Pages 264-274
Journal of the House of Lords Volume 30, 1760-1764. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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In this section
May 1762, 11-20
DIE Martis, 11o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Portland takes his Seat.
This Day William Henry Duke of Portland sat first in Parliament, after the Death of his Father William Duke of Portland; his Grace, together with George Dunk Earl of Halifax, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Message from H. C. to return the Liverpoole Harbour Bill.
A Messuage was brought from the House of Commons, by Sir Ellis Cunliffe and others:
To return the Bill, intituled, "An Act to enlarge the Term and Powers granted by an Act passed in the Eleventh Year of the Reign of His late Majesty, for continuing several Acts relating to the Harbour of Liverpool; and for enlarging the said Harbour, by making an additional Dock, and building a Pier in the open Harbour there; and for enlightening the said Dock; and for making another Dock, with proper Piers, in the said Harbour; and for erecting Lighthouses, and other proper Lights, in or near the Port of Liverpool;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Whitehaven Harbour and Road, Bill.
A Message was brought from the House of Commons, by Mr. Jenkinson and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers of several Acts of Parliament, relating to the Harbour of Whitehaven, in the County of Cumberland, and to the Roads leading to the said Harbour and Town of Whitehaven; and for further enlarging the said Harbour; and for lighting the said Town, and supplying the same with Water; and for regulating the Carmen there; and for repealing so much of an Act of the Twenty-third Year of the Reign of His late Majesty as relates to the Road from Calder Bridge to Egremont, and directing how the said Road shall be repaired; and for repairing several other Roads therein mentioned, in the said County;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Messages from H. C. to return L. Winterton's Bill:
A Message was brought from the House of Commons, by Mr. Chaplin and others:
To return the Bill, intituled, "An Act for explaining and amending the Marriage Settlement of Edward Lord Winterton in the Kingdom of Ireland, by empowering him to sell Part of the Estates, in the Counties of Sussex, Surrey, and Norfolk, therein comprised; and for laying out the Monies arising by such Sale in the Purchase of other Estates, of equal or greater Value, to be settled to the Uses of the said Marriage Settlement; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Ord's Bill.
A Message was brought from the House of Commons, by Mr. Wilbraham Bootle and others:
To return the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, in the Parish of Igborough in the County of Norfolk, Part of the settled Estate late of Henry Ord Esquire, deceased, in Trustees, to convey the same to James Nelthorpe Esquire and his Heirs; and to lay out the Money to be paid for the same in the Purchase of other Lands and Hereditaments, to be settled to the Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Message from the King:
The Lord Chancellor acquainted the House, "That His Majesty had commanded him to deliver a Message to this House, under His Royal Sign Manual."
Which his Lordship read, and is as follows; (videlicet,)
"GEORGE R.
"His Majesty, relying on the known Zeal and Affection of the House of Lords, and considering that, in this Conjuncture, Emergencies may arise, which may be of the utmost Importance, and be attended with the most pernicious Consequences, if proper Means should not immediately be applied to prevent or defeat them; and His Majesty, also taking into His most serious Consideration the imminent Danger with which the Kingdom of Portugal, an ancient and natural Ally of his Crown, is threatened by the Powers now in open War with His Majesty, and of what Importance the Preservation of that Kingdom is to the Commercial Interests of this County, is desirous of the Concurrence and Support of the House of Lords, in taking all such Measures as may be necessary to disappoint or defeat any Enterprizes or Designs of His Enemies against His Majesty or His Allies, and as the Exigency of Affairs may require.
"G. R."
Address thereupon.
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and to express our dutiful and grateful Acknowledgements of His Majesty's Paternal Care and Foresight, to be prepared against any Emergencies whatsoever, that in the present Posture of Affairs may happen to arise.
"To declare our just Sense of His Majesty's Royal Wisdom, in shewing so great Attention and Concern for the critical Situation of the Kingdom of Portugal, an ancient and natural Ally of the Crown of Great Britain, and for the Dangers with which it is now threatened by His Majesty's Enemies; and to give His Majesty the strongest Assurances, that this House will zealously and chearfully support Him, in taking all such Measures as may conduce most effectually to frustrate and defeat any Enterprizes or Designs of His Enemies against His Majesty or His Allies, and as the Exigency of Affairs may require."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Leicester, Warwick, &c. Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, several Roads therein mentioned, lying in the Counties of Leicester and Warwick, and in the County of the City of Coventry."
