. Glocestr
Epus Cicestriens.
Epus. Meneven.
Epus Hereford.
Epus Carliol.
Epus Petriburg.
Epus. Asaphen.
Epus Landavens
Epus. Litch. & Cov.
Epus. Bristol.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Marlborough, Senescallus.
Dux Somerset.
Dux St. Albans.
Dux Newcastle
Dux Portland
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Winchilsea
Comes Chesterfield.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Poulet.
Comes Moray.
Comes Loudoun.
Comes Findlater.
Comes Leven.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Stanhope.
Comes Macclesfield.
Comes Pomfret
Comes Brooke
Comes Bucks
Comes Northumberland.
Viscount Fauconberg.
Viscount Folkestone.
Ds Willoughby Par.
Ds Maynard.
Ds Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds Foley
Ds Bathurst.
Ds Onslow.
Ds Romney.
Ds Cadogan.
Ds Edgecumbe.
Ds. Sandys.
Ds Archer.
Ds. Vere.

PRAYERS.

The King's Answer to Address for a State of National Debt.

The Lord Steward reported, "That the Lords with White Staves had (pursuant to the Order of Thursday last) presented to His Majesty the Address of this House, for a State of the National Debt, provided or unprovided for by Parliament, and that His Majesty was pleased to say, He would give Orders accordingly"

Smith to take the Name of Holworthy, Bill.

The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow, also deceased," 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"

Ordered, That the said Bill be engrossed.

Peers & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Peers Esquire 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 the Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Esse, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will."

Malt Bill.

Hodie 3a 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-one"

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

It was Resolved in the Affirmative.

Krauter's Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Christopher Jacob Krauter"

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 Lanc and Mr Waple

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

Visc Bulkeley's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Trustees to cut down and sell Timber growing upon the Jointure Lands of Jane Lady Bulkeley, late Wife of Richard late Lord Bulkeley Viscount Cashells in the Kingdom of Ireland, deceased, for discharging his Debts"

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

Ld. President.
L Steward.
D Somerset
D St Albans
D Newcastle
D Portland
M Tweeddale
M Lothian
E Northampton.
E Winchilsea.
E. Chesterfield.
E Cardigan.
E Carlisle.
E Findlater
E Marchmont.
E Hyndford.
E Oxford
E Macclesfield.
E Brooke.
E Bucks
E. Northumberland.
Viscount Fauconberg
Viscount Folkestone
Ld Abp Cant
L Bp London
L Bp Rochester
L Bp Gloucester
L Bp Landaff
L Bp Litch & Cov
L Bp Bristol.
Ld Willoughby Par.
L Maynard.
L Strange.
L Berkeley
L Cornwallis.
L. Foley
L Bathurst.
L Onslow
L Romney
L Cadogan.
L Edgecumbe.
L Sandys.
L Archer.
L. Vere.

Their Lordships, or any Five of them, to meet on Tuesday the 12th Day of March next, at the usual Time and Place, and to adjourn as they please.

Inglis to bring a new Appeal.

A Petition of William Inglis, Merchant, in Glasgow, was presented, and read, setting forth, "That the Petitioner, in the last Session of Parliament, presented an Appeal to this House, complaining of certain Interlocutors of the Court of Session in Scotland, but John Riddell and his Wife, the Respondents, not having put in any Answer, the Appeal stood over to this present Session, and Mr Gordon the Petitioner's Agent since dying, and no Application having been made as directed by the Standing Order, the Appeal was dismissed,' and praying, "In regard the said John Riddell himself being dead, that the Petitioner may be at Liberty to bring a new Appeal, in the same Terms with the former, against Robert Sym his Assign"

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 exhibit a new Appeal, according to the Prayer of the said Petition.

Sir W Maxwell & al Petition referred to Judges.

Upon reading the Petition of Sir William Maxwell of Monreith Baronet, and of William Maxwell his only Son, and Katherine and Jane Maxwells his only Daughters, by the Petitioner their Father, in respect of their Infancy and being under Age, praying Leave to bring in a Bill, for Sale of certain Estates in Scotland, or so much thereof as shall be necessary and sufficient, for discharging the Debts affecting the same, and other Purposes therein mentioned.

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

Commencement or the Year, regulating, Bill.

The Earl of Chesterfield presented to the House a Bill, intituled, "An Act for regulating the Commencement of the Year, and for correcting the Calendar now in Use"

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on this Day Fortnight, and that it be in the mean Time printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant
Epus Roffen
Epus Cicestriens
Epus Bath & Wells
Epus Carliol
Epus Petriburg
Epus. Litch & Cov.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Comes Gower, C P S.
Dux St Albans.
Dux Argyll
Dux Portland
Comes Lincoln
Comes Northampton
Comes Cardigen
Comes Carlisle
Comes Shaftesbury.
Comes Findlater
Comes Leven
Comes Marchmont.
Comes Hyndford
Comes Granville.
Comes Pomfret
Comes Orford.
Viscount Fauconberg
Ds Willoughby Par.
Ds North
Ds (fn. 2) Cornwallis.
Ds. Foley
Ds Bathurst.
Ds. Onslow.
Ds Romney.
Ds Ducie
Ds Monson.
Ds. Vere.

PRAYERS.

