House of Lords Journal Volume 20: 16 January 1718

DIE Jovis, 16 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Thurston's Petition referred to Judges.

Upon reading the Petition of Joseph, Thomas, Mary, and Anne Thurston, Infants, the Children of Joseph Thurston, late of Little Wenham, in the County of Suffolk, Esquire, deceased, and of Mary Thurston Widow, Relict and Executrix of the said Joseph Thurston deceased, and Mother and Guardian of the said Infants; praying, "That Leave may be given to bring in a Bill, for vesting Estates, in the Petition mentioned, in Trustees, upon Trust to sell such Parts of them as they think most convenient, for Payment of the Debts and Incumbrances which may affect the same; and to settle the Residue in due Proportion, for the Benefit of the said Infants."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Mountague and Mr. Baron Fortescue; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Reports from the Commissioners of Inquiry delivered.

The House being informed, "That some Persons from the Commissioners of Inquiry, appointed to execute the several Trusts and Powers contained in a late Act of Parliament, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public," were attending at the Door:"

They were called in; and presented, at the Bar, "The Report of such of the Commissioners of Inquiry as have been appointed to execute the several Trusts and Powers, in relation to England, and any other Parts whatsoever except Scotland, contained in the said Act."

And also,

An additional Report from the Commissioners appointed to inquire of the Estates of certain Traitors, &c. in that Part of Great Britain called Scotland."

And then they withdrew.

And the Titles of the said Reports were read.

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

E. Clarricard versus Bourke.

Ordered, That the Cause wherein the Earl of Clanriccard and the Lord Dunkellin his Son are Appellants, and Thomas Bourke Esquire and the Countess Dowager of Clanriccard his Wife are Respondents, which was appointed to be heard on the First Day of Sitting after the late Recess, be heard on Monday next; and that the other several Causes, which were appointed for hearing as this Week, be heard on the same Days next Week.

Hamilton versus Boswell.

Ordered also, That the Cause wherein George Hamilton an Infant, and William Hamilton of Grange Esquire, his Guardian, are Appellants, and Captain George Boswell Respondent, which was appointed to be heard on Wednesday next, be heard on Wednesday the Twentyninth Day of this Infant January.

Hamilton versus Darcy.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Darcy Hamilton Esquire is Appellant, and Hyacinthus Darcy Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twentyeighth Day of this Instant January, at Eleven a Clock.

Bertie's Petition referred to Judges.

Upon reading the Petition of the Honourable James Bertie Esquire, Willoughby Bertie Esquire his Eldest Son, and Edward Bertie his Second Son, and also of William, John, Henry, and Bridget Bertie, the Four Younger Children, Infants, by the said James Bertie their Father and Guardian; praying, "That Leave may be given to bring in a Bill, to enable the Petitioner James Bertie to raise Portions for his Younger Children in his Life-time; and that he may execute the Powers of appointing the same, in such Manner as he and his late Wife might have done, by Virtue of the Settlement in the Petition mentioned:"

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. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

O'Hara versus O'Neal.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles O'Hara Esquire is Appellant, and Tully O'Neile Gentleman Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Thirtyfirst Day of this Instant January, at Eleven a Clock.

Annesley versus Sherlock; complaining of Proceedings in Ireland; referred to a Committee.

A Petition of Maurice Annesley Esquire, was presented to the House, and read; setting forth, "That, though the Petitioner caused Hester Sherlock Widow, to be regularly served with the Order of this House, made last Session of Parliament, for answering his Appeal, complaining of a Judgement or Decree of the House of Lords in Ireland; yet she hath not to this Day put in any Answer; but, instead thereof, on the Ninth of September last, preferred a Petition to the House of Lords in Ireland, setting forth the same; and "that she was advised no Proceeding ought to be made, or attempted to be made, before any Court of Judicature, to avoid the Judgement and Decree of that House; and prayed Relief;" whose Lordships, after coming to several Resolutions touching their own Jurisdiction and Privileges, resolved, "That they would give her effectual Relief, pursuant to their own Order;" and accordingly, on the Fourth of October last, made an Order to the then High Sheriff of the County of Kildare, to put her into Possession of certain Lands of the Petitioner's, till such Time as she should receive £. 1507. 14s. 8¼ d; into which Possession she was put accordingly, and still holds the same; and that the Petitioner's Exhibits and Papers being delivered to the Officers of the House of Lords in Ireland, they still detain them from him;" and praying, "That this House will take the Petitioner's Case into their Consideration, and give him such Relief as shall be thought proper."

Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords following; who are appointed a Committee, to state Matters of Fact, and to inspect Precedents of the like Nature; and report their Opinion on the Whole to the House:

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Schaw versus Houstoun.

Upon reading the Petition of Sir John Schaw Baronet; setting forth, "That a Day was appointed, last Session of Parliament, for hearing the Cause wherein the Petitioner is Appellant, and John Houstoun Esquire (now Sir John Houstoun) and Margaret his Wife are Respondents; but the same did not come on to be heard;" and praying, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Thirteenth Day of February next, at Eleven a Clock.

