House of Lords Journal Volume 26: February 1743, 21-28

February 1743, 21-28

DIE Lunæ, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Effingham takes his Seat.

Thomas Earl of Effingham sat first in Parliament, after the Death of his Father Francis Earl of Effingham; his Lordship 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.

Marlborough Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Marlborough, through West Kennet, to Shepherds Shord, and from The Hare and Hounds in Beckhampton, to the Top of Cherill Hill, and from the Town of Avebury, to the Cross Way at Beckhampton, in the County of Wilts."

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

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

Holder's Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Manor of Bathampton, being the Estate of Charles Holder Esquire, for Payment of 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 they 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.

O'Brien's Bill, for exemplifying the E. of Thomond's Will.

The Lord Bathurst (pursuant to the Order of the 11th of January last) presented to the House a Bill, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Thomond and Viscount Tadcaster Evidence in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

Aldgate Parish to raise Money, to pay Debts, Bill.

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

With a Bill, intituled, "An Act to enable the Parishioners of the Parish of St. Botolph without Aldgate, in the City of London, to raise a certain Sum of Money, for Payment of Debts already contracted, for the Relief and Maintenance of the Poor of the said Parish;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Elections in Scotland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend the Laws touching the Elections of Members to serve for the Commons in Parliament, for that Part of Great Britain called Scotland; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

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

Mercer's Petition to put off Hearing, his Appeal rejected.

A Petition of Robert Mercer, was presented, and read; praying, "In regard Matters of Accommodation having been treated of, between the Petitioner and the Respondents to his Appeal, but not brought to Perfection; that the Hearing of the Cause, which stands for Wednesday next, may be put off to the next Session of Parliament."

And thereupon the Appellant and Respondents Agent were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Petition be rejected.

D. Kingston's Bill.

The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in Sturton and Walkeringham, in the County of Nottingham, entailed by the Will of Evelyn late Duke of Kingston, deceased, in Evelyn now Duke of Kingston, in Fee Simple, discharged of the Uses, Trusts, and Limitations, of the said Will; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the like Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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.

Sir Dudley Ryder's Bill, for exchanging Nuneaton Vicarage Lands.

The Earl of Coventry made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Vicarage of Nuneaton, in the County of Warwick, for the Rectorial Tithes and certain Lands, in the Parish of Nuneaton, belonging to the Impropriator," was committed.

And the same Order was made.

Chadwicke & al. Bill.

The Lord Bishop of Glocester made the same Report from the Lords Committees to whom the Bill, intituled, An Act for making perpetual an Agreement for the Exchange of Lands for Tithes, made between Evelyn Chadwicke Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and Granville Wheler Clerk, Rector of the Parish Church there," was committed.

And the like Order was made.

Accompts relating to Spirituous Liquors to be brought.

Ordered, That the proper Officer do lay before this House, an Accompt of the Produce of Twenty Shillings a Gallon on Spirituous Liquors, granted to His Majesty by an Act of the Ninth Year of His Reign.

And also, an Accompt of the Produce arisen Yearly by granting Licences for the retailing of Spirituous Liquors.

And also, the Number of Prosecutions that have been carried on against Offenders, in retailing Liquor contrary to the Act of the Ninth Year of His Majesty's Reign; and what has been received, and paid into the Exchequer, on such Prosecutions.

And also, an Accompt of the Quantities and Net Produce of the Duties upon Foreign Brandy and Spirits, from Midsummer 1735, to Midsummer 1742; distinguishing each Year.

And also, an Accompt of the Gross and Net Produce of the Duties upon Strong Waters, Low Wines, and Spirits, from Midsummer 1714, to Midsummer 1727.

And also, an Accompt of the Gross and Net Produce of the said Duties, from Midsummer 1727, to Midsummer 1735.

And also, an Accompt of the Gross and Net Produce of the said Duties, from Midsummer 1735, to Midsummer 1742; distinguishing each Year.

Motion for Dr. Mead and others to attend the 2d Reading of the Spirituous Liquors Bill:

Then it was moved, "To order, That Dr. Mead, Dr. Lee, and Dr. Barker, do attend this House, Tomorrow, upon the 2d Reading of the Bill, intituled, An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors."

The same was objected to.

After Debate;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Commissioners of Excise to attend.