E of Egmont's Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands, Tenements, and Hereditaments, in the County of Corke, in the Kingdom of Ireland, comprized in the Marriage Settlement of John Earl of Egmont, in him and his Heirs, discharged of the Uses of that Settlement, and for settling other Lands and Hereditaments, in the said County, of greater Value, in Lieu thereof, to the same 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 made some Amendments thereunto"

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

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

Smith to take the Name of Holworthy, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Samuel Smith Esquire to take and use the Surname of Holworthy only, and bear the Coat Armour of Matthew Holworthy Esquire, deceased, pursuant to the Will of Elizabeth his Widow, also deceased"

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

It was Resolved in the Affirmative.

Message to H C with it.

A Message was sent to the House of Commons, by Mr Bennett and Mr Waple

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

Inglis against Sym.

Upon reading the Petition and Appeal of William Inglis, Merchant in Glasgow, complaining of Two Interlocutory Sentences, or Judgements, of the Lord Ordinary, of the 21st Day of January 178/19, and 17th of June following, and also of Two Interlocutors of the Lords of Session in Scotland, of the 3d and 16th Days of January 1749/50, and likewise of another Interlocutor of the said Lord Ordinary, of the 23d of the same January, and praying, "That the same may be reversed, varied, or amended, and that Robert Sym may be required to answer the said Appeal, and that this House will grant such other Relief to the Appellant as to their Lordships in their great Wisdom shall seem meet"

It is Ordered, That the said Robert Sym may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 27th Day of March next, and that Service of this Order upon any One of the Procurators or Agents of John Riddel and Mary Inglis, in the Court of Session in Scotland, be deemed good Service.

Dut Dowager of Argyll, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the most Noble Jane Dutchess Dowager of Argyll and Greenwich, and of Lady Caroline Scott, commonly called Countess of Dalkeith, Widow and Relict of the Honourable Francis Scott Esquire, commonly called Earl of Dalkeith, on Behalf of herself and of Henry Scott Esquire, commonly called Earl of Dalkeith, her Eldest Son, an Infant, 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 to enable the most Noble Jane Dutchess Dowager of Argyll and Greenwich to grant Leases of the Ground, and Repairing Leases of the Houses and Buildings, in the County of Middlesex, mentioned in the Will of John late Duke of Argyll and Greenwich, deceased."

E Cowper & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Earl Cowper 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 charging divers Houses, Tenements, and Hereditaments, in the City of London and County of Hertford, Part of the settled Estate of William Earl Cowper, with raising Money, towards defraying the Expences of re-building the said Houses in London, burnt down and destroyed by Fire"

Barlow & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Barlow Esquire 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 vesting Part of the settled Estate of George Barrow Esquire in him and his Heirs, and for settling another Part of his Estate, of greater Value, to the same Uses, in Lieu thereof"

Co Dowager Strathmore against Forbes.

A Petition of George Forbes, Respondent to the Appeal of Sophia Countess Dowager of Strathmore, was presented, and read, setting forth, "That this Cause stands to be heard upon the 8th Day of March next, and that Mr Robert Garden, who was the Petitioner's Agent, and possessed of all his Papers, is lately dead, of which the Petitioner had no Notice till very lately, for which Reason, it will be impossible for him to be ready for the said Hearing at the Time appointed," and therefore praying, "That the same may be put off to such Time as this House shall think proper"

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

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to the First vacant Day for Causes after those already appointed.

Peers's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Sale of a Capital Messuage at Bromley, and divers Messuages, Lands, and Hereditaments, in the Counties of Middlesex and Essex, late the Estate of Sir Charles Peers Knight, deceased, some Time since One of the Aldermen of the City of London, and for purchasing another Estate, to be settled to the Uses of his Will"

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

Ld President.
D St Albans.
D. Argyll.
D Portland.
E Lincoln
E Northampton.
E. Cardigan.
E. Carlisle
E Shaftesbury.
E Findlater
E Leven
E Marchmont.
E Hyndford.
E Granville
E Pomfret
E Orford
Viscount Fauconberg.
Ld Abp Cant.
L Bp. Rochester.
L Bp Bath & Wells
L Bp Peterborough.
L Bp. Litch. & Cov
Ld Willoughby Par.
L North
L. Cornwallis.
L. Foley.
L Bathurst.
L Onslow.
L Romney.
L Ducie
L Monson.
L Vere

Their Lordships, or any Five of them, to meet on Thursday the 14th Day of March next, at the usual Time and Place, and to adjourn as they please.

Bulstrode & al Petition referred to Judges.

Upon reading the Petition of Edward Bulstrode Esquire and Catherine Bulstrode his Wife, for themselves and on the Behalf of their Three Children, who are all Infants, praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Estates, in the Counties of Worcester and Gloucester, in the Petition mentioned, and for other Purposes therein 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.

Sir E. Hulse's Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, "An Act for empowering the Trustees, named in the Settlement made upon the Marriage of Edward Hulse Esquire and Hannah his Wife, to lay out Part of the Trust Monies therein mentioned in the Purchase of Reversionary Estates, as well as Lands in Possession, to be settled to the Uses of the said Marriage Settlement, with Power to make Leases thereof according to the Custom of the Country," which is appointed for To-morrow, be put off to Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, primum diem Martii jam prox sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic
2 Origin Corwallis