House of Lords Journal Volume 23: January 1730

January 1729

Anno 3^o Georgii Secundi.

DIE Martis, 13^o Januarii, 1729.

DIE Martis, 13^o Januarii, 1729, Annoque Regni Serenissimi Domini Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Tertio, in quem Diem hæc Tertia Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX.

Fredericus Princeps Walliæ.

PRAYERS.

Lords take their Seats.

This Day the Lords following sat first in Parliament; (videlicet,)

Peregrine Duke of Leeds, after the Death of his Father Peregrine Duke of Leeds:

Wriothesly Duke of Bedford, after the Death of his Father Wriothesly Duke of Bedford:

William Duke of Devonshire, after the Death of his Father William Duke of Devonshire:

Sackvill Earl of Thanet, after the Death of his Uncle Thomas Earl of Thanet:

Charles Earl of Sunderland, after the Death of his Brother Robert Earl of Sunderland:

Nevil Lord Lovelace, after the Death of his Father John Lord Lovelace:

And Francis Lord Guilford, after the Death of his Father Francis Lord Guilford:

Their Lordships having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure, to robe.

The House was resumed.

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 Prince of Wales, in His Robes, sitting in his Place on His Majesty's Right Hand; 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, with their Speaker;

His Majesty spake as follows:

His Majesty's Speech.

My Lords, and Gentlemen,

"It is with great Satisfaction I acquaint you, that we have at length extricated ourselves from the many Difficulties and Inconveniencies that attended the uncertain State of Affairs in Europe, by having concluded an absolute Peace with the Crown of Spain.

"This Negotiation has been carried on and finished with a perfect Union, Harmony, and Fidelity, between Me and My Allies, with no other View but to prevent the Miseries and Confusion of a War; which if once kindled in Europe, it had been as hard to know the End, as to determine the Success, of such a fatal Event.

"As this Alliance is built upon the Foundation, and is agreeable to the Purport and Intentions, of former Treaties, without any Alterations in the principal Articles, but such as tend to render more effectual what the Contracting Powers in the Quadruple Alliance were before engaged to see performed; it is very justly to be presumed, that, from this happy Beginning, the great Work of a general Pacification will soon be perfect and complete.

"But if, contrary to Expectation, and in Resentment of the present Engagements, any new Troubles, although with little Prospect of Success, should be raised in Europe, to oppose or disappoint the Execution of them; I am consident, I shall not want the Support and Assistance of My Parliament in so just a Cause, which hath the joint Concurrence of so many considerable Powers, for the Honour and Credit of the present Measures, and their united Strength, in Maintenance of our mutual Stipulations.

"In the mean Time, I can affure you, that I have made it My first Care to consult the immediate Interests of these My Kingdoms, preferable to any other Consideration, and at the Hazard of all other Events.

"All former Treaties and Conventions made with Spain, in Favour of our Trade and Navigation, are renewed and consirmed. Not only a free and uninterrupted Exercise of our Commerce for the future is restored, but just and ample Restitution and Reparation for unlawful Seizures and Depredations are expressly stipulated and agreed to In general, all Rights, Privileges, and Possessions, in any Manner belonging to Me and My Allies, are solemnly reestablished, confirmed, and guarantied; and not one Concession is made to the Prejudice of Me or My Subjects.

"By this Means a Foundation is laid for removing all former Animosities and Misunderstandings between the Kingdoms of Great Britain and Spain; and it is not at all to be doubted, but that, by a faithful Execution of our reciprocal Engagements, a perfect Friendship betwixt the Two Nations, united by the common Ties of mutual Interest, may be more strongly established and cemented than ever.

"And, that My Subjects might reap the earliest Fruits of this advantageous Peace, I gave Orders for the immediate Reduction of a great Number of My Land Forces, and for laying up and discharging a great Part of My Fleet.

"Gentlemen of the House of Commons,

"This will make a considerable Saving in the Expence of the current Year; and I hope it will give a general Satisfaction to My People, as it is a most sensible Pleasure to Me The proper Estimates shall be laid before you; and I make no Doubt but you will grant Me the necessary Supplies, and enable Me to make good My Engagements with My Allies, in such Manner as shall be most effectual for the public Service, and most easy to your Fellow Subjects.

"You will see, by the Accompts that will be laid before you, the State, Produce, and Application, of the Sinking Fund, as far as has been hitherto directed by Act of Parliament; and you will not fail to take into your Consideration the further Disposition of the growing Produce. You are the best Judges, whether the Circumstances of the Sinking Fund, and of the National Debt, will as yet admit of giving any Ease where the Duties are most grievous. I have the greatest Regard for the Sinking Fund; and I look with Compassion upon the Hardships of the poor Artificers and Manufacturers. I leave it to your Determination, what may reasonably, and with due Caution, be done upon this critical Consideration.

"My Lords, and Gentlemen,

"That we may receive the natural Advantages of our present Situation, I must, in the strongest Manner, recommend to you a perfect Unanimity among yourselves; such as may entirely defeat the Hopes of our Enemies, both at Home and Abroad. The groundless Insinuations, Cavils, and Clamours, of some few ill-designing Persons, to shake the Steadiness of those Powers who are already My Allies, or to hinder others from becoming so, will, by your Unanimity, be rendered ineffectual; and I desire that the Affections of My People may be the Strength of My Government, as their Interest has always been the Rule of My Actions and the Object of My Wishes."

His Majesty's Speech being ended; He was pleased to retire into the Prince's Lodgings; and the Commons returned to their House.

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 preventing the Poor's being desrauded."

E. Ker introduced:

Robert Ker Esquire, commonly called Marquis Bowmont, being, by Letters Patent, dat. 24^o Maii, Anno Octavo Georgii 1^mi Regis, created Baron Ker, of Wakefield, in the County of York, and Earl Ker, was, in his Robes, introduced, between the Earl of Thanet and the Earl of Burlington 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 his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who gave it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

Georgius Secundus, Dei Gratia, Magn. Britann., Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Rob'to Comiti Ker, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magn. Britann. & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes & Adjournationes, usque ad & in Decimum Tertium diem Januarii jam prox. sequent. prorogatum & adjournatum fuerat, apud Civitatem Nostram præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, dictis Die & Loco, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Duodecimo Die Decembris, Anno Regni Nostri Tertio.

"Bisse & Bray."

Then his Lordship, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.

L. Harrington introduced:

Next, the Right Honourable William Stanhope Esquire, being, by Letters Patent, dat. 6^o Die Januarii, Anno 3^o Georgii 2^di Regis, created Lord Harrington, was, in like Manner, in his Robes, introduced, between the Lord Delawarr and the Lord Walpole (also in their Robes).

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

His Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius Secundus, Dei Gratia, Magn. Britann. Franciæ, & Hib'niæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Consiliario Nostro Will'o Stanhope, Ch'r, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Desensionem Regni Nostri Magnæ Britanniæ & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes & Adjournationes, usque ad & in Decimum Tertium Diem instantis Januarii jam prox. scquen. prorogatum & adjournatum fuerat, apud Civitatem Nostram præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, dictis Die & Loco, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus prædict. super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

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

"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:

Treaty of Seville delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House "A Copy of the Treaty of Peace, Friendship, and mutual Defence, between His Majesty, the Most Christian King, and the King of Spain, concluded at Seville, the Ninth of November N. S. 1729, with the separate Articles thereunto belonging;" together with Translations of the same.

And the Titles thereof were read, by the Clerk.

Order for an Address on His Majesty's Speech.

Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House to His Majesty, for His most Gracious Speech from the Throne; and to congratulate His safe Arrival in this Kingdom; and to express our Sense of the prudent and happy Administration of the Queen, during His Majesty's Absence: To congratulate His Majesty, upon His having concluded an absolute Peace with the Crown of Spain; and to express the great Satisfaction of this House, in the perfect Union between His Majesty and His Allies; and in His Majesty's prudent Care to prevent our being engaged in a War: To declare, an Alliance built upon the Foundation of former Treaties, and rendering more effectual the Engagements we were under, and the confirming all former Conventions with Spain in Favour of our Trade, and the stipulating a just and ample Restitution and Reparation for unlawful Seizures and Depredations, and in general the Re-establishment and Guaranty of all Rights, Privileges, and Possessions, belonging to His Majesty or His Allies, without any Concession being made to the Prejudice of His Majesty or His Subjects, are Conditions agreeable to our Interest: To assure His Majesty, that we will support and assist Him, if any new Troubles should arise in Europe, in Resentment of the present Engagements, in which His Majesty's First Care has been, to consult the immediate Interest of these His Kingdoms, preferable to all other Considerations, and at the Hazard of all other Events: To acknowledge His Majesty's great Goodness, in reducing a great Number of the Land Forces, and laying up a great Part of the Fleet: To assure His Majesty of our Desire to proceed with Unanimity among ourselves; and to express our Resentment of the groundless Insinuations of ill-designing Persons, and the Sense we have of our Happiness under His Majesty's Government."

