Pages 22-32
Journal of the House of Lords Volume 29, 1756-1760. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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In this section
January 1757
DIE Martis, 11o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Woodley against Barnard.
The Answer of Roger Bernard, Son and Heir of Roger Bernard Esquire, deceased, an Infant, by John Harper Esquire, his Guardian, to the Appeal of Francis Woodley Esquire, was brought in:
Craik against Craik and Stewart.
As was also, the Answer of Grizel Craik, to the Appeal of Jean Craik and John Stewart her Husband.
Lords take the Oaths.
John Earl of Breadalbane and Allen Lord Bathurst took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; their Lordships having first delivered Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.
E. of Harrington takes his Seat.
This Day William Earl of Harrington sat first in Parliament, after the Death of his Father William Earl of Harrington; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Montgomery's Petition referred to Judges.
Upon reading the Petition of Lilias Montgomery of Skelmorly, Eldest Daughter of the now deceased Sir Robert Montgomery of Skelmorly Baronet, Spouse to Alexander Montgomery of Coilsfield, and of the said Alexander Montgomery for his Interest, and of Isabella and Agnes Montgomerys, the Younger Daughters of the said Sir Robert Montgomery; praying Leave to bring in a Bill for Sale of entailed Lands in the County of Renfrew; and for purchasing Lands in the County of Air, to be settled in Lieu thereof:
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 Legge; 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.
Jeffreys et al. Petition referred to Judges.
Upon reading the Petition of Mary Jeffreys, for herself, and on the Behalf, and as Committee of the Estate, of Jeffrey Jeffreys Esquire her Husband, a Lunatick, and also of Thomas Whetham Esquire and Ann his Wife, and Mary Barnardiston Spinster; praying Leave to bring in a Bill to empower the Petitioner Mary Jeffreys, or the Committee of the said Lunatick for the Time being, to make Leases of her Share, or join with the other Petitioners in making Leases of the Whole, of certain Estates in the County of Devon, devised by the Will of Sir William Morrice Baronet, in Manner therein 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 Adams; 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.
Land Tax Bill.
A Message was brought from the House of Commons, by Mr. Charlton and others:
With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and for discharging certain Arrears of Land Taxes incurred before the Time therein mentioned; and for the more effectual collecting of Arrears for the future;" to which they desire the Concurrence of this House.
Durand and Rilliet, Nat. Bill.
A Message was brought from the House of Commons, by Mr. Fellowes and others:
With a Bill, intituled, "An Act for naturalizing John Baptist Durand and Bartholomew Rilliet;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Maitland against Skene et al.:
A Petition of Major Arthur Maitland, Appellant in a Cause depending in this House, wherein Andrew Skene and others are Respondents, was presented, and read; setting forth, "That the Petitioner, being deprived of One of the Counsel who settled his Case, will be under a Necessity of instructing another Counsel;" and therefore praying, "That the Hearing of the said Cause, which is appointed for Thursday next, may be put off till Monday the 24th Instant."
And thereupon the Agents on both Sides were called in, and heard at the Bar.
And the Agent for the Respondents consenting to putting off the said Cause, as desired:
They were directed to withdraw.
Hearing put off.
Ordered, That the Hearing of the said Cause be put off till Monday the 24th Instant, as desired.
Douglas to enter into Recognizance for Ld. Carbery.
The House being moved, "That Thomas Douglass Gentleman may be permitted to enter into Recognizances for George Lord Baron of Carbery, on account of his Two Appeals depending in this House; he residing in Ireland:"
It is Ordered, That the said Thomas Douglass may enter into Recognizances for the said Appellant, as desired.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 13o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
His Majesty's Advocate against Dutchess of Gordon.
The Answer of Henrietta Dutchess Dowager of Gordon, to the Appeal of His Majesty's Advocate on Behalf of His Majesty, was brought in:
His Majesty's Advocate against Forbes.
As was also, the Answer of John Forbes Esquire, Claimant on the forfeited Estate of Pitsligo, to the Appeal of His Majesty's Advocate on Behalf of His Majesty.
Land Tax Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and for discharging certain Arrears of Land Taxes incurred before the Time therein mentioned; and for the more effectual collecting of Arrears for the future."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Durand and Rilliet's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist Durand and Bartholomew Rilliet."
