House of Lords Journal Volume 21: December 1719, 1-10

December 1719, 1-10

DIE Lunæ, 7^o. Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Dutchess of Hamilton versus Incledon.

Upon reading the Petition and Appeal of Elizabeth Dutchess of Hamilton, from an Interlocutory Order of the Court of Exchequer, of the Fourth of November last, made on the Behalf of Robert Incledon; and praying, "That the same may be reversed; and that another Order of the said Court, of the Eight and Twentieth of October last, may be made absolute:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Incledon may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Fourth Day of January next; and that Service of this Order on the Respondent's Clerk in the said Court of Exchequer be deemed good Service, in order thereunto.

E. of Hadinton's Petition referred to Judges.

Upon reading the Petition of Thomas Earl of Hadinton and Lord Binning his Son; praying Leave to bring in a Bill, for vesting such Part of the Petitioner's Estate, in that Part of Great Britain called Scotland, as lies discontiguous and dispersed from the Petitioner's chief Seat, in Trustees, to be sold; and the Money arising thereby to be laid out in the Purchase of other Lands and Hereditaments, lying more contiguous to the principal Part of the Petitioner's Estate, to be settled to the same Uses, and under the same Restrictions, as the Estate to be sold stands settled:

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 the Lord Chief Baron of the Court of Exchequer 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.

Dove's Pet. referred to Judges.

Upon reading the Petition of Thomas Dove Esquire, Henry Dove Gentleman, and Diana Dove an Infant of the Age of Fourteen Years or thereabouts, by Christopher Jackson Gentleman her Guardian and next Friend; praying Leave to bring in a Bill, to make an absolute Sale of a Messuage and Lands in Heathencoat, and also for Sale or Mortgage of the Manor of Upton, and divers Messuages, Lands, and Tenements, in Upton, Sutton, Aylesworth, and Castor, in the County of Northampton, to raise the further Sum of Two Thousand Pounds, for Payment of Debts, and for other Purposes in the Petition mentioned:

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. Justice Powis and Mr. Justice Blencowe; 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.

Trevor & al. versus Trevor & al.

Upon reading the Petition and Appeal of John Trevor, Arthur Trevor, and Tudor Trevor, Esquires, and Prudentia Trevor Spinster, from a Decree of the High Court of Chancery, of the Fifth of June last, in a Cause wherein Edward Trevor Esquire was Complainant, and the Petitioners, the Right Honourable Allen Lord Viscount Middleton of the Kingdom of Ireland, the Lady Anne his Wife, and Roger Salisbury, were Defendants; and praying, "That the same may be reversed, so far as it relates to the Lands comprised in the Marriage Articles of the Petitioners Father, and the Petitioners relieved in such Manner as to this House shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Trevor, Allen Viscount Middleton, and the Lady Anne his Wife, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Fourth Day of January next.

Stafford & al. versus Mayor and Commonalty of London.

Upon reading the Petition and Appeal of John Stafford, John Adams, and Bartholomew Soames, from an Order and Decree of the Court of Exchequer, of the Eleventh of June last, in a Cause, there depending, wherein the Petitioners were Plaintiffs, and the Mayor and Commonalty of the City of London Defendants; and praying, "That the same may be reversed, or such other Relief as to this House shall seem meet:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Defendants may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Eight and Twentieth Day of this Instant December.

Arthur versus Arthur & al.

Upon reading the Petition and Appeal of Daniel Arthur of London Merchant, from a Decree of Dismission made in the High Court of Chancery in Ireland, on the Nine and Twentieth of November 1717, in a Cause there depending, wherein the Petitioner was Complainant, and John Arthur Esquire and Christian his Wife, Denis Daly, and Darcy Hamilton, Esquires, were Defendants; and praying, "That the same may be reversed, and such further Relief as to this House shall seem just and equitable:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Arthur and his Wife and the other Defendants may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Eleventh Day of January next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery be deemed good Service, in order thereunto.

Records in Offices, Committee concerning.

The House being moved, "That a Committee be appointed, to inspect the Manner of keeping Records and Public Papers in Offices;"

The Committee following was named:

Lords Committees appointed to view the Records of of the Court of Chancery in The Tower, and those fit to be carried thither; and to consider what Place there is proper to receive them; and likewife to view all such other Public Records as they shall think fit, and in what Manner and Place the same are now kept; whose Lordships have Power to send for Persons, Papers, and Records; and to report to the House; (videlicet,)

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

Dagenham Breach, Accompt delivered.

