House of Lords Journal Volume 27
November 1749

Sponsor

History of Parliament Trust

Publication

Year published

1767-1830

Pages

373-380

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'House of Lords Journal Volume 27: November 1749', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 373-380. URL: http://british-history.ac.uk/report.aspx?compid=114300 Date accessed: 02 September 2014.


Highlight

(Min 3 characters)

November 1749

Anno 23o Georgii Secundi.

DIE Jovis, 16o Novembers, 1749.

DIE Jovis, 16o Novembers, 1749, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fider Defensoris, &c Vicesimo-tertio, in quem Diem hæc Tertia Sessio Parliament, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt.

REX.

Fredericus Princeps Walliæ.

Arch Cant.
Arch. Ebor.
Epus Roffen.
Epus Litch & Cov.
Epus. Bristol.
Epus Cicestriens
Epus. Bath. & Wells.
Epus. Meneven.
Epus. Bangor.
Epus. Asaphen.
Dux Cumberland.
Ds. Hardwicke, Cancellarius
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Marlborough, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Devon.
Dux Argyll.
Dux Newcastle
Comes Pembroke.
Comes Warwick.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Radnor.
Comes Jersey.
Comes Rothes.
Comes Home.
Comes Loudoun.
Comes Leven
Comes Strafford.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Macclesfield.
Comes Graham
Comes Waldegrave.
Comes Ashburnham.
Comes Effingham.
Comes Leicester.
Comes Brooke.
Comes Bucks.
Comes Powis.
Viscount Falmouth
Viscount Torrington.
Ds Delawarr.
Ds. Willoughby Br.
Ds Willoughby Par.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Bathurst
Ds Onslow.
Ds. Cadogan
Ds Raymond.
Ds Montfort.
Ds. Chedworth.

The King present.

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places, the Lords being also in their Robes, the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker.

His Majesty spake as follows.

His Majesty's Speech.

"My Lords, and Gentlemen,

"It is with particular Pleasure that I now meet you in Parliament, at a Time when the complete Reestablishment of a General Peace has restored to My People the Blessings of Quiet and Tranquillity. The good Effects resulting from hence do already appear, in the flourishing Condition of our Commerce, and the Rise of the Public Credit, which naturally lay the surest Foundations of an Increase of Strength, and of lasting Prosperity to My Kingdoms. I have not failed this Summer to make Use of every Opportunity of cementing and securing the Peace; and it is My firm Resolution to do every Thing in My Power for the Preservation of it, and religrously to adhere to the Engagements I have entered into.

"I have the Satisfaction to acquaint you, that I have found all the Contracting Powers in the Definitive Treaty of Aix la Chapelle, as well as the rest of My Allies, in the same good Disposition, and have no Reason to doubt of their Concurrence in the same desirable End It is unnecessary for Me to tell you, that nothing can contribute so much to the Continuance and Improvement of this happy Situation of Affairs, as the effectual supporting of that Weight and Influence which properly belong to the Crown of Great Britain.

"Gentlemen of the House of Commons,

"I have ordered the proper Officers to prepare and lay before you the Estimates for the Service of the ensuing Year I desire such Supplies only as shall be found necessary for the Security and Welfare of the Nation And, in that View, I must earnestly recommend to you the maintaining of My Fleet in its full Strength, and that you would be watchful to improve any Opportunity of putting the National Debt in a Method of being reduced, with a strict Regard to public Faith and private Property.

"My Lords, and Gentlemen,

"I have nothing to desire of you, but that you would, with Unanimity and Dispatch, pursue such Measures as may be most conducive to your own real and lasting Interest. Whatever good Laws you shall propose, for the Advancement of our Trade and Navigation, and for encouraging a Spirit of Industry in all Parts of the Kingdom, will be extremely acceptable to Me, and you may rest assured, that I shall always look upon the true Greatness of My Grown and the Stability of My Government as inseparably united with the Happiness and Prosperity of My People"

The Speech being ended, His Majesty was pleased to retire, and the Commons withdrew.

