House of Lords Journal Volume 21: January 1722, 1-10

January 1722, 1-10

DIE Martis, 9^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Allardes versus Smart & al.

This Day the Answer of Jane the Widow of John Allardes, late Merchant in Aberdeen, on Behalf of herself and Children, Respondents to the Petition and Appeal of John Allardes of Aberdeen Merchant, was brought in.

Newton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Elizabeth and Margaret Newton, Infants, during their Minority (with Consent of Trustees), to grant and fill up Leases of Part of the Estate late of John Newton Esquire, their Father, deceased."

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. Godfrey and Mr. Conway:

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

E. of Scarborough takes his Seat.

This Day Richard Earl of Scarbrough sat first in Parliament, upon the Death of his Father Richard Earl of Scarbrough; and 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.

Kilburn to Sparrows Hern Highway, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highway between a certain Place called Kilburn Bridge, in the County of Middl'x, and Sparrows Hern, in the County of Hertford."

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 Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

King's Answer to Address relating to the Disposal of Spanish Ships.

The Lord Steward reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House of the Twenty-first of December last, "That His Majesty would be graciously pleased to give Orders to the proper Officers, to lay before their Lordships an Account how the Ships and Vessels lately taken from Spain, in The Mediterrdnean, were disposed of; and also Copies of the Letters and Orders sent, or given, relating to the Disposal of the said Ships and Vessels;" and that His Majesty was pleased to return Answer,

"That He had given Orders accordingly."

River Eden navigable, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for making the River Eden navigable, to Bank End, in the County of Cumberland," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

L. Harcourt's Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act to vest Two Fourth Parts of a Fee-farm Rent of Eighty-two Pounds, Eight Shillings, and Two Pence, issuing out of the Manor of Kingswood, in the County of Wilts (of which Two Fourth Parts the Lord Viscount Harcourt is seised in Fee), in Trustees, to the like Uses as a Messuage and Lands called Johnson's Farm, in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, were devised by Dame Elizabeth Harcourt Widow, deceased; and, in Lieu thereof, for vesting the said Premises, called Johnson's Farm, in the said Lord Viscount Harcourt and his Heirs," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Elgine Duty on Beer, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Elgine, and Privileges thereof, for paying the public Debts of the said Town, and for other Purposes therein mentioned," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Hooper & al. Petition referred to Judges.

Upon reading the Petition of Nicholas Hooper Esquire and Mary his Wife, Stephen Northleigh Esquire and Margaret his Wife, Sir George Chudleigh Baronet and Dame Frances his Wife, Trephena Davie Spinster, John Pollexfen Esquire, and Dame Abigail Davie Widow and Relict of Sir William Davie Baronet, deceased; praying Leave to bring in a Bill, for vesting the Inheritance of divers Lands and Rents, in the Counties of Devon and Somerset, expectant on a Term of Five Hundred Years, in Trustees, to be sold, to discharge certain Portions and Legacies in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, 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 Powys; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Highgate and Hampstead Highways, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend the Act passed in the Third Year of His present Majesty's Reign, for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampsiead, in the County of Middlesex," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Palmer's Nat. Bill.

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

Steinman's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Lucas Steinman."

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. Godfrey and Mr. Conway:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Schele's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Christopher Schele."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for repairing the Highway between Kilburn Bridge and Sparrows Hern stands committed.

Their Lordships, or any Five of them; to meet likewise on Thursday next, at the same Place; and to adjourn as they please.

Sir J. Wentworth's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of Sir John Wentworth's Estate, towards raising Part of the Sum of Ten Thousand Pounds, for the Purposes therein mentioned," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the Bill be engrossed.

Manner of settling Judgements of this House.

The Order of the Day being read, for taking into Consideration the Manner of settling the Judgements given by this House, on hearing Causes:

The Lords following were appointed a Committee, to consider of the Manner of preserving Appeals and Answers, and of settling and entering of the Judgements of this House thereupon; and report to the House:

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

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir John Ward and others:

With a Bill, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under," to which they desire the Concurrence of this House.

Salt Duties, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only; and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland."

And, after some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Quakers Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under."

And a Motion being made, "That the said Bill be read a Second Time on Monday next:"

After Debate;

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

It was Resolved in the Affirmative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 10^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Papers, relating to the Disposal of the Spanish Ships, delivered.

The Lord Carteret, One of His Majesty's Principal Secretaries of State, presented to the House (by His Majesty's Command), pursuant to their Lordships Address of the One and Twentieth of December last, several Papers, relating to the Disposal of the Ships lately taken from Spain in The Mediterranean; and also several Papers transmitted Yesterday by the Lord Viscount Torrington to the Lord Carteret, relating to the Disposal of the said Ships.

The Titles thereof were read, as follow; (videlicet,)

"Copy of so much of Mr. Secretary Craggs's Letter, dated September 11th 1718, as contains His Majesty's Orders to Sir George Byng, concerning the Disposal of the Ships taken from Spain."

"Copy of the Third, Fourth, and Part of the Fifth Article of the Treaty of 1721, between Great Britain and Spain."

"Translation of the Third, Fourth, and Part of the Fifth Article of the Treaty of 1721, between Great Britain and Spain."

"Copy of the King's Order, under His Sign Manual, to the Agents for the Captors of the Prizes taken from Spain, to deliver the said Prizes to the King of Spain's Officers, dated June 23d 1721."

"Copy of a Letter from the Lord Viscount Torrington, to the Right Honourable the Lord Carteret, dated the 8th of January 17 21/22."

"A List of the Spanish Ships taken and destroyed by the Fleet under the Command of Sir George Byng Baronet, the 31st July 1718."

