House of Lords Journal Volume 24: January 1734

Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 24: January 1734', in Journal of the House of Lords Volume 24, 1732-1737, (London, 1767-1830) pp. 318-335. British History Online https://www.british-history.ac.uk/lords-jrnl/vol24/pp318-335 [accessed 17 March 2024]

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In this section

January 1734

Anno 7o Georgii Secundi.

DIE Jovis, 17o Januarii, 1733.

DIE Jovis, 17o Januarii, 1733, Annoque Regni Serenissimi Domini Nostri Georgii 2di, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Septimo, in quem Diem hæc Septima Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ, apud Westmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX.

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Eliens.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Cicestriens.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Atholl.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Exeter.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwater.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Hardwicke.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, fitting 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, that 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,

"The War which is now begun and carried on against the Emperor, with so much Vigour, by the united Powers of France, Spain, and Sardinia, is become the Object of the Care and Attention of all Europe; and though I am no Ways engaged in it, and have had no Part, except by My good Offices, in those Transactions which have been declared to be the principal Causes and Motives of it, I cannot sit regardless of the present Events, or be unconcerned for the future Consequences of a War, undertaken and supported by so powerful an Alliance.

"If ever any Occasion required more than ordinary Prudence and Circumspection, the present calls upon us to use our utmost Precaution, not to determine too hastily upon so critical and important a Conjuncture; but to consider thoroughly what the Honour and Dignity of My Crown and Kingdoms, the true Interest of My People, and the Engagements we are under to the several Powers we are in Alliance with, may, in Justice and Prudence, require of us.

"I have therefore thought it proper to take Time to examine the Facts alledged on both Sides, and to wait the Result of the Councils of those Powers that are more nearly and immediately interested in the Consequences of the War; and to concert with those Allies who are under the same Engagements with Me, and have not taken Part in the War (more particularly The States General of the United Provinces), such Measures as shall be thought most adviseable for our common Safety, and for restoring the Peace of Europe.

"The Resolutions of the British Parliament, in so nice a Juncture, are of too great Moment not to be carefully attended to, and impatiently expected by all; and not least by those who will hope to take Advantage from your Determinations, whatever they shall be, and to turn them to the Prejudice of this Kingdom. It must therefore be thought most safe and prudent, thoroughly to weigh and consider all Circumstances, before we come to a final Determination.

"As I shall have, in all My Considerations upon this great and important Affair, the strictest Regard to the Honour of My Crown, and the Good of My People, and to be governed by no other Views; I can make no Doubt but that I may entirely depend on the Support and Assistance of My Parliament, without exposing Myself, by any precipitate Declarations, to such Inconveniencies as ought, as far as possible, to be avoided.

"In the mean Time, I am persuaded, you will make such Provisions, as shall secure My Kingdoms, Rights, and Possessions, from all Dangers and Insults, and maintain the Respect due to the British Nation. Whatever Part it may, in the End, be most reasonable for us to act, it will, in all Views, be necessary, when all Europe is preparing for Arms, to put ourselves in a proper Posture of Defence. As this will best preserve the Peace of the Kingdom; so it will give us a due Weight and Influence in whatever Measures we shall take, in Conjunction with our Allies: But, should the Defence of the Nation not be sufficiently provided for, it will make us disregarded Abroad, and may prove a Temptation and Encouragement to the desperate Views of those who never fail to flatter themselves with the Hopes of great Advantages from public Troubles and Disorders.

"Gentlemen of the House of Commons,

"I shall order the Estimates to be laid before you, of such Services as require your present and immediate Care: The Augmentation which will be proposed for the Sea Service will be very considerable; but, I am confident, it will be thought by you reasonable and necessary. I must particularly recommend to your Care the Debt of the Navy, which has every Year been laid before you; but, from the present Circumstances of the Times, I believe you will think it now requires some Provision to be made for it; which cannot well be longer postponed, without manifest Detriment to the Public Service.

"As these extraordinary Charges and Expences are unavoidable, I make no Doubt but you will effectually raise the Supplies necessary for defraying of them, with that Readiness and Dispatch, and with that just Regard to the true Interest of My People, which this Parliament has hitherto shewn upon all Occasions.

"My Lords, and Gentlemen,

"It is at all Times to be wished, that the Business of Parliament might be carried on free from Heats and Animosities, and with that Temper which becomes the Justice and Wisdom of the Nation: At this Time it is more particularly to be desired, that this Session may not be protracted by unnecessary Delays, when the whole Kingdom seems prepared for the, Election of a new Parliament; an Event, which employs the Attention of all Europe: And I am very well pleased that this Opportunity offers, of taking again the Sense of My People in the Choice of a new Representative, that the World may see how much their true Sentiments have been mistaken, or misrepresented. Those who see and hear only at a Distance may easily be imposed upon, and from thence conceive false Hopes or Fears: But, I am confident, a little Time will effectually remove all groundless Surmises; and it will be found that Great Britain is always ready to act that Part which the Honour and Interest of the Nation calls upon them to undertake."

The Speech being ended; His Majesty was pleased to withdraw; and the Commons returned to their House.

PRAYERS.

Certificate of the Election of D. Atholl delivered.

The Deputy Clerk of the Crown in Chancery having delivered a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the Room of the Earl of Sutherland, deceased; the same was read, as follows:

"May it please your Lordships,

"We do hereby certify, That, by virtue of His Majesty's Proclamation of the Second of August One Thousand Seven Hundred and Thirty-three, a Certificate under the Hands and Seals of Sir John Dalrymple and Mr. John Murray, Clerks of Session attending the Election aftermentioned, in virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that James Duke of Athol was unanimously elected and chosen to sit and vote in the House of Peers in this present Parliament, in the Room of John Earl of Sutherland deceased.

"Given under our Hands, this Sixteenth Day of October One Thousand Seven Hundred and Thirty-three.

"Stephen Bisse and Tho's Bray, Clerk of the Crown."

Lords take then Seats.

Henry Earl of Suffolk sat first in Parliament, after the Death of his Father Edward Earl of Suffolk:

Also, George Earl of Cardigan sat first in Parliament, after the Death of his Father George Earl of Cardidigan:

Likewise, Robert Lord Romney sat first in Parliament, after the Death of his Father Robert Lord Romney:

Their Lordships, together with James Duke of Athol, 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.

The Lord Chancellor acquainted the House, "That there were several Lords ready to be introduced."

D. of Marlborough introduced:

Accordingly, Charles Earl of Sunderland, now Duke of Marlborough (by virtue of an Act of Parliament passed in the 5th Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for settling of the Honours and Dignities of John Duke of Marlborough upon his Posterity, and annexing the Honour and Manor of Woodstock and House of Blenheim, to go along with the said Honours)," was (in his Robes) introduced, between the Duke of Bedford and the Duke of Manchester (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, the Lord Great Chamberlain, and the Deputy Earl Marshal of England, preceding:

His Grace presented his Writ of Summons to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; who having, at the Table, read Part of the said Act of Parliament, the said Writ of Summons was also read; and is as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our most Dear Cousin Charles Duke of Marlborough, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held at Our City of Westminster, on the Eight and Twentieth Day of November in the First Year of Our Reign; and there, with the Prelates, Nobles, and Peers, of Our said Kingdom, to confer and treat; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of this Instant January, at Our City aforesaid, to be then there held and continued: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present, at the said Day and Place, with Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Sixteenth Day of January, in the Seventh Year of Our Reign.

