House of Lords Journal Volume 26: December 1743, 11-20

December 1743, 11-20

DIE Mercurii, 14^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Princess of Wales's Answer.

The Earl of Warwick reported, "That he and the Lord Fitzwilliam had (according to Order) attended her Royal Highness the Princess of Wales, to congratulate her on the joyful Occasion of her happy Delivery of a Prince; and that her Royal Highness was pleased to say, She returned the House of Lords her Thanks, for their kind Congratulation on this Occasion; and was extremely obliged to their Lordships for these Instances of their Duty to the King, and of their Regard to the Prince and her."

E. Breadalbane against Menzies & al.

Upon reading the Petition and Appeal of John Earl of Breadalbane and His Majesty's Advocate for Scotland; complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of July 1740, and of Parts of Interlocutors of the same Lords, of the 25th of June 1741, and 21st of December 1742; also of Part of another Interlocutor of the Lord Ordinary, of the 14th of June last, made on the Behalf of James Menzies and Angus Macdonald; and praying, "That the same may be reversed; and that the Appellants may have such Relief in the Premises as to the great Wisdom of this House shall seem meet:"

It is Ordered, That the said James Menzies and Angus Macdonald 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 Wednesday the 11th Day of January next; and that Service of this Order on their Agents or Procurators in the said Court of Session be deemed good Service.

Watson against Glass & al.

Upon reading the Petition and Appeal of Thomas Watson Writer to the Signet, as Trustee for George Hamilton of Reidhouse Esquire, Apparent Heir and Representative of the deceased Captain Thomas Hamilton of Reidhouse, his Grandfather; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 20th of July 1742, and of an Interlocutor of the Lords of Session, of the 15th of June 1743, and of another Interlocutor of the said Lords, of the 23d of November last, whereby they adhered to their former Interlocutor, made on the Behalf of John Glass of Sauchie, Thomas Glass Wright in Stirling, and the Sisters of the said Thomas Glass, Children to the deceased Mr. Adam Glass, sometime Minister of the Gospel at Aberlady, by Hellen Hamilton, only Daughter of the said deceased Captain Thomas Hamilton; and praying, "That the said Interlocutors may be reversed; and that the Appellant may have such other Relief as to the Wisdom of this House shall seem just:"

It is Ordered, That the said Thomas Glass and the other Parties last named 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 Wednesday the 11th Day of January next; and that Service of this Order on their Counsel or Agents in the said Court of Session be deemed good Service.

Smith against Wills & al.

Upon reading the Petition and Appeal of William Smith; complaining of a Decree of the Court of Exchequer in Ireland, of the 4th of July 1735, made in certain Causes, wherein Anthony Wills of Dublin in Ireland, deceased, was Plaintiff, and the Appellant Desendant, & è contra; as also of a Report of the Deputy Remembrancer of the said Court; and of a subsequent Order, or Decree, made on the 18th of February 1741; and praying, "That the last mentioned Decree, and all subsequent Proceedings thereupon, may be reversed and set aside; and that this House will be pleased to make such other Decree, for the Appellant's Relief, as to their Lordships shall seem meet; and that Josua and Joseph Wills and Hugh Kerr, in the Appeal named, may be required to answer the same:"

It is Ordered, That the said Josua and Joseph Wills and Hugh Kerr 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 Wednesday the 18th Day of January next; and that Ser vice of this Order on their respective Attornies in the said Court of Exchequer be deemed good Service.

Campbell & al. against Armstrong.

Upon reading the Petition and Appeal of Sir Duncan Campbell of Lochnell, Daniel Campbell of Shawfield, and Alexander M^cMillan Writer to the Signet; complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 19th of December 1739, 22d of July and 19th of December 1740; and also of Two Interlocutors of the Lords of Session, of the 3d and 15th of December 1742, made on the Behalf of Edmund Armstrong of Kilcolgan; and praying, "That the said Interlocutors may be reversed, or varied; and that the Appellants may have such Relief as to the Wisdom of this House shall seem fit:"

It is Ordered, That the said Edmund Armstrong may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 11th Day of January next; and that Service of this Order on his Counsel before the said Court of Session be deemed good Service.

Adjourn.

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

DIE Veneris, 16^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Bath and Wells sworn.

