House of Lords Journal Volume 25: February 1737, 21-28

February 1737, 21-28

DIE Lunæ, 21^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Griffith to enter into Recognizance for Griffith;

The House being moved, "That John Griffith, of Suffolk Street, Vintner, may be permitted to enter into a Recognizance for Rees Griffith, on account of his Appeal depending in this House; he being One Hundred Miles distant:"

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

and Hickey for Lynch.

The like Motion and Order, for Joseph Hickey Gentleman to enter into a Recognizance for Francis Lynch; he residing in Ireland.

V. Lymerick's Pet. referred to Judges.

Upon reading the Petition of James Viscount Limerick in the Kingdom of Ireland; praying Leave to bring in a Bill, to empower him to make and grant Building Leases of certain Premises, in and adjoining to Dundalk, in the County of Lowth, in that Kingdom, for such a Term of Years as shall be thought reasonable; and to enable the respective Lessees to hold and enjoy the same; any Act of Parliament made in the said Kingdom to the contrary notwithstanding:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Dutch. Bucks against Sheffield & al.

A Petition of Charles Sheffield, Respondent to the Appeal of the Dutchess of Buckinghamshire and Normanby, was presented to the House, and read; praying, "In regard One of the Petitioner's Counsel is going the Circuit, that the hearing the said Appeal be put off to some further Time."

And thereupon the Agents on both Sides being called in, and heard at the Bar;

And the Appellant's Agent consenting:

Ordered, That the said Hearing be put off to Monday the 28th Day of March next.

Mason against Stoakes & al. et è contra.

Ordered, That the Cause wherein Charles Mason Esquire is Appellant, and Benjamin Stoakes and others are Respondents, which stands for an Hearing on Wednesday next, be put off to Friday; and the other Causes removed in Course.

Carey & Ux. Pet. referred to Judges.

Upon reading the Petition of George Cary Esquire and Anne Cary his Wife; praying Leave to bring in a Bill, for selling a competent Part of an Estate, in the County of Devon, in the Petition mentioned, in order to raise Money to discharge Debts and Encumbrances prior to the Petitioner's Marriage Settlement:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Moreau & al. to be added to Magen's Nat. Bill.

Upon reading the Petition of Ester Moreau, Albert Schaffer, David Palairet, Frederick Tench, and Stephen Solier; praying, "That their Names may be inserted in the Bill for naturalizing Nicholas Magens and others:"

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Then the Petitioners, at the Bar, took the Oaths of Allegiance and Supremacy, in order to their Naturalization.

Malt Bill.

The House (according to Order) was adjourned during Pleasure and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-seven."

After some Time, the House was resumed.

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

High Bailiff, &c. Attendance put off.

Whereas this Day was appointed, for the High Bailiff and High Constable of Westminster to attend, in relation to the neglect in causing the Order of this House, for preventing Stoppages in the Streets, to be better observed:

Ordered, That the said High Bailiff and High Constable do attend this House To-morrow.

Magens & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Nicholas Magens, John Timmerman, and Theodore Davel."

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 the usual Time and Place; and to adjourn as they please.

Ordered, That the Petition of Ester Moreau and others, which was ordered to lie on the Table till the said Bill was read a Second Time, be referred to the said Committee.

Pouchon & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Joseph Pouchon."

Ordered, That the said Bill be committed to 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.

Adjourn.

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

DIE Martis, 22^o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-seven."

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. Thomas Bennet and Mr. Edwards:

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

Bank of England against Morrice & al.

