House of Lords Journal Volume 26
February 1742, 21-28

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History of Parliament Trust

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1767-1830

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59-62

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'House of Lords Journal Volume 26: February 1742, 21-28', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 59-62. URL: http://www.british-history.ac.uk/report.aspx?compid=114148 Date accessed: 23 September 2014.


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February 1742, 21-28

DIE Lunæ, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Bridgewater.
March. Lothian.
Comes Derby.
Comes Lincoln.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Moray.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Halifax.
Comes Stanhope.
Comes Pomfret.
Comes Ker.
Comes Wilmington.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Willoughby Par.
Ds. North.
Ds. Hunsdon.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Weston.
Ds. Gower.
Ds. Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort.
Ds. Chedworth.

PRAYERS.

D. Devonshire takes the Oaths.

William Duke of Devonshire took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Grafton's Pet. referred to Judges.

Upon reading the Petition of the most Noble Charles Duke of Grafton; praying Leave to bring in a Bill, to enable the Petitioner to sell and dispose of several Pieces and Parcels of Ground, Messuages, and Buildings, at Park Place, in the Parishes of St. James and St. Martin in the Fields, in the County of Middlesex; and for investing the Monies arising thereby in the Purchase of certain Lands and Premises in the County of Suffolk, to be settled to the same Uses as the said Premises at Park Place stand limited by the Petitioner's Marriage Settlement:

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 Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Order.

Manuel's Pet. referred to Judges.

Upon reading the Petition of Mary Manuel, Widow and Relict of James Manuel, late of New Malton, in the County of York, Chandler, deceased, Mathew Lister, of New Malton, aforesaid, Grocer, and Frances his Wife (who is the Eldest of the Daughters and Coheirs of the said James Manuel deceased), and Mary Manuel and Jane Manuel Spinsters, the other Daughters and Coheirs of the said James Manuel, deceased; praying Leave to bring in a Bill, for settling several Premises in the Petition mentioned, at Great Driffield, in the said County, to the several Uses mentioned in certain Articles of Agreement, bearing Date the 2d of November last, made between the Petitioners:

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

Bluett, to take the Name of Nutcombe, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Buckland Bluett Esquire and his Heirs to take and use the Surname of Nutcombe, according to the Settlement made by Richard Nutcombe Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; 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 said Bill be engrossed.

E. Godolphin's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Indenture, between the Right Honourable Francis Earl Godolphin and the Dean and Chapter of Ely, for making a Partition and Division of a certain Heath, or Heath-ground, in the County of Cambridge; and for rendering the same Agreement and Indenture more effectual for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

L. Montfort's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Henry Lord Montfort, in the County of Worcester, in Trustees, in Trust, to sell the same; and to lay out and apply the Money arising by such Sale in the Purchase of Lands and Hereditaments lying nearer the Estate of the said Lord Montfort, in the County of Cambridge."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet:

To carry down the said Bills, and desire their Concurrence to them.

E. Morton's Bill.

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

With a Bill, intituled, "An Act for dissolving and disannexing from the Crown, and the Patrimony thereof, the Earldom of Orkney and Lordship of Zetland; and for vesting the same irredeemably in James Earl of Morton and his Heirs, discharged from any Power or Right of Redemption in His Majesty, His Heirs or Successors;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the said Bill, was graciously pleased, so far as the Crown was concerned, to consent that their Lordships might proceed as they should think fit."

Message from H. C. to return Sir C. Cotterell's Bill.

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

To return the Bill, intituled, "An Act to enable Sir Clement Cotterell Knight, and other the Devisees of the Real Estate of Lieutenant General James Dormer, deceased, to take and use the Surname of Dormer, pursuant and according to the Tenor and Purport of the Will of the said James Dormer;" and to acquaint this House, that they have agreed to the same, with One Amendment; to which they desire their Lordships Concurrence.

The said Amendment was read Thrice, and agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

State of the Nation.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the State of the Nation.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made a further Progress in the Matter to them referred."

Ordered, That the House be put into a Committee, on Thursday next, to take into further Consideration the State of the Nation; and that the several Papers laid before this House from the Secretary of State and Admiralty Offices, relating to the Correspondence between them and Sir John Norris, be referred to the said Committee.

Sir J. B. Hope to enter into Recognizance for Steaman.

