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House of Lords Journal Volume 25: February 1738, 11-20

Pages 169-173

Journal of the House of Lords Volume 25, 1737-1741. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

Table of contents

February 1738, 11-20

DIE Martis, 14o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Cestriens.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Kingston.
Dux Greenwich.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Essex.
Comes Burlington.
Comes Cholmondeley.
Comes Craufurd.
Comes Selkirk.
Comes Dunmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Torrington.
Ds. Delawarr.
Ds. Clifton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Foley.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Coutts & al. against Erskine.

The Answer of David Erskine of Dun Esquire, One of the Senators of the College of Justice, to the Appeal of the Provost and other Magistrates and Common Council of the Borough of Montrose, &c. was brought in:

Mackenzie against M. of Powis & al.

As was also, the Answer of William Marquis of Powis, to the Appeal of George Mackenzie Esquire:

And likewise, the Answer of Robert Garden, to the same Appeal.

Service on Wood's Clerk in Court to be good.

A Petition of Robert Moore Esquire and others, was presented, and read; setting forth, "That Henry Byam Wood, One of the Respondents to the Petitioners Appeal, has not put in his Answer thereunto, though they have served his Clerk in Court with the Order for that Purpose, not being able to find any Place of Abode of the said Wood;" and praying, "That a peremptory Day may be appointed, for him to answer."

Whereupon Edward Watson was called in; and attesting upon Oath, at the Bar, the Truth of the Allegations of the said Petition:

And being withdrawn:

Ordered, That the said Henry Byam Wood do put in his Answer to the said Appeal on or before this Day Sevennight; and that the Service of this Order on his Clerk in Court be deemed good Service.

Sir D. Lever against Andrews.

A Petition of John Andrews Gentleman, Respondent to the Appeal of Sir Darcy Lever Knight, was presented, and read; praying, "In regard his Solicitor Mr. George Wilson had lately the Misfortune to dislocate his Ancle-bone, and so not at present able to assist the Petitioner; that the hearing the said Appeal may be adjourned for a Fortnight, or such other Time as the House shall think fit."

And thereupon Martin being called in, and examined upon Oath at the Bar, as to the Allegations of the said Petition:

And being withdrawn:

Ordered, That the hearing the said Cause be adjourned to Friday the 3d Day of March next.

D. of Kingston takes the Oaths.

Evelyn Duke of Kingston, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mackenzie against M. of Powis.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Mackenzie Esquire is Appellant, and William Marquis of Powis and Robert Garaen Gentleman are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 24th Day of this Instant February.

Keague to enter into Recognizance for the E. of Westmeath.

The House being moved, "That Francis Keague Gentleman may be permitted to enter into a Recognizance for Thomas Earl of Westmeath, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Francis Keague may enter into a Recognizance for the Appellant as desired.

Adjourn.

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

DIE Jovis, 16o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Meneven.
Epus. Norwic.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Derby.
Comes Northampton.
Comes Warwick.
Comes Winchilsea & Nott.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Dunmore.
Comes Bute.
Comes Ilay.
Comes Strafford.
Comes Harborough.
2. Comes Graham.
1. Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Talbot.

PRAYERS.

De Gols & al. against Jones.

The Answer of Philip Jones, One of the Respondents to the Appeal of Conrade de Gols Esquire and John Read, Assignees of the Estate and Effects of John Ward, under a Commission of Bankrupt awarded against him, was brought in.

E. Burlington et al. Pet. referred to Judges.

Upon reading the Petition of Richard Earl of Burlington, Dorothy Countess of Burlington his Wife, Daniel Earl of Winchilsea and Nottingham, Charles Lord Bruce, and John Finch Esquire; praying Leave to bring in a Bill, for discharging the Town and Lands of Killwinny, and other Lands in the Petition mentioned, in the several Counties of Waterford and Corke, and the Liberties of the City of Corke, in the Kingdom of Ireland, of the Yearly Value of Three Thousand Three Hundred and Sixteen Pounds, from the several Estates thereof limited; and for vesting the same in Trustees, to be leased and sold, in the First Place for satisfying Encumbrances affecting other Lands proposed to be settled in Lieu thereof; and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Percival to enter into Recognizance for Burke.

The House being moved, "That John Percival Gentleman may be permitted to enter into a Recognizance for Gerald Burke Esquire, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said John Percival may enter into a Recognizance for the Appellant, as desired.

D. Bedford, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Duke of Bedford; 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 divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth, and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of Bedford, in Fee Simple; and for settling other Estates, in the Counties of Bucks and Hertford, of greater Value, to the like Uses, in Lieu thereof."

Comyns & al. Pet. referred to Judges.

Upon reading the Petition of Thomas Commyns Esquire and Dame Mary Tipping his Wife; praying Leave to bring in a Bill, for Sale of certain Demesne Lands called Lyndridge, and the Mansion-house thereon, and the Park and other Lands intermixed with or adjoining thereunto, instead of some other Estates directed to be sold by a Decree in Chancery; and that the same, and such Lands as shall be purchased with the Residue of the Money arising by Sale of Lyndridge and the other Estates desired to be sold, be settled to the same Uses as those Estates at present stand limited:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Commyns; with the usual Directions, according to the Standing Order.

De Gols et al. against Ward et al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Conrade De Gols Esquire and John Read Gentleman, Assignees under a Commission of Bankrupt awarded against John Ward late of London Merchant, are Appellants, and Knox Ward Clarencieux King at Arms and Elizabeth his Wife and others Respondents.