PRAYERS.

E of Sussex takes his Seat.

George Augustus Earl of Sussex sat first in Parliament, after the Death of his Father, having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Select Vestries regulating, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries"

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk.

Order for an Address.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"To congratulate His Majesty on the complete Re-establishment of the public Tranquillity, and the good Effects resulting from thence to these Kingdoms, which this House is deeply sensible are, under the Divine Protection, owing to His Royal Care and Vigilance for the Good of His People.

"To thank His Majesty for improving every Opportunity to cement and secure the Peace, and to declare our Satisfaction in His Majesty's having found the same good Disposition in the other Powers.

"To assure His Majesty of the hearty and zealous Support and Concurrence of this House, in all such Measures as shall be most conducive to the Continuance of the Peace and the Maintenance of the just Weight and Influence of the Crown of Great Britain

"Thankfully to acknowledge His Majesty's gracious Concern for the Trade and Navigation of His Subjects, and for promoting a Sprit of Industry amongst them, and that this House will readily concur in all proper Means for these Purposes.

"To give His Majesty the strongest Assurances, that this House considers the true Greatness of His Crown and the Stability of His Government as being, under God, the solid Foundation of the Felicity of His People, which can never be happy but in the Preservation of His Sacred Person, and the Security of the Protestant Succession in His Royal Family, which this House is determined always to maintain"

Then the Lords following were appointed a Committee, to draw an Address, pursuant to the said Order, and report to the House, (videlicet,)

Ld President
Ld Steward
D St Albans
D Bedford
D Argyll
D Newcastle
E Warwick
E Sandwich
E Carlisle
E Leven
E Sussex.
E Cowper
L Abp. Cant
L Abp York
L Bp Rochester
L B Bristol
L B St Asaph
L. Delawarr.
L Willoughby Par.
L Berkeley
L Bathurst
L Onslow
L Cadogan.
L Montfort.

Their Lordships, or any Five of them, to meet immediately, in the Prince's Lodgings near the House of Peers, and to adjourn as they please.

The House was adjourned during Pleasure, and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

Address reported.

And the Earl Waldegrave reported from the said Committee, "That they had prepared an Address, pursuant to the foregoing Order"

And the same, being read by the Clerk, was agreed to by the House, and is as follows, (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.

"The good Effects resulting to Your Kingdoms from the complete Re-establishment of the general Tranquillity, which are so sensibly felt in our Commerce and public Credit, are the most interesting Subject of our Congratulations to Your Majesty. But we should fall short of those Sentiments which we feel in our Breasts on this Occasion, if we did not at the same Time gratefully acknowledge, that, under the Divine Protection, these Blessings are owing to Your Royal Care and Vigilance for the Good of Your People.

"The same gracious Concern for our Welfare, and for the Repose of Europe, has induced Your Majesty to improve every Opportunity to cement and secure that Peace which has been so lately restored to us; and it gives us great Satisfaction to be informed that this good Disposition has been shewn by all the Contracting Powers in the Definitive Treaty of Aix la Chapelle, and by the rest of Your Majesty's Allies.

"Your Majesty's wife Admonition, confirmed by past Experience, convinces us that the effectual maintaining of that Weight and Influence which properly belong to the Crown of Great Britain is essential to the Duration and Improvement of this happy Situation Our Interest, therefore, as well as our Duty, obliges us unseignedly to assure Your Majesty of our hearty and zealous Concurrence and Support in all such Measures as shall be most conducive to this great End, as well as to the Preservation of the Peace.

