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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Anno 8o Georgii Secundi.
DIE Martis, 14o Januarii.
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, sitting in his Place on his Majesty's Right Hand; the Lords being likewise 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."
"And therefore it is His Majesty's Pleasure, that you Gentlemen, of the House of Commons, immediately repair to the Place where the Commons usually fit, and there choose a fit Person to be your Speaker; and that you present him whom you shall so choose to His Majesty, here, for His Royal Approbation, on Thursday the 23d of this Month, at Two of the Clock."
Then the Certificate of the Clerk of the Crown, of the Names of the Sixteen Peers, chosen to sit and vote in this House, for that Part of Great Britain called Scotland, delivered by the said Clerk of the Crown the 13th of June last, was, pursuant to a Direction in the Roll of Standing Orders, read.
DIE Jovis, 23o Januarii.
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, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."
"The Commons of Great Britain, in Parliament assembled, have, in Pursuance of Your Majesty's Direction, and according to their ancient Right, proceeded to the Election of One of their Members, to be presented to Your Majesty for their Speaker: And their Choice, Sir, has again fallen upon me, for this important Trust.
"An Office, Sir, which almost in all Times has been deemed too important and difficult for any Person to undertake, without expressing his Fears and Dread of not performing his Duty in it, and of the State thereby receiving Detriment through his Inabilities.
"A Caution, Sir, none can use better than they who have experienced the Difficulty; nor Your Majesty's Power of remitting Your Commons to another Choice be better exercised, than where You, Sir, must have experienced a former Insufficiency.
"Both make it a Matter of Duty in me, to be an humble Suitor to Your Majesty, that, in Grace to Your faithful Commons, Your Majesty will be pleased to send them back, to re-consider what they have done; and to make Choice of some other Person on this Occasion, more proper than I am, for their Service and Your Royal Approbation."
"His Majesty, having experienced your Ability and Integrity in the Execution of the important Office of the Speaker of the House of Commons, and your Zeal for His Service and for the Interest of your Country, commands me to let you know, that He entirely approves the Choice the Commons have made of you to be their Speaker: His Majesty therefore is not pleased to admit your Excuse; but allows and confirms you to be Speaker."
"Whatever Difficulties, Sir, may attend the Execution of the Office Your Majesty has now been pleased to confirm me in; whatever my Sense may be of my Inability to perform it as I ought: It is my Duty to submit myself to Your Majesty's Commands; and to acknowledge, with all Gratitude, Your Majesty's Grace to me, and the high Honour I receive in this Promotion; and to assure Your Majesty, as I do, of my best Endeavours to discharge this great Trust with Impartiality and Uprightness of Mind, as what I am sensible will best recommend my poor Services to your favourable Construction, and be most likely to induce Your Majesty's Pardon on my Failings and Infirmities: Which I humbly implore of Your Majesty; at least, that they may be imputed only to me, and in no wise to your faithful Commons. And, that Your Commons in Parliament may be the better enabled to perform their Duty to Your Majesty and their Country, I do, in their Name, and in their Behalf, by humble Petition to Your Majesty, lay Claim to all their ancient Rights and Privileges; particularly,
"His Majesty is fully satisfied of the Duty and Affection of the House of Commons, and of their Discretion and Temper. His Majesty therefore very readily grants them all their Privileges, in as ample a Manner as they have at any Time been granted or allowed by any of His Royal Predecessors.
"As to what you have desired with regard to yourself; His Majesty will always put the most favourable Construction upon your Words and Actions in the Execution of your Duty, if you, Sir, who are so conversant in the Rules and Usages of Parliament, should ever stand in Need of it."
"The present Posture of Affairs in Europe is so well known to you all, and the good or bad Consequences that may arise and affect us from the War being extinguished or being carried on are so obvious, that, I am persuaded, you are met together fully prepared and determined to discharge the great Trust reposed in you, at this critical Conjuncture, in such a Manner as will best contribute to the Honour and Interest of My Crown and People.
"I opened the last Session of the late Parliament by acquainting them, "That, as I was no Ways engaged, but by My good Offices, in the Transactions that were declared to be the principal Causes and Motives of the present War in Europe, it was necessary to use more than ordinary Prudence and Circumspection; and the utmost Precaution, not to determine too hastily upon so critical and important a Conjuncture; to examine the Facts alleged on both Sides; to wait the Result of the Councils of those Powers that are more nearly and immediately interested in the Consequences of the War; and particularly to concert with The States General of the United Provinces, who are under the same Engagements with Me, such Measures as should be thought most adviseable, for our common Safety, and for restoring the Peace of Europe.