This Day Edward Lord Bishop of Bath and Wells took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Beaufort's Petition, for a Bill of Divorce:

Upon reading the Petition of Henry Duke of Beaufort; praying Leave to bring in a Bill, for dissolving and making void his Marriage with Frances Scudamore, Daughter and only Child of James Lord Viscount Scudamore in the Kingdom of Ireland, the Petitioner's now Wife, he having already settled upon her all her own Estate; and for making and declaring all the Children which are, or shall be, born of her Body, since the 23d Day of June 1740, Bastards and illegitimate; and for enabling the Petitioner to marry any other Woman, as if she the said Frances was naturally dead:

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

Bill presented, and read; and Counsel to be heard:

Accordingly, the Lord Gower presented to the House a Bill, intituled, "An Act to dissolve the Marriage of Henry Duke of Beaufort with Frances Scudamore his now Wife, and to enable him to marry again; and for other Purposes therein mentioned."

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time, on the First Tuesday after the Recess at Christmas; and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned; and that the said Duke may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Frances may have a Copy of the said Bill, and Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill at that Time.

Witnesses to attend.

Ordered, That Sarah Hodges, John Pargiter, Alice Stiles, Anna Duffell, Richard Duffell, William Douglass, Thomas Bonham, John Pember, Thomas Garland, Robert Croucher, John Perfect, William Fidoe, Sidney Kennon, Sarah Porter, Robert Phillips, Francis Barnes, Elizabeth Franklyn, Robert Rivers, Charles White, Robert Box, Thomas Pritchard, James Phillips, William Shepherd, and John Milbourne, do attend this House, to be examined as Witnesses in relation to the aforementioned Bill, at the Second Reading thereof.

Jones & Ux. against Bennet & al.

Upon reading the Petition and Appeal of Jasper Jones Esquire and Frances his Wife; complaining of a Decree of the Court of Chancery, of the 28th Day of June 1742, made in certain Causes wherein John Bennett and Mary his Wife, and Henry Spencer and Anne his Wife, were Plaintiffs, and the Appellants Defendants; & è contra; so far as the same directs, "That certain Deeds of Lease and Release, in the Appeal mentioned, should be set aside, and delivered up to be canceled; and that the Appellants should convey certain Estates to the said Plaintiffs, and accompt for the Rents and Profits thereof;" and praying, That so much of the said Decree may be reversed, and such other Order made for the Appellants Relief as to the House in their great Wisdom and Justice shall seem meet; and that the said Plaintiffs, together with William Vade, Francis Leigh, Richard Leigh, Jasper Leigh Jones, Thomas Leigh of Farnham, Thomas Wildman and Dorothea his Wife, Fitzwilliam Plumtree, Sir Thomas Wynn, and William Faukes, may be required to answer the said Appeal:"

It is Ordered, That the said several Persons last named 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 30th Day of this Instant December.

Sir R. Mead against Webb.

Upon reading the Petition and Appeal of Sir Richard Mead of Ballintober in the County of Corke, in the Kingdom of Ireland, Baronet; complaining of a Decree of the Court of Exchequer in that Kingdom, of the 5th of July last, made in a Cause wherein Daniel Webb was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, That the said Daniel Webb may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 20th Day of January next; and that Service of this Order on his Attorney in the said Court of Exchequer be deemed good Service.

Devonsher against Henry & al.

Upon reading the Petition and Appeal of Jonas Devonsher, the surviving Executor of Abraham Morris, deceased; complaining of Decretal Orders made by the Court of Exchequer in Ireland, the 21st of May 1740, the 24th and 30th of June 1741; and also of the Proceeding of the said Court, on the 25th of July following, in refusing to make any Order, on the Appellant's Application, in a Cause wherein the Appellant and Jonas Morris were Plaintiffs, and the Executors of Hugh Mitchell and Henry Cairnes were Defendants; and praying, "That the same may be varied or reversed, and the Appellant otherwise relieved, as to the House shall seem just; and that Hugh Henry, John Harper, and Jane Finly, may be required to answer the said Appeal:"

It is Ordered, That the said Persons last named 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 20th Day of January next; and that Service of this Order on their respective Attornies in the said Court of Exchequer be deemed good Service.

Marshall & al. against Vaughan & al.

Upon reading the Petition and Appeal of Hugh Marshall, Son and sole Executor of Thomas Marshall deceased, John Marshall, John Sloan, and Elizabeth Sloan, otherwise Robinson, his Wife, Widow and Executrix of James Robinson deceased, Jane Weir, Margaret M^cGuffock Widow, John Gibson Son and Administrator of James Gibson deceased, James Gibson, William M^c Call, Jane M^cCormick Widow, James Lockhart, Archibald Lowrie, David Weir, John Allen and Mary Allen otherwise Neil, his Wife, Widow and Executrix of Hugh Neil, John Neil, Thomas Neil, Mary Neil Widow, Christopher Jordan, and James Mc Dowell, Assignees of William Barnett, James Burnes, James Parker, and Jane Parker otherwise Houston, Widow and Executrix of William Houston deceased, and Assignee of James Houston, John Morrison, James Todd, Joseph Mc Ilmeen, David Malcumson, Alexander Dowglass, John Weir, Patrick Mc Dowell, Thomas Martin, Joseph Kidd and William Kidd, Assignees of Isaac Kidd, John Willson, and Robert Winslow; complaining of a Decree of Dismission of the Court of Exchequer in Ireland, of the 18th of May 1743, made on the Behalf of John Vaughan, Ann Morris Jones, Nicholas Dromgoole, William Savage, and Rowland Burk; and praying, "That the said Decree may be reversed and set aside:"

