January 1729
Anno 3o Georgii Secundi.
DIE Martis, 13o Januarii, 1729.
DIE Martis, 13o Januarii, 1729, Annoque Regni
Serenissimi Domini Georgii Secundi, Dei Gratia,
Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei
Defensoris, &c. Tertio, in quem Diem hæc Tertia Sessio Parliamenti, per separales Prorogationes, continuata
fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ
apud Westmonaster. convenere, Domini tam Spirituales
quam Temporales, quorum Nomina subscribuntur, &
præsentes fuerunt:
REX.
Fredericus Princeps Walliæ.
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Cicestriens.
Epus. Exon.
Epus. Asaphens.
Epus. Bangor. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Thanct.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Berkeley.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Grantham.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Wilmington.
Ds. Hobart.
Ds. Harrington. |
PRAYERS.
Lords take their Seats.
This Day the Lords following sat first in Parliament;
(videlicet,)
Peregrine Duke of Leeds, after the Death of his Father Peregrine Duke of Leeds:
Wriothesly Duke of Bedford, after the Death of his
Father Wriothesly Duke of Bedford:
William Duke of Devonshire, after the Death of his
Father William Duke of Devonshire:
Sackvill Earl of Thanet, after the Death of his Uncle
Thomas Earl of Thanet:
Charles Earl of Sunderland, after the Death of his
Brother Robert Earl of Sunderland:
Nevil Lord Lovelace, after the Death of his Father
John Lord Lovelace:
And Francis Lord Guilford, after the Death of his
Father Francis Lord Guilford:
Their Lordships having, at the Table, taken the
Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath
of Abjuration, pursuant to the Statutes.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on His Royal Throne,
adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales,
in His Robes, sitting in his Place on His Majesty's Right
Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the
Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker;
His Majesty spake as follows:
His Majesty's Speech.
My Lords, and Gentlemen,
"It is with great Satisfaction I acquaint you, that we
have at length extricated ourselves from the many
Difficulties and Inconveniencies that attended the uncertain State of Affairs in Europe, by having concluded an absolute Peace with the Crown of Spain.
"This Negotiation has been carried on and finished
with a perfect Union, Harmony, and Fidelity, between Me and My Allies, with no other View but to
prevent the Miseries and Confusion of a War; which
if once kindled in Europe, it had been as hard to know
the End, as to determine the Success, of such a fatal
Event.
"As this Alliance is built upon the Foundation, and
is agreeable to the Purport and Intentions, of former
Treaties, without any Alterations in the principal
Articles, but such as tend to render more effectual
what the Contracting Powers in the Quadruple Alliance were before engaged to see performed; it is
very justly to be presumed, that, from this happy Beginning, the great Work of a general Pacification
will soon be perfect and complete.
"But if, contrary to Expectation, and in Resentment of the present Engagements, any new Troubles,
although with little Prospect of Success, should be
raised in Europe, to oppose or disappoint the Execution of them; I am consident, I shall not want the
Support and Assistance of My Parliament in so just a
Cause, which hath the joint Concurrence of so many
considerable Powers, for the Honour and Credit of
the present Measures, and their united Strength, in
Maintenance of our mutual Stipulations.
"In the mean Time, I can affure you, that I have
made it My first Care to consult the immediate Interests of these My Kingdoms, preferable to any
other Consideration, and at the Hazard of all other
Events.
"All former Treaties and Conventions made with
Spain, in Favour of our Trade and Navigation, are
renewed and consirmed. Not only a free and uninterrupted Exercise of our Commerce for the future
is restored, but just and ample Restitution and Reparation for unlawful Seizures and Depredations are
expressly stipulated and agreed to In general, all
Rights, Privileges, and Possessions, in any Manner
belonging to Me and My Allies, are solemnly reestablished, confirmed, and guarantied; and not one
Concession is made to the Prejudice of Me or My
Subjects.
"By this Means a Foundation is laid for removing all
former Animosities and Misunderstandings between
the Kingdoms of Great Britain and Spain; and it is
not at all to be doubted, but that, by a faithful Execution of our reciprocal Engagements, a perfect
Friendship betwixt the Two Nations, united by the
common Ties of mutual Interest, may be more strongly
established and cemented than ever.
"And, that My Subjects might reap the earliest
Fruits of this advantageous Peace, I gave Orders for
the immediate Reduction of a great Number of My
Land Forces, and for laying up and discharging a
great Part of My Fleet.
"Gentlemen of the House of Commons,
"This will make a considerable Saving in the Expence of the current Year; and I hope it will give a
general Satisfaction to My People, as it is a most sensible Pleasure to Me The proper Estimates shall be
laid before you; and I make no Doubt but you will
grant Me the necessary Supplies, and enable Me to
make good My Engagements with My Allies, in such
Manner as shall be most effectual for the public Service, and most easy to your Fellow Subjects.
"You will see, by the Accompts that will be laid
before you, the State, Produce, and Application, of
the Sinking Fund, as far as has been hitherto directed
by Act of Parliament; and you will not fail to take
into your Consideration the further Disposition of the
growing Produce. You are the best Judges, whether
the Circumstances of the Sinking Fund, and of the
National Debt, will as yet admit of giving any Ease
where the Duties are most grievous. I have the
greatest Regard for the Sinking Fund; and I look
with Compassion upon the Hardships of the poor
Artificers and Manufacturers. I leave it to your Determination, what may reasonably, and with due Caution, be done upon this critical Consideration.
"My Lords, and Gentlemen,
"That we may receive the natural Advantages of
our present Situation, I must, in the strongest Manner, recommend to you a perfect Unanimity among
yourselves; such as may entirely defeat the Hopes of
our Enemies, both at Home and Abroad. The groundless Insinuations, Cavils, and Clamours, of some few
ill-designing Persons, to shake the Steadiness of those
Powers who are already My Allies, or to hinder
others from becoming so, will, by your Unanimity, be
rendered ineffectual; and I desire that the Affections
of My People may be the Strength of My Government, as their Interest has always been the Rule of
My Actions and the Object of My Wishes."
His Majesty's Speech being ended; He was pleased
to retire into the Prince's Lodgings; and the Commons
returned to their House.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Poor's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
preventing the Poor's being desrauded."
E. Ker introduced:
Robert Ker Esquire, commonly called Marquis
Bowmont, being, by Letters Patent, dat. 24o Maii,
Anno Octavo Georgii 1mi Regis, created Baron Ker, of
Wakefield, in the County of York, and Earl Ker, was,
in his Robes, introduced, between the Earl of Thanet
and the Earl of Burlington also in their Robes; the
Gentleman Usher of the Black Rod, Garter King of
Arms, the Deputy Earl Marshal, and the Lord Great
Chamberlain of England, preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who gave it to
the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
Georgius Secundus, Dei Gratia, Magn. Britann.,
Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Rob'to Comiti Ker, Salutem.
Cum nuper, de Avisamento & Assensu Concilii Nostri,
pro quibusdam arduis & urgentibus Negotiis, Nos,
Statum & Defensionem Regni Nostri Magn. Britann.
& Ecclesiæ concernentibus, præsens Parliamentum
Nostrum, apud Civitatem Nostram Westm. Vicesimo
Octavo Die Novembris, Anno Regni Nostri Primo,
teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium
habere & Tractatum; quod quidem Parliamentum
Nostrum abinde, per separales Prorogationes &
Adjournationes, usque ad & in Decimum Tertium
diem Januarii jam prox. sequent. prorogatum &
adjournatum fuerat, apud Civitatem Nostram præd.
ibidem tunc tenendum & prosequendum; vobis, sub
Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante
Excusatione quacunque, dictis Die & Loco, ad
dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem
Nostrum, ac Salvationem & Defensionem Regni &
Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Teste Meipso, apud Westm. Duodecimo Die Decembris, Anno Regni Nostri Tertio.
"Bisse & Bray."
Then his Lordship, having, at the Table, taken the
Oaths, and made and subscribed the Declaration, and
also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the
Earls Bench.
L. Harrington introduced:
Next, the Right Honourable William Stanhope Esquire, being, by Letters Patent, dat. 6o Die Januarii,
Anno 3o Georgii 2di Regis, created Lord Harrington,
was, in like Manner, in his Robes, introduced, between
the Lord Delawarr and the Lord Walpole (also in their
Robes).
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it
to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"Georgius Secundus, Dei Gratia, Magn. Britann.
Franciæ, & Hib'niæ Rex, Fidei Defensor, &c.
Prædilecto & Fideli Consiliario Nostro Will'o Stanhope,
Ch'r, Salutem. Cum nuper, de Avisamento & Assensu
Concilii Nostri, pro quibusdam arduis & urgentibus
Negotiis, Nos, Statum & Desensionem Regni Nostri
Magnæ Britanniæ & Ecclesiæ concernentibus, præsens
Parliamentum Nostrum, apud Civitatem Nostram
Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; & ibidem,
cum Prælatis, Magnatibus, & Proceribus dicti Regni
Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes & Adjournationes, usque ad & in Decimum
Tertium Diem instantis Januarii jam prox. scquen.
prorogatum & adjournatum fuerat, apud Civitatem
Nostram præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis
imminentibus, cessante Excusatione quacunque, dictis
Die & Loco, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus prædict. super dictis Negotiis
tractatur. vestrumque Consilium impensur.; & hoc
sicut Nos & Honorem Nostrum, ac Salvationem &
Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus
omittatis.
Teste Meipso, apud Westm. Septimo Die Januarii, Anno Regni Nostri Tertio.
"Bisse & Bray."
Then his Lordship 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; and was afterwards placed on the
lower End of the Barons Bench.
King's Speech reported.
The Lord Chancellor reported His Majesty's Speech;
And the same being read by the Clerk:
Treaty of Seville delivered.
The Duke of Newcastle (by His Majesty's Command)
presented to the House "A Copy of the Treaty of Peace,
Friendship, and mutual Defence, between His Majesty, the Most Christian King, and the King of Spain,
concluded at Seville, the Ninth of November N. S.
1729, with the separate Articles thereunto belonging;"
together with Translations of the same.
And the Titles thereof were read, by the Clerk.
Order for an Address on His Majesty's Speech.
Ordered, That an humble Address be presented
to His Majesty, "To return the Thanks of this House
to His Majesty, for His most Gracious Speech from
the Throne; and to congratulate His safe Arrival in
this Kingdom; and to express our Sense of the prudent and happy Administration of the Queen, during
His Majesty's Absence: To congratulate His Majesty,
upon His having concluded an absolute Peace with
the Crown of Spain; and to express the great Satisfaction of this House, in the perfect Union between
His Majesty and His Allies; and in His Majesty's
prudent Care to prevent our being engaged in a War:
To declare, an Alliance built upon the Foundation of
former Treaties, and rendering more effectual the
Engagements we were under, and the confirming all
former Conventions with Spain in Favour of our
Trade, and the stipulating a just and ample Restitution and Reparation for unlawful Seizures and Depredations, and in general the Re-establishment and
Guaranty of all Rights, Privileges, and Possessions,
belonging to His Majesty or His Allies, without any
Concession being made to the Prejudice of His Majesty or His Subjects, are Conditions agreeable to
our Interest: To assure His Majesty, that we will support and assist Him, if any new Troubles should arise
in Europe, in Resentment of the present Engagements,
in which His Majesty's First Care has been, to consult
the immediate Interest of these His Kingdoms, preferable to all other Considerations, and at the Hazard
of all other Events: To acknowledge His Majesty's
great Goodness, in reducing a great Number of the
Land Forces, and laying up a great Part of the Fleet:
To assure His Majesty of our Desire to proceed with
Unanimity among ourselves; and to express our Resentment of the groundless Insinuations of ill-designing
Persons, and the Sense we have of our Happiness under His Majesty's Government."
