House of Lords Journal Volume 27
January 1748

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History of Parliament Trust

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Year published

1767-1830

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159-165

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'House of Lords Journal Volume 27: January 1748', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 159-165. URL: http://british-history.ac.uk/report.aspx?compid=114268 Date accessed: 23 September 2014.


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January 1748

DIE Lunæ, 11o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor.
Epus. Roffen.
Epus Norwic
Epus Cicestriens
Epus. Landavens
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Epus. Exon
Epus. Petriburg.
Epus. Carliol.
Ds. Hardwicke, Cancellarius
Dux St. Albans.
Comes Pembroke
Comes Northampton.
Comes Worwick.
Comes Carlisle.
Comes Jersey
Comes Morton.
Comes Leven.
Comes Aberdeen.
Comes Oxford
Comes Horborough.
Comes Graham
Comes Ker
Comes Fitzwalter.
Comes Bath
Comes Fitzwilliam
Ds Willoughby Par.
Ds. Monson.
Ds Herbert.
Ds. Ravensworth.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Matthew Lord Archbishop of York.

Philip Earl of Harborough.

William Earl of Bath, and.

Richard Lord Bishop of Carlisle.

Ld Ravensworth introduced.

Sir Henry Lyddell, of Ravensworth Castle in the County of Durham, Baronet, being, by Letters Patent, dated the 29th of June, in the 21st Year of His present Majesty, created Lord Ravensworth, Baron of Ravensworth, was (in his Robes) introduced, between the Lord Monson and Lord Herbert (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding.

The said Lord, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack, who delivered at to the Clerk, and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To our Right Trusty and Wellbeloved Henry Lyddell of Ravensworth Chevalier, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, by the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirteenth Day of August, in the Twenty-first Year of Our Reign, there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm, which said Parliament hath, by Our several Writs, been prorogued, from that Time, to and until the Tenth Day of November now next ensuing, at Our City aforesaid, to be then there held, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, (waving all Excuses) you be personally present at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Assairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentieth Day of October, in the Twenty first Year of Our Reign.

"Yorke & Yorkf"

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was afterwards placed on the lower End of the Barons Bench.

Carthew's Petition referred to Judges.

Upon reading the Petition of Elizabeth Carthew Widow, for and in Behalf of herself and her Infant Son Thomas Carthew Esquire, and of her Three Infant Daughters, France, Carthew, Grace Carthew, and Caroline Carthew, praying Leave to bring in a Bill, for confirming and establishing the Will of Thomas Carthew Esquire, the Petitioner's late Husband, deceased, in several Particulars, and for enabling the Petitioner and the Reverend John Tanner of Lowestost in the County of Suffolk, or One of them, to make Sale of certain Estates to Thomas Gooch Esquire, pursuant to a Contract 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.

Countess Anglesey against E Anglesey.

A Petition of Anne Countess of Anglesey, was presented, and read, setting forth, "That Terms of Accommodation of the Matters in Dispute, upon her Appeal depending in this House, have been lately offered on the Part of Richard Earl of Anglesey the Respondent, who is now in Ireland, which, the Petitioner is advised, cannot be compleated, without further Correspondence with his Lordship and his Agents," and praying, "That the Hearing of the said Appeal may be put off to such further Time as this House shall think fit"

And thereupon the Solicitors on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to Wednesday Six Weeks.

Garden against Rigg.

A Petition of Alexander Garden Esquire, was presented, and read, setting forth, "That the Petitioner's Appeal, to which Thomas Rigg Esquire is Respondent, stands to be heard on Wednesday next, and that Advice is lately come from Scotland, that the Lord Advocate, One of the Petitioner's Counsel in this Cause, is detained there by pressing Business, and that the Petitioner's Agent is incapable to give proper Instructions to another Counsel by the Time appointed," and praying, "That the said Hearing may be adjourned for Ten Days, or such other Time as this House shall appoint"

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn.

Ordered, That the Hearing of the said Cause be put off to this Day Fortnight.