"We have accordingly proceeded in this great Affair with the mutual Confidence which subsists between Me and that Republic; and having considered together, on one Side, the pressing Applications made by the Imperial Court, both here and in Holland, for obtaining Succours against the Powers at War with the Emperor, and the repeated Professions made by the Allies, on the other Side, of their sincere Disposition to put an End to the present Troubles, upon honourable and solid Terms; I concurred in a Resolution taken by The States General, to employ, without Loss of Time, our joint and earnest Instances to bring Matters to a speedy and happy Accommodation, before we should come to a Determination upon the Succours demanded by the Emperor. These Instances did not at first produce such explicit Answers from the contending Parties, as to enable us to put immediately in Execution our impartial and sincere Desires for that Purpose: Resolved, however, to pursue so great and salutary a Work, and to prevent Our Subjects from being unnecessarily involved in War, We renewed the Offer of Our good Offices in so effectual a Manner, as to obtain an Acceptation of them.
"In Consequence of this Acceptation, and of Our Declaration made thereupon to the respective Powers engaged in the War, no Time has been lost in taking such Measures as should be most proper to make the best Use of their good Dispositions for re-establishing the Tranquillity of Europe: And I have the Satisfaction to acquaint you, that Things are now brought to so great a Forwardness, that, I hope, in a short Time, a Plan will be offered to the Consideration of all the Parties engaged in the present War, as a Basis for a general Negotiation of Peace, in which the Honour and Interest of all Parties have been consulted, as far as the Circumstances of Time and the present Posture of Affairs would permit.
"I do not take upon Me to answer for the Success of a Negotiation, where so many different Interests are to be considered and reconciled. But, when a Proceeding is founded upon Reason, and formed from such Lights as can be had, it had been inexcusable not to have attempted a Work, which may produce infinite Benefits and Advantages, and can be of no Prejudice, if we do not suffer ourselves to be so far amused by Hopes, that may possibly be afterwards disappointed, as to leave ourselves exposed to real Dangers.
"I have made Use of the Power which the late Parliament entrusted Me with, with great Moderation; and I have concluded a Treaty with the Crown of Denmark, of great Importance in the present Conjuncture. It is impossible, when all the Courts of Europe are busy and in Motion to secure to themselves such Supports as Time and Occasion may require, for Me to fit still, and neglect Opportunities which, if once lost, may not only be irretrievable, but turned as greatly to our Prejudice, as they will prove to our Advantage by being seasonably secured; and which, if neglected, would have been thought a just Cause of Complaint: This necessary Confidence placed in Me, has given great Weight to My Endeavours for the public Good.
"I have ordered the Accompts and Estimates to be prepared, and laid before you, of such extraordinary Expences as were incurred last Year, and of such Services as I think highly necessary to be carried on and provided for; and whatever additional Charges shall be found necessary, shall be reduced as soon as it can be done consistently with the common Security.
"I make no Doubt but I shall find, in this House of Commons, the same Zeal, Duty, and Affection, as I have experienced through the whole Course of My Reign; and that you will raise the necessary Supplies with Chearfulness, Unanimity, and Dispatch.
"The Sense of the Nation is best to be learned by the Choice of their Representatives: And I am persuaded that the Behaviour and Conduct of My faithful Commons will demonstrate to all the World the unshaken Fidelity and Attachment of My good Subjects to My Person and Government.
"It is our Happiness, to have continued hitherto in a State of Peace; but, whilst many of the principal Powers of Europe are engaged in War, the Consequences must more or less affect us: And as the best concerted Measures are liable to Uncertainty, we ought to be in a Readiness and prepared against all Events; and, if our Expences are in some Degree increased, to prevent greater, and such as, if once entered into, it would be difficult to see the End of, I hope My good Subjects will not repine at the necessary Means of procuring the Blessings of Peace and of universal Tranquillity, or of putting ourselves in a Condition to act that Part, which it may be necessary and incumbent upon us to take."
