December 1738
DIE Martis, 4o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Hereford.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landav. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Athol, & Ds. Strange.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea & Nott.
Comes Holderness.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Ilay.
Comes Halifax.
Comes Graham.
Comes Fitzwalter. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Poulet.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Lovell.
Ds. Raymond. |
PRAYERS.
Reynell against Atkins.
The Answer of John Atkins Esquire, late Tracy, to
the Appeal of Charles Reynell Esquire, was brought
in.
Birmingham against E. Shelburne.
As was likewise, the Answer of Henry Earl of Shelburne, to the Appeal of Edward Birmingham and
others.
Reynell against Atkins.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Reynell
Esquire is Appellant, and John Atkins Esquire Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday Sevennight.
Knowlings et al. take the Oaths to be naturalized.
Margaret Knowlings, John Caspar Ries, Theophilus
Pritzler, and George Frederick Smith, took the Oaths appointed, in order to their Naturalization.
Liebenrood et al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. Steward.
D. Leeds.
D. Athol.
E. Suffolk.
E. Warwick.
E. Winchilsea.
E. Holderness.
E. Coventry.
E. Morton.
E. Loudoun.
E. Findlater.
E. Ilay.
E. Halifax.
E. Graham.
E. Fitzwalter. |
L. Bp. Hereford.
L. B. St. Davids.
L. B. St. Asaph.
L. B. Norwich.
L. B. Bristol.
L. B. Landaff. |
Ld. Delawarr.
L. Willoughby Br.
L. Poulet.
L. Carteret.
L. Haversham.
L. Hervey.
L. Cathcart.
L. Hay.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Lovell.
L. Raymond. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Friday next;
and to adjourn as they please.
Ordered, That the Petition of the Several Persons
praying to be added to the said Bill, be referred to the
same Committee.
Moore to enter into Recognizance for Aylmer:
The House being moved, "That Samuel Moore Gentleman may be permitted to enter into a Recognizance for Dame Ellis Aylmer, on account of her Appeal depending in this House; she being in Ireland:"
It is Ordered, That the said Samuel Moore may
enter into a Recognizance for the Appellant, as desired.
Gordon, for Sir J. Gordon:
The like Motion and Order, for John Gordon of London Esquire to enter into a Recognizance for Sir John
Gordon of Embo Baronet; he being in Scotland.
Blyke, for Bryce and others.
The like Motion and Order, for Samuel Blyke of London Gentleman to enter into a Recognizance for Ninian
Bryce and others; for the same Reason.
Ouchterlony, for Fullerton and others.
The like Motion and Order, for George Ouchterlony
Esquire to enter into a Recognizance for William Fullerton and others; for a Reason of the same Nature.
Sir W. Barker against Ivers:
The House was informed, "That a Person attended,
in order to deliver in several Papers and Proceedings,
in the Cause wherein Sir William Barker Baronet is
Appellant, and Thomas Ivers Gentleman Respondent."
Pleadings proved.
He was thereupon called in, and delivered the said
Papers and Proceedings; having first attested, upon Oath,
at the Bar, "That 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in Diem Veneris,
septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 7o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Bridgewater.
March. Lothian.
Comes Suffolk.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Abingdon.
Comes Holderness.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Graham.
Comes Fitzwalter. |
Ds. Carteret.
Ds. Haversham.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Lovell.
Ds. Raymond. |
PRAYERS.
Liebenrood et al. Nat. Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew
Christopher Lutyens," was committed: "That they
had considered the said Bill, and examined the Allegations thereof, which they found to be true; and
that the Committee had gone through the Bill, and
made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Davidson against Watson.
Upon reading the Petition and Appeal of Patrick
Davidson of Woodmiln Esquire; complaining of Two Interlocutors of the Lords of Session in Scotland, of the
6th of December 1738, and the 16th of November last,
made on the Behalf of Alexander Watson; and praying,
"That the same may be reversed; and that the Appellant may have such Relief in the Premises as to the
great Wisdom of this House shall seem meet:"
It is Ordered, That the said Alexander Watson 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 4th Day of January next; and that
Service of this Order on the said Alexander Watson personally, or his Procurators or Agents before the said
Court of Session, be deemed good Service.
