February 1739, 21-29
DIE Jovis, 21o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Menevens.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Portland.
Dux Manchester.
Comes Derby.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Halifax.
Comes Graham.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Harcourt.
Viscount Torrington. |
Ds. Willoughby Par.
Ds. Carteret.
Ds. Conway.
Ds. Hervey.
Ds. Cathcart.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
E. of Sandwich takes his Seat.
John Earl of Sandwich sat first in Parliament, after
the Death of his Grandfather Earl of Sandwich;
having, at the Table, taken the Oaths, and made and
subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Sir W. Morice's Bill.
A Message was brought from the House of Commons,
by Mr. Carew and others:
With a Bill, intituled, "An Act to enable Sir William Morice Baronet to grant to the Incumbent of
the Parish Church of Werington, in the County of
Devon, and his Successors, and the Parishioners of
the said Parish, a Piece of Ground belonging to the
Capital Messuage of Werington, in the said County;" to which they desire the Concurrence of this
House.
The said Bill was read the First Time.
Ordered, That the Consideration of the said Bill
be, and is hereby, referred to Mr. Justice Fortescue and
Mr. Justice Chaple; who are forthwith to summon all
Parties that are to be concerned therein, and, after
hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report
to the House the State of the Case, with their Opinion
thereupon under their Hands.
Sir R. Walpole's Bill, for enclosing Great Bircham Commons:
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming and establishing an Exchange agreed
upon between the Lord of the Manor and Rector of
the Parish Church of Great Bircham, in the County
of Norfolk; and for promoting and facilitating an
Enclosure intended to be made, of divers Commons,
Common Pasture, and Waste Grounds, lying in the
said Parish of Great Bircham."
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. Holford and Mr. Bennett:
To carry down the said Bill, and desire their Concurrence thereunto.
Bettesworth to take the Name of Bilson, Bill.
A Message was brought from the House of Commons,
by Mr. Hay and others:
With a Bill, intituled, "An Act to enable Thomas
Bettesworth Esquire, and his Heirs Male, to take
and use the Surname of Bilson, pursuant to the Will
of Leonard Bilson Esquire, deceased;" to which they
desire the Concurrence of this House.
The said Bill was read the First Time.
L. Walpole's Privilege:
Complaint being made to the House, and Oath made
at the Bar, "That James Crocker did, about the Middle
of May last, pull or break down certain Sluices or
Hatches, near Norris's Mills, in the Manor of Pidletown, in the County of Dorset, belonging to Lord
Walpole, or (fn. 1) causing the same to be pulled down; as
also of his pulling up or destroying Rowling Bay
Sluice, and drawing up a Wear in the Waste of the
said Manor, about the Beginning of this Session of
Parliament, or causing the said Sluice or Wear to be
pulled up or destroyed, in Breach of his Lordship's
Privilege, and the Privilege of this House:"
Crocker to be attached, for breaking down sluices.
It is Ordered, That the Serjeant at Arms attending
this House, his Deputy or Deputies, do forthwith attach the Body of the said James Crocker, and bring him
to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that
Behalf.
To Francis Jephson Esquire, Serjeant at Arms attending this
House, his Deputy or Deputies, and every of them.
Frauds in Woollen Manufactures &c. to prevent, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to explain and amend an Act
made in the First Year of the Reign of Her late
Majesty Queen Anne, intituled, "An Act for the
more effectual preventing the Abuses and Frauds of
Persons employed in the working up the Woollen,
Linen, Fustian, Cotton, and Iron Manufactures of
this Kingdom;" and for extending the said Act to the
Manufactures of Leather."
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."
Commerce with Spain, to prohibit, Bill.
The Order of the Day being read, for the House to
be in a Committee on the Bill, intituled, "An Act for
prohibiting Commerce with Spain:"
Ordered, That the said Bill be printed; and
that the House be put into a Committee thereupon,
on Tuesday next; and the Lords to be summoned.
Persons who have neglected to take the Oaths, to indemnify, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
indemnify Persons who have omitted to qualify
themselves for Offices and Employments within the
Time limited by Law; and for allowing further Time
for that Purpose."
