House of Lords Journal Volume 26
June 1742, 1-10

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History of Parliament Trust

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1767-1830

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137-141

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'House of Lords Journal Volume 26: June 1742, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 137-141. URL: http://british-history.ac.uk/report.aspx?compid=114158 Date accessed: 21 August 2014.


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June 1742, 1-10

DIE Martis, 1o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes North'ton.
Comes Warwick.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Home.
Comes Lauderdale.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Cobham.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Somerville.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Talbot.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgcumbe.

PRAYERS.

Vis. Mountague & al. to sell Walsingham's Estates, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estates late of James Walsingham Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same, and other 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 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.

Sir W. Pole's Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during the Minority of his Son Sir John Pole," was committed.

Tucker against The King, in Error.

The House being moved, "That a Day may be appointed, for hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein Richard Tucker is Plaintiff, and the King Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Hopkins to take the Name of Probyn, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of Probyn, pursuant to the Will of Sir Edmund Probyn Knight, 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. Elde and Mr. Thurston:

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

Message from thence, to return Buck's Bill.

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

To return the Bill, intituled, "An Act for confirming certain Estates, in the County of Hertford, heretofore mortgaged by Sir Charles Buck Baronet, deceased, to the Trustees of Fulke Greville Esquire, during his Minority, to him and his said Trustees, discharged from the Equity of Redemption which the Infant Son and Heir of the said Sir Charles Buck now hath therein, and in full Satisfaction for Principal and Interest due thereon; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Justices of Corporations to commit Offenders, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Cor poration is situate," was committed, the Amendments made by the Committee to the said Bill.

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

Against assisting Prisoners to escape, Bill.

The Order being read, for the House to be in a Committee upon the Bill, intituled, "An Act for more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Confinement:"

Ordered, That the House be put into a Committee thereupon, on the First Tuesday after the approaching Recess; and that a Copy of the said Bill be sent to the Judges; who are to prepare a Clause, or Clauses, to be added thereunto, to explain and amend an Act passed in the last Session of Parliament, intituled, "An Act to render the Laws more effectual, for preventing the stealing and destroying of Sheep and other Cattle;" and that they do attend the said Committee.

Trade protecting, Bill:

The Order being read, for the Second Reading of the Bill, intituled, "An Act for the better protecting and securing the Trade and Navigation of this Kingdom, in Times of War:"

The same was read a Second Time.

Proposed, "To commit the Bill."

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Negative.

Rejected.

Ordered, That the said Bill be rejected.

Officers, Members of H. C. excluding, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to exclude certain Officers from being Members of the House of Commons."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Against counterseiting Gold and Silver Lace, Bill.

The like Proceeding was had, upon the Bill, intituled, An Act to prevent the counterfeiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread."

Adjourn.

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

DIE Mercurii, 2o Junii.

Domini tam (fn. 1) Spirituales quam Temporales præsentes fuerunt:

Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Cardigan.
Comes Litchfield.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Fitzwalter.
Comes Wilmington.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Fitzwilliam.
Ds. Edgcumbe.

PRAYERS.

Ingoldsby against Napper & al.

After hearing Counsel, upon the Petition and Appeal of Thomas Ingoldsby Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 5th of July 1738, made in a Cause wherein the Appellant was Plaintiff, and James Lenox Napper Esquire and Catherine his Wife, Frances Ingoldsby, and William Smith Esquire, were Defendants; and praying, "That the same might be reversed; and that the Appellant might be relieved in such Manner as to the House in their great Wisdom should seem meet:" As also upon the joint and several Answer of the said James Lenox Napper and Catherine his Wife, Frances Ingoldsby, and William Smith, 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 as directs the Accompt of Profits of the Lands of Carrtown, in the Appeal mentioned, to commence from the Time of filing the Bill in the said Cause, be, and the same is hereby, reversed: And it is hereby further Ordered, That the Accompt be taken of the Profits of the said Lands of Carrtown accrued from the Time of the Death of Henry Ingoldsby; and that any of the Parties be examined on Interrogatories, touching the said Accompt, as the Master to whom the said Cause stands referred shall direct; and that the Respondents do produce, upon Oath, before the said Master, all Deeds and Writings in the Custody or Power of them, or any of them, relating to the said Lands of Carrtown, with the Appurtenances; and that such of the said Deeds and Writings as relate to the said Lands of Carrtown only be delivered to the Appellant; and that such of them as relate to the said Lands of Carrtown together with any other Lands be left with the said Master, for the equal Benefit of all the Parties in terested therein, subject to the further Order of the said Court; and that any of the said Parties be at Liberty to take Copies thereof, or of any Part thereof, at their own Expence; and also to apply to the said Court, for any further Directions touching the Originals of such last mentioned Deeds, as Occasion shall require: And it is further Ordered and Adjudged, That, with these Variations, the said Decree be affirmed.

Holsten, Leave for a Nat. Bill:

Upon reading the Petition of Peter Holsten; praying, Leave to bring in a Bill for his Naturalization:

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

Bill read.

Accordingly, the Earl of Findlater presented to the House a Bill, intituled, "An Act for naturalizing Peter Holsten."

And the same was read the First Time.