Ordered, That the said Bill be committed to the Consideration of the Lords following; videlicet,
Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Falwasser's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Powney and others:
With a Bill, intituled, "An Act for naturalizing John Frederick Falwasser;" to which they desire the Concurrence of this House.
Collier to take the Name of Barnard, Bill.
A Message was brought from the House of Commons, by Mr. Fellowes and others:
With a Bill, intituled, "An Act to enable the Reverned Thomas Collier Clerk, and his Issue, to take and use the Surname of Barnard;" to which they desire the Concurrence of this House.
The said Two Bills were read the First Time.
Cramer to take the Name of Coghill, Bill.
A Message was brought from the House of Commons, by Mr. Olmius and others:
To return the Bill, intituled, "An Act to enable Oliver Cramer Esquire, and the Heirs of his Body, to take and use the Surname of Coghill, pursuant to the Will of Marmaduke Coghill Esquire, deceased, and to bear the Family Arms of Goghill;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Woodley against Cue et al.
The House being moved, "That Wednesday the 9th Day of February next may be appointed, for hearing the Cause wherein Francis Woodley Esquire is Appellant, and John Cue and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 9th Day of February next, as desired.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Durand et al. Nat. Bill.
The Earl of Fauconberg reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Baptist Durand and Bartholomew Rilliet," 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."
Falwasser's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Frederick Falwasser."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Collier to take the Name of Barnard, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Reverend Thomas Collier Clerk, and his Issue, to take and use the Surname of Barnard."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Craik against Craik and Stewart.
Upon reading the Petition and Cross Appeal of Grizell Craik, only Child of the deceased Adam Craik of Duchrae; complaining of Two Interlocutors of the Lords (fn. 1) of Session in Scotland, of the 19th of November 1755, and 25th of February 1756, in so far as the Provision claimed by her is limited to One Thousand Five Hundred Pounds, bearing Interest; and praying, "That their Lordships will find her entitled to the further Sum of One Thousand Pounds Sterling, with Interest thereof, or give her such other Relief as to their Lordships shall seem meet; and that Jean Craik and John Steward of Castle Stewart Esquire her Husband may be required to answer the said Appeal:"
It is Ordered, That the said Jean Craik and John Stewart may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 11th Day of February next; and Service of this Order upon any One of their Counsel, Agents, or Attornies, shall be deemed good Service.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and for discharging certain Arrears of Land Taxes, incurred before the Time therein mentioned; and for the more effectual collecting of Arrears for the future."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Malt Bill:
A Message was brought from the House of Commons, by Mr. Charlton and others:
With a Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and concerning the Interest to be paid for Monies to be borrowed, as well on the Credit of this Act, as on the Credit of an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
His Majesty's Advocate against Edwards.
The Answer of John Edwards of Solsgirth, to the Appeal of His Majesty's Advocate for Scotland on Behalf of His Majesty, was brought in:
Moneypenny against Ayton.
As also, the Answer of Thomas Ayton formerly the Second now the Eldest Son in Life of the deceased John Ayton Elder of Kircaldie and Kippo, to the Appeal of Mary Monnypenny and others:
E. of Crawfurd against Glasfurd et al.
And also, the Answer of James Glasfurd and John Ure, to the Appeal of the Earl of Crawfurd and Hew Crawfurd of Calderhaugh Writer in Edinburgh.
Adjourn.
Ds. Sandys, declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum septimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Collier to take the Name of Barnard, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Reverend Thomas Collier Clerk, and his Issue, to take and use the Surname of Barnard," 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."
Falwasser's Nat. Bill.
The Earl of Warwick also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Frederick Falwasser," 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."
Land Tax Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and for discharging certain Arrears of Land Taxes incurred before the Time therein mentioned; and for the more effectual collecting of Arrears for the future."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Durand et al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist Durand and Bartholomew Rilliet."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Spicer and Mr. Lane:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and concerning the Interest to be paid for Monies to be borrowed, as well on the Credit of this Act, as on the Credit of an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 18o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. of Shannon et al. against the Countess of Kildare et. al.
