House of Lords Journal Volume 26: June 1742, 11-20

June 1742, 11-20

DIE Veneris, 11^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of King's Bench fat Speaker, by Virtue of a former Commission.

Bank Annuities, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of Eight Hundred Thousand Pounds, to be raised by Annuities, transferrable at the Bank of England; and for ascertaining the Customs and Duties upon Quicksilver taken as Prize during the present War; and for the further appropriating the Supplies granted in this Session of Parliament."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.

Then, in order for the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed by Authority to be observed as an Anniversary Thanksgiving, for His Majesty's happy Accession to the Crown;

Adjourn.

Judex Primarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quartum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 14^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bp. of St. Davids, for his Sermon.

Ordered, That the Thanks of this House be, and they are hereby, given to the Lord Bishop of St. Davids, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Bank Annuities, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty the Sum of Eight Hundred Thousand Pounds, to be raised by Annuities, transferrable at the Bank of England; and for ascertaining the Customs and Duties upon Quicksilver taken as Prize during the present War; and for the further appropriating the Supplies granted in this Session of Parliament."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Ellam against Marquand; and Walker against Hankey; Writs of Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error; wherein

Peter Ellam is Plaintiff, against Charles Marquand Defendant:

And John Walker Esquire is Plaintiff, against Sir Joseph Hankey Knight and Thomas Hankey, Defendants.

Against assisting Prisoners to escape, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Consinement;" and for the Judges to attend their Lordships:

It is Ordered, That the House be put into a Committee upon the said Bill on Friday next; and that the Judges do then attend.

Against destroying Fish Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the more effectually punishing Persons who shall unlawfully and maliciously kill, poison, destroy, or steal, any Fish kept in Ponds, Pits, or Stews; and for preventing the unlawful taking of Fish out of any River, Brook, or Water-course:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Woollen Cloth, to prevent stealing of, Bill.

Whereas To-morrow is likewise appointed, for the House to be in a Committee upon the Bill, intituled, An Act for the more effectual preventing any Cloth or Woollen Goods remaining upon the Rack or Tenters, or any Woollen Yarn or Wool lest out to dry, from being stolen or taken away in the Night-time:"

It is Ordered, That the House be put into a Committee thereupon, on Friday next.

Sherriff against Donovan & al. et é contra.

After hearing Counsel in Part, in the Cause wherein Samuel Sherriff Gentleman is Appellant, and Jeremiah Donovan and others are Respondents, et é contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 15^o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bank Annuities, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of Eight Hundred Thousand Pounds, to be raised by Annuities, transferrable at the Bank of England; and for ascertaining the Customs and Duties upon Quicksilver taken as Prize during the present War; and for the further appropriating the Supplies granted in this Session of Parliament."

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. Spicer and Mr. Edwards:

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

Sherriff against Donovan & al. et é contra.

After hearing Counsel further, in the Cause wherein Samuel Sherriff Gentleman is Appellant, and Jeremiah Donovan Esquire and others are Respondents, et é contra:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Cause appointed for that Day be put off to Monday next; and the other Causes removed in Course.

E. of Anglesey against Annesley.

Upon reading the Petition and Appeal of Richard Earl of Anglesey; complaining of an Order of the Court of Chancery in Ireland, of the 31st of May last, made upon an Application of Charles Annesley Esquire, in Pursuance of a Judgement of this House, this Session of Parliament, affirming a Decree of the said Court, in a Cause between the Appellant and the said Charles Annesley; and praying, "That the said Order may be reversed and set aside; and that the said Charles Annesley may be appointed a short Day to answer the said Appeal; and that the Appellant may have such other Relief as to their Lordships in their great Wisdom shall seem meet:"

It is Ordered, That the said Charles Annesley may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 20th Day of July next; and that Service of this Order on his Six Clerk be deemed good Service.

Holsten, Nat. Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing Peter Holsten," stands committed, be revived; and meet To-morrow.

Adjourn.