Ordered, That the said Bill be committed to a
Committee of the whole House on Tuesday next.
Att. General against Walker:
The House being moved, "That the Appeal of His
Majesty's Attorney General, presented to this House
the 8th of January last, from an Interlocutory Order
of the Court of Exchequer, to which Robert Walker
is Respondent, may be withdrawn; no Proceeding
having been had thereon:"
Appeal withdrawn.
It is Ordered, That Leave be given to withdraw
the said Appeal, as desired.
Bryce & al. against Bryce.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Ninian Bryce
and others are Appellants, and William Bryce is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, To-morrow Sevennight.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 26o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Tounshend.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Conway.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Lovel.
Ds. Monson.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Robertson against Marq. Annandale.
The Answer of George Marquis of Annandale, to the
Appeal of Mr. Thomas Robertson, was brought in:
D. of Hamilton against E. Selkirk; & è contra.
As was also, the Answer of John Earl of Selkirk and
Ruglen, to the Appeal of James Duke of Hamilton and
Brandon.
The House being moved, "That a Day may be appointed, for hearing the Causes wherein John Earl
of Selkirk and Ruglen is Appellant, and James Duke
of Hamilton and Brandon Respondent; & è contra:"
It is Ordered, That this House will hear the said
Causes, by Counsel, at the Bar, on Thursday the 20th
Day of March next.
Against clandestine Marriages, Bill.
The Lord Cadogan presented to the House a Bill,
intituled, "An Act for the more effectual preventing
clandestine Marriages."
And the same was read the First Time.
Ordered, That the said Bill be read a Second
Time on this Day Sevennight; and the Lords to be
summoned.
Ordered, That the Bill be printed.
Bryce against Bryce.
A Petition of David Bryce Ship-master in Glasgow,
was presented to the House, and read; praying Leave
to amend his Appeal; and, "in regard his Counsel
from Scotland is not yet come, that the Hearing
thereof, which is appointed for Friday next, may be
put off to some further Time."
And thereupon the Agents on both Sides were called
in, and heard.
And being withdrawn:
Ordered, That the said Hearing be put off till
To-morrow Sevennight.
Message from H. C. to return Walimoden's Nat. Bill.
A Message was brought from the House of Commons,
by Mr. Walpole and others:
To return the Bill, intituled, "An Act for naturalizing Amalie Sophie de Wallmoden;" and to acquaint
this House, that they have agreed to the same, without
any Amendment.
Gore & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Mary
Gore Widow and others; 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
establishing and confirming an Agreement between
William Gore Esquire, Executor of Edward Gore
Esquire, deceased, and Mary Gore, Widow of Thomas
Gore Esquire, deceased, for herself and on the Behalf of Charles Gore, an Infant, relating to the Sum of
Three Thousand Pounds paid by Francis Freeman
Gentleman to the said Edward Gore."
Canary Merchants Petition, about the Bill for preventing Commerce with Spain.
Upon reading the Petition of the Merchants of London, on Behalf of themselves and the rest of His Majesty's Subjects trading to The Canary Islands, and in
Behalf of John Crosse Esquire, His Majesty's Consul,
and the British Factory residing there; praying, "That
the House will make such Amendments and Alterations in the Bill for prohibiting Commerce with
Spain, now under Consideration, with regard to The
Canary Islands, and the Trade carried on thither by
the British Subjects, as to their Lordships in their
great Wisdom shall seem meet:"
It is Ordered, That the said Petition be referred
to the Committee of the whole House to whom the said
Bill stands committed; and that the Petitioners may be
heard, before the said Committee, if they think fit.
Frauds in Woollen Manufactures, &c. to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
explain and amend an Act made in the First Year of
the Reign of Her late Majesty Queen Anne, intituled,
"An Act for the more effectual preventing the Abuses
and Frauds of Persons employed in the working up
the Woollen, Linen, Fustian, Cotton, and Iron Manufactures of this Kingdom;" and for extending the
said Act to the Manufactures of Leather."