"Bisse & Bray."

Which being done; his Grace 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 then placed on the upper End of the Earls Bench.

E Graham introduced:

Also, William Earl Graham, claiming by virtue of a special Limitation contained in a Patent granted to his late Brother David Earl Graham, bearing Date the 3d of May in the 8th Year of His late Majesty King George was (in his Robes) introduced, between the Lord Pre sident and the Earl of Scarbrough (also in their Robes) the same Officers preceding as before.

His Lordship presented the said 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.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our most Dear Cousin William Earl Graham, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held at Our City of Westminster, on the Eight and Twentieth Day of November, in the First Year of Our Reign; and there, with the Prelates, Nobles, and Peers of Our said Kingdom, to confer and treat; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of this Instant January, at Our City aforesaid, to be then there held and continued: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place with Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Fifteenth Day of January, in the Seventh Year of Our Reign.

"Bisse & Bray."

Which being done; the said Earl 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 then placed in his due Place on the Earls Bench.

L. Hinton introduced:

Likewise, John Poulet of Hinton St. George, in the County of Somerset, Chevalier, Eldest Son of John Earl Poulet, having received His Majesty's Writ to summon him to sit in this present Parliament, was (in his Robes) introduced, between the Lord Delawarr and the Lord Monson (also in their Robes); the same Officers preceding.

His Lordship presented his said Writ to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Well-beloved John Poulet, of Hinton St. George, in Our County of Somerset, Chevalier, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held, at Our City of Westminster, on the Eight and Twentieth Day of November, in the First Year of Our Reign; and there, with the Prelates, Nobles, and Peers of Our said Kingdom, to confer and treat; which Parliament hath been, from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of this Instant January, at Our City aforesaid, to be then there held and continued: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Sixteenth Day of January, in the Seventh Year of Our Reign.

"Bisse & Bray."

Which being done; 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 then placed on the Barons Bench, in his Father's Barony.

L. Hardwicke introduced:

Also, Sir Philip Yorke Knight (being, by Letters Patent dated the 23d Day of November in the Seventh Year of the Reign of His present Majesty) created Lord Hardwicke, in the County of Gloucester, was (in his Robes) introduced, between the Lord Delawarr and the Lord Monson (also in their Robes); the same Officers preceding.

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.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Well-beloved Counsellor Philip Yorke, of Hardwicke, in Our County of Gloucester, Chevalier, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be held, at Our City of Westminster, on the Eight and Twentieth Day of November, in the First Year of Our Reign; and there, with the Prelates, Nobles, and Peers of Our said Kingdom, to confer and treat; which Parliament hath been, from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of January now next coming, at Our City aforesaid, to be then there held and continued: We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to U3, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give your Advice And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentieth Day of December, in the Seventh Year of Our Reign.

"Bisse & Bray."

Which being done; his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lower End of the Barons Bench.

L. Chancellor Talbot introduced.

The Lord President acquainted the House, "That His Majesty had been pleased to create Charles Talbot Esquire, Lord Chancellor of Great Britain, a Peer of this Realm."

Whereupon his Lordship, taking in his Hand the Purse with the Great Seal, retired to the lower End of the House; and, having there put on his Robes, was introduced, between the Lord Harrington and the Lord Delawarr (also in their Robes); the same Officers preceding as before.

His Lordship laid down his Patent upon the Chair of State, kneeling; and from thence took and delivered it to the Clerk, who read the same at the Table; which bears Date the 15th of December, in the Seventh Year of His present Majesty; whereby is granted to his Lordship the Style and Title of Lord Talbot, Baron of Hensell, in the County of Glamorgan.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Well-beloved Counsellor Charles Talbot, of Hensell, in Our County of Glamorgan, Chevalier, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church; We did lately, with the Advice and Consent of Our Council, ordain our present Parliament to be held, at Our City of Westminster, on the Eight and Twentieth Day of November, in the First Year of Our Reign; and there, with the Prelates, Nobles, and Peers of Our said Kingdom, to confer and treat; which Parliament hath been, from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of January now next coming, at Our City aforesaid, to be then there held and continued; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twentieth Day of December, in the Seventh Year of Our Reign.

"Bisse & Bray."

Then his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Which done, he took his Place on the lower End of the Barons Bench; from whence he went to the upper End of the Earls Bench, and fat there as Lord Chancellor; and then returned to the Woolsack.

Poor's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the Poor's being defrauded."

The Lord Chancellor reported His Majesty's Speech.

And the same being afterwards read, by the Clerk:

Order for Address.

Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House, for His most Gracious Speech from the Throne: To assure His Majesty how sensible we are of His Concern for the War unhappily begun in Europe; and how requisite the utmost Caution and Prudence must be, for a Determination in this important Conjuncture: To express the Satisfaction of this House, in hearing His Majesty's Resolution to weigh all Circumstances, before this Nation take any Part in so nice and dangerous an Occurrence; and to assure Him of the thorough Conviction this House has received, from the whole Series of His Reign, that there are no Difficulties to which His Majesty's Wisdom and Prudence are not equal: That whatever Hopes may be conceived, by the Enemies to His Majesty's Government, of Advantages to be drawn from the Determination of Parliament, that we make no Doubt but the Zeal and Vigour shewn by this House, in Support of His Majesty and His Measures, shall effectually destroy all such Expectation: That nothing shall be wanting, on our Part, to put the Nation in such a Posture of Defence, as shall effectually protect it from all Insults and Dangers: And that this House, with a due Regard to His Majesty's Recommendation, and to the Dignity of their own Proceedings, will avoid, as far as possible, all Heats and Animosities, that no Impediments may arise to the Dispatch of Public Business, nor any unnecessary Delays protract the Session, or postpone the just Pleasure His Majesty proposes to Himself in taking again the Sense of His People in a new Representative."

Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the said Order; (videlicet,)

Ld. President.
D. Newcastle.
D. Manchester.
E. Scarbrough.
E. Strafford.
E. Tankerville.
E. Effingham.
Ld. Delawarr.
L. Hervey.
L. Bathurst.
L. Onslow.
L. Cadogan.

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 draw the Address.

After some Time, the House was resumed.

And the Lord Hervey reported from the said Commitee, an Address drawn by them, as follows:

Address of Thanks on His Majesty's Speech.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave, in the humblest Manner, to return Your Majesty our grateful and sincere Thanks, for Your most Gracious Speech from the Throne.

"Your Majesty has given too many Proofs of Your good Offices and Endeavours to preserve the Public Peace and Tranquillity, for us not to be thoroughly persuaded that Your Majesty cannot regardless and unconcerned behold a War now unhappily begun in Europe, undertaken by so powerful an Alliance, and prosecuted with so much Vigour.

"And as no Occasion can require more Caution, more Wisdom, and more Circumspection, than the present, to dictate what Part is the most proper for Great Britain to act; so we have the fullest Satisfaction in reflecting in whose Breast it lies to make that Determination for us.

"And as Your Majesty has avoided coming to any final Determination, till all Engagements by which You are bound to the several Powers concerned are duly examined, till all Facts are fully and fairly stated, and till the Result of the Councils of other Powers in the same Situation with Your Majesty are known; so we cannot but look on this prudent Suspense of Your Resolutions as an Earnest of our Safety in Your Majesty's Councils; not doubting but the same Wisdom which prompted Your Majesty to delay Your Determination will also direct Your Choice, whenever you shall come to make it.

