House of Lords Journal Volume 22
February 1726, 11-20

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History of Parliament Trust

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1767-1830

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592-599

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'House of Lords Journal Volume 22: February 1726, 11-20', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 592-599. URL: http://www.british-history.ac.uk/report.aspx?compid=113825 Date accessed: 21 April 2014. Add to my bookshelf


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February 1726, 11-20

DIE Veneris, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Roffen.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav.
Ds. King, Cancellarius.
Dux Kingston, C. P. S.
Dux Dorset, Senescallus.
Dux Roxburgh.
Dux Kent.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Harborough.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Ds. Howard Eff.
Ds. Compton.
Ds. Lynne.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
2. Ds. Bathurst.
1. Ds. Masham.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.

PRAYERS.

Mr. Bromley & al. Leave for a Bill.

Upon reading the Petition of William Bromley Esquire, Lord of the Manor of Bubnell, alias Bobenhull, in the County of Warwick, the Reverend Samuel Sturges Clerk, Prebendary of the Prebend of Bobenhull, founded in the Cathedral Church of Litchfield, the Mayor, Bailiffs, and Commonalty, of the City of Coventry, and of the Freeholders of the said Manor; praying Leave to bring in a Bill, to enclose the Common Fields and other Commonable Lands, in the said Manor of Bubnell, alias Bobenhull, and to divide the same into Allotments and Proportions, according to Rights therein respectively, in such Manner, and by such Methods, as shall be just:

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

Edgworth versus Swist.

After hearing Counsel, upon the Petition and Appeal of Edward Edgworth Esquire; complaining of several Orders of the Court of Chancery in Ireland, of the Eighth of December 1720, the Twentyseventh of January 1723, the Twenty-ninth of April, Sixth of May, and Twelfth of June, 1724, in a Cause wherein Mead Swist Gentleman was Plaintiff, and the Appellant and others were Defendants; and praying, That the same may be reversed, and the Plaintiff's Bill dismissed, with Costs:" As also upon the Answer of the said Mead Swift put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the Twenty-seventh of January One Thousand Seven Hundred and Twenty-three, and all Proceedings subsequent thereunto, be, and are hereby, set aside; and that the Lord Chancellor of Ireland do direct an Issue at Law, to try the Validity of the Execution of the Articles of the Fifth of July One Thousand Six Hundred and Ninety-two, of the Settlement of the Seventeenth of June One Thousand Seven Hundred and Three, and of the Settlement of the Twentyfifth of December One Thousand Seven Hundred and Three; which Issue is to be tried at the Bar of the Court of Common Pleas, by a Jury of the County of Westmeath; and that the said Lord Chancellor do give all proper Directions for the settling and trying the said Issue: And it is further Ordered, That the Appellant do, with all convenient Speed, deliver the said Articles and Settlements into the said Court of Chancery, to remain there till the Trial be had; but, in the mean Time, to be inspected by each Party as there shall be Occasion; which Articles and Settlements shall be produced at such Trial; and, after the same had, be returned back to the said Court of Chancery, to be disposed of as the said Court shall direct; and each Party shall, after such Trial, resort back to the said Court of Chancery, to have such further Directions as shall be just.

Marq of Clydsdale versus E. of Dundonald.

Upon reading the Petition and Appeal of James Hamilton Esquire, commonly called Marquis of Clydsdale, an Infant of tender Years, by James Duke of Hamilton and Brandon his Father and next Friend; complaining of Part of an Interlocutory of the Lords of Session in Scotland of the Sixteenth of December, and of Part of Two Interlocutories of the Twenty-sixth and Twentyeighth of January last, made on the Behalf of Thomas Earl of Dundonald; and praying, "That the same may be reversed:"

It is Ordered, That the said Earl of Dundonald may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the Eleventh Day of March next; and that Service of this Order on the said Earl's Agent, or Procurator, in the Court of Session in Scotland, be deemed good Service.

Trye & al. Pet. referred to Judges.

Upon reading the Petition of Thomas Trye of Hardwick in the County of Gloucester Esquire, and Mary his Wife, William Trye of Haresfield in the said County Gentleman, Brandon Trye of Cheltenham in the said County Gentleman, and John Longford Clerk and Elizabeth his Wife; praying Leave to bring in a Bill, for Sale of the Manors of Hardwick and Haresfield, and the Mansion-house called Hardwick Court, for Payment of a Mortgage Debt; and for other Purposes in the Petition mentioned.

