House of Lords Journal Volume 24: May 1733, 11-20

May 1733, 11-20

DIE Jovis, 17^o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Sir T Prendergast against Oshaghnassy.

The Answer of Joseph Oshaghnassy Gentleman, to the Appeal of Sir Thomas Prendergast Baronet, was brought in.

Messages from H. C. to return the D. of Newcastle & al. Bill:

A Message was brought from the House of Commons, by Sir William Stanhope and others:

To return the Bill, intituled, "An Act for dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messuages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Amending Aldham and Boyne Commons Act, Bill;

A Message was brought from the House of Commons, by Sir Edmund Bacon and others:

To return the Bill, intituled, "An Act for explaining and amending Part of an Act made in the Second Year of the Reign of His present Majesty, intituled, An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Bawtry's Bill.

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

To return the Bill, intituled, "An Act for fettling the Estate of Thomas Bawtry, late of Foston, in the County of York, Esquire, deceased, in his Surname and Blood; and making his Will more effectual for that Purpose;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Roberts's Bill.

The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the settled Estate of David Roberts Esquire, for discharging the Debts and Incumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons under his Marriage Settlement," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found 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.

Dowdeswell's Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for enabling Richard Dowdeswell Esquire to raise Money, by Sale or Mortgage of his Estates in the Counties of Gloucester and Worcester, to pay off the Portion of his Niece Anne Wylde the Younger, charged thereon," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found 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.

Asheton's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, in Behalf of his Son Thomas Asheton an Infant, touching the Estate late of Robert Cholmondeley, of Holford, in the County of Chester, Esquire, obligatory on the said Infant, and vesting the said Estate in Trustees, to be sold, for the Purposes therein expressed," was committed: "That they had considered the said Bill, and gone through the same, with some Amendments."

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

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

Marq. Anna dale against L. Hopes.

The House was informed, "That the Cause wherein George Marquis of Annandale is Appellant, and John Lord Hope Respondent, has been put off so often, by the general Removal of Causes, that it is improbable whether the same will be heard this Session, unless appointed on a sooner Day than that on which it now stands."

And it being thereupon moved, "That the said Cause may be heard on Saturday Sevennight, peremptorily:"

Cause broug forward.

It is Ordered, That the said Cause be then heard accordingly.

Message from H. C. with Wade's Mil Road repairing Bill

A Message was brought from the House of Commons, by Sir Thomas Seabright and others:

To return the Bill, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Oldstreet Church, Bill

Hodie 3^a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Rector of the new Church near Old-street, in the Parish of St. Giles, Cripplegate; and for making that Part of the said Parish which is called The Lordship Part a distinct Parish; and for empowering the Commissioners for building of the Fifty new Churches to apply a Sum of Money, to wall-in the said Church and Churchyard, and to erect a House for the Habitation of the Rector of the said Church, out of the Money appropriated for the Endowment of the said Fifty new Churches."

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

It was Resolved in the Affirmative.

Amending A about Elections, as to County Courts, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament; and for the preventing irregular Proceedings of Sheriffs and other Officers, in the electing and returning such Members," so far as the same relates to the holding of County Courts."

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.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Edwards:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Stockjobbing, to prevent, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to prevent the infamous Practice of Stockjobbing;" and hearing Counsel, as well for as against the same, be put off till To-morrow.

Causes put off.

Ordered, That the Cause wherein John Vernon Esquire is Appellant, and the City of Dublin are Respondents, which stands appointed to be heard this Day, be put off to Tuesday next, and the Causes on Bye-days removed in Course; and that the Cause wherein Archibald Denham is Appellant, and James Baillie Respondent, which stands appointed for To-morow, be put off to Wednesday next; and the Causes on Cause-days removed in Course.

For filling up Fleet Ditch, Bill.

The House (according to Order) proceeded to take into Consideration the Amendment made by the Commons to One of the Amendments made by this House, to the Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London."

And the same, being read, was agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Hogan to enter into a Recognizance for Folie.

The House being moved, "That Hugh Hogan, of Furnival's Inn, Gentleman, may be permitted to enter into a Recognizance for Edward Folie Gentleman, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Hugh Hogan may enter into a Recognizance for the said Appellant, as desired.

Bazill Hamilton takes the Oaths:

Bazill Hamilton took the Oaths appointed by the Act of the 7th of King James the Fifst, in order to his being restored in Blood; having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Bill to restore him in Blood.

Hodie 2^a vice lecta est Billa, intituled, "An Act for restoring Bazill Hamilton in Blood."

Ordered, That the said Bill be read the 3d Time To-morrow.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Three Money Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-three."

"2. An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies."

"3. An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujcts, accepte leur Benevolence, et ainsi le veult."

"4. An Act for obviating a Doubt which may arise, upon an Act, made in the Fourth Year of His present Majesty's Reign, intituled, "An Act, that all Proceedings in the Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same doth or may relate to the Court of the Receipt of His Majesty's Exchequer, or to any Members or Branches thereof."

"5. An Act to explain and amend an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament; and for the preventing irregular Proceedings of Sheriffs and other Officers, in the electing and returning such Members," so far as the same relates to the holding of County Courts."

