February 1736, 1-10
Anno 10o Georgii Secundi.
DIE Martis, 1o Februarii 1736.
DIE Martis, 1o Februarii 1736, Annoque Regni
Serenissimi Domini Nostri Georgii Secundi, Dei
Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Regis,
Fidei Defensoris, &c. Decimo, in quem Diem hæc Tertia Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ
Britanniæ apud Westmonast. convenere, Domini tam
Spirituales quam Temporales quorum Nomina subscribuntur, et præsentes fuerunt:
Fredericus Princeps Walliæ.
|
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Cicestr.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Epus. Asaphen. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Pembroke & Montgomery.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berkshire.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Essex.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Findlater.
Comes Bredalbane.
Comes Dunmore.
Comes Portmore.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Dartmouth.
Comes Rockingham.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. North & Guilford.
Ds. Clifton.
Ds. Poulet.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Herbert.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
Parliament held by Commission.
The Lord Chancellor acquainted the House, "That,
it not being convenient for His Majesty to be Personally present here this Day, He had been pleased
to cause a Commission under the Great Seal to be
prepared, in order to the holding this Parliament."
The House was adjourned during Pleasure, to robe.
The House was resumed.
Then Five of the Lords Commissioners (in their Robes)
being seated on a Form placed between the Throne and
the Woolsack; the Lord Chancellor in the Middle; with
the Lord President and the Duke of Richmond on his
Right Hand; and the Lord Steward and the Duke of
Dorset on his Left; commanded the Gentleman Usher
of the Black Rod to let the Commons know, "That
the Commissioners desire them to come, and hear His
Majesty's Commission read."
Who being come, with their Speaker;
The Lord Chancellor said,
"My Lords, and Gentlemen,
"We are commanded by His Majesty to let you
know, that, it not being convenient for Him to be
present here this Day in His Royal Person, He hath
thought fit, by Letters Patent under the Great Seal,
to empower his Royal Highness the Prince of Wales,
and several Lords therein named, to do all Things, in
His Majesty's Name, which are to be done on His
Majesty's Part in this Parliament, as by the Letters
Patent will more fully appear."
Which were read, by the Clerk, as follow:
"GEORGE R.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To all to whom these Presents
shall come, Greeting Whereas We have lately, for
divers difficult and pressing Affairs, concerning Us,
the State and Defence of Our Kingdom of Great Britain and the Church, ordained this Our present Parliament to begin, and to be held at Our City of Westminster, the Thirteenth Day of June, in the Eighth
Year of Our Reign; which Our Parliament from
thenceforth was prorogued, by Our several Writs, until and to the Fourteenth Day of January, in the
Eighth Year aforesaid, and there lately holden; and
from thence, by several Adjournments and Prorogations, was adjourned and prorogued to and until Tuesday the First Day of February next, then to be held,
and sit at Our City of Westminster aforesaid: And forasmuch as, for certain Causes, We cannot conveniently be present, in Our Royal Person, in Our said
Parliament, upon the said First Day of February next:
Know ye, that We, trusting in the Discretion, Fidelity, and Care, of Our most Dear and Entirely-beloved Son and most Faithful Counsellor Frederick
Prince of Wales; Our Well-beloved and Faithful
Counsellor Charles Lord Talbot Our Chancellor of
Great Britain; Our most Dear Cousins and Counsellors Spencer Earl of Wilmington President of Our Council, Francis Earl of Godolphin Keeper of Our Privy
Seal, William Duke of Devonshire Steward of Our
Household, Charles Duke of Graston Chamberlain
of Our Household, Charles Duke of Richmond, John
Duke of Argyll and Greenwich, Thomas Holles Duke
of Newcastle One of Our Principal Secretaries of State,
Lionel Duke of Dorset, Henry Earl of Pembroke and
Montgomery, Richard Earl of Scarbrough, Archibald
Earl of Ilay, Our Well-beloved and Faithful Counsellors William Lord Harrington One of Our Principal
Secretaries of State, and Philip Lord Hardwicke Our
Chief Justice appointed to hold Pleas before Us; by
the Advice of Our said Council, do give and grant,
by the Tenor of these Presents, unto the said Prince
of Wales, Our Chancellor of Great Britain, President
of Our Council, Keeper of Our Privy Seal, Steward
of Our Household, Chamberlain of Our Household,
Duke of Richmond, Duke of Argyll and Greenwich,
Duke of Newcastle, Duke of Dorset, Earl of Pembroke and Montgomery, Earl of Scarbrough, Earl of
Ilay, Lord Harrington and Lord Hardwicke, and any
Three of them, full Power, in Our Name, to hold
Our said Parliament; and to open and declare, and
cause to be opened and declared, the Causes of holding the same; and to proceed upon the said Affairs
in Our said Parliament, and in all Matters arising
therein, and to do every Thing which for Us, and by
Us, for the good Government of Our said Kingdom
of Great Britain, and of other Our Dominions belonging to Our said Kingdom, shall be therein to be
done; and also, if necessary, to continue, adjourn,
and prorogue, Our said Parliament; commanding
also, by the Tenor of these Presents, with the Consent of Our said Council, as well all and every the
Archbishops, Bishops, Earls, Viscounts, Barons, and
Knights, as all others whom it concerns to meet in
Our said Parliament, that to the same Prince of
Wales, Our Chancellor of Great Britain, President of
Our Council, Keeper of Our Privy Seal, Steward of
Our Household, Chamberlain of Our Household,
Duke of Richmond, Duke of Argyll and Greenwich,
Duke of Newcastle, Duke of Dorset, Earl of Pembroke and Montgomery, Earl of Scarbrough, Earl of
Ilay, Lord Harrington and Lord Hardwicke, and any
Three of them, they diligently intend in the Premises, in the Form aforesaid. In Witness whereof,
We have caused these Our Letters to be made Patent.
"Witness Ourself, at Westminster, the Thirty-first
Day of January, in the Tenth Year of Our
Reign.
"By the King Himself, signed with His own
Hand.
"Bisse & Bray."
The Commission being ended; the Lord Chancellor
said,
Commissioners Speech.
"My Lords, and Gentlemen,
"In Pursuance of the Authority given us by His
Majesty's Commission under the Great Seal, amongst
other Things, to declare the Causes of His holding
this Parliament; we are, by His Majesty's Command,
in the First Place, to observe to you, that His Majesty
acquainted you last Year, that He had, in Conjunction
with The States General, given His Approbation of
certain Preliminary Articles, concerted and agreed
upon between the Emperor and France, for restoring
the Peace of Europe; and that a further Convention
concerning the Execution of them had been communicated to Him by both those Courts; and that Negotiations were carrying on, by the several Powers engaged in the late War, in order to settle the general
Pacification.
"We are now commanded by His Majesty to inform
you, that, the respective Acts of Cession being exchanged, and Orders given for the Evacuation and
Possession of the several Countries and Places by the
Powers concerned, according to the Allotment and
Disposition of the Preliminary Articles, the great
Work of re-establishing the general Tranquillity is
far advanced: However, it is His Majesty's Opinion,
that common Prudence calls upon us to be very attentive to, and observe the final Conclusion of, this
new Settlement of such considerable Parts of Europe.
It is to be hoped, that a general and lasting Tranquillity will follow this Restitution of Peace; and that
the Renewal of Friendship and Alliances, for the Preservation of it among the several Princes and Powers
of Europe, will remove all Dangers and Apprehensions
of any new Troubles and Disorders: But His Majesty
apprehends, that an indolent Security, and too great
a Disregard to future Events, may occasion Mischiefs
more easy to be prevented than to be remedied; and
that it would be very unadviseable to leave ourselves
in so defenceless a Condition, as to encourage any
Enterprizes which the Enemies to the public Peace
may have vainly suggested, and flattered themselves
with the Hopes of.
