House of Lords Journal Volume 23: April 1730, 1-10

April 1729, 1-10

DIE Martis, 7^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Radcliff versus Fursman.

The Answer of Martha Fursman an Insant, by Peter Burnaford Clerk her Guardian, to the Appeal of Walter Radcliffe Esquire:

Borthwick versus Borthwick.

Also, the Answer of John Borthwick Esquire, to the Appeal of Lilly Borthwick Spinster;

Were brought in.

Sir Charles Mordaunt's Bill.

The Earl of Northampton reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Power of Sir Charles Mordaunt Baronet, to make a Jointure," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Wisbech Road to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making a new Road, and for repairing and amending the ancient Road between the Towns of Wisbech and March, in the Isle of Ely, in the County of Cambridge."

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

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

Accompt of Bullion coined, delivered.

The House was informed, "That a Person from the Mint attended."

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty, of the Nineteenth of March last,

"An Accompt of what Bullion has been coined since the Year 1713; distinguishing each Year, to this Time."

And then he withdrew.

And the Title of the said Accompt was read, by the Clerk.

Earl Ranelagh's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate of Richard late Earl of Ranelagh, in the Counties of Middlesex and Berks, in Trustees, to be sold, for the Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet at the same Place, on Wednesday the Two and Twentieth Day of this Instant April; and to adjourn as they please.

Messages from H. C. with a Bill; and to return the D. of Beaufort's Bill, and Lord James Cavendish's Bill.

A Message was brought from the House of Commons, by Sir John Hynde Cotton and others:

To return the Bill, intituled, "An Act for obliging Henry Duke of Beaufort, and Frances Dutchess of Beaufort and her Children, to take the additional Surname, and bear the Arms, of Scudamore, pursuant to a Settlement made by James late Lord Scudamore in the Kingdom of Ireland; and for vesting in the said Duke, in Fee, the Manors of Wickhall and Ditton Camois, and Lands in the County of Cambridge, late the Estate of the said Lord Soudamore, in Lieu of the Portion provided by him for his Daughter the said Dutchess; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

A Message was brought from the House of Commons, by Sir Nathaniel Curson and others:

To return the Bill, intituled, "An Act for vesting the Manor of Claxby, and divers Lands and Hereditaments, in the County of Lincoln, the Estate of the Honourable James Cavendish Esquire, in Trustees, to be sold, for discharging Four Thousand Two Hundred Pounds, secured upon those and other Lands;" and to acquaint this House, that they have agreed to the same, without any Amendment.

City of Norwich Government, Bill.

A Message was brought from the House of Commons, by Mr. Waller Bacon and others:

With a Bill, intituled, "An Act for the better regulating Elections in the City of Norwich; and for preserving the Peace, good Order, and Government, of the said City;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Writings in the Cause of Hopkins against Honywood to be produced at the Hearing.

Ordered, That the Books, Papers, and Writings, in the Cause wherein Bertie Hopkins Gentleman and his Wife are Appellants, and Isaac Honywood Esquire is Respondent, which were produced and left with Mr. John Bennet a Master in Chancery, be produced, at the Bar of this House, at the hearing the said Cause.

Message from H. C. to return Satisfatt's Bill.

A Message was brought from the House of Commons, by Mr. Whitworth and others:

To return the Bill, intituled, "An Act for confirming a Conveyance and Surrenders of certain Freehold and Copyhold Lands and Hereditaments, by Roger Satisfatt and Jemima Satisfatt, both Infants, unto Edward Lord Bishop of Coventry and Litchfield;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Earl Huntingdon & al. to be heard in relation to the Countess Dowages Ferrers Bill.

Upon reading the Petition of Theophilus Earl of Huntingdon and others; praying to be heard, by their Counsel, in relation to the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the present Earl Ferrers, a Lunatic, to whom he is Committee, in Behalf of himself and his Sons:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, before the said Committee, as desired.

Sir Christopher Musgrave versus Brisco & al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Sir Christopher Musgrave Baronet is Appellant, and John Brisco Esquire, Richard Ward, and Dorothy his Wife, are Respondents.

And the Appellant's Counsel being heard, and divers Proofs on his Part read:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow; and that the Cause appointed for that Day be adjourned to Friday next, and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Mercurii, 8^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Ladies Shirleys against, the Countess Dowager Ferrers & al. Bill.