"The whole Series of Your Majesty's Transactions, during Your most glorious and happy Reign, has convinced us that there is no Task to which You are unequal, nor any Difficulties you cannot surmount: We therefore beg Leave to assure Your Majesty, not only of our Gratitude for Your past, but our Reliance on Your future Care; and intreat Your Majesty to believe, that it is as impossible for us, who are benefited by the Merit of that Conduct, not to do every Thing in our Power to deserve it, as it is even for those who wish it less not to allow it.

"Whatever Expectations, therefore, those who are envious of the Prosperity, jealous of the Honour, or Rivals to the Interest, of the British Nation, may conceive, from the Result of our Deliberations in Parliament; yet, when all Europe shall fee that every new Opportunity we have of declaring our Sentiments is a new Proof of the Harmony subsisting between Your Majesty and Your Subjects, and of the Confidence they place in You, we doubt not but that all Hopes of Advantage to be taken from what shall pass amongst us will be immediately dispelled; and that the Zeal, Vigour, and Unanimity, that shall appear amongst us, will not only double the Assi duity of those who court Your Majesty's Friendship, but the Apprehensions of those (if any such there are) who may provoke Your Resentment.

"And, because the surest Way, in these general Troubles and Commotions, to prevent any Design being formed to molest or annoy Your Majesty's Dominions, is to shew how unsuccessful such a Design must prove; nothing shall be wanting, on our Part, that may conduce to the strengthening Your Majesty's Hands, and putting the Nation, at this critical and important Juncture, in such a Posture of Defence, as shall effectually protect its Honour from any Insult, its Safety from any Danger, and its Tranquillity from any Attempt to disturb it.

"We beg Leave also to assure Your Majesty, that the strict and due Regard we always pay to Your Royal Recommendation, as well as a proper Concern for the Support of our own Characters and Dignity, will certainly make us avoid, with the utmost Caution, all Heats and Animosities in our Debates; that we may shew, with a becoming Unanimity, our Duty to Your Majesty, our Care of the Public Welfare, and our Regard to the Interests and Liberties of the People: We will also prevent, as far as in us lies, any improper Delays, retarding the Dispatch of Public Business, or protracting the Sessions into any unnecessary Length, that Your Majesty may not have the just Pleasure You propose to Yourself, in taking again the Sense of the Nation in a new Representative, postponed; but that You may receive the earliest Demonstrations of the Good-will of Your People, and have the Satisfaction to see they are as capable of gratefully feeling that Happiness they enjoy under Your Majesty's just and wise Government, as You are ready and willing to confer it."

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

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 He will be pleased to appoint, to be attended therewith.

Committee of 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.

Ld. Chancellor.
L. President.
L. Privy Seal.
L. Steward.
L. Chamberlain.
D. Richmond.
D. St. Albans.
D. Bolton.
D. Bedford.
D. Marlborough.
D. Rutland.
D. Montagu.
D. Athol.
D. Montrose.
D. Kent.
D. Ancaster, Ld. Great Chamberlain.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Exeter.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Chesterfield.
E. Thanet.
E. Cardigan.
E. Burlington.
E. Litchfield.
E. Scarbrough.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Jersey.
E. Grantham.
E. Godolphin.
E. Cholmondeley.
E. Craufurd.
E. Morton.
E. Buchan.
E. Selkirk.
E. Dunmore.
E. Orkney.
E. Marchmont.
E. Stair.
E. Ilay.
E. Strafford.
E. Tankerville.
E. Aylesford.
E. Halifax.
E. Cowper.
E. Macclesfield.
E. Pomfret.
E. Graham.
E. Ker.
E. Fitzwater.
E. Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
L. Bp. London.
L. Bp. Durham.
L. Bp. Winton.
L. Bp. Oxford.
L. Bp. Sarum.
L. Bp. Ely.
L. Bp. Lincoln.
L. Bp. Rochester.
L. Bp. Carlisle.
L. Bp. Lich. & Cov.
L. Bp. Chichester.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol.
Ld. Harrington.
L. Abergavenny.
L. Percy.
L. Delawarr.
L. Willoughby Br.
L. Hunsdon.
L. Lovelace.
L. Hinton.
L. Maynard.
L. Bruce.
L. (fn. 1) Byron.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Guilford.
L. Weston.
L. Haversham.
L. Gower.
L. Hervey.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Walpole.
L. Hobart.
L. Monson.
L. Malton.
L. Hardwicke.

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

Committee for the 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 former Sessions of Parliament.

Ld. President.
D. Bedford.
D. Marlborough.
D. Kent.
D. Newcastle.
D. Greenwich.
D. Bridgewater.
M. Tweeddale.
E. Warwick.
E. Westmorland.
E. Scarbrough.
E. Coventry.
E. Cholmondeley.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Macclesfield.
E. Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
L. Bp. London.
L. Bp. Oxford.
L. Bp. Carlisle.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. Bristol.
Ld. Delawarr.
L. Bruce.
L. Carteret.
L. Haversham.
L. Boyle.
L. Foley.
L. Bathurst.
L. Onslow.
L. Hardwicke.

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 Whitchall 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 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 said 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.

Cause days appointed.

Ordered, That Mondays, Wednesdays, and Fridays, be appointed Days for the Hearing of Causes.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Athol.
March. Tweeddale.
Comes Suffolk.
Comes Berks.
Comes Cardigan.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Strafford.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Romney.
Ds. Hardwicke.

PRAYERS.

Sir R. Austen against Sir John Leigh.

The Answer of Sir John Leigh Knight, to the Appeal of Sir Robert Austen Baronet and others, was brought in.

His Majesty to be attended with the 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 He would be pleased to appoint to be attended by this House, with their Address; and that His Majesty had been pleased to appoint this Day, at Two a Clock, at His Palace of St. James's."

D. Rutland & al. Petition for a Bill to enclose Wollesthorp Commons.

Upon reading the Petition of John Duke of Rutland, Lord of the Manor, and Patron of the Church, of Wollesthorp, in the County of Lincoln, and Derham Hudlestone Clerk, Rector of the Church of Wollesthorp aforesaid, Roger Goodson Roper, John Clark Yeoman, and Elizabeth Hickling Widow; praying Leave to bring in a Bill, to enclose and divide certain Common Fields, called The Clay Fields, within the said Manor and Parish:

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

Griel against Gansell.

Upon reading the Petition and Appeal of Susanna Griel Spinster; complaining of a Decree of the Court of Chancery, of the 31st of October and 3d of November 1732, made in a Cause wherein the Appellant was Plaintiff, and David Gansell Esquire Defendant; and praying, "That the same may be varied in the Particulars complained of; and that the said David Gansell may be directed to re-transfer £ 2225 Orphan Stock, £. 2000 Bank Stock, £. 1000 South Sea Annuities, and £. 940 South Sea Stock, to the Appellant; and accompt for the Dividends thereof, deducting what the Appellant has received, pursuant to the Order of the said Court, the 28th of November 1730, on the Appellant's delivering up the Bond given her by the Respondent, for the Payment of an Annuity to her for Life:"

It is Ordered, That the said David Gansell may have a Copy of the said Appeal; and he is hereby re quired to put in his Answer thereunto, in Writing, on or before Friday the First Day of February next.

Hephurne Rickart against E. Hoptoun.

