Journal of the House of Lords Volume 27, 1746-1752. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 27: May 1749, 1-10', in Journal of the House of Lords Volume 27, 1746-1752( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol27/pp331-341 [accessed 23 December 2024].
'House of Lords Journal Volume 27: May 1749, 1-10', in Journal of the House of Lords Volume 27, 1746-1752( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol27/pp331-341.
"House of Lords Journal Volume 27: May 1749, 1-10". Journal of the House of Lords Volume 27, 1746-1752. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol27/pp331-341.
In this section
May 1749, 1-10
DIE Lunæ, 1o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Maxwell against E of Clanrickard.
The Answer of Smith Earl of Clanrickard, to the Appeal of John Maxwell Esquire, was brought in.
L Stawell takes the Oaths.
Edward Lord Stawell took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Whittlesey Fens draining, Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for the more effectual draining and preserving of several Fen Lands and Field Lands, in the Bounds and Precincts of Whittlesey, in the Isle of Ely, in the County of Cambridge," 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."
Gwyn's Bill.
The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Francis Gwyn Esquire, in the County of Devon, for raising Money, to discharge his Sisters Portions, and other Encumbrances affecting the same, and for other Purposes therein mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and made some Amendments thereunto"
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Post office Act, explaining, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act, made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for establishing a General Post-office for all Her Majesty's Dominions, and for settling a Weekly Sum, out of the Revenues thereof, for the Service of the War, and other Her Majesty's Occasions," as relates to Horses or Furniture to be let to Persons riding Post"
Ordered, That the said Bill be committed to a Committee of the whole House, To morrow.
Smith & al to sell Raymond's Estate, a Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the settled Estate of John Raymond, a Bankrupt, and for applying Part of the Money arising by such Sale as Part of the said Bankrupt's Estate, liable to Distribution amongst his Creditors, and for laying out the Residue in the Purchase of another Estate, to be settled as therein is mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Hue and Cry Bill.
A Message was brought from the House of Commons, by Mr Powrey and others.
With a Bill, intituled, "An Act for remedying Inconveniencies which may happen by Proceedings in Actions on the Statutes of Hue and City," to which they desire the Concurrence of this House.
Wisbech and March Roads, repairing, Bill.
A Message was brought from the House of Commons, by Mr Jennings and others.
With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Third Year of the Reign of His present Majesty, intituled, An Act for making a new Road, and for repairing and amending the ancient Road, between the Towns of Wisbech and March, in the Isle of Ely and County of Cambridge," to which they desire the Concurrence of this House.
Kingston Road repairing, Bill.
A Message was brought from the House of Commons, by Sir John Elwell and others.
With a Bill, intituled, "An Act for repairing and widening the Road leading from the Town of Kingston upon Thames, in the County of Surry, to a Place called Sheetbridge, near Petersfield, in the County of Southampton, and also the Road from Hindhead Heath, through Fernhurst Lane and Midhurst, to the City of Chichester, in the County of Sussex," to which they desire the Concurrence of this House.
The said Three last mentioned Bills were all read the First Time.
Bristol Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing Two Acts of Parliament, the one passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the several Roads leading from the City of Bristol, and the other passed in the Fourth Year of the Reign of His present Majesty, to explain and amend the said Act, and for making the said Acts more effectual, and also for repairing other Roads therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)
Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place, and to adjourn as they please.
Broad Blunsdon Common, enclosing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Broad Blunsdon, in the County of Wilts, and making the same more effectual for the Purposes therein mentioned"
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 Tuesday the 16th Instant, at the usual Time and Place, and to adjourn as they please.
Boweller's Nat Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Emanuel Bowler."
Ordered, That the said Bill be committed to the same Committee.
Their Lordships, or any Five of them, to meet To morrow, at the usual Place, and to adjourn as they please.
America, United Brethren settling there, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America."
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 made some Amendments thereunto, which he would be ready to report, when the House will please to receive the sam."
Ordered, That the said Report be received Tomorrow.
Navy Bills, &c discharging, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to charge the Sinking Fund with the Payment of Annuities, in Discharge of Navy, Victualing, and Transport Bills, and Ordnance Debentures, to the Amount therein mentioned."
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."
Smith & al. to sell Raymond's Estate, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the settled Estate of John Raymond, a Bankrupt and for applying Part of the Money arising by such Sale as Part of the said Bankrupt's Estate, liable to Distribution amongst his Creditors, and for laying out Residue in the Purchase of another Estate, to settled as therein is mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Gwyn's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Francis Gwyn Esquire, in the County of Devon, for raising Money, to discharge his Sisters Portions, and other Encumbrances affecting the same, and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H C with the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Bennet and Mr Elde
To carry down the Two last mentioned Bills, and desire their Concurrence to them.