Upon reading the Petition and Appeal of the Governor and Company of the Bank of England; complaining of a Decree of the Court of Chancery, of the 6th Day of November last, but not passed till the 8th of this Instant February, made in a Cause wherein Catherine Morrice, Widow and Executrix of Humphry Morrice Esquire, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the said Catherine Morrice, also Ann Morrice, Judith Morrice, Elizabeth Morrice, Sir Thomas Lee, Thomas, William, and Ann Lee, Ann Sandes, John Claxton, Sarah Claxton, Brown Claxton, Ann Colemore, Stephen Ram, Isaac Milner, James Henckell, William Snelgrave, Robert More, and Mary his Wife, Elizabeth Cherrington, James Pearce, Theodosia Crawley, Joseph Gascoigne Nightingale, Dame Sarah Shaw, Mary Shaw, Jane Shaw, Richard Arnold, Thomas Grosse, George Coldham, Thomas White, Samuel Massie and Susannah his Wife, Mary Glover, Henry Voght, Elizabeth Grove, Richard Lechmere, John Lateward, Jonathan Smith, Hester Wickham, Peter de la Motte, Samuel Davenport, James Rutlin, Joseph Broad, Thomas Dinely, John Cooke, Ann Job, John Thompson, John Chapman, Benjamin Weale, Laurence Victorin, Francis Hayford, John Beardoe, Bearcroft Beardoe, Henry Sewdley, John Greaves, Thomas Hardwell, Abraham Rutland, Thomas Poole, Sherman Godfrey, Joseph North, Benjamin Weale, James Pearce, John Fell the Elder, and John Fell the Younger, may be ordered to answer the said Appeal; and that Service of such Order on their several Clerks in Court may be deemed good Service; and that the Appellants may be relieved in such Manner as to the Wisdom of this House shall seem meet:"

It is Ordered, That the several Parties 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 8th Day of March next; and that Service of this Order upon the Respondents Clerks in Court be deemed good Service.

Weale & al. against Morrice & al.

Upon reading the Petition and Appeal of Benjamin Weale in his own Right, Lawrence Victorin, and Francis Hayford, John Berdoe and Bearcroft Berdoe, Margaret Greaves Widow and Executrix of John Greaves deceased, Thomas Hardwell, Abraham Rutland, Sherman Godfrey, Joseph North, Benjamin Weale, and James Pearce, Executors of John Pearce deceased, Thomas White, Samuel Mascie, and Susannah his Wife; which said Thomas White and Susannah Mascie are the Executors of Richard Blinks deceased, John Fell the Elder and John Fell the Younger, Executors of John Rice, deceased; complaining of a Decree of the Court of Chancery of the 6th of November last, but not passed till the 8th Day of February Instant, made in a Cause wherein Catherine Morrice, as Executrix of Humphry Morrice Esquire, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the said Catherine Morrice, also Ann Morrice, Judith Morrice, Elizabeth Morrice, Sir Thomas Lee, Thomas, William, and Ann Lee, Ann Sandes, John Claxton and Sarah his Wife, Brown Claxton, Ann Colemore, Stephen Ram, Isaac Milner, the Governor and Company of the Bank of England, James Henckell, William Snelgrave, John Dagge, James Pearce, Jeremiah Pearce, Theodosia Crawley, Joseph Gascoigne Nightingale, Dame Sarah Shaw, Mary Shaw, Jane Shaw, Richard Arnold, Thomas Grosse, George Coldham, Mary Glover, Henry Voght, Elizabeth Grove, Richard Lechmere, John Lateward, Jonathan Smith, Hester Wickham, Peter De la Motte, Samuel Davenport, James Butlin, Joseph Broad, Thomas Dinely, John Cook, Ann Job, John Thompson, and John Chapman, may be ordered to answer the said Appeal; and that the Appellants may have such Relief as to the House shall appear just:"

It is Ordered, That the said several Parties 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 8th Day of March next; and that the Service of this Order on the Respondents Clerks in Court be deemed good Service.

Henckell & al. against Morrice & al.

Upon reading the Petition and Appeal of James Henckell, Mary Glover, and Henry Voght, William Snelgrave, James Pearce, in his own Right, and as Executor of Jeremiah Pearce deceased, Robert More and Mary his Wife Executrix of John Dagge deceased, and Elizabeth Grove Administratrix of Joseph Grove deceased; complaining of a Decree of the Court of Chancery, of the 6th of November last, but not entered till the 9th Day of February Instant; made in a Cause wherein Catherine Morrice was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the Money now in the Bank may be paid out to such of the Appellants respectively, in respect of whose Debts it was brought into Court, and the Plaintiffs Bill be dismissed, with Costs, as against the Appellants; and that the said Catherine Morrice, also Ann Morrice, Judith Morrice, Elizabeth Morrice, Sir Thomas Lee, Thomas, William, and Ann Lee, Ann Sandes, John Claxton, and Sarah his Wife, Brown Claxton, Ann Colemore, Stephen Ram, Isaac Milner, the Governor and Company of the Bank of England, Theodosia Crawley, Joseph Gascoigne Nightingale, Dame Sarah Shaw, Mary Shaw, Jane Shaw, Richard Arnold, Thomas Grosse, George Coldham, Thomas White, Samuel Massie and Susannah his Wife, Richard Lechmere, John Lateward, Jonathan Smith, Hester Wickham, Peter Delamotte, Samuel Davenport, James Butlin, Joseph Broad, Thomas Dinely, John Cooke, Ann Job, John Thompson, John Chapman, Benjamin Weale, Lawrence Victorin, Francis Hayford, John Beardoe and Bearcroft Beardoe, Henry Sewdley, Margaret Greaves Widow and Executrix of the said John Greaves since deceased, Thomas Hardwell, Abraham Rutland, Thomas Poole, Sherman Godfrey, Joseph North, John Fell the Elder and John Fell the Younger, may be ordered to answer the said Appeal; and that Service upon their respective Clerks in Court may be deemed good Service; and that this House will give the Appellants such Relief as to their Lordships shall seem meet:"