"To keep up the Naval Force of this Kingdom in full Vigour, to protect and advance its Trade and Navigation, to encourage and extend a Spirit of Industry in the Nation, are Objects truly becoming Your Royal Wisdom, and your Majesty's Perseverance in the Pursuit of them will always secure to you the Hearts and Affections of Your Subjects Your Majesty could not have given a more acceptable Proof of Your fixed Attention to their Welfare, than by recommending these Considerations with so much Earnestness to Your Parliament. The least Return we can make for so much Goodness is, to promise Your Majesty, on our Part, the most ready Assistance and Concurrence in effectuating the proper Means for these salutary Purposes.

"Permit us, from the Bottom of our Hearts, to give Your Majesty the strongest Assurances, that we consider the true Greatness of Your Crown and the Stability of Your Government as being, under God, the solid Foundation of the Felicity of Your People From this Principle we will never depart, nothing being more certain, than that these Kingdoms can never be happy, but in the Preservation of Your Sacred Person, and the Security of the Protestant Succession in Your Royal Family, which we are determined always to defend and maintain"

Ordered, That the said Address be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be graciously pleased to appoint to be attended therewith.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Ld. Chancellor
Ld President.
Ld Privy Seal.
Ld Stewarl
Ld Chamberlain.
D Richmond
D St Albans
D. Bedford.
D Devon.
D Argyll
D Newcastle
E. Pembroke.
E Warwick
E Sandwich
E Cardigan
E Carlisle
E Radnor.
E Jersey
E. Rothes.
E Strafford
E Halifax
E Sussex
E Cowper
E Macclesfield.
E Graham
E Waldegrave
E Ashburnham
E. Effingham.
E Bucks
E Powis
V. Falmouth
V. Torrington
L Abp Cant.
L Abp York
L Bp Rochester
L B Litch. & Cov.
L B Bristol
L B Chichester.
L. B Bath & Wells
L B St Davids
L. B Bangor.
L B St Asaph
L Delawarr
L Willoughby Br.
L Willoughby Par.
L Berkeley
L Cornwallis.
L Bathurst.
L. Onslow
L Cadogan.
L Raymond
L. Montfort
L. Chedworth.

Their Lordships, or any Seven of them, to meet on Monday next, at Ten o'Clock in the Forenoon, in the House of Peers, and every Monday after, and to adjourn as they please.

Committee for the Journal.

Lords Sub committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of Great Britain and Lords of Parliament, and to peruse and perfect the Journal of this and former Sessions of Parliament.

Ld President.
Ld Steward
D Richmond
D Bedford
D Devon.
D Argyll
E Pembroke.
E Warwick
E Sandwich
E Carlisle
E Strafford.
E Halifax.
E. Sussex.
E Cowper
E Macclesfield.
E Powis
V. Falmouth
L Abp. Cant.
L Abp York
L Bp Rochester
L B St Davids.
L B Bangor.
L B. St. Asaph.
L Delawarr
L Willoughby Par.
L Berkeley.
L Cornwallis.
L Bathurst.
L Onslow.
L Cadogan.
L. Raymond.
L Montfort.
L Chedworth.

Their Lordships, or any Three of them, to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages between Charing Cross and The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Stewand of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament, and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament, and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them, residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 17o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Cicestriens.
Epus Bath & Wells.
Epus. Meneven.
Epus Petriburg.
Epus. Bangor.
Ds. Hardwicke, Cancellarius
Dux Marlborough, Senescallus.
Ds. Willoughby Par.

PRAYERS.

His Majesty to be attended with Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with their Lordships Address, and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of St. James's"

Carter & al. against Whitaker, in Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein,

Robert Carter and others are Plaintiffs, against William Whitaker Esquire Defendant.

Adjourn.

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

DIE Mercurii, 22o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen. Ds. Hardwicke, Cancellarius Ds Willoughby Par.

PRAYERS.

The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address, to which His Majesty was pleased to return the following most Gracious Answer, (videlicet,)

His Majesty's Answer to Address.

"My Lords,

"The Assurances you give Me, in this dutiful and affectionate Address, are such as deserve My most hearty Thanks The Sentiments which you express concerning the present Situation of Affairs are extremely agreeable to Me, and cannot fail to give great Satisfaction both at Home and Abroad"

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Petitions for private Bills, Time limited.

Ordered, That no Petition for a Private Bill shall be received by this House, after Monday the 29th Day of January next, during this Session of Parliament.

Respondents to D. Hamilton's Appeal peremptorily to answer.

The House was informed, "That Thomas Earl of Haddington and others, Respondents to the Appeal of James Duke of Hamilton and Brandon and others, 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 Matthew Brown Writer in Edinburgh, of the due Service of the said Order, being read.

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

Scot against L Napier & al.

Whereas this Day was appointed, for hearing the Cause wherein Francis Scot is Appellant, and Francis Lord Napier and others are Respondents.

Ordered, That the Hearing of the said Cause be put off to Monday next, and the other Causes removed in Course.

Adjourn.

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

DIE Lunæ, 27o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor
Epus Roffen
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Meneven
Epus Bangor.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Argyll
Dux Newcastle.
Comes Wirchilsea
Comes Home
Comes Loudoun.
Comes Leven
Comes Graham
Comes Fitzwilliam.
Ds. Willoughby Par.
Ds. Edgecumbe

PRAYERS.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended"

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Return of the said Commissioners, with the Accounts of prohibited East India Goods and Naval Stores imported, from Michaelmas 1748, to Michaelmas 1749, and also an Account of prohibited East India Goods delivered out of the Warehouses, to be glazed, refreshed, &c for the same Time"

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk, and are as follow, (videlicet,)

"No 1 An Account of prohibited East India Goods remaining in the East India Warehouses at St Hellens, &c in the Port of London, from Michaelmas 1748, what have been since brought in, what exported, as also what remained at Michaelmas 1749"

"No 2 An Account of prohibited East India Goods remaining in the East India Warehouses at Leadenhall and Fen Church Street, in the Port of London, at Michaelmas 1748, what have been since brought in, what exported, as also what remained at Michaelmas 1749."

"No 3 An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1748, what have been since brought in, what exported, as also what remained at Michaelmas 1749."

"No 4 An Account of East India Goods, prohibited to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports, at Michaelmas 1748, what have been since brought in, what exported, as also what remained at Michaelmas 1749"

"No 5 An Account of prohibited East India Goods which have been delivered out of the Warehouses at St Hellens, Fen Church Street, Leadenhall Street, and Custom-house, in the Port of London, from Michaelmas 1748, in order to be dyed, glazed, &c, what has been returned, and what remained out of the said Warehouses at Michaelmas 1749."

"No 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1748, to Michaelmas 1749."

"No 7 An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1748, to Michaelmas 1749"

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

Baynes & al. against E Sutherland.

Upon reading the Petition and Appeal of Walter Baynes Esquire and Penelope his Wife, and George Morrison Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 21st of June 1749, made on the Behalf of William Earl of Sutherland; and praying, "That the same may be reversed, and that the Appellants may obtain such Relief as to this House shall seem meet"

It is Ordered, That the said Earl of Sutherland may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 25th Day of December next; and that Service of this Order for that Purpose on his Procurator or Agent be deemed good Service.

Guthrie against Murray.

Upon reading the Petition and Appeal of Patrick Guthrie Esquire, Son to the deceased David Guthrie of Carsebank in the County of Angus in Scotland, complaining of his being aggrieved by an Interlocutor of the Lord Ordinary, of the 14th of June 1744, and also by Two Interlocutors of the Lords of Session, of the 24th and 26th of the same Month, and likewise of being particularly aggreved by Three other Interlocutors of the same Lords, of the 3d, 4th, and 5th Days of July, in the same Year, made on the Behalf of Charles Murray, and praying, "That the said Interlocutors may be reversed, and such Relief given to the Appellant as to this House shall seem just"

It is Ordered, That the said Charles Murray may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Monday the 25th Day of December next, and that Service of this Order on the known Agents or Solicitors of the said Respondent in the Court of Session in Scotland be deemed good Service.

Committees of the E of Bradford, Pet. referred to Judges.

Upon reading the Petition of Sir Orlando Bridgeman Baronet and Lady Anne Bridgeman his Wife, and Diana Countess Dowager of Mountrath, Committees of the Person and Estate of Thomas Earl of Bradford, a Lunatick, praying Leave to bring in a Bill, to enable the Petitioners to lay out and apply any Part of the said Earl's Personal Estate, under their Care, in the Purchase of Lands and Hereditaments, with the Approbation of the Court of Chancery, upon Trust for the said Earl and his Heirs, in case he shall hereafter be of sane Mind, but if he shall die during his Lunacy, then in Trust for such Persons as shall, at the Time of his Death, be entitled to his Personal Estate.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, 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 Clive, 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.

Fitzgerald & Ux to amend their Appeal.

Upon reading the Petition of Robert Fitzgerald Esquire and Lucy his Wife, late Lucy Leslie, an Infant under the Age of Twenty-one Years, setting forth, That the Petitioners, in the last Session of Parliament, brought an Appeal from a Decree, Report, and Order of the Court of Chancery in Ireland, to which the Respondents thereunto have not yet put in any Answer," and praying, "in order to have their Case completely laid before this House, that they may be at Liberty to amend the same, by introducing therein a subsequent Decree, of the 22d of June 1744, with the Proceedings relating thereto, in such Manner as they shall be advised in that Behalf"

It is Ordered, That the Petitioners be at Liberty to amend the said Appeal, as desired.

Respondents to answer Cahill's Appeal.

Upon reading the Petition of John Cahill Esquire, setting forth, "That, by Order of this House last Session, Nicholas Moore and others, Respondents to the Petitioner's amended Appeal, were required to answer within the usual Time," and praying, "In regard the Petitioner is not prepared to offer any Proof of the Service of the said Order, that a new Order may be granted him, for the Respondents (who live in Ireland) to answer the said Appeal"

It is Ordered, That the said Respondents do put in their Answer of respective Answers thereunto, in Writing, on or before Monday the First Day of January next.

Respondents to answer Shanley's Appeal.

Upon reading the Petition of Thomas Shanley Gentleman, setting forth, "That, by order of this House last Session, John Harrison and others, Respondents to the Petitioner's Appeal, were required to answer within the usual Time," and praying, "In regard the Petitioner is not prepared to offer any Proof of the Service of the said Order, that a new Order may be granted him, for the Respondents (who live in Ireland) to answer the said Appeal"

It is Ordered, That the said Respondents do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the First Day of January next.

Scott against L Napier.

After hearing Counsel in Part, upon the amended Petition and Appeal of Francis Scott, to which Francis Lord Napier and others are Respondents.

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 & in diem Martis, vicesimum octavum diem instantis Novembris, hora undecima Auroræ

DIE Martis, 28o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen
Epus Cicestriens
Epus Bangor
Epus Landavens
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Richmond
Dux Argyll.
Dux Newcastle.
Comes Rothes
Comes Loudoun
Comes Leven
Comes Graham
Comes Fitzwilliam
Viscount Falmouth
Ds Willoughby Par.

PRAYERS.

His Majesty's Advocate against Claimants to the late E Kilmairock's Estate.

Upon reading the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, complaining of an Interlocutor and Decree of the Lords of Session in Scotland, of the 27th of July last, made on the Behalf of certain Claimants before the Court of Session, in the Name of James Boyd of Kilmarnock and Callender Esquire, and Mr. Henry Home of Kames Advocate, Mr. William Wallace of Cairnhill Advocate, and Mr Hugh Crawfurd Clerk to the Signet, and Robert Paterson Writer in Kilmornock, Trustees appointed by the said James Boyd, whereby they claimed certain Lands, which sometime belonged to William late Earl of Kilmarnock, attainted, and praying, "That the said Interlocutor and Decree may be reversed, and such other Relief given as to this House in their great Wisdom and Justice shall seem meet"

It is Ordered, That the said Claimants may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 26th Day of December next, and that Service of this Order on any One of the Procurators or Agents of the said Claimants in the Court of Session be deemed good Service.

