House of Lords Journal Volume 25: March 1741, 21-31

March 1741, 21-31

DIE Sabbati, 21^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Salt Duties, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for allowing Rock Salt to be used, in making of Salt from Sea Water, at the Salt Works at Neath, in the County of Glamorgan."

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

It was Resolved in the Affirmative.

Protestant Purchasers Relief, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists against the Penalties or Forfeitures Papists are liable to, for not having enrolled their Estates, in Pursuance of an Act of the Third Year of the Reign of His late Majesty King George the First, for that Purpose."

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

It was Resolved in the Affirmative.

Redhouse to Wakefield, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Roads from a Place called Redhouse, near Doncaster, to Wakefield, and through the said Town of Wakefield, by Dewsbury, Hightown and Lightcliffe, to the Town of Halifax, in the West Riding of the County of York."

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

It was Resolved in the Affirmative.

Eland to Leeds, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from Eland to the Town of Leeds, in the West Riding of the County of York."

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

It was Resolved in the Affirmative.

Coggs and Dann, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing new Commissioners and Trustees, for putting in Execution an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners, in Trustees, for the speedier Payment of their Creditors;" and for determining Differences thereupon."

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

It was Resolved in the Affirmative.

Doncaster to Saltersbrooke Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from Doncaster (through the Parish of Peniston), in the County of York, to Saltersbrooke, in the County of Chester; and also the Road from Rotherham, in the said County of York, to Hartcliffe Hill, in the said Parish of Peniston."

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Sawyer and Mr. Montague:

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

Papers about opening a Trade to Persia delivered.

The Lord Monson, from the Commissioners for Trade and Plantations, presented to the House, in Pursuance of their Lordships Order of Wednesday last, several Papers; with a Lift thereof.

Which was read, by the Clerk, as follows:

"Copy of a Letter from the Duke of Newcastle, dated the 16th of September 1740;" enclosing.

"Extracts of Two Letters from Mr. Finch, His Majesty's Minister at Petersburgh, relating to the Opening of a Trade through Russia to Persia."

"A.

"Copy of a Paper put into the Hand of Mr. Finch, at Petersburgh, by Captain Elton, relating to the same Subject."

"B.

"Copy of another Paper put into the Hand of Mr. Finch, at Petersburgh, by Captain Elton, relating to the same Subject."

"Copy of a Representation from the Governor, Consuls, &c. of the Russia Company, to the Board of Trade, relating to the same Subject."

"Copy of a Representation from the Board of Trade to His Majesty, relating to the Opening a Trade through Russia to Persia, dat. November 11th, 1740."

"Copy of a Representation from the Board of Trade to their Excellencies the Lords Justices; relating to the Disadvantages the English Trade lies under, by the Increase of the French Cloth Trade to Turkey; dated October 9th, 1740."

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

Message from H. C. to return Edmunds's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estate of Thomas Edmunds Esquire in Trustees, to be sold, for raising Money, to discharge the Debts of himself and his late Father, deceased; and for settling another Estate, of greater Value, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The Amendment was read, and agreed to.

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

Copies of Memorials of the Levant Company delivered.

The Lord Steward, by His Majesty's Command, presented to the House, pursuant to their Lordships Address on Wednesday last,

"Copies of Two Memorials of the Levant Company, June 28th, 1739, and September 9th, 1740."

And the Titles thereof being read by the Clerk:

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

Account of manufactured Silk exported to be brought.

Ordered, That the Commissioners of the Customs do lay before this House, an Account of the Quantity of manufactured Silk exported, from Christmas 1720, to Christmas 1740; with the Value thereof; distinguishing each Country, and each Year.

Messages from H. C. with a Bill:

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

With a Bill, intituled, "An Act to continue an Act for Relief of Debtors, with respect to the Imprisonment of their Persons; and Two subsequent Acts, for explaining and amending the same; and also to continue an Act for the free Importation of Cochineal and Indico;" to which they desire the Concurrence of this House.

and to return Ludewig, Nat. Bill.

A Message was brought from the House of Commons, by the Lord Sidney Beauclere and others:

To return the Bill, intituled, "An Act for naturalizing Everard John Ludewig;" and to acquaint this House, that they have agreed to the same, without any Amendment.