Upon reading the Petition and Appeal of James Hepburne Rickart, of Keith, Esquire; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the 15th and 17th of February 1732, made on the Behalf of Charles Earl of Hoptoun; and praying, "That the same may be reversed:"

It is Ordered, That the said Earl of Hoptoun 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 15th Day of February next; and that Service of this Order upon the Agents or Procurators of the said Earl in the Court below be deemed good Service.

Murray & al. against Charters.

Upon reading the Petition and Appeal of Mr. Archibald Murray Advocate, Mr. James Baillie and James Armour Writers to the Signet, and William Robertson Writer in Edinburgh, Trustees of John Lowis of Merchiston, his Creditors; complaining of an Interlocutory of the Lords of Session in Scotland, of the 15th of November 1732, and the 1st Part of an Interlocutory of the 11th of January 1732/33, whereby the said Lords adhered to that Part of their former Interlocutor finding the Documents produced for instructing Usury not relevant; and of Two other Interlocutories, of the 21st of February and 6th of July last, made on the Behalf of Francis Charteris Esquire, and his Guardians; and praying, "That the same may be reversed:"

It is Ordered, That the said Francis Charteris 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 15th Day of February next; and that Service of this Order upon the Respondent's Agents or Procurators in the Court below be deemed good Service.

Halket & al. against Sir George Wardlaw.

Upon reading the Petition and Appeal of Captain Peter Halket of Pitfirran Esquire, Assignee of Janet, Elizabeth, and Mary Wardlaw, Daughters and only surviving Children of Sir Henry Wardlaw of Pitreavie Baronet, deceased; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the 27th of November last, made on the Behalf of Sir George Wardlaw; and praying, "That the same may be reversed; and that the Interlocutors of the 3d of January 1733 and 13th of February last may be affirmed:"

It is Ordered, That the said Sir George Wardlaw 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 15th Day of February next; and that Service of this Order upon the Agent or Procurator of the said Respondent in the Court below be deemed good Service.

Colmore & al. Petition referred to Judges.

Upon reading the Petition of Thomas Colmore of London Merchant and Anne his Wise, Isaac Milner of London Merchant, Godfrey Milner of London Gentleman, and Anne Colmore Widow, and Edmund Colmore Doctor of Laws, Executor of Charles Colmore deceased; praying Leave to bring in a Bill, for completing and carrying into Execution certain Articles of Agreement in the Petition mentioned, in order for the Sale or Mortgage of certain Estates, in the Counties of Warwick and Salop, belonging to the Petitioner Thomas Colmore, for Payment of his Debts, and other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Denton and Mr. Baron Comyns; 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.

Adjourn.

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

DIE Martis, 22o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
2. Epus. Lich. & Cov.
1. Epus. Carliol.
Epus. Bangor.
Epus. Menevens.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Cardigan.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Malton.
Ds. Hardwicke.

PRAYERS.

King's Answer to the Address:

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

"My Lords,

"I thank you for this dutiful and loyal Address: The Satisfaction you express, in My constant Attention and Endeavours for preserving the public Peace and Tranquillity, and promoting the Interests of My People, is extremely acceptable to Me: And as the Honour and Dignity of My Crown, and the Good of My Kingdoms, are My sole View; you may be assured of the Continuance of My Care and Vigilance for those desirable Ends, and of My firm Resolution, in all Events, to take such Measures as may best answer the Confidence you repose in Me, and secure the Safety and Happiness of the Nation."

Address and Answer to be printed.

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Accounts of 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 certain Acts of Parliament,

"Accounts of prohibited East India Goods, and Naval Stores imported from Russia."

And then they withdrew.

And the Titles of the said Accounts were read, by the Clerk, as follow:

"The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East India Goods, and Naval Stores imported from Russia, from Michaelmas 1732, to Michaelmas 1733.

"No 1. An Account of prohibited East India Goods remaining in Warehouses at St. Hellen's at Michaelmas 1732; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1733."

"No 2. An Account of prohibited East India Goods remaining in Warehouses at Leadenhall at Michaelmas 1732; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1733."

"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1732; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1733."

"No 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Outports, at Michaelmas 1732; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1733."

"No 5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1732, to Michaelmas 1733."

"No 6. An Account of Naval Stores imported from Russia into the Ports commonly called the Out Ports, from Michaelmas 1732, to Michaelmas 1733."

Ordered, That the said Accounts do lie upon the Table, for the Perusal of the Lords.

Accompt of Money paid for Interest or Navy Bills, delivered;

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty, of the 13th of June last,

"An Accompt of the Money which has been paid for Interest on Navy Bills, from Michaelmas 1723, to Christmas 1732; distinguishing the Money paid each Year, together with the Amount of the Sum in Navy Bills running at Interest at Christmas 1732."

And then they were directed to withdraw.

And the Title thereof being read, by the Clerk:

Ordered, That the said Accompt do lie upon the Table.

and on Vietualing Bills.

The House being informed, "That some of the Commissioners of the Victualing-office attended:"

They were called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty of the 13th of June last,

"An Accompt of the Money which has been paid for Interest on Victualing Bills, from Michaelmas 1723, to Christmas 1732; distinguishing the Money paid each Year, together with the Amount of the Sum in Victualing Bills running at Interest at Christmas 1732."

And then they withdrew.

And the Title of the said Accompt being read, by the Clerk:

Ordered, That the same do lie on the Table.

Vernon & al. against The City of Dublin.

The House being moved, "That Monday the 4th Day of February next may be appointed, for hearing the Cause wherein John Vernon Esquire and others are Appellants, and the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and Humphry French Alderman, Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the said 4th Day of February next, as desired.

Austen against Flack.

The like Motion and Order, for hearing the Cause wherein Thomas Austen Gentleman is Appellant, and Anne Flack, Widow and Executrix of James Flack Merchant, deceased, Respondent, on Wednesday the 20th Day of February next.

Green against Poole.

The like Motion and Order, for hearing the Cause wherein Charles Green Gentleman is Appellant, and Elizabeth Poole, Executrix of Sir John Delavall Baronet, deceased, Respondent, on Friday the 1st Day of February next.

E. of Uxbridge, Privilege, Complaint against Hubbard, concerning Hillingdon River.

Complaint was made to the House, of a Breach of Privilege, against the Earl of Uxbridge, by one John Hubbard, a Miller, in causing Part of a River called Hillingdon River, which runs to Drayton, to be deepened and also stopping a Hull, or Trunk; whereby the said Earl and his Tenants have lately been deprived of Water from the said River, which, for divers Years before, they constantly enjoyed.

And thereupon Oath being made, at the Bar, in relation to the Matter complained of:

It is Ordered, That the Matter of the said Complaint be, and is hereby, referred to the Lords Committees for Privileges.

E. Broadalbane against Menzies & al.

Upon reading the Petition and Appeal of John Earl of Broadalbane; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 20th and 23d of November last, made on the Behalf of James Menzies of Culdare and Angus McDonald of Kenknock; and praying, "That the same may be reversed:"

It is Ordered, That the said James Menzies and Angus McDonald 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 19th Day of February next; and that Service of this Order on the said Respondents Agents or Procurators in the said Court of Session be deemed good Service.

Rathborne against Byrne & al.

