House of Lords Journal Volume 27: May 1747, 11-20

May 1747, 11-20

DIE Lunæ, 11^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Uniting Colleges in the University of St Andrew, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for unit ing the Two Colleges of Saint Salvator and Saint Leonard, in the University of Saint Andrews, pursuant to an Agreement 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 Bill, and directed him to report the same to the House, without any Amendment."

Gloucester Roads, Bill.

The Lord Bishop of Gloucester made the like Report from the Lords Committees to whom the Bill, intituled, An Act for continuing the Term, and enlarging the Powers, granted by an Act passed in the Twelfth Year of His late Majesty's Reign, intituled, "An Act for repairing and widening the Roads from the City of Gloucester to the City of Hereford, and for repairing other Roads in the County of Gloucester," was committed.

Campbell to amend Appeal.

Upon reading the Petition of Elizabeth and Jean Campbell, and James Drummond Husband to the said Elizabeth, and of Margaret Thomson, otherwise Campbell, Curatrix ad Lites to the said Jean an Infant, setting forth, "That the Petitioner's Appeal, as they are advised, ought to have been brought in the Name of the said Margaret, as Curatrix to the said Jean the Infant, and that some Part of an Interlocutor is also complained of, which ought to have been omitted," and praying, "That the Petitioners may have Leave to amend the said Appeal, being willing to amend the Respondents Copy at their own Costs."

It is Ordered, That the Petitioners have Leave to amend the said Appeal, as desired, on the Condition above mentioned.

Masters Harris's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Edward Masters, deceased, for Payment of his Debts, and for other Purposes therein mentioned."

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 Tuesday the 26th Instant, at the usual Time and Place, and to adjourn as they please.

Motion to shorten the Time of the Meeting of the Committee.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee on the last mentioned Bill may meet on an earlier Day, in regard this Session of Parliament is very far advanced"

Ordered, That the said Motion be taken into Consideration on Wednesday next, and the Lords to be summoned.

Adjourn.

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

DIE Mercurii, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Garden against Rigg.

The Answer of Mr Thomas Rigg of Morton Advocate, to the Appeal of Alexander Garden of Troup, was brought in.

Bp of Exeter to preach 29th Instant.

Ordered, That the Lord Bishop of Exeter be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the 29th Day of this Instant May

Defence by Counsel on Impeachmen of Treason, Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others.

With a Bill, intituled, "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Counsel," to which they desire the Concurrence of this House.

St James's, Westminster, Church Yard to enlarge, Bill.

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

With a Bill, intituled, "An Act for confirming an Agreement made by the Rector and Vestrymen of the Parish of St James, within the Liberty of Westminster, for enlarging the Church-yard of the said Parish, and for other Purposes therein mentioned," to which they desire the Concurrence of this House.

Naturalizing Foreign Protestants in America, Provisions extending, Bill.

A Message was brought from the House of Commons, by Major General Oglethorpe and others.

With a Bill, intituled, "An Act to extend the Provisions of an Act made in the Thirteenth Year of His present Majesty's Reign, intituled, An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of His Majesty's Colonies in America, to other Foreign Protestants, who conscientiously scruple the taking of an Oath," to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Ordered, That the last mentioned Bill be printed.

Uniting Colleges in the University of St Andrews, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for uniting the Two Colleges of Saint Salvator and Saint Leonard, in the University of Saint Andrews, pursuant to an Agreement for that Purpose"

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

It was Resolved in the Affirmative.

Gloucester Roads, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Term, and enlarging the Powers, granted by an Act passed in the Twelfth Year of His late Majesty's Reign, intituled, An Act for repairing and widening the Roads from the City of Gloucester to the City of Hereford, and for repairing other Roads, in the County of Gloucester"

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 Burroughs and Mr Allen

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

Message from thence, to return Sir B. Sherrard & al Bill for Partition of the late E. of Leicester's Estate.

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

To return the Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, between the Heris at Law and Devisees of Joreline late Earl of Leicester, deceased, for the Settlement and Disposition of the Real Estate of the said Earl, and for rendering the said Agreement more effectual for the Purposes thereby intended,' and to acquaint this House, that they have agreed to the same, with One Amendment; whereunto they desire their Lordships Concurrence.

The said Amendment was read Thrice, and agreed to.

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

Masters Harris's Bill.

The Order of the Day being read, for taking into Consideration the Motion made on Monday last, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committee, on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for Sale of the Estate of Edward Masters, deceased, for Payment of his Debts, and for other Purposes therein mentioned," stands committed, may meet on an earher Day than now appointed, in regard the Session is very far advanced.

And Consideration being had thereof accordingly.

Ordered, That the said Standing Order be so far dispensed with, in this Case, that the said Committee may meet, to consider of the said Bill, on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Defence by Counsel, on Impeachments of Treason, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Counsel."

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

Naturalizing Foreign Protestants in America, Provisions extending, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to extend the Provisions of an Act, made in the Thirteenth Year of His present Majesty's Reign, intituled, An Act for naturalizing Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of his Majesty's Colonies in America, to other Foreign Protestants, who conscientiously scruple the taking of an Oath"

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

Chitty against Attorney General.

Ordered, That the Hearing of the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent, which stands for Tomorrow, be put off to Monday Sevennight next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 15^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Carden to amend Appeal.

A Petition of Alexander Garden Esquire, was presented, and read, setting forth, "That the Petitioner hath (among other Things) appealed from certain Parts of an Interlocutor of the Lords of Session in Scotland, of the 26th of November 1743, but, by an Omission, hath not complained of another Part of the said Interlocutor, which he is advised he ought to have done," and praying, "That he may be at Liberty to amend his said Appeal, by adding the Words omitted, he amending the Respondent's Copy"

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

And being withdrawn.

Ordered, That the Petitioner may amend his Appeal, as desired, on the Condition above mentioned, and that the Hearing of this Cause, which stands for Monday next, be put off to the Wednesday Sevennight following, and that the other Causes be removed, to come on in Course.

Defence by Counsel on Impeachments of Treason, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Counsel."

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."

Heretable Jurisdictions in Scotland abolishing, Bill.

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

With a Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for maling Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there, and for rendering the Union of the Two Kingdoms more complete," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed, and that it be read a Second Time on Wednesday next, and the Lords to be summoned.

E Eglintoune to be heard by Counsel against it.

Upon reading the Petition of Alexander Earl of Eglintoune, setting forth, "That he apprehends, should the above mentioned Bill pass into a Law, he and several other loyal Subjects, possessed of several Heretable Jurisdictions in Scotland, would be thereby deprived of their Property, in Violation of that sacred Maxim of our Law, "That none shall be deprived of his Frechold or Franchise without his own wilful Default," and, being so highly concerned in the Consequences of the said Bill, praying, not only on his own Behalf, but on the Behalf of those who inhabit within his Jurisdictions, to be heard, by Counsel, against the passing this Bill into a Law, an Indulgence which, he is advised, is never to be refused to any whose Properties are, or may be, affected by any Bill depending in this House"

It is Ordered, That the Petitioner may be heard, by his Counsel, against the said Bill, as desired, at the Second Reading thereof.

St James's Church Yard enlarging, Bill.

The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act to confirm an Agreement made by the Rector and Vestrymen of the Parish of St James, within the Liberty of Westminster, for enlarging the Church Yard of the said Parish, and for other Purposes therein mentioned," was pleased, so far as the Interest of the Crown is concerned, to consent that the House may do therein as they think fit."

The said Bill was read a Second Time.

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

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

Masters Harris Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of the Estate of Edward Masters, deceased, for Payment of his Debts, and for other Purposes," stands committed, which is appointed to meet on Monday next, do meet, to consider of the said Bill, on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 19^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Defence by Counsel on Impeachments of Treason, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing Persons impeached of High Treason, whereby any Corruption of Blood may be made, or for Misprision of such Treason, to make their full Defence by Counsel."

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 Holt and Mr Montague

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

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

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

To return the Bill, intituled, "An Act for naturalizing Mark Liotard and Henry Uhthoff," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Vandenvelde's Nat Bill,

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

To return the Bill, intituled, "An Act for naturalizing Albert Vandenvelde Merchant," and to acquaint this House, that they have agreed to the same, without any Amendment.

and Drews Bill.

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

To return the Bill, intituled, "An Act for vesting a Farm and Lands in Cullumpton, in the County of Devon, late the Estate of Robert Drew Gentleman, deceased, in Trustees, in order to convey the same to Henry Cruwys Gentleman, pursuant to an Agreement with Mary Drew Widow, and for discharging a Mortgage on the said Estate," and to acquaint this House, that they have agreed to the same, without any Amendment.