"Gentlemen of the House of Commons,
"His Majesty has ordered the proper Officers to lay
before you the Estimates for the Service of the current Year, as soon as the Circumstances of the Times
would permit: His Majesty was pleased to make such
a Reduction of some Part of the Public Expences,
for the Ease of His People, as was consistent with the
Peace and Safety of His Kingdoms, the Security of
our Commerce, and the Honour and Interest of the
Nation.
"My Lords, and Gentlemen,
"His Majesty hath been graciously pleased to direct
us to acquaint you, that He hath seen with the
greatest Satisfaction the unwearied Application of
this Parliament, in framing good Laws, for advancing
the Prosperity, and securing the Welfare, of His loving
Subjects; and that it hath been One of His Majesty's
principal Cares, to enforce them by a due Execution,
with the strictest Regard to the Rights and Properties
of His People; no Invasion whereof can with any Colour be suggested by the most malicious Enemies of
the present Establishment. Whilst this hath been our
Condition, His Majesty cannot but observe, that it
must be Matter of the utmost Surprize and Concern
to every true Lover of his Country, to see the many
Contrivances and Attempts carried on, in various
Shapes, and in different Parts of the Nation, tumultuously to resist and obstruct the Execution of the
Laws, and to violate the Peace of the Kingdom.
These Disturbers of the public Repose, conscious that
the Interest of His Majesty and His People are the
same, and of the good Harmony which happily subsists between Him and His Parliament, have leveled
their Sedition against both; and in their late Outrages,
have either directly opposed, or at least endeavoured
to render ineffectual, some Acts of the whole Legislature. His Majesty, in His great Wisdom, thinks it
affords a melancholy Prospect, to consider to what
Height these audacious Practices may rise, if not
timely suppressed; and that it deserves no small Attention, that they may go on to affect private Persons
in the quiet Enjoyment of their Property, as well as
the general Peace and good Order of the Whole. His
Majesty apprehends it to be unnecessary to enlarge
upon a Subject of this Nature; and therefore hath
commanded us barely to mention it to you, who, by
the constant Tenor of your Conduct, have shewn that
you consider the Support of His Authority, and the
Security of His Government, as inseparable from the
Preservation of the public Tranquillity, and your own
Safety."
Then the Commons withdrew.
And the House was adjourned during Pleasure, to
unrobe.
The House was resumed.
PRAYERS.
Certificate of the Election of E. of Bredalbane.
The Deputy Clerk of the Crown in Chancery, having
delivered a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation,
is chosen to sit and vote in this House, in the room of
the Earl of Balcarras, deceased:
The same was read, by the Clerk, as follows:
"May it please your Lordships,
"We do hereby certify, that, by virtue of Her
Majesty's Proclamation of the Second of September,
One Thousand Seven Hundred and Thirty-six, a
Certificate, under the Hands and Seals of Mr. John
Murray and Mr. Thomas Gibson, Clerks of Session attending the Election aftermentioned, in virtue of the
Lord Register's Commission to them granted, has
been delivered into the Crown-office in Chancery;
whereby it appears, that John Earl of Breadalbane
was unanimously elected and chosen to sit and vote in
the House of Peers, in this present Parliament, in the
room of Alexander Earl of Balcarras, deceased.
"Given under our Hands, this Fourth Day of
November, 1736.
"Stephen Bisse
&
Thomas Bray,
Clerk of the Crown.
E. Westmorland takes his Seat;
John Earl of Westmorland sat first in Parliament,
after the Death of his Brother Thomas Earl of Westmorland.
and Lord Clifton.
Also, Edward Lord Clifton of Laighton Brumswold, after
the Death of his Uncle Edward Lord Clifton.
Whose Lordships, together with John Earl of Breadalbane and Isaac Lord Bishop of St. Asaph, 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:
Poor's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
to prevent the Poor's being defrauded."
The Lord Chancellor reported the Speech of the
Lords Commissioners for holding the Parliament.
And the same being afterwards read by the Clerk:
Order for Address.
Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That an humble Address be
presented to His Majesty, "To express our unalterable
Duty and Affection to His Person and Government:
To declare, that our real Regard for the common
Interests of Europe, in which it is impossible for this
Nation to be unconcerned, makes us take great Satisfaction in being acquainted that the Re-establish
ment of the general Tranquillity is far advanced; and
in the pleasing Hopes that all Dangers and Apprehensions of new Troubles may be happily removed:
To express our just Sense of the fresh Instances His
Majesty has given of His Royal Concern for our Welfare, by putting us in Mind to be attentive to the Conclusion of this great Work; and to assure Him, that
we cannot make so unbecoming a Return for His
Goodness in avoiding to involve this Nation in a
War, as to shew any Signs of an indolent Security,
or to leave ourselves in a defenceless Condition:
To give His Majesty the strongest Assurances, that
we will chearfully concur in all such Measures as
shall be necessary, to maintain the Honour and Safety
of His Majesty and His Government, and the true
Interest of His Kingdoms: To testify our Gratitude
for His Majesty's gracious Approbation of the Conduct of this Parliament; for His vigilant Care duly to
execute the Laws, and protect the Rights and Properties of His Subjects: To declare our Detestation
of the late insolent Riots and Tumults, carried on in
Defiance of the Law, and in Opposition to the Authority of His Majesty and His Parliament, so happily
united in their Views and Interests: To express our
humble Opinion, that such audacious Practices ought
to be timely suppressed; and to assure His Majesty,
that our Endeavours and Assistance shall never be
wanting, to support His Authority, and to preserve the
Quiet and Security of the Nation."
Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the said
Order; (videlicet,)
|
L. President.
L. Steward.
L. Chamberlain.
D. Richmond.
D. Newcastle.
D. Greenwich.
D. Dorset.
E. Warwick.
E. Chesterfield.
E. Scarbrough.
E. Cholmondeley.
E. Ilay.
E. Rockingham.
E. Harborough.
Vis. Torrington. |
L. Poulet.
L. Carteret.
L. Bathurst.
L. Onslow.
L. Monson. |
Their Lordships, or any Five of them; to meet
immediately, in the Prince's Lodgings.
The House was adjourned during Pleasure; and the
Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
And the Lord Poulet reported from the said Committee and Address, drawn by them, as follows; (videlicet,)
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament
assembled, beg Leave to approach Your Throne,
with Hearts full of that Zeal and Affection for Your
Person and Government, which become the most faithful Subjects to the Best of Kings.
"Our Duty and Gratitude to Your Majesty have,
on many Occasions of this Nature, called upon us to
lay at Your Royal Feet our thankful Acknowledgements, for preserving to Your own Subjects the Blessings of Peace: And the additional Motive of our unfeigned Regard to the common Interests of Europe, in
which it is impossible for this Nation to be unconcerned, makes us now receive with great Satisfaction
Your gracious Communication, that the Re-establishment of the general Tranquillity is far advanced.
"How happy and secure soever Your Majesty's Wisdom, under the Protection of the Divine Providence,
may render these Kingdoms; it was impossible for us
to remain wholly unaffected with the Miseries of
War suffered by other Parts of Christendom; and
we cannot but rejoice in the pleasing Hopes that all
Dangers and Apprehensions of new Troubles may be
happily removed.