Upon reading the Petition and Appeal of John Rathborne Merchant; complaining of several Orders and Decrees of the Court of Chancery in Ireland, of the 19th of November 1730, the 2d of December and 3d of March 1731, the 17th of June and 15th of November 1732, made in a Cause wherein John Byrne, and Mary Byrne and Elizabeth Byrne, Daughters of the said John Byrne, and Thomas and William Byrne, Sons of the said John, Minors under the Age of Twenty-one Years, by their said Father and prochein Amie, were Plaintiffs, and the Appellant and others Defendants; and praying, "That the same may be reversed and set aside, and the Appellant relieved:"

It is Ordered, That the said John Byrne the Father, and the said Mary, Elizabeth, Thomas, and William Byrne, 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 26th Day of February next; and that Service of this Order upon the Clerk of the said Respondents in the Court of Chancery in Ireland be deemed good Service.

D. Argyll against Hamiltons & al.

The House being moved, on the Behalf of Isabella, Elizabeth, and Anne Hamilton, and Sir William Gordon Baronet, Respondents to the Appeal of John Duke of Argyll and Greenwich, "That Monday the 22d Day of April next may be appointed, for hearing the Cause, in regard the same was appointed to be heard last Session; but, the Parties having submitted it to Arbitration, the said Cause came not to an Hearing:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the said 22d of April next, as desired.

Wollesthorp Common Enclosure, Bill.

The Lord Steward (pursuant to the Order of Friday last) presented to the House a Bill, intituled, "An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvoir Castle, in the County of Lincoln."

And the same was read the First Time.

D. Roxburgh against Wauchop.

A Petition of John Duke of Roxburgh, was presented to the House, and read; setting forth, "That, by Order of the last Session of Parliament, the further hearing the Petitioner's Appeal was put off to the Second Thursday in this Session;" and praying, "In regard the Counsel employed by him are necessarily detained in Scotland, that the said Hearing may be put off till Thursday the 28th Day of February next."

And the Agents on both Sides being called in; and the Respondent's Agent consenting to the Prayer of the Petition; they were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing of the said Appeal be put off to Thursday the 28th of February next, as desired.

Bp. of Bangor to preach the 30th Instant.

Ordered, That the Lord Bishop of Bangor be, and he is hereby, desired to preach before this House, at the Abbey Church, Westminster, on Wednesday the 30th Day of this Instant January.

Jackson against Francia.

Upon reading the Petition and Appeal of Cuthbert Jackson, Executor of Francis Francia deceased, who was Son and surviving Executor of Domingo Francia deceased; complaining of so much of an Order made by the Court of Chancery, the 16th of October 1731, as relates to the Matter of the Appellant's First Exception taken to the Master's Report; and praying, That the same may be reversed; and that the said First Exception may be allowed, and such Order made for the Appellant's Relief as the Nature of his Case requires:"

It is Ordered, That Moses Francia, surviving Executor of Peter Francia, may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 5th Day of February next.

Sommers against Goswill, et è contra.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein Nicholas Sommers of the City of Exeter Merchant is Appellant, and Dorothy Goswill Widow Respondent, et è contra:"

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

Petitions for Private Bills, Time limited.

Ordered, That no Petition for a Private Bill shall be received, after the last Day of February next, during this Session of Parliament.

Marchioness Annandale against Marq. Annandale & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charlotta Marchioness of Annandale and Sir James Johnstone Baronet are Appellants, and George Marquis of Annandale her Son, an Infant, by John Lord Vane of the Kingdom of Ireland his Guardian, Charles Earl of Hoptoun, Henrietta Countess of Hoptoun, and John Lord Hope, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 25th Day of February next.

Address for an Accompt of the Debt of the Navy, and other Matters.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officers to lay before this House, an Accompt of the Debt of the Navy, as it stood at Christmas 1720, and as it stood at Christmas 1733; with an Accompt of what Sums of Money have been given towards the Payment of the said Debt, from Christmas 1720, to Christmas 1733."

Also, "That the proper Officers do lay before this House, an Account of the Number of Seamen employed in the Service of the Royal Navy, from the 31st December 1720, to the 31st December 1733; distinguishing the particular Numbers employed in each Year respectively; and distinguishing what Numbers were borne, and what mustered, in the said Service; and the Saving or Exceeding arising each Year, by a lesser or greater Number of Men having been employed than were granted by Parliament."

Also, "An Account of the Condition of the Fleet, as it stood in the Year 1721; distinguishing what Ships were in good Repair, what wanted a middle Repair, and what wanted a thorough Repair or Rebuilding; with the same as it now stands."

Also, "An Account of the Quantity of Stores, from the Monthly Returns of the several Species, as it stood at Christmas 1721, 1727, and 1733; distinguishing each Period of Time."

Also, "A List of the Sea Officers upon the Halfpay, with an Accompt of what Sum the same amounted to for Three Years last past; distinguishing each Year."

Also, "A List of Captains, Masters, Commanders, and Lieutenants, made from June 1720, to this present Time; distinguishing the Times when they were appointed, by whom made, and where."

Also, "An Account of such Officers as have desired Leave to quit the Service, after they were appointed to their respective Ships; setting forth the Time each Officer served on board the Ship he quitted, and where he quitted, from the Year 1720, to this Time."

Also, "An Accompt of old Stores and damaged Provisions sold, from Christmas 1720, to Christmas 1733; distinguishing each Year, and shewing how the same has been applied, and by what Authority."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

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

DIE Mercurii, 23o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Cicestriens.
Epus. Bangor.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea & Nott.
Comes Thanet.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Harrington, Unu Primariorum Secretariorum.
Ds. Delawarr.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Malton.

PRAYERS.

Representation of the Board of Trade, concerning the American Colonies.

The Earl of Westmorland presented to the House, a Book, intituled, "Representation of the Commissioners for Trade and Plantations, to the Right Honourable the Lords Spiritual and Temporal in Parliament assembled, in Obedience to His Majesty's Commands, pursuant to their Lordships Address to His Majesty of the 13th of June last, for an Account of the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom.

And the Title thereof being read:

Ordered, That the said Representation do lie on the Table.

Respondents to Knap's Appeal, ordered to answer.

Upon reading the Petition of Warner Knap and Elizabeth his Wife; praying, "In regard Two of the Respondents to the Petitioners Appeal, (videlicet,) Thomas Pembroke and Sarah his Wife, have not answered the said Appeal; that they may be required to put in their Answer thereunto, at such Time as this House shall please to appoint:"

It is Ordered, That the said Thomas Pembroke and Sarah his Wife do put in their Answer to the said Appeal, on or before Wednesday the 27th Day of February next.

King's Answer to the Address for Accompt of Navy Debts, &c.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House Yesterday; and that His Majesty was pleased to say, "He would give Order to the proper Officers, that the Particulars mentioned in the said Address should be laid before this House."

Lewis against Turner & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Percival Lewis is Appellant, and Elias Turner, Jacob Sawbridge, 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.

Wollesthorp Commons Enclosure, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvoir Castle, in the County of Lincoln."

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

L. President.
D. Rutland.
D. Manchester.
M. Tweeddale.
E. Northampton.
E. Winchilsea.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Strafford.
Viscount Falmouth.
L. Bp. London.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Bristol.
Ld. Delawarr.
L. Carteret.
L. Foley.
L. Bathurst.
L. Malton.

Their Lordships, or any Five of them; to meet on Thursday the 7th Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Glenorchy to enter into Recognizance for E. Broadalbane.

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

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

Adjourn.

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

DIE Veneris, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliolens.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
2. Comes Warrington.
1. Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Halifax.
2. Comes Macclesfield.
1. Comes Cowper.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Malton.
Ds. Hardwicke.

