House of Lords Journal Volume 27: December 1748

December 1748

DIE Martis, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Wentworth takes his Seat.

Edward Lord Wentworth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

His Majesty's Answer to the Address.

The Lord Chancellor reported, "That the House did, on Wednesday last, present to His Majesty their humble Address, to which His Majesty was pleased to return the following most Gracious Answer, (videlicet,)

"My Lords,

"I thank you for this dutiful and affectionate Address The Satisfaction you have so unanimously expressed in the Measures I have taken is particularly agreeable to Me, and you may be assured that, both in War and in Peace, my great Aim has been, and always shall be, the Advancement of the true Interests of My People, and the Support of My Allies."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Account of prohibited East India Goods and Naval Stores delivered.

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

They were called in, and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Return of the said Commissioners, with the Accounts of prohibited East India Goods and Naval Stores imported, from Michaelmas 1747, to Michaelmas 1748, and also an Account of prohibited East India Goods delivered out of the Warehouses, to be glazed, refreshed, &c. for the same Time."

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk, and are as follow, (videlicet,)

"N^o 1. An Account of prohibited East India Goods remaining in the East India Warehouses in St. Hellens, in the Port of London, at Michaelmas 1747, what has been since brought in, what exported, as also what remained at Michaelmas 1748"

"N^o 2 An Account of prohibited East India Goods remaining in the East India Warehouses at Leadenhall and Fenchurch Street, in the Port of London, at Michaelmas 1747, what have been since brought in, what exported, as also what remained at Michaelmas 1748."

"N^o 3 An Account of prohibited East India Goods remaining in His Majesty's Warehouses in the Port of London, at Michaelmas 1747, what have been since brought in, what exported, as also what remained at Michaelmas 1748."

"N^o 4 An Account of East India Goods prohibited to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports, at Michaelmas 1747, what have been since brought in, what exported, as also what remained at Michaelmas 1748."

"N^o 5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Hellens, Fenchurch Street, Leadenhall Street, and Custom-house, in the Port of London, from Michaelmas 1747, in order to be dyed, glazed, &c., what has been returned, and what remained out of the said Warehouses at Michaelmas 1748."

"N^o 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1747, to Michaelmas 1748."

"N^o 7. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1747, to Michaelmas 1748."

Ordered, That the said Accounts do lie on the Table.

L Teynham & al Pet referred to Judges.

Upon reading the Petition of Henry Lord Teynham and Catherine Lady Teynham his Wife, One of the Two Daughters and Coheirs of John Powell late of Sandford in the County of Oxford Esquire, deceased, and of Sir Francis Curson Baronet and Dame Winifred Curson his Wife, the other of the Two Daughters and Coheirs of the said John Powell, praying Leave to bring in a Bill, for confirming a Partition in the Petition mentioned, of several Estates between the Petitioners, and settling the same to the several Uses to which their undivided Shares now stand limited.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Baron Clarke; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under then Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition, and also that the Judges, having perused the Bill, do sign the same.

Rose and Usher & al. against Countess of Roscommon.

A Petition of Arthur Usher Esquire, Administrator of the Goods and Chattels of Robert Taylor, deceased, was presented, and read, setting forth, "That an Appeal from a Decree of the Court of Chancery in Ireland, of George Rose Esquire and the Petitioner, to which Angel Countess Dowager of Roscommon is Respondent, was set down to be heard last Session of Parliament, but the said Rose is since dead; and that he and the Petitioner were equally concerned in Interest in the Matters in Question, so that the Petitioner cannot safely proceed to hearing without the Representative of the other Appellant, who is not at present known," and praying, "That the Hearing of this Appeal may be adjourned."

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

And being withdrawn.

Ordered, That the said Hearing be adjourned till To-morrow Six Weeks.

Respondents to answer Cahill's Appeal.

