House of Lords Journal Volume 27: December 1746

December 1746

DIE Martis, 2^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rotherham against Brown & al.

Upon reading the Petition and Appeal of Anne Rotherham Widow, by Original Bill; Elizabeth Bell Widow, John Turner and Sarah his Wife, the said Elizabeth and Sarah being the Daughters and Coheirs of Elizabeth Langley deceased, by Bill of Revivor; complaining of an Order, or Decree, of the Court of Chancery, of the 16th of June 1741, made in a Cause wherein the Appellants were Plaintiffs, and Elizabeth Browne and others were Defendants; and praying, "That the said Order, or Decree, may be varied or reversed, in such Manner as this House shall think proper; and that John Browne, Ralph Browne, Mary Browne, and Rolph Browne the Younger, may be required to answer the said Appeal:"

It is Ordered, That the several Persons last mentioned 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 Tuesday the 16th Day of this Instant December.

Countess Anglesey against E. Anglesey.

Upon reading the Petition of Ann Countess of Anglesey, Wife of Richard Earl of Anglesey; complaining of an Order of the Court of Chancery in Ireland, of the 3d of June last, against issuing out of the said Court the Writ de Excommunicato capiendo against the Person of the said Earl; and praying, "That the said Order may be reversed or rectified; and that such other Order may be made, for the Appellant's Relief, as to this House in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Earl may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 7th Day of January next; and that Service of this Order on the said Earl's Six Clerk in the said Court of Chancery, or his Proctor in the Consistorial Court in Dublin, be deemed good Service.

Rose & al. against Countess Dowager of Roscommon.

Upon reading the Petition and Appeal of George Rose Esquire, and Arthur Usher Esquire, Administrator of the Goods and Chattels of Robert Taylor Esquire, deceased, unadministered by Berkeley Taylor Esquire, also deceased; complaining of the Court of Chancery in Ireland's allowing the Deposition of one Edward Kenelly to be read as Evidence in a Cause there depending, wherein Angel Countess Dowager of Roscommon was Plaintiff; and also complaining of a Decree of the said Court, of the 26th of June 1741, made on the Behalf of the said Countess; and praying, "That the said Decree may be reversed or set aside, and such Order made, for the Appellant's Relief, as to the great Wisdom and Justice of this House shall seem meet:"

It is Ordered, That the said Countess may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Tuesday the 7th Day of January next; and that Service of this Order on her Six Clerk in Court be deemed good Service.

Chitty against Attorney General.

Upon reading the Petition and Appeal of Joseph Chitty Esquire; complaining of a Decree of the Court of Exchequer, of the 30th Day of April 1744, in a Cause wherein His Majesty's Attorney General was Plaintiff, and the Appellant Defendant; and praying, "That the said Decree may be reversed; and that the Information exhibited by the said Attorney General, so far as the same requires the Appellant to account for the Duty of Ten Shillings and Two Pence and Seven Fortieth Parts of a Penny, for certain Raisins from Spain, of the Sort commonly called Lexia Raisins, imported by the Appellant, may be dismissed; or that this House will be pleased to make such other Order, for the Appellant's Relief, as (fn. 1) to their Lordships in their great Judgement shall seem meet:"

It is Ordered, That the said Attorney General may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the 16th Day of this Instant December.

Carver & al. against Polhill & al.

Upon reading the Petition and Appeal of Mary Carver, Widow and Executrix of John Carver Esquire, deceased, Jane Frances and Anne Thompson, Administratrixes of Richard Thompson Esquire, deceased, with his Will annexed, Theobald Taaffe Esquire and Susanna his Wife, Administratrix of Samuel Lowe Esquire, deceased, John Cranch and Elizabeth his Wife, and Hannah Turbill, Executors of the last Will of George Turbill Esquire, deceased; complaining of a Decree of the Court of Exchequer, of the 6th of December 1745; and praying, "That the same may be reversed; and that this House will make such further Order, for the Appellants Relief, as to their Lordships in their great Justice and Equity shall seem meet; and that David Polhill Esquire and others, on Behalf of themselves and other Proprietors of Shares in the Gold and Silver Mines in Jamaica, in the Appeal mentioned, may be required to answer the said Appeal:"

It is Ordered, That the said David Polhill and others 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 Tuesday the 16th Day of this Instant December.

Campbell against Campbell.

