Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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February 1734, 1-10
DIE Veneris, 1o Februarii.
L. Willoughby of Parham brings his Writ to the Table:
His Majesty's Writ of Summons to Parliament, directed to Hugh Willoughby of Parham, in the County of Suffolk, Chevalier, being by him brought to the Table, in order to his taking his Seat and Place in this House as Lord Willoughby of Parham:
Henry Willoughby's Petition, claiming the Title.
"That, in May last, your Petitioner presented his humble Petition to His Majesty; setting forth, That Sir William Willoughby Knight was, by Letters Patent under the Great Seal of England, bearing Date 16th February in the First Year of King Edward the 6th, created Lord Willoughby of Parham, to hold to him and the Heirs Male of his Body.
"That William, Eldest Son of the said Lord Charles, died in the Life-time of his Father; but left Issue William his Son and Heir, who succeeded his Grandfather in the said Honour, and he and his Issue Male enjoyed the said Honour till the Year 1680; and then Charles Lord Willoughby, the last Heir Male of the Body of William, the First Son of Charles, died without Issue.
"And Thomas Willoughby, Son of Thomas, Fifth Son of the said Lord Charles, taking Advantage of the said Henry's Absence; thereupon claimed the said Honour, as next Heir Male, and was, in the Year 1680, admitted thereto; and he and his Heirs Male have enjoyed it ever since.
"That your Petitioner is Grandson and Heir to the said Henry, and lineally descended from Sir Ambrose Willoughby, 2d Son of Charles: Whereas the said Thomas, who claimed and was admitted to the said Honour in 1680, was only descended from Thomas, Fifth Son of the said Lord Charles.
"That Hugh Willoughby, Great Grandson and Heir of Thomas, who was admitted to the said Honour in 1680, was then an Infant under the Age of Twentyone Years, and has not been admitted to a Seat in the House of Peers; and thereupon your Petitioner prayed His most Sacred Majesty, to give Directions for a Writ of Summons to be issued to your Petitioner.
"Upon which, His Majesty was graciously pleased, on the 17th of the same Month, to refer the said Petition to Mr. Attorney or Mr. Solicitor General, to consider thereof, and report what may be fitly done therein; whereupon His Majesty would declare His further Pleasure.
"That, as soon as your Petitioner received His Majesty's said Order of Reference, he attended the then Attorney General; who appointed the 9th Day of June, to consider your Petitioner's Claim to the said Barony; and directed, that all Persons concerned should have Notice thereof; but, the said Hugh Willoughby, commonly called Lord Willoughby, being then in Parts beyond the Seas, as your Petitioner was credibly informed, could not serve him with Notice of the said Appointment.
"That, upon the said Lord Hugh Willoughby's Return into this Kingdom, and as soon as the present Attorney General was appointed, your Petitioner procured an Appointment from him, to consider your Petitioner's said Petition on the 21st of December last; a Copy whereof was duly served on the said Lord Hugh Willoughby, as by Affidavit appears; and your Petitioner attended Mr. Attorney General, pursuant to the said Appointment, in order to make out his Claim; but, the said Lord Hugh Willoughby nor any for him attending, Mr. Attorney General declined proceeding thereon: And thereupon your Petitioner renewed the said Appointment for the 11th Day of this Instant January, a Copy whereof was also duly served on the said Lord Hugh Willoughby, as by Affidavit also appears; and your Petitioner attended, pursuant to the said Appointment; but the said Lord Hugh Willoughby nor any for him attending, Mr. Attorney did not think fit to proceed thereon, but appointed your Petitioner to attend him the 18th Instant, declaring that he would then peremptorily proceed to hear your Petitioner's Proofs.
"That your Petitioner and his Counsel, as well as the Counsel for the said Lord Hugh Willoughby, attended Mr. Attorney General on the 18th Instant; and your Petitioner then laid some Part of his Proofs before him; and the 14th of February next was appointed, to proceed further therein; notwithstanding which, your Petitioner finds that the said Lord Hugh Willoughby, who is now come of Age, has applied to the Right Honourable the Lord High Chancellor of Great Britain, for a Writ of Summons to your Lordships House; but, before his Lordship would grant the same, his Lordship was pleased to direct, that your Petitioner should have Notice that such Application had been made, your Petitioner having entered a Caveat, to prevent such Writ issuing until your Petitioner's Claim should be determined; and your Petitioner thereupon waited on his Lordship, and acquainted him with the several Matters herein before set forth; but his Lordship was pleased to declare, that he could not refuse granting such Writ.