James Lord Waldegrave, being, by Letters Patent, dated the 13th Day of September, in the 3d Year of the Reign of His present Majesty, created Viscount Chewton of Chewton, in the County of Somerset, and Earl Waldegrave, was (in his Robes) introduced, between the Earl of Essex and the Earl of Scarbrough (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, the Lord Great Chamberlain, and the Deputy Earl Marshal of England, proceding.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith. To Our Right Trusty and Right Well-beloved Cousin James Earl of Waldegrave, Greeting. Whereas, by the Advice and Assent of Our Council, for certain arduous and urgent Affairs, touching Ourself, the State and Defence of Our Kingdom of Great Britain and the Church, We have ordered a certain Parliament to be holden at Our City of Westminster, the Thirteenth Day of June next ensuing, there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm; We command and strictly enjoin you, upon the Faith and Allegiance by which you are bound to Us, that, the Weightiness of the said Affairs and imminent Perils being considered, waiving all Excuses, you be at the said Day and Place personally present with Us, and with the said Prelates, Great Men, and Peers, about treating and giving of your Counsel upon the Affairs aforesaid; and this, as you regard Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and Dispatch of the said Affairs, in no wise do you omit.
The Writ being read; and his Lordship, at the Table, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.
Thomas Lord Malton, being, by Letters Patent, dated the 19th Day of November, in the 8th Year of the Reign of His present Majesty, created Baron of Wath, in the County of York, and of Harrowden, in the County of Northampton, as also Viscount Higham of Higham-Ferrers, in the said County of Northampton, and Earl of Malton in the said County of York, was (in his Robes) introduced, between the Earl of Suffolk and the Earl of Pomfret (also in their Robes); preceded by the same Officers as before.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Most Dear Cousin Thomas Earl of Malton, 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 Thirteenth Day of June, in the Eighth 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 Our several Writs, prorogued to and until the Fourteenth Day of this Instant January, at Our City aforesaid, to be then there held and continued: We, strictly (fn. 1) 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 wife 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.
The Writ being read; and his Lordship, at the Table, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was then placed on the lower End of the Earls Bench.
"To acknowledge His Majesty's Paternal Care and Tenderness for the Welfare of His People, in employing His unwearied Endeavours to prevent their being unnecessarily involved in the present War, and concerting Measures with The States General for restoring the public Tranquillity.
"To declare the great Satisfaction this House conceives, in the good Offices of His Majesty and that Republic being accepted by all the Parties engaged in the War; and to express their Thankfulness for His Majesty's Vigilance, in losing no Time to carry on this salutary Work to such a Degree, that a Plan may shortly be offered as a Basis for a general Negotiation.
"To assure His Majesty, that this House is incapable of being so far amused by any Hopes, as to leave the Security of His Majesty and His Kingdoms exposed to real Dangers; and that they will chearfully support Him in all such Measures as may be necessary, for procuring the Blessings of Peace, or for putting this Nation in a Condition to act that Part which it may be incumbent on Great Britain to undertake.
"To assure His Majesty, that this House can entertain no Doubt but He will find the same unshaken Fidelity from all His good Subjects, which He so justly expects; and that this House doth unfeignedly consider the Maintenance of the Religion and Liberties of this Nation, as entirely involved in the Security of His Sacred Person and Government, and of the Succession in His Royal House, and in transmitting these invaluable Blessings to Posterity."
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to return Your Majesty our unfeigned Thanks, for Your most Gracious Speech from the Throne.
"The many Blessings we enjoy under Your Majesty's mild and auspicious Government are happpily felt by all Your People; amongst which, your Paternal Care and Tenderness for their true Interest, in employing Your unwearied Endeavours to prevent their being unnecessarily involved in the present War, stand signally distinguished; and it would argue the highest Ingratitude in us, if we did not acknowledge ourselves sensibly affected by the Benefits that have accrued from this prudent Conduct.
"In this, Your Majesty has given the World fresh Proofs of Your just Sentiments of true and solid Glory; since You have preferred the real Prosperity and Ease of Your Subjects to all other Considerations; and, in that View, have concerted Measures with The States General of the United Provinces (the ancient and natural Allies of the British Crown) for restoring the public Tranquillity.
"It is with the utmost Satisfaction we observe that, in Consequence of this Proceeding, the good Offices of Your Majesty, in Conjunction with them, have been accepted by the several Parties engaged in the War; and we cannot suffer ourselves to doubt but the Interposition of the Maritime Powers, united in Interest and mutual Friendship, will have its just Weight.
"When we turn our Thoughts to the various and different Views of the Princes and Powers concerned; we find ourselves obliged, with the utmost Thankfulness, to abscribe it to Your Majesty's uncommon Vigilance and Attention to the Welfare of Your People and the Repose of Christendom, that no Time hath been lost in making Use of any good Dispositions of the respective Powers at Variance; and that this salutary and extensive Work is advanced to such a Degree, that a Plan may shortly be offered to their Consideration, as a Basis for a general Treaty.