The joint and several Answer of Mary Countess of Kildare, Benjamin Boyle, Edward Lord Bishop of Elphin, Charles Lord Archbishop of Dublin, Charles Savage, Stephen Fitzgerald, Bartholomew, William, Gilbert, and Thomas Fitzgerald, Martha Purefoy, and William Purefoy, Barbara Aylward, Ignatius Kelly, and Robert Roberts, to the Appeal of Henry Earl of Shannon and others, was brought in:
As was also, the Answer of Daniel Falkiner Esquire, to the same Appeal:
Countess of Kildare against Falkiner et al.
And also, the Answer of the said Daniel Falkiner, to the Appeal of Mary Countess of Kildare and others.
Collier to take the Name of Barnard, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Reverend Thomas Collier Clerk, and his Issue, to take and use the Surname of Barnard."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Falwasser's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Frederick Falwasser."
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 the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Spicer and Mr. Montague:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Malt Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and concerning the Interest to be paid for Monies to be borrowed, as well on the Credit of this Act, as on the Credit of an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax."
After some Time, the House was resumed.
And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Ds. Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Januarii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Arch. Ebor. Epus. Duresm. Epus. Bath. & Wells. Epus. Lincoln. Epus. Norvicen. Epus. Litch. & Cov. Epus. Cestrien. Epus. Glocestr. Epus. Meneven. Epus. Landaven. Epus. Bangor. |
Comes Gower, C. P. S. Dux Devonshire. Dux Marlborough. Dux Manchester. Dux Dorset. Comes Warwick. Comes Winchilsea. Comes Shaftesbury. Comes Litchfield. Comes Rochford. Comes (fn. 2)Home. Comes Lauderdale. Comes Breadalbane. Comes Marchmont. Comes Dartmouth. Comes Harrington. Comes Temple. Comes Darlington. |
Ds. Willoughby Par. Ds. Berkeley Str. Ds. Romney. Ds. Cadogan. Ds. Montfort. Ds. Sandys. Ds. Anson. |
PRAYERS.
Malt Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, and granting to His Majesty, certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and concerning the Interest to be paid for Monies to be borrowed, as well on the Credit of this Act, as on the Credit of an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax."
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. Spicer and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present.
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker;
He, after a short Introduction in relation to the Money Bills to be passed, delivered them to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of these and the other Bills to be passed, as follow, videlicet,
Bills passed.
"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and for discharging certain Arrears of Land Taxes incurred before the Time therein mentioned; and for the more effectual collecting of Arrears for the future."
"2. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Fifty-seven; and concerning the Interest to be paid for Monies to be borrowed, as well on the Credit of this Act, as on the Credit of an Act of this Session of Parliament, for granting an Aid to His Majesty by a Land Tax."
To these Bills the Royal Assent was severally pronounced, by the Clerk Assistant, in these Words:
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
"3. An Act to enable Oliver Cramer Esquire and the Heirs of his Body to take and use the Surname of Coghill, pursuant to the Will of Marmaduke Coghill Esquire, deceased; and to bear the Family Arms of Coghill."
"4. An Act to enable the Reverend Thomas Collier Clerk and his Issue to take and use the Surname of Barnard."
"5. An Act for naturalizing John Baptist Durand and Bartholomew Rilliet."
"6. An Act for naturalizing John Frederick Falwasser."
To these Bills the Royal Assent was severally pronounced, by the Clerk Assistant, in these Words;
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Prior's Hardwick Common, to enclose, Bill.
A Message was brought from the House of Commons, by Sir Charles Mordaunt and others:
With a Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Greens, in the Manor and Parish of Prior's Hardwick, in the County of Warwick;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 21o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Whitgift Pasture, to enclose, Bill.
