House of Lords Journal Volume 21: July 1721, 1-10

July 1721, 1-10

DIE Martis, 4^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

City of London, against the Bill for explaining Bankrupt Laws.

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; setting forth, "That if the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts," should pass into a Law, the Petitioners are apprehensive the same will greatly affect, and prove highly prejudicial to, the Trade and Credit of this City, and of all other Trading Places within His Majesty's Dominions;" and praying to be heard, by their Counsel, against the said Bill, as it now stands, before the passing thereof:

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, by their Counsel, according to the Prayer of the said Petition.

Bankrupt Laws, for explaining, Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts;" and for some of the Judges to attend; being read:

It is Ordered, That the House be put into a Committee thereupon, on Thursday next; and that some of the Judges do then attend.

Gwyn's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Richard Gwyn Gentleman, in the County of Brecon, for Payment of Debts; and for the settling of an Estate, in the County of Carmarthen, to certain Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Fellows and Mr. Edwards:

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

Edgworth versus Giffard.

A Petition of Edward Edgworth Esquire, Appellant in a Cause depending in this House, to which Thomas Giffard Esquire is Respondent, was presented to the House, and read; praying, "That the Hearing the said Cause, which stands for Friday next, may be put off for some Time, in regard the Petitioner's Deeds and Exhibits relating to the Estate in Question, which, by Order of this House of the Twelfth of June last, were to be delivered to the Petitioner's Agent, in order to be produced at the said Hearing, are not yet arrived from Ireland."

And thereupon the Petitioner was called in; and examined, upon Oath, at the Bar, touching the Notice given to the other Side, pursuant to the Standing Order.

And being withdrawn:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Fourteenth Day of this Instant July, at Eleven a Clock.

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

A Message from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act for the Sale of the Manor of Radwell, and other the Estate of Robert Bell Esquire and Richard Bell his Son, in Radwell and Norton, in the County of Hertford; and for purchasing other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment."

Jale's Nat. Bill:

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Frederic Jales," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then the said Bill was read the Third Time.

And the Question being 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. Fellows and Mr. Edwards:

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

Sweet versus Anderson:

The House being informed, "That Anthony Pennefather attended, on Behalf of Stephen Sweet Esquire, Appellant in a Cause depending in this House, to which Alexander Anderson is Respondent, with several Papers; and that the said Pennefather, having Occasion to be absent, desired now to prove the said Papers to be true Copies:"

Pleadings proved.

He was thereupon called in; and delivered several Papers at the Bar, and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals in the Court of Exchequer in Ireland."

And then he withdrew.

E. Coningesby versus Rodd, Lingen, et al. for Breach of Privilege.

A Petition of Thomas Earl Coningesby, was presented to the House, and read; complaining of a Breach of Privilege, committed since his Consinement, by Thomas Rodd Attorney at Law, Thomas Lingen Clerk, John Unett Gentleman, Edward Witherston, and others, in serving several of the Petitioner's Servants with Rules out of the Court of King's Bench; as also One of his Tenants with an Ejectment, by the said Thomas Rodd, at the Suit of the said Thomas Lingen, John Unett, and one Herbert Herring, and others; and that, some Time last Month, Jonas Cook did pull down a Wall, which was a Fence for the Petitioner to a Piece of Pasture Ground, in his own Hands, known to be Part of the Demesne Lands of the Manor of Marden, though the said Cook was forbid, at his Peril, to do the same:

And an Extract of a Letter from the Petitioner to the Deputy Governor of The Tower, mentioned in the said Petition; expressing, "That his Life has been some Time aimed at;" as likewise an Affidavit of John Gregory, One of the Petitioner's Servants, mentioned in the said Extract, and sworn before the said Deputy Governor; being also read:

It is Ordered, That the Consideration of the said Petition be referred to the Lords Committees for Privileges.

Carroll et al. versus Chamberlain et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Eleanor Carroll Widow, and Anthony Carroll, Executors of William Carroll, are Appellants, and Christopher Chamberlain and Margaret his Wife, and Margaret Coddan, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twelfth Day of this Instant July, at Eleven a Clock.

Adjourn.

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

DIE Mercurii, 5^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Robertson versus E. Kinnoul.

After hearing Counsel, upon the Petition and Appeal of John Robertsone of Goodlyburn; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of July and Twenty-fifth of November One Thousand Seven Hundred and Twenty, and the Affirmance thereof the Twenty-fourth and Twenty-eighth Days of February last, made on the Behalf of George Earl of Kinnoul; and praying, "That the same may be reversed:" As also upon the Answer of the said Earl put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentences, or Decrees, therein complained of, be, and are hereby, affirmed.

E. of Burlington versus Croker Mayor of Youghall et al. for Breach of Privilege.

Complaint was made to the House, of a Breach of Privilege committed against the Earl of Burlington in Ireland, by Thomas Groker Esquire Mayor of Youghall, Garret Merncy and Thomas Buckner Esquires, Bailiffs, Richard Walters Alderman, George Mannox, John Cahill, Richard Day, Perry Mills, George Mannox Junior, George Banks, James Banks, William Farmer, William Parker, and others, in encroaching, or going with their Authority or Rod, into his Lordships Liberties, within the Manor of Inchiquin in the said Kingdom.