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. Graves:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Sedbergh, &c. Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Kirkby Steven High Lane Head in the County of Westmorland, through Sedbergh, to Greeta Bridge in the County Palatine of Lancaster; and from Bracken Bar Gate near Askrigg in the County of York, through Sedbergh, to Kirkby Kendal; and also the Road from The Four Lane Ends in Marthwaite to the Turnpike Road on Grayrigg Hause, leading from Appleby to Kirkby Kendal in the said County of Westmorland."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Adjourns.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 12o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
L. Montagu introduced:
John Montagu Esquire, commonly called Lord Brudenell, Eldest Son of George Earl of Cardigan, being, by Letters Patent bearing Date the 8th Day of May [ (fn. 1) in the Second Year of His present Majesty], created Baron Montagu of Boughton in the County of Northampton, was this Day (in his Robes) introduced, between the Lord Masham and the Lord Edgecumbe (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Deputy Earl Marshal of England, and the Lord Great Chamberlain, preceding.
His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read at the Table.
His Writ of Summons was also read, as follows; (videlicet,)
DIE Jovis, 13o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. of Bucks & al against Ly. Drury.
Counsel were called in, to be heard, in the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow is Respondent.
And the Counsel for the Appellants having been fully heard:
The Counsel on both Sides were directed to withdraw.
Ordered, That the further Hearing of the said Cause be adjourned till To-morrow, and that the Counsel be called in at Twelve o'Clock; and that the Judges do then attend.
Fen Lands in Lincolnshire, for draining, &c. Bill; King's Consent signified.
The Lord Great Chamberlain informed the House, "That the Lord Hay, Chancellor of the Dutchy of Lancaster, being so much indisposed as not to be able to attend, had desired him to acquaint their Lordships, That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act for draining and preserving certain Low Grounds called The Fens, lying on both Sides of the River Witham in the County of Lincoln, and for restoring and maintaining the Navigation of the said River, from The High Bridge in the City of Lincoln, through the Borough of Boston, to the Sea," was pleased to consent (as far as His Majesty's Interest is concerned) that their Lordships may proceed therein as they shall think fit."
Then the said Bill was read the Second Time.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Cheslyn against Creswell & al.
Upon reading the Petition and Appeal of Richard Cheslyn and Edward Cheslyn; complaining of Part of a Decree, or Order, of the Court of Chancery, pronounced the 8th Day of March last, but not entered till the First Day of this Instant May; and praying, "That the same may be reversed; or that the Appellants may have such other Relief as to this House in their Lordships great Wisdom shall seem meet; and that Henry Cresswell and Sarah his Wife, Charlotte Cresswell, Richard Cheslyn Cresswell, and Peter Courtney Cheslyn, may be required to answer the said Appeal:"
It is Ordered, That the said Henry Cresswell and Sarah his Wife, Charlotte Cresswell, Richard Cheslyn Cresswell, and Peter Courtney Cheslyn, may have a Copy of the said Appeal; and do put in (fn. 2) their Answer or respective Answers thereunto, in Writing, on or before Thursday the 27th Day of this Instant May.
Sedbergh, &c. Road, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from Kirkby Steven High Lane Head, in the County of Westmorland, through Sedbergh, to Greeta Bridge in the County Palatine of Lancaster; and from Bracken Bar Gate near Askrigg in the County of York, through Sedbergh, to Kirby Kendal, and also the Road from the Four Lane Ends in Marthwaite to the Turnpike Road on Grayrigg Hause, leading from Appleby to Kirkby Kendal in the said County of Westmorland," 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."
Westminster Streets, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for paving, cleansing, and lighting the Squares, Streets, and Lanes, within the City and Liberty of Westminster, the Parishes of Saint Giles in the Fields, Saint George the Martyr, Saint George Bloomsbury, that Part of the Parish of Saint Andrew Holbourn which lies in the County of Middlesex, the several Liberties of The Rolls and Savoy, and that Part of the Dutchy of Lancaster which lies in the County of Middlesex; and for preventing Annoyances therein; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Clapham's Estate to vest in Trustees, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Estates in the Parish of Saint Botolph Billingsgate London, late the Estate of William Clapham Gentleman, in Trustees, for the Uses and Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Cockermouth, &c. Roads, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for widening, repairing, and amending, the Road from Hesket, by Yewes Bridge, to Cockermouth, and from thence, by Lorton, over Whinlatter, to Keswick in the County of Cumberland, and from Keswick, by Dummail Rays and Ambleside, to Kirby in Kendal in the County of Westmorland, and from Plumbgarth's Cross near Kirby in Kendal aforesaid to the Lake called Windermere in the County of Westmorland, and from Keswick aforesaid to the Town of Penrith in the County of Cumberland."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Loughborough Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to continue and render more effectual an Act passed in the Thirtieth Year of the Reign of His late Majesty, for amending, widening, and keeping in Repair, the Road leading from Burleigh Bridge in the Town of Loughborough, to Ashby de la Zouch in the County of Leicester; and for repairing and widening the Road branching out of the said Road at Coleorton Church, over Coleorton Moor, and through Worthington and Sutton Bonington, to Rempston in the Counties of Leicester and Nottingham."