Upon reading the Petition and Appeal of Elizabeth and Jean Campbell, and James Campbell otherwise Drummond Merchant in Edinburgh, Husband to the said Elizabeth; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th Day of December 1738; and of their Adherence thereto, the 5th Day of January following; and also of another Interlocutor of the same Lords, of the 15th of June 1739; and likewise of another Interlocutor of the same Lords, of the 22d of December following; and of their Adherence thereto, the 21st of February 1740, and praying, "That the said Interlocutor may be reversed, varied, or altered, so far as in the Appeal is complained of, and such other Relief given to the Appellants as to this House in their great Wisdom and Justice shall seem meet, the Decree not being yet entered or extracted; and that Mary Campbell, for herself, and as representing Charles Campbell her Brother, now deceased, and as having accepted of a Disposition from him of all his Estate Real and Personal, may be required to answer the said Appeal:"

It is Ordered, That the said Mary Campbell may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 30th Day of this Instant December; and that Service of this Order on any One of the Agents or Procurators of the said Charles or Mary Campbell in the Court below be deemed good Service.

Wood against Polhill & al.

Upon reading the Petition and Appeal of William Wood Esquire; complaining of a Decree of the Court of Exchequer, of the 6th of December 1745, and an Order of the same Court, of the 4th of November 1746, made in a Cause wherein David Polhill, Charles Polhill, the Honourable William Ker, Alexander Wilson, Charles Otway, Esquires, and James Mendes, and others, on Behalf of themselves, and other the Proprietors of Gold and Silver Mines in Jamaica, were Plaintiffs, and Mary Carver, Executrix of John Carver Esquire, deceased, Jane, Frances, and Anne Thompson, Administratrixes of Richard Thompson Esquire, with his Will annexed, Theobald Taaffe Esquire and Susanna his Wife, Administratrix of Samuel Lowe Esquire, deceased, John Cranch and Elizabeth his Wife, Hannah Turbill, Executrix of George Turbill Esquire, deceased, Samuel Long, the said Samuel Long as Executor of Charles Long deceased, James Beckham Administrator of Thomas Martin Esquire, deceased, Nicholas Street Administrator of John Ayscough deceased, Thomas Shuckforth, and the Appellant and others Defendants; and praying, "That the said Decree and Order may be reversed; and that the Appellant may have such Relief as to this House shall seem meet; and that the said Plaintiffs may be required to put in their Answer to the said Appeal:"

It is Ordered, That the said Plaintiffs 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 Tuesday the 16th Day of this Instant December.

Adjourn.

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

DIE Jovis, 4^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Biscoe to enter into Recognizance for Carver & al.

The House being moved, "That Joseph Biscoe of The Inner Temple London Gentleman may be permitted to enter into a Recognizance for Mary Carver Widow and others, on account of their Appeal depending in this House; they being absent:"

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

Marsden to enter into Recognizance for Rotherham & al.

The like Motion and Order, for Thomas Marsden Gentleman to enter into a Recognizance for Anne Rotherham and others, on account of their Appeal; for a Reason of the same Nature.

Blood to enter into Recognizance for Rose & al.

The like Motion and Order, for William Blood Esquire, to enter into a Recognizance for George Rose and others, on account of their Appeal; they being in Ireland.

Wainhouse to take the Name of Emmott, Leave for a Bill:

Upon reading the Petition of Richard Emmott, formerly called Richard Wainhouse; praying Leave to bring in a Bill, that the Surname of Emmott may be confirmed to him and the Heirs Male of his Body, by the Authority of Parliament, pursuant to the Will of his Uncle Christopher Emmott Esquire, deceased:

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to enable Richard Wainhouse and his Heirs Male to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased."

And the same was read the First Time.

Adjourn.

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

DIE Martis, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir T. Parkyns, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Thomas Parkyns Baronet, an Infant, and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Parkyns Baronet and Jane Parkyns (with the Consent of their Guardians and Trustees) to make a Conveyance, by Way of Settlement, on their Intermarriage, notwithstanding their Minority."

Blyke to enter into Recognizance for Campbell.

The House being moved, "That Mr. Samuel Blyke may be permitted to enter into a Recognizance for Elizabeth Campbell and others, on account of their Appeal depending in this House; they being in Scotland:"

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

Wainhouse to take the Name of Emmot, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Richard Wainhouse and his Heirs Male to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on this Day Sevennight, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Proceedings of the Commissioners of Westminster Bridge delivered.