His Majesty's Advocate against Claimants to the Estate of Ld Pitsligo.

Upon reading the Petition and Appeal of William Grant Esquire, His Majesty's Advocate for Scotland, for His Majesty's Interest, complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of November 1749, made upon a Claim offered before the Court of Session by John Dickie Clerk to the Signet, bearing to be made for and on Behalf or Alexander Lord Forbes of Pitsligo, and praving, "That the same may be altered, reversed, or such other Relief given to His Majesty as to this House in their great Wisdom and Justice shall seem meet"

It is Ordered, That the said John Dickie may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the 26th Day of December next, and that Service of this Order upon any One of the Counsel or Procurators for the said Claimant in the Court of Session be deemed good Service.

Respondents to answer Fitzgerald's Appeal.

Upon reading the Petition of Robert Fitzgerald Esquire and Lucie his Wife, late Lucy Leslie, a Minor, Spinster, setting forth, "That they have amended their Appeal, to which the Reverend James Leslie Clerk, John Blen herasset and Anne his Wife, and others, are Respondents, pursuant to the Order of this House Yesterday, by adding a Decretal Order of the Court of Exchequer in Ireland, of the 22d of July 1744, to the Proceedings of the said Court in the said Appeal complained of," and praying, "That the said Respondents may be required to answer the said Appeal"

It is Ordered, That the said Respondents do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 2d Day of January next, and that Service of this Order on the said Respondents Clerk in Court in Ireland be deemed good Service.

Scott against Ld. Napier & al.

After hearing Counsel further, in the Cause wherein Francis Scott is Appellant, and Francis Lord Napier and others are Respondents.

It is Ordered, That the further hearing of the said Cause be adjourned till To morrow, and that the Counsel be called in at One o'Clock, and that the Cause appointed for that Day be put off to the Friday following.

Winter to enter into Recognizance for Baynes.

The House being moved, "That Forth Winter of the Middle Temple London Gentleman may be permitted to enter into a Recognizance for Walter Baynes Esquire and others, on account of their Appeal depending in this House, the Appellants residing in the County"

It is Ordered, That the said Forth Winter may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercuri, vicesimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 29o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Cicestriens.
Epus Sarum
Epus Meneven.
Epus. Bangor
Epus. Landavens
Ds Hardwicke, Cancellarius
Dux Argyll
Dux Newcastle.
Comes Warwick.
Comes Rothes
Comes Home
Comes Loudoun.
Comes Leven
Comes Graham
Comes Fitzwilliam.
Ds Willoughby Par

PRAYERS.

D of Hamilton & al against E of Hadding on & al.

The Answer of Thomas Earl of Haddington and others, Creditors of James Duke or Hamilton and Brandon, deceased, to the Appeal of James Duke of Hamilton and Brandon and others, was brought in.

Phipps against E. Anglesey & al.

Upon reading the Petition and Appeal of Constantine Phipps Esquire, complaining of an Order of Dismissal of the Court of Exchequer in Ireland, of the 20th Day of June last, made in a Cause wherein the Appellant was Plaintiff, and Richard Earl of Anglesey and others were Defendants, and praying, "That the same may be reversed, and such Order and Decree made for the Appellant's Relief as to this House in their great Wisdom shall seem meet"

It is Ordered, That the said Earl of Anglesey and the other Defendants in the said Cause may have a Copy of the said Appeal, and do put in their Answer of respective Answers thereunto, in Writing, on or before Wednesday the 3d Day of January next, and that Service of this Order on their several or respective Clerks in Court, or Attornies, be deemed good Service.

Davidson against Sinclair & al.

