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

Pages 507-510

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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In this section

April 1740, 1-10

DIE Martis, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Landav.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Bruce.
Ds. Carteret.
Ds. Gower.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.

PRAYERS.

Dr. Bland against Abp. Armagh & al.

Upon reading the Petition and Appeal of Nathaniel Bland Doctor of Laws, Deputy Surrogate and Commissary of the Court of Prerogative Royal and Court of Faculties in the Kingdom of Ireland; complaining of an Order of the Court of Chancery in Ireland, of the 14th of March last, made in a Cause wherein Hugh Lord Archbishop of Ardmagh Primate and Metropolitan of all Ireland was Plaintiff, and the Appellant Defendant; and praying, "That the said Order, for refusing the Prayer of a Petition, desiring, "That the Depositions of Richard Morgan and William Shiel, produced on the Behalf of the said Archbishop, to the Direct and Cross Interrogatories in the Appeal mentioned," might be quashed; and that Attachments might be granted against them; and that such Order may be made for the Appellant's Relief, as to the House in their great Wisdom shall seem meet; and that the said Archbishop, and Richard Morgan and William Shiel, may be required to answer the said Appeal:"

It is Ordered, That the said Lord Archbishop of Ardmagh, Richard Morgan, and William Shiel, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 6th Day of May next; and that Service of this Order on their respective Clerks in the said Court of Chancery be deemed good Service.

Sinking Fund Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty; and for enabling His Majesty to raise the further Sum of Two Hundred Thousand Pounds, out of the growing Produce of the said Fund; and for granting to His Majesty the Sum of Twenty-one Thousand Pounds, One Shilling, and Eight Pence Half-penny, remaining in the Receipt of His Majesty's Exchequer, arisen by Sale of Lands in the Island of St. Christophers; and for the further appropriating the Supplies granted in this Session of Parliament."

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

It was Resolved in the Affirmative.

Fraudulent Qualifications of Voters to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectually preventing fraudulent Qualifications of Persons to vote as Freeholders, in the Election of Members to serve in Parliament, for such Cities and Towns as are Counties of themselves, in that Part of Great Britain called England."

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

It was Resolved in the Affirmative.

Continuing Laws, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue several Laws threrein mentioned, for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Authority of Parliament for making Rivers navigable; for preventing Exactions of the Occupiers of Locks and Wears upon the River of Thames Westward, and for ascertaining the Rates of Watercarriage upon the said River; for preventing frivolous and vexatious Arrests; and for better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions; and for limiting the Time for suing forth Writs of Certiorari upon Proceedings before Justices of the Peace, and for regulating the Time and Manner of applying for the same; for the better and more speedy Execution of Process within particular Franchises or Liberties; and for extending the Powers and Authorities of Justices of the Peace of Counties, touching County Rates, to the Justices of the Peace of such Liberties and Franchises as have Commissions of the Peace within themselves."

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Thurston and Mr. Sawyer:

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

E. Selkirk against D. Hamilton, et è contra.

After hearing Counsel, in Part, upon the Petition and Appeal of John Earl of Selkirk and Ruglen, to which James Duke of Hamilton and Brandon is Respondent, et è contra:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in exactly at Twelve o'Clock.

Adjourn.

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

DIE Mercurii, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Sarum.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Bruce.
Ds. Craven.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.

PRAYERS.

Staines Bridge, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual Maintenance and Well-keeping of Staines Bridge and Egham Causeway, being the Highway from London to the West Parts of England."

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. Thurston and Mr. Sawyer:

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

Colonel Johnston to enter into Recognizance for Dr. Bland.

The House being moved, "That Colonel John Johnston may be permitted to enter into a Recognizance for John Bland Doctor of Laws, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Colonel Johnston may enter into a Recognizance for the Apellant, as desired.

Mariners, Increase of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Increase of Mariners and Seamen, to navigate Merchant Ships and other Trading Ships or Vessels."

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 directed him to report the same to the House, without any Amendment."

Aylmer against Reed.

Ordered, That the Hearing of the Cause wherein Dame Ellis Aylmer is Appellant, and Robert Reed & al. are Respondents, appointed for To-day, be put off till To-morrow Sevennight.

Vagabonds Bill:

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for amending and enforcing the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons; and for reducing the same into One Act of Parliament; and also for amending the Laws for erecting, providing, and regulating, Houses of Correction:"

It is Ordered, That the House be put into a Committee thereupon, on Monday Sevennight.

E. Selkirk against D. Hamilton; et è contra.

After hearing Counsel further, on the Petition and Appeal of John Earl of Selkirk and Ruglen, to which James Duke of Hamilton and Brandon is Respondent, et è contra:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in at Twelve o'Clock.

Adjourn.