And thereupon Two Affidavits relating thereunto being read:

It is Ordered, That the Matter of the said Complaint be reserred to the Lords Committees for Privileges.

Adjourn.

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

DIE Jovis, 6^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Odell versus Graydon et al.

A Petition of Charles Sanderson Gentleman, Agent for John Odell Esquire, Appellant in a Cause depending in this House, to which Grizell Graydon Widow and others are Respondents, was presented to the House, and read; setting forth, "That the Petitioner, on the Respondents obtaining an Order for hearing the said Cause, which stands appointed for Monday next, did, without Loss of Time, write to the Appellant's Agent in Dublin, to hasten over, with the necessary Deeds and Evidences to be made Use of; and hath this Week received a Letter from the said Agent, signifying, "That he was comparing the said Writings with all Expedition;" but, the same not being as yet arrived, the Petitioner cannot be ready for the said Hearing at the Time appointed;" and praying, "in regard to the Circumstances of this Case, and that regular Notice has been given to the other Side, pursuant to the Standing Order, that the said Hearing may be adjourned to a further Day."

And thereupon the Petitioner was called in, and examined upon Oath, in order to make good the Allegations of the said Petition.

And being withdrawn:

Petition, to put off Hearing, rejected.

It is Ordered, That the said Petition be rejected.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Treby and others:

With a Bill, intituled, "An Act for appointing Commissioners, to examine, state, and determine, the Debts due to the Army;" to which they desire the Concurrence of this House.

Petition of Merchants, against the Bill for explanning Bankrupt Laws.

Upon reading the Petition of several Merchants, in Behalf of themselves and others; praying to be heard, by themselves or Counsel, against that Part of the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts, which relates to the Crown's recovering of their Debts from Bankrupts;" and that the same may not pass into a Law:

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, according to the Prayer of the said Petition.

Taylor and Griffith versus Colcock.

Whereas this Day was appointed, for hearing Counsel ex Parte, upon the Petition and Appeal of Samuel Taylor and David Griffith; complaining of Part of an Order of the High Court of Chancery in Ireland, of the Twelsth of June One Thousand Seven Hundred and Nineteen; and of an Order and Decree of the said Court, of the Sixteenth of November following, in certain Causes, wherein James Colcock was Plaintiff, and the Appellants and others were Defendants; and wherein the Appellant Samuel Taylor was Plaintiff, and the said James Colcock, David Griffith, and others, were Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed:"

Counsel appearing for the Appellants, but no Counsel for the Respondent:

And the Appellants Counsel being heard, and withdrawn:

Judgement reversed, with Duections.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order of the Twelfth of June One Thousand Seven Hundred and Nineteen, as orders the Appellant Samuel Taylor to stand in the Place of Richards, and to accompt upon the Lease to Richards for the House in Castle Street, as in his Place; and so far as the said Order does not allow the Appellants their Costs, and the Order and Decree of the Sixteenth of November following, and all Proceedings thereupon, complained of in the said Appeal, be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the Appellants accompt for such Rents and Profits only, of the House formerly surrendered by the said Richards, as they did receive, or without their wilful Default might have received; and that the Appellant Taylor be allowed his Costs, as is usual in Case of Mortgagees; and that the Appellant Griffith be allowed his Costs out of the Assets; and that the Court of Chancery in Ireland take Care that this Judgement be put into effectual Execution, and give such further Orders thereupon as to Justice shall appertain.

Bankrupt Laws, for explaining, Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts;" and for some of the Judges to attend; being read:

It is Ordered, That the House be put into a Committee thereupon To-morrow; and that some of the Judges do then attend.

Commissioners Army Debts, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to examine, state, and determine, the Debts due to the Army."

Amount of Claims before the Commissioners, &c. to be laid before the House.

Ordered, That the late Commissioners, appointed to examine, state, and determine, the Debts due to the Army, do lay before this House an Accompt of the Amount of the several Claims allowed, and Certificates issued by them, and what Claims yet remain undetermined, which were laid before them on or before the Ninth Day of March One Thousand Seven Hundred and Nineteen; and what Warrants they have had, under His Majesty's Sign Manual, for Allowance of any Sums claimed by any Foreign Princes and States.

Ordered, That the abovementioned Bill be read a Second Time on Tuesday next.

Adjourn.

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

DIE Veneris, 7^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bankrupt Laws, for explaining, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had heard Counsel for the City of London, and the Merchants upon their several Petitions against a Clause in the said Bill, pursuant to the Orders of the House; and that they had gone through the Bill, and made an Amendment thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the Report of the said Amendment be received To-morrow.

Adjourn.

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

DIE Sabbati, 8^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bankrupt Laws, for explaining, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts," was committed, the Amendment made by the Committee to the said Bill.

Which was read Twice, and agreed to; and other Amendments were made, by the House, to the Bill.