PRAYERS.

Sir Robert Austen & al. against Sir John Leigh.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Robert Austen Baronet and Peter Burrell Esquire, (Executors and Trustees of Sir Samuel Lennard Baronet, deceased,) Mary Johnson, Samuel Lennard and Thomas Lennard, Infants, by the said Mary Johnson their Guardian, are Appellants, and Sir John Leigh Knight is Respondent:"

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.

D. Roxburgh against Kerr & Ux.

The like Motion and Order, for hearing the Cause wherein John Duke of Roxburghe is Appellant, and Cbristian Kerr and Charles Kerr her Husband are Respondents, on the next vacant Day for Causes.

D. Hamilton against Manby & al.

The House was informed, "That the Appeal of the Dutchess of Hamilton was amended, pursuant to an Order of this House in the last Session of Parliament."

Appeal received.

And it being thereupon moved, "That the same might be received:"

The said Appeal was read; complaining of an Order made by the late Lord Chancellor, the 15th of March last, dismissing a Petition for re-hearing a Cause in the Court of Chancery; and praying, "That the same may be reversed:"

It is Ordered, That Edward Manby, Thomas Vaudry and Jane his Wife (Widow and Executrix of Richard Vernon), 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 8th Day of February next.

Respondents to Rowley's Appeal to answer.

The House was informed, "That Hugh McLorinan Gentleman, Edward Brice, John Upton, Thomas McLorinan, and Thomas Hamersley, had not answered the Appeal of William Rowley and Arabella his Wife, though required by an Order of the 2d of June last so to do."

And it being thereupon moved, "That an Order be now made for that Purpose:"

It is Ordered, That the said Respondents do put in their Answer or respective Answers to the said Appeal, in Writing, on or before Friday the First Day of March next.

Anderson against Anderson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mr. Thomas Anderson the Elder, an Idiot, by William Chatto, Writer in Edinburgh, his Curator, and Thomas Anderson the Younger, Eldest Son of the said Thomas Anderson, are Appellants, and Isabell the Daughter of Thomas Anderson, John Bull her Husband, and William Coults, and Robert Geddes their Assignee, 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.

Sankey against Foster & al.

The like Motion and Order, for hearing the Cause wherein Margaret Sankey, Widow and Administratrix of Henry Sankey Esquire, deceased, is Appellant, and Francis Foster Gentleman and Anne his Wife (formerly Anne Graham), Margaret Humphreys Widow (formerly Margaret Graham), and Sarah Graham, are Respondents, on the next vacant Day for Causes.

Lutwidge against Grey & al.

The like Motion and Order, for hearing the Cause wherein Thomas Lutwidge Merchant in Whitehaven, and Peter How Merchant there, his Assignee, are Appellants, and Archibald Gray, John Buchanan, and John King, Merchants in Glasgow, Respondents, on the next vacant Day for Causes.

D. Bridgewater against Sir Francis Edwards.

The like Motion and Order, for hearing the Cause wherein Scroop Duke of Bridgewater is Appellant, and Sir Francis Edwards Baronet Respondent, on the next vacant Day for Causes.

Tasburgh, &c. against Sir Robert Ecklin & al.

The like Motion and Order, for hearing the Cause wherein Henry Tasburgh Esquire and George McNemara are Appellants, and Sir Robert Ecklin Baronet, Thomas Tickle Esquire, and Clotilda Tickle, alias Eustace, his Wife, and Chetwood Eustace Esquire, Respondents, on the next vacant Day for Causes.

Fitzgerald against Eustace.

The like Motion and Order, for hearing the Cause wherein Maurice Fitzgerald Gentleman is Appellant, and Christopher Eustace Gentleman Respondent, on the next vacant Day for Causes.

White against Skene & al.

The like Motion and Order, for hearing the Cause wherein Mrs. Frances White is Appellant, and George Skene, and George Skene his Eldest Son, Dame Jean Skene, and Sir Alexander Forbes her Husband, are Respondents, on the next vacant Day for Causes.

Stafford & Ux. against L. Nassau Powlett.

The like Motion and Order, for hearing the Cause wherein Arthur Stafford Esquire and Susannah his Wife are Appellants, and Nassau Powlett Esquire, commonly called Lord Nassau Powlett, Executor of Major General James Crofts, deceased, Benjamin Burton, a Minor, Grandson and Heir of Charles Campbell Esquire, deceased, by his Father and next Friend Samuel Burton Esquire, Bruen Worthington Esquire, John Moore, and William Colvile, Executors of the said Charles Campbell, Respondents, on the next vacant Day for Causes.

Paschall against L. Carteret & al.

Upon reading the Petition and Appeal of Elizabeth Paschall Spinster, Admmistratrix of the Lady Bromsall, who was the Widow and Relict of Sir Thomas Bromsall Knight, deceased; and also Widow and Relict of Doctor John Herbert, deceased; complaining of a Decree of the Court of Chancery, of the First of June last, made on the Behalf of John Lord Carteret, Grace Countess of Granville, Sir Clement Cotterel, Mary Jeay Widow, Catherine Hazelden, Bromsall Throgmorton, Sir Thomas Cross, Elizabeth Herbert Widow, Edward Nightingale, and Francis Gwynn Esquire; and praying, "That the same may be reversed:"

It is Ordered, That the said Lord Carteret, Grace Countess of Granville, 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 Friday the 8th Day of February next.

Lodge & Ux. peremptorily to answer Way's Appeal.

The House was informed, "That Ebenezar Lodge and Anne his Wife have not put in their Answer to the Appeal of Juliana Way Widow, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Henry Gordon of the City of Dublin, of the due Service of the said Order, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.

Comyn & al. to answer Ryan's Appeal.

The House was informed, "That an Appeal of Jane Ryan Widow was brought in, the last Session of Parliament; and Nicholas Comyn, Randall Mc Donnell, Nicholas Weeks, John Little a Minor, and Henry Lynn and Anne his Wife, Heirs at Law of Nicholas Bromby, were ordered to answer."

But the Appellant not being able to prove due Service of the Order for answering:

It is Ordered, That the said Respondents do put in their Answer or respective Answers to the said Appeal, on or before Friday the First Day of March next.

Representation of the Board of Trade, concerning the American Colonies, to be considered.

Moved, "That the House be put into a Committee of the whole House, to take into Consideration the Representation of the Commissioners for Trade and Plantations, prepared in Pursuance of an Address to His Majesty of the 13th of June last, for an Account of the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom, and presented to this House on Wednesday last."

Ordered, That the House be put into a Committee, to take the said Representation into Consideration, on Thursday next; and that the same be referred to the said Committee.

Motion for an Address to know the good Offices used by His Majesty, refused.

Moved, "To order, that an humble Address be presented to His Majesty, that He will be graciously pleased to acquaint this House with those good Offices which His Majesty has used, with relation to those Things that have been declared to be the Causes of the War."

Which being objected to;

And a Question being stated thereupon:

After Debate;

It was moved, "That the House do now adjourn."

But the same being objected to:

A Question was put, upon that Motion.

And it was Resolved in the Negative.

Then it was moved, "To add to the Question above stated these Words; videlicet, ["which His Majesty, in His great Wisdom, shall now think proper to communicate to this House."]"

After further Debate;

The Question was put, "Whether those Words shall be made Part of the said Question?"

It was Resolved in the Negative.