Baillie to enter into Recognizance for Vise. Arthburtnot.
The House being moved, "That Alexander Baillie,
of Lyon's-Inn, in the County of Middlesex, Gentleman,
may be permitted to enter into a Recognizance for
John Lord Viscount Arthburtnot and others, on account of their Appeal depending in this House; they
residing in Scotland:"
It is Ordered, That the said Alexander Baillie may
enter into a Recognizance for the Appellants, as desired.
Malt Bill.
A Message was brought from the House of Commons,
by Mr. Francis Fane and others:
With a Bill, intituled, "An Act for continuing the
Duties upon Malt, Mum, Cyder, and Perry, in that
Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum,
Cyder, and Perry, in that Part of Great Britain called
Scotland, for the Service of the Year One Thousand
Seven Hundred and Forty;" to which they desire the
Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
duodecimum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 12o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Menevens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Leeds.
Dux Marlborough.
Dux Athol, & Ds. Strange.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Carlisle.
Comes Abingdon.
Comes Holderness.
Comes Albemarle.
Comes Morton.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Torrington. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Poulet.
Ds. Maynard.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson. |
PRAYERS.
Reynell's Petition to put off his Cause rejected.
A Petition of Charles Reynell was presented, and
read; praying, "In regard the Case upon his Appeal,
to which John Atkyns is Respondent, consists of many
Points, and is very long; that the Hearing thereof
may be put off till after the approaching Recess:"
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And then they were directed to withdraw.
And another Petition of the same Appellant was
presented, and read; setting forth, "That several
Writings in the Respondent's Custody will be ready
to be produced at the Hearing of the said Cause;"
and praying, "That the said Writings may be ordered
to be produced at the said Hearing."
And thereupon the said Agents were again called in,
and heard at the Bar; as also the Petitioner, who admitted the Writings were not produced at the Hearing
below.
And then they were directed to withdraw.
Ordered, That both the said Petitions be rejected.
Land Tax Bill.
A Message was brought from the House of Commons,
by Mr.Francis Fane and others:
With a Bill, intituled, "An Act for granting an
Aid to His Majesty, by a Land Tax, to be raised in
Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
L. Craven & al. Petition referred to Judges.
Upon reading the Petition of Fulwar Lord Craven,
William Craven Esquire, John Craven Clerk, Henry
Craven Clerk, Thomas Craven Esquire, and Charles
Craven Esquire; praying Leave to bring in a Bill, to
enable the making Jointures and Leases, pursuant to
the Will of William late Lord Craven, deceased; the surviving Trustees refusing to act:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and the Lord
Chief Justice of the Court of Common Pleas; who are
forthwith to summon all Parties concerned in the Bill,
and, after hearing them, to report to the House the
State of the Case, with their Opinion thereupon, under
their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the
Petition; and also that the Judges, having perused the
Bill, do sign the same.
Talbot & Ux. Petition referred to Judges.
Upon reading the Petition of Henry Talbot Esquire
and Catherine his Wife; praying Leave to bring in a
Bill, for Sale of several Lands and Tenements, in Hopsford and Withybrook, in the County of Warwick; and
settling another Estate, of greater Value, in the County
of Rutland, in Lieu thereof:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of Common Pleas and the Lord
Chief Baron of the Court of Exchequer; with the usual
Directions, according to the Standing Order.
Quin against Langley & al.
A Petition of Samuel Langley an Infant, Thomas Cotton, and John Johnston, Respondents to the Appeal of
Valentine Quin Esquire, was presented, and read; setting
forth, "That, as soon as the Hearing of this Cause
was put off by this House, the Petitioners wrote
pressingly to Ireland for their Papers; and, by a Letter from their Solicitor at Dublin, dated the 1st
Instant, the Petitioners are informed, that he had
returned the same; but they are not yet arrived,
without which they cannot safely proceed to a
Hearing;" and praying, "That the same may be
put off to such further Time as their Lordships shall
think proper."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And the said Letter being read:
They were directed to withdraw.
Ordered, That the said Hearing be put off to the
First vacant Day for Causes after the Recess at Christmas;
and that the Petitioners do pay the Appellant Ten
Guineas, for the Costs of the Day.
