February 1726, 11-20
DIE Veneris, 11o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Roffen.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Kingston, C. P. S.
Dux Dorset, Senescallus.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Harborough.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Howard Eff.
Ds. Compton.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
2. Ds. Bathurst.
1. Ds. Masham.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie. |
PRAYERS.
Mr. Bromley & al. Leave for a Bill.
Upon reading the Petition of William Bromley
Esquire, Lord of the Manor of Bubnell, alias Bobenhull,
in the County of Warwick, the Reverend Samuel Sturges
Clerk, Prebendary of the Prebend of Bobenhull,
founded in the Cathedral Church of Litchfield, the
Mayor, Bailiffs, and Commonalty, of the City of Coventry, and of the Freeholders of the said Manor;
praying Leave to bring in a Bill, to enclose the Common
Fields and other Commonable Lands, in the said Manor
of Bubnell, alias Bobenhull, and to divide the same into
Allotments and Proportions, according to Rights therein
respectively, in such Manner, and by such Methods, as
shall be just:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Edgworth versus Swist.
After hearing Counsel, upon the Petition and Appeal of Edward Edgworth Esquire; complaining of
several Orders of the Court of Chancery in Ireland, of the Eighth of December 1720, the Twentyseventh of January 1723, the Twenty-ninth of April,
Sixth of May, and Twelfth of June, 1724, in a Cause
wherein Mead Swist Gentleman was Plaintiff, and the
Appellant and others were Defendants; and praying,
That the same may be reversed, and the Plaintiff's
Bill dismissed, with Costs:" As also upon the Answer
of the said Mead Swift put in to the said Appeal; and
due Consideration 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 Order of the Twenty-seventh of January One
Thousand Seven Hundred and Twenty-three, and all
Proceedings subsequent thereunto, be, and are hereby,
set aside; and that the Lord Chancellor of Ireland do
direct an Issue at Law, to try the Validity of the Execution of the Articles of the Fifth of July One Thousand Six Hundred and Ninety-two, of the Settlement of
the Seventeenth of June One Thousand Seven Hundred and Three, and of the Settlement of the Twentyfifth of December One Thousand Seven Hundred and
Three; which Issue is to be tried at the Bar of the
Court of Common Pleas, by a Jury of the County of
Westmeath; and that the said Lord Chancellor do give
all proper Directions for the settling and trying the
said Issue: And it is further Ordered, That the Appellant do, with all convenient Speed, deliver the said
Articles and Settlements into the said Court of Chancery, to remain there till the Trial be had; but, in the
mean Time, to be inspected by each Party as there shall
be Occasion; which Articles and Settlements shall be
produced at such Trial; and, after the same had, be
returned back to the said Court of Chancery, to be
disposed of as the said Court shall direct; and each
Party shall, after such Trial, resort back to the said
Court of Chancery, to have such further Directions as
shall be just.
Marq of Clydsdale versus E. of Dundonald.
Upon reading the Petition and Appeal of James Hamilton Esquire, commonly called Marquis of Clydsdale,
an Infant of tender Years, by James Duke of Hamilton
and Brandon his Father and next Friend; complaining of
Part of an Interlocutory of the Lords of Session in
Scotland of the Sixteenth of December, and of Part of
Two Interlocutories of the Twenty-sixth and Twentyeighth of January last, made on the Behalf of Thomas
Earl of Dundonald; and praying, "That the same may
be reversed:"
It is Ordered, That the said Earl of Dundonald
may have a Copy of the said Appeal; and do put in
his Answer thereunto, in Writing, on or before Friday
the Eleventh Day of March next; and that Service of
this Order on the said Earl's Agent, or Procurator, in
the Court of Session in Scotland, be deemed good Service.
Trye & al. Pet. referred to Judges.
Upon reading the Petition of Thomas Trye of Hardwick in the County of Gloucester Esquire, and Mary
his Wife, William Trye of Haresfield in the said County
Gentleman, Brandon Trye of Cheltenham in the said
County Gentleman, and John Longford Clerk and
Elizabeth his Wife; praying Leave to bring in a Bill,
for Sale of the Manors of Hardwick and Haresfield, and
the Mansion-house called Hardwick Court, for Payment
of a Mortgage Debt; 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
Reynolds and Mr. Baron Hale; with the usual Directions,
according to the Standing Orders.
