January 1744, 21-31
DIE Martis, 24o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Herbert. |
PRAYERS.
Colonel Stratton against Skinner & al.
The joint and several Answer of David Skinner and
others, to the Appeal of Colonel Straton, was brought
in.
E. of Home against Clark.
As was also, the Answer of Jacobina Clark, One of
the Respondents to the amended Appeal of William Earl
of Home.
His Majesty's Answer to Address.
The Earl Fitzwalter reported, "That the Lords
with White Staves had (according to Order) presented
to His Majesty the Address of this House, on Thursday last, for a Copy of the Estimate of the Charge
of the Troops of Hanover, in the Pay of Great Britain, for the Year 1744; and also for a State of
the National Debt; and that His Majesty was pleased
to say, He would give Orders accordingly."
E Breadalbane against Menzies & al. & è contra.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of
Breadalbane and His Majesty's Advocate for Scotland
are Appellants, and James Menzies of Culdairs Esquire
and Angus McDonald of Kenknock Respondents, et è
contra:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the 15th
Day of February next.
Clarke & al. Petition for a Bill to sell Bagnal's Estate, referred to Judges.
Upon reading the Petition of Godfrey Clarke Esquire
and Anne Clarke his Wife, for themselves and on the Behalf
of Godfrey Bagnall Clarke, their only Son, an Infant;
and also of Richard Davenport Esquire and Phebe Davenport his Wife; praying Leave to bring in a Bill,
for Sale of a House and Lands at Roughampton, in the
Parish of Putney, in the County of Surrey; and to lay
out the Money produced by such Sale, in the Purchase
of another Estate, to be settled to the Uses of the Will
of Joseph Bagnall of Roughampton aforesaid Esquire,
deceased:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.
Bowater's Petition referred to Judges.
Upon reading the Petition of Edward Bowater
Esquire and Charlotte Bowater his Wife; praying Leave
to bring in a Bill, for Sale of an Estate at Woolwich,
in the County of Kent; and for laying out the Money
arising thereby in the Purchase of another Estate, to be
settled to the Uses of the Petitioner's Marriage Settlement:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Dennison and Mr. Baron Clarke; with the usual Directions, according to the Standing Order.
Witham against Lewis; and Martin against Strachan: Writs of Error.
The Lord Chief Justice of the Court of King's Bench,
in the usual Manner, brought up Two Writs of Error;
in the First of which,
John Leybourn Witham Esquire is Plaintiff,
and
George Lewis, on the Demise of Edward Earl of
Derby, Defendant:
and in the other,
John Martin is Plaintiff,
and
John Strachan the Younger Esquire and Luke
Harrison are Defendants.
Estimate of the Charge of Hanover Troops delivered:
The House being informed, "That Mr. Baker, from
the War Office, attended:"
He was called in; and delivered, at the Bar,
"Estimate of the Charge of the Troops of Hanover,
in the Pay of Great Britain, from the 26th of December 1743, to the 25th of December 1744."
And then he was directed to withdraw.
Ordered, That the said Estimate do lie on the
Table.
To be considered.
Ordered, That the same be taken into Consideration on Friday next; and the Lords to be summoned.
Grant & al. against Duguid.
Upon reading the Petition and Appeal of Alexander
Grant of Grantsfield, and John Thain Advocate in Aberdeen; complaining of an Interlocutor of the Lords of
Session in Scotland, of the 9th of February 1742/3, and of
their Adherence thereto, the Fourth of this Instant
January, made on the Behalf of James Duguid; and
praying, "That the same may be reversed, varied, or
amended; and that the Appellants may have such
other Relief as to the great Wisdom and Justice of
this House shall seem meet:"
It is Ordered, That the said James Duguid may have
a Copy of the said Appeal; and he is hereby required
to put in his Answer thereunto, in Writing, on or before
Tuesday the 21st Day of February next; and that Service of this Order on his Agents or Procurators in the
Court below be deemed good Service.
Moravia against Wintle; Writ of Error; Non pros'd.