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 Four preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. Harris:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
V. Wentworth introduced:
Edward Lord Wentworth of Nettlested being, by Letters Patent, bearing Date the Fifth Day of May in the Second Year of His present Majesty, created Viscount Wentworth of Wellsborough in the County of Leicester, was, this Day (in his Robes), introduced, between the Lord Viscount Hereford and the Lord Viscount Folkestone (also in their Robes); the Yeoman Usher of this House (in the Absence of the Black Rod) Garter King at Arms and the Lord Great Chamberlain preceding.
His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows; videlicet,
His Writ of Summons.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Well-beloved Cousin Edward Viscount Wentworth, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Fifth Day of May, in the Second Year of Our Reign."
"Yorke and Yorke."
Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.
Ld. Bingley introduced:
George Lane Esquire being, by Letters Patent, bearing Date the 13th Day of May in the Second Year of His present Majesty, created Baron of Bingley in the County of York, was, this Day (in his Robes) introduced, between the Lord Berkeley of Stratton and the Lord Sandys (also in their Robes); the Yeoman Usher of this House, Garter King at Arms, and the Lord Great Chamberlain, preceding.
His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack, who delivered it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows; (videlicet,)
His Writ of Summons.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved George Lane of Bingley Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
Witness Ourself, at Westminster, the Thirteenth Day of May, in the Second Year of Our Reign.
Yorke & Yorke."
Then His Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.
E. of Bucks & al. against Ly. Drury.
Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow is Respondent.
And the Respondent's Counsel having been fully heard:
The Counsel on both Sides were directed to withdraw.
Ordered, That the further Hearing of the said Cause be adjourned till Monday next.
Fen Lands in Lincolnshire, for draining, &c. Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for draining and preserving certain Low Lands called The Fens, lying on both Sides of the River Witham in the County of Lincoln; and for restoring and maintaining the Navigation of the said River, from The High Bridge in the City of Lincoln, through the Borough of Boston, to the Sea," 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."
Wintringham Enclosure, Bill.
The Lord Willoughby of Parham also reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing several Open Fields and Commonable Lands, within the Manor and Parish of Wintringham, in the County of Lincoln," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Sedbergh, &c. Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Kirkby Steven High Lane Head in the County of Westmorland, through Sedbergh, to Greeta Bridge in the County Palatine of Lancaster, and from Bracken Bar Gate near Askrigg in the County of York, through Sedbergh, to Kirby Kendal, and also the Road from the Four Lane Ends in Marthwaite to the Turnpike Road on Grayrigg Hause, leading from Appleby to Kirby Kendal in the said County of Westmorland."
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. Browning and Mr. Graves:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of His Majesty's Commission.
Ld Beaulieu introduced:
Sir Edward Montagu Knight of the Bath, being, by Letters Patent, bearing Date the 11th Day of May, in the Second Year of his present Majesty, created Baron Beaulieu of Beaulieu in the County of Southampton, was this Day (in his Robes) introduced, between the Lord Ducie and the Lord Ravensworth (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain, preceding.
His Lordship, on his Knee, presented his Patent to the Speaker, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows; videlicet,
His Writ of Summons.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved Edward Montagu of Beaulieu Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Eleventh Day of May, in the Second Year of Our Reign.
"Yorke & Yorke."
Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place on the Barons Bench.
Ld. Vernon introduced.
George Venables Vernon Esquire being, by Letters Patent, bearing Date the 12th Day of May in the Second Year of His present Majesty, created Lord Vernon Baron of Kinderton in the County of Chester, was this Day (in his Robes) introduced, between the Lord Sandys and the Lord Boston (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain, preceding.
His Lordship, on his Knee, presented his Patent to the Speaker; who delivered it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows; (videlicet,)
His Writ of Summons.