Northey & al. Leave for a Bill.
Upon reading the Petition of William Northey
Esquire, Lord of the Manor of Compton Bassett in the
County of Wilts, Heneage Walker Esquire, Lord of the
Manor of Compton Comberwell, the Reverend Thomas
Hallifax Clerk, Rector of the Parish and Parish Church
of Compton Bassett, Robert Maundrell, Michael Smith,
and Clement Burchall, of the same Place, Gentlemen,
Isaac Savage Gentleman, and others, the Proprietors of
Land in the Common Field of Compton Bassett, on Behalf of themselves, and of all others the Proprietors of
Land in the said Common Field; praying Leave to
bring in a Bill, for establishing and confirming certain
Articles of Agreement, and an Award for dividing,
enclosing, and holding in Severalty, the said Common
Field of Compton Bassett, in the said County:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Williams versus Lane and Ly. Lanesborough.
The House being informed, "That a Person attended
at the Door, with Copies of several Papers, being
Proceedings in the Cause wherein Edward Williams is
Appellant, and John Bell Lane Esquire and Mary Viscountess Lanesborough are Respondents:"
Whereupon Robert Williams was called in, and sworn;
and delivered, at the Bar, Copies of Proceedings in
the said Cause; and attested, "The same were true
Copies, he having examined them with the Originals
in the respective Offices in Ireland.
And withdrew.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
Die Martis, 24o Januarii, 1726,
hitherto examined by us,
Jo. Carliol.
Jo. Norwich.
De Lawarr.
DIE Mercurii, 16o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
2. Dux Montagu.
1. Dux Richmond.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Sunderland.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Waldegrave.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
E. Ferrers versus Countess Dowager Ferrers & al.
The Answer of Selina Countess Dowager Ferrers
and others, to the Appeal of Washington Earl Ferrers:
Trinity House versus Ryall:
Also, the Answer of Maltis Ryall, to the Appeal of
the Master, Wardens, and Assistants, of the Corporation of Trinity House:
Wynn versus Wynn:
Also, the Answer of Richard Wynne Gentleman, to
the Appeal of Maurice Wynne Esquire:
Brand versus Wilmot & al.
As also, the Answer of John Wilmott, Jonathan Welch,
and Thomas Alsop, to the Appeal of Thomas Brand;
were this Day brought in.
E. of Bradford takes his Seat.
Henry Earl of Bradford sat first in Parliament, after
the Death of his Father Richard Earl of Bradford;
and came to the Table, and took the Oaths, and made
and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Turton, Leave for a Bill to dischace Alrcwas Hay Chace.
Upon reading the Petition of the several Gentlemen,
Freeholders, Copyholders, Leaseholders, and others,
having Right of Common in and upon the Chace of
Alrewas Hay, in the County of Stafford; praying Leave
to bring in a Bill, for dischaceing and disfranchising the
said Chace; and for empowering John Turton Esquire,
Owner thereof, to enclose a Part of such Chace; and
for other Purposes; expressed in certain Articles of Agreement in the said Petition mentioned:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Compton Basset Common, to enclose, Bill.
The Earl of Yarmouth, pursuant to the Order on
Friday last, presented to the House a Bill, intituled,
An Act for dividing and enclosing, or holding in Severalty, the Common Field within the Parish of Compton Basset, in the County of Wilts."
Then the said Bill was read the First Time.
Mr. Hamilton to enter into Recognizance for Marquis of Clydsdale.
The House being moved, "That Alexander Hamilton
of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for James Hamilton Esquire,
commonly called Marquis of Clydsdale, an Infant, by
James Duke of Hamilton and Brandon his Father, on
account of his Appeal depending in this House, to
which Thomas Earl of Dundonald is Respondent:"
It is Ordered, That the said Alexander Hamilton
may enter into a Recognizance for the said Appellant,
as desired.
