February 1738, 1-10
Anno 12o Georgii Secundi.
DIE Jovis, 1o Februarii, 1738.
DIE Jovis, 1o Februarii, 1738, Annoque Regni
Serenissimi Domini Nostri Georgii Secundi, Dei
Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei
Defensoris, &c. Duodecimo, in quem Diem hæc Quinta
Sessio Parliamenti, per separales Prorogationes, continuata
fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ
apud Westmonast. convenere, Domini tam Spirituales
quam Temporales, quorum Nomina subscribuntur, &
præsentes fuerunt:
REX.
Fredericus Princeps Walliæ.
|
Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Comes Godolphin, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Huntingdon.
Comes Pembroke & Montgomery.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Essex.
Comes Anglesey.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Grantham.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. North & Guilford.
Ds. Clifton.
Ds. Poulet.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
King present:
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales,
(in his Robes), sitting in his Place on His Majesty's Right
Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the
Commons know, "It is His Majesty's Pleasure, that
they attend Him immediately, in this House."
Who being come; with their Speaker;
His Majesty spake as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"I have, upon all Occasions, declared how sensibly
I have been affected with the many Hardships and
Injuries sustained by My trading Subjects in America.
I have the Honour of My Crown and the true Interest of My People too much at Heart, to see either
of them suffer any Prejudice or Diminution, without
pursuing the most proper and advantageous Methods
for their real Security and Preservation.
"These Considerations alone were sufficicent to incite Me to exert My utmost Power, in vindicating
and protecting our undoubted Rights and Privileges of
Navigation and Commerce: And nothing could add
to My Own Zeal, in so just a Cause, but the due Regard I always have to the Petitions and Complaints
of My Subjects, and the Advice of My Parliament.
The Wisdom and Prudence of your Resolutions,
upon this great and National Concern, determined
Me to begin with the more moderate Measures; and
to try, once more, what Effect and Influence My
friendly Endeavours and pressing Instances would
have upon the Court of Spain, towards obtaining
that Satisfaction and Security which we were entitled
to demand and expect; and your Assurances, to support Me in all Events, enabled Me to proceed with
proper Weight and Authority.
"Thus supported by the concurrent Advice of
both Houses of Parliament, I lost no Time in making
Preparations to do Myself and My People Justice,
if the Conduct of the Court of Spain had laid us under
that Necessity; and at the same Time I did, in the
strongest Manner, repeat My Instances for obtaining
such Justice and Reparation for the many Injuries and
Losses already sustained, and such an effectual Security for the future, as might prevent the Consequences of an open Rupture.
"It is now a great Satisfaction to Me, that I am
able to acquaint you, that the Measures I have pursued have had so good an Effect, that a Convention
is concluded and ratified between Me and the King
of Spain; whereby, upon Consideration had of the
Demands on both Sides, that Prince hath obliged
Himself to make Reparation to My Subjects for their
Losses, by a certain stipulated Payment; and Plenipotentiaries are therein named and appointed, for
regulating, within a limited Time, all those Grievances and Abuses which have hitherto interrupted
our Commerce and Navigation in the American Seas,
and for settling all Matters in Dispute in such a Manner
as may, for the future, prevent and remove all new
Causes and Pretences of Complaint, by a strict Observance of our mutual Treaties, and a just Regard
to the Rights and Privileges belonging to each other.
I will order the Convention, and the separate Articles,
to be laid before you.
"It hath been My principal Care, to make Use of
the Confidence you reposed in Me, in this critical
and doubtful Conjuncture, with no other View but
the general and lasting Benefit of My Kingdoms;
and, if all the Ends which are to be hoped for, even
from successful Arms, can be attained without
plunging the Nation into a War, it must be thought,
by all reasonable and unprejudiced Persons, the most
desirable Event.
"Gentlemen of the House of Commons,
"I have ordered the proper Estimates to be prepared, and laid before you, for the Service of the
current Year. I heartily wish that the Posture of
Affairs would have permitted Me to retrench the
public Expences, for which I am obliged to demand
the present Supplies; and I make no Doubt but your
experienced Zeal and Affection for Me and My Government, and the proper Concern you have always
shewn for the public Good, will induce you to
grant Me such Supplies as you shall find necessary
for the Honour and Security of Me and My Kingdoms.
"My Lords, and Gentlemen,
"I cannot but earnestly recommend it to you, not
to suffer any Prejudices or Animosities to have a Share
in your Deliberations at this important Conjuncture;
which seems, in a particular Manner, to call upon
you to unite in carrying on such Measures as will be
most conducive to the true Interest and Advantage of
My People."
The Speech being ended, His Majesty was pleased to
retire; and the Commons returned to their House.
PRAYERS.
Lords take their Seats.
This Day William Henry Earl of Rochford fat first in
Parliament, after the Death of his Father Frederick
Zuleistein Earl of Rochford:
Also, Charles Lord Viscount Townshend, after the
Death of his Father Charles Lord Viscount Townshend:
And also, Robert Lord Raymond, after the Death of
his Father Robert Lord Raymond:
Their Lordships having, together with Robert Lord
Bishop of Ely, Thomas Lord Bishop of Norwich, and
Joseph Lord Bishop of Bristol, at the Table, first taken
the Oaths, and made and subscribed the Declaration,
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes.
Poor's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
for preventing the Poor's being defrauded."
The Lord Chancellor reported His Majesty's Speech.
And the same being afterwards read by the Clerk:
Motion for Address.
It was moved, "To order, That an humble Address
be presented to His Majesty, to return Him the
Thanks of this House, for His most Gracious Speech
from the Throne; and for the just Concern His Majesty hath expressed for the many Hardships and Injuries sustained by His Trading Subjects in America,
and for the Honour of His Crown, and the true Interest of His People.
"To declare, that we are deeply sensible of the
Gracious Regard which His Majesty is pleased to
express for the Advice of His Parliament; and that,
though His Majesty was induced to begin with the
more moderate Measures, yet this House never entertained the least Doubt of His Readiness to exert
His utmost Power, in vindicating and protecting our
undoubted Rights of Navigation and Commerce, and
in doing Himself and His People Justice, if the Conduct of the Court of Spain had made such Measures
necessary.