Plunket & al. against Naper;
A Petition of James Lenox Naper and William Naper
Esquires, Respondents to the Appeal of Robert Plunket
Esquire, commonly called Earl of Fingall, and others,
was presented, and read; praying, "In regard the Cause
in the Court of Chancery in Ireland is, pursuant to
the Order of this House, revived against James Arthur Plunket Esquire, Son and Heir of the said Robert Plunket, lately deceased; that the said Son may be
obliged to revive the said Appeal within such Time
as this House shall think proper."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
Appeal revived.
Ordered, That the said James Arthur Plunket do
cause the said Appeal to be revived accordingly within
Five Weeks; and that Service of this Order on his
Agent or Six Clerk in the said Court be deemed good
Service.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Forty."
Ordered, That the said Bill be committed to a
Committee of the Whole House, To-morrow.
Liebenrood & al. Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing John Georg Liebenrood and Bartholomew
Christopher Lutyens."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. Burroughs and Mr. Allen:
To carry down the said Bill, and acquaint them, that
the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.
Baillie to enter into Recognizance for Davidson.
The House being moved, "That Alexander Baillie
Gentleman may be permitted to enter into a Recognizance for Patrick Davidson Esquire, on account of
his Appeal depending in this House; he residing in
Scotland:"
It is Ordered, That the said Alexander Baillie may
enter into a Recognizance for the Appellant, as desired.
Sir W. Barker against Ivers:
The House was informed, "That George Lacy attended, in order to deliver in Papers and Proceedings,
in the Cause wherein Sir William Barker Baronet is
Appellant, and Thomas Ivers Respondent:"
Pleadings proved.
He was thereupon 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 13o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Manchester.
March. Lothian.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Scarbrough.
Comes Rochford.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg. |
Ds. Willoughby Br.
Ds. Carteret.
Ds. Cathcart.
Ds. Hay.
Ds. Bathurst.
Ds. Romney.
Ds. Monson. |
PRAYERS.
Land Tax Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for granting an Aid to His Majesty, by a Land Tax,
to be raised in Great Britain, for the Service of the
Year One Thousand Seven Hundred and Forty."
Ordered, That the said Bill be committed to
a Committee of the whole House To-morrow.
Malt Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for continuing the Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called Scotland,
for the Service of the Year One Thousand Seven
Hundred and Forty."
After some Time, the House was resumed.
And the Earl of Warwick 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."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Asaphen.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Portland.
Dux Manchester.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
2. Comes Ilay.
1. Comes Hyndford.
Comes Cowper.
Comes Graham.
Comes Fitzwalter. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Carteret.
Ds. Gower.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Monson.
Ds. Talbot. |
PRAYERS.
Malt Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing the Duties upon Malt, Mum, Cyder, and
Perry, in that Part of Great Britain called England;
and for granting to His Majesty certain Duties upon
Malt, Mum, Cyder, and Perry, in that Part of Great
Britain called Scotland, for the Service of the Year
One Thousand Seven Hundred and Forty."
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. Burroughs and Mr. Allen:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for granting an Aid to His Majesty,
by a Land Tax, to be raised in Great Britain, for the
Service of the Year One Thousand Seven Hundred
and Forty."
After some Time, the House was resumed.
And the Lord Willoughby of Parham 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."
Proceedings, &c. of the Commissioners of Westminster Bridge delivered.
The House being informed, "That Sir Joseph Ayloffe, Clerk to the Commissioners for building a Bridge
at Westminster, attended:"
He was called in; and delivered, at the Bar, pursuant to certain Acts of Parliament,
"The Proceedings of the said Commissioners, from
the 15th February 1738, to the 14th November 1739,
both inclusive."
Also, "Contracts made by the same Commissioners,
from the 15th of February 1738, to the 14th November 1739, both inclusive."
And likewise, "Accompts of the Treasurer to the
said Commissioners, from the 15th of February 1738,
to the 14th November 1739, both inclusive."
And then he was directed to withdraw.
And the Titles of the said Proceedings, Contracts,
and Accompts, were read.
Ordered, That the same do lie on the Table.
Mariners, for the better Supply of, Bill.
