House of Lords Journal Volume 25: February 1740, 1-10

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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'House of Lords Journal Volume 25: February 1740, 1-10', in Journal of the House of Lords Volume 25, 1737-1741, (London, 1767-1830) pp. 454-459. British History Online https://www.british-history.ac.uk/lords-jrnl/vol25/pp454-459 [accessed 17 April 2024]

In this section

February 1740, 1-10

DIE Veneris, 1o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Landavens.		 Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Beaufort.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Comes Derby.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Albemarle.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Harcourt.		 Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Bruce.
Ds. Craven.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.

PRAYERS.

Bryce & al. against Bryce:

The Answer of William Bryce Merchant in Glasgow, to the Appeal of Ninian Bryce and others, was brought in:

Aylmer against Dillon & al.:

As was also, the Answer of Robert Dillon Esquire, to the Appeal of Dame Ellis Aylmer:

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

Thanks to the Bishop of Bangor, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bangor, for the Sermon by him preached before this House, on Wednesday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Lord Craven's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining several Powers contained in the Will of William late Lord Craven, for making Jointures and Leases; and for rendering the same Powers more effectual, for the Purposes thereby intended."

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. Holford and Mr. Bennet:

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

Watson's Petition referred to Judges.

Upon reading the Petition of Joseph Watson Gentleman, for himself and on the Behalf of Jane Watson his Wife, and James Tempest Watson his Son, an Infant; praying Leave to bring in a Bill, for Sale of certain Estates, lying in Catton, and other Places, in the County of Norfolk, for Payment of Debts and Encumbrances:

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

E. of Bradford's Guardians Petition referred to Judges.

Upon reading the Petition of Algernoon Earl of Mountrath in the Kingdom of Ireland, and Diana Countess of Mountrath his Wife, Orlando Bridgeman Esquire and the Lady Anne his Wife, Guardians and Committees of the Person and Estate of Thomas Earl of Bradford, a Lunatic; praying Leave to bring in a Bill, to enable the said Committees, and such others as may for the future be Committees for the said Earl, for the Time being, to make Leases of certain Lands, Tenements, and Hereditaments, in the County of Salop, and take Fines, for the Benefit of the said Earl:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer: with the usual Directions, according to the Standing Order.

Keck's Petition referred to Judges.

Upon reading the Petition of Anthony Keck Esquire, heretofore called Anthony James; praying Leave to bring in a Bill, to enable him to settle a Jointure on his Wife; and to empower him, when he shall be in the Possession of the Lands directed to be purchased by the Will of Anthony Keck, late of Southamptoun Street, Bloomsbury, Gentleman, deceased, to make Leases thereof, for such Terms and Estates as in the Petition mentioned:

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 Fortescue; with the usual Directions, according to the Standing Order.

Blacket & al. Leave for a Bill.

Upon reading the Petition of Walter Blacket Esquire, Lord of the Manor of Gunnerton, in the County of Northumberland, and Samuel Burroughs Esquire; praying Leave to bring in a Bill, for enclosing and dividing certain Common Fields, Common Pastures, and Waste Grounds, lying in the said Manor:

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

Persons take the Oaths to be naturalized.

John George Dolfuss, Anthony Aubert, Maurice Margarot, Anthony Laporte, and James Auriol, took the Oaths appointed, in order to their Naturalization.

Vazielle & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Vazielle and Stephen Saintandre."

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

Ld. President.
L. Chamberlain.
D. Richmond.
D. Montagu.
D. Athol.
D. Newcastle.
D. Portland.
E. Derby.
E. Suffolk.
E. North'ton.
E. Winchilsea.
E. Shaftesbury.
E. Findlater.
E. Aylesford.
E. Cowper.
E. Harborough.
Vis. Fauconberg.
Vis. Harcourt.		 L. B. Rochester.
L. B. Hereford.
L. B. Litch. & Cov.
L. B. St. Asaph.
L. B. Norwich.
L. B. Landaff.		 L. Abergavenny.
L. Willoughby Par.
L. Bruce.
L. Craven.
L. Carteret.
L. Bathurst.
L. Romney.
L. Ducie.
L. Walpole.
L. Monson.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Ordered, That the Petitions of certain Persons to be added to the said Bill, which were ordered to lie on the Table till the same should be read a Second Time, be referred to the said Committee.

Persons in America naturalizing Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of His Majesty's Colonies in America."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Hockliffe Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road between Hockliffe, in the County of Bedford, and Stony Stratford, in the County of Buckingham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Wallmoder's Petition, to be naturalized.

