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: March 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/pp62-72 [accessed 23 December 2024].
'House of Lords Journal Volume 26: March 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol26/pp62-72.
"House of Lords Journal Volume 26: March 1742, 1-10". Journal of the House of Lords Volume 26, 1741-1746. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol26/pp62-72.
In this section
March 1742, 1-10
DIE Lunæ, 1o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Dunelm. Epus. Lincoln. Epus. Roffen. Epus. Hereford. Epus. Litch. & Cov. Epus. Meneven. Epus. Carliol. Epus. Glocestriens. Epus. Asaphen. Epus. Bangor. Epus. Bristol. Epus. Cicestriens. Epus. Landavens. |
Ds. Hardwicke, Cancellarius. Dux Dorset, Senescallus. Dux Grafton, Camerarius. Dux Richmond. Dux Beaufort. Dux St. Albans. Dux Leeds. Dux Bedford. Dux Devon. Dux Marlborough. Dux Kingston. Dux Newcastle. Dux Portland. Dux Greenwich. Dux Bridgewater. Comes Derby. Comes Pembroke. Comes North'ton. Comes Westmorland. Comes Berks. Comes Winchilsea. Comes Chesterfield. Comes Thanet. Comes Cardigan. Comes Anglesey. Comes Aylesbury. Comes Shaftesbury. Comes Litchfield. Comes Abingdon. Comes Rochford. Comes Jersey. Comes Cholmondeley. Comes Sutherland. Comes Morton. Comes Moray. Comes Lauderdale. Comes Loudoun. Comes Findlater. Comes Breadalbane. Comes Dunmore. Comes Ilay. Comes Oxford. Comes Rockingham. Comes Stanhope. Comes Harborough. Comes Macclesfield. Comes Pomfret. Comes Graham. Comes Fitzwalter. Comes Wilmington. Comes Effingham. Viscount Lonsdale. Viscount Falmouth. Viscount Harcourt. |
Ds. Carteret, Unus Primariorum Secretariorum. Ds. (fn. 1) Clinton. Ds. Willoughby Par. Ds. Hunsdon. Ds. Poulet. Ds. Strange. Ds. Ward. Ds. Berkeley Str. Ds. Cornwallis. Ds. Somerville. Ds. Hay. Ds. Masham. Ds. Foley. Ds. Bathurst. Ds. Onslow. Ds. Ducie. Ds. Hobart. Ds. Raymond. Ds. Ilchester. |
PRAYERS.
Dutchess of Kent & al., Bill.
Hodie 2a vice lecta est Billa, 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 now Marchioness Grey; and for other Purposes therein mentioned."
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 the 16th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.
Warren's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable George Warren Esquire, his Heirs and Assigns, to make a Sluice, or Tunnel, through Part of the Glebe belonging to the Rectory of Stockport, in the County of Chester; and to use and enjoy the same, for conveying Water to Stockport Mills."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
E. Morton's Bill:
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for dissolving and disannexing from the Crown, and the Patrimony thereof, the Earldom of Orkney, and Lordship of Zetland; and for vesting the same irredeemably in James Earl of Morton and his Heirs, discharged from any Power or Right of Redemption in His Majesty, His Heirs or Successors," 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."
Meredith, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Amos Meredith, of Henbury, in the County of Chester, Esquire, his Wife, 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 making Articles of Agreement, entered into by Amos Meredith Esquire and Joanna his Wife, as well in her own as in Behalf of their Seven Children, all Infants, and by Thomas Assheton Esquire, in Behalf of his Son, an Infant, touching the Partition of the Estate of Robert Cholmondeley, late of Holford, in the County of Chester, Esquire, deceased, now remaining unsold, obligatory on the said Infants; and rendering the said Partition effectual and binding to all Parties."
Addres for a State of the National Debt.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December, 1740, and 31st of December, 1741; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."
Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves.
Boucher's Nat. Bill.
A Message was brought from the House of Commons, by Sir Humphrey Howarth and others:
With a Bill, intituled, "An Act for naturalizing John Boucher;" to which they desire the Concurrence of this House.
Duqueruy's Nat. Bill:
A Message was brought from the House of Commons, by Mr. Whichcote and others:
With a Bill, intituled, "An Act for naturalizing Isaac Nicholas Duqueruy and Michael Henry Duqueruy;" to which they desire the Concurrence of this House.
The said Bills were both read the First Time.
