House of Lords Journal Volume 20: 4 March 1718

Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 20: 4 March 1718', in Journal of the House of Lords: Volume 20, 1714-1717, (London, 1767-1830) pp. 635-637. British History Online https://www.british-history.ac.uk/lords-jrnl/vol20/pp635-637 [accessed 19 March 2024]

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In this section

Die Martis, 4 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Roffen.
Epus. Cestriens.
Epus. Gloucestr.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Bangor.
Epus. Lich. & Cov.
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Devon.
Dux Marlborough.
Dux Bucks.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Berks.
Comes Stamford.
Comes Scarsdale.
Comes Clarendon.
Comes Carlisle.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Holderness.
Comes Warrington.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes I'lay.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Castleton.
Viscount St. John.
Viscount Stanhope.
Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Byron.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Montjoy.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Harborough.
Ds. Carleton.
Ds. Cobham.
Ds. Parker.
Ds. Coningesby.
Ds. Onslow.
Ds. Cadogan.
Ds. Romney.
Ds. Pawlet Bas.

PRAYERS.

Return of the Exchequer in Ireland, to the Order for restoring Mr. Annesley's Possession.

The Lord Chancellor acquainted the House, "That, according to their Lordships Order of the Sixth of February last, he did transmit to the Barons of the Court of Exchequer in Ireland the Order of this House, made at the same Time, for putting Maurice Annesley Esquire into the Possession of the Lands in Ireland, of which he was dispossessed pending his Appeal in this House; and that he had received from the said Barons an Account of their Proceedings in Pursuance of the said Order."

Which Account of the Proceedings was read by the Lord Chancellor.

And the same was ordered to be received, and entered in the Journal of this House, and is as follows:

"Wednesday, the 19th of February, 1717.

The Right Honourable the Lord Chief Baron and the rest of the Barons of His Majesty's Court of Exchequer in Ireland having, Yesterday in the Afternoon, received Two several Orders, bearing Date the Sixth Day of this Instant February, made by the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, in Great Britain, both signed "William Cowper, Cler. Parliamentor." together with a Letter, dated London, 8th February, 1717, from the Right Honourable the Lord High Chancellor of Great Britain, signed "Cowper, C." directed to the Lord Chief Baron of the Exchequer in Ireland and the rest of the Barons of that Court: Their Lordships were pleased to order the said Two Orders and Letter to be publicly read in Court; and the said Orders and Letter were accordingly this Day publicly read in open Court, and are in the Words following; (videlicet,)

"Die Jovis, 6 Februarii, 1717.

Upon Report from the Committee of the whole House, to whom it was referred to consider by what Methods the Order of this House, for the restoring Possession to Maurice Annesley Esquire, of the Estate in Ireland, whereof he was dispossessed pending his Appeal in this House, may be most properly enforced and executed: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the Court of Exchequer in Ireland do cause the said Maurice Annesley Esquire to be forthwith restored to the Possession of the Lands of which he was dispossessed pending his Appeal, which was received by this House the Eighth Day of June last.

"William Cowper, Cler. Parliamentor."

"Die Jovis, 6 Februarii, 1717.

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor do transmit the Order of this House to the Barons of the Court of Exchequer in Ireland, which requires them to cause Possession to be forthwith delivered to Maurice Annesley Esquire of the Lands of which he was dispossessed pending his Appeal in this House; commanding the said Barons of the Exchequer, at the same Time, to return to this House, as soon as they can, an Account of what shall be done therein.

"William Cowper, Cler. Parliamentor."

"London, 8th February, 1717.

"My Lord Chief Baron,

"By Order of the House of Lords, a Copy whereof I herewith send you, I transmit to your Lordship and the rest of the Barons of His Majesty's Court of Exchequer in Ireland the Order of the said House; whereby the Barons of that Court are commanded to restore Mr. Annesley to the Possession of his Estate: Your Lordship will immediately communicate this to the rest of the Barons; and let me know, as soon as can be, what is done, by yourself and the rest of the Barons, in Pursuance of their Lordships Order; as you see, by the abovementioned Copy, I am ordered to require of you. I am,

"Your Lordship's most faithful Servant,

"Cowper, C.

"To the Lord Chief Baron of the Exchequer in Ireland, and the rest of the Barons of that Court."