Ordered, That the Commissioners of Excise do attend this House, To-morrow, upon the Second Reading of the said Bill.

Charterhouse Square, enclosing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Charterhouse-Square, in the County of Middlesex, to make a Rate, for raising Money, effectually to enclose, pave, watch, clean, and improve, the said Square, and to continue the same in Repair."

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. Sawyer and Mr. Mountague:

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

Elwick, for making Stone Pipes, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in John Elwick Esquire the sole Property of an Engine for making Stone Pipes, and to enlarge the Term granted by Letters Patent for that Purpose."

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Magenis against Magenis:

The House was informed, "That a Person attended, in order to deliver in certain Papers and Proceedings, in the Cause wherein Arthur Magenis is Appellant, and John Magenis Respondent."

Pleadings proved.

He was thereupon called in, and delivered the same at the Bar; attesting upon Oath, "The said Papers were true Copies; he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

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

23d April, 1744, Hitherto examined by us,

Portland.
Bridgewater.
Willoughby Par.

DIE Martis, 22^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Accompts relating to Spirituous Liquors delivered.

The House being informed, "That some of the Commissioners of Excise attended:"

They were called in; and delivered, at the Bar, several Papers, pursuant to their Lordships Orders of Yesterday; being, as they said, "Duplicates of what were by them laid before the House of Commons; but as to the Accompt of the Produce of the Duties upon Strong Waters, the same extending so far back as the Year 1714, they could not cause that to be done so soon; but it was preparing, and should be laid before the House as soon as possible."

And then they were directed to withdraw.

And the Titles of the said Papers being read, by the Clerk:

Ordered, That the same do lie on the Table.

St. Botolph Aldgate Parish, to raise Money, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of St. Botolph without Aldgate, in the City of London, to raise a certain Sum of Money, for Payment of Debts already contracted, for the Relief and Maintenance of the Poor of the said Parish."

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

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

O'Brien's Bill, for exemplifying the E. of Thomond's Will.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Thomond and Viscount Tadcaster Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Elvington Moor, enclosing, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for enclosing and dividing the Common, or Moor, called Elvington Moor, within the Manor and Parish of Elvington, in the County of York," be revived; and meet on Friday next.

Chadwicke & al. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making perpetual an Agreement for the Exchange of Lands for Tithes, made between Evelyn Chadwicke Esquire, Lord of the Manor of West Leake, in the County of Nottingham, and Granville Wheler Clerk, Rector of the Parish Church there."

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

It was Resolved in the Affirmative.

Holder's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Bathampton, being the Estate of Charles Holder Esquire, for Payment of 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.

D. Kingston's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments in Sturton and Walkeringham, in the County of Nottingham, entailed by the Will of Evelyn late Duke of Kingston, deceased, in Evelyn now Duke of Kingston, in Fee Simple, discharged of the Uses, Trusts, and Limitations, of the said Will; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the like Uses."

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

It was Resolved in the Affirmative.

Sir Dudley Ryder's Bill, for exchanging Nuneaton Vicarage Lands:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exchanging Part of the Glebe Lands and Hereditaments belonging to the Vicarage of Nuneaton, in the County of Warwick, for the Rectorial Tithes and certain Lands in the Parish of Nuneaton, belonging to the Impropriator."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Four preceding Bills.

A Message was sent to the House of Commons, by Mr. Sawyer and Mr. Mountague:

To carry down the said Four last mentioned Bills; and desire their Concurrence to them.

Birdlip Hill, Road, Bill.

A Message was brought from the House of Commons, by Sir Norborne Berkeley and others:

With a Bill, intituled, "An Act for continuing and making more effectual an Act passed in the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, being the Road to London, and from the Foot of the said Hill to the Top of Crickley Hill, being the Road to Oxford;" to which they desire the Concurrence of this House.

Wade's Mill, Road, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of His present Majesty, intituled, An Act for the more effectual repairing the Roads leading from Wades Mill, in the County of Hertford, to Barley and Royston, in the said County;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Brington Common, Bill.

The Lord Berkeley reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Common Fields within the Parish of Great Brington, in the County of Warwick," 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."