Upon reading the Petition of the Honourable Elizabeth Shirley and Anna Eleonora Shirley, Daughters of Robert late Earl Ferrers by his First Wife, and others; praying, "That they may be heard, by their Counsel, against the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the present Earl Ferrers, a Lunatic, to whom he is Committee, in Behalf of himself and his Sons:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, before the said Committee.

E. Ferrers, against it:

Upon reading the Petition of Henry Earl Ferrers, by his Committee Elizabeth Shirley; praying, "That he may be heard, by his Counsel, against the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the Petitioner, to whom he is Committee, in Behalf of himself and his Sons; and in regard it has pleased God in a great Measure to restore him to his Reason, that, if the House shall so think sit, he may at the same Time be inspected by their Lordships:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by his Counsel, before the said Committee.

Mrs. Castleton against it.

Upon reading the Petition of Amy Castleton, Wife and Committee of the Person and Estate of Nathaniel Castleton Esquire, a Lunatic; praying, "That she may be heard, by her Counsel, against the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the present Earl Ferrers a Lunatic, to whom he is Committee, in Behalf of himself and his Sons; and in regard she is advised her Security for Payment of Four Thousand Pounds and Interest may be prejudiced, that she may have such Relief as to this House shall seem just:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioner may be heard, by her Counsel, before the said Committee.

Sir Richard Levinge against Lady Levinge.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Richard Levinge Baronet is Appellant, and Dame Mary Levinge Widow Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Sir Christopher Musgrave versus Brisco & al.;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir Christopher Musgrave Baronet; complaining of Two Decrees of the Court of Exchequer, of the First of May and Twentyseventh of November last, made in a Cause wherein the Appellant was Plaintiff, and John Brisco Esquire, Richard Ward, and Dorothy his Wife, were Defendants; and praying, "That the same may be reversed; and that the Appellant may have his Bond, given for Payment of Nine Hundred Pounds, and Interest, to Mrs. Lamplugh, delivered up, and be indemnisied therefrom; or that the Defendant Brisco may pay him the several Sums of Six Hundred and Fifty Pounds and Two Hundred and Fifty Pounds, and Interest; and that he may have his Costs decreed to him; or such other Relief as to this House shall seem meet:" As also upon the Answers of the said John Brisco, Richard Ward and Dorothy his Wife, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree of the said Twenty-seventh of No vember, complained of in the said Appeal, as relates to the Respondents Richard Ward and Dorothy his Wife, be, and the same is hereby, affirmed; but as to the other Part of the same Decree, which directs the Appellant's Bill against the Respondent Brisco to stand dismissed, with Costs, the same is hereby reversed: And it is hereby further Ordered, with respect to the Appellant and the said Respondent Brisco, That the said Court of Exchequer do cause an Issue to be tried, between the Appellant and the said Respondent, at the next Assizes for the County of Cumberland, by a Special Jury, wherein the Appellant is to be Plaintiff, and the Respondent Brisco Defendant; which lssue is to be, whether the Bond for Payment of Six Hundred and Fifty Pounds, by the said Respondent, to the Appellant, dated the First of January 1724, was delivered up by the Appellant to the said Respondent, to be canceled; and the Promissory Note, dated the First of May 1726, for Payment of Two Hundred and Fifty Pounds, to the same Respondent, was given by the Appellant to him in Discharge, or towards Satisfaction, cf the Bond, bearing Date the Twelfth of November 1725, given by the Appellant to the Respondent Dorothy, for the Payment of Nine Hundred Pounds to her:" And it is hereby also Ordered, That the Depositions taken in the said Cause, in the said Court of Exchequer, may be used by either Side at the Trial; and all Papers, Accompts, and Writings, proved in that Court, in the said Cause, are to be produced at the said Trial, as the Parties shall desire; and the Appellant and the said Respondent are to produce, upon Oath, all Papers, Accompts, and Writings, in their respective Custody or Power, relating to the Matters in Question, and leave the same with their respective Clerks in Court, before the End of Trinity Term next, to be there inspected by either Side, and to be produced at the Trial, as either Side shall desire: And the said Court of Exchequer are hereby directed to cause this Judgement to be put in effectual Execution; and, after such Trial had, or in Default of Trial, the said Court to take such further Order thereupon, and make such Decree in the said Cause, as shall be just.