A Message was brought from the House of Commons,
by Sir John Barnard and others:
With a Bill, intituled, "An Act for the better
Supply of Mariners and Seamen, to serve in His Majesty's Ships of War, and on board Merchant Ships,
and other Trading Ships and Privateers;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Deere against Powell:
After hearing Counsel, upon the Petition and Appeal
of Mathew Deere Gentleman; complaining of an Order
of the Court of Chancery, at the Great Sessions held
before Richard Carter and Henry Proctor Esquires, His
Majesty's Justices for the several Counties of Glamorgan,
Brecon, and Radnor, in the Principality of Wales, of
the 21st of April last, made in a Cause wherein Rees
Powel Gentleman was Plaintiff, and the Appellant and
Richard John were Defendants; and praying, "That
the said Order, directing the Trial of certain Issues,
may be reversed; and that the Appellant may have
such further Relief as to the House in their great
Wisdom shall seem meet:" As also upon the Answer of the said Rees Powel 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 Order complained of in the said Appeal be, and
the same is hereby, reversed: And it is further Ordered, That the Respondents Bill be, and the same is
hereby, dismissed out of the said Court of Great Sessions, with Costs, to be taxed by the proper Officer of
the said Court.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum septimum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
2. Epus. Norwic.
1. Epus. Asaphen.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Newcastle.
Dux Portland.
Comes Warwick.
Comes Winchilsea.
Comes Shaftesbury.
Comes Holderness.
Comes Coventry.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Torrington. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Carteret.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan. |
PRAYERS.
Land Tax Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
granting an Aid to His Majesty, by a Land Tax, to
be raised in Great Britain, for the Service of the
Year One Thousand Seven Hundred and Forty."
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. Elde and Mr. Spicer:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Mariners, for the better Supply of, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
the better Supply of Mariners and Seamen, to serve
in His Majesty's Ships of War, and on board Merchant
Ships, and other Trading Ships and Privateers."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow; and the
Lords to be summoned.
Reynell against Atkyns.
After hearing Counsel, in Part, upon the Petition
and Appeal of Charles Reynell Gentleman, to which
John Atkyns Esquire is Respondent:
It is Ordered, That the further Hearing of the
said Cause be adjourned till To-morrow; and the Counsel to be called in at One a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 18o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Montagu.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxon.
Comes Stanhope.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Harcourt.
Viscount Torrington. |
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Bruce.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Hobart.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Mariners, for better Supply of, Bill.
The House (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships of
War, and on board Merchant Ships, and other
Trading Ships and Privateers."
After some Time, the House was resumed.
And the Earl of Warwick reported, "That the Committee had gone through the Bill, and made One
Amendment thereunto, which he would be ready
to report, when the House will please to receive the
same."
Ordered, That the said Report be received Tomorrow.
Vernon's Petition, for Liberty to bring in an Appeal.
Upon reading the Petition of Jane Vernon Widow,
Executrix and Devisee of Thomas Vernon Esquire, deceased; praying Leave to bring in an Appeal, against a
Decree of Dismission of the Court of Chancery in Ireland, made the 14th of May 1686, "in regard she has
been lately dispossessed, by Captain John Vernon, of
certain Lands in Ireland, which have belonged to
her for several Years past, under a Decree of the
House of Lords in that Kingdom, for Reversal of the
said Decree of Dismission; the Petitioner not being
able to appeal against the said Decree till she found
herself molested."
Ordered, That the said Petition be referred to
the Lords following; who are appointed a Committee, to consider thereof, and to report to the
House what they shall think proper thereupon;
(videlicet,)
|
Ld. Steward.
D. Portland.
D. Greenwich.
M. Lothian.
E. Warwick.
E. Winchilsea.
(fn. 1) E. Shaftesbury.
E. Holderness.
E. Findlater.
E. Ilay.
E. Fitzwalter.
E. Effingham.
Viscount Fauconberg. |
Ld. Abp. Cant.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Bristol.
L. Bp. Landav. |
Ld. Delawarr.