It is Ordered, That the several Parties 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 8th Day of March; and that the Service of this Order on the Respondents Clerks in Court be deemed good Service.

Crawley & al. against Morrice & al.

Upon reading the Petition and Appeal of Theodosia Crawley Widow, and Joseph Gascoign Nightingale Esquire; complaining of a Decree of the Court of Chancery, of the 6th of November last, but not entered till the 9th Day of February Instant, made in a Cause wherein Catherine Morrice Widow and Executrix of Humphry Morrice Esquire, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the Sum of One Thousand Five Hundred and Seven Pounds and Five Pence, paid by the Plaintiff into the Bank, may be paid to the Appellants; and that the Plaintiffs Bill may be dismissed, as against them, with Costs; and that the said Catherine Morrice, also Ann Morrice, Judith Morrice, and Elizabeth Morrice, Sir Thomas Lee Baronet, Thomas, William, and Ann Lee, Ann Sandes, John Claxton and Sarah his Wife, Brown Claxton, Ann Colemore, Stephen Ram, Isaac Milner, the Governor and Company of the Bank of England, James Henckell, Mary Glover, and Henry Voght, William Snelgrave, James Pearce, Robert More and Mary his Wife Executrix of John Dagge since deceased, Elizabeth Grove Widow and Administratrix of the said Joseph Grove, Dame Sarah Shaw, Mary Shaw, Jane Shaw, Richard Arnold, Thomas Grosse, George Coldham, Thomas White, Samuel Massie and Susannah his Wife, Richard Lechmere, John Lateward, Jonathan Smith, Hester Wickham, Peter Delamotte, Samuel Davenport, James Butlin, Joseph Broad, Thomas Dinely, John Cooke, Ann Job, John Thompson, John Chapman, Benjamin Weale, Lawrence Victorin, Francis Hayford, John Beardoe and Bearcroft Beardoe, Henry Sewdley, Margaret Greaves Widow and Executrix of the said John Greaves since deceased, Thomas Hardwell, Abraham Rutland, Thomas Poole, Sherman Godfrey, Joseph North, John Fell the Elder, and John Fell the Younger, may be ordered to answer the said Appeal; and that the Appellants may have such Relief as to the House shall appear just:"

It is Ordered, That the said several Parties 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 8th Day of March next; and that Service of this Order on the Respondents Clerks in Court be deemed good Service.

Hesketh & al. Pet. referred to Judges.

Upon reading the Petition of Martha Hesketh Widow, Thomas Hesketh, Robert Hesketh, Infants, by Amos Meredith Esquire, Thomas Case Esquire, Thomas Clayton Gentleman, John Atherton Merchant, and Alexander Radcliffe Gentleman, their Guardians appointed by the Will of their late Father Thomas Hesketh deceased; praying Leave to bring in a Bill, to enable the Guardians of the Petitioners the Infants to perform the Will of the said Thomas Hesketh, and make Leases for Lives in a settled Estate in the said County, in the Petition mentioned; and apply the Fines raised thereby, together with other Rents and Profits of the said Estates, to pay the Debts of the said Thomas Hesketh, in ease of an Estate devised by him to be sold:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Hephurne against Hepburne.

Upon reading the Petition and Appeal of James Hepburne Younger, of Humbie; complaining of divers Interlocutors of the Lords of Session in Scotland, the last dated the 11th of this Instant February, made on the Behalf of John Hepburne of Humbie; and praying, "That the same may be reversed; and that such other Relief may be afforded the Appellant as to the great Wisdom of the House shall seem proper:"

It is Ordered, That the said John Hepburne may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 22d Day of March next; and that Service of this Order on the Agent, or any of the Respondent's Lawyers in Scotland, be deemed good Service.