Begon & al. Pet. to be arded to it.
Upon reading the Petition of John Andrew Begon Esquire, Andrew Giradot Buissieres, and Catharine Jane Ingoldsby; praying, "That their Names may be inserted in the last mentioned Bill:"
It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.
Sir T. Prendergast's Bill.
A Message was brought from the House of Commons, by Mr. Southwell and others:
With a Bill, intituled, "An Act for explaining a Clause contained in an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several Purposes therein mentioned," whereby several Grants made by His said Majesty to Sir Thomas Prendergast Baronet, deceased, of several Lands, Tenements, and Hereditaments, Part of the said forfeited Estates and Interests in Ireland, were ratified and confirmed;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the said Bill, was graciously pleased, so far as the Crown was concerned, to consent that their Lordships might proceed as they should think sit."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 2o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. of Morton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dissolving and disannexing from the Crown, and the Patrimony thereof, the Earldom of Orkney and Lordship of Zetland; and for vesting the same irredeemably in James Earl of Morton and his Heirs, discharged from any Power or Right of Redemption in His Majesty, His Heirs or Successors."
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. Elde and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Boucher's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Boucher."
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 Thursday next, at the usual Time and Place; and to adjourn as they please.
Persons take the Oaths, to be naturalized.
John Andrew Begon Esquire, Andrew Girardot Buissieres, and Catharine Jane Ingoldsby, took the Oaths appointed, in order to their Naturalization.
Duqueruy's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Nicholas Duqueruy and Michael Henry Duqueruy."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please; and that the Petition of the Persons abovenamed, praying to be added to the said Bill, be referred to the said Committee.
Sinking Fund, Bill.
A Message was brought from the House of Commons, by Mr. Francis Fane and others:
With a Bill, intituled, "An Act for granting to His Majesty a certain Sum, out of the Sinking Fund, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-two;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
The King's Answer to Address for a State of the National Debt.
The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday, for a State of the National Debt, provided or unprovided for by Parliament; and that His Majesty was pleased to say, He would order the proper Officer to lay the same before the House accordingly."
L. Delawarr added to the Committee on the Dutchess of Kent's Bill.
Ordered, That the Lord Delawarr be added to the Committee to whom 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 now Marchioness Grey, and for other Purposes therein mentioned," stands committed.
Meredith's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making Articles of Agreement, entered into by Amos Meredith Esquire and Joanna his Wife, as well in her own Behalf as in Behalf of their Seven Children, all Infants, and by Thomas Asheton Esquire, in Behalf of his Son, an Infant, touching the Partition of the Estate of Robert Cholmondeley, late of Holford, in the County of Chester, Esquire, deceased, now remaining unsold, obligatory on the said Infants; and rendering the said Partition effectual and binding to all Parties."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Wednesday the 17th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.
O'Shaghnassy's Pet. against Sir T. Prendergast's Bill.
Upon reading the Petition of Coleman O'Shaghnassy Gentleman; praying, "In regard he apprehends that he will be greatly aggrieved by the Bill brought up from the Commons, intituled, "An Act for explaining a Clause contained in an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several Purposes therein mentioned," whereby several Grants made by His said Majesty to Sir Thomas Prendergast Baronet, deceased, of several Lands, Tenements, and Hereditaments, Part of the said forfeited Estates and Interests in Ireland, were ratified and confirmed," if the same should pass into a Law; that he may be at Liberty to be heard, by his Counsel, against the said Bill:"
It is Ordered, That the same be read a Second Time on Friday next; and that the Petitioner may be at Liberty to be heard, by his Counsel, at the said Second Reading, as desired; and that Counsel may be heard for the Bill at the same Time; and that the Cause appointed for that Day be put off to Monday next; and the Cause on Monday next to the Wednesday following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 4o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sinking Fund, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum, out of the Sinking Fund, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-two."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Duqueruy's Nat. Bill.
The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Isaac Nicholas Duqueruy and Michael Henry Duqueruy," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; as also the Petition to them referred; and had gone through the Bill, and made several Amendments thereto."
Which, being read Twice by the Clerk, were agreed to by the House.
Boucher's Nat. Bill.
His Lordship also reported from the same Committee, to whom the Bill, intituled, "An Act for naturalizing John Boucher," 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."
Buck & al. Pet. referred to Judges.
