House of Lords Journal Volume 27: February 1747, 21-28

February 1747, 21-28

DIE Lunæ, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, and for applying a certain Sum of Money, therein mentioned, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-seven."

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

Warrington and Wigan 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 Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Road leading from Warrington to Wigan, in the County of Lancaster, and also for amending and repairing the Road leading from a Place called Earl's Kill, in Warrington aforesaid, to the Toll Bars in Wallgate, in Wigan aforesaid."

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 the usual Time and Place, and to adjourn as they please.

Message from H C to return Taylors Bill.

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

To return the Bill, intituled, "An Act for raising Money, by Leasing or Sale of the Estates late of Thomas Taylor Esquire the Father and Thomas Taylor Esquire the Son, deceased, to discharge the Debts and Encumbrances affecting the same, and for making a Partition of such Estates, or so much thereof as shall not be sold, for the Purposes aforesaid," and to acquaint this House, that they have agreed to the same, without any Amendment.

Sutton Marsh, to Guy's Hospital, Bill.

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

With a Bill, intituled, "An Act to confirm a Decree of the Court of the Dutchy of Lancaster, concerning certain Marsh Lands called Sutton Marsh, in the County of Lincoln, and a Conveyance from Lascells Metcalfe Esquire of the same to the Corporation of the President and Governors of the Hospital founded at the sole Costs and Charges of Thomas Guy Esquire," to which they desire the Concurrence of this House.

Newcastle upon Tyne, Road Bill.

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

With a Bill, intituled, "An Act for repairing the High Road leading from the North End of The Cow Cawsey, near the Town of Newcastle upon Tyne, to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland," to which they desire the Concurrence of this House.

Address for Navy Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be Graciously pleased to order the proper Officer to lay before this House a State of the Navy Debt, as it stood at Christmas last"

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

Carver & al against Polhill & al, and Wood against Polhill & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others Respondents, and wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents.

And One Counsel for the Appellants Carver and others being heard, by Way of Reply.

As also One Counsel for the Appellant Wood

They were all directed to withdraw.

And the following Orders and Judgements were made, (videlicet,)

First Judgement.

"After hearing Counsel, as well on Wednesday, Thursday, and Friday last, as this Day, upon the amended Petition and Appeal of Mary Carver Widow and Executrix of John Carver Esquire, deceased, Jane, Frances, and Anne Thompson, Administratrixes of Richard Thompson Esquire, deceased, with his Will annexed, Theobald Taaffe Esquire and Susanna his Wife Administratrix of Samuel Lowe Esquire, deceased, John Cranch and Elizabeth his Wife, and Hannah Turbill, Executors of the last Will of George Turbill Esquire, deceased, complaining of a Decree of the Court of Exchequer, of the 6th of December 1745, and praying, "That the same might be reversed, and that this House would make such further Order, for the Appellants Relief, is to their Lordships in their great Justice and Equity should seem meet" As also upon the Answers of David Polhill Esquire, Charles Polhill Esquire, the Honourable William Ker Esquire, Alexander Wilson Esquire, Charles Otway Esquire, James Mendos Merchant, Thomas Sheppara, and Nicholas Street, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause 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 Decree, therein complained of, be, and the same is hereby, affirmed And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondents, the Sum of One Hundred Pounds, for then Costs by reason of the said Appeal"

Second Judgement.

"After hearing Counsel, as well on Wednesday, Thursday, and Friday last, as this Day, upon the amended Petition and Appeal of William Wood Esquire, complaining of a Decree of the Court of Exchequer, of the 6th of December 1745, and also or an Order of the same Court, of the 4th of November 1746, and praying, "That the said Decree and Order might be reversed, and that the Appellant might have such Relief as to this House should seem meet" As also upon the Answers of David Polhill Esquire, Charles Polhill Esquire, the Honourable William Ker Esquire, Alexander Wilson Esquire, Charles Otway Esquire, James Mendos Merchant, Thomas Sheppard, and Nicholas Street, put in to the said Appeal, and due Consideration and Debate had of what was offered on either Side in this Cause It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, affirmed, but that the said Order of the 4th of November 1746, therein likewise complained of, be, and the same is hereby, reversed"

Adjourn.