"At the same Time, we esteem it a fresh Instance
of Your Majesty's never-failing Care of the public
Welfare, that You put us in Mind to be attentive to
the final Conclusion of this great Work. As Your
Majesty hath on Your Part distinguished Your Paternal Tenderness for Your People, in not permitting
them to be hastily involved in the Calamities of
War; it would be the most unbecoming Return for
so great a Benefit, to shew any Signs of an indolent
Security. And we beseech Your Majesty, to accept
the strongest and most affectionate Assurances, that we
can never entertain the least Thought of leaving ourselves in a defenceless Condition: But that we will
always chearfully concur in all such Measures as shall
be necessary, to maintain the Honour and Safety of
Your Majesty and Your Government, and the true
Interest of Your Kingdoms.
"The gracious Approbation which Your Majesty is
pleased to give of the Conduct of this Parliament
affords us great Comfort and Encouragement; and
Your vigilant Care to execute the Laws with Justice
and Impartiality, and to protect the Rights and Properties of all Your Subjects, sills our Minds with the
most lasting Impressions of Thankfulness: Under this
deep Sense of our Obligations to Your Majesty, we
cannot sufficiently express our Detestation of those insolent Riots and Tumults which have of late appeared
in different Parts of the Kingdom, in Defiance of the
Law, and Violation of the Public Peace. Every Part
of the Behaviour of these daring Offenders appears
to us as weak and unreasonable as it is wicked; except
that they have considered the Interests and Views of
Your Majesty and Your Parliament as being so closely
united, that it was impossible to traduce or oppose the
one without including the other. Our Duty, as well
as our Safety, makes it incumbent upon us to give
another Mark of this happy Union, by testifying our
humble Concurrence in Your Majesty's just Opinion,
that such audacious Practices ought to be timely suppressed: And as we do, with the firmest Confidence,
rely on Your Majesty's Authority being prudently
and vigorously exerted for this necessary End; so we
assure Your Majesty, with the greatest Sincerity,
that our Endeavours and Assistance shall never be
wanting, to support that Authority, and to preserve
the Quiet and Security of the Nation."
Which Address, being read by the Clerk, was
agreed to by the House.
Ordered, That the same be presented to His Majesty by the Lords with White Staves.
Committee. Privileges.
Lords Committees appointed to consider of the Customs and Orders of the House, and Privileges of
Parliament, and of the Peers of Great Britain and
Lords of Parliament.
|
Ld. Chancellor.
Ld. President.
Ld. Steward.
Ld. Chamberlain.
D. Richmond.
D. St. Albans.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Buccleuch.
D. Athol.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
D. Dorset.
D. Bridgewater.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Berks.
E. Peterborow.
E. Winchilsea.
E. Chesterfield.
E. Essex.
E. Shaftesbury.
E. Litchfield.
E. Scarbrough.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Jersey.
E. Grantham.
E. Cholmondeley.
E. Craufurd.
E. Morton.
E. Findlater.
E. Bredalbane.
E. Dunmore.
E. Portmore.
E. Ilay.
E. Oxford.
E. Dartmouth.
E. Rockingham.
E. Aylesford.
E. Halifax.
E. Cowper.
E. Stanhope.
E. Harborough.
E. Pomfret.
E. Graham.
E. Kerr.
E. Fitzwalter.
V. Cobham.
V. Falmouth.
V. Lymington.
V. Torrington. |
L. B. Durham.
L. B. Oxon.
L. B. Rochester.
L. B. Chichester.
L. B. Sarum.
L. B. St. Davids.
L. B. Carlisle.
L. B. Glocester.
L. B. Bristol.
L. B. St. Asaph. |
L. Harrington, Sec.
L. Abergavenny.
L. Delawarr.
L. Willoughby Br.
L. North & Guilford.
L. Clifton.
L. Poulet.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Hervey.
L. Cathcart. |
Their Lordships, or any Seven of them; to meet
on Monday next, at Ten of the Clock in the
Forenoon, in the House of Peers, and every
Monday after; and to adjourn as they please.
Committee for the 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 former Sessions of Parliament.
|
Ld. Chancellor.
Ld. President.
Ld. Steward.
Ld. Chamberlain.
D. Richmond.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Ancaster, L. G. C.
D. Portland.
D. Greenwich.
D. Manchester.
E. Warwick.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Scarbrough.
E. Cholmondeley.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Cowper.
E. Harborough.
E. Pomfret.
V. Lymington.
V. Torrington. |
L. Bp. Oxon.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Glocester.
L. Bp. Bristol.
L. Bp. St. Asaph. |
L. Harrington, Sec.
L. Delawarr.
L. Clifton.
L. Cornwallis.
L. Carteret.
L. Foley.
L. Bathurst.
L. Onslow.
L. Monson.
L. Lovell.
L. Hardwicke. |
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 the Streets, and the Passages between Charing Cross
and 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
Charing Cross and The Old Palace Yard, 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.
Cause Days appointed.
Ordered, That the Cause wherein Catherine Baldwin Executrix, and George Horner Executor, of Thomas
Baldwin deceased, are Appellants, and Gabriel Van
Gharrante and others are Respondents, which was the
First Cause upon the Paper lest unheard at the Close
of the last Session of Parliament, be heard, by Counsel on both Sides, at the Bar, on Monday next; and
that the other Causes formerly appointed, and remaining unheard, be proceeded in on the Wednesdays, Fridays, and Mondays following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis,
tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 3o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen. |
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Marlborough.
Dux Buccleuch.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Manchester.
Dux Dorset.
Comes Northampton.
Comes Berkshire.
Comes Warwick & Holland.
Comes Winchilsea.
Comes Shaftesbury.
Comes Scarbrough.
Comes Albemarle.
Comes Morton.
Comes Findlater.
Comes Dunmore.
Comes Strafford.
Comes Rockingham.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Viscount Fauconberg.
Viscount Lymington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Clifton.
Ds. Maynard.
Ds. Carteret.
Ds. Cathcart.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Dutchess of Bucks against Sheffieild & al.
The Answer of John Walker Doctor in Divinity and
Charlotte his Wife, to the Appeal of Katherine Dutchess
of Buckinghamshire and Normanby:
Edgworth against Edgworth.
Also, the Answer of Packington Edgworth Esquire,
to the Appeal of Edward Edgworth Esquire;
Were brought in.
His Majesty's Answer to Address.
The Lord Steward acquainted the House, "That the
Lords with White Staves had (according to Order)
presented to His Majesty their Address of Tuesday
last; to which His Majesty was pleased to give this
Gracious Answer; (videlicet,)
"My Lords,
"I thank you for this dutiful and loyal Address.
The Affection you shew to My Person and Government gives Me the greatest Satisfaction.
"My principal Care is, to secure to My People the
Blessings of Peace, and the full and undisturbed
Enjoyment of all their Civil and Religious Rights,
and to preserve the Tranquillity and good Order of
the Kingdom.
"The Continuance of the good Harmony between
Me and My Parliament will enable Me to pursue
with Effect those great and desireable Ends."
Ordered, That the said Address, and His Majesty's
most Gracious Answer thereunto, be forthwith printed
and published.
Ld. Dudley & Ward against Brabazon: Account of Proceedings in Ireland transmitted.
The Lord Chancellor acquainted the House, "That,
he having wrote to the Lord Chancellor of Ireland,
pursuant to their Lordships Directions the last Session
of Parliament, touching the Matter of the Possession
of certain Lands in that Kingdom claimed by the
Lord Dudley and Ward, he had received Two Letters from the said Lord Chancellor, and Two Orders
of the Court of Chancery in Ireland, in relation to that
Matter."
And the same were read, by the Clerk, as follow:
"Dublin, July 14th, 1736.