E. Thanet & al. Leave for a Bill, for Partition of Marq. of Halifax's Estate:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sackville Earl of Thanet 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 1^a vice lecta est Billa, "An Act for confirming and establishing a Partition, made between the Coheirs of the late Marquis of Halifax, of divers Estates therein mentioned; and for other Purposes in this Act expressed."

Cooke, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of James Cooke 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 1^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in James Cooke the Younger, Gentleman, in Fee Simple, discharged of the Uses and Trusts of his Marriage Settlement; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses."

Spirituous Liquors, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors."

The Commissioners of the Excise (according to Order) attending, were called in, and asked concerning the putting in Execution the Act of the Ninth Year of His present Majesty, relating to Spirituous Liquors; and likewise to other Matters.

And Mr. Burton, One of the said Commissioners, was heard thereupon.

And then they were directed to withdraw.

Moved, "To commit the Bill."

Which being objected to;

And long Debate thereupon:

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Protest against committing it.

"Dissentient.

Jo. Cant.
M. Glocester.
Isa. Asaph.
Tho. Oxford.
Lonsdale."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marlborough Road, Bill.

The Earl of Ailesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road leading from Marlborough, through West Kennet, to Shepherds Shord, and from The Hare and Hounds in Beckhampton, to the Top of Cherill Hill, and from the Town of Avebury to the Cross Way at Beckhampton, in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."

Ly. Petre's Bill.

The Earl of Shaftesbury made the like Report from the Lords Committees to whom the Bill, intituled, An Act to empower Two of the Trustees named in the Marriage Settlement of the late Lord Petre, deceased, to grant Leases, without the Concurrence of the other Trustee named in the said Settlement," was committed.

Ordered, That the said Bill be engrossed.

Brington Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Common Fields, within the Parish of Great Brington, in the County of Northampton."

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. Sawyer and Mr. Mountague:

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

E. Thanet & al. for Partition of M. of Halifax's Estate, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing a Partition, made between the Coheirs of the late Marquis of Halifax, of divers Estates therein mentioned; and for other Purposes in this Act expressed."

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

Their Lordships, or any Five of them; to meet on Thursday the 10th Day of March next, at the usual Time and Place; and to adjourn as they please.

Motion for shortening the Time of meeting of the Committee.

Moved, "To dispense with the Standing Order relating to the Time of the meeting of Committees on Private Bills, so far as that the said Committee may meet on an earlier Day than above appointed, in regard the Session of Parliament is far advanced."

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Cooke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in James Cooke the Younger, Gentleman, in Fee Simple, discharged of the Uses and Trusts of his Marriage Settlement; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses."

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 the same Day, at the same Place; and to adjourn as they please.

The like Motion and Order was made on the said Bill as on the Bill before mentioned.

Wades Mill Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of the Reign of His present Majesty, intituled, An Act for the more effectual repairing the Roads leading from Wades Mill, in the County of Hertford, to Barley and Royston, in the said County."

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 Tuesday next, at the usual Time and Place; and to adjourn as they please.

Birdlip Hill Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing and making more effectual an Act passed in the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, being the Road to London, and from the Foot of the said Hill to the Top of Crickley Hill, being the Road to Oxford."

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

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

Mercer against Butler, Ly. Iveagh, & al.:

This Day being appointed, for hearing Counsel upon the Petition and Appeal of Robert Mercer Gentleman; complaining of an Order of the Court of Chancery in Ireland, of the 7th of May 1733, directing a new Trial at Law, made in a Cause wherein the Appellant was Plaintiff, and Thomas Butler Esquire and others were Defendants; as also of another Order of the same Court, of the 14th of December following, establishing the Second Verdict; and also of a Decree of the said Court, of the 17th of the same Month, dismissing the Appellant's Bill with Costs; and praying, "That the said Orders and Decree might be reversed; and that such Relief might be given the Appellant as to the Wisdom of this House should seem meet;" to which Appeal Margaret Lady Iveagh, Widow and Relict of Thomas Butler Esquire deceased, Charles Earl of Arran, George Butler and John Butler Esquires, surviving Executors of the said Thomas Butler, and John Butler Esquire, Son and Heir of the said Thomas Butler, Robert French and Marcus French, Executors of John French Esquire deceased, Walter French, Administrator of Francis French deceased, John Burke and Anne his Wife, are Respondents:

Counsel accordingly appeared for the Respondents; but none for the Appellant.

