March 1734, 11-20
DIE Lunæ, 11o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Carliol.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Asaphen.
Epus. Menev.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Henton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Murray & al. against Charteris & al.
A Petition of Francis Charteris Esquire and his Guardians, Respondents to the Appeal of Archibald Murray
Advocate and others, was presented, and read; praying, "In regard the Petitioner's Papers are but lately
brought from Scotland; that the hearing the said
Appeal, which stands at present for Saturday next,
may be put off to some further Day."
And thereupon the Agents on both Sides being called in, and heard; and withdrawn:
Cause put off.
Ordered, That the hearing the said Cause be put
off to Thursday the 28th Instant.
Mrs. Bristowe's Nat. Bill.
The Lord Hobart (pursuant to the Order of the 5th
Instant) presented to the House a Bill, intituled, "An
Act to naturalize Anne Judith Bristowe, Wife of
John Bristowe Esquire."
And the same was read the First Time.
The said Anne Judith Bristowe took the Oaths appointed, in order to her Naturalization.
Montrose Duty on Beer, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers granted by an Act
passed in the Sixth Year of the Reign of His late
Majesty King George the First, intituled, "An Act
for laying a Duty of Two Pennies Scots, or One Sixth
Part of a Penny Sterling, upon every Pint of Ale or
Beer that shall be vended or sold within the Town of
Montrose, and Privileges thereof, for supplying the
said Town with fresh Water; and for other Purposes
therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Thomas Bennet and Mr. Elde:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Culliford's Bill.
The Earl of Shaftesbury reported from the Lords
Committees to whom the Bill intituled, "An Act for
Sale of the Manor, Farm, and Lands, of Encombe, in
the County of Dorset, Part of the Estate of John
Culliford Esquire, deceased, for Payment of the Debts
and Incumbrances charged upon and affecting the
same," was committed: "That they had considered
the said Bill, and examined the Allegations thereof,
which appeared to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some
Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Phelan's Pet. for re-hearing Devereux's Appeal.
A Petition of Mathias Phelan, Second Son and Administrator of Richard Phelan deceased, was offered to
the House; alleging, "That the Petitioner never was
called to his Defence to the Appeal of James Devereux Esquire, brought in the Year 1730; nor ever
so much as knew the said Appeal stood revived
against him after his said Father's Death;" and praying, "In regard it can be no Delay to the Right of the
said Devereux, he being in Possession of the Lands in
Question, that some Relief may be granted to the Petitioner; and that this Cause may be re-heard, on
such Day as to the House may seem meet, that he
and the said Dexereux may lay their Cause truly and
fully before their Lordships:"
Ordered, That the said Petition be read To-morrow, after Twelve of the Clock.
Matters relating to the Election of Peers of Scotland.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into
Consideration Matters relating to the Election of the
Peers of that Part of Great Britain called Scotland.
And, after some Time spent therein, the House was
resumed.
Ordered, That, on Wednesday next, this House will
take into Consideration Matters relating to the Election
of the Peers of that Part of Great Britain called Scotland.
Sir W. Carew against E. Coventry's Bill.
Upon reading the Petition of Sir William Carew Baronet and Coventry Carew Esquire his Son, an Infant,
and Heir at Law of the Lady Anne Carew his Mother,
deceased; praying to be heard, by Counsel, against a
Bill for exchanging Lands, between William Earl of
Coventry and the Church of Lincoln, before the same
pass into a Law:
It is Ordered, That the said Petition be referred
to the Consideration of the Committee to whom the said
Bill stands committed; and that the Petitioners may be
heard, by their Counsel, before their Lordships; as
may Counsel be heard for the Bill, at the same
Time.
Ross to enter into Recognizance for Gordon and others.
The House being moved, "That Mr. Alexander Ross
may be permitted to enter into a Recognizance for
Mr. James Gordon and others, on account of their
Appeal depending in this House; they residing in
Scotland:"
It is Ordered, That the said Alexander Ross may
enter into a Recognizance for the said Appellants, as desired.
Copies of the Charters of the Provinces in America delivered.
The House being informed, "That the proper
Officer attended (pursuant to an Address to His Majesty on Thursday last), with Copies of the Charters
granted to the several Provinces or Governments in
His Majesty's Plantations in America:"
He was called in; and delivered, at the Bar,
"Copies of the said Charters."
And then he withdrew.
Ordered, That the said Copies be referred to the
Consideration of the Committee appointed to consider
the Representation of the Board of Trade, relating to
the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations
in America.
Dutchess of Hamilton against Manby & al.
Whereas Thursday next is appointed, for hearing the
Cause wherein Elizabeth Dutchess of Hamilton is Appellant, and Edward Manby and others are Respondents:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the 19th
Day of this Instant March.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
duodecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 12o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Meneven.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Bedford.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
Comes Westmorland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Warrington.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Haversham.
Ds. Gower.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Sir T. Moncrief, Leave to amend his Appeal.
Upon reading the Petition of Sir Thomas Moncrief
Baronet; praying, "That he may be at Liberty to
amend his Appeal, to which Mr. Thomas Moncrief is
Respondent, by adding some Proceedings and Interlocutors of the Lords of Session in Scotland to those
already complained of:"
It is Ordered, That the Petitioner be at Liberty to
amend his Appeal, as desired, he amending the Respondent's Copy; and that the Respondent do put in his
Answer thereunto, in Writing, in Four Weeks.
Culliford's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for Sale of the Manor, Farm, and Lands of Encombe,
in the County of Dorset, Part of the Estate of John
Culliford Esquire, deceased, for Payment of the Debts
and Incumbrances charged upon and affecting the
same."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Allen and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the
better Payment of the Army and their Quarters."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Protest against it:
"Dissentient.
"Abingdon.
Warrington."
Messages to H. C. that the Lords have agreed to the Bill.
A Message was sent to the House of Commons, by
the former Messengers:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Paschall to make a new Respondent.
Upon reading the Petition of Elizabeth Paschall; setting forth, "That Susanna Herbert Widow, One of
the Respondents to the Petitioner's Appeal, is lately
dead, and has made Mark Thurston Esquire her Executor;" and praying, "That the Petitioner may be
at Liberty to amend her Appeal, by making the said
Mark Thurston a Respondent thereto:"
It is Ordered, That the Petitioner have Leave to
amend her said Appeal, as desired; and that the said
Mark Thurston do put in his Answer thereunto, in Writing, in a Fortnight.
Phelan's Pet. for re-hearing referred to a Committee;
The Order of the Day, for reading the Petition of
Mathias Phelan, presented to the House Yesterday,
praying the re-hearing of an Appeal of James Devereux
Esquire, formerly heard in this House, being read:
The said Petition was also read.
And Anthony Fury and the Petitioner, attending, were
severally called in; and examined upon Oath, at the
Bar, touching the Allegations of the said Petition.