L. Willoughby Par.
L. Poulet.
L. Bruce.
L. Carteret.
L. Gower.
L. Hervey.
L. Hay.
L. Masham.
L. Foley.
L. Bathurst.
L. Romney.
L. Raymond.
L. Talbot. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on the Second
Tuesday after the approaching Recess at Christmas; and that the Petitioner do cause Notice to
be given to the said Captain Vernon of this Petition, and the Time of the Meeting of the said
Committee.
Reynell against Atkyns:
After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of Charles Reynell,
Administrator de Bonis non, with the Will annexed, of
Elizabeth Reynell Widow, deceased, Mother of Thomas
Tooke the Younger, by Ralph Tooke her First Husband;
complaining of a Decree of the Court of Exchequer,
of the 28th of May last, for the Trial of certain Issues
at Law, made in a Cause wherein John Atkyns Esquire,
Administrator de Bonis non and Devisee under the Will
of Sir Robert Atkyns late Lord Chief Baron, was Plaintiff, and the Appellant Defendant; and praying, "That
the same may be reversed; and that the Appellant
may either be at Liberty to proceed at Law, for recovering what is due to him on the Judgements in
the Appeal mentioned, or that the Respondent may
pay to him what is so due; and that the Appellant
may have such other Relief as to the House shall
seem meet:" As also upon the Answer of the said
John Atkyns 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, in
the First Issue by the said Decree directed, these Words
be left out ["paid by and"]; and in the Third Issue
these Words be also left out ["Thomas Tooke was really
and bona Fide indebted to her in any and what
Sum"], and instead thereof these Words inserted,
videlicet, ["Elizabeth Reynell had a real and just Demand against the said Thomas Tooke, for any and what
Sum of Money"]; and at the Close of the said Decree, after the Words ["at the said Trial"], and before the Words ["and the Consideration of Costs"],
these Words be there inserted ["and that the Respondent do not, at the said Trial, insist upon, or take
any Advantage of, the Want of proving a Demand
of Dower, made by the said Elizabeth Reynell before
the bringing of her Writ of Dower"]: And it is
further Ordered and Adjudged, That, with these Variations and Addition, the said Decree be, and is hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurli, decimum nonum diem instantis Decembris, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Menevens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Montagu.
Dux Greenwich.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Cowper.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Torrington. |
Ds. Delawarr.
Ds. Poulet.
Ds. Carteret.
Ds. Cathcart.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Raymond. |
PRAYERS.
Message from H. C. to return Liebenrood's & al. Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Lindesey and others:
To return the Bill, intituled, "An Act for naturalizing John Georg Liebenrood and Bartholomew Christopher Lutyens;" and to acquaint this House, that
they have agreed to their Lordships Amendments made
thereto.
Mariners Bill:
The Earl of Warwick (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act for the better Supply of Mariners and Seamen, to serve in His Majesty's Ships
of War, and on board Merchant Ships, and other
Trading Ships and Privateers," was committed, the
Amendment made by the Committee to the said Bill.
Which was read by the Clerk, and agreed to by the
House, and is as follows; videlicet,
"Provided nevertheless, and it is hereby further
Enacted and Declared, That no Person who shall be
naturalized by virtue of this Act shall thereby be
enabled to be of the Privy Council, or a Member of
either House of Parliament; or to take any Office or
Place of Trust, either Civil or Military; or to have
any Grant of Lands, Tenements, or Hereditaments,
from the Crown, to himself, or any other Person or
Persons in Trust for him; any Thing herein contained
to the contrary thereof in any wise notwithstanding."
Then another Proviso was offered to the House, to be
added to the said Bill.
And the same was read, as follows; (videlicet,)
"Provided always, That no Person shall claim or
take any Benefit of Naturalization, by virtue of this
Act, without first taking and subscribing the Oaths
appointed to be taken by an Act made in the First
Year of the Reign of His late Majesty King George,
intituled, "An Act for the further Security of His
Majesty's Person and Government, and the Succession
of the Crown in the Heirs of the late Princess Sophia, being Protestants; and for extinguishing the
Hopes of the pretended Prince of Wales, and his
open and secret Abettors;" and making, repeating,
and subscribing, the Declaration appointed to be
made, repeated, and subscribed, by an Act made in
the Twenty-fifth Year of the Reign of King Charles
the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants;"
which said Oaths shall be taken and subscribed, and
Declaration made, repeated, and subscribed, in the
Courts of Chancery, King's Bench, Common Pleas,
or Exchequer, in Term Time, in England, or in any
of them, in open Court, or before the Lords of
Council and Session, or Lords of Justiciary, or Barons
of the Exchequer, in open Court, in Scotland, or at
some General Quarter Sessions of the Peace to be
held for the County where he or they do or shall
inhabit, reside, or settle, between the Hours of Nine
and Twelve in the Forenoon; the taking and subscribing of which Oaths, and the making, repeating,
and subscribing, of which Declaration, shall be entered on Record in the same Courts."