E of Dundonald versus Marquis of Clydsdale & al.
Upon reading the Petition and Appeal of Thomas
Earl of Dundonald; complaining of Part of several Interlocutories, of the Sixteenth of December and Twenty-sixth of January last, made on the Behalf of James
Marquis of Clydsdale, James Duke of Hamilton and
Brandon his Father and Guardian, Charles Earl of
Strathmore and the Lady Susanna his Wife, the Lady
Catherine Cochran, and John Hamilton Writer to the
Signet, and praying, "That such Parts thereof as are
therein complained of may be reversed:"
It is Ordered, That the said James Marquis of
Clydsdale, James Duke of Hamilton and Brandon, and
the other Parties, may have a Copy of the said Appeal; and do put in their Answer or respective Answers
thereunto, in Writing, on or before Wednesday the
Sixteenth Day of March next; and that Service of this
Order on the Procurators, or Agents, of the said Respondents, in the Court of Session in Scotland, be
deemed good Service.
E. Ferrers versus Countess Dowager Ferrers & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Washington
Earl Ferrers is Appellant, and Selina Countess Dowager Ferrers and others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Seventh
Day of March next, at Eleven a Clock.
Neilson versus Murray, Pet. to put off Hearing.
Upon reading the Petition of James Glendoning, Agent
for John Neilson Esquire; praying, "In regard the Appellant is ill of the Gout, and unable to travel from
Scotland, and Mr. Forbes his Counsel lately fallen sick,
that the Hearing his Appeal, to which John Murray
Esquire is Respondent, may be put off for some
Time:"
And thereupon the Petitioner, and Mr. Patrick Mc
Dowall the Respondent's Agent, were called in:
And the said McDowall being heard in relation to
this Matter; the said Petition was, by Leave of the
House, withdrawn.
Neilson versus Murray:
After hearing Counsel, upon the Petition and Appeal
of John Neilson of Chapell Esquire; complaining of
several Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Tenth of July and Fourteenth
of December 1722, the Eighth of February 1723, the
Fourteenth of November and Fourth of December 1724,
and the Twenty-third of January 1724/25, in a Cause
wherein John Murray of Conheath Esquire was Plaintiff, and the Appellant Defendant; and praying, "That
the same may be reversed:" As also upon the Answer
of the said John Murray put in to the said Appeal; and
due Consideration had of what was offered on either Side
in this Cause:
Interlocutors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Petition and Appeal be, and is hereby, dismissed
this House; and that the several Interlocutors, or Decrees, therein complained of, be, and the same are
hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 17o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliœ.
|
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
PRAYERS.
Sir J. Rushout versus Rushout & al.:
The Answer of Thomas Vernon Esquire, One of the
Respondents, to the Appeal of Sir John Rushout Baronet:
Meynell versus Moor.
As also the Answer of George Moore, of London,
Merchant, to the Appeal of Sarah Meynell Widow, and
Isaac Crabb; were this Day brought in.
Bubnell Common Fields, to enclose, Bill.
The Lord Viscount Harcourt, pursuant to the Order
on Friday last, presented to the House a Bill, intituled,
An Act for enclosing several Common Fields, in the
Parish of Bubnell, alias Bobenhull, in the County of
Warwick."
The said Bill was read the First Time.
Alrewas Hay Chace, to dischace, Bill.
The Lord Steward (pursuant to the Order Yesterday)
presented to the House a Bill, intituled, "An Act for
dischaceing and disfranchising the Chace of Alrewas
Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose
a Part of such Chace; and for other Purposes, in
the said Act mentioned."
The said Bill was read the First Time.
Chaytor's Pet. referred to Judges.
Upon reading the Petition of Henry Chaytor of Crost
in the County of York Gentleman; praying Leave to
bring in a Bill, to enable the Petitioner to make Leases
to Tenants, or a Jointure on such Woman as he shall
marry, or Provisions for Younger Children:
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 the Lord
Chief Justice of the Court of Common Pleas; with
the usual Directions, according to the Standing Orders.