After which, it was again moved, "That the House do now adjourn."

But the same being a Second Time objected to:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Then the Question being put, as stated upon the First Motion:

It was Resolved in the Negative.

Adjourn.

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

DIE Lunæ, 28o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Carliolens.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bedford.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Thanet.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Malton.

PRAYERS.

Boon & al.: Petition referred to Judges.

Upon reading the Petition of Charles Boone Esquire and Mary his Wife; praying Leave to bring in a Bill, for making an Exchange of Estates, in the Petition mentioned, effectual, which lie in Bletchingly and Rygate, in the County of Surry:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Comyns and Mr. Justice Lee; 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.

Mr. Gamble, Committee of Esmeade, a Lunatic, Petition referred to Judges.

Upon reading the Petition of John Gamble, Committee of the Person of Arthur Esmeade a Lunatic, and of Joannah Edridge, Sister and Heir Apparent of the said Lunatic; praying Leave to bring in a Bill, for Sale or Mortgage of a competent Part of an Estate, in the Petition mentioned, belonging to the said Lunatic's late Father, for raising Five Hundred Pounds, and all Interest attending the same:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; with the usual Directions, according to the Standing Orders.

Ker & al. against Beugo & al.

Upon reading the Petition and Appeal of James Ker of Morristoun Esquire, an Infant, by his Guardians, and Mary Hume, Eldest Daughter and Heiress of Alexander Hume late of Coldinghamlaw, deceased, and John Morrison Hume her Husband, for his Interest; complaining of several Interlocutors of the Lords of Session in Scotland, of the 10th of January 1729/30, and 17th of June 1730, in so far as the same repel the Defence against negative Prescription, and of the 11th of July 1730, the 17th and 31st of July 1733, and 10th of January Instant, made on the Behalf of William Beugo Merchant, Assignee of Anna Hume, and Jean Ridle and John Forrester her Husband, Margaret Ridle and David Aikenhead Plaintiffs in the Process in the said Court; and praying, "That the said several Interlocutors, in so far as aforesaid appealed against, may be reversed:"

It is Ordered, That the 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 Monday the 25th Day of February next; and that Service of this Order on the said Parties, or their Agents before the said Court of Session, be deemed good Service.

Herron & al. against E. Galloway.

Upon reading the Petition and Appeal of Patrick Herron of that Ilk, William Agnew of Castlewig, John Stewart of Phisgill, John McDouall of French, Captain Andrew Agnew of Locknaw, for themselves, and in Name of the other Heritors within the Priory of Whitehorn, and Mr. George Douglass Advocate, His Majesty's Solicitor for the late Bishop's Tithes, for the Crown's Interest; complaining of several Interlocutors of the Lords of Session in Scotland, of the 8th and 22d of December 1731, the 5th and 19th of January, the 16th of February, the 5th of July and 29th of November, 1732, made on the Behalf of James Earl of Galloway; and praying, "That the same may be reversed:"

It is Ordered, That the said Earl may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday the 25th Day of February next; and that Service of this Order upon the said Earl's Advocate, or Agent in the said Court of Session, be deemed good Service.

Johnstone & al Petition referred to Judges.

Upon reading the Petition of John Johnstone Esquire and Charlotta late Marchioness Dowager of Annandale his Wife, for herself, and on Behalf of George Marquis of Annandale, and John Johnstone Esquire, commonly called Lord John Johnstone, Infants, her Sons by her former Husband William late Marquis of Annandale, deceased, as their Guardian; and also for and on Behalf of Richard Johnstone, an Infant, her Son by her said present Husband; praying Leave to bring in a Bill, to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde, late of Hackneys Hall, in the County of York, Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum, per Annum, to be assigned to the said Trustees, for the same Trusts as by the said Will are declared concerning the Trust Estate:

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

Adjourn.

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

DIE Mercurii, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Comes Berks.
Ds. Boyle.

PRAYERS.

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

Adjourn.

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

DIE Jovis, 31o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Norwich.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Cardigan.
Comes Shaftesbury.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Henton.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Malton.

PRAYERS.

Way against Lodge,

The Answer of Ebenezer Lodge and Anne his Wife, to the Appeal of Juliana Way Widow, was brought in:

Hepburn Rickart against E. Hopeton.

As was likewise the Answer of Charles Earl of Hopeton, to the Appeal of James Hepburn Rickart of Keith Esquire:

Ryan against Comyn.

And also, the Answer of Nicholas Comyn, to the Appeal of Jane Ryan Widow.

Thanks to the Bishop of Bangor, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bangor, for the Sermon by him preached before this House Yesterday, at the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Baillie's Appeal:

Upon reading the Petition of John Baillie of Walstoun, a Lunatic, by Anthony Hammond Esquire, his Committee, setting forth, "That, the last Session of Parliament, a Committee of this House, appointed to consider of the Petitioner's Appeal, reported, "That the further Consideration thereof ought to be put off till certain Proceedings in Scotland, touching the Petitioner's Lunacy or Idiotry, were at an End;" of which as yet the said Mr. Hammond has no certain Account;" and therefore praying the Consideration of the House in this Matter:

Consideration of it reserved.

It is Ordered, That the further Consideration of the said Appeal be reserved, till the said Proceedings in Scotland are determined.

Way against Lodge:

The House being informed, "That a Person attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Juliana Way Widow is Appellant, and Ebenezer Lodge and Anne his Wife are Respondents:"

Pleadings proved.

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

And then he withdrew.

Report, Commissioners Charitable Corporation, delivered.

The House being informed, "That some of the Commissioners, appointed to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, attended:"

They were called in; and delivered, at the Bar (pursuant to a Clause in an Act of the last Session of Parliament),

"A Report of the said Commissioners."

And then they withdrew.

And the Title of the said Report was read.

Evelyn against Evelyn.

Upon reading the Petition and Appeal of Anne, Elizabeth, and Mary Evelyn, Infants under the Age of Twenty-one Years, by John Garth Esquire, their next Friend; complaining of Part of a Decree of the Court of Chancery, of the 4th of February 1731, made in a Cause wherein the Appellants, by their next Friend, were Plaintiffs, and Edward Evelyn and James Evelyn an Infant, by his Guardian Thomas Garth Esquire, and James Worseley Esquire, Defendants; and also in a Cross Cause, wherein the said Edward Evelyn and James Evelyn, by his next Friend, were Plaintiffs, and the Appellants, together with Charles Boone Esquire and Mary his Wife, late Mary Evelyn, Administratrix of George Evelyn Esquire, deceased, the said Thomas Garth, James Worseley, and Sir Thomas Pope Blount Baronet, deceased, Defendants; and praying, "That such Part of the said Decree as is complained of may be reversed, and the Appellants relieved:"

It is Ordered, That the said Edward Evelyn and James Evelyn his Son, Charles Boone and Mary his Wife, and James Worseley, 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 Thursday the 14th Day of February next.

D Roxburghe against Kerr.

Upon reading the Petition of John Duke of Roxburghe; praying, "In regard it is uncertain when the Petitioner's Counsel will come from Scotland, that the hearing his Appeal, to which Christian Kerr and her Husband are Respondents, may be put off till after the Time appointed for hearing another Appeal of the Petitioner's, to which Mr. Wauchope is Respondent:"

It is Ordered, That the hearing the said Appeal be put off to the First vacant Day for Causes after those already appointed.

Trotter against E. Marchmont & al.