The House being informed, "That Sir Joseph Ayloffe, from the Commissioners for building a Bridge at Westminster, attended:"

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

"A State of the Proceedings of the said Commissioners, from October 15th 1745, to November 18th 1746, both inclusive; together with Contracts made by the said Commissioners, between November 15th 1745, and November 18th 1746, both inclusive."

And also, "Accompts of the Treasurer to the said Commissioners, from September 29th 1745, to September 29th 1746."

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.

Adjourn.

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

DIE Jovis, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stark & al. against Stark & al.

Upon reading the Petition and Appeal of George Stark of Gartsherry, with Consent of James Hamilton of Aikenhead, John Muirhead of Breadisholm, Alexander Hamilton of Blantirefarm, and John Baird of Muckcroft, and of the said James Hamilton, John Muirhead, Alexander Hamilton, and John Baird, as Tutors nominated by the deceased John Stark of Gartsherry, to John Stark an Infant, his Son of the Second Marriage; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 12th Day of July 1746; and also of an Interlocutor of the Macers and their Assessors, of the 12th Day of August following; and likewise of so much of an Interlocutor of the Lords of Session, of the 3d Day of this Instant December, as repels certain Objections in the Appeal mentioned; and praying, "That the same may be reversed, varied, or altered; and that the Appellants may have such Relief as to this House in their great Wisdom and Justice shall seem meet; and that John Stark the Infant, and Mr. John Currie, Mi nister at East Monkland, his Guardian or Tutor, may be required to answer the said Appeal:"

It is Ordered, That the said John Stark and John Currie 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 Thursday the 8th Day of January next; and that Service of this Order on their Agents or Procurators in the Court below be deemed good Service.

Sir T. Parkyns's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Parkyns Baronet and Jane Parkyns (with the Consent of their Guardians and Trustees) to make a Conveyance, by Way of Settlement, on their Intermarriage, notwithstanding their Minority."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (vdelicet,)

Their Lordships, or any Five of them; to meet on Friday the 26th Instant, at the usual Time and Place; and to adjourn as they please.

Message from H. C. to desire the Lords would continue sitting.

A Message was brought from the House of Commons, by Sir William Yonge and others:

To acquaint this House, "That they, having Matters to communicate to their Lordships, of great Consequence to the King and Kingdom, do desire that their Lordships will continue sitting for some Time."

To which the House agreed.

And the Messengers were called in again; and acquainted by the Lord Chancellor, "That the Lords will continue sitting for some Time, as is desired."

The House was adjourned during Pleasure.

The House was resumed.

Ld. Lovat impeached, by the Commons, of High Treason.

A Message was brought from the House of Commons, by Sir William Yonge and others, as follows:

"My Lords,

"The Commons of Great Britain, in Parliament assembled, having received Informations of divers Treasons committed by a Peer of this Realm, Simon Lord Lovat, have commanded me to impeach the said Simon Lord Lovat of High Treason. And I do here, in their Names, and in the Names of all the Commons of Great Britain, impeach the said Simon Lord Lovat of High Treason: And I am further commanded to acquaint your Lordships, That they will, with all convenient Speed, exhibit Articles to make good the Charge against him."

Adjourn.

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

DIE Martis, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wainhouse to take the Name of Emmott, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Richard Wainhouse and his Heirs Male, to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased," 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."

Ordered, That the said Bill be engrossed.

Grosat to enter into Recognizance for Stark & al.

The House being moved, "That Walter Grosat of Leicester Fields Esquire may be permitted to enter into a Recognizance for George Stark and others, on account of their Appeal depending in this House; they being in Scotland:"

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

Land Tax Bill.

A Message was brought from the House of Commons, by Mr. Fane and others:

With a Bill, intituled, "An Act for granting an And to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-seven;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Oakeley & al. Petition referred to Judges.

Upon reading the Petition of Richard Oakeley in the County of Salop Esquire and Lucy his Wife, Lucy Biggs of Bentall in the Parish of Alberbury in the said County Widow, Herbert Oakeley of Lydbury North in the same County Clerk, William Oakeley of Steventon in the same County Esquire, William Oakeley the Younger Clerk Eldest Son and Heir Apparent of the said William Oakeley, and Samuel Oakeley of Stepple in the Parish of Clun in the said County of Salop Esquire; praying Leave to bring in a Bill, for Sale of certain Estates in the Counties of Salop and Oxford, in the Petition mentioned, for raising Money, to pay Debts, and for other Purposes in the Petition expressed:

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 Clive; with the usual Directions, according to the Standing Order.

Adjourn.