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. Thurston:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Pringle against Pringle & al.
Upon reading the Petition and Appeal of Thomas
Pringle of Symington; complaining of certain Interlocutors, as well of the Lord Ordinary, as of the Lords of
Session in Scotland, of the 14th and 21st of December
1739, and 8th of February last, made on the Behalf of
Alison Pringle and John Mc Douall her Husband; and
praying, "That the said Interlocutor may be reversed;
and that the Appellant may have such Relief in the
Premises as to their Lordships in their great Wisdom
shall seem just:"
It is Ordered, That the said Alison Pringle and John
Mc Douall 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 25th Day of March next; and that Service of this Order on the said Alison Pringle and John
Mc Douall, or on their Agent, or any of their Counsel,
before the Court of Session in Scotland, be deemed good
Service.
Bettesworth to take the Name of Bilson, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable Thomas Bettesworth Esquire, and his Heirs
Male, to take and use the Surname of Bilson, pursuant to the Will of Leonard Bilson Esquire, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. President.
D. Bedford.
D. Newcastle.
D. Portland.
D. Manchester.
E. Derby.
E. Northampton.
E. Warwick.
E. Stamford.
E. Shaftesbury.
E. Holderness.
E. Coventry.
E. Findlater.
E. Hyndford.
E. Ilay.
E. Oxford.
E. Tankerville.
E. Aylesford.
E. Halifax.
E. Stanhope.
E. Harborough.
E. Graham.
E. Ker.
E. Fitzwalter.
Viscount Fauconberg.
Viscount Torrington. |
L. Abp. Cant.
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. Oxon.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Bristol.
L. Bp. Landaff. |
Ld. Delawarr.
L. Bruce.
L. Carteret.
L. Haversham.
L. Conway.
L. Hervey.
L. Cathcart.
L. Masham.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Ducie.
L. Walpole.
L. Hobart.
L. Lovel.
L. Monson.
L. Raymond.
L. Talbot. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Thursday next;
and to adjourn as they please.
Commerce with Spain, prohibiting, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for prohibiting Commerce
with Spain."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said
Committee, "That they had made some Progress in
the said Bill."
Ordered, That the House be put into a Committee
again thereupon, on Friday next; and the Lords to be
summoned.
Persons who have neglected to take the Oaths, to indemnify, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to indemnify Persons who have
omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for
allowing further Time for that Purpose."
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 Jovis, vicesimum octavum diem instantis Februarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 28o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Roffen.
Epus. Sarum.
Epus. Meneven.
Epus. Glocestr.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Winchilsea.
Comes Chesterfield.
Comes Essex.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Fauconberg.
Viscount Townshend.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Poulet.
Ds. Bruce.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Conway.
Ds. Hervey.
Ds. Cathcart.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot. |
PRAYERS.
Sir J. Cunyngham against E. Loudoun & al.
The Answers of John Earl of Loudoun, John Earl of
Stair, and Colonel Dalrymple, Three of the Respondents to the amended Petition and Appeal of Sir James
Cunyngham Baronet, were brought in.
D. Grafton, &c. Bill.
A Message was brought from the House of Commons,
by Mr. Arundel and others:
With a Bill, intituled, "An Act to explain and enlarge the several Powers for appointing Portions, and
settling Jointures, which are contained in certain
Letters Patent, bearing Date the 22d Day of October,
in the 26th Year of the Reign of King Charles the
Second, whereby certain Yearly Pensions issuing out
of the Hereditary Revenue of the Excise do now
stand limited to William Duke of Cleveland and
Charles Duke of Grafton, and the Heirs Male of
their Bodies respectively;" to which they desire the
Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the Consideration thereof be, and
is hereby, referred to the Lord Chief Justice of the
Court of King's Bench and the Lord Chief Baron of
the Court of Exchequer; with the usual Directions,
according to the Standing Order.
Grierson to sue, notwithstanding his Attainder, Bill.