"My Lord,
"Enclosed I return to your Lordship an Account of
what has been done in the Court of Chancery of
Ireland, in Pursuance of the Orders of the House of
Lords of Great Britain, made the 23d Day of March
last, and transmitted with your Lordship's Letter
dated the 24th Day of the same Month, but not delivered to me till the 25th Day of May. I had made
this Return immediately after the herewith enclosed
Order was pronounced, but that I thought it more
proper to defer it till after the last Seal, that, if any
Application had been made in Behalf of the Lord
Dudley and Ward, I might have informed your Lordship of what had been done upon it. As no one
has appeared on his Lordship's Behalf, I think it my
Duty to make this Return of what has been hitherto
done, in Obedience to the Order of the House of
Lords.
"I send this by the Post, as the most expeditious
Method of conveying it; but, if your Lordship should
chuse to have it sent by a Messenger, I will transmit
another Office-copy of the Order, in that or any other
Manner which I shall know to be most agreeable to
your Lordship.
"I am, my Lord,
Your Lordship's most faithful
and obedient Servant,
Wyndham, C.
"To the Right Honourable the
Lord Talbot, Lord High Chancellor of Great Britain."
"Friday, the 4th June, 1736.
"Lord Chancellor:
"Whereas a Packet, sealed up, directed to the
Right Honourable Thomas Lord Wyndham, Lord High
Chancellor of Ireland, was, on the Twenty-fourth
Day of May last, delivered to his Lordship by Jeffry French Esquire; in which Packet was contained
the following Orders and Letter; videlicet,
"Die Martis, 23o Martii, 1735.
"Upon Report from the Lords Committees for Privileges, to whom was referred a Petition of William
Lord Dudley and Ward, presented to this House the
29th of April 1735, praying to be put into Possession
of all such Lands as the Earl and Countess of Meath
obtained Possession of, by or under Orders of the
House of Lords in Ireland; and to whom was likewise referred a Petition of Edward Brabazon Esquire,
presented to this House the 13th of February last,
praying to be heard, by Counsel, before any Order
should be made upon the Petition of the said Lord
Dudley and Ward: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That
the Court of Chancery in Ireland (in whom the Jurisdiction which formerly belonged to the Court of
Chancery of the Regalities and Liberties of the
County Palatine of Tipperary is now vested) do cause
the said William Lord Dudley and Ward to be put into
the Possession of all such lands as the said Earl and
Countess of Meath obtained Possession of, by or under Colour of the Order of the House of Lords in
Ireland, of the 12th of February 1703.
"Wm. Cowper,
Cler. Parliamentor."
"Die Martis, 23o Martii, 1735.
"Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Lord Chancellor
do transmit the Order of this House, for putting the
Lord Dudley and Ward into Possession of all such Lands
as the Earl and Countess of Meath obtained Possession of by or under Colour of the Order of the
House of Lords in Ireland, of the 12th of February
1703, to the Lord Chancellor of Ireland; commanding him, at the same Time, to return as soon as he
can an Account of what shall be done therein.
"Wm. Cowper,
Cler. Parliamentor."
"My Lord,
"By Order of the House of Lords (a Copy whereof
I herewith send you), I transmit to your Lordship the
Order of the said House; whereby the Court of
Chancery in Ireland is commanded to put William
Lord Dudley and Ward into Possession of all such
Lands as the Earl and Countess of Meath obtained
Possession of, by or under Colour of the Order of
the House of Lords in Ireland, of the 12th of February
1703. Your Lordship will let me know, as soon
as can be, what is done in Pursuance of their Lordships Order; as you see, by the abovementioned
Copy, I am ordered to require of you.
"I am,
"Your Lordship's most faithful Servant,
"London, 24th March,
1735."
"Talbot, C.
"And the said Jeffry French having made an Affidavit, on the Twenty-eighth Day of May last, of the
Delivery of the said Packet to his Lordship; and that
the same was neither opened nor altered, from the
Time he the said Jeffry French received the same
from Mr. Perkins, Secretary to the Right Honourable
the Lord Talbot Lord Chancellor of Great Britain, to
the Time the same was so delivered: Which Affidavit being produced to his Lordship on the Twentyninth of May aforesaid, his Lordship consulted with
all the Lords the Judges upon the Matter; and they
and his Lordship being unanimously of Opinion,
that the said Orders of the House of Lords of
Great Britain, and Letter, were sufficiently proved
to have been transmitted to his Lordship by the Lord
Chancellor of Great Britain; his Lordship this Day,
in Court, delivered the said Orders of the Lords and
Letter to the Register of this Court; and at the
same Time directed the said Register to read the same,
as also the said Affidavit; which the Register having
accordingly done, his Lordship thereupon declared,
"That he would make the said First-recited Order
of the House of Lords of Great Britain an Order of
this Court, unless any Person concerned for the Lord
Dudley and Ward, in the said Order mentioned,
should desire the same to be deferred; or that any
other Person should shew any legal Objection to the
contrary."
"Whereupon Robert Marshall Esquire, Barrister at
Law, informed the Court, "That, notwithstanding
he was interested in some Part of the Lands which
the said Lord Dudley and Ward laid Claim to, he
would pay strict Obedience to the Order of the House
of Lords of Great Britain;" and moved his Lordship, "That it might be taken Notice of by the Register, that, though he was a Member of the Parliament of this Kingdom, he now in Court waived any
Privilege he might thereby have, so as to hinder
the Execution of the said Order of the House of
Lords;" it having been surmised to him, by the Lord
Dudley and Ward's Agents and Managers, "That they
dared not venture to proceed on the said Order,
for fear of committing a Breach of Privilege."
"And Mr. Francis Lodge, Agent and Manager for
Edward Brabazon Esquire (in the said First-recited
Order mentioned), appearing likewise in Court, and
making the like Declaration for Mr. Brabazon that
Mr. Marshall had made for himself, and declaring
he did so by the Orders and Direction of the said
Mr. Brabazon; his Lordship again asked, "Whether
there was any Person in Court concerned for the
Lord Dudley and Ward?" And no Person appearing
for the said Lord Dudley and Ward: It is Ordered,
by his Lordship, That the said First-mentioned Order of the House of Lords of Great Britain, bearing
Date the Twenty-third Day of March One Thousand
Seven Hundred and Thirty-five, be, and is hereby,
received and made an Order of this Court. And
his Lordship was also pleased to declare, That, at
any Time, upon the said Lord Dudley and Ward, or
those concerned for him, ascertaining what Lands
the Earl and Countess of Meath (in the said Order
mentioned) obtained Possession of, by or under Colour of the Order of the House of Lords in Ireland,
of the Twelfth of February One Thousand Seven
Hundred and Three, he would order an Injunction
to issue, in due Form, to cause the said Lord Dudley
and Ward to be put into the Possession of such Lands;
and also make such further Order or Orders as
should, from Time to Time, be thought necessary for
carrying the said Order of the Lords of Great Britain into Execution.
"Wm. Cooper, D. Rr."
"Dublin, August 6, 1736.
"My Lord,
"I returned to your Lordship, in a Letter of the
14th of July last, an Account of what had been
done in the Court of Chancery in Ireland, in Pursuance of the Orders of the House of Lords of
Great Britain, made on the 23d and 24th of
March last; which Account I hope your Lordship
received.
"I now transmit to your Lordship an Order made
on the 6th of July last, in the Court of Chancery
here, upon the Application of the Lord Dudley and
Ward's Counsel, in Pursuance of the Order of the
4th of June last.
"I thought it most proper not to make this Return
until all the public Sittings of the Court were over;
and take this First Opportunity of sending this Letter, with the Order of the 6th of July last enclosed,
by Mr. Jones, One of the Six Clerks of the Court of
Chancery here.