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

DIE Mercurii, 16^o Junii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Messages from H. C. to return Rolt's Bill:

A Message was brought from the House of Commons, by the Lord Dupplin and others:

To return the Bill, intituled, "An Act for Sale of Part of the Estates of Edward Bayntun Rolt Esquire, to raise Money, for the Payment of Debts affecting the same, and of Portions for his Younger Brothers and Sister, charged thereon by the Settlement of their Uncle John Bayntun Esquire, deceased, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Duke of Leed's Bill;

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

To return the Bill, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife; and for creating a new Power instead thereof; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

and Lucas's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estate of Robert Lucas Esquire and Mary his Wife in Trustees, to be sold; and for applying Part of the Money arising by such Sale in the Purchase of an Estate contracted for, in order to be settled, together with other Lands of the said Robert Lucas, as an Equivalent for the said settled Estate, and to the like Uses;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The Amendments to the Two last mentioned Bills, being severally read Thrice, were agreed to.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Spicer and Mr. Edwards, to acquaint them therewith.

Holsten's Nat. Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Peter Holsten," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; 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.

Message from H. C. to return Justices of Corporations to commit Offenders, Bill.

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

To return the Bill, intituled, "An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Corporation is situate;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The 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 and the Duke of Cumberland, also in their Robes, sitting in their respective Places; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod 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 Speech to His Majesty, in relation to the Money Bills and other Matters, 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 establishing an Agreement with the Governor and Company of the Bank of England, for advancing the Sum of One Million Six Hundred Thousand Pounds, towards the Supply for the Service of the Year One Thousand Seven Hundred and Fortytwo."

"2. An Act for granting to His Majesty the Sum of Eight Hundred Thousand Pounds, to be raised by Annuities transferrable at the Bank of England; and for ascertaining the Customs and Duties upon Quicksilver, taken as Prize during the present War; and for the further appropriating the Supplies granted in this Session of Parliament."

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

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

"3. An Act to exclude certain Officers from being Members of the House of Commons."

"4. An Act to indemnisy Persons, who have omitted to qualify themselves for Offices, Employments, and Promotions, within the Time limited by Law; and for allowing further Time for that Purpose."

"5. An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Corporation is situate."

"6. An Act to prevent the counterseiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread."

"7. An Act for enlarging the Term and Powers granted by an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the several Roads, leading from the Town of Ledbury, in the County of Hereford, to the several Places therein mentioned; and for making the said Act more effectual."

"8. An Act to explain and amend Two Acts of Parliament; one, made in the Ninth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways from Sheet Bridge, in the Parish of Petersfield, to the Town of Portsmouth, in the County of Southampton; and another Act, made in the Twelfth Year of the Reign of His late Majesty King George the First, for enlarging the Term in and by the said Act granted, and for other Purposes therein mentioned; and for enlarging the Term and Powers by the said last mentioned Act granted."

"9. An Act for enlarging the Term and Powers granted by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Roads leading from Cirencester Town's End, to Saint John's Bridge, in the County of Gloucester."

"10. An Act for continuing the Powers granted by Three several Acts of Parliament; one, for repairing the Road from Stump Cross to Newmarket Heath, and the Town of Cambridge; another, for repairing the Road from Foulmire to Cambridge; and the Third, for explaining, amending, and rendering more effectual, the said Two former Acts; and for enlarging the Terms granted by the said Two former Acts."

"11. An Act to render more effectual an Act, made in the Ninth and Tenth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for erecting Hospitals and Work-houses within the Town of Colchester, in the County of Essex, for the better employing and maintaining the Poor thereof."

"12. An Act for securing to John Byrom Master of Arts the sole Right of publishing, for a certain Term of Years, the Art and Method of Short Hand invented by him."

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

"Le Roy le veult."

"13. An Act for Sale of certain Pieces or Parcels of Ground, Messuages, and Buildings, at Park Place, in the Parish of Saint James, in the County of Middlesex, Part of the settled Estate of Charles Duke of Grafton; and for settling other Lands to the same Uses, in Lieu thereof."

"14. An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife, and for creating a new Power instead thereof; and for other Purposes therein mentioned."

"15. An Act for the Sale of Two Closes of Meadow Ground, in West Harnham, in the County of Wilts, being the settled Estate of John Horne, to Henry Earl of Pembroke and his Heirs; and for laying out the Money arising by such Sale in the Purchase of another Estate, to be settled in Lieu thereof."