Ordered, That the Lords following be appointed a
Committee, to take the said Petition into Consideration; and to report to the House what they shall
think proper thereupon:
|
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
D. Montagu.
D. Atholl.
D. Montrose.
D. Newcastle.
D. Greenwich.
M. Tweeddale.
E. Westmorland.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Abingdon.
E. Warrington.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Bristol.
E. Ker.
V. Tadcaster.
V. Cobham.
V. Falmouth. |
L. Bp. London.
L. B. Rochester.
L. B. Litch. & Cov.
L. B. Chester.
L. B. Bristol. |
Ld. Delawarr.
L. Hinton.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Gower.
L. Foley.
L. Bathurst.
L. Hobart.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten of the Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
and Gordon to be brought to the Committee:
Ordered, That the Warden of the Prison of The
Fleet do bring to the said Committee To-morrow Morning John Gordon, now in his Custody, who acted as a
Solicitor for the Respondents to the said Appeal.
Browning to attend the same Committee.
Ordered, That John Browning Esquire do attend
the said Committee To-morrow Morning; it being alleged, in the Petition of the said Mathias Phelan, "That
he was of Counsel in the said Cause."
Mr. Twisleton's Pet. to His Majesty for the Barony of Say & Sele.
The Duke of Newcastle (by His Majesty's Command)
presented to the House, a Petition of John Twisleton
Esquire, styling himself Heir General of the Body of
Sir Richard Fiennes Baron of Say and of Sele, deceased;
together with His Majesty's Reference thereupon to
this House, and the Report of His Majesty's Attorney
General.
Which Petition, Reference, and Report, were read,
by the Clerk; and the Petition and Reference are as
follow:
"To the King's Most Excellent Majesty.
"The humble Petition of John Twisleton Esquire,
Heir General of the Body of Sir Richard Ficnnes
Baron of Saye and Sele, deceased;
"Sheweth,
"That His Majesty King James the First, by His
Letters Patent, bearing Date the Ninth Day of August
in the First Year of His Reign, created the said Sir
Richard Fiennes a Baron of that Part of Great Britain
called England, to him and the Heirs of his Body
generally, by the Style and Title of Baron of Saye and
of Sele.
"That afterwards the said Sir Richard Fiennes
Baron of Saye and of Sele departed this Life, on or
about the Day of; and left Issue
William Fiennes his Eldest Son and Heir of his Body,
to whom the said Barony descended.
"That afterwards King James the First, by His Letters Patent, bearing Date the Seventh Day of July in
the Twenty-second Year of His Reign, created the
said William Fiennes, then Baron of Saye and of Sele,
a Viscount of that Part of Great Britain called England, to him and the Heirs Male of his Body, by the
Title of Viscount of Saye and of Sele; and in the
Year of Our Lord One Thousand Six Hundred and
Sixty-two, the said William Fiennes Baron and Viscount
of Saye and of Sele departed this Life, and left Issue
James Fiennes his Eldest Son, Nathaniel Fiennes his
Second Son, and John Fiennes his Third Son; and
the same James Fiennes his Eldest Son, being Baron
and also Viscount of Saye and of Sele by virtue of the
said Letters Patent respectively, departed this Life
in the Year One Thousand Six Hundred and Seventythree, without any Issue Male; leaving Issue Female
only Two Daughters, Elizabeth Fiennes, Your Petitioner's Great Grandmother, and Wife of John
Twisleton Esquire, Your Petitioner's Great Grandfather, and Frances Fiennes Wife of Andrew Ellis
Esquire; and, they being the Heirs General of the
Body of the said Sir Richard Fiennes First Baron of
Saye and of Sele, the said Barony of Saye and of Sele
thereupon became in Suspence; and the said Frances
Ellis died, leaving Issue only One Daughter, named
Cecil; who afterwards died, in the Year One Thousand Seven Hundred and Fifteen, without any
Issue.
"That the said Elizabeth, Your Petitioner's Great
Grandmother, had Issue only One Daughter, named
Cecil, who first intermarried with George Twisleton
Esquire, Your Petitioner's Grandfather, and had Issue
by him Fiennes Twisleton, Your Petitioner's Father,
his Eldest Son, and afterwards intermarried with
Robert Mignon Gentleman; and in the Year One
Thousand Seven Hundred and Twenty-three, the said
Cecil Your Petitioner's said Grandmother died, leaving Issue only the said Fiennes Twisleton, Your Petitioner's said Father, who departed this Life on or
about the Eleventh Day of September, in the Year
One Thousand Seven Hundred and Thirty, and left
Your Petitioner his only Son and Heir; and Your
Petitioner is also Heir General of the Body of the said
Sir Richard Fiennes, First Baron of Saye and of Sele;
and as such, by virtue of the said Letters Patent, is
(as he is advised) entitled to the said Barony; but
that the same, being suspended upon the Decease of
the said James Baron and also Viscount of Saye and
of Sele, without Issue Male, as aforesaid; and no
Application (as Your Petitioner is informed) having
ever been made to any of Your Majesty's Royal Predecessors to appoint the said Barony to either of the
said Daughters of the said James Baron and also
Viscount of Saye and of Sele, or to any of their De
scendants, the same has never been enjoyed since the
Decease of the said James Baron and also Viscount of
Saye and of Selc.
"That Lawrence now Viscount of Saye and of Sele
enjoys and derives that Honour, under the said Letters Patent of the Twenty-second of King James the
First, as Eldest Son of John Fiennes the Youngest
Brother of the said James, Baron and also Viscount
of Saye and of Sele, and Heir Male of the Body of
the said William First Viscount of Saye and of Sele.
But the present Viscount of Saye and of Sele is not
entitled (as Your Petitioner is advised) to the said
Barony, nor makes any Claim thereto; but the same
belongs (as Your Petitioner is advised) to Your Petitioner, who is Heir General of the Body of the
said Sir Richard Fiennes First Baron of Saye and of
Sele, by virtue of the said Letters Patent of the First
of King James the First.
"Therefore Your Petitioner humbly prays, Your
Majesty would be graciously pleased to allow
the said Barony of Saye and of Sele to Your
Petitioner, with all such Rights and Privileges as have been usually granted to others in
the like Cases by Your Majesty's Royal Predecessors; and that Your Majesty will order
a Writ to be issued, to summon Your Petitioner to this present Parliament, by the said
Title of Baron of Saye and of Sele.
"And Your Petitioner shall ever pray, &c."
"Whitehall, June 14th, 1733.
"His Majesty is graciously pleased to refer this Petition to Mr. Attorney or Mr. Solicitor General; to
consider thereof, and report his Opinion what may
be fitly done therein; whereupon His Majesty will
declare His further Pleasure.
"Holles Newcastle."
Ordered, That the said Petition be, and is hereby,
referred to the Consideration of the Lords Committees
for Privileges.
Dalzell, late E. of Carnwath, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Robert Dalzell, late Earl of Carnwath, to
sue or maintain any Action or Suit, notwithstanding
his Attainder; and to remove any Disability in him,
by reason of his said Attainder, to take or inherit
any Real or Personal Estate that may or shall hereafter descend or come to him."