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 with His Officers of State; 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 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 Malt Bill to be passed, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title as follows:

Malt Bill passed.

"An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland, for the Service of the Year One Thousand Seven Hundred and Thirty-seven."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et 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:

Rawlinson High Constable of Westminster attached for neglecting the Order to prevent Stoppages.

And being informed, "That the High Bailiff of Westminster, not being yet recovered from his Illness, so as to be able to attend as ordered:"

His Deputy Mr. Baldwin, together with Mr. Rawlinson the High Constable, who attended, were called in.

And the said Baldwin acquainted the House, "That the proper Directions were given to the Constables to prevent Stoppages by Carts and Carriages; but he believed they did not do their Duty."

Then the High Constable being inquired of, "Why the Order of this House, to prevent the said Stoppages, was no better observed:"

He gave their Lordships an Account of what fresh and stricter Directions he had given to the Petty Constables; but believed the usual Number did not attend on their Duty on Saturday last; and that Three of them were at the Door.

Whereupon he and the Deputy to the High Bailiff were directed to withdraw.

And the Three Petty Constables attending were called in; and examined, as to what Directions they had received from the High Constable, and how and where they had put the same in Execution.

And then they were directed to withdraw.

Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said High Constable, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Hancock to enter into Recongnizance for Crawley & al.;

The House being moved, "That William Hancock Gentleman may be permitted to enter into a Recognizance for Theodosia Crawley and Joseph Gascoigne Nightingale, on account of their Appeal depending in this House; they being in the Country:"

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

Manan for Oshaghnessey;

The like Motion and Order, for Anthony Manan Gentleman to enter into a Recognizance for Joseph Oshaghnessy, on account of his Appeal depending in this House; he residing in Ireland.

and Ross for Couts.

The like Motion and Order, for Alexander Ross Gentleman to enter into a Recognizance for John Coutts and others, on account of their Appeal depending in this House; they residing in Scotland.

Causes put off.

Ordered, That the Cause wherein Charles Mason Esquire is Appellant, and Benjamin Stoakes and others are Respondents, which stands for an Hearing To-morrow, be put off to Friday next; and the other Causes removed in Course.

Adjourn.

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

DIE Jovis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Townley's Petition referred to Judges.

Upon reading the Petition of William Towneley, in the County Palatine of Lancaster, Esquire, and Cecilia his Wife; praying Leave to bring in a Bill, for settling the Estates in the Petition mentioned, pursuant to Agreements between them, as therein 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. Justice Denton; with the usual Directions, according to the Standing Orders.

Gallery in the House to be erected.

Ordered, That the Officers of His Majesty's Board of Works do forthwith take Care and give Order for the making a Gallery, over the Lobby Door, across the House, with Four Benches, according to the Plan laid before a Committee of Lords in the Year 1704; and that the said Officers take Notice thereof, for preparing the same, as from this Day; and that the Lord Chancellor do acquaint the Lord Great Chamberlain with it, and desire him to issue his Warrant to the said Officers of the Board of Works for erecting the same.

Mayor of Shrewsbury against Kynaston, in Error.

The Lord Chancellor, Lord Chief Justice of the Court of King's Bench, delivered in a Writ of Error, returnable into this House from the said Court, wherein the Mayor, &c. of Shrewsberry are Plaintiffs, and Corbet Kynaston is Defendant.

High Constable of Westminster to be brought to the Bar.

Upon reading the Petition of Arthur Rawlinson, High Constable of Westminster, in Custody of the Gentleman Usher of the Black Rod, for his Contempt, in neglecting to cause the Order of this House, to prevent Stoppages in the Streets, to be put in due Execution; expressing his Sorrow for falling under their Lordships Displeasure; acknowledging his Offence, and the Justness of their Resentment; promising, to the utmost of his Power, to do his Duty for the future; and praying to be discharged from his Confinement:

It is Ordered, That the Petitioner be brought to the Bar To-morrow, in order to his Discharge.

Harrison & al. Petition referred to Judges.

Upon reading the Petition of Thomas Harrison Gentleman, and others, whose Names are thereunto subscribed; praying Leave to bring in a Bill, to supply the Loss of a Deed of Release, dated the 29th Day of August 1678, in such Manner as to this House shall seem meet:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Cook's Petition referred to Judges.