Upon reading the Petition of Amalie Sophie de Wallmoden; praying Leave to bring in a Bill, for her Naturalization:

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

Vagabonds punishing, Bill.

The Lord Chief Justice of the Court of King's Bench presented to the House a Bill, prepared by the Judges, pursuant to an Order in the last Session of Parliament, intituled, "An Act for amending and enforcing the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons; and for reducingthe same into One Act of Parliament; and also for amending the Laws for erecting, providing, and regulating, Houses of Correction."

The said Bill was read the First Time.

Ordered, That the same be printed.

Fullerton against Kinloch.

A Petition of William Fullerton and others, was presented, and read; setting forth, "That the Person to whom was delivered the Extract of the Decrees and other Papers, in the Cause upon the Petitioner's Appeal, to which David Kinloch is Respondent, did not reach London before the latter End of last Week, by reason whereof the Petitioners cannot be ready by Wednesday next, for hearing the said Cause;" and praying, "That the same may be put off to such further Day as to the House shall seem meet."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off to Monday Sevennight.

Sir Robert Walpole's Bill for enclosing Great Bircham Commons.

The Earl of Ilay presented to the House, pursuant to their Lordships Order of the 25th of January last, a Bill, intituled, "An Act for confirming and establishing an Exchange, agreed upon between the Lord of the Manor and Rector of the Parish Church of Great Bircham, in the County of Norfolk; and for promoting and facilitating an Enclosure intended to be made, of divers Commons, Common Pasture, and Waste Grounds, lying in the said Parish of Great Bircham."

The said Bill was read the First Time.

Adjourn.

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

DIE Lunæ, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Hereford.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens.		 Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Graston, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Bedford.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Rochford.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Viscount Torrington.		 Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Raymond.

PRAYERS.

Sir Robert Walpole's Bill for enclosing Great Bircham Commons.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange, agreed upon between the Lord of the Manor and Rector of the Parish Church of Great Bircham, in the County of Norfolk; and for promoting and facilitating an Enclosure intended to be made, of divers Commons, Common Pasture, and Waste Grounds, lying in the said Parish of Great Bircham."

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

L. President.
L. Steward.
L. Chamberlain.
D. St. Albans.
D. Newcastle.
D. Portland.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Harborough.
E. Fitzwalter.
Vis. Fauconberg.		 L. B. Hereford.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Bristol.
L. B. Landaff.		 L. Harrington, Sec.
L. Abergavenny.
L. Delawarr.
L. Carteret.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Ducie.
L. Walpole.
L. Monson.
L. Raymond.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday the 18th Day of this Instant February; and to adjourn as they please.

Hockliff Road Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing the Road between Hockliff, in the County of Bedford, and Stony Stratford, in the County of Buckingham."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet at at the usual Time and Place, on this Day Sevennight; and to adjourn as they please.

Gore & al. against Whitlaw & al.

After hearing Counsel, in Part, upon the Petition and Appeal of Dame Letitia Gore Widow and others, to which Alice Whitlaw and Henry Donnelly are Respondents:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landav.		 Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Leeds.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Viscount Torrington.		 Ds. Willoughby Br.
Ds. Poulet.
Ds. Cornwallis.
Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Romney.
1. Ds. Cadogan.
2. Ds. Onslow.
Ds. Ducie.
Ds. Monson.

PRAYERS.

Vazielle & al. Nat. Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anthony Vazeille and Stephen Saintandre," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and had considered the Petitions to them referred; and had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

Gore & al. against Whit aw & al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Dame Letitia Gore, Widow of Sir Nathaniel Gore, deceased, Booth Gore, John Gore, Letitia Gore Junior, Angel Catherine Gore, Infants, Children of the said Sir Nathaniel and Dame Letitia, by Humphry Booth Esquire, their Guardian, John Booth, Lewis Jones, and Arthur Earl of Granard; complaining of Two Decrees of the Court of Exchequer in Ireland, of the 26th of May 1731, and 22d of February 1732, made in a Cause wherein the Respondents, together with William Whitlaw Clerk, deceased, the Respondent Alice's Husband, and Margaret the Wife of the other Respondent Donnelly, were Plaintiffs, and the Appellants, or some of them, Defendants; and praying, "That the said Decrees may be reversed, varied, or rectified, and such Relief granted to the Appellants, and such Order made, as to the great Wisdom and Justice of this House shall seem meet:" As also upon the joint and several Answer of the said Alice Whitlaw and Henry Donnelly put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree of the 26th of May 1731, as directs the Maintenances of Forty Pounds per Annum to be computed from the Death of Sir Robert Gore, be reversed; and that the said Maintenances be computed only from the Death of Dame Anne Gore; and that the said Court of Exchequer do rectify the Report of the Chief Remembrancer, and the said Decree of the 22d of February 1732, made on the Hearing the Matter thereof, accordingly: And it is further Ordered and Adjudged, That the rest of the said Decrees and Proceedings of the said Court, complained of by the said Petition of Appeal, be, and are hereby; affirmed.