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

Northey & al. Leave for a Bill.

Upon reading the Petition of William Northey Esquire, Lord of the Manor of Compton Bassett in the County of Wilts, Heneage Walker Esquire, Lord of the Manor of Compton Comberwell, the Reverend Thomas Hallifax Clerk, Rector of the Parish and Parish Church of Compton Bassett, Robert Maundrell, Michael Smith, and Clement Burchall, of the same Place, Gentlemen, Isaac Savage Gentleman, and others, the Proprietors of Land in the Common Field of Compton Bassett, on Behalf of themselves, and of all others the Proprietors of Land in the said Common Field; praying Leave to bring in a Bill, for establishing and confirming certain Articles of Agreement, and an Award for dividing, enclosing, and holding in Severalty, the said Common Field of Compton Bassett, in the said County:

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

Williams versus Lane and Ly. Lanesborough.

The House being informed, "That a Person attended at the Door, with Copies of several Papers, being Proceedings in the Cause wherein Edward Williams is Appellant, and John Bell Lane Esquire and Mary Viscountess Lanesborough are Respondents:"

Whereupon Robert Williams was called in, and sworn; and delivered, at the Bar, Copies of Proceedings in the said Cause; and attested, "The same were true Copies, he having examined them with the Originals in the respective Offices in Ireland.

And withdrew.

Adjourn.

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

Die Martis, 24o Januarii, 1726, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Mercurii, 16o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landavens.
Ds. King, Cancellarius.
Dux Devon, Præses.
Dux Dorset, Senescallus.
2. Dux Montagu.
1. Dux Richmond.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Sunderland.
Comes Rothes.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Sussex.
Comes Harborough.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. Compton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Waldegrave.
Ds. Weston.
Ds. Hay.
Ds. Masham.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

E. Ferrers versus Countess Dowager Ferrers & al.

The Answer of Selina Countess Dowager Ferrers and others, to the Appeal of Washington Earl Ferrers:

Trinity House versus Ryall:

Also, the Answer of Maltis Ryall, to the Appeal of the Master, Wardens, and Assistants, of the Corporation of Trinity House:

Wynn versus Wynn:

Also, the Answer of Richard Wynne Gentleman, to the Appeal of Maurice Wynne Esquire:

Brand versus Wilmot & al.

As also, the Answer of John Wilmott, Jonathan Welch, and Thomas Alsop, to the Appeal of Thomas Brand; were this Day brought in.

E. of Bradford takes his Seat.

Henry Earl of Bradford sat first in Parliament, after the Death of his Father Richard Earl of Bradford; and 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.

Turton, Leave for a Bill to dischace Alrcwas Hay Chace.

Upon reading the Petition of the several Gentlemen, Freeholders, Copyholders, Leaseholders, and others, having Right of Common in and upon the Chace of Alrewas Hay, in the County of Stafford; praying Leave to bring in a Bill, for dischaceing and disfranchising the said Chace; and for empowering John Turton Esquire, Owner thereof, to enclose a Part of such Chace; and for other Purposes; expressed in certain Articles of Agreement in the said Petition mentioned:

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

Compton Basset Common, to enclose, Bill.

The Earl of Yarmouth, pursuant to the Order on Friday last, presented to the House a Bill, intituled, An Act for dividing and enclosing, or holding in Severalty, the Common Field within the Parish of Compton Basset, in the County of Wilts."

Then the said Bill was read the First Time.

Mr. Hamilton to enter into Recognizance for Marquis of Clydsdale.

The House being moved, "That Alexander Hamilton of Lincoln's Inne Gentleman may be permitted to enter into a Recognizance for James Hamilton Esquire, commonly called Marquis of Clydsdale, an Infant, by James Duke of Hamilton and Brandon his Father, on account of his Appeal depending in this House, to which Thomas Earl of Dundonald is Respondent:"

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

E of Dundonald versus Marquis of Clydsdale & al.

Upon reading the Petition and Appeal of Thomas Earl of Dundonald; complaining of Part of several Interlocutories, of the Sixteenth of December and Twenty-sixth of January last, made on the Behalf of James Marquis of Clydsdale, James Duke of Hamilton and Brandon his Father and Guardian, Charles Earl of Strathmore and the Lady Susanna his Wife, the Lady Catherine Cochran, and John Hamilton Writer to the Signet, and praying, "That such Parts thereof as are therein complained of may be reversed:"

It is Ordered, That the said James Marquis of Clydsdale, James Duke of Hamilton and Brandon, and the other Parties, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Sixteenth Day of March next; and that Service of this Order on the Procurators, or Agents, of the said Respondents, in the Court of Session in Scotland, be deemed good Service.

