House of Lords Journal Volume 27: March 1748, 11-20

March 1748, 11-20

DIE Veneris, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Persons omitting to take the Oaths, indemnifying, Bill.

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

With a Bill, intituled, "An Act to indemnisy Persons who have omitted to quality themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Carthew's Bill; Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion made on Wednesday last, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so as that the Committee to whom the Bill, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the County of Suffolk, late the Estate of Thomas Carthew Esquire, deceased, in his Executors, to enable them to convey the same, pursuant to Articles entered into for the Purchase thereof," stands committed, may meet on an earlier 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.

Dawson et al Pet referred to Judges.

Upon reading the Petition of Roper Dawson Esquire, Eldest Son and Heir of George Dawson late of Ferriby in the County of the Town of King ston upon Hull Esquire, deceased, and of Dorothy and Ann Dawson Spinsters, Two of the Daughters of the said George Dawson, on Behalf of themselves and of William, George, Elizabeth, Jane and Lillington Dawson, Sons and Daughters of the said George Dawson the Father, deceased, and Infants under the Age of Twenty one Years, praying Leave to bring in a Bill, for vesting the Equity of Redemption of certain Estates in the County of York, in the Peti tion mentioned, in the Petitioner Roper, upon Condition of his paying his Father's Debts.

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, with the usual Directions, according to the Standing Orde.

Campbell alias Drummond against Campbell.

A Petition of Elizabeth and Jean Campbell, and James Campbell, otherwise Drummond, Husband to the said Elizabeth, was presented, and read, setting forth, "That the Petitioners Appeal stands to be heard on Monday next, but an Accommodation of the Matters in Disterence is not quite perfected, but there is great Prospect of an amicable Issue," and praying, "That the Hearing may be put off to such further Time as this House shall think fit"

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

And being withdrawn:

Ordered, That the said Hearing be further put off for Two Months.

York and Durham Roads repairing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the High Road from the Town of Bowes, in the County of York, to Barnard Castle, in the County of Durham, and from thence, through Staindrop, to Newgate, in Bishop Auckland, and from Newgate, along Gibb Chan, to Gaundless Bridge, and from thence by Melderston Gill, otherwise Coundon Gill, to the Turnpike Road near Sunderland Bridge, in the County of Durham"

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. Barroughs and Mr Allen

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

Persons to be naturalized, sworn.

John Foublanque, Peter Gaussen Junior, Gabriel Clarmont, and Dirk Cloes Lutkeman, took the Oaths appointed, in order to their Naturalization.

Andre's Nat Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Anthony André and David André"

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

Petition referred to Committee.

Ordered, That the Petition of the several Persons, desiring to be added to the said Bill, be referred to the said Committee.

Somergangs Common Pasture Ground enclosing, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing a large Open Common Pasture Ground, called Somergangs, otherwise Somergams, in the Parish of Drypool, in the County of York"

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 the 28th Instant, at the usual Time and Place, and to adjourn as they please.

Byng's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees, to be sold, and for applying the Money arising by such Sale, for the 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 Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Chetwynd, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Walter Chetwynd Esquire, 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 the Estates late of Henry Fleetwood Esquire, deceased, in the County of Lancaster, for raising Money to discharge the Encumbrances affecting the same, and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses of a former Settlement"

Visc Lanesboroughs Will exemplifying, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enroling the Will of George late Lord Viscount Lanesborough in the Kingdom of Ireland, and making the Exemplification thereof Evidence in all Courts in Great Britain and Ireland."

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

It was Resolved in the Affirmative.

Message to H C with it.

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

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

Adjourn.

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

DIE Lunæ, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E Exeter takes the Oaths.

Brownlowe Earl of Exeter took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Fleetwood's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of Henry Fleetwood Esquire, deceased, in the County of Lancaster, for raising Money, to discharge the Encumbrances affecting the same, and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled to the Uses of a former Settlement."

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 29th Instant, at the usual Time and Place, and to adjourn as they please.