And the Lords following were appointed a Committee,
to prepare an Address, pursuant thereunto; and to
report to the House; (videlicet,)
|
Dux Newcastle.
Dux Greenwich.
Comes Scarbrough.
Comes Findlater.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Bingley.
Ds. Onslow. |
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.
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 Lord Viscount Falmouth reported from the
said Committee, "That they had prepared an Address,
pursuant to the Order aforementioned."
Which, being read by the Clerk, was agreed to by
the House; and is as follows:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament
assembled, do beg Leave to return the humble
Thanks of this House, for Your Majesty's most Gracious Speech from the Throne.
We humbly congratulate Your Majesty upon Your
safe and happy Arrival in this Kingdom; and are
deeply sensible that nothing could, in any Degree,
alleviate the Loss we must ever suffer by Your Majesty's Absence from us, but the prudent and happy
Administration of the Government by the Queen, in
the most critical Conjuncture of Affairs, under Your
Majesty's Authority, and by Your great Example.
"We want Words to express our Joy and Gratitude,
in congratulating Your Majesty on Your having concluded an absolute Peace with the Crown of Spain:
And when we respect upon the tender and anxious
Concern Your Majesty has shewn during the whole
Course of the late uncertain State of Affairs in Europe,
we cannot but look upon this happy Event as a public Reward from Heaven, for Your Majesty's Love of
Your People.
The earnest Desire of Your Majesty to prevent the
Miseries and Confusion unavoidable in War (the
Events of which are far removed from all human
Foresight, even under the Conduct of the greatest
Princes); and, at the same Time, Your Steadiness
and Resolution in continuing the necessary Preparations, joined with a perfect Union and mutual Fidelity between Your Majesty and Your Allies, have at
last surmounted all Difficulties that stood in the Way
of our Happiness.
"An Alliance built upon the Foundation of former
Treaties, and rendering more effectual what the Contracting Powers in the Quadruple Alliance were before obliged to perform, the confirming all former
Conventions made with Spain in Favour of our Trade,
the stipulating a just and ample Restitution and Reparation for unlawful Seizures and Depredations,
and in general the Re-establishment and Guaranty
of all Rights, Privileges, and Possessions, in any
Manner belonging to Your Majesty or Your Allies,
without any Concession being made to the Prejudice
of Your Majesty or Your Subjects, are Conditions
entirely agreeable to the true Interest of Great Britain, equal even to those we might have expected after
a prosperous War, as the Fruits of Victories, if Your
Majesty's unwearied Labours for Peace had been unsuccessful.
"We have the greatest Reason to believe, that a general Pacification will be the Consequence of this
happy Beginning; for Your Majesty having no Ambition but to defend the Honour and Rights of this
Nation, to see our Trade flourish, and to reign over
a happy and willing People, is ever averse to War;
and, on the other Side, so just a Cause, supported
by the united Strength of so many considerable Allies, joined in Interest for the Tranquillity of Europe;
will incline other Powers to Peace. This, we hope,
will produce an universal Approbation of the present
Engagements. But, as Your Majesty's First Care has
been, to consult the immediate Interests of these Your
Kingdoms, preferable to any other Considerations,
and at the Hazard of all other Events; if, contrary
to Expectation, and in Resentment of these Measures,
any new Troubles should be raised in Europe, to oppose or disappoint the Execution of them, the same
Justice, Gratitude, and Honour, which have hitherto
influenced us, must make us exert ourselves to the
utmost to support and assist Your Majesty.
"Your Majesty, by the immediate Reduction of a
great Number of Your Land Forces, and the laying
up a great Part of the Fleet, has shewed how unwilling You were to suffer any Time to intervene, between the Conclusion of the Peace, and letting Your
Subjects see the happy Effects of it. This lays the
strongest Obligation upon us to place the greater
Trust and Confidence in Your Majesty, when we find,
by Experience, that our Military Preparations are
made only when the public Necessities call upon
Your Majesty to desend Your Kingdoms, and are
laid aside the very Instant that our Safety will admit
of it.
"The Unanimity among ourselves, which Your Majesty is graciously pleased to recommend to us, is
one of the least Returns we ought to make for these
Blessings procured for us. Your Majesty has completed the Wishes of all Your good Subjects, and
the Despair of the bad: You have obviated all the
groundless Cavils and Clamours which even Malice
itself could invent; so that the Insinuations of any
inconsiderable Remnant of Faction which may be yet
in being will have as little Appearance of Veracity
Abroad, as of Duty, Loyalty, or Love of their Country, at Home; and will serve only to excite us all
to act with the greatest Zeal and Harmony, so as to
make Your Government as easy and happy for Your
Majesty as it is for Us."
Ordered, That the said Address be presented to
His Majesty by the whole House.
Ordered, That the Lords with White Staves do
wait on His Majesty, humbly to know what Time His
Majesty will be pleased to appoint to be attended with
the said Address.
Treaty to be considered.
Ordered, That, on this Day Sevennight, this House
will take into Consideration the Treaty, and Separate
Articles thereto belonging, laid before their Lordships
this Day by His Majesty's Command; and the Lords to
be summoned.
Committee Privileges.
Lords Committees appointed to consider of the Orders
and Customs of the House, and the Privileges of
Parliament, and of the Peers of Great Britain and
Lords of Parliament.
|
Ld. Chancellor.
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
D. St. Albans.
D. Leeds.
D. Bedford.
D. Devonshire.
D. Rutland.
D. Montagu.
D. Montrose.
D. Kent.
Ld. Great Chamberlain.
D. Newcastle.
D. Greenwich.
D. Manchester.
D. Bridgewater.
E. Leicester.
E. Northampton.
E. Warwick.
E. Peterborow.
E. Thanet.
E. Sunderland.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Anglesey.
E. Burlington.
E. Berkeley.
E. Abingdon.
E. Scarbrough.
E. Warrington.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Grantham.
E. Cholmondeley.
E. Rothes.
E. Buchan.
E. Loudoun.
E. Findlater.
E. Selkirk.
E. Dunmore.
E. Orkney.
E. Marchmont.
E. Stair.
E. Deloraine.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Bristol.
E. Halifax.
E. Sussex.
E. Macclesfield.
E. Pomfret.
E. Graham.
E. Ker.
L. V. Say & Seale.
L. V. Townshend.
L. V. St. John.
L. V. Cobham.
L. V. Falmouth.
L. V. Torrington. |
L. Abp. York.
L. Bp. London.
L. B. Durham.
L. B. Winton.
L. B. Oxon.
L. B. Sarum.
L. B. Lich. & Cov.
L. B. Ely.
L. B. Lincoln.
L. B. Gloucester.
L. B. Norwich.
L. B. Carlisle.
L. B. Chichester.
L. B. Exeter.
L. B. St. Asaph.
L. B. Bangor. |
Ld. Delawarr.
L. Fitzwalter.
L. Willoughby Br.
L. Howard Eff.
L. Hunsdon.
L. Lovelace.
L. Maynard.
L. Bruce.
L. Byron.
L. Cornwallis.
L. Lynne.
L. Guilford.
L. Weston.
L. Haversham.
L. Gower.
L. Boyle.
L. Montjoy.
L. Masham.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Walpole.
L. Wilmington.
L. Hobart.
L. Harrington. |
Their Lordships, or any Seven of them; to meet
on Monday next, at Ten a Clock in the Forenoon, in the House of Peers, and every Monday
after; and to adjourn from Time to Time as they
please.
Sub Committee, Journal.
Lords Sub-committees appointed to consider of the
Orders and Customs of the House, and Privileges
of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of
this and the last Session of Parliament.
|
Ld. Privy Seal.
D. Montagu.
D. Kent.
D. Greenwich.
D. Bridgewater.
E. Warwick.
E. Anglesey.
E. Abingdon.
E. Scarbrough.
E. Warrington.
E. Coventry.
E. Findlater.
E. Ilay.
E. Oxford.
E. Strafford.
E. Bristol.
E. Sussex.
E. Macclesfield.
E. Pomfret.
E. Ker.
L. V. Say & Seale.
L. V. Cobham.
L. V. Falmouth. |
L. Bp. London.
L. B. Winchester.
L. B. Oxford.
L. B. Gloucester.
L. B. Norwich.
L. B. Carlisle.
L. B. Chichester.
L. B. Bangor. |
Ld. Delawarr.
L. Fitzwalter.
L. Willoughby Br.
L. Hunsdon.
L. Cornwallis.
L. Lynne.
L. Haversham.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Wilmington. |
Their Lordships, or any Three of them; to
meet when, where, and as often as, they
please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, "That there is such an
Interruption, by Hackney Coaches, Carts, and
Drays, in King's-street, and the Passages to The Old
Palace Yard in Westminster, that the Lords and
others are frequently hindered from coming to this
House, to the great Inconveniency of the Members of
both Houses:"
It is thereupon Ordered, by the Lords Spiritual
and Temporal in Parliament assembled, That the High
Steward of the City of Westminster, or his Deputy,
together with the Justices of the Peace for the said
City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take
special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The
Old Palace Yard in Westminster, from Eleven of the
Clock in the Forenoon until Five of the Clock in the
Afternoon of the same Day, during the Sitting of this
Parliament; and that no Carriages, Drays, or Carts,
be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting
of this Parliament; and herein special Care is to be
taken, by the said Deputy Steward, Justices of the
Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this
House: And it is further Ordered, That the High
Bailiff of the City of Westminster, and the Justices of
the Peace for the City and Liberty thereof, or some
of them, residing in Westminster, be served with the
Order of this House, made this Day, for the Purposes
aforesaid.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 14o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Sarum.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Cicestriens.
Epus. Asaphens.
Epus. Bangor.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Anglesey.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Aylesford.
Comes Pomfret.
Viscount Say & Seale.
Viscount St. John. |
Ds. Bruce.
Ds. Montjoy.
Ds. Foley.
Ds. Bingley. |
PRAYERS.
Arcedeckne versus Horan.
The Answer of James Horan Gentleman, to the Appeal of Mathias Arcedeckne and his Wife, was brought
in.
His Majesty to be attended with Address.
The Lord Steward acquainted the House, "That the
Lords with White Staves (according to Order) had
waited on His Majesty, humbly to know what Time
He would be pleased to appoint to be attended, with
the Address of this House Yesterday; and that His
Majesty had been pleased to appoint this Day, at
Two a Clock, at His Palace of St. James's.
Bp Landaff takes the Oaths.
This Day John Lord Bishop of Landaffe 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.