The House being informed, "That a Person from the Trustees appointed by an Act of Parliament passed in the Twelsth Year of the Reign of Her late Majesty, for stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex, was attending at the Door:"

He was called in.

And Mr. David Legrose, Secretary to the said Trustees, presented to the House, pursuant to the said Act of Parliament, a Paper, intituled,

"Accompt of the Treasurer to the Trustees for Dagenham Breach, for a Year, ending at Michaelmas 1719."

And then he withdrew.

And the said Title was read.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Decembris, hora undecima Auror., Dominis sic decernentibus.

DIE Mercurii, 9^o. Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Lempster takes his Seat.

This Day Thomas Lord Lempster sat first in Parliament, upon the Death of his Father William Lord Lempster; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King-street and the Passages to The Old Palace Yard, in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westm'r, from Eleven of the Clock in the Forenoon until Four of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster be served with this Order, for the Purposes aforesaid.

Holborne versus Babbington, in Error.

The House being informed, "That a Person attended at the Door, with the Transcript of a Record from the Exchequer Chamber in Ireland, upon a Writ of Error returnable before this House:"

He was called in.

And Mr. Augustus Hancock, at the Bar, attested upon Oath, "That he examined the said Transcript with the original Record in the said Exchequer Chamber in Ireland; and that the same was a true Copy."

And delivering the said Transcript in at the Bar, he withdrew.

In which Writ of Error,

James Holborne is Plaintiff, and William Babbington Defendant.

Butler versus Sir T. Prendergast & al.

Upon reading the Petition and Appeal of Theobald Butler, from several Orders of the High Court of Chancery of Ireland, of the Seventeenth of June 1718, of the Fifth and Five and Twentieth of June, of the Third, Sixth, and Sixteenth of November last, in a Cause there depending, wherein Sir Thomas Prendergast Baronet, an Infant, Son and Heir of Sir Thomas Prendergast, deceased, by his Mother and Guardian Dame Penelope Prendergast, and Lieutenant General William Cadogan (now Earl Cadogan), Colonel James Dawson, and Jeffery Prendergast, Executors of the last Will and Testament of the said Sir Thomas Prendergast, deceased, were Plaintiffs, and the Petitioner Defendant; et è contra; and praying, "That the same may be reversed, and the Petitioner freed from the Attachment he now lies under, until the Hearing of the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Plaintiffs may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Thirteenth Day of January next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery in Ireland be deemed good Service, in order thereunto.

Ludlow & al. versus Macartney & al.

Whereas there is an Appeal depending in this House, wherein Stephen Ludlow Esquire and Richard Fenner Gentleman, surviving Executors of Sir Walter Plunket late of Rathbeall Knight deceased, and Plunket Plunket Esquire are Appellants, and the Honourable James Macartney Senior, John Roberts, Gerald Cuffe, Michael Cuffe, and James Macartney Junior, Esquires, Respondents:

And the House being this Day moved, on the Behalf of the said Respondents, "That a Day may be appointed, for hearing thereof:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Decembris, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 10^o. Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in.

And Mr. Walker, at the Bar, presented to the House, pursuant to some Acts of Parliament, several Papers.

And withdrew.

The Titles whereof were read, as follow:

"The Return of the Commissioners of the Customs to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East India Goods and Naval Stores, from Michaelmas 1718 to Michaelmas 1719.

1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellens at Michaelmas 1718; with what has been brought in since that Time, what exported, as also what remained at Mich'as 1719."

"2. An Account of the prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1718; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1719."

"3. An Account of the prohibited East India Goods remaining in the King's Warehouse at The Customhouse, London, at Michaelmas 1718; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1719."

"4. An Account of the prohibited East India Goods remaining in the respective Warehouses in the Outports at Michaelmas 1718; what brought in since that Time, what exported, as also what remained at Michaelmas 1719."

"5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1718 to Michaelmas 1719."

"6. An Account of Naval Stores imported from Russia into the Ports commonly called the Out-ports, from Michaelmas 1718 to Michaelmas 1719."

The House was adjourned during Pleasure.

The House was resumed.

D. of Dover's Writ of Summons.

The Order being read, for taking into Consideration the Matter relating to his Grace the Duke of Dover's Application to the Right Honourable the Lord Chancellor of Great Britain, for a Writ of Summons to Parliament:

After Debate;

It was moved to adjourn.

Accordingly,

Adjourn.

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