"In regard, therefore, that it was wholly owing to the Neglect of the said Lord Hugh Willoughby, in not attending Mr. Attorney General, pursuant to his Appointments as aforesaid, that your Petitioner could not sooner proceed in making out his Claim;
"Your Petitioner humbly prays your Lordships, that the said Lord Hugh Willoughby may not be admitted to take a Seat in your Lordships House, until your Petitioner's said Claim shall be determined; or that your Lordships will be pleased to make such other Order touching the Premises as (fn. 1) your Lordships, in your great Wisdom, shall seem meet.
L. Willoughby of Parham takes his Seat.
The said Hugh Lord Willoughby of Parham, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and then sat first in Parliament after the Death of his Father Charles Lord Willoughby of Parham.
Green against Pool:
After hearing Counsel, upon the Petition and Appeal of Charles Green Gentleman; complaining of an Order of Dismission of the Court of Exchequer, of the 9th of November 1732, made in a Cause wherein the Appellant was Plaintiff, and Elizabeth Pool, Executrix of Sir John Delavall Baronet, deceased, Defendant; and praying, "That the same may be reversed, and such other Order made for the Appellant's Relief as to this House shall seem meet:" As also upon the Answers of the said Elizabeth Pool put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order complained of in the said Appeal be, and is hereby, reversed: And it is further Ordered, That the Appellant be at Liberty to amend his Bill, by adding proper Parties, paying the Costs of the Day in the said Court of Exchequer.
DIE Lunæ, 4o Februarii.
Griel against Gansell.
Jackson against Francia.
Vernon & al. against the City of Dublin.
After hearing Counsel, upon the Petition and Appeal of John Vernon Esquire, Thomas Begg, Hugh Begg, John Maxfield, John Keating, Michael St. Lawrence, John Waring Junior, Anne Edwards, Jane Gaffney, Elizabeth Gallagher, Mary Bath, and Hester Bath; complaining of several Orders of the Court of Chancery in Ireland, of the 8th, 9th, 10th, and 11th of December, the 21st and 22d of January, 1731, and the 3d and 16th of March following, made in a Cause wherein the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and Humphry French Alderman, were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs; and that the Recognizance entered into by the Appellant Vernon and his Sureties, pursuant to an Order of the said Court, of the 28th of November 1729, may be vacated:" As also upon the Answer of the said Mayor, Sheriffs, Commons, Citizens, and Alderman, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Orders reversed, &c.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders complained of in the said Appeal be, and the same are hereby, reversed: And it is further Ordered, That the Respondents Bill in the said Court of Chancery be, and is hereby, dismissed, and the Injunction dissolved; and that the Recognizance aforementioned be, and is hereby, vacated.
Griel against Gansell.
Hepburne Rickart against E. Hopeton.
Baillie to enter into a Recognizance for Trotter.
The House being moved, "That Mr. Alexander Baillie, Solicitor for Henry Trotter of Mortounhall Esquire, may be permitted to enter into Recognizance for him, on account of his Appeal depending in this House; he being in Scotland:"
DIE Mercurii, 6o Februarii.
Cullen against Colhon.
Dutchess of Hamilton against Manby.
City of London against Perkins & al.
Upon reading the Petition and Appeal of the Mayor, Commonalty, and Citizens of the City of London; complaining of certain Proceedings, and of an Order and Decree of the Court of Exchequer, the Decree entered so lately as the 26th Day of January last, made in a certain Cause, wherein the Appellants were Plaintiffs, and Thomas Perkins and others Defendants; and praying, "That the Appellants may have Liberty to read the Depositions of John Green, Joseph Clements, Robert Hughes, and Francis Bancroft, who were examined in a Cause against Pallister and others; and also the Depositions of Robert Weston and Roger Dawson, and the said Joseph Clements, Robert Hughes, and Francis Bancroft, in a Cause against Pricket and others, who were also examined, in the said Cause against Pricket and others; all which said Witnesses are since deceased;" and further praying, "That the said Order and Decree may be reversed; and that the Relief by the Appellants Bill prayed may be decreed to them; or that they may be relieved in such other Manner as to this House shall seem meet:"
It is Ordered, That the Defendants in the said Cause may have a Copy or Copies of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 20th Day of this Instant February.