Papers delivered from the Board of Trade.

The Earl of Westmorland presented to the House, pursuant to their Lordships Order of the Nineteenth of March last, several Papers; the Titles whereof were read, as follow:

"1. Copy of a Representation from the Board of Trade to His Majesty, proposing the taking off the Duty on Timber."

"2. Extract of a Letter from the Board of Trade to Mr. Secretary Stanhope, upon Brigadier Hunter's and Lord Archibald Hamilton's Letters, relating to the Interruption of Trade in The West Indies, and to Naval Stores."

"3. Copy of a Representation from the Board of Trade to His Majesty, relating to the Production of Naval Stores in the Plantations."

"4. Copy of a Representation from the Board of Trade to the King, relating to the Encouragement of Importation of Naval Stores and Mineral Ores from the Plantations."

"5. Copy of a Letter from the Commissioners for Trade to the Lords of the Treasury, upon the Petition of the Importers and Dealers in Tar, &c."

"6. Copy of a Letter from the Board of Trade to the Lords of the Treasury, relating to the Destruction committed in His Majesty's Woods in New England, and the Misconstruction put upon some of the Acts relating to the Importation of Naval Stores."

"7. Copy of a Representation from the Board of Trade to the King, for encouraging the Importation of Naval Stores from America."

"The Establishments:

"8. Bermuda.

"9. Bahama.

"10. Leward Islands.

"11. Jamaica.

"12. Barbados.

"13. Hudson's Bay.

"14. Newfoundland.

"15. Nova Scotia.

"16. New Hampshire.

"17. Massachusets Bay.

"18. New York.

"19. New Jersey.

"20. Virginia.

"21. Carolina, North and South.

"22. Connecticut and Rhode Island.

"23. Pensilvania.

"24. Maryland.

"25. Governors Names."

E. and Countess of Northampton, against the Countess Dowager Ferrers & al. Bill.

Upon reading the Petition of James Earl of Northampton and his Countess; praying, "That they may be heard, by their Counsel, against such Part of the Bill for making effectual an Agreement between the Countess Dowager Ferrers and her Sons, and Lawrence Shirley Esquire, Brother of the present Earl Ferrers, a Lunatic, to whom he is Committee, in Behalf of himself and his Sons, as may affect the Petitioners; and that, if the same do pass, Provision may be therein made, to preserve the Right of the Petitioners and their Issue, to the Real and Personal Estate of the said Countess's Grandfather, Father, and Brother:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, before the said Committee, as desired.

Lords added to Countess Dowager Ferrers's Committee.

Ordered, That all the Lords that have been present this Session, and not named of the Committee to whom the Bill relating to the Shirley Family stands committed, be added thereunto.

City of Norwich Government, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating Elections in the City of Norwich; and for preserving the Peace, good Order, and Government, of the said City."

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

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

Sir John Lambert versus Sir Daniel O Carroll.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Lambert Baronet is Appellant, and Sir Daniel O Carroll Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Sir Charles Mordaunt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Power of Sir Charles Mordaunt Baronet, to make a Jointure."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H.C. with it.

A Message was sent to the House of Commons, by Mr. Tothill and Mr. Allen:

To carry down the said Bill, and desire their Concurrence thereunto.

State of the Nation put off.

Ordered, That the further Consideration of the State of the Nation, which is appointed for To-morrow, be adjourned to that Day Sevennight.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 9^o Aprilis.

Domini tam Spirituales quam Temporales præsentet fuerunt:

PRAYERS.

City of Norwich Government, Bill.

The Lord Lovell reported from the Lords Committees to whom the Bill, intituled, "An Act for the better regulating Elections in the City of Norwich; and for preserving the Peace, good Order, and Government, of the said City," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Jervoise's Bill.