"I am, my Lord,
Your Lordship's most faithful
and obedient Servant,
Wyndham.
"To the Right Honourable the
Lord Talbot, Lord High Chancellor of Great Britain."
"Tuesday, the 6th July, 1736.
"Lord Chancellor:
"Whereas, by an Order bearing Date the Twentythird Day of March last, made by the Lords Spiritual and Temporal of Great Britain in Parliament
assembled, it was ordered, That the Court of Chancery in Ireland (in whom the Jurisdiction which
formerly belonged to the Court of Chancery of the
Regalities and Liberties of the County Palatine of
Tipperary is now vested) should cause William Lord
Dudley and Ward, in the said Order mentioned, to
be put into the Possession of all such Lands as the
Earl and Countess of Meath in the said Order mentioned obtained Possession of by or under Colour of
the Order of the House of Lords in Ireland, of the
Twelfth of February One Thousand Seven Hundred
and Three:
"And, by an Order bearing Date the Fourth Day
of June last, made in this Court, it was, for the Reasons therein mentioned, ordered, That the Order of
the House of Lords of Great Britain, bearing Date
the Twenty-third Day of March One Thousand Seven
Hundred and Thirty-five, should be, and was thereby, received and made an Order of this Court; and
his Lordship was then also pleased to declare, "That
at any Time, upon the said Lord Dudley and Ward,
or those concerned for him, ascertaining what Lands
the said Earl and Countess of Meath obtained Possession of, by or under Colour of the Order of the
House of Lords in Ireland, of the Twelfth of February One Thousand Seven Hundred and Three; he
would order an Injunction to issue, in due Form, to
cause the said Lord Dudley and Ward to be put into
the Possession of such Lands; and also make such
further Order or Orders as should, from Time to
Time, be thought necessary for carrying the said
Order of the Lords of Great Britain into Execution:"
"And whereas His Majesty's Solicitor General, and
others of Counsel with the said Lord Dudley and
Ward, this Day produced to the Court the said Orders of the Twenty-third of March and Fourth of
June last, the Order of the Twelfth of February One
Thousand Seven Hundred and Three, made by the
Lords Spiritual and Temporal of this Kingdom in
Parliament assembled; as also Two Affidavits, one
made by Joseph Barrett Gentleman, and the other
by William Shanaghan Farmer, ascertaining what Lands
the said Earl and Countess of Meath obtained Possession of by or under Colour of the said Order of the
House of Lords in Ireland; therefore prayed, "That
an Injunction might be awarded, to put the said
Lord Dudley and Ward into the Possession of the
Towns and Lands in the said Affidavits mentioned:"
Whereupon, and upon reading the said several Orders and Affidavits, it is ordered, by the Right Honourable the Lord Chancellor of Ireland, assisted by
the Right Honourable the Lord Chief Justice Rogerson, the Right Honourable the Lord Chief Justice
Reynolds, and the Right Honourable the Lord Chief
Baron Marlay, who unanimously agreed with his Lordship, That an Injunction, directed to the Sheriff of
the said County of Tipperary, be, and is hereby,
awarded, to put the said Lord Dudley and Ward into
the Possession of the Towns and Lands of Rochestowne, Crutta, Loughlowry, Keating, Ardfinan, and
Faran English, Part of Shortcastle, Millfield, Richardstowne alias Richestowne, and Clonocode, lying and
being in the Barony of Iffa and Offa, in the County
of Tipperary; as also of the Towns and Lands of
Killmone, Drumtrassny, Rathcardine, Part of Garrilish, Part of Gurtinbarnan, Drumgill, and Gortinacranagh, situate, lying, and being, in the Territory of
Ileigh, in the said County of Tipperary, being the
Towns and Lands which the said Earl and Countess
of Meath appear by the said Affidavits to have obtained Possession of, by or under Colour of the said
Order of the House of Lords in Ireland.
"Wm. Cooper, D. R."
Visc. Fauconberg takes his Seat.
Thomas Lord Fauconberg sat first in Parliament
after the Death of his Father, Lord Viscount
Fauconberg; his Lordship, at the Table, having first
taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Lothians peremptorily to answer Forrest's Appeal.
The House was informed, "That George, James,
Janet, and Margaret Lothians, have not put in their
Answer to the Appeal of Robert Forrest, pursuant to
the Order of this House of the 24th of January
1735, though duly served with the said Order."
And thereupon an Affidavit, made by William Cunninghame of Ballendalloch, of the said Service, being
read:
Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the
said Appeal in a Week.
Lords Commissioners Speech to be considered.
The House being moved, "That a Day may be appointed, for the taking into Consideration the Speech
of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both Houses:"
It is Ordered, That the said Speech be taken into
Consideration on this Day Sevennight; and the Lords
to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, septimum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 7o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Meneven.
Epus. Asaphen. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Bedford.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berkshire.
Comes Chesterfield.
Comes Shaftesbury.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Finlater.
Comes Bredalbane.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Aylesford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Effingham.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. King.
Ds. Lovel. |
PRAYERS.
Dutchess of Bucks against Cox & Ux. & al.
The Answer of Joseph Cox and Sophia his Wife, Two
of the Respondents to the Appeal of Katherine Dutchess
of Buckinghamshire and Normanby:
Also, the Answer of Allen Lord Bathurst and Patrick
Garden, Two other of the Respondents to the same
Appeal:
Charteris against Murray.
And likewise, the Answer of Archibald Murray
Esquire and others, to the Appeal of Francis Charteris
of Ampsfield Esquire;
Were brought in.
Lee to amend his Appeal.
Upon reading the Petition of Thomas Lee Gentleman;
praying, "That he may be at Liberty to amend his
Appeal, by making the Executors of John Southwell
Parties to the same, he amending the Respondent's
Copy; no Answer having been as yet put in:"
It is Ordered, That the Petitioner be at Liberty to
amend his Appeal, as desired; and that Agnes Southwell, George Rose, Henry Rose, John Vandeleur, Sarah
Southwell, and Sir Maurice Crosby, do put in their Answer or respective Answers to the said Appeal, in
Writing, on or before Monday the 14th Day of March
next.
Bennet to amend his Appeal.
Upon reading the Petition of Hugh Bennet, an Infant,
by Susanna Bennet, his Mother and next Friend; praying, "In regard Sarah Bailey, Respondent to the Petitioner's Appeal, is dead; that he may have Liberty
to amend the same, by inserting the Name of John
Bailey, of Northleigh, in the County of Devon, Gentleman, her Heir at Law:"
It is Ordered, That the Petitioner may amend his
Appeal, as desired; and that the said John Bailey do
put in his Answer thereunto, in Writing, on or before Monday the 21st Day of this Instant February.
O'Farrel to amend his Appeal.
Upon reading the Petition of Roger O'Ferrall Gentleman; praying, "In regard he is advised it is necessary to make Ambrose Farrell, who was a Party in the
Cause in the Court of Chancery in Ireland, a Party
to the Petitioner's Appeal, and likewise to amend
the same in other Particulars; that he may be permitted to amend the same, by making the said Ambrose
Farrell a Party, and in such other Points as he shall
be advised:"
It is Ordered, That the Petitioner may amend his
said Appeal, as desired; and that the said Ambrose Farrell do put in his Answer to the said Appeal, in Writing,
on or before Monday the 14th Day of March next.
D. Athol's Claim to the Barony of Strange.
The Duke of Newcastle (by His Majesty's Command)
presented to the House a Petition of James Duke of
Athol, claiming the Barony of Strange; together with
His Majesty's Reference thereof to this House, and the
Report of the Attorney General to His Majesty thereupon.
