House of Lords Journal Volume 23: January 1728

January 1727

DIE Jovis, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Parliament proregued.

The Lord Chancellor acquainted the House, "That His Majesty had granted a Writ under the Great Seal, for further proroguing the Parliament."

Which was read, by the Clerk, as follows:

GEORGIUS R.

"Georgius Secundus, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Prædilectis et Fidelibus Nostris Prælatis, Magnatibus, et Proceribus Regni Nostri Magnæ Britanniæ, ac Dilectis et Fidelibus Nostris Militibus, Civibus, Burgensibus, et Commissionariis pro Comitat. et Burgis dicti Regni Nostri, ad Parliamentum Nostrum, apud Civitatem Nostram Westm. Undecimo Die Januarii prox. futur. tenend. convocatis et electis, et vestrum cuilibet, Salutem. Cum Nos, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magnæ Britanniæ ac Ecclesiæ concernentibus, dictum Parliamentum Nostrum Vicesimo Octavo Die Novembris ult. præterit. apud Civitatem prædictam teneri ordinaverimus; ac vobis, per separalia Brevia Nostra, apud Civitatem et Diem præd. interesse mandaverimus, ad tractand. consentiend. et concludend. super iis quæ in dicto Parliamento Nostro tune et ibidem proponerentur et tractarentur: Cum que Nos, per Breve Nostrum, certis de Causis et Considerationibus Nos ad hoc specialiter moventibus, dictum Parliamentum Nostrum, ab eodem Vicesimo Octavo Die Novembris, usque ad et in Undecimum Diem Januarii præd. duximus prorogand. ita quod nec vos, nec aliquis vestrum, ad dictum Vicesimum Octavum Diem Novembris, apud præd. Civitatem comparere teneamini seu arctemini; volentes vos, et quemlibet vestrum, inde erga Nos penitus exonerari; et, per idem Breve, vobis, et cuilibet vestrum, ad dictum Undecimum Diem Januarii, apud Civitatem præd. comparere et interesse nuperrime mandavimus, ad tractand. faciend. agend. et concludend. super iis quæ in dicto Parliamento Nostro contigerint ordinar, Quibusdam tamen certis urgentibus de Causis et Confiderationibus Nos ad hoc specialiter moventibus, dictum Parliamentum Nostrum, ab Undecimo Die Januarii præd. ufque Diem Martis, Vicesimum Tertium Diem Mensis Januarii præd. ult. duximus prorogand. ita quod nec vos, nec aliquis vestrum, ad dictum Undecimum Diem Januarii, apud Civitatem præd. comparere teneamini seu arctemini; volumus etiam vos, et quemlibet vestrum, inde erga Nos penitus exonerari; mandantes, et, Tenore Præsentium, firmiter injungendo præcipientes, vobis, et cuilibet vestrum, ac omnibus aliis quibus in hac Parte intersit, quod ad dictum Vicesimum Tertium Diem Januarii, apud præd. Civitatem Westm. personaliter compareatis et intersitis, et quilibet vestrum compareat et intersit, ad tractand. faciend. agend. et concludend. super iis quæ in dicto Parliamento Nostro, de communi Concilio dicti Regni Nostri, (favente Deo) contigerint ordinari.

Teste Meipfo, apud Westm. Vicesimo Secundo Die Decembris, Anno Regni Nostri Primo.

"Breve ad Parliamentum (de Secunda Summon.) prorogand.

"Per ipsum Regem; propria Manu signat.

"Bisse & Bray."

Anno Primo Georgii Secundi.

DIE Martis, 23^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Sir Daniel O Carroll versus Jervoise.

This Day the Answer of Thomas Jervoise Esquire, and Thomas Jervoise Gentleman, a Lunatic, by the said Thomas Jervoise Esquire, Father of the said Lunatic, and his Committee and next Friend, to the Appeal of Sir Daniel O Carroll Knight and Dame Elizabeth his Wife, was brought in.

The King present.

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; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come; the Lord Chancellor said,

Commons directed to choose a Speaker.

"My Lords, and Gentlemen,

"I am commanded by His Majesty to let you know, He will defer declaring the Causes of His calling this Parliament, till the House of Commons have first of all a Speaker; and that, therefore, it is His Majesty's Pleasure, that you, Gentlemen of the House of Commons, repair to the Place where you are to sit, and there proceed to the Choice of a proper Person to be your Speaker; and that you present such Person whom you shall so choose here, on Saturday next, at One a Clock, for His Majesty's Royal Approbation."