And the Lords following were appointed a Committee, to prepare an Address, pursuant thereunto; and to 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 Committee withdrew, to draw the Address.

After some Time, the House was resumed.

Address reported.

And the Lord Viscount Falmouth reported from the said Committee, "That they had prepared an Address, pursuant to the Order aforementioned."

Which, being read by the Clerk, was agreed to by the House; and is as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do beg Leave to return the humble Thanks of this House, for Your Majesty's most Gracious Speech from the Throne.

We humbly congratulate Your Majesty upon Your safe and happy Arrival in this Kingdom; and are deeply sensible that nothing could, in any Degree, alleviate the Loss we must ever suffer by Your Majesty's Absence from us, but the prudent and happy Administration of the Government by the Queen, in the most critical Conjuncture of Affairs, under Your Majesty's Authority, and by Your great Example.

"We want Words to express our Joy and Gratitude, in congratulating Your Majesty on Your having concluded an absolute Peace with the Crown of Spain: And when we respect upon the tender and anxious Concern Your Majesty has shewn during the whole Course of the late uncertain State of Affairs in Europe, we cannot but look upon this happy Event as a public Reward from Heaven, for Your Majesty's Love of Your People.

The earnest Desire of Your Majesty to prevent the Miseries and Confusion unavoidable in War (the Events of which are far removed from all human Foresight, even under the Conduct of the greatest Princes); and, at the same Time, Your Steadiness and Resolution in continuing the necessary Preparations, joined with a perfect Union and mutual Fidelity between Your Majesty and Your Allies, have at last surmounted all Difficulties that stood in the Way of our Happiness.

"An Alliance built upon the Foundation of former Treaties, and rendering more effectual what the Contracting Powers in the Quadruple Alliance were before obliged to perform, the confirming all former Conventions made with Spain in Favour of our Trade, the stipulating a just and ample Restitution and Reparation for unlawful Seizures and Depredations, and in general the Re-establishment and Guaranty of all Rights, Privileges, and Possessions, in any Manner belonging to Your Majesty or Your Allies, without any Concession being made to the Prejudice of Your Majesty or Your Subjects, are Conditions entirely agreeable to the true Interest of Great Britain, equal even to those we might have expected after a prosperous War, as the Fruits of Victories, if Your Majesty's unwearied Labours for Peace had been unsuccessful.

"We have the greatest Reason to believe, that a general Pacification will be the Consequence of this happy Beginning; for Your Majesty having no Ambition but to defend the Honour and Rights of this Nation, to see our Trade flourish, and to reign over a happy and willing People, is ever averse to War; and, on the other Side, so just a Cause, supported by the united Strength of so many considerable Allies, joined in Interest for the Tranquillity of Europe; will incline other Powers to Peace. This, we hope, will produce an universal Approbation of the present Engagements. But, as Your Majesty's First Care has been, to consult the immediate Interests of these Your Kingdoms, preferable to any other Considerations, and at the Hazard of all other Events; if, contrary to Expectation, and in Resentment of these Measures, any new Troubles should be raised in Europe, to oppose or disappoint the Execution of them, the same Justice, Gratitude, and Honour, which have hitherto influenced us, must make us exert ourselves to the utmost to support and assist Your Majesty.

"Your Majesty, by the immediate Reduction of a great Number of Your Land Forces, and the laying up a great Part of the Fleet, has shewed how unwilling You were to suffer any Time to intervene, between the Conclusion of the Peace, and letting Your Subjects see the happy Effects of it. This lays the strongest Obligation upon us to place the greater Trust and Confidence in Your Majesty, when we find, by Experience, that our Military Preparations are made only when the public Necessities call upon Your Majesty to desend Your Kingdoms, and are laid aside the very Instant that our Safety will admit of it.

"The Unanimity among ourselves, which Your Majesty is graciously pleased to recommend to us, is one of the least Returns we ought to make for these Blessings procured for us. Your Majesty has completed the Wishes of all Your good Subjects, and the Despair of the bad: You have obviated all the groundless Cavils and Clamours which even Malice itself could invent; so that the Insinuations of any inconsiderable Remnant of Faction which may be yet in being will have as little Appearance of Veracity Abroad, as of Duty, Loyalty, or Love of their Country, at Home; and will serve only to excite us all to act with the greatest Zeal and Harmony, so as to make Your Government as easy and happy for Your Majesty as it is for Us."

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

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.

Treaty to be considered.

Ordered, That, on this Day Sevennight, this House will take into Consideration the Treaty, and Separate Articles thereto belonging, laid before their Lordships this Day by His Majesty's Command; and the Lords to be summoned.

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, or 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.

Adjourn.

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

DIE Mercurii, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arcedeckne versus Horan.

The Answer of James Horan Gentleman, to the Appeal of Mathias Arcedeckne and his Wife, was brought in.

His Majesty to be attended with Address.

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

Bp Landaff takes the Oaths.

This Day John Lord Bishop of Landaffe 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.

Foord versus Foord & al.

Upon reading the Petition and Appeal of William Foord; complaining of a Decree of the Court of Exchequer in Ireland, of the Twenty-seventh of May 1728, made in a Cause wherein the Appellant was Plaintiff, and Ellen Foord, an Infant under the Age of Twenty-one Years, by William Jolly her Guardian, and others, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Defendants 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 Eighteenth Day of February next; and that Service of this Order upon the Respondents Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Sir C. Musgrave versus Brisco & al.

Upon reading the Petition and Appeal of Sir Christopher Musgrave Baronet; complaining of Two Decrees of the Court of Exchequer, of the First of May and Twenty-seventh of November last, made in a Cause wherein the Appellant was Plaintiff, and John Brisco Esquire, Richard Ward and Dorothy his Wife, were Defendants; and praying, "That the same may be reversed, and that the Appellant may have his Bond, given for Payment of Nine Hundred Pounds and Interest, to Mrs. Lamplugh, delivered up, and be indemnified therefrom; or that the Defendant Brisco may pay him the several Sums of Six Hundred and Fifty Pounds, and Two Hundred and Fifty Pounds, and Interest; and that he may have his Costs decreed to him:"

It is Ordered, That the said John Brisco and the said other Defendants 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 Twenty-eighth Day of this Instant January.

E. of Aberdeen versus Callender & al.

Upon reading the Petition and Appeal of William Earl of Aberdeen; complaining of a Decree of the Court of Session in Scotland, of the Thirtieth of July last, made on the Behalf of Alison Callender, James Haliburton, Henry Guild, Andrew Dunnet, and William Earl of March; and praying, "That the same may be reversed; and that the Decree of the said Court, of the Second of the said July, may be affirmed:"

It is Ordered, That the said Alison Callender and the said other Parties may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Eleventh Day of February next; and that Service of this Order upon the Respondents Procurator, Attorney, or Agent, in the said Court of Session in Scotland, be deemed good Service.

Adjourn.

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

DIE Veneris, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address reported.

The Lord Chancellor reported, "That the House did, on Wednesday last, attend His Majesty, with their Address; to which His Majesty was pleased to return this most Gracious Answer; (videlicet)

"My Lords,

"I thank you for this dutiful and loyal Address: I doubt not but My Subjects will reap great Advantage from the Treaty concluded with Spain: And a faithful Execution of all that is stipulated in their Favour, shall be My principal Care; to which nothing will contribute more effectually, than the strong and affectionate Assurances you give Me of your Support and Assistance, in case any Powers should, in Resentment of the Measures I have taken, endeavour to raise new Troubles."

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

Horan versus Arcedeckne & Ux. Cross Appeal:

Upon reading the Petition and Cross Appeal of James Horan Gentleman; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the Eleventh of June 1724; and likewise of a Decree of the said Court, of the Fourth of December 1727, made in a Cause wherein Mathias Arcedeckne and Mary his Wife were Plaintiffs, and the Appellant and others were Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, That the said Mathias Arcedeckne and his Wife may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Friday the Twentieth Day of February next; and that Service of this Order on the Respondents Attorney or Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Dillon to enter into a Recognizance for Horan.

