House of Lords Journal Volume 23: January 1727, 11-20

January 1726, 11-20

DIE Mercurii, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Williams versus Viscountess Lanesborough and Lane.

This Day the several Answer of Mary Viscountess Lanesborough and John Bell Lane Esquire, an Infant, by the said Viscountess his Guardian, to the Appeal of Edward Williams Gentleman, was brought in.

His Majesty to be attended with the Address.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order), had waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended by this House, with their Address; and that His Majesty was pleased to appoint this Afternoon, at Two a Clock, at His Palace of St. James's."

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.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the House of Peers; and every Monday after; and to adjourn from Time to Time 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 the last Session of Parliament.

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 King's Street, and the Passages to 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 Steward 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 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.

Town of Shrewsbury against St. John's College.

Upon reading the Petition and Appeal of the Mayor, Aldermen, and Burgesses, of the Town of Shrewsbury; complaining of a Decree of the Court of Exchequer, made the Sixteenth Day of May last, in a Cause wherein His Majesty's Attorney General, at the Relation, and for and on the Behalf, of the Master, Fellows, and Scholars of the College of St. John the Evangelist, in the University of Cambridge, was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Relators may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Wednesday the First Day of February next.

Johnson versus Johnson.

Upon reading the Petition and Appeal of Robert Johnson; complaining of a Decree made in the Court of the Dutchy of Lancaster, the Twenty-ninth Day of November 1725, in a Cause wherein Mary Johnson an Infant, by Mary Johnson her Mother and Prochein Amie, was Plaintiff, and the Petitioner and Elizabeth Johnson were Defendants; and praying, "That the same may be rectified:"

It is Ordered, That the said Plaintiff may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the First Day of February next.

Viscountess Fauconberg versus Evans.

Upon reading the Petition and Appeal of Bridget Viscountess Fauconberg; complaining of certain Orders made by the Master of the Rolls, the Twenty-ninth of June 1725, the Twenty-first of February following, as also the Affirmance thereof by the Lord Chancellor the Thirtieth of April last, in a Cause wherein the Petitioner was Plaintiff, and Thomas Evans Defendant; and praying, "That the same may be reversed; and the Lease and Counterpart of certain Premises in Question be delivered up and canceled, or a new Trial granted:"

It is Ordered, That the said Thomas Evans 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 First Day of February next.

Days for hearing Causes.

Ordered, That Mondays, Wednesdays, and Fridays, be appointed Days for hearing Causes.

Pratt versus Clarke & al.

Whereas there is an Appeal depending in this House, wherein Samuel Pratt is Appellant, and Christopher Clarke, Mary Jackson, and others, are Respondents; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the First Day of February next, at Eleven a Clock.

Stratton & al. versus Payne.

Upon reading the Petition and Appeal of Nathaniel Stratton Esquire and Mary his Wife, William Stratton, Edward Stratton, Nathaniel Stratton Junior, and John Stratton, Children of the said Nathaniel and Mary Stratton; complaining of a Decree of the Court of Chancery, made the Twenty-third Day of July last, in a Cause wherein Anne Payne Spinster was Plaintiff, and the Petitioners were Defendants; and praying, That the same may be reversed; and the Plaintiff's Bill, so far as it concerns her demanding a Moiety of South Sea Stock, and other the Personal Estate of William Payne Gentleman, deceased, to be assigned to her for her own Use, and at her own Disposal, be dismissed with Costs:"

It is Ordered, That the said Anne Payne may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the First Day of February next.

Standing Orders relating to Private Bills, to be considered.

The House being moved, "To appoint a Day to take into Consideration the Standing Orders of this House, relating to Private Bills:"

It is Ordered, That, on this Day Sevennight, this House will take the said Standing Orders into Consideration.

Adjourn.

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

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

His Majesty's Answer to the Address, reported:

The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return the following most Gracious Answer; (videlicet),

"My Lords,

"I thank you heartily for this very dutiful and loyal Address: Your warm Concern for maintaining My Honour and the Rights of My Crown, and for preserving the Trade of this Kingdom, is a fresh and very seasonable Instance of your Love to your Country, as well as of your Duty and Affection to Me.

"Your Approbation of the several Measures I have taken, for preserving the public Peace and Tranquillity, and securing the Rights and Privileges of My People against all Usurpations, gives Me great Satisfaction.