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

DIE Martis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Message from H C to return Sir T. Parkyn's Bill.

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

To return the Bill, intituled, "An Act to enable Sir Thomas Parkyns Baronet and Jane Parkyns (with the Consent of their Guardians and Trustees) to make a Conveyance, by Way of Settlement, on their Intermarriage, notwithstanding their Minority," and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire then Lordships Concurrence.

Sutton Marsh to Guy's Hospital, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to confirm a Decree of the Court of the Dutchy of Lancaster, concerning certain Marsh Lands, called Sutton Marsh, in the County of Lincoln, and a Conveyance from Lascells Metcalse Esquire of the same to the Corporation of the President and Governors of the Hospital founded at the sole Costs and Charges of Thomas Guy Esquire"

Newcastle upon Tyne, Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from the North End of The Cow Cowsey, near the Town of Newcastle upon Tyne, to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland"

Harwich, &c Road, Bill.

The Lord Ward reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Povers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Western Part of the Parish of Shenfield to Horwich, in the County of Essex, and the Road leading from Chelinsford, in the said County, to Sudbury, in the County of Suffoll, and from Morgretting to Malden, in the County of Essex, and from Colcester to Langham, in the same County," and for repairing other Roads adjoining to the same Roads," 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"

Warrington, &c Road, Bill.

The same Lord made the like Report from the Committee to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Road leading from Warrington to Wigan, in the County of Lancaster, and also for amending and repairing the Road leading from a Place called Earl's Kill, in Warrington aforesaid, to the Poll Bars in Wallgate, in Wigan aforesaid," was committed.

Barry, to take the Name of Smith, Bill.

The Earl of Oxford (pursuant to the Order of Wednesday last, presented to the House a Bill, intituled, An Act to enable John Barry Esquire and his Issue by Dorothy his Wife (late Dorothy Smith) to take and use the Name of Smith, and bear the Arms of Smith"

And the same was read the First time.

L Byron's Bill.

Ordered, That the Earl of Carlisle be added to the Committee to whom the Bill, intituled, "An Act for settling the Estates of William Lord Byron and Elizabeth Shaw Spinster, an Infant, on their Intermarriage," stands committed.

Colmore & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anne Colmore Widow, 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 to empower Anne Colmore Widow, and her Assigns, during the Life of Thomas Colmore Merchant, to make Building Leases of Lands in and near Birmingham, in the County of Warwick"

Parsons & al pet referred to Judges.

Upon reading the Petition of Grace Parsons Spinster, Daughter of Sir William Parsons Baronet, Mark Dunton Esquire, George Henry Earl of Litchfield, and Frances Countess of Litchfield, on Behalf of Lady Harriot Lee and Lady Anne Lee, both Infants, Daughters of the late Earl of Litchfield, deceased, and of Lady Diana Beauclerk Daughter of the most Noble Charles Duke of St Albans, John Drummond Esquire and Clarlotte his Wife (late Charlotte Beauclerk), and Edward Young Doctor in Divinity, on the Behalf of Charlotte Lee an Infant, praying Leave to bring in a Bill, for selling the Capital Messuage of Great Frogmore, in the Parish of New Windsor, in the County of Berks, with the Offices, Gardens, Lands, and Appurtenances thereunto belonging, and to apply and dispose of the Money in such Manner as in and by a Decree in Chancery, in the Petition mentioned, is directed and appointed.

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

Articles of Impeachment, &c against L Lova to be printed.

Ordered, That the Articles of Impeachment of High Treason exhibited by the House of Commons against Simon Lord Lovat, and the Answer of the said Lord, together with the Replication of the House of Commons to the said Answer, be forthwith printed, for the Use and Conveniency of the Lords of this House only, and delivered to the Clerk Assistant only for that Purpose.