The House being moved, "That James Dillon Gentleman may be permitted to enter into a Recognizance for James Horan, on account of the said Cross Appeal; he being in Ireland:

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

Gibson & al. to enclose Lands in Claughton, Leave for a Bill.

Upon reading the Petition of Robert Gibson Esquire, Edmund Assheton, and Joseph Chorley, for themselves, and on Behalf of the rest of the Owners and Proprietors of the enclosed and other Lands, Tenements, and Hereditaments, within Claughton, and of the Commons, Moors, and Waste Grounds, within the same, called Howarth Moor, Wilkinson's Green, Staddey Green, Itch Moss, Claughton Moor alias High Moor, and other the Commons and Waste Grounds, within the Township of Claughton, in the County Palatine of Lancaster; praying Leave to bring in a Bill, for enclosing and dividing the said Commons and Tracts of Land, according to each Proprietor's Innhold Lands:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Sir R. Levinge versus Lady Levinge.

Upon reading the Petition and Appeal of Sir Richard Levinge, of the Kingdom of Ireland, Baronet; complaining of an Order, or Decree, of the Court of Chancery in the said Kingdom, of the Twenty-ninth of July 1728, made in certain Causes, wherein the Appellant was Plaintiff, and Dame Mary Levinge Defendant; et è contra; and praying, "That the same may be reversed; and that the Appellant may have such Relief as he hath prayed by his Original Bill; and that the said Cross Bill may be dismissed, with Costs:"

It is Ordered, That the said Dame Mary Levinge may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the Twentieth Day of February next, and that Service of this Order on the Respondent's Clerk in Court be deemed good Service.

Gordon to enter into Recognizance for Sir R. Levinge.

The House being moved, "That John Gordon Gentleman may be permitted to enter into a Recognizance for Sir Richard Levinge Baronet, on account of the said Appeal; he being in Ireland;"

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

Bovall to amend her Appeal.

Upon reading the Petition of Frances Bovall Widow, surviving Executrix of Rebecca Duffay Widow, deceased, Appellant in a Cause depending in this House, to which Peter and Joseph Theobalds are Respondents; praying Leave to amend her Appeal, in several Particulars, without Costs, upon her amending the said Respondents Copy; and that the Respondents may be ordered to answer the same:

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, as desired, unless, upon Notice given to the Respondents Agent, Cause be shewn to the contrary on Monday next.

Consideration of the Treaty of Seville adjourned.

The House being moved, "To put off the Consideration of the Treaty of Peace between His Majesty, the Most Christian King, and the King of Spain, lately concluded at Seville:"

It is Ordered, That the Consideration of the said Treaty be adjourned till Tuesday Sevennight; and the Lords to be summoned.

E. of Jersey takes his Seat.

This Day William Earl of Jersey sat first in Parliament, after the Death of his Father Edward Earl of Jersey; having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Amherst versus Lytton & al.

Upon reading the Petition and Appeal of Charles Selby Amberst Esquire, Administrator of Dame Margaret Strode, his late Wife, deceased; complaining of a Decree of the Court of Chancery, of the Eighth of November last, and the Enrolment thereof, for Dismission of the Appellant's Bill, and for decreeing the Redemption of the Premises in Question, and the Rents and Profits thereof, to the Respondent Robinson Lytton, made in certain Causes, wherein the Appellant was Plaintiff, and William Robinson Lytton Esquire and others were Defendants; et è contra; and praying, "That the same may be reversed and set aside:"

It is Ordered, That William Robinson Lytton, Francis Mascall, and James Bedingfeild, 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 Thirtieth Day of this Instant January.

Cause-days appointed.

Ordered, That Mondays, Wednesdays, and Fridays, in every Week, be appointed Days for hearing Causes.

Pocklington & Ux. versus Sir C. Domville.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Christopher Pocklington Esquire and Elizabeth his Wife are Appellants, and Sir Compton Domville Baronet is Respondent:"

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

Pryse to enter into a Recognizance for Sir C. Musgrave.

The House being moved, "That Walter Pryse Esquire may be permitted to enter into a Recognizance for Sir Christopher Musgrave Baronet, on account of his Appeal; he being in the Country:"

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

Adjourn.

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

DIE Lunæ, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mason versus Smith.

The Answer of Cuthbert Smith, One of the Respondents to the Appeal of Samuel Mason Esquire, was brought in.

Bp. Bristol to preach 30th Instant.

Ordered, That the Lord Bishop of Bristol be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the Thirtieth Day of this Instant January.

Claughton Commons to enclose, Bill.

The Lord Bishop of Gloucester presented to the House (pursuant to the Order of Friday last) a Bill, intituled, An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster:"

And the same was read the First Time.

Countess of Strathmore versus Marquis of Clydidale and Earl of Dundonald:

Upon reading the Petition and Appeal of Susanna Countess of Strathmore, and Catherine Lady Garlies and her Husband, for his Interest; complaining of an Interlocutor of the Court of Session in Scotland, of the Twentieth of February 1727/8, and the Affirmance thereof the Fifteenth of February 1729; made on the Behalf of the Marquis of Clydsdale and Thomas Earl of Dundonald; and praying, "That the same may be reversed:"

It is Ordered, That the said Marquis of Clydsdale and the Earl of Dundonald may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Sixteenth Day of February next; and that Service of this Order on the Respondents Attornies or Procurators, before the said Court of Session in Scotland, be deemed good Service.

Baird to enter into a Recognizance for the Appellants.

The House being moved, "That Mr. James Baird may be permitted to enter into a Recognizance for the Appellants; they living in Scotland:"

It is Ordered, That the said James Baird may enter into a Recognizance for the said Appellants, as desired.

Done versus Weldon and Polhill.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Done Esquire is Appellant, and Walker Weldon and David Polhill Esquires are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-eighth Day of this Instant January, at Eleven a Clock.

Ross & al. versus Close &

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Ross, John Gordon, and Alexander Hamilton, Gentlemen, are Appellants, and the Revetend Samuel Close and Catherine his Wife, Margaret and Mary Close, their Infant Children, by their Guardian, and Hector Graham, are Respondents:"

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

Mason to amend his Appeal.

A Petition of Samuel Mason Esquire, was presented to the House, and read; setting forth, "That he preferred his Appeal to their Lordships last Session of Parliament; and that Moses Hawkins, One of the Respondents thereunto, is since dead, having made his Will, and appointed his Nephew Moses Hawkins and William Dawes Executors thereof, who have duly proved the same in the Prerogative Court of Canterbury;" and praying, "That the Petitioner may be at Liberty to amend his said Appeal, by making the said Executors Respondents."

And thereupon a Certificate, under the Hand of the Register of the said Prerogative Court, "That the said Executors had proved the said Will," being read:

It is Ordered, That the Petitioner may amend his Appeal, as desired; and that the said Executors do put in their Answer thereunto on or before Monday the Second Day of February next.

L. Lansdown takes the Oaths.

This Day George Lord Lansdowne took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Theobalds Agent. Time to shew Cause.

The House being informed, "That Mr. Ambler, Agent for Peter and Joseph Theobalds, Respondents to the Appeal of Frances Boval Widow, attended:"

He was called in, and acquainted the House, "That he had received Notice of their Lordships Order on Friday last; but that, his Clients being out of Town, he desired some further Time might be allowed, for shewing Cause (if any) why the said Bovall's Appeal should not be amended in the Particulars desired."

And being withdrawn:

It is Ordered, That the Agent for the said Respondents have Time allowed, to shew Cause accordingly, till Wednesday next.

Adjourn.

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

DIE Mercurii, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eyre versus Daly.

The Answer of Laughlin Daly Gentleman, to the Appeal of John Eyre Esquire, was brought in.

Hopkins & Ux. versus Honywood.

Upon reading the Petition and Appeal of Bertie Hopkins Gentleman and Margaret his Wife; complaining of Part of an Order of the Court of Chancery, of the Seventh of December 1728, as directs certain Issues to be tried, made in a Cause wherein the Appellants were Plaintiffs, and Isaac Honywood Esquire, by Bill of Revivor, was Defendant; and praying, "That the same may be reversed, and the Defendant's Exceptions overruled:"

It is Ordered, That the said Isaac Honywood 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 Fourth Day of February next.

Abp. Armagh and Whaley against The King.