Chamberlain of London to enter into Recognizance for the City.
Collins, for Leave to publish a Book touching Baronies by Writ.
A Petition of Arthur Collins Esquire, was presented, and read; setting forth, "That he hath, with great Cost and Labour, made Collections, from Records, Manuscripts, and other Authorities, relating to Proceedings, Precedents, and Arguments, on Baronies by Writ, and other Honours, in which Proceedings and Precedents are some few Extracts of the Journals of this House; and the Petitioner, being unwilling to publish any Thing that may seem to interfere with their Lordships Privileges, humbly submits his Book to them, and prays their Permission to publish it."
Culliford and others, Petition referred to Judges.
Upon reading the Petition of William Culliford Esquire, Son and Heir of John Culliford Esquire deceased, who was Son and Heir of William Culliford Esquire deceased, and of Bates Glover Gentleman, and Elizabeth Glover his Wife, Elenora Culliford and Brandling Culliford Spinsters, the Three Daughters of the said John Culliford deceased; and also of William Culliford Gentleman, Younger Son of the said William Culliford deceased, and Uncle of the first-named William Culliford, for himself, and on the Behalf of William Culliford and Nicholas Culliford his Two Sons, who are both Infants; praying Leave to bring in a Bill, for Sale of the Manor and Capital Messuage, Farm, and Demesne Lands, of Encombe, in the County of Dorset; and to apply the Money arising thereby for discharging Incumbrances affecting the same:
Smith's Petition, for a Bill to pay Moreland's Debts, referred to Judges.
Upon reading the Petition of Thomas Smith Gentleman, Father and Guardian of Thomas Smith the Son, of the Age of Eight Years, or thereabouts; praying Leave to bring in a Bill, for confirming and establishing certain Indentures of Lease and Release, of the 15th and 16th Days of January last, so as effectually to enable the Trustees therein named to sell and convey the Manor or Lordship of Windleston, and divers Lands in the County of Durham, for Payment of Debts, and other Purposes in the Petition mentioned:
Lady Doneraile admitted in Forma Pauperis.
A Petition of Catherine Sarah Lady Doneraile in Ireland, by her next Friend, was presented, and read; praying, "That she may be admitted to prosecute her Appeal depending in this House, as a Pauper; and that she may be dispensed with from entering into a Recognizance according to the Standing Order; and that Mr. Solicitor General and Mr. Fazakerly may be assigned for her Counsel:"
And thereupon an Affidavit, made by the Petitioner, That she is not worth Five Pounds Sterling in any worldly Substance, save the Matter in Question, and except her Wearing Apparel; and that she has not made away with, or disposed of, any other Effects, to enable her to make the said Affidavit, being read:"
Parker's Petition referred to Judges.
Upon reading the Petition of George Parker, of Boringdon, in the County of Devon, Esquire, Francis Parker Esquire his Younger Son, and Jaqueté his Wife, Daughter of John Belfield Serjeant at Law, and of the laid John Belfield; praying Leave to bring in a Bill, to establish certain Articles of Agreement in the Petition mentioned, bearing Date the 14th Day of January last, for settling the Lands and Premises, in the said County of Devon, purchased by the Petitioner George Parker of Edward Blount Esquire deceased; and for other Purposes in the Petition expressed:
Baird to enter into a Recognizance for Cullen and others:
The House being moved, "That James Baird Esquire may be permitted to enter into a Recognizance for William Cullen and others, on account of their Appeal depending in this House; they residing in Scotland:"
Carr for Mr. Kerr and others.
Sommers against Goswill, et è contra.