Campbell to present Appeal.

Upon reading the Petition of Margaret, Lillias, and Hellen Campbell, only lawful Children now on Life of the deceased Archibald Campbell of Shirvance, and Mr John Graham Younger of Dugalston, Husband of the said Margaret, and John Callendar of Craigforth, sole Curator and Guardian of the said Lillias and Hellen, setting forth, "That the Petitioners, being advised that Two Interlocutors of the Lords of Session in Scotland, of the 17th of February and 12th of June last, made in Favour of Alexander Campbell of Shirvane aforesaid, are contrary to Law, and the Nature and Purpose of certain Deeds of Settlement in the Petition mentioned, have prepared an Appeal to this House against the same, and that the Time limited by their Lordships for receiving Appeals is now lapsed, occasioned by certain unavoidable Accidents," and praying, That, notwithstanding thereof, the said Appeal may be received."

Ordered, That the said Appeal may be received, as desired.

Campbell & al against Campbell.

Accordingly the said Appeal was presented, and read, complaining of the said Interlocutors, and praying, "That the same may be reversed, altered, or varied, and such other Relief given the Appellants as to this House shall seem meet."

Ordered, That the said Alexander Campbell may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 8th Day of February next, and that Service of this Order on any of his Procurators or Agents in the Court below be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 14o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen
Epus Norwic.
Epus Landavens
Epus Bath & Wells
Epus Asaphen
Epus Meneven.
Epus Carliol.
Dux Argyll.
Comes Northampton.
Comes Moray.
Comes Leven.
Comes Oxford.
Comes Harborough
Comes Pomfret.
Comes Graham
Comes Fitzwilliam.
Viscount Harcourt.
Ds Willoughby Par
Ds. North & Guilford
Ds Conway.
Ds Romney.
Ds. Sandys.
Ds. Ravensworth
Ds. Archer.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

Lords take the Oaths.

Simon Lord Viscount Harcourt and Robert Lord Romney took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ld Archer introduced.

Thomas Archer, of Umberslade in the County of Warwick Esquire, being, by Letters Patent, dated the 14th Day of July, in the 21st Year of His present Majesty, created Lord Archer, Baron of Umberslade aforesaid, was (in his Robes) introduced, between the Lord Conway and Lord Sandys (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding.

And the said Lord, on his Knee, presented his Patent to the Speaker, at the Woolsack, who delivered at to the Clerk, and the same was read, at the Table.

His Writ of Summons was also read, as follows, (videlicet,)

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c To Our Right Trusty and Well-beloved Thomas Archer of Umberslade Chevalier, Greeting Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, by the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirteenth Day of August, in the Twenty first Year of Our Reign, there to treat and have Conserence with the Prelates, Great Men, and Peers of Our Realm, which said Parliament hath, by Our several Writs, been prorogued from that Time, to and until the Tenth Day of November now next ensuing, at Our City aforesaid, to be then there held, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affirs and Dangers impending, (waving all Excuses) you be personally present at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said King dom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentieth Day of October, in the Twenty-first Year of Our Reign.

"Yorke & Yorke."

Then his Lordship took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was afterwards placed on the lower End of the Barons Bench.

Arbuthnot to receive Appeal.

Upon reading the Petition of James Arbuthnot Esquire, setting forth, "That, at the Time of pronouncing a certain Interlocutor of the Lords of Session in Scotland, on the 18th Day of June last, he was in The West Highlands, where he was detained several Months in settling his Affairs; and, upon his Return to Edmburgh the last Month, took the Opinion of Counsel upon the Ments of the Case, and did thereupon, with all Dispatch, prepare an Appeal from the said Interlocutor," and praying, "In respect of the particular Circumstances the Petitioner was under, that this House will be pleased to receive the said Appeal, notwithstanding the same has not been lodged within the Time limited for presenting Appeals"

It is Ordered, That the said Appeal be received, as desired.

Arbuthnot against Macfarlane.

Accordingly the said Appeal was presented, and read, complaining of the said Interlocutor, made on the Behalf of Walter Macfarlane Esquire, and praying, "That the same may be reversed, and that this House will give the Appellant such further Relief as to their Lordships in their great Wisdom shall seem meet"

Ordered, That the said Walter, Macfarlane may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 11th Day of February next, and that Service of this Order on any One of his Procurators or Agents in the Court of Session in Scotland be deemed good Service.

Capt Campbell to enter into Recognizance for Margaret Campbell and others.

The House being moved, "That Captain James Campbell may be permitted to enter into a Recognizance for Margaret Campbell and others, on account of their Appeal depending in this House, they being in Scotland"

It is Ordered, That the said Captain James Campbell may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Guliclm Lee Miles, Capitalis Justiciatrus Banci Regu, declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quantum diem instantis Januarii, hora undecima Auroæ, Dominis sic decernentibus.

DIE Veneris, 15o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch. Ebor.
Epus. Roffen
Epus Norwic
Epus Cicestriens
Epus Menevens.
Epus. Carliol.
Ds. Hardwicke, Cancellarius
Comes Gower, C. P S.
Dux Argyll.
Dux Newcastle
March. Lothian
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Moray
Comes Leven
Comes Aberdeen
Comes Harborough.
Comes Fitzwilliam.
Ds Willoughby Par.
Ds North & Guil..
Ds. Sandys.

PRAYERS.

E Brooke a Petition referred to Judges.

Upon reading the Petition of Francis Earl Brooke and Elizabeth Countess Brooke his Wife (late the Honourable Elizabeth Hamilton), for and on Behalf of themselves, and for and on Behalf of the Honourable George Grevile Esquire, commonly called Lord Grevile, their Infant Son, praying Leave to bring in a Bill, for Sale of certain Estates in the County of Southampton, settled on his late Marriage, and for laying out the Money arising thereby in the Purchase of Lands of greater Value, 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 Mr. Baron Clarke, with the usual Directions, according to the Standing Order.

Faleonar to enter into Recognizance for Arbuthnot.

The House being moved, "That Mr David Falconar of London Merchant may be permitted to enter into a Recognizance for James Arbuthnot Esquire, on account of his Appeal depending in this House, he being in Scotland"

It is Ordered, That the said David Falconar may enter into a Recognizance for the said Appellant, as desired.

Wight & al against Steward.

After hearing Counsel in Part, upon the Petition and Appeal of Andrew Wight and others, complaining of certain Interlocutors of the Judge of the Court of Admiralty in Scotland, and of the Lords of Session there, to which Rochael Stewart is Respondent.

It is Ordered, That the further Hearing of the said Cause be put off to Monday next.

Adjourn.

Dominus Cancellarus declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 18o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch. Ebor.
Epus Roffen
Epus. Landavens
Epus. Meneven.
Epus Carliol
Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Newcastle.
March Tweeddale.
Comes Northampton.
Comes Shaftesbury.
Comes Morton.
Comes Moray
Comes Lauderdale.
Comes Loudoun.
Comes Leven.
Comes Oxford.
Comes Pomfret.
Comes Fitzwalter.
Comes Fitzwilliam.
Ds. North & Guil.
Ds Romney.
Ds. Sandys.

PRAYERS.

Campbell & al against Drummond, & è contra

Upon reading the Petition of Mary Campbell, Respondent to the Appeal of James Drummond and others, & è contra, setting forth, "That, on Monday the 23d of November last, the Hearing of these Causes was put off to this Day, on account that the Matters in Question therein were in a Way of being accommodated, since which, all the Parties have signed a Submission, but no Award hath yet been made," and praying, "That the hearing the said Cause may be put off for Two Months further, and, in case an Award shall not be made in that Time, the said Hearing may be proceeded in"

It is Ordered, That the said Hearing be put off to this Day Two Months, as desired.

Dickson to receive Appeal.

A Petition of David Dickson Gentleman, Second Son of William Dickson of Kilbucho Esquire, and the Heir and Executor to the deceased Thomas Dickson, Third Son to the said William Dickson, which Thomas was the Husband and Disponee of the deceased Guzel Rachael Baillie, who was only Child of the deceased John Baillie of Walston, was presented, and read, setting forth, "That an Appeal from certain Interlocutors of the Court of Session in Scotland, of the 15th of July and 15th of December last, made on the Behalf of George Lockhart of Carnwath Esquire, was prepared, and duly signed by Counsel, and sent from Ldinburgh to London, under Cover to a Member of Parliament, that the same might be presented to this House in due Time, but by Accident was not delivered to the Petitioner's Agent till Thursday last," and praying, "That the said Appeal may be received, as if the said Accident had not happened."

And thereupon the said Agent was called in, and heard at the Bar, touching the Allegations of the said Petition.

And being withdrawn.

Ordered, That the said Appeal be received, as desired.

Dickson against Lockhart.

Accordingly, the said Appeal was presented, and read; complaining of the said Interlocutors; and praying "That the same may be reversed, and such other Relief given the Appellant as to this House in their great Wisdom shall seem meet:"

Ordered, That the said George Lockhart may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 15th Day of February next, and that Service of this Order on his Agent or Procurator be deemed good Service.

Wight & al against Stewart.

Counsel (according to Order) were called in, and further heard, in the Cause wherein Andrew Waght and others are Appellants, and Rachael Stewart is Respondent.

And being withdrawn.

Ordered, That the further Hearing of the said Cause be adjourned to Thursday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 21o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor.
Epus Roffen.
Epus Landavens.
Epus Lincoln.
Epus Asaphen
Epus Carliol
Dux Gordon
Comes Northampton.
Comes Leven.
Comes Harborough.
Comes Pomfret.
Ds. Masham.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

Bp of Peterborough to preach on the Fast Day.

Ordered, That the Lord Bishop of Peterborough be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Wednesday the 17th Day of February next, being the Day appointed by His Majesty's Royal Proclamation for a general Fast.

Report Commissioners Greenwich Hospital delivered.

The House being informed, "That the Secretary to the Commissioners of Greenwich Hospital attended"

He was called in, and delivered, at the Bar, pursuant to the Directions of an Act of Parliament,

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1746, and 30th November 1747, and of their Proceedings in carrying on the Building"

And then he was directed to withdraw.

And the Title thereof being read by the Clerk.

Ordered, That the said Report do lie on the Table.

Hall against Reed, Writ of Error.

A Writ of Error from the Exchequer Chamber, wherein a Judgement given in the Court of King's Bench was affirmed, was, in the usual Manner, brought up, in which Writ of Error,

Thomas Hall is Plaintiff, against William Reed Defendant.

Wight & al. against Stewart.

Whereas this Day is appointed, for the further Hearing of the Cause wherein Andrew Wight and others are Appellants, and Rachael Stewart is Respondent.

It is Ordered, That the further Hearing of the said Cause be put off to Monday next, and the Cause appointed for that Day be put off to the Wednesday following.

Adjourn.

Gulielmus Lee Miles, Capitalis Justiciarius Bancs Regu, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quintum diem instantis Januarn, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestriens
Epus. Landavens.
Epus Bath & Wells.
Epus Lincoln.
Epus. Asaphen.
Epus. Meneven.
Epus. Exon.
Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Cloveland.
Comes Northampton.
Comes Cardigan.
Comes Rochford.
Comes Rothes.
Comes Moray.
Comes Home
Comes Lauderdale.
Comes Leven
Comes Aberdeen.
Comes Oxford
Comes Harborough.
Comes Fitzwalter.
Comes Brooke
Comes Fitzwilliam.
Ds. Hay.
Ds Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Lords take the Oath.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

William Duke of Cleveland.

Martin Lord Bishop of Gloucester.

Richard Lord Willoughby de Broke, and, Stephen Lord Ilchester.

Dickson enter into Recognizance for Dickson.

The House being moved, "That John Dickson Esquire may be permitted to enter into a Recognizance for David Dickson Gentleman, on account of his Appeal depending in this House, he being in Scotland"

It is Ordered, That the said John Dickson may enter into a Recognizance for the said Appellant, as desired.

Respondent to Scott a Appeal peremptorily to answer.

The House was informed, "That Thomas Fullerton and others, Respondents to the Appeal of John Scott of Brothertoun Esquire, have not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Henry Scrymgcor Writer to the Signet, of the due Service of the said Order, being read.

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.

Vexatious Arrests to prevent, Bill.

A Message was brought from the House of Commons, by Sir Richard Lloyd and others.

With a Bill, intituled, "An Act to revive Two Acts of Parliament, one, made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests," and the other, made in the Fifth Year of His present Majesty's Reign, to explain, amend, and render more effectual, the said Act," to which they desire the Concurrence of this House.

Ld Strange, Leave for a Bill.

Upon reading the Petition of James Smith Stanley Esquire, commonly called Lord Strange, Eldest Son and Heir Apparent of Edward Earl of Derby, praying Leave to bring in a Bill, for confirming to him and his Issue by Lucy Smith his Wife, and to the Husband of their Issue Female, the Surname of Smith, and the Arms of Smith and Heriz, according to a Proviso or Condition contained in an Indenture, dated the 25th June 1741, made by Hugh Smith, late of Weald Hall in the County of Essex Esquire, deceased.

It is Ordered, That Leave be given to bring in a Bill, as desired.

Wight & al. against Stewart.

After hearing Counsel, as well on the 15th and 18th Instant, as this Day, upon the amended Petition and Appeal of Andrew Wight of Ormistoun Linen-draper and Margaret his Wife, late Margaret Shirreff, Charles Cunningham Minister of the Gospel at Trenant and Jean his Wife, late Jean Shirreff, and Charlotte Shtrreff, which said Margaret, Jean, and Charlotte, are Daughters and Executors of Charles Shirreff late of Preston Pans Merchant, deceased, William Turnhull Merchant and Helen his Wife, late Helen Shirreff, another Daughter of the said Charles Shirreff, Grissel Shirreff another Daughter of the said Charles Shirreff, Hay otherwise Shirreff, Widow and Relict of the said Charles Shirreff, and the Tutors and Curators of the said Margaret, Jean, Grissel, and Charlotte, and Gilbert Hay, Cautioner for the said Charles Shirreff, de Judicio sisti et Judicatum solvt, complaining of Three Interlocutors of the Court of Admiralty in Scotland, of the 5th Day of January 1738/9, the 8th Day of June 1739, and the 6th Day of May 1740, and also of Three Interlocutors of the Lord Ordinary, of the 8th Day of July 1741, the 4th and 22d Days of November 1743, and of an Interlocutor of the Lords of Session, of the 5th Day of January 1744/5, whereby they adhered to the Lord Ordinary's Interlocutor of the 4th of November 1743, and likewise of another Interlocutor of the said Lords, of the 19th of the same January, adhering to then former Interlocutor, made on the Behalf of Rachael Stewart, Daughter and Executrix of Patrick Stewart late of Edinburgh Merchant, deceased, who was Executor-Creditor of Daniel Straton late of Rochelle in France, Factor and Merchant, deceased, and praying, "That the same might be reversed, and that the Appellants might have such Relief as to this House in then great Wisdom should seem meet" As also upon the Answer of the said Rachael Stewart put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House, and that the said Interlocutors therein complained of be, and the same are hereby, affirmed And it is further Ordered, That the said (fn. 1) Appellants do pay, or cause to be paid, to the said Respondent, the Sum of Eighty Pounds, for her Costs in respect of the said Appeal.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus Roffen
Epus Glocestriens.
Epus Cicestriens.
Epus Lincoln.
Epus Asaphen.
Epus Meneven.
Epus Exon.
Ds Hardwicke, Cancellarius.
Dux Beaufort.
Dux Argyll.
Comes Pembroke
Comes Northampter
Comes Warwick
Comes Westmorland
Comes Rochford
Comes Marton
Comes Moray
Comes Loudoun.
Comes Leven
Comes Oxford
Comes Halifax
Comes Harborough.
Comes Pomfret
Comes Fitzwalter
Comes Brooke
Comes Fitzwilliam
Ds Strange.
Ds Ward
Ds Romney
Ds Ducie.
Ds. Raymond.
Ds Ilchester
Ds Fdgecumbe.
Ds Sandys

PRAYERS.

Lords take the Oaths.

The Lords following tools the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Charles Duke of Beaufort.

John Earl of Westmorland, and,

John Lord Ward

Garden against Rigg.

After hearing Counsel in Part, upon the Petition and Appeal of Alexander Garden Esquire, complaining of several Interlocutors of the Lords of Session in Scotland, to which Thomas Rigg Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum octavum diem instantis Januarii, hora decimum Auroræ, Dominis sic decernentibus.

DIE Jovis, 28o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor
Epus Roffen
Epus Cicestriens
Epus Asaphen
Epus Meneven.
Epus Carliol.
Epus Petriburg.
Ds Hardwicke, Cancellatius.
Dux Dorset, Præses
Comes Gower, C P S
Dux Argyll
Dux Newcastle.
Comes Northampton.
Comes Warwick
Comes Morton
Comes Moray
Comes Home
Comes Lauderdale
Comes Findlater
Comes Leven
Comes Harborough.
Comes Pomfret
Comes Fitzwilliam.
Ds Ward
Ds Sandys
Ds Ravensworth.

PRAYERS.

E. Findlater takes the Oaths.

James Earl of Findlater and Scafield took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Byng's Petition referred to Judges.

Upon reading the Petition of Elizabeth Byng Widow, on Behalf of herself, and of George, Robert, and John, her Infant Children, praying Leave to bring in a Bill for Sale of the Manor of Ilcld, in the County of Hertford, and divers Messuages, Farms, Lands, and Tenements, particularly described in an Indenture of the 2d of April 1737, whereby the same is conveyed to the late Viscount Torrington, in order that the Money arising by the said Sale may be distributed to the Petitioner's Children, and for other Purposes therem mentioned.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr Baron Clive and Mr Baron Legge, with the usual Directions, according to the Standing Order.

Garden against Rigg.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Alexander Garden of Troup Esquire, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 26th of November 1743, and also of another Interlocutor of the same Lords, of the 7th of December following, adhering thereunto, and likewise of another Interlocutor of the said Lords, of the 6th of January 1746/7, and also of their Interlocutor of the 11th of February following, whereby they adhered to their last Interlocutor, made on the Behalf of Thomas Rigg Esquire, Advocate in Edinburgh, and praying, "That the same might be reversed, and that this House would give the Appellant such Relief as then Lordships in their great Wisdom should think fit" As also upon the Answer of the said Thomas Rigg put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the 6th of January 1746/7, whereby the Lords of Session found, "That no Action lies on those Bills which have lain over so long a Time without Demand, unless supported by the Respondent's Oath upon the Verity of his Subscription to the Acceptance," be reversed, and that the Interlocutor of the same Lords, of the 11th of February following, so far as the same adheres to then said last mentioned Interlocutor, be also reversed And it appearing that the said Bills are not of a commercial Nature, nor proper Bills of Exchange, it is further Ordered and Adjudged, That the Interlocutor of the Lord Ordinary, of the 13th of December 1743, be affirmed And it is likewise Ordered and Adjudged, That the other Interlocutors, or such Parts thereof as are complained of in the said Appeal, be, and the same are hereby, affirmed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Ebor.
Epus. Roffen.
Epus. Glocestriens.
Epus. Bristol.
Epus. Cicestriens.
Epus. Asaphen.
Epus. Meneven.
Epus. Carliol.
Ds. Hardwicke, Cancellarius.
Comes Harborough.
Ds Ward.

PRAYERS.

Then, 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 & in diem Martis, secundum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin Appellant.