"6. An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London."

"7. An Act for erecting Piers in, and for repairing and keeping in Repair, the Harbour of Little Hampton, called Arundell Port, in the County of Sussex."

"8. An Act for repairing the Roads leading from a Place called St. John's Bridge, in the County of Berks, to a Place called Fyfield, in the said County."

"9. An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the great Bridge in Ware, in the County of Hertford; and for amending the Road from the said great Bridge, to the South End of the great Bridge at Wade's Mill; and from the great Road at Cheshunt, to the West End of Small Lea Bridge, in the said County of Hertford."

"10. An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called The Pye Road, in the County of Suffolk; and for amending the Roads leading from Yaxley Bull, through Eye, to Lanthorn Green, in the said County."

"11. An Act for continuing a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed and sold within the Town of Linlithgow, and Liberties thereof, in the County of West Lothian, for paying the Debts of the said Town, and other Purposes therein mentioned."

"12. An Act for making a Chapel in the Town of Tiverton, in the County of Devon, a perpetual Cure; and for providing a Maintenance for the Ministers who shall officiate therein."

"13. An Act for providing a Maintenance for the Minister of the new Church of Horslydown, in the Borough of Southwark, in the County of Surrey; and for making the District assigned to the same a distinct Parish; and for other Purposes therein mentioned."

"14. An Act for providing a Maintenance for the Rector of the new Church near Old Street, in the Parish of St. Giles, Cripplegate; and for making that Part of the said Parish which is called The Lordship Part a distinct Parish; and for empowering the Commissioners for building of the Fifty new Churches to apply a Sum of Money, to wall-in the said Church and Church-yard, and to erect a House for the Habitation of the Rector of the said Church, out of the Money appropriated for the Endowment of the said Fifty new Churches."

"15. An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"16. An Act for enclosing and dividing the Common Fields and Common Grounds, lying in the Manor and Parish of Chipping Warden, in the County of Northampton."

"17. An Act for enclosing and dividing the Common Fields and Common Grounds, in the Tithing of Buckland Newton, Mineterne Parva, and Knowle, in the Parish of Buckland Newton, alias Buckland Abbas, in the County of Dorset."

"18. An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County of Worcester."

"19. An Act to enable the Lady Viscountess Gage and her Trustees, and Thomas Whorwood Esquire, to purchase Lands of Inheritance with the Money arising by Sale of their Estate in the County of Bucks."

"20. An Act for Sale of the Manors of Kidderminster Borough and Kidderminster Forren, Part of the entailed Estate of William Lord Abergavenny; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled to the same Uses."

"21. An Act for vesting divers Lands and Tithes in Hothorpe, in the County of Northampton, the Estate late of Griffith Davies deceased, and of Arthur Dagget, in Trustees, to such Uses as the Manor of Hothorpe aforesaid stands settled; and for other Purposes therein mentioned."

"22. An Act to confirm Articles of Agreement, entered into between Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, and others, and George Earl of Macclesfield and others, Trustees of a Charity, for vesting in George Earl of Orkney and his Heirs, certain Lands in the County of Berks, to the several Uses, and upon the Trusts, therein mentioned."

"23. An Act to enable William Widdrington, late Lord Widdrington, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take and inherit any Real or Personal Estate that may or shall hereafter descend or come to him, or which he was entitled unto, in Reversion or Remainder, before his Attainder."

"24. An Act to explain and amend an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray (commonly called Lord James Murray), after the Death of the said Duke."

"25. An Act for Sale of Part of the Paternal Estate of William Savery Esquire, comprized in his Marriage Settlement, to discharge the Incumbrances on other the more valuable Parts of his Estate, in the same Settlement comprized, for the Benefit of his Issue by Mary his late Wife."

"26. An Act for rendering more useful, and preventing the Inconveniencies likely to arise from a Covenant in, the Marriage Settlement made by George Pitt Esquire; and for making good and effectual the Agreements, Limitations, and Provisions, made by the Parties for that Purpose, contained in an Indenture of Settlement lately made."

"27. An Act for Sale of Part of the Estate of Thomas Prestwood Esquire, in the County of Devon, for discharging an Incumbrance affecting the same; and other Purposes therein mentioned."

"28. An Act to enable Thomas Warden Esquire and the Heirs of his Body, and the several other Persons therein named, and the Heirs of their respective Bodies, to take and use the Surname of Sergison, as therein mentioned."

"29. An Act for empowering Sir John Tynte Baronet and Charles Tynte Esquire, and their Sons respectively, to make Leases of the Estates comprized in the late Sir Halswell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country."

"30. An Act to enable Thomas Erle Drax Esquire, an Infant, and others, to grant Leases of several Manors and Lands in the County of Wilts, in such Manner as is therein mentioned."

"31. An Act to dissolve the Marriage of Sir John Rudd Baronet, with Lettice Vaughan, and to enable him to marry again; and for other Purposes therein mentioned."

"32. An Act for settling the Estate of Thomas Bawtry, late of Foston, in the County of York, Esquire, deceased, in his Surname and Blood; and making his Will more effectual for that Purpose."

"33. An Act for dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messuages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned."