Then His Majesty was pleased to retire; and the Commmons withdrew.

The House was adjourned during Pleasure, for the Lords to unrobe.

The House was resumed:

PRAYERS.

Ld. Chancellor takes the Oaths.

The Lord Chancellor fingly, in the First Place, 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.

Return of Peers for Scotland.

After which, the Certificate of the Clerk of the Crown, of the Names of the Sixteen Peers, chosen, summoned, and certified, to sit and vote in this House, for that Part of Great Britain called Scotland, delivered in to this House the Twenty-eighth Day of November last, was, in Pursuance of the Direction mentioned in the Roll of Standing Orders, read.

Lords take the Oaths.

Then the Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

William Lord Archbishop of Canterbury.

Lancelot Lord Archbishop of York.

Thomas Lord Trevor, Lord Privy Seal.

Lionel Duke of Dorset, Lord Steward of His Majesty's Household.

Charles Duke of Richmond.

Charles Duke of St. Albans.

Charles Duke of Bolton.

John Duke of Rutland.

John Duke of Montagu.

James Duke of Montrose.

Henry Duke of Kent.

Peregrine Duke of Ancaster and Kesteven, Lord Great Chamberlain.

Thomas Holles Duke of Newcastle.

William Duke of Manchester.

John Marquis of Tweeddale.

Theophilus Earl of Huntingdon.

Thomas Earl of Pembroke and Montgomery.

Edward Earl of Warwick and Holland.

John Earl of Winchilsea.

Philip Earl of Chesterfield.

Robert Earl of Sunderland.

Nicholas Earl of Scarsdale.

Henry Earl of Clarendon and Rochester.

George Henry Earl of Litchfield.

Daniel Earl of Nottingham.

William Earl of Coventry.

George Earl of Cholmondeley.

John Earl of Rothes.

David Earl of Buchan.

Thomas Earl of Hadinton.

Hugh Earl of Loudoun.

James Earl of Findlater.

Charles Earl of Selkirk.

John Earl of Dunmore.

George Earl of Orkney.

Alexander Earl of Marchmont.

John Earl of Stair.

Henry Earl of De Loraine.

Archibald Earl of Ilay.

Edward Earl of Oxford and Earl Mortimer.

Thomas Earl of Strafford.

Henry Earl of Uxbridge.

John Earl of Bristol.

George Earl of Halifax.

Talbot Earl of Sussex.

Bennet Earl of Harborough.

Thomas Earl of Macclesfield.

Thomas Earl of Pomfret.

David Earl Graham.

Henry Viscount Lonsdale.

Henry Viscount Tadcaster.

Hugh Viscount Falmouth.

George Viscount Torrington.

Edmund Lord Bishop of London.

William Lord Bishop of Durham.

John Lord Bishop of Oxford.

Edward Lord Bishop of Litchfield and Coventry.

White Lord Bishop of Peterborough.

Thomas Lord Bishop of Ely.

Richard Lord Bishop of Lincoln.

Joseph Lord Bishop of Glocester.

Richard Lord Bishop of St. David's.

William Lord Bishop of Bristol.

William Lord Abergavenny.

John Lord Delawarr.

Hugh Lord Clinton.

Francis Lord Howard of Effingham.

William Ferdinand Lord Hunsdon.

Henry Lord Maynard.

William Lord Byron.

Charles Lord Cornwallis.

Charles Lord Lynne.

Francis Lord Guilford.

John Lord Ashburnham.

Henry Lord Herbert.

Maurice Lord Haversham.

Gilbert Lord Barnard.

George Lord Hay.

Thomas Lord Foley.

Allen Lord Bathurst.

Thomas Lord Onslow.

Charles Lord Cadogan of Oakley.

Adjourn.

Dominus Cancellarius declaravit præfens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum septimum diem instantis Januarii, hora duodecima; Dominis fic decernentibus.

DIE Sabbati, 27^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

William Duke of Devonshire, Lord President.

Charles Duke of Grafton, Lord Chamberlain.

Charles Duke of Somerset.

John Duke of Greenwich.

James Duke of Chandos.

Scroop Duke of Bridgewater.

Henry Earl of Lincoln.

John Earl of Leicester.

James Earl of Northampton.

Thomas Earl of Westmorland.

Charles Earl of Peterborow and Monmouth.

William Earl of Essex.

Richard Earl of Scarbrough.

Henry Earl of Grantham.

Francis Earl of Godolphin.

William Earl of Dartmouth.

