Journal of the House of Lords: Volume 21, 1718-1721. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 4o Augusti.
Bunbury & Ux. versus Bolton & al.
This Day was brought in the several Answers of Thomas Bolton of the City of Dublin Alderman, the Reverend Doctor John Bolton Dean of Derry, and Charles Bladen and Lettice his Wife, to the Petition and Appeal of Walter Bunbury of the City of Dublin Esquire and Dame Elizabeth Irwin his Wife.
E Clarendon's Privilege: Bunbury his Servant arrested.
A Complaint was made to the House, of a Breach of Privilege committed in Ireland by Samuel Adams, by causing Walter Bunbury, a menial Servant to the Earl of Clarendon to be arrested, and detained in Custody.
And thereupon the said Earl acquainted the House, That notwithstanding he had, upon the Submission of the said Adams, desired the Order last Session, for attaching him for the like Offence, might be discharged; yet the said Adams had caused the said Servant to be again arrested, as he was coming on Shipboard for this Kingdom."
Message from H. C. with a Bill.
Costigan versus Hickie.
A Petition and Appeal of Daniel Costigan; complaining of an Order and Decree of the Court of Chancery in Ireland, of the Twenty-seventh of November, and the Affirmance thereof the Thirty-first of January last, made on the Behalf of John Hickie; and praying, "That the same may be reversed," was presented to the House, and read.
Blake versus Blake.
After hearing Counsel in Part, upon the amended Petition and Appeal of Sibella Apolinea Blake and Jane Henrietta Barbara Blake, Infants, by Elizabeth Blake their Mother and Guardian; complaining of a Decree of the Court of Chancery in Ireland; as also upon the Answers of Robert Blake and Richard Blake put in thereunto:
DIE Sabbati, 5o Augusti.
Blake versus Blake.
After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of Sibella Apolinea Blake and Jane Henrietta Barbara Blake, Infants, by Elizabeth Blake their Mother and Guardian; complaining of a Decree of the High Court of Chancery in Ireland, of the Eighth of July, and the Affirmance thereof the Eleventh of November last, in a Cause wherein Robert Blake Esquire was Plaintiff, and the Appellants Richard Blake Esquire and others Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs;" As also upon the several Answers of Robert Blake and Richard Blake put in to the said Appeal; and due Consideration had of what was offered on either Side in the said Cause:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree and Assirmance thereof therein complained of be, and are hereby, affirmed: And it is further Ordered, That Elizabeth Blake, the Appellants Mother and Guardian, who has brought this groundless Appeal in their Name, do pay, or cause to be paid, to the Respondent Robert Blake, out of her own Pocket, the Sum of Fifty Pounds, for his Costs in respect of the said Appeal.
Adams' Petition concerning E. Clarendon's Complaint.
Upon reading the Petition of Samuel Adams of Symons Court in the County of Dublin Esquire, complained of Yesterday for a Breach of Privilege committed in Ireland, in causing Walter Bunbury, a menial Servant to the Earl of Clarendon, to be arrested and detained in Custody, in Behalf of himself and Seven fatherless Children of the late Captain Philip Wilkinson, who was killed in Spain, in the Service of the Crown; praying to be heard, by his Counsel, before any Order be made for discharging the said Bunbury, or taking the Petitioner into Custody; and that the Petitioner may have an Order for Witnesses to attend, on hearing the Matter of this Complaint.
Lostau's Nat. Bill.
DIE Lunæ, 7o Augusti.
Costigan versus Hickie.
The House (according to Order) resumed the adjourned Debate, which arose on Friday last, upon reading the Petition and Appeal of Daniel Costigan; complaining of an Order and Decree of the Court of Chancery in Ireland, of the Twenty-seventh of November, and the Affirmance thereof the Thirty-first of January last, in a Cause wherein John Hickie was Plaintiff, and the Appellant and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed:"
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Hickie may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Eleventh Day of September next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.
Motion for dispensing with Standing Orders relating to Appeals.
The House was informed, "That there were some Appeals brought in, the last Session of Parliament, which, by the Standing Orders of the Fifth of April 1720, requiring all Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, would be dismissed."
Carthtch versus Cook.
Public Credit, to restore, Bill.
With a Bill, intituled, "An Act for making several Provisions to restore the Public Credit, which suffers by the Frauds and Mismanagements of the late Directors of the South Sea Company and others;" to which they desire the Concurrence of this House.
Lostau, Nat. Bill.
DIE Martis, 8o Augusti.
Lostau, Nat. Bill:
The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, An Act for naturalizing James Lostau," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Message to H. C. that the Lords have agreed to it.
Public Credit to restore, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for making several Provisions to restore the Public Credit, which suffers by the Frauds and Mismanagements of the late Directors of the South Sea Company and others."
Proprietors of redeemable Debts against the Bill.
Standing Orders relating to Appeals dispensed with during this Session.
The House (according to Order) proceeded to take into Consideration the Motion made Yesterday, for dispensing with the Standing Orders of this House, of the Fifth of April 1720, requiring all Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament.
DIE Mercurii, 9o Augusti.
Sir William Seaton versus Seaton & al.