Male Bill.

The House (according to order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England, and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, and for applying a certain Sum of Money, therein mentioned, towards the Supply for the Service of the Year One Thousand Seven Hundred and Fortyseven."

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 Jovis, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

E Stamford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Harry Earl of Stamford 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 Part of the settled Estate of Harry Earl of Stamford, in order to discharge several Encumbrances affecting the same"

Kynaston's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Rectory of Saint Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement," 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.

Gwillym & al. Pet referred to Judges.

Upon reading the Petition of Robert Gwillym the Elder Esquire, and Robert Gwillym the Younger Esquire his Eldest Son and Heir, and Elizabeth his Wife, they the said Robert Gwillym the Younger and Elizabeth his Wife petitioning for and on the Behalf of themselves, and of Robert Vernon, Atherton Gwillym, William Atherton Gwillym, Elizabeth Gouldsmith, Atherton Gwillym, and Jane Atherton Gwillym, praying Leave to bring in a Bill, for Sale of certain Manors, Lands, and Hereditaments, in the Counties of Hereford, Gloucester, and Monmouth, comprized in the Marriage Settlement of the Petitioner Robert Gwillym the Younger, and for settling, in Lieu thereof, an Estate in Lancashire, as an Equivalent for the same.

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

Sutton Marsh, to Guy's Hospital, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm a Decree of the Court of the Dutchy of Lancaster, concerning certain Marsh Lands, called Sutton Marsh, in the County of Lincoln, and a Conveyance from Lascells Metcalfe Esquire of the same to the Corporation of the President and Governors of the Hospital founded at the sole Costs and Charges of Thomas Guy Esquire"

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 Friday the 13th Day of March next, at the usual Time and Place, and to adjourn as they please.

Newcastle upon Tyne Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the High Road leading from the North End of The Cow Cawsey, near the Town of Newcastle upon Tyne, to the Town of Belford, and from thence to Buckton Burn, in the County of Northumberland."

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

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

Sir T Parkyns's Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act to enable Sir Thomas Parkyns Baronet and Jane Parkyns (with the Consent of their Guardians and Trustees) to make a Conveyance, by Way of Settlement, on their Intermarriage, notwithstanding their Minority"

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

And a Message was sent to the House of Commons, by Mr. Elde and Mr Thurston, to acquaint them therewith.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England, and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, and for applying a certain Sum of Money, therein mentioned, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-seven."

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

It was Resolved in the Affirmative.

Harwich 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 Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Roads leading from the Western Part of the Parish of Shenfield to Harwich, in the County of Essex, and the Road leading from Chelmsford, in the said County, to Sudbury, in the County of Suffolk, and from Margretting to Malden, in the County of Essex, and from Colchester to Langham, in the same County," and for repairing other Roads adjoining to the same Roads."

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

It was Resolved in the Affirmative.

Warrington 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 Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Road leading from Warrington to Wigan, in the County of Lancaster; and also for amending and repairing the Road leading from a Place called Earl's Kill, in Warrington aforesaid, to the Toll Bars in Wallgate, in Wigan aforesaid"

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 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.

Colmore's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Anne Colmore Widow and her Assigns, during the Life of Thomas Colmore Merchant, to make Building Leases of Lands, in and near Birmingham, in the County of Warwick"

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 the 13th Day of March next, at the usual Place, and to adjourn as they please.

The King's Answer to the Address for State of the Navy Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on Monday last, for a State of the Navy Debt, as it stood at Christmas last, and that His Majesty was pleased to say, He will give Order that the same be laid before this House accordingly"

Chitty against Attorney General.

Whereas To-morrow is appointed, for hearing the Cause wherein Joseph Chitty is Appellant, and His Majesty's Attorney General Respondent.

Hearing put off.

It is Ordered, That the said Hearing be adjourned till Monday Fortnight, the 16th of March next.

Adjourn.

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