Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 23: February 1730, 1-10', in Journal of the House of Lords Volume 23, 1727-1731, (London, 1767-1830) pp. 470-475. British History Online https://www.british-history.ac.uk/lords-jrnl/vol23/pp470-475 [accessed 26 April 2024]
In this section
February 1729, 1-10
DIE Lunæ, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Chief Justice of the Court of King's Bench sat Speaker, by Virtue of a former Commission.
L. Kingston versus Badham.
The Answer of Brettridge Badham Esquire, to the Appeal of James Lord Baron of Kingston in the Kingdom of Ireland:
Prat versus Hopkins & al.
As also, the Answer of William Hopkins, Benjamin Metford, Henry Talbot, and Joseph Farmer, to the Appeal of John Prat Esquire;
Were brought in.
Thanks to Bp. of Bristol, for his Sermon.
Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the Sermon by him preached before this House, in the Abbey Church, Westminster, on Friday the Thirtieth Day of January last; and he is hereby desired to cause the same to be forthwith printed and published.
Bathurst and Brodrick to enclose Mixbury Common, Leave for a Bill.
A Petition of Benjamin Bathurst Esquire, Lord of the Manor of Mixbury in the County of Oxford, and Lawrence Brodrick D. D. Rector of the Parish of Mixbury aforesaid, was presented to the House, and read; praying Leave to bring in a Bill, for enclosing Common Fields, Downs, and Wastes, in the said Manor:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Cavendish & al. Pet. referred to Judges.
Upon reading the Petition of James Cavendish Esquire, commonly called Lord James Cavendish, a Younger Son of William First Duke of Devonshire, deceased, in Behalf of himself and of William Cavendish Esquire his only Son, an Infant under the Age of Twenty-one Years, and of William now Duke of Devonshire; praying Leave to bring in a Bill, for vesting the Manor of Claxby, and Lands in the County of Lincoln, discharged of the Uses in a former Settlement, to be, on Payment of Four Thousand Two Hundred Pounds, conveyed as the Petitioner the said James Cavendish shall direct:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Page and Mr. Baron Comyns; with the usual Directions, according to the Standing Orders.
Ross & al. versus Close & al.
After hearing Counsel, upon the Petition and Appeal of Robert Ross, John Gordon, and Alexander Hamilton Gentlemen; complaining of an Order of the Court of Chancery in Ireland, made the Twenty-second Day of February last, in a Cause wherein the Reverend Samuel Close and Catherine his Wife, Margaret and Mary Close their Infant Children, by their Guardian, were Plaintiffs, and the Appellants, and Hector Graham, and Dame Margaret Maxwell, were Defendants; and praying, That the said Order over-ruling the Appellants Plea may be reversed:" As also upon the Answer of the said Samuel Close Clerk and Catherine his Wife, Margaret Close and Mary Close, Infants, by the said Samuel Close their Father and Guardian, 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 Order therein complained of be, and is hereby, affirmed.
Sir J. Lumley, by Mis. Neville, Pet. referred to Judges.
Upon reading the Petition of Sir James Lumley Baronet, a Lunatic, by Elizabeth Neville Widow, the Committee of his Person and Estate; praying Leave to bring in a Bill, for vesting an entailed Estate, in the County of Essex, in Trustees, upon Trust, by Sale or Mortgage of the same, or so much thereof as shall be sufficient, to raise Monies, to pay off and discharge the Petitioner's late Father's Debts and Legacies, and likewise all the Petitioner's own Debts; and that such Part of the said entailed Estate as shall remain unsold (if any such there be), after all the aforesaid Incumbrances, Debts, and Legacies, are paid off and discharged, may be vested in Trustees, to the Use of the Petitioner, his Heirs and Assigns for ever:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
Cardonnell versus Brown.
The Order made on Thursday last, for taking into Consideration To-morrow the Matter touching the Prayer of the Appeal of James Cardonnell Esquire, and for the Attendance of him and the Clerks in Court on both Sides, being read:
It is Ordered, That the said Matter be taken into Consideration on Wednesday next; and that the said Appellant and Clerks in Court do then attend this House.
Adjourn.
Robertus Raymond Miles, Capitalis Justiciarius de Banco Regis declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 4o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Kelynack versus Gwavas.
The Answer of William Gwavas Gentleman, to the Appeal of William Kelynack and others:
Staines versus Maddocks.
Also, the Answer of Edward, Robert, Thomas, John, William, and Sarah Maddock, by their prochein Amy, to the Appeal of John Staines:
Lynch versus Dalzeel & al.