Upon reading the Petition of Dame Anne Buck, Widow and Administratrix of Sir Charles Buck, late of Hanby, in the County of Lincoln, Baronet, deceased; and also Mother and Guardian of Sir Charles Buck Baronet, Eldest Son and Heir at Law to the said Sir Charles Buck, deceased, on Behalf of herself, and of the said Sir Charles Buck, now an Infant of about Eighteen Years of Age, and Fulke Grevile Esquire, Eldest Son and Heir of Algernon Grevile Esquire, deceased; praying Leave to bring in a Bill, for confirming certain Estates in the Petition mentioned, to the said Fulke Grevile and his Trustees; so that they, upon the Terms in the Petition expressed, may for the future hold and enjoy the same:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denison and Mr. Baron Abney; with the usual Directions, according to the Standing Order.
Merchants Pet. &c., Consideration put off.
The Order of the Day being read, for taking into Consideration the Petition of the Merchants and Traders of the City of London, in Behalf of themselves and the Trade of this Kingdom; as also the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; complaining, That great Numbers of Ships have been taken by The Spaniards, and of great Neglects in the protecting of their Trade:"
Ordered, That the said Petitions be taken into Consideration on this Day Fortnight.
Message from H. C. to return Bluett's Bill, to take the Name of Nutcombe.
A Message was brought from the House of Commons, by Mr. Carew and others:
To return the Bill, intituled, "An Act to enable Buckland Bluet Esquire and his Heirs to take and use the Name of Nutcombe, according to the Settlement made by Richard Nutcombe Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 5o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
L. Griffin takes the Oaths.
Edward Lord Griffin took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Sinking Fund, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting to His Majesty a certain Sum, out of the Sinking Fund, towards the Supply for the Service of the Year One Thousand Seven Hundred and Forty-two."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Duqueruy's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Isaac Nicholas Duqueruy and Michael Henry Duqueruy."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Bennet and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Boucher's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Boucher."
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 the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Sir T. Prendergast's Bill.
The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for explaining a Clause contained in an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several Purposes therein mentioned," whereby several Grants, made by His said Majesty to Sir Thomas Prendergast Baronet, deceased, of several Lands, Tenements, and Hereditaments, Part of the said forfeited Estates and Interests in Ireland, were ratisied and confirmed;" and for hearing Counsel, as well for as against the same:
Counsel were accordingly called in.
And the said Bill was read a Second Time.
And Mr. Hamilton was heard at large for the Petitioner:
Mr. O'Shaghnassy against the same:
As was also Mr. Murray, who stated divers Facts; which (fn. 2) were admitted by Mr. Lloyd, Counsel for the Bill:
Who was then heard on that Part, in Defence thereof.
And Mr. Hamilton being heard, by Way of Reply:
Counsel were directed to withdraw.
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Vernon's Appeal revived.
Upon reading the Petition of Anna-Bella Vernon and Matilda Vernon, the only Daughters and Heirs at Law of Thomas Vernon Esquire and Jane Vernon his Widow, both deceased, and the said Matilda Vernon, as Administratrix of the said Thomas Vernon, with his Will annexed, and John Hunt Gentleman, Administrator of the said Jane Vernon, with the Will annexed; praying, "In regard, by the Decease of the said Jane Vernon, the Cause upon her Appeal, to which Captain John Vernon and others are Respondents, and all the Proceedings therein, are abated; that the same may stand revived, in such Manner as to the House shall seem meet:"
It is Ordered, That the said Appeal be revived accordingly; and that the Petitioners do stand in the Place of the said Jane Vernon, and have the same Benefit of the said Appeal as if she was now living.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 8o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sinking Fund, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum, out of the Sinking Fund, towards the Supply for the Service of the Year One Thousand Seven Hundred and Fortytwo."
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. Elde and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
E. Anglesey's Will exemplisying, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for exemplisying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."
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.
Sir T. Prendergast's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining a Clause contained in an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several Purposes therein mentioned," whereby several Grants made by His said Majesty to Sir Thomas Prendergast Baronet, deceased, of several Lands, Tenements, and Hereditaments, Part of the said forfeited Estates and Interests in Ireland, were ratisied and confirmed."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Stewart & Ux. Pet. against L. Maynard's Privilege for Lowther, referred to Committee.