Compton Basset Common Field, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for dividing and enclosing, or holding in Severalty, the
Common Field, within the Parish of Compton Basset,
in the County of Wilts."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
V. Say & Seale.
V. Lonsdale.
V. Tadcaster.
V. St. John.
V. Cobham.
V. Falmouth.
V. Harcourt.
V. Torrington. |
Arch. Ebor.
Epus. London.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole. |
Their Lordships, or any Five of them; to meet
on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
L. Willoughby & al. Leave for a Bill.
After reading, and considering, the Report of the
Judges to whom the Petition of George Lord Willoughby
de Broke and others was referred; praying Leave to
bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Hodie 1a vice lecta est Billa, intituled, "An Act
for ascertaining several Messuages and Lands, in the
County of Gloucester, purchased by Sir Grevill Verney;
and for the effectual Partition of the Manor of Tudrington and Itchington, in the said County."
Treaties considered.
The House (according to Order) proceeded to take
into Consideration the Copies of the several Treaties
laid before this House, by His Majesty's Command, on
Thursday last.
And the same being read by the Clerk:
Ordered, That this House be now put into a Committee, to take the said Treaties into Consideration.
Ordered, That the said Treaties be referred to the
said Committee.
Accordingly the House was adjourned during Pleasure, and put into a Committee, to take the said Treaties
into Consideration.
And, after some Time spent therein, the House was
resumed.
Resolution for an Address:
And the Lord Delawarr reported from the said
Committee, "That they had taken the said Treaties
into Consideration, and were come to the following
Resolution; (videlicet,)
"That it is the Opinion of this Committee, That
an humble Address be presented to His Majesty, to
return His Majesty the Thanks of this House, for His
most Gracious Condescension, in laying the Treaties
of Peace and Commerce made at Vienna between His
Imperial Majesty and the King of Spain, and the Defensive Alliance concluded between His Majesty the
Most Christian King and the King of Prussia, before
this House: To declare our Opinion, that the said
Treaty of Commerce manifestly appears to have been
calculated with a View to put the Trade of the Spanish
East and West Indies entirely into the Hands of His Imperial Majesty's Subjects; contrary to the Barrier
Treaty, made between the Emperor and The States
General, to which His Majesty, at their Request, became Guarantee, as well as in Breach of many solemn Treaties and Engagements between the Crowns
of Great Britain and Spain; to the inexpressible Damage of the Subjects of this Realm: To express our
just Sense of the infinite Obligations we lie under to
His Majesty, for the Care He has taken of the Protestant Interest and the Trade of this Nation, by concluding, at so critical a Juncture, the abovementioned
Defensive Alliance, highly necessary for maintaining
the Balance of Europe, as well as for preserving many
valuable Rights, Immunities, and Advantages, relating
to the Trade of Britain: And to assure His Majesty
that we will stand by and support Him, to the utmost
of our Power, in the Engagements He has entered
into by this Treaty, and in the Prosecution of such further Measures as His Majesty in His great Wisdom shall
think proper, for preventing the ill Consequences to
the Trade of this Kingdom by the abovementioned
Treaty of Commerce: To acknowledge His Majesty's
great Goodness, in not suffering Himself to be diverted from a Work so necessary to the Happiness of His
British Subjects by any Insinuations whatsoever: To
give His Majesty the strongest Assurances of our inviolable Fidelity; and that, if His Majesty shall be
at any Time insulted or attacked, by any Prince or
State whatsoever, in any Part of His Majesty's Dominions or Territories not belonging to the Crown of
Great Britain, in Resentment of such Measures as His
Majesty has taken for preserving and maintaining the
true Interest and Safety of this Kingdom, and of His
having entered into the said Defensive Alliance for
that Purpose; we are fully determined, in Vindication
of His Majesty's Honour, to exert ourselves to the
utmost, in defending and protecting such Dominions
from any such Insults and Attacks."
Which Resolution being read by the Clerk:
Motion for an Addition to it.