King's Consent signified.
The Duke of Newcastle acquainted the House, "That
His Majesty, having been apprized of the Contents
of the said Bill, had commanded him to signify to
their Lordships, That His Majesty gives His Consent to the passing the said Bill, so far as the Interest
of the Crown is concerned."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet at
the usual Time and Place, on Tuesday the 19th
Instant; and to adjourn as they please.
Mrs. Bristow's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire,"
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet at
the usual Place To-morrow; and to adjourn as
they please.
Upton to be brought to the Committee on Lord Craven's Bill.
Ordered, That the Warden of the Prison of The
Fleet do, on Friday Morning next, bring Jane Upton,
now in his Custody, to the Lords Committees to whom
the Bill, intituled, "An Act for discharging a certain
Piece of Ground, called The Pest-house Field, from
certain Charitable Trusts; and for settling another
Piece of Ground, of equal Extent, and in a more
convenient Place, upon the same Trusts," stands
committed.
Consideration of Matters relating to the Election of Peers of Scotland, put off.
Whereas To-morrow is appointed for the House to
take into Consideration Matters relating to the Election
of the Peers of that Part of Great Britain called Scotland:
It is Ordered, That this House will take the same
into Consideration on Monday next.
Anderson & al. against Anderson & al.
Counsel (according to Order) were called in, to be
heard, in the Cause wherein Thomas Anderson the Elder,
an Idiot, by William Chatto his Curator, and Thomas
Anderson the Younger, are Appellants, and Isabell Anderson, John Bull her Husband, and others, Respondents:
And the Appellants Counsel being heard accordingly,
and divers Proofs on their Part read:
They were all directed to withdraw.
And being withdrawn:
It is Ordered, That the further hearing the said
Cause be adjourned till To-morrow.
Fitzgerald against Eustace.
Whereas To-morrow is appointed, for hearing the
Cause wherein Maurice Fitzgerald Gentleman is Appellant, and Christopher Eustace Gentleman Respondent:
It is Ordered, That the hearing the said Cause be
put off to Friday next; and that the other Causes appointed to be heard on Cause-days be removed in
Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
decimum tertium diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 13o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. Oxon.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Hereford.
Epus. Cestriens.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Dux Bolton.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Rothes.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Bathurst.
Ds. Walpole.
Ds. Hobart.
Ds. Hardwicke. |
PRAYERS.
Gordon to be brought to the Committee on Phelan's Pet.
The Lord Bathurst, from the Committee appointed
Yesterday to consider of the Petition of Mathias Phelan;
praying, "That the Cause upon the Appeal of James
Devereux Esquire, to which the Petitioner's Father
was Respondent, and revived against him without his
Knowledge," acquainted the House, "That he was directed, by the said Committee, to move, That the
Warden of the Prison of The Fleet may be required
to bring John Gordon, now in his Custody, to the said
Committee again, on Friday Morning next:"
It is Ordered, That the said Warden do bring the
said John Gordon to the said Committee accordingly.
Anderson & al. against Anderson & al:
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Mr. Thomas Anderson
the Elder, an Idiot, by William Chatto Writer in Edinburgh, his Curator, and Thomas Anderson the Younger,
Eldest Son of the said Thomas Anderson; complaining
of several Interlocutories, Sentences, or Decrees, of the
Lords of Session in Scotland, of the 13th of February,
24th of July, and 13th of November, 1722, the 31st
of July 1725, the 24th of January 1728, the 31st of
July and 18th of November 1729, the 1st of December
1731, 22d of January 1732, and 30th of June following, with the Diligences following upon these Decrees,
made on the Behalf of Isabell the Daughter of Thomas
Anderson, John Bull her Husband, and William Coults,
and Robert Geddes their Assignee; and praying, "That
the same may be reversed:" As also upon the Answer of the said Isabell and her Husband, William Coults,
and their Assignee, put in to the said Appeal; and due
Consideration had of what was offered on either Side in
this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
latter Part of the said Interlocutor of the 13th of
February 1722, in these Words, (videlicet,) "Providing
the Effects of the said Thomas Anderson the Elder
were at the Time sufficient to answer and satisfy both
the Thirty Thousand Merks provided to the Daughters, and the Thirty Thousand Merks which he was
to provide and secure to himself in Life-rent, and the
Eldest Son in Fee;" as also the said Two Interlocutors or Decrees of the 31st of July and 18th of November 1729; the Interlocutor of 13th July 1731,
finding, "That Thomas Anderson the Son had a Title to
insist in the Reduction;" and the Interlocutor of the
22d of January 1732, finding it competent to the said
Thomas to claim a Share pari Passu with his Sisters; be,
and the same are hereby, reversed: And it is further
Ordered and Adjudged, That so much of the said
Interlocutor of the 13th of February as is not hereby
reversed, and the several subsequent Interlocutors or
Decrees not hereby reversed or varied, be, and the same
are hereby, affirmed.
Marchioness Annandale, &c. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of John Johnstone Esquire and Charlotta late Marchioness Dowager
of Annandale his Wife, praying Leave to bring in a
Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable the Trustees and Executors of the last Will
and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust
Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying
Interest after the Rate of Five Pounds per Centum per
Annum, to be assigned to the said Trustees, to and for
the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate."
Matters relating to the Election of Peers of Scotland.
Ordered, That the Lords be summoned, to attend
the Service of this House, on Monday next, when Matters relating to the Election of the Peers of that Part
of Great Britain called Scotland are to be taken into
Consideration.
Causes put off.
Ordered, That the Cause wherein Maurice Fitzgerald is Appellant, and Christopher Eustace Respondent, which stands for a Hearing on Friday next, be
put off to Wednesday the 20th Instant; and that the other
Causes appointed to be heard on Cause-days be removed
in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 18o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Eliens.
Epus. Roffen.
Epus. Carliol.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Cicestrien.
Epus. Bangor.
Epus. Asaphen.
Epus. Menev.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Cardigan.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seal.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Griffin.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
E Ponlett takes the Oaths.
This Day John Earl Poulett took the Oaths, and
made and subscribed the Declaration, and also took and
subscribed the Oath of Abjuration, pursuant to the
Statutes.
Rever Weaver, Bill.
A Message was brought from the House of Commons,
by Mr. Williams and others:
With a Bill, intituled, "An Act to extend the
Navigation of the River Weaver, from Winsford
Bridge, to the Town of Namptwich, in the County of
Chester;" to which they desire the Concurrence of
this House.
Calverley to take the Name of Blackett, Bill.
A Message was brought from the House of Commons,
by Mr. Bowes and others:
With a Bill, intituled, "An Act to enable Walter
Calverley Esquire, now called Walter Blackett Esquire,
and his Issue Male, to take and use the Surname of
Blackett only, pursuant to the Will of Sir William
Blackett Baronet, deceased;" to which they desire
the Concurrence of this House.
