House of Lords Journal Volume 20: 12 January 1716

DIE Jovis, 12 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

King's Answer to Address:

The Lord Chancellor reported, "That the House, did Yesterday attend His Majesty, and presented their humble Address; to which His Majesty was pleased to give the following most Gracious Answer:

"My Lords,

"I thank you heartily for this dutiful and loyal Address: I depend entirely upon the Assurances you give Me; shall ever steadily pursue such Measures as may best support the Constitution in Church and State; and I doubt not but, by the Blessing of God and your Assistance, I shall defeat the Designs of our Enemies."

Address and Answer to be printed.

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

Mead excused from being Counsel for the impeached Lords.

A Petition of Samuel Mead Barrister at Law, was presented to the House, and read, praying, "That their Lordships will be pleased to discharge their Appointment of him, to be One of the Counsel for the Earl of Carnwath, the Viscount Kenmure, and the Lord Nairn, impeached by the Commons of High Treason, so far as it concerns him; and that he may not be named as One of the Counsel for the said Lords; he not having, on their or any of their Part, as yet had any Notice of the said Appointment."

Ordered, That the Petitioner be excused from being Counsel for the said Lords, according to the Prayer of the said Petition.

L. Widdrington, to have Counsel and a Solicitor.

A Petition of William Lord Widdrington, was presented to the House, and read; praying, "That Mr. Serjeant Comyns and Mr. Serjeant Darnell may be assigned him for his Counsel, and Mr. Joseph Taylor for his Solicitor; and that his said Counsel and Solicitor, or any of them, may have Liberty, from Time to Time, to have Access to him."

Ordered, That the said Mr. Serjeant Comyns and Mr. Serjeant Darnell be assigned Counsel for the Petitioner, and the said Mr. Joseph Taylor for his Solicitor, as desired; and that they, or any of them, from Time to Time, at all seasonable Hours, may have Admittance to him.

E. Derwentwater, Counsel and Solicitor.

Also, a Petition of James Earl of Derwentwater, was presented to the House, and read; with the same Prayer as the Lord Widdrington's.

And the like Order was made.

E. Winton, Persons allowed to visit him.

A Petition of George Earl of Winton, was presented to the House, and read; praying, "That he may have some further Time for nominating Counsel and a Solicitor to act for him; and, in the mean Time, to allow his Friends formerly named to have Access to him; he having caused Application to be made to Sir Thomas Powys and Mr. Mead to have appeared for him, but they both excused themselves."

Ordered, That the same Persons before allowed to go to the Petitioner have Leave to resort to him, at any seasonable Time, before Eleven a Clock To-morrow in the Forenoon, in order to the advising him in naming other Counsel, instead of those who have refused.

E. Nithisdale, to have Counsel and Solicitor.

A Petition of William Earl of Nithisdaill, was presented to the House, and read; praying, "That Sir Constantine Phipps and William Peer Williams Esquire may be assigned him for his Counsel, and Mr. Joseph Taylor for his Solicitor; and that his said Counsel and Solicitor, or any of them, may have Liberty, from Time to Time, to have Access to him."

Ordered, That the Counsel and Solicitor aforenamed be assigned the Petitioner, as desired; and that they, or any of them, may, from Time to Time, at all seasonable Hours, have Admittance to him.

Impeached Lords, further Time to answer.

Whereas, by Order of this House on Tuesday last, James Earl of Derwentwater, William Lord Widdrington, William Earl of Nithsdaill, George Earl of Winton, Robert Earl of Carnwath, William Viscount Kenmure, and William Lord Nairn, were to put in their respective Answers to the Articles of Impeachment of High Treason, exhibited against them by the House of Commons, on Saturday next:

The House being this Day moved, at the Request of the said Earl of Derwentwater and Lord Widdrington, "To grant them further Time to put in their Answers to the said Articles of Impeachment:"

It is Ordered, That all the said Lords abovementioned have hereby further Time allowed, to put in their respective Answers to the said Articles, till Monday next, at One a Clock.

Countess of Nithsdale, Leave to go to her Husband, if she will continue with him;

A Petition of Winifred Countess of Nithsdaill, was presented to the House, and read; praying, "In regard she is at present in such an ill State of Health, as not able to bear a close Confinement, that she may be permitted to go, from Time to Time, to her Husband the Earl of Nithsdaill, in The Tower, during his Consinement."

Ordered, That the Petitioner have Leave to go to her said Husband in The Tower, provided she will continue there during his Imprisonment; or otherwise not to have Admittance to him.

and Grant Leave to go to him, on the same Condition.

The House being moved, "That John Grant, Servant to the Earl of Nithsdaill, may Leave to go to his Master in The Tower:"

It is Ordered, That the said John Grant have Leave to go to his said Master in The Tower, provided he continues there in Custody with him.

Mr. Bailie, to go to the E. Carnwath.

The House being moved, "That Mr. Bailie of Gervase Wood, formerly allowed to have Access to the Earl of Carnwath and Viscount Kenmure in The Tower, may have now Leave to go to them:"

It is Ordered, That the said Mr. Bailie have Leave to resort to the said Earl of Carnwath and Viscount Kenmure, at any seasonable Time before Eleven a Clock in the Forenoon, To-morrow.

Col. Dalziel, to go to E. Carnwath.

A Petition of Robert Earl of Carnwath, was presented to the House, and read; praying, "In regard he has no other near Relation in London than Colonel Thomas Dalziel his Uncle, with whom he may advise under his present Misfortunes, that his said Uncle may have Access to him during so many Days as to this House shall seem meet."

Ordered, That the said Colonel Dalziel have Leave to resort to the Petitioner, at any seasonable Time before Eleven a Clock in the Forenoon, To-morrow.

Kirwan versus French.

A Petition and Appeal of John Kirwan Esquire, commonly called Sir John Kirwan, and Simon Kirwan Esquire, was presented to the House, and read; complaining of a Decree, or Decretal Order, made in the High Court of Chancery in Ireland, the 27th of June 1715, in a Cause wherein Christopher French Gentleman was Plaintiff, and the said John and Simon Kirwan and others Defendants; and praying, "That the same may be reversed; and, in order thereunto, that the said Christopher French may answer the said Appeal; and that the Service of the Order of this House on his Six Clerk in Chancery may be deemed good Service; and that all Proceedings may cease in the mean Time."

Time enlarged for receiving Appeals.

Ordered, That, in respect of the long Continuance of this Session, and the late Recess, this House will allow the same Times for receiving Appeals after the late Meeting, as from the Time of the Meeting of this House after Prorogations.

French to answer Kirwan's Appeal.

Ordered, That the said Christopher French may have a Copy of the aforementioned Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Twenty-third Day of February next; and that the Service of this Order on the Respondent's said Six Clerk shall be good Service; and that all Proceedings on the Decree complained of in the said Appeal be stayed in the mean Time.

Adjourn.

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