December 1742, 1-10
DIE Mercurii, 1o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Bedford.
Dux Marlborough.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
Comes Holderness.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Strange.
Ds. Conway.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Talbot.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
Tucker against The King, in Error:
Counsel (according to Order) were called in, to
be further heard, in the Cause, upon a Writ of Error,
wherein Richard Tucker Esquire is Plaintiff, and our
Sovereign Lord the King Defendant.
And the Second Counsel for the said Defendant
being fully heard;
And the First Counsel for the Plaintiff having replied:
The Counsel were all directed to withdraw.
And it being moved, "To reverse the Judgement
given in the Court of King's Bench:"
The same was objected to.
And, after Debate thereupon;
This Question was agreed to be put to the Judges;
(videlicet,)
Whether an Alderman of the Borough of Weymouth is a Burgess of the said Borough; and
is capable of being put in Nomination, in
order to be Mayor of the said Borough, by
virtue of the Charter of the 14th Year of the
Reign of King James the First?"
Then the Judges present, being directed to deliver
their Opinions, with their Reasons, seriatim, upon the
said Question.
They were all heard accordingly, beginning with the
Junior; and declared their Opinion to be, "That an
Alderman was a Burgess, but not to be considered as
capable of being put in Nomination to be Mayor."
Next, the Judges were directed to deliver their
Opinions on this Question; (videlicet,)
"Whether the Rejoinder is a Departure from the
Plea in Bar; and what is the Consequence
thereof, in Point of Law, upon this Record?"
Who having conferred together; the Lord Chief Justice of the Court of Common Pleas acquainted the House,
That they were unanimously of Opinion, that this is
no Departure in Pleading, and cannot be at all material in the present Case."
Then, after further Debate;
The Question was put, "Whether the said Judgement shall be reversed?"
It was Resolved in the Negative.
After which, the following Order and Judgement was
made; (videlicet,)
Judgement affirmed.
"After hearing Counsel, as well Yesterday as this
Day, to argue the Errors assigned upon a Writ of Error
brought into this House the 24th Day of May last,
wherein Richard Tucker Esquire is Plaintiff, and our Sovereign Lord the King Defendant, in order to reverse
a Judgement given in His Majesty's Court of King's
Bench for the said Defendant; and the unanimous Opinion of the Judges present having been delivered upon
certain Points of Law to them proposed; and due Con
sideration 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 Judgement,
given in the said Court of King's Bench for the
said Defendant in Error, be, and the same is hereby,
affirmed; and that the Record be remitted."
The Tenor of which Judgement, to be affixed to
the Transcript of the Record to be remitted,
follows:
"On which Day, before our said Lord the King and
the Peers of this Realm, assembled in this present
Parliament, at Westminster aforesaid, come, as well the
aforesaid Richard Tucker in his proper Person, as the
aforesaid Coroner and Attorney of our now said Lord
the King, in the Court of our said Lord the King,
before the King Himself: Whereupon, as well the
Record and Process aforesaid, and the Judgement
thereupon given, as the Causes assigned for Error,
being seen and examined, by the Court of Parliament
aforesaid, it is considered, by the said Court of Parliament, That the Judgement aforesaid in all Things
affirmed; and that the Record aforesaid be remitted
into the Court of our said Lord the King, before the
King Himself, that Execution may be thereupon had
for our said Lord the King."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 7o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
(fn. 1) Epus. Cicestriens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Gower, C. P. S.
Dux Dorset, Senescallus.
Dux Bridgewater.
March. Lothian.
Comes Lincoln.
Comes Suffolk.
Comes Anglesey.
Comes Shaftesbury.
Comes Coventry.
Comes Home.
Comes Findlater.
Comes Ilay.
Comes Aylesford.
Comes Fitzwalter.
Comes Wilmington.
Comes Offord.
Viscount Townshend.
Viscount Lymington.
Viscount Torrington. |
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley.
Ds. Hervey.
Ds. Somerville.
Ds. Masham.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Raymond. |
PRAYERS.
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-three;" to which they
desire the Concurrence of this House.