Vernon against Vernon & al.; and Thwaites & al. against Vernon & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anna Bella Vernon and Matilda Vernon Spinsters are Appellants, and Captain John Vernon and others Respondents; and the Cause wherein Ephraim Thwaites and others are Appellants, and the said Captain John Vernon, Anna Bella Vernon, Matilda Vernon, and others, Respondents:"

It is Ordered, That this House will hear the said Causes, upon the Appeals and Answers together, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Sir W. Pole's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Eeases of Part of his Estate, during the Minority of his Son Sir John Pole."

The Question was put, "Whether this Bill, with the Amendments, 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. Elde and Mr. Thurston:

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

Vis. Mountague & al. to sell Walsingham's Estates, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of James Walsingham, Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same; and other Purposes therein mentioned."

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 the former Messengers:

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

Adjourn.

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

DIE Jovis, 3o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Bath & Wells.
Epus. Sarum.
Epus. Norwic.
Epus. Cicestriens.
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Portland.
March. Tweeddale.
Comes Suffolk.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Berkshire.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Findlater.
Comes Breadalbane.
Comes Ker.
Comes Malton.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Strange.
Ds. Ward.
Ds. Somerville.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Edgcumbe.

PRAYERS.

Against destroying F. Bill.

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

With a Bill, intituled, "An Act for the more effectual punishing Persons who shall unlawfully and maliciously kill, poison, destroy, or steal, any Fish kept in Ponds, Pits, or Stews; and for preventing the unlawful taking of Fish out of any River, Brook, or Watercourse;" to which they desire the Concurrence of this House.

Woollen Cloth, to prevent the stealing of, Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing any Cloth or Woollen Goods remaining upon the Rack or Tenters, or any Wool left out to dry, from being stolen or taken away in the Nighttime;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Justices of Corporations to commit Offenders, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Corporation is situate."

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. Elde and Mr. Thurston:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with several Amendments, whereunto their Lordships desire their Concurrence.

For preventing Frauds in Gold and Silver Lace, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the counterseiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread."

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

It was Resolved in the Affirmative.

Officers, Members of H. C. excluding, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to exclude certain Officers from being Members of the House of Commons."

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

It was Resolved in the Affirmative.

Messages to H C. that the Lords have agreed to the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Sherriff against Donovan & al. et è contra:

Ordered, That the Hearing of the Cause wherein Samuel Sherriff Gentleman is Appellant, and Jeremiah Donovan Esquire and others are Respondents, et è contra, which stands appointed for To-morrow, be put off to Monday Sevennight next; and the other Causes removed in Course.

Adjourn.

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

DIE Jovis, 10o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Bath. & Wells.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Dux Montagu.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Berks.
Comes Winchilsea.
Comes Cardigan.
Comes Carlisle.
Comes Litchfield.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Findlater.
Comes Oxford.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Viscount Fauconberg.
Ds. Strange.
Ds. Somerville.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Edgecumbe.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

Lords sworn.

John Duke of Montagu and Daniel Earl of Winchilsea and Nottingham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; they having first severally delivered a Certificate of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Holsten, Nat. Bill.

Peter Holsten took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Peter Holsten."

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

D. Montagu.
D. Newcastle.
March. Tweeddale.
March. Lothian.
E. Suffolk.
E. Berks.
E. Winchilsea.
E. Cardigan.
E. Carlisle.
E. Litchfield.
E. Coventry.
E. Cholmondeley.
E. Sutherland.
E. Morton.
E. Findlater.
E. Oxford.
E. Graham.
E. Ker.
E. Fitzwalter.
E. Wilmington.
Vis. Fauconberg.
L. Abp. Cant.
L. Bp. Bath & Wells.
L. B. Norwich.
L. B. Chichester.
L. B. Landaff.
Ld. Strange.
L. Somerville.
L. Bathurst.
L. Hobart.
L. Monson.
L. Raymond.
L. Edgcumbe.

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

Against destroying Fish, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectually punishing Persons who shall unlawfully and maliciously kill, poison, destroy, or steal, any Fish, kept in Ponds, Pits, or Stews; and for preventing the unlawful taking of Fish out of any River, Brook, or Watercourse."

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

Message from H. C. to return Sir W. Pole's Bill.

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

To return the Bill, intituled, "An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during the Minority of his Son Sir John Pole;" and to acquaint this House, that they have agreed to their Amendments, with an Amendment to One of their Lordships Amendments; whereunto they desire their Concurrence.

Then the Amendment, being read Thrice, was agreed to.

And a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Edwards, to acquaint them therewith.

Woollen Cloth, to prevent the stealing of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing any Cloth or Woollen Goods remaining upon the Rack or Tenters, or any Woollen Yarn or Wool left out to dry, from being stolen or taken away in the Night-time."

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

Bank Annuities, &c. Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty the Sum of Eight Hundred Thousand Pounds, to be raised by Annuities, transferrable at the Bank of England; and for ascertaining the Customs and Duties upon Quicksilver taken as Prize during the present War; and for the further appropriating the Supplies granted in this Session of Parliament;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Northey's Bill.

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

To return the Bill, intituled, "An Act to enable William Northey, an Infant, to settle Lands, Tenements, and Hereditaments, in the County of Wilts, for the Benefit of himself and any Woman he shall marry, and their Issue, notwithstanding his Infancy; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

Judex Primarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, undecimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.