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

DIE Mercurii, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Weston's Privilege; Harty & al. Sheriffs of Kilkenny to be attached for arresting Barnes his Servant.

Complaint was made to the House, of a Breach of Privilege, committed against Charles Lord Weston, Earl of Arran in the Kingdom of Ireland, by William Harty and Edward Gent Sheriffs of the City of Kilkenny, and John Killy Sub-sheriff of the County of Kilkenny, in arresting, or causing to be arrested, Thomas Barnes of the said City of Kilkenny Alderman, the said Earl's menial Servant, and forcibly entering his Lordship's House, within the Time of Privilege of Parliament, in Breach of his Lordship's Privilege, and the Privilege of this House.

And thereupon Affidavits, made by Thomas Barnes the Younger of the said City Gentleman and Juliana Barnes of the same City Spinster, verifying the Truth of the Matters of the said Complaint, being severally read:

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Sheriffs and Sub-sheriff, and bring them to the Bar of this House, to answer the Matters of the said Complaint; 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.

Ld Lovat, Articles of Impeachment brought up against him.

A Message was brought from the House of Commons, by Sir William Yonge and others:

Who said, "He was commanded, by the House of Commons, to deliver to this House Articles of Impeachment, of High Treason, against Simon Lord Lovat." He said, "He was also commanded by the Commons, to acquaint their Lordships, That they are ready to maintain their Charge."

And he delivered in the said Articles; which were read, as follow; (videlicet,)

"Articles of Impeachment, of High Treason, against Simon Lord Lovat.

"Whereas the Imperial Crown and Government of these Kingdoms have been long duly and happily established in the Royal Family of His present most Sacred Majesty, upon Principles equally conducive to the Honour and Safety of the Crown, and to the Protection and Liberty of the Subject; whereby settled Laws are made the common Measure of Justice to both; and a Prerogative, wisely calculated to promote the greater Good of the People, and answer the Exigencies of Government, has been ascertained and secured:

"And whereas the Reigns of His present Majesty and His Royal Father have given the strongest and most illustrious Proofs of the happy Effects of those Princi ples, in the Exercise of their legal, mild, and equal Administration, under which every Subject, from the highest to the lowest, has had his Religion, his Person, and his Property, fully protected by the most inviolable Observance of the Laws, which have had their free Course, without the least Interruption on the Part of His Majesty or of His Royal Father:

"Notwithstanding which, there have been found many wicked and ungrateful Persons, who have themselves enjoyed all these Blessings in common with the rest of their Fellow Subjects, and yet have been weak and desperate enough, from Time to Time, to contrive the Subversion of this happy Establishment, in order to introduce Popish Bigotry and Superstition instead of the Protestant Religion, and an arbitrary tyrannical Power instead of a free Government; and, as the only Means of establishing and perpetuating those great Evils, to place the Pretender to His Majesty's Crown upon the Throne of this Kingdom; and, the more easily to obtain these Ends, have, from Time to Time, taken Advantage of the Distresses, which, in the Course of human Affairs, have happened to their Native Country, to set on Foot and prosecute their traiterous Designs.

"And whereas divers of the said Traitors to His Majesty have laid hold of the Opportunity, arising from the just and unavoidable but difficult and expensive Wars in which this Nation has been for some Time engaged, to renew their Treasonable Conspiracies, for the bringing their wicked Purposes to Effect, by the Assistance of Troops and Money from His Majesty's Enemies Abroad, and by raising a Rebellion at Home:

"And whereas, by the Instigation of, and in Concert with, the said Traitors, a great Number of French Troops, accompanied by the Eldest Son of the said Pretender, were ready, and had in Part embarked, and actually set Sail, to invade this Kingdom, in the Year One Thousand Seven Hundred and Fortythree; but were then prevented from accomplishing their Design, by the wise Precautions of His Majesty, and the good Providence of Almighty God:

"And whereas the same Traitors, restless and indefatigable in the Prosecution of their said wicked and traiterous Purposes, hoping that the French, by the great Superiority of their Numbers in Flanders, might be able to invade this Kingdom, and at the same Time to prevent the Return of His Majesty's Troops from Abroad, for the Defence of the Nation, did, in the Year One Thousand Seven Hundred and Forty-five, encourage the said Eldest Son of the Pretender to His Majesty's Crown to land at that critical Juncture in this Kingdom, who, in Pursuance of such Encouragement, did actually land in Scotland, and put himself at the Head of a large Body of armed Traitors, and commence and carry on, for a considerable Time, a cruel, unnatural, and bloody War against His Majesty, within this Realm, which has at last been happily suppressed:

"1. Simon Lord Lovat, being a Subject of His said Majesty. One of the said Traitors and Rebels, and conspiring and joining with them in their said traiterous Designs, and having withdrawn that due Obedience, Fidelity, and Allegiance, which as a loyal Subject be owed, and of Right ought to bear, to His said present most Sacred Majesty, the only true, lawful, and undonbted Sovereign of this Kingdom, his true and natural Lord, did, upon the Thirty-first Day of December, in the Year of our Lord One Thousand Seven Hundred and Forty three, in the Shire of Inverness, and on the Twenty-eighth Day of October, in the Year One Thousand Seven Hundred and Fortyfive, in the same Shire, and at divers other Days, Times, and Places, wickedly, maliciously, falsely, and traiterously, compass and imagine the Death of His said Majesty.

"2. And, for accomplishing his said wicked and traiterous Purpose, he the said Simon Lord Lovat, upon the said Thirty-first Day of December, in the said Year One Thousand Seven Hundred and Forty-three, in the Shire of Inverness aforesaid, did traiterously correspond with the said Pretender, obtain and accept a Commission from the said Pretender to be a Lieu tenant General of His Forces and another Commission from the said Pretender, to be General of The Highlanders; and did also accept from the said Pretender a Patent, or Grant, importing to create him the said Simon Lord Lovat Duke of Fraser; and then and there did traiterously conspire and enter into an Association with many other Traitors, in order to raise a War and Rebellion against His Majesty within this Realm, and to obtain Troops, Money, and Succours, from France, for that Purpose.

"3. And the said Simon Lord Lovat did further, falsely and traiterously, at the Times and Place before particularly mentioned, and at divers other Times and Places, assemble himself with divers other false Traitors and Rebels against our said Sovereign Lord the King, being armed and arrayed in a warlike Manner, and did raise, and caused to be raised and assembled, great Numbers of armed Men, His Majesty's Subjects, for the Service of the said Pretender and his said Son; and arrayed, and caused them to be arrayed, in a warlike Manner, against His Majesty; and did traiterously levy, and cause to be levied, a cruel and unnatural War against His Majesty, within this Realm, at the Times and Places aforesaid, in Favour of the said Pretender.

"4. And, for the more effectual bringing his said Treasons and traiterous Designs to Effect, he the said Simon Lord Lovat did, in the Month of November, in the said Year One Thousand Seven Hundred and Forty-five, traiterously compose, write, and send, and caused to be composed, written, and sent, a treasonable Letter to the said Eldest Son of the said Pretender, then in Arms within this Kingdom, and joined by, and at the Head of, great Numbers of His Majesty's Subjects, false Traitors and Rebels against His Majesty, then also in Arms and Rebellion against His Majesty within this Kingdom; in which Letter, he the said Simon Lord Lovat, among other Things, expressed the great Pleasure it would give him, to end his Days in the Service of the said Pretender's said Son; that he was resolved to send to him his the said Lord Lovat's Eldest Son, to venture his Life in his Service, and deliver up his Clan to him; and further expressed and represented his own great Zeal and Attachment to the said Pretender and his said Son, and their Cause and Interest, and the Service he had done, was doing, and intended to do, for the said Pretender and his said Son, with Intent and in order to confirm, animate, and encourage, him the said Pretender, his said Son, his Adherents, and all the other said Traitors, in the Prosecution of their said Treasons and traiterous Designs.

"5. And the said Simon Lord Lovat, in further Prosecution of his said Treasons, did, at the Times and Place before mentioned, and at divers other Times and Places after the said War and Rebellion began, and while the same was carrying on, traiterously compose, write, and send, and cause to be composed, written, and sent, divers other treasonable Letters and Papers to divers false Traitors then openly in Arms in this Kingdom against His said Majesty, and to divers others of His Majesty's Subjects, and other Persons, to assure them of his own Zeal and firm Attachment to the Cause and Interest of the said Pretender and his said Son, and to confirm, solicit, excite, and persuade them to engage in, continue, and prosecute, the said War and Rebellion, and to promise and assure them of his Assistance therein.