E. Ferrers versus Countess Dowager Ferrers & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Washington Earl Ferrers is Appellant, and Selina Countess Dowager Ferrers and others are Respondents:"

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

Neilson versus Murray, Pet. to put off Hearing.

Upon reading the Petition of James Glendoning, Agent for John Neilson Esquire; praying, "In regard the Appellant is ill of the Gout, and unable to travel from Scotland, and Mr. Forbes his Counsel lately fallen sick, that the Hearing his Appeal, to which John Murray Esquire is Respondent, may be put off for some Time:"

And thereupon the Petitioner, and Mr. Patrick Mc Dowall the Respondent's Agent, were called in:

And the said McDowall being heard in relation to this Matter; the said Petition was, by Leave of the House, withdrawn.

Neilson versus Murray:

After hearing Counsel, upon the Petition and Appeal of John Neilson of Chapell Esquire; complaining of several Interlocutors, or Decrees, of the Lords of Session in Scotland, of the Tenth of July and Fourteenth of December 1722, the Eighth of February 1723, the Fourteenth of November and Fourth of December 1724, and the Twenty-third of January 1724/25, in a Cause wherein John Murray of Conheath Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Murray put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutors, or Decrees, therein complained of, be, and the same are hereby, affirmed.

Adjourn.

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

DIE Jovis, 17o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliœ.

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens.
Ds. King, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

Sir J. Rushout versus Rushout & al.:

The Answer of Thomas Vernon Esquire, One of the Respondents, to the Appeal of Sir John Rushout Baronet:

Meynell versus Moor.

As also the Answer of George Moore, of London, Merchant, to the Appeal of Sarah Meynell Widow, and Isaac Crabb; were this Day brought in.

Bubnell Common Fields, to enclose, Bill.

The Lord Viscount Harcourt, pursuant to the Order on Friday last, presented to the House a Bill, intituled, An Act for enclosing several Common Fields, in the Parish of Bubnell, alias Bobenhull, in the County of Warwick."

The said Bill was read the First Time.

Alrewas Hay Chace, to dischace, Bill.

The Lord Steward (pursuant to the Order Yesterday) presented to the House a Bill, intituled, "An Act for dischaceing and disfranchising the Chace of Alrewas Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose a Part of such Chace; and for other Purposes, in the said Act mentioned."

The said Bill was read the First Time.

Chaytor's Pet. referred to Judges.

Upon reading the Petition of Henry Chaytor of Crost in the County of York Gentleman; praying Leave to bring in a Bill, to enable the Petitioner to make Leases to Tenants, or a Jointure on such Woman as he shall marry, or Provisions for Younger Children:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Orders.

Compton Basset Common Field, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing and enclosing, or holding in Severalty, the Common Field, within the Parish of Compton Basset, in the County of Wilts."

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

Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Huntingdon.
Comes Lincoln.
Comes Warwick.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Bradford.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Rothes.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
V. Say & Seale.
V. Lonsdale.
V. Tadcaster.
V. St. John.
V. Cobham.
V. Falmouth.
V. Harcourt.
V. Torrington.
Arch. Ebor.
Epus. London.
Epus. Asaphens.
Epus. Oxon.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Exon.
Epus. Landavens.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

Their Lordships, or any Five of them; to meet on Monday 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. Willoughby & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of George Lord Willoughby de Broke and others was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1a vice lecta est Billa, intituled, "An Act for ascertaining several Messuages and Lands, in the County of Gloucester, purchased by Sir Grevill Verney; and for the effectual Partition of the Manor of Tudrington and Itchington, in the said County."

Treaties considered.

The House (according to Order) proceeded to take into Consideration the Copies of the several Treaties laid before this House, by His Majesty's Command, on Thursday last.

And the same being read by the Clerk:

Ordered, That this House be now put into a Committee, to take the said Treaties into Consideration.

Ordered, That the said Treaties be referred to the said Committee.

Accordingly the House was adjourned during Pleasure, and put into a Committee, to take the said Treaties into Consideration.

And, after some Time spent therein, the House was resumed.