The Lord Chief Justice, in the usual Manner, brought up a Writ of Error; wherein,

Hugh Lord Archbishop of Ardmagh and Nathaniel Whaley Clerk are Plaintiffs, and the King is Defendant.

Pocklington versus Sir C. Domville.

A Petition of John Ellis, Agent for Sir Compton Domville Baronet, Respondent to the Appeal of Christopher Pocklington Esquire and his Wife, was presented to the House, and read; praying, "In regard certain Deeds, absolutely necessary to be made Use of at the Hearing, are not yet brought from Ireland, that the same may be put off for Three Weeks."

And thereupon Mr. Saunderson, the Appellant's Agent, being called in, acquainted their Lordships, "He did not oppose the Prayer of the Petition."

And being withdrawn:

It is Ordered, That the Hearing the said Appeal be put off till Monday the Sixteenth Day of February next.

Calloway and Minnet peremptorily to answer Ward's Appeal.

The House being informed, "That William Calloway and George Minnet, who, by Order of the Eighth of May last, were required to put in their Answer to the Appeal of Thomas Ward and others on or before the Two and Twentieth of the same Month, had neglected so to do, though duly served with the said Order for that Purpose:"

And thereupon James Overall was called in, and examined, upon Oath, at the Bar, touching the said Service.

And being withdrawn:

It is Ordered, That the said William Calloway and George Minnet do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Moodie versus Stewart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth Moodie is Appellant, and John Stewart Respondent:"

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

Magistrates of Perth versus Presbytery of Perth.

The like Motion and Order for hearing the Cause wherein the Magistrates and Town Council of Perth for themselves, and in Behalf of the Community of the said Borough, are Appellants, and the Presbytery of Perth are Respondents, on Friday the Sixth Day of February next.

Smollet & al. versus Buntin & al.

The like Motion and Order for hearing the Cause wherein George Smollet Provost of the Borough of Dumbarton, and others, are Appellants, and William Buntin and others are Respondents, on Monday the Ninth Day of February next.

D. of Douglas versus L. Strathnaver.

The like Motion and Order for hearing the Cause wherein Archibald Duke of Douglas is Appellant, and William Lord Strathnaver Respondent, on Wednesday the Eighteenth Day of February next.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended."

They were called in; and delivered, at the Bar, pursuant to some late Acts of Parliament, several Papers, intituled as follow:

The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal; with the Accounts of the prohibited East India Goods and Naval Stores imported from Russia, from Michaelmas 1728 to Michaelmas 1729.

"N^o 1. An Account of the Prohibited East India Goods remaining in the Warehouses at St. Hellens, at Michaelmas 1728; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1729."

"N^o 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall, at Michaelmas 1728; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1729."

"N^o 3. An Account of the prohibited East India Goods remaining in His Majesty's Warehouse at the Port of London, at Michaelmas 1728, with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1729."

"N^o 4. An Account of the prohibited East India Goods remaining in the respective Warehouses in the Out-ports at Michaelmas 1728; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1729."

"N^o 5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1728 to Michaelmas 1729."

"N^o 6. An Account of Naval Stores imported from Russia into the Ports commonly called The Out Ports, from Michaelmas 1728 to Michaelmas 1729."

And then the said Commissioners withdrew.

And the Titles of the said Papers were read, by the Clerk.

Bovall to amend her Appeal.

This Day being appointed, for the Agent of the Respondents to the Appeal of Frances Bovall Widow to shew Cause, if any, why the said Appeal should not be amended, pursuant to the Appellant's Petition the Sixteenth Instant:

The House was informed, "That the said Agent did Consent that the same might be amended accordingly."

It is thereupon Ordered, That the said Appellant be at Liberty to amend her said Appeal, as desired.

Pet. to revive Campbell's Appeal.

A Petition of Alexander Hamilton, Agent for John Campbell Esquire, was presented to the House, and read; praying, "In regard the said Campbell is dead, that the Petitioner may be at Liberty to revive the said Appeal, and amend the same, by making Elizabeth the Widow Appellant; and that the Respondent John Aikenhead, who had formerly answered, may be ordered to put in his Answer in such Time as to their Lordships shall seem meet:"

Revival of Appeals, Precedents.

It is Ordered, That the said Petition do lie on the Table till the next Sitting of this House; and that the Clerk do, in the mean Time, search Precedents, as to the Revival of Appeals.

Bindon versus Ryves and Doyle.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein David Bindon Merchant is Appellant, and William Ryves and William Doyle are Respondents:"

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

Standing Orders to be read.

Ordered, That the Roll of Standing Orders of this House be read on Friday next; and the Lords to be summoned, with Notice of the Occasion.

Claughton Commons to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster."

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

Their Lordships, or any Five of them; to meet on this Day Sevennight, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Kingston versus Badham.

The House being informed, "That Brettridge Badham Esquire, Respondent to the Appeal of James Lord Baron of Kingston in the Kingdom of Ireland, had not put in his Answer thereunto, though duly served with the Order for that Purpose:"

And thereupon Richard Laby was called in; and examined, upon Oath, at the Bar, touching the said Service.

Further Application to be made.

It is Ordered, That he be at Liberty to apply again to this House, in relation to this Matter, at their Lordships next Sitting.

Robinson & Ux. versus Mercer & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Robinson Gentleman and his Wife are Appellants, and Grace Mercer Widow, and others, are Respondents:"

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

Brown versus Daly and L. Athunry.

The like Motion and Order for hearing the Cause wherein Issidor Brown Gentleman is Appellant, and Francis Lord Baron of Athunry in the Kingdom of Ireland and Dennis Daly Esquire are Respondents, on the next vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Veneris, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mason versus Hawkins.

The joint and several Answers of Moses Hawkins and William Dawes, Executors of Moses Hawkins, deceased, Two of the Respondents to the amended Appeal of Samuel Mason Esquire, was brought in.

Arundell and E of Luchfield Pet referred to Judges.

Upon reading the Petition of Frances Arundell and George Henry Earl of Litchfield; praying Leave to bring in a Bill, to enable them (during the Minority of Mary Arundell an Infant) to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwall and Dorset:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

States General's Accession to the Treaty of Seville delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, "A Copy of The States General's Accession to the Treaty of Peace, Friendship, and mutual Defence, concluded between His Majesty, the Most Christian King, and the King of Spain, signed at Seville, the 21st of November 1729;" and Translation.

Also, "A Copy of The States General's Accession to the separate Articles belonging to the said Treaty, signed also at Seville, the 21st of November 1729," and Translation.

And the Titles thereof were read, by the Clerk.

Calvert's Pet. referred to Judges.

Upon reading the Petition of Fælix Calvert Senior, on the Behalf of himself, and of John and George Calvert his Two Youngest Sons, both Infants; and also the Petition of Felix Calvert Junior, eldest Son and Heir Apparent of the said Felix Calvert, Francis, William, and Peter Calvert, Three other of the Younger Sons of the said Felix Calvert Senior; praying Leave to bring in a Bill for conveying an Estate, comprized in a Settlement in the Petition mentioned, to the said Felix Calvert Senior, in Fee-simple, he depositing Ten Thousand Pounds, to be laid out in the Purchase of another Estate, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Reynolds and Mr. Justice Probyn; with the usual Directions, according to the Standing Orders.

Brewster & Ux. Pet. referred to Judges.

Upon reading the Petition of John Brewster Esquire and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of Part of a settled Estate in the County of Essex, for Payment of Debts; and for settling an unsettled Estate, in the same County, in Lieu thereof:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Reynolds and Mr. Baron Carter; with the usual Directions, according to the Standing Orders.

Campbell's Appeal revived.

The Order made on Wednesday last, for the Petition of Alexander Hamilton, Agent for John Campbell Esquire, lately deceased, to lie on the Table, and for the Clerk to search Precedents as to the Revival of Appeals, being read; and Consideration had of the said Petition, and Precedents produced by the Clerk:

It is Ordered, That the Appeal of the said John Campbell do stand revived; and that the same may be amended, by making Elizabeth his Widow Appellant; and that John Aikenbead, the former Respondent to the said Appeal, do put in his Answer thereunto, in Writing, on or before Friday the Twentieth Day of February next.

Mr. Campbell to enter into a Recognizance for his Mother.

The House being moved, "That John Campbell Esquire may be permitted to enter into a Recognizance for Elizabeth Campbell his Mother, on account of her Appeal; she being in Scotland:"

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

Time limited for Petitions for Private Bills.