A Message was brought from the House of Commons,
by Mr. Lindesay and others:
With a Bill, intituled, "An Act to enable William
Grierson, the Eldest Son of Sir Robert Grierson of Lag
Baronet, to sue, or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to
take or inherit any Real or Personal Estate that may
have descended or otherwise come to him, since His
late Majesty's most Gracious Pardon, dated the 29th
Day of June, in the 11th Year of His Reign, or that
shall hereafter descend or otherwise come to him;"
to which they desire the Concurrence of this House.
Sheffield Church, Bill.
A Message was brought from the House of Commons,
by Mr. Thompson of York and others:
With a Bill, intituled, "An Act for making a Chapel,
lately built by Robert Downes Goldsmith and others,
in the Town of Sheffield, in the County of York, a
perpetual Cure and Benefice; and for making a Provision for the Maintenance of the Curate or Minister
of the said Chapel, pursuant to an Agreement for
that Purpose;" to which they desire the Concurrence
of this House.
The said Bills were both read the First Time.
Bettesworth to take the Name of Bilson, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to
enable Thomas Bettesworth Esquire and his Heirs
Male to take and use the Surname of Bilson, pursuant to the Will of Leonard Bilson Esquire, deceased," was committed: "That they had considered
the said Bill, and examined the Allegations thereof,
which they found to be true; and that the Committee had gone through the Bill, and directed
him to report the same to the House, without any
Amendment."
Gore's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
establishing and confirming an Agreement, between
William Gore Esquire, Executor of Edward Gore
Esquire, deceased, and Mary Gore, Widow of Thomas Gore Esquire, deceased, for herself and on the
Behalf of Charles Gore, an Infant, relating to the
Sum of Three Thousand Pounds paid by Francis
Freeman Gentleman to the said Edward Gore."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
Ld. President.
L. Steward.
D. Leeds.
D. Marlborough.
D. Newcastle.
D. Portland.
D. Bridgewater.
E. Pembroke.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Shaftesbury.
E. Holderness.
E. Albemarle.
E. Findlater.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Cowper.
E. Fitzwalter.
Viscount Fauconberg.
Viscount Torrington. |
Ld. Abp. Cant.
L. Bp. Durham.
L. Bp. St. Davids.
L. Bp. St. Asaph.
L. Bp. Bristol.
L. Bp. Landaff. |
L. Abergavenny.
L. Delawarr.
L. North & Guil.
L. Poulet.
L. Bruce.
L. Cornwallis.
L. Carteret.
L. Hervey.
L. Masham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Monson.
L. Raymond.
L. Talbot. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Friday the
14th Day of March next; and to adjourn as
they please.
Nagle against Foot & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Joseph Nagle
Esquire is Appellant, and George Foot and others are
Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday Sevennight.
Cunyngham against Chalmer & al.
The like Motion and Order, for hearing the Cause
wherein Sir James Cunyngham Baronet is Appellant, and
Captain John Chalmer and others are Respondents, on
the Friday following.
Blair peremptorily to answer Sir John Gordon's Appeal.
The House was informed, "That James Blair Merchant in Edinburgh, and His Majesty's Advocate for
Scotland, had not put in their Answer to the Appeal of Sir John Gordon of Embo Baronet, though
duly served with the Order of this House for that
Purpose."
And thereupon an Affidavit, made by David Ross
Writer in Edinburgh, of the due Service of the said
Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a
Week.
Watson to answer Davidson's Appeal.
The like Information was given, "That Alexander
Watson had not put in his Answer to the Appeal of
Patrick Davidson of Wood-Miln Esquire."
And thereupon an Affidavit, made by Alexander
Graham Writer in Edinburgh, of the due Service of
the Order for answering, being read:
The same Order was made.
Spotswood to answer Vise. Arthburtnot's Appeal.
The like Information was given, "That John Spotswood had not put in his Answer to the Appeal
of John Viscount of Arthburtnot, and the other
Creditors of William Morison, of Preston Grange,
Esquire."
And thereupon an Affidavit, made by David Kinloch Writer in Edinburgh, of the due Service of the
Order for answering, being read:
The same Order was made.
