House of Lords Journal Volume 26: February 1742, 11-20

February 1742, 11-20

DIE Jovis, 18^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Kingston against Damer.

The Answer of John Damer Esquire, to the Appeal of James Lord Baron of Kingston, in the Kingdom of Ireland:

Mercer against Butler.

Also, the Answer of John Butler Esquire, the only acting Executor of Thomas Butler Esquire, deceased, and of John Butler Esquire, Son and Heir of the said Thomas Butler, to the amended Appeal of Robert Mercer:

Anderson against Lauder.

And likewise, the Answer of Charles Lauder, to the Appeal of George Anderson Merchant in Haddington;

Were brought in.

Lords sworn.

Peregrine Duke of Ancaster and Kesteven Lord Great Chamberlain of England, Samuel Lord Bishop of Chester, and Francis Lord Middleton, together with Benjamin Earl Fitzwalter, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; the said Earl having first delivered in a Certificate of his having received the Sacrament; to the Truth whereof Witnesses were sworn and examined.

D. Ancaster takes his Seat.

The said Duke sat first in Parliament, after the Death of his Father Peregrine Duke of Ancaster and Kesteven.

E. Orford introduced:

Sir Robert Walpole, Knight of the most Noble Order of the Garter, being, by Letters Patent, dated the 6th Day of this Instant February, created Baron of Houghton in the County of Norfolk, Viscount Walpole, and Earl of Offord in the County of Suffolk, was (in his Robes) introduced, between the Earl of Pembroke and the Earl of Cholmondeley, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The said Earl presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved Cousin and Counsellor Robert Earl of Offord, Greeting. Whereas Our Parliament, for arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no Wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twelfth Day of February, in the Fifteenth Year of Our Reign.

"Bisse."

The Writ being read; and the said Earl, at the Table, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes; was placed on the lower End of the Earls Bench.

E. Harrington introduced:

Also, William Lord Harrington, being, by Letters Patent, dated the 9th Day of this Instant February, created Viscount Petersham, in the County of Surrey, and Earl of Harrington, in the County of Northampton, was (in his Robes) introduced, between the Earl of Chesterfield and Earl Stanhope, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The said Earl presented his Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Right Wellbeloved Cousin and Counsellor William Earl of Harrington, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no Wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twelfth Day of February, in the Fifteenth Year of Our Reign.

"Bisse."

The Writ being read; and the said Earl, at the Table, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes; was placed on the lower End of the Earls Bench.

Visc. Blundell & al. Petition referred to Judges.

Upon reading the Petition of Montague Lord Viscount Blundell and Mary Lady Viscountess Blundell his Wife, Anna Maria Blundell Spinster, William Trumbull Esquire and Chetwynd his Wife, Robert Lord Raymond and Lady Mary Raymond his Wife; praying Leave to bring in a Bill for vesting the said Lord Viscount's Estate in the County of Downe, in the Kingdom of Ireland, in Trustees, for raising, after his Death, the Sum of £. 10,000. for the Portion of the Petitioner the Lady Mary Raymond, in such Manner as to this House shall seem meet:

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

Visc. Hereford's Petition referred to Judges.

Upon reading the Petition of Price Viscount Hereford; praying Leave to bring in a Bill, to confirm and establish certain Articles of Agreement, bearing Date the 20th of January last; and the said Agreement and Method of collecting and enjoying of the Tithes therein mentioned for ever after:

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

E. Carlisle & al. Petition referred to Judges.

Upon reading the Petition of Henry Earl of Carlisle and Frances Countess of Carlisle his Wife, for themselves and on the Behalf of Robert Howard Esquire, commonly called Lord Morpeth, their only Son, an Infant; and also of Charles Howard Esquire, Brother of the said Henry Earl of Carlisle; praying Leave to bring in a Bill, to enable the Petitioner, the said Earl, to lease divers Coal Mines and Coal Works, lying and being within certain Manors, Farms, and Lands, in the County of Northumberland, mentioned in the Marriage Settlement of the said Earl and Countess, for any Term not exceeding Ninety-nine Years, at the best Rent that can be got for the same:

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 Mr. Justice Chaple; with the usual Directions, according to the Standing Order.