Ordered, That, after the Second Day of March next, no Petition for the bringing in any Private Bill into this House shall be received, during this Session of Parliament.

E. of Winchilsea and Nottingham and E. of Gainsborough take the Oaths.

This Day Daniel Earl of Winchilsea and Nottingham and Baptist Earl of Gainsborough sat first in Parliament, after the Death of their Fathers, Daniel Earl of Winchilsea and Nottingham, and Baptist Earl of Gainsborough; their Lordships having, at the Table, taken the Oaths; and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Badham, peremptorily to answer Lord Kingston's Appeal.

Liberty being given, on Wednesday last, for an Application to be made to the House this Day, in order to prove the Service of the Order made the last Session of Parliament, requiring Brettridge Badham Esquire to answer the Appeal of James Lord Baron of Kingston in the Kingdom of Ireland:

An Affidavit, made by Richard Brereton of the City of Dublin Gentleman, of the due Service of the said Order, being produced and read:

It is Ordered, That the said Brettridge Badham do peremptorily put in his Answer to the said Appeal in a Week.

Mason versus Hawkins & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Samuel Mason Esquire is Appellant, and Moses Hawkins and William Dawes, Executors of Moses Hawkins, deceased, and others, are Respondents:"

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

L. and Lady Cadogan, Pet. referred to Judges.

Upon reading the Petition of Charles Lord Cadogan and the Lady Elizabeth his Wife, for and on Behalf of themselves, and also of Charles Sloane Cadogan, an Infant, their only Son and Child; praying Leave to bring in a Bill, for vesting Part of certain Manors and Lands, in the Counties of Oxon and Berks, or one of them, in the several Trustees named in the Petitioner's Marriage Settlement, in Lieu of the Manor and Lands of Okeley, in the County of Bucks, for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Price and Mr. Baron Thomson; with the usual Directions, according to the Standing Orders.

Lynch versus Dalzeel & al.

Upon reading the Petition and Appeal of Roger Lynch and John Lynch; complaining of an Order of Dismission of the Court of Chancery, made the Twentyfourth of November last, in a Cause wherein the Appellants were Plaintiffs, and Robert Dalzcel, John Everett, and Henry Cartwright, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Robert Dalzeel and the said other Defendants 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 Sixth Day of February next.

Jervoise and Rudyerd versus Field.

Upon reading the Petition and Appeal of Thomas Jervoise and Benjamin Rudyerd Esquires; complaining of several Orders, or Decrees, of the Court of Chancery, made the Thirteenth of January 1726, and the Fifteenth of December 1727, and the subsequent Proceedings thereon, in certain Causes, wherein John Bays and his Wife were Plaintiffs, and Richard Bird and Catherine his Wife, the Appellants, and James Feild Gentleman, and others, were Defendants; and wherein the said Bird and his Wife were Plaintiffs, and the said Bays and his Wife, and the Appellants and others, were Defendants; and wherein Sophia Zouch, an Infant, by her prochein Anne, was Plaintiff, and the said Bays and his Wife, Richard Bird and his Wife, the said Appellants, and James Feild Gentleman, and others, were Defendants; and wherein the Attorney General, at the Relation of Richard Rogers and others, were Plaintiffs, the said John Bays and his Wife, Richard Bird and his Wife, the Appellants, and the said James Feild, and others, were Defendants; and praying, "That the same may be reversed; and that the Appellants First, Second, and Seventh Exceptions may be allowed; and that James Feild, as Executor of James Feild his Father, may be ordered to accompt for the Timber and Wood cut down by the said James Feild deceased, upon the Trust Estate, whilst he acted as Receiver:"

It is Ordered, That the said James Feild 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 Sixth Day of February next.

Standing Orders read.

The Roll of Standing Orders of this House was this Day (according to Order) read.

Adjourn.

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

DIE Martis, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Ward & al. versus Calloway.

The joint and several Answer of William Calloway and George Minnet, to the Appeal of Thomas Ward and others, was brought in.

L. Middleton takes Lis Seat.

This Day Francis Lord Middleton sat first in Parliament, after the Death of his Father Thomas Lord Middleton; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Small versus Wing.

Upon reading the Petition and Appeal of Alexander Small, Administrator of the Goods and Chattels of Mary his Wise, lately deceased; complaining of a Decree of the Court of Chancery, made the Eighteenth of November 1723, in a Cause wherein the Appellant was Plaintiff, and Richard Wing, John Wing, and Mary Wing Widow, since deceased, were Defendants; and praying, "That the same, and all subsequent Proceedings grounded thereon, may be reversed:"

It is Ordered, That the said Richard Wing and John Wing 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 Tuesday the Tenth Day of February next.

Appeals received.

Ordered, That the several other Appeals now lying on the Table be received; this being the last Day allowed by the Standing Order for presenting Appeals this Session; and that the same be read To-morrow.

Treaty of Seville considered.

The House (according to Order) proceeded to take into Consideration the Treaty of Peace, Friendship, and mutual Defence, between His Majesty, the Most Christian King, and the King of Spain, concluded at Seville, the Ninth of November, N. S. 1729; with the Separate Articles thereunto belonging.

And the same being read by the Clerk, as also the Fifth Article of the Quadruple Alliance:

It was moved, "To resolve, That the Agreement in the Treaty of Seville, to effectuate the Introduction of Spanish Troops into Tuscany and Parma, is a manifest Violation of the Fifth Article of the Quadruple Alliance, tends to involve this Nation in a dangerous and expensive War, and to destroy the Balance of Power in Europe."

After Debate;

The Question was put upon the said Motion.

And it was Resolved in the Negative.

Then it being moved, "To adjourn the further Consideration of the aforementioned Treaty till Thursday next:"

After further Debate;

The Question was put, "Whether the further Consideration of the Treaty of Peace lately concluded at Seville shall be adjourned till Thursday next?"

It was Resolved in the Negative.

Moved, "To resolve, That our Right of Sovereignty, Dominion, Possession, and Propriety, to Gibraltar and the Island of Minorca, is not ascertained by the Treaty of Seville, so as to extinguish the Claims and Pretensions set up by the Spaniards, which were followed by an actual Siege, since the Cession of those valuable Places by the Treaty of Utrecht."

After further Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to order to be laid before this House, a Copy of the Orders, or Instructions, given to Sir George Byng, now Lord Viscount Torrington, who commanded the Fleet in The Mediterranean in the Year 1718."

After Debate;

The Question was put, "Whether such an Address shall be made to His Majesty?"

It was Resolved in the Negative.

Proposed, "To resolve, That the Stipulations in the Treaty of Seville, for repairing the Losses of the Merchants, are insufficient and precarious."

After further Debate;

The Question was put upon the said Proposition.

And it was Resolved in the Negative.

Resolution that it contains all necessary Stipulations &c.:

Moved, "To Resolve, That the Treaty of Peace, Union, and Friendship, concluded at Seville on the Ninth of November last, does contain all necessary Stipulations for maintaining and securing the Honour, Dignity, Rights, and Possessions, of this Crown; and that all due Care is taken therein, for the Support of the Trade of this Kingdom, and for repairing the Losses suffered by the Merchants."

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Protest against it.

Dissentient.

"Because we think this Question, from the Debate, as well as from the Import of the Question itself, was designed as a Justification of the whole Treaty; which appears to us neither to be solid, honourable, nor advantageous, for the following Reasons:

"1st, Because we know not whether all the Treaties and Conventions, concluded between England and Spain, may be in every Article of them so beneficial to us as to be fit to be again confirmed and renewed.

"2dly, Because, as we think it extremely difficult to examine with requisite Nicety how advantageous every Treaty and Convention between Great Britain and Spain may be to us, so we think it absurd to pretend to judge of any future Agreement; and therefore we think it very extraordinary, and apprehend it may be of very ill Consequence, to be bound, as we are by this Treaty, to ratify and guaranty whatever Agreement shall be made between the King of Spain and Dukes of Tuscany and Parma, concerning the Garrisons once established in their Countries.

"3dly, Because the Obligation on our Merchants, to make Proof of the Justice of their Demands for their Losses at the Court of Spain, is, in our Opinion, an Hardship upon them, and not honourable for the Nation: And we are persuaded those unsortunate Gentlemen will undertake so troublesome and expensive a Journey with the less Chearfulness, because they may fear their Claims are not unlikely to be counter-balanced by others from the Spaniards; and, after all, they have only the slender Comfort of hoping, if they think there is even any Room for them to hope, to get that Redress by Commissaries, which they have not hitherto been able to obtain by Plenipotentiaries.