William Viscount Hatton.

Henry Viscount St. John.

Richard Viscount Cobham.

Richard Lord Bishop of Winchester.

John Lord Bishop of Bath and Wells.

John Lord Bishop of Carlisle.

Edward Lord Bishop of Chichester.

Stephen Lord Bishop of Exeter.

Samuel Lord Bishop of Chester.

Francis Lord Bishop of St. Asaph.

Algernon Lord Percy.

Charles Lord Weston.

John Leveson Lord Gower.

Charles Lord Boyle.

Thomas Lord Montjoy.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

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; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come; Mr. Onslow said,

Mr. Onslow, Speaker of the House of Common, Speech.

"May it please Your most Excellent Majesty,

"The Commons of Great Britain, in Parliament assembled, having received Your Majesty's Commands to make Choice of One of their Members to be presented to Your Majesty for their Speaker, have, in Pursuance thereof, and according to their ancient Right, proceeded to an Election; and their Choice, Sir, is fallen on me, for that important Trust; but how proper a Choice, is now with Your Majesty to judge; and happy, Sir, is it for Your Commons, that Your Majesty's Disapprobation will give them an Opportunity to re-consider what they have done, and to make another Election, more worthy of them, and of Your Majesty's Approval: And that Your Majesty will be graciously pleased to shew this Indulgence to Your faithful Commons, am I, Sir, an humble Suitor to You, for their Sakes and my own, that their Debates, the Order, the Decorum, and the Dignity of their Assembly, and thereby the great Affairs of the Kingdom, may not suffer through my Inabilities; nor I sink under the Weight of so unequal a Burthen, but be left to perform my Duty to Your Majesty and the Public, in a Way more suited to my Capacity. But what, Sir, above all renders me most improper for this high Station, and creates the greatest Dread on my Mind, is my Unfitness to approach Your Sacred Person, and to represent Your Commons as they ought ever to appear before the Majesty of their Sovereign.

It is, Sir, for these Reasons, that I once more crave Leave to implore Your Majesty's Goodness, to command your Commons to do what they can very easily perform; to make Choice of another Person, more proper for them to present to Your Majesty on this great Occasion."

The Lord Chancellor, receiving Directions from His Majesty, said,

Mr. Onslow confirmed Speaker.

"Mr. Onslow,

I am commanded, by His Majesty, to acquaint you, that He well approves of the decent and modest Manner of excusing yourself; but doth not admit the Excuse; for, being perfectly satisfied with the Choice the House of Commons have made, His Majesty does allow and confirm you to be their Speaker."

Then Mr. Speaker said,

"Your Majesty having been pleased to approve the Choice Your Commons have made, is a Command upon me, and makes it my Duty to submit. I do, therefore, Sir, with all Thankfulness, acknowledge Your Majesty's Grace, in conferring this undeserved Honour upon me; and do here beg Leave to assure Your Majesty of my best Endeavours to discharge, if I cannot with Ability, yet with Impartiality and Uprightness of Heart, this great Trust, which the Commons have committed to me, and which has now received Your Royal Confirmation. And for my Encouragement herein, permit me, Great Sir, to beseech Your Majesty's Pardon on my Failings and Infirmities; at least, that Your Majesty will not impute them in any Wife to Your faithful Commons. And, that they may be the better enabled to do their Duty to Your Majesty and their Country, I do, in their Name, and on their Behalf, by humble Petition to Your Majesty, lay Claim to all their ancient Rights and Privileges; particularly,

That their Persons, their Servants, and their Estates, may be free from Arrests and all Molestations.

"That they may enjoy Freedom of Speech, for the better Management of their Debates; and have Liberty of Access to Your Royal Person, when Occasion shall require it.

"And that all their Proceedings may receive from Your Majesty the most favourable Construction."

The Lord Chancellor, by His Majesty's further Commands, said,

"Mr. Speaker,

His Majesty is graciously pleased to grant to the House of Commons all the Privileges you have asked in their Name, in the most full, ample, and beneficial Manner, they have been at any Time granted or allowed by any of His Royal Predecessors: And as to yourself, His Majesty is so entirely satisfied of your dutiful Affection to His Service, that He will, on all Occasions, make the best and most favourable Construction of all your Words and Actions, in the Execution and Performance of this great Trust, as Speaker of the House of Commons.