Foord versus Foord & al.
Upon reading the Petition and Appeal of William
Foord; complaining of a Decree of the Court of Exchequer in Ireland, of the Twenty-seventh of May
1728, made in a Cause wherein the Appellant was
Plaintiff, and Ellen Foord, an Infant under the Age of
Twenty-one Years, by William Jolly her Guardian, and
others, were Defendants; and praying, "That the
same may be reversed:"
It is Ordered, That the said Defendants may have
a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers
thereunto, in Writing, on or before Wednesday the
Eighteenth Day of February next; and that Service of
this Order upon the Respondents Attorney in the said
Court of Exchequer in Ireland be deemed good Service.
Sir C. Musgrave versus Brisco & al.
Upon reading the Petition and Appeal of Sir Christopher Musgrave Baronet; complaining of Two Decrees
of the Court of Exchequer, of the First of May and
Twenty-seventh of November last, made in a Cause
wherein the Appellant was Plaintiff, and John Brisco
Esquire, Richard Ward and Dorothy his Wife, were
Defendants; and praying, "That the same may be reversed, and that the Appellant may have his Bond,
given for Payment of Nine Hundred Pounds and Interest, to Mrs. Lamplugh, delivered up, and be indemnified therefrom; or that the Defendant Brisco
may pay him the several Sums of Six Hundred and
Fifty Pounds, and Two Hundred and Fifty Pounds,
and Interest; and that he may have his Costs decreed
to him:"
It is Ordered, That the said John Brisco and the
said other Defendants may have a Copy of the said
Appeal; and they are hereby required to put in their
Answer or respective Answers thereunto, in Writing, on
or before Wednesday the Twenty-eighth Day of this Instant January.
E. of Aberdeen versus Callender & al.
Upon reading the Petition and Appeal of William
Earl of Aberdeen; complaining of a Decree of the
Court of Session in Scotland, of the Thirtieth of July
last, made on the Behalf of Alison Callender, James Haliburton, Henry Guild, Andrew Dunnet, and William Earl
of March; and praying, "That the same may be reversed; and that the Decree of the said Court, of
the Second of the said July, may be affirmed:"
It is Ordered, That the said Alison Callender and
the said 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
Eleventh Day of February next; and that Service of
this Order upon the Respondents Procurator, Attorney,
or Agent, in the said Court of Session in Scotland, be
deemed good Service.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum sextum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.
DIE Veneris, 16o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Hereford.
Epus. Bristol.
Epus. Bangor.
Epus. Landavens. |
Ds King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Crafton, Cameranus.
Dux Devon.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Bridgewater.
Comes Northampton.
Comes Warwick.
Comes Chesterfield.
Comes Sunderland.
Comes Yarmouth.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Comes Ker.
Viscount Townshend. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Wilmington.
Ds. Hobart.
Ds. Harrington. |
PRAYERS.
His Majesty's Answer to Address reported.
The Lord Chancellor reported, "That the House
did, on Wednesday last, attend His Majesty, with their
Address; to which His Majesty was pleased to return this most Gracious Answer; (videlicet)
"My Lords,
"I thank you for this dutiful and loyal Address:
I doubt not but My Subjects will reap great Advantage from the Treaty concluded with Spain: And a
faithful Execution of all that is stipulated in their
Favour, shall be My principal Care; to which nothing will contribute more effectually, than the strong
and affectionate Assurances you give Me of your Support and Assistance, in case any Powers should, in
Resentment of the Measures I have taken, endeavour
to raise new Troubles."
Ordered, That the Address of this House presented to His Majesty on Wednesday last, and His Majesty's most Gracious Answer thereunto, be forthwith
printed and published.
Horan versus Arcedeckne & Ux. Cross Appeal:
Upon reading the Petition and Cross Appeal of James
Horan Gentleman; complaining of a Decretal Order of
the Court of Exchequer in Ireland, of the Eleventh of
June 1724; and likewise of a Decree of the said Court,
of the Fourth of December 1727, made in a Cause
wherein Mathias Arcedeckne and Mary his Wife were
Plaintiffs, and the Appellant and others were Defendants;
and praying, "That the same may be reversed, and the
Plaintiff's Bill dismissed with Costs:"
It is Ordered, That the said Mathias Arcedeckne and
his Wife may have a Copy of the said Appeal; and
they are hereby required to put in their Answer thereunto, in Writing, on or before Friday the Twentieth
Day of February next; and that Service of this Order
on the Respondents Attorney or Attornies in the said
Court of Exchequer in Ireland be deemed good Service.
Dillon to enter into a Recognizance for Horan.
The House being moved, "That James Dillon Gentleman may be permitted to enter into a Recognizance for James Horan, on account of the said Cross
Appeal; he being in Ireland:
It is Ordered, That the said James Dillon may
enter into a Recognizance for the said Appellant, as
desired.
Gibson & al. to enclose Lands in Claughton, Leave for a Bill.
Upon reading the Petition of Robert Gibson Esquire,
Edmund Assheton, and Joseph Chorley, for themselves, and
on Behalf of the rest of the Owners and Proprietors of
the enclosed and other Lands, Tenements, and Hereditaments, within Claughton, and of the Commons,
Moors, and Waste Grounds, within the same, called
Howarth Moor, Wilkinson's Green, Staddey Green, Itch
Moss, Claughton Moor alias High Moor, and other the
Commons and Waste Grounds, within the Township of
Claughton, in the County Palatine of Lancaster; praying
Leave to bring in a Bill, for enclosing and dividing the
said Commons and Tracts of Land, according to each
Proprietor's Innhold Lands:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Sir R. Levinge versus Lady Levinge.
Upon reading the Petition and Appeal of Sir Richard
Levinge, of the Kingdom of Ireland, Baronet; complaining of an Order, or Decree, of the Court of Chancery in the said Kingdom, of the Twenty-ninth of July
1728, made in certain Causes, wherein the Appellant
was Plaintiff, and Dame Mary Levinge Defendant; et
è contra; and praying, "That the same may be reversed; and that the Appellant may have such Relief as he hath prayed by his Original Bill; and that
the said Cross Bill may be dismissed, with Costs:"
It is Ordered, That the said Dame Mary Levinge
may have a Copy of the said Appeal; and she is hereby
required to put in her Answer thereunto, in Writing,
on or before Friday the Twentieth Day of February next,
and that Service of this Order on the Respondent's Clerk
in Court be deemed good Service.
Gordon to enter into Recognizance for Sir R. Levinge.
The House being moved, "That John Gordon Gentleman may be permitted to enter into a Recognizance
for Sir Richard Levinge Baronet, on account of the
said Appeal; he being in Ireland;"
It is Ordered, That the said John Gordon may enter
into a Recognizance for the said Appellant, as desired.
Bovall to amend her Appeal.
Upon reading the Petition of Frances Bovall Widow,
surviving Executrix of Rebecca Duffay Widow, deceased, Appellant in a Cause depending in this House, to
which Peter and Joseph Theobalds are Respondents; praying Leave to amend her Appeal, in several Particulars,
without Costs, upon her amending the said Respondents
Copy; and that the Respondents may be ordered to answer the same:
It is Ordered, That the Petitioner be at Liberty to
amend her said Appeal, as desired, unless, upon Notice
given to the Respondents Agent, Cause be shewn to the
contrary on Monday next.
Consideration of the Treaty of Seville adjourned.
The House being moved, "To put off the Consideration of the Treaty of Peace between His Majesty,
the Most Christian King, and the King of Spain, lately
concluded at Seville:"
It is Ordered, That the Consideration of the said
Treaty be adjourned till Tuesday Sevennight; and the
Lords to be summoned.
E. of Jersey takes his Seat.
This Day William Earl of Jersey sat first in Parliament, after the Death of his Father Edward Earl of
Jersey; having, at the Table, first taken the Oaths, and
made and subscribed the Declaration, and also taken
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Amherst versus Lytton & al.
Upon reading the Petition and Appeal of Charles Selby
Amberst Esquire, Administrator of Dame Margaret Strode,
his late Wife, deceased; complaining of a Decree of
the Court of Chancery, of the Eighth of November last,
and the Enrolment thereof, for Dismission of the Appellant's Bill, and for decreeing the Redemption of the
Premises in Question, and the Rents and Profits thereof,
to the Respondent Robinson Lytton, made in certain
Causes, wherein the Appellant was Plaintiff, and William
Robinson Lytton Esquire and others were Defendants;
et è contra; and praying, "That the same may be reversed and set aside:"
It is Ordered, That William Robinson Lytton, Francis Mascall, and James Bedingfeild, may have a Copy of
the said Appeal; and they are hereby required to put
in their Answer or respective Answers thereunto, in
Writing, on or before Friday the Thirtieth Day of this
Instant January.
Cause-days appointed.
Ordered, That Mondays, Wednesdays, and Fridays, in
every Week, be appointed Days for hearing Causes.
Pocklington & Ux. versus Sir C. Domville.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Christopher Pocklington Esquire and Elizabeth his Wife are Appellants,
and Sir Compton Domville Baronet is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Twentysixth Day of this Instant January, at Eleven a Clock.
Pryse to enter into a Recognizance for Sir C. Musgrave.
The House being moved, "That Walter Pryse Esquire
may be permitted to enter into a Recognizance for Sir
Christopher Musgrave Baronet, on account of his Appeal; he being in the Country:"
It is Ordered, That the said Walter Pryse may enter
into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 19o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Oxon.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Carliol.
Epus. Cicestriens.
Epus. Petriburg.
Epus. Bangor.
Epus. Landavens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Montrose.
Dux Manchester.
Dux Bridgewater.
Comes Northampton.
Comes Rochford.
Comes Godolphin.
Comes Findlater.
Comes Marchmont.
Comes Strafford.
Comes Sussex.
Viscount Say & Seale.
Viscount Townshend. |
Ds. Willoughby Br.
Ds. Cornwallis.
Ds. Montjoy.
Ds. Lansdowne.
Ds. Onslow.
Ds. Cadogan. |
PRAYERS.
Mason versus Smith.
The Answer of Cuthbert Smith, One of the Respondents to the Appeal of Samuel Mason Esquire, was
brought in.
Bp. Bristol to preach 30th Instant.
Ordered, That the Lord Bishop of Bristol be, and
he is hereby, desired to preach before this House, in the
Abbey Church, Westminster, on Friday the Thirtieth
Day of this Instant January.
Claughton Commons to enclose, Bill.
The Lord Bishop of Gloucester presented to the House
(pursuant to the Order of Friday last) a Bill, intituled,
An Act to enclose divers Commons and Parcels of
Waste Grounds, lying and being in the Township of
Claughton, in the Parish of Garstang, and County Palatine of Lancaster:"
And the same was read the First Time.