"Humbly to thank His Majesty for His great Goodness, in acquainting us, from the Throne, with the
Convention concluded and signed between His Majesty and the King of Spain; and that He will be
pleased to order it to be laid before us.
"To declare, that we have the most unfeigned Gratitude for His Majesty's Royal Care to make Use
of the Confidence reposed in Him, for the general
and lasting Benefit of His Kingdoms; and that, as
Reparation for past Injuries and Losses, and effectual
Security for the future, have been the great Views
in this important Affair, if those Ends can be attained
without plunging the Nation into a War, it must
give the truest Satisfaction to all His faithful Subjects.
"To assure His Majesty, that we will carefully avoid
all Animosities and Prejudices; and that we will
zealously and chearfully concur in all such Measures
as shall be most conducive to the Security of His
Majesty's Person and Government, and the true Interest of His People."
And a Question being stated thereupon:
It was proposed, "To leave out the 2d, 3d, and 4th
Paragraphs."
Which being objected to:
After Debate;
The Question was put, "Whether the said Paragraphs shall stand Part of the Question?"
It was Resolved in the Affirmative.
Then an Order was made, upon the foregoing Motion.
And the Lords following were appointed a Committee, to prepare an Address, pursuant thereunto;
and report to the House; (videlicet,)
|
Ld. President.
Ld. Steward.
D. Newcastle.
D. Portland.
E. Pembroke.
E. Warwick.
E. Ilay.
E. Fitzwalter. |
L. Bp. Ely.
L. B. St. Asaph. |
Ld. Delawarr.
L. Cornwallis.
L. Hervey.
L. Onslow.
L. Hobart.
L. Lovell. |
Their Lordships, or any Five of them; to meet
presently, in the Prince's Lodgings; and to adjourn as they please.
The House was adjourned during Pleasure; and the
Committee withdrew, to draw the Address.
After some Time, the House was resumed.
And the Duke of Portland reported from the said
Committee, "That they had prepared an Address, pursuant to the aforementioned Order."
And the same, being read by the Clerk, was agreed
to by the House; and is as follows:
Address.
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament
assembled, beg Leave to return Your Majesty our
humble Thanks, for Your most Gracious Speech from
the Throne.
"Amongst the many convincing Proofs which Your
Majesty hath given of Your paternal and unwearied
Care of the Rights of Your People, nothing can fill
their Hearts with more grateful Sentiments; than that
sincere and affectionate Concern which You have so
often declared, for the many Hardships and Injuries
sustained by Your Trading Subjects in America. The
Honour of Your Majesty's Crown, and the true Interest of Your People, are, and ever will be, inseparable: And, as Your Majesty hath, on all Occasions, demonstrated to the World, that You have
both equally at Heart, it was impossible for us not to
have the firmest Dependance on Your Zeal and Vigilance for their real Security and Preservation.
"The gracious Regard which Your Majesty is
pleased to express for the Resolutions and Advice of
Your Parliament, is a great Instance of Your Royal
Goodness. And though Your Majesty's constant
Desire, out of Tenderness for Your People, to avoid
involving these Kingdoms in the manifold Inconveniencies of War, must incline You to approve the
Beginning with more moderate Measures; yet we
never entertained the least Doubt but that true
Greatness and Fortitude, which inspire Your Royal
Breast, would induce You to exert Your utmost
Power, in vindicating and protecting our undoubted
Privileges of Navigation and Commerce, and in doing
Justice to Yourself and Your Subjects, if the Conduct of the Court of Spain had made such Methods
necessary.
"We beg Leave, on this Occasion, to offer to Your
Majesty our unfeigned Thanks, for Your great Goodness and Condescension, in acquainting us, from the
Throne, that a Convention is concluded and ratified
between Your Majesty and the King of Spain, whereby Reparation is agreed to be made to Your Subjects for their Losses, by a certain stipulated Payment, and Plenipotentiaries are appointed for regulating, within a limited Time, all those Grievances
and Abuses, which have hitherto interrupted our
Commerce and Navigation in the American Seas; and
that Your Majesty will be pleased to order the
Convention, and separate Articles, to be laid before
us.
"We should fall short of those warm Impressions of
Gratitude which we feel in ourselves, as well as be
wanting in our Duty, if we did not return Your Majesty our most thankful Acknowledgements, for Your
Royal Care in making Use of the Confidence reposed
in Your Majesty, with no other View but the general and lasting Benefit of Your Kingdoms. Reparation for past Injuries and Losses, and effectual Security for the future, founded in Justice, and warranted
by Treaties, have been the great Views of Your
Majesty and Your Parliament in this National and
important Affair; and if those Purposes can be attained, without plunging the Nation into a War, it
must give the truest Satisfaction to all Your faithful
Subjects, who cannot but be as defirous to preserve
the Peace, as they are able and ready to defend and
vindicate their Rights against the Encroachments of all
Aggressors.
"We are deeply sensible how unbecoming and pernicious it would be, at any Time, to suffer either
Prejudices or Animosities to mix themselves with Parliamentary Deliberations; and Your Majesty's Gracious Recommendation to us, particularly to avoid
them at this important Conjuncture, cannot fail to
awaken in us a more than ordinary Caution on that
Head. Great Britain hath but one common Interest,
consisting in the Security of Your Majesty's Person
and Government, and the Welfare and Happiness of
Your People; and when Your Majesty is pleased to
exhort us to Unanimity, it is only calling upon us
to unite for our own Preservation. We therefore
beseech Your Majesty to accept the strongest and
most affectionate Assurances, that we will zealously
and chearfully concur in all such Measures as shall
be most conducive to those great and desirable
Ends."
Ordered, That the said Address be presented to
His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait
on His Majesty, humbly to know what Time His Majesty will be pleased to appoint to be attended therewith.
His Majesty and the Prince and Princess of Wales to be congratulated, on the Birth of a Prince.
Ordered, That the Lords with White Staves do,
from this House, wait on His Majesty, to congratulate
His Majesty on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a
Prince.