It was propofed, "To add these Words; (videlicet,)
["This House not doubting but Your Majesty, in
Your great Wisdom and Justice to these Your Kingdoms, will always preserve to them the full and entire Benefit of the Provision made, for further securing our Religion, Laws, and Liberties, by an Act
passed in the Twelfth and Thirteenth Year of the
Reign of His late Majesty King William the Third, of
Glorious Memory, whereby it is enacted, "That in
case the Crown and Imperial Dignity of this Realm
shall hereafter come to any Person not being a Native
of this Kingdom of England, this Nation be not obliged to engage in any War, for the Defence of any
Dominions or Territories which do not belong to the
Crown of England, without the Consent of Parliament."]
Which being objected to:
After Debate;
The Question was put, "Whether those Words
shall be made Part of the foregoing Resolution?"
It was Resolved in the Negative.
Protest against rejecting it:
"Dissentient.
"1st, The Clause of the Act of Parliament, referred
to in the Words proposed to be added, being passed
into a Law upon the solemn Occasion of settling the
Crown of these Realms upon His Majesty and His
Royal Issue; and the same Provision, with others in
that Act made, having been since re-enacted by Parliament upon another very solemn Occasion; we are
of Opinion, that it is thereby become a fundamental
and a very sacred Part of the Constitution of the
United Kingdom; upon the strict and inviolable Observance of which, the future Tranquillity of this
Nation, and the Properties of the Subjects of Great
Britain, may, in our Opinions, greatly depend: And
therefore, we thought the Words proposed fit to be
added to a Resolution of this House, wherein the
Defence of His Majesty's Dominions and Territories
not belonging to the Crown of these Realms is, as
we conceive, in some Measure engaged for.
"2dly, We are of Opinion, that the unfeigned Zeal
constantly shewn by this House in Defence of His
Majesty's Sacred Person, and the Honour and true
Interest of His Government, can never fail to exert
itself, in Vindication of His Majesty's Honour, against
all Insults and Indignities whatsoever: And, though
we are far from thinking but that a Case may arise,
wherein the Consent of this House to engage this
Nation in a War, in Defence of His Majesty's Dominions in Germany, may be both just and necessary;
yet, it being, in our Judgements, reserved to both
Houses of Parliament, by the Laws abovementioned,
to deliberate and advise upon all the Circumstances,
and thereupon to consent to the Justice of the Cause
whereby this Nation shall at any Time be engaged in
a War upon that Account; we were therefore convinced, that the Words proposed ought to have been
added to the Resolution.
"3dly, And the rather, because the Words proposed to be added import the most dutiful and entire
Considence in His Majesty's Wisdom and Justice to
these Kingdoms in that respect; and therefore, if
they had been added to the Resolution of this House
at this critical Juncture, would, as we conceived, have
prevented any Jealousies which might happen to arise,
in the Minds of the Subjects of this Realm, in a
Matter which we think to be of such high Imporrance to them.
"Strafford.
Scarsdale.
Bristol.
Aberdeen.
Compton.
Litchfield.
Lechmere.
Craven.
Then the said Resolution being read a Second Time;
The Question was put, "Whether to agree with
the Committee in the said Resolution?"
It was Resolved in the Affirmative.
Committee to draw the Address.
The Lords following were appointed a Committee,
to prepare an Address pursuant thereunto; (videlicet,)
|
Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Greenwich.
Comes Lincoln.
Comes Yarmouth.
Comes Scarbrough.
Vis. Townshend.
Vis. Harcourt. |
Epus. Winton. |
Ds. Trevor.
Ds. Walpole. |
Their Lordships, or any Five of them; to meet
presently, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Then the House was adjourned during Pleasure; and
the Committee withdrew, to draw the Address.
After some Time, the House was resumed.
Address reported.
And the Earl of Scarbrough reported from the said
Committee, "That they had prepared an Address accordingly."
Which was read, as follows; (videlicet,)
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament
assembled, humbly beg Leave to return Your Majesty our most hearty Thanks, for Your most Gracious
Condescension, in laying the Treaties of Peace and
Commerce made at Vienna, between His Imperial
Majesty and the King of Spain, and the Defensive
Alliance concluded between Your Majesty, the Most
Christian King, and the King of Prussia, before this
House.