"George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Well-beloved George Venables Vernon of Kinderton Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at Our aforesaid Parliaament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice. And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom, and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Twelfth Day of May, in the Second Year of Our Reign.
"Yorke & Yorke."
Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed in his due Place on the Barons Bench.
E. of Bucks & al. against Ly. Drury.
Ordered, That the further Hearing of the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury is Respondent, which stands adjourned till this Day, be further adjourned till Thursday next.
Fen Lands in Lincolnshire, for draining, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for draining and preserving certain Low Lands called The Fens, lying on both Sides of the River Witham, in the County of Lincoln; and for restoring and maintaining the Navigation of the said River from The High Bridge in the City of Lincoln, through the Borough of Boston, to the Sea."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Wintringham Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing and dividing several Open Fields and Commonable Lands, within the Manor and Parish of Wintringham, in the County of Lincoln."
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 Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Lane and Mr. Holford:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Whitehaven Harbour, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of several Acts of Parliament, relating to the Harbour of Whitehaven in the County of Cumberland, and to the Roads leading to the said Harbour and Town of Whitehaven, and for further enlarging the said Harbour; and for lighting the said Town, and supplying the same with Water; and for regulating the Carmen there; and for repealing so much of an Act of the Twenty-third Year of the Reign of His late Majesty as relates to the Road from Calder Bridge to Egremont, and directing how the said Road should be repaired; and for repairing several other Roads, therein mentioned, in the said County."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Adjourn.
Dominus Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Litch. & Cov. Epus. Bristol. Epus. Carliol. |
Comes Marchmont. Comes Ilchester. |
Ds. Willoughby Par. Ds. Delamer. Ds. Sandys. Ds. Mansfield. Ds. Boston. |
PRAYERS.
The Lord Mansfield sat Speaker.
Whitehaven Harbour and Roads, Bill.
The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers of several Acts of Parliament, relating to the Harbour of Whitehaven in the County of Cumberland, and to the Roads leading to the said Harbour and Town of Whitehaven; and for further enlarging the said Harbour; and for lighting the said Town, and supplying the same with Water; and for regulating the Carmen there; and for repealing so much of an Act of the Twenty-third Year of the Reign of His late Majesty as relates to the Road from Calder Bridge to Egremont, and directing how the said Road shall be repaired; and for repairing several other Roads therein mentioned in the said County," 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."
Obstructions at the Entry leading to the House, Report from the Committee concerning.
The Lord Willoughby of Parham reported from the Lords Committees appointed to take into Consideration the Roll of Standing Orders, and to whom it was referred also to consider the Inconveniencies attending the Lords, from Obstructions in the Streets, Passages, and Avenues, to the House: "That they have again met, and taken into further Consideration that Part of the Matter to them referred, relating to Obstructions in the Streets, Passages, and Avenues to the House; and, in order to prevent as far as possible those Inconveniencies which attend the Lords in getting to their Coaches, are of Opinion, that the Knight Marshal's Men appointed to attend this House be ordered to take Care, that no Coachman stop near the Foot of the Stairs leading thereto longer than to set down his Lord or Master, but immediately remove to the other Side of The Palace Yard, or towards Abingdon Street; and that no Coach or Carriage, other than that of the Lord Chancellor, Lord Keeper, or Speaker of this House, be permitted to stand near the said Entry fronting towards Abingdon Street on any Pretence whatsoever; and that the Knight Marshal be served with a Copy of the said Order, to the Intent it may be strictly observed, as the contrary will be answered to this House."
Which Report, being read Twice by the Clerk, was agreed to by the House; and ordered accordingly.
Standing Orders concerning Bills for selling Lands in
one Place and buying them in another, further Report concerning; and Order thereupon.
The Lord Willoughby of Parham also reported from the Lords Committees appointed to take into Conside ration the Roll of Standing Orders; and to report from Time to Time what they shall think proper thereupon: "That the Committee have again met, and taken into Consideration the Standing Order of this House, of the 16th of February 1705, No 100 upon the Roll, which directs, "That where a Bill is brought in, to empower any Person to sell or dispose of Lands in one Place, and buy or settle Lands in another, the Committee to whom such Bill shall be referred do take Care that the Values be fully made out, and that there be an Agreement for the Purchase; and also do take Care in the Bill, that the Purchase be effectually made and settled, as desired in such Bill:" And, the said Order having been found in many Instances impracticable, they have prepared an Order, which they think proper to be substituted instead of the said Standing Order."