Which Petition and Reference were read, by the
Clerk, and are as follow:
"To the King's Most Excellent Majesty.
"The humble Petition of James Duke of Athol;
"Sheweth,
"That His Majesty King Henry the Seventh, in the
First Year of His Reign, created Thomas Lord Stanley Earl of Derby, to him and the Heirs Male of
his Body.
"That the said Title and Dignity came by Mesne
Descents to Ferdinando Earl of Derby; who died seised
thereof, to him and the Heirs Males of the Body of
the said Thomas; leaving Three Daughters, Anne,
Frances, and Elizabeth, and no Son.
"That the said Ferdinando did not die seised of any
Title or Dignity of a Baron, created by Letters Patents; and whatever Titles and Dignities he had,
which were created by any Writ or Writs of Summons to Parliament, descended to his said Three
Daughters, and are now in Abeyance.
"That the said Title and Dignity of Earl of Derby
came to William Brother of the said Ferdinando, as
Heir Male of the Body of the said Thomas; but the said
William never was seised of the Title or Dignity of a
Baron.
"That James, Your Petitioner's Ancestor, whose
Heir he is, Eldest Son of the said William, was summoned to Parliament in the Third Year of the Reign
of King Charles the First as a Baron, the Writ being
directed "Jacobo Strange, Chevalier;" and being
also summoned to several ensuing Parliaments, in the
said King's Reign, sat and voted by the said Title of
Lord Strange, in the Life-time of his Father the said
William Earl of Derby.
"That, upon the Death of the said William Earl of
Derby, the said James Lord Strange succeeded to the
said Title and Dignity of Earl of Derby, and died
seised thereof to him and the Heirs Males of the
Body of the said Thomas Earl of Derby, and of the
said Title and Dignity of Lord Strange, to him and
his Heirs.
"That the said Title and Dignity of Lord Strange
came by Mesne Descents to the late Earl of Derby, who died without Issue in the Month of February,
1735.
"That Your Petitioner is Cousin and next Heir to
the said late Earl of Derby, and Great Grandson and
sole Heir of the said James Lord Strange, and consequently entitled to the said Title and Dignity of
Lord Strange.
"Your Petitioner, therefore, humbly prays
Your Majesty, That the said Title and
Dignity of Lord Strange may be declared
(as of Right it does) to belong to Your
Petitioner and his Heirs.
"And Your Petitioner shall ever pray,
&c.
"Atholl."
"Whitehall, 7th February, 1736/7.
"His Majesty, being moved upon this Petition, is
graciously pleased to refer the same, together with
the Report thereunto annexed, to the Right Honourable 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.
"Holles Newcastle."
Ordered, That the said Petition be referred to
the Consideration of the Lords Committees for Privileges; whose Lordships are to meet on this Day Fortnight; and, having considered thereof, and also the said
Report thereunto annexed, and heard such Persons
concerning the same as they shall think fit, are to report their Opinion thereupon to the House; and that
Notice be given to His Majesty's Attorney General, on
Behalf of the Crown.
Baldwin & al. against Van Charrante & al.
Counsel were called in, to be heard in the Cause
wherein Catherine Baldwin, Executrix and George Horne
Executor of Thomas Baldwin Gentleman, deceased, and
Andrew Chalmer, Trustee of the said Thomas Baldwin,
are Appellants, and Gabriel Van Charrante and others
are Respondents.
And the Appellants Counsel being fully heard, and
several Proceedings and Proofs on their Part read:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, octavum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 8o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Oxon.
Epus. Roffen.
Epus. Glocestr.
Epus. Asaphen. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Bedford.
Dux Athol.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Suffolk.
Comes Berkshire.
Comes Peterborow.
Comes Morton.
Comes Finlater.
Comes Bredalbane.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Effingham.
Viscount Fauconberg.
Viscount Weymouth.
Viscount Harcourt. |
Ds. Clifton.
Ds. Carteret.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Hobart.
Ds. Hardwicke. |
PRAYERS.
Account of prohibited East India Goods, and Naval Stores.
The House was informed, "That some of the Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, in
Pursuance of several Acts of Parliament,
"An Account of prohibited East India Goods imported and exported, from Michaelmas 1735 to
Michaelmas 1736; and an Account of Naval Stores
imported from Russia, for the same Time."
And then they withdrew.
And the Titles of the said Accounts were read, as
follow:
"No I.
"An Account of the prohibited East India Goods
in the Warehouses at St. Hellens, approved of by
the Commissioners of the Customs, pursuant to an
Act of Parliament in that Behalf, for the Reception of the said Goods; with what hath been brought
in, delivered out for Exportation, and now remains
in the said Warehouses, between the 29th Day
of September 1735, and 29th Day of September
1736.
"No II.
"An Account of the prohibited East India Goods
in the Warehouses at Leadenhall, approved by the
Commissioners of His Majesty's Customs, in Pursuance of an Act of Parliament in that Behalf for
the Reception of the said Goods; with what has
been brought in, delivered out for Exportation,
and what remains in the said Warehouses, from the
29th September 1735, to 29th September 1736, as per
Two Half-yearly Accompts given to the said Commissioners of His Majesty's Customs.
"No III.
"An Account of what prohibited East India Goods
remained in His Majesty's Warehouse in the Port
of London at Michaelmas 1735; as also what brought
in since, what exported, and what remained at
Michaelmas 1736.
"No IV.
"An Account of prohibited East India Goods remaining in the respective Warehouses in the Out
Ports of England at Michaelmas 1735; with
what has been brought in since that Time, what
exported, as also what remained at Michaelmas
1736.
"No V.
"An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1735,
to Michaelmas 1736.
"No VI.
"An Account of Naval Stores imported from
Russia into the Ports of England (commonly called
the Out Ports), from Michaelmas 1735, to Michaelmas
1736."
Ordered, That the said Accounts do lie on the
Table.
Ley to enter into Recognizance for Bennet.
The House being moved, "That John Ley may
be permitted to enter into a Recognizance for
Hugh Bennett and (fn. 1) Susanna Bennett, on account of
their Appeal depending in this House; they being
in Devonshire:"
It is Ordered, That the said John Ley may enter into a Recognizance for the Appellants, as desired.
Sharp to enter into Recognizance for Campbell & al.
The like Motion and Order, for Mr. John Sharpe
to enter into a Recognizance for Charles Campbell
Merchant and others; they being in Ireland.
Charteris against Murray & al.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Francis
Charteris of Armisfield Esquire and others are Appellants, and Archibald Murray Esquire and others
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. Howth against Person.
Upon reading the Petition and Appeal of the
Right Honourable William Lord Baron of Howth in
the Kingdom of Ireland; complaining of a Decree of
the Court of Chancery in Ireland, of the 23d of June
1733, made in a Cause wherein Eleazer Peirson was
Plaintiff, and the Appellant Defendant; and the Affirmance of the said Decree, on a Re-hearing of the
24th Day of July last, and the subsequent Orders of
the said Court; and praying, "That the same may
be reversed and set aside; and that the Appellant may be relieved, as to the House shall seem
meet:"
It is Ordered, That the said Eleazer Peirson 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 15th Day of March next;
and that Service of this Order on the Six Clerk of
the said Respondent in Ireland be deemed good Service.
Campbell against Colvill & al.