The said Bills were severally read the First Time.
Trentham Common to enclose, Bill.
The Lord Carteret reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest,
otherwise Cocknage Banks, and Blurton Common, in the
Manor and Parish of Trentham, in the County of
Stafford," was committed: "That they had considered the said Bill, and examined the Allegations
thereof; which they found to be true; that the
Parties concerned had given their Consents; and that
the Committee had gone through the Bill, and made
some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Lord Craven's Bill.
The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for supplying an Omission in a former Act of Parliament,
to enable Richard Earl of Burlington to grant Leases
of Ground behind Burlington House," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which they found to be true;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment:"
Ordered, That the said Bill be engrossed.
Pesthouse Field, Bill.
The Lord Bathurst also reported from the Lords
Committees to whom the Bill, intituled, "An Act for
discharging a certain Piece of Ground, called The
Pesthouse Field, from certain Charitable Trusts; and
for settling another Piece of Ground, of equal Extent,
and in a more convenient Place, upon the same Trusts,"
was committed: "That they had considered the said
Bill, and examined the Allegations thereof, which
were found to be true; that the Parties concerned
had given their Consents; and that the Committee
had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Mrs. Bristowe's Nat. Bill.
The Lord Hobart reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe
Esquire," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which they found to be true; and that the
Committee had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Ordered, That the said Bill be engrossed.
Smith, for Payment of Morland's Debts, Bill.
The Lord Hobart also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of
John Morland Esquire, deceased, for Payment of his
Debts and Incumbrances," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof, which they found to be true;
that the Parties concerned had given their Consents;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Ordered, That the said Bill be engrossed.
The King and Queen to be congratulated on the Marriage of the Princess Royal.
Ordered, That the Lords with White Staves do
attend His Majesty, with the humble Congratulations
of this House, upon the happy Nuptials of the Princess
Royal with the Prince of Orange.
Ordered, That a Message be sent from this House
to Her Majesty, with their Lordships Congratulations
on the joyful Occasion of the Marriage of the Princess
Royal with the Prince of Orange; and that the Earl of
Chesterfield, Earl of Scarbrough, and Lord Hardwicke,
do carry the said Message.
Bill to exhibit a Bill to naturalize the Prince of Orange, to be brought in.
Ordered, That the Judges do forthwith prepare
and bring in a Bill, for exhibiting a Bill to naturalize
his Serene Highness the Prince of Orange.
Princess Royal and Prince of Orange congratulated on their Marriage.
Ordered, That a Message be sent, from this House,
to congratulate the Princess Royal and the Prince of
Orange, on the joyful Occasion of the late Solemnization
of their Marriage; and that the Earl of Cholmondeley
and the Lord Delawarr do carry the said Message.
Election of Peers in Scotland:
The Order of the Day being read, for the taking into
Consideration Matters relating to the Election of the
Peers of that Part of Great Britain called Scotland:
Motion concerning Persons who shall endeavour to engage Votes in the Elections:
It was moved, "To resolve, That it is the Opinion
of this House, That any Person or Persons, taking
upon him or them to engage any Peers of Scotland,
by Threats, Promise of Place, or Pension, or any Reward or Gratuity whatsoever, from the Crown, to
vote for any Peer, or List of Peers, to represent the
Peerage of Scotland in Parliament, is an high Insult
on the Justice of the Crown, an Encroachment on the
Freedom of Elections, and highly injurious to the
Honour of the Peerage."
And a Question being stated thereupon:
After Debate;
It was moved, "To put the previous Question."
And, after further Debate;
The previous Question was put, "Whether the
said stated Question shall be now put?"
And it was Resolved in the Negative.
Protest against not putting the Question.
"Dissentient.
"1st, Because we apprehend that this Resolution,
being only declaratory of undeniable Truths, ought
not to have been avoided by a previous Question;
since, we fear, the leaving it undetermined may tend
to encourage Practices dangerous to our Constitution
in general, and to the Honour and Dignity of this
House in particular.
"2dly, Because, we think, this House cannot shew
too strong an Abhorrence of Practices which, whether
they have been committed or not in former Elections,
are yet of such a Nature as may possibly be attempted
hereafter by a Minister, who may find it necessary
to try all Methods to secure a Majority in this House,
either to promote his future ambitious Views, or
screen his past criminal Conduct.
"Suffolk.
Willoughby de Broke.
Marchmont.
Strafford.
Bathurst.
Griffin.
Foley.
Litchfield.
Coventry.
Shaftesbury.
Boyle.
Bolton.
Marlborough.
Berkshire.
Gower.
Tweeddale.
Thanet.
Winchilsea & Nottingham.
Bedford.
Stair.
Abingdon.
Aylesford.
Ker.
Bristol.
Cobham.
Chesterfield.
Northampton.
Bruce.
Carteret.
Oxford & Mortimer.
Tadcaster.
Montrose.
Cardigan.
Craven."
Sutherland, clarming the Title of Lord Duffus, Petition to His Majesty.
The Duke of Newcastle (by His Majesty's Command)
presented to the House, a Petition of Erick Lord Duffus,
presented to His Majesty.
And the same was read, as follows:
"To the King's Most Excellent Majesty.
"The humble Petition of Erick Lord Duffus;
"Sheweth,
"That Kenneth Lord Duffus sat in the Parliament of
Scotland in the Reign of Her late Majesty Queen
Anne; and had an unquestionable Right to the Honour,
Title, and Dignity, of Lord Duffus.
"That the Lord Register of Scotland, or his Clerks,
have illegally struck the Name of the Lord Duffus
out of the Roll of the Peers of Scotland, upon a Supposition that the said Kenneth Lord Duffus was attainted by an Act of Parliament, made in the First
Year of the Reign of His late Majesty King George
the First, intituled, "An Act for the Attainder of
George Earl of Mareschall and others of High Treason, unless they shall surrender themselves to Justice
by a Day certain therein mentioned;" whereby it
was enacted, "That, if the said George Earl of Mareschall and others did not surrender themselves to One
of His Majesty's Justices of Peace on or before
the last Day of June One Thousand Seven Hundred
and Sixteen; then every of them not rendering himself as aforesaid should, from and after the Thirteenth
Day of November One Thousand Seven Hundred and
Fifteen, stand attainted of High Treason.
"That the said Kenneth Lord Duffus, at the Time
of the passing of the said Act, was in the Kingdom
of Sweden; and, as soon as he had Notice of it, resolved to come directly to England, to furrender himself, pursuant to the Directions thereof.
"He declared this Resolution to the British Minister
at Stockholm; who gave Notice of it to the Right
Honourable the Lord Viscount Townshend, then One
of His said Majesty's Principal Secretaries of State,
at the Desire of the said Kenneth Lord Duffus.
"That accordingly the said Kenneth Lord Duffus
set out immediately upon his Journey to England; but,
in the Way, was arrested by Sir Cyrill Wych, His said
Majesty's Resident at Hamburgh, many Days before
the Time limited by the said Act for his surrendering
himself was expired.
