House of Lords Journal Volume 22
May 1726, 21-31

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History of Parliament Trust

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1767-1830

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689-692

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'House of Lords Journal Volume 22: May 1726, 21-31', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 689-692. URL: http://www.british-history.ac.uk/report.aspx?compid=113833 Date accessed: 21 October 2014.


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May 1726, 21-31

DIE Sabbati, 21o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Norwic.
Epus. Cestriens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Kent.
Comes Lincoln.
Comes Chesterfield.
Comes Scarbrough.
Comes Warrington.
Comes Findlater.
Comes Sussex.
Viscount Falmouth.
Ds. Delawarr.
Ds. Guilford.
Ds. Foley.

PRAYERS.

Hampden's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown."

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

It was Resolved in the Affirmative.

Combinations of Workmen in the Woollen Manufactures, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures; and for better Payment of their Wages."

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

It was Resolved in the Affirmative.

Improvement of the Customs, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties."

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 the Three preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. John Bennett and Mr. Lightboun:

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

Suitors in Chancery, for Relief of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of the Suitors of the High Court of Chancery."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time spent therein, the House was resumed.

And the Lord Delawarr 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."

Ordered, That the said Bill be read the Third Time on Monday next.

Skerret versus Nisbet.

The House was informed, "That, in the Beginning of this Session, an Appeal of Humphrey Skerret Gentleman, to which John Nisbet and others are Respondents, was received; complaining of several Orders of the Court of Chancery in Ireland; but that no Answer has hitherto been put in thereunto, nor any Copy of it taken out."

And it being this Day moved, "That the said Skerret may be at Liberty to amend the same:"

It is Ordered, That the said Appellant may amend the said Appeal, as desired.

Adjourn.

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

DIE Lunæ, 23o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Bolton.
Dux Kent.
Dux Manchester.
Comes Huntingdon.
Comes Pembroke.
Comes Northampton.
Comes Westmorland.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
2. Comes Sutherland.
1. Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Harborough.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Lechmere.

PRAYERS.

Noke versus Derby & Ux.

This Day the Answer of Richard Darby and his Wife, to the Appeal of James Noke of London Merchant, was brought in.

Message from H. C. to return Bennet's Bill:

A Message was brought from the House of Commons, by the Lord Morpeth and others:

To return the Bill, intituled, "An Act for vesting in Trustees the Estate of Thomas Bennett Esquire, in the Counties of Suffolk, Kent, Middlesex, and the City of London, to sell Part thereof, for Payment of his Debts;" and for other Purposes therein men tioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and vexatious Arrests, Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others:

To return the Bill, intituled, "An Act to prevent frivolous and vexatious Arrests;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Suitors in Chancery, for Relief of, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for Relief of the Suitors of the High Court of Chancery."

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. Thomas Bennett and Mr. Thurston:

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

Pantoun's Petition touching Costs:

Upon reading the Petition of Robert Pantoune Merchant, Respondent to the Appeal of Sir Alexander Cumming Baronet, lately depending in this House; setting forth, "That, upon hearing the said Appeal, their Lordships were pleased to dismiss the same, and order the said Sir Alexander to pay the Petitioner Fifty Pounds, for his Costs in respect thereof; who accordingly having empowered George Pantoune of London Gentleman, by Letter of Attorney, to demand Payment of the said Costs, and to receive the same; he did duly serve the said Sir Alexander with the said Order; but he refuses to pay the said Costs;" and praying, That this House will grant the Petitioner such Relief as to their Lordships shall seem meet:"

And thereupon the said George Pantoune being called in; and examined, upon Oath, touching the Allegations of the said Petition:

And being withdrawn:

Sir A. Cumming to pay them, or his Recognizance to be estreated.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Alexander Cumming shall pay, or cause to be paid, and he is hereby appointed to pay, unto the said Robert Pantoune, the said Sum of Fifty Pounds Costs, within Ten Days after the Date hereof; and if he shall fail therein, that then the Recognizance entered into the Tenth of February last, by the said Sir Alexander Cumming, to His Majesty, in the Sum of One Hundred Pounds, for Payment of such Costs as this House should appoint, in case the several Interlocutories from which he appealed should be affirmed, shall be estreated into His Majesty's Court of Exchequer, in order to have the same speedily put in Process there.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quartum diem instantis Maii, hora duodecima, Dominis sic decernentibus.

DIE Martis, 24o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Bangor.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Ds. King, Cancellarius.
Dux Devon, Præses.
Ds. Trevor, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Leicester.
Comes Warwick.
Comes Westmorland.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Ilay.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bingley.

