House of Lords Journal Volume 21: June 1721, 11-20

June 1721, 11-20

DIE Lunæ, 12^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Edgworth versus Giffard.

This Day the Answer of Thomas Giffard Esquire, Respondent to the Petition and Appeal of Edward Edgworth Esquire, was brought in.

Earl of Aberdeen returned One of the Sixteen Peers.

This Day the Clerk of the Crown in Chancery delivered into this House a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the Room of the Marquis of Annandale, deceased.

Which was read, as follows:

"I do hereby certify, That, by Virtue of His Majesty's Proclamation, a Certificate under the Hands of Mr. Alexander Mackenzie and Mr. William Hall, Clerks of Session attending the Election aftermentioned, in Virtue of the Lord Register's Commission to them granted, has been delivered into the Crownoffice in Chancery; whereby it appears, That William Earl of Aberdeen was elected and chosen, by Plurality of Votes, to sit and vote in the House of Peers, in this present Parliament, in the Room of William Marquis of Annandale, deceased.

"Given under my Hand, this Seventh Day of June, Anno Domini 1721.

"Geo. Wrighte,
Cler. Coron."

Sir J. Osborne versus Usher & al.

The Order of the Day being read, for the Judges to attend, to give their Opinions, upon the Question sent to them the Twenty-sixth of May last, upon hearing Counsel, on the Petition of Sir John Osborne Baronet, Appellant in a Cause depending in this House, to which Beverley Usher and others are Respondents; (videlicet,)

"In case a Tenant in Tail die, leaving Two Sons, and the Elder of them bring a Formedon in Descendre, and Judgement be given against him; whether, after his Decease without Issue, his Brother, being Issue within the same Intail, may bring a Writ of Error to reverse that Judgement ? and whether such Brother may bring a new Formedon upon the same Gift in Tail, without reversing that Judgement ?"

And the Judges attending accordingly:

The Lord Chief Baron of the Court of Exchequer, in the Name of all the Judges, who had consulted together, delivered their unanimous Opinion, "That the Second Brother might bring in a Writ of Error; but whether he could bring in a new Formedon without reversing the Judgement given against his Brother, depended upon the Nature of such Judgement given in the former Formedon, which in some Cases may be a Bar, but in others not."

And thereupon the House being of Opinion, "That the Appellant Sir John Osborne was well entitled to his Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next, at Eleven a Clock; and that the other Causes be removed One Cause-day in Course.

E. India Company Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled; "An Act for the further preventing His Majesty's Subjects from trading to The East Indies under Foreign Commissions; and for encouraging and further securing the lawful Trade thereto; and for further regulating the Pilots of Dover, Deale, and the Isle of Thanet."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had heard Counsel, upon the Petitions of the Corporations of The Royal Exchange and London Assurances, pursuant to the Orders of this House, touching a Clause in the said Bill; as also Counsel for the passing thereof; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Manor of Lathom, Bill.

After reading, and considering, the Report of the Judges to whom was referred the Bill relating to the Manor of Lathom, in the County of Lancaster:

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming the Manor of Lathom, and divers Lands in the County of Lancaster, of Richard Wareing, Bryan Fairfax, and Thomas Ashburst, Esquires, and their Heirs, subject to the Trusts to which the same are now liable, and discharged of certain Clauses in Letters Patent of King Charles the First, for re-conveying the Reversion in Fee to the Crown."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Tuesday the Twenty-seventh Day of this Instant June, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Thompson & al. versus Dundee Duty on Beer, Bill.

A Petition of John Thompson Merchant in London and William Fall Merchant in Dunbar, for themselves and in Name of George Dempster Merchant in Dundee; complaining of being great Sufferers, by the seizing, embezzling, and corrupting with Water, great Quantities of Corn belonging to the Petitioners, by divers Maltsters and others of the said Town of Dundee; and praying to be relieved touching the same, before the passing of the Bill, intituled, "An Act for continuing the Duty of Two Pennies Scotts, or One-sixth Part of a Penny Sterling, laid upon every Scotts Pint of Ale and Beer sold within the Town of Dundee and Privileges thereof, for paying the Public Debts of the said Town, building or endowing a new Church, and for other the Purposes therein mentioned:"

and Gentlemen & al. of Angus against it.