County Bridges repairing, &c. Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to supply some Defects in the Laws for repairing and re-building County Bridges; for repairing, enlarging, erecting, and providing, Houses of Correction; and for passing Rogues and Vagabonds:"

Ordered, That the House be put into a Committee thereupon, on Tuesday next.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

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

Who being come, with their Speaker;

He, after a short Introduction, in relation to the Money Bills to be passed, delivered the same to the Clerk, who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. 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; for the Service of the Year One Thousand Seven Hundred and Forty-one."

"2. An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for allowing Rock Salt to be used, in making of Salt from Seawater, at the Salt Works at Neath, in the County of Glamorgan."

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

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

"3. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"4. An Act to prohibit for a Time therein limited the Exportation of Corn, Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon."

"5. An Act to amend the Law concerning Common Recoveries; and to explain and amend an Act made in the Twenty-ninth Year of the Reign of King Charles the Second, intituled, "An Act for Prevention of Frauds and Perjuries," so far as the same relates to Estates pur auter Vie."

"6. An Act to prevent Inconveniencies arising from Delays of Causes after Issue joined.

"7. An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose."

"8. An Act to indemnify Protestant Purchasers of Estates of Papists, against the Penalties or Forfeitures Papists are liable to, for not having enrolled their Estates, in Pursuance of an Act of the Third Year of the Reign of His late Majesty King George the First, for that Purpose.

"9. An Act to render the Laws more effectual, for preventing the stealing and destroying of Sheep and other Cattle.

"10. An Act for licensing the Importation of Victual from Ireland, and other Parts beyond the Seas, into Scotland, in Time of Dearth and Scarcity."

"11. An Act to explain and amend an Act made in the Third Year of the Reign of King James the First, intituled, An Act for the recovering of small Debts, and for the relieving of poor Debtors, in London."

"12. An Act to empower Joseph Porter, James Bourdieu, and Abraham Desmarette, to import a certain Quantity of Raw Silk, of the Growth of Spain, from Leghorn."

"13. An Act for repairing the Road from Wakefield to Pontefract, and from thence to a Place called Weeland, in the Township of Hensall, and from Pontefract to Wentbridge, in the Township of Darrington, in the West Riding of the County of York."

"14. 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 and widening the Road from Horseley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County."

"15. An Act for enlarging the Term and Powers granted by an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Roads in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex; and for repairing some other Roads, in the Parish of St. George, Hanover Square, and the said Parishes of Kensington and Chelsea."

"16. An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, for repairing the Roads leading from Sevenoaks to Woodsgate and Tunbridge Wells, and from Woodsgate to Kippings Cross, in the County of Kent; and also for repairing the Roads from Kippings Cross aforesaid, to Lamberhurst Pound and Pullens Hill, in the said County, and to Flimwell Vent, in the County of Sussex."

"17. An Act for repairing the Roads from Doncaster, through Ferrybridge, to the South Side of Tadcaster Cross, and also from Ferrybridge to Wetherby, and from thence to Borough Bridge, in the County of York."

"18. An Act to enlarge the Terms and Powers granted by Three several Acts, made in the Ninth and Twelfth Years of the Reign of Her late Majesty Queen Anne, and in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as the same relate to the Roads lying in the Middle and South Divisions of the said Highways."

"19. An Act to enlarge the Terms and Powers granted by an Act made in the First Year of His present Majesty's Reign, intituled, An Act for repairing the Road leading from Chatteris Ferry (which divides the Isle of Ely from the County of Huntingdon) to Hammonds Eau, and from thence to Somersham Bridge, at Somersham Towns End, in the said County."

"20. An Act for repairing the Road from Doncaster (through the Parish of Peniston), in the County of York, to Saltersbrooke, in the County of Chester; and also the Road from Rotherham, in the said County of York, to Hartcliffe Hill, in the said Parish of Peniston."

"21. An Act for repairing the Roads from a Place called Redhouse, near Doncaster, to Wakefield, and through the said Town of Wakefield, by Dewsbury, Hightoun and Lightcliff, to the Town of Halifax, in the West Riding of the County of York."

"22. An Act for repairing the Road leading from Eland, to the Town of Leeds, in the West Riding of the County of York."

"23. An Act for repairing and enlarging the Roads from the Town of Selby, in the West Riding of the County of York, to the Town of Leeds, and from thence (in Two several Branches, One through Bradford and Horton, and the other through Bowling and Wibsey, to the Town of Halifax, in the same Riding."

"24. An Act for incorporating the Undertakers of the Navigation of the River Dee."

"25. An Act for supplying the City of Gloucester with fresh Water.