"The said Treaty of Commerce plainly appears to
us, upon our most mature Consideration thereof, to
have been calculated with a View to put the Trade
of the Spanish East and West Indies entirely into the
Hands of His Imperial Majesty's Subjects, contrary
to the Barrier Treaty made between the Emperor
and The States General, to which Your Majesty, at
Their Request, became Guarantee, as well as in Breach
of many solemn Treaties and Engagements to the contrary, between the Crowns of Great Britain and
Spain; and to the inexpressible Damage of the Subjects of this Realm.
"We cannot sufficiently express our Sense of the
infinite Obligations we lie under to Your Majesty, for
Your Care of the Protestant Interest Abroad, and of
the Trade of this Nation, by concluding, at so critical a Juncture, the abovementioned Defensive Alliance, highly necessary for maintaining the Balance of
Europe, as well as for preserving many valuable Rights,
Immunities, and Advantages, relating to the Trade
of Britain: And we assure Your Majesty, that we
will stand by and support Your Majesty, to the utmost
of our Power, in the Engagements you have entered
into by this Treaty, and in the Prosecution of such
further Measures as Your Majesty in Your great Wisdom shall think proper, for preventing the ill Consequences to the Trade of this Kingdom by the abovementioned Treaty of Commerce.
"We most humbly acknowledge Your Majesty's
Goodness, in not suffering Yourself to be diverted,
through any Suggestions or Insinuations whatsoever,
from a Work so necessary to the Welfare of Your
British Subjects.
"They must have the meanest Thoughts of this Nation, who can imagine us capable of tamely suffering
any Insult or Indignity to be offered to Your Majesty
on account of Your Majesty's Firmness in maintaining the true Interest and Happiness of Your People:
But Justice, Gratitude, and Honour, fill our Hearts
with very different Sentiments; and make it our indispensable Duty to assure Your Majesty, upon this
Occasion, That if Your Majesty shall be at any Time
insulted or attacked, by any Prince or State whatsoever, in any Part of Your Majesty's Dominions or
Territories not belonging to the Crown of Great
Britain, in Resentment of such Measures as Your
Majesty has taken for preserving and maintaining the
Trade and Safety of this Kingdom, and of Your Majesty's having entered into the said Defensive Alliance
for that Purpose; we are fully determined, in Vindication of Your Majesty's Honour, to exert ourselves to the utmost, in defending and protecting such
Dominions from any such Insults and Attacks."
Then, it being proposed, "That this be the Address
to be presented to His Majesty:"
The same was objected to.
And the Question being put, "Whether this shall
be the Address to be presented to His Majesty?"
It was Resolved in the Affirmative.
Ordered, That the said Address be presented to
His Majesty by the whole House.
Lords to know when His Majesty will be attended.
Ordered, That the Lords with White Staves do
wait on His Majesty, humbly to know what Time His
Majesty will please to appoint to be attended by this
House, with the said Address.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 18o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Lincoln.
Epus. Bangor.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Greenwich.
March. Tweeddale.
Comes Scarsdale.
Comes Clarendon.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Stair.
Comes Uxbridge.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Compton.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Ducie. |
PRAYERS.
Ward and Fenn versus Johnson and Collier.
The Answer of Margaret Johnson Widow, Arthur
Collier and Margaret his Wife, to the Appeal of John
Ward and Henry Fenn Esquires; was this Day brought
in.
Berry versus Hunt.
The House being moved, "That the Hearing the
Cause wherein William Berry Esquire is Appellant,
and Edward Hunt Esquire is Respondent, which
stands appointed for Monday next, may be put off for
a Month:"
And thereupon the Agents on both Sides were called
in; and severally declaring they desired the same:
It is Ordered, That the Hearing the said Cause be
adjourned to Monday the One and Twentieth Day of
March next.
L. Willough by Broke, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for ascertaining several Messuages and Lands in the
County of Gloucester, purchased by Sir Grevill Verney; and for the effectual Partition of the Manor of
Tudrington and Itchington, in the said County."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Dux Kingston, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Greenwich.