Likewise, the joint and several Answers of Robert Dalzell, John Everett, and Henry Cartwright, to the Appeal of Roger Lynch and John Lynch:
Bovall versus Theobald.
Also, the amended Answer of Peter Theobald and Joseph Thcobald, to the Appeal of Frances Bovall Widow:
Hopkins versus Honywood.
And likewise, the Answer of Isaac Honywood Esquire, to the Appeal of Bertie Hopkins and his Wife;
Were brought in.
Lord Kingston versus Badham.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Lord Baron of Kingston in the Kingdom of Ireland is Appellant, and Brettridge Badham Esquire is Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Magistrates of Perth against the Presbitery.
A Petition of Robert Dalrymple, Agent for the Respondents to an Appeal of the Magistrates and Town Council of Perth, was presented to the House, and read; praying, "In regard Mr. Ercskine, who is fully instructed in the Cause, is not expected in Town from Scotland till the latter End of this Month, that the Hearing thereof may be put off, from Friday next, till the Fifth of March following."
Thereupon the Petitioner and the Agent for the Appellants were called in, and heard at the Bar:
And being withdrawn:
It is Ordered, That the Hearing the said Cause be put off till Thursday the Fifth Day of March next; and then to be heard peremptorily.
Moodie versus Stewart.
The House being informed, "That the Agents on both Sides, in the Cause wherein Elizabeth Moodie is Appellant, and John Stewart Esquire is Respondent, desired the Hearing thereof might be put off till Friday next, if their Lordships so pleased:"
Whereupon they were called in, and heard at the Bar.
And being withdrawn:
It is Ordered, That the said Hearing be put off accordingly.
Mixbury Common Fields to enclose, Bill.
The Earl of Strafford presented to the House, pursuant to the Order on Monday last, a Bill, intituled, "An Act to confirm an Agreement for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon."
And the same was read the First Time.
Claughton Common to enclose, Bill.
The Lord Bishop of Bath and Wells reported from the Lords Committees to whom the Bill, intituled, An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and gone through the same, with several Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Amherst versus Lytton & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Selby Amherst Esquire is Appellant, and William Robinson Lytton, Francis Mascall and James Bedingfeld, Esquires, are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Lynch & al. versus Dalzell & al.
The like Motion and Order for hearing the Cause wherein Roger Lynch and John Lynch are Appellants, and Robert Dalzell, John Everett, and Henry Carlwright, are Respondents, on the next vacant Day for Causes after those already appointed.
Bevall versus Theobalds.
The like Motion and Order for hearing the Cause wherein Frances Bovall Widow is Appellant, and Peter Theobald and Joseph Theobald are Respondents, on the next vacant Day for Causes after those already appointed.
Cardonnell's Appeal, Order concerning.
The Order being read, for taking into Consideration the Matter touching the Prayer of the Appeal of James Cardonnell Esquire, and Mary Lilly Widow, to which Valentine Brown, Anthony Hammond, William Weldon and Elizabeth his Wife, Margaret and Frances Browne, John Asgill, and Richard Hedges, are Respondents; desiring, "That Service of the Order of this House on the said Respondents Clerks in Court here in England might be good Service; some of the said Respondents residing in Ireland:"
And the Appellant and Clerks in Court on both Sides, attending, were called in; and heard, at the Bar.
And being withdrawn:
It is Ordered, That the Respondents to the said Appeal do put in their Answer or respective Answers thereunto, in Writing, within Six Weeks after due Service made on their respective Clerks in Court for that Purpose.
Badham's Papers proved.
The House being informed, "That David Cole attended, with the Papers and Proceedings, in the Cause wherein James Lord Baron of Kingston in the Kingdom of Ireland is Appellant, and Brettridge Badham Esquire is Respondent:"
He was called in; and delivered the same, at the Bar; and attested, upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Wood to enter into a Recognizance for Lucy.
The House being moved, "That Henry Wood, of The Inner Temple, London, Esquire, may be permitted to enter into a Recognizance for Frances Lucy Widow, on account of her Appeal depending in this House; she being absent in the Country:"
It is Ordered, That the said Henry Wood may enter into a Recognizance for the said Appellant, as desired.
Gordon to enter into a Recognizance for Minchin.
The like Motion and Order, "That John Gordon Gentleman, Agent for John Minchin Esquire, may enter into a Recognizance for him, upon account of his Appeal; he being in Ireland."
Dr. Vernon to enter into a Recognizance for John Vernon.
The like Motion and Order, "That Dr. Edward Vernon may enter into a Recognizance for John Vernon Esquire, upon account of his Appeal; for a Reason of the same Nature."