Upon reading the Petition of John Cahill Esquire, Devisee of John Cahill Gentleman, deceased, his only Son, setting forth, "That they appealed to this House, from Two Orders of the Court of Chancery in Ireland, to which Appeal Nicholas Moore and others put in their Answer, that, the said Son dying in May 1747, all his Interest vested in the Petitioner, and that, on his Application to this House, Liberty was given him to amend the said Appeal, which is done accordingly," and praying, "That the Respondents may be required to answer the said amended Appeal"

It is Ordered, That the several Respondents thereunto do put in their Answer, as desired, in Five Weeks.

Respondents to answer the Countess of Kildare and others Appeal.

Upon reading the Petition of Mary Countess of Kildare and others, setting forth, "That their Appeal, to which Robert Burton and others are Respondents, was set down to be heard last Session of Parliament, but adjourned over to this present Session, and, several material Parties being wanting, Liberty was given to the Petitioners to amend the said Appeal, which was done accordingly, but the Parties added have not yet put in their Answer," and praying, "That they may be required so to do, at such Time as this House shall please to appoint"

It is Ordered, That the Right Honourable Henry Boyle Esquire, the Right Honourable Thomas Marlay Esquire, Michael Ward, Henry Singleton, John Bowes, Eaton Stannard, William Vesey, Boleyn Whitney, Benjamin Burton, Francis Bindon, John Hardy, and Daniel Falkiner Esquires, do put in their Answer to the said Appeal, as desired, in Five Weeks, and that Service of this Order on the said Respondents, or their Clerk in Court, be deemed good Service.

Dunn against Merry.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Dunn Esquire is Appellant, and Thomas Merry Respondent"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after the Recess at Christmas.

Campbell peremptonly to answer Campbells Appeal.

The House was informed, "That Alexander Campbell of Shervane has not put in his Answer to the Appeal of Margaret Campbell and others, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Duncan M^cDonald Writer in Edinburgh, of the due Service of the said Order, being read.

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

Robinson peremptorily to answer Grant's Appeal.

The House was informed, "That Archibald Robinson has not put in his Answer to the Appeal of Francis Grant Merchant in Edinburgh, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Stewart Writer in Edinburgh, of the due Service of the said Order, being read.

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

Bayly and Fleming peremptorily to answer Bayly's Appeal.

The House was informed, "That John Bayly of the City of Dublin Gentleman, and Thomas Fleming of Belvile in the County of Cavan Esquire, have not put in their Answer to the Appeal of Fleming Bayly Gentleman, though duly served with the Order of this House for that Purpose" (fn. 1)

And thereupon an Affidavit, made by the Appellant, of the due Service of the said Order, being read.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Decembris, hora undecima Auroræ.

DIE Jovis, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Whitefoord against Sir D Cunninghame.

Upon reading the Petition and Appeal of James Whitefoord of Dunduff Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 12th of December 1747, and of another Interlocutor of the same Lords, of the 10th of June 1748, adhering thereunto, made on the Behalf of Sir David Cunninghame of Milacraig Baronet, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet"

It is Ordered, That the said Sir David Cunninghame may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 5th Day of January next, and Service of this Order on his Procurators or Agents before the Court of Session shall be deemed good Service.

Petitions for Private Bills, Time limited.

Ordered, That no Petition for a Private Bill be received by this House, after Thursday the 9th Day of February next, during this Session of Parliament.

Adjourn.

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

DIE Martis, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Griffin to take the Name of Whitwell, Leave for a Bill.

Upon reading the Petition of the Countess of Portsmouth, Anne Whitwell, and John Griffin Whitwell Esquire, praying Leave to bring in a Bill, for enabling the Petitioner John and his Issue to take and use the Surname and Arms of Griffin, he being Nephew of the said Countess.

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

Then the Lord Willoughby of Parham, pursuant to the said Order, presented to the House a Bill, intituled, "An Act for enabling John Griffin Whitwell Esquire and his issue to take and use the Surname and Arms of Griffin"

Bill read.

And the same was read the First Time.

Campbell against Campbell & al:

Upon reading the Petition of Magdalen Campbell, setting forth, "That her Appeal was set down to be heard last Session, and now stands first to be hard in the Paper of Causes, but the same is not now ready for hearing," and praying, "That the said Hearing may be put off to such Time as the House shall appoint"

It is Ordered, That the Hearing of the said Cause be put off to the First vacant Day for Causes after the Recess at Christmas.