"Copy of an Order from Sir George Byng, to all the Captains of His Majesty's Ships of The Mediterranean Squadron, relating to the Spanish Prizes; dated on Board The Barflour, at Syracuse, the 10th August 1718."

"Extract of Sir George Byng's Order to Vice Admiral Cornwall, relating to the Spanish Prizes; dated 11th August 1718."

"Copy of a Letter from Sir George Byng to the Commanding Officer at Port-Mahon, relating to the Disposal of the Prizes; dated at Naples, 16 November 1718, O. S."

"Copy of a Letter from Sir George Byng, to Messrs. Revell and Cooley, relating to the Spanish Prizes; dated at Naples, 13 July 1720, N. S."

"Copy of a Letter from Sir George Byng to Mr. Cooley, relating to the Spanish Prizes; dated at Naples, the 13th July 1720, N. S."

An Account of the Disposal of the Spanish Ships taken in the Battle off of Sicily, in the Year 1718."

Harcourt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest Two Fourth Parts of a Fee-farm Rent of Eighty-two Pounds, Eight Shillings, and Two Pence, issuing out of the Manor of Kingswood, in the County of Wilts (of which Two Fourth Parts the Lord Viscount Harcourt is seised in Fee), in Trustees, to the like Uses as a Messuage and Lands called Johnson's Farm, in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, were devised, by Dame Elizabeth Harcourt, Widow, deceased; and, in Lieu thereof, for vesting the said Premises, called Johnson's Farm, in the said Lord Viscount Harcourt and his Heirs."

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. Godfrey and Mr. Conway:

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

Bp. of Bangor to preach the 30th Instant.

Ordered, That the Lord Bishop of Bangor be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Tuesday the Thirtieth Day of this Instant January.

D of Chandos' Privilege:

Complaint being made to the House, of a Breach of Privilege, committed by Samuel Burton Esquire, late Receiver General of the County of Radnor, and John Jones late Deputy Sheriff of the same County, in prosecuting a Suit in His Majesty's Court of Exchequer; and, by virtue of an Extent and other Proceedings thereupon, entering the Estate, and seizing the Goods and Chatiels of divers Tenants, of James Duke of Chaudos, within the Time of Privilege of Parliament, in Breach of the Privilege of this House:

And thereupon several Witnesses were called in; and examined, upon Oath, at the Bar, in relation to the said Complaint.

And a Copy of the said Extent and an Inquisition being produced at the Bar, and the Dates thereof read, as also a Clause, touching Debts due to the Crown, in the Act of the Twelfth and Thirteenth of King William the Third, intituled, "An Act for preventing any Inconveniences that may happen by Privilege of Parliament," being read:

Burton and Jones attached for entening on his Estate &c.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Samuel Burton and John Jones, for their said Offences, and keep them in safe Custody during the Pleasure of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jophson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Message from H. C. to return the Mutiny Bill.

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

To return the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

E. of Pomfret introduced:

This Day Thomas Lord Lempster, being, by Letters Patent, dat. Vicesimo Septimo Die Decembris, Anno Octavo Georgit Regis, created Earl of Pomfret, alias Pontesract, in Com. Ebor. was, in his Robes, introduced, between the Earl of Pembroke and Montgomery and the Earl of Sunderland (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Willoughby of Eresby (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.

His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Thomæ Comiti Pomfret, alias Pontefiact, in Com. Nostro Ebor. Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Desensionem Regni Nostri Magnæ Britanniæ & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, teneri ordinavcrimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum tbidem tunc tentum suit; & abinde, per separalia Adjournamenta & Prorogationes, usque ad & in Decimum Nonum Diem Octobris ult. pretærit. adjournatum & prorogatum, & ibidem nunc tentum est; vobis, sub Fide & Ligeantia quibus Nobis tenemint, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnanbus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, & nullatenus omittatis.

Teste Meipso, apud Westm. Vicesimo Septimo Die Decembris, Anno Regni Nostri Octavo.

"Wrighte."

Then his Lordship 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 Statuces; and was afterwards placed on the lower End of the Earls Bench.

Causes of contracting Navydebt to be considered.

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, being read:

It is Ordered, That the House be put into the said Committee on Saturday next.

White & al. versus Lightburn & al.

Upon reading the Petition and Appeal of Anne White Widow, Paul Howel Esquire, and Thomas Burrows Gentleman; complaining of certain Orders of the Court of Chancery in Ireland, of the Fifth of July and Thirteenth of November last, in a Cause there depending, wherein Stafford Lightburn Esquire and Catharine his Wife, Jomes Kenedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Serah Pue, were Plaintiffs, and the Petitioners and others were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed, and the Petitioners relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Stafford Lightburn and Catharine his Wife, James Kenedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Fourteenth Day of February next; and that Service of this Order on the Respondents Clerk or Clerks in the Chancery of Ireland be deemed good Service."

River Eden navigabl, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the River Ed'n navigable, to Bank End, in the County of Cumberland."

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

It was Resolved in the Affirmative.

Palmer's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Palmer."

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

It was Resolved in the Affirmative.

Highgate and Hampstead Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend the Act passed in the Third Year of His present Majesty's Reign, for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampstead, in the County of Middlesex."

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

It was Resolved in the Affirmative.

Elgine Duty on Beer, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Elgine, and Privileges thereof, for paying the public Debts of the said Town; and for other the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Salt Duties, &c. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only, and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Five preceding Bill.

And Messages were severally sent to the House of Commons, by Mr. Godfrey and Mr. Conway:

To acquaint them, that the Lords have agreed to the said several beforementioned Bills, without any Amendment.

Adjourn.

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