E Gower and Ld Trenthams Bill.

The Lord Bishop of Rochester reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Granville Leveson Gower Esquire, commonly called Lord Viscount Trentham, to raise Portions for Younger Children, and also to explain and amend certain Powers for making Jointures, contained in the Settlement of the said Granville Lord Trentham on his Marriage with Elizabeth Fazakerley his late Wife, deceased," 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 then Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Navy Debt, State delivered.

The House being informed, "That a Person attended from the Navy-office."

He was called in; and, at the Bar, presented to the House, pursuant to their Lordships Address to His Majesty,

"An Estimate of the Debt of His Majesty's Navy, as it stood on the 31st December 1747."

And then he was directed to withdraw.

And the Title of the said Estimate being read by the Clerk.

Ordered, That the same do lie on the Table.

Carthew's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the County of Suffolk, late the Estate of Thomas Carthew Esquire, deceased, in his Executors, to enable them to convey the same, pursuant to Articles entered into for the Purchase thereof," 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 One Amendment thereunto"

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

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

André & al Nat Bill.

The same Lord reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anthony André and David André," was committed. That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and likewise considered the Petition to them referred; and had gone through the Bill, and made some Amendments thereunto"

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

Byng's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees, to be sold; and for applying the Money arising by such Sale, for the Purposes therein mentioned.

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

It was Resolved in the Affirmative.

E Gower and Ld Trentham's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower Granville Leveson Gower Esquire, commonly called Lord Viscount Trentham, to raise Portions for Younger Children, and also to explain and amend certain Powers for making Jointures, contained in the Settlement of the said Granville Lord Trentham on his Marriage with Elizabeth Fazakerley his late Wife, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Bennett and Mr. Edwards:

To carry down the Two last mentioned Bills, and desire their Concurrence to them.

Adjourn.

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

DIE Martis, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," to which they desire the Concurrence of this House.

Stratford and other Places furnishing with Water, Bill.

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

With a Bill, intituled, "An Act for empowering George Montgomerte and Thomas Byrd Esquires, and Ezra Patching, to compleat an Undertaking, for furnishing the Inhabitants of the several Parishes and Places of Stratford, Westham, Bow, Bromley, MileEnd, Stepney, and other Parishes and Places adjacent, with Water; and for better securing their Property in such Undertaking," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Trustees of Rugby School, Petition referred to Judges.

Upon reading the Petition of the Trustees for the Free School at Rugby, in the County of Warwick, founded by Lawrence Sheriff, late Citizen and Grocer of London, praying Leave to bring in a Bill, to enable the Petitioners to raise any Sum, not exceeding Eighteen Hundred Pounds, for purchasing a new-built House, proper for a School, and to make such Alterations as shall be thought necessary for the Good of the said School.

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

E Peterborow's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Peterborow, and of Lady Frances and Lady Mary Mordaunt his Daughters, by the Petitioner their Father, in respect of their Infancy and being under Age, praying Leave to bring in a Bill, to sell so much of certain Estates in Scotland as shall be sufficient to satisfy the Debts affecting the said Estates, and to lay out the Surplus arising thereby in the Purchase of other Lands more convemently situated.

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, with the usual Directions, according to the Standing Order.

Peerage of E. Stair, Notice to the Attorney General and Ld. Advocate.

The House being informed, "That the Committee for Privileges, to whom was referred the Petition of James Earl of Stair, claiming the Titles, Honours, and Dignities, of John late Earl of Stair, and also the Petition of William Earl of Dumfries, claiming the same Titles, have met, and appointed Thursday the 21st Day of April next to proceed on Consideration of the said Petitions."

Ordered, That Notice be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland, of the said Reference and Time of the Meeting of the said Committee.

Carthew's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, in the County of Suffolk, late the Estate of Thomas Carthew Esquire, deceased, in his Executors, to enable them to convey the same, pursuant to Articles entered into for the Purchase thereof."

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. Edwards

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

Lockhart against Dickson, Respondent peremptorily to answer.