The said Proviso being read a Second Time:
The Question was put, "Whether the same shall
be made Part of the Bill?"
It was Resolved in the Negative.
Protest against rejecting a Proviso to it.
"Dissentient.
"Delawarr."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Decembris.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Marlborough.
Dux Montagu.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Burlington.
Comes Shaftesbury.
Comes Holderness.
Comes Cholmondeley.
Comes Morton.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Cowper.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North & Guilford.
Ds. Poulet.
Ds. Bruce.
Ds. Carteret.
(fn. 2) Ds. Cathcart.
Ds. Hay.
Ds. Foley.
Ds. Romney. |
PRAYERS.
Mariners, for better Supply of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the better Supply of Mariners and Seamen, to serve
in His Majesty's Ships of War, and on board Merchant Ships, and other Trading Ships and Privateers."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it:
A Message was sent to the House of Commons, by
Mr. Elde and Mr. Edwards:
To carry down the said Bill; and acquaint them, that
the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.
Message from thence to return it.
A Message was brought from the House of Commons,
by Sir John Barnard and others:
To return the abovementioned Bill; and to acquaint
this House, that they have agreed to their Lordships
Amendment made thereto.
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 also in their
Robes; and the Commons, who were sent for, being
come, with their Speaker; he, after a short Introduction in relation to the Money Bills to be passed, delivered the same to the Clerk, who brought them to the
Table; where the Clerk of the Crown read the Titles
of those and the other Bills to be passed, severally, as
follow:
Bills passed.
"1. An Act for continuing the Duties upon Malt,
Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty
certain Duties upon Malt, Mum, Cyder, and Perry,
in that Part of Great Britain called Scotland, for the
Service of the Year One Thousand Seven Hundred
and Forty."
"2. An Act for granting an Aid to His Majesty, by
a Land Tax, to be raised in Great Britain, for the
Service of the Year One Thousand Seven Hundred
and Forty."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur
Benevolence, & ainsi le veult."
"3. An Act for the better Supply of Mariners and
Seamen, to serve in His Majesty's Ships of War,
and on board Merchant Ships, and other Trading
Ships and Privateers."
To this Bill the Royal Assent was pronounced in
these Words; (videlicet,)
"Le Roy le veult."
"4. An Act for naturalizing John Georg Liebenrood,
Bartholomew Christopher Lutyens, and others."
To this Bill the Royal Assent was pronounced, in
these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the
Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Trade to America; and Seamen encouraging, Bill.
A Message was brought from the House of Commons,
by Mr. Pulteney and others:
With a Bill, intituled, "An Act for the more effectual securing and encouraging the Trade of His Majesty's British Subjects to America, and for the Encouragement of Seamen to enter into His Majesty's Service;"
to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the same be printed.
Officers of the Works to make a Ceiling under the Floor of the House.
Notice being taken of the Coldness of the House,
supposed to be occasioned chiefly by the Air and Wind
issuing through the Floor thereof:
It is Ordered, That the Officers of His Majesty's
Board of Works do forthwith cause a Cieling to be
made under the said Floor; and that the said Officers
do take Notice thereof, for causing the same to be done,
as from this Day; and that the Lord Chancellor do acquaint the Lord Great Chamberlain with it, and desire
him to issue his Warrant to the said Officers, for causing
the said Cieling to be made accordingly.
Causes put off.
Ordered, That the Cause which stands next appointed for Hearing be heard on Tuesday the 8th Day
of January next; and the other Two Causes to come on
in Course on the next Cause-days.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
octavum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.