Upon reading the Petition of William Wintle, Defendant in a Writ of Error depending in this House,
wherein Moses Moravia is Plaintiff; praying, "In regard the said Plaintiff has not assigned Errors within
the Time limited by the Standing Order of this
House, that the said Writ of Error may be Non
pros'd:"
It is Ordered, That the Petitioner do forthwith
enter a Non pros. on the said Writ of Error, asdesired; and that the Record be remitted to the Court
of King's Bench, to the End Execution may be had
upon the Judgement given in that Court, as if no such
Writ of Error had been brought into this House; and
further, that the Plaintiff in Error do pay, or cause to be
paid, to the Defendant in Error, the Sum of Twenty
Pounds, for his Costs by reason of the Delay of the
Execution of the said Judgement.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffens.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Doncaster.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert. |
PRAYERS.
Chatham Road, Bill.
The Earl of Rockingham reported from the Lords
Committees to whom the Bill, intituled, "An Act for
enlarging the Term and Powers granted by an Act,
passed in the Third Year of the Reign of His present
Majesty, for repairing and widening the Road from
that Part of Chatham which lies next to the City of
Rochester, to St. Dunstan's Cross, near the City of
Canterbury, in the County of Kent," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which were 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."
Viscountess Dowager Doneraile admitted a Pauper.
A Petition of Catherine Sarah Viscountess Dowager
Donneraile Widow, was presented to the House, and
read; praying, "That she may be admitted to prosecute her Appeal in Forma Pauperis; and that Mr.
Attorney General and Mr. Solicitor General may be
assigned as her Counsel, and Mr. John Sharpe of Lincoln's
Inn as her Solicitor."
And thereupon an Order, made by the Court of
Chancery in Ireland, admitting the Petitioner to sue
there in Forma Pauperis; and an Affidavit, made before
a Master in Chancery here, "That she is not worth
Five Pounds in worldly Substance," being read:
Ordered, That the Petitioner be admitted to prosecute her Appeal in Forma Pauperis; and that the Counsel and Solicitor be assigned, as desired.
Address for separate Articles relative to the Treaty of Worms, refused.
Moved, "That an humble Address be presented to
His Majesty, That He will be graciously pleased to
give Orders, that there be laid before this House all
and every separate Articles, Acts, Declarations, or
Conventions, belonging or relating to the Treaty concluded between His Majesty, the Queen of Hungary,
and the King of Sardinia, at Worms, on the 2d of
September 1743; and likewise all Declarations, Conventions, or Instruments, signed by His Majesty's
Ministers and the Ministers of the Queen of Hungary,
since the Conclusion of, but relative to, the Execution of the said Treaty."
The same being objected to;
And Debate thereupon:
The Question was put, upon the said Motion.
And it was Resolved in the Negative.
Thunn's Nat. Bill:
The Lord Willoughby of Parham reported from the
Lords Committees to whom the Bill, intituled, "An
Act for naturalizing John Rudolff Thunn of London
Merchant," was committed: "That they had considered the said Bill, and examined the Allegations
thereof, which were found to be (fn. 1) true; and that the
Committee 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 et in diem Veneris,
vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
18th March, 1744,
Hitherto examined by us,
Portland.
Shaftesbury.
Willoughby.
DIE Veneris, 27o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor. |
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys. |
PRAYERS.
Chatham, Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that
Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Allen:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
Carre's Bill.
The Lord Bishop of Landaff reported from the Lords
Committees to whom the Bill, intituled, "An Act to
enable Mr. John Carre of Cavers Advocate to sell
Lands, in the County of Roxburgh, for Payment of
Debts charged thereon; and with the Surplus Money
(if any) to purchase other Lands, to be settled to the
same Uses as the Lands to be sold are settled," was
committed: "That they had considered the said Bill,
and examined the Allegations thereof; which were
found to be true; that the Parties concerned had
given their Consents; and that the Committee had
gone through the Bill, and made some Amendments
thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Cliffe's Petition referred to Judges.
Upon reading the Petition of Henry Cliffe of Sutton
in the County of Surrey Esquire, Mary Cliffe and Margaretta Eleonora Cliffe, in the Parish of St. James, Westm'r,
in the County of Midd'x, Spinsters, Sisters of the said
Henry Cliffe; praying Leave to bring in a Bill, to enable
the Trustees named in the Will of Richard Cliffe of
Sutton aforesaid Esquire, the Petitioner Henry's late
Brother, deceased, to sell certain Estates in the Counties
of Southampton and Surrey, comprized in the said Will,
for discharging his Debts, Funeral Expences, and Legacies, or such Part thereof as they shall think necessary
for that Purpose; and for laying out the Surplus
Money, if any there shall be, in the Purchase of another
Estate, to be settled to the same Uses:
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.
Sir Edward Pickering and others, Leave for a Bill.
Upon reading the Petition of Sir Edward Pickering Baronet, Thomas Peach Esquire, and others, whose
Names are thereunto subscribed; praying Leave to
bring in a Bill, for establishing certain Articles of
Agreement in the Petition mentioned, bearing Date the
13th of September last, for an Exchange between the
Petitioners, for the respective Rights of Common, lying
in the Parish, Township, or Hamlet, of East Langton,
West Langton, Church Langton, and Thorp Langton, in
the County of Leicester:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Clarkes to take the Name of Stewart, Leave for a Bill.
Upon reading the Petition of Edward Stewart, lately
called Edward Clarke, and James Stewart Stewart, lately
called James Stewart Clarke, an Infant, by Isabella Clarke
Widow, his Mother and Guardian; praying Leave to
bring in a Bill, for establishing and confirming the
Name of Stewart upon the said Edward and James
Clarke, pursuant to the Will of James Stewart, late of
North Shields, in the Parish of Tinmouth, in the County
of Northumberland, deceased, and the Issue of their
respective Bodies:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Estimate of the Charge of the Hanover Troops, considered;
The Order of the Day being read, for taking into
Consideration the Estimate laid before this House, on
Tuesday last, of the Charge of the Troops of Hanover,
in the Pay of Great Britain, from the 26th of December
1743, to the 25th of December 1744:
It was moved, "To resolve, That an humble Address
be presented to His Majesty, earnestly beseeching
His Majesty, that, in Consideration of the Jealousies
and Discontent of His faithful Subjects at Home
and His British Forces Abroad, He would be graciously pleased to give Orders, that the Sixteen Thousand Hanoverians be no longer continued in the Pay
of Breat Britain, being prejudicial to the Public
Service, inconsistent with the true Interest of His
Majesty, and dangerous to the Tranquillity and Welfare of the Nation."
Address that they may be no longer continued in the Pay of Great Britain, refused.
Which being objected to;
And Debate thereupon:
The Entry in the Journal, of the 9th of December
last, on the Motion then made, for an Address to His
Majesty, "That the Sixteen Thousand Hanoverians,
in the Pay of Great Britain, be no longer continued
after the 26th of that Month," was read.
And, after further Debate;
It was proposed, by Way of Amendment to the
Question moved, "To add, after the Words ["be no
longer continued in the Pay of Great Britain"], these
Words ["after the 25th Day of March next"]."
And the same was agreed to.
Then the previous Question was put, "Whether
the said Question, so amended, shall be put?"
It was Resolved in the Negative.
Ordered, That this House will take into further
Consideration the said Estimate, on Tuesday next; and
the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 30o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffens.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bangor. |
Ds. Hardwicke, Cancellarius. |
PRAYERS.
In order to solemnize this Day; being, by Act of
Parliament, appointed to be observed as a Day of
Fasting and Humiliation, for the Martyrdom of King
Charles the First;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 31o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley Str.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert. |
PRAYERS.
Sir Richard Mead against Webb.
The Answer of Daniel Webb Esquire, to the Appeal
of Sir Richard Mead Baronet, was brought in.
Marshall against Vaughan.
As was also, the joint and several Answer of John
Vaughan, Ann Morris, and William Savage, Three of the
Respondents to the Appeal of Hugh Marshall and
others.
Thanks to the Bishop of Bangor, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Bangor, for
the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster; and he is hereby
desired to cause the same to be printed and published.
Grant to enter into Recognizance for Grant & al.
The House being moved, "That Lodowick Grant
Esquire may be permitted to enter into a Recognizance for Alexander Grant and John Thain Advocate,
on account of their Appeal depending in this
House; they being in Scotland:"
It is Ordered, That the said Lodowick Grant may
enter into a Recognizance for the Appellants, as desired.
E. of Plimouth's Petition referred to Judges.
Upon reading the Petition of Elizabeth Lewis Widow,
William Fortescue Esquire, and Thomas Archer Esquire,
Guardians and Trustees for and on the Behalf of the
Right Honourable Other Lewis Earl of Plimouth, an
Infant, only Child of Other late Earl of Plimouth,
deceased, by Elizabeth late Countess of Plimouth, also
deceased, who was the Daughter and only Child of
Thomas Lewis Esquire, deceased, by the said Elizabeth
Lewis; praying Leave to bring in a Bill, for empowering them to issue such Sum of Money, out of the Personal Estate of the Earl of Plimouth, to be applied
toward such Purchase as the Court of Chancery shall
order and direct; and for other Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Baron
Clarke; with the usual Directions, according to the
Standing Order.
L. Abergagavenny's Petition referred to Judges.
Upon reading the Petition of William Lord Abergavenny; praying Leave to bring in a Bill, for empowering the Trustees named in an Act of Parliament,
passed in the Sixth Year of His present Majesty, to
apply the Sum of Ten Thousand Pounds, for the Purchase of a Mansion House and Estate, in Sussex, in the
Petition mentioned; and for settling the same, when
purchased, to the Uses limited by the said Act:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.
Powys & al. Petition referred to Judges.
Upon reading the Petition of Edward Powys Esquire
and Katherine his Wife, for themselves and on Behalf
of Penelope and Jane their Two Daughters, who are
both Infants; praying Leave to bring in a Bill, for
Sale or Mortgage of so much of the Estates in the
Counties of Chester and Stafford, which were settled on
the Petitioners Marriage, as will be sufficient to raise
and pay the Debts of the Petitioner Edward; and for
extinguishing the Power of both the Petitioners to
make Leases for Lives, and the Power of the Petitioner
Edward to commit Waste upon the said settled Estate:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.
Hobbes & al. Petition referred to Judges.
Upon reading the Petition of Martha Hobbes, the
Widow and Relict of Rodolph Hobbes Gentleman deceased, on Behalf of herself and her Two Infant
Sons (by the said late Husband) Robert Hobbes and
Thomas Hobbes; praying Leave to bring in a Bill, for
Sale of the Freehold and Copyhold Estates, in West Wycombe, in the County of Bucks, in the Petition mentioned,
for Payment of the Debts chargeable thereupon; and
for making a Provision for the Petitioner and her said
Children, out of the Surplus arising by such Sale:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Justice of the Court of King's Bench and Mr. Justice
Wright; with the usual Directions, according to the
Standing Order.
Mareham le Fen Common Enclosure; Banks & al. Leave for a Bill.
Upon reading the Petition of William Banks Esquire
Lord of the Manor of Mareham Le Fen in the County
of Lincoln, the Reverend Henry Shepherd Rector of the
Parish of Mareham Le Fen, and Bennet Langton Esquire,
Richard Kellam, John Wood, William Clark, Edward
Robinson, and Joseph Slater, Proprietors or Owners of
divers ancient Farms, Cottages, or Toststeads, within the
said Manor and Parish, on the Behalf of themselves and
other the Proprietors or Owners of ancient Farms, Cottages, or Toststeads, within the said Manor and Parish;
praying Leave to bring in a Bill, for enclosing and
dividing a certain Common within the said Manor, called The Severals and the Moor:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Estimate of the Charge of the Troops of Hanover considered.
The Order of the Day being read, for taking into
further Consideration the Estimate of the Charge of the
Troops of Hanover, in the Pay of Great Britain, from
the 26th of December 1743, to the 25th of December
1744:
Motion for a Resolution, that the continuing the Hanoverian Forces in the Pay of Great Britain is prejudicial to the Interest of the King, &c.:
It was moved, "To resolve, That it is the Opinion of
this House, that the continuing the Sixteen Thousand
Hanoverians in the Pay of Great Britain is prejudicial
to the true Interest of His Majesty, useless to the
common Cause, and dangerous to the Welfare and
Tranquillity of this Nation."
And the same being objected to:
After long Debate thereupon;
The Question was put, upon the said Motion.
And it was Resolved in the Negative.
Protest against rejecting it.
"Dissentient.
"1st, Because we conceive that the Demand made
in the Estimates, for the Continuance of the 16,000
Hanoverians in the Pay of Great Britain, for the
ensuing Year, rendered the Interposition of this House,
against so fatal a Measure, the more necessary, inasmuch as it seemed now to be the only Means left to
prevent it.
"2dly, Because we apprehend that every National
Purpose, pretended to be answered by these Hanoverians, may be more effectually served by an equal
Number of Troops, supposing such a Number to be
necessary, free from the same Objections; either of
other Foreign Mercenaries, who will thereby be prevented from engaging with our Enemies (of which
the Hanoverians, when unpaid by us, cannot, we
assure ourselves, be suspected); or at least (which is
evidently practicable even at this Time) partly of
Mercenaries, and partly out of the great and extraordinary Establishment of National Troops now in this
Kingdom.
"3dly, Because it appears to us, that these Hanoverians, though in the Pay, can hardly be said to
have been in the Service, of this Nation. Some refused
to form in the First Line, at the Battle of Dettinghen,
and retired to the Second; others refused to obey
the Orders of the Brittish General and march in
Pursuit of the Enemy, after the Battle; and the
greatest Number of 'em, who, together with some
of the Brittish Guards, composed what was called the
Rear Guard, under the Command of a Hanoverian
Lieutenant General, took a different Route in the
March from the rest of the Army from Aschaffembourg, and such a one as not only rendered 'em
wholly useless to the Army when the French attacked
us in Front, but would have rendered 'em equally
useless if the French from Aschaffembourg (where we
left the Passage open to 'em) had attacked us in the
Rear; in which, it was pretended, that these Troops
were left as in the Post of Honour: Nay, not contented to avoid being of any Use either in the Front
or in the Rear, but determined to be of Use no
where, they halted as soon as they came within Sight
and Reach of the Battle, though pressed by the Brittish Officer, and invited by the Ardour of the Brittish
Soldiers to share the Glory, and compleat, as they
might have done, the Victory of the Day: These
Facts (together with many others which we omit)
asserted in the Debate, in Presence of many Lords of
this House who served the last Campaign, denied by
none of 'em, and confirmed in general by a Noble
Duke of the highest Rank and Character, prove (as
we conceive) these Troops to be useless, at least if
Action be intended; and we will not represent even
to ourselves what Reasons there can be for demanding
'em, if Action be not intended.
"4thly, Because if, as it was insinuated in the Debate, other Mercenaries could not be relied on, as
belonging to Princes of the Empire inclined to or
engaged with our Enemies, these Hanoverians would,
as we conceive, in Consequence, be useless to the
Common Cause; since it would be in the Power of
those very Princes, by only marching their Troops
into proper Places, to recall these Mercenaries from
us, and confine 'em to the Defence of their own
Electorate, or disarm 'em at least by a Second Neutrality.
"5thly, Because it has not been pretended that the
Administration has so much as endeavoured to obtain
any other Foreign Troops whatsoever, notwithstanding
the long Notoriety of the universal and deeply-rooted
Dissatisfaction of the Nation at the present Measure;
a Neglect so unaccountable and surprizing to us,
that, we fear, the Nation will rather suspect that we
are to have no other Troops, than believe that no
others are to be had.
"6thly, Because we conceive that the future Cooperation of our National Troops with these Mercenaries has been rendered impracticable, and even their
Meeting dangerous: We think it therefore indispensably incumbent upon us, to remove the Object that
occasioned the many Instances of Partiality, by which
the Hanoverians were unhappily distinguished, and
our brave Fellow-subjects the British Forces undeservedly discouraged. The constant Preference in
Quarters, Forage, &c. we wish no Occasion had
been given to remember; but we cannot here pass
over in Silence the Hanoverian Guards having
for some Days done Duty upon His Majesty, at Aschaffembourg, which we look upon as the highest
Dishonour to His Majesty and this Nation; and are
therefore astonished to observe an unusual and, to
every other Purpose, useless Proportion of Hanover
Guards continued upon the Estimate.
"7thly, Because we apprehend that the Argument
urged in Opposition to this Question, namely, "That
the withdrawing these 16,000 obnoxious Mercenaries
would, by weakening our Army in the next Campaign, alarm our Allies, and encourage our Enemies,"
is fully obviated by the Methods we have mentioned
above of replacing 'em; some, if not all, of which
(notwithstanding the, to us, unaccountable Negligence of the Administration) arestill undeniably practicable; nor can we conceive, in any Case, that the
removing the Causes of Discord and Division tends
to the weakening of that Body from whence they are
removed; and we are of Opinion, that our Allies
would not (whatever our Enemies might) regret the
Loss of those Troops the next Year, which, by Experience, they found so useless the last.