Also, a Petition of the Gentlemen and others of the Shire of Angus, and Places adjacent to the Town of Dundee; praying to be heard, by their Counsel, against the Continuance of the Duty intended by the said Bill, before any further Proceedings be had thereupon:

Were severally presented to the House, and read; and severally ordered to be referred to the Lords Committees to whom the said Bill stands committed.

Edgworth versus Giffard.

Upon reading the Petition of Edward Edgworth Esquire, Appellant in a Cause depending in this House, to which Thomas Giffard Esquire is Respondent; praying, "That the Petitioner's Deeds and Exhibits relating to the Estate in Question, which were read at the Hearing the said Cause in the Court of Exchequer in Ireland, and which are now deposited with the Examiner of the Court of Chancery in the said Kingdom, may be delivered to the Petitioner, or such other Person as he shall appoint, to the Intent the same may be produced at the Hearing the said Cause in this House:"

It is Ordered, That the Examiner of the said Court of Chancery in Ireland, in whose Custody the said Deeds and Exhibits now are, do forthwith deliver the same to the Petitioner, or his Agent, according to the Prayer of the said Petition.

Neusville, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John de Neusville."

Jedburgh Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One-sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Jedburgh and Privileges thereof, for paying the Public Debts of the said Town; and for supplying the same with fresh Water; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill relating to the Manor of Lathom stands committed;

Their Lordships, or any Five of them; to meet on Wednesday next, at the same Place; and to adjourn as they please.

Addison, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of George Addison Gentleman, on the Behalf of himself and John Addison Esquire his Elder Brother, a Lunatic, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Adjourn.

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

DIE Mercurii, 14^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Robertson versus E. Kinnoul.

This Day the Answer of George Earl of Kinnoul, Respondent to the Petition and Appeal of John Robertson of Goodlyburn, was brought in.

Sir J. Osborne versus Usher & al.

After hearing Counsel in Part, upon the Petition and Appeal of Sir John Osborne Baronet; complaining of several Orders of the Court of Chancery in Ireland; as also upon the Answer of Beverley Usher and others put in thereunto:

It is Ordered, That the further Hearing the said Cause be adjourned till Friday next, at Eleven a Clock; and that the Cause wherein Joshua Minnit is Appellant, and John Whinery is Respondent, which was appointed for that Day, be heard on the Monday following; and that the other Causes be removed One Cause-day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 16^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Odell versus Graydon & al.

This Day the Answer of Grizel Graydon, John Langton, and Mary his Wife, Respondents to the Petition and Appeal of John Odell Esquire, was brought in.

Sir J. Osborne versus Usher & al.

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of Sir John Osborne Baronet, Son and Heir Male of the Body of Nicholas Osborne Junior, Father of Sir Nicholas Osborne deceased, and only Heir Male now living of the Body of Sir Richard Osborne Senior; complaining of several Orders of the Court of Chancery in Ireland, and particularly of One of the Three and Twentieth of May, and another of the Fourth of July, One Thousand Seven Hundred and Eighteen, in a Cause there depending, wherein the said Sir Nicholas Osborne was Plaintiff, and Beverley Usher, John Pomeroy, John Odell, James Usher and Jane his Wife, Edward Hubbart and Isabella his Wife, and John Keane, were Defendants; and praying, That the same may be reversed, and the Appellant relieved:" As also upon the Answer of the said Beverley Usher and the other Respondents put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in the said 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 Orders therein complained of be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

E. India Company Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the further preventing His Majesty's Subjects from trading to The East Indies under Foreign Commissions; and for encouraging and further securing the lawful Trade thereto; and for further regulating the Pilots of Dover, Deal, and the Isle of Thanet."

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. Lovibond:

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

Sidney & al. to receive Appeal.

