December 1741, 11-20
DIE Veneris, 11o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Bolton.
Dux Montagu.
Dux Kingston.
Dux Newcastle.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Aylesford.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Viscount Weymouth.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Carteret.
Ds. Somerville.
Ds. Boyle.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Montfort.
Ds. Chedworth. |
PRAYERS.
E. of Aylesbury takes his Seat:
Lords sworn.
This Day Charles Earl of Aylesbury sat first in Parliament, after the Death of his Father Thomas Earl of
Aylesbury; his Lordship having, together with Brownlowe
Earl of Exeter, James Earl of Findlater, Heneage Earl of
Aylesford, and Samuel Lord Masham, first taken the
Oaths, and made and subscribed the Declaration, and
also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Ld. Montfort's Petition referred to Judges.
Upon reading the Petition of Henry Lord Montfort;
praying Leave to bring in a Bill, for Sale of a settled
Estate, in the Counties of Worcester and Sallop, discharged
of the Uses and Limitations of the Settlement thereof,
to such Persons as shall become Purchasers of the same;
and to lay out the Money arising by such Sale in the
Purchase of other Lands, to be settled 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 Common Pleas and Mr. Justice
Parker; who are forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their
Opinion thereupon, under their Hands; and whether
all Parties who 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.
Vernon against Vernon.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Jane Vernon
Widow is Appellant, and Captain John Vernon and
others are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the First
Day of February next.
E. Sutherland against Ross et al.
Upon reading the Petition and Appeal of William
Earl of Sutherland; complaining of an Interlocutor of
the Lords of Session in Scotland, of the 9th of July
1740, and of their Adherence thereto, the 24th of June
1741, made on the Behalf of Alexander Ross and William
Anderson; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to their Lordships in their great Wisdom shall
seem meet:"
It is Ordered, That the said Alexander Ross and
William Anderson 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 8th Day of January next; and that Service
of this Order on their respective Agents or Procurators
be deemed good Service.
Mackye against McEwen.
Upon reading the Petition and Appeal of John
Mackye of Palgown Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 17th
of July last, made on the Behalf of John Mac Ewen;
and praying, "That the same may be reserved; and
that the Appellant may have such Relief as to their
Lordships shall seem meet:"
It is Ordered, That the said John Mac Ewen may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before the 8th Day of January next; and that Service of this Order on his Agents before the Court of
Session be deemed good Service.
Sherriff against Donovan.
Upon reading the Petition and Appeal of Samuel
Shirriff Gentleman; complaining of a Decree or Order
of the Court of Chancery in Ireland, of the 10th of
June 1741, made in a Cause wherein Jeremiah Donovan
was Plaintiff, and the Appellant Defendant, et è contra;
and praying, "That the same may be reversed; and
that the said Jeremiah Donovan and William Vesey, Ann
Cusack, and Joseph Bullen, may answer the said Appeal; and that the Appellant may be relieved, as to
their Lordships in their great Wisdom shall seem
meet:"
It is Ordered, That the said several Persons last
mentioned 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 15th Day of January next; and that Service
of this Order on their Clerks in Court be deemed good
Service.
Account of Corn, &c. exported.
The House being informed, "That Mr. Oxenford,
from the Custom-house, attended."
He was called in; and delivered, at the Bar, pursuant to a Clause in an Act passed the last Session of
Parliament, for prohibiting the Exportation of Corn,
Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon,
"An Account of those Commodities exported to any
Place whatsoever, between Christmas and 29th Day of
September."
And then he was directed to withdraw.
And the Title of the said Account was read, by the
Clerk.
Ordered, That the said Account do lie on the
Table.
Capt. Vernon & al. peremptorily to answer Thwaites's Appeal.
The House being informed, "That Captain John
Vernon, Edward Vernon, George Venables Vernon, Mary
Vernon, and Elizabeth Carter, have not put in their
Answers to the Appeal of Ephraim Thwaites and
Ann his Wife, though duly served with the Order of
this House for that Purpose:"
And thereupon an Affidavit, made by John Igoe,
Clerk to Mr. Samuel John, of Lyon's Inn, in the County
of Middlesex, of the due Service of the said Order,
being read:
Ordered, That the Respondents do peremptorily
put in their Answer thereunto, in a Week.
Sir J. Bellew to revive his Appeal.
Upon reading the Petition of Sir John Bellew Baronet, an Infant, Eldest Son and Heir of Sir Edward Bellew, by his next Friend Dame Elenor Bellew, Widow
and sole Executrix of the last Will and Testament of
the said Sir Edward, and of the said Dame Elenor; praying, "In regard the said Sir Edward is lately dead,
that his Appeal may be revived against the several
Respondents thereto; and that the Petitioners may
stand as Appellants in the Place of the said Sir Edward, and have the same Benefit of the Appeal as
if he was now living:"
It is Ordered, That the said Appeal be revived accordingly.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 16o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Menevens.
Epus. Carliol.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Marlborough.
Dux Montagu.
Dux Greenwich.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Peterborow.
Comes Thanet.
Comes Essex.
Comes Anglesey.
Comes Carlisle.
Comes Ailesbury.
Comes Holderness.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Aylesford.
Comes Cowper.
Comes Stanhope.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Hereford.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Berkeley Str.
Ds. Carteret.
Ds. Haversham.
Ds. Somerville.
Ds. Montjoy.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Montfort. |
PRAYERS.
Thwaites against Vernon & al.
The Answers of Captain John Vernon of Clontarffe in
the Kingdom of Ireland, George Venables Vernon Esquire,
the Reverend Edward Vernon Clerk, and Elizabeth Carter Spinster, to the Appeal of Ephraim Thwaites and
others;
Were brought in.
Account of prohibited East India Goods, &c. delivered.
The House being informed, "That some of the Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, in
Pursuance of certain Acts of Parliament,
"The Report of the said Commissioners; with an Account of prohibited East India Goods, and Naval Stores
imported, from Michaelmas 1740, to Michaelmas 1741."
And then they were directed to withdraw.
And the Titles of the said Accounts and Report were
read, by the Clerk.
Ordered, That the same do lie on the Table.
Account of Corn, &c. exported from Scotland delivered.
The House being informed, "That Mr. Bowles,
Agent for the Commissioners of the Customs for Scotland, attended:"
He was called in; and delivered, at the Bar,
"An Account of Corn, Grain, Meal, Malt, &c.
exported from Scotland."
And then he was directed to withdraw.
Ordered, That the said Account do lie on the
Table.
Ld. Chancellor to write Letters to absent Lords.
Ordered, That the Lord Chancellor do write Letters to all the Lords, requiring their Attendance in this
House on Tuesday the 19th Day of January next, when
the State of the Nation is ordered to be taken into Consideration.
Address for the Number of Land Forces, Ships, &c.
Ordered, That an humble Address be presented to
His Majesty; desiring, "That He would be graciously
pleased to order the proper Officers to lay before
this House, an Account of the Number of Land Forces
now in the Pay of Great Britain; distinguishing the
several Regiments, and the Numbers whereof they
consist on the Establishment; the Places in which, and
the Services whereon, they are now respectively employed.
"Also, a List of the General Officers, and an Account
where they are respectively employed.
"Also, a List of all His Majesty's Ships of War that
are now in Commission; distinguishing the several
Services in which they are at present employed.
"Also, a List of the Admirals of His Majesty's
Fleet; with an Account where they are respectively
employed.
"And also, a List of the Officers belonging to the
Establishment of Minorca; distinguishing which of
them are upon the Place, and which of them (if any)
are absent."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Butler peremptorily to answer Mercer's Appeal.
The House being informed, "That John Butler Son
and Heir, and John Butler the Executor, of Thomas
Butler Esquire, deceased, have not put in their Answer
to the amended Appeal of Robert Mercer Gentleman,
though duly served with the Order of this House for
that Purpose:"
And thereupon, an Affidavit made by Bartholomew
O'Neale of the City of Dublin Yeoman, of the due
Service of the said Order, being read:
Ordered, That the said Respondents do peremptorily put in their Answer thereunto, in a Week.
Naughton against Reynolds et al.
Upon reading the Petition and Appeal of Laughlin
Naughton Gentleman; complainining of a Decree of
Dismission of the Court of Exchequer in Ireland, of
the 24th Day of April 1738, made in a Cause wherein
the Appellant was Plaintiff, and Edwin Sandys Reynolds,
John Staunton, Executor of John Staunton Esquire, deceased, Robert Le Strange Clerk, and Edward Hudson,
Executors of Leonard Hudson Clerk, deceased, and Thomas Hudson Eldest Son and Heir of the said Leonard
Hudson, were Defendants; and praying, "That the said
Decree may be reversed; and that the Appellant
may have such further and other Relief as to their
Lordships in their great Wisdom shall seem meet:"
It is Ordered, That the said Defendants may have
a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers
thereunto, in Writing, on or before Wednesday the 20th
Day of January next; and that Service of this Order
on their Attorney or Attornies in the said Court of Exchequer be deemed good Service.
Meighan to enter into Recognizance for Sherriff.
The House being moved, "That Patrick Meighan
Bookseller may be permitted to enter into a Recognizance for Samuel Shirriff, on account of his Appeal
depending in this House; he being in Ireland:"
It is Ordered, That the said Patrick Meighan may
enter into a Recognizance for the Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 18o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Meneven.
Epus. Carliol.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Wilmington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Marlborough.
Dux Montagu.
Dux Newcastle.
Comes Pembroke.
Comes Lincoln.
Comes Exeter.
Comes Winchilsea.
Comes Sandwich.
Comes Essex.
Comes Anglesey.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Holderness.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Morton.
Comes Moray.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Ilay.
Comes Rockingham.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Pomfret.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Par.
Ds. St. John.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Carteret.
Ds. Haversham.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Monson.
Ds. Lovel.
Ds. Montfort. |
PRAYERS.
His Majesty's Answer to Address, for the Number of Land Forces, &c.
The Earl of Fitzwalter reported, "That the Lords
with White Staves had (pursuant to the Order of
Wednesday last) presented to His Majesty the Address
of this House, for an Account of the Number of
Land Forces in the Pay of Great Britain, and List of
the General Officers; also, Lists of all His Majesty's
Ships of War in Commission, and of the Admirals of
the Fleet; and also, a List of the Officers belonging to
the Establishment of Minorca: And that His Majesty
was pleased to say, He would order the said Account and Lists to be laid before the House accordingly."
Ld. Bathurst sworn.
Allen Lord Bathurst took the Oaths, and made and
subscribed the Declaration, and also took and subscribed
the Oath of Abjuration, pursuant to the Statutes; his
Lordship having first delivered in a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses
were sworn and examined.
Count Leslie against Leslie.
Upon reading the Petition and Appeal of Charles Cajetan Count Leslie; complaining of an Interlocutor of the
Lords of Session in Scotland, of the 20th of February last;
and praying, "That the same may be reversed; and
that the Appellant may have such Relief as to this
House in their great Wisdom shall seem meet; and that
James Leslie, of Pitcaple, Leopoldus Count Leslie, Antonius
Count Leslie, and Carolus Count Leslie, the Appellant's
Sons, may be required to answer the said Appeal:"
It is Ordered, That the Parties last mentioned may
have a Copy of the said Appeal; and do put in their
Answer or respective Answers thereunto, in Writing, on
or before Friday the 15th Day of January next; and
that Service of this Order on the respective Procurators
or Agents of the said Respondents be deemed good
Service.
Leslie against Count Leslie.
Upon reading the Petition and Appeal of Leopoldus
Count Leslie, Eldest Son and Heir of Charles Cajetan
Count Leslie; complaining of Part of an Interlocutor of
the Lords of Session in Scotland, of the 20th of February last; and of another Interlocutor of the said
Lords, of the 27th of the same Month; and praying,
"That the same may be reversed; and that the Appellant may have such Relief as to the House, in their
great Wisdom shall seem meet; and that Charles Cajetan Count Leslie, Antonius Count Leslie, and Carolus
Count Leslie, his Sons, and also James Leslie of Pitcaple, may answer the said Appeal:"
It is Ordered, That the Parties last mentioned
may have a Copy of the said Appeal; and do put in
their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of January next;
and that Service of this Order on the respective Procurators or Agents of the said Respondents be deemed
good Service.
Leslie against Count Leslie.