Meredith & al. Petition referred to Judges.

Upon reading the Petition of Amos Meredith, of Henbury, in the County of Chester, Esquire, and Joanna his Wife, in Behalf as well of the said Joanna as of her Children, William, Theophilus, Elizabeth, Henrietta, Martha, Anna Margareta, and Mary Meredith, all Infants; and also of Thomas Assheton, of Ashley, in the same County, Esquire, in Behalf of his Son Thomas Assheton, an Infant; praying Leave to bring in a Bill, for making certain Articles of Agreement, bearing Date the 26th of December 1740, obligatory on the said Infants; and the Partition of an Estate, in the Petition mentioned, perfect and effectual:

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

Walcot's Petition referred to Judges.

Upon reading the Petition of John Walcot Esquire; praying Leave to bring in a Bill to empower him to apply the Money which will arise by the Portion given with Mary his Wife, deceased, in order to discharge a certain Mortgage in the Petitioner's Marriage Settlement contained:

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

Warren & al. Petition referred to Judges.

Upon reading the Petition of Lady Elizabeth Warren and William Wright Esquire, the acting Testamentary Guardians of George Warren Esquire, an Infant; praying Leave to bring in a Bill, to enable the said George Warren and his Heirs to make a Sluice, or Tunnel, through a Close, or Field, in the Petition mentioned; and to use and enjoy the same, for conveying Water to certain Corn Mills, called Stockport Mills, in the County of Chester:

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

Bayntun Rolt, Petition referred to Judges.

Upon reading the Petition of Edward Bayntun Rolt Esquire; praying Leave to bring in a Bill, for Sale of all or such Part of an Estate in Somersetshire, as may be sufficient for the Payment of Debts; and that the Petitioner and his Sons, and all Persons claiming under certain Limitations in an Indenture in the Petition mentioned, may take and use the Name of Bayntun, prefixt to their Name of Rolt, and bear the Arms of Bayntun quartered, pursuant to the Will of John Bayntun Esquire, deceased:

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

E. Godolphin's Bill.

The Lord Montfort reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; 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 Bill be engrossed.

The King against Nance:

Upon reading the Petition of James Nance, Defendant in a Writ of Error depending in this House, wherein the Sovereign Lord the King is Plaintiff; praying, "In regard the said Plaintiff has not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

L. Montfort's Bill.

The Lord Monson reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they sound to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

E. Anglesey against Annesley.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 5th Day of March next.

Stedman against Stedman.

Upon reading the Petition and Appeal of Janet Stedman, Spouse to James Stedman Merchant in Kinross; complaining of an Interlocutor of the Commissaries of Edinburgh, of the 4th of December, 1741; and of an Interlocutor of the Lords of Session in Scotland, of the 5th of January, 174½, refusing a Bill of Advocation presented by the Appellant; and also of an Interlocutor of the said Lords, of the 22d of the same Month, whereby they adhered to their former Interlocutor; and likewise of an Interlocutor of the said Commissaries, of the 11th of the same Month, whereby they adhered to their former Interlocutor; and likewise of an Interlocutor of the Lord Ordinary, of the 26th of the same Month, refusing the Desire of a Second Bill of Advocation; and also of an Interlocutor of the said Lords of Session, of the 2d Day of this Instant February, whereby they remitted the Cause to the said Commissaries, with a particular Instruction, as in the Appeal is mentioned; and praying, "That the said Interlocutors may be reversed; and that such Relief may be given the Appellant as to this House in their great Wisdom shall seem just; and that the said James Stedman may answer the said Appeal:"

It is Ordered, That the said James Stedman may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 18th Day of March next; and that Service of this Order on his known Agent or Solicitor before the Court of Session or Commissary Court of Edinburgh be deemed good Service.

Papers from the Admiralty-office delivered.

The House being informed, "That a Person from the Admiralty-office attended:"

He was called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty, of the 26th of January last,

"Copies of all Applications to the Commissioners of the Admiralty, since the Commencement of the present War with Spain, for Cruizers or Convoys."

