House of Lords Journal Volume 23: January 1731

January 1730

Anno 4^o Georgii Secundi.

DIE Jovis, 21^o Januarii, 1730.

DIE Jovis, 21^o Januarii, 1730, Annoque Regni Serenissimi Domini Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Quarto, in quem Diem hæc Quarta 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.

King pesent:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State (the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand); the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, 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,

You cannot but be sensible that the Measures formerly taken, and the Conclusion of the Treaty of Seville, have prevented and disappointed the dangerous Consequences, that were so justly apprehended from the Treaty of Vienna; and we do not only see that Union dissolved, which had alarmed all Europe, but the Allies of the Treaty of Hanover strengthened by the additional Power of the Crown of Spain.

This Situation of Affairs gave us a reasonable Prospect of a general Pacification, and just Hopes of seeing the Conditions of the Treaty of Seville complied with, without the Necessity of coming to Ex tremities; and no Endeavours have been wanting, conformable to My Engagements with My Allies, to obtain that happy End: But this desireable Event having been hitherto delayed, the Treaty of Seville lays an indispensable Obligation upon all the Contracting Parties to prepare for the Execution of it; and we must be in a Readiness to perform our Part, and, by continuing to pursue the proper Measures, convince our Allies that we will faithfully fulfill our Engagements; and, as far as shall depend upon us, procure the Satisfaction due to them, either by such Means as shall be most eligible, or by such as shall be found absolutely necessary.

The present critical Conjuncture seems, in a very particular Manner, to deserve your Attention; and you need not be told with what Impatience the Resolutions of this Parliament are every where waited for, and expected. I am incapable of attempting to influence your Proceedings by groundless Fears and Apprehensions, and as incapable of amusing you with vain Hopes and Expectations: But, as the Transactions now depending in the several Courts of Europe are upon the Point of being determined, the great Event of Peace or War may be very much affected by your First Resolutions. The Continuance of that Zeal and Vigour which you have hitherto shewn, in Support of Me and My Engagements, must, at this Time, be of the greatest Weight and Importance, both with regard to My Allies, who cannot then think their Interests and the common Cause neglected, before the Conditions of their Treaties are accomplished; and with regard to those who may be disposed, before the Season of Action is come, to prevent, by an Accommodation, the fatal Consequences of a general Rupture; which they will have little Reason to apprehend, if they find the Allies of Seville not prepared to do themselves Justice.

The Plan of Operations for the Execution of the Treaty of Seville by Force, in case we shall be driven to that Necessity, is now under Consideration; and, until the Proportions of the Confederate Forces, and the proper Dispositions for employing them, shall be finally adjusted and agreed upon, it will not be easy to determine how far the Expences, necessary for the Service of the ensuing Year, may, or may not, exceed the Provisions made for the Service of the last Year.

In the mean Time, I am persuaded, you will go on to give all possible Dispatch to the Public Business; and, if it shall be necessary, I shall not fail to ask the farther Advice and Assistance of My Parliament, according to the Circumstances of Public Affairs, and as soon as any proper Occasion shall require it.

Gentlemen of the House of Commons,

I will order the proper Estimates to be prepared, and laid: before you; and I can make no Doubt, but that dutiful Regard which you have always shewed to Me and My Honour, and your just Concern for the true Interest of your Country, will induce you to grant Me the necessary Supplies, and enable Me to make good My Engagements with My Allies, with that Chearfulness and Affection which become a British House of Commons, tender and jealous of the Honour of the Crown, careful and solicitous for the Glory and Prosperity of the Kingdom.

My Lords, and Gentlemen,

The Time draws near, which will admit of no farther Delays. If the Tranquillity of Europe can be settled, without the Effusion of Blood, or the Expence of Public Treasure, that Situation will certainly be most happy and desireable; but, if that Blessing cannot be obtained, Honour, Justice, and the facred Faith due to solemn Treaties, will call upon us to exert ourselves, in procuring by Force what cannot be had upon just and reasonable Terms."

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

PRAYERS.

Lords take them Seats, and the Oaths.

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

Robert Earl Ferrers, after the Death of his Brother Washington Earl Ferrers:

William Earl Cowper, after the Death of his Father William Earl Cowper:

And, Thomas Lord Trevor, after the Death of his Father Thomas Lord Trevor:

Whose Lordships, together with George Earl of Morton and Edward Lord Bishop of Durham, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

L Raymond introduced:

Then, Sir Robert Raymond Knight, Lord Chief Justice of His Majesty's Court of King's Bench, being, by Letters Patent, dat. 15^o Die Januarii 1730, Annoque Regni Georgii Secundi Regis Quarto, created Lord Raymond, Baron of Abbots Langley, in the County of Hertford, was, in his Robes, introduced, between the Lord Delawarr and the Lord Bingley, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, the Deputy Earl Marshal of England, and the Lord Great Chamberlain, 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 Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

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

Teste Meipso, apud Westm. Decimo Sexto Die Januarii, Anno Regni Nostri Quarto.

"BISSE & BRAY."

Which 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 lower End of the Barons Bench.

Poor's Bill.

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

King's Speech reported:

The Lord Chancellor reported His Majesty's Speech.

And the same being read, by the Clerk;

Order for an Address of Thanks.

It was moved, "To resolve, 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 express the Assurances of this House, that, the bad Consequences of the Treaty of Vienna having been prevented by the Measures formerly taken, and by the Treaty of Seville, nothing shall be wanting, on our Part, for the Execution of it: That we will persevere in our Zeal for the Support of His Majesty, and His Engagements; and enable Him, in all Events, to fulfil them: And that, when His Majesty shall ask our farther Advice and Assistance, we will come to such Resolutions as become dutiful and faithful Subjects."

And a Question being stated thereupon; it was proposed, "To add these Words; (videlicet,)

And most humbly to beseech His Majesty to concert such Measures, as may prevent the breaking out of a War upon The Rhine, or in The Austrian Netherlands; for the Preservation of which, this Nation has spent so much Blood and Treasure."

After Debate;

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

It was Resolved in the Negative.

Then a Resolution was agreed to, according to the First Proposition.

And the Lords following were appointed a Committee, to draw an Address thereupon; (videlicet,)

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

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

And, after some Time, the House was resumed.

Address reported.

And the Duke of Devonshire reported from the said Committee an Address, drawn by them.

Which, being read by the Clerk, was agreed to by the House, and is 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 the Thanks of this House, for Your most Gracious Speech from the Throne.

The many fatal Consequences attending the Treaty of Vienna, which affected all Europe, but more particularly this Nation, could only have been obviated by dissolving that dangerous Union: This the Measures formerly taken, and the Conclusion of the Treaty of Seville, have not only accomplished, but have even joined One of the great Contracting Powers of the Treaty of Vienna to the Allies of the Treaty of Hanover.

Your Majesty having thus laid a sure Foundation of the Public Tranquillity, if the just Conditions of the Treaty of Seville were complied with; and having, in Pursuance of Your Engagements with the Allies, used all Endeavours to obtain that happy End; it is highly our Duty to persevere in that Zeal for Your Majesty's Honour, and the Public Faith of the Nation, that all the Parties to that Treaty, who are under mutual and indispensable Obligations for the Execution of it, may find nothing wanting on the Part of Great Britain.

We therefore humbly beg Leave to assure Your Majesty, that the same Zeal and Vigour which has hitherto appeared in this House, for the Support of Your Majesty and Your Engagements, shall continue to be so manