March 1738, 11-20
DIE Lunæ, 12o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Essex.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Clifton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Gower.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Miss Buchan against Hamilton.
The several and separate Answer of Sir Hew Hamilton,
otherwise Dalrymple, Baronet, One of the Respondents
to the Appeal of Mary Buchan Spinster, was brought in.
King's Answer to Address.
The Earl of Fitzwalter reported, "That the Lords
with White Staves had (pursuant to the Order of
Thursday last) presented to His Majesty the Address
of this House, for a Copy of the Articles of War,
and List of the Promotion of the Officers of the
Army; and that His Majesty had been pleased to
give Order, that the same be laid before their Lordships accordingly."
Articles of War and List of Officers delivered.
Then the House being informed, "That Mr. Arnold,
from the War-office, attended:"
He was called in; and delivered, at the Bar, the said
Articles and List.
And then he withdrew.
And the Titles thereof were read, as follow:
"Articles of War intended to be established for the
Year ensuing."
"A List of the Promotion of the Officers of the Army,
since the 25th of March 1738; distinguishing such of
the said Officers as were in His Majesty's Service, or
in Half Pay, before the said 25th of March; with the
Dates of the Commissions of such Officers."
Report about printing Lords Protest.
The Lord Delawarr reported from the Lords Committees appointed to inquire after, and find out, the
Printer and Publishers of a Paper, intituled, "The Lords
Protest against the Convention Treaty; and, A List of the
Lords who voted against an Address to approve of the
Convention:" "That the Committee having met, in
order to make the Inquiry by the House directed,
were informed by Mr. John Bancroft, One of the Doorkeepers, "That he the said Bancroft, by the Direction of the Gentleman Usher of the Black Rod, went
to the House of James Watson, a Printer, near Doctors
Commons; where he found the Press set, and Persons
working off printed Copies of the said Protest; and
that, pursuant to the Order of the House for that
Purpose, he seized all the said printed Copies, and
stayed there till the Press was broke."
"That the said Watson attended the Committee; and,
upon his Examination, consessed that he printed the
said Protest; but would not own from whom he had
the Copy, pretending that One Copy, which was an
imperfect one, was sent him (he did not know by
whom) under a Cover, sealed up, by the Penny Post;
and that the other Copy, which he printed from, was
given to him at a Coffee-house, by a Man whom he
never saw before; who told him, "That a Friend
and Well-wisher of his sent it him."
"That, upon his being examined where he had the
List of Lords who voted against an Address to approve of the Convention, which is printed with the
said Protest; he said, "That he copied it at a Coffeehouse, from a Paper which lay publicy upon the
Table, among the News Papers:" But would not own
at what Coffee-house; pretending that he saw the said
List at several Coffee-houses; and that he could not
recollect with Certainty at what Coffee-house he copied it.
"That the said Watson, being asked, "Whether he
had the Copy of the said Protest which he printed
from?" said, "He believed he could find it at
Home." Whereupon he was ordered to attend the
Committee this Day, and bring the said Copy with
him.
"That the said Watson accordingly attended the
Committee, and delivered the said Copy to their
Lordships; which Copy appeared to be wrote by Mr.
Price, One of the Writers in the Parliament-office."
Which Report being read by the Clerk:
Watson, the Printer, committed to Newgate.
Ordered, That the Gentleman Usher of the Black
Rod do forthwith attach the Body of the said James
Watson, for his said Offence; and do convey, or cause him
to be conveyed, to the Prison of Newgate, and delivered
to the Keeper thereof, to be by him there safely kept
during the Pleasure of this House; and this shall be a
sufficient Warrant on that Behalf.
To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod, his
Deputy or Deputies, and every of
them; and also to the Keeper of
Newgate, his Deputy or Deputies,
and every of them.
Talbot's Petition referred to Judges.
Upon reading the Petition of Henry Talbot Esquire
and Catherine his Wife; praying Leave to bring in a
Bill, for vesting certain Estates, in the Petition mentioned, in the County of Warwick, in the Petitioner
Henry, in Fee Simple, discharged of the Uses in his
Marriage Settlement; and settling Lands in Norfolk, of
greater Value, to the Uses of the said Settlement.
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and Mr. Baron
Thomson; with the usual Directions, according to the
Standing Order.
Polson & al. peremptorily so answer Monro's Appeal.
The House was informed, "That John Polson and
others, Respondents to the Appeal of David Monro
Writer to the Signet, have not put in their Answers
thereunto, though duly served with the Order of
this House for that Purpose."
And thereupon Affidavits, made by Mr. John Kennedy Writer in Edinburgh, David Ross Commissar Clerk
of Ross, and Alexander Monro Sheriff Clerk of Invernes,
of the due Service of the said Order, being read:
Ordered, That the several Respondents to the said
Appeal do peremptorily put in their Answer or respective Answers thereunto, in a Week.
Mutiny Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for punishing Mutiny and
Desertion; and for the better Payment of the Army
and their Quarters."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said
Committee, "That they had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Kent & al. against Whitby & al. in Error.
After hearing Counsel, to argue the Errors assigned
upon a Writ of Error brought into this House the 22d
Day of February last, wherein John Kent and James May
are Plaintiffs, and Robert Whitby and Catherine his Wife
Defendants, in order to reverse a Judgement given in
the Court of King's Bench in England, affirming Proceedings at Law, had as well in the Court of Common
Pleas as the Court of King's Bench in Ireland; and due
Consideration had of what was offered on both Sides in
this Cause:
Judgement, affirmed with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Judgement, given in the said Court of King's Bench
in England, affirming the said Proceedings, be, and the
same is hereby, affirmed; and that the Transcript of the
Record be remitted, to the End Execution may be had
thereupon as if no such Writ of Error had been brought
into this House: And it is further Ordered, That the
Plaintiffs in Error do pay, or cause to be paid, to the
Defendants in Error, the Sum of One Hundred Pounds,
for their Costs sustained by reason of the bringing of
the said Writ of Error.
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted, is
as follows; (videlicet,)
"And because the Court of the said Lord the King,
before the King Himself, in His Parliament at Westminster aforesaid, is not yet advised what Judgement
to give of and upon the Premises, a Day is thereupon
given to the Parties aforesaid, before the said Lord
the King in His Parliament, until Monday the Twelfth
Day of March then next following, to hear their
Judgement of and upon the Premises aforesaid, because the Court of the said Lord the King in His
Parliament is not yet advised thereof; at which Day,
before the said Lord the King in His Parliament at
Westminster, came as well the aforesaid John Kent
and James May, as the aforesaid Robert Whitby and
Catherine his Wife, by their Attornies aforesaid;
whereupon, as well the Record and Proceedings aforesaid, and the Judgement thereupon given, as the
Causes thereupon assigned for Error, being seen and
examined by the Court of Parliament aforesaid, it is
considered, by the Court of Parliament aforesaid, that
the aforesaid Judgement given in the Court of Common Pleas in the aforesaid Kingdom of Ireland, and
the Affirmance of the said Judgement in the Court of
the said Lord the King, before the King Himself, in
the aforesaid Kingdom of Ireland, and the Affirmance
of the said Judgement in the Court of the said Lord
the King, before the King Himself, here in England,
and the Award of the Writ of Inquiry of the Value
of the said Dower, and the Adjudication of Execution
on the said Judgement, and the said several Affirmances aforesaid, in the Court of the said Lord the
King, before the King Himself, in the said Kingdom of Ireland, and the Affirmance of the said Adjudication of Execution in the said Court of the said
Lord the King, before the King Himself, here in
England, be in all Things affirmed; and it is further
considered by the Court of Parliament aforesaid, that
the aforesaid Robert Whitby and Catherine his Wife
do recover against the aforesaid John Kent and James
May One Hundred Pounds, to be paid to the aforesaid Robert Whitby and Catherine his Wife, for their
Costs and Charges, occasioned by the Delay of Execution of the aforesaid Judgement, by Pretence of the
Prosecution of the aforesaid Writ of Error; and that
the aforesaid Record be remitted into the Court of
the said Lord the King, before the King Himself,
wheresoever He shall be in England, to the End that
the same may from thence be remitted into the Court
of the said Lord the King, before the King Himself,
in Ireland; and that Execution may be had thereupon,
and so forth."
Worth, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Henry
Worth, for himself and on Behalf of his Brother, a
Lunatic; praying Leave to bring in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for selling and disposing of Part of the Estate of
John Worth Esquire, a Lunatic, for discharging the
Debts, Portions, and Encumbrances, charged upon
and affecting the same."
Bewholm Manor Enclosure, Bill.
The Earl of Findlater (pursuant to the Order of the
6th Instant) presented to the House a Bill, intituled,
An Act for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Common Pasture,
in the Lordship of Bewholm, otherwise Bewham, in
the Parish of Nunkeeling, in the County of York; and
for settling and establishing the Payment of a Yearly
Sum to the Impropriators of the Rectory of Nunkeeling
aforesaid, and their Heirs, in Lieu of Tithes arising
within the said Lordship, pursuant to Agreement between the said Impropriators and the Proprietors of
the said Lands."
And the same was read the First Time.
Hunmanby Moor to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for confirming certain Articles of Agreement, between
the Lord of the Manor of Hunmanby, and the Vicar
and Freeholders of Hunmanby, in the County of
York, for enclosing Part of the Moor in Hunmanby
aforesaid."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
Ld. Steward.
D. Richmond.
D. Leeds.
D. Bedford.
D. Devon.
D. Marlborough.
D. Montagu.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Shaftesbury.
E. Scarbrough.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Strafford.
E. Harborough.
E. Fitzwalter.
Vis. Fauconberg.
Vis. Torrington. |
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Litch. & Cov.
L. Bp. Sarum.
L. Bp. St. Davids.
L. Bp. Glocester.
L. Bp. Oxon.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Bristol. |
L. Abergavenny.
L. Delawarr.
L. Clifton.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Carteret.
L. Gower.
L. Cathcart.
L. Masham.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Monson.
L. Raymond.
L. Talbot. |
Their Lordships, or any Five of them; to meet on
Tuesday the 27th Instant, at the usual Time and
Place; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum quartum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 14o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Montagu.
Dux Buccleuch.
Dux Kent.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes North'ton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Maynard.
Ds. Carteret.
Ds. Gower.
Ds. Cathcart.
Ds. Boyle.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Monson.
Ds. Raymond. |
PRAYERS.
Sir H. Dalrymple against Buchan.
The Answer of Mary Buchan Spinster, to the Appeal
of Sir Hew Dalrymple, was put in.
Kinloch against Kinloch & al.
As was also, the several and joint Answer of David
Kinloch and Alexander Kinloch, Sons of Sir Francis Kinloch Baronet, and others, to the Appeal of Mr. Francis
Kinloch Advocate.
And likewise, the several and joint Answer of Dame
Mary Rochead, Spouse to the said Sir Francis, and others,
to the same Appeal.
And also, the joint and several Answer of Hugh Murray Kynnynmound Esquire, to the same Appeal.
Murray Kynnynmound against Lady Rochead & al.
The several and joint Answer of the said Dame Mary
Rochead, to the amended Appeal of Mr. Hugh Murray
Kynnynmound and others, was brought in.
As was likewise, the several and joint Answer of
Francis, David, and Alexander Kinloch, Sons of Sir
Francis Kinloch Baronet, and others, to the same Appeal.
Sir H. Dalrymple against Sir A. Hope & al. et è contra.
Whereas, on the 7th of February last, an Appeal of
Sir Hew Dalrymple, alias Hamilton, Baronet, was
brought into this House; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the
18th of February 1737/8, and other Proceedings; and
on the 9th of the same Month an Appeal of Mary Buchan Spinster was brought into this House, complaining
likewise of the abovementioned Interlocutor, and other
Proceedings of the said Lords; to which said Appeals
Sir Alexander Hope Baronet is Respondent:
The House being this Day moved, "In regard both
the said Appeals relate to the same Matter, that they
be heard together:"
It is Ordered, That this House will hear Counsel
on the said Appeals, and the Answers put in thereunto,
on Monday the 26th Day of this Instant March.
Murray Kynnynmound & al against Kinloch & al. et è contra.
Whereas, on the 2d of February last, an 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
Dalrymple of Haills Baronet, by Mr. Hugh Somerville
Writer to His Majesty's Signet at Edinburgh, his Tutor
ad Lites, was brought into this House; complaining of an Interlocutor of the Lords of Session in Scotland, of the 23d of June 1738, and other Proceedings:
And, on the 14th of the same Month, an Appeal
of Mr. Francis Kinloch Advocate was brought into this
House; complaining likewise of the abovementioned Interlocutor of the said Lords, and other Proceedings: To
which said Appeals Sir James Dalrymple Baronet and
others are Respondents:
The House being this Day moved, "In regard both
the said Appeals relate to the same Matter, that they
be heard together:"
It is Ordered, That this House will hear Counsel,
on the said Appeals, and the Answers put in thereunto,
on Wednesday the 28th Day of this Instant March.
Mould to take the Name of Moore, Bill.
A Message was brought from the House of Commons,
by Sir Jermyn Davers and others:
With a Bill, intituled, "An Act to enable John
Mould Esquire and his Issue Male to take and use
the Surname and Arms of Moore, pursuant to the
Will of John Moore Esquire, deceased;" to which they
desire the Concurrence of this House.
Gregory to take the Name of Wade, Bill.
A Message was brought from the House of Commons,
by Sir Charles Mordant and others:
With a Bill, intituled, "An Act to enable Charles
Gregory Esquire, now called Charles Gregory Wade, and
his Issue Male, to use the Surname of Wade;" to
which they desire the Concurrence of this House.
Crouch to take the Name of Pyke, Bill.
A Message was brought from the House of Commons, by Mr. Bramston and others:
With a Bill, intituled, "An Act to enable John
Crouch Esquire, Eldest Son of Pyke Crouch Esquire,
deceased, and the Heirs Male of his Body, to take
and use the Surname of Pyke, pursuant to the Will of
John Pyke Esquire, deceased;" to which they desire
the Concurrence of this House.
The First mentioned Bill was read the First Time.
Bewholm Manor Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for making Divisions, Enclosures, and Allotments, of
the Open Corn Fields and Common Pasture, in the
Lordship of Bewholm, otherwise Bewham, in the
Parish of Nunkeeling, in the County of York; and
for settling and establishing the Payment of a Yearly
Sum to the Impropriators of the Rectory of Nunkeeling aforesaid, and their Heirs, in Lieu of Tithes
arising within the said Lordship, pursuant to Agreement between the said Impropriators and the Proprietors of the said Lands."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet),
|
Ld. President.
D. Montagu.
D. Greenwich.
D. Manchester.
D. Bridgewater.
E. North'ton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Findlater.
E. Dunmore.
E. Ilay.
E. Strafford.
E. Harborough.
E. Fitzwalter.
V. Fauconberg.
V. Lonsdale. |
L. Bp. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bangor.
L. B. Bristol. |
Ld. Delawarr.
L. Carteret.
L. Gower.
L. Cathcart.
L. Boyle.
L. Hay.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Monson.
L. Raymond. |
Their Lordships or any Five of them; to meet on
Thursday the 29th Instant, at the usual Time
and Place; and to adjourn as they please.
Worth's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
selling and disposing of Part of the Estate of John
Worth Esquire, a Lunatic, for discharging the Debts,
Portions, and Encumbrances, charged upon and affecting the same."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn
as they please.
Mutiny Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Sawyer:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
L. Arch. Hamilton's Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Archibald Hamilton Esquire, commonly called
Lord Archibald Hamilton, and his Heirs, the Lands,
Tenements, and Hereditaments, in the County of
Berks, therein mentioned, in Trust, to convey the
same to Sir William Irby Baronet, and his Heirs; and
for laying out the Purchase-money in the Purchase of
Lands, Tenements, and Hereditaments, to be settled
to the Uses, and upon the Trusts, therein mentioned,"
was committed: "That they had considered the said
Bill, and examined the Allegations thereof, which
were found to be true; that the Parties concerned
had given their Consents; and that the Committee
had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments, be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
decimum quintum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 15o Martii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Cant.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Leeds.
Dux Devon.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Pembroke.
Comes Warwick.
Comes Essex.
Comes (fn. 1) Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Effingham.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Clinton.
Ds. North & Guil.
Ds. Clifton.
Ds. Poulet.
Ds. Carteret.
Ds. Cathcart.
Ds. Boyle.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Murray against Blair.
The Answer of Hamilton Blair Esquire, to the Appeal
of Mr. Archibald Murray Advocate and others, was
brought in.
Brooksbank, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Stamp Brooksbank Esquire and his Wife; praying Leave to bring in
a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting the settled Estates of Stamp Brooksbank
Esquire, in the Counties of Suffolk and Cambridge, in
him and his Heirs; and for settling the Manor of
Helaugh, and divers Lands and Hereditaments in Helaugh, in the County of the City of York, of greater
Value, in Lieu thereof."
L. Arch. Hamilton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for vesting in Archibald Hamilton Esquire, commonly
called Lord Archibald Hamilton, and his Heirs, the
Lands, Tenements, and Hereditaments, in the County
of Berks, therein mentioned, in Trust, to convey the
same to Sir William Irby Baronet, and his Heirs; and
for laying out the Purchase-money in the Purchase of
Lands, Tenements, and Hereditaments, to be settled
to the Uses, and upon the Trusts, therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Sawyer:
To carry down the said Bill, and desire their Concurrence thereunto.
Crouch to take the Name of Pyke, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable John Crouch Esquire, Eldest Son of Pyke Crouch
Esquire, deceased, and the Heirs Male of his Body, to
take and use the Surname of Pyke, pursuant to the
Will of John Pyke Esquire, deceased."
Gregory to take the Name of Wade, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
to enable Charles Gregory Esquire, now called Charles
Gregory Wade, and his Issue Male, to use the Surname
of Wade."
Mould to take the Name of Moore, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable John Mould Esquire, and his Issue Male, to
take and use the Surname and Arms of Moore, pursuant to the Will of John Moore Esquire, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. Steward.
D. Leeds.
D. Montagu.
D. Portland.
D. Manchester.
E. Pembroke.
E. Warwick.
E. Shaftesbury.
E. Cholmondeley.
E. Findlater.
E. Ilay.
E. Strafford.
E. Harborough.
E. Effingham.
V. Fauconberg.
V. Lonsdale. |
L. Abp. Cant.
L. Bp. Rochester.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bristol. |
L. Abergavenny.
L. Clifton.
L. Poulet.
L. Carteret.
L. Foley.
L. Onslow.
L. Romney.
L. Ducie.
L. Raymond.
L. Talbot. |
Their Lordships, or any Five of them; to meet at
the usual Time and Place, on Tuesday next; and
to adjourn as they please.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on the Throne, with the
accustomed Ceremonies; the Prince of Wales, in his
Robes, sitting in his Place; the Lords being also in
their Robes; commanded the Gentleman Usher of the
Black Rod to let the Commons know, "That it is His
Majesty's Pleasure, they attend Him immediately, in
this House."
Who being come, with their Speaker;
The Clerk of the Crown read the Titles of the Bills
ready for the Royal Assent, as follow:
Bills passed.
"1. An Act for punishing Mutiny and Desertion,
and for the better Payment of the Army and their
Quarters."
To this Bill the Royal Assent was pronounced, in
these Words; (videlicet,)
"Le Roy le veult."
"2. An Act for naturalizing Jacob Hoffham Murison,
Nathaniel Voogd, Samuel Cley, and others."
"3. An Act for naturalizing James Nadal, William
Rene Morin, and Charles Delon."
To these Bills the Royal Assent was pronounced,
in these Words; (videlicet,)
"Soit fait comme il est desire."
Then His Majesty was pleased to retire; and the
Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Din against Wright.
Upon reading the Petition and Appeal of John Din
Writer in Edinburgh; complaining of an Interlocutor
of the Lords of Session in Scotland, of the 7th of December 1738; and also of another Interlocutor of the same
Lords, of the 19th of January following, adhering to
the said former Interlocutor; and likewise of an Interlocutor of the Lord Ordinary, of the 20th of February
last, made on the Behalf of James Wright Taylor or
Staymaker; and praying, "That the same may be reversed; and that the Appellant may have such Relief
as to the House shall seem meet:"
It is Ordered, That the said James Wright may
have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing, on
or before Thursday the 12th Day of April next; and that
Service of this Order upon his Agents, Solicitors, or
Procurators, before the said Court of Session, be deemed
good Service.
Rowley & al. peremptorily to answer Butler's Appeal.
The House being informed, "That Hercules Langford Rowley Esquire, and others, Respondents to the
Appeal of Thomas Butler Esquire and others, have not
put in their Answer, though duly served with the
Order of this House for that Purpose:"
And thereupon an Affidavit, made by Richard Jones
of Dublin Gentleman, of the due Service of the said
Order, being read:
Ordered, That the Respondents to the said Appeal
do peremptorily put in their Answer or respective Answers thereunto in a Week.
Quin against Johnston.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Valentine Quin
Esquire and others are Appellants, and John Johnston
is Respondent:"
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.
Blair against Murray.