Vialars & al. Nat. Bill:
A Message was brought from the House of Commons,
by Sir Thomas Drury and others:
With a Bill, intituled, "An Act for naturalizing
Daniel Vialars and Peter Thomegay;" to which they
desire the Concurrence of this House.
The said Bills were both read the First Time.
Demarin & al. to be added;
Upon reading the Petition of John Lewis Demarin
and Daniel Lagier Lamotte; praying, "That their
Names may be inserted in the said Bill:"
It is Ordered, That the said Petition do lie on the
Table, till the Bill be read a Second Time.
Chassereau to be added.
Upon reading the Petition of Francis Chassereau;
praying likewise, "That his Name may be inserted in
the same Bill:"
It is Ordered, That the said Petition do lie on the
Table, till the Bill be read a Second Time.
Egar to enter into Recognizance for Magenis;
The House being moved, "That Peter Egar may be
permitted to enter into Recognizance for Arthur Magenis Esquire, on account of his Appeal depending in
this House; he being in Ireland:"
It is Ordered, That the said Peter Egar may enter
into a Recognizance for the said Appellant, as desired.
Lally also for Moore.
The like Motion and Order, for Nehemiah Lally to
enter into a Recognizance for Michael Moore Esquire, on
account of his Appeal depending in this House; for a
Reason of the same Nature.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Decembris, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 9o Decembris.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Lincoln.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Devon.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Cardigan.
Comes Anglesey.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Ker.
Comes Fitzwalter.
Comes Wilmington.
Viscount Townshend.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley Str.
Ds. Haversham.
Ds. Somerville.
Ds. Bathurst.
Ds. Romney.
Ds. Walpole.
Ds. Raymond.
Ds. Fitzwilliam. |
PRAYERS.
Proceedings of the Commissioners for Westminster Bridge, delivered.
The House being informed, "That Sir Joseph Ayloffe,
from the Commissioners for building a Bridge at
Westminster, attended:"
He was called in; and delivered, at the Bar, pursuant
to the Directions of several Acts of Parliament,
"A State of the Proceedings of the said Commissioners, from November 24th 1741, to November 3d
1742 (both inclusive)."
Also, "Contracts made by the said Commissioners,
during that Space of Time."
And also, "Accompts of the Treasurer to the said
Commissioners, from the 29th September 1741, to 29th
September 1742."
And then he was directed to withdraw.
And the Titles of the said Proceedings, Contracts,
and Accompts, being read by the Clerk:
Ordered, That the same do lie on the Table.
Land Tax Bill.
Hodie 2a 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 Fortythree."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
E. Anglesey against Annesley.
The House was moved, "That the Hearing of the
Cause wherein Richard Earl of Anglesey is Appellant,
and Charles Annesley Esquire Respondent, which stands
appointed for Wednesday next, may be put off to the
First vacant Day for Causes after Christmas, in regard
the necessary Papers relating to the said Cause are
not yet brought from Ireland."
And thereupon the Agents on both Sides being
called in, and heard at the Bar:
They were directed to withdraw.
Ordered, That the said Hearing be put off accordingly.
Demarin & al. to be naturalized, take the Oaths.
John Lewis Demarin, Daniel Lagier Lamotte, and
Francis Chassereau, took the Oaths appointed, in order
to their Naturalization.
Vialars & al. Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing Daniel Vialars and Peter Thomegay."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. Steward.
D. Devon.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Cardigan.
E. Anglesey.
E. Coventry.
E. Findlater.
E. Ilay.
E. Fitzwalter.
Vis. Townshend.
Vis. Falmouth. |
L. Bp. Lincoln.
L. Bp. Rochester.
L. Bp. Sarum.
L. Bp. Exon.
L. Bp. St. Asaph.
L. Bp. Norwich. |
L. Delawarr.
L. Willoughby Par.
L. Poulet.
L. Strange.
L. Berkeley Str.
L. Haversham.
L. Somerville.
L. Bathurst.
L. Romney.
L. Walpole.
L. Raymond.
L. Fitzwilliam. |
Their Lordships, or any Five of them; to meet
at the usual Time and Place, on Monday next;
and to adjourn as they please; and that the
Petitions of the several Persons, praying to be
added to the said Bill, be referred to the same
Committee.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.