House of Lords Journal Volume 26: July 1742

July 1742

DIE Veneris, 2^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prisoners Escape, to prevent, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Confinement," was committed, the Amendments made by the Committee to the said Bill.

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

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

Additional Duty on Foreign Cambricks, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty an additional Duty on Foreign Cambricks imported into Great Britain; and for allowing thereout a Bounty upon certain Species of British and Irish Linens exported."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, sextum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Prisoners Escape, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Confinement."

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. Elde and Mr. Allen:

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

Additional Duty on Foreign Cambricks, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty an ad ditional Duty on Foreign Cambricks imported into Great Britain; and for allowing thereout a Bounty upon certain Species of British and Irish Linens exported."

After some Time, the House was resumed.

And the Earl of Findlater 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."

Sail Cloth, &c. Laws, continuing, Bill.

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

With a Bill, intituled, "An Act to continue several Laws, for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing (fn. 1) on the Exportation of Copper Bars imported; and to explain a Clause of an Act made in the last Session of Parliament, to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

(fn. 1) Sic; the Title was amended in the Committee, vide p. 157. a. and 159. b. and Journals of H. C. Vol. XXIV. p. 333. b.

DIE Mercurii, 7^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Additional Duty on Foreign Cambricks, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty an additional Duty on Foreign Cambricks imported into Great Britain; and for allowing thereout a Bounty upon certain Species of British and Irish Linens exported."

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. Elde and Mr. Edwards:

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

Sail Cloth, &c. Acts, continuing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue several Laws, for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing (fn. 1) on the Exportation of Copper Bars; and to explain a Clause of an Act made in the last Session of Parliament to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

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

Badham's Petition to alter a Judgement rejected.

A Petition of Bettridge Badham Esquire, was presented to the House, and read; praying an Amendment to the Judgement of this House, on hearing his Appeal, by altering the Rate of Interest, thereby directed to be accompted for, from Six to Seven per Centum; the legal Interest being at that Time, in Ireland, Seven per Centum.

And Consideration being had of the Matter hereof:

Ordered, That the said Petition be rejected.

Messages from H. C. with a Bill; and to return the one to prevent Lunaticks marrying.

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

To return the Bill, intituled, "An Act to prevent the Marriage of Lunaticks;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Laws touching Elections, explaining, Bill.

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

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

The said Bill was read the First Time.

Adjourn.

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

DIE Lunæ, 12^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

Weir against Nasmith & al.

Upon reading the Petition and Appeal of William Weir, of Waygateshawe; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 21st of January 1741/2; and also of an Interlocutor of the said Lords, of the 3d of February following; and Part of another Interlocutor of the said Lords, of the 6th of the same February; and also of an Interlocutor of the Lord Ordinary, of the 13th of the same Month; and praying, "That the same may be reversed; and that the Appellant may have such other Relief as to their Lordships in their great Wisdom shall seem proper; and that Arthur Nasmith Writer and John Syme, late Baillies of Hamilton, Charles Hamilton Writer and William Cullen Surgeon, both Magistrates of Hamilton for the Time, James Hamilton in Avan Miln, and William Allan Workman and Servant to the said Arthur Nasmith, may be required to answer the said Appeal:"

It is Ordered, That the said Persons last named may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of August next; and that Service of this Order on their respective Agents or Lawyers, in Scotland, be deemed good Service.

Sail Cloth, &c. Acts, continuing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue several Laws for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing (fn. 2) on the Exportation of Copper Bars; and to explain a Clause of an Act made in the last Session of Parliament to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

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 made One Amendment thereunto."

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

Adjourn.

Judex Primarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum tertium diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 13^o Julii.

Domini tam (fn. 3) Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

Sail Cloth, &c. Laws, continuing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue several Laws, for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing (fn. 4) on the Exportation of Copper Bars; and to explain a Clause of an Act made in the last Session of Parliament to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennett:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.

Message from thence, to return the Bill for explaining the Act to prevent Sheepstealing.

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

To return the Bill, intituled, "An Act to explain an Act, made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to render the Laws more effectual, for preventing the stealing or destroying of Sheep and other Cattle;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read Thrice, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers; to acquaint them therewith.

Ross to enter into Recognizance for Weir.

The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for Sir William Weir of Waygateshawe, on account of his Appeal depending in this House; he being in Scotland:"

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

Adjourn.

Judex Primarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum quintum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 15^o Julii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Earl of Bath introduced:

William Pulteney Esquire, being, by Letters Patent, dated 14^o Die Julii, 16^o Geo. 2^di, created Baron of Heydon, in the County of York, Viscount Wrington, in the County of Somerset, and Earl of Bath, was, in his Robes, introduced, between the Earl of Warwick and the Earl of Winchilsea (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The said Earl presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack, who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved Cousin and Counsellor William Earl of Bath, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself, at Westminster, the Fourteenth Day of July, in the Sixteenth Year of Our Reign.

"Bisse."

The Writ being read; and the said Earl, at the Table, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.

Sail Cloth, &c. Acts, continuing, Bill.

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

To return the Bill, intituled, "An Act to continue several Laws for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing (fn. 5) on the Exportation of Copper Bars; and to explain a Clause of an Act made in the last Session of Parliament to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he after a short Speech to His Majesty, in relation to the Bill for laying an additional Duty on Foreign Cambricks imported, delivered the same to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for granting to His Majesty an additional Duty on Foreign Cambricks imported into Great Britain; and for allowing thereout a Bounty upon certain Species of British and Irish Linens exported."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult."

"2. An Act for the more effectual preventing the counterfeiting of the current Coin of this Kingdom, and the uttering or paying of false or counterseit Coin."