The like Motion and Order, for hearing the Cause
wherein Archibald Murray Advocate and others are Appellants, and Hamilton Blair and his Guardians Respondents, on the next vacant Day for Causes after those already appointed.
Deykins to enter into Recognizance for Din.
The House being moved, "That Francis Deykins of
London Haberdasher may be permitted to enter into a
Recognizance for John Din, on account of his Appeal
depending in this House; he being in Scotland:"
It is Ordered, That the said Francis Deykins may
enter into a Recognizance for the Appellant, as desired.
His Majesty 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
Him on the joyful Occasion of her Royal Highness
the Princess of Wales happy Delivery of a Second
Prince.
And their Royal Highnesses also.
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 Duke of Manchester and the Lord Cadogan do
carry the said Message.
Committee to consider how Persons are to be admitted into the Gallery.
The House being moved, "That their Lordships
Standing Order of the 19th of December 1720, to
prevent Disorders in this House when His Majesty
is present," might be read:
The same was read accordingly.
Ordered, That the Lords Committees aforenamed
do consider of the Manner in which Persons shall be admitted into the Gallery lately erected in this House:
Their Lordships, or any Five of them; to meet at
the usual Place, on Tuesday next; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum nonum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 19o Martii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Bangor.
Epus. Bristol. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Bedford.
Dux Buccleuch.
Dux Athol, & Ds. Strange.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Abingdon.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Harborough.
Comes Graham.
Comes Kerr.
Comes Effingham.
Viscount Fauconberg. |
Ds. Delawarr.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Raymond. |
PRAYERS.
E. of Westmeath against Dr. Madden & al.
The Answer of the Reverend Doctor John Madden
Dean of Kilmore, and others, to the Appeal of Thomas
Earl of Westmeath in the Kingdom of Ireland, was
brought in.
Dillon against Attorney General of Ireland.
As was likewise, the Answer of Robert Jocelyn Esquire, His Majesty's Attorney General in Ireland, to the
Appeal of Robert Dillon and others.
Munroe against Davidson & al.
And also, the several and joint Answer of John Davidson of Whitehouse Clerk of Justiciary, Alexander Ross
Writer to His Majesty's Signet, and others, Creditors
to Alexander Ross of Easterfearn, or to his Father, to the
Appeal of David Monro, Writer to the Signet.
His Majesty's Answer to Congratulato Message:
The Lord Steward reported, "That the Lords with
White Staves (pursuant to the Order of this House on
Thursday last) had waited on His Majesty, to congratulate Him on the joyful Occasion of her Royal
Highness the Princess of Wales's happy Delivery of
another Prince; and that His Majesty was pleased to
receive their Lordships Congratulation very graciously,
and to look upon it as a fresh Instance of their Duty
and Affection to His Person and Family."
P. of Wales's Answer.
The Duke of Manchester reported, "That he and
the Lord Cadogan had also (according to Order) at
tended his Royal Highness the Prince of Wales, with
the Congratulatory Message from this House, on the
same joyful Occasion; and that His Royal Highness
was pleased to say, He thanked their Lordships,
for this Mark of their Duty to the King, and Regard
for him."
Monro against Polson & al.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein David
Monro is Appellant, and John Polson & al. 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.
E. Westmeath against Madden & al.
The like Motion and Order, for hearing the Cause
wherein Thomas Earl of Westmeath is Appellant, and
Doctor John Madden and others are Respondents, on the
next vacant Day for Causes after those already appointed.
Lavallin & al. against Gould.
The like Motion and Order, for hearing the Cause
wherein James Lavallin & al. are Appellants, and Christian
Gould is Respondent, on the next vacant Day for Causes
after those already appointed.
Dillon & al. against Attorney General of Ireland.
The like Motion and Order, for hearing the Cause
wherein Robert Dillon & al. are Appellants, and Robert
Jocelyn Esquire, His Majesty's Attorney General in
Ireland, is Respondent, on the next vacant Day for Causes
after those already appointed.
Townshend's Bill.
The Lord Cornwallis reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting a Messuage and Lands in Twickenham, late the
Estate of the Honourable William Townshend Esquire,
deceased, in Trustees, in Trust, to sell the same,
pursuant to an Article entered into by the said William
Townshend in his Life-time; and for applying the
Money arising by such Sale for the Benefit of Charles
Townshend, his only Son and Heir, an Infant," was
committed: "That they had considered the said Bill,
and examined the Allegations thereof, which they
found to be true; that the Parties concerned had
given their Consents; and that the Committee had
gone through the Bill, and directed him to report the
same to the House, without any Amendment"
Ordered, That the said Bill be engrossed.