"4thly, Because, we are obliged to assist in effectuating the Introduction of Six Thousand Spanish Troops into the Towns of Tuscany and Parma, without specifying the Methods we are to take, or Charge we are to be at, in giving that Assistance; so that, for aught we know, we may be liable to an endless Trouble and unlimited Expence, to compass what, if effected, cannot, in our Opinion, be of any Advantage to us, but, as we sear, may prove most prejudicial and destructive.

"5thly, Because we oblige ourselves to guaranty for ever, not only to Don Carlos, but even to all his Successors, the Right to, and Possession of, the States of Tuscany and Parma; which, we think, is a Stipulation of so extensive a Nature, that we can hardly see we are ever like to be exempted from the Disputes and Quarrels it may too probably draw upon us.

"6thly, Because this Treaty differs from the Quadruple Alliance, upon which 'tis pretended to be chiesly founded, in some Points that seemed to be thought essential by ourselves, as well as by the Kings of France and Spain, as far as we can judge by the Stipulations of former Alliances, particularly in that of introducing Spanish Troops instead of Neutral into Tuscany and Parma, and by stipulating that those Troops shall remain there, till Don Carlos and his Successors are secure and exempt from all Events; which, from the Nature and Extent of human Forefight, we think the warmest Advocates for the Treaty must allow, is, in Effect, to say, they are to remain there for ever.

"7thly, Because the Alterations in this Treaty, from that of the Quadruple Alliance, are made not only without the Consent of the Emperor, but, as we fear He will interpret it, since He has not the Compliment paid Him of being invited into it, almost in Defiance of Him; and if this Treatment of Him should unhappily alienate His Friendship from us, we think we should, as good Englishmen, have great Reason to lament the Loss of such an ancient, powerful, and faithful Ally.

"8thly, Because, we apprehend, there is an artful Omission, throughout the whole Treaty, of any plain and express Stipulation to secure to us our Right to Gibraltar and Minorca; which, however willing we are to attribute it rather to the superior Skill of the Spanish Managers than to any Want of Zeal for their Country in our own, is an Error that, we fear, will leave our Possession of those important Places too liable to future Cavils; and we think the Spaniards could not, with the least plausible Pretence of Reason, have refused to ascertain our indubitable Right to them in as strong and explicit Terms as we have declared our selves Guarantees of the Right, Possession, Tranquility, and Quiet, of the Italian Dominions allotted to Don Carlos and his Successors, since we have had the Complaisance to admit the Spaniards to discuss their Pretensions for the Restitution of the Ships taken in the Year 1718, though their Right to that Compensation was as effectually secured to them as it can be pretended ours is to Gibraltar and Minorca, by those general Words that renew and confirm all former Treaties.

"9thly, Because His Majesty Himself, by His Speech from the Throne, seems not entirely free from Apprehensions of new Troubles being still likely to arise in Europe, even in Resentment of the present Engagements; and, if He thought this Peace had settled the Public Tranquillity upon a lasting Foundation, we are confident His Paternal Goodness would have inclined Him, by a further Reduction of Troops, to have given more Ease to His People; who have long groaned under the heavy Burden of Taxes almost insupportable, and of a large Standing Army, and have had all their Grievances increased by a pernicious Interruption of late of that flourishing Commerce, without which they can neither be happy at Home, nor respected Abroad.

"10thly, Because it appears to us, after the most mature Consideration of all Particulars, that we are much farther obliged than we were before, and than we think we ever ought to be, to meddle in Disputes about Territories at a great Distance from us, and in which our National Interest seems no Way concerned. And since One of the principal contracting Parties, in that Alliance upon which this is built, is not only left out of it, but, as we think there is Reason to believe, extremely disobliged by it; and since it seems impossible to make the Introduction of Spanish Troops into Tuscany and Parma, even by the most prevailing Application we can use, consistent with the Dignity and Quiet of those Princes whose Towns they are to garrison, we own ourselves, upon the Whole, uncapable of discerning either the Equity or Policy of this Treaty; which, we fear, will not enable us either to recover what we have lost, or long to preserve quietly and undisturbed what we yet possess; and which, we fear, instead of extricating us out of those Difficulties that we have of late been involved in, and which have been owing in a great Measure, in our Judgement, to the Incapacity of those Ministers by whose Counsels we have been entangled in a Labyrinth of unnecessary, if not prejudicial Treaties and Engagements, will probably be the melancholy Occasion of fresh Disturbances, and bring upon us, already too much impoverished, the Misery and Confusion of a War; which, if once kindled, we are convinced it will be as difficult to know the End, as to determine the Success of such a fatal Event.

"Scarsdale.
Plimouth.
Beaufort.
Strafford.
Gower.
Bedford.
Thanet.
Anglesey.
Northampton.
Coventry.
Abingdon.
Huntingdon.
Willoughby de Broke.
Bruce.
Warrington.
Boyle.
Montjoy."
Bathurst.
Foley.
Aylesford.
Middleton.
Oxford & Mortimer.
Bridgewater.
Bristol."

Then it being moved, "To adjourn:"

Accordingly,

Adjourn.

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

Hitherto examined by us,
Bridgewater.
Shaftesbury.
Abingdon.
N. St. Davids.

DIE Mercurii, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Amherst versus Lytton.

The Answer of William Robinson Lytton Esquire, to the Appeal of Charles Selby Amherst Esquire:

Sir Christopher Musgrave versus Ward & al.

As also, the joint and several Answers of Richard Ward and others, to the Appeal of Sir Christopher Musgrave Baronet;

Were brought in.

Staines versus Maddock & al.

Upon reading the Petition and Appeal of John Staines; complaining of an Order of the Court of Chancery, made the Fourteenth of November last, in a Cause wherein Edward, Robert, Thomas, John, William, and Sarah Maddock, Infants, by Robert Maddock their prochein Amie, were Plaintiffs, and the Appellant was Defendant; and praying, "That so much thereof as overrules the Appellant's First, Second, Fifth, Sixth, and Seventh Exceptions, and orders the Appellant to pay Costs, may be reversed; and that the Appellant may have all just Allowances made to him, and his Costs of several Suits:"

It is Ordered, That the said Infants, by their prochein Amie, may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Wednesday the Eleventh Day of February next.

Glisson & al. versus Morgan, alias Okeden, & al.

Upon reading the Petition and Appeal of Mary Glisson and Magdalen Glisson, Infants, by Conyers Place their prochein Amie, and the said Conyers Place; complaining of a Decree of the Court of Chancery, made the Eighteenth of May 1728, in a Cause wherein the Appellants were Plaintiffs, and William Morgan, alias Okeden, and Edmund Morgan, alias Okeden, an Infant, by William his Brother and Guardian, Peter Walter, Thomas Hussey, John Bond, Mary Morgan, and Nathaniel Farewell and Susannah his Wife, were Defendants; and praying, "That the same may be reversed, so far as the "Appellants Bill stands dismissed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Eleventh Day of February next.

Pincke versus Ly. Dowager Abergavenny.

Upon reading the Petition and Appeal of Alured Pincke Esquire and Elizabeth Lady Dowager Bergevenny his Wife; complaining of certain Orders of the Court of Chancery, made the First and Eighth of May last, in a Cause wherein Anne Lady Dowager Bergevenny was Plaintiff, and the Appellant the Lady Elizabeth Defendant; and praying, " That either the said Appellants Exception may stand, and be set down to be argued according to an Order of the said Court of the Thirtieth of April last, or that the Demurrer and Pleas put in to the Third amended Bill may be re-argued:"

It is Ordered, That the said Plaintiff may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Wednesday the Eleventh Day of February next.

Minchin versus Edwards.

Upon reading the Petition and Appeal of John Minchin Esquire; complaining of several Orders and Decrees of the Court of Exchequer in Ireland, made the Sixteenth of November 1724, the Twenty-seventh of January 1726, the Third, and Twentieth of February, and Sixth of December, 1727, and Twentieth of November 1729, in certain Causes, wherein the Appellant was Plaintiff, and Francis Edwards Esquire and Company, and others, were Defendants, et è contra; and praying, "That the same may be varied or reversed, and the Appellant relieved; and that Mary Edwards may put in her Answer to this Appeal:"

It is Ordered, That the said Mary Edwards may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Fourth Day of March next; and that Service of this Order on the said Mary Edwards, or her Attorney or Solicitor in Court, be deemed good Service.