Then His Majesty was pleased to speak as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"It is a great Satisfaction to Me, that, at the meeting the First Parliament summoned and convened by My Authority, I am able to give you Hopes of seeing the public Peace and Tranquillity very soon restored. I very much wished that the First Period of My Reign might have been distinguished by putting an immediate End to the Troubles and Disorders of Europe, by a Reduction of some Part of My Forces, a Diminution of Taxes, and all the happy Consequences of an honourable and established Peace, to which My Endeavours have in no Manner been wanting, as far as was consistent with maintaining the Possessions, Rights, and Privileges, of My Kingdom; and, I promise Myself, not without great Probability of Success.

"I am very sensible of the disagreeable and uneasy Situation in which our Affairs have been for some Time; and have been extremely concerned to see many of the Inconveniencies of a War attending us, without any Opportunity of resenting the Injuries we sustained, or gaining any of those Advantages in Return, which the vigorous Prosecution of so just a Cause, and the Success of our Arms, might probably have secured to us.

But you are sufficiently apprized that Preliminary Articles for a general Pacification were some Time ago signed and accepted by the contracting Parties on both Sides; and although the Ratifications of them had been exchanged by Me and My Allies with His Imperial Majesty, the good Effects expected from them were retarded by the Refusal on the Part of Spain to execute some of the most material Points contained in them, and by Endeavours to alter and explain some Articles in such a Manner as immediately affected the Possessions and the just Rights of My Kingdom. I therefore, jointly with My Allies, declined exchanging the Ratifications of the Preliminaries with the Court of Spain; and rejected all such Propositions as were detrimental and injurious to My Honour, and the Interest of My People.

"By these Means, the Negotiations were unavoidably carried into a tedious Length; which I endured with the greater Patience, from an earnest Desire to procure to My Subjects a safe and honourable Peace, and to see the Tranquillity of Europe preserved and settled upon a solid and lasting Foundation: During which Time, I received from the Most Christian King and The States General the greatest Proofs of their Sincerity, and a Renewal of the strongest Assurances imaginable, that they would effectually make good all their Engagements in Support of the common Cause, and of our mutual Interests; and I am very glad that I can acquaint you, that our joint Endeavours have had so good an Effect, that, by the last Advices from Abroad, I have great Reason to hope that the Difficulties, which have hitherto retarded the Execution of the Preliminaries and the Opening of the Congress, will soon be entirely removed.

However, it will in the mean Time be absolutely necessary to continue, as our Allies have already resolved to do, the Preparations which have hitherto been our Security, and prevented an open Rupture in Europe, that we may not at once lose all the Advantages which our former Expences and Vigour have so nearly procured, by not being in a Condition, if that Necessity should unexpectedly be brought upon us, to vindicate our Honour, and affert our Rights: And you may depend upon it, that My First Care shall be, to reduce, from Time to Time, the Expence of the Public, as often and as soon as the Interest and Safety of My People will permit it.

The Preliminary Articles, and such other Treaties and Conventions as have not yet been communicated to Parliament, and which may without manifest Prejudice be exposed to public View, shall be laid before you.

Gentlemen of the House of Commons,

I have given Orders to the proper Officers, to prepare and lay before you Estimates of the Expences for the Service of the current Year; and you may be assured, that the Supplies, which I find Myself obliged to demand of you, shall as certainly, as they do exceed My Wishes and Inclinations, be employed solely for the Interest and Security of the Nation; and I make no Doubt, but that if any Method can be found out for raising the necessary Supplies, less grievous to My People than another, that will have the Preference in all your Deliberations.

I think myself obliged to recommend to you a Consideration of the greatest Importance; and I should look upon it as a great Happiness, if, at the Beginning of My Reign, I could see the Foundation laid of so great and necessary a Work as the Increase and Encouragement of our Seamen in general, that they may be invited, rather than compelled by Force and Violence, to enter into the Service of their Country, as often as Occasion shall require it; a Consideration worthy of the Representatives of a People great and flourishing in Trade and Navigation.

"This leads Me to mention to you the Case of Greenwich Hospital, that Care may be taken, by some Addition to that Fund, to render comfortable and effectual that charitable Provision for the Support and Maintenance of our Seamen, worn out and become decrepit by Age and Infirmities in the Service of their Country.

My Lords, and Gentlemen,

As I have great Hopes that a general Pacification will be now obtained, by a speedy Execution of the Preliminaries; I am satisfied that nothing will more effectually contribute to, and secure, this desireable End, than such an Unanimity, Zeal, and Dispatch of the Public Business in this Parliament, as may convince the World, that none among you are capable, out of any Views or Considerations whatsoever, to wish the Distress of their Country, or to give an Occasion, from the Prospect of Difficulties that may arise, and be fomented here at Home, to interrupt or disappoint our present promising Expectations: This it is in your Power to defeat; and this I depend upon, from your known Zeal and Affection to My Person and Government, and your hearty Concern for the Interest and Welfare of My People."