"34. An Act for explaining and amending Part of an Act made in the Second Year of the Reign of His present Majesty, intituled, "An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish."

"35. An Act to naturalize Jean Lagier Lamotte and George Godfried Hasenseller."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Accompt of Money received from the Trustees for Sale of the late S. S. Directors Estates delivered.

The House being informed, "That the Secretary of the South Sea Company attended:"

He was called in; and delivered, at the Bar (pursuant to the Order of the 3d Instant), "A Return of the said Company; together with an Accompt of what Sums of Money, South Sea Stock, and South Sea Annuities, have been received from the Trustees for Sale of the Estates of the late Directors and others, in Pursuance of the Act of Parliament of the 13th Year of His late Majesty; distinguishing the Times of such Receipts, and the Application thereof, and the Resolution and Order of the General Court of the said Company in relation thereunto."

And then he withdrew.

And the said Return and Accompt were read.

Ordered, That the same be taken into further Consideration on this Day Sevennight, and forthwith printed; and that the Cashier and Accomptant or Accomptants of the said Company do then attend; and the Lords to be summoned, with Notice of the Occasion.

Bastard Children, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Relief of Parishes, and other Places, from such Charges as may arise from Bastard Children born within the same."

Committee for considering of Baillie's Appeal, revived.

The House being moved, "To revive the Committee appointed to consider of the Petition and Appeal of John Baillie, a Lunatic, by his Committee; complaining of certain Interlocutors of the Lords of Session in Scotland; made in February 1710:"

It is Ordered, That the said Committee be revived accordingly; and that their Lordships do meet, at the usual Time and Place, on Tuesday next.

Adjourn.

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

DIE Veneris, 18^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Asheton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, in Behalf of his Son Thomas Asheton, an Infant, touching the Estate late of Robert Cholmondeley, of Holford, in the County of Chester, Esquire, obligatory on the said Infant; and vesting the said Estate in Trustees, to be sold, for the Purposes therein expressed."

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

It was Resolved in the Affirmative.

Roberts's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling Part of the settled Estate of David Roberts Esquire, for discharging the Debts and Incumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons claiming under his Marriage Settlement."

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

It was Resolved in the Affirmative.

Dowdeswell's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Richard Dowdeswell Esquire to raise Money, by Sale or Mortgage of his Estates in the Counties of Gloucester and Worcester, to pay off the Portion of his Niece Anne Wylde the Younger, charged thereon."

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

It was Resolved in the Affirmative.

Basill Hamiltons Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for restoring Bazil Hamilton in Blood."

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

It was Resolved in the Affirmative.

Message to H. C. with the Four preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Kynaston and Mr. Burroughs:

To carry down the said Four Bills, and desire their Concurrence to them.

Estimate of the Navy Debt delivered.

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

They were called in; and delivered, at the Bar (pursuant to the Order of the 8th Instant),

A Return of the said Commissioners, with an Estimate of the Debt of His Majesty's Navy, as it stood on the 31st of December last."

And then they withdrew.

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

Stockjobbing, to prevent, Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act to prevent the infamous Practice of Stockjobbing;" and hearing Counsel, as well for as against the Bill; being read:

Counsel were accordingly called in.

And the said Bill was read a Second Time:

As was likewise read the Petition of several Proprietors of Public Securities, against Part of the Bill.

And Counsel were heard for the Petitioners.

And a Proviso in the Act passed last Session, for preventing Frauds committed by Bankrupts, was read:

And several Witnesses were examined upon Oath, in relation to the transferring of Long Annuities; and as to the Difficulty of Persons disposing of their Properties in the Funds; likewise as to the Times of shutting the Books for making of Dividends; and touching the transacting of Business for Foreigners; and other Matters.

Which done; Counsel were heard for the Bill:

And One of the Petitioners Counsel, by Way of Reply.

They were all directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next; and that the Cause appointed for that Day be put off to the Friday following; and the other Causes on Cause-days removed in Course.

E Cholmondeley takes his Seat.

This Day George Earl of Cholmondeley sat first in Parliament, after the Death of his Father George Earl of Cholmondeley; his Lordship 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.

Sir T. Prendergast's Cause put off:

The House being moved, "To put off the Hearing of the Cause wherein Sir Thomas Prendergast Baronet is Appellant, and Joseph Oshaghnassy and Francis Enraght are Respondents, to Monday Sevennight:"

The same was objected to; notwithstanding the Agent for the Respondents had not delivered to the Clerk, to be distributed to the Lords, the printed Cases, as required by the Standing Order.

After Debate;

The Question was put, "Whether the Hearing of the said Cause shall be adjourned till Monday Sevennight, to be then heard peremptorily?"

It was Resolved in the Affirmative.

Respondents Agent to attend.

Ordered, That the Agent or Solicitor for the said Respondents do attend this House on Monday next.

Continuing Acts, Bill.

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

With a Bill, intituled, "An Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York, except a Clause therein contained; and for continuing an Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and for preventing the cutting or breaking down the Bank of any River, or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine on the Northern Borders of England; and for reviving and continuing certain Clauses in Two other Acts made for the same Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum primum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.