Upon reading the Petition of Thomas Cook, of Ibworth, in the County of Glocester, Esquire; praying Leave to bring in a Bill, for vesting a Leasehold Estate at Abenhall, in the said County, in the Petitioner, discharged of the Trusts in a Deed made by his Father, in order to sell the same; and for settling other Estates in Lieu thereof:

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. Justice Denton; with the usual Directions, according to the Standing Orders.

Sir John Astley & al. Leave for a Bill to enclose Ibstock Commons:

Upon reading the Petition of Sir John Astley Baronet, Lord of the Manor of Ibstock, in the County of Leicester, Edmund Simpson Clerk, Rector of the Parish Church of Ibstock aforesaid, Samuel Bracebridge Esquire, and several other Persons thereunto subscribed, Owners and Proprietors of Lands and Common Right, in the Common Fields, Wastes, and Common Grounds, in the Manor and Township of Ibstock aforesaid:

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

Bill read.

Accordingly the Earl of Finlater presented to the House a Bill, intituled, "An Act for enclosing and dividing the Common Fields, Waste and Common Grounds, in the Manor and Township of Ibstock, in the County of Leicester."

Lords to be summoned; and Causes put off.

Ordered, That the Lords be summoned to attend the Service of this House To-morrow; and the Cause for that Day be put off to Monday, and the other Causes removed in Course.

Bance to enter into a Recognizance for the Bank;

The House being moved, "That John Bance Esquire may be permitted to enter into a Recognizance for the Governor and Company of the Bank of England, on account of their Appeal depending in this House:"

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

and Erskine for Elliot:

The like Motion and Order, for James Erskine Esquire to enter into a Recognizance for Thomas Eliot, on his Appeal; he being in Scotland.

Adjourn.

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

DIE Veneris, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Montgomery against Dodd & al. in Error.

Upon reading the Petition of Charles Dodd and Charles Dempsay; setting forth, "That the Petitioner Dodd, in the Name of the said Dempsy, as his Lessee, brought his Action of Ejectment, in the Court of Exchequer in Ireland, against one Hugh Montgomery, for Recovery of certain Premises in Question; and Judgement was given for the said Lessee, in Easter Term 1734; and, upon a Writ of Error brought into the Exchequer Chamber, the said Judgement was affirmed, in Trinity Term 1735; and that, further to delay the Petitioners, the said Montgomery sued out a Writ of Error, returnable before this House, but has not made any Step towards bringing the same to be argued;" and praying, "That he may be required to transcribe the Record, and procure the same to be brought in a Time to be limited:"

It is Ordered, That the said Hugh Montgomery do, within the Space of Five Weeks, procure the said Writ of Error to be brought into this House; and, in Default thereof, the Petitioners shall be at Liberty to take out Execution on the said Judgement, as if no such Writ of Error had been sued out; and that Service of this Order on the Attorney of the said Hugh Montgomery be deemed good Service.

Rawlinson, High Constable of Westminster, discharged.

Arthur Rawlinson, High Constable of Westminster, in Custody of the Gentleman Usher of the Black Rod, for his Contempt, in neglecting to cause the Order of this House, to prevent Stoppages in the Streets, to be put in due Execution, was (according to Order) brought to the Bar; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Trench's Petition referred to Judges.

Upon reading the Petition of Frederick Trench Esquire, Eldest Son and Heir of the Reverend John Trench, Dean of Rapho, deceased, for himself, and on the Behalf of his Two Sons, who are Infants; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of West Meath and Meath, in the Kingdom of Ireland, in order to discharge the Debts contracted for purchasing the same; and to restore certain Estates, in the Counties of Gallway and King's County, in the said Kingdom, to the Uses of the Petitioner's Marriage Settlement:

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

Motion for an Address to the King, to settle 100, 000l. per. Ann. on the Prince of Wales.