The House was informed, "That, in the last Session of Parliament, Charles Campbell Merchant and
others lodged their Appeal against William Colvill,
Bruen Worthington, John Moore, Henry Singleton,
Marmaduke Coghill, Samuel Burton, Nicholas Lord
Viscount Nettirville, and Catherine Burton now Lady
Viscountess Nettirville his Wife, Benjamin Burton,
Charles Caldwell, and the Reverend Skiffington Bristow Clerk; and caused them to be served with the
Order of this House, for answering the same; which
they have not yet done; nor are the Appellants at
present prepared to prove the Service of the said
Order."
And the House being moved, "That the Respondents may be required to put in their Answer
within such Time as their Lordships shall think
proper:"
It is Ordered, That the said William Colvill
and the other Respondents abovenamed do put in
their Answer or respective Answers to the said Appeal, in Writing, on or before Tuesday the 15th Day
of March next; and that Service of this Order on
the said Respondents Six Clerk in Court be deemed
good Service.
Delane against Delane & al.:
The House was informed, "That a Person attended, in order to deliver in Papers, Pleadings,
and Proceedings, in the Cause wherein Dennis Delane Gentleman is Appellant, and Dennis Delane
Son of George Delane and others are Respondents."
Pleadings Proved.
And thereupon he was called in; and delivered, at
the Bar, the said Papers, &c.; and attested upon
Oath, "That same were true Copies; he having examined them with the Originals in the proper Office
in Ireland."
And then he was directed to withdraw.
O'Farrell against O'Farrell & al.: Pleadings proved.
And the like Information was given, in relation to
the proving of Papers, in the Cause wherein Roger
O'Farrell Gentleman is Appellant, and James O'Farrell
and others are Respondents:
And the same Examination had.
Mercer to make a new Respondent.
Upon reading the Petition of Robert Mercer;
praying, "In regard Francis French, One of the Respondents to the Petitioner's Appeal, is dead; that
Walter French, his Administrator, may be made
a Respondent, in the room of the said Francis:"
It is Ordered, That the Petitioner may amend
his Appeal, by making the said Walter French a Respondent thereunto; and he is hereby required to
put in his Answer thereunto, in Writing, on or before Tuesday the 15th Day of March next.
Baldwin against Van Charrante & al.
Counsel were called in, to be further heard, in the
Cause wherein Catherine Baldwin, Executrix and George
Horne Executor of Thomas Baldwin Gentleman, deceased, and Andrew Chalmer, Trustee of the said
Thomas Baldwin, are Appellants, and Gabriel Van Charrante and others are Respondents.
And Mr. Forbes, His Majesty's Advocate, being heard
for the Respondents; and several Proceedings on their
Part read:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow; and the
Cause for that Day put off to Friday; and the other
Causes removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Sarum.
Epus. Carliol.
Epus. Oxon. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol.
Dux Newcastle.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea & Nott.
Comes Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Cholmondeley.
Comes Morton.
Comes Finlater.
Comes Breadalbane.
Comes Portmore.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Comes Kerr.
Comes Fitzwalter. |
Ds. Clifton.
Ds. Lynne.
Ds. Carteret.
Ds. Cathcart.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Lovell. |
PRAYERS.
Ryland against Roch & al.
The Answer of James Roch and others, to the Appeal of Richard Ryland, was brought in.
Dutchess of Buckinghamshire against Sheffield & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Katherine
Dutchess of Buckinghamshire and Normanby is Appeallant, and Charles Sheffield Esquire 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.
Baldwin & al. against Van Charrante & al:
Counsel were called in, to be further heard, in the
Cause wherein Catherine Baldwin Executrix, and George
Horne Executor, of Thomas Baldwin Gentleman, deceased, and Andrew Chalmer Trustee of the said Thomas
Baldwin, are Appellants, and Gabriel Van Charrante and
others Respondents.
And the last Counsel for the Respondents being fully
heard:
One Counsel for the Appellants was heard, by Way
of Reply.
Then they were directed to withdraw.
Ordered and Adjudged, That the Petition and Appeal be dismissed this House; and that the Interlocutors
therein complained of be affirmed.
The entire Order and Judgement, on the Hearing and
Consideration of this Cause, is as follows:
Judgement.
"After hearing Counsel, as well on Monday, Tuesday,
as this Day, upon the amended Petition and Appeal
of Catherine Baldwin Executrix, and George Horne
Executor, of Thomas Baldwin, of the Parish of St.
Margarets, Westminster, in the County of Middlesex,
Gentleman, deceased, and Andrew Chalmer Writer in
Edinburgh, Trustee of the said Thomas Baldwin; complaining of an Interlocutory Sentence of the Judge
of the High Court of Admiralty in Scotland, of the
21st of December 1731, and of the several Interlocutory Sentences of the Lords of Session in Scotland, of
the 12th and 31st Days of July and 14th Day of
December 1733, the 15th and 26th Days of January
1733/4, the 13th of December 1734, the 25th of June
and 22d of July 1735, made on the Behalf of Gabriel
Van Charrante, Henry Brumer Steirsman, and Valli
and Alexander Arbuthnot and Company, their Factors,
and other Parties competing with the Appellants in
the Cause; and praying, that the said Interlocutory
Sentences may be reversed; and that the Interlocutors of the said Lords of Session, of the 21st of November 1733, and 11th of December 1734, may be
affirmed, and such other Relief given as to the House
shall seem meet: As also upon the joint and several
Answers of the said Gabriel Van Charrante, Henry
Brumer Steirsman, and Valli and Alexander Arbuthnot
and Company, their Factors, put in to the said Appeal; and due Consideration had of what was offered
on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal
be, and is hereby, dismissed this House; and that the
said Interlocutors therein complained of be, and the
same are hereby, affirmed."
E. of Dundonald against Bar.
Upon reading the Petition and Appeal of Thomas
Earl of Dundonald; complaining of an Interlocutor of
the Lords of Session in Scotland, of the 24th of November 1736, made on the Behalf of Elizabeth Bar, Daughter and Heir of Patrick Bar; and praying, "That the
same may be reversed; and such further Relief granted to the Appellant as to their Lordships shall seem
meet:"
It is Ordered, That the said Elizabeth Bar 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 9th Day of March next.
Wauchope & al. against Wauchope & al.
Upon reading the Petition and Appeal of Gilbert
Wauchope Doctor of Medicine, Agnes Wauchope his
Sister, and John Baillie Writer to the Signet, Factor
constituted by the said Doctor Gilbert Wauchope; complaining of certain Interlocutors of the Lords of Session
in Scotland, of the 29th of January 1735/6, the 27th of
July and 10th of December 1736, made on the Behalf
of Andrew Wauchope, and Mr. James Wauchope alias
Don of Edminsone; and praying, "That the same may
be reversed, altered, or varied, as to their Lordships
great Wisdom and Justice shall seem meet:"
It is Ordered, That the said Andrew Wauchope and
James Wauchope 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 9th Day of March next; and that
Service of this Order upon the Respondents Agent, or
Procurator, in the Court below, be deemed good Service.
Craik against Craik.
A Petition of John Piddock, Agent for Mary Craik,
and Alexander Ross, Agent for Jean Craik and her Husband, Respondents to the Appeal of the said Mary
Craik, was presented, and read; praying, "In regard
the Parties have put the Matters in Dispute to Reference, that the Hearing of the Cause may be put
off to such Time as to the House shall seem meet."
And thereupon the Petitioners having been called in,
and heard at the Bar; and withdrawn:
Ordered, That the said Hearing be put off, as desired; with Liberty for either Side to apply for a Day
of Hearing, in case the Parties do not agree.
Delane against Delane.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Dennis Delane
Gentleman is Appellant, and Dennis Delane, Son of
George Delane, 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.
Gould to enter into a Recognizance for L. Howth.
