House of Lords Journal Volume 26: December 1741, 11-20

December 1741, 11-20

DIE Veneris, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Aylesbury takes his Seat:

Lords sworn.

This Day Charles Earl of Aylesbury sat first in Parliament, after the Death of his Father Thomas Earl of Aylesbury; his Lordship having, together with Brownlowe Earl of Exeter, James Earl of Findlater, Heneage Earl of Aylesford, and Samuel Lord Masham, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ld. Montfort's Petition referred to Judges.

Upon reading the Petition of Henry Lord Montfort; praying Leave to bring in a Bill, for Sale of a settled Estate, in the Counties of Worcester and Sallop, discharged of the Uses and Limitations of the Settlement thereof, to such Persons as shall become Purchasers of the same; and to lay out the Money arising by such Sale in the Purchase of other Lands, to be settled to the Uses of the said Settlement:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Parker; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who 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.

Vernon against Vernon.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jane Vernon Widow is Appellant, and Captain John Vernon and others are Respondents:"

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

E. Sutherland against Ross et al.

Upon reading the Petition and Appeal of William Earl of Sutherland; complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of July 1740, and of their Adherence thereto, the 24th of June 1741, made on the Behalf of Alexander Ross and William Anderson; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Alexander Ross and William Anderson may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 8th Day of January next; and that Service of this Order on their respective Agents or Procurators be deemed good Service.

Mackye against M^cEwen.

Upon reading the Petition and Appeal of John Mackye of Palgown Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th of July last, made on the Behalf of John Mac Ewen; and praying, "That the same may be reserved; and that the Appellant may have such Relief as to their Lordships shall seem meet:"

It is Ordered, That the said John Mac Ewen may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before the 8th Day of January next; and that Service of this Order on his Agents before the Court of Session be deemed good Service.

Sherriff against Donovan.

Upon reading the Petition and Appeal of Samuel Shirriff Gentleman; complaining of a Decree or Order of the Court of Chancery in Ireland, of the 10th of June 1741, made in a Cause wherein Jeremiah Donovan was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed; and that the said Jeremiah Donovan and William Vesey, Ann Cusack, and Joseph Bullen, may answer the said Appeal; and that the Appellant may be relieved, as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said several Persons last mentioned may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of January next; and that Service of this Order on their Clerks in Court be deemed good Service.

Account of Corn, &c. exported.

The House being informed, "That Mr. Oxenford, from the Custom-house, attended."

He was called in; and delivered, at the Bar, pursuant to a Clause in an Act passed the last Session of Parliament, for prohibiting the Exportation of Corn, Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon,

"An Account of those Commodities exported to any Place whatsoever, between Christmas and 29th Day of September."

And then he was directed to withdraw.

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

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

Capt. Vernon & al. peremptorily to answer Thwaites's Appeal.

The House being informed, "That Captain John Vernon, Edward Vernon, George Venables Vernon, Mary Vernon, and Elizabeth Carter, have not put in their Answers to the Appeal of Ephraim Thwaites and Ann his Wife, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, made by John Igoe, Clerk to Mr. Samuel John, of Lyon's Inn, in the County of Middlesex, of the due Service of the said Order, being read:

Ordered, That the Respondents do peremptorily put in their Answer thereunto, in a Week.

Sir J. Bellew to revive his Appeal.

Upon reading the Petition of Sir John Bellew Baronet, an Infant, Eldest Son and Heir of Sir Edward Bellew, by his next Friend Dame Elenor Bellew, Widow and sole Executrix of the last Will and Testament of the said Sir Edward, and of the said Dame Elenor; praying, "In regard the said Sir Edward is lately dead, that his Appeal may be revived against the several Respondents thereto; and that the Petitioners may stand as Appellants in the Place of the said Sir Edward, and have the same Benefit of the Appeal as if he was now living:"

It is Ordered, That the said Appeal be revived accordingly.

Adjourn.

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

DIE Mercurii, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thwaites against Vernon & al.

The Answers of Captain John Vernon of Clontarffe in the Kingdom of Ireland, George Venables Vernon Esquire, the Reverend Edward Vernon Clerk, and Elizabeth Carter Spinster, to the Appeal of Ephraim Thwaites and others;

Were brought in.

Account of prohibited East India Goods, &c. delivered.