Counsel were (according to Order) called in, to be heard, upon the Petition and Appeal of Nicholas Sommers, of the City of Exeter, Merchant; complaining of Part of an Order made by the late Lord Chancellor, the 18th of November 1732, upon rehearing of a Cause originally brought before the Master of the Rolls, wherein the Appellant was Plaintiff, and Dorothy Goswill Widow Defendant, et è contra: As also upon a Cross Appeal brought by the said Dorothy Goswill, whereunto the said Nicholas Sommers is Respondent.
Decree reversed in Part, and varied in Part.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order made by the late Lord Chancellor, whereby it is directed, "That, in taking of the Accompt directed to be taken by the Master of the Rolls, the Respondent Goswill should be at Liberty to produce the Note in Question, dated the 24th of May 1725, for £. 1016. 19 s. as Evidence before the Master, but not as conclusive Evidence," be, and is hereby, reversed: And also, that such Parts of the said Decree of the Master of the Rolls, whereby it is declared, "That the said Note ought not to be taken into the Accompt;" and whereby it is directed, "That the £. 570. 10s. brought into the Bank by the Appellant Sommers, should be placed out in purchasing South Sea Annuities, in the Name, and with the Privity, of the Accomptant General, he declaring the Trust subject to the Order of the Court," be, and the same are hereby, reversed: And it is hereby Ordered, That, in taking the said Accompt between the Appellant Sommers and Respondent Goswill, the Master is to state the Facts and Circumstances relating to the said Note specially, for the Judgement of the Court; and the said £. 570. 10 s. brought into the Bank as aforesaid, is to be paid out to the said Appellant, upon his giving Security in the like Sum, to be approved by the Master, to abide the Event of the said Accompt: And it is further Ordered and Adjudged, That so much of the said Decree as is not hereby reversed or varied be, and the same is hereby, affirmed.
Representation of the Board of Trade concerning the American Colonies.
Whereas To-morrow is appointed, for the House to be put into a Committee, to take into Consideration the Representation of the Commissioners for Trade and Plantations, prepared in Pursuance of an Address to His Majesty of the 13th of June last, for an Account of Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom:
DIE Veneris, 8o Februarii.
Countess of Kildare against Hopson.
The Answer of Richard Hopson Esquire, Administrator with the Will annexed of Sir Charles Hopson Knight deceased, to the Appeal of the Countess Dowager of Kildare and the Lady Catherine Jones, was brought in:
Paschall against Countess of Granville & al.
Halpenn against Lady Lawley.
E. of Broadalbane against Menzies.
Hoggan & al. against Wardlaw & al.
Upon reading the Petition and Appeal of John Hoggan, present Provost of the Borough of Kinghorn, Alexander Baxter Maltman, and Alexander Baxter Mariner, present Baillies of the said Borough, William Laverock Treasurer and Deacon of the Hammermen, John Sommerville, John Laverock, William Bruce, James Laverock, Thomas Sanders, John Sanders, James Gibson, and John Demperston, Counsellors of the said Borough, James Orrock late Deacon, James Waterstoun new Deacon, of the Incorporation of Cordners, Andrew Sanders Deacon of the Incorporation of Baxters, John Thompson late Deacon and David Thompson new Deacon of the Incorporation of Taylors, James Main Deacon of the Weavers, John Sanders Elder and George Wishart, Baxters, and George Ireland Clerk of the said Borough of Kinghorn; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 4th, 15th, and 26th of January last, made on the Behalf of William Wardlaw, Thomas Miller, John Wilson, Robert Aitken, Robert Bruce, David Gilchrist, Henry Miller, William Forrester, James Christie, Patrick Lindsay, Colonel James St. Clair, John Mitchell, James Birrell, David Gourlay, and Patrick Beatson; and praying, "That the said Interlocutors may be reversed:"
It is Ordered, That the said William Wardlaw, Thomas Miller, John Wilson, Robert Aitken, Robert Bruce, David Gilchrist, Henry Miller, William Forrester, James Christie, Patrick Lindsay, Colonel James St. Clair, John Mitchell, James Birrell, David Gourlay, and Patrick Beatson, 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 Friday the 8th Day of March next; and that Service of this Order upon the Agents or Procurators of the said Respondents in the Court below be deemed good Service.