And the Respondents Counsel having shortly stated the Case, and prayed an Affirmance of the said Orders and Decree with Costs:

They were directed to withdraw.

And being withdrawn:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders and Decree therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds, of lawful Money of Great Britain, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Jovis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harlow Bush Road, Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing and amending the Highways from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex," 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."

Birdlip Hill Road, Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for continuing and making more effectual an Act passed in the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill, being the Road to London, and from the Foot of the said Hill to the Top of Crickley Hill, being the Road to Oxford," was committed.

St. Botolph Aldgate to raise Money, to pay Debts, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable the Parishioners of the Parish of St. Botolph without Aldgate, in the City of London, to raise a certain Sum of Money, for Payment of Debts already contracted, for the Relief and Maintenance of the Poor of the said Parish," was committed.

Fitzherbert's Bill.

The Lord Privy Seal reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering Thomas Fitzherbert the Younger, Esquire, to make Jointures, during the Life-time of Thomas Fitzherbert Esquire, his Father, and also to grant Annuities to his Younger Sons, in such Manner as is 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 made several 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.

Kynaston & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Kynaston 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 1^a vice lecta est Billa, intituled, "An Act for Sale of certain Estates in the County of Hereford, devised by the Will of Thomas Delahay Esquire, deceased, pursuant to a Decree of the Court of Chancery."

E. of Thanet & al. for Partition of M. Halifax's Estate, Bill.

The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order relating to the Time of the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for confirming and establishing a Partition, made between the Coheirs of the late Marquis of Halifax, of divers Estates therein mentioned, and for other Purposes in this Act expressed," stands committed, may meet on an earlier Day than at first appointed.

And it being proposed, "That the said Committee may meet, to proceed on the said Bill, on this Day Sevennight:"

The same was ordered accordingly.

Cooke's Bill.

The like Proceeding was had, as to the Motion made Yesterday, in relation to the Meeting of the Committee on the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in James Cooke the Younger, Gentleman, in Fee Simple, discharged of the Uses and Trusts of his Marriage Settlement; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses."

Ly. Petre's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower Two of the Trustees named in the Marriage Settlement of the late Lord Petre, deceased, to grant Leases, without the Concurrence of the other Trustee named in the said Settlement."

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. Mountague:

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

Marlborough Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Marlborough, through West Kennet, to Shepherds Shord, and from The Hare and Hounds in Beckhampton to the Top of Cherill Hill, and from the Town of Avebury to the Cross Way at Beckhampton, in the County of Wilts."

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 the former Messengers:

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

Messages from thence, to return Rookes' Bill, to take the Name of Leeds;

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

To return the Bill, intituled, "An Act to enable Edward Rookes Esquire to take and use the Surname of Leedes only, pursuant to the last Will and Testament of Robert Leedes, late of North Milforth, in the County of York, Esquire, deceased;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Willis's Bill, to take the Name of Compton;

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

To return the Bill, intituled, "An Act to enable Henry Willis Esquire, now called Henry Compton, and his issue Male and Descendants, to take and use the Surname of Compton, pursuant to the Will of Elianor Bave Widow, deceased;" and to acquaint this House, that they have agreed to the said Bill, without any Amerdment.

and Torras & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Paul Torras and John Godfrey Zurhorst;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were read Thrice, and agreed to.

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

Against assisting Prisoners to escape, Bill.

The Order being read, for the House to be in a Committee on the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape;" and for the Attendance of the Judges thereupon:

It is Ordered, That the House be put into a Committee upon the said Bill on this Day Sevennight; and that the Judges do then attend, and in the mean Time prepare a Clause for the more effectual preventing the rescuing, or attempting to rescue, any Person or Persons, charged with Treason or Felony, as they are carrying to Gaol for such Offence; and that they do prepare any other Clause, or Clauses, which they shall think proper, for rendering the Bill more effectual.

Elections in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Members to serve for the Commons in Parliament, for that Part of Great Britain called Scotland; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

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."

Spirituous Liquors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors."

After some Time, the House was resumed.

And the Lord Delawarr 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."

Moved, "To order, That the said Bill be read the Third Time on Tuesday next."

Which being objected to; and To-morrow proposed for that Purpose:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Ordered, That the said Bill be read the Third Time To-morrow; and the Lords to be summoned; and that the Cause which stands for that Day be put off to Monday next.