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

They were called in; and delivered, at the Bar, in Pursuance of certain Acts of Parliament,

"The Report of the said Commissioners; with an Account of prohibited East India Goods, and Naval Stores imported, from Michaelmas 1740, to Michaelmas 1741."

And then they were directed to withdraw.

And the Titles of the said Accounts and Report were read, by the Clerk.

Ordered, That the same do lie on the Table.

Account of Corn, &c. exported from Scotland delivered.

The House being informed, "That Mr. Bowles, Agent for the Commissioners of the Customs for Scotland, attended:"

He was called in; and delivered, at the Bar,

"An Account of Corn, Grain, Meal, Malt, &c. exported from Scotland."

And then he was directed to withdraw.

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

Ld. Chancellor to write Letters to absent Lords.

Ordered, That the Lord Chancellor do write Letters to all the Lords, requiring their Attendance in this House on Tuesday the 19th Day of January next, when the State of the Nation is ordered to be taken into Consideration.

Address for the Number of Land Forces, Ships, &c.

Ordered, That an humble Address be presented to His Majesty; desiring, "That He would be graciously pleased to order the proper Officers to lay before this House, an Account of the Number of Land Forces now in the Pay of Great Britain; distinguishing the several Regiments, and the Numbers whereof they consist on the Establishment; the Places in which, and the Services whereon, they are now respectively employed.

"Also, a List of the General Officers, and an Account where they are respectively employed.

"Also, a List of all His Majesty's Ships of War that are now in Commission; distinguishing the several Services in which they are at present employed.

"Also, a List of the Admirals of His Majesty's Fleet; with an Account where they are respectively employed.

"And also, a List of the Officers belonging to the Establishment of Minorca; distinguishing which of them are upon the Place, and which of them (if any) are absent."

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

Butler peremptorily to answer Mercer's Appeal.

The House being informed, "That John Butler Son and Heir, and John Butler the Executor, of Thomas Butler Esquire, deceased, have not put in their Answer to the amended Appeal of Robert Mercer Gentleman, though duly served with the Order of this House for that Purpose:"

And thereupon, an Affidavit made by Bartholomew O'Neale of the City of Dublin Yeoman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer thereunto, in a Week.

Naughton against Reynolds et al.

Upon reading the Petition and Appeal of Laughlin Naughton Gentleman; complainining of a Decree of Dismission of the Court of Exchequer in Ireland, of the 24th Day of April 1738, made in a Cause wherein the Appellant was Plaintiff, and Edwin Sandys Reynolds, John Staunton, Executor of John Staunton Esquire, deceased, Robert Le Strange Clerk, and Edward Hudson, Executors of Leonard Hudson Clerk, deceased, and Thomas Hudson Eldest Son and Heir of the said Leonard Hudson, were Defendants; and praying, "That the said Decree may be reversed; and that the Appellant may have such further and other Relief as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 20th Day of January next; and that Service of this Order on their Attorney or Attornies in the said Court of Exchequer be deemed good Service.

Meighan to enter into Recognizance for Sherriff.

The House being moved, "That Patrick Meighan Bookseller may be permitted to enter into a Recognizance for Samuel Shirriff, on account of his Appeal depending in this House; he being in Ireland:"

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

Adjourn.

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

DIE Veneris, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address, for the Number of Land Forces, &c.

The Earl of Fitzwalter reported, "That the Lords with White Staves had (pursuant to the Order of Wednesday last) presented to His Majesty the Address of this House, for an Account of the Number of Land Forces in the Pay of Great Britain, and List of the General Officers; also, Lists of all His Majesty's Ships of War in Commission, and of the Admirals of the Fleet; and also, a List of the Officers belonging to the Establishment of Minorca: And that His Majesty was pleased to say, He would order the said Account and Lists to be laid before the House accordingly."

Ld. Bathurst sworn.

Allen Lord Bathurst took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Count Leslie against Leslie.

Upon reading the Petition and Appeal of Charles Cajetan Count Leslie; complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of February last; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet; and that James Leslie, of Pitcaple, Leopoldus Count Leslie, Antonius Count Leslie, and Carolus Count Leslie, the Appellant's Sons, may be required to answer the said Appeal:"

It is Ordered, That the Parties last mentioned may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of January next; and that Service of this Order on the respective Procurators or Agents of the said Respondents be deemed good Service.

Leslie against Count Leslie.