Messages from thence, to return Hawksworth'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 the settled Estate of Walter Hawksworth Esquire, in the County of York, in him and his Heirs; and for settling the Manor of Hawksworth, in the same County, in Lieu thereof, to the like Uses," and to acquaint this House, that they have agreed to the same, without any Amendment.
and the late Bp of Salisbury's Charity Bill.
A Message was brought from the House of Commons, by Mr Andrew Mitchell and others.
To return the Bill, intituled, "An Act for applying Part of the Personal Estate of Gilbert late Lord Bishop of Salisbury, for the purchasing of Lands or Rents in Perpetuity, in Scotland, to be settled to several charitable Uses and Purposes in his Will mentioned," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.
The House proceeded to take into Consideration the said Amendments.
And the same, being read Thrice by the Clerk, were agreed to by the House.
And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Plunket against Wakeley & al.
The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein William Plunket Gentleman is Appellant, and Thomas Wakeley Esquire and others are Respondents"
Pleadings proved.
He was called in, and delivered, at the Bar, the said Copies, and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Bayly against Bayly & al. Pleadings proved.
In like Manner, another Person delivered in Copies of Proceedings, in the Cause wherein Fleming Bayly Gentleman is Appellant, and John Bayly and Thomas Fleming Esquires are Respondents, and made the same Attestation.
And withdrew.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 2o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Navy Bills, &c discharging, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to charge the Sinking Fund with the Payment of Annuities, in Discharge of Navy, Victualing, and Transport Bills, and Ordnance Debentures, to the Amount therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Whittlesey Fens, draining, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual draining and preserving of several Fen Lands and Field Lands, in the Bounds and Precincts of Whittlesey, in the Isle of Ely, in the County of Cambridge."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H C that the Lords have agreed to the preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr Bennet and Mr Elde
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Ross Roads, repairing, Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the several Roads leading into the Town of Ross, in the County of Hereford," 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"
Bristol Roads, Bill.
The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for continuing Two Acts of Parliament, the one, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the several Roads leading from the City of Bristol, and the other passed in the Fourth Year of the Reign of His present Majesty, to explain and amend the same Act, and for making the said Acts more effectual, and also for repairing other Roads therein mentioned," was committed.
Bowler's Nat Bill.
The Earl of Warwick made the same Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Emanuel Bowler," was committed.
Ordered, That the said Bill be engrossed.
Hue and Cry, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for remedying Inconveniencies which may happen by Proceedings in Actions on the Statutes of Hue and Cry."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Kingston Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Town of Kingston upon Thames, in the County of Surry, to a Place called Sheetbridge, near Petersfield, in the County of Southampton, and also the Road from Hindhead Heath, through Fernhurst Lane and Midhurst, to the City of Chichester, in the County of Sussex"
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.
America, United Brethren settling there, Bill.
The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Iratrum, or United Brethren, to settle in His Majesty's Colonies in America," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice by the Clerk, were agreed to by the House, and are as follow, (videlicet,)
"Press 2 Lines 29 and 30 Leave out ["any of His Majesty's Dominions in']
"L 30. Leave out ["Kingdom"], and insert ["Kingdoms"], and in the same Line, after ["Britain"], insert ["and"].
"L. 31 and 32. Leave out ["Dominion of Wales, or Town of Berwick upon Tweed"]
"P. 4 L. 10 Leave out the First ["the"], and insert ["some"], and in the same Line, after ["Bishop"], insert ["of the said Church"].
"L. 11. Leave out ["as"], and insert ["who"].
"L 12. Leave out from ["made"] to ["and"] in the 17th Line, and insert ["and shall be examined concerning the Matters contained in the said Certificate, and the due Execution thereof, and such Person so affirming to the best of his Knowledge and Belief in Manner herein before mentioned, or proving by the Testimony of other legal Witness, that the said Certificate was duly executed by such Bishop or Pastor, and also affirming that he is actually a Member of the said Church known by the Name of Unitas Fratrum, or United Brethren, shall be adjudged, deemed, and taken, to be actually a Member of the said Church or Congregation, and as such shall be entitled to the Benefit of this Act And be it further Enacted, That any Person who shall be lawfully convicted of having wilfully, falsely, and corruptly affirmed or declared, in Manner aforesaid, that such Certificate was duly executed, or that he is a Member of such Church, when in Fact such Affirmation is untrue, such Person so falsely affirming, and being duly convicted thereof, shall incur the same Pains and Penalties as by the Law and Statutes of this Realm are enacted against Persons convicted of wilful and corrupt Perjury"]."