Privilege of the House:
The Order of the 19th Day of this Instant February, for summoning the Lords to attend the Service
of the House this Day, being read:
Motion to resolve, That it is derogatory to it, for the King to send a Message about Supply to the H. C. singly.
It was moved, "To resolve, That it is contrary
to the Usage of Parliament, and derogatory
to the Privileges of this House, that a Message,
signed by the King, asking a further Supply to
enable His Majesty to carry on a War, should
be sent to the House of Commons singly, without taking any Notice of this House."
Which being objected to;
And a Question stated thereupon:
The previous Question was put, "Whether that
Question shall be now put?"
It was Resolved in the Negative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
vicesimum nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 29o Februarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Roffen.
Epus. Sarum.
Epus. Oxon.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Montagu.
Dux Athol, & Ds. Strange.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Loudoun.
Comes Findlater.
Comes Dunmore.
Comes Hyndford.
Comes Ilay.
Comes Tankerville.
Comes Stanhope.
Comes Harborough.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Bruce.
Ds. Carteret.
Ds. Haversham.
Ds. Conway.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell. |
PRAYERS.
Sir J. Cunyngham's Petition for Papers rejected.
A Petition of Sir James Cunyngham of Milncraig
Baronet, was presented, and read; praying, "That
Sir John Dalrymple and Mr. John Murray, Clerks of
Session, may be ordered to deliver forthwith, to the
Petitioner's Agent in Edinburgh, a full and true Extract of the original Summons of Reduction, Improbation, and Declarator, raised at the Instance of
Captain Chalmer against the other Respondents, and
of the whole Proceedings thereon; expressing also
the Names of all the Parties thereto."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
Ordered, That the said Petition be rejected.
Bettesworth to take the Name of Bilson, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Thomas Bettesworth Esquire, and his Heirs
Male, to take and use the Surname of Bilson, pur
suant to the Will of Leonard Bilson Esquire, deceased."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Persons who have neglected to take the Oaths, to indemnify, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time
limited by Law; and for allowing further Time for
that Purpose."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally ordered to be sent to
the House of Commons, by Mr. Elde and Mr. Thurston:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Sheffield Church, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
making a Chapel, lately built by Robert Downes
Goldsmith and others, in the Town of Sheffield, in
the County of York, a perpetual Cure and Benefice;
and for making a Provision for the Maintenance of
the Curate or Minister of the said Chapel, pursuant
to an Agreement for that Purpose."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet),
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Ld. Steward.
D. Leeds.
D. Bedford.
D. Portland.
D. Bridgewater.
E. Pembroke.
E. Northampton.
E. Warwick.
E. Stamford.
E. Winchilsea.
E. Shaftesbury.
E. Holderness.
E. Findlater.
E. Ilay.
E. Stanhope.
E. Harborough.
E. Fitzwalter.
Viscount Fauconberg.
Viscount Falmouth. |
Ld. Bp. Durham.
L. Bp. Rochester.
L. Bp. Norwich.
L. Bp. Landaff. |
Ld. Delawarr.
L. Bruce.
L. Carteret.
L. Conway.
L. Hervey.
L. Cathcart.
L. Foley.
L. Bathurst.
L. Romney.
L. Cadogan.
L. Ducie.
L. Walpole.
L. Lovell. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Wednesday next;
and to adjourn as they please.
Grierson's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable William Grierson, the Eldest Son of Sir Robert
Grierson of Lag Baronet, to sue, or maintain any
Action or Suit, notwithstanding his Attainder; and
to remove any Disability in him, by reason of his
said Attainder, to take or inherit any Real or Personal Estate, that may have descended or otherwise
come to him, since His late Majesty's most Gracious
Pardon, dated the 29th Day of June in the Eleventh
Year of His Reign, or that shall hereafter descend or
otherwise come to him."
The Duke of Newcastle acquainted the House, "That
His Majesty, having been apprized of the Contents
of the said Bill, was pleased to consent that the
House might proceed thereupon as they should think
fit."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Tuesday next; and
to adjourn as they please.