Countess of Strathmore versus Marquis of Clydidale and Earl of Dundonald:
Upon reading the Petition and Appeal of Susanna
Countess of Strathmore, and Catherine Lady Garlies and
her Husband, for his Interest; complaining of an Interlocutor of the Court of Session in Scotland, of the
Twentieth of February 1727/8, and the Affirmance thereof
the Fifteenth of February 1729; made on the Behalf of
the Marquis of Clydsdale and Thomas Earl of Dundonald;
and praying, "That the same may be reversed:"
It is Ordered, That the said Marquis of Clydsdale and
the Earl of Dundonald may have a Copy of the said
Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the
Sixteenth Day of February next; and that Service of
this Order on the Respondents Attornies or Procurators,
before the said Court of Session in Scotland, be deemed
good Service.
Baird to enter into a Recognizance for the Appellants.
The House being moved, "That Mr. James Baird
may be permitted to enter into a Recognizance for
the Appellants; they living in Scotland:"
It is Ordered, That the said James Baird may enter
into a Recognizance for the said Appellants, as desired.
Done versus Weldon and Polhill.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Done
Esquire is Appellant, and Walker Weldon and David
Polhill Esquires are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Twenty-eighth Day of this Instant January, at Eleven a Clock.
Ross & al. versus Close &
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Ross,
John Gordon, and Alexander Hamilton, Gentlemen,
are Appellants, and the Revetend Samuel Close and
Catherine his Wife, Margaret and Mary Close, their
Infant Children, by their Guardian, and Hector Graham, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Second
Day of February next, at Eleven a Clock.
Mason to amend his Appeal.
A Petition of Samuel Mason Esquire, was presented to
the House, and read; setting forth, "That he preferred
his Appeal to their Lordships last Session of Parliament; and that Moses Hawkins, One of the Respondents thereunto, is since dead, having made his Will,
and appointed his Nephew Moses Hawkins and William
Dawes Executors thereof, who have duly proved the
same in the Prerogative Court of Canterbury;" and
praying, "That the Petitioner may be at Liberty to
amend his said Appeal, by making the said Executors
Respondents."
And thereupon a Certificate, under the Hand of the
Register of the said Prerogative Court, "That the said
Executors had proved the said Will," being read:
It is Ordered, That the Petitioner may amend his
Appeal, as desired; and that the said Executors do put
in their Answer thereunto on or before Monday the Second Day of February next.
L. Lansdown takes the Oaths.
This Day George Lord Lansdowne took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Theobalds Agent. Time to shew Cause.
The House being informed, "That Mr. Ambler, Agent
for Peter and Joseph Theobalds, Respondents to the
Appeal of Frances Boval Widow, attended:"
He was called in, and acquainted the House, "That
he had received Notice of their Lordships Order on
Friday last; but that, his Clients being out of Town,
he desired some further Time might be allowed, for
shewing Cause (if any) why the said Bovall's Appeal
should not be amended in the Particulars desired."
And being withdrawn:
It is Ordered, That the Agent for the said Respondents have Time allowed, to shew Cause accordingly,
till Wednesday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 21o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Winton.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bristol.
Epus. Petriburg.
Epus. Asaphens.
Epus. Landav. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Devon.
Dux Rutland.
Dux Kent.
Dux Manchester.
Dux Chandos.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Chesterfield.
Comes Thanet.
Comes Abingdon.
Comes Rochford.
Comes Jersey.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Marchmont.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Macclesfield.
Viscount Townshend. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Wilmington.
Ds. Hobart.
Ds. Harrington. |
PRAYERS.
Eyre versus Daly.
The Answer of Laughlin Daly Gentleman, to the
Appeal of John Eyre Esquire, was brought in.
Hopkins & Ux. versus Honywood.
Upon reading the Petition and Appeal of Bertie
Hopkins Gentleman and Margaret his Wife; complaining
of Part of an Order of the Court of Chancery, of the
Seventh of December 1728, as directs certain Issues to
be tried, made in a Cause wherein the Appellants were
Plaintiffs, and Isaac Honywood Esquire, by Bill of Revivor, was Defendant; and praying, "That the same
may be reversed, and the Defendant's Exceptions
overruled:"
It is Ordered, That the said Isaac Honywood may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Fourth Day of February next.
Abp. Armagh and Whaley against The King.
The Lord Chief Justice, in the usual Manner, brought
up a Writ of Error; wherein,
Hugh Lord Archbishop of Ardmagh and Nathaniel
Whaley Clerk are Plaintiffs, and the King is Defendant.
Pocklington versus Sir C. Domville.
A Petition of John Ellis, Agent for Sir Compton Domville Baronet, Respondent to the Appeal of Christopher
Pocklington Esquire and his Wife, was presented to the
House, and read; praying, "In regard certain Deeds,
absolutely necessary to be made Use of at the Hearing, are not yet brought from Ireland, that the same
may be put off for Three Weeks."
And thereupon Mr. Saunderson, the Appellant's Agent,
being called in, acquainted their Lordships, "He did not
oppose the Prayer of the Petition."
And being withdrawn:
It is Ordered, That the Hearing the said Appeal
be put off till Monday the Sixteenth Day of February
next.
Calloway and Minnet peremptorily to answer Ward's Appeal.
The House being informed, "That William Calloway
and George Minnet, who, by Order of the Eighth of
May last, were required to put in their Answer to the
Appeal of Thomas Ward and others on or before the
Two and Twentieth of the same Month, had neglected
so to do, though duly served with the said Order for
that Purpose:"
And thereupon James Overall was called in, and
examined, upon Oath, at the Bar, touching the said
Service.
And being withdrawn:
It is Ordered, That the said William Calloway and
George Minnet do peremptorily put in their Answer or
respective Answers to the said Appeal in a Week.
Moodie versus Stewart.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth
Moodie is Appellant, and John Stewart Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Fourth
Day of February next, at Eleven a Clock.
Magistrates of Perth versus Presbytery of Perth.
The like Motion and Order for hearing the Cause
wherein the Magistrates and Town Council of Perth
for themselves, and in Behalf of the Community of the
said Borough, are Appellants, and the Presbytery of Perth
are Respondents, on Friday the Sixth Day of February
next.
Smollet & al. versus Buntin & al.
The like Motion and Order for hearing the Cause
wherein George Smollet Provost of the Borough of Dumbarton, and others, are Appellants, and William Buntin
and others are Respondents, on Monday the Ninth Day
of February next.
D. of Douglas versus L. Strathnaver.
The like Motion and Order for hearing the Cause
wherein Archibald Duke of Douglas is Appellant, and
William Lord Strathnaver Respondent, on Wednesday the
Eighteenth Day of February next.
Accounts of prohibited East India Goods and Naval Stores delivered.
The House being informed, "That some of the
Commissioners of the Customs attended."
They were called in; and delivered, at the Bar, pursuant to some late Acts of Parliament, several Papers, intituled as follow:
The Return of the Commissioners of the Customs,
to the Right Honourable the Lords Spiritual
and Temporal; with the Accounts of the prohibited East India Goods and Naval Stores imported from Russia, from Michaelmas 1728 to
Michaelmas 1729.
"No 1. An Account of the Prohibited East India
Goods remaining in the Warehouses at St. Hellens, at
Michaelmas 1728; with what has been brought in
since that Time, what exported, as also what remained at Michaelmas 1729."
"No 2. An Account of prohibited East India Goods
remaining in the Warehouses at Leadenhall, at Michaelmas 1728; with what has been brought in since
that Time, what exported, as also what remained at
Michaelmas 1729."
"No 3. An Account of the prohibited East India
Goods remaining in His Majesty's Warehouse at the
Port of London, at Michaelmas 1728, with what has
been brought in since that Time, what exported, as
also what remained at Michaelmas 1729."
"No 4. An Account of the prohibited East India
Goods remaining in the respective Warehouses in the
Out-ports at Michaelmas 1728; with what has been
brought in since that Time, what exported, as also
what remained at Michaelmas 1729."
"No 5. An Account of Naval Stores imported from
Russia into the Port of London, from Michaelmas 1728
to Michaelmas 1729."
"No 6. An Account of Naval Stores imported from
Russia into the Ports commonly called The Out Ports,
from Michaelmas 1728 to Michaelmas 1729."
And then the said Commissioners withdrew.
And the Titles of the said Papers were read, by the
Clerk.
Bovall to amend her Appeal.
This Day being appointed, for the Agent of the Respondents to the Appeal of Frances Bovall Widow to
shew Cause, if any, why the said Appeal should not be
amended, pursuant to the Appellant's Petition the Sixteenth Instant:
The House was informed, "That the said Agent did
Consent that the same might be amended accordingly."
It is thereupon Ordered, That the said Appellant
be at Liberty to amend her said Appeal, as desired.
Pet. to revive Campbell's Appeal.
A Petition of Alexander Hamilton, Agent for John
Campbell Esquire, was presented to the House, and
read; praying, "In regard the said Campbell is dead,
that the Petitioner may be at Liberty to revive the
said Appeal, and amend the same, by making Elizabeth the Widow Appellant; and that the Respondent
John Aikenhead, who had formerly answered, may be
ordered to put in his Answer in such Time as to their
Lordships shall seem meet:"
Revival of Appeals, Precedents.
It is Ordered, That the said Petition do lie on the
Table till the next Sitting of this House; and that the
Clerk do, in the mean Time, search Precedents, as to
the Revival of Appeals.
Bindon versus Ryves and Doyle.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein David Bindon Merchant is Appellant, and William Ryves and
William Doyle are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant
Day for Causes after those already appointed.
Standing Orders to be read.
Ordered, That the Roll of Standing Orders of
this House be read on Friday next; and the Lords to be
summoned, with Notice of the Occasion.
Claughton Commons to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enclose divers Commons and Parcels of Waste
Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine
of Lancaster."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. Privy Seal.
D. Devonshire.
D. Kent.
D. Manchester.
D. Chandos.
E. Warwick.
E. Westmorland.
E. Chesterfield.
E. Thanet.
E. Abingdon.
E. Loudoun.
E. Findlater.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Aylesford.
E. Macclesfield.
L. V. Townshend. |
L. Bp. Durham.
L. B. Winton.
L. B. Litch. & Cov.
L. B. Gloucester.
L. B. Norwich.
L. B. Bristol.
L. B. Peterborough.
L. B. Landaff. |
Ld. Delawarr.
L. Willoughby Br.
L. Hunsdon.
L. Cornwallis.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Wilmington.
L. Hobart.
L. Harrington. |
Their Lordships, or any Five of them; to meet on
this Day Sevennight, at Ten a Clock in the
Forenoon, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
L. Kingston versus Badham.
The House being informed, "That Brettridge Badham Esquire, Respondent to the Appeal of James
Lord Baron of Kingston in the Kingdom of Ireland,
had not put in his Answer thereunto, though duly
served with the Order for that Purpose:"
And thereupon Richard Laby was called in; and examined, upon Oath, at the Bar, touching the said Service.
Further Application to be made.
It is Ordered, That he be at Liberty to apply again
to this House, in relation to this Matter, at their Lordships next Sitting.
Robinson & Ux. versus Mercer & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Robinson Gentleman and his Wife are Appellants, and
Grace Mercer Widow, and others, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant
Day for Causes after those already appointed.
Brown versus Daly and L. Athunry.
The like Motion and Order for hearing the Cause
wherein Issidor Brown Gentleman is Appellant, and
Francis Lord Baron of Athunry in the Kingdom of Ireland and Dennis Daly Esquire are Respondents, on
the next vacant Day for Causes after those already
appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 23o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Hereford.