"26. An Act for the effectual Draining and Preservation of Waterbeach Level, in the County of Cambridge; and to establish an Agreement made between the Lord of the Manor of Waterbeach cum Denny and the Commoners within the said Manor."

"27. An Act for appointing new Commissioners and Trustees, for putting in Execution an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for vesting the Estate and Effects of John Coggs and John Dann, Goldsmiths and Copartners, in Trustees, for the speedier Payment of their Creditors;" and for determining Differences thereupon."

"28. An Act for finishing and compleating the Parish Church of Gainsborough, in the County of Lincoln."

"29. An Act to enable the Parishioners of the Parish of Saint Botolph without Aldgate, in the City of London, and County of Middlesex, to re-build the Church of the said Parish."

"30. An Act for making the Chapelry of Nether Knutsford, in the Parish of Rosthern, and County of Chester, a separate and distinct Parish; and for erecting a Parish Church therein, endowing the same, settling the Right of Presentation thereto, and other Purposes."

"31. An Act for making a Chapel lately built by John Coppin Esquire, at Market Street, in the Parish of Cadington, in the County of Hertford, a perpetual Cure and Benefice; and for other Purposes therein mentioned."

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

"Le Roy le veult."

"32. An Act for enabling Robert Duke of Manchester to make a Jointure on his present Dutchess, and to make Leases of certain Parts of his Estate; and for other Purposes therein mentioned."

"33. An Act for vesting the Seat and Estates of Nicholas late Earl of Scarsdale, deceased, in the several Counties of Derby and Nottingham, comprized in his Settlement and Will, and the Furniture there at his Death, in Trustees, to be sold, for speedier Payment of his Debts; and preserving the Surplus to go according to his said Settlement and Will."

"34. An Act for vesting in William Wildman Lord Viscount Barrington in the Kingdom of Ireland, for Life, certain Messuages and Tenements in the City of London, late the Estate of Mary Lady Viscountess Barrington his Wife, upon the Terms mentioned in their Marriage Settlement."

"35. An Act for enabling Sir John Jennings and George Jennings Esquire his Son, a Minor, to convey certain Estates in Surrey and Hertfordshire, for the Benefit of the said George Jennings, and such Wife as he shall marry, and the Issue of such Marriage."

"36. An Act for vesting Part of the Tithes of Rygate, in the County of Surrey, in Robert Scawen Esquire, and his Heirs; and for settling another Estate to the Uses limited of the said Tithes by the Will of Sir William Scawen Knight, deceased."

"37. An Act for vesting the Freehold and Leasehold Estates late of Thomas Lewis of Soberton Esquire, deceased, in Trustees, to be sold, for raising Money, to discharge his Debts and Legacies."

"38. An Act for vesting certain Manors, Lands, and Tenements, of William Hudleston Esquire, in Trustees, to be sold, for Payment of his Debts."

"39. An Act for Sale of the Estate of John Neale Esquire, in the County of Bucks; and for settling another Estate, in the County of Warwick, in Lieu thereof."

"40. An Act for vesting the settled Estate of Thomas Western Esquire, in the County of Buckingham, in him and his Heirs; and for settling another Estate, in the County of Cambridge, of greater Value, to the Uses of his Marriage Settlement; and also for rendering a Power of Revocation, contained in that Settlement, more effectual for the Purposes thereby intended."

"41. An Act for dividing and enclosing several Open Fields, Pastures, and Commons, in the Townships of Great Driffield and Little Driffield, in the County of York; and for settling certain Yearly Payments to the Prebendary of Driffield for the Time being, in Lieu of his Tithes, pursuant to an Agreement and an Award made for those Purposes."

"42. An Act for confirming and establishing Articles of Agreement, and an Award, for dividing and enclosing certain Common Fields, and a Common called Chawton Common, in the Parish of Chawton, in the County of Southampton."

"43. An Act for dividing and enclosing the Common Fields, lying in the Manor and Parish of Sherston Magna, in the County of Wilts."

"44. An Act for enclosing and dividing the Common Fields, Common Pastures, Common Meadows, and Waste Grounds, in the Manor and Parish of Brincklow, in the County of Warwick."

"45. An Act to enable John Rice and his Heirs to take and use the Surname of Tutt, pursuant to the Will of John Tutt Gentleman, deceased."