Upon reading the Petition and Appeal of Antonius
Count Leslie, Second Son of Charles Cajetan Count
Leslie; complaining of Part of an Interlocutor of the
Lords of Session in Scotland, of the 20th of February
last; and of another Interlocutor of the said Lords, of the
27th of the same Month; and praying, "That the
same may be reversed; and that the Appellant may
have such Relief as to the House in their great Wisdom shall seem meet; and that Charles Cajetan Count
Leslie, Leopoldus Count Leslie, and Carolus Count Leslie, his Sons, and James Leslie of Pitcaple, may be required to answer the said Appeal:"
It is Ordered, That the Parties last mentioned may
have a Copy of the said Appeal; and do put in their
Answer or respective Answers thereunto, in Writing, on
or before Friday the 15th Day of January next; and that
Service of this Order on the respective Procurators or
Agents of the said Respondents be deemed good Service.
Edgar against Maxwell.
Upon reading the Petition and Appeal of Theodore
Edgar, Grandson of Alexander Johnston of Estriesheils;
complaining of an Interlocutor of the Lords of Session
in Scotland, of the 6th of July 1736; and of another Interlocutor of the same Lords, of the 31st of the same
Month, made on the Behalf of James Maxwell; and
praying, "That the same may be reversed; and that
the Appellant may have such Relief as to the House
in their great Wisdom shall seem meet:"
It is Ordered, That the said James Maxwell may
have a Copy of the said Appeal; and do put in his An
swer thereunto, in Writing, on or before Friday the 15th
Day of January next; and that Service of this Order on
his Procurator or Agent be deemed good Service.
E. Anglesey against Annesley.
The House being informed, "That a Person attended, in order to deliver in certain Papers, Pleadings,
and Proceedings, in the Cause wherein Richard Earl
of Anglesey is Appellant, and Charles Annesley Esquire
Respondent:"
He was called in; and delivered, at the Bar, several
Pleadings and Proceedings; and attested upon Oath, "The
same were true Copies, he having examined them with
the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Proceedings of Commissioners Westminster Bridge delivered.
The House was also informed, "That Sir Joseph
Aylosse, from the Commissioners for building a Bridge
at Westminster, attended."
He was called in; and delivered, at the Bar,
"A State of the Proceedings of the said Commissioners,
from the 19th November 1740, to 18th November
1741, both inclusive."
Also, "Contracts made by the said Commissioners,
from 19th November 1740, to 18th November 1741,
both inclusive."
And also, "Accompts of the Treasurer of the said
Commissioners, from 29th September 1740, to 29th
September 1741."
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.
Address for Orders to Admiral Haddock and Sir John Norris;
Ordered, That an humble Address be presented to
His Majesty, "That He will be graciously pleased to
give Directions, that there be laid before this House,
Copies of all Orders and Instructions given to Rear
Admiral Haddock, since the 24th of June 1740, for
committing any Hostilities against, or in any wise relating to, the Crown of Spain.
"Also, Copies of all Orders and Instructions given
to Sir John Norris, in the Years 1740 and 1741, for
committing any Hostilities against, (fn. 1) or in any wise
relating to, the Crown of Spain.
and for Accounts from Admiral Vernon and General Wentworth.
"And also, all the Accounts that have been transmitted, by Vice Admiral Vernon and Major General
Wentworth, to His Majesty's Principal Secretary of
State, or the Commissioners of the Admiralty, relating to the Attempt upon Carthagena, and to the
Operations of His Majesty's Sea and Land Forces in
that Enterprize, and the Resolutions of the Councils
of War concerning the same."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Account of Cruizers to be brought.
Ordered, That the Commissioners of the Admiralty do lay before this House, an Account of His
Majesty's Ships of War, which have been employed,
since the Commencement of the present War with
Spain, as Cruizers, for the Protection of the Trade
of this Kingdom; the Stations of such Ships, and how
long ordered to continue thereon; with the Times of
their going to Sea, and their returning into Port;
when such Ships were cleaned, and which of them
tallowed, and when, respectively; together with Copies of the Journals of the Commanders of His Majesty's Ships of War so employed.
Account of Ships built in Private Yards;
Also, an Account of the Ships of War and other
Vessels built in Private Yards, for His Majesty's Service, since the 10th of July 1739; distinguishing the
Times when contracted for, and when launched;
when first put to Sea, and on what Services employed.
and Account of Ships, &c. purchased.
And also, an Account of the Ships and Vessels purchased, for His Majesty's Service, since the 10th of
July 1739; distinguishing the Times when purchased,
when first put to Sea, and on what Services employed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.