Ordered, That a Message be sent from this House,
to congratulate their Royal Highnesses the Prince and
Princess of Wales, on the same joyful Occasion; and that
the Lord Delawarr and Lord Lovell do carry the said
Message.
Committee Privileges.
Lords Committees appointed to consider of the Orders
and Customs of the House, and the Privileges of
Parliament, and of the Peers of Great Britain and
Lords of Parliament.
|
Ld. Chancellor.
Ld. President.
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
D. Richmond.
D. Beaufort.
D. St. Albans.
D. Bolton.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Buccleuch.
D. Athol.
D. Kent.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
D. Bridgewater.
March. Lothian.
E. Huntingdon.
E. Pembroke.
E. Leicester.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Peterborow.
E. Winchilsea.
E. Chesterfield.
E. Essex.
E. Anglesey.
E. Shaftesbury.
E. Litchfield.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Grantham.
E. Cholmondeley.
E. Loudoun.
E. Finlater.
E. Selkirk.
E. Dunmore.
E. Hyndford.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Bristol.
E. Halifax.
E. Stanhope.
E. Harborough.
E. Graham.
E. Ker.
E. Fitzwalter.
Vis. Fauconberg.
Vis. Townshend.
Vis. Cobham.
Vis. Falmouth.
Vis. Lymington.
Vis. Harcourt.
Vis. Torrington. |
Ld. Abp. Cant.
L. Bp. Durham.
L. B. Rochester.
L. B. Litch. & Cov.
L. B. Peterborough.
L. B. Chichester.
L. B. Sarum.
L. B. St. Davids.
L. B. Ely.
L. B. Glocester.
L. B. Oxon.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bangor.
L. B. Bristol. |
Ld. Harrington, Secretary.
L. Abergavenny.
L. Delawarr.
L. Clinton.
L. North & Guilford.
L. Clifton.
L. Poulet.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Carteret.
L. Haversham.
L. Gower.
L. Hervey.
L. Cathcart.
L. Hay.
L. Masham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Ducie.
L. Hobart.
L. Monson.
L. Lovell.
L. Raymond.
L. Talbot. |
Their Lordships, or any Seven of them; to meet
on Monday next, at Ten a Clock in the Forenoon,
in the House of Peers; and every Monday after;
and to adjourn from Time to Time, as they please.
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. Bolton.
D. Leeds.
D. Bedford.
D. Marlborough.
D. Montagu.
D. Ancaster, L. G. C.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Litchfield.
E. Albemarle.
E. Coventry.
E. Cholmondeley.
E. Finlater.
E. Ilay.
E. Oxford.
E. Strafford.
E. Aylesford.
E. Harborough.
E. Graham.
E. Fitzwalter.
V. Fauconberg.
V. Cobham.
V. Harcourt.
V. Torrington. |
Ld. Abp. Cant.
L. Bp. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. Glocester.
L. B. Oxon.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bangor.
L. B. Bristol. |
Ld. Harrington, Secretary.
Ld. Delawarr.
L. Clifton.
L. Poulet.
L. Bruce.
L. Carteret.
L. Gower.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Monson.
L. Lovell.
L. Raymond.
L. Talbot. |
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 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Atholl, & Ds. Strange.
Dux Portland.
Dux Bridgewater.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Viscount Fauconberg. |
Ds. Clifton.
Ds. Romney.
Ds. Hobart.
Ds. Raymond. |
PRAYERS.
King's Answer to Congratulation.
The Lord Steward reported to the House, "That
the Lords with White Staves (pursuant to the Order
of Yesterday) had waited on His Majesty, to congratulate Him on the joyful Occasion of her Royal
Highness the Princess of Wales's happy Delivery of a
Prince; and that His Majesty was pleased to return
His Thanks to this House, for their Congratulation
upon this happy Occasion; and to receive it very
Graciously."
His Majesty to be at ended with Address.
His Grace likewise reported, "That the Lords with
White Staves (according to Order) had also waited
on His Majesty, to know what Time He would be
pleased to appoint to be attended by this House, with
their Address; and that His Majesty had been pleased
to appoint this Day, at Two a Clock, at His Palace
of St. James's."
Bramston & al. Pet. referred to Judges.
Upon reading the Petition of Thomas Bramston Esquire
and Elizabeth his Wife, on Behalf of themselves and
of their only Son and Daughter, videlicet, Thomas Berney Bramston under the Age of Six, and Mary Bramston
under the Age of Four Years; praying Leave to bring
in a Bill, for Sale of an Estate in the Petition mentioned,
for Payment of Four Thousand Pounds; and laying out that
Sum in the Purchase of another Estate, free from Encumbrances, to be settled to such Uses as are expressed in
the Petitioners Marriage Settlement:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron Parker; 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.
Murray against Sir J. Dalrymple & al.
Upon reading the Petition and Appeal of Mr. Hugh
Murray Kynnynmound of Melgund and Kynnynmound, Advocate, the only acting Trustee under the last Settlement of Sir James Rochead of Innerleith Baronet, deceased, on Behalf of all the Persons for whose Behoof
the said Settlement or Trust Deed is granted, and James
Dalrymple an Infant, Second Son of Sir James Dalrynple of Haills, Baronet, by Mr. Hugh Somervill Writer
to His Majesty's Signet at Edinburgh, his Tutor ad Lites;
complaining of an Interlocutor, or Decree, of the Lords
of Session in Scotland, of the 23d of June 1738, and
of their Adherence thereunto, the 6th of July following;
and likewise of an Interlocutor of the Lord Ordinary,
of the same 23d of June; and also of an Interlocutor of
the said Lords of Session, of the 29th of the same July,
made on the Behalf of Sir James Dalrymple Baronet, and
Hugh, Charles, and John Dalrymple, Sons of the said
Sir James Dalrymple, Sir Francis Kinloch Baronet and
Dame Mary his Wife, Francis Kinloch, David Kinloch,
and Alexander Kinloch, Sons of the said Sir Francis
Kinloch by the said Dame Mary his Wife, James Cathcart Esquire, and Mrs. Elizabeth Rochead Spinster,
Alexander Hamilton of Pencaitland Esquire, Thomas
(fn. 1) Dundas of Lethem, and John Rochead Merchant in
Edinburgh, and the Tutors and Curators of such of them
as are Infants; and praying, "That the said Interlocutors may be reversed or varied; and that the Appellant may have such Relief as to the House shall seem
meet:"
It is Ordered, That the several Parties last named
may have a Copy of the said Appeal; and they are
hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Friday the
Second Day of March next; and that Service of this
Order on their Agents or Procurators be deemed good
Service.