March. Tweeddale.
Comes Scarsdale.
Comes Clarendon.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Stair.
Comes Uxbridge.
Vis. Say & Seale.
Vis. Lonsdale.
Vis. Falmouth.
Vis. Harcourt.
Vis. Torrington. |
Epus. Dunelm.
Epus. Roffen.
Epus. Lincoln.
Epus. Bangor.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Landavens. |
Ds. Compton.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Ducie. |
Their Lordships, or any Five of them; to meet
on Saturday the Fifth Day of March next, at
Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to adjourn as they please.
Wynne versus Wynne.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Maurice Wynne
Esquire is Appellant, and Richard Wynne Gentleman
is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Ninth
Day of March next, at Eleven a Clock.
Helbutt versus Philpott and Hodges.
The House being also moved, "That a Day may be
appointed for hearing the Cause wherein Isaac Helbutt is Appellant, and Nicholas Philpott Esquire and
John Hodges are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Eleventh
Day of March next, at Eleven a Clock.
Ransford, Leave for a Bill.
After reading, and considering, the Report of the Judges
to whom the Petition of Edward Ransford Esquire and
Margaret his Wife, on Behalf of themselves and Children, was referred; praying Leave to bring in a Bill,
for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable the Trustees of Edward Ransford Esquire
to make Leases of certain Messuages, Houses, and
Plots of Ground, in and near the City of Dublin."
Babnell Common Fields, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for enclosing several Common Fields, in the Parish of
Bubnell, alias Bobenhull, in the County of Warwick."
Ordered, That the said Bill be committed to the
Consideration of the same Lords Committees to whom
the Lord Willoughby de Broke's Bill stands committed:
Their Lordships, or any Five of them; to meet on
Tuesday next, at Ten a Clock in the Forenoon,
in the same Place; and to adjourn as they please.
Reynell's Pet. to be restored to the Office of Reading Clerk.
Upon reading the Petition of Charles Reynell, styling
himself, "late Reading Clerk in this most Honourable
House;" setting forth (amongst other Things), "That
there had been an Agreement between him and Mr.
Cowper, Clerk of the Parliaments, touching the Petitioner's Surrender of the said Office of Reading
Clerk, which Mr. Cowper refused to give Security to
perform; and that he had appointed one Mr. Wheake,
a mere Stranger, to the said Office, who hath never
since acted or appeared therein;" and praying, "That
the Petitioner may be restored to the Service of this
House, instead of the said Wheake; or that the Terms
stipulated or proposed, for the Petitioner's Quittal or
Surrender, may be made good to him:"
It is Ordered, That the said Petition be, and is
hereby, referred to the Consideration of the Lords
Committees for Privileges; and that Mr. William Mowbray do attend the said Committee.
Ward and Fenn versus Johnson & al.
The House being moved, "That a Day may be appointed for hearing the Cause wherein John Ward
and Henry Fenn Esquires are Appellants, and Margaret Johnson Widow, Arthur Collier and Margaret his
Wife, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Fourteenth Day of March next, at Eleven a Clock.
Alrewas Hay Chace, to dischace, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for dischaceing and disfranchising the Chace of Alrewas
Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose
a Part of such Chace; and for other Purposes in the
said Act mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees before named:
Their Lordships, or any Five of them; to meet
also on Tuesday next, at the same Place; and to
adjourn as they please.
His Majesty to be attended with the Address.
The Lord Chamberlain acquainted the House, "That
the Lords with White Staves (according to Order)
had waited on His Majesty, humbly to know what
Time His Majesty would please to appoint, to be attended by this House with their Address; and that
His Majesty was pleased to appoint this Afternoon,
at Two a Clock, at His Palace of St. James's."
Brown & al. versus Gibbins.
Whereas this Day was appointed, for hearing the
Cause wherein Henry Browne and others are Appellants,
and Richard Gibbins is Respondent:
It is Ordered, That the Hearing the said Cause be
adjourned to Monday next, at Eleven a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum primum diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.