"I entirely depend on the many faithful and affectionate Assurances you have given Me in this Address; you may as absolutely depend on My constant Endeavours to promote the Happiness of all My People."

Address and Answer to be printed.

Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Corporation of Trinity House versus Ryall and Noble.

Whereas there is an Appeal depending in this House, wherein the Master, Wardens, and Assistants, of the Corporation of Trinity House are Appellants, and Maltis Ryall and George Noble are Respondents; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof; and that Service of their Lordships Order on the Respondent Noble's Clerk in Court be deemed good Service, he being a Seafaring Man, and not to be found:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Third Day of February next, at Eleven a Clock; and that Service of this Order on the said Respondent Noble's Clerk in the said Court be deemed good Service, as desired.

Anderton versus Magawley:

Upon reading the Petition of Thomas Anderton, Plaintiff in a Writ of Error depending in this House, to which Jane Magawley is Defendant; praying, "That a short Day may be appointed, for arguing the Errors assigned in this Cause:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Monday the Sixth Day of February next; and that Service of this Order on Mr. Saxton the Defendant's Attorney or Solicitor in the said Cause be deemed good Service.

Earl Graham introduced.

The Lord Chancellor acquainted the House, "That a Patent having been granted by His Majesty, creating the Eldest Son of the Duke of Montrose Earl Graham, the said Earl was at the Door, ready to be introduced."

Whereupon his Lordship was accordingly, in his Robes, introduced, between the Earl of Burlington and the Earl of Tankerville, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

The said Earl presented his Letters Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered the same to the Clerk; which was read, at the Table, dat. 23^o Die Maii, 8^o Georgii Regis.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons:

"Georgius, Dei Gratia, Mag. Britanniæ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro David. Comiti Graham, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magn. Britann. et Ecclesiæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Decimo Die Maii, Anno Regni Nostri Octavo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes et Adjournamenta, usque ad et in Decimum Septimum Diem hujus instantis Mensis Januarn prorogatum et adjournatum fuerat, apud Civitatem Nostram prædictam, ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Nono Die Januarii, Anno Regni Nostri Decimo Tertio.

"Bisse & Bray."

Debate about his Patent being considered:

After which, a Proceeding in the Case of the Duke of Hamilton, created Duke of Brandon, as entered in the Journal of this House the Twelfth of December 1711, being read;

And a Debate arising in the House:

The said Earl Graham withdrew.

After Debate;

A Motion was made, "To appoint this Day Sevennight, to take the said Patent into Consideration."

And a Question being stated thereupon:

After further Debate;

The previous Question was put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Agreed, That the said Earl be now called in, and sworn.

Takes the Oaths.

Accordingly his Lordship was called in; and having, 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, was placed on the lower End of the Earls Bench.

Address for Papers between Great Britain and Spain; and the Accession of The States General to Hanover Treaty.

Ordered, That an humble Address be presented to His Majesty, That He will be graciously pleased to cause to be laid before this House, such Memorials and Answers as have passed between the Courts of Great Britain and Spain, since the appearing of the British Fleet on the Coast of Spain, or The West-Indies; as also a Copy of the Accession of The States General to the Treaty of Hanover.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

DIE Veneris, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Fauconberg versus Evans.

This Day the Answer of Thomas Evans, to the Appeal of Bridget Viscountess Fauconberg, was brought in.

His Majesty's Answer to the Address for Papers.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of Yesterday, that His Majesty would be graciously pleased to cause to be laid before this House such Memorials and Answers as have passed between the Courts of Great Britain and Spain, since the appearing of the British Fleet on the Coast of Spain, or The West Indies: as also a Copy of the Accession of The States General to the Treaty of Hanover: And that His Majesty was pleased to say, He would give immediate Directions, that the Papers desired should be forthwith laid before the House."

Crosley versus Shadforth.

Whereas there is an Appeal depending in this House, wherein Nathaniel Crosley is Appellant, and George Shadforth is Respondent; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Eighth Day of February next, at Eleven a Clock.

Viscountess Fauconberg versus Evans.

The House being also moved, on the Behalf of Thomas Evans, Respondent to the Appeal of Bridget Viscountess Fauconberg, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Tenth Day of February next, at Eleven a Clock.

Williams versus Lane & al.:

The House was informed, "That a Person attended at the Door, with Copies of several Proceedings, in the Cause wherein Edward Williams is Appellant, and John Bell Lane Esquire and Mary Viscountess Lanesborough are Respondents."

Papers proved.

Whereupon Loftus Davis was called in, and sworn; and delivered, at the Bar, Copies of Proceedings in the said Cause; and attested, "The same were true Copies, he having examined them with the Originals in the respective Offices in Ireland."

Stirling versus Gray.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Walter Stirling, Writer in Edinburgh, is Appellant, and William Gray is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Thirteenth Day of February next, at Eleven a Clock.

Floyer versus Johnson.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein John Floyer Esquire is Appellant, and Richard Johnson Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fifteenth Day of February next, at Eleven a Clock.

Dillon & Ux. versus Viscountess Mount Cashell and Margan.

Upon reading the Petition and Appeal of Robert Dillon Esquire and the Lady Shaen his Wife; complaining of certain Orders of the Court of Chancery in Ireland, made the Seventh of March 1725, and the Twelfth and Twenty-seventh of May 1726, upon the Petition of Morgan Magan Esquire to the said Court; and praying, "That the said Orders may be reversed; and that Catherine Viscountess Dowager Mount Cashell and Morgan Magan may put in their Answers to this Appeal:"

It is Ordered, That the said Parties may have a Copy of the said Appeal; and they are hereby required to put in their Answers thereunto, in Writing, on or before Friday the Twenty-fourth Day of February next; and that Service of this Order on the said Respondents respective Clerks in the said Court of Chancery in Ireland be deemed good Service.

Upon reading the Petition and Appeal of Robert Dillon Esquire and Susanna Lady Shaen his Wife; complaining of certain Orders of the Court of Chancery in Ireland, made the Fifteenth of September and the Sixth of October last, in a Cause wherein Frances Shaen, Elizabeth Shaen, and Susanna Shaen Minors, by their Prochein Amie Thomas Magan Esquire, were Plaintiffs, and the Petitioners and others were Defendants; and praying, "That the same may be reversed; and that Frances Shaen, Elizabeth and Susanna Shaen Minors, and Thomas Magan, may put in their Answers to this Appeal:"

It is Ordered, That the said Parties may have a Copy of the said Appeal; and they are hereby required to put in their Answers thereunto, in Writing, accordingly, on or before Friday the Twenty-fourth Day of February next; and that Service of this Order on the said Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Colher to enter into Recognizance for Mc Guire.

The House being moved, "That Jabez Collier Gentleman may be permitted to enter into a Recognizance for Richard M^cGuire Merchant, on account of his Appeal depending in this House, to which Richard Maddin Merchant is Respondent; the Appellant residing in Ireland:"

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

Mc Guire versus Maddin:

Whereas the Appeal of Richard M^cGuire Merchant, to which Richard Maddin Merchant is Respondent, was appointed to be heard ex Parte the last Session of Parliament; yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

Hearing appointed ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on Friday the Seventeenth Day of February next, at Eleven a Clock.

Collier to enter into a Recognizance for Earl of Anglesey.

The House being moved, "That Jabez Collier may be permitted to enter into a Recognizance for Arthur Earl of Anglesey, on account of his appeal depending in this House, to which Abel Ram is Respondent; the Appellant being in the Country:"

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

Collier to enter into a Recognizance for Mc Guire against Tabois.

The like Order for the said Jabez Collier to enter into a Recognizance for Richard M' Guire, on account of his Appeal, to which Abraham Tabois is Respondent; the Appellant residing in Ireland.

Brand versus Wilmott & al. et è contra.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Thomas Brand is Appellant, and John Wilmott, Jonathan Welch, and Thomas Alsop, are Respondents; and wherein the said John Wilmott, Jonathan Welch, and Thomas Alsop, are Appellants, and the said Thomas Brand, George Wingfield, Henry Vere Graham, Abel Wilkinson, and James Plume, are Respondents:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Monday the Twentieth Day of February next, at Eleven a Clock.

Ellison versus Stewart.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Nathan Ellison is Appellant, and William Stewart is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Two and Twentieth Day of February next, at Eleven a Clock.

Adjourn.

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