Pleadings proved in several Causes.
The House was informed, "That Mr. Brereton attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the respective Causes following; (videlicet,)
"Edgworth against Edgworth.
Hartpole against Walsh.
Garvan against Damer.
Quin against Cox.
Quin against Johnston."
He was thereupon called in; and delivered, at the
Bar, the said Papers; and attested upon Oath, "That
the same were true Copies, he having examined
them with the Originals in the proper Offices in
Ireland."
He also delivered in, at the Bar, certain Articles of
Agreement and Settlements; together with an attested
Copy of a Letter, signed "Mar. Tattle," in the Pleadings mentioned, by Direction of the Court of Exchequer in Ireland, to be made Use of on the Appeal
brought by Robert Edgworth Gentleman, a Minor, by
his Guardian; the said Writings being sealed up by
the Chief Remembrancer of the said Court, or his
Deputy, in order to be lodged with the Clerk of this
House, if their Lordships should think fit.
And then the said Brereton was directed to withdraw.
Ordered, That the said Writings be accordingly
lodged with the said Clerk, till the Hearing of the
said Appeal, and till the further Order of this
House.
Causes to be heard.
Ordered, That the Cause wherein Andrew Scot
and others are Appellants, and the Magistrates of Glasgow Respondents, which, pursuant to the Standing
Order of this House, stands to be heard on Monday next,
be heard on the Wednesday following; and the other
Causes appointed for hearing last Session of Parliament,
but not then determined, to come on in Course on the
next Cause-days.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 6o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Lincoln.
Epus. Roffen.
Epus. Petriburg.
Epus. Meneven.
Epus. Eliens.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Devon.
Dux Montagu.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Pembroke.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Anglesey.
Comes Shaftesbury.
Comes Strafford.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Cobham.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. North & Guil.
Ds. Cliston.
Ds. Cornwallis.
Ds. Carteret.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Edgworth against Edgworth.
The Answer of Packington Edgworth Esquire, One of
the Respondents to the Appeal of Robert Edgworth Gentleman, a Minor, by his Guardian:
Quin against Johnston.
As also, the Answer of John Johnston, to the Appeal
of Valentine Quin Esquire, and others;
Were brought in.
L. Montjoy takes his Seat.
This Day Herbert Lord Montjoy sat first in Parliament, after the Death of his Father Thomas Lord Montjoy; having, at the Table, first taken the Oaths, and
made and subscribed the Declaration, and also took and
subscribed the Oath of Abjuration, pursuant to the
Statutes.
His Majesty's Answer to Address.
The Lord Chancellor reported, "That the House
did, on Friday last, present to His Majesty their humble Address; and that His Majesty was pleased to
return the following most Gracious Answer thereunto;
(videlicet,)
"My Lords,
"I thank you for this dutiful and affectionate Address;
and for the Dependence you express on My Care, to
make Use of the Confidence you repose in Me, for
the general Benefit of My People. You may rely on
the Continuance of My Endeavours to perfect the
Accommodation with the Court of Spain, in such a
Manner, as may be most for the Honour of My
Crown, and the true Interest of My Kingdoms; and
that I will pursue such Measures as shall appear to be
most conducive to the future Security of the Trade
and Navigation of My Subjects."
Ordered, That the said Address, and His Majesty's
most Gracious Answer thereunto, be forthwith printed
and published.
P. of Wales's Answer to congratulatory Message.
The Lord Delawarr reported to the House, "That
he and the Lord Lovell (pursuant to the Order on
Friday last) had attended their Royal Highnesses the
Prince and Princess of Wales, with the Message to
congratulate them on the joyful Occasion of her Royal
Highness's happy Delivery of a Prince; and that
His Royal Highness was pleased to say, "He and the
Princess were sensible of this Mark of the Duty of the
House to the King, and Regard to them."
Dillon & al. against Attorney General of Ireland.
Upon reading the Petition and Appeal of Robert Dillon and Thomas Dillon, and of Ambrose Farrell and
Christian Dillon, Executors of Theobald Dillon Merchant,
deceased; complaining of a Decree of the Court of Exchequer in Ireland, of the 26th Day of November 1737,
made in a Cause wherein Robert Jocelyn Esquire, His
Majesty's Attorney General of that Kingdom, was Plaintiff, and the Appellants Defendants; and likewise of
the Report made by the Deputy Remembrancer of the
said Court, and the subsequent Orders made in the said
Cause; and praying, "That the same may be reversed;
and that the said Attorney General's Information may
be dismissed; or that the Appellants may have such
Relief as to the House shall seem meet:"
It is Ordered, That the said Robert Jocelyn Esquire,
His Majesty's Attorney General of Ireland, 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 13th Day of March next; and that Service
of this Order on his Attorney in the said Court of Exchequer be deemed good Service.
Hartpole against Walsh & al.
Upon reading the Petition and Appeal of George
Hartpole Esquire, Son and Heir of William Hartpole
Esquire, deceased; complaining of an Order, or Decree
of Dismission, of the Court of Chancery in Ireland, of the
27th Day of July last, made on the Behalf of Hunt Walsh,
John Tench, Philip Tench, and Robert Puisant; and
praying, "That the same may be reversed and set
aside, and such other Order made, for the Appellant's Relief, as to the great Wisdom and Justice of this
House shall seem meet:"
It is Ordered, That the several Persons last named
may have a Copy of the said Appeal; and they are
hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Tuesday
the 13th Day of March next; and that Service of this
Order on their Six Clerks in the said Court of Chancery
in Ireland be deemed good Service.