Campbell alias Drummond & al. against Campbell.

Upon reading the Petition of Mary Campbell, Respondent to the Appeal of James Campbell, alias Drummond, and others, setting forth, "That the Matters in Question are in a fair Way of being accommodated, the Parties having agreed to refer the same to Arbitration," and praying, "In regard the Cause stands in Course to be heard on Monday next, that the same may be put off for Two Months"

It is Ordered, That the said Hearing be accordingly adjourned till To-morrow Two Months.

Fitzgerald & Ux against Leslie & al.

Upon reading the Petition and Appeal of Robert Fitzgerald of the City of Dublin in the Kingdom of Ireland Esquire, and of Lucy his Wife (late Lucy Leslie), a Minor under the Age of Twenty one Years, that is to say, of the Age of Nineteen Years or thereabouts, complaining of a Decretal Order of the Court of Exchequer in that Kingdom, of the First Day of June 1741, made in a Cause wherein James Leslie Clerk was Plaintiff, and the Appellant Lucie, by her Guardian, and others, were Defendants, and also the Remembrancer's Report, and subsequent Order of the said Court, of the 16th of July 1742, and praying, "That an Order of Summons may be directed to James Leslie, William Crosbie, James Blenerhasset, and Anne his Wife, Robert Leslie, John Goodman, Hannah Goodman, William Connor, Daniel Connor, John Lappe, Augustus Carie, Thomas Weeks, Joseph Bennett and Elizabeth his Wife, thereby requiring them severally and respectively to put in then Answer to the said Appeal, and that this House will make such further Order as the Nature and Circumstances of the Case may require, and as the Court below ought to have done"

It is Ordered, That the said several Parties 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 Tuesday the 17th Day of January next, and Service of this Order on the Clerk of the said Respondents in the said Court of Exchequer in Ireland shall be deemed good Service.

Scott against L Naper.

Upon reading the Petition and Appeal of Francis Scott, Brother-German to the deceased John Scott of Devonton, complaining of several Interlocutors of the Lords of Session in Scotland, of the 26th of June, 18th November, and 19th December, 1735, 9th January 1736, 16th February and 12th July 1737, 3d July and 29th November 1739, 22d and 29th July 1740, 15th December 1742, 5th January and 2d December 1743, and 18th January 1744, and also of an Interlocutor of the Lord Ordinary, of the 9th of June following, made on the Behalf of Francis Lord Napier, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to their Lordships in their great Wisdom shall seem meet"

It is Ordered, That the said Francis Lord Napier may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 10th Day of January next.

Montagu's Pet for a Bill to make Leases of Rogers's Estate, referred to Judges.

Upon reading the Petition of Edward Montagu Esquire, as Committee of the Estate, and on the Behalf, of John Rogers Esquire, a Lunatic, praying Leave to bring in a Bill, to enable the Petitioner to make an effectual Surrender of the present Lease of certain Collieries in the Petition mentioned, from the See of Durham, in order to obtain a new Lease thereof, for the Purposes therein expressed.

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

Garden to enter into Recognizance for Whitefoord.

The House being moved, "That Robert Garden of The Middle Temple London Gentleman may be permitted to enter into a Recognizance for James Whitefoord Esquire, on account of his Appeal depending in this House, he residing in Scotland"

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

Adjourn.

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

DIE Veneris, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Whitwell to take the Name of Griffin, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling John Griffin Whitwell Esquire and his Issue to take and use the Surname and Arms of Griffin"

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

Their Lordships, or any Five of them, to meet To morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers, and to adjourn as they please.

Ordered, That all the Lords who have been present this Session, and are not of the said Committee, be added thereunto.

Bacon to enter into Recognizance for Fitzgerald.

The House being moved, "That Mathew Bacon Esquire may be permitted to enter into a Recognizance for Robert Fitzgerald Esquire and Lucy his Wife, on Account of their Appeal depending in this House; they residing in Ireland"

It is Ordered, That the said Matthew Bacon may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

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

DIE Lunæ, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lords take the Oaths.