A Message was brought from the House of Commons, by Sir Conyers Darcy and others:
With a Bill, intituled, "An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgift Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgift aforesaid;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Prior's Hardwick Common, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Greens, in the Manor and Parish of Prior's Hardwick, in the County of Warwick."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
L. Trevor's Pet. referred to Judges.
Upon reading the Petition of the Right Honourable John Lord Trevor, Robert Hampden Esquire lately called Robert Trevor, and Richard Lord Bishop of Durham; praying Leave to bring in a Bill, for applying the Sum of Eight Thousand Eight Hundred Pounds, agreed by Thomas late Lord Trevor to be laid out in the Purchase of Lands, for the Purposes therein mentioned, towards disencumbering his Estate at Bromham, in the County of Bedford:"
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 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.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 24o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Whitgift Pasture, to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing a certain Piece of Pasture Ground, called Whitgift Pasture, in the County of York; and for giving a Compensation, in Lieu of Tithes, to the Impropriator of the Rectory of Whitgift aforesaid."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
E. of Shannon & al. against Burton & al.
The House being moved, "That the Cause upon the Appeal of Henry Earl of Shannon and others, to which Robert Burton Esquire and others, and Mary Countess of Kildare and others, are Respondents, may be appointed to be heard at the same Time with the Cause upon the Appeal of the said Countess of Kildare and others:"
Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 14th Day of February next; together with the said Appeal of the said Countess of Kildare and others.
Respondents peremptorily to answer Wilson's Appeal.
The House was informed, "That Robert Burnton and James Chalmer, Respondents to the Appeal of John Wilson and Richard Swainston, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of Hugh Fraser, of the due Service of the said Order, being read:
It is Ordered, That the said Respondents do put in their Answer to the said Appeal, peremptorily, in a Week.
Maitland against Skene & al.
After hearing Counsel in Part, in the Cause wherein Major Arthur Maitland is Appellant, and Andrew Skene and others are Respondents:
It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque at et in diem Martis, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Maitland against Skene & al.:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Major Arthur Maitland of Pittrichie; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 31st of July and 7th of August 1755; and of Two Interlocutors of the Lords of Session, of the 5th of December 1755, and 25th of February 1756; made on the Behalf of Andrew Skene of Dyce Esquire, Doctor Adam Austin Physician in Edinburgh, Alexander Bannerman Merchant in Aberdeen, and John Laing of Burnfoot, Creditors of Mr. Charles Maitland; and praying, "That the said Interlocutors might be reversed, varied, or altered; and that this House would give the Appellant such other Relief in the Premises as to their Lordships in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said Andrew Skene, Doctor Adam Austin, Alexander Bannerman, and John Laing, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed.
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 the said Interlocutors therein complained of be, and the same are hereby, affirmed.
Croker, Leave to appeal, though out of Time.
Upon reading the Petition of Edward Croker Esquire, and Henry Croker Esquire his Son; setting forth, "That the Petitioner Henry Croker gave Directions, in October last, to his Agent here, to prepare his Appeal from a Decree of the Court of Exchequer in Ireland, and came to England in order to prosecute the same; but that, his Agent in Ireland dying since the Petitioner came to England, the Petitioner was prevented by that Accident from receiving the necessary Informations and Instructions for his Counsel till the Middle of the last Month, when he laid the same before Counsel; but, the Proceedings in the Court below being extremely long, and many Difficulties arising, his Counsel did not complete the Draught of the said Appeal till Tuesday last;" and praying, "In regard the Delay in presenting the said Appeal is not affected, but owing to inevitable Accidents, that their Lordships will be pleased to receive the same, though not presented within the Time limited by their Lordships Standing Order:"
It is Ordered, That the said Appeal be received, as desired.
Croker against Napper.
Upon reading the Petition and Appeal of Edward Croker Esquire, and of Henry Croker Esquire his Son; complaining of a Decree of the Court of Exchequer in Ireland, of the 10th Day of December 1754;" and praying, "That the same may be reversed or varied; and that the Appellants may have such Relief in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that John Napper, John Croker Son of John Croker deceased, John Croker Son of the Appellant Edward Croker, James Casey, Thomas Latchford, Thomas Beamish, and Benjamin Swete, may be required to answer the said Appeal:"
It is Ordered, That the said John Napper, John Croker Son of John Croker deceased, John Croker Son of the Appellant Edward Croker, James Casey, Thomas Latchford, Thomas Beamish, and Benjamin Swete, 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 First Day of March next; and Service of this Order upon their respective Six Clerks or Agents shall be deemed good Service.