"The Events of Negotiations, as well as of War, are, in the Nature of Things, liable to Uncertainty: But, when we reflect on the many Instances we have experienced, of right Reason and Prudence being the governing Rule of Your Majesty's Actions, we promise ourselves, that these Your generous Labours for procuring universal Tranquillity will merit that good Success, which all well-disposed Minds wish they may be attended with.
"At the same Time, permit us to assure Your Majesty, that we are incapable of being so far amused by any Hopes whatsoever, as to leave the Security of Your Majesty and Your Kingdoms exposed to real Dangers; and that our Endeavours shall never be wanting, to disappoint the vain Expectations of any, who shall be so presumptuous as to imagine Advantages to themselves from such Methods.
"The Wisdom of Your Majesty's Counsels, and that Steadiness and Constancy which are inherent in Your Royal Mind, joined with the Harmony which subsists between Your Majesty and that powerful Republic in Concert with which this great Transaction has been carried on, will, we trust, in due Time, prevail over all unreasonable Opposition: And, that this may be the happy Effect of Your good Offices, we beg Leave to assure Your Majesty, with that Resolution and Firmness which become the Peers of Great Britain on so important an Occasion, that we will chearfully support Your Majesty in all such Measures as may be necessary for procuring the Blessings of Peace and Tranquillity, or for putting this Nation in a Condition to act that Part which it may be incumbent on Great Britain to undertake.
"It is a Felicity which we ought in the most affectionate Manner to remember, on every Occasion of approaching Your Sacred Person, that Your Majesty hath always esteemed the Interest of Sovereign and Subject as mutual and inseparable, and made the due Execution and Observance of the Laws the Rule of Your Government: As Your Majesty, agreeably to Your repeated Declarations from the Throne, hath invariably held this Conduct towards Your Subjects; we can entertain no Doubt but You will find the same inviolable and unshaken Fidelity, and the same Zeal for the true Honour and Happiness of Your Majesty and Your Kingdoms (which can never be divided), both from Your Parliament and Your People.
"On our Parts, we humbly entreat Your Majesty to accept the strongest Assurances, that we are determined, by a steady Course of Loyalty and dutiful Affection to Your Majesty, and a firm Perseverance in pursuing the true Interest of our Country, to convince the World, that we most seriously consider the Maintenance of our Religion and Liberties as being absolutely involved in the Security and Support of Your Majesty's Person and Government, and in the Preservation of the Protestant Succession in Your Royal House; and that it is the unalterable Purpose of our Hearts, under the Protection of the Divine Providence, to transmit these invaluable Blessings safe and entire to our Posterity."
Lords Sub-committees appointed to consider of the Orders of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and persect the Journal of this and former Sessions of Parliament.
The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King's Street, and the Passages to The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them, residing in Westminster, be served with the Order of this House made this Day, for the Purposes aforesaid.
Ordered, That the Cause wherein the Mayor, Commonalty, and Citizens, of the City of Londou, are Appellants, and Thomas Perkins and others Respondents, which was the First Cause upon the Paper left unheard at the End of the last Session of Parliament, be heard, by Counsel on both Sides, at the Bar, on Monday next; and that the other Causes remaining unheard be proceeded in on the Wednesdays, Fridays, and Mondays, following.
DIE Veneris, 24o Januarii.
The Lord Chamberlain 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."
Upon reading the Petition and Appeal of Robert Lowther Esquire; complaining of a Decree of Dismission of the Court of Chancery, of the 17th of June last, made in a a Cause wherein the Appellant was Plaintiff, and Michael Raw, John Wilson, and others, were Defendants; and praying, "That certain Exhibits in the said Cause, disallowed to be read as Evidence, or entered as read, may be read as Evidence; and that the said Decree, or Order of Dismission, may be reversed:"
It is Ordered, That the said Michael Raw, John Wilson, and the other Defendants in the said Cause, 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 Seventh Day of February next.
