Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 26: April 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol26/pp87-94 [accessed 22 December 2024].
'House of Lords Journal Volume 26: April 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol26/pp87-94.
"House of Lords Journal Volume 26: April 1742, 1-10". Journal of the House of Lords Volume 26, 1741-1746. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol26/pp87-94.
In this section
April 1742, 1-10
DIE Veneris, 2o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Stedman against Stedman.
The Answer of James Stedman Merchant in Kinross, to the Appeal of Janet Stedman his Wife, was brought in.
Anderson against Lauder.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Anderson Merchant is Appellant, and Charles Lauder Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 14th Instant.
Stedman against Stedman.
The like Motion and Order, for hearing the Cause wherein Janet Stedman is Appellant, and James Stedman Respondent, on the First vacant Day for Causes after those already appointed.
Lord Kingston against Damer.
The like Motion and Order, for hearing the Cause wherein James Lord Baron of Kingston in the Kingdom of Ireland is Appellant, and John Damer Esquire Respondent, on the First Day for Causes after the Recess at Easter.
Kircaldy, Duty on Beer, Bill.
A Message was brought from the House of Commons, by Mr. Oswald and others:
With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kircaldy, and Liberties thereof;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Dutchess of Kent & al. Bill.
A Message was brought from the House of Commons, by Mr. Gibbon and others:
To return the Bill, intituled, "An Act for the more effectually carrying into Execution certain Articles of Agreement, made before, and in Consideration of, the Marriage of the Honourable Philip Yorke Esquire with the most Honourable Jemima Marchioness Grey; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.
The said Amendment was read Thrice, and agreed to.
And a Message was sent to the House of Commons, by Mr. Sawyer and Mr. Mountogue, to acquaint them therewith.
Northampton Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by Two Acts of Parliament, One of the Eighth Year of the Reign of Her late Majesty Queen Anne, and the other of the Ninth Year of the Reign of His late Majesty King George the First, for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and the Road from the North Bridge of Newport Pagnel, in the County of Bucks, to The Horseshoe House."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Wyndham & al. to take the Name of O'Brian, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Percy Wyndham Esquire, and other the Devisees of Henry Earl of Thomond and Viscount Tadcaster, deceased, to take and use the Surname of Obrien, pursuant to the Will of the said Earl of Thomond and Viscount Tadcaster."
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 ordered to be sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
Cahuac's Petition to be added to Beaufort's Nat. Bill.
Upon reading the Petition of John Cahuac; praying, That he may be added to the Bill for naturalizing Daniel Beaufort and John Girardot de Chancourt:"
It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.
Then the said John Cahuac took the Oaths appointed, in order to his Naturalization.
Beaufort & al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Beaufort and John Girardot de Chancourt."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Tuesday next, at the usual Time and Place; and to adjourn as they please; and that the Petition of John Cahuac, praying to be added to the said Bill, be referred to the said Committee.
Edward's Petition to be heard by Counsel, on E. Ailesbury's Breach of Privilege concerning selling Trees near Holland House.
Upon reading the Petition of William Edwards Esquire; praying, "That he may be heard, by his Counsel, before the Lords Committees for Privileges, to whom the Complaint of the Earl of Ailesbury, for a Breach of Privilege, in cutting down divers Trees near Holland House, stands referred, in order for the Petitioner to clear himself of the Matter contained in the said Complaint:"
It is Ordered, That the said Petition be referred to the Consideration of the said Committee; and that the Petitioner may be heard, by his Counsel, as desired; as may also Counsel be heard, at the same Time, on Behalf of the said Complaint.
Ordered, That the said Committee do meet, (fn. 1) to take this Matter into Consideration, on Tuesday next; and that Mr. Edward Jones do then attend their Lordships.
E. Carlisle's Bill.
The Earl of Derby reported from the Lords Committees to whom the Bill, intituled, "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," 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 directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
His Majesty's Message concerning the Queen of Hungary.
The Lord Carteret acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships." And the same was read by the Lord Chancellor, and is as follows:
"GEORGE R.
"His Majesty received with the greatest Satisfaction the Assurances given Him by this House, at the Beginning of the Session, of the just Sense they have of the dangerous Situation of Affairs in Europe, arising from the Designs and Enterprizes carrying on for the Subversion of the House of Austria; and of their Zeal and Earnestness in promoting all just and necessary Measures for the Maintenance of the Balance of Power, and for the Assistance of His Allies. His Majesty firmly depends on their unalterable Perseverance in the same Sentiments: And as the late Events in Favour of the Queen of Hungary afford a resonable Prospect of Success; He makes no Doubt but that He shall have the ready Concurrence and Support of this House in concerting such Measures, and forming such Alliances with other Powers, as may be most effectual for the Preservation of the House of Austria, and for restoring the Balance of Power in Europe."