Cornwall's Petition referred to Judges.

Upon reading the Petition of Francis Cornwall Esquire, in Behalf of himself and Mary his Wife, their Infant Daughter, and the Creditors of the said Francis; praying, "That Leave may be given to bring in a Bill, for exonerating and discharging the Petitioner and his Estate of and from the Covenants and Agreements contained in certain Articles of Marriage, bearing Date the 31st of August 1708:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Lord Cartered, &c. Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of John Lord Carteret and William Hillersdon Esquire was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming the respective Sales of a Fee-farm Rent, and divers Lands, Tenements, and Hereditaments, in the County of Bedford, lately made by the Right Honourable John Lord Carteret and William Hillersdon Esquire, to each other; and to discharge the same from divers Estates, Terms, and Trusts, to which they are respectively liable, by several Settlements made thereof."

Basket versus Watson.

Upon reading the Petition of James Watson, One of His Majesty's Printers in Scotland; setting forth, "That John Basket, One of His Majesty's Printers in London, and others, having lodged an Appeal against several Interlocutors of the Lords of Session in Scotland; a Day was appointed, last Session, for hearing the Cause; but the same did not come on;" and praying, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the First Day of February next, at Eleven a Clock.

Lord Bathurst & al. Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Allen Lord Bathurst and others was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Lady Birne & al. versus Fade & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dame Anna Dorothea Birne and Sir John Birne Baronet, an Infant; are Appellants, and Joseph Fade and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Third Day of February next, at Eleven a Clock.

Mayor, &c. of Newcastle upon Tyne, Petition referred to Judges.

Upon reading the Petition of the Mayor, and Burgesses of the Town and County of Newcastle upon Tyne; and also the Petition of the Master, Brethren, and Sisters, of the Hospital of The Holy Jesus sounded in the Manors in the said Town and County, at the Costs and Charges of the said Mayor and Burgesses; praying, That Leave may be given to bring in a Bill, to empower them the said Master, Brethren and Sisters, of the Hospital aforesaid, to dispose of and sell several Lands and Tenements, at Eddesley in the County of Durham; and Whittle in the County, on Northumberland; and that certain Lands and Tenements, in the Manor of Walker, in the said County, of Northumberland, of a much greater Value may be settled to the same Uses:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord ChiefBaron of the Court of Exchequer and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

D. Kent, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Henry Duke of Kent, and of Anthony Grey Esquire, commonly called Lord Hatold, Son and Heir Apparent of the said Duke, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

D. Devon, &c. Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of William Duke of Devon, on the Behalf of himself and William Cavendish Esquire, commonly called Marquis of Hartington, his Eldest Son and Heir Apparent, an Infant, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

D. Kent's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Henry Duke of Kent, and Anthony Grey Esquire, commonly called, Earl of Harrold, to make Jointures for the Wife or Wives of the said Earl of Harrold, and for other Purposes therein mentioned."

Lord Caher versus Nagle & al.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Thomas Lord Baron of Caher in the Kingdom of Ireland is Appellant, and Catherine Nagle and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Sixth Day of February next, at Eleven a Clock.

State of the Coin to be considered.

Ordered, That on Tuesday next this House will take into Consideration the State of the Coin of this Kingdom.

Address for an Account of the Recoinage of Silver.

Ordered, That an humble Address be presented to His Majesty, "To desire that His Majesty would be pleased to give Order, that an Accompt be laid before this House, of all the Silver Money coined, at the Recoinage of the Silver Money of England, at The Tower of London, and the several Country Mints; and also of all the Silver Monies and Gold coined at or in that Time unto Michaelmas last past.

Exportation of Silver; or Balance of Trade.

"Also, That the Representation made by the Commissioners of Trade and Plantations, touching the Exportation of Silver, or the Balance of Trade, since His Majesty's Accession to the Throne, may be laid before this House.

Also, That the proper Officers do lay before this House, an Account of the Balance of Trade, for Seven Years last past.

Also, That the proper Officer do lay before this House, an Account of all the Silver exported and imported during the Space of Seven Years last past."

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

Commitees revived.

Ordered, That all Committees be revived; and that the Committee to whom the Consideration of Mr. Eversfield's Bill stands referred do meet on Monday Morning next.

Shirt versus Carr, in Error.

The House being moved, "That a Day may be appointed, for arguing the Error assigned upon a Writ of Error depending in this House, wherein Robert Shirt is Plaintiff, and Charles Carr Defendant:"

It is Ordered, That this House will hear the Errors argued in this Case, by Counsel, at the Bar, on Tuesday the Fourth Day of February next, at Eleven a Clock.

M'Dowall to enter into a Recognizance for Arrat.

The House being moved, "That Patrick M'dowall, Writer to His Majesty's Signet in Edinburgh, Agent for John Arrat on his Appeal depending in this House, may be allowed to enter into a Recognizance for the said Appellant, he being in Scotland:"

It is Ordered, That the said Patrick M'dowall may enter into a Recognizance for the said John Arrat accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum septimum diem instantis Januarii, hora undecima Aurora, Dominis sic decernentibus.