Upon reading the Petition of Alexander Stewart Esquire and Mary his Wife; setting forth, "That, in July 1739, they exhibited their Bill in Chancery, to which Mr. Lowther was made Defendant; who, pretending to be a Domestic of the Right Honourable the Lord Maynard his Uncle, his Solicitor gave Notice to the Petitioners Solicitor, not to proceed against him; whereupon the Petitioner Alexander has attended the said Lord, to permit the Petitioners to prosecute their Suit, and not to insist on any Privilege; to which his Lordship did not agree;" and praying, "In regard the Petitioners apprehend, and are advised, that Privilege of Parliament does not extend to the said Mr. Lowther in this Case, that this Matter may be taken into Consideration, and such Declaration made as to the House shall seem just, that the Petitioners may no longer be debarred from proceeding, in order to the Determination of their Suit:"
It is Ordered, That the said Petition be referred to the Lords Committees for Privileges, to meet on Wednesday next; and that a Copy thereof be sent to the said Lord Maynard, and Notice given him of the Time of the Meeting of the said Committee.
L. Taaffe, Leave for a Bill, to sell the E. of Carlingford's Estate:
After reading, and considering, the Report of the Judges to whom was referred the Petition of the Lord Viscount Taaffe of the Kingdom of Ireland, and Robert Sutton, a Minor, by Robert Sutton Esquire, his Father; 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 vesting all the Manors, Towns, Lands, Chiefries, Fee farm Rents, and other Hereditaments whatsoever, in the several Counties of Lowth, Meath, and Sligoc, 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 for other Purposes."
Manuel & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Mary Manuel Widow, 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 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."
Mutiny Bill.
A Message was brought from the House of Commons, by Mr. Monson and others:
With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.
Rolle, to take the Surname of Walter, Bill.
A Message was brought from the House of Commons, by Mr. Prowse and others:
With a Bill, intituled, "An Act to enable John Rolle Esquire and his Heirs to take and use the Surname and Arms of Walter, according to the Direction of the last Will and Testament of Sir Robert Walter Baronet, deceased;" to which they desire the Concurrence of this House.
The said Bills were both read the First Time.
E. Anglesey against Annesley.
After hearing Counsel, in Part, in the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in at Twelve o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 9o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Rolle, to take the Name of Walter, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable John Rolle Esquire and his Heirs to take and use the Surname and Arms of Walter, according to the Direction of the last Will and Testament of Sir Robert Walter Baronet, 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 To-morrow, at the usual Time and Place; and to adjourn as they please.
Vis. Blundell, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Montague Lord Viscount Blundell 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 vesting the several Castles, Manors, Towns, Lands, and Hereditaments, of Mountague Lord Viscount Blundell, in the County of Downe, 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."
Vis. Hereford, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Price Lord Viscount Hereford; 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 to establish and confirm Articles of Agreement, relating to the Tithes and certain Glebe Lands within the Parish of Leigh, in the County of Worcester."
Manuel's Bill.
Hodie 2a 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."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 24th Day of this Instant March; and to adjourn as they please.
L. Taaffe's Bill, for Sale of the Earl of Carlingford's Estate.
Hodie 2a vice lecta est Billa, intituled, "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 for other Purposes."
Ordered, That the said Bill be committed to the same Committee:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
D. of Norfolk & al. to amend Appeal.
Upon reading the Petition of Thomas Duke of Norfolk and others; praying Leave to amend their Appeal, by making the Governor and Company of The York Buildings Respondents; they being Parties in the Court below:
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal accordingly; and that the said Governor and Company may have a Copy thereof; and do put in their Answers thereunto, in Writing, on or before Tuesday the 6th Day of April next.
E. of Anglesey against Annesley.
After hearing Counsel further, in the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Counsel be called in exactly at One o'Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 10o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
L. Maynard takes the Oaths.
Henry Lord Maynard took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Defertion; and for the better Payment of the Army and their Quarters."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Rolle, to take the Name of Walter, Bill.
The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Rolle Esquire and his Heirs to take and use the Surname and Arms of Walter, according to the Direction of the last Will and Testament of Sir Robert Walter Baronet, deceased," 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."
E. of Anglesey's Will, exemplifying, Bill.
The Lord Bishop of Norwich made the like Report from the Lords Committees to whom the Bill, intituled, An Act for exemplifying the last Will of Arthur late Earl of Anglesey; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland," was committed.