"In Obedience to which said Two Orders; it is this Day Ordered, by the Right Honourable the Chancellor, Treasurer, Lord Chief Baron, and the rest of the Barons of His Majesty's said Court of Exchequer in Ireland, That the Sheriff, or Sheriffs, of the County or Counties where the said Lands do lie, do forthwith restore the said Maurice Annesley Esquire to the Possession of the Lands of which he was so dispossessed pending his said Appeal: And it is further Ordered by the said Court, That the Injunction of this Court do forthwith issue for that Purpose, directed to the Sheriff, or Sheriffs, of the County or Counties where the said Lands lie: And it is further Ordered by this Court, That the said Maurice Annesley Esquire, his Attorney, Agent, Solicitor, or Counsel, do forthwith attend the Chief Remembrancer, or his Deputy, at his Office, with the Names of the Lands of which the said Maurice Annesley was so dispossessed pending his said Appeal, and the Name or Names of the County or Counties where the said Lands do lie, in order to insert them in the said Injunction, for the more speedy and effectual issuing of the same.

"Ex. p H. Temple."

Court of Exchequer to return an Account of what the Sheriffs shall do as to restoring Mr. Annesley's Possession.

Ordered, That the Lord Chancellor do write to the Lord Chief Baron and the rest of the Barons of the said Court of Exchequer, commanding them to return to this House an Account of what the Sheriff or Sheriffs shall do, in Pursuance of the Proceedings of the said Court of Exchequer, for putting the said Maurice Annesley into the Possession of the Lands of which he was dispossessed as abovementioned.

Thurston's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of Part of the Estate late of Joseph Thurston Esquire, deceased, lying in the Counties of Suffolk and Essex, for Payment of his Debts, and making Provision for his Infant Children."

And the same, being read, were severally agreed to by the House.

Lords agree to Amendments to it.

And, a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellows:

To acquaint them, that the Lords have agreed to the said Amendments.

Message from H. C. to return the Bone Lace Bill.

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

To return the Bill, intituled, "An Act for Relief of the Wholesale Traders and Dealers in English Bone Lace, by obviating several Doubts in the several Acts for licensing Hawkers and Pedlars;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Schaw versus Houstoun.

Whereas Monday next is appointed, for hearing the Cause wherein Sir John Schaw Baronet is Appellant, and Sir John Houstoun Respondent:

The House being moved, "In regard the said Cause has been a great while depending, and the Hearing thereof several Times postponed, that the same may be peremptorily heard on the Day abovementioned:"

It is thereupon Ordered, That this House will peremptorily hear the said Cause, by Counsel, at the Bar, on Monday next, accordingly.

Ordered, and Declared, That this House will, after that Cause, hear no more Causes this Session of Parliament.

D. Devon's Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for settling the Estates of the most Noble William Duke of Devonshire, and William Cavendish Esquire, commonly called Marquis of Hartington, Son and Heir Apparent of the said Duke, on the Marriage of the said Marquis of Hartington with Catherine Hoskins Spinster, only Child of John Hoskins Esquire, deceased:"

And the same, being read, were severally agreed to by the House.

Lords agree to Amendments to it.

And a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellows:

To acquaint them, that the Lords have agreed to the said Amendments.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the Encouragement of the Woolen Manufactures in Great Britain, by opening the Port of Exeter, and other Ports therein mentioned, for the Importation of Wool from Ireland; and by opening the Port of Limerick, in the Kingdom of Ireland, for the Exportation of Wool from thence into Great Britain;" to which they desire the Concurrence of this House.

Annesley's Appeal, Hearing put off.

Upon reading the Petition of Maurice Annesley Esquire; setting forth, "That the Cause between the Petitioner and Hester Sherlock was, by Order of this House, appointed to be peremptorily heard on the Fifth of this Instant March; and that, near a Month since, the Petitioner sent his Agent to serve the said Order on the Respondent; but, by reason of the Wind being contrary, the said Agent hath not been able to serve the same;" and praying, "That the Hearing of this Cause may be put off to such further Day as this House shall think fit:"

It is Ordered, That the said Cause shall be heard, by Counsel, at the Bar, on the Second Day for Causes the next Session of Parliament.