Which being ended; His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Poor's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the preventing of the Poor's being defrauded."

Ld. Wilmington introduced:

Sir Spencer Compton Knight of the Bath, being, by His Majesty's Letters Patent, dat. 8^o Die Januarii, 1^o Georgii 2^di Regis, created Baron of Wilmington, in the County of Sussex, was, in his Robes, introduced, between the Lord Abergavenny and the Lord Cornwallis, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.

His Lordship presented the said Letters Patent to the Lord Chancellor, on his Knee, at the Woolfack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius Secundus, Dei Gratia, Mag. Britann. Fran. & Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro Spencer Compton, Ch'r, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magnæ Britanniæ et Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloquium habere et Tractatum; quod quidem Parliamentum Nostrum abinde, per separalia Brevia Nostra, prorogatum suit usque ad (fn. 1) et in Vicesimum Tertium Diem inftantis Mensis Januarii prorogatum fuerat, apud Civitatem Nostram præd. ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

Teste Meipso, apud Westm. Decimo Tertio Die Januarii, Anno Regni Nostri Primo.

"Bisse & Bray."

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench.

King's Speech reported:

The Lord Chancellor reported His Majesty's Speech:

And the same being read by the Clerk:

Order for an Address of Thanks.

Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House, for His Majesty's most Gracious Speech from the Throne: To congratulate His Majesty, upon the Hopes of seeing the public Peace very soon restored: To acknowledge the same to be owing to His Majesty's Spirit and Resolution, tempered with an earnest Desire of procuring a general Tranquillity; and to the Union between His Majesty and His Allies: To express the Sense this House has of His Majesty's Concern for the late disagreeable Situation of Affairs; and declare our Opinion, how necessary it is to continue the Preparations that have brought us to so near a Prospect of Peace; and to enable His Majesty to defend the Rights of His Kingdom, if, contrary to Expectation, that Necessity should happen: To acknowledge His Majesty's Goodness, in His Care for reducing the Public Expence; and in acquainting the Parliament, that the Treaties shall be laid before us: To express a due Sense of His Majesty's Compassion for the Seamen: And to assure His Majesty, that this House will defeat the Expectations of those who would flatter themselves to find among His Subjects such as, wishing the Public Distress, would soment Difficulties at Home; and that we will endeavour to disappoint all such Designs, by Unanamity, Zeal, and Dispatch of the Public Business."

The Lords following were named a Committee, to prepare an Address pursuant thereunto; and report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.

After some Time, the House was resumed.

Address reported.

And the Lord Delawarr reported from the said Committee, "That they had prepared an Address accordingly, as follows:

"Most Gracious Sovereign.

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty the humble Thanks of this House, for Your most Gracious Speech from the Throne; and to congratulate Your Majesty, upon the great Hopes You have been pleased to communicate to us, of seeing the public Peace and Tranquillity very soon restored.

These, we must humbly acknowledge, are the happy Consequences of that Spirit and Resolution with which Your Majesty has asserted Your Rights, as Sovereign of this Kingdom, tempered with a noble Self-denial of all the Success and Glory that might attend Your Majesty's Arms in the Prosecution of a just and necessary War, when put in Balance with the Ease, Quiet, and Prosperity, of Your Subjects: It is a Disposition of Mind truly great in Your Majesty, a Prince so early initiated in the Art of War, and formed by Nature for the greatest Military Atchievements, to chuse rather to procure Peace for Your Subjects, than to lead them to Victories; and to adorn Your Reign with the sincere and grateful Acclamations of a happy People, rather than the Splendor of Triumphs.

"Your Majesty's tender and indulgent Care for the Welfare of Your Kingdom, has induced You to express so kind and affectionate a Concern for the late disagreeable Situation of Affairs, though occasioned by mere Necessity, which no human Prudence could have prevented; but whatever Inconveniencies have happened, they fall light upon us, when we observe, that Your Majesty, as a true Father of Your Country, feels every Uneasiness Your Subjects suffer: And as Your Majesty has justly rejected all Propositions that were detrimental and injurious to Your Honour and the Interest of Your People; we cannot doubt but Your Majesty's Endeavours, in Conjunction with Your Allies, to put an End to the Troubles and Disorders of Europe, will soon have the desired Success.