The Lord Bishop of Bath and Wells reported from the Lords Committees to whom the Bill, intituled, An Act for restraining Thomas Jervoise Junior Esquire, a Lunatic, from marrying, or aliening, disposing, or encumbering, his Estate, during his Lunacy; and for raising Portions for his Sister's Children; and for other Purposes therein mentioned," was committed: "That they had considered 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 Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

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

Malt Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty; for exempting from the said Duties Cyder and Perry used for Distilling; for ascertaining the Bounty for Malt exported; for better preventing Fraud in the Malting of Corn for Exportation; for making good the Deficiency of a late Malt Act; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Earl of Aberdeen against Callender & al.

After hearing Counsel, upon the Petition and Appeal of William Earl of Aberdeen; complaining of a Sentence, or Decree, of the Court of Session in Scotland, of the Thirtieth of July 1729, made on the Behalf of Alison Callender Widow of Mr. John Buchanan, James Haliburton, Henry Guild, Andrew Dunnet, and William Earl of March; and praying, "That the same may be reversed; and that the Decree of the said Court, of the Second of the said July, may be affirmed:" As also upon the joint Answer of the several Persons abovementioned put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed; the Money to be paid to the Appellant.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sentence, or Decree, of the Thirtieth of July One Thousand Seven Hundred and Twenty-nine, be, and is hereby, reversed; and that the said Decree of the Second of the same Month be, and is hereby, revived and affirmed: And it is hereby further Ordered, That the One Thousand Pounds, secured by the Bond in the Appeal mentioned, and Interest for the same from Martinmas One Thousand Seven Hundred and Twenty-five, be paid to the Appellant.

Lord and Lady Morpeth, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Henry Howard Esquire, commonly called Lord Morpeth, and Frances his Wife, 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.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Hickling, and other Lands and Hereditaments, in the County of Nottingham, late the Estate of Margaret Dutchess Dowager of Newcastle, and entailed by her Will; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses."

Adjourn.

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

DIE Veneris, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

V. Barrington versus Searle.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error, wherein John Viscount Barrington is Plaintiff, and Susanna Searle Widow Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on the First vacant Day for Causes after those already appointed.

Ld Morpeth's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Hickling, and other Lands and Hereditaments, in the County of Nottingham, late the Estate of Margaret Dutchess Dowager of Newcastle, and entailed by her Will; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses."

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 Saturday the Twenty-fifth Day of this Infant April at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

City of Norwich Government, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better regulating Elections in the City of Norwich; and for preserving the Peace, good Order, and Government, of the said City."

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. Tothill and Mr. Allen:

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

Jervoise's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for restraining Thomas Jervoise Junior Esquire, a Lunatic, from marrying, or aliening, disposing, or encumbering, his Estate, during his Lunacy; and for raising Portions for his Sister's Children; and for other Purposes therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Tothill and Mr. Allen:

To carry down the said Bill, and desire their Concurrence thereunto.

Dee et al. for Writings in a Master's Custody to be delivered back.

Upon reading the Petition of Nicholas Dee and Edward Dee Gentlemen, and Thomas Mellersh Yeoman; praying, That a canceled Deed and Bond, and Title Deeds and Writings, concerning an Estate formerly in Question, upon an Appeal of one Thomas Pyke, to which the Petitioners were Respondents, which were, pursuant to an Order of this House, of the Seventeenth of April 1728, left with a Master in Chancery, may be delivered back to the Petitioners:"

It is Ordered, That the Master, in whose Custody the said Writings now are, do deliver the same back to the Petitioners, as desired.

Hopkins & Ux. versus Honywood.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Bertie Hopkins and his Wife are Appellants, and Isaac Honywood Esquire is Respondent.

And the Appellants Counsel being heard; and divers Proofs on their Parts read:

They were all directed to withdraw.

And being withdrawn:

It was moved, "To adjourn the further Consideration of this Cause till To-morrow."

And the same being objected to:

The Question was put, "Whether the further Hearing of this Cause shall be adjourned till To-morrow, at Eleven a Clock?"

It was Resolved in the Affirmative.

Pincke and Lady Abergavenny versus Lady Dowager Abergavenny.

Whereas To-morrow is appointed, for hearing the Cause wherein Alured Pincke Esquire and Elizabeth Lady Bergaveny his Wife are Appellants, and Anne Lady Dowager Bergavenny is Respondent:

It is Ordered, That the said Hearing be adjourned till Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad etin diem Sabbati, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.