V. Garneck against E. Glasgow & al.
Upon reading the Petition and Appeal of George Viscount of Garnock, an Infant, by John Craufurd Esquire,
his Uncle, Guardian, and next Friend, and the same
John Craufurd for himself; complaining of Two Interlocutory Sentences of the Lords of Session in Scotland, of
the 10th of February 1735/6, and 15th of July 1736,
made on the Behalf of John Earl of Glasgow, William
Maull of Panmuir Esquire, George Dundass of Dudingstone, William Boyle of Shewaltoun, Archibald Brown of
Greenbank, William Borthwick of Falahill, Doctor John
Johnstone Physician in Glasgow, and Robert Simpson
Professor of Mathematicks in the University of Glasgow;
and praying, "That the same may be reversed; and
that the Appellants may have such Relief as to this
House, in their great Wisdom, shall seem meet:"
It is Ordered, That the several Parties last named
may have a Copy of the said Appeal; and they are
hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Tuesday
the 6th Day of March next; and that Service of this
Order personally on the said Respondents, or their
Procurators or Agents in the Cause before the Court of
Session, be deemed good Service.
Murray & al. against Blair & al.
Upon reading the Petition and Appeal of Mr. Archibald Murray Advocate, Mr. James Baillie and James
Armour Writers to the Signet, and William Robinson Writer in Edinburgh, Trustees for, and Assignees
by, the Creditors of Mr. William Scott, alias Blair,
of that Ilk, Advocate; complaining of an Interlocutory Sentence of the Lords of Session in Scotland, of
the 9th of July 1736, and of their Adherence thereto,
the 30th of the same Month; and likewise of an Interlocutor of the Lord Ordinary, of the 13th of the same
July, made on the Behalf of Hamilton Blair and his
Guardians; and praying, "That the same may be reversed; and that the Appellants may have such Relief
as to this House shall seem meet:"
It is Ordered, That the said Hamilton Blair and his
Guardians may have a Copy of the said Appeal; and
they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Tuesday the 6th Day of March next; and that Service of
this Order on their Counsel, or Agent, in the said Court
of Session in Scotland, be deemed good Service.
Geddes against E. Roseberry & al.
Upon reading the Petition and Appeal of Robert
Geddes of Scotstoun Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th
of January 1736/7, and so much of the Interlocutories of
the 28th of July and 8th of November 1737 as tend to
the setting aside the Effect of the Appellant's Arrestments
(except in so far as the same may be understood to
touch or concern so much of the Aliments as the Trustees for James Earl of Roseberry's Creditors had actually paid to the said Earl and his Family, preceding
the Date of the last Interlocutor complained of),
which the Appellant is now willing to allow; and
praying, "That he may have such Relief as to this
House, in their great Wisdom, shall seem meet:"
It is Ordered, That the said Earl of Roseberry, and
the several Persons who by the Trust-right were appointed Trustees, and also the said Earl's Tenants and
Creditors, who were Parties to the Action or Process in
the Court of Session, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the
6th Day of March next; and that Service of this Order
on them personally, or on their Agents, Solicitors, or
Procurators, before the said Court of Session, be
deemed good Service.
Respondents to answer E. Westmeach's Appeal.
Upon reading the Petition of Thomas Earl of Westmeath; praying, "In regard Silvester Reilly, John
Reilly, and James Rogers, have not answered the
amended Appeal of the Petitioner, that they may be
required to answer the same:"
It is Ordered, That the Parties abovenamed may
have a Copy of the said Appeal; and they are hereby
required to put in their Answer or respective Answers
thereunto, in Writing, on or before Tuesday the 13th
Day of March next; and that Service of this Order
upon the Respondents Attorney or Attornies in the
Court of Exchequer in Ireland be deemed good Service.
Respondents to be made to Garvan's Appeal.
Upon reading the Petition of Francis Garvan Gentleman; praying, "In regard the Petitioner is advised
to amend his former Appeal, by charging several
Facts in the Cause omitted therein, and by adding
other Parties thereto; that he may be at Liberty to
amend his said Appeal, in the Matters aforesaid, and
by making Pierce Arthur, Barry Hartwell Clerk, and
Maurice Fitzgerald, Respondents therein:"
It is Ordered, That the Petitioner have Liberty
to amend his said Appeal, in the Particulars desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Meneven.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Godolphin, C. P. S.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Newcastle.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Stanhope.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Carteret.
Ds. Cathcart.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Lovell.
Ds. Raymond. |
PRAYERS.
Lavallin against Gould.
The Answer of Christian Gould, to the Appeal of James
Lavallin Senior and others, was brought in.
Burke against Blake.
As was likewise, the Answer of Thomas Blake Esquire,
to the Appeal of Gerald Burke Esquire.
Butler & al. against Rowley & al.
Upon reading the Petition and Appeal of Thomas
Butler Esquire and Mary Butler, alias Ormsby, his
Wife, and of Lawrence Steel Esquire, and James Howison
Gentleman; complaining of a Decree of the Court of
Chancery in Ireland, the 21st of November last, made
in a Cause wherein the Appellants were Plaintiffs, and
Hercules Langford Rowley Esquire, Elizabeth his Wife,
and Jane their Daughter, Catherine Fitzgerald, O'Brien
Dilks Esquire and Jane his Wife, John Curtis, and
Robert French, were Defendants; and praying, "That
the same may be reversed, and such further and other
Relief granted as to the Wisdom of this House shall
seem meet:"
It is Ordered, That the said Defendants may have
a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers
thereunto, in Writing, on or before Wednesday the 14th
Day of March next; and that Service of this Order on
their Six Clerk or Six Clerks in the said Court be
deemed good Service.
Sir Hew Dalrymple against Sir Alexander Hope & al.
