House of Lords Journal Volume 26: November 1745, 1-10

November 1745, 1-10

DIE Lunæ, 4^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shepherd & Ux. against Hore.

Upon reading the Petition and Appeal of John Shepherd Esquire and Ellen his Wife; complaining of an Order, or Decree, of the Court of Chancery in Ireland, of the 15th Day of December 1744, made in certain Causes, wherein William Hore Esquire was Plaintiff, and the Appellants and others were Defendants; and wherein the Appellants and others were Plaintiffs, and the said William Hore and others Defendants; and praying, "That the same may be reversed or rectisied; and that the Appellants may be decreed the Possession and Enjoyment of certain Lands and Premises, as also the Benefit of Two Thousand Pounds, in the Appeal mentioned, and all other Rights and Interests intended the Appellants, or either of them, by the last Will of the Appellant Ellen's Father; or that they may have such other Relief as (fn. 1) to this House in their great Wisdom shall seem meet:"

It is Ordered, That the said William Hore may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 9th Day of December next; and that Service of this Order on his Six Clerk in the said Court of Chancery be deemed good Service.

Evans against Blood & al.

Upon reading the Petition and Appeal of Richard Evans Gentleman; complaining of an Order, or Decree, of the Court of Exchequer in Ireland, of the 7th of June 1744, made on the Behalf of William Blood, William Adams and Ann his Wife; and praying, "That the same may be reversed; and that the Original Bill and Bill of Revivor in the Appeal mentioned may be dismissed with Costs; and that this House will give the Appellant such further and other Relief as to their Lordships great Wisdom shall seem meet:"

It is Ordered, That the said William Blood, William Adams and Ann his Wife, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 9th Day of December next; and that Service of this Order on their Clerks in Court, or Agents, be deemed good Service.

Adjourn.

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

DIE Martis, 5^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order for the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed by Act of Parliament to be observed for the happy Deliverance of King James the First, and the Three Estates of England, from the most traiterous and bloody intended Massacre by Gunpowder;

Adjourn.

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

DIE Mercurii, 6^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bishop of St. David's, for his Sermon.

Ordered, That the Thanks of this House be, and they are hereby, given to the Lord Bishop of St. Davids, for the Sermon preached before their Lordships Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

E. Thanet's Privilege; Jeakes to be re-attached.

The House was moved, "That the Proceedings entered in the Journal of the 14th of January last, when one Samuel Jeakes was ordered to be re-attached, by the Serjeant at Arms attending their Lordships, for a Breach of Privilege, in causing a Ditch to be made, to enclose Land, belonging to the Earl of Thanet, in the Parish of Lydd, in the County of Kent," might be read.

And the same being read accordingly:

The Serjeant at Arms was called in; and inquired of, as to what he had done in the Execution of the said Order:

Who produced Thomas Paddy and William Carter, to give an Account what they had done thereupon.

And they acquainted the House with the Endeavours used by them to re-attach the said Jeakes; but could not find him.

And then they were all directed to withdraw.

Ordered, That the said Serjeant at Arms do forthwith re-attach the Body of the said Samuel Jeakes, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Richard Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Carroll to enter into Recognizance for Shepherd & Ux.

The House being moved, "That John Carroll of Sheer Lane Gentleman may be permitted to enter into a Recognizance for John Shepherd Esquire and his Wife, on account of their Appeal depending in this House; they being in Ireland:"

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

Proceedings of the Commissioners for Westminster Bridge, delivered.

The House being informed, "That Sir Joseph Ayloff, from the Commissioners for building a Bridge at Westm'r, attended:"

He was called in; and delivered, at the Bar,

"A State of the Proceedings of the said Commissioners, from the 21st of November 1744, to the 8th of October 1745."

Together with, "Contracts made by the said Commissioners, between November 21st 1744, and October 8th 1745 (both inclusive)."

And also, "Accompts of the Treasurer to the said Commissioners, from September 29th 1744, to September 29th 1745."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, being read:

Ordered, That the same do lie on the Table.

Cooke & Wilkes against Smee.

Counsel were called in, to be heard, upon the Petition and Appeal of Richard Cooke and Nathaniel Wilkes Esquires; complaining of a Decree, or Order, of the Court of Exchequer, of the 23d Day of April 1744, to which Thomas Smee Clerk is Respondent.

And the First Counsel for the Appellants being fully heard:

The Counsel were all directed to withdraw.

Ordered, That the further Hearing of the said Cause be adjourned till Friday next.

Printed Declarations, &c. of the Pretender complained of:

Complaint was made to the House, "That many scandalous and treasonable Declarations in Print had been dispersed about the Kingdom, in order to poison the Minds of His Majesty's good Subjects, and seduce them from their Allegiance."

And Six of the said printed Papers were laid before the House; whereof Two are respectively signed James R. and dated at Rome, the 23d Day of December 1743; and Four other of the said printed Papers are signed Charles P. R. dated respectively the 16th Day of May 1745, August the 22d 1745, the 9th Day of October 1745, and the 10th Day of October 1745.