A Petition of the Honourable Joslin Sidney Esquire and Elizabeth his Wife, and Francis Dorsett and Emmett his Wife, was presented to the House, and read; setting forth, "That the Petitioners apprehend themselves aggrieved, by a Decree made in the Grand Sessions of Wales, on the Behalf of Mary Vaughan Widow, and Walter Vaughan an Infant; and in regard they are liable to pay a Sum of Money in their own Wrong, which, if the Plaintiffs get into their Hands, may be so disposed of, and misapplied, that the Petitioners may be in Danger of losing the same; and for that the Petitioners could not possibly be sooner ready with an Appeal against the said Decree; and, to shew they do not affect Delay, are willing to deposit the Money decreed in such safe Hands as may be thought proper;" and praying, "That the Order for receiving no more Appeals this Session may be dispensed with; and that the Petitioners Appeal may be now received."

It is thereupon Ordered, That the said Appeal be now received.

Sidney & al. versus Vaughan.

Then, the said Petition and Appeal of the Honourable Joslin Sidney Esquire and Elizabeth his Wife, and Francis Dorsett and Emmett his Wife, was presented to the House, and read; complaining of a Decree made in the Court of the Grand Sessions for the several Counties of Glamorgan, Brecon, and Radnor, the Eighth of September last, and a Report and Confirmation thereof the Sixth and Eighth Days of April following, in a Cause wherein Mary Vaughan Widow; and Walter Vaughan an Infant, by the said Mary his prochein Amy, were Plaintiffs, and the Petitioners Defendants; and praying, "That so much of the said Decree as relates to a Legacy of One Hundred Pounds may be reversed; and that the Plaintiffs Bill, as to so much thereof as relates to the said Legacy, may be dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary Vaughan and Walter Vaughan may have a Copy of the said Appeal; and shall be, and are hereby, required to put in their Answer thereunto, in Writing, forthwith.

Bankrupt Laws, for explaining, Bill.

The Judges, pursuant to the Order of this House, of the Eighteenth of May last, delivered in a Bill, prepared by them, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts."

St. Gyles's to Kilburn, Road Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from St. Gyles's Pound to Kilburne Bridge, in the County of Middlesex," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to; and are as follow:

11 Pr. 30 L. Leave out ["June"], and insert ["July"].

13 Pr. 21 L. Before ["and"], add Clause marked [X.]

[X.] And whereas there are several Aqueducts, Pipes, Conduits, and Drains, belonging to the City of London, that convey the Waters from Paddington and Marybone; which said Aqueducts, Pipes, Conduits, and Drains, lying under or near the Road by this Act to be amended, may probably suffer Damage, by the repairing of the said Road: Be it therefore Enacted, by the Authority aforesaid, That no Powers herein granted shall be construed to extend to take away, or break in upon, any of the said Aqueducts, Pipes, Conduits, or Drains, or the Enclosures thereto belonging, without the Consent or Licence of the said City of London first had and obtained; any Thing herein contained to the contrary notwithstanding."

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein Joshua Minnit is Appellant, and John Whinery is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that the other Causes be removed One Cause-day in Course.

Robertson versus E. Kinnoul.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Robertson is Appellant, and George Earl of Kinnoul is Respondent:"

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

Papers from the Navy office delivered.

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

They were called in; and delivered, at the Bar, several Papers, pursuant to their Lordships Addresses to His Majesty, with a Schedule of them.

And withdrew.

The said Schedule was read, as follows:

A List of such Ships, with their Rates, as came into Port to be laid up and paid off (there being no further Service for them), between the Eighth of August 1712, the Time of the Cessation of Arms, and the First of August 1714; and how long they remained in Port before they were paid off, and the Occasion thereof.

The State of the Furniture and Stores of the Ships said to be in a good Condition the Tenth of August 1714, as they appeared to be in the Beginning of March following; with an Estimate of the Weight of Cables and Cordage wanting to compleat the said Ships in their Furniture and Stores, and the Weight of Hemp then in Store, and how long it would require, provided there was sufficient Hemp in the Magazines, to work up such Cables and Cordage as were necessary for the aforesaid Ships.