The House being moved, "That Nathaniel Gould
Esquire may be permitted to enter into a Recognizance
for William Lord Baron of Howth, on account of
his Appeal depending in this House; he residing in
Ireland:"
It is Ordered, That the said Nathaniel Gould Esquire
may enter into a Recognizance for the Appellant, as
desired.
Pitt's Pet. referred to Judges.
Upon reading the Petition of Thomas Pitt Esquire,
Grandson and Heir of Thomas Pitt, late of Old Sarum,
in the County of Wilts, Esquire, deceased, and of William Pitt Esquire, Brother of the said Thomas Pitt the
Grandson; praying Leave to bring in a Bill, for Sale
of an Estate in Swallowfield, in the County of Berks;
and to lay out the Money arising thereby in the Purchase
of another Estate; and for other Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Denton; 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.
Biggs & al. Pet. referred to Judges.
Upon reading the Petition of Henry Biggs of Woodford in the County of Wilts, Gentleman, William Swanton, of The Close of New Sarum, in the same County,
Gentleman, and Thomas Kellow Clerk, Rector of Codford St. Peter, in the same County, Eldest Son and Heir
of Thomas Kellow, late of Asserton, in the said County,
Gentleman, deceased, on the Behalf of the Creditors
of the last abovenamed Thomas Kellow, deceased; praying Leave to bring in a Bill, for Sale of the Rectory or
Impropriation of Berwick St. James, in the said County
of Wilts, for Payment of Debts, and for other Purposes
in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and Mr. Justice
Denton; with the usual Directions, according to the
Standing Orders,
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 10o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestr.
Epus. Bristol.
Epus. Asaphen. |
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Dorset.
Dux Bridgewater.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berkshire.
Comes Peterborow.
Comes Winchilsea.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Finlater.
Comes Selkirk.
Comes Breadalbane.
Comes Dunmore.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Kerr.
Comes Effingham.
Viscount Fauconberg.
Viscount Weymouth.
Viscount Cobham.
Viscount (fn. 2) Falmouth.
Viscount Lymington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. North & Guil.
Ds. Clifton.
Ds. Poulet.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
L. Hardwicke appointed Speaker, by Commission.
The Lord Chancellor being absent; the Lords were
informed by the Duke of Newcastle, "That His Majesty had been pleased to grant a Commission, under
the Great Seal, to Philip Lord Hardwicke, Lord Chief
Justice of the Court of King's Bench, to supply the
Room and Place of Lord Chancellor in this House."
Whereupon the said Commission was read, by the
Clerk, as follows:
"GEORGE R.
"George the Second, by the Grace of God of Great
Britain, France, and Ireland, King, Defender of the Faith,
&c. To Our Right Trusty and Well-beloved Counsellor
Philip Lord Hardwicke, Baron of Hardwicke, Our Chief
Justice appointed to hold Pleas before Us, Greeting.
Know ye that We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named,
and appointed, and by these Presents do constitute,
name, and authorize you, from Time to Time, to use
and supply the Room and Place of Lord Chancellor
of Great Britain, in the Upper House of Parliament,
amongst the Lords Spiritual and Temporal there assembled, during the Absence of Our Right Trusty and
Well-beloved Counsellor Charles Lord Talbot, Baron
of Hensell, Lord Chancellor of Great Britain, from
his accustomed Place in Our said Upper House of
Parliament; and then and there to do and execute
all such Things which Our said Chancellor of Great
Britain, using and supplying the said Room and Place,
should or might do in that Behalf. Wherefore We
will and command you the said Philip Lord Hardwicke
to attend and execute the Premises with Effect; and
these Our Letters Patent shall be your sufficient Warrant and Discharge for the same in every Behalf.
In Witness whereof, We have caused these Our Letters
to be made Patent.
"Witness Ourself, at Westminster, the Sixteenth
Day of January, in the Tenth Year of Our
Reign.
"By the King Himself, signed with His proper
Hand.
"Bisse & Bray."
The Commission being ended;
The said Lord Hardwicke was called upon by the
Lords to take his Place upon the Woolsack; and their
Lordships appointed the Mace to be laid thereupon, and
carried before him.
PRAYERS.
Nugent against Nugent.
Upon reading the Petition and Appeal of William
Nugent Esquire, Thomas Nugent and Charles Nugent,
Sons of the said William Nugent, both under the Age
of One and Twenty Years, by their said Father, as
their next Friend and Guardian; complaining, "That
the Court of Exchequer in Ireland did, at the Hearing
of a Cause there, wherein His Majesty's Attorney
General in the aforesaid Kingdom, for the Use and
Behoof of Hyacinth Richard Nugent Esquire, was
Plaintiff, and the Appellants and others were Defendants, refuse reading of the Answer put in by Thomas
Nugent, called Lord Riverston, Father of the Appellant William Nugent, to a Bill exhibited in the Court
of Chancery in that Kingdom against him, by one
Susanna Catherine Nugent;" and also complaining of
a Decree of the said Court of Exchequer, made the
9th Day of December 1731, on the said Hearing; and
praying, "That the said Answer may be read; and
that the said Decree may be reversed; and that the
Appellant William Nugent may be restored to the
Possession of the Premises of which he was dispossessed
by virtue of the said Decree; and that the Appellants may have such other Relief as to this House shall
seem meet:"
It is Ordered, That His Majesty's said Attorney
General and the said Hyacinth Richard Nugent, called
Lord Riverston, may have a Copy of the said Appeal;
and do put in their Answer thereunto, in Writing, on
or before Thursday the 17th Day of March next; and
that the Service of this Order upon the said Respondent's Attorney or Attornies of the said Court of Exchequer be deemed good Service.
Speech of Lords Commissioners considered:
The Order of the Day, for the House to take into
Consideration the Speech of the Lords Commissioners
appointed by His Majesty for holding this Parliament,
made, by His Majesty's Command, to both Houses, being
read:
Ordered, That the House be now put into a Committee, to take the said Speech into Consideration.
Accordingly the House was adjourned during Pleasure, and put into the said Committee.
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had come to the following Resolutions; (videlicet,)
"Resolved, That it is the Opinion of this Committee,
That the Provost and Four Bailiffs of the City of
Edinburgh in the Year 1736 be ordered to attend
this House.
"That the Person commanding the City Guard, at
the Time of the Riot in which Captain Porteous was
murdered, be ordered to attend this House.
"That the Officer commanding in Chief His Majesty's Forces in that Part of Great Britain called
Scotland, and residing there at the Time of the said
Riot, be ordered to attend this House.
"That an authentic Copy of the Trial of Captain
Porteous, and all the Proceedings relating thereunto,
be laid before this House.
Address to be presented to His Majesty, for Accounts concerning the Murder of Capt. Porteous.
"That an humble Address be presented to His Majesty, "That He will be graciously pleased to give
Order, that the Accounts transmitted hither, of the
Murder of Captain Porteous, and what passed thereupon, together with the Orders and Directions sent
from hence relating thereto, as likewise a Copy of
the Reprieve of the said Captain, granted by Her Majesty, as Guardian of the Kingdom, be laid before
this House."
Which Resolutions, being read by the Clerk, were
agreed to by the House.
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Ordered, That the Attendance of the several Persons aforementioned be on this Day Month.
Ordered, That, on this Day Three Weeks, the
House be put into a Committee again, to take into further Consideration the Speech of the Lords Commissioners appointed by His Majesty for holding this Parliament, made, by His Majesty's Command, to both
Houses; and the Lords to be summoned.
Adjourn.
Dominus Hardwicke declaravit præsens Parliamentum
continuandum esse usque ad et in diem Veneris, undecimum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.