Epus. Cicestriens.
Epus. Landavens. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Montagu.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Falmouth.
Viscount Torrington. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Weston.
Ds. Haversham.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Wilmington.
Ds. Monson.
Ds. Harrington. |
PRAYERS.
Mason versus Hawkins.
The joint and several Answers of Moses Hawkins and
William Dawes, Executors of Moses Hawkins, deceased,
Two of the Respondents to the amended Appeal of
Samuel Mason Esquire, was brought in.
Arundell and E of Luchfield Pet referred to Judges.
Upon reading the Petition of Frances Arundell and
George Henry Earl of Litchfield; praying Leave to bring
in a Bill, to enable them (during the Minority of Mary
Arundell an Infant) to grant and fill up Leases of the
Estates of the said Frances and Mary Arundell, in the
Counties of Cornwall and Dorset:
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; who are
forthwith to summon all Parties concerned in the Bill;
and, after hearing them, to report to the House the
State of the Case, with their Opinion thereupon, under
their Hands; and whether all Parties that may be concerned in the Consequences of the Bill have signed the
Petition; and also that the Judges, having perused the
Bill, do sign the same.
States General's Accession to the Treaty of Seville delivered.
The Duke of Newcastle (by His Majesty's Command)
presented to the House, "A Copy of The States General's Accession to the Treaty of Peace, Friendship,
and mutual Defence, concluded between His Majesty,
the Most Christian King, and the King of Spain,
signed at Seville, the 21st of November 1729;" and
Translation.
Also, "A Copy of The States General's Accession to
the separate Articles belonging to the said Treaty,
signed also at Seville, the 21st of November 1729,"
and Translation.
And the Titles thereof were read, by the Clerk.
Calvert's Pet. referred to Judges.
Upon reading the Petition of Fælix Calvert Senior, on
the Behalf of himself, and of John and George Calvert
his Two Youngest Sons, both Infants; and also the Petition of Felix Calvert Junior, eldest Son and Heir Apparent of the said Felix Calvert, Francis, William, and
Peter Calvert, Three other of the Younger Sons of the
said Felix Calvert Senior; praying Leave to bring in a
Bill for conveying an Estate, comprized in a Settlement
in the Petition mentioned, to the said Felix Calvert Senior, in Fee-simple, he depositing Ten Thousand Pounds,
to be laid out in the Purchase of another Estate, to be
settled to the same Uses:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Reynolds and Mr. Justice Probyn; with the usual Directions,
according to the Standing Orders.
Brewster & Ux. Pet. referred to Judges.
Upon reading the Petition of John Brewster Esquire
and Elizabeth his Wife; praying Leave to bring in a
Bill, for Sale of Part of a settled Estate in the County
of Essex, for Payment of Debts; and for settling
an unsettled Estate, in the same County, in Lieu
thereof:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Reynolds and Mr. Baron Carter; with the usual Directions,
according to the Standing Orders.
Campbell's Appeal revived.
The Order made on Wednesday last, for the Petition
of Alexander Hamilton, Agent for John Campbell Esquire,
lately deceased, to lie on the Table, and for the Clerk
to search Precedents as to the Revival of Appeals,
being read; and Consideration had of the said Petition,
and Precedents produced by the Clerk:
It is Ordered, That the Appeal of the said John
Campbell do stand revived; and that the same may be
amended, by making Elizabeth his Widow Appellant;
and that John Aikenbead, the former Respondent to the
said Appeal, do put in his Answer thereunto, in
Writing, on or before Friday the Twentieth Day of
February next.
Mr. Campbell to enter into a Recognizance for his Mother.
The House being moved, "That John Campbell
Esquire may be permitted to enter into a Recognizance
for Elizabeth Campbell his Mother, on account of her
Appeal; she being in Scotland:"
It is Ordered, That the said John Campbell may
enter into a Recognizance for the said Appellant, as
desired.
Time limited for Petitions for Private Bills.
Ordered, That, after the Second Day of March
next, no Petition for the bringing in any Private Bill into
this House shall be received, during this Session of Parliament.
E. of Winchilsea and Nottingham and E. of Gainsborough take the Oaths.
This Day Daniel Earl of Winchilsea and Nottingham
and Baptist Earl of Gainsborough sat first in Parliament,
after the Death of their Fathers, Daniel Earl of Winchilsea and Nottingham, and Baptist Earl of Gainsborough;
their Lordships having, at the Table, taken the Oaths;
and made and subscribed the Declaration, and also taken
and subscribed the Oath of Abjuration, pursuant to the
Statutes.
Badham, peremptorily to answer Lord Kingston's Appeal.
Liberty being given, on Wednesday last, for an Application to be made to the House this Day, in order to
prove the Service of the Order made the last Session of
Parliament, requiring Brettridge Badham Esquire to answer the Appeal of James Lord Baron of Kingston in the
Kingdom of Ireland:
An Affidavit, made by Richard Brereton of the City
of Dublin Gentleman, of the due Service of the said
Order, being produced and read:
It is Ordered, That the said Brettridge Badham do
peremptorily put in his Answer to the said Appeal in a
Week.
Mason versus Hawkins & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Mason
Esquire is Appellant, and Moses Hawkins and William
Dawes, Executors of Moses Hawkins, deceased, and
others, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
L. and Lady Cadogan, Pet. referred to Judges.
Upon reading the Petition of Charles Lord Cadogan
and the Lady Elizabeth his Wife, for and on Behalf of
themselves, and also of Charles Sloane Cadogan, an Infant, their only Son and Child; praying Leave to bring
in a Bill, for vesting Part of certain Manors and Lands,
in the Counties of Oxon and Berks, or one of them, in
the several Trustees named in the Petitioner's Marriage
Settlement, in Lieu of the Manor and Lands of Okeley,
in the County of Bucks, for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Price
and Mr. Baron Thomson; with the usual Directions, according to the Standing Orders.
Lynch versus Dalzeel & al.
Upon reading the Petition and Appeal of Roger
Lynch and John Lynch; complaining of an Order of
Dismission of the Court of Chancery, made the Twentyfourth of November last, in a Cause wherein the Appellants were Plaintiffs, and Robert Dalzcel, John Everett, and Henry Cartwright, were Defendants; and
praying, "That the same may be reversed:"
It is Ordered, That the said Robert Dalzeel and
the said other Defendants may have a Copy of the said
Appeal; and they are hereby required to put in their
Answer or respective Answers thereunto, in Writing, on
or before Friday the Sixth Day of February next.
Jervoise and Rudyerd versus Field.
Upon reading the Petition and Appeal of Thomas
Jervoise and Benjamin Rudyerd Esquires; complaining
of several Orders, or Decrees, of the Court of Chancery, made the Thirteenth of January 1726, and the
Fifteenth of December 1727, and the subsequent Proceedings thereon, in certain Causes, wherein John Bays
and his Wife were Plaintiffs, and Richard Bird and Catherine his Wife, the Appellants, and James Feild Gentleman, and others, were Defendants; and wherein the
said Bird and his Wife were Plaintiffs, and the said Bays
and his Wife, and the Appellants and others, were Defendants; and wherein Sophia Zouch, an Infant, by her
prochein Anne, was Plaintiff, and the said Bays and his
Wife, Richard Bird and his Wife, the said Appellants,
and James Feild Gentleman, and others, were Defendants; and wherein the Attorney General, at the Relation of Richard Rogers and others, were Plaintiffs, the
said John Bays and his Wife, Richard Bird and his
Wife, the Appellants, and the said James Feild, and
others, were Defendants; and praying, "That the
same may be reversed; and that the Appellants First,
Second, and Seventh Exceptions may be allowed; and
that James Feild, as Executor of James Feild his Father,
may be ordered to accompt for the Timber and Wood
cut down by the said James Feild deceased, upon the
Trust Estate, whilst he acted as Receiver:"
It is Ordered, That the said James Feild may have
a Copy of the said Appeal; and he is hereby required
to put in his Answer thereunto, in Writing, on or before Friday the Sixth Day of February next.
Standing Orders read.
The Roll of Standing Orders of this House was this
Day (according to Order) read.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 27o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Bath & Well.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Norwic.
Epus. Hereford.
Epus. Gicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Petriburg.
Epus. Asaphens.
Epus. Bangor.
Epus. Landavens. |
Ds. King, Cancellarius.
Ds. Trevor, C. P.S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Montagu.
Dux Kent.
Dux Ancaster, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
Dux Bridgewater.
Comes Huntingdon.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Chesterfield.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Abingdon.
Comes Gainsborough.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Viscount Say & Seale.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Middleton.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Wilmington.
Ds. Hobart.
Ds. Monson.
Ds. Harrington. |
PRAYERS.
Ward & al. versus Calloway.
The joint and several Answer of William Calloway and
George Minnet, to the Appeal of Thomas Ward and
others, was brought in.
L. Middleton takes Lis Seat.
This Day Francis Lord Middleton sat first in Parliament, after the Death of his Father Thomas Lord Middleton; having, at the Table, taken the Oaths, and made
and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Small versus Wing.
Upon reading the Petition and Appeal of Alexander
Small, Administrator of the Goods and Chattels of
Mary his Wise, lately deceased; complaining of a Decree of the Court of Chancery, made the Eighteenth
of November 1723, in a Cause wherein the Appellant
was Plaintiff, and Richard Wing, John Wing, and Mary
Wing Widow, since deceased, were Defendants; and
praying, "That the same, and all subsequent Proceedings grounded thereon, may be reversed:"
It is Ordered, That the said Richard Wing and
John Wing may have a Copy of the said Appeal; and
they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Tuesday the Tenth Day of February next.
Appeals received.
Ordered, That the several other Appeals now lying on the Table be received; this being the last Day
allowed by the Standing Order for presenting Appeals
this Session; and that the same be read To-morrow.
Treaty of Seville considered.
The House (according to Order) proceeded to take
into Consideration the Treaty of Peace, Friendship, and
mutual Defence, between His Majesty, the Most Christian King, and the King of Spain, concluded at Seville,
the Ninth of November, N. S. 1729; with the Separate
Articles thereunto belonging.
And the same being read by the Clerk, as also the
Fifth Article of the Quadruple Alliance:
It was moved, "To resolve, That the Agreement
in the Treaty of Seville, to effectuate the Introduction
of Spanish Troops into Tuscany and Parma, is a manifest Violation of the Fifth Article of the Quadruple
Alliance, tends to involve this Nation in a dangerous
and expensive War, and to destroy the Balance of
Power in Europe."
After Debate;
The Question was put upon the said Motion.
And it was Resolved in the Negative.
Then it being moved, "To adjourn the further
Consideration of the aforementioned Treaty till Thursday next:"
After further Debate;
The Question was put, "Whether the further
Consideration of the Treaty of Peace lately
concluded at Seville shall be adjourned till
Thursday next?"
It was Resolved in the Negative.