"46. An Act for enabling Edward Burnaby an Infant, and the Heirs Male of his Body, to take the Surname of Greene, pursuant to the Will of Thomas Greene Esquire, deceased; and for other Purposes therein mentioned."

"47. An Act to enable Francis Thistlethwaite Esquire and the Heirs Male of his Body, to take and use the Surname of Whithed, pursuant to the Will and Codicils of Richard Whithed Esquire, deceased."

"48. An Act for vesting Part of the settled Estate of Thomas Edmunds Esquire, in Trustees, to be sold, for raising Money, to discharge the Debts of himself and his late Father, deceased; and for settling another Estate, of greater Value, in Lieu thereof."

"49. An Act for naturalizing John Richard Brinckman Esquire."

"50. An Act for naturalizing Martin Kuyck Van Mierop."

"51. An Act for naturalizing Gedeon Bourdillon, John David Billon, and Mathew Housman."

"52. An Act for naturalizing Eve Superiori, alias Smith."

"53. An Act for naturalizing Ernest Barnerd."

"54. An Act for naturalizing Everard John Ludewig."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Address for Copy of the Treaty with Russia.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, a Copy of the Treaty of Commerce between His Majesty and Her Czarish Majesty, concluded at Petersburg, 2d December, 1734; and Translation thereof."

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

Adjourn.

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

DIE Martis, 24^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vernon against Vernon.

The Answer of Edward Vernon Clerk, to the Appeal of Jane Vernon Widow:

As also, the Answer of Elizabeth Carter Spinster to the same Appeal;

Were brought in.

Increase of Seamen, Bill.

A Message was brought from the House of Commons, by Sir Charles Wager and others:

With a Bill, intituled, "An Act for the Encouragement and Increase of Seamen; and for the better and speedier manning His Majesty's Fleet;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Account of manufactured Silk exported.

The House being informed, "That a Person from the Custom-house attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of Saturday last,

"The Return of the Commissioners of the Customs, with an Account of the Quantity of manufactured Silk exported, from Christmas 1720 to Christmas 1740; with an Accompt of the Value thereof; distinguishing each Country, and each Year."

And then he withdrew.

And the said Return being read:

Ordered, That the Papers do lie on the Table.

Hearing Counsel on Perna Trade Bill put off.

A Petition of the Governor and Company of Merchants of England trading to The Levant Seas, was presented, and read; setting forth, "That last Week they instructed Thomas Clarke Esquire, as One of their Counsel; who Yesterday acquainted the Petitioners, it was absolutely impossible for him to attend, on account of a very violent Disorder;" and praying, "In regard they are, by this Accident, unavoidably deprived of Mr. Clarke, on whose Assistance they greatly relied; that the Second Reading of the Bill, for opening a Trade to and from Persia through Russia, may be put off, to such further Day as the House shall think fit."

After Debate;

Ordered, That the Second Reading of the said Bill be put off to the First Day of Meeting after the approaching Recess; and that One Counsel only of a Side shall be then heard, in relation to the said Bill.

Vaughan a Protection, while his Bill is depending.

Upon reading the Petition of Gwyn Vaughan Esquire; praying, "In regard he is under great Fear of being arrested; that the Protection of this House may be granted him, during such Time as his Bill, to enable him to grant Leases of Land, in the County of Somerset, according to the Custom of the Country, shall be depending:"

Ordered, That the Petitioner shall have the Protection of this House, as desired, during the Dependance of the said Bill.

Manufacture of Cloth, West Riding Yorkshire, regulating, Bill.

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

With a Bill, intituled, "An Act for continuing an Act, passed in the Seventh Year of the Reign of His present Majesty, to explain and amend a former Act, passed in the Eleventh Year of the Reign of His late Majesty King George the First, for the better regulating the Manufacture of Cloth, in the West Riding of the County of York; and for making the said Acts more effectual;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Relief of Debtors, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue an Act for Relief of Debtors, with respect to the Imprisonment of their Persons; and Two subsequent Acts, for explaining and amending the same; and also to continue an Act for the free Importation of Cochineal and Indico."

E. Arran's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling the Right Honourable Charles Earl of Arran to raise Money, by Sale or Mortgage of Part of his Estate in the Kingdom of Ireland, for Payment of Debts, and for other Purposes," 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."

County Bridges, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to supply some Defects in the Laws for repairing and re-building County Bridges; for repairing, enlarging, erecting, and providing, Houses of Correction; and for passing Rogues and Vagabonds."

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, secundum diem Aprilis, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.