The House being moved, "That an humble Address be presented to His Majesty, to express the just Sense of this House, of His great Goodness and tender Regard for the lasting Welfare and Happiness of His People, in the Marriage of his Royal Highness the Prince of Wales: And, as this House cannot omit any Opportunity of shewing their Zeal and Regard for His Majesty's Honour, and the Prosperity of His Family, humbly to beseech His Majesty, that, in Consideration of the high Rank and Dignity of their Royal Highnesses the Prince and Princess of Wales, and their many eminent Virtues and Merits, He would be graciously pleased to settle One Hundred Thousand Pounds a Year on the Prince of Wales, out of the Revenues chearfully granted to His Majesty (for the Expences of His Civil Government, and better supporting the Dignity of the Crown, and for enabling His Majesty to make an honourable Provision for His Royal Family), in the like Manner His Majesty enjoyed it before His happy Accession to the Throne; and also humbly to beseech His Majesty to settle the like Jointure on her Royal Highness the Princess of Wales, as Her Majesty had when She was Princess of Wales: And to assure His Majesty, that this House will be ready to do every Thing on their Part to perform the same; as nothing will more conduce to the strengthening of His Majesty's Government, than honourably supporting the Dignity of their Royal Highnesses, from whom we hope to see a numerous Issue, to deliver down the Blessings of His Majesty's Reign to latest Posterity:"

The Duke of Newcastle signified to the House, That He was commanded by His Majesty to acquaint their Lordships, that His Majesty did, on Monday last, send a Message to his Royal Highness the Prince of Wales, by the Lord Chancellor, Lord President, Lord Steward, Lord Chamberlain, Duke of Richmond, Duke of Argyle, Earl of Pembroke, Earl of Scarbrough, Lord Harrington, and himself."

Which Message, so sent by those Lords, being in Writing, was read, as follows; (videlicet,)

"His Majesty has commanded us to acquaint your Royal Highness, in His Name, that, upon your Royal Highness's Marriage, He immediately took into His Royal Consideration the settling a proper Jointure upon the Princess of Wales; but His sudden going Abroad, and His late Indisposition since His Return, had hitherto retarded the Execution of these His gracious Intentions; from which short Delay, His Majesty did not apprehend any Inconveniencies could arise, especially since no Application had, in any Manner, been made to Him upon this Subject, by your Royal Highness: And that His Majesty hath now given Orders for settling a Jointure upon the Princess of Wales, as far as He is enabled by Law, suitable to her high Rank and Dignity; which He will, in proper Time, lay before His Parliament, in order to be rendered certain and effectual, for the Benefit of her Royal Highness.

"The King has further commanded us to acquaint your Royal Highness, that although your Royal Highness has not thought fit, by any Application to His Majesty, to desire that your Allowance of Fifty Thousand Pounds per Annum, which is now paid you by Monthly Payments, at the Choice of your Royal Highness, preferably to Quarterly Payments, might, by His Majesty's further Grace and Favour, be rendered less precarious; His Majesty, to prevent the bad Consequences which, He apprehends, may follow from the undutiful Measures which His Majesty is informed your Royal Highness has been advised to pursue, will grant to your Royal Highness, for His Majesty's Life, the said Fifty Thousand Pounds per Annum, to be issuing out of His Majesty's Civil List Revenues, over and above your Royal Highness's Revenues arising from the Dutchy of Cornwall; which His Majesty thinks a very competent Allowance, considering His numerous Issue, and the great Expences which do and must necessarily attend an honourable Provision for His whole Royal Family."

"And that to this Message his Royal Highness the Prince returned a verbal Answer; which, according to the best Recollection and Remembrance of the Lords, was in Substance as follows; (videlicet,)

"That his Royal Highness desired the Lords to lay him, with all Humility, at His Majesty's Feet; and to assure His Majesty, that he had, and ever should retain, the utmost Duty for His Royal Person: That his Royal Highness was very thankful for any Instance of His Majesty's Goodness to him or the Princess; and particularly for His Majesty's gracious Intention of settling a Jointure upon her Royal Highness: But that as to the Message, the Affair was now out of his Hands, and therefore he could give no Answer to it."

"After which, his Royal Highness used many dutiful Expressions towards His Majesty; and then added, Indeed, my Lords, it is in other Hands; I am sorry for it;" or to that Effect.

"His Royal Highness concluded, with earnestly desiring the Lords to represent his Answer to His Majesty in the most respectful and dutiful Manner."

Which Message and Answer being read by the Lord Chancellor;

And after long Debate upon the foregoing Motion:

The Question was put, "Whether such an Address shall be presented to His Majesty."

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because that this House has an undoubted Right to offer, in an humble Address to His Majesty, their Sense upon all Subjects in which this House shall conceive that the Honour and Interest of the Nation are concerned.