Carre versus Halden.

Upon reading the Petition and Appeal of John Carre of Cavers Esquire; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Tenth and Twenty-third of November 1714, and Seventh and Sixteenth of December following, made on the Behalf of Mr. John Halden of Lanerk; and praying, "That the same may be reversed:"

It is Ordered, That the said John Halden 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 Twenty-fifth Day of February next.

Atkins versus Rooe and Leman.

Upon reading the Petition and Appeal of Robert Atkins, Joseph Wyndham, and Robert Green; complaining of a Decree of the Court of Chancery, made the Tenth of December last, in a Cause wherein the Appellants were Plaintiffs, and Edward Rooe and Nevill Leman were Defendants; and praying, "That the said Defendants may be obliged to appear, and put in an Answer to this Appeal:"

It is Ordered, That the said Edward Rooe and Nevill Leman 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 Eleventh Day of February next.

Kelynack & al. versus Gwavas.

Upon reading the Petition and Appeal of William Kelynack, Richard Richards, Philip Kelynack, and One Hundred and Sixteen others, Parishioners and Fishermen, residing within the Parish of Paul, in the County of Cornwall; complaining of an Order of the Court of Exchequer, made the Ninth of May 1728, directing a Trial at Law, in a Cause wherein William Gwavas Gentleman was Plaintiff, and the Appellants were Defendants; as also of an Order or Decree of the same Court, the Fifth of December 1728, on the Equity reserved; and praying, "That the same may be reversed:"

It is Ordered, That the said William Gwavas 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 Eleventh Day of February next.

Gordon versus Craufurd.

Upon reading the Petition and Appeal of James Gordon of Craighlaw; complaining of certain Interlocutories of the Lords of Session in Scotland, of the Sixth of November 1729, and Fourteenth of this Instant January, made on the Behalf of Patrick Craufurd, and Patrick Craufurd his Son; and praying, "That the same may be reversed:"

It is Ordered, That the said Patrick Craufurd and his Son 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 Twenty-fifth Day of February next.

Lucy versus Moor & al.

Upon reading the Petition and Appeal of Frances Lucy Widow; complaining of Part of a Decree of the Court of Chancery, made the Twelfth of November 1728, in certain Causes, wherein the Appellant was Plaintiff, and Robert Moor Esquire and others were Defendants, et è contra; and praying, "That the same may be reversed, and the Appellant relieved:"

It is Ordered, That the said Robert Moor, and George Guy, Charles Newburgh, Thomas Burgh, and Rowland Berkley, 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 Eleventh Day of February next.

Murphy versus Browns.

Upon reading the Petition and Appeal of Samuel Murphy; complaining of several Orders and Decrees of the Court of Chancery in Ireland, made the Twentyeighth of June 1725, the Twenty-third of June, and Twenty-sixth of July, 1728, and other subsequent Orders or Proceedings, in a Cause wherein William Brown and Hugh Brown his Son were Plaintiffs, and the Appellant and others were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said William Brown and Hugh Brown 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 Fourth Day of March next; and that Service of this Order on the Respondents Attornies or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Byrne versus Morley & al.

Upon reading the Petition and Appeal of Gerald Byrne Gentleman; complaining of an Order of the Court of Exchequer in Ireland, for discharging the Enrolment of a Decree of that Court, and an Order on re-hearing, the Fourteenth of February 1725, made in a Cause wherein the Appellant, by Bill of Revivor, was Plaintiff, and Jane Morley, Michael Waldron, and Jeffery Luther, Executors of George Morley, deceased, were Defendants; and praying, "That the same, so far as they are inconsistent with a Decree of the said Court of the Second of June 1725, may be reversed; and that the said Decree may be affirmed:"

It is Ordered, That the said Jane Morley and the other Executors of the said George Morley, deceased, 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 Fourth Day of March next; and that Service of this Order on the Attorney or Attornies of the said Respondents, in the said Court of Exchequer in Ireland, be deemed good Service.

Stewart & al. versus Mackworth & al.

Upon reading the Petition and Appeal of James Stewart, Henry Rowe and Elizabeth his Wife, John Wallis, and Robert Knapp, on Behalf of themselves and the rest of the Partners or Company commonly called "The Company of the Mineral Manufactures at Neath;" complaining of an Original Decree of the Court of Chancery, made the Thirteenth of May 1726, and of a Decree, or Order, on re-hearing, the Fourteenth of June 1729, in certain Causes, wherein the Appellants were Plaintiffs, and Sir Humphry Mackworth and others were Defendants, et è contra; and praying, That the said Original Decree may be varied and rectified; and that the Decree, or Order, on re-hearing, may be reversed:"

It is Ordered, That Herbert Mackworth, Administrator of the Goods and Chattels of the said Sir Humphry Mackworth, deceased, King smill and William Mackworth, and Anne Mackworth, 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 Eleventh Day of February next.

Prat versus Hopkins & al.

Upon reading the Petition and Appeal of John Prat Esquire; complaining of an Order of Dismission, with Costs, made by the Court of Exchequer, the Fourteenth of November 1728, in a Cause wherein the Appellant was Plaintiff, and William Hopkins, Benjamin Midford, Henry Talbot, and Joseph Farmer, were Defendants; and praying, "That the same may be reversed, and the Appellant's Bill retained in the said Court, and the Matters thereby prayed decreed to the said Appellant:"

It is Ordered, That the said William Hopkins and the said other Defendants 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 Eleventh Day of February next.

Fergusson versus Maitland.

Upon reading the Petition and Appeal of William Fergusson of Auchinblain; complaining of several Interlocutors of the Lords of Session in Scotland, of the Thirteenth of February 1729, and the Third and Twenty-second of July following, made on the Behalf of Mr. William Maitland; and praying, "That the same may be reversed:"

It is Ordered, That the said William Maitland 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 Twenty-fifth Day of February next; and that Service of this Order upon the Respondent's Procurators, Attorney, or Agent, in the Cause below, be deemed good Service.

Baynes & al. versus Downes.

Upon reading the Petition and Appeal of John Baynes Serjeant at Law, John Milner, Jane Barrett, and Sarah Barrett Widow; complaining of Part of a Decree of the Court of Chancery, made the Fifth of January 1727, in a Cause wherein George Downes was Plaintiff, and the Appellants and others were Defendants; and praying, "That the said Decree may be varied so far, as that the Appellants may have Liberty to pay off the Mortgage in the Appeal mentioned, to the said Downes; and that, upon such Payment of One Hundred and Fifty Pounds, and Interest, and Costs, he may assign over the same, for the Benefit of the Appellants, to such Persons as they shall for that Purpose appoint:"

It is Ordered, That the said George Downes 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 Eleventh Day of February next.

Cardonnell and Lilly versus Browne & al.

Upon reading the Petition and Appeal of James Cardonnell Esquire, and of Mary Lilly, Widow and Administratrix of William Lilly, deceased; complaining of Part of a Decree of the Court of Chancery, made the Twenty-fourth of November 1713, in certain Causes, wherein William Hedges was Plaintiff, and the Appellants and others were Defendants; and wherein Valentine Browne and others were Plaintiffs, and the Appellants and others were Defendants; and praying, "That such Part of the said Decree, as relates to the Payment, Discharge, and Satisfaction, of the Principal Sum of the several Incumbrances vested in the Appellants, and the subsequent Report and Proceedings founded thereupon, may be reversed; and that, in order thereto, the usual Summons may be awarded, against Valentine Browne, Anthony Hammond, William Weldon and Elizabeth his Wife, Margaret and Frances Browne, John Asgill, and Richard Hedges; and that Service on their respective Clerks in Court in the aforesaid Causes here in England may be good Service:"

It is Ordered, That the said Valentine Browne and the other Parties abovenamed 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 Eleventh Day of February next.

Wellington versus Poulson & al.

Upon reading the Petition and Appeal of Richard Wellington, James and Bethell Wellington, Infants, by Bethell Goodwin Gentleman, their prochein Amie; complaining of Part of a Decree of the Court of Chancery, made the Twenty-third of June last, in a Cause wherein John Poulson was Plaintiff, and the said Infants, and John Darby, Arthur Bettesworth, and Francis Clay, were Defendants; and praying, "That the same may be reversed and set aside, so far as the said Decree tends to deprive the Appellants of so much of their Mother's Four Ninths of the Intestate's Estate, as exceeds the Two Hundred Pounds reserved by the Marriage Articles to the said John Poulson; and that this House will make such other Decree in the Premises, for the Appellants Relief, as to their Lordships shall seem meet:"

It is Ordered, That the said John Poulson, and the said other Defendants John Darby, Arthur Bettesworth, and Francis Clay, 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 Eleventh Day of February next.