"16. An Act to empower Henry Earl of Carlisle to make Leases of Coal Mines and Coal Works, lying within his settled Estates, in the County of Northumberland, for any Term not exceeding Ninety-nine Years."

"17. An Act for vesting all the Manors, Towns, Lands, Chiefries, Fee-farm Rents, and other Hereditaments whatsoever, in the several Counties of Lowth, Meath, and Sligoe, and elsewhere, in the Kingdom of Ireland, late the Estate of Francis Earl of Carlingford, deceased, in Trustees, to be sold, for the Payment of his Debts, and other Purposes therein mentioned."

"18. An Act for vesting the several Castles, Manors, Towns, Lands, and Hereditaments, of Mountague Lord Viscount Blundell, in the County of Down, in the Kingdom of Ireland, in Trustees, for raising, after the Death of the said Viscount, the Sum of Ten Thousand Pounds, for the Portion of Mary Lady Raymond his Daughter; and for other Purposes therein mentioned."

"19. An Act to enable James Cavendish Esquire, commonly called Lord James Cavendish, to take, in Great Britain, the Oath of Office, as Auditor General of His Majesty's Revenues in the Kingdom of Ireland, and to qualify himself for the Enjoyment of the said Office."

"20. An Act to prevent Sir Job Brooke Baronet, a Lunatick, from marrying during his Lunacy."

"21. An Act for confirming certain Estates in the County of Hertford, heretofore mortgaged by Sir Charles Buck Baronet, deceased, to the Trustees of Fulke Greville Esquire, during his Minority, to him and his said Trustees, discharged from the Equity of Redemption, which the Infant Son and Heir of the said Sir Charles Buck now hath therein, and in full Satisfaction for Principal and Interest due thereon; and for other Purposes therein mentioned."

"22. An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during the Minority of his Son Sir John Pole."

"23. An Act for vesting Part of the Marriage Portion of Mary late Wife of John Walcot Esquire, and also Part of his settled Estate, in Trustees, for raising Money, to pay Debts; and for securing an Equivalent for the same, for the Benefit of his Heir Male."

"24. An Act for Sale of several settled Estates of Walter Radcliffe Esquire, lying in the County of Devon; and for laying out the Monies arising from such Sale in the Purchase of other Lands, in the said County of Devon, of equal Value, to be settled to the same Uses, in Lieu thereof."

"25. An Act for Sale of certain Estates of Valentine Knightley Esquire, in the County of Northampton; and for settling another Estate, in the same County, to the same Uses, in Lieu thereof."

"26. An Act for vesting the settled Estate of Michael Harvey Esquire, in the County of Leicester, in Trustees, to be sold; and for applying the Money arising by such Sale, for discharging the Encumbrances affecting his Estate in the County of Surrey; and for settling that Estate in Lieu of the Leicestershire Estate, and to the same Uses."

"27. An Act for confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John Bentley Esquire, deceased, of the undivided Sixth Part of Fickets Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptcy awarded against William Hammond, late of Change Alley, London, Goldsmith and Banker, deceased."

"28. An Act for settling certain Messuages, Lands, and Hereditaments, in Great Driffield, in the County of York, Part of the Estate of James Manuel, late of New Malton, in the same County, deceased, to the Uses mentioned in certain Articles of Agreement, made between the Widow and the Daughters and Coheirs of the said James Manuel."

"29. An Act for vesting Part of the settled Estate of Robert Lucas Esquire and Mary his Wife in Trustees, to be sold; and for applying Part of the Money arising by such Sale in the Purchase of an Estate contracted for, in order to be settled, together with other Lands of the said Robert Lucas, as an Equivalent for the said settled Estate, and to the like Uses."

"30. An Act to enable William Northey, an Infant, to settle Lands, Tenements, and Hereditaments, in the County of Wilts, for the Benefit of himself and any Woman he shall marry, and their Issue, notwithstanding his Infancy; and for other Purposes therein mentioned."

"31. An Act for dividing and enclosing the Common Fields, Lawnd, Wastes, and Unenclosed Grounds, within the Manor and Parish of Wootton Underwood, in the County of Bucks; and for the making effectual certain Exchanges therein mentioned."

"32. An Act for confirming and establishing an Exchange agreed to be made, of certain Lands, in the Parish of Sutton, in the County of Bedford, between Sir Roger Burgoyne Baronet, Lord of the Manor, and Doctor Crane Rector of the Church, of Sutton, in order to promote and facilitate the Enclosure of the Common Fields and Common Grounds in the said Parish; and for securing to the said Rector an Equivalent for his Tithes arising in the said Parish of Sutton."

"33. An Act to enable John Dashwood and William Payne Esquires, and their respective Issue Male, and other the Devisees of the Estate of John King Doctor in Divinity, deceased, to take and use the Surname of King only, according to the Direction of the Codicil of the Will of the said Doctor King."

"34. An Act for dividing and enclosing, setting out and allotting, certain Common Fields and Enclosures, within the Manor and Parish of Aston Cantlow, in the County of Warwick."

To these Bills the Royal Assent was, severally, pronounced, 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.

Hearing of Causes limited.

Ordered, That this House will hear no more Causes this Session of Parliament, after the Appeal between Bettridge Badham Appellant, and Thomas Odell Respondent, except the Writs of Error between Peter Ellam Plaintiff in Error, and Charles Marquand Defendant; and between John Walker Plaintiff in Error, and Sir Joseph Hankey and Thomas Hankey Defendants, in Case the said Writs of Error shall be ready to be argued before the End of the Session.

Sherriff against Donovan & al. et é contra:

After hearing Counsel, as well on Monday last, as Yesterday and this Day, upon the Original Appeal of Samuel Sherriff Gentleman; complaining of a Decree or Order of the Court of Chancery in Ireland, of the 10th of June 1741, made in certain Causes there depending, wherein Jeremiah Donovan was Plaintiff, and the Appellant Defendant; and wherein the Appellant was Plaintiff, and the said Jeremiah Donovan and others were Defendants; and praying, "That the said Decree, or Order, might be reversed; and that the said Appellant might be relieved, as to the House in their great Wisdom should seem meet:" As also upon the Cross Appeal of the said Jeremiah Donovan; complaining likewise of the said Decree or Order; and praying, "That the same might be varied and enlarged; and that the said Cross Appellant might have such other Relief, as to the House in their great Wisdom should seem meet:" And likewise upon the Answer of the said Jeremiah Donovan put in to the said Original Appeal, and the Answer of the said Samuel Sherriff put in to the said Cross Appeal; and due Consideration had of what was offered on either Side in these Causes:

Judgement.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, at the End of the said Decree, or Order, these Words be added; (videlicet,) "and that the Consideration of all further Directions, as well relating to the Assignments of the said Anne Cusack's Debt, and the said John Pike's Debt, in the Pleadings mentioned, as to all other Matters in Question between the Parties in these Causes, be reserved till after the Trial directed by the said Court shall be had:" And it is hereby Ordered and Adjudged, That the said Decree, or Order, with this Addition, be affirmed.

Against assisting Prisoners to escape, Bill.

Whereas Friday next is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Consinement;" and for the Judges to attend their Lordships:

It is Ordered, That the House be put into a Committee upon the said Bill, on Monday next; and that the Judges do then attend; and that the Cause appointed for that Day be put off to the next Day.

Against destroying Fish, Bill.

Whereas Friday next is appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the more effectually punishing Persons who shall unlawfully and maliciously kill, poison, destroy, or steal, any Fish kept in Ponds, Pits, or Stews; and for the preventing the unlawful taking of Fish out of any River, Brook, or Water-course:"

It is Ordered, That the House be put into a Committee thereupon, on Monday next.

Woollen Cloth, to prevent destroying of, Bill.

Whereas Friday next is likewise appointed, for the House to be in a Committee on the Bill, intituled, "An Act for the more effectual preventing any Cloth or Woollen Goods remaining on the Rack or Tenters, or any Woollen Yarn, or Wool lest out to dry, from being stolen or taken away in the Night Time:"

It is Ordered, That the House be put into a Committee thereupon, on Monday next.

Adjourn.

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