Moved, "To resolve, That our Right of Sovereignty, Dominion, Possession, and Propriety, to Gibraltar
and the Island of Minorca, is not ascertained by the
Treaty of Seville, so as to extinguish the Claims and
Pretensions set up by the Spaniards, which were followed by an actual Siege, since the Cession of those
valuable Places by the Treaty of Utrecht."
After further Debate;
The Question was put thereupon.
And it was Resolved in the Negative.
Moved, "That an humble Address be presented to
His Majesty, That He will be graciously pleased to order to be laid before this House, a Copy of the Orders, or Instructions, given to Sir George Byng, now
Lord Viscount Torrington, who commanded the Fleet
in The Mediterranean in the Year 1718."
After Debate;
The Question was put, "Whether such an Address shall be made to His Majesty?"
It was Resolved in the Negative.
Proposed, "To resolve, That the Stipulations in the
Treaty of Seville, for repairing the Losses of the Merchants, are insufficient and precarious."
After further Debate;
The Question was put upon the said Proposition.
And it was Resolved in the Negative.
Resolution that it contains all necessary Stipulations &c.:
Moved, "To Resolve, That the Treaty of Peace,
Union, and Friendship, concluded at Seville on the
Ninth of November last, does contain all necessary
Stipulations for maintaining and securing the Honour,
Dignity, Rights, and Possessions, of this Crown; and
that all due Care is taken therein, for the Support of
the Trade of this Kingdom, and for repairing the
Losses suffered by the Merchants."
After Debate;
The Question was put thereupon.
And it was Resolved in the Affirmative.
Protest against it.
Dissentient.
"Because we think this Question, from the Debate,
as well as from the Import of the Question itself, was
designed as a Justification of the whole Treaty; which
appears to us neither to be solid, honourable, nor advantageous, for the following Reasons:
"1st, Because we know not whether all the Treaties
and Conventions, concluded between England and
Spain, may be in every Article of them so beneficial
to us as to be fit to be again confirmed and renewed.
"2dly, Because, as we think it extremely difficult
to examine with requisite Nicety how advantageous
every Treaty and Convention between Great Britain
and Spain may be to us, so we think it absurd to pretend to judge of any future Agreement; and therefore we think it very extraordinary, and apprehend
it may be of very ill Consequence, to be bound, as we
are by this Treaty, to ratify and guaranty whatever
Agreement shall be made between the King of Spain
and Dukes of Tuscany and Parma, concerning the
Garrisons once established in their Countries.
"3dly, Because the Obligation on our Merchants,
to make Proof of the Justice of their Demands for
their Losses at the Court of Spain, is, in our Opinion,
an Hardship upon them, and not honourable for the
Nation: And we are persuaded those unsortunate
Gentlemen will undertake so troublesome and expensive a Journey with the less Chearfulness, because
they may fear their Claims are not unlikely to be
counter-balanced by others from the Spaniards; and,
after all, they have only the slender Comfort of hoping, if they think there is even any Room for them
to hope, to get that Redress by Commissaries, which
they have not hitherto been able to obtain by Plenipotentiaries.
"4thly, Because, we are obliged to assist in effectuating the Introduction of Six Thousand Spanish
Troops into the Towns of Tuscany and Parma, without specifying the Methods we are to take, or Charge
we are to be at, in giving that Assistance; so that, for
aught we know, we may be liable to an endless Trouble and unlimited Expence, to compass what, if
effected, cannot, in our Opinion, be of any Advantage to us, but, as we sear, may prove most prejudicial and destructive.
"5thly, Because we oblige ourselves to guaranty
for ever, not only to Don Carlos, but even to all his
Successors, the Right to, and Possession of, the States
of Tuscany and Parma; which, we think, is a Stipulation of so extensive a Nature, that we can hardly
see we are ever like to be exempted from the Disputes
and Quarrels it may too probably draw upon us.
"6thly, Because this Treaty differs from the Quadruple Alliance, upon which 'tis pretended to be
chiesly founded, in some Points that seemed to be
thought essential by ourselves, as well as by the Kings
of France and Spain, as far as we can judge by the
Stipulations of former Alliances, particularly in that
of introducing Spanish Troops instead of Neutral into
Tuscany and Parma, and by stipulating that those
Troops shall remain there, till Don Carlos and his
Successors are secure and exempt from all Events;
which, from the Nature and Extent of human Forefight, we think the warmest Advocates for the Treaty
must allow, is, in Effect, to say, they are to remain
there for ever.
"7thly, Because the Alterations in this Treaty, from
that of the Quadruple Alliance, are made not only
without the Consent of the Emperor, but, as we
fear He will interpret it, since He has not the Compliment paid Him of being invited into it, almost in
Defiance of Him; and if this Treatment of Him should
unhappily alienate His Friendship from us, we think
we should, as good Englishmen, have great Reason to
lament the Loss of such an ancient, powerful, and
faithful Ally.
"8thly, Because, we apprehend, there is an artful
Omission, throughout the whole Treaty, of any plain
and express Stipulation to secure to us our Right to
Gibraltar and Minorca; which, however willing we
are to attribute it rather to the superior Skill of the
Spanish Managers than to any Want of Zeal for their
Country in our own, is an Error that, we fear, will
leave our Possession of those important Places too liable
to future Cavils; and we think the Spaniards could
not, with the least plausible Pretence of Reason, have
refused to ascertain our indubitable Right to them in
as strong and explicit Terms as we have declared our
selves Guarantees of the Right, Possession, Tranquility, and Quiet, of the Italian Dominions allotted
to Don Carlos and his Successors, since we have had
the Complaisance to admit the Spaniards to discuss
their Pretensions for the Restitution of the Ships
taken in the Year 1718, though their Right to that
Compensation was as effectually secured to them as
it can be pretended ours is to Gibraltar and Minorca,
by those general Words that renew and confirm all
former Treaties.
"9thly, Because His Majesty Himself, by His
Speech from the Throne, seems not entirely free from
Apprehensions of new Troubles being still likely to
arise in Europe, even in Resentment of the present
Engagements; and, if He thought this Peace had
settled the Public Tranquillity upon a lasting Foundation, we are confident His Paternal Goodness would
have inclined Him, by a further Reduction of Troops,
to have given more Ease to His People; who have
long groaned under the heavy Burden of Taxes almost insupportable, and of a large Standing Army,
and have had all their Grievances increased by a pernicious Interruption of late of that flourishing Commerce, without which they can neither be happy at
Home, nor respected Abroad.
"10thly, Because it appears to us, after the most
mature Consideration of all Particulars, that we are
much farther obliged than we were before, and than
we think we ever ought to be, to meddle in Disputes
about Territories at a great Distance from us, and in
which our National Interest seems no Way concerned.
And since One of the principal contracting Parties, in
that Alliance upon which this is built, is not only left
out of it, but, as we think there is Reason to believe, extremely disobliged by it; and since it seems
impossible to make the Introduction of Spanish Troops
into Tuscany and Parma, even by the most prevailing
Application we can use, consistent with the Dignity
and Quiet of those Princes whose Towns they are to
garrison, we own ourselves, upon the Whole, uncapable of discerning either the Equity or Policy of this
Treaty; which, we fear, will not enable us either to
recover what we have lost, or long to preserve quietly and undisturbed what we yet possess; and which,
we fear, instead of extricating us out of those Difficulties that we have of late been involved in, and
which have been owing in a great Measure, in our
Judgement, to the Incapacity of those Ministers by
whose Counsels we have been entangled in a Labyrinth of unnecessary, if not prejudicial Treaties and
Engagements, will probably be the melancholy Occasion of fresh Disturbances, and bring upon us, already too much impoverished, the Misery and Confusion of a War; which, if once kindled, we are convinced it will be as difficult to know the End, as to
determine the Success of such a fatal Event.
"Scarsdale.
Plimouth.
Beaufort.
Strafford.
Gower.
Bedford.
Thanet.
Anglesey.
Northampton.
Coventry.
Abingdon.
Huntingdon.
Willoughby de Broke.
Bruce.
Warrington.
Boyle.
Montjoy."
Bathurst.
Foley.
Aylesford.
Middleton.
Oxford & Mortimer.
Bridgewater.
Bristol."
Then it being moved, "To adjourn:"
Accordingly,
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
Hitherto examined by us,
Bridgewater.
Shaftesbury.
Abingdon.
N. St. Davids.
DIE Mercurii, 28o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Bath. & Well.
Epus. Oxon.
Epus. Eliens.
Epus. Lincoln.
Epus. Gloucestr.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bangor.
Epus. Landav. |
Ds. King, Cancellarius.
Ds. Trevor, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Bedford.
Dux Devon.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
Comes Huntingdon.
Comes Northampton.
Comes Warwick & Holland.
Comes Chesterfield.
Comes Thanet.
Comes Scarsdale.
Comes Anglesey.
Comes Abingdon.
Comes Gainsborough.
Comes Plimouth.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Macclesfield.
Viscount Townshend.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Howard Eff.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Middleton.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Wilmington.
Ds. Hobart.
Ds. Harrington. |
PRAYERS.
Amherst versus Lytton.
The Answer of William Robinson Lytton Esquire, to
the Appeal of Charles Selby Amherst Esquire:
Sir Christopher Musgrave versus Ward & al.
As also, the joint and several Answers of Richard
Ward and others, to the Appeal of Sir Christopher Musgrave Baronet;
Were brought in.
Staines versus Maddock & al.
Upon reading the Petition and Appeal of John
Staines; complaining of an Order of the Court of
Chancery, made the Fourteenth of November last, in a
Cause wherein Edward, Robert, Thomas, John, William,
and Sarah Maddock, Infants, by Robert Maddock their
prochein Amie, were Plaintiffs, and the Appellant was
Defendant; and praying, "That so much thereof as
overrules the Appellant's First, Second, Fifth, Sixth,
and Seventh Exceptions, and orders the Appellant to
pay Costs, may be reversed; and that the Appellant
may have all just Allowances made to him, and his
Costs of several Suits:"
It is Ordered, That the said Infants, by their prochein Amie, may have a Copy of the said Appeal; and
they are hereby required to put in their Answer thereunto, in Writing, on or before Wednesday the Eleventh
Day of February next.
Glisson & al. versus Morgan, alias Okeden, & al.
Upon reading the Petition and Appeal of Mary Glisson and Magdalen Glisson, Infants, by Conyers Place their
prochein Amie, and the said Conyers Place; complaining
of a Decree of the Court of Chancery, made the
Eighteenth of May 1728, in a Cause wherein the Appellants were Plaintiffs, and William Morgan, alias Okeden, and Edmund Morgan, alias Okeden, an Infant, by
William his Brother and Guardian, Peter Walter, Thomas
Hussey, John Bond, Mary Morgan, and Nathaniel Farewell and Susannah his Wife, were Defendants; and
praying, "That the same may be reversed, so far as the
"Appellants Bill stands dismissed:"
It is Ordered, That the said Defendants 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 Eleventh Day of February next.
Pincke versus Ly. Dowager Abergavenny.