"The Nature of such Negotiations could not but carry them into that Length Your Majesty is graciously pleased to regret; and the Patience Your Majesty has had, solely from an earnest Desire to procure to Your Subjects a safe and honourable Peace, must, in Duty and Gratitude, animate the whole Nation with the most steady Zeal to exert itself, in vindicating Your Majesty's Honour, and defending the Rights of Your Crown: If, contrary to Expectation, the Day should come, when the Safety of Your People shall require stronger Remedies than Negotiations; we shall most chearfully in that Case, under God, depend upon Your Majesty's Valour and Conduct.

"We, therefore, humbly concur in Opinion with Your Majesty, of the absolute Necessity of supporting Your Allies, and promoting the mutual Fidelity, which we, with the greatest Satisfaction, observe between Your Majesty and them, by continuing the Preparations that have brought us to so near a Prospect of Peace, that Your Majesty, however unwilling, may not be unable to defend by Force those Rights we are persuaded will be maintained by amicable Measures.

"The gracious Assurances from Your Majesty, of Your Desire to reduce the Public Expence, and the full Conviction we have, that it will be managed with the utmost Care and Frugality, lay the greatest Obligations upon us, to do all in our Power to support the prudent and necessary Measures Your Majesty so steadily perseveres in, for the establishing a solid and lasting Peace.

"Your Majesty's Condescension, in acquainting Your Parliament that the Preliminary Articles, and such other Treaties and Conventions which without manifest Prejudice may be exposed to public View, shall be laid before us, is anticipating all we could reasonably ask of Your Majesty in the present Conjuncture.

"We have a fresh Instance of Your Majesty's early Application to prosecute the real Interest and peculiar Advantage of this Kingdom, by Your being graciously pleased to recommend to us so important a Work as that of the Increase and Encouragement of our Seamen. The Weight which the Naval Force of Great Britain has so lately and visibly had, in asserting the Honour of Your Majesty's Crown, and the Rights and Possessions of our Country, is too lively upon our Minds, for us not to enter with the greatest Willingness on a Deliberation so useful and necessary, that they may be invited into the Service by Means more suitable to the known Humanity and Tenderness of the Prince they are to serve, and to those Liberties they are to enjoy as well as defend, than the Methods hitherto used of Compulsion.

"We cannot give better Proofs of our Duty to Your Majesty, and Love of our Country, than by our Unanimity, Zeal, and Dispatch of the Public Business; and we hope this Parliament will convince the World, that none of Your Subjects are so weary of their own Happiness, as, out of Envy or Malice, to wish a public Distress, or to foment Difficulties at Home, in order to interrupt our present promising Expectations. We should look on such as Incendiaries unworthy of the Name of Britons; they would be detested at Home, and despised Abroad, even by those whose Cause they would serve; the just Indignation such an unnatural Temper would raise in the Hearts of all Your faithful Subjects, would necessarily incite them to the greater Zeal for Your Majesty's Service and Support of Your Government, upon which our happy Prospect of Peace and Prosperity does depend. And as we are deeply sensible of the Happiness we enjoy under the Best of Governments, administered by the Best of Kings; we will shew, that we know how to set a just Value on those Blessings, by admitting no other Contention amongst us, but who shall be most active and zealous in preserving them, and in promoting the Public Felicity, by rendering Your Majesty's Reign as easy and glorious to Yourself, as it is happy and advantageous to Your People."

Which Address, being read by the Clerk in Paragraphs, was agreed to.

Ordered, That the said Address be presented to His Majesty by the whole House.

Lords with White Staves to know when the King will be attended.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will be pleased to appoint, to be attended with the said Address.

Bp. of St. David's to preach the 30th Inst.

Ordered, That the Lord Bishop of St. David's be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Tuesday next, the Thirtieth Day of this Instant January.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Duke of Greenwich and Scroop Duke of Bridgewater came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; they having first severally delivered in Certificates of their receiving the Sacrament, to the Truth whereof Witnesses were sworn, and examined.

Also the Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Edward Earl of Sandwich.

William Anne Earl of Albemarle.

Heneage Earl of Aylesford.

William Lord Bishop of Norwich.

Robert Lord Bishop of Landaff.

Charles Lord Fitzwalter.

Robert Lord Bingley.

His Majesty to be attended with the Address.