Post office Act, explaining, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend so much of an Act made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for establishing a General Post-office for all Her Majesty's Dominions, and for settling a Weekly Sum, out of the Revenues thereof, for the Service of the War, and other Her Majesty's Occasions," as relates to Horses or Furniture to be let to Persons riding Post."
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."
New Street Road, South wark, repairing, Bill.
A Message was brought from the House of Commons, by Lieutenant General Onslow and others.
With a Bill, intituled, "An Act for opening and making a new Road, from the East End of New Street, in the Parish of Saint John, Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future," to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Maxwell against E of Clanrickard.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Maxwell Esquire is Appellant, and Smyth Earl of Clanrickard 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 those already appointed.
Respondents to Plunket's Appeal, peremptorily to answer.
The House was informed, "That Thomas Wakeley Esquire and others have not put in their Answer to the Appeal of William Plunket Gentleman, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by John Fitz Symons of the City of Dublin Yeoman, of the due Service of the said Order, being read.
Ordered, That the Respondents to the said Appeal do peremptorily put in their Answer thereunto in a Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 3o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Stewart against Heron.
The Answer of Christian Heron, to the Appeal of Agnes Stewart and John Hathorne, was brought in.
New Street Road, Southwark, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for opening and making a new Road, from the East End of New Street, in the Parish of Saint John, Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future."
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.
Bowler's Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Emanuel Bowler."
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 Allen
To carry down the said Bill, and desire their Concurrence thereunto.
America, United Brethren settling, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America"
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 acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Ross Roads repairing, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the several Roads leading into the Town of Ross, in the County of Hereford."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Bristol Roads, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing Two Acts of Parliament, the One, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the several Roads leading from the City of Bristol, and the other, passed in the Fourth Year of the Reign of His present Majesty, to explain and amend the same Act, and for making the said Acts more effectual, and also for repairing other Roads therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Post office Act explaining, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act made in the Ninth Year of the Reign of Queen Anne, intituled, "An Act for establishing a General Post-office for all Her Majesty's Dominions, and for settling a Weekly Sum, out of the Revenues thereof, for the Service of the War, and other Her Majesty's Occasions," as relates to Horses or Furniture to be let to Persons riding Post."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H C that the Lords have agreed to the 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.
Hue and Cry Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for remedying Inconveniencies which may happen by Proceedings in Actions on the Statutes of Hue and Cry."
After some Time, the House was resumed.
And the Lord Cadogan 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."
Kingston Road, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road leading from the Town of Kingston upon Thames, in the County of Surry, to a Place called Sheetbridge, near Petersfield, in the County of Southampton, and also the Road from Hindhead Heath, through Fernburst Lane and Midhurst, to the City of Chichester, in the County of Sussex," 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"
King's Ships, &c better Government, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next, and the Lords to be summoned.
Causes put off.
Ordered, That the Cause wherein Robert Blackwood Esquire is Appellant, and William Marshall Respondent, which stands to be heard To-morrow, be put off to Monday next, and the other Causes removed, to come on in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 4o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Lord Lymington a Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for selling the settled Estate of Catherine, commonly called Lady Lymington, for discharging several Debts and Encumbrances, and for other Purposes therein mentioned," was committed "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Kingston Road, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Road leading from the Town of Kingston upon Thames, in the County of Surry, to a Place called Sheetbridge, near Petersfield, in the County of Southampton, and also the Road from Hindhead Heath, through Fornhurst Lane and Midhurst, to the City of Chichester, in the County of Sussex"
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Hue and Cry, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for remedying Inconveniencies which may happen by Proceedings in Actions on the Statutes of Hue and Cry"
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H C with the Two preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
Durham Road repairing, Bill.
A Message was brought from the House of Commons, by Mr Bowes and others.
With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing the High Road leading from Boroughbridge, in the County of York, through North Allerton, in the same County, to Crost Bridge, on the River Tees, and from thence, through Darlington, in the County of Durham, to the City of Durham, and for making the same more effectual," to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C to return Viscount Vane's Bill.
A Message was brought from the House of Commons, by Mr. Bowes and others.
To return the Bill, intituled, "An Act for raising Money upon the settled Estate of William Lord Viscount Vane, for the Payment of his Debts," and to acquaint this House, that they have agreed to the same, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 5o Maii.
Domini tam spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Lord Lymingtons Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for selling the settled Estate of Catherine commonly called Lady Lymington, for discharging several Debts and Encumbrances, and for other Purposes therein mentioned"
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H C with it.
A Message was sent to the House of Commons, by Mr Sawyer and Mr. Montagu
To carry down the said Bill, and desire their Concurrence thereunto.
Message from thence, to return Williams of Stoke's Bill.
A Message was brought from the House of Commons, by Sir Cordell Firebrace and others.
To return the Bill, intituled, "An Act for selling the Manors, Advowson, Rectory, Woods, Lands, and Hereditaments, devised by the Will of Sir John Williams Knight, deceased, for the Purposes therein mentioned, and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof," and to acquaint this House, that they have agreed to the same, without any Amendment.
Glaston Rectory to Peterhouse College annexing, Bill.
The Lord Bishop of Peterborough presented to the House, pursuant to their Lordships Order of the 22d of March last, a Bill, intituled, "An Act for annexing the Rectory of Glaston, in the County of Rutland, to the Office of Master or Keeper of the House or College of Saint Peter, in the University of Cambridge."
And the same was read the First Time.
Durham Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing the High Road leading from Boroughbridge, in the County of York, through North Allerton, in the same County, to Crost Bridge, on the River Tees, and from thence, through Darlington, in the County of Durham, to the City of Durham, and for making the same more effectual."
Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)
Then Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place, and to adjourn as they please.
Kings Ships, &c better Government, Bill.
The House (according to Order) was put into a Committee upon the Bill, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces, by Sea"
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 made some Amendments thereunto, which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 8o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Plunket against Lord Athunry & al.
The joint and several Answer of Francis Lord Baron of Athunry and Thomas Wakeley Esquire, Two of the Respondents to the Appeal of William Plunket of Portmarnock in the County of Dublin Gentleman, was brought in.
Glaston Rectory annexing to Peter House College, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for annexing the Rectory of Glaston, in the County of Rutland, to the Office of Master or Keeper of the House or College of Saint Peter, in the University of Cambridge"
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 Wednesday next, at the usual Time and Place, and to adjourn as they please.
Durham Road, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing the High Road leading from Boroughbridge, in the County of York, through North Allerton, in the same County, to Croft Bridge, on the River Tees, and from thence, through Darlington, in the County of Durham, to the City of Durham, and for making the same more effectual," 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."
New Street, Southwark, Road, Bill.
The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for opening and making a new Road from the East End of New Street, in the Parish of Saint John, Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future," was committed.
America, United Brethren settling, Bill.
A Message was brought from the House of Commons, by Lieutenant General Oglethorpe and others.
To return the Bill, intituled, "An Act for encouraging the People known by the Name of Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America," and to acquaint this House, that they have agreed to then Lordships Amendments made thereto."
Wisbech and March Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Third Year of the Reign of His present Majesty, intituled, An Act for making a new Road, and for repairing and amending the ancient Road, between the Towns of Wisbech and March, in the Isle of Ely and County of Cambridge."
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 the same Day, at the same Place, and to adjourn as they please.
Kings Ships, &c better Government, Bill.
The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces, by Sea," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice by the Clerk, were agreed to by the House, and are as follow, (videlicet,)
"Press 17. Lines 24 & 25 Leave out these Words, ["the Regulating and better Government of His Majesty's Navies, Ships of War"], and instead thereof insert these Words, ["amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels"].
"P. 19. L. 31. After the Word ["passed"], insert these Words ["and in Cases where Sentence of Death shall be passed in any Squadron detached from any other Fleet or Squadron upon a separate Service, then such Sentence of Death (except in Cases of Mutiny) shall not be put in Execution but by Order of the Commander of the Fleet or Squadron from which such Detachment shall have been made, or of the Lord High Admiral or Commissioners for executing the Office of Lord High Admiral, and in Cases where Sentence of Death shall be passed in any Court Martial held by the Senior Officer of Five or more of His Majesty's Ships, which shall happen to meet together in Foreign Parts, pursuant to the Power herein before given, then such Sentence of Death (except in Cases of Mutiny) shall not be carried into Execution but by Order of the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral."]."
Blackwood against Marshall & al.