Upon reading the Petition and Appeal of John Giffard Clerk; complaining of a Decree and certain Proceedings of the Court of Exchequer, of the 14th of July 1731, the 28th of November and the 9th of December following; and likewise of an Order of Dismission of the said Court, of the Appellant's Bill, with Costs, the 8th of February 1732, made on the Behalf of John Webb; and praying, "That the same may be reversed:"
Ordered, That the Deputy Remembrancer of the Court of Exchequer do, on Monday Morning next, bring, or cause to be brought, the Minute Book of the said Court, wherein the Minutes taken the 8th of November 1732, in the Cause wherein the Mayor, Commonalty, and Citizens, of the City of London, were Plaintiffs, and Thomas Perkins and others Defendants, are entered; in order that the same may be made Use of, if there be Occasion, at the Hearing of the Appeal of the said Plaintiffs in this House, at that Time.
DIE Lunæ, 27o Januarii.
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 the following most Gracious Answer; (videlicet,)
"I thank you for this loyal and affectionate Address. The Concern that you shew for the Success of My Endeavours, in Conjunction with The States General, for restoring the public Tranquillity, is very acceptable to Me.
Upon reading the Petition of John Child Esquire, commonly called Lord Castlemain; praying Leave to bring in a Bill, to change his Surname to Tylney, according to a Settlement made by Frederick Tylney Esquire, deceased:
Upon reading the Petition of Elizabeth Paschall; praying, "In regard Francis Gwynn Esquire, One of the Respondents to her Appeal, is lately dead; that Edward Prideaux Gwynn Esquire, his Son, Heir, and Executor, may be made a Party in his Room:"
It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, by making the said Edward Prideaux Gwynn a Respondent thereto; and that he do put in his Answer, in Writing, on or before Monday the 10th Day of February next.
Upon reading the Petition and Appeal of William Lock and John Herring Esquires; complaining of certain Orders of the Court of Chancery, of the 11th of December 1731, and 28th of February 1732, made in a Cause wherein the Appellants were Plaintiffs, and Thomas Earl of Londonderry and others Defendants; and praying, "That the same may be reversed:"
It is Ordered, That Ridgeway Pitt Esquire, now Earl of Londonderry, Heir at Law of the said Thomas late Earl of Londonderry, Charles Cholmondeley, Sir William Chapple, Japer Blythman, Frances Harrison, Isaac Franks, and John Elliot, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 10th Day of February next.
Upon reading the Petition and Appeal of John Anstis Esquire, Garter; complaining of certain Parts of a Decree made by the Master of the Rolls, the 1st of March 1724, in a Cause wherein John Gandy, Frances his Wife, and others, were Plaintiffs, and the Appellant was Defendant; and in a Cross Cause, wherein the Appellant was Plaintiff, and the said John Gandy and his Wife were Defendants; and likewise complaining of an Order made by the late Lord Chancellor, the 6th of July 1733, upon arguing the Appellant's Exceptions to the Master's Report; and praying, "That this House will make such Decree, and give the Appellant such Relief in the Premises, as to their Lordships may seem reasonable; and that the Appellant may, at the hearing the said Cause, read certain Depositions and Exhibits taken and proved, as he shall be advised:"
It is Ordered, That the said John Gandy and Frances his Wife may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Monday the 10th Day of February next.
DIE Martis, 28o Januarii.
The joint Answers of Mr. George Chalmers, Principal of the College of Aberdeen, and others, to the Appeal of Mr. David Brown, Moderator of the Synod of Aberdeen, and the other Delegates from the several Presbyteries of the said Synod, was brought in.
The like Motion and Order, for hearing the Cause wherein William Rowley and Arabella his Wife are Appellants, and Hugh (fn. 2) McLorinan, Edward Price, and others, Respondents, on the next vacant Day for Causes.
The like Motion and Order, for hearing the Cause wherein Catherine Sarah Lady Viscountess Doneraile in the Kingdom of Ireland, by John Cunningham Esquire, her Father and Guardian, is Appellant, and Arthur Lord Viscount Doneraile and others are Respondents, on the next vacant Day for Causes.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Mayor, Commonalty, and Citizens, of the City of London; complaining, "That, in a Cause in the Court of Exchequer, wherein the Appellants were Plaintiffs, and Perkins and others Defendants, that Court did, on the 8th of November 1732, refuse to grant an Order for the Appellants to have Liberty to read the Depositions of divers Witnesses, taken in a Cause depending in the same Court, wherein the Appellants were Plaintiffs, and Pallister and others Defendants; and in another Cause, between the Appellants Plaintiffs, and Pricket and others Defendants;" and also complaining of a Decretal Order of the said Court of Exchequer, made in the Cause first abovementioned, the 8th of December 1732; and praying, "That the same may be reversed; and that the Respondents may be required to come to an Accompt with the Appellants for the Duty of Eight Pence per Ton on Cheese imported by them into the Port of London Eastwards of LondonBridge; and that the Appellants may have Liberty to read the Depositions refused to be read by the said Court, as aforesaid:" As also upon the Answer of Thomas Perkins, William Cock, Joseph Brown, John Jenkins, John Hall, John Chapman, John Neeve, Robert Jones, and Thomas Nevill, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the said Court of Exchequer ought not to have refused to grant an Order for the Appellants to have Liberty to read the Depositions taken in the said Two former Causes, at the Hearing of this Cause (saving all just Exceptions): And it is hereby Ordered and Adjudged, That the said Decretal Order complained of in the said Appeal be, and is hereby, reversed; and that the Respondents do severally accompt with, and pay to the Appellants, the said Duty of Eight Pence per Ton for all such Cheese as hath been imported by the Respondents respectively into the Port of London Eastward of London Bridge: And it is hereby further Ordered, That the said Court of Exchequer do give proper Directions to the Deputy Remembrancer of the said Court, for taking the said Accompt.