Upon reading the Petition and Appeal of Sir Hew
Dalrymple, alias Hamilton, Baronet; complaining of an Interlocutory Sentence of the Lords of Session in Scotland,
of the 18th of January, 1737/8, in as far as it finds, by
the Conception of the Talzie in the Appeal mentioned,
the Succession to the Estate of Barganie devolved upon
Sir Alexander Hope, Eldest Son of the only Daughter
of John Lord Bargainie, and that he ought to be
served Heir of Talzie preferable to the Appellant, made
on the Behalf of Sir Alexander Hope and Miss Mary
Buchan; and praying, "That the said Interlocutory
Sentence may be reversed; and that the Interlocutor
of the said Lords of Session of the 16th of July
1736, may be affirmed; and that such Relief may be
given to the Appellant as to this House shall seem
meet:"
It is Ordered, That the said Sir Alexander Hope and
Miss Mary Buchan 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 7th Day of March next; and that
Service of this Order on their Counsel or Agents in the
said Court be deemed good Service.
Monro against Polson & al.
Upon reading the Petition and Appeal of David
Monro, Writer to the Signet; complaining of the First
Part of an Interlocutory Sentence of the Lords of
Session in Scotland, of the 7th of January 1737/8, whereby
the Lords found sufficient Evidence to presume, that
the Reversion granted to David Monro was no proper
Estate in him, but that his Name was only made Use of
for the Behoof of John Monro his Father; and also of
an Interlocutory Sentence of the same Lords, of the
6th of July 1738, adhering to their former Interlocutor;
and likewise of an Interlocutor of the Lord Ordinary,
of the 19th of the same Month, made on the Behalf
of John Polson, James Cuthbert, Alexander Ross of Easterfearn, Roderick Macleod, John Davidson, William Duff,
Thomas Ross, Alexander Ross of Ankerville, Alexander
Ross Writer to the Signet, John Baillie, William Ross
of Sandwick Writer in Edinburgh, Andrew Barclay,
William Reid, Charles Robertson, Daniel Forbes, Malcolm
Ross, Daniel Ross, and William Frazer; and also the
Representatives of Captain David Ross; William Ross
late Baillie of Tayne, Andrew Barclay, and Anna Macleod, who are lately dead; and praying, "That the
same may be reversed, and such Relief granted as to
the great Wisdom of this House shall seem meet:"
It is Ordered, That the several Parties last named
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 7th Day of March next; and that Service of this
Order upon them, or their Agents before the said Court,
be deemed good Service.
Respondents to answer Garvan's Appeal.
Upon reading the Petition of Francis Garvan Gentleman; praying, "In regard he has amended his Appeal,
according to your Lordships Permission Yesterday;
that Pierce Arthur, Barry Hartwell Clerk, and
Maurice Fitzgerald, may be required to put in their
Answer at such Time as this House shall prefix:"
It is Ordered, That the said Parties do put in their
Answer or respective Answers thereunto, in Writing,
on or before Wednesday the 14th Day of March next;
and that Service of this Order on their respective Attorney or Attornies in the Court of Exchequer in
Ireland be deemed good Service.
Hamilton's Petition referred to Judges.
Upon reading the Petition of Archibald Hamilton
Esquire, commonly called Lord Archibald Hamilton;
praying Leave to bring in a Bill, to enable him to sell
and convey the Capital Messuage and Mansion-house in
the Parish of Remneham, in the County of Berks, called
Park Place, and Strouds Farm, and Bottom House Farm,
subject to the Yearly Payment of One Hundred Pounds,
as in the Petition mentioned, to Sir William Irby and his
Heirs, for the Sum of Eight Thousand Pounds; and
for paying that Sum to Trustees, to be laid out in the
Purchase of Lands, to be settled to the like Uses as the
said Premises called Park Place were limited and settled
by an Indenture of Release, in the Petition mentioned,
of the 9th of June 1725:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Chaple and Mr. Baron Fortescue; with the usual Directions, according to the Standing Order.
Prohibited East India Goods, &c. Account delivered.
The House being informed, "That some of the
Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,
"The Report of the said Commissioners, with the
Accounts of prohibited East India Goods, and Naval
Stores imported, from Michaelmas 1737, to Michaelmas
1738."
And then they withdrew.
And the Titles of the said Accounts were read by the
Clerk, and are as follow:
"No 1. An Account of prohibited East India Goods
in the Warehouses at St. Hellens, approved by the
Commissioners of the Customs, pursuant to an Act of
Parliament, for the Reception of the said Goods;
with what has been brought in, delivered out for
Exportation, and now remains in the said Warehouses,
between the 29th of September 1737, and 29th of
September 1738."
"No 2. An Account of 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, and delivered out for Exportation, and
what remains in the said Warehouses, from the 29th
of September 1737, to the 29th of September 1738."
"No 3. An Account of what prohibited East India
Goods remained in His Majesty's Warehouse at the
Port of London, at Michaelmas 1737; as also what
brought in since, what exported, and what remained
at Michaelmas 1738."
"No 4. An Account of East India Goods prohibited
to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports of England, at
Michaelmas 1737; with what has been brought in
since that Time, what exported, as also what remained at Michaelmas 1738."
"No 5. An Account of Naval Stores imported from
Russia into the Port of London, from Michaelmas
1737; to Michaelmas 1738."
"No 6. An Account of Naval Stores imported from
Russia into the Ports of England (commonly called
the Out Ports) from Michaelmas 1737 to Michaelmas
1738."
Scot & al. against Magistrates of Glasgow:
After hearing Counsel, upon the Petition and Appeal
of Andrew Scot Deacon, and the other Members of the
Incorporation of Baxters in Glasgow; complaining of
an Interlocutor of the Lords of Session in Scotland, of
the 31st of January 1737, in so far as concerns the
Quality adjected thereto, that the Regulation of the
Magistrates should take Place or continue until the
Event of discussing the Suspension; and also complaining
of another Interlocutor of the said Lords, the 21st of
February following, refusing the Desire of the Appellants Petition; and also of another Interlocutor of the
said Lords, of the 24th of the same February, refusing
the Desire of the Appellants Second Petition; and
praying, "That the said Interlocutors may be reversed,
amended, or varied; and that such Injunction may
be given, for the Appellants Redress and Relief, as to
this House shall seem meet:" As also upon the Answer of the Magistrates and Town Council of Glasgow,
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
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:
And it is hereby further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 8o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Cant.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Petriburg.
Epus. Meneven.