Resolution for an Address:

And the Lord Delawarr reported from the said Committee, "That they had taken the said Treaties into Consideration, and were come to the following Resolution; (videlicet,)

"That it is the Opinion of this Committee, That an humble Address be presented to His Majesty, to return His Majesty the Thanks of this House, for His most Gracious Condescension, in laying the Treaties of Peace and Commerce made at Vienna between His Imperial Majesty and the King of Spain, and the Defensive Alliance concluded between His Majesty the Most Christian King and the King of Prussia, before this House: To declare our Opinion, that the said Treaty of Commerce manifestly appears to have been calculated with a View to put the Trade of the Spanish East and West Indies entirely into the Hands of His Imperial Majesty's Subjects; contrary to the Barrier Treaty, made between the Emperor and The States General, to which His Majesty, at their Request, became Guarantee, as well as in Breach of many solemn Treaties and Engagements between the Crowns of Great Britain and Spain; to the inexpressible Damage of the Subjects of this Realm: To express our just Sense of the infinite Obligations we lie under to His Majesty, for the Care He has taken of the Protestant Interest and the Trade of this Nation, by concluding, at so critical a Juncture, the abovementioned Defensive Alliance, highly necessary for maintaining the Balance of Europe, as well as for preserving many valuable Rights, Immunities, and Advantages, relating to the Trade of Britain: And to assure His Majesty that we will stand by and support Him, to the utmost of our Power, in the Engagements He has entered into by this Treaty, and in the Prosecution of such further Measures as His Majesty in His great Wisdom shall think proper, for preventing the ill Consequences to the Trade of this Kingdom by the abovementioned Treaty of Commerce: To acknowledge His Majesty's great Goodness, in not suffering Himself to be diverted from a Work so necessary to the Happiness of His British Subjects by any Insinuations whatsoever: To give His Majesty the strongest Assurances of our inviolable Fidelity; and that, if His Majesty shall be at any Time insulted or attacked, by any Prince or State whatsoever, in any Part of His Majesty's Dominions or Territories not belonging to the Crown of Great Britain, in Resentment of such Measures as His Majesty has taken for preserving and maintaining the true Interest and Safety of this Kingdom, and of His having entered into the said Defensive Alliance for that Purpose; we are fully determined, in Vindication of His Majesty's Honour, to exert ourselves to the utmost, in defending and protecting such Dominions from any such Insults and Attacks."

Which Resolution being read by the Clerk:

Motion for an Addition to it.

It was propofed, "To add these Words; (videlicet,)

["This House not doubting but Your Majesty, in Your great Wisdom and Justice to these Your Kingdoms, will always preserve to them the full and entire Benefit of the Provision made, for further securing our Religion, Laws, and Liberties, by an Act passed in the Twelfth and Thirteenth Year of the Reign of His late Majesty King William the Third, of Glorious Memory, whereby it is enacted, "That in case the Crown and Imperial Dignity of this Realm shall hereafter come to any Person not being a Native of this Kingdom of England, this Nation be not obliged to engage in any War, for the Defence of any Dominions or Territories which do not belong to the Crown of England, without the Consent of Parliament."]

Which being objected to:

After Debate;

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

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"1st, The Clause of the Act of Parliament, referred to in the Words proposed to be added, being passed into a Law upon the solemn Occasion of settling the Crown of these Realms upon His Majesty and His Royal Issue; and the same Provision, with others in that Act made, having been since re-enacted by Parliament upon another very solemn Occasion; we are of Opinion, that it is thereby become a fundamental and a very sacred Part of the Constitution of the United Kingdom; upon the strict and inviolable Observance of which, the future Tranquillity of this Nation, and the Properties of the Subjects of Great Britain, may, in our Opinions, greatly depend: And therefore, we thought the Words proposed fit to be added to a Resolution of this House, wherein the Defence of His Majesty's Dominions and Territories not belonging to the Crown of these Realms is, as we conceive, in some Measure engaged for.

"2dly, We are of Opinion, that the unfeigned Zeal constantly shewn by this House in Defence of His Majesty's Sacred Person, and the Honour and true Interest of His Government, can never fail to exert itself, in Vindication of His Majesty's Honour, against all Insults and Indignities whatsoever: And, though we are far from thinking but that a Case may arise, wherein the Consent of this House to engage this Nation in a War, in Defence of His Majesty's Dominions in Germany, may be both just and necessary; yet, it being, in our Judgements, reserved to both Houses of Parliament, by the Laws abovementioned, to deliberate and advise upon all the Circumstances, and thereupon to consent to the Justice of the Cause whereby this Nation shall at any Time be engaged in a War upon that Account; we were therefore convinced, that the Words proposed ought to have been added to the Resolution.