Carroll versus Viccars.

Upon reading the Petition and Appeal of Barnaby Carroll Esquire; complaining of an Interlocutory Order of the Court of Exchequer in Ireland, made the Ninth of November 1728, as also of a subsequent Decree, of the Twenty-third of June 1729, in a Cause wherein Richard Viccars Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said Richard Viccars 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 Fourth Day of March next; and that Service of this Order on the said Respondent's Attorney in this Cause in Ireland be deemed good Service.

Vernon versus Maple.

Upon reading the Petition and Appeal of John Vernon Esquire; complaining of Two Orders of the Court of Chancery in Ireland, made the Ninth and Twentyfourth of July 1729, in a Cause wherein William Maple was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and all subsequent Proceedings thereon discharged; and that the Appellant may have his Costs:"

It is Ordered, That the said William Maple 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 Fourth Day of March next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Sir J Lambert versus Sir D. O Carroll.

Upon reading the Petition and Appeal of Sir John Lambert Baronet; complaining of certain Proceedings and an Order of the Court of Chancery, made the Twentieth of July 1724, in Two Causes, wherein Sir Daniel O Carrol was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, so far as they relate to the First Subscription on South Sea Stock; and that the said Sir Daniel O Carrol may be ordered to pay back to the Appellant the several Sums of Three Thousand Five Hundred Twenty-five Pounds, and Two Hundred and Fourteen Pounds, with Interest for the same, and the Appellant's Costs which he has been put to in the said Suits:"

It is Ordered, That the said Sir Daniel O Carrol 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 Eleventh Day of February next.

Cutlar versus Maxwell & al.

Upon reading the Petition and Appeal of Archibald Cutlar of Orraland; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Ninth of February 172⁷/8, and Fourth of February 1728/9, made on the Behalf of Alexander Maxwell of Newlaw, Alexander Maxwell of Balmangan, Lucy Maxwell, John Johnston Airdge, Jean Maxwell and John Maxwell her Husband, Mary Maxwell and James Kennen her Husband, Grierson and Thomas Moir her Husband, James Maxwell, William Maxwell, and Andrew Ewart; and praying, That the same may be reversed:"

It is Ordered, That the said Alexander Maxwell and the said other Parties abovementioned 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 Twenty-fifth Day of February next; and that Service of this Order on the respective Attornies or Procurators of the said Respondents, before the Court of Session in Scotland, be deemed good Service.

Ross versus Close & al.

A Petition of Alexander Hamilton, Agent for Robert Ross and others, upon their Appeal, to which Samuel Close and others are Respondents, was presented to the House, and read; praying, "In regard One of the Respondents has not put in his Answer, nor are the necessary Papers yet come from Ireland, that this House will enlarge the Time for hearing this Cause."

And thereupon the Petitioner being called in; and heard, at the Bar, touching the Allegations of his Petition:

And being withdrawn:

It is Ordered, That the Time for hearing the said Cause shall be enlarged, as desired; unless, upon Notice given to the Respondent's Agent, he shews Cause to the contrary To-morrow.

Order for Address about the Peace.

Ordered, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for His most Gracious Condescension, in laying the Treaty of Peace, Union, and Friendship, concluded at Seville on the Ninth of November last, before this House; and to declare our Opinion, that the said Treaty does contain all necessary Stipulations for maintaining and securing the Honour, Dignity, Rights, and Possessions of this Crown; and that all due Care is taken therein, for the Support of the Trade of this Kingdom, and for the repairing the Losses suffered by the Merchants."

And a Committee was appointed, to draw the said Address, as follows:

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

The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, an Address drawn by them, as follows:

Address reported.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to return Your Majesty our most hearty Thanks, for Your most Gracious Condescension, in laying the Treaty of Peace, Union, and Friendship, lately concluded at Seville, before this House.

"And we beg Leave to declare to Your Majesty, that the said Treaty does, in our Opinion, contain all necessary Stipulations for maintaining and securing the Honour, Dignity, Rights, and Possessions, of this Crown; and that all due Care is taken therein, for the Support of the Trade of this Kingdom, and for the repairing the Losses suffered by the Merchants."

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

Proposed, "That the same be presented to His Majesty by the whole House."

Which being objected to;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Lords with White Staves to know when His Majesty 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 by this House, with the said Address.

Done versus Weldon and Polhill.

After hearing Counsel, upon the Petition and Appeal of Thomas Done Esquire; complaining of a Decree of the Court of Chancery, made the Seventeenth of November 1727, in a Cause wherein the Appellant was Plaintiff, and Walker Weldon and David Polhill Esquires were Defendants; and praying, "That the same may be reversed, and the Appellant relieved:" As also upon the Answers of the said Walker Weldon and David Polhill put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs to the Respondent Polhill.

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 Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent David Polhill, the Sum of Ten Pounds, for his Costs in respect of the said Appeal.

Adjourn.

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

DIE Jovis, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Amherst versus Mascall, &c.

The Answer of Francis Mascall and James Bedingfeld Gentlemen, to the Appeal of Charles Selby Amherst Esquire, was brought in.

His Majesty to be attended with Address.

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

Cardonnell's Appeal:

The House was informed, "That some of the Respondents to the Appeal of James Cardonnell Esquire, presented to their Lordships on Wednesday last, resided in Ireland; wherefore it was prayed, That Service on their Clerk in Chancery here might be good Service; but no particular Direction was given concerning it:"

He and Clerks in Court to attend.

It is Ordered, That this Matter be taken into Consideration on Tuesday next; and that Notice thereof be given to the Appellant, as likewise to the Clerks in Court on both Sides; and that they all attend this House at that Time.

Ross's Appeal:

The Agent for Samuel Close, Respondent to the Appeal of Robert Ross, attending, to shew Cause why the Time for hearing the said Appeal should not be enlarged.

He was called in; as likewise the Appellant's Agent.

And being both heard at the Bar, and withdrawn:

Hearing not to be put off.

It is Ordered, That the said Cause do stand for an Hearing on Monday next.

Woodward, to enter into a Recognizance for Jervoise.

A Petition of Thomas Jervoise Esquire, was presented to the House, and read; praying, "In regard he is in the Country, and ill, that Gervas Woodward Gentleman may be permitted to enter into a Recognizance for him, on account of his Appeal."

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

Byrne to enter into a Recognizance.

The House being moved, "That Michael Byrne Gentleman may be permitted to enter into a Recognizance for Gerald Byrne Gentleman, on account of his Appeal; he residing in Ireland:"

It is Ordered, That the said Michael Byrne may enter into a Recognizance for the said Appellant accordingly.

Carre to enter into a Recognizance.

The like Motion and Order, for Ralph Carre Gentleman to enter into a Recognizance for John Carre Esquire, on account of his Appeal; he being in Scotland.

Murray to enter into a Recognizance for Ross.

The like Motion and Order, for Thomas Murray Gentleman to enter into a Recognizance for Robert Ross and others, on account of their Appeal; they residing in Ireland.

Claughton Commons Bill, Committee revived.

Ordered, That the Committee appointed to meet on Consideration of the Bill, intituled, "An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster," be revived; and meet on Monday Morning next.

Minchin versus Edwards:

Thomas Bradish attending, with Papers and Pleadings, in the Cause wherein John Minchin Esquire is Appellant, and Mary Edwards Respondent:

Pleadings proved.

He was called in, and delivered the same at the Bar; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Ross & al. versus Close & al. Pleadings proved.

David Cole attended; and likewise delivered in, at the Bar, the Pleadings and Proceedings, in the Cause wherein Robert Ross and others are Appellants, and Samuel Close and others are Respondents, with the like Attestation.

And withdrew.

Adjourn.

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

DIE Veneris, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to 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 this most Gracious Answer; (videlicet,)

"My Lords,

"I am glad the Treaty which I have, in Conjunction with My Allies, concluded with Spain, is so entirely to your Satisfaction. By a punctual Execution of our mutual Engagements, we shall establish a firm and lasting Friendship with that Crown, which will be of great Advantage to the Trade and Navigation of this Kingdom."

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.

Then, in order to solemnize this Day; being by Act of Parliament appointed 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 Lunæ, secundum diem Februarii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.