Wallmoden's Nat. Bill.

The Duke of Newcastle (pursuant to the Order of Friday last) presented to the House a Bill, intituled, "An Act for naturalizing Amalie Sophie de Wallmoden."

And the same was read the First Time.

Protestants in America naturalizing, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of His Majesty's Colonies in America."

Ordered, That the House be put into a Committee thereupon, on Friday next.

Adjourn.

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

DIE Veneris, 8o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Landavens.		 Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Derby.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Torrington.		 Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Conway.
Ds. Hay.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Talbot.

PRAYERS.

Madam Wallmoden takes the Oaths:

Amalie Sophie de Wallmoden took the Oaths appointed, in order to her Naturalization.

Her Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Amalie Sophie de Wallmoden."

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

L. President.
L. Steward.
L. Chamberlain.
D. Beaufort.
D. Montagu.
D. Newcastle.
D. Portland.
E. Derby.
E. Northampton.
E. Shaftesbury.
E. Holderness.
E. Findlater.
E. Ilay.
E. Oxford.
E. Halifax.
E. Harborough.
Vis. Fauconberg.		 L. B. Rochester.
L. B. Hereford.
L. B. St. Davids.
L. B. Glocester.
L. B. St. Asaph.
L. B. Landaff.		 L. Abergavenny.
L. Willoughby Par.
L. Cornwallis.
L. Carteret.
L. Hay.
L. Foley.
L. Romney.
L. Ducie.
L. Monson.
L. Talbot.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday next; and to adjourn as they please.

E. Loudoun & al. to put in a new Answer to Sir John Cunyngham's Appeal.

Upon reading the Petition of the Earls of Loudoun and Stair, and Colonel Dalrymple, Three of the Respondents to the Appeal of Sir James Cunyngham; praying, "In regard the said Appeal has been largely amended, that the Petitioners may have Leave to withdraw their former Answer, and put in a new one:"

It is Ordered, That the Petitioners may withdraw their said Answer, as desired; and put in another, as they shall be advised.

Fullerton's Cause put off.

A Petition of William Fullerton and others, was presented, and read; setting forth, "That they have used their utmost Endeavours to be ready for hearing on Monday next, but fear they shall not be able by that Day;" and praying, "That the Cause may be put off to a further Time."

And thereupon the Agents on both Sides having been called in, and heard at the Bar:

They were directed to withdraw.

Ordered, That the hearing the said Cause be put off to Wednesday next.

Vazielle, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Vazeille and Stephen Saintandre."

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. Allen and Mr. Edwards:

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Commerce with Spain prohibiting, Bill.

A Message was brought from the House of Commons, by Mr. Walpole and others:

With a Bill, intituled, "An Act for prohibiting Commerce with Spain;" to which they desire the Concurrence of this House.

Persons who have neglected to qualify, Bill.

A Message was brought from the House of Commons, by Mr. Richard Plumer and others:

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

Old Stratford Road, Bill.

A Message was brought from the House of Commons, by Mr. Cartwright and others:

With a Bill, intituled, "An Act for making more effectual Three several Acts of Parliament; One, of the Sixth Year of the Reign of Her late Majesty Queen Anne; and another, of the Eleventh Year of the Reign of His late Majesty King George, for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick; and the Third, made in the Tenth Year of His present Majesty's Reign, for making more effectual the said Two former Acts;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1738, and 31st of December 1739; together with an Accompt of the Produce of the Sinking Fund in that Year, and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Protestants in America naturalizing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for naturalizing such Foreign Protestants, and others therein mentioned, as are settled, or shall settle, in any of His Majesty's Colonies in America."

After some Time, the House was resumed.

And the Earl of Findlater reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Wednesday next.

Adjourn.

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

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