House of Lords Journal Volume 26
December 1741, 21-31

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History of Parliament Trust

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1767-1830

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18-22

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'House of Lords Journal Volume 26: December 1741, 21-31', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 18-22. URL: http://british-history.ac.uk/report.aspx?compid=114144 Date accessed: 23 October 2014.


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December 1741, 21-31

DIE Martis, 22o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Menevens.
Epus. Carliol.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Marlborough.
Dux Montagu.
Dux Newcastle.
Dux Greenwich.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holderness.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley Str.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Montfort.

PRAYERS.

Prince of Wales sworn;

His Royal Highness Frederick Prince of Wales took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

and L. Gower.

As did also John Lord Gower.

His Majesty's Answer to Address for Instructions to Adm. Haddock, &c.

The Earl Fitzwalter reported, "That the Lords with White Staves had (pursuant to the Order of Friday last) presented to His Majesty the Address of this House, for Copies of Orders and Instructions given to Rear Admiral Haddock and Sir John Norris, for committing Hostilities against the Crown of Spain; and the Accounts transmitted from Vice Admiral Vernon and Major General Wentworth: And that His Majesty had been pleased to say, He would give Directions that the said Orders, Instructions, and Accounts, should be laid before the House accordingly, as soon as they could be got ready."

Lally to enter into Recognizance for Naughton.

The House being moved, "That Nehemiah Lally Gentleman may be permitted to enter into a Recognizance for Laughlin Naughton, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Nehemiah Lally may enter into a Recognizance for the Appellant, as desired.

Ingoldsby, Leave to appeal.

A Petition of Thomas Ingoldsby Esquire, was presented, and read; setting forth, "That, in the Year 1738, he exhibited an Appeal to this House, from a Decree of the Court of Chancery in Ireland, of the 5th Day of July 1738, made in a Cause wherein the Petitioner was Plaintiff, and James Lenox Napper Esquire and Catherine his Wife, Frances Ingoldsby Spinster, and William Smith Esquire, were Defendants; and that, before the same came to be heard, an Accommodation of the Matters in Question was proposed; but the Petitioner, to his great Surprize, has lately received a Letter from Ireland, informing the Petitioner that the Respondents refuse to perform their Agreement: Whereupon he immediately gave Directions for preferring a new Appeal; but, before the same could be engrossed, this House, at their last Sitting, was adjourned;" and praying, "In regard to the Circumstances of the Petitioner's Case, that his Appeal may be received, notwithstanding the Time limited for receiving Appeals is elapsed."

Ordered, That the Petitioner be at Liberty to exhibit his Appeal, as desired.

Ingoldsby against Napper & al:

Accordingly, the said Petition and Appeal was presented, and read; complaining of the said Decree; and praying, "That the same may be reversed; and that the Appellant may be relieved, in such Manner as to this House in their great Wisdom shall seem meet."

Ordered, That the above mentioned Defendants 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 26th Day of January next; and that Service of this Order on the Respondents Six Clerk or Clerks in the said Court of Chancery be deemed good Service.

Thurston, a Master in Chancery; arrested:

Upon reading the Petition of Mark Thurston Esquire, One of the Masters of the Chancery; complaining, That, on the 24th of November last, he was arrested, in an Action for £. 262. for a pretended Debt, by virtue of a Warrant from the Sheriff of Midd'x, by Mathew Powel, his Bailiff, at the Suit of John Harris Gentleman and Sarah Child Spinster; and that William Duncombe, Attorney of the Court of Common Pleas, sued out the said Writ; and that the Petitioner, apprehending the said Proceedings against him to be a Breach of the Privilege of this House, thought it his Duty to lay the same before their Lordships; and humbly submitted it to their Consideration:"

Petition referred to Committee of Privilege.

It is Ordered, That the Matter of the said Complaint be referred to the Consideration of the Lords Committees for Privilges; their Lordships to meet on the First Monday after the approaching Recess: And that the several Persons complained of do then attend the said Committee.

Then a Witness was called in, and sworn, in order to be examined before the said Committee.

Visc Montagu's Petition referred to Judges.

Upon reading the Petition of Anthony Lord Viscount Montague and Barbara Lady Viscountess Montague his Wife, for and on Behalf of themselves, and of Anthony Joseph Brown and Mary Brown, their Infant Children; and also of Henry Boyle Esquire and Harri't his Wife, commonly called Lady Harriot Boyle, for and on Behalf of themselves, and of Henry Walsingham, lately called Henry Boyle, Charles Boyle, Richard Boyle, and Robert Boyle, their Infant Children; and also of Sir Thomas Clarges Baronet and Henry Villiers Esquire; praying Leave to bring in a Bill, for Sale of certain Real and Copyhold Estates, late of James Walsingham Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, and laying out the Money arising thereby for the Payment of Debts and Legacies; and for other Purposes in the Petition mentioned:

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

E. Godolphin's Petition referred to Judges.

Upon reading the Petition of Francis Earl Godolphin; praying Leave to bring in a Bill, for confirming and establishing certain Articles of Agreement, bearing Date the 6th of June last, between the Petitioner and the Dean and Chapter of Ely, for preventing Disputes relating to the Property in a certain Heath, in the Manor of Stopleford, in the County of (fn. 1)

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

Order for Letters to absent Lords altered.