Also, "Copies of all Complaints which have been made since the Commencement of the present War with Spain, to the Commissioners of the Admiralty, against or relating to the Commanders of any of His Majesty's Ships of War, for leaving the Trade under their Convoy, or the Station in which they were appointed to cruize, or for the impressing of Seamen out of any outward-bound Ships, after their leaving their Port of Clearance, or any homeward-bound Ships before they arrived at the Port for delivering of their Cargo; and for any other Misbehaviour or Injury done by them to the Navigation of this Kingdom; and what has been done thereupon respectively."

Also, "Copies of all Memorials, Petitions, Representations, Letters, or other Papers, that have been delivered or transmitted to the Commissioners for executing the Office of Lord High Admiral of Great Britain, &c. relating to a Cartel for Exchange of Prisoners with Spain, or the Condition and Usage of such of His Majesty's Subjects as have been taken Prisoners by the Spaniards, since the Commencement of the present War with Spain."

And also, "An Account of what has been done upon Applications to the Commissioners of the Admiralty, since the Commencement of the present War with Spain, for Cruizers and Convoys."

The same Person likewise delivered, at the Bar, pursuant to the Orders of this House of the 26th of January last,

"The Regulations and Instructions relating to His Majesty's Service at Sea, established by His Majesty in Council."

Also, "A List of the Names of the Merchant Ships, or other Vessels belonging to this Kingdom, which the Commanders of His Majesty's Ships have given Instructions to, and have proceeded under their Convoy to or from Foreign Parts, since the Commencement of the present War with Spain; distinguishing the Names of the Commanders, and of His Majesty's Ships, and the Voyages respectively; and whether they proceeded the whole Voyage, or only Part of the Voyage."

Also, "A List of the Names of the Merchant Ships, with the Names of the Masters that have behaved so negligently as to delay the Convoys from whom they had taken Sailing Orders, or that have abandoned the same, or have been any Ways disobedient to the Instructions established for good Government; with the Narration of the Facts, since the Commencement of the present War with Spain."

Also, "Copies of the Reasons, given in Writing, of such of the Commanders of His Majesty's Ships of War as have been appointed, since the Commencement of the present War with Spain, as Cruizers on this Side Cape Finisterre, for leaving their Stations, or for coming into Port, before the Time required by their Orders."

And also, "The Journals of the Commanders of His Majesty's Ships of War, which have been employed, since the Commencement of the present War with Spain, as Cruizers, for the Protection of the Trade of this Kingdom."

The same Person also delivered, at the Bar, pursuant to an Address of this House of the 1st Instant,

A Copy of the Report of the Commissioners of the Admiralty, to His Majesty in Council, upon the Petition of the Merchants, relating to their Losses during the War."

And then he was directed to withdraw.

And the Titles of the said Papers being read:

Ordered, That the same do lie on the Table.

Merchants Petition, &c. to be considered.

Ordered, That the Petition of the Merchants and Traders of the City of London, in Behalf of themselves and of the Trade of these Kingdoms; complaining, "That great Numbers of Ships have been taken by the Spaniards," be taken into Consideration on this Day Fortnight; and that the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, relating to the same Matter, be taken into Consideration at the same Time.

State of the Nation to be considered.

Ordered, That this House be put into a Committee, on Monday next, to take into further Consideration the State of the Nation.

Ld. Kingston against Damer; and Naughton against Reynolds:

The House being informed, "That a Person attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein James Lord Baron of Kingston in the Kingdom of Ireland is Appellant, and John Damer Esquire Respondent; and in the Cause wherein Laughlin Naughton Gentleman is Appellant, and Edwin Sandys Reynolds Esquire and others are Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Bluett's Bill, Committee to meet.

Ordered, That the Committee to whom the Bill 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, stands committed, which was appointed to meet Tomorrow, do meet, to take the said Bill into Consideration, on Monday next.

Vernon against Vernon:

The House being informed, "That a Person attended, in order to deliver in certain Papers and Proceedings, in the Cause wherein Jane Vernon Widow is Appellant, and Captain John Vernon and others are Respondents:"

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

January 17th, 1743, hitherto examined by us,

Bridgewater.
Shaftesbury.
N. Exon.