Messages from H. C. to return E. Godolphin's Bill;
A Message was brought from the House of Commons, by Mr. Godolphin and others:
To return the Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Indenture, between the Right Honourable Francis Earl Godolphin and the Dean and Chapter of Ely, for making a Partition and Division of a certain Heath, or Heath Ground, in the County of Cambridge; and for rendering the same Agreement and Indenture more effectual, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and L. Montfort'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 vesting the settled Estate of Henry Lord Montfort, in the County of Worcester, in Trustees, in Trust, to sell the same; and to lay out and apply the Money arising by such Sale in the Purchase of Lands and Hereditaments lying nearer the Estate of the said Lord Montfort, in the County of Cambridge;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Dalrymple & al. against Dalrymple.
A Petition of Mary Dalrymple and others, was presented to the House, and read; setting forth, "That her Appeal, being from the Commissary Court in Scotland, stands appointed to be heard this Day; and that Mr. James Graham Junior, the Petitioner's Counsel, came to Town but last Night; and that they have no other Counsel conversant in the Laws of that Country;" and praying, "That the said Hearing may be put off to such Time as to the House shall seem meet."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And being withdrawn:
Ordered, That the said Hearing be put off to this Day Sevennight.
Vis. Hereford's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to establish and confirm Articles of Agreement, relating to the Tithes and certain Glebe Lands, within the Parish of Leigh, in the County of Worcester."
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 Thursday the 25th Day of this Instant March, at the usual Time and Place; and to adjourn as they please.
Vis. Blundell's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the several Castles, Manors, Towns, Lands, and Hereditaments, of Mountague Lord Viscount Blundell, in the County of Downe, 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."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Thwaites & al. Appeal revived.
Upon reading the Petition of Ephraim Thwaites Esquire and Ann his Wife, and Francis Hursh Clerk; setting forth, "That Matilda Vernon and Anna-Bella Vernon, Daughters of Jane Vernon Widow, lately deceased, and John Hunt Administrator of the said Jane, have, upon their Application to this House, obtained an Order that her Appeal should stand re vived; and that the Petitioners apprehend they are entitled to revive their Appeal against the Parties thereto;" and praying, "That the said Matilda Vernon, Anna-Bella Vernon, and John Hunt, the Representatives of the said Jane Vernon, may be made Respondents:"
It is Ordered, That the said Appeal of the Petitioners do stand revived; and that the said Parties be Respondents thereto accordingly.
Sir T Prendergast's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for explaining a Clause contained in an Act, made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for granting an Aid to His Majesty, by Sale of the forfeited and other Estates and Interests in Ireland, and by a Land Tax in England, for the several Purposes therein mentioned;" whereby several Grants made by His said Majesty to Sir Thomas Prendergast Baronet, deceased, of several Lands, Tenements, and Hereditaments, Part of the said forfeited Estates and Interests in Ireland, were ratified and confirmed."
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. Elde and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Hungerford & al. Pet. for a Bill to confirm the Conveyance of Bentley's Charity, referred to Judges.
Upon reading the Petition of Walter Hungerford Esquire, John Ivory Talbot Esquire, Sir Robert Long Baronet, George Hungerford, Edward Bayntun Rolt, John Talbot the Younger, Lionel Duckett, and Goddard Smith, Esquires, Trustees of a Charity School founded at Calne in Wiltshire, by John Bentley Esquire, deceased, and of Sir John Williams Knight, and John Read Gentleman, surviving Affignees under a Commission of Bankruptcy awarded against William Hamond, late of Change Alley, London, Goldsmith and Banker, deceased; praying Leave to bring in a Bill, for establishing an Indenture and Conveyance of the 8th of February last; and for exempting the Premises thereby intended to be conveyed from all the Charitable Uses mentioned of the same by the Will of John Bentley, late of Richmond, or the Decree of the Commissioners for Charitable Uses, or otherwise:
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 Fortescue Aland; with the usual Directions, according to the Standing Order.
E. of Anglesey against Anndsley.
After hearing Counsel, as well on Monday and Yesterday as this Day, upon the Petition and Appeal of Richard Earl of Anglesey; complaining of a Decree of the Court of Chancery in Ireland, of the 28th of February 1740, made in a Cause wherein Charles Annesley Esquire of the City of Dublin was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the said Decree might be reversed and set aside; and that the Appellant's Cross-bill might be retained in the said Court, and the Matters therein prayed decreed to him; or that he might have such other Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of the said Charles Annesley put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
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 said Decree therein complained of be, and the same is hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.