And the same being read:

Resolutions that they are traiterous, &c. Libels, and that they shall be burnt by Hangman:

Resolved, That the printed Papers now complained of are salse, scandalous, and traiterous Libels, containing the most malicious, audacious, and wicked Incitements to His Majesty's Subjects to commit the most abominable Treasons; groundless and infamous Calumnies and Indignities against the Government, Crown, and Sacred Person, of His most Excellent Majesty King George the Second, our only rightful and undoubted Sovereing; and seditious and presumptuous Declarations against the Constitution of this united Kingdom; representing the High Court of Parliament, now legally assembled by His Majesty's Authority, as an unlawful Assembly, and all the Acts of Parliament passed since the late happy Revolution as null and void: And that the said printed Papers are full of the utmost Arrogance and insolent Affronts to the Honour of the British Nation, in supposing that His Majesty's Subjects are capable of being imposed upon, seduced, or terrified, by false and opprobrious Invectives, insidious Promises, or vain and impotent Menaces; or of being deluded to exchange the free Enjoyment of their Rights and Liberties, as well Civil as Religious, under the well-established Government of a Protestant Prince, for Popery and Slavery, under a Popish bigoted Pretender, long since excluded by the wisest Laws, made to secure our excellent Constitution, and abjured by the most solemn Oaths.

Resolved likewise, That, in Abhorrence and Detestation of such vile and treasonable Practices, the said several printed Papers be burnt, by the Hands of the Common Hangman, at The Royal Exchange in London, on Tuesday the 12th Day of this Instant November, at One of the Clock in the Afternoon; and that the Sheriffs of London do then attend, and cause the same to be burnt there accordingly.

Conference to be had with H. C. about them.

Ordered, That the said Resolutions be communicated to the House of Commons, at a Conference; and that their Concurrence therein be desired; and that the said several printed Papers be also communicated to the House of Commons, at the said Conference.

Then the Lords following were appointed a Committee, to prepare what is proper to be offered to the Commons, at the said Conference; (videlicet,)

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

Message to desire the Commons to continue sitting.

Ordered, That a Message be sent to the House of Commons, by Mr. Holford and Mr. Elde, to desire that they will continue sitting for some Time.

The House was adjourned during Pleasure; and the Committee withdrew.

After some Time, the House was resumed.

And the Messengers sent to the House of Commons, being returned, acquainted the House, "That the Commons will continue sitting for some Time, as desired."

Heads for a Conference, concerning the Pretender's Declarations, &c.

The Lord Delawarr reported from the Lords Committees appointed to prepare what they thought proper to be offered to the Commons, at a Conference, as follows; (videlicet,)

"The Lords, being extremely desirous, upon all Occasions, to preserve a perfect good Correspondence with the House of Commons, have asked this Conference, in order to acquaint them, That the Lords having taken into Consideration several printed Papers complained of to their Lordships, Two of which are signed James R. and dated at Rome, the 23d Day of December 1743, and Four signed Charles P. R. dated respectively the 16th of May, the 22d of August, the 9th of October, and the 10th of October, 1745, have come to the following Resolutions; (videlicet,)

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Two printed Papers, respectively signed James R. and dated at Rome, the 23d Day of December 1743; and the Four printed Papers, signed Charles P. R. dated respectively the 16th Day of May 1745, August 22d 1745, the 9th Day of October 1745, and the 10th Day of October 1745, are false, scandalous, and traiterous Libels, intended to poison the Minds of His Majesty's Subjects; containing the most malicious, audacious, and wicked Incitements to them to commit the most abominable Treasons; groundless and infamous Calumnies and Indignities against the Government, Crown, and Sacred Person, of His most Excellent Majesty King George the Second, our only rightful and undoubted Sovereign; and seditious and presumptuous Declarations against the Constitution of this United Kingdom; representing the High Court of Parliament, now legally assembled by His Majesty's Authority, as an unlawful Assembly, and all the Acts of Parliament passed since the late happy Revolution as null and void: And that the said printed Papers are full of the utmost Arrogance and insolent Affronts to the Honour of the British Nation, in supposing that His Majesty's Subjects are capable of being imposed upon, seduced, or terrified, by false and opprobrious Invectives, insidious Promises, or vain and impotent Menaces, or of being deluded to exchange the free Enjoyment of their Rights and Liberties, as well Civil as Religious, under the wellestablished Government of a Protestant Prince, for Popery and Slavery, under a Popish bigoted Pretender, long since excluded by the wisest Laws made to secure our excellent Constitution, and abjured by the most solemn Oaths.

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That, in Abhorrence and Detestation of such vile and treasonable Practices, the said several printed Papers be burnt, by the Hands of the Common Hangman, at The Royal Exchange in London, on Tuesday the 12th Day of this Instant November, at One of the Clock in the Afternoon; and that the Sheriffs of London do then attend, and cause the same to be burnt there accordingly.