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

E. Aberdeen takes the Oaths.

This Day William Earl of Aberdeen, elected, chosen, and certified, to sit and vote in this House, in the room of William Marquis of Annandale, deceased, came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. Rothes, Privilege.

Complaint was made to the House, of a Breach of Privilege, committed by Patrick Crombie and Walter Christieson, and others, late Magistrates of Coupar in Fife, by James Clciland Messenger, in summoning, requiring, and commanding, the Earl of Rothes, Provost or Mayor of the said Town of Coupar, the Twenty-fourth of March last, to appear before the Court of Session at Edinburgh, at the Suit of the said Magistrates:

It is Ordered, That the Matter of the said Complaint be referred to the Lords Committees for Privileges.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Clayton and others:

With a Bill, intituled, "An Act for raising Money, upon the Estates of the late Sub-governor, Deputy Governor, Directors, Cashier, Deputy Cashier, and Accomptant, of the South Sea Company, and of John Aislabie Esquire, and likewife of James Craggs Senior, Esquire, deceased, towards making good the great Loss and Damage sustained by the said Company; and for disabling such of the said Persons as are living, to hold any Office or Place of Trust under the Crown, or to sit or vote in Parliament for the future; and for other Purposes in the said Act expressed;" to which they desire the Concurrence of this House.

South Sea Sufferers, for Relief of, Bill.

Then the said Bill was read the First Time; and ordered to be read a Second Time on Monday next; and the Lords to be summoned.

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein John Odell Esquire is Appellant, and Grizell Graydon Widow and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Lunæ, 10^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Aislabie, and Administrators of Craggs, against South Sea Sufferers Bill.

A Petition of John Aislabie Esquire:

Also, a Petition of Edward Eliot and Elizabeth his Wife, Anne the Wife of John Newsham Esquire, and Margaret the Wife of Samuel Trefusis Esquire, Daughters, Coheirs, and Administrators, of James Craggs late of London Esquire, deceased; praying to be heard, by their Counsel, against the Bill, intituled, "An Act for raising Money, upon the Estates of the late Sub-governor, Deputy Governor, Directors, Cashier, Deputy Cashier, and Accomptant, of the South Sea Company, and of John Aislabie Esquire, and likewife of James Craggs Senior Esquire, deceased, towards making good the great Loss and Damage sustained by the said Company; and for disabling such of the said Persons as are living, to hold any Office or Place of Trust under the Crown, or to sit and vote in Parliament, for the future; and for other Purposes in the said Act expressed," before any further Proceedings be had thereupon:

Were severally presented to the House, and read:

And severally ordered to lie on the Table, till the said Bill be read a Second Time.

Late Sub and Deputy Governor of south Sea Company, against the same:

A Petition of Sir John Fellowes Baronet, late Subgovernor of the South Sea Company, and of Charles Joye Esquire, late Deputy Governor of the said Company, was presented to the House, and read; praying, In regard the Petitioners are highly concerned in the Consequences of the abovementioned Bill, and their Properties are so greatly affected by it, that they may be heard, by their Counsel, against the same, so far as relates to the Petitioners."

And thereupon the Resolutions of this House, of the Three and Twentieth of March last, upon the Report from the Committee of the whole House appointed to take into Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit, being read:

Petition rejected.

It was moved, "To reject the Petition."

And the Question being put, "Whether the said Petition shall be rejected?"

It was Resolved in the Affirmative.

Report of the late Commissiones for stating Army Debts, delivered.

The House being informed, "That the Secretary of the late Commissioners, for examining and determining the Debts due to the Army, attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of this House of Thursday last, a Report of the late Commissioners for examining and determining the Debts due to the Army.

And withdrew.

And the Title of the said Report was read.

South Sea Sufferers for Relief of Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for raising Money, upon the Estates of the late Subgovernor, Deputy Governor, Directors, Cashier, Deputy Cashier, and Accomptant, of the South Sea Company, and of John Aislabie Esquire, and likewise of James Craggs Senior Esquire, deceased, towards making good the great Loss and Damage sustamed by the said Company, and for disabling such of the said Persons as are living, to hold any Office or Place of Trust under the Crown, or to sit or vote in Parliament, for the future; and for other Purposes in the said Act expressed."

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and the Lords to be summoned.

Aislabie, and Administrators of Craggs, Petitions against it.

Then the House proceeded to take into Consideration the Petition of John Aislabie Esquire; as also the Petition of Edward Eliot and Elizabeth his Wife, Anne the Wife of John Newsham Esquire, and Margaret the Wife of Samuel Trefusis Esquire, Daughters, Coheirs, and Administrators, of James Craggs late of London Esquire, deceased, against the said Bill; which were ordered to lie on the Table.

And, after Debate:

Ordered, That the further Consideration of the Matter of the said Petitions be adjourned till To-morrow.

Bankrupt Laws, for explaining, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for explaining and making more effectual the several Acts concerning Bankrupts."

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. Lovibond and Mr. Bennet:

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

Adjourn.

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