Upon reading the Petition of Susanna Griel Spinster; setting forth, "That a Trial has been had, in the Court of King's Bench, in Pursuance of the Direction of this House, given on hearing her Appeal, to which David Gansell Esquire was Respondent; and a Verdict thereupon found, "That the Assignments of the Orphans Stock, Transfer of the Bank Stock, South Sea Annuities, and South Sea Stock, made by the Petitioner to the said Gansell, were made upon Trust, for the Benefit of the Petitioner;" and praying, That the said David Gansell may be directed to accompt with the Petitioner for so much Money as he hath received by the Sale of the Petitioner's Stocks, and for the Interest thereof from that Time; and that he may assign or transfer so much of the said Stocks as have not been disposed of by him, and accompt with the Petitioner for the respective Dividends thereof; the Petitioner being willing to allow, in such Accompt, the several Sums which she has received, pursuant to an Order of the Court of Chancery the 28th of November 1730, and the Judgement of this House on hearing her Appeal; and that the said David Gansell may be compelled to pay the Petitioner such Costs and Damages as she has sustained, and have such other Relief as to this House shall seem meet:"
"No 1. An Account of prohibited East India Goods remaining in the Warehouses at St. Helen's at Michaelmas 1733; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1734."
"No. 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1733; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1734."
"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1733; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1734."
"No 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Outports, at Michaelmas 1733; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1734."
DIE Mercurii, 29o Januarii.
The House was informed, "That the Matters in Difference, with relation to the Cause wherein William Cullen, Agnes his Wife, and others, are Appellants, and David Colquhoun is Respondent, were agreed; and that it was desired or agreed by both Parties that the Appeal might be dismissed."
The House was informed, "That Mr. Thomas Moncrief had not put in his Answer to the Appeal of Sir Thomas Moncrief Baronet, his Father, though duly served with the Order of this House for that Purpose."
Upon reading the Petition and Appeal of Thomas Glaseour Esquire; complaining of a Decree of the Court of Chancery, made the 4th of December 1730, and the Affirmance thereof; which said Decree was, on the 22d of June 1732, signed and enroled, in a Cause wherein the Appellant was Plaintiff, and Henry Bennett Esquire, Dame Martha Mainwaring, now Wife of Mainwaring Esquire, Diana Mainwaring Widow, Sir Henry Mainwaring Baronet, an Infant, by the said Diana his Mother and Guardian, were Defendants; and praying, "That the same may be reversed; and that the Appellant may be admitted to redeem certain mortgaged Premises, in the Appeal mentioned, on such Terms as to this House shall seem meet:"
It is Ordered, That the said Henry Bennett and the other Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 12th Day of February next.
Counsel (according to Order) were called in, to be heard, in the Cause wherein John Earl of Broadalbane is Appellant, and James Menzies of Culdares Esquire and Angus McDonald of Kenknock are Respondents.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Two Interlocutors of the said Lords of Session, complained of in the said Appeal, be, and are hereby, reversed: And it is hereby further Ordered, That the Appellants and Respondents be respectively at Liberty, either to commence new Suits, and make His Majesty's Advocate, on Behalf of His Majesty, a Party thereto; or to make His Majesty's Advocate, on Behalf of His Majesty, a Party to the Suits abovementioned; and thereupon to proceed therein as they shall be advised.
DIE Jovis, 30o Januarii.
Epus. Litch. & Cov.
Then, in order for the Lords proceeding to the Abbey Church, Westminster, 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;