The Lord Steward acquainted the House, the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended by this House, with their Address; and that His Majesty was pleased to appoint this Afternoon, at Two a Clock, at His Palace of St. James's."

E. of Strafford Versus Blakewey.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Earl of Strafford is Appellant, and William Blakewey is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Seventh Day of February next, at Eleven a Clock.

Rich versus Beaumont.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Aymor Rich Gentleman is Appellant, and George Beaumont Gentleman, Gertrude, Jane, Elizabeth, and Sarah Grammer, Infants, by their Guardians and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Ninth Day of February next, at Eleven a Clock.

Cause days appointed.

Ordered, That Mondays, Tuesdays, Wednesdays, and Fridays, be appointed Days for hearing Causes.

Sir Daniel O'Carrol, Leave to withdraw his Appeal.

Upon reading the Petition of Sir Daniel OCarroll and Dame Elizabeth his Wife, Appellants in a Cause depending in this House, to which Thomas Jervoise Gentleman, a Lunatic, by Thomas Jervoise Esquire his Father and Committee, is Respondent; praying Leave to withdraw their Appeal, the Matters in Difference being under a Compromise; but without Prejudice to the Petitioners presenting any new Appeals hereafter, as they shall be advised:

It is Ordered, That Leave be given to withdraw the said Appeal, according to the Prayer of the said Petition.

Middleton versus Roberts; et è contra.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Philip Middleton Merchant is Appellant, and John Roberts Esquire is Respondent; et è contra:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Tuesday the Sixth Day of February next, at Eleven a Clock.

Jones & Ux. versus Kenrick.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Jasper Jones Gentleman and Frances his Wife are Appellants, and John Kenrick Esquire, Executor of Sir William Cranmer deceased, is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Twelfth Day of February next, at Eleven a Clock.

Chesman & Ux. versus Namby:

The House being likewise moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein David Chesman and Elizabeth his Wife are Plaintiffs, and Margery Nainby Widow is Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Tuesday the Thirteenth Day of February next, at Eleven a Clock.

West versus Erisey and Barrable.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Mary West and Frances West, Infants, by John West Esquire their Father and prochein Amie, are Appellants, and Mary Erisey and Thomas Barrable, an Infant, by the said Mary Erisey his Guardian, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fourteenth Day of February next, at Eleven a Clock.

Walter versus Glanville.

The House being likewise moved, "That a Day may be appointed, for hearing the Cause wherein John Walter Esquire is Appellant, and William Glanville Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Sixteenth Day of February next, at Eleven a Clock.

Love and Gorbell versus Lestrange & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Dorothy Love and Emma Gorbell are Appellants, and Henry Lestrange Esquire, Francis Hill and Frances his Wife, William Smith and Mary his Wife, Jane Nash Spinster, Henry Nash and Susan Nash, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Nineteenth Day of February next, at Eleven a Clock.

Receivers and Tirers of Petitions.

Les Recevours des Petitions de la Grand Bretagne et d'Ireland.

Messire Robert Raymond, Chevalier et Chief Justicer.

Messire Spencer Cowper, Ecuyer et Justicer.

Messire Thomas Bennet, Ecuyer.

Et ceux qui veulent delivre leur Petitions, les baillent dedans Six Jours procheinment ensuivant.

Les Receivours des Petitions de Gascoigne, et des autres Terres et Pais de par la Mer et des Isles.

Messire Robert Eyre, Chevalier et Chief Justicer.

Messire Thomas Pengelly, Chevalier et Chief Baron de I'Exchequer du Roy.

Messire Samuel Burrows, Ecuyer.

Et ceux qui veulent delivre leur Petitions, les baillent dedans Six Jours procheinment ensuivant.

Les Triours des Petitions de la Grand Bretagne et d'Ireland.

Le Duc de Somerset.

Le Duc de Richmond.

Le Duc de Montagu.

Le Duc de Montrose.

Le Duc de Newcastle.

Le Duc de Greenwich.

Le Duc de Chandos.

Le Count de Lincoln.

Le Count de Chesterfield.

Le Count de Scarbrough.

Le Count de Strafford.

Le Count de Macclesfield.

Le Viscount Tadcaster.

Le Viscount Falmouth.

Le Baron Delawarr.

Le Baron Lynne.

Le Baron Bathurst.

Le Baron Wilmington.

Touts eux ensemble, ou Quatres de Seigneurs avanditz; appellant aux eux les Sergeants du Roy, quant sera Besoigne; tiendront leur Place en la Chambre du Tresorier.