Upon reading the Petition and Appeal of Leopoldus Count Leslie, Eldest Son and Heir of Charles Cajetan Count Leslie; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 20th of February last; and of another Interlocutor of the said Lords, of the 27th of the same Month; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to the House, in their great Wisdom shall seem meet; and that Charles Cajetan Count Leslie, Antonius Count Leslie, and Carolus Count Leslie, his Sons, and also James Leslie of Pitcaple, may answer the said Appeal:"

It is Ordered, That the Parties last mentioned may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of January next; and that Service of this Order on the respective Procurators or Agents of the said Respondents be deemed good Service.

Leslie against Count Leslie.

Upon reading the Petition and Appeal of Antonius Count Leslie, Second Son of Charles Cajetan Count Leslie; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 20th of February last; and of another Interlocutor of the said Lords, of the 27th of the same Month; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to the House in their great Wisdom shall seem meet; and that Charles Cajetan Count Leslie, Leopoldus Count Leslie, and Carolus Count Leslie, his Sons, and James Leslie of Pitcaple, may be required to answer the said Appeal:"

It is Ordered, That the Parties last mentioned may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of January next; and that Service of this Order on the respective Procurators or Agents of the said Respondents be deemed good Service.

Edgar against Maxwell.

Upon reading the Petition and Appeal of Theodore Edgar, Grandson of Alexander Johnston of Estriesheils; complaining of an Interlocutor of the Lords of Session in Scotland, of the 6th of July 1736; and of another Interlocutor of the same Lords, of the 31st of the same Month, made on the Behalf of James Maxwell; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said James Maxwell may have a Copy of the said Appeal; and do put in his An swer thereunto, in Writing, on or before Friday the 15th Day of January next; and that Service of this Order on his Procurator or Agent be deemed good Service.

E. Anglesey against Annesley.

The House being informed, "That a Person attended, in order to deliver in certain Papers, Pleadings, and Proceedings, in the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent:"

He was called in; and delivered, at the Bar, several Pleadings and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Proceedings of Commissioners Westminster Bridge delivered.

The House was also informed, "That Sir Joseph Aylosse, from the Commissioners for building a Bridge at Westminster, attended."

He was called in; and delivered, at the Bar,

"A State of the Proceedings of the said Commissioners, from the 19th November 1740, to 18th November 1741, both inclusive."

Also, "Contracts made by the said Commissioners, from 19th November 1740, to 18th November 1741, both inclusive."

And also, "Accompts of the Treasurer of the said Commissioners, from 29th September 1740, to 29th September 1741."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, were read.

Ordered, That the same do lie on the Table.

Address for Orders to Admiral Haddock and Sir John Norris;

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Orders and Instructions given to Rear Admiral Haddock, since the 24th of June 1740, for committing any Hostilities against, or in any wise relating to, the Crown of Spain.

"Also, Copies of all Orders and Instructions given to Sir John Norris, in the Years 1740 and 1741, for committing any Hostilities against, (fn. 1) or in any wise relating to, the Crown of Spain.

and for Accounts from Admiral Vernon and General Wentworth.

"And also, all the Accounts that have been transmitted, by Vice Admiral Vernon and Major General Wentworth, to His Majesty's Principal Secretary of State, or the Commissioners of the Admiralty, relating to the Attempt upon Carthagena, and to the Operations of His Majesty's Sea and Land Forces in that Enterprize, and the Resolutions of the Councils of War concerning the same."

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

Account of Cruizers to be brought.

Ordered, That the Commissioners of the Admiralty do lay before this House, an Account of His Majesty's Ships of War, which have been employed, since the Commencement of the present War with Spain, as Cruizers, for the Protection of the Trade of this Kingdom; the Stations of such Ships, and how long ordered to continue thereon; with the Times of their going to Sea, and their returning into Port; when such Ships were cleaned, and which of them tallowed, and when, respectively; together with Copies of the Journals of the Commanders of His Majesty's Ships of War so employed.

Account of Ships built in Private Yards;

Also, an Account of the Ships of War and other Vessels built in Private Yards, for His Majesty's Service, since the 10th of July 1739; distinguishing the Times when contracted for, and when launched; when first put to Sea, and on what Services employed.

and Account of Ships, &c. purchased.

And also, an Account of the Ships and Vessels purchased, for His Majesty's Service, since the 10th of July 1739; distinguishing the Times when purchased, when first put to Sea, and on what Services employed.

Adjourn.

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