Thomas Duke of Leeds and George Earl of Halifax took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, they having first delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Whitwell to take the Name of Griffin, Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling John Griffin Whitwell Esquire and his Issue to take and use the Surname and Arms of Griffin," 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.

Ludlam's Petition for a Bill, to sell Lockwood's Estate, referred to Judges.

Upon reading the Petition of John Ludlam Clerk; praying Leave to bring in a Bill, for Sale of Part of an Estate in the County of York, in the Petition mentioned, for discharging a Mortgage Debt due thereupon.

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

Luther & Ux Petition referred to Judges.

Upon reading the Petition of Richard Luther Esquire and Charlotte his Wife, for themselves and on the Behalf of their Four Children, who are Infants, praying Leave to bring in a Bill, for explaining and amending a Power granted to the Petitioner Charlotte, in the Petitioners Marriage Settlement, as to the Children of the said Marriage, and making the same more effectual for their Benefit.

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

Countess Kildare & al against Burton & al.

The House was informed, "That a Person attended, in order to deliver in a Copy of the Notes taken in the Cause wherein the Countess of Kildare and others are Appellants, and Robert Burton Esquire and others Respondents"

Copy of Notes proved.

He was called in, and delivered, at the Bar, the said Copy, and attested upon Oath, "The same was true, he having examined it with the Original in the proper Office in the Court of Exchequer in Ireland."

And then he was directed to withdraw.

Malt Bill.

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

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

The said Bill was read the First Time.

Whitwell to take the Name of Griffin, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling John Griffin Whitwell Esquire and his Issue to take and use the Surname and Arms of Griffin."

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. Spicer and Mr. Edwards

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, vicesimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 20^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Bayly against Bayly and Fleming.

The several Answers of John Bayly and Thomas Fleming Esquires, to the Appeal of Fleming Bayly Gentleman, was brought in.

Malt Bill.

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

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

Proceedings of the Commissioners of Westminster Bridge delivered.

The House being informed, "That Sir Joseph Ayloffe attended"

He was called in, and delivered, at the Bar, pursuant to several Acts of Parliament,

"State of the Proceedings of the Commissioners of Westm's Bridge, from October 27th 1747, to November 15th 1748, both inclusive"

And also, "An Accompt of the Treasurer to the said Commissioners, from 29th September 1747, to 29th September 1748"

And then he was directed to withdraw.

And the Titles thereof being read by the Clerk.

Ordered, That the said State and Accompt do lie on the Table.

Adjourn.

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

DIE Mercurii, 21^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Napier against Mictailane.

Upon reading the Petition and Appeal of Gabriel Napier of Crargannet, late Sheriff Depute of Stirlingshire, complaining of an Interlocutor of the Lord Ordinary, of the 16th of June 1747, and also of an Interlocutor of the Lords of Session, of the 25th of November last, and likewise of Two other Interlocutors of the same Lords, of the 1st and 9th of this Instant December, made on the Behalf of George Macfarlane, and praying, "That the same may be reversed, and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet"

It is Ordered, That the said George Macfarlane may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 18th Day of January next, and Service of this Order on the Procurator or Agent of the said Respondent shall be deemed good Service.

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Forty-nine"

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 Amendmen"

Adjourn.

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

DIE Jovis, 22^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ.

PRAYERS.

Malt Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Forty-nine"

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 Spicer and Mr Edwards

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being seated on the Throne, with the usual Ceremonies, the Prince of Wales, in his Robes, sirting in his Place on His Majesty's Right Hand, the Lords being also in their Robes, the Gentleman Usher of the Black Rod received His Majesty's Commands 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 Introduction in relation to the Malt Bill, delivered the same to the Clerk, who brought at to the Table, where the Clerk of the Crown read the Title thereof, as follows, (videlicet,)

Malt Bill passed.

"An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Forty-nine"

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

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

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Mead against Bash,

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error, in One of which,

and Purdy against Tucker, Writs of Error.

William Mead is Plaintiff, against Thomas Bush Defendant And in the other, Abraham Purdy is Plaintiff, against John Tucker Defendant.

Adjourn.

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