Upon reading the Petition and Appeal of Alured
Pincke Esquire and Elizabeth Lady Dowager Bergevenny
his Wife; complaining of certain Orders of the Court
of Chancery, made the First and Eighth of May last,
in a Cause wherein Anne Lady Dowager Bergevenny was
Plaintiff, and the Appellant the Lady Elizabeth Defendant; and praying, " That either the said Appellants
Exception may stand, and be set down to be argued
according to an Order of the said Court of the Thirtieth of April last, or that the Demurrer and Pleas
put in to the Third amended Bill may be re-argued:"
It is Ordered, That the said Plaintiff may have a
Copy of the said Appeal; and do put in her Answer
thereunto, in Writing, on or before Wednesday the
Eleventh Day of February next.
Minchin versus Edwards.
Upon reading the Petition and Appeal of John Minchin Esquire; complaining of several Orders and Decrees of the Court of Exchequer in Ireland, made the
Sixteenth of November 1724, the Twenty-seventh of
January 1726, the Third, and Twentieth of February,
and Sixth of December, 1727, and Twentieth of November 1729, in certain Causes, wherein the Appellant
was Plaintiff, and Francis Edwards Esquire and Company, and others, were Defendants, et è contra; and
praying, "That the same may be varied or reversed,
and the Appellant relieved; and that Mary Edwards
may put in her Answer to this Appeal:"
It is Ordered, That the said Mary Edwards may
have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on
or before Wednesday the Fourth Day of March next;
and that Service of this Order on the said Mary Edwards, or her Attorney or Solicitor in Court, be deemed good Service.
Carre versus Halden.
Upon reading the Petition and Appeal of John Carre
of Cavers Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of
the Tenth and Twenty-third of November 1714, and
Seventh and Sixteenth of December following, made
on the Behalf of Mr. John Halden of Lanerk; and
praying, "That the same may be reversed:"
It is Ordered, That the said John Halden may have
a Copy of the said Appeal; and he is hereby required
to put in his Answer thereunto, in Writing, on or before Wednesday the Twenty-fifth Day of February next.
Atkins versus Rooe and Leman.
Upon reading the Petition and Appeal of Robert
Atkins, Joseph Wyndham, and Robert Green; complaining of a Decree of the Court of Chancery, made the
Tenth of December last, in a Cause wherein the Appellants were Plaintiffs, and Edward Rooe and Nevill Leman were Defendants; and praying, "That the said
Defendants may be obliged to appear, and put in an
Answer to this Appeal:"
It is Ordered, That the said Edward Rooe and
Nevill Leman may have a Copy of the said Appeal; and
they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Wednesday the Eleventh Day of February next.
Kelynack & al. versus Gwavas.
Upon reading the Petition and Appeal of William
Kelynack, Richard Richards, Philip Kelynack, and One
Hundred and Sixteen others, Parishioners and Fishermen, residing within the Parish of Paul, in the County
of Cornwall; complaining of an Order of the Court of
Exchequer, made the Ninth of May 1728, directing a
Trial at Law, in a Cause wherein William Gwavas Gentleman was Plaintiff, and the Appellants were Defendants; as also of an Order or Decree of the same
Court, the Fifth of December 1728, on the Equity reserved; and praying, "That the same may be reversed:"
It is Ordered, That the said William Gwavas may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Eleventh Day of February
next.
Gordon versus Craufurd.
Upon reading the Petition and Appeal of James Gordon of Craighlaw; complaining of certain Interlocutories of the Lords of Session in Scotland, of the Sixth
of November 1729, and Fourteenth of this Instant January, made on the Behalf of Patrick Craufurd, and
Patrick Craufurd his Son; and praying, "That the
same may be reversed:"
It is Ordered, That the said Patrick Craufurd and
his Son may have a Copy of the said Appeal; and they
are hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Wednesday
the Twenty-fifth Day of February next.
Lucy versus Moor & al.
Upon reading the Petition and Appeal of Frances
Lucy Widow; complaining of Part of a Decree of the
Court of Chancery, made the Twelfth of November
1728, in certain Causes, wherein the Appellant was
Plaintiff, and Robert Moor Esquire and others were
Defendants, et è contra; and praying, "That the same
may be reversed, and the Appellant relieved:"
It is Ordered, That the said Robert Moor, and
George Guy, Charles Newburgh, Thomas Burgh, and
Rowland Berkley, may have a Copy of the said Appeal;
and they are hereby required to put in their Answer or
respective Answers thereunto, in Writing, on or before
Wednesday the Eleventh Day of February next.
Murphy versus Browns.
Upon reading the Petition and Appeal of Samuel
Murphy; complaining of several Orders and Decrees of
the Court of Chancery in Ireland, made the Twentyeighth of June 1725, the Twenty-third of June, and
Twenty-sixth of July, 1728, and other subsequent Orders or Proceedings, in a Cause wherein William Brown
and Hugh Brown his Son were Plaintiffs, and the Appellant and others were Defendants; and praying,
"That the same may be reversed:"
It is Ordered, That the said William Brown and
Hugh Brown may have a Copy of the said Appeal; and
they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Wednesday the Fourth Day of March next; and that
Service of this Order on the Respondents Attornies or
Clerks in the said Court of Chancery in Ireland be
deemed good Service.
Byrne versus Morley & al.
Upon reading the Petition and Appeal of Gerald
Byrne Gentleman; complaining of an Order of the
Court of Exchequer in Ireland, for discharging the Enrolment of a Decree of that Court, and an Order on
re-hearing, the Fourteenth of February 1725, made in
a Cause wherein the Appellant, by Bill of Revivor,
was Plaintiff, and Jane Morley, Michael Waldron, and
Jeffery Luther, Executors of George Morley, deceased,
were Defendants; and praying, "That the same, so
far as they are inconsistent with a Decree of the said
Court of the Second of June 1725, may be reversed;
and that the said Decree may be affirmed:"
It is Ordered, That the said Jane Morley and the
other Executors of the said George Morley, deceased,
may have a Copy of the said Appeal; and they are
hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Wednesday the Fourth Day of March next; and that Service
of this Order on the Attorney or Attornies of the said
Respondents, in the said Court of Exchequer in Ireland, be deemed good Service.
Stewart & al. versus Mackworth & al.
Upon reading the Petition and Appeal of James
Stewart, Henry Rowe and Elizabeth his Wife, John
Wallis, and Robert Knapp, on Behalf of themselves
and the rest of the Partners or Company commonly
called "The Company of the Mineral Manufactures at
Neath;" complaining of an Original Decree of the
Court of Chancery, made the Thirteenth of May 1726,
and of a Decree, or Order, on re-hearing, the Fourteenth
of June 1729, in certain Causes, wherein the Appellants were Plaintiffs, and Sir Humphry Mackworth and
others were Defendants, et è contra; and praying,
That the said Original Decree may be varied and rectified; and that the Decree, or Order, on re-hearing,
may be reversed:"
It is Ordered, That Herbert Mackworth, Administrator of the Goods and Chattels of the said Sir Humphry Mackworth, deceased, King smill and William Mackworth, and Anne Mackworth, may have a Copy of the
said Appeal; and they are hereby required to put in
their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Eleventh Day of February next.
Prat versus Hopkins & al.
Upon reading the Petition and Appeal of John Prat
Esquire; complaining of an Order of Dismission, with
Costs, made by the Court of Exchequer, the Fourteenth
of November 1728, in a Cause wherein the Appellant
was Plaintiff, and William Hopkins, Benjamin Midford,
Henry Talbot, and Joseph Farmer, were Defendants;
and praying, "That the same may be reversed, and the
Appellant's Bill retained in the said Court, and the
Matters thereby prayed decreed to the said Appellant:"
It is Ordered, That the said William Hopkins and
the said other Defendants may have a Copy of the said
Appeal; and they are hereby required to put in their
Answer or respective Answers thereunto, in Writing,
on or before Wednesday the Eleventh Day of February
next.
Fergusson versus Maitland.
Upon reading the Petition and Appeal of William
Fergusson of Auchinblain; complaining of several Interlocutors of the Lords of Session in Scotland, of the
Thirteenth of February 1729, and the Third and
Twenty-second of July following, made on the Behalf
of Mr. William Maitland; and praying, "That the
same may be reversed:"
It is Ordered, That the said William Maitland may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Twenty-fifth Day of February
next; and that Service of this Order upon the Respondent's Procurators, Attorney, or Agent, in the Cause below, be deemed good Service.
Baynes & al. versus Downes.
Upon reading the Petition and Appeal of John Baynes
Serjeant at Law, John Milner, Jane Barrett, and Sarah
Barrett Widow; complaining of Part of a Decree of
the Court of Chancery, made the Fifth of January
1727, in a Cause wherein George Downes was Plaintiff,
and the Appellants and others were Defendants; and
praying, "That the said Decree may be varied so far,
as that the Appellants may have Liberty to pay off
the Mortgage in the Appeal mentioned, to the said
Downes; and that, upon such Payment of One Hundred and Fifty Pounds, and Interest, and Costs, he
may assign over the same, for the Benefit of the Appellants, to such Persons as they shall for that Purpose appoint:"
It is Ordered, That the said George Downes may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Eleventh Day of February next.
Cardonnell and Lilly versus Browne & al.
Upon reading the Petition and Appeal of James Cardonnell Esquire, and of Mary Lilly, Widow and Administratrix of William Lilly, deceased; complaining of
Part of a Decree of the Court of Chancery, made the
Twenty-fourth of November 1713, in certain Causes,
wherein William Hedges was Plaintiff, and the Appellants
and others were Defendants; and wherein Valentine
Browne and others were Plaintiffs, and the Appellants
and others were Defendants; and praying, "That such
Part of the said Decree, as relates to the Payment,
Discharge, and Satisfaction, of the Principal Sum of
the several Incumbrances vested in the Appellants,
and the subsequent Report and Proceedings founded
thereupon, may be reversed; and that, in order
thereto, the usual Summons may be awarded, against
Valentine Browne, Anthony Hammond, William Weldon
and Elizabeth his Wife, Margaret and Frances Browne,
John Asgill, and Richard Hedges; and that Service on
their respective Clerks in Court in the aforesaid Causes
here in England may be good Service:"
It is Ordered, That the said Valentine Browne and
the other Parties abovenamed may have a Copy of the
said Appeal; and they are hereby required to put in
their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Eleventh Day of February next.
Wellington versus Poulson & al.
Upon reading the Petition and Appeal of Richard
Wellington, James and Bethell Wellington, Infants, by
Bethell Goodwin Gentleman, their prochein Amie; complaining of Part of a Decree of the Court of Chancery, made the Twenty-third of June last, in a Cause
wherein John Poulson was Plaintiff, and the said Infants,
and John Darby, Arthur Bettesworth, and Francis Clay,
were Defendants; and praying, "That the same may
be reversed and set aside, so far as the said Decree
tends to deprive the Appellants of so much of their
Mother's Four Ninths of the Intestate's Estate, as exceeds the Two Hundred Pounds reserved by the Marriage Articles to the said John Poulson; and that this
House will make such other Decree in the Premises,
for the Appellants Relief, as to their Lordships shall
seem meet:"
It is Ordered, That the said John Poulson, and the
said other Defendants John Darby, Arthur Bettesworth,
and Francis Clay, may have a Copy of the said Appeal;
and they are hereby required to put in their Answer or
respective Answers thereunto, in Writing, on or before
Wednesday the Eleventh Day of February next.