Epus. Eliens.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Comes Godolphin, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Lothian.
Comes Pembroke.
Comes North'ton.
Comes Warwick.
Comes Chesterfield.
Comes Essex.
Comes Anglesey.
2. Comes Litchfield.
1. Comes Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
2. Ds. Clifton.
1. Ds. North & Guil.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Montjoy.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
E. Fingall & al. against Naper & al.
Upon reading the Petition and Appeal of Robert
Plunket Esquire, commonly called Earl of Fingall, John
Nugent Esquire and Margaret his Wife, Maurice O'
Connor Esquire and Mary his Wife, and Edmund Nugent
a Minor, under the Age of Twenty-one Years, by his
Guardian and next Friend Robert Nugent Esquire, and
Edward Hussey Esquire; complaining of a Decree of the
Court of Chancery in Ireland, of the 11th Day of February 1737, as far as the same tends to charge the
Lands in the County of Meath, from the 11th of January 1732, with the Interest of the Sums computed to
be then due, for Principal and Interest, for and on account of several Sums awarded to the Appellants John
Nugent and Margaret his Wife, and Maurice O'Connor
and Mary his Wife, as a Principal or Gross Sum; and of
that Part of the said Decree which directs so much of
the Trust Terms in the said Lands in the County of
Meath to be sold, as will satisfy the Respondents Principal and Interest thereby decreed to them; which Decree was made in a Cause wherein James Lenox Naper
and William Naper Esquire were Plaintiffs, and the Appellants Defendants; and praying, "That so much of
the said Decree as in the Appeal mentioned may be
reversed and set aside:"
It is Ordered, That the said James Lenox Naper and
William Naper 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
Thursday the 15th Day of March next; and that Service
of this Order on their Attorney or Attornies in the said
Court be deemed good Service.
Gore & al. against Whitlaw & al.
Upon reading the Petition and Appeal of Dame Letitia Gore, Widow of Sir Nathaniel Gore, deceased,
Booth Gore, John Gore, Letitia Gore Junior, Angel Catherine Gore, Infants, Children of the said Sir Nathaniel and Dame Letitia, by Humphry Booth Esquire
their Guardian, John Booth, Lewis Jones, and Arthur
Earl of Granard; complaining of Two Decrees of the
Court of Exchequer in Ireland, of the 26th of May
1731, and 22d of February 1732, made in a Cause
wherein William Whitlaw Clerk and others were Plaintiffs, and the Appellants, or some of them, Defendants;
and praying, "That the said Decrees may be reversed,
varied, or rectified, and such Relief granted to the
Appellants, and such Order made, as to the great
Wisdom and Justice of this House shall seem meet:"
It is Ordered, That Alice Whitlaw Widow and
Henry Donolly 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
Thursday the 15th Day of March next; and that Service of this Order on their Attorney or Attornies in the
said Court be deemed good Service.
Mercer to amend Appeal.
Upon reading the Petition of Robert Mercer; setting
forth, "That John French, One of the Respondents to
the Petitioner's Appeal, is lately dead; but, by his
Will, has appointed Robert his Son and Mark French
Executors;" and praying Liberty to amend his said
Appeal, by making the said Robert and Mark French
Parties thereto; and that the same may stand revived
against them:
It is Ordered, That the Petitioner have Leave to
amend his said Appeal, as desired; and that the same
do stand revived accordingly.
Warren peremptorily to answer Roche's Appeal.
The House was informed, "That Robert Warren,
Respondent to the Appeal of John Roche and William
Mahony Esquires, had not put in his Answer thereunto, though duly served with the Order of this
House for that Purpose."
And thereupon an Affidavit, made by Thomas French,
of the City of Cork, Gentleman, of the due Service of
the said Order, being read:
It is Ordered, That the said Robert Warren do peremptorily put in his Answer to the said Appeal in a
Week.
Hamilton to enter into Recognizance for Murray Kynynmound;
The House being moved, "That Alexander Hamilton
Gentleman, may be permitted to enter into a Recognizance for Mr. Hugh Murray Kynnynmound, on account of his Appeal depending in this House; he
being in Scotland:"
It is Ordered, That the said Alexander Hamilton
may enter into a Recognizance for the said Appellant,
as desired.
Wemyes, for Hartpole;
The like Motion and Order, for Henry Wemyes Esquire
to enter into a Recognizance for Robert Hartpole; for
a Reason of the same Nature.
Dalrymple, for Sir Hew Dalrymple.
The like Motion and Order for John Dalrymple
Esquire to enter into a Recognizance for Sir Hew Dalrymple; for a Reason of the like Nature.
Convention with Spain, &c. delivered.
The Duke of Newcastle (by His Majesty's Command)
presented to the House,
"A Copy of the Convention between Great Britain
and Spain, concluded at The Pardo, January 14th,
1739, N. S. and Translation."
Also, "Copy of the First Separate Article belonging
to the said Convention, and Translation."
And likewise, "Copy of the Second Separate Article belonging to the same Convention, and Translation."
Together with, "Copies of His Majesty's and the
King of Spain's Ratifications of the said Convention."
And the Translations of the Convention and the Two
Separate Articles being read by the Clerk:
Ordered, That the same, together with the other
Papers thereto belonging, be taken into Consideration
on Tuesday the 27th of this Instant February; and the
Lords to be summoned.
E. Westmeath against Madan:
The House being informed, "That Mr. Edward
Clancey attended, in order to deliver in several Papers,
Pleadings, and Proceedings, in the Cause wherein
Thomas Earl of Westmeath is Appellant, and Doctor
Madden & al. are Respondents:"
Pleadings proved;
He was accordingly called in; and delivered, at the
Bar, the said Papers and Proceedings; and attested upon
Oath, "The same were true Copies, he having examined them with the Originals, in the proper Offices
in Ireland."
And then he was directed to withdraw.
and Burke against Blake.
In like Manner, Mr. David Jenkinson was called in, and
sworn; and delivered in Copies of Papers, Pleadings,
and Proceedings, in the Cause wherein Gerald Burke
Esquire is Appellant, and Sir Walter Blake Baronet
Respondent.