The House was informed, "That David Dickson, Respondent to the Appeal of George Lockhart of Carnwath Esquire, had not put in his Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Pringle of the City of Fdinburgh, Writer to His Majesty's Signet, 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.

André, Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Anthony André and David André"

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

It was Resolved in the Affirmative.

Message to H. C with Amendments to it.

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

To carry down the said Bill, and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Persons omitting to take the Oaths to indemnify, Bill.

Hodie 2^a vice lecta est Billa, intituled, "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."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Martii, hora undecima Auroræ.

DIE Jovis, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Chandos takes the Oaths.

Henry Duke of Chandos took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

National Debt, State of, delivered.

The House being informed, "That Mr. Dawson, from the Exchequer, attended"

He was called in, and delivered, at the Bar, pursuant to their Lordships Address of the 22d of February last,

"A State of the National Debt, provided or unprovided for by Parliament."

And then he was directed to withdraw.

And the Title of the said State being read, by the Clerk.

Ordered, That the same do lie on the Table.

E Brooke's pet. referred to Judg.

Upon reading the Petition of Francis Earl Brooke, praying Leave to bring in a Bill, for vesting certain Estates, in the Petition mentioned, allotted to and enjoyed by the Petitioner in Severalty, in him and the Heirs of his Body, pursuant to the Will of Sir George Strode Knight, deceased, and a Partition of his Estate, directed by a Decree in Chancery:

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

E of Shelburne against Biddulph.

A Petition of Henry Biddulph Esquire, Respondent to the Appeal of Henry Earl of Shelburne in the Kingdom of Ireland and his Son, was presented, and read, praying, "In regard the Petitioner's Papers have but lately been transmitted hither, and are very long, that the Hearing of this Cause, which stands for Monday next, may be put off to the 4th Day of April next, or such other Time as to this House shall seem meet."

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

And being withdrawn.

Ordered, That the said Hearing be put off to the First Day for Causes after the Recess at Easter.

Lloyd & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Lloyd Esquire and others, praying Leave to bring in a Private Bill.

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Thomas Lloyd Esquire and Anne his Wife, in Trustees, to be sold, for discharging Encumbrances affecting the same, and for setting other Estates to the Uses in their Marriage Settlement."

Stratford and other Places, furnishing with Water, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for empowering George Montgomerie and Thomas Byrd Esquires, and Ezra Patching, to complete and Undertaking, for furnishing the Inhabitants of the several Parishes and Places of Stratford, Westham, Bow, Bromley, Mile-End, Stepney, and other Parishes and Places adjacent, with Water, and for better securing their Property in such Undertaking."

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.

Persons omitting to take the Oaths, to indemnify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "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."

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 Veneris, decimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

PRAYERS.

Lords take the Oaths.

John Duke of Rutland and Thomas Earl of Leicester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lloyd's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Estates of Thomas Lloyd Esquire and Ann his Wife in Trustees, to be sold, for discharging Encumbrances assecting the same, and for settling other Estates to the Uses of their Marriage Settlement"

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 Monday the 4th Day of April next, at the usual Time and Place, and to adjourn as they please.

Persons omitting to take the Oaths, to indemnify, Bill.

Hodie 3^a vice lecta est Billa, intituled, "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."

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 Bennett and Mr Edwards

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

Buckingham Assizes Bill.

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

With a Bill, intituled, "An Act for holding the Summer Assizes for the County of Buckingham at the County Town of Buckingham," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time on Wednesday next, the Lords to be summoned, and the Judges to attend.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

After some Time, the House was resumed.

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

Stratford and other Places, furnishing with Water, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for empowering George Montgomery and Thomas Byrd Esquires, and Ezra Petching, to complete an Undertaking, for furnishing the Inhabitants of the several Parishes and Places of Stratford, Westham, Bow, Bromley, MileEnd, Stepney, and other Parishes and Places adjacent, with Water, and for better securing their Property in such Undertaking," 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."

Adjourn.

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