"Which Resolutions the Lords have directed us to communicate to the House of Commons, and to desire their Concurrence therein.

"We are likewise directed by the Lords, to communicate to the House of Commons the said several printed Papers."

Which Report, being read by the Clerk, was agreed to by the House.

Message to H. C. for the Conference.

A Message was sent to the House of Commons, by the former Messengers:

To desire a Conference with that House, To-morrow, at Three o'Clock in the Afternoon, in the Painted Chamber, touching certain Treasonable Declarations and printed Papers, published and dispersed about the Kingdom by the Pretender and his Eldest Son.

Adjourn.

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

DIE Jovis, 7^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Commons agree to a Conference.

The Messengers sent Yesterday to the House of Commons, to desire a Conference with that House, at Three of the Clock this Day in the Afternoon, returned Answer, "That they do agree to a Conference with this House, as desired."

Jgoe to enter into Recognizance for Evans.

The House being moved, "That John Jgoe of Saint Andrew Holborn Gentleman may be permitted to enter into Recognizance for Richard Evans Gentleman, on account of his Appeal depending in this House; he being in Ireland:"

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

Conferences on the Pretender's printed Declarations:

The House being informed, "That the Commons were ready, in the Painted Chamber:"

Ordered, That the Committee appointed to prepare what is proper to be offered at the Conference be the Managers of the Conference.

Then the Names of the Managers were called over.

And the House was adjourned during Pleasure.

And the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had met the Commons, at the Conference; and communicated to them the Resolutions of this House, together with the printed Declarations and Papers upon which the said Resolutions were founded."

The House was adjourned during Pleasure.

The House was resumed.

A Message was brought from the House of Commons, by the Earl of Middlesex and others:

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber."

The Names of the Managers for this House were called over.

And the House was adjourned during Pleasure.

And the Lords went to the Conference.

Which being ended, the House was resumed.

Commons agree to the Lords Resolutions about them.

And the Lord President reported, "That the Managers had met the Commons, at the Conference; and that the Managers for the Commons had returned the Resolutions of this House, agreed to; together with the printed Declarations and Papers delivered to them at the former Conference."

Adjourn.

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

DIE Veneris, 8^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cooke & al. against Smee:

After hearing Counsel, as well on Wednesday last as this Day, upon the Petition and Appeal of Richard Cooke and Nathaniel Wilkes Esquires; complaining of a Decree and Order of the Court of Exchequer, of the 23d Day of April 1744, made upon re-hearing a Cause there then depending, wherein Thomas Smee Clerk was Plaintiff, and the Appellants Defendants, so far as the same or either of them directs, "That the Appellants shall come to an Accompt with the said Thomas Smee, for the Arrears of the several Quantities of Corn and Money, from the Time the said Smee was instituted and inducted into the Vicarage of Chishull Magna, in the County of Essex;" and so far as the said Decree makes the Appellant Wilkes liable to the Payment thereof before he became Impropriator of the Rectory of Chishull Magna; and praying, "That the same might be reversed in those Points; and that the Appellant Cooke might not be compelled to answer the said Smee's Demands established by the said Decree, but from the Time of filing his Original Bill; and that the Appellant Wilkes may not be compelled to answer the said Smee's Demands before he became the Impropriator of the said Rectory; or that this House would make such other Order for the Appellants Relief, as to their Lordships great Wisdom and Justice should seem meet:" As also upon the Answer of the said Thomas Smee put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause; and hearing the unanimous Opinion of the Judges present, delivered by the Lord Chief Justice of the Court of Common Pleas, upon a Point of Law to them proposed:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in the said Decree, after ["and"], and before the Words ["satisfy and pay to the Plaintiff what shall appear to"], these Words be inserted ["that the said Appellants Cooke and Wilkes do"]; and instead of the next Word ["be"], insert ["have been"]; and after the Words ["due for the same"], these Words ["before the Time of the Appellant Wilkes's Purchase; and that the Appellant Wilkes do satisfy and pay to the Respondent what shall appear to have been due for the same since the Time of the said Purchase"] be there inserted; and that, in the same Clause of the said Decree, after the Words ["Arrears accrued due"], these Words ["in the Time the said Defendant Cooke and the said Defendant Wilkes have been respectively in Possession of the said Rectory"] be lest out, and instead thereof these Words ["before the Time of the Appellant Wilkes's Purchase, and what Part of the said Arrears accrued due since the said Time"] be there inserted; and that, in the next Clause of the said Decree, these Words ["in the Time of the Defendant Cooke"] be left out, and instead thereof these Words ["before the Time of the Appellant Wilkes's Purchase"] be there inserted: And it is further Ordered and Adjudged, That, with these Variations and Additions, the said Decree and Order be, and the same is hereby, affirmed.

Adjourn.

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