"3dly, And the rather, because the Words proposed to be added import the most dutiful and entire Considence in His Majesty's Wisdom and Justice to these Kingdoms in that respect; and therefore, if they had been added to the Resolution of this House at this critical Juncture, would, as we conceived, have prevented any Jealousies which might happen to arise, in the Minds of the Subjects of this Realm, in a Matter which we think to be of such high Imporrance to them.

"Strafford.
Scarsdale.
Bristol.
Aberdeen.
Compton.
Litchfield.
Lechmere.
Craven.

Then the said Resolution being read a Second Time;

The Question was put, "Whether to agree with the Committee in the said Resolution?"

It was Resolved in the Affirmative.

Committee to draw the Address.

The Lords following were appointed a Committee, to prepare an Address pursuant thereunto; (videlicet,)

Dux Devon, Præses.
Dux Kingston, C. P. S.
Dux Grafton, Camerarius.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Greenwich.
Comes Lincoln.
Comes Yarmouth.
Comes Scarbrough.
Vis. Townshend.
Vis. Harcourt.
Epus. Winton. Ds. Trevor.
Ds. Walpole.

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

Then the House was adjourned during Pleasure; and the Committee withdrew, to draw the Address.

After some Time, the House was resumed.

Address reported.

And the Earl of Scarbrough reported from the said Committee, "That they had prepared an Address accordingly."

Which was read, as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to return Your Majesty our most hearty Thanks, for Your most Gracious Condescension, in laying the Treaties of Peace and Commerce made at Vienna, between His Imperial Majesty and the King of Spain, and the Defensive Alliance concluded between Your Majesty, the Most Christian King, and the King of Prussia, before this House.

"The said Treaty of Commerce plainly appears to us, upon our most mature Consideration thereof, to have been calculated with a View to put the Trade of the Spanish East and West Indies entirely into the Hands of His Imperial Majesty's Subjects, contrary to the Barrier Treaty made between the Emperor and The States General, to which Your Majesty, at Their Request, became Guarantee, as well as in Breach of many solemn Treaties and Engagements to the contrary, between the Crowns of Great Britain and Spain; and to the inexpressible Damage of the Subjects of this Realm.

"We cannot sufficiently express our Sense of the infinite Obligations we lie under to Your Majesty, for Your Care of the Protestant Interest Abroad, and of the Trade of this Nation, by concluding, at so critical a Juncture, the abovementioned Defensive Alliance, highly necessary for maintaining the Balance of Europe, as well as for preserving many valuable Rights, Immunities, and Advantages, relating to the Trade of Britain: And we assure Your Majesty, that we will stand by and support Your Majesty, to the utmost of our Power, in the Engagements you have entered into by this Treaty, and in the Prosecution of such further Measures as Your Majesty in Your great Wisdom shall think proper, for preventing the ill Consequences to the Trade of this Kingdom by the abovementioned Treaty of Commerce.

"We most humbly acknowledge Your Majesty's Goodness, in not suffering Yourself to be diverted, through any Suggestions or Insinuations whatsoever, from a Work so necessary to the Welfare of Your British Subjects.

"They must have the meanest Thoughts of this Nation, who can imagine us capable of tamely suffering any Insult or Indignity to be offered to Your Majesty on account of Your Majesty's Firmness in maintaining the true Interest and Happiness of Your People: But Justice, Gratitude, and Honour, fill our Hearts with very different Sentiments; and make it our indispensable Duty to assure Your Majesty, upon this Occasion, That if Your Majesty shall be at any Time insulted or attacked, by any Prince or State whatsoever, in any Part of Your Majesty's Dominions or Territories not belonging to the Crown of Great Britain, in Resentment of such Measures as Your Majesty has taken for preserving and maintaining the Trade and Safety of this Kingdom, and of Your Majesty's having entered into the said Defensive Alliance for that Purpose; we are fully determined, in Vindication of Your Majesty's Honour, to exert ourselves to the utmost, in defending and protecting such Dominions from any such Insults and Attacks."

Then, it being proposed, "That this be the Address to be presented to His Majesty:"

The same was objected to.

And the Question being put, "Whether this shall be the Address to be presented to His Majesty?"