"6. And, the more effectually to attain the End of his said Treasons and treasonable Designs, the said Simon Lord Lovat did, at the said Times and Place, and at divers other Times and Places, traiterously aid and assist the said Pretender's said Son, and the said other false Traitors and Rebels, in the carrying on the said Treasons, War, and Rebellion, and furnish and provide them with great Quantities of Arms, Ammunition, Implements of War, Cloaths, and other Things useful and necessary for that Purpose; and also sent his Eldest Son, and many of his Name, Family, and Dependants, to the Assistance of the said Pretender's Eldest Son and the said other Rebels; and also gave them Advice, Directions, and Instructions, in the Prosecution of the said Rebellion.

"7. And the said Simon Lord Lovat further, at the Times and Place aforesaid, and at divers other Times and Places, did unlawfully and traiterously hold, entertain, and keep Intelligence and Correspondence, both in Person and by Letters, and otherwise, with the said Eldest Son of the said Pretender, well knowing him to be so, and also with divers other Persons who were employed by the said Pretender's said Son, and particularly with John Murray of Broughton Esquire, Donald Cameron the Elder of Lochiel, Donald Cameron the Younger of Lochiel, Alexander M^cLood Advocate of Edinburgh, John Roy Stuart, Doctor Archibald Cameron, and divers others; all which Persons were employed by the said Eldest Son of the said Pretender in this Kingdom, in the said Rebellion, the said Simon Lord Lovat well knowing they were so severally employed.

"All which said Treasons and Crimes abovementioned were contrived, committed, perpetrated, acted, and done, by the said Simon Lord Lovat, against our said present Sovereign Lord the King, His Peace, Crown, and Dignity, contrary to the Duty of his Allegiance, and against the Laws and Statutes of this Kingdom.

"Of all which said Treasons and Crimes, the Knights, Citizens, and Burgesses, in Parliament assembled, do, in the Name of themselves and all the Commons of Great Britain, impeach the said Simon Lord Lovat.

"And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter any other Accusation or Impeachment against the said Simon Lord Lovat, and also of replying to the Answer which he shall make to the Premises, or any of them, or to any Impeachment or Accusation that shall be by them exhibited according to the Course and Proceedings of Parliament, do pray, that the said Simon Lord Lovat be put to answer all and every the Premises; and that such Proceedings, Examinations, Trial, and Judgement thereupon, may be had and used, as shall be agreeable to Law and Justice."

Which Articles being ended:

The Duke of Newcastle acquainted the House, "That the said Lord Lovat is already under Commitment for High Treason, in His Majesty's Tower of London."

Then the following Order was made:

Ld Lovat to be brought to the Bar.

"Whereas the Commons assembled in Parliament, having this Day exhibited to this House Articles of Impeachment of High Treason against Simon Lord Lovat: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Lovat be brought to the Bar of this House Tomorrow, at Two of the Clock in the Afternoon, to hear the said Articles read, and to abide such further Order as this House shall think fit to make concerning him.

"To Charles Lord Cornwallis, Constable of His Majesty's Tower of London; and in his Absence, to the Lieutenant of the said Tower, or his Deputy."

Evans against Blood.

Ordered, That the Cause wherein Richard Evans Gentleman is Appellant, and William Blood and others are Respondents, which stands for hearing this Day, be put off to Friday next.

Land Tax Bill.

Hodie 2^a 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 Fortyseven."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Wainhouse to take the Name of Emmott, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Wainhouse and his Heirs Male to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Spicer and Mr. Edwards:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Jovis, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Chitty against The Att. General.

The Answer of Sir Dudley Rider Knight, His Majesty's Attorney General, for and on the Behalf of His Majesty, to the Appeal of Joseph Chitty Esquire, was brought in.

Caryll & Ux. Petition referred to Judges.

Upon reading the Petition of John Caryll of Ladyholt, in the County of Sussex, Esquire, and Dorothy his Wife; praying Leave to bring in a Bill, for Sale of a competent Part of the Petitioners settled Estates in the said County, in the Petition mentioned, for satisfying Debts and Encumbrances:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Abney and Mr. Justice Birch; with the usual Directions, according to the Standing Order.

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 Forty-seven."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Lord Lovat brought to the Bar.

The Order being read, for bringing Simon Lord Lovat to the Bar of this House, to hear the Articles of Impeachment of High Treason, exhibited against him Yesterday by the House of Commons, read unto him:

The Entry in the Journal of this House, of the 10th of January 1715, in the Case of the Seven Lords then impeached of High Treason by the House of Commons, was also read.

And the said Lord Lovat was accordingly brought to the Bar, by the Deputy Gentleman Usher of the Black Rod; where he kneeled until the Lord Chancellor directed him to rise.