After hearing Counsel, upon the Petition and Appeal of Robert Blackwood of Pitreavie Esquire, Advocate, complaining of an Interlocutor of the Lord Ordinary, of the 22d of January 1747, and also of an Interlocutor of the Lords of Session in Scotland, of the 13th of November following, and likewise of an Interlocutor of the same Lords, of the 5th of January 1748, and also of another Interlocutor of the said Lords, of the 7th of June following, whereby they adhered to their former Interlocutor, and also of an Interlocutor of the said Lords, pronounced the next Day, and also of Three Interlocutors of the Lord Ordinary, of the 17th and 24th of the same Month, and 12th of July following, and likwise of an Interlocutor of the said Lords of Session, of the 23d of the same July, whereby they adhered to the Lord Ordinary's Interlocutors, and of Two Interlocutors of the Lord Ordinary, of the 1st and 22d of December last, all made on the Behalf of William Marshall Shopkeeper or Merchant in Glasgow, and Benjamin M'Kell Milner in Tillibody Miln; and praying, "That the same might be reversed, varied, or amended, and that this House would give the Appellant such other Relief as to then Lordships in their great Wisdom and Justice should seem meet" As also upon the joint and several Answer of the said William Marshall and Benjamin M'Kell put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.
Judgement, affirmed with Costs.
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 Interlocutors therein complained of be, and the same are hereby, affirmed And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of Sixty Pounds, for their Costs in respect of the said Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 9o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Plunket against Viscount Kingstand.
The Answer of Henry Lord Viscount Kingsland, to the Appeal of William Plunket Gentleman, was brought in.
King's Ships, &c better Government, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, explaining, and reducing into One Act of Parliament, the Laws relating to the Government of His Majesty's Ships, Vessels, and Forces by Sea."
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 Mr. Burroughs and Mr. Allen.
To acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.
Foreign Lace and Embrordery prohibiting, Bill.
A Message was brought from the House of Commons, by Sir William Yonge and others.
With a Bill, intituled, "An Act for the more effectual preventing the Importation and Wear of Foreign Embroidery and Brocade, and of Gold and Silver Thread, Lace, or other Work made of Gold or Silver Wire, manufactured in Foreign Parts," to which they desire the Concurrence of this House.
Ramsgate Harbour enlarging, &c. Bill.
A Message was brought from the House of Commons, by Mr. Alderman Bethell and others.
With a Bill, intituled, "An Act for enlarging and maintaining the Harbour of Ramsgate, and for cleansing, amending, and preserving, the Haven of Sandwich," to which they desire the Concurrence of this House.
The said Bills were both read the First Time.
New Street, Southwark, Road, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for opening and making a new Road, from the East End of New Street, in the Parish of Saint John, Southwark, to and through the several Places therein mentioned, and for keeping the said Road in Repair for the future."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Durham Road, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Eighteenth Year of the Reign of His present Majesty, for repairing the High Road leading from Boroughbridge, in the County of York, through North Allerton, in the same County, to Croft Bridge, on the River Tees, and from thence, through Darlington, in the County of Durham, to the City of Durham, and for making the same more effectual."
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 Two 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 Two last mentioned Bills, without any Amendment.
Plunket against Wakeley & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Plunket Gentleman is Appellant, and Thomas Wakeley Esquire and others are Respondents"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 10o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt.
PRAYERS.
Glaston Rectory annexing to Peter House, Bill.
The Lord Bishop of Ely reported from the Lords Committees to whom the Bill, intituled, "An Act for annexing the Rectory of Glaston, in the County of Rutland, to the Office of Master or Keeper of the House or College of Saint Peter, in the University of Cambridge," 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.
Wisbech and March Road, Bill.
His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Third Year of the Reign of His present Majesty, intituled, "An Act for making a new Road, and for repairing and amending the ancient Road, between the Towns of Wisbech and March," was committed.
Foreign Lace and Embroidery prohibiting, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing the Importation and Wear of Foreign Embroidery and Brocade, and of Gold and Silver Thread, Lace, or other Work made of Gold and Silver Wire, manufactured in Foreign Parts."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.
Ramsgate Harbour, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging and maintaining the Harbour of Ramsgate, and for cleansing, amending, and preserving, the Haven of Sandwich."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next."
Sir Ludovick Grant & al. against Sutherland & al.
After hearing Counsel in Part, upon the Petition and Appeal of Sir Ludovick Grant Baronet and others, complaining of several Interlocutors, as well of the Lord Ordinary as Lords of Session in Scotland, to which James Sutherland and Daniel Forbes Writer in Edinburgh are Respondents.
It is Ordered, That the further hearing of this Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.