Ordered, That the said Message be taken into Consideration on Monday next; and the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 5o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Horne's Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "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," 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 directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Manuel's Bill.
Ordered, That the Committee to whom the Bill, intituled, "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," stands committed, be revived; and meet To-morrow.
E. Carlisle's Bill:
Hodie 3a vice lecta est Billa, intituled, "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."
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. Thurston and Mr. Mountague:
To carry down the said Bill, and desire their Concurrence thereunto.
Kircaldy, Duty on Beer, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kircaldy and Liberties thereof."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday next, at the usual Time and Place; and to adjourn as they please.
Hungerford & al. Leave for a Bill concerning Bentley's Charity:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Walter Hungerford Esquire and others; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "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 Hamond, late of Change Alley, London, Goldsmith and Banker, deceased."
Leslie against Leslie:
A Petition of James Leslie, of Pitcaple, was presented to the House, and read; setting forth, "That the Appeals of Counts Leslie, to which the Petitioner is Respondent, are appointed, upon the Motion of the Appellants, to be heard the 9th Instant; that this Cause is of the utmost Consequence to the Petitioner, and the Merits thereof depend much upon the Law of Scotland; wherefore he has caused Application to be made to the Lord Advocate, who was Counsel for him below;" and praying, "In regard he cannot be in Town so soon, that the Hearing may be put off till after the approaching Holydays."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Hearing put off.
Ordered, That the Hearing of the said Appeals be put off to the First Day for Causes after the Recess at Easter, to be then peremptorily heard; and that the Cause appointed for that Day be put off to the next Day for Causes.
Address upon the King's Message, concerning the Queen of Hungary.
The Order of the Day being read, for taking into Consideration His Majesty's most Gracious Message, relating to the Preservation of the House of Austria, delivered to this House on Friday last:
The said Message was read, by the Clerk.
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for the great Care and Concern which He is pleased to express, in this critical and dangerous Conjuncture, for the Preservation of the House of Austria, and for restoring the Balance of Power in Europe, wherein the Honour, Trade, and Safety, of these Kingdoms are so nearly interested.
To declare our firm Resolution to persevere in those Principles of Duty, Fidelity, and Affection, to His Majesty, and in that Zeal for the common Cause, which this House has so often unfeignedly professed.
And to give His Majesty the strongest Assurances, that we will vigorously and chearfully support His Majesty, in concerting such Measures, and forming such Alliances with other Powers, as may be most effectual for attaining those great and desirable Ends expressed in His most Gracious Message."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 6o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Norfolk & al. against Sir Alex. Murray & al.
The Answer of Sir Alexander Murray Baronet and others, Creditors of the said Sir Alexander, to the amended Appeal of Thomas Duke of Norfolk and others, was brought in.
D. Grafton's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "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," 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.
Beaufort & al. Nat. Bill.
The Lord Delawarr made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Daniel Beaufort and John Girardot de Chancourt," was committed:
And the like Order was made.
Manuel's Bill.
His Lordship also reported from the Lords Committees to whom the Bill, intituled, "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," 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 directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Horne's Bill:
Hodie 3a vice lecta est Billa, intituled, "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."
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. Thurston and Mr. Mountague:
To carry down the said Bill, and desire their Concurrence thereunto.
King's Answer to Address about the Queen of Hungary.
The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House Yesterday; and that His Majesty was pleased to say, He thanks the House, for this dutiful and affectionate Address; and takes the greatest Satisfaction in their seasonable Zeal for the Support of the House of Austria, and of the Balance of Power in Europe."
Ordered, That His Majesty's most Gracious Message to this House on Friday last, the Address of this House to His Majesty thereupon, and His Majesty's most Gracious Answer to the said Address, be forthwith printed and published.
Bentley's Charity, Bill.
Hodie 2a vice lecta est Billa, intituled, "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."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday the 21st Day of this Instant April, at the usual Time and Place; and to adjourn as they please.
D. of Norfolk & al. against Murray & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Duke of Norfolk and others are Appellants, and Sir Alexander Murray and others Respondents:"
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.
Officers in the House of Commons, limiting, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better securing the Freedom of Parliaments, by limiting the Number of Officers in the House of Commons."
Moved, "To commit the Bill."
Which being objected to;
And long Debate thereupon:
The Question was put, "Whether the said Bill shall be committed?"
It was Resolved in the Negative.
Protest against rejecting it.
"Dissentient.
"Shaftesbury.
Berkshire.
Oxford & Mortimer.
Ward.
Bristol.
Thanet.
Coventry.
Sandwich.
Ailesbury.
Mansel.