Then the said Articles of Impeachment were read unto him.

Which done; the Lord Chancellor asked him, "What he had to say thereunto?" And informed him, "That, if he had any Thing to request of the House, this was his proper Time."

Whereupon he acquainted the House with his Infirmities, occasioned by old Age; and particularly alleged his Deafness, that he could not hear what the Contents of the said Articles were. Wherefore, having a Petition prepared to make known to the House his Requests, he desired the same might be read.

Which, being delivered in, was read by the Clerk; and is as follows; (videlicet,)

His Petition, that he may have some Money from his Estate; that Counsel may be assigned him, &c.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Simon Lord Fraser of Lovat;

"Sheweth,

"That your Petitioner, by reason of his great Age, labours under many Infirmities and Weaknesses; and, being entirely ignorant of the Forms of Law and Method of Proceedings in this August Court, is unable to make any Defence, or give in a proper Answer to the Articles of Impeachment exhibited against him, without the Assistance of able Counsel and Solicitors.

"That your Petitioner, during his close Confinement in The Tower of London for now near Five Months, has not been able to obtain One Shilling, either out of his Estate or otherwise; which has been occasioned, as your Petitioner has been informed, by some Grants of a very extraordinary Nature, and which your Petitioner hopes shall never again in this Island be drawn into Precedent; authorizing and empowering other Persons, Strangers to your Petitioner, to take Possession of his Estate, and to levy the Rents thereof; whilst such as had in their Hands any Money or Effects of your Petitioner's were prohibited and restrained from paying any Part thereof to your Petitioner or his Order.

"That your Petitioner applied several Times to One of His Majesty's Principal Secretaries of State, complaining of the Hardships your Petitioner suffered by Means of such Proceedings; and your Petitioner is informed that Two several Orders were made thereupon, in order to remove the said Prohibitions and Restraints, and to recall the said Powers so granted as above; but, notwithstanding thereof, your Petitioner is still in the same deplorable Circumstances, without any Money even to procure him the common Necessaries of Life; and is wholly indebted to General Williamson for his Support.

"That your Petitioner, when he was apprehended by a Party of His Majesty's Troops in Scotland, had, in his Strong Box, Money and Jewels to the Amount of Seven Hundred Pounds and upwards; which they seized and retain, insisting the same is a lawful Prize.

"Your Petitioner therefore humbly prays, That your Lordships, moved by your innate Goodness, may be pleased to assign your Petitioner such and so many Counsel and Solicitors as your Lordships shall think proper: That your Petitioner may have a Copy of the Articles of Impeachment; and may not be ordered by your Lordships to begin and enter upon his Defence, while he remains stripped and deprived of all the necessary Means which the Law allows him for his Defence and Support; but that such a reasonable Time may be allowed your Petitioner, to prepare and put in his Answer, that he may be enabled to receive Money sufficient to retain and see his Counsel and Solicitors; without which, your Petitioner apprehends, he cannot have their Assistance and Advice; and that, for this Purpose, the Money and Jewels contained in the Strong Box, and unjustly taken as above, may be immediately restored to your Petitioner by your Lordships Order.

"And your Petitioner shall ever pray, &c.

"Lovat.

"The Counsel that Lord Lovat desires may be assigned are, Mr. Starkie, Mr. Forester, Mr. Ford, and Mr. Wilmot; and the Solicitors are, Mr. George Ross, Mr. Hugh Fraser, and Mr. Goostrey."

The Petition being ended; the said Lord Lovat was asked by the Lord Chancellor, "If he had any Thing further to offer?"

To which he answered in the Negative.

He was directed to withdraw.

Orders for Counsel, &c. to assist him; and for Papers, Witnesses, &c.:

And the House taking the Requests of the said Petition into Consideration:

Ordered, That the said Lord Lovat may have a Copy of the said Articles of Impeachment exhibited against him; and that he do put in his Answer thereunto, in Writing, on or before Tuesday the 13th Day of January next; and that Mr. Starkie, Mr. Forester, Mr. Ford, and Mr. Wilmot, the Counsel mentioned in the said Petition, be assigned to assist him in preparing his Answer, and likewise in his Defence, in Matters of Law; and that Mr. George Ross, Mr. Hugh Fraser, and Mr. Goostrey, be also assigned Solicitors for him, and that such Counsel and Solicitors may have Access to him at all seasonable Times; and that the said Lord Lovat have Liberty to cause Search to be made, and Copies of Records and Journals to be taken out, in order to his Defence; and that he shall have Summons issued for such Witnesses as he shall send in the Names of to be by him made Use of at his Trial; which Witnesses shall have the Protection of this House, for their safe coming and going, during the Time of the said Trial.