"Had he been suffered to pursue his Journey, he
might easily have got to England within the Time
appointed for his surrendering himself; but, upon the
Instances made by the said Sir Cyrill Wych in His
said Majesty's Name, he was detained at Hamburgh,
in close Custody, till the Time for his surrendering
himself, according to the Letter of the said Act, was
elapsed.
"That, from Hamburgh, he was sent Prisoner to England; where, upon his Arrival, he was committed to
The Tower of London; and, after having lain there
some Time, he was pardoned by His said late Majesty,
and set at Liberty, without ever having been brought
to any Trial.
"Under these Circumstances, as the said Kenneth
Lord Duffus was restrained, by a superior Force
which it was impossible for him to resist, from executing his Design of surrendering himself according to
the Terms of the said Act; especially too as this Force
was exercised by His late Majesty's Minister, making Use of His Majesty's Name and Authority; he
can never be deemed to have been attainted within
the Meaning of the said Act.
"That the said Kenneth Lord Duffus is now dead;
and your Petitioner is his only Son and Heir, and,
as such, humbly apprehends he has a Right to the
Honour, Title, and Dignity, of Lord Duffus.
"Your Petitioner therefore most humbly prays,
Your Majesty will be graciously pleased to
give such Directions as Your Majesty shall
think proper, for declaring and establishing
Your Petitioner's Right and Title to the Honour and Dignity of Lord Duffus.
"And Your Petitioner shall ever pray.
"Duffus."
Ordered, That the said Petition be referred to the
Consideration of the Lords Committees for Privileges.
Mackgill, claiming the Title of Viscount Oxfurd, Petition to His Majesty.
The Duke of Newcastle also (by His Majesty's Command) presented to the House, a Petition of James Makgill, Viscount of Oxfurd, presented to His Majesty.
And the same was read, as follows:
"To the King's Most Excellent Majesty.
"The humble Petition of James Makgill Viscount
of Oxfurd;
"Sheweth,
"1552.
"That James Makgill Esquire of Edinburgh had Two Sons, James Makgill of
Rankeillor, Lord Clerk Register of
Scotland (the Heir Male of whose Body
Your Petitioner is), and David Makgill
of Nisbet, His Majesty's Advocate.
"This David had Issue Male David
Makgill Advocate.
"This David the Second had Two
Sons; David who succeeded him, and
James.
"1619.
"This David the Third died without
Issue, and was succeeded by his Brother
James.
"Dated Anno 1651. Passed the Great Seal 1660.
"By Letters Patents of this Date, His
Majesty King Charles the Second created the said James, then Sir James Makgill of Cranstoun Makgill, and his Heirs
Male of Tailzie and Provision whatsoever, Viscounts of Oxfurd and Lords
Makgill of Coustand.
"1662.
"This James Viscount of Oxfurd made
a Surrender of his Estate to the Crown;
to the Intent that he might have a new
Charter or Grant thereof; which he obtained, with a Clause de novo damus
to himself for Life; Remainder to Robert his Eldest Son by Livington
his Wife, and the Heirs Males of his
Body; Remainder to the other Heirs
Males to be procreate of his Body by
his said Wife; Remainder to the Heirs
Male of his Body by any other Marriage; Remainder to such Person or
Persons as he had named and appointed, or should name and appoint,
by any Writing under his Hand; in
Default of which, to his Heirs Male
whatsoever; which all failing, to his
Heirs and Assigns whatsoever.
"This James Viscount of Oxfurd was
succeeded in his Honours and Estate
by his said Son Robert.
"1705.
"This Robert died without Issue Male;
leaving only Two Daughters, Christian
and Henrietta.
"Your Petitioner is Cousin and Heir
Male to the said Robert last Viscount
of Oxfurd:
"For James Makgill of Rankeillor, Lord
Register, before mentioned, Your Petitioner's Ancestor, and Brother to the
said David Makgill of Nisbet, Lord
Advocate, Grandfather to the said
James First Viscount of Oxfurd, had
James his Eldest Son.
"This James; the Second of that
Name, had James his Eldest Son.
"This James; the Third of that Name,
had David his Eldest Son.
"This David had James, afterwards
Sir James, his Eldest Son.
"This Sir James had David his Eldest
Son.
"Your Petitioner is the Eldest Son
of the said David last mentioned, and
consequently is the undoubted Heir
Male of the said James First Viscount
of Oxfurd, and is also Heir Male of
Tailzie and Provision to the said Lord;
and, as such, he humbly apprehends,
has an undoubted Right to the Honours, Titles, and Dignities, of Viscount of Oxfurd, and Lord Makgill of
Cousland.
"Nevertheless, at the last Meeting of
the Peers of Scotland, held upon the
21st Day of September 1733, for the
Election of a Peer to serve in this present Parliament, in the room of John
Earl of Sutherland deceased, when Your
Petitioner, after having qualified himself by taking the Oaths according to
Law, tendered his Vote as Viscount
Oxfurd, the Clerks of Session not only
refused to receive the Vote of Your
Petitioner; but took the Vote of Robert, Son and Heir of the said Christian,
Daughter of the said Robert last Viscount of Oxfurd, who has assumed the
Title and Honour of Viscount of Oxfurd, &c. contrary to the express
Words of the Patent, limiting the
Honours to Heirs Male; upon which,
Your Petitioner entered his Protest.
"Your Petitioner therefore most
humbly prays, Your Majesty
will be graciously pleased to give
such Directions as your Majesty shall think proper, for
declaring and establishing Your
Petitioner's Right and Title to
the Honour and Dignity of
Viscount of Oxfurd and Lord
Makgill of Cousland.
"And Your Petitioner shall
ever pray, &c.
"Oxfurd."
Ordered, That the said Petition be referred to the
Lords Committees for Privileges; whose Lordships are
to meet, to take the same into Consideration, on this
Day Month; and that Notice be given to Robert, Son
and Heir of Christian, Daughter of Robert last Viscount
of Oxfurd, in the Petition mentioned.
Marquis Annandale's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable the Trustees and Executors of the last Will
and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust
Estate in the Purchase of Securities affecting the
Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum
per Annum, to be assigned to the said Trustees, to
and for the same Uses and Trusts as by the said
Will are declared of and concerning the said Trust
Estate."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
L. Privy Seal.
L. Steward.
D. Montagu.
D. Atholl.
D. Kent.
D. Greenwich.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Scarbrough.
E. Rothes.
E. Marchmont.
E. Stair.
E. Ilay.
E. Strafford.
E. Aylesford.
Vis. Tadcaster.
Vis. Falmouth.
Vis. Torrington. |
L. B. London.
L. B. Sarum.
L. B. Carlisle.
L. B. Chester.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bristol. |
Ld. Abergavenny.