Gower.
Litchfield.
Foley.
Northampton.
Leigh.
Boyle.
Macclesfield.
Carlisle.
Aylesford.
Bridgewater.
Beaufort.
Bathurst.
Romney.
Ordered, That the said Bill be rejected.
Standing Order for clearing the House, Consideration of, refused.
Moved, "That the Standing Order of this House, of the 25th of January 1720, requiring the Lord on the Woolfack to stop the reading the Order of the Day for taking any Public Business into Consideration, till the House should be cleared of Persons who had no Right to be there, be taken into Consideration on Thursday next."
Which being objected to;
The Question was put thereupon.
And it was Resolved in the Negative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Roffen. Epus. Hereford. Epus. Sarum. Epus. Meneven. Epus. Carliol. Epus. Asaphen. Epus. Norwic. Epus. Landavens. |
Ds. Hardwicke, Cancellarius. Dux Cleveland. Dux Beaufort. Dux Devon. Dux Newcastle. Dux Bridgewater. March. Lothian. Comes Derby. Comes Pembroke. Comes Northampton. Comes Denbigh. Comes Westmorland. Comes Winchilsea. Comes Thanet. Comes Sandwich. Comes Anglesey. Comes Carlisle. Comes Shaftesbury. Comes Litchfield. Comes Coventry. Comes Jersey. Comes Sutherland. Comes Loudoun. Comes Findlater. Comes Ilay. Comes Oxford. Comes Rockingham. Comes Aylesford. Comes Halifax. Comes Stanhope. Comes Harborough. Comes Pomfret. Comes Fitzwalter. Comes Malton. Viscount Fauconberg. Viscount Lonsdale. Viscount Falmouth. Viscount Harcourt. |
Ds. Carteret, Unus Primariorum Secretariorum. Ds. Delawarr. Ds. Dudley. Ds. Willoughby Par. (fn. 2) Ds. Clifton. Ds. Brooke. Ds. Leigh. Ds. Ward. Ds. Gower. Ds. Somerville. Ds. Boyle. Ds. Mansel. Ds. Foley. Ds. Bathurst. Ds. Romney. Ds. Ducie. Ds. Monson. Ds. Raymond. |
PRAYERS.
Denham against Baillie, et è contra.
After hearing Counsel, in Part, in the Cause wherein Archibald Denham, alias Stewart, Advocate, is Appellant, and Alexander Baillie, alias Denham, Respondent:
It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow.
D. Grafton's Bill.
Hodie 3a vice lecta est Billa, intituled, 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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Manuel's Bill:
Hodie 3a vice lecta est Billa, intituled, "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."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Beaufort & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Beaufort, John Girardot de Chancourt, and John Cahuac."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Three preceding Bills.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Burroughs:
To carry down the said Bills, and desire their Concurrence to them.
D. Cleveland takes the Oaths.
This Day William Duke of Cleveland and Southampton took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 8o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Denham against Baillie; et è contra.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Archibald Denham, alias Stewart, Advocate; complaining of several Interlocutors of the Lords of Session in Scotland, of the 15th of December 1737, the 12th of July 1738, the 16th of January 1739/40, and the 23d of December 1740, made on the Behalf of Alexander Baillie, alias Denham; and praying, "That the same might be reversed:" As likewife upon the Cross Appeal of the said Alexander Denham; complaining of other Interlocutors of the same Lords, of the 15th of July 1737, the 13th of July 1739, and the 19th of January 1741, made on the Behalf of the said Archibald Denham; and praying, "That the said last mentioned Interlocutors might be reversed:" As also upon the Answer of the said Alexander Denham put in to the Original Appeal; and the Answer of the said Archibald Denham put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Original and Cross Appeals be, and are hereby, dismissed this House; and that the said several Interlocutors therein complained of be, and the same are hereby, affirmed.
Viscount Weymouth's Privilege, Committee put off.
Ordered, That the Sitting of the Lords Committees for Privileges, to whom the Matter of the Complaint of the Lord Viscount Weymouth, of a Breach of Privilege, by several Persons, in cutting down Trees and Wood in North Wood, in the County of Hereford, stands referred, be put off, from Monday next, to that Day Three Weeks, being the 3d Day of May next.
Standing Order relating to the Poor's Box, Motion for enforcing.
The House was moved, "That the Standing Order, requiring Sums of Money to be paid for the Poor, by such Lords as come after Prayers, as well as those who come not at all, may be now read."
The same was read accordingly.
Then it was moved, "That the Clerk do provide a Poor's Box against the next Sitting of the House."
The same was objected to.
And a Question being stated thereupon:
It was moved, "That the House do now adjourn to Monday next, at 11 o'Clock."
After Debate;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.