Heron to enter into a Recognizance for Cutler.
The like Motion and Order, "That Patrick Heron Esquire may enter into a Recognizance for Archibald Cutlar, of Orraland, on account of his Appeal depending in this House; he being in Scotland."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 6o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Mixbury Common Fields to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to confirm an Agreement for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon."
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 next come Sevennight, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Queeneborough, &c. Common Fields, Leave for a Bill to enclose.
Upon reading the Petition of the Lords of the Manor of Queeneborough and South Croxton, in the County of Leicester; and of the Freeholders and other Persons (whose Names are subscribed), having Lands and Right of Common in and on the Common Fields and Commonable Lands of and in Queeneborough, and the Nether Fields of South Croxton, in the said County; praying Leave to bring in a Bill, for dividing and enclosing the said Common Fields and Commonable Lands, according to each Person's Right in the same:
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Claughton Commons to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster."
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. John Bennet and Mr. Lightboun:
To carry down the said Bill, and desire their Concurrence thereunto.
Bindon versus Ryves and Doyle.
Upon reading the Petition of David Bindon Merchant; praying, "In regard the Petitioner is detained in Ireland on several extraordinary Affairs, that the Hearing his Appeal may be adjourned for a Month; and that the same may be then set down to be heard as against Ryves, and ex Parte as against the Respondent Doyle:"
Thereupon the Agents on both Sides were called in; and heard, at the Bar.
And the Respondents Agent consenting:
And being withdrawn:
It is Ordered, That the Hearing the said Cause be adjourned till this Day Month, as desired.
Staines versus Maddocks:
Upon reading the Petition of Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amy, Respondents to the Appeal of John Staines; praying, "That a Bye-day may be appointed, for hearing the said Appeal:"
Hearing appointed on a Bye day.
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Nineteenth Day of this Instant February, at Eleven a Clock.
Kelynack & al. versus Gwavas:
The House being moved, "That Thursday the Twenty-sixth Instant may be appointed, for hearing the Cause wherein William Kelynack and others are Appellants, and William Gwavas Gentleman is Respondent:"
Hearing appointed on a Bye day.
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the said Twenty-sixth Day of this Instant February, as desired.
Jenyns, Leave for a Bill to dissolve his Marriage.
Upon reading the Petition of James Jenyns Esquire; praying Leave to bring in a Bill, to dissolve his Marriage with Rachell Estwick, and to enable him to marry again; and to illegitimate the spurious Child that has been born of her since her Separation; and any other Child which shall be born of her:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Smollet & al. versus Buntine & al.:
Upon reading the Petition of Robert Dalrymple, Agent for William Buntine and others, Respondents to the Appeal of George Smollet and others; praying, "In regard the Decree and Papers requisite in this Cause are not yet brought from Scotland, that the Hearing thereof, which stands for Monday next, may be put off to a further Day:"
Thereupon the Petitioner and Mr. Alexander Hamilton were called in.
And the Appellants Agent acquainting the House, He had received Notice of this Petition but a Quarter of an Hour ago;" and desiring the Hearing might not be put off:
And being withdrawn:
Petition to put off Hearing withdrawn.
It is Ordered, That Leave be given to withdraw the said Petition.
McCarthy to enter into a Recognizance for E. Aberdeen.
The House being moved, "That Alexander McCarthy, of Grays Inn, Esquire, may be permitted to enter into a Recognizance for William Earl of Aberdeen, on Account of his Appeal; he being in Scotland:"
It is Ordered, That the said Alexander McCarthy may enter into a Recognizance for the said Appellant, as desired.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Sir Richard Lane and others:
With a Bill, intituled, "An Act for naturalizing Paul Torras and others;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Sir George Caswall and others:
With a Bill, intituled, "An Act for naturalizing Herman Broyel;" to which they desire the Concurrence of this House.
Cokburne versus Colonel Ogilvie.
Upon reading the Petition and Appeal of John Cokburne Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Fifteenth of February 1727, the Sixth and Twenty-seventh of December 1728, in so far as they allow of the Payments, as made by Colonel Ogilvie, out of his own Money, or Rents of the Estate; and of the Interlocutors of the Second and Twenty-eighth of January last, made on the Behalf of Colonel Patrick Ogilvie; and praying, "That the same may be reversed:"
It is Ordered, That the said Colonel Patrick Ogilvie may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Sixth Day of March next; and that Service of this Order upon the Respondent's Procurators, or Agent, in the Court below, be deemed good Service.