Ordered, That the Order of the 16th Instant, directing the Lord Chancellor to write Letters to all the Lords, requiring their Attendance on Tuesday the 19th Day of January next, when the State of the Nation is ordered to be taken into Consideration, be discharged; and that his Lordship do write Letters to such Lords only as shall not be present in the House, or shall not have a Proxy entered, this Day, requiring their Attendance on the said 19th Day of January next.

Address for Memorials, &c. between His Majesty and the Queen of Hungary:

Moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Memorials, Representations, Declarations, and Letters, which have been sent, either to His Majesty or His Ministers, by the Queen of Hungary or Her Ministers, or by His Majesty or His Ministers to the Queen of Hungary or Her Ministers; with the respective Answers to such Memorials, Representations, Declarations, and Letters; and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the Queen of Hungary, or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, relating to the State of the War in the Empire, and the Support and Interests of the House of Austria, since the Death of the late Emperor."

The same was objected to.

And a Question being stated thereupon;

It was proposed, "After the Word ["Declarations"], in the former Part of the Question, to leave out these Words ["and Letters"]."

Which being objected to:

After Debate;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

And it being proposed, "To insert, after the Word ["Ministers"] mentioned in the Fourth Place, these Words ["and of all Letters which have been sent to His Majesty's Ministers, by the Ministers of the Queen of Hungary, or by His Majesty's Ministers to the Ministers of the Queen of Hungary"]:"

The same was agreed to.

Then it was proposed, "To leave out these Words, videlicet, ["and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the Queen of Hungary; or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers"]."

Which being objected to:

After Debate thereupon;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

Protest against leaving out some Words.

Dissentient.

"Because the leaving out those Words in the Motion invalidates the Address to the greatest Degree, by denying the necessary Lights to see into Affairs of the utmost Concern to the Nation, and Transactions most probably in Agitation between Great Britain and the Queen of Hungary; insomuch as there is neither Matter or Means sufficient left to give His Majesty our best Advice upon, although so graciously asked from the Throne, at this critical Conjuncture: Besides which, it is apparently putting such a Check and Restraint upon the Privilege of the House of Peers, in wording Addresses to the King, as may prove of the utmost Prejudice and Loss to both; which the Nation in general would, in Consequence, be likewise Sufferers by, should this be made Use of, by Ministerial Artifice or Power, at any Time to come, as a Precedent, to defeat or annul Addresses of this Kind, whereon the Freedom and Safety of His Majesty's Person, the Protestant Succession and Government, so eminently depend.

"Haversham."

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Memorials, Representations, and Declarations, which have been sent, either to His Majesty or His Ministers, by the Queen of Hungary or Her Ministers, or by His Majesty or His Ministers to the Queen of Hungary or Her Ministers; and of all Letters which have been sent to His Majesty's Ministers by the Ministers of the Queen of Hungary, or by His Majesty's Ministers to the Ministers of the Queen of Hungary; with the respective Answers to such Memorials, Representations, Declarations, and Letters, relating to the State of the War in the Empire, and the Support and Interests of the House of Austria, since the Death of the late Emperor."

Address for Memorials, &c. between His Majesty and the French King:

Then it was moved, "To resolve, That an humble Address be presented to His Majesty, that He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Memorials, Representations, Declarations, and Letters, which have been sent, either to His Majesty or His Ministers, by the French King or His Ministers, or by His Majesty or His Ministers to the French King or His Ministers; with the respective Answers to such Memorials, Representations, Declarations, and Letters; and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the French King; or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, from the Time of the Declaration of War with Spain, relating to the said War, and to the Interests of the House of Austria."

The same was objected to.

And a Question being stated thereupon:

It was proposed, "After the Word ["Declarations"], in the Beginning of the Question, to leave out these Words ["and Letters"]."

Which being objected to:

After Debate;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

Then it was agreed, to insert, after the Word ["Ministers"] mentioned in the Fourth Place, these Words ["and of all Letters which have been sent to His Majesty's Ministers by the Ministers of the French King, or by His Majesty's Ministers to the Ministers of the French King"]."

Next, it was proposed, "To leave out these Words, (videlicet,) ["and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the French King, or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers"]."

Which being objected to;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

Protest against leaving out some Words.

"Dissentient.

"For the same Reasons as are contained in the foregoing Protest.

"Haversham."

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Memorials, Representations, and Declarations, which have been sent, either to His Majesty or His Ministers, by the French King or His Ministers, or by His Majesty or His Ministers to the French King or His Ministers; and of all Letters which have been sent to His Majesty's Ministers by the Ministers of the French King, or by His Majesty's Ministers to the Ministers of the French King; with the respective Answers to such Memorials, Representations, Declarations, and Letters, from the Time of the Declaration of War with Spain, relating to the said War, and the Interests of the House of Austria."