D Queensberry to be heard, by Counsel, against Heretable Jurisdictions Bill.

Upon reading the Petition of Charles Duke of Queensberry and Dover, praying to be heard, by his Counsel, against the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Adminstration of Justice, throughout that Part of the United Kingdom, by the King's Courts and Judges there, and for rendering the Union more complete," as he apprehends it to be injurious to his Rights and Property, confirmed and secured by the Treaty of Union, in which the Rights now intended to be taken away were specially reserved, while other most valuable and distinguishing ones were sacrificed to real public Utility, on the Consideration that such Rights as were reserved would be inviolably maintained, and hoping this House will be particularly tender of Rights reserved in so solemn a Manner, and under such peculiar Circumstances.

It is Ordered, That the Petitioner may be heard, by his Counsel, as desired, at the Second Reading of the said Bill.

Freeholders, &c of Roxburgh, Petition against the Bill, to he on the Table.

Upon reading the Petition of the several Gentlemen, Freeholders and others, of the Shire of Roxburgh, whose Names are thereunto subscribed, setting forth divers Particulars, wherein they think themselves will be aggrieved, by the Bill for taking away and abolishing the Heretable Jurisdictions in Scotland and other Purposes, should the same pass into a Law, and praying to be heard, by then Counsel, against it.

It is Ordered, That the said Petition do lie on the Table.

Douglas to be heard, by Counsel, against the Heretable Jurisdictions, Bill.

Upon reading the Petition of Archibald Douglas Esquire, Heretable Sheriff of the Sheriftdom of Roxburgh, praying, "That he may be heard, by his Counsel, against passing the Bill for taking away and abolishing the Hereretable Jurisdictions in Scotland and other Purposes, an Indulgence which, he hopes, will never be refused to any Subject, where Property is to be affected by any Bill depending in this House, the Jurisdiction of Heretable Sheriff of the County of Roxburgh being now vested in him"

It is Ordered, That the Petitioner may be heard, by his Counsel, as desired, at the Second Reading of the said Bill.

Liotard & al Nat Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for naturalizing Mark Liotard and Henry Uhthoff"

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

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

St James's Church Yard enlarging, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm an Agreement, made by the Rector and Vestrymen of the Parish of Saint James, within the Liberty of Westminster, for enlarging the Church Yard of the said Parish, and for other Purposes therein mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Masters Harris's Bill (fn. 1)

The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of Edward Masters deceased, for Payment of his Debts, and for other Purposes therein mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and 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.

Naturalizing Foreign Protestants in America, Provisions extending, Bill.

The House (according to Order) was adjourned during Pleasure, andput in to a Committee upon the Bill, intituled, "An Act to extend the Provision, of an Act made in the Thirteenth Year of His present Majesty's Reign intituled, "An Act for naturalizing (fn. 2) such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of His Majesty's Colonies in America, to other Foreign Protestants who conserentiously scruple the taking an Oath"

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment"

Adjourn.

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

Origin or, v le p 112 b 113 b 119 b &c

DIE Mercurii, 20^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Masters Harris Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Edward Masters, deceased, for Payment of his Debts, 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. Bennett and Mr. Elde

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

St James's Church Yard enlarging, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm an Agreement made by the Rector and Vestrymen of the Parish of Saint James, within the Liberty of Westminster, for enlarging the Church Yard of the said Parish, 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 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.

Heretable Jurisdictions in Scotland abolishing, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice, throughout that Part of the United Kingdom, by the King's Courts and Judges there; and for rendering the Union of the Two Kingdoms more complete," and for hearing Counsel, upon the Petitions of Alexander Earl of Eglintoune, Charles Duke of Queensberry and Dover, and Archibald Douglas Esquire, Heretable Sheriff of the Sheriffdom of Roxburgh, against the said Bill.

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And Mr Graham and Mr Forester were fully heard, upon the said Petitions.

And a Grant made by King Charles the First, in the 18th Year of His Reign, of a Sheriffship and Barlliary of a Regality, being read.

The Counsel were directed to withdraw.

Ordered, That the further Consideration of the said Bill be adjourned till To-morrow.

Adjourn.

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