It is Ordered, That the said Persons last named 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 20th Day of January next; and that Service of this Order on their respective Attornies in the said Court of Exchequer be deemed good Service.

Pendred & al. against Griffith & al.

Upon reading the Petition and Appeal of Cordelia Pendred Widow, Morley Pendred her Eldest Son, an Insant under the Age of Twenty-one Years, by the said Cordelia Pendred his next Friend, and John Hawkshaw Gentleman; complaining of certain Decretal Orders of the Court of Exchequer in Ireland, of the 11th of November 1736, and 8th of June 1741, made on the Behalf of James Carrol Griffith and Abdiel Edwards; and praying, "That the same may be reversed, and the Appellants otherwise relieved as to the House shall seem meet:"

It is Ordered, That the said James Carrol Griffith and Abdiel Edwards 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 20th Day of January next; and that Service of this Order on their respective Attornies in the said Court of Exchequer be deemed good Service.

Adjourn.

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

March the 12th, 1744, Hitherto examined by us,

Portland.
Warwick.
Shaftesbury.
Tho. Norwich.

DIE Lunæ, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Glenorchy to enter into a Recognizance for the E. of Breadalbane.

The House being moved, "That the Lord Glenorchy may be permitted to enter into a Recognizance for the Earl of Breadalbane, on account of his Appeal depending in this House; he being in Scotland:"

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

Calder against Provan.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Patrick Calder is Appellant, and Mary Provan Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Day for Causes after the Recess.

Land Tax Bill.

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

With a 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-four;" to which they desire the Concurrence of this House.

Lindegren & al. Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing Andrew Lindegren and Abraham Spalding, of London, Merchants;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Goddard to enter into a Recognizance for Sir R. Mead;

The House being moved, "That John Goddard Merchant may be permitted to enter into a Recognizance for Sir Richard Mead, on account of his Appeal depending in this House; he being in Ireland:"

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

Trevor for Marshall and others;

The like Motion and Order, for John Trevor Gentleman to enter into a Recognizance for Hugh Marshall and others, for a Reason of the same Nature.

Winthrop for Devonsher;

The like Motion and Order, for Stephen Winthrop Merchant to enter into a Recognizance for Jonas Devonsher, for a Reason of the like Nature.

and Gurnell for Pendred and others.

The like Motion and Order, for Jonathan Gurnell of London Merchant to enter into a Recognizance for Cordelia Pendred Widow and others, for a Reason of the like Nature.

Magenis against Magenis.

After hearing Counsel in Part, upon the Petition and Appeal of Arthur Magenis Esquire, to which John Magenis Gentleman is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 20^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Writs of Error brought up:

The Lord Chief Justice of the Court of King's Bench, (in the usual Manner) brought up Three Writs of Error; between

Crooke against Shone & al.

Moravia against Wintle & al.:

O'Hara against Trible.

Richard Crooke Plaintiff, and Peter Shone and others Defendants; and, Moses Moravia Plaintiff, and William Wintle and Soloman De Paz Defendants; and, Charles O'Hara Plaintiff, and John Trible Defendant.

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 Fortyfour."

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

Lindegren & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Andrew Lindegren and Abraham Spalding, of London, Merchants."

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

Their Lordships, or any Five of them; to meet To-morrow Morning, at Ten o'Clock, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Magenis against Magenis:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Arthur Magenis Esquire; complaining of an Order and Decree of the Court of Exchequer in Ireland, of the 5th of May 1737, made in a Cause wherein John Magenis Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the said Order and Decree might be reversed; and that the Bill exhibited by the said John Magenis might be dismissed with Costs, and the Appellant relieved in such Manner as to the Wisdom of this House should seem meet:" As also upon the Answer of the said John Magenis put in to the said Appeal; and due Consideration had of what was offered on either Side in this 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 said Order and Decree therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondent, the Sum of One Hundred Pounds, of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

Adjourn.

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