Address for Memorials, &c. between His Majesty and the King of Prussia.

After which, it was moved, "To resolve, That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Memorials, Representations, Declarations, and Letters, which have been sent, either to His Majesty or His Ministers, by the King of Prussia or His Ministers, or by His Majesty or His Ministers to the King of Prussia or His Ministers; with the respective Answers to such Memorials, Representations, Declarations, and Letters; and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the King of Prussia, or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers, relating to the State of the War in the Empire, and the Interests of the House of Austria, since the Death of the late Emperor."

The same was objected to.

And a Question being stated thereupon:

It was proposed, "After the Word ["Declarations"], in the former Part of the Question, to leave out these Words ["and Letters"]."

And the same was agreed to.

And it was also agreed, to insert, after the Word ["Ministers"], mentioned in the Fourth Place, these Words, (videlicet,) ["and of all Letters which have been sent to His Majesty's Ministers by the Ministers of the King of Prussia, or by His Majesty's Ministers to the Ministers of the King of Prussia"]."

Which done;

It was proposed, "To leave out these Words, (videlicet,) ["and of all Letters wrote by either of His Majesty's Principal Secretaries of State, or any of His Majesty's Ministers, to His Majesty's Minister residing at the Court of the King of Prussia, or by the said Minister to either of His Majesty's Principal Secretaries of State, or any other of His Majesty's Ministers"]."

Which being objected to;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Negative.

Then the Question, as amended, being read;

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Address for Orders, &c. to Adm. Haddock.

Next, it was proposed, "To resolve, That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Orders and Instructions given to Rear Admiral Haddock, from the 29th of May 1739, to the 24th of June 1740; and Copies of all Letters wrote to Rear Admiral Haddock, by either of His Majesty's Principal Secretaries of State, or by the Commissioners of the Admiralty; and also, Copies of all Letters wrote by the said Rear Admiral to the same Persons, from the 24th of May 1739, to this Time."

And a Question being stated, upon the said Proposition:

It was moved, "To add thereunto these Words ["so far as the same, or any of them, concern the committing any Hostilities against, or do in any wise relate to, the Crown of Spain]."

Which being objected to;

The Question was put, "Whether those Words shall be added to the said Question?"

It was Resolved in the Affirmative.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Orders and Instructions given to Rear Admiral Haddock, from the 29th of May 1739, to the 24th of June 1740; and Copies of all Letters wrote to Rear Admiral Haddock, by either of His Majesty's Principal Secretaries of State, or by the Commissioners of the Admiralty; and also, Copies of all Letters wrote by the said Rear Admiral to the same Persons, from the 24th of May 1739, to this Time, so far as the same, or any of them, concern the committing any Hostilities against, or do in any wise relate to, the Crown of Spain."

Address for Letters to and from Sir J. Norris.

Next, it was proposed, "To resolve, That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Letters wrote by either of His Majesty's Principal Secretaries of State, or the Commissioners of the Admiralty, or the Secretaries of the late Lords Justices, to Sir John Norris, in the Years 1740 and 1741; and also, Copies of all Letters wrote by Sir John Norris to the aforesaid Persons, or any of them, during the same Space of Time."

And a Question being stated thereupon:

The same was agreed to, with the Addition of these Words, (videlicet,) ["so far as the same, or any of them, concern the committing any Hostilities against, or do in any wise relate to, the Crown of Spain"].

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Letters wrote by either of His Majesty's Principal Secretaries of State, or the Commissioners of the Admiralty, or the Secretaries of the late Lords Justices, to Sir John Norris, in the Years 1740 and 1741; and also, Copies of all Letters wrote by Sir John Norris to the aforesaid Persons, or any of them, during the same Space of Time; so far as the same, or any of them, concern the committing any Hostilities against, or do in any wise relate to, the Crown of Spain."

Address for Orders, &c. to Adm. Vernon, resused.

After which, it was moved, "To resolve, That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Orders and Instructions given to Vice Admiral Vernon, from the Time he was appointed to command in The West Indies, to this present Time; and Copies of all Letters wrote by the said Admiral to His Majesty's Principal Secretaries of State, or to the Commissioners of the Admiralty, and Copies of all Letters wrote by the said Persons to him, during the same Period of Time."

And the same being objected to;

And Debate thereupon:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Address for Orders, &c. to Officers in Gibraltar and Minorca.

Then it was proposed, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that there be laid before this House, Copies of all Orders and Instructions given to the Commanding Officers in Gibraltar and the Island of Minorca; and Copies of all Letters wrote by the said Officers, or either of them, to either of His Majesty's Principal Secretaries of State, or Secretary at War, or the Secretaries of the late Lords Justices; with Copies of all Letters wrote from the said Persons, or any of them, to the said Officers, or either of them, from the 24th of May 1739, to the present Time."

And the same was agreed to, and ordered accordingly.

Ordered, That the several Addresses agreed to this Day be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum quartum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic; vide p. 50. b. &c. where the Heath appears to be in the County of Cambridge.