And, having made the like Attestation, he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
nonum diem instantis Februarii, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 9o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Meneven.
Epus. Eliens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Comes Godolphin, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Portland.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Shaftesbury.
Comes Abingdon.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Hyndford.
Comes Ilay.
Comes Bristol.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Cornwallis.
Ds. Cathcart.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie. |
PRAYERS.
Gambier's Writ of Error Non pros'd.
Upon reading the Petition of William Gale, Defendant in a Writ of Error depending in this House,
wherein James Gambier Esquire, late Warden of The
Fleet, is Plaintiff; praying, "In regard the Plaintiff
in Error has not assigned Errors within the Time
limited by the Standing Order of this House; that the
said Writ of Error may be Non pros'd, with such
exemplary Costs as to the House shall seem meet:"
It is Ordered, That the Petitioner do forthwith
enter a Non pros. on the said Writ of Error, as desired;
and that the Record be remitted to the Court of King's
Bench, to the End Execution may be had upon the
Judgement given in that Court, as if no such Writ of
Error had been brought into this House: And further,
That the Plaintiff in Error do pay, or cause to be
paid, to the Defendant in Error, the Sum of Twenty
Pounds, for his Costs by reason of the Delay of the
Execution of the said Judgement.
Pleadings proved in Causes.
The House was informed, "That Mr. Thomas
Hartley attended, in order to deliver in several
Papers, Pleadings, and Proceedings, in the respective
Causes following; (videlicet,)
"Garvan
against
Damer;
"Edgworth
against
Edgworth:"
He was called in; and delivered, at the Bar, the
said Papers, Pleadings, and Proceedings; and attested
upon Oath, "The same were true Copies, he having
examined them with the Originals in the proper
Offices in Ireland."
And then he was directed to withdraw.
Report, Commissioners of Greenwich Hospital, delivered.
The House being informed, "That Mr. Corbett,
from the Commissioners of Greenwich Hospital, attended:"
He was called in; and presented, at the Bar,
"A Report of the Commissioners of Greenwich
Hospital, what Money has been received from the
Derwentwater Estate, in the Year 1738; and of their
Proceedings in carrying on the Building."
And then he was directed to withdraw.
And the Title of the said Report was read.
Manners, a Satire, complained of; and Author and Printer to attend.
Complaint was made to the House, of a printed
Pamphlet, intituled, "Manners, a Satire; by Mr.
Whitehead. Printed for R. Dodsley, at Tully's Head,
Pall Mall."
And the Title thereof, as also some Passages in the
Poem, being read:
Ordered, That the said Whitehead and Dodsley do
attend this House on Monday next; and the Lords to
be summoned.
Lady Lawley against Allen & al.:
After hearing Counsel, upon the Petition and Appeal
of Elizabeth Halpenn, commonly called Lady Lawley,
Wife of Mark Halpenn; complaining of several Orders
of the Court of Exchequer, of the 6th of May 1737,
the 28th of November and 25th of February following,
made in a Cause wherein Joseph Butler, since deceased,
and Judith his Wife, and George Bateman Lawley, an
Infant, by his Guardians, were Complainants, and the
said Mark Halpenn and the Appellant Defendants; and
praying, "That the said Orders may be reversed and
set aside; and that the Appellant may have such further and other Relief as to the House shall seem meet;
and, in order thereto, that the said Judith Lawley,
George Bateman Lawley, and one Richard Allen, may
put in their Answers to the said Appeal:" As also
upon the joint and several Answer of the said Judith
Lawley and George Bateman Lawley, and the separate
Answer of the said Richard Allen, 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
said Petition and Appeal be, and is hereby, dismissed
this House; and that the said several Orders therein
complained of be, and the same are hereby, affirmed:
And it is hereby further Ordered, That the Appellant
do pay, or cause to be paid, to the Respondent the
said Richard Allen, the Sum of One Hundred Pounds,
for his Costs in respect of the said Appeal.
Proof against Hines.
Upon reading the Petition and Appeal of Robert
Proof; complaining of a Decree of the Court of Chancery, of the 3d Day of July 1735, made in a Cause
wherein the Appellant was Plaintiff, and Thomas Hines
Defendant, and several subsequent Orders of the said
Court; and praying, "That the same may be reversed;
and such Relief given the Appellant as to this House
shall seem meet:"
It is Ordered, That the said Thomas Hines may
have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing,
on or before Friday the Twenty-third Day of this
Instant February.
Buchan against Sir Alex. Hope and Sir Hew Dalrymple.
Upon reading the Petition and Appeal of Mary
Buchan Spinster; complaining of so much of an Interlocutory Sentence of the Lords of Session in Scotland, of
the 18th of January 1737/8, as finds, "That, by the Conception of the Talzie, Sir Hew Dalrymple was called to
the Succession of the Estate of Bargainie, preferable to
the Appellant; and that the said Succession devolved
on Sir Alexander Hope; and therefore he ought to be
served Heir of Talzie, preferable to Sir Hew Dalrymple
and the Appellant;" and also complaining of so much
of an Interlocutor of the said Lords, of the 6th of July
last, as affirms that Part of the Interlocutor the Appellant complains of, or is conformable thereto; and
likewise complaining of an Interlocutor of the same
Lords, of the 11th of the same July, whereby they
found the Appellant ought not to be served Heir of
Entail preferably to Sir Alexander Hope; and praying
such Relief as to the great Wisdom of this House
shall seem meet and just:
It is Ordered, That the said Sir Hew Dalrymple
and Sir Alexander Hope may have a Copy of the said
Appeal; and they are hereby required to put in their
Answer or respective Answers thereunto, in Writing,
on or before Friday the 9th Day of March next; and
that Service of this Order on their Counsel or Agents
in the said Court be deemed good Service.
Marquis Annandale against E. and C. Hoptoun, et è contra.
Ordered, That the Cause wherein the Marquis of
Annandale is Appellant, and the Earl and Countess of
Hoptoun are Respondents, et è contra, which stands to
be heard on Monday next, be put off to the Wednesday
following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
duodecimum diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.