PRAYERS.

Segrave versus Ryan.

The House was informed, "That a Person attended, with several Papers and Proceedings, in a Cause wherein Mary Segrave Widow is Appellant, and Do'n'k Ryan is Respondent; and desired now to prove the same to be true Copies:"

Whereupon Lawrence Nolan was called in, and sworn; and delivered in, at the Bar, the said Papers and Proceedings; and attested, "The same were true Copies, he having examined them with the Originals, in the proper Offices in Ireland."

And then he withdrew.

Burke versus Lynch.

The House being also informed, "That a Person attended, with a Paper, in the Cause wherein Theobald Burke Esquire is Appellant, and Thomas Lynch Esquire Respondent:"

Thereupon William Cole was called in, and sworn; and delivered in, at the Bar, a Copy of a Decretal Order in the said Cause; and attested, "the same was a true Copy, he having examined it with the Original."

And withdrew.

D. Grafton's Petition, to receive Appeal.

Upon reading the Petition of Charles Duke of Grafton; praying, "That this House will dispense with the Order of the Sixth of April last, to receive no more Appeals this Session; and, in regard to the Circumstances of the Petitioner's Case, that their Lordships will receive his Appeal from an Order of the Court of Chancery, made the Seventeenth Day of this Instant May, in a Cause wherein Thomas Horton, an Infant, by his prochein Amie, was Plaintiff, and the Petitioner Defendant, whereby several Issues are directed to be tried at the next Assizes for the County of Northampton, which will happen before the next Session, or Meeting of Parliament:"

It is Ordered, That the said Appeal be now received.

D. Grafton versus Horton.

Whereupon a Petition and Appeal of the said Charles Duke of Grafton, was presented to the House, and read; complaining of an Order of the Court of Chancery, made the Seventeenth Day of this Instant May, in a Cause wherein Thomas Horton, an Infant, Son and Heir of John Horton deceased, by Alice Horton his prochein Amie, was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said Thomas Horton, by his prochein Amie, may have a Copy of the said Appeal; and shall and is hereby required to put in an Answer thereunto, in Writing, on or before the First Day of the next Session, or Meeting of Parliament.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for repealing the Duty laid upon Snuff, by an Act made in the Eighth Year of Her late Majesty's Reign; and for ascertaining the Rates according to which the remaining Duties are to be paid; and for giving further Encouragement to the Greenland Fishery."

"2. An Act for vesting in His Majesty an Imposition of Two Pennies Scots upon all Ale and Beer brewed and sold in the City of Glasgow and Privileges thereof, for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot there."

"3. An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties."

"4. An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery; and to prevent the counterfeiting of East India Bonds, and Endorsements thereon; as likewise Endorsements on South Sea Bonds."

"5. An Act for Relief of the Suitors of the High Court of Chancery."

"6. An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for better Payment of their Wages."

"7. An Act to prevent frivolous and vexatious Arrests."

"8. An Act for the better regulating Trials by Nisi Prius, in the County of Middlesex."

"9. An Act for continuing an Act made in the Ninth Year of His Majesty's Reign (intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice.")

"10. An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst any Brickmakers or Tilemakers, within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

"11. An Act for building a Bridge cross the River of Thames, from the Town of Fulham, in the County of Middlesex, to the Town of Putney, in the County of Surrey."

"12. An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex."

"13. An Act for making the River Dun, in the West Riding of the County of York, navigable, from Holmstile, to Doncaster, up to the utmost Extent of Tinsley, Westward, a Township within Two Miles of Sheffield."

"14. An Act for making Provision for the Rector of St. Mary le Strand, in the County of Middlesex;" and for other Purposes therein mentioned."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

"15. An Act for Sale of the Scite of Cardigan House, lately demolished by Fire, situate and being in Great Lincoln's Inn Fields, in the County of Middlesex, for the Purposes therein mentioned; and for settling Lands of greater Value, in the County of York, to the same Uses."

"16. An Act for Sale of Part of the settled Estate of James Lord Waldegrave, in the County of Somerset; and for settling other Lands in Lieu thereof; and for other Purposes therein mentioned."

"17. An Act for discharging the Barton and Lands of and in Catch French, in the County of Cornwall, from the Uses and Limitations contained in the Will of Hugh Fortescue Esquire; and for settling the Barton and Demesne of Townhouse, and other Lands in the County of Devon, of greater Value, in Lieu thereof."

