House of Lords Journal Volume 20: 9 May 1716

DIE Mercurii, 9 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Floyer to attend about signing Pitts' Appeal.

After reading the Order and Judgement of this House, made Yesterday, upon hearing the Cause wherein Mathew Pitts Esquire was Appellant, and George Page Respondent; Notice was taken, "That the said Appeal is signed by John Floyer, who did not appear as Counsel at the Bar; nor was he (as the Solicitor for the Appellant acknowledged at the Hearing) Counsel in the Cause in the Court of Exchequer:" And the House being moved, "That the said John Floyer may be required to attend this House, to give an Account concerning the signing the said Appeal:"

It is thereupon Ordered, That the said John Floyer do attend this House To-morrow, in order to be examined touching this Matter.

Message from H. C. with a Bill.

A Message from the House of Commons by Mr. Chetwyn and others:

With a Bill, intituled, "An Act to prevent the Mischiefs by manufacturing Leaves, or other Things, to resemble Tobacco; and the Abuses in making and mixing of Snuff;" to which they desire the Concurrence of this House.

Maxwell & Ux: Answer to Viscount Mountague's Appeal.

The Answer of Sir George Maxwell and Mary Viscountess Mountague his Wife being this Day put in to the Appeal of Henry Lord Viscount Mountague; the House was moved, "That it might be read."

And the same was read accordingly.

Then, a Petition of the said Sir George Maxwell and his said Wife, was presented to the House, and read; praying, "In regard the said Appeal is brought only for Delay, that a short Day may be appointed for hearing the Cause:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Sixteenth Day of this Instant May, at Eleven a Clock.

Hamilton versus University of Glasgow:

After hearing Counsel, upon the Petition and Appeal of James Hamilton of Dalziel Esquire, brought into this House the Eleventh Day of August last; complaining of an Interlocutor of the Lords of Session in Scotland, of the Twenty-fourth of July One Thousand Seven Hundred and Thirteen; and of an Interlocutor of the Lord Polworth, Ordinary in the Cause, of the Twenty-eighth of the same Month; and of that Part of the Interlocutor of the Lords of Session of the Thirty-first of the same Month, affirming the said former Interlocutors, and refusing the Desire of the Petitioner's Supplication; and likewise of the Interlocutors of the said Lords, of the Eighteenth of November following, and of the Ninth and Twentyeighth of July One Thousand Seven Hundred and Fifteen, on the Behalf of Sir John Maxwell of Pollock, and several other Members of the University of Glasgow; and praying, "That the same may be reversed; and that this House will give the Petitioner such Relief as to their Lordships shall seem meet:" As also upon the Answer of the Principal, Masters, and Professors of the said University, put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors complained of in the said Appeal, be, and are hereby, reversed: And it is further Ordered and Adjudged, That the Appellant admit such proper Person for Tenant as the Respondents shall nominate; and that the Appellant do accompt for the Profits of Lands of Sheils, and other mentioned in the said Appeal, which he received, or might have received without his wilful Default, from the Time the Respondents offered the Charter in the Year One Thousand Six Hundred Ninety-seven; deducting thereout the Year's Rent due for such Admission, and the Appellant's Costs in the Court below, and also Thirty Pounds for the Appellant's Costs of this Appeal; and further, that the Appellant have Allowance for all such Casualties as have incurred, if any, supposing Mrs. Herbertson had been admitted Vassal in the said Lands at the Time of the aforesaid Offer of Charter in the Year One Thousand Six Hundred Ninety-seven: And the said Court of Session is hereby ordered to cause the said Accompt to be taken; and full Costs to be assessed, sustained by the Appellant in the Court below.

Adjourn.

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