E. Broadalbane against Menzies, &c.
Cullen & al. against Colquhoun.
Message from H. C. with a Bill.
Wollesthorpe Common Enclosure, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvoir Castle, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Lewis against Turner & al.
Counsel (according to Order) were called in, to be heard in the Cause wherein Percival Lewis is Appellant, and Elias Turner, Jacob Sawbridge, Sir George Caswall, Robinson Knight, and Henry Blunt (now Sir Henry Blunt Baronet), are Respondents:
DIE Sabbati, 9o Februarii.
Lewis against Turner et al.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Percival Lewis; complaining of a Decree of the Court of Exchequer, of the 19th of April 1733, made in a Cause wherein the Appellant was Plaintiff, and Elias Turner, Jacob Sawbridge, Sir George Caswall, Robinson Knight, and Henry Blunt (now Sir Henry Blunt Baronet), were Defendants; and praying, "That the said Decree may be reversed; and that the Appellant may have such Relief as to this House shall seem meet:" As also upon the Answer of the said Defendants put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, reversed; and that the stated Accompt between the Appellant and Respondents, of the 23d of December 1720, mentioned in the said Appeal, be, and is hereby, set aside: And it is hereby further Ordered, That the Deputy Remembrancer of the said Court of Exchequer do take an Accompt of the Dealings between the Appellant and Respondents; in taking which Accompt, the Respondents are to be charged with the Money received by them from the South Sea Company, upon the Pledge of the Appellant's First Subscription Receipt for £. 1000. numbered 748, in the Appeal likewise mentioned, and are to be allowed £. 10. per Centum by them paid thereon to the South Sea Company; and the Respondents are also to be charged with the Three Hundred Pounds South Sea Bond delivered by the Appellant to them, and Interest thereof; and likewise with the Dividends received upon Twelve Hundred and Fifteen Pounds South Sea Stock, transferred by the Appellant to the Respondents, and upon the Additions which have been made thereto, and the South Sea Annuities which have been the Produce thereof; and the said Deputy Remembrancer is to compute Interest for the Principal Money borrowed by the Appellant of the Respondents, until it shall appear that the same, or any Part thereof, hath been re-paid, and from such Time he is to carry on Interest for the Remainder of such Principal Money; and what hath been received by the Respondents is to be applied, first to the Payment of the Interest, and then of the Principal Money due to them; and both Parties are to produce, upon Oath, before the said Deputy, all Books, Papers, and Writings, in their Custody or Power, relating to the said Accompt; and are to be examined upon Interrogatories, as the said Deputy shall direct; and to have all just Allowances: And it is hereby further Ordered, That the Four Thousand Pounds brought into the said Court of Exchequer be applied to pay what, upon taking the said Accompt, shall appear to remain due to the Respondents; and the Surplus (if any) be paid to the Appellant: And upon Payment of what shall be so found due to the Respondents out of the Four Thousand Pounds, or if it shall not be sufficient for that Purpose; then, upon the Appellant's Payment of the Residue to the Respondents, they are to re-transfer to him, or as he shall direct, so much of the said Twelve Hundred and Fifteen Pounds South Sea Stock, and of the Additions which have been made thereto, as remains in Stock, and also such South Sea Annuities as have been the Produce of the Residue of the said Stock, and of the Additions made thereto; and likewise to acknowledge Satisfaction upon the Record of the Judgement by them obtained against the Appellant, at the Appellant's Charge: And it is hereby also Ordered, That the Injunction formerly granted by the said Court of Exchequer be revived and continued in the mean Time; but, in Default of the Appellant's Payment to the Respondents of what (if any Thing) shall be found due to them more than the said Sum of £. 4000. at such Time and Place as the said Court of Exchequer shall direct, the said Injunction is to be dissolved: And further, That the Respondents do pay to the Appellant his Costs of this Suit in the said Court, to the Time of the Decree, to be taxed by the said Deputy Remembrancer; and that the Consideration of the Costs of taking the Accompt hereby directed be reserved for the Determination of the said Court of Exchequer, after such Accompt shall be taken.