Upon reading the Petition and Appeal of Henry Trotter of Mortounhall Esquire; complaining of several Interlocutories of the Court of Session in Scotland, of the 8th of January and 31st of December 1723, and 23d of January and 15th of February 1724, the 26th of November and 27th December 1726, and 19th of February 1732, the 15th of December 1733, and the 18th of this Instant January, made on the Behalf of Alexander Earl of Marchmont and Andrew Hogg of Harcarse Esquire; and praying, "That the same may be reveised:"

It is Ordered, That the said Earl of Marchmont and Andrew Hogg may have a Copy of the said Appeal; and put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 28th Day of February next; and that Service of this Order upon the Procurators or Agents of the said Respondents be deemed good Service.

Brodie Lyon King of Arm against Areskine.

Upon reading the Petition and Appeal of Alexander Brodie of Brodie Esquire, Lyon King of Arms; complaining of several Interlocutors of the Lords of Session in Scotland, of the 5th and 30th of July 1728, and 18th of January and 14th of February 1728/9, made on the Behalf of David Areskine Esquire; and praying, "That the same may be reversed:"

It is Ordered, That the said David Areskine may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 28th Day of February next; and that Service of this Order upon the Respondent's Agent or Agents at Edinburgh be deemed good Service.

Jevers against Jevers & al.

Upon reading the Petition and Appeal of Henry Jevers Esquire, Father of Henry Jevers the Younger; complaining of a Decretal Order of the Court of Exchequer in Ireland, of the 26th of June last, made in a Cause wherein Margaret Jevers Widow was Plaintiff, and the Appellant and others were Defendants; and praying, That the same may be reversed, or rectified for the Appellant's Relief:"

It is Ordered, That the said Margaret Jevers and Augustine Jevers, and Alexander Blenerhasset, 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 Thursday the 7th Day of March next; and that Service of this Order upon the said Respondents, or their respective Attornies in the said Court of Exchequer in Ireland, be deemed good Service.

Viscountess Doneraile against Viscount Doneraile & al.

Upon reading the Petition and Appeal of Catherine Sarah Lady Viscountess Doneraile in the Kingdom of Ireland, by her Father and next Friend John Cunningham of the City of Dublin Esquire; complaining of an Order, or Decree of Dismissal, of the Court of Chancery in the said Kingdom, of the 30th of June last, made in a certain Cause, wherein the Appellant, by her said next Friend, was Plaintiff, and Arthur Lord Viscount Doneraile and others were Defendants; and praying, "That the same may be reversed, or rectified; and that the Appellant may be decreed her Annuity of £.300 a Year, or otherwise relieved:"

It is Ordered, That the said Arthur Lord Doneraile and Lady Dowager Doneraile, James Barry, and the said other Defendants, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 7th Day of March next; and that Service of this Order upon the Six Clerk or Six Clerks of the said Defendants, in the said Court of Chancery in Ireland, be deemed good Service.

Countess Dowager of Kildare, &c. against Hopson.

Upon reading the Petition and Appeal of Elizabeth Countess Dowager of Kildare and Lady Catherine Jones; complaining of certain Parts of a Decree of the Court of Chancery, of the 30th of October last, whereby they are charged with the Payment of Interest for the Remainder of a Sum of £.800 and Costs, made in a Cause wherein Richard Hopson Esquire, Administrator with the Will annexed of Sir Charles Hopson Knight, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That Process may issue against the said Richard Hopson:"

It is Ordered, That the said Richard Hopson may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 14th Day of February next.

Philpot against Moor.

Upon reading the Petition and Appeal of Charles Philpott Gentleman; complaining of an Order and Decree of the Court of Chancery, the 23d of November 1731, and the Enrolment, and all Proceedings thereupon, made in a Cause wherein Humphry Moor was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed in the Particulars complained of:"

It is Ordered, That the said Humphry Moor may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 14th Day of February next.

Cullen & al. against Colquhoun.

Upon reading the Petition and Appeal of William Cullen and Agnes his Wife, Robert Love and Sarah his Wife, Henrietta Colquhoun, and Mr. John Boddie Merchant in Edinburgh; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 6th and 9th Days of January 1732/3, made on the Behalf of David Colquhoun; and praying, "That the same may be reversed:"

It is Ordered, That the said David Colquhoun may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 28th Day of February next; and that Service of this Order upon the Respondent's Agent in Scotland be deemed good Service.

Halpen against Lady Lawley & al.

Upon reading the Petition and Appeal of Mark Halpen Gentleman; complaining of a Decree of the Court of Exchequer, made upon hearing certain Causes, on the 9th Day of November last, wherein the Appellant was Plaintiff, and Dame Elizabeth Halpen, commonly called Lady Lawley, John Tinte, and John Smith, were Defendants; and praying, "That the same may be reversed, or varied:"

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 Thursday the 14th Day of February next.

Stanbury & al. against Bale & al.

Upon reading the Petition and Appeal of Thomas Stanbury, John Force, John Snelling, Samuel Maynard, Peter Rowe, James Woodley, Thomas Rouse, Jane Moses, and John Evens, otherwise Ewens; complaining of Part of certain Decrees, Orders, and Proceedings, of the Court of Exchequer, in a Cause wherein Christopher Bale Esquire was Plaintiff, and the Appellants and John Burrell, Joshua Hickman, John Gandy, and John Newcombe, Esquires, were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:"

It is Ordered, That the said Christopher Bale, John Burrell, Joshua Hickman, John Gandy, and John Newcombe, 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 Thursday the 14th Day of February next.

Sir J Hope to enter into a Recognizance for Capt. Halket:

The House being moved, "That Sir John Bruce Hope may be permitted to enter into a Recognizance for Captain Peter Halket, on account of his Appeal depending in this House; he residing in Scotland:"

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

Johnson, for Murray and others:

The like Motion and Order, for Mr. Claud Johnson Merchant in London, to enter into a Recognizance for Mr. Archibald Murray and others, for the same Reason.

Ross, for Hepbu ne Rickart.

The like Motion and Order, for Mr. Alexander Ross, to enter into a Recognizance for James Hepburne Rickart of Keith Esquire, for the like Reason.

Bate & al. Petition referred to Judges.

Upon reading the Petition of Lydia Bate, Widow and Relict of John Bate, late of Appleton, in the County of Chester, Gentleman, deceased, for and on the Behalf of herself, and of William, Elizabeth, and Mary Bate, her Children, who are all Infants; praying Leave to bring in a Bill, for Sale of certain Lands, lying in Widness, Denton, and Appleton, in the Chapelry of Farnworth, in the County of Lancaster, together with the Lands of Stockton, Appleton, Latchford, and Lower Walton, in the County of Chester, for discharging of Debts and Incumbrances in the Petition mentioned:

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

Representation of the Board of Trade, concerning American Colonies:

The Order of the Day, for the House to be put into a Committee, to take into Consideration the Representation of the Commissioners for Trade and Plantations, prepared in Pursuance of an Address to His Majesty, of the 13th of June last, for an Account of the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom, being read:

Consideration of it put off.

It is Ordered, That the House be put into a Committee, to take the said Representation into Consideration, on this Day Sevennight.

Adjourn.

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

Hitherto examined by us,

Portland.
Litchfield.
Abingdon.
Oxford & Mortimer.
N. St. Davids.
Isa. Asaph.

Footnotes

  • 1. Origin. Bryon.