Upon reading the Petition and Appeal of James Davidson Bookseller in Edinburgh, complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of November last, made on the Behalf of Henry Sinclair and Adam Inglis his Factor, George Sinclair Merchant in Wick, Sir John Sinclair of Longformacus, John Sinclair of Longformacus, John Sinclair Writer in Edinburgh, Sir Robert Sinclair of Stevenson, John Lockhart of Castlehill, Mr George Sinclair Advocate, William Sinclair Brother to the said Sir Robert Sinclair, Patrick Sin- clair Writer to the Signet, Sir John Sinclair Lieutenant and Adjutant in Brigadier General O'Farrells Regiment, Isobell, Christian, and Margaret Sinclair, Alexander Melvill Husband to the said Isobell, and William Pearson Shoe-maker in Potterow Husband to the said Christian, and praying, "That the said Interlocutor may be reversed, and such other Relief given to the Appellant as to this House in then great Wisdom and Justice shall seem meet"

It is Ordered, That the several Parties abovenamed may have a Copy or Copies 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 27th Day of December next, and that Service of this Order on any One of the Procurators or Agents of the said Parties in the Court below be deemed sufficient Service.

Sutherland against Gordon.

Upon reading the Petition and Appeal of William Sutherland of Little Torboll, complaining of an Interlocutor of the Lords of Session in Scotland, of the 4th of November 1747, and also of another Interlocutor of the same Lords, of the 3d of Jane 1748, made on the Behalf of Alexander Gordon, and praying, "That the same may be reversed, varied, or altered, and that the Interlocutors of the same Lords, of the 4th of June 1747, and 17th of December following, may be affirmed, and that the Appellant may have such other Relief as to the Wisdom and Justice of this House shall seem meet"

It is Ordered, That the said Alexander Gordon may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 27th Day of December next; and that Service of this Order on any One of his Procurators or Agents in the Court below be deemed good Service.

Scott against Ld Napier & al.

After hearing Counsel, as well on Monday last as Yesterday and this Day, upon the amended Petition and Appeal of Francis Scott Brother German to the deceased John Scott of Davinton, complaining of serveral Interlocutors of the Lords of Session in Scotland, of the 26th of June 1735, 18th November, and 10th and 19th of December following, 9th of January 1736, 16th of February 1737, and 12th July following, 3d July 1739, and 29th November following, 22d and 30th July 1740, also of an Interlocutor of the Lord Ordinary, of the 28th November following, and likewise of several Interlocutors of the same Lords of Session, of the 15th of December 1742, 5th of January 1743, 2d December following, and 18th of January 1744, and likewise of Two Interlocutors of the Lord Ordinary, of the 20th of the same January and 9th of June following, made on the Behalf of Francis Lord Napier, and praying, "That the said Interlocutors might be reversed, and that the Appellant might have such Relief as to this House in their great Wisdom should seem meet" As also upon the Answers of the said Lord Napier, William Grant Esquire His Majesty's Advocate for Scotland, Sir Walter Riddell, Gideon Scott, Walter Scott, Robert Patersen, Charles Balfour, Sir James Nasmyth, James Williamson, and John Adam, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause.

Judgement.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That it appears that, on the 28th of November 1740, the Appellant's Procurator did, before the Lord Ordinary, judicially pass from the Respondent the Lord Napier's Oath, and consented in Court, that the Term for proving and producing might be circumduced against the Appellant conditionally, if he should not prove and produce further betwixt and that Day Eight Days, whereupon, by the Interlocutor of the 29th of the said November (which is not appealed from), the Term was circumduced accordingly It is therefore Ordered, That so much of the said Appeal as complains of the several Interlocutors, relating to the Respondents deponing upon, exhibiting, or producing, any Deeds, Writs, or Instruments of any Kind, be dismissed And it is further Ordered and Adjudged, That the rest of the Interlocutors complained of in and by the said Appeal be affirmed, and the said Appeal dismissed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.