And the Appellants Counsel having been fully heard;

And some Proofs in the Cause read:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Judges do attend this House, at the said further Hearing.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in Diem Veneris, decimum septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Norwic.
Epus. Glocestr.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Marlborough.
Dux Portland.
Dux Manchester.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Ilay.
Comes Strafford.
Comes Rockingham.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Harcourt.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Talbot.

PRAYERS.

Malt Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-eight;" to which they defire the Concurrence of this House.

The said Bill was read the First Time.

D. Bedford's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Hereditaments, in the Counties of Kent, Suffolk, Essex, Hereford, and Monmouth, and the City of London, entailed by the Will of Elizabeth late Dutchess of Bedford, in John Duke of Bedford, in Fee Simple; and for settling other Estates, in the Counties of Bucks and Hertford, of greater Value, to the like Uses, in Lieu thereof."

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

Ld. President.
Ld. Steward.
Ld. Chamberlain.
D. Beaufort.
D. Leeds.
D. Portland.
D. Manchester.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Coventry.
E. Cholmondeley.
E. Ilay.
E. Strafford.
E. Rockingham.
E. Cowper.
E. Harborough.
E. Pomfret.
E. Graham.
E. Fitzwalter.
E. Effingham.
V. Fauconberg.
L. Bp. Hereford.
L. B. Norwich.
L. B. Glocester.
Ld. Delawarr.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Weston.
L. Gower.
L. Hervey.
L. Cathcart.
L. Hay.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Monson.
L. Lovell.
L. Talbot.

Their Lordships, or any Five of them; to meet on Monday the 6th Day of March next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

M. Annandale against E. and C. of Hoptoun.

Upon reading the Petition and Appeal of George Marquis of Annandale; complaining of Parts of Interlocutors, as well of the Lord Ordinary, as of the Lords of Session in Scotland; particularly of an Interlocutor of the Lord Ordinary of the 8th Day of this Instant February, made on the Behalf of Charles Earl of Hoptoun and Sophia Countess of Hoptoun his Wife; and praying, "That the same may be reversed; and that the Petitioner may have such Relief as to the House shall seem meet:"

It is Ordered, That the said Earl and Countess of Hoptoun may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Friday the 17th Day of March next; and that Service of this Order upon the said Earl and Countess's Counsel, or Agent, in the Court below, be deemed good Service.

De Gols against Ward et al.:

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Assignees, under a Commission of Bankrupt awarded against John Ward late of London, Merchant, are Appellants, and Knox Ward and others are Respondents.

And the Respondents Counsel having been fully heard;

As likewise the Appellants Counsel, by Way of Reply:

They were directed to withdraw.

Ordered, That, on Monday next, the Judges do again attend this House, to deliver their Opinions on the following Question; (videlicet,)

Question to the Judges.

"Whether the Commission of Bankruptcy, issued on the 20th of November 1730, against John Ward, on the Petition of George Surtees, was good and valid in Law?"

Adjourn.

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

DIE Lunæ, 20o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bristol.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Bridgewater.
Comes Derby.
Comes Suffolk.
Comes Warwick.
Comes Chesterfield.
Comes Shaftesbury.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Dunmore.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Viscount Fauconberg.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Clifton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Weston.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Jervoise & al. Petition referred to Judges.

Upon reading the Petition of Thomas Jervoise Esquire and John Bampton Clerk, Canon Residentiary of the Cathedral Church of Sarum; praying Leave to bring in a Bill, for making effectual an Agreement for several Exchanges of Part of the Petitioners respective Properties in certain Estates, lying in the Manor and Parish of Stratford Toney, in the County of Wilts, in the Petition mentioned, for the Advantage of both Parties:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Comyns; with the usual Directions, according to the Standing Order.

Annesley, Leave for a Bill.

Upon reading the Petition of Francis Annesley Esquire; praying Leave to bring in a Bill, to enable the Petitioner, his Heirs and Assigns, and all claiming under the last Will and Testament of Arthur late Earl of Anglesey at any Time hereafter, to be at Liberty to exemplify in the Court of Chancery the said Will, and the Proceedings and Depositions of the Witnesses taken in the said Court, for proving the same, and now remaining as of Record in the same Court; and that such Exemplification may be allowed, and read in Evidence, at any Trial, or in any Suit, in any of the Courts of Law and Equity in the Kingdoms of Great Britain and Ireland:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-eight."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Bagenall against Dillon; et è contra.

The House being informed, "That Patrick Kearan attended, in order to deliver in several Copies of Pleadings, Proceedings, and Papers, in the Cause wherein Walter Bagenall Esquire is Appellant, and Edmund Dillon Gentleman Respondent; & è contra:"

Papers proved.

He was thereupon called in; and delivered, at the Bar, the said Copies; and attested upon Oath, "The same were true, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

De Gols & al. against Ward & al.:

The Order of the Day being read, for the Judges to deliver their Opinions upon this Question, proposed to be put to them, after hearing of the Cause wherein the Assignees under a Commission of Bankrupt awarded against John Ward late of London Merchant are Appellants, and Knox Ward and others Respondents; (videlicet,)

"Whether the Commission of Bankruptcy, issued on the 20th of November 1730, against the said John Ward, on the Petition of George Surtees, was good and valid in Law?"

Judges Opinions deferred.

Ordered, That the Judges do attend this House on Thursday next, to deliver their Opinions upon the said Question.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum primum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.