D. Grafton's Bill.
The Duke of Newcastle, in the Manner before mentioned, signified His Majesty's Consent to the Bill, intituled, "An Act to explain and enlarge the several
Powers for appointing Portions, and settling Jointures, which are contained in certain Letters Patent,
bearing Date the 22d Day of October in the 26th
Year of the Reign of King Charles the Second,
whereby certain Yearly Pensions, issuing out of the
Hereditary Revenue of the Excise, do now stand
limited to William Duke of Cleveland and Charles
Duke of Grafton, and the Heirs Male of their Bodies
respectively."
Lists of Protections to be brought.
Ordered, That the Sheriffs and Stewards of the
several Counties, Shires, and Cities, within this Kingdom, and the Secondaries of the Compters in London,
do forthwith lay before this House, an Account of the
Protections and written Certificates entered in their
respective Offices, of any Peer of this Realm, or Lord
of Parliament, if any such there be.
Hartpole against Walsh & al.
The House being moved, "That Monday the 17th
Day of March next may be appointed, for hearing
the Cause wherein George Hartpole Esquire is Appellant, and Hunt Walsh & al. are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the 17th
Day of March next, as desired.
Ashworth against Chopping.
The like Motion and Order, for hearing the Cause
wherein William Ashworth is Appellant, and Richard
Chopping and others are Respondents, on Wednesday the
19th of March next.
L. Carbery & al. against Birmingham & al.
Upon reading the Petition and Cross Appeal of
George Lord Baron of Carbery, James Stopford and
Henry Pritty Esquires; complaining of Two Orders, or
Decrees, of the Court of Exchequer in Ireland, made
the 9th Day of June 1735, and 23d Day of February
1738, on the Hearing and Re-hearing of a Cause wherein Edward Birmingham and his Wife and others were
Complainants, and Henry Earl of Shelburne, the said
Lord Carbery, and others, Defendants; and praying,
"That the said Orders, or Decrees, may be reversed;
and that the said Complainants Bill against the Appellants in the said Court may be dismissed, or that
such Order or Decree may be made in the Premises
as to the House shall seem meet; and that the said
Edward Birmingham and Abigail his Wife, Deborah
Plunket, Ruth Bidle, Margaret Harding, and Barbara Mickins, may be ordered to put in their Answer
to the said Appeal:"
It is Ordered, That the 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 4th Day
of April next; and that Service of this Order on their
Clerk in the said Court be deemed good Service.
Respondents to Aylmer's Appeal to answer.
The House was informed, "That some of the Respondents to the Appeal of Dame Ellis Aylmer had
not put in their Answers to the said Appeal, though
duly served with the Order of this House for that
Purpose."
And thereupon an Affidavit, made by Richard Brereton, of the due Service of the said Order, being read:
Ordered, That such of the Respondents to the
said Appeal as have not already answered do peremptorily put in their Answers thereunto in a Week.
Birmingham against E. Shelburne:
The House was informed, "That a Person attended,
in order to deliver in several Pleadings, Proceedings,
and Papers, in the Cause wherein Edward Birmingham and others are Appellants, and Henry Earl of
Shelburne and others Respondents:"
Pleadings proved.
He was thereupon called in; and delivered the said
Pleadings and Proceedings at the Bar; attesting upon
Oath, "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.
Commerce with Spain, prohibiting, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for prohibiting
Commerce with Spain."
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 made some Amendments thereunto; which he
will be ready to report, when the House will be
pleased to receive the same."
Ordered, That the said Report be received on
Tuesday next.
Pringle to enter into a Recognizance for Pringle.
The House being moved, "That Andrew Pringle
Esquire may be permitted to enter into a Recognizance for Thomas Pringle of Symington, on account of
his Appeal depending in this House; he being in
Scotland:"
It is Ordered, That the said Andrew Pringle may
enter into a Recognizance for the Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, quartum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.
February 24th, 1740,
Hitherto examined by us,
Leeds.
Portland.
Bridgewater.
Abingdon.
Oxford & Mortimer.
Macclesfield.
N. St. Davids.
Isa. Asaph.
Masham.