"18. An Act to repeal an Act, made in the Sixth Year of the Reign of His present Majesty King George, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure; and for other Purposes therein mentioned;" and also to vest the several Estates of the said Sir James Lumley, herein mentioned, in Trustees, to be sold, for Payment of the Debts and Legacies of Sir Martin Lumley Baronet, his late Father, deceased, and the said Sir James Lumley's own Debts."

"19. An Act for making Leases of divers Lands and Grounds, in the County of Middlesex, the Estate of Dame Mary Grosvenor, a Lunatic, during her Life."

"20. An Act for Sale of Part of the Estate of Sir Festus Burke Baronet, towards discharging the Debts and Incumbrances affecting the same; and for making a Provision for the Lady Letitia his Wife, Eldest Daughter of the Right Honourable John late Earl of Clamickard in the Kingdom of Ireland."

"21. An Act for vesting certain Manors and Lands, in the Counties of Oxon and Bucks, in Dame Anne Tipping and her Heirs; and certain Manors and Lands, in the County of Devon, in Dame Mary Tipping and her Heirs; and for other Purposes in the said Act mentioned."

"22. An Act for Sale of several Lands in the County of Suffolk, the Estate of the Honourable Thomas Sidney Esquire and Mary his Wife; and for purchasing several Lands in the County of Norfolk, of as great or greater Value, and settling the said Lands in Norfolk to the same Uses as the said Lands in Suffolk now stand limited."

"23. An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counries of Berks and Wilts, to the same Uses."

"24. An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown."

"25. An Act for Sale of Part of the Estate of John Burt, deceased, in the County of Southampton."

"26. An Act for vesting certain Lands and Hereditaments in the Kingdom of Ireland (the Estate of Cæsar Colclough Esquire) in Trustees, to be sold or mortgaged, for raising Money, to discharge Incumbrances affecting the same; and for other Purposes therein mentioned."

"27. An Act for vesting in Trustees the Estate of Thomas Bennett Esquire, in the Counties of Suffolk, Kent, Middlesex, and the City of London, to sell Part thereof, for Payment of his Debts; and for other Purposes therein mentioned."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then the Lord Chancellor, on his Knee, received a Paper, from His Majesty; and, being returned to his former Place at His Majesty's Right Hand, His Majesty spake as follows:

"My Lords, and Gentlemen,

"I have ordered my Lord Chancellor to declare to you, in My Name and Words, the Reasons of My coming this Day to Parliament."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"I have received His Majesty's Commands from the Throne, to declare to you, in His Name, and in His own Words, the Reasons of His coming to Parliament at this Time, as follows:

"My Lords, and Gentlemen,

His Majesty's Speech.

"I cannot, in Justice to you, put an End to this Session without returning you My hearty Thanks, for the many Instances you have given Me of your Duty and Affection to My Person and Government, and of your Zeal to maintain the Honour and true Interest of this Kingdom.

"The Spirit and Resolution you have shewn on this important Occasion, when our most valuable Rights and Privileges have been struck at, are highly becoming the Weight and Authority of a British Parliament; and the Steps which have been taken Abroad, in Support of the Measures entered into against this Nation, must convince every body of your Wisdom and Prudence, in endeavouring to put an early Stop to the farther Progress of them.

"I hope the Precautions you have enabled Me to take will be sufficient, in Conjunction with My Allies, to defeat the Designs which have been formed against us; and that the Promoters of them, when they have fully weighed their own Circumstances, and better considered those of the several Powers united in Defence of the Tranquillity and Liberties of Europe, will find it their own Interest to preserve the Peace, and think it most safe and prudent to desist from their dangerous Schemes.

"Gentlemen of the House of Commons,

"I return you My particular Thanks, for the Supplies which you have so chearfully and effectually raised; and you may be assured, that they shall be faithfully applied to the Uses for which you intended them.

"My Lords, and Gentlemen,

"The constant Employment of My Thoughts, and the most earnest Wishes of My Heart, tend wholly to the securing to My Subjects their just Rights and Advantages, and to the preserving to them, and to all Europe, the Enjoyment of a safe and honourable Peace. And I must not conclude without giving you the strongest Assurances, that the particular Considence you have placed in Me, shall be made Use of in such Manner only, as may most effectually conduce to the attaining those good and great Purposes".

Which being ended; the Lord Chancellor, on his Knee, received His Majesty's further Commands; and, being returned to his former Place, his Lordship said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Thursday the One and Twentieth Day of July next, to be then here held: And this Parliament is accordingly prorogued to Thursday the One and Twentieth Day of July next."