And the same, being read Twice by the Clerk, was agreed to by the House; and is as follows; (videlicet,)
"Ordered, That where a Bill is brought in, to empower any Person to sell or dispose of Lands in one Place, and to buy or settle Lands in another Place, the Committee to whom such Bill shall be referred do take Care that the Values be fully made out; and, if the Bill shall not be for making a new Purchase, but only for settling other Lands in Lieu of those to be sold, in that Case Provision shall be made in the Bill, that such other Lands be settled accordingly; but, if the Bill shall be to purchase and settle other Lands, in that Case the Committee are to take Care that there be a binding Agreement produced for such new Purchase; or, if it shall be made appear to the Committee, that such Agreement cannot then be made, or that such Purchase cannot then be made and settled as desired by the Bill, and the Committee shall be satisfied with the Reasons alleged for either of those Purposes, in either of those Cases, Provision shall be made in the Bill, that so much of the Money arising by Sale of the Lands directed to be sold, as is to be laid out in a new Purchase, shall be paid by the Purchaser or Purchasers into the Bank of England, in the Name, and with the Privity, of the Accomptant General of the High Court of Chancery, to be placed to his Accompt there, ex Parte, the Purchaser so paying it in [naming him] pursuant to the Method prescribed by the Act of the 12th Year of King George the First, Chap. the 32d, and the general Orders of the said Court, and without Fee or Reward, according to the Act of the 12th Year of King George the Second, Chap. the 24th, and shall there remain until a proper Purchase or Purchasers be found and approved as shall be directed by such Bill, and until such Money shall, upon a Petition, setting forth such Approbation, to be preferred to the Court of Chancery, in a summary Way, at the Expense of the Persons to be named in the Bill, be ordered to be paid out of the Bank, for the completing such Purchase, in such Manner as the said Court shall think just, and shall direct."
Ordered, That the Standing Order above-mentioned be vacated and made void; and that the said Order now reported from the Committee, and agreed to by the House, be substituted instead thereof, and declared to be a Standing Order; and that it be entered on the Roll of Standing Orders; and printed and published, to the End that all Persons concerned may the better take Notice of the same.
Writs of Error brought in:
The Lord Mansfield, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered Four Writs of Error:
In the First of which,
Vanderheyden against Dawes & al.;
Dirk Vanderheyden is Plaintiff, and Thomas Dawes and John Fisher are Defendants:
In the Second,
Dunbar against Wilson;
John Dunbar is Plaintiff, and Robert Wilson Defendant:
In the Third,
Scandret against Wilson;
Christopher Scandret is Plaintiff, and the said Robert Wilson Defendant:
And in the Fourth,
Goble against Wilson;
Martin Goble is Plaintiff, and the said Robert Wilson Defendant:
the Plaintiffs to assign Errors in Three Days.
Ordered, That the said Plaintiffs in the said several Writs of Error do assign Errors thereupon, on or before Saturday next.
Cosham to Chichester. Road, Bill.
Ordered, That the Committee to whom the Bill, intituled, "An Act for repairing and widening the Road from Cosham in the County of Southampton to the City of Chichester," stands committed, be revived; and meet To-morrow.
Adjourn.
Dominus Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker.
Grace against Egan.
The joint and several Answer of Terence Egan, Richard Ford, and others, Respondents to the Appeal of George Grace Esquire, was brought in.
Messages from H. C. to return Carew's Bill:
A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:
To return the Bill, intituled, "An Act for Sale of Part of the settled Estate of Thomas Carew of Crowcombe in the County of Somerset Esquire; and for settling other Lands and Hereditaments, of greater Value, in Lieu thereof, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and the M. of Granby's Bill.
A Message was brought from the House of Commons, by Mr. Northey and others:
To return the Bill, intituled, "An Act for confirming a Partition of so many of the Estates of Charles late Duke of Somerset, deceased, as were by him settled and devised to the Use of Frances late Marchioness of Granby and of Charlotte Countess of Aylesford his Two Daughters, and their Issue, in strict Settlement, with several Remainders over; and for vesting and settling the entire Premises to the several Uses therein mentioned; and for the several other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Forts and Batteries, Bill.
A Message was brought from the House of Commons, by Mr. Cocks and others:
With a Bill, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, upon the Sea Coasts, in the Counties of Kent, Sussex, and Southampton, on which Forts and Batteries have been erected for the Defence of the said Coasts, in Trustees, for certain Uses; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.
Message from H. C. to return the Bill for Loraine to take the Name of Smith.