Adjourn.

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

DIE Veneris, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J. Bellew against M^cCartan & al.

The joint and several Answer of Philemon M^cCartan and Mary his Wife, and Thomas Tennison, Three of the Respondents to the amended Appeal of Sir John Bellew Baronet, was brought in.

As was likewise, the Answer of John Foster, One of the Respondents to the same Appeal.

Duties on Spirits, Accompt delivered.

The House being informed, "That the Accomptant General of the Excise attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order of Monday last,

"An Accompt of the Gross and Net Produce of the Duties upon Strong Waters, Low Wines, and Spirits, from Midsummer 1714, to Midsummer 1727."

And then he was directed to withdraw.

And the Title of the said Accompt being read:

Ordered, That the same do lie on the Table.

O'Brien's Bill for exemplifying the E. of Thomond's Will.

The Lord Berkeley reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Thomond and Viscount Tadcaster Evidence in all Courts of Law and Equity in Great Britain and Ireland," 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.

Fitzherbert's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering Thomas Fitzherbert the Younger Esquire to make Jointures, during the Life Time of Thomas Fitzherbert Esquire his Father; and also to grant Annuities to his Younger Sons, in such Manner as is 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. Mountague:

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

Harlow Bush Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing and amending the Highways from the North Part of Harlow Bush Common, in the Parish of Harlow, to Woodford, in the County of Essex."

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

It was Resolved in the Affirmative.

Birdlip Hill Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and making more essectual an Act passed in the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways from the City of Gloucester, to the Top of Birdlip Hill, being the Road to London, and from the Foot of the said Hill to the Top of Crickley Hill, being the Road to Oxford."

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

It was Resolved in the Affirmative.

Parish of St. Botolph, Aldgate, to raise Money, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Parishioners of the Parish of St. Botolph without Aldgate, in the City of London, to raise a certain Sum of Money, for Payment of Debts already contracted, for the Relief and Maintenance of the Poor of the said Parish."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Elwick, Stone Pipes making, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in John Elwick Esquire the sole Property of an Engine for making Stone Pipes, and to enlarge the Term granted by Letters Patent for that Purpose," 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 same, with One Amendment."

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

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

Delahay's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of divers Manors, Lands, and Hereditaments, in the County of Hereford, devised by the Will of Thomas Delahay Esquire, deceased, pursuant to a Decree of the Court of Chancery."

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

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

Conviction of Offenders returning from Transportation, Bill.

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

With a Bill, intituled, "An Act for the more easy and effectual Conviction of Offenders found at large within the Kingdom of Great Britain, after they have been ordered for Transportation;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Weir against Muirhead et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Weir of Waygateshaw is Appellant, and Thomas Muirhead and others are Respondents:"

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

Sir J. Bellew & al. against M^cCartan & al.

The like Motion and Order, for hearing the Cause wherein Sir John Bellew Baronet and others are Appellants, and Philemon M^cCartan and others Respondents, on Monday Sevennight.

Elections in Scotland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend the Laws touching the Elections of Members to serve for the Commons in Parliament, for that Part of Great Britain called Scotland; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

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 the former Messengers:

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

Magenis to answer peremptorily.

The House was informed, "That John Magenis had not put in his Answer to the Appeal of Arthur Magenis Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Patrick Keaghran of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Spirituous Liquors, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing certain Duties on Spirituous Liquors, and on Licences for retailing the same; and for laying other Duties on Spirituous Liquors, and on Licences to retail the said Liquors."

After Debate;

The Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

Protest against the Bill:

"Dissentient.

"Edm. London.
Jo. Cant.
N. Exon.
Tho. Norwich.
Jo. Bristol.
Isa. Asaph.
M. Glocester.
Tho. Sarum.
Tho. Oxford.
Matt. Cicest.
Stanhope.
Romney.
Aylesford.
Beaufort.
Gower, C. P. S.