Moodie versus Stewart:
After hearing Counsel, upon the amended Petition and Appeal of Elizabeth Moodie; complaining of several Interlocutories of the Lords of Session in Scotland, of the Eleventh of June, the Eighth and Twenty-fourth of July, 1726, the Tenth of June, and Eighteenth of July, 1727, and the Seventeenth of January, 1727–8; and the final Judgement, made on the Behalf of John Stewart of Burgh Esquire; and praying, "That the same may be reversed; and that an Interlocutory of the Lord Ordinary, of the Twenty-first of February 1727, may be affirmed:" As also upon the Answer of the said John Stewart put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
Interlocutors affirmed.
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 several Interlocutories therein complained of be, and the same are hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lord Brooke & al. to enclose Lillington Common Fields, Leave for a Bill.
Upon reading the Petition of Francis Lord Brooke, Baron Brooke of Beauchamps Court, by his Guardians and Trustees, Henry Wise Esquire, the Vicar, and other the Proprietors of the Lands at Litlington, in the County of Warwick; praying Leave to bring in a Bill, for dividing and enclosing the said Lands, according to their Agreement for that Purpose:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Bill read.
Then the Lord Foley, pursuant to the said Order, presented to the House a Bill, intituled, "An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick."
And the same was read the First Time.
Smollet versus Buntine & al.
Upon reading the Petition of William Buntine and others, Respondents to the Appeal of George Smollet Esquire and others; praying, "In regard the Petitioner came to Town from Scotland but last Night, and is willing to pay the Appellants the Costs of this Day's Attendance, that the Hearing this Cause may be put off for some Time:"
It is Ordered, That, upon the Respondents paying to the Appellants Ten Pounds for their Costs, the said Hearing be put off till Tuesday the Seventeenth Day of this Instant February; and then to be heard peremptorily.
Hopkins & Ux. versus Honywood.
Upon reading the Petition of Bertie Hopkins and Margaret his Wife; praying, "That a Day may be appointed, for hearing their Appeal, to which Isaac Honywood Esquire is Respondent; and that the Petitioners may have Liberty to amend the same, by altering the Date of an Order, from the Twenty-fifth to the Thirtieth of July 1726:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed; and that the Petitioners be at Liberty to amend their said Appeal, as desired, they amending the Respondents Copy.
Satisfatt & al. Petition, referred to Judges.
Upon reading the Petition of Margery Satisfatt, in Behalf of herself and Daughter Jemima Satisfatt, an Infant of Six Years old and upwards, Roger Satisfatt, also an Infant Brother of the said Jemima by One Father, and of Edward Lord Bishop of Coventry and Litchfield; praying Leave to bring in a Bill, to confirm several Agreements in the Petition mentioned, and to bring the Conditions and Intention thereof to full Effect:
It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.
Archbishop of Armagh and Whaley against The King:
Upon reading the Petition of Richard Daniel, Dean of Ardmagh; praying, "In regard the Petitioner has been detained in England for Seventeen Months, in attending the Issue of a Cause, upon a Writ of Error, wherein the Archbishop of Ardmagh and Nathaniel Whaley Clerk are Plaintiffs, and the King is Defendant; that a Bye-day may be appointed, for arguing the Errors in this Case:"
Errors to be argued on a Bye-day.
It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Tuesday the Twenty-fourth Day of this Instant February, at Eleven a Clock.
Torras & al. Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Paul Torras and others.
Obreen, Petition to be added to Nat. Bill.
A Petition of William Obreen Merchant, was presented to the House, and read; praying, "That his Name may be inserted in the Bill for naturalizing Paul Torras and others, in order to his Naturalization:"
It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.
Broyel, Nat. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for naturalizing Herman Broyel."
Horninghold Common Fields to enclose, Leave for a Bill.
Upon reading the Petition of Thomas Dummer Esquire, Lord of the Manor and Impropriator of the Rectory of Horninghold, in the County of Leicester, Maydwell Mason Clerk, Vicar of Horninghold aforesaid, and of the several other Persons whose Names are subscribed, being Owners and Proprietors of the greatest Part of the Common Fields and Common Grounds, lying dispersed in the said Parish of Horninghold; praying Leave to bring in a Bill, for enclosing and dividing the said Common Fields and Common Grounds, in the said Parish:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Dixon, to enter into a Recognizance for Murphy.
The House being moved, "That William Dixon, of Lincoln's Inn, Gentleman, may be permitted to enter into a Recognizance for Samuel Murphy, on account of his Appeal; he residing in Ireland:"
It is Ordered, That the said William Dixon may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.