Barton Stacy, Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Banks and others:
With a Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Award, for dividing and enclosing the Common Fields, Common Downs, Meadows, and Pastures, within the Manor of Barton Stacy, in the Parish of Barton Stacy, in the County of Southampton;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 26o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sutherland & al Magistrates of Kirkwall against Graham & al.
The Answer of Alexander Graham and others, Inhabitants of the Village of Stromness, to the Appeal of Doctor Hugh Sutherland Treasurer of the Borough of Kirkwall and the Magistrates of the said Borough, with Concurrence of the Agent for the Royal Boroughs, for their Interest, was brought in.
Blackwood against Allan.
As was also, the Answer of Henry Allan Writer in Edinburgh, to the Appeal of Robert Blackwood of Pittrevie Advocate.
Corn, &c. imported, Duties to discontinue, Bill.
A Message was brought from the House of Commons, by Mr. Nugent and others:
With a Bill, intituled, "An Act to discontinue, for a limited Time, the Duties upon Corn and Flour imported; and also upon such Corn, Grain, Meal, Bread, Biscuit, and Flour, as have been, or shall be, taken from the Enemy, and brought into this Kingdom;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Priors Hardwick, Enclosure Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Grounds, and Greens, in the Manor and Parish of Prior's Hardwick, in the County of Warwick," 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, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Starkey against Chisim; Writ of Error.
The Lord Mansfield, Chief Justice of the Court of King's Bench, in the usual Manner, delivered in, at the Table, a Writ of Error, wherein James Starkey is Plaintiff, and William Chisim Defendant.
Townshend against Southouse; Writ of Error.
Mr. Justice Dennison, Senior Judge of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein Thomas Townshend is Plaintiff, and Samuel Southouse Defendant.
His Majesty's Advocate against Fraser.
The Answer of Thomas Fraser Younger of Gortuleg, to the Appeal of His Majesty's Advocate for Scotland, on Behalf of His Majesty, was brought in.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 28o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Report Commissioners Greenwich Hospital delivered.
The House being informed, "That Mr. Horne, from the Commissioners of Greenwich Hospital, attended:"
He was called in; and delivered, at the Bar,
"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between the 1st of December 1755 and 30th of November 1756; 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.
Corn, &c. imported, Duties to discontinue, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to discontinue, for a limited Time, the Duties upon Corn and Flour imported; and also upon such Corn, Grain, Meal, Bread, Biscuit, and Flour, as have been or shall be taken from the Enemy, and brought into this Kingdom."
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.
Priors Hardwick Commons, to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Greens, in the Manor and Parish of Prior's Hardwick, in the County of Warwick."
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. Burroughs and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
His Majesty's Advocate against Forbes of Pitsligo.
The House being moved, "That Wednesday the 16th Day of February next may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and John Forbes of Pitsligo Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 16th Day of February next, as desired.
His Majesty's Advocate against Fraser.
The House being moved, "That Friday the 18th Day of February next may be appointed, for hearing the Cause wherein His Majesty's Advocate for Scotland is Appellant, and Thomas Fraser Younger of Gortuleg Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 18th Day of February next, as desired.
D. of Roxburgh against Jeffrey & al.
The House being moved, "That Monday the 21st Day of February next may be appointed, for hearing the Cause wherein John Duke of Roxburgh, an Infant, by the major Part of his accepting Guardians, is Appellant, and Ninian Jeffrey and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 21st Day of February next, as desired.
Maxwell Ld. Farnham peremptorily to answer Sharpe's Appeal.
The House was informed, "That John Maxwell Lord Farnham in the Kingdom of Ireland, Respondent to the Appeal of William Sharpe Esquire, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of Thomas King of the City of Dublin Gentleman, of the due Service of the said Order, being read:
It is Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.
Respondents peremptorily to answer Plunkett's Appeal.
The House was informed, "That John Knox and others, Respondents to the Appeal of James Plunkett Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of Andrew Kelly, of the City of Dublin Victualer, of the due Service of the said Order, being read:
It is Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 31o Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Epus. Roffen. Epus. Litch. & Cov. Epus. Cestrien. Epus. Glocestr. Epus. Meneven. Epus. Cicestrien. Epus. Bangor. |
Ds. Sandys. |
PRAYERS.
Then, in order to solemnize this Day; being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First;
Adjourn.
Dominus Sandys declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.