"Because the Act of the Ninth of His present Majesty, made to prevent the excessive drinking of Spirituous Liquors, which is by this Bill to be repealed, declares, "That the drinking of Spirituous Liquors or Strong Waters is become very common, especially amongst the People of lower and inferior Rank; the constant and excessive Use whereof tends greatly to the Destruction of their Healths, rendering them unfit for useful Labour and Business, debauching their Morals, and inciting them to perpetrate all Manner of Vices; and the ill Consequences of the excessive Use of such Liquors are not consined to the present Generation, but extend to future Ages, and tend to the Devastation and Ruin of this Kingdom." We therefore apprehend, that if an Act, designed to remedy such indisputable Mischiefs, was not found adequate to its salutary Intention, the Wisdom of the Legislature ought to have examined its Imperfection, and supplied its Defects; and not have rescinded it by a Law authorizing the manifold Calamities it was calculated to prevent.

"2dly, Because the refusing to admit the most eminent Physicians, to give their Opinions of the fatal Consequences of these poisonous Liquors, may be construed without Doors as a Resolution of this House to suppress all authentic Information of the pernicious Effects on the Health and Morals of Mankind, which will necessarily slow from the unrestrained Licentiousness permitted by this Bill.

"3dly, Because, as it is the inherent Duty of every Legislature, to be watchful in protecting the Lives and preserving the Morals of the People; so the availing itself of the Vices, Debaucheries, and consequential Misery and Destruction of Millions, is a manifest Inversion of the fundamental Principles of National Polity, and contrarient to those social Emoluments for which Government alone is instituted.

"4thly, Because the Opulence and Power of a Nation depends on the Numbers, Vigour, and Industry of its People, and its Liberty and Happiness on their Temperance and Morality; to all which this Bill threatens Destruction, by authorizing 50,000 Houses (the Number admitted in the Debate) to retail a Poison, which, by universal Experience, is known to debilitate the Strong, and destroy the Weak; to extinguish Industry, and to inflame those intoxicated by its malignant Efficacy to perpetrate the most heinous Crimes: For what Confusion and Calamities may not be expected, when near a Twentieth Part of the Houses of this Kingdom shall be converted into Seminaries of Drunkenness and Prosligacy, authorized and protected by the Legislative Power? And, as we conceive the Contributions to be paid by these infamous Recesses, and the Money to be raised by this destructive Project, are Considerations highly unworthy the Attention of Parliament, when compared with the extensive Evils from thence arising: So are we of Opinion, that, if the real Exigencies of the Public required raising the immense Sums this Year granted, they could by no means palliate the having Recourse to a Supply, founded on the Indulgence of Debauchery, the Encouragement of Crimes, and the Destruction of the Human Race.

Sandwich.
Haversham.
Bristol.
Chesterfield.
Dunk Halifax.
Bedford, for the above Reasons, excepting the Second.
Oxford & Mortimer, for the above Reasons, excepting the Second.
Ailesbury.
Talbot.
Ward, for the above Reasons, excepting the Second."

Message to H. C. that the Lords have agreed to the Bill.

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

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 octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 28^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Duties on Victuallers repealing, Bill.

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

With a Bill, intituled, "An Act for repealing the several Rates and Duties upon Victuallers and Retailers of Beer and Ale, within the Cities of London and Westminster, and the Weekly Bills of Mortality; and for transferring the Exchequer Bills unsatisfied thereupon, to the said Duties for Licences to sell Spirituous Liquors and Strong Waters by Retail; and also for enabling His Majesty to raise a certain Sum of Money for the Service of the Year One Thousand Seven Hundred and Forty-three, to be further charged on the said Duties for Licences;" to which they desire the Concurrence of this House.

Dunchurch to Hill-Morton, Road, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Twelfth Year of the Reign of His present Majesty, for repairing the Road from The Dun Cow, in Dunchurch, to Hill Morton, in the County of Warwick, and from thence to St. James's End, in the Town of Northampton;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Hume Campbell against Home & al.

After hearing Counsel in Part, upon the Petition and Appeal of Alexander Hume Campbell Esquire, to which David Home and John Sinclair are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Elvington Moor enclosing, Bill,

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing the Common, or Moor, called Elvington Moor, within the Manor and Parish of Elvington, in the County of York," 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.

O'Brien's Bill for exemplifying the E. of Thomond's Will:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Exemplification of the last Will of Henry late Earl of Thomond and Viscount Tadcaster Evidence in all Courts of Law and Equity in Great Britain and Ireland."

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. Holford and Mr. Bennet:

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

Adjourn.

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