Les Triours de Petitions de Gascoigne, et des autres Terres et Pais de par la Mer et des Isles.

Le Duc de Bolton.

Le Duc de Kent.

Le Duc de Bridgewater.

Le Count de Northampton.

Le Count de Nottingham.

Le Count de Findlater.

Le Count de Ilay.

Le Count de Pomfret.

Le Viscount St. John.

Le Viscount Torrington.

Le Baron Percy.

Le Baron Guilford.

Le Baron Foley.

Le Baron Bingley.

Touts eux ensemble, ou Quatres des Seigneurs avanditz; appellant aux eux les Sergeants du Roy, quant sera Besoigne; tiendront leur Place en la Chambre du Chambellan.

Committee Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the House of Peers, and every Monday after; and to adjourn, from Time to Time, as they please.

Sub committee Journal.

Lords Sub-committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this and the last Session of Parliament.

Their Lordships, of any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King's Street, and the Passages to The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace; Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House made this Day, for the Purposes aforesaid.

Dillon & Ux. versus Visc. Mount Cashell & al. Two Appeals.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Robert Dillon Esquire and Susanna Lady Shaen his Wife are Appellants, and Catherine Viscountess Dowager Mount Cashell and Morgan Magan Esquire are Respondents, and wherein the said Dillon and his Wife are Appellants, and Frances, Elizabeth, and Susanna Shaen, Minors, by their Guardian Thomas Magan Esquire, are Respondents:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Tuesday the Twentieth Day of February next, at Eleven a Clock.

Trott's Petition, for Danson to enter into a Recognizance, with Sureties.

Upon reading the Petition of Nicholas Trott Esquire and Anne his Wife, and Elizabeth Moore, Respondents to the Appeal of Mary Danson Widow; setting forth, That the Appellant now is, and for Nineteen Months last past hath been, a Prisoner in The Fleet, for a Contempt, in not paying a Sum of Money pursuant to a Decree in Chancery; and, after all the dilatory Proceedings which she has used, has appealed to this House, to create a further Delay and Expence to the Petitioners, who, by reason of the Appellant's being a Prisoner, cannot hope to recover from her any Costs they shall be put unto by reason of the said Appeal, unless some other Security be given than the said Appellant's own Recognizance;" and praying, "That she may in a short Time procure Two sufficient Persons, to enter into a Recognizance to answer Costs; or, in Default thereof, that the said Appeal may be dismissed:"

And a Certificate of John Huggins Esquire, Warden of The Fleet, "That the said Appellant is a Prisoner in his Custody, as is alledged in the said Petition," being read:

It is Ordered, That the said Mary Danson do, on or before Monday the Twelfth Day of February next, procure Two sufficient Sureties, to enter into a Recognizance in the usual Penalty, to answer such Costs as this House may award, in case the Proceedings complained of be affirmed; or otherwise the said Appeal to be dismissed.

Pilkington's Petition referred to Committee Privileges.

Upon reading the Petition of John Pilkington; praying Leave to proceed in an Action of Assault by him commenced, for Recovery of Damages, against Sir William Sanderson Baronet, Yeoman Usher attending this House, notwithstanding the Privilege of Parliament by him insisted on:

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees for Privileges; whose Lordships are to meet on Thursday next, at Ten a Clock, then to take the said Petition into Consideration.

Price versus Baker and Wynne.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anne Price Widow is Appellant, and Thomas Baker Clerk and Watkin Williams Wynne Esquire are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the One and Twentieth Day of February next, at Eleven a Clock.

Mitchell versus Craige & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein William Mitchell of London Merchant is Appellant, and Robert Craige and his Creditors, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the Twentythird Day of February next, at Eleven a Clock.

The Bishops Door to be locked up.

Ordered, That the uppermost Door on the East Side of the Throne be every Day, immediately after Prayers, locked up; and the Key brought to, and left with, the Lord on the Woolsack, till the Rising of the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to the Address reported:

The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords,

"I thank you for this very dutiful and affectionate Address, which cannot fail of having a good Effect both at Home and Abroad: The Welfare and Happiness of My People shall always take Place with Me of all other Considerations; and you may be assured, that the Considence you put in Me shall not be made Use of to any other Purposes, but for the Safety, Interest, and Honour, of the Nation."

Address and Answer to be printed.

Ordered, That the Address of this House presented to His Majesty Yesterday, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Lords go to hear a Sermon.

Then, in order to the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Public Fasting and Humiliation for the Martyrdom of King Charles the First;

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Februarii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.