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

DIE Jovis, 3o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Landav.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Harborough.
Comes Graham.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Torrington.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Monson.

PRAYERS.

Veitch against Carruthers.

The several and joint Answers of John Carruthers, an Infant, by his Guardians, to the Appeal of William Veitch Writer to the Signet, was brought in.

Dr. Bland against Abp. Armagh & al.

As was also, the Answer of Hugh Lord Archbishop of Ardmagh, Primate and Metropolitan of all Ireland, One of the Respondents to the Appeal of Nathaniel Bland Doctor of Laws.

And likewise, the joint and several Answer of Richard Morgan and William Shiel, to the same Appeal.

River Medway, Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act to revive, explain, and amend, an Act made in the Sixteenth and Seventeenth Years of the Reign of His late Majesty King Charles the Second, intituled, An Act for making the River of Medway navigable, in the Counties of Kent and Sussex," 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."

Mariners, Increase of, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Increase of Mariners and Seamen, to navigate Merchant Ships, and other Trading Ships or Vessels."

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. Thurston and Mr. Sawyer:

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

Stichall Common enclosing, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, in the Parish of Stivichall, alias Stichall, in the County of the City of Coventry," was committed, which is appointed to meet on Wednesday next, be put off till To-morrow Sevennight.

General Register for England and Wales, Bill.

Whereas this Day was appointed, for the Third Reading of the Bill, intituled, "An Act for the public Registering of Deeds, Conveyances, and Encumbrances, that shall be made of, or may affect, Honours, Manors, Lands, Tenements, or Hereditaments, within that Part of Great Britain called England, and the Dominion of Wales."

Ordered, That the said Bill be read the Third Time on this Day Sevennight; and the Lords to be summoned.

E. Selkirk against D. Hamilton; et è contra:

After hearing Counsel, as well on Tuesday and Wednesday last as this Day, upon the Petition and Appeal of John Earl of Selkirk and Ruglen; complaining of the 1st, 2d, 3d, 4th, 7th, and so much of the 6th Interlocutor of the Lord Ordinary, of the 27th of July 1739, as finds, "That the Bond of Corroboration does not alter the Right of Succession to the Original Bond, as to the Principal Sum therein contained; and that the same devolves to the Pursuer, as Heir of Conquest;" and of the Adherence thereto, by the Lords of Session in Scotland, the 10th Day of January last: As also upon the Answer of James Duke of Hamilton and Brandon put in to the said Appeal; and likewise upon the Cross Appeal of the said Duke, complaining of the 5th, and so much of the said 6th Interlocutor, as finds, "That all the further Sums accumulated in the Bond of Corroboration descended to the Earl of Selkirk, Heir of Line;" and of the 8th, 9th, and 10th Interlocutors of the Lord Ordinary of the said 27th of July; and of so much of the said Interlocutor or Decree of the said Lords of Session, whereby they adhered to the Interlocutors in the said Cross Appeal complained of: As likewise upon the Answer of the said Earl of Selkirk and Ruglen, put in to the said Cross Appeal; and due Consideration and Debate 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 the said Appeals be, and are hereby, dismissed this House; and that the several Interlocutors, or Parts thereof, made by the Lord Ordinary, therein complained of, and the Adherence thereunto by the said Lords of Session, be, and are hereby, affirmed.

Causes put off.

Ordered, That the Cause wherein Ashworth is Appellant, and Choppin Respondent, which stands to be heard on this Day Sevennight, be put off to the next Day; and the other Causes removed in Course.

Adjourn.

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

DIE Jovis, 10o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Norwic.
Epus. Bangor.
Epus. Landav.
Ds. Hardwicke, Cancellarius.
Dux Richmond.
Dux Beaufort.
Dux Marlborough.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Derby.
Comes Northampton.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Loudoun.
Comes Hyndford.
Comes Ilay.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Malton.
Viscount Fauconberg.
Viscount Harcourt.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Hay.
2. Ds. Foley.
1. Ds. Masham.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.

PRAYERS.

Veitch against Carruthers & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Veitch is Appellant, and John Carruthers and his Guardians 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.

General Register for England and Wales, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the public Registering of Deeds, Conveyances, and Encumbrances, that shall be made of, or may affect, Honours, Manors, Lands, Tenements, or Hereditaments, within that Part of Great Britain called England, and the Dominion of Wales."

An Addition was agreed, by the House, to be made to the said Title, in these Words; (videlicet,) ["wherein public Registers are not already appointed by Act of Parliament."]

And the Question being put, "Whether this Bill, with the Amendments, 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. Burroughs and Mr. Mountague:

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

Aylmer against Reed & al.

After hearing Counsel, in Part, upon the Petition and Appeal of Dame Ellis Aylmer, to which Robert Reed and Robert Dillon Esquire 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 Veneris, undecimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.