"3. An Act to empower the Importers and Proprietors of Rum, or Spirits, of the British Sugar Plantations, to land the same before Payment of the Duties of Excise charged thereon, and to lodge the same in Warehouses at their own Expence; and for the Relief of Ralph Barrow, in respect to the Duty on some Rock Salt lost by the overflowing of the Rivers Weaver and Dane."

"4. An Act for the more effectual preventing any Cloth or Woollen Goods remaining upon the Rack or Tenters, or any Woollen Yarn or Wool left out to dry, from being stolen or taken away in the Nighttime."

"5. An Act for further regulating the Plantation Trade, and for Relief of Merchants importing Prize Goods from America, and for preventing collusive Captures there; and for obliging the Claimers of Vessels seized for Exportation of Wool, or any unlawful Importation, to give Security for Costs; and for allowing East India Goods to be taken out of Warehouses, in order to be cleaned and refreshed."

"6. An Act to revive several Acts, for the Punishment of Persons destroying Turnpikes or Locks, or other Works erected by Authority of Parliament, and for other Purposes therein mentioned; and to continue several Acts, relating to Rice, to Frauds in the Customs, to the clandestine Running of Goods, and to Copper Ore of the British Plantations; and for extending the Liberty given by the Act of the Twelfth Year of the Reign of His present Majesty, for carrying Sugar of the Growth of the British Sugar Colonies in America, to Ships belonging to any of His Majesty's Subjects residing in Great Britain, and navigated according to Law; and for the more effectual preventing the cutting of Star or Bent."

"7. An Act to continue several Laws, for the Encouragement of the making of Sail Cloth in Great Britain, and of the Silk Manufactures of this Kingdom; and for allowing a Drawback on the Exportation of Copper Bars; and to explain a Clause of an Act made in the last Session of Parliament, to prohibit the Exportation of Corn, and other Things therein mentioned; and to give further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

"8. An Act to explain an Act made in the Fourteenth Year of the Reign of His present Majesty, intituled, An Act to render the Laws more effectual, for preventing the stealing and destroying of Sheep and other Cattle."

"9. An Act for preventing the Mischiefs which may happen, by keeping dangerous Quantities of Gunpowder in or near the Cities of London and Westminster."

"10. An Act to prevent the Marriage of Lunaticks."

"11. An Act for the better enabling the Commissioners for building a Bridge cross the River Thames, from the City of Westminster to the opposite Shore in the County of Surrey, to finish the said Bridge, and to perform the other Trusts reposed in them; and for enlarging the Time for exchanging of Tickets unclaimed in the last Lottery for the said Bridge, and to make Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed."

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

"Le Roy le veult."

"12. An Act for Sale of the Estates late of James Walsingham Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same, and other Purposes therein mentioned."

"13. An Act for Sale of Part of the Estates of Edward Bayntun Rolt Esquire, to raise Money, for the Payment of Debts affecting the same, and of Portions for his Younger Brothers and Sister, charged thereon by the Settlement of their Uncle John Bayntun Esquire, deceased; and for other Purposes therein mentioned."

"14. An Act to enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of (fn. 6) Probyn, pursuant to the Will of Sir Edmund Probyn Knight, deceased."

"15. An Act for naturalizing Peter Holsten."

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

"Soit fait comme il est desiré."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"The Session of Parliament has been drawn out into so unusual a Length, and the Season of the Year is so far advanced, that I am persuaded you are all very desirous of a Recess.

"I acquainted you, at the Beginning of the Session, with My Endeavours to bring about an Accommodation between those Princes whose Union was most necessary in this critical Conjuncture. The Treaty lately concluded between the Queen of Hungary and the King of Prussia, under My Mediation, and so highly to the Honour of Great Britain, must undoubtedly produce the best Consequences to the Common Cause.

"The Successes which have attended the Austrian Arms in Germany, the Conjunction of the King of Sardinia's Forces with those of the Queen of Hungary in Italy, the present favourable Disposition of The States General, and of other great Powers, are, under God, chiefly owing to the generous Assistance afforded by this Nation to its ancient and natural Allies.

"These happy Events cannot fail to give Encouragement to our Friends, and to establish the Reputation of our Strength and our just Influence Abroad.

"If, for the further Support and Defence of the Queen of Hungary, and to restore and secure the Balance of Power so particularly recommended to Me by My Parliament, it should become necessary for Me to contract new Engagements, or to enter into further Measures; I rely upon your Zeal and Perseverance, in so just a Cause, to enable Me to make them good.

"In the Midst of these extensive Transactions, I have been, and shall continue to be, attentive to the Prosecution of the War against Spain with the utmost Vigour, which is of the greatest Importance to the Trade and Navigation of My Subjects; the Encouragement and Protection whereof shall be one of My principal Cares.

"Gentlemen of the House of Commons,

"The Zeal, Unanimity, and Dispatch, with which you have given such large Supplies for the Service of the current Year, demand My particular Thanks; and are fresh Proofs of your Duty to Me, and of your Concern for the true Interest of your Country: The Success with which these Supplies have been raised, must convince all the World of the established Credit of this Nation.

"My Lords, and Gentlemen,

"I have the justest Considence in the Affections of My People; which I shall not fail to cultivate, by a constant Care of their Rights and Liberties, and by promoting their Prosperity and Happiness. Let it be your Endeavour, in your respective Countries, to make these My good Intentions rightly understood, to calm and heal all Animosities and Divisions, to support My Authority and Government, and to preserve the Peace and good Order of the Kingdom."

The Speech being ended;

The Lord Chancellor, by His Majesty's Command, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Thursday the Sixteenth Day of September next, to be then here held: And this Parliament is accordingly prorogued to Thursday the Sixteenth Day of September next."

February 9th, 1743, Hitherto examined by us,

Bridgewater.
Warwick.
N. Exon.