A Message was brought from the House of Commons, by Sir Walter Blackett and others:
To return the Bill, intituled, "An Act to enable Charles Smith, an Infant, lately called Charles Loraine, and his Heirs, to take and use the Surname of Smith, pursuant to the Will of Richard Smith Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Waggons with 2½ Inch Wheels, Bill.
A Message was brought from the House of Commons, by Mr. Onslow and others:
With a Bill, intituled, "An Act for repealing so much of an Act made in the Fifth Year of His Majesty King George the First, as restrains Waggons travelling for Hire with Wheels of a less Breadth than Two Inches and an Half from being drawn with more than Three Horses;" to which they desire the Concurrence of this House.
E. of Bucks & al. against Ly. Drury:
Counsel (according to Order) were called in, to be further heard, in the Cause wherein John Earl of Buckinghamshire and others are Appellants, and Dame Martha Drury Widow is Respondent.
And One Counsel for the Appellants having been heard in Reply:
The Counsel were all directed to withdraw.
Then it was proposed, "To ask the Opinion of the Judges, as to a Point of Law."
Accordingly the Judges present were directed to deliver their Opinions to the House, upon the following Question; (videlicet,)
Question to the Judges.
"Whether a Woman, married under the Age of Twenty-one Years, having before such Marriage a Jointure made to her in Bar of her Dower, is thereby bound and barred of Dower, within the Statute 27o Hen. VIII. Cap. 10?"
Whereupon the Judges desiring that some Time might be allowed them for that Purpose:
Ordered, That the further Consideration of the said Cause be adjourned till Tuesday next, at Twelve o'Clock; and that the Judges do then deliver their Opinion upon the said Question.
Report of the Conference on Kingston upon Hull Streets, Bill;
Whereas To-morrow is appointed, for taking into Consideration the Report of the Conference had with the Commons, upon the 10th of this Instant, on the Subject-matter of the Amendments made by this House to the Bill, intituled, "An Act to amend and render more effectual several Acts made for cleansing and enlightening the Streets of the Town of Kingston upon Hull, and for preventing Annoyances therein:"
Consideration of it put off.
It is Ordered, That the said Report be taken into Consideration on Monday next.
Messages from H. C. to return the D. of Beaufort's Bill;
A Message was brought from the House of Commons, by Mr. Norborne Berkeley and others:
To return the Bill, intituled, "An Act for repealing Part, and explaining and amending other Parts, of an Act made in the Thirty-second Year of the Reign of His late Majesty King George the Second, intituled, An Act for vesting Part of the Estates entailed by the Will of the most Noble Charles Noel Duke of Beaufort, deceased, in Trustees, to be sold; and for purchasing other Estates, to be settled to the like Uses; and for empowering the Guardian and Trustees named in the said Will to make Leases of the said Duke's Estates in the Counties of Gloucester, Wilts, Hants, Devon, Dorset, Glamorgan, and Brecon, during the Minority of his Children;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and the E. of Harrington's Bill.
A Message was brought from the House of Commons, by Mr. Norborne Berkeley and others:
To return the Bill, intituled, "An Act for rectifying a Mistake in the Name of One of the Trustees in the Settlement made upon the Marriage of the Right Honourable William Earl of Harrington with the Right Honourable Carolina Countess of Harrington his Wife;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Cosham to Chichester Road, Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Cosham in the County of Southampton, to the City of Chichester," 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."
Whitehaven Harbour, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers of several Acts of Parliament, relating to the Harbour of Whitehaven in the County of Cumberland, and to the Roads leading to the said Harbour and Town of Whitehaven; and for further enlarging the said Harbour; and for lighting the said Town, and supplying the same with Water; and for regulating the Carmen there; and for repealing so much of an Act of the Twenty-third Year of the Reign of His late Majesty, as relates to the Road from Calder Bridge to Egremont, and directing how the said Road shall be repaired; and for repairing several other Roads therein mentioned, in the said County."
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. Holford and Mr. Harris:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Message from thence, to return Weller's Bill.
A Message was brought from the House of Commons, by Mr. Wilbraham Bootle and others:
To return the Bill, intituled, "An Act for vesting the settled Estate of John Weller Esquire, deceased, lying in the Counties of Kent and Chester, in Trustees, to be sold, to pay off Encumbrances affecting the same; and to lay out the Surplus of the Money arising by such Sale (if any) in the Purchase of other Lands, to be settled to the Uses of the Will of the said John Weller;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.
Adjourn.
Dominus Mansfield, Prim. Justiciarius Banci Regii, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.