"2dly, Because the Honour and Interest of the Nation, Crown, and Royal Family, can be concerned in nothing more than in the having a due and independent Provision made for the First-born Son and Heir Apparent of the Crown.

"3dly, Because, in the late King's Reign, One Hundred Thousand Pounds a Year, clear of all Deductions whatsoever, was settled upon His present Majesty, when Prince of Wales, out of a Civil List not exceeding Seven Hundred Thousand Pounds a Year.

"4thly, Because His present Majesty had granted to Him by Parliament several Funds, to compose a Civil List of Eight Hundred Thousand Pounds a Year; which, we have very good Reason to believe, bring in at least Nine Hundred Thousand Pounds, and are more likely to increase than to diminish.

"5thly, Because, out of this extraordinary and growing Civil List, we humbly conceive, His Majesty may be able to make an honourable Provision for the rest of His Royal Family, without any Necessity of lessening that Revenue, which, in His own Case, when He was Prince of Wales, the Wisdom of Parliament adjudged to be a proper Maintenance for the Firstborn Son and Heir Apparent of the Crown.

"6thly, Because it is the undoubted Right of Parliament to explain the Intention of their own Acts, and to offer their Advice in Pursuance thereof; and though, in the inferior Courts of Westminster Hall, the Judges can only consider an Act of Parliament according to the Letter and express Words of the Act; the Parliament itself may proceed in a higher Way, by declaring what was their Sense in passing it, and on what Grounds, especially in a Matter recent, and within the Memory of many in the House as well as out of it.

"7thly, Because there were many obvious and good Reasons why the Sum of One Hundred Thousand Pounds per Annum for the Prince was not specified in the Act passed at that Time; particularly his being a Minor, and unmarried: But we do apprehend, that it is as obvious, that the Parliament would not have granted to His Majesty so great a Revenue above that of the late King, but with an Intention that One Hundred Thousand Pounds a Year should, at a proper Time, be settled on the Prince, in the same Manner as it was enjoyed by his Royal Father when He was Prince of Wales: And his Royal Highness being now Thirty Years old, and most happily married, we apprehend it can no longer be delayed, without Prejudice to the Honour of the Family, the Right of the Prince, and Intention of the Parliament: And, as in many Cases the Crown is known to stand as Trustee for the Public, upon Grants in Parliament; so we humbly conceive that, in this Case, according to the Intendment of Parliament, the Crown stands as Trustee for the Prince, for the aforesaid Sum.

"8thly, Because we do conceive that the present Princess of Wales ought to have the like Jointure that Her present Majesty had when She was Princess of Wales; and that it will be for the Honour of the Crown, that no Distinction whatsoever should be made between Persons of equal Rank and Dignity.

"9thly, Because we apprehend that it has always been the Policy of this Country, and Care of Parliament, that a suitable Provision, independent of the Crown, should be made for the Heir Apparent; that, by shewing him early the Ease and Dignity of Independence, he may learn, by his own Experience, how a great and free People should be governed.

"And as we are convinced in our Consciences, that, if this Question had been passed in the Affirmative, it would have prevented all future Uneasiness that may unhappily arise upon this Subject, by removing the Cause of such Uneasiness, and giving his Royal Highness what we apprehend to be his Right; we make Use of the Privilege inherent in Members of this House, to clear ourselves to all Posterity from being concerned in laying it aside.

"10thly, Lastly, We thought it more incumbent upon us to insist upon this Motion, for the Sake of this Royal Family, under which alone, we are fully convinced, we can live free; and under this Royal Family we are fully determined we will live free.

"Bedford.
Marlborough.
Winchilsea & Nottingham.
Berkshire.
Carteret.
Weymouth.
Cobham.
Bridgewater.
Bathurst.
Ker.
Suffolk.
Cardigan.
Chesterfield.
Coventry."

Causes put off.

Ordered, That the Cause wherein Charles Mason Esquire is Appellant, and Benjamin Stoakes and others are Respondents, which is appointed to be heard on Monday next, be put off to Wednesday; and the other Causes removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Mercurii, secundum diem Martii, hora undecima Auroræ, Dominis sic decernentibus.

Hitherto examined by us,

Portland.
Bridgewater.
Northampton.
Montagu.
Abingdon.
Oxford & Mortimer.
Bristol.
De Lawarr.