L. Delawarr.
L. Hunsdon.
L. Carteret.
L. Gower.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Cadogan.
L. King.
L. Hobart.
L. Malton.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
on Tuesday the 2d Day of April next, at Ten of
the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as
they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 19o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Cicestriens.
Epus. Bangor.
Epus. Meneven.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Athol.
Dux Montrose.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Cardigon.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
Comes Poulett.
Comes Cholmondeley.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Gower.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Dalzell, late L. Carnwath, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Dalzell, late Earl of Carnwath, to sue or
maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by
reason of his said Attainder, to take or inherit any
Real or Personal Estate that may or shall hereafter descend or come to him," was committed: "That they
had considered the said Bill, and examined the Allegations thereof, which they found to be true; and
that the Committee had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
His Majesty's Answer to the Congratulation on the Marriage of the Princess Royal.
The Lord Steward acquainted the House, "That
the Lords with White Staves had (according to Order)
attended His Majesty, with their Lordships Congratulations upon the happy Nuptials of the Princess
Royal with the Prince of Orange; and that His Majesty was pleased to say, "I take this Address very
kindly; and am glad that the Marriage of My Daughter with the Prince of Orange is so agreeable to the
House of Lords."
Salt Duties continuing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for granting and continuing the Duties upon Salt,
and upon Red and White Herrings, for the further
Term of Seven Years; and for licensing the erecting
of new Refiners of Rock Salt, in the Counties of
Essex and Suffolk."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Smith, for Payment of Morland's Debts, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming a Conveyance of divers Lands and
Hereditaments, in the County of Durham, late the
Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Lord Craven's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for discharging a certain Piece of Ground, called The
Pesthouse Field, from certain Charitable Trusts; and
for settling another Piece of Ground, of equal Extent,
and in a Place more convenient, upon the same
Trusts."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
And Messages were severally sent to the House of
Commons, by Mr. Thomas Bennet and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence to them.
River Weaver Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to extend the Navigation of the River Weaver, from
Winsford Bridge, to the Town of Namptwich, in the
County of Chester."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
L. Privy Seal.
D. Montrose.
D. Manchester.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Abingdon.
E. Scarbrough.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Ker.
Vis. Say & Seale.
Vis. Tadcaster.
Vis. Falmouth. |
L. B. London.
L. B. Rochester.
L. B. Chester.
L. B. Bangor.
L. B. Bristol. |
L. Abergavenny.
L. Delawarr.
L. Bruce.
L. Cornwallis.
L. Gower.
L. Foley.
L. Bathurst.
L. Malton.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
on Friday the 22d Instant, at Ten of the Clock
in the Forenoon, in the Prince's Lodgings near the
House of Peers; and to adjourn as they please.
Calverly to take the Name of Blackett, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Walter Calverley Esquire, now called Walter
Blackett Esquire, and his Issue Male, to take and use
the Surname of Blackett only, pursuant to the Will
of Sir William Blackett Baronet, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet at
the usual Time and Place, on Thursday the 21st
Instant; and to adjourn as they please.
Bill for exhibiting a Bill to naturalize the Prince of Orange.
The Lord Chief Justice of the Court of Common
Pleas (pursuant to the Order of Yesterday) brought in a
Bill, intituled, "An Act for exhibiting a Bill for
naturalizing the most Serene Prince William Charles
Henry Friso, Prince of Orange and Nassau."
And the same was read the First Time.
Ordered, That it be now read a Second Time.
And the same being accordingly done:
Ordered, That the said Bill be engrossed.
Mrs. Bristowe's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Trentham Common Enclosure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for enclosing the Common, or Waste, called Lightwood
Forest, otherwise Cocknage Banks, and Blurton Common,
in the Manor and Parish of Trentham, in the County
of Stafford."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Two preceding Bills.
And Messages were severally sent to the House of
Commons, by the former Messengers:
To carry down the said Bills, and desire their Concurrence to them.
City of London against Perkins & al.
The House being moved, "That Thursday the Fourth
Day of April next may be appointed, for hearing the
Cause wherein the Mayor, Commonalty, and Citizens,
of the City of London are Appellants, and Thomas
Perkins and others Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the 4th
Day of April next, as desired.
Boone's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for vesting certain Houses in Blechingly, in the County
of Surrey, late the Estate of George Evelyn Esquire,
deceased, in Charles Boone Esquire; and for settling
another Estate, of greater Value, on the Daughters
and Coheirs of the said George Evelyn, in Lieu of, and
Exchange for, the same."
Proposed, "That a Question be put, for passing the
Bill."
And a Debate arising thereupon:
Moved, "To adjourn the same till Thursday next."
Which being objected to;
The Question was put, "Whether the said Debate shall be adjourned till Thursday next?"
It was Resolved in the Negative.
Then the Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
And a Message was sent to the House of Commons,
by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
Bill to exhibit a Bill for naturalizing the Prince of Orange:
Hodie 3a vice lecta est Billa, intituled, "An Act
for exhibiting a Bill for naturalizing the most Serene
Prince William Charles Henry Friso, Prince of Orange
and Nassau."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
the Lord Chief Justice of the Court of Common Pleas
and Mr. Baron Comyns:
To carry down the said Bill, and desire their Concurrence thereunto.
Message from thence, with a Bill with the same Title.
A Message was brought from the House of Commons,
by Mr. Pulteney and others:
With a Bill, intituled, "An Act for exhibiting a Bill
in this present Parliament, for naturalizing his Highness the Prince of Orange;" to which they desire the
Concurrence of this House.
Message from thence, with Bills.
A Message was brought from the House of Commons,
by Mr. Turner and others:
With a Bill, intituled, "An Act to explain and
amend an Act passed in the Eleventh Year of the
Reign of His late Majesty King George the First, intituled, "An Act for the better regulating the
Manufacture of Cloth, in the West Riding of the County of York;" to which they desire the Concurrence of
this House.
A Message was brought from the House of Commons,
by Mr. Gybbon and others:
With a Bill, intituled, "An Act for stating and
determining the Accompts and Demands depending,
between the Corporation of the Governor and Company of Undertakers for raising the Thames Water
in York Buildings, and their Creditors and Debtors
respectively; to which they desire the Concurrence of
this House.
A Message was brought from the House of Commons,
by Mr. Plumtree and others:
With a Bill, intituled, "An Act for granting to
Samuel Buckley, Citizen and Stationer of London, the
sole Liberty of printing and re-printing the Histories
of Thuanus, with Additions and Improvements, during
the Time therein limited;" to which they desire the
Concurrence of this House.
Motion for shortening the Time for meeting of Committee on Marquis Annandale's Bill, to be considered.