"8thly, Because we apprehend that the most fatal
Consequences must ensue, should this Nation be once
possessed with an Opinion, that the Discouragements
and Mortifications which our Fellow-subjects of the
Army have received Abroad, were derived from any
Distrust or Dislike of the British Nation. We are far
from entertaining any such Opinion, though some
Degree of Foreign Partiality may have given indeed
Occasion to these Discouragements and Mortifications;
and though we cannot help ascribing 'em likewise
to some abject Flattery and criminal Misrepresentation, which this Partiality, blameless in itself, has
unhappily given Occasion to, and by which, in its
Turn, it has been somented: But how groundless
soever such an Opinion may be, it may still prevail,
and the Appearances we lament may produce the
Effects we dread. The Motives to that Concern that
has been expressed in this House, and to the loud
Dissatisfaction that has been expressed every where
else, are in themselves of great Importance, and such
as would deserve, even if they stood alone, the serious Consideration and seasonable Interposition of
this House; but we confess that they appear to us
still more important, when we consider 'em relatively
to Things of the same Nature, less apparent indeed,
but equally real, and more detrimental perhaps, if
not more dishonourable, to this Nation; for more
dishonourable they may be thought, if a continued
Principle of Conduct, whereby the Interests of One
Country are carried on in Subordination to those of
another, constitutes the true and mortifying Definition of a Province. We will not here call to Memory any former Measures of this Kind, nor recapitulate all the Instances that might be given, wherein
the Blood and Treasure of this Nation have been
lavishly employed, when no One Brittish Interest, and
(as we conceive) some Foreign Interest alone, was
concerned. Some of these Instances were touched in
the Debate, most of 'em are well known, and all of
'em are at this Time, by the Course of Events, manifested to Publick View: The former were long hid
and disguised under political Veils, the present could
not by their Nature be so; they are such, as strike
every One equally from the highest Officer to the
common Soldier, and carry along with 'em, not only
their own Weight, but the Weight of all those that
preceded 'em; they are such, therefore, in our Opinions, as must affect, in the most fatal Manner, both
the Peace and Security of His Majesty, and His Royal
Family, and the common Cause in which we are
now, and may hereafter be, engaged. The present
Royal Family was justly called to the Throne of
Great Britain, in order to secure to us our Civil as
well as our Religious Rights, and to remove every
false and foreign Bias from our Administration:
The Happiness and Security, therefore, both of King
and People, consists in the inseparable Union of all
these Interests with the Interest of the Crown. In a
just Confidence that these National Views were those
of the present Royal Family, this Nation has done
every Thing that could engage 'em to adhere to 'em,
and has given to His late and present Majesty far
greater Sums than were ever given in similar Circumstances to any of their Royal Predecessors. Whoever
goes about to sever the Interests of the Crown from
any National Interests, is an Enemy to both; and every
Measure that does so, tends to destroy both: It is to
guard against such Attempts, that our Zeal for our
King and our Country exerts itself on this great Occasion; as our most earnest Desire is, that His Majesty's Throne should be established in the Hearts of
His People; and as we are struck with Horror at
every Object that can alienate His Affections from
them, or theirs from Him. How much these unfortunate Circumstances have already weakened the natural Influence of Great Brittain, in Pursuit of the
common Cause of Europe, is but too apparent in Fact,
and could not be otherwise in the Nature of Things.
Great Brittain is a powerful Kingdom; and whenever
she has acted in her true Character, and aimed at
that great and noble View alone, of maintaining a
Balance between the Powers of Europe, for the common Interests of all, the Effects have been answerable
to the Cause; and her Insluence in Germany, saved by
her Arms, and supported by her Treasures, in the last
War, was, as it ought to be, and as it has been every
where else, superior. But should it ever appear that
an inferior German Principality is really, and Great
Brittain only nominally, the Director and Actor, such
a Change in the Cause must necessarily produce a
deplorable Difference in the Effect; and Hanover, that
can give neither Strength nor Consideration to Great
Brittain, may thus diminish the One, and take the
other wholly away.
"Ancaster, G. C.
Westmorland.
Stamford.
Sandwich.
Shaftesbury.
Talbot.
Thanet.
Montjoy.
Coventry.
Dunk Halifax.
Bridgewater.
Denbigh.
Gower.
Ailesbury.
Chesterfield.
Litchfield.
Boyle.
Bedford.
Oxford & Mortimer.
Hervey.
Abingdon.
Foley.
Strafford.
Beaufort.
Huntingdon."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.