It was Resolved in the Affirmative.

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

Lords to know when His Majesty will be attended.

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

Adjourn.

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

DIE Veneris, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Lincoln.
Epus. Bangor.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Landavens.
Ds. King, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Greenwich.
March. Tweeddale.
Comes Scarsdale.
Comes Clarendon.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Stair.
Comes Uxbridge.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Compton.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Ducie.

PRAYERS.

Ward and Fenn versus Johnson and Collier.

The Answer of Margaret Johnson Widow, Arthur Collier and Margaret his Wife, to the Appeal of John Ward and Henry Fenn Esquires; was this Day brought in.

Berry versus Hunt.

The House being moved, "That the Hearing the Cause wherein William Berry Esquire is Appellant, and Edward Hunt Esquire is Respondent, which stands appointed for Monday next, may be put off for a Month:"

And thereupon the Agents on both Sides were called in; and severally declaring they desired the same:

It is Ordered, That the Hearing the said Cause be adjourned to Monday the One and Twentieth Day of March next.

L. Willough by Broke, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for ascertaining several Messuages and Lands in the County of Gloucester, purchased by Sir Grevill Verney; and for the effectual Partition of the Manor of Tudrington and Itchington, in the said County."

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

Dux Kingston, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Greenwich.
March. Tweeddale.
Comes Scarsdale.
Comes Clarendon.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Stair.
Comes Uxbridge.
Vis. Say & Seale.
Vis. Lonsdale.
Vis. Falmouth.
Vis. Harcourt.
Vis. Torrington.
Epus. Dunelm.
Epus. Roffen.
Epus. Lincoln.
Epus. Bangor.
Epus. Norwic.
Epus. Hereford.
Epus. Bristol.
Epus. Landavens.
Ds. Compton.
Ds. Waldegrave.
Ds. Herbert.
Ds. Hay.
Ds. Trevor.
Ds. Ducie.

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

Wynne versus Wynne.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Maurice Wynne Esquire is Appellant, and Richard Wynne Gentleman is Respondent:"

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

Helbutt versus Philpott and Hodges.

The House being also moved, "That a Day may be appointed for hearing the Cause wherein Isaac Helbutt is Appellant, and Nicholas Philpott Esquire and John Hodges are Respondents:"

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

Ransford, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Edward Ransford Esquire and Margaret his Wife, on Behalf of themselves and Children, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Trustees of Edward Ransford Esquire to make Leases of certain Messuages, Houses, and Plots of Ground, in and near the City of Dublin."

Babnell Common Fields, to enclose, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enclosing several Common Fields, in the Parish of Bubnell, alias Bobenhull, in the County of Warwick."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Lord Willoughby de Broke's Bill stands committed:

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the same Place; and to adjourn as they please.

Reynell's Pet. to be restored to the Office of Reading Clerk.

Upon reading the Petition of Charles Reynell, styling himself, "late Reading Clerk in this most Honourable House;" setting forth (amongst other Things), "That there had been an Agreement between him and Mr. Cowper, Clerk of the Parliaments, touching the Petitioner's Surrender of the said Office of Reading Clerk, which Mr. Cowper refused to give Security to perform; and that he had appointed one Mr. Wheake, a mere Stranger, to the said Office, who hath never since acted or appeared therein;" and praying, "That the Petitioner may be restored to the Service of this House, instead of the said Wheake; or that the Terms stipulated or proposed, for the Petitioner's Quittal or Surrender, may be made good to him:"

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees for Privileges; and that Mr. William Mowbray do attend the said Committee.

Ward and Fenn versus Johnson & al.

The House being moved, "That a Day may be appointed for hearing the Cause wherein John Ward and Henry Fenn Esquires are Appellants, and Margaret Johnson Widow, Arthur Collier and Margaret his Wife, are Respondents:"

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

Alrewas Hay Chace, to dischace, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dischaceing and disfranchising the Chace of Alrewas Hay, in the County of Stafford; and for the empowering John Turton Esquire, Owner thereof, to enclose a Part of such Chace; and for other Purposes in the said Act mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet also on Tuesday next, at the same Place; and to adjourn as they please.

His Majesty to be attended with the Address.

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

Brown & al. versus Gibbins.

Whereas this Day was appointed, for hearing the Cause wherein Henry Browne and others are Appellants, and Richard Gibbins is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Monday next, at Eleven a Clock.

Adjourn.

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