An Account of the Number of all the Workmen borne at all His Majesty's Yards, at Christmas 1687, 1698, and 1714, together with the Sum Total of their Wages for those Quarters each Year.

"A List of the Sea Officers, Captains, and Lieutenants, that were in Half-pay in the Year 1714, or at any Time since."

Ordered, That the said Lists and Accompts delivered in this Day be referred to the Committee of the whole House appointed to take into Consideration the State of Public Credit.

Edgworth versus Giffard.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Thomas Giffard Esquire is Respondent:"

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

Odell versus Graydon & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein John Odell Esquire is Appellant, and Grizel Graydon and John Langton and Mary his Wife are Respondents:"

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

Addison's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts."

Neusville's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John de Neusville."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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

Jedburgh Duty on Beer, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Jedburgh and Privileges thereof, for paying the Public Debts of the said Town; and for supplying the same with fresh Water; and for other Purposes therein mentioned," was committed: "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Martis, 20^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return Ledbury Roads Bill.

A Message from the House of Commons, by Sir Hungerford Hoskins and others:

To return the Bill, intituled, "An Act for repairing the several Roads leading from the Town of Ledbury, in the County of Hereford, to the several Places therein mentioned;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Treaties with Sweden delivered.

The Lord President (by His Majesty's Command) presented to the House some Papers, with a Schedule of them.

The said Schedule was read, as follows:

1719/20, January 21st.

"Copy of the Treaty between Great Britain and Sweden, and Translation."

Copy of the Separate Articles thereunto belonging, and Translation."

Bell's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for the Sale of the Manor of Radwell, and other the Estate of Robert Bell Esquire and Richard Bell his Son, in Radwell and Norton, in the County of Hertford; and for purchasing other Lands, to be settled to the same Uses," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Kirwane versus Sir Walter Blake.

A Petition of Sir Walter Blake Baronet, Respondent to the Petition and Appeal of John Kirwane Esquire, commonly called Sir John Kirwane Knight, was presented to the House, and read; praying, "In regard the said Cause has been put off several Times, and the Petitioner being apprehensive he shall lose the whole Sum decreed him if the same is not soon determined, that a special Day may be appointed, for hearing thereof:"

And thereupon the Agents on both Sides were called in.

And the Appellant's Agent consenting to the Prayer of the said Petition:

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

State of Public Credit.

The Order of the Day, for the House to be in a Committee, to take into Consideration the State of the Public Credit; and for some of the Commissioners of the Navy and Victualing to attend; being read:

It is Ordered, That the House be put into the said Committee on this Day Month.

Messages from H. C. with a Bill; and to return the Bill for enlarging Broadheath Common.

A Message from the House of Commons, by Mr. Palmer and others:

To return the Bill, intituled, "An Act for enclosing the Heath, or Common, called Broad Heath, in the Parishes of Ellenhall, Seighford, and Ronton, in the County of Stafford;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

A Message from the House of Commons, by Mr. Denton and others:

With a Bill, intituled, "An Act for repairing the Road from Wendover, to the Town of Buckingham, in the County of Bucks;" to which they desire the Concurrence of this House.

Neusville, Nat. Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John de Neusville," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Addison's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts."

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 the Fifth Day of July next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Bankrupt Laws, for explaining, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts."

St. Gyles's to Kilburn, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from St. Gyles's Pound to Kilburne Bridge, in the County of Middlesex."

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. Bennet and Mr. Conway:

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

Wendover Road, Bill.

Hodie I^a vice lecta est Billa, intituled, "An Act for repairing the Road from Wendover, to the Town of Buckingham, in the County of Bucks."

Jedburgh Duty on Beer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Jedburgh and Privileges thereof, for paying the Public Debts of the said Town, and for supplying the same with fresh Water; 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. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Conway:

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 Mercurii, vicesimum primum diem instantis Junii, hora undecima Auror. Dominis sic decernentibus.