Ordered, That the Lord Chancellor do acquaint the Lord Lovat, "That it is expected by their Lordships, that he should send in the Names of such Witnesses as he shall desire to be summoned, as soon as he conveniently can; and that, in case he do not, he must not expect to be indulged with any further Delay on that account."

Order for him to receive the Rents of his Estate.

Ordered likewise, That the said Lord Lovat be permitted to receive the Rents and Profits of his Estate, by his Factors or Agents, in like Manner as if he was not under an Accusation of High Treason; and that His Majesty's Advocate for Scotland do take the proper Methods to carry this Order into Execution.

Then the said Lord Lovat was called in again; and the Lord Chancellor acquainted him with what the House had ordered.

And then he was a Second Time directed to withdraw.

Lord Lovat re-committed to The Tower;

Ordered, That the Lord Lovat do stand committed to His Majesty's Tower of London, to be there safely kept, in order to his Trial, till he shall be thence delivered by due Course of Law; and that no Person shall have Access to him without the special Leave of the House.

and Letters to be wrote to absent Lords.

Ordered, That the Lord Chancellor do write Letters to all the Lords who have not been present in the House either this Day or Yesterday, in the usual Manner, requiring their Attendance on the Service of this House (all Excuses set apart) on Wednesday the 21st Day of January next, on Occasion of the Proceedings now depending in this House against Simon Lord Lovat, who stands impeached by the House of Commons of High Treason.

Evans against Blood:

Whereas To-morrow is appointed, for hearing the Cause wherein Richard Evans Gentleman is Appellant, and William Blood and others are Respondents:

Hearing put est.

It is Ordered, That the Hearing of the said Cause be put off to the First Day for Causes after the Recess at Christmas; and that the Cause for that Day be removed to the next Cause-day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 23^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Carver & al. against Polhill & al.

The Answer of David Polhill Esquire and others, to the Appeal of Mary Carver Widow and others, was brought in.

Wood against Polhill & al.

As was also, the Answer of David Polhill Esquire and others, to the Appeal of William Wood Esquire.

Land Tax Bill:

Hodie 3^a 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 Fortyseven."

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. Sawyer and Mr. Montague:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

E. Leicester & al. Petition referred to Judges.

Upon reading the Petition of Thomas Earl of Leicester, Margaret Countess of Leicester his Wife, and Edward Coke Esquire, commonly called Edward Lord Coke, their only Son, and of Jane Dutchess of Argyll and Greenwich; praying Leave to bring in a Bill, for settling certain Estates of the said Earl of Leicester and Lord Coke, in the County of Norfolk, in the Petition mentioned, pursuant to an Agreement between the Petitioners, as in the Petition is expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Baron Reynolds; with the usual Directions, according to the Standing Order.

Carver & al. against Polhill & al.; and Wood against Polhill & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others Respondents; and also the Cause wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales, in his Robes, sitting in his Place on his Majesty's Right Hand; the Lords being also in their Robes; commanded the Deputy Gentleman Usher of the Black Rod 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; he, after a short Introduction in relation to the Land Tax Bill, delivered the same to the Clerk; who brought it to the Table; where the Title thereof was read by the Clerk of the Crown, as follows; (videlicet,)

Land Tax Bill passed.

"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 Forty-seven."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Lord Lovat's Petition, for further Time to answer, rejected:

A Petition of Simon Lord Fraser of Lovat was presented, and read; praying, "That he may be allowed to the First Day of February, for answering the Articles of Impeachment exhibited by the House of Commons against him; within which Time he hopes that the Care and Diligence of his Agents in Scotland will, notwithstanding the Season of the Year, furnish him with the Papers and Materials necessary for that End."

And thereupon Mr. George Ross, One of the Petitioner's Solicitors, being called in, and heard, at the Bar, touching the Contents of the said Petition:

He was directed to withdraw.

Ordered, That the said Petition be rejected.

To be brought to the Bar.

Ordered, That the Lieutenant of The Tower of London, or his Deputy, do bring the said Lord Lovat to the Bar of this House, on Tuesday the 13th Day of January next, at Two of the Clock in the Afternoon, in order to the putting in his Answer to the Articles of Impeachment of High Treason exhibited against him by the House of Commons.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum tertium diem Januarii Jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.