D. of Norfolk's Pet. referred to Judges.
Upon reading the Petition of Edward Duke of Norfolk, Hereditary Earl Marshal of England; praying Leave
to bring in a Bill, to enable the Petitioner to grant
Building Leases for Ninety-nine Years of all or any Part
of his Lands, in or near the Township of Sheffield, in the
County of York:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and the Lord Chief
Justice of the Court of Common Pleas; with the usual
Directions, according to the Standing Order.
Brewer to take the Name of Risley, Bill.
The Earl of Warwick (pursuant to the Order of the
6th Instant,) presented to the House a Bill, intituled,
"An Act to enable Risley Brewer and his Heirs to take
and use the Surname and Arms of Risley, pursuant to
the Will of Paul Risley Esquire, deceased."
And the same was read the First Time.
Pailton Common, Enclosure, Bill.
The said Earl (pursuant to an Order of the House of
the same Day) presented a Bill, intituled, "An Act for
enclosing Part of certain Common Fields, in the Township of Pailton, in the County of Warwick."
And the said Bill was likewise read the First Time.
Crouch to take the Name of Pyke, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable John Crouch Esquire, Eldest Son of Pyke
Crouch Esquire, deceased, and the Heirs Male of his
Body, to take and use, the Surname of Pyke, pursuant
to the Will of John Pyke Esquire, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Bedford.
D. Buccleuch.
D. Newcastle.
D. Greenwich.
D. Manchester.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Abingdon.
E. Loudoun.
E. Findlater.
E. Hyndford.
E. Ilay.
E. Strafford.
E. Harborough.
E. Effingham.
L. V. Fauconberg. |
L. Abp. Cant.
L. B. Rochester.
L. B. Sarum.
L. B. St. Davids.
L. B. Glocester.
L. B. St. Asaph.
L. B. Bangor.
L. B. Bristol. |
L. Delawarr.
L. Cornwallis.
L. Carteret.
L. Haversham.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Ducie.
L. Hobart.
L. Raymond. |
Their Lordships, or any Five of them; to meet at
the usual Time and Place, on Wednesday next; and
to adjourn as they please.
Gregory to take the Name of Wade, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
to enable Charles Gregory Esquire, now called Charles
Gregory Wade, and his Issue Male, to use the Surname
of Wade."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the same Day, at the same Place; and to adjourn as they please.
Bell to take the Name of Lane, Leave for a Bill.
Upon reading the Petition of John Lane Esquire,
heretofore called John Bell; praying Leave to bring in
a Bill, to enable him to take and use the Surname of
"Lane only, and bear the Arms of James late Lord
Viscount Lanesborough in Chief, pursuant to his
Lordship's Will:"
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Hartpole to amend his Appeal.
Upon reading the Petition of George Hartpole Esquire;
praying Leave to amend his Appeal, by striking out
the Names of John Tench and Robert Pinsent, and inserting Philip Tench to be the only surviving Trustee in
a Deed in the said Appeal mentioned; the Two other
Trustees having been long since dead:
It is Ordered, That the Petitioner be at Liberty
to amend his said Appeal, as desired; he amending the
Respondents Copy.
Brooksbank's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
vesting the settled Estate of Stamp Brooksbank Esquire,
in the Counties of Suffolk and Cambridge, in him and
his Heirs; and for settling the Manor of Helaugh, and
divers Lands and Hereditaments in Helaugh, in the
County of the City of York, of greater Value, in Lieu
thereof."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
Tuesday the Third Day of April next, at the usual
Time and Place; and to adjourn as they please.
Address for State of the National Debt.
Ordered, That an humble Address be presented to
His Majesty, "That He will be graciously pleased to
order the proper Officer to lay before this House, the
State of the National Debt, provided or unprovided
for by Parliament, as it stood on the 31st of December 1737, and 31st of December 1738, together with
an Accompt of the Produce of the Sinking Fund in
that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said
Fund hath been applied."
Ordered, That the said Address be presented to His
Majesty by the Lords with White Staves.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum primum diem instantis Martii, hora undecima
Auroræ, Dominis sic decernentibus.