The House being moved, "That Sir John Bruce Hope Baronet may be permitted to enter into a Recognizance for Janet Stedman, on account of her Appeal depending in this House; she being in Scotland:"

It is Ordered, That the said Sir John Bruce Hope may enter into a Recognizance for the Appellant, as defired.

Adjourn.

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

DIE Jovis, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Devon.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Exeter.
Comes North'ton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Moray.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Stanhope.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Hay.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Raymond.
Ds. Chedworth.

PRAYERS.

E. of Morton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dissolving and disannexing from the Crown, and the Patrimony thereof, the Earldom of Orkney and Lordship of Zetland; and for vesting the same irredeemably in James Earl of Morton and his Heirs, discharged from any Power or Right of Redemption in His Majesty, His Heirs or Successors."

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

Ld. President.
Ld. Privy Seal.
D. Beaufort.
D. Newcastle.
D. Portland.
D. Bridgewater.
E. Derby.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Shaftesbury.
E. Litchfield.
E. Abingdon.
E. Sutherland.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Effingham.
V. Fauconberg.
V. Falmouth.
L. B. Sarum.
L. B. St. Davids.
L. B. Carlisle.
L. B. Oxon.
L. B. St. Asaph.
L. B. Norwich.
Ld. Carteret, Secretary.
L. Delawarr.
L. Clifton.
L. Poulet.
L. Strange.
L. Haversham.
L. Gower.
L. Hay.
L. Mansel.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Raymond.
L. Chedworth.

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Dutch. Kent & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sophia Dutchess Dowager of Kent, and others; 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 the more effectual carrying into Execution certain Articles of Agreement, made before, and in Consideration of, the Marriage of the Honourable Philip Yorke Esquire with the most Honourable Jemima now Marchioness Grey; and for other Purposes therein mentioned."

Warren, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Lady Elizabeth Warren and William Wright Esquire the acting Testamentary Guardians of George Warren Esquire, an Infant; 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 to enable George Warren Esquire, his Heirs and Assigns, to make a Sluice, or Tunnel, through Part of the Glebe belonging to the Rectory of Stockport, in the County of Chester, and to use and enjoy the same, for conveying Water to Stockport Mills."

Returns concerning the Bounty to British Prisoners in Spain.

The House being informed, "That a Person from the Office for Sick and Wounded Seamen, and Exchange of Prisoners at War, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order of the 26th of January last, a Book, intituled, "Copies of the Returns which have been received since the Commencement of the present War, from such Persons as are or have been empowered to pay His Majesty's Bounty, to the British Subjects, Prisoners in the Ports of Spain, in Europe; distinguishing the Number of Men paid each Month, and what Ships or Vessels they belonged to when taken by the Spaniards, respectively, so far as the said Returns will admit thereof."

And then he was directed to withdraw.

And the Title of the said Book being read, by the Clerk:

Ordered, That the same do lie on the Table.

Dalrymple against Dalrymple.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Dalrymple & al. are Appellants, and James Dalrymple is Respondent; the Time formerly appointed for the Hearing thereof being elapsed, by the late Adjournment:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 8th Day of March next.

Bluett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Buckland Bluett Esquire and his Heirs to take and use the Surname of Nutcombe, according to the Settlement made by Richard Nutcombe Esquire, 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. Holford and Mr. Bennet:

To carrry down the said Bill, and desire their Concurrence thereto.

Message from thence, to return Biggs's Bill.

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

To return the Bill, intituled, "An Act for making the Exemplification of the last Wills of John Pigott the Elder, late of Brockley, in the County of Somerset, Esquire, and of John Pigott Esquire, his Son, Evidence in all Courts of Law and Equity in Great Bri tain and Ireland; and to enable John Biggs Pigott Esquire, formerly called John Biggs, and his Progeny and Descendants, to take and use the Surname and Arms of Pigott only, pursuant to the Will of the said John Pigott the Son;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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 or Ireland:

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

Bill read.

Accordingly, the Lord Bishop of Norwich presented to the House a Bill, intituled, "An Act for exemplifying the last Will of Arthur late Earl of Anglesey, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

And the same was read the First Time.

State of the Nation.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the State of the Nation.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made a further Progress in the Matter to them referred."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.