Arthur's Petition against Bridges's Bill.

Upon reading the Petition of John Arthur and Anna his Wife; praying, "That the Bill relating to the Estate of Mr. Harry Bridges may not pass, till Provision be made for the Petitioner's Relief:"

It is Ordered, That the said Petition be referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, or otherwise, before their Lordships, if they think fit.

Forfeited Estates, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates, till sold."

Then it was moved, "That this Bill be read a Second Time on Thursday next."

And the same being objected to:

The Question was put, "Whether the said Bill shall be read a Second Time on Thursday next?"

It was Resolved in the Affirmative.

Ordered, That the said Bill be read a Second Time on Thursday next; and the Lords to be summoned; and that the Barons of the Court of Exchequer do then attend the Service of this House.

Account of Claims on them, and Fees, to be laid before the House.

Ordered, That the Commissioners of Inquiry do lay before this House, an Account of all the Claims entered before them, pursuant to the recited Act of Parliament; and likewise an Accompt of the Fees for the receiving or entering such Claims; and also such Judgements of the Courts in Scotland, concerning the Claims touching the forfeited Estates, as have come to their Knowledge.

Message to H. C. for the Commissioners of Inquiry, &c. to attend.

Ordered, That a Message be sent to the House of Commons, to acquaint them, "That, this House having under their Consideration the Bill for vesting the forfeited Estates in Trustees, to be sold, for the Use of the Public; their Lordships do desire, that the Commons will give Leave, that such Members of their House as are the Commissioners of Inquiry, and also Sir David Dalrymple His Majesty's Advocate General in Scotland, may attend this House on Thursday Morning next."

And, a Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellowes, accordingly.

St. Giles's Church, to rebuild, Bill.

Whereas this Day was appointed, for the House to be put into a Committee on the Bill, intituled, "An Act to empower the Commissioners, appointed to put in Execution the Acts of the Ninth and Tenth Years of Her late Majesty's Reign, for building Fifty new Churches, in and about the Cities of London and Westminster, and Suburbs thereof, to direct the Parish Church of St. Giles in the Fields, in the County of Middlesex, to be re-built, instead of One of the said Fifty new Churches:"

It is Ordered, That this House shall be put into a Committee thereupon To-morrow.

Waggoners, Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act to repeal an Act of the First Year of His Majesty's Reign, which restrains all Waggoners, Carriers, and others, from drawing any Carriage with more than Five Horses in Length; and to restrain them from drawing with more than Six Horses; and for obliging all new Tires or Streaks for Wheels of all Travelling Waggons, Wains, or Carts, to be made flat, and Three Inches broad; and for the better preserving the Highways in Repair:"

It is Ordered, That the said Bill be read a Second Time on this Day Fortnight.

Wool from Ireland, to be imported, Bill;

Hodie 1a vice lecta est Billa, intituled, "An Act for the Encouragement of the Woollen Manufactures in Great Britain, by opening the Port of Exeter, and other Ports therein mentioned, for the Importation of Wool from Ireland; and by opening the Port of Limerick, in the Kingdom of Ireland, for the Exportation of Wool from thence into Great Britain."

Rejected.

The Question was put, "Whether this Bill shall be rejected?"

It was Resolved in the Affirmative.

Ships stranded, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enforcing and making perpetual an Act of the Twelfth Year of Her late Majesty, intituled, An Act for the preserving of all such Ships, and Goods thereof, which shall happen to be forced on Shore, or stranded, upon the Coast of this Kingdom, or any other of Her Majesty's Dominions."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

D. Devon.
D. Bucks.
D. Roxburgh.
E. Derby.
E. Dorset.
E. Northampton.
E. Stamford.
E. Clarendon.
E. Yarmouth.
E. Berkeley.
E. Rochester.
E. Warrington.
E. Sutherland.
E. Strafford.
E. Halifax.
L. V. Townshend.
L. B. Sarum.
L. B. Norwich.
L. B. Bristol.
L. B. Oxford.
L. B. Bangor.
Ld. Howard Eff.
L. Compton.
L. Cornwallis.
L. Carteret.
L. Haversham.
L. Rosse.
L. Foley.
L. Parker.
L. Coningesby.
L. Romney.

Their Lordships, or any Five of them; to meet on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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