Upon reading the Petition and Appeal of Sir William Seaton of Pitmedden Baronet; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Fifth and Twenty-fifth of July and Twenty-third of November 1717, the Twentyeighth of February, the Ninth of June, the and Thirtieth Days of December 1720, the Tenth of February, the Tenth and Sixteenth Days of June, the Twenty-second and Twenty-ninth Days of July, 1721, made on the Behalf of Isabell and Jane Seatons, Alexander Seaton, and Dame Margaret Lauder the Petitioner's Mother; and praying, "That the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Isabell and Jane Seatons, Alexander Seaton, and Dame Margaret Lauder, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Sixth Day of September next; and that Service of this Order on the Agents, or Writers, of the said Respondents, in the said Court of Sessions in Scotland, be deemed good Service.
Proprietors of redeemable Debts, Petition concerning the Bill for restoring Public Credit.
The House being moved, "That the Petition of the Proprietors of the redeemable Debts, in Behalf of themselves and several Thousand other Persons interested therein, which was Yesterday offered to the House, and then ordered to lie on the Table, might now be read:"
And it being moved, "That the Order of the Day, for the Third Reading of the Bill, intituled, "An Act for making several Provisions to restore the Public Credit, which sussers by the Frauds and Mismanagements of the late Directors of the South Sea Company and others," might be read:
Public Credit, for restoring, Bill:
Message to H. C. that the Lords have agreed to it.
E. Clarendon's Privilege.
Ordered, That the Lords Committees for Privileges, to whom the Matter of the Complaint of a Breach of Privilege committed in Ireland, by Samuel Adams, in causing Walter Bunbury, a menial Servant to the Earl of Clarendon, to be arrested and detained in Custody, was referred, do meet on Monday next.
Blake versus Blake.
A Petition of Robert Blake Esquire, One of the Respondents to the Petition and Appeal of Sibella Apolinea Blake and Jane Henrietta Barbara Blake, Infants, by Elizabeth Blake their Mother and Guardian, was presented to the House, and read; setting forth, "That, upon hearing the said Cause the Fifth Instant, their Lordships were pleased to affirm the Decree complained of, and to order the said Elizabeth Blake to pay to the Petitioner the Sum of Fifty Pounds, for his Costs, out of her own Pocket; that the Petitioner served the said Order on the said Elizabeth, and demanded the said Costs, which she did not pay;" and praying, "in regard the Petitioner has been detained in England, to prosecute the said Appeal, upwards of Six Months, at great Expences, to grant him such Relief, in relation to the Payment of the said Costs, as to their Lordships shall seem meet."
And thereupon Michael Tuney was called in; and examined upon Oath, at the Bar, touching the Allegations of the said Petition; and delivered in a Letter of Attorney from the Petitioner, empowering him to receive the said Costs.
Appellant's Guardian attached, for Non-payment of Costs.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said Elizabeth Blake, for her Contempt, in not paying the said Costs, and keep her in safe Custody until she shall have paid the same; and this shall be a sufficient Warrant on that behalf.
DIE Jovis, 10o Augusti.
His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State (the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."
Then the Lord Chancellor, on his Knee, received Directions from His Majesty; who, at the same Time, delivered a Paper into his Lordship's Hand; and, being returned to his former Place at His Majesty's Right Hand, His Majesty spake as follows:
His Majesty's Speech.
"I am glad that the Business of this and the former Session is at length brought to such a Period, that I have now an Opportunity of giving you some Recess, after the great Pains you have taken in the Service of the Public.
"The common Calamity, occasioned by the wicked Execution of the South Sea Scheme, was become so very great, before your Meeting, that the providing proper Remedies for it was very difficult: But it is a great Comfort to Me, to observe, that Public Credit now begins to recover; which gives Me the greatest Hopes that it will be entirely restored, when all the Provisions you have made for that End shall duly be put in Execution.
"I have great Compassion for the Sufferings of the Innocent, and a just Indignation against the Guilty; and have readily given My Assent to such Bills as you have presented to Me, for punishing the Authors of our late Misfortunes; and for obtaining the Restitution and Satisfaction due to those who have been injured by them, in such Manner as you judged proper. I was, at the same Time, willing and desirous, by my free and general Pardon, to give Ease and Quiet to the rest of My Subjects; many of whom may, in such a general Infatuation, have been unwarily drawn in, to transgress the Laws.
"I return you My hearty Thanks, for the Supplies you have granted for the current Service of this Year; and particularly for your enabling Me to discharge the Debts and Arrears on the Civil List, and to make good the Engagements I was under for procuring Peace in the North, which, in all Probability, will now very soon be concluded: These Instances of your faithful Endeavours to support the Honour and Dignity of the Crown, at Home and Abroad, are fresh Marks of your Zeal and Affection to My Person and Government.
"I take this Opportunity of acquainting you, that we have renewed all our Treaties of Commerce with Spain, upon the same Foot as they were settled before the late War; which must necessarily prove an immediate and valuable Advantage to the Trade and Manufactures of this Kingdom.
"You are all sensible, that the Discontents, occasioned by the great Losses that many of My Subjects have sustained, have been industriously raised and inflamed by malicious and seditious Libels: But I make no Doubt but that, by your prudent Conduct in your several Countries, all the Enemies of My Government, who slattered themselves they should be able to take Advantage from our Misfortunes, and blow up the Sufferings of My People into popular Discontent and Disaffection, will be disappointed in their wicked Designs and Expectations."
"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Thursday the Nineteenth Day of October next, to be then here held: And this Parliament is accordingly prorogued to Thursday the Nineteenth Day of October next."