Carroll versus Viccars.
Upon reading the Petition and Appeal of Barnaby
Carroll Esquire; complaining of an Interlocutory Order
of the Court of Exchequer in Ireland, made the Ninth
of November 1728, as also of a subsequent Decree, of
the Twenty-third of June 1729, in a Cause wherein
Richard Viccars Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may
be reversed:"
It is Ordered, That the said Richard Viccars may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Fourth Day of March next;
and that Service of this Order on the said Respondent's
Attorney in this Cause in Ireland be deemed good Service.
Vernon versus Maple.
Upon reading the Petition and Appeal of John Vernon Esquire; complaining of Two Orders of the Court
of Chancery in Ireland, made the Ninth and Twentyfourth of July 1729, in a Cause wherein William Maple
was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and all subsequent Proceedings thereon discharged; and that the
Appellant may have his Costs:"
It is Ordered, That the said William Maple may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Wednesday the Fourth Day of March next;
and that Service of this Order on the Respondent's
Clerk in the said Court of Chancery in Ireland be
deemed good Service.
Sir J Lambert versus Sir D. O Carroll.
Upon reading the Petition and Appeal of Sir John
Lambert Baronet; complaining of certain Proceedings
and an Order of the Court of Chancery, made the
Twentieth of July 1724, in Two Causes, wherein Sir
Daniel O Carrol was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, so far as they relate to the First Subscription on
South Sea Stock; and that the said Sir Daniel O Carrol
may be ordered to pay back to the Appellant the several Sums of Three Thousand Five Hundred Twenty-five Pounds, and Two Hundred and Fourteen
Pounds, with Interest for the same, and the Appellant's Costs which he has been put to in the said
Suits:"
It is Ordered, That the said Sir Daniel O Carrol
may have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing,
on or before Wednesday the Eleventh Day of February
next.
Cutlar versus Maxwell & al.
Upon reading the Petition and Appeal of Archibald
Cutlar of Orraland; complaining of Two Interlocutors
of the Lords of Session in Scotland, of the Ninth of
February 1727/8, and Fourth of February 1728/9, made on
the Behalf of Alexander Maxwell of Newlaw, Alexander
Maxwell of Balmangan, Lucy Maxwell, John Johnston
Airdge, Jean Maxwell and John Maxwell her Husband,
Mary Maxwell and James Kennen her Husband,
Grierson and Thomas Moir her Husband, James Maxwell,
William Maxwell, and Andrew Ewart; and praying,
That the same may be reversed:"
It is Ordered, That the said Alexander Maxwell
and the said other Parties abovementioned may have a
Copy of the said Appeal; and they are hereby required
to put in their Answer or respective Answers thereunto,
in Writing, on or before Wednesday the Twenty-fifth
Day of February next; and that Service of this Order
on the respective Attornies or Procurators of the said
Respondents, before the Court of Session in Scotland,
be deemed good Service.
Ross versus Close & al.
A Petition of Alexander Hamilton, Agent for Robert
Ross and others, upon their Appeal, to which Samuel
Close and others are Respondents, was presented to the
House, and read; praying, "In regard One of the Respondents has not put in his Answer, nor are the necessary Papers yet come from Ireland, that this House
will enlarge the Time for hearing this Cause."
And thereupon the Petitioner being called in; and
heard, at the Bar, touching the Allegations of his Petition:
And being withdrawn:
It is Ordered, That the Time for hearing the said
Cause shall be enlarged, as desired; unless, upon Notice
given to the Respondent's Agent, he shews Cause to the
contrary To-morrow.
Order for Address about the Peace.
Ordered, 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 Treaty of Peace, Union, and Friendship,
concluded at Seville on the Ninth of November last,
before this House; and to declare our Opinion, that
the said Treaty does contain all necessary Stipulations
for maintaining and securing the Honour, Dignity,
Rights, and Possessions of this Crown; and that all
due Care is taken therein, for the Support of the
Trade of this Kingdom, and for the repairing the
Losses suffered by the Merchants."
And a Committee was appointed, to draw the said
Address, as follows:
|
Ld. Privy Seal.
Ld. Steward.
Duke of Devonshire.
Earl of Scarbrough.
Earl of Findlater.
Viscount Townshend.
Viscount Falmouth. |
Ld. Delawarr.
Ld. Fitzwalter. |
Their Lordships, or any Five of them; to meet
immediately, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
The House was adjourned during Pleasure; and the
Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, an Address drawn by them, as follows:
Address reported.
"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 Treaty of Peace, Union, and
Friendship, lately concluded at Seville, before this
House.
"And we beg Leave to declare to Your Majesty, that
the said Treaty does, in our Opinion, contain all necessary Stipulations for maintaining and securing the
Honour, Dignity, Rights, and Possessions, of this
Crown; and that all due Care is taken therein, for the
Support of the Trade of this Kingdom, and for the
repairing the Losses suffered by the Merchants."
Which Address, being read by the Clerk, was agreed
to by the House.
Proposed, "That the same be presented to His Majesty by the whole House."
Which being objected to;
The Question was put thereupon.
And it was Resolved in the Affirmative.
Lords with White Staves 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 be pleased to appoint to be attended by
this House, with the said Address.
Done versus Weldon and Polhill.
After hearing Counsel, upon the Petition and Appeal
of Thomas Done Esquire; complaining of a Decree of
the Court of Chancery, made the Seventeenth of November 1727, in a Cause wherein the Appellant was
Plaintiff, and Walker Weldon and David Polhill Esquires
were Defendants; and praying, "That the same may
be reversed, and the Appellant relieved:" As also
upon the Answers of the said Walker Weldon and David
Polhill put in to the said Appeal; and due Consideration
had of what was offered on either Side in this Cause:
Decree affirmed, with Costs to the Respondent Polhill.
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 Decree therein complained of be,
and is hereby, affirmed: And it is further Ordered,
That the Appellant do pay, or cause to be paid, to the
Respondent David Polhill, the Sum of Ten Pounds, for
his Costs in respect of the said Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 29o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Winton.
Epus. Bath. & Well.
Epus. Litch. & Cov.
Epus. Gloucestr.
Epus. Cicestriens.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Bridgewater.
Comes Northampton.
Comes Anglesey.
Comes Abingdon.
Comes Rochford.
Comes Loudoun.
Comes Findlater.
Comes Strafford.
Comes Bristol.
Comes Pomfret.
Comes Ker.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Herbert.
Ds. Bathurst.
Ds. Bingley.
Ds. Hobart. |
PRAYERS.
Amherst versus Mascall, &c.
The Answer of Francis Mascall and James Bedingfeld Gentlemen, to the Appeal of Charles Selby Amherst Esquire, was brought in.
His Majesty to be attended with Address.
The Lord Steward acquainted the House, "That
the Lords with White Staves had (according to Order)
waited on His Majesty, humbly to know what Time
His Majesty would be pleased to appoint to be attended, with the Address of this House Yesterday; and
that His Majesty had been pleased to appoint this
Day, at Two a Clock, at His Palace of St. James's."
Cardonnell's Appeal:
The House was informed, "That some of the Respondents to the Appeal of James Cardonnell Esquire,
presented to their Lordships on Wednesday last, resided in Ireland; wherefore it was prayed, That Service on their Clerk in Chancery here might be good
Service; but no particular Direction was given concerning it:"
He and Clerks in Court to attend.
It is Ordered, That this Matter be taken into Consideration on Tuesday next; and that Notice thereof be
given to the Appellant, as likewise to the Clerks in
Court on both Sides; and that they all attend this
House at that Time.
Ross's Appeal:
The Agent for Samuel Close, Respondent to the Appeal of Robert Ross, attending, to shew Cause why the
Time for hearing the said Appeal should not be enlarged.
He was called in; as likewise the Appellant's Agent.
And being both heard at the Bar, and withdrawn:
Hearing not to be put off.
It is Ordered, That the said Cause do stand for an
Hearing on Monday next.
Woodward, to enter into a Recognizance for Jervoise.
A Petition of Thomas Jervoise Esquire, was presented
to the House, and read; praying, "In regard he is in
the Country, and ill, that Gervas Woodward Gentleman may be permitted to enter into a Recognizance
for him, on account of his Appeal."
It is Ordered, That the said Gervas Woodward may
enter into a Recognizance for the said Appellant, as
desired.
Byrne to enter into a Recognizance.
The House being moved, "That Michael Byrne
Gentleman may be permitted to enter into a Recognizance for Gerald Byrne Gentleman, on account of
his Appeal; he residing in Ireland:"
It is Ordered, That the said Michael Byrne may enter into a Recognizance for the said Appellant accordingly.
Carre to enter into a Recognizance.
The like Motion and Order, for Ralph Carre Gentleman to enter into a Recognizance for John Carre Esquire,
on account of his Appeal; he being in Scotland.
Murray to enter into a Recognizance for Ross.
The like Motion and Order, for Thomas Murray Gentleman to enter into a Recognizance for Robert Ross and
others, on account of their Appeal; they residing in
Ireland.
Claughton Commons Bill, Committee revived.
Ordered, That the Committee appointed to meet
on Consideration of the Bill, intituled, "An Act to enclose divers Commons and Parcels of Waste Grounds,
lying and being in the Township of Claughton, in the
Parish of Garstang, and County Palatine of Lancaster," be revived; and meet on Monday Morning next.
Minchin versus Edwards:
Thomas Bradish attending, with Papers and Pleadings,
in the Cause wherein John Minchin Esquire is Appellant,
and Mary Edwards Respondent:
Pleadings proved.
He was called in, and delivered the same at the Bar;
and attested, upon Oath, "The same were true Copies,
he having examined them with the Originals in the
proper Offices in Ireland."
And then he withdrew.
Ross & al. versus Close & al. Pleadings proved.
David Cole attended; and likewise delivered in, at the
Bar, the Pleadings and Proceedings, in the Cause wherein Robert Ross and others are Appellants, and Samuel
Close and others are Respondents, with the like Attestation.
And withdrew.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.
DIE Veneris, 30o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Well.
Epus. Gloucestr.
Epus. Hereford.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Comes Warwick. |
Ds. Willoughby Br. |
PRAYERS.
His Majesty's Answer to Address reported.
The Lord Chancellor reported, "That the House
did, Yesterday, present to His Majesty their humble
Address; and that His Majesty was pleased to return
this most Gracious Answer; (videlicet,)
"My Lords,
"I am glad the Treaty which I have, in Conjunction
with My Allies, concluded with Spain, is so entirely
to your Satisfaction. By a punctual Execution of our
mutual Engagements, we shall establish a firm and
lasting Friendship with that Crown, which will be of
great Advantage to the Trade and Navigation of this
Kingdom."
Address and Answer to be printed.
Ordered, That the Address of this House, presented to His Majesty Yesterday, and His Majesty's
most Gracious Answer thereunto, be forthwith printed
and published.
Then, in order to solemnize this Day; being by Act
of Parliament appointed to be observed as a Day of
Public Fasting and Humiliation, for the Martyrdom of
King Charles the First;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Februarii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.