The House being moved, "That the Standing Order,
requiring Fourteen Days Notice to be given of the
Meeting of Committees on Private Bills, may be so far
dispensed with, as that the Committee to whom the
Bill, intituled, "An Act to enable the Trustees and
Executors of the last Will and Testament of John
Vanden Bempde Esquire, deceased, to lay out Part of
the said Testator's Trust Estate in the Purchase
of Securities affecting the Marquis of Annandale's
Estate in Scotland, and carrying Interest after the
Rate of Five Pounds per Centum per Annum, to be
assigned to the said Trustees, to and for the same Uses
and Trusts as by the said Will are declared of and
concerning the said Trust Estate," stands committed,
may meet on a sooner Day than was first appointed,
lest there should not be Time sufficient for passing the
same:"
It is Ordered, That the said Motion be taken into
Consideration To-morrow; and the Lords to be summoned.
Her Majesty's Answer to the Message of Congratulation on the Marriage of the Princess of Orange.
The Earl of Chesterfield acquainted the House, "That
he and the other Lords, appointed by the Order of
Yesterday, had carried the Message of Congratulation
to Her Majesty, on the joyful Occasion of the
Marriage of the Princess Royal with the Prince of
Orange; and that Her Majesty was pleased to say,
"She was obliged to this House, for their Attention
upon this Occasion; and that She was thoroughly convinced of their Zeal and Regard for His Majesty and
the Royal Family."
Princess Royal, and Prince of Orange's Answer.
The Earl of Cholmondeley acquainted the House,
That he and the Lord Delawarr had (pursuant to the
Order of Yesterday) carried the Message of Congratulation to the Princess Royal and the Prince of
Orange, on the joyful Occasion of the late Solemnization of their Marriage; and that they were pleased
to say, "They had a due Sense of the Favour done
them by this House; and were glad that what gave Occasion for this Message met with their Lordships Approbation."
Dutchess of Hamilton against Manby, &c.
After hearing Counsel, upon the Petition and Appeal
of Elizabeth Dutchess of Hamilton; complaining of an
Order made by the late Lord Chancellor, the 25th of
March 1732, for dismissing the Appellant's Petition
to his Lordship to hear a Cause, formerly heard before
the Master of the Rolls, wherein Sir Thomas Orby and
the Lady Charlot Orby were Plaintiffs, and the Appellant and others Defendants, and refusing to hear the
said Cause; and praying, "That the said Order may
be reversed; and that the said Cause may be ordered
to be heard before the Lord Chancellor:" As also
upon the Answer of Edward Manby Esquire, Administrator of the Lady Charlot Orby his late Wife, deceased,
(who was Executrix of Sir Thomas Orby Baronet deceased, and Administratrix de Bonis non of Sir Thomas
Orby) put in to the said Appeal; and due Consideration
had of what was offered on either Side in this Cause:
Order reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Order complained of in the said Appeal be, and is
hereby, reversed: And it is hereby further Ordered,
That the Lord Chancellor do hear the said Cause, upon
Payment of such Costs, and upon such Terms, as the
Court of Chancery shall think fit.
Sharp and others peremptorily to answer Dundas's Appeal.
The House was informed, "That Thomas Sharp,
Alexander Hamilton, James Glen, and Andrew Majoribanks, Esquires, Respondents to the Appeal of
George Dundas and others, had not put in their Answer or respective Answers to the said Appeal, though
duly served with the Order of this House for that
Purpose."
And thereupon an Affidavit, made by James Daw
Writer in Edinburgh, of the due Service of the said
Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a
Week.
Price against Hamilton.
Upon reading the Petition and Appeal of Cromwell
Hamilton Price Esquire; complaining of an Interlocutor
of the Lord Ordinary, of the 7th of December 1733,
and of certain Interlocutors of the Lords of Session in
Scotland, of the 8th of January and 1st of February last
past, made on the Behalf of Major Gavin Hamilton;
and praying, "That the same may be reversed; and
that an Interlocutor of the said Lords of Session, of
the 7th of the same February, may be affirmed:"
It is Ordered, That the said Major Gavin Hamilton may have a Copy of the said Appeal; and he is
hereby required to put in his Answer thereunto, in
Writing, on or before Tuesday the 16th Day of April
next; and that Service of this Order on the Respondent's Agents or Procurators in the said Court of Session
be deemed good Service.
Twisleton's Claim to the Barony of Say & Seale;
Ordered, That the Deputy Keeper of the Records
in The Tower do attend the Lords Committees for Privileges To-morrow, with the Record of the Writ of Summons to Parliament of Sir James Fenys, 25o Hen. VI;
and the Record of the Patent in the same Year, appointing him Constable of Dover Castle.
Order for Records.
Ordered, That the Clerk of the Treasury of the
Common Pleas, or his Deputy, do attend the Lords
Committees for Privileges To-morrow, with the Record
of a Recovery suffered in Michaelmas Term 1701, by
Nathaniel late Lord Viscount Say and Sele, of the Manor
of Broughton, and other Manors and Lands in the
County of Oxon.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 20o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Eliens.
Epus. Hereford.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius:
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Litchfield.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Bill for exhibiting a Bill to naturalize the Prince of Orange:
Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, "An
Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Prince of
Orange."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Thomas Bennet and Mr. Edwards:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
Report of Committee, on Phelan's Petition:
The Lord Bathurst reported from the Lords Committees appointed to consider of the Petition of Mathias
Phelan, Second Son and Administrator of Richard Phelan, deceased; praying a Re-hearing of the Appeal of
James Devereux Esquire, formerly heard in this House,
to which the Petitioner's said Father was Respondent,
the same being afterwards revived against the Petitioner:
That the Committee have met, and considered the
Matter to them referred; and have examined the Petitioner, and other Persons employed in the said Cause,
upon Oath; and though it is alleged in the said Petition, "That the Petitioner never employed any
Agent to carry on the said Cause for him;" yet it appeared to the Committee, upon Examination, that
the Petitioner had given Directions in Ireland to the
same Agent who had been employed there by his
Father, and also to an Agent here in England, to do
what was necessary to bring on the said Cause to
Hearing; and that the said Cause was accordingly
brought to Hearing, in Pursuance of the said Directions: That it also appeared to the Committee,
that the said Petition contained several gross Misrepresentations; and that the Petitioner was not able
to make out the Allegations thereof, but prevaricated in his Evidence before their Lordships; and
therefore the Committee are of Opinion, That the
Petition should be rejected; and that the Petitioner
should receive such Censure, or Punishment, for such
his Prevarication and Misrepresentation, as the House
shall think fit."
Which Report, being read by the Clerk, was agreed
to by the House.
Petition rejected; and he to be reprimanded.
Ordered, That the said Petition be rejected; and
that the Petitioner, in regard of his Poverty, be only
reprimanded on his Knees, at the Bar, by the Lord
Chancellor, for his Offences mentioned in the said Report; and that he do attend this House To-morrow, for
that Purpose.
Committee on Marq. of Annandale's Bill, to meet on an earlier Day.
The House (according to Order) took into Consideration the Motion made Yesterday, for dispensing with
the Standing Order, in relation to the Meeting of Committees on Private Bills, so far as that the Committee to
whom the Bill, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of
John Vanden Bempde Esquire, deceased, to lay out
Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after
the Rate of Five Pounds per Centum per Annum, to be
assigned to the said Trustees, to and for the same
Uses and Trusts as by the said Will are declared of
and concerning the said Trust Estate," stands committed, may meet on a sooner Day than was at first appointed.
