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

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History of Parliament Trust

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1767-1830

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174-176

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'House of Lords Journal Volume 26: December 1742, 1-10', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 174-176. URL: http://british-history.ac.uk/report.aspx?compid=114165 Date accessed: 27 November 2014.


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December 1742, 1-10

DIE Mercurii, 1o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Bedford.
Dux Marlborough.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Holderness.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Conway.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Talbot.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Edgecumbe.

PRAYERS.

Tucker against The King, in Error:

Counsel (according to Order) were called in, to be further heard, in the Cause, upon a Writ of Error, wherein Richard Tucker Esquire is Plaintiff, and our Sovereign Lord the King Defendant.

And the Second Counsel for the said Defendant being fully heard;

And the First Counsel for the Plaintiff having replied:

The Counsel were all directed to withdraw.

And it being moved, "To reverse the Judgement given in the Court of King's Bench:"

The same was objected to.

And, after Debate thereupon;

This Question was agreed to be put to the Judges; (videlicet,)

Whether an Alderman of the Borough of Weymouth is a Burgess of the said Borough; and is capable of being put in Nomination, in order to be Mayor of the said Borough, by virtue of the Charter of the 14th Year of the Reign of King James the First?"

Then the Judges present, being directed to deliver their Opinions, with their Reasons, seriatim, upon the said Question.

They were all heard accordingly, beginning with the Junior; and declared their Opinion to be, "That an Alderman was a Burgess, but not to be considered as capable of being put in Nomination to be Mayor."

Next, the Judges were directed to deliver their Opinions on this Question; (videlicet,)

"Whether the Rejoinder is a Departure from the Plea in Bar; and what is the Consequence thereof, in Point of Law, upon this Record?"

Who having conferred together; the Lord Chief Justice of the Court of Common Pleas acquainted the House, That they were unanimously of Opinion, that this is no Departure in Pleading, and cannot be at all material in the present Case."

Then, after further Debate;

The Question was put, "Whether the said Judgement shall be reversed?"

It was Resolved in the Negative.

After which, the following Order and Judgement was made; (videlicet,)

Judgement affirmed.

"After hearing Counsel, as well Yesterday as this Day, to argue the Errors assigned upon a Writ of Error brought into this House the 24th Day of May last, wherein Richard Tucker Esquire is Plaintiff, and our Sovereign Lord the King Defendant, in order to reverse a Judgement given in His Majesty's Court of King's Bench for the said Defendant; and the unanimous Opinion of the Judges present having been delivered upon certain Points of Law to them proposed; and due Con sideration and Debate had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement, given in the said Court of King's Bench for the said Defendant in Error, be, and the same is hereby, affirmed; and that the Record be remitted."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"On which Day, before our said Lord the King and the Peers of this Realm, assembled in this present Parliament, at Westminster aforesaid, come, as well the aforesaid Richard Tucker in his proper Person, as the aforesaid Coroner and Attorney of our now said Lord the King, in the Court of our said Lord the King, before the King Himself: Whereupon, as well the Record and Process aforesaid, and the Judgement thereupon given, as the Causes assigned for Error, being seen and examined, by the Court of Parliament aforesaid, it is considered, by the said Court of Parliament, That the Judgement aforesaid in all Things affirmed; and that the Record aforesaid be remitted into the Court of our said Lord the King, before the King Himself, that Execution may be thereupon had for our said Lord the King."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 7o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
(fn. 1) Epus. Cicestriens.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Suffolk.
Comes Anglesey.
Comes Shaftesbury.
Comes Coventry.
Comes Home.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Fitzwalter.
Comes Wilmington.
Comes Offord.
Viscount Townshend.
Viscount Lymington.
Viscount Torrington.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley.
Ds. Hervey.
Ds. Somerville.
Ds. Masham.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Raymond.

PRAYERS.

Land Tax Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-three;" to which they desire the Concurrence of this House.

Vialars & al. Nat. Bill:

A Message was brought from the House of Commons, by Sir Thomas Drury and others:

With a Bill, intituled, "An Act for naturalizing Daniel Vialars and Peter Thomegay;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Demarin & al. to be added;

Upon reading the Petition of John Lewis Demarin and Daniel Lagier Lamotte; praying, "That their Names may be inserted in the said Bill:"

It is Ordered, That the said Petition do lie on the Table, till the Bill be read a Second Time.

Chassereau to be added.

Upon reading the Petition of Francis Chassereau; praying likewise, "That his Name may be inserted in the same Bill:"

It is Ordered, That the said Petition do lie on the Table, till the Bill be read a Second Time.

Egar to enter into Recognizance for Magenis;

The House being moved, "That Peter Egar may be permitted to enter into Recognizance for Arthur Magenis Esquire, on account of his Appeal depending in this House; he being in Ireland:"

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

Lally also for Moore.

The like Motion and Order, for Nehemiah Lally to enter into a Recognizance for Michael Moore Esquire, on account of his Appeal depending in this House; for a Reason of the same Nature.

Adjourn.

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

DIE Jovis, 9o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Devon.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Cardigan.
Comes Anglesey.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Viscount Townshend.
Viscount Falmouth.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley Str.
Ds. Haversham.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Walpole.
Ds. Raymond.
Ds. Fitzwilliam.

PRAYERS.

Proceedings of the Commissioners for Westminster Bridge, delivered.

The House being informed, "That Sir Joseph Ayloffe, from the Commissioners for building a Bridge at Westminster, attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of several Acts of Parliament,

"A State of the Proceedings of the said Commissioners, from November 24th 1741, to November 3d 1742 (both inclusive)."

Also, "Contracts made by the said Commissioners, during that Space of Time."

And also, "Accompts of the Treasurer to the said Commissioners, from the 29th September 1741, to 29th September 1742."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, being read by the Clerk:

Ordered, That the same do lie on the Table.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fortythree."

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

E. Anglesey against Annesley.

The House was moved, "That the Hearing of the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent, which stands appointed for Wednesday next, may be put off to the First vacant Day for Causes after Christmas, in regard the necessary Papers relating to the said Cause are not yet brought from Ireland."

And thereupon the Agents on both Sides being called in, and heard at the Bar:

They were directed to withdraw.

Ordered, That the said Hearing be put off accordingly.

Demarin & al. to be naturalized, take the Oaths.

John Lewis Demarin, Daniel Lagier Lamotte, and Francis Chassereau, took the Oaths appointed, in order to their Naturalization.

Vialars & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Daniel Vialars and Peter Thomegay."

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

L. Steward.
D. Devon.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Cardigan.
E. Anglesey.
E. Coventry.
E. Findlater.
E. Ilay.
E. Fitzwalter.
Vis. Townshend.
Vis. Falmouth.
L. Bp. Lincoln.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Exon.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Delawarr.
L. Willoughby Par.
L. Poulet.
L. Strange.
L. Berkeley Str.
L. Haversham.
L. Somerville.
L. Bathurst.
L. Romney.
L. Walpole.
L. Raymond.
L. Fitzwilliam.

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Monday next; and to adjourn as they please; and that the Petitions of the several Persons, praying to be added to the said Bill, be referred to the same Committee.

Adjourn.

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

Footnotes

1 Bis in Originali.