It is Ordered, That the said Standing Order be so
far dispensed with, as that the said Committee may
meet, to consider of the said Bill, on Tuesday next.
For paying off S. S. Bonds, Bill.
A Message was brought from the House of Commons,
by Sir James Lowther and others:
With a Bill, intituled, "An Act to explain an
Act passed in the last Session of Parliament, intituled,
An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities,
redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;"
so far as the said Act relates to the paying off the
Bonds of the said Company;" to which they desire
the Concurrence of this House.
The said Bill was read the First Time.
Stock-jobbing Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
prevent the infamous Practice of Stock-jobbing."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Friday next.
Fitzgerald against Eustace.
Ordered, That the Cause wherein Maurice Fitzgerald is Appellant, and Christopher Eustace Respondent,
appointed to be heard this Day, be put off to Friday
next.
Salt Duties, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting and continuing the
Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for
licensing the erecting new Refineries of Rock Salt, in
the Counties of Essex and Suffolk."
And, after some Time spent therein, the House was
resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Buckley's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
granting to Samuel Buckley, Citizen and Stationer of
London, the sole Liberty of printing and re-printing
the Histories of Thuanus, with Additions and Improvements, during the Time therein limited."
Yorkshire Cloth, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
explain and amend an Act passed in the Eleventh
Year of the Reign of His late Majesty King George
the First, intituled, An Act for the better regulating
the Manufacture of Cloth, in the West Riding of the
County of York."
Ordered, That the said Bill be read a Second
Time on Monday next.
White against Skeene & al.
The House was informed, "That the Parties in
the Cause wherein Frances White is Appellant, and
George Skeene & al. are Respondents, which stands
appointed to be heard on Friday next, were upon
Terms of an Agreement; and therefore were desirous
that the Hearing might be put off."
And thereupon the Agents on both Sides being
called in, and heard at the Bar;
And withdrawn:
It is Ordered, That the Hearing of the said Cause
be adjourned to the First vacant Day for Causes after
those already appointed.
Boithwell, claiming the Title of Lord Halyrudhous, Petition to the King, to have his Right declared.
The Lord Harrington (by His Majesty's Command)
presented to the House a Petition of Henry Lord Halyrudhous, presented to His Majesty; praying, "That
His Majesty will be pleased to give Directions for
declaring and establishing the Petitioner's Right and
Title to the Honour and Dignity of Lord Halyrudbous;" with His Majesty's Reference thereupon to
this House.
Which Petition and Reference were read by the
Clerk, and are as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of Henry Lord Halyrudhous;
"Humbly sheweth,
"That His Majesty King James the 6th of Scotland
was graciously pleased, the 20th of December 1607,
by a Grant under the Great Seal of Scotland, to
create Mr. John Boithwell, One of the Senators of
the College of Justice, a Peer of Scotland, by the
Title of Lord Halyrudhous, and to the Heirs Male
lawfully to be procreat of his Body; which failing,
to the Heirs Male of Adam Bishop of Orkney, Father
of the said Mr. John Boithwell; which failing, to the
lawful and nearest Heirs and Assigns of the said Mr.
John Boithwell.
"That the said John, First Lord Halyrudhous, was
succeeded in the said Honour by John his only Son,
who died in 1635, a Batchelor.
"Whereupon the said Honour and Dignity did,
agreeable to the said Grant, devolve upon the Heirs
Male of William Boithwell, the Second Son of the said
Adam Bishop of Orkney, Uncle to the last mentioned
John Lord Halyrudhous.
"The said William was succeeded by Adam Boithwell, his Eldest Son and Heir.
"The said Adam Boithwell was succeeded by Alexander Boithwell, his Eldest Son and Heir.
"The said Alexander was succeeded by Alexander his
Eldest Son (Your Petitioner's Father); who was, according to the Method used in Scotland, by Verdict
of Fifteen Gentlemen upon Oath, served or returned
Heir to the said Adam Boithwell his Grandfather,
who was Grandson to the said Adam Bishop of Orkney.
"That Your Petitioner is the Eldest Son and Heir
of the said last mentioned Alexander Boithwell, and,
as such, was in like Manner, the 8th Day of February last, served or returned Heir to him; and Your
Petitioner was also then served or returned Heir to
the said John last Lord Halyrudhous: So that, the
Issue of the said John Lord Halyrudhous having failed,
Your Petitioner, as the Male Descendant and right
Lineal Heir, humbly apprehends he has an undoubted
Right to the Honour, Title, and Dignity, of Lord
Halyrudhous.
"Your Petitioner therefore most humbly prays,
Your Majesty will be graciously pleased to
give such Directions as Your Majesty shall
think proper, for declaring and establishing Your Petitioner's Right and Title to
the Honour and Dignity of Lord Halyrudhous.
"And Your Petitioner shall ever pray.
"Halyrudhous."
"Whitehall, 19th March, 173¾.
"His Majesty, having been moved upon this Petition, is graciously pleased to refer the same to the
House of Peers, to examine the Allegations thereof,
as to what relates to the Petitioner's Title therein
mentioned; and to inform His Majesty how the same
shall appear to their Lordships.
"Harrington."
Ordered, That the said Petition be, and is hereby,
referred to the Lords Committees for Privileges.
Dalzell, late E. of Carnwath, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Robert Dalzell, late Earl of Carnwath, to sue
or maintain any Action or Suit, notwithstanding his
Attainder; and to remove any Disability in him, by
reason of his said Attainder, to take or inherit any
Real or Personal Estate that may or shall hereafter
descend or come to him."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
the former Messengers:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
For cutting Hedges by Highways, Bill.
The House being moved, "That the Order for committing the Bill, intituled, "An Act to explain and
make more effectual the Laws in being, to oblige the
Possessors of Lands, adjacent to Common Highways,
to cut and keep low such Hedges as are adjoining to
the said Highways," to a Committee of the whole
House, be discharged; and that the said Bill may be
committed to a Select Committee:"
It is Ordered, That the said Order be discharged
accordingly; and that the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
L. Chamberlain.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Kent.
D. Newcastle.
D. Manchester.
M. Lothian.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Abingdon.
E. Scarbrough.
E. Cholmondeley.
E. Dunmore.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
Viscount Tadcaster.
Viscount Cobham. |
L. Bp. London.
L. Bp. Durham.
L. Bp. Bangor.
L. Bp. Norwich.
L. Bp. Bristol. |
Ld. Abergavenny.
L. Delawarr.
L. Bruce.
L. Craven.
L. Carteret.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Malton.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
on Tuesday the 26th Instant, at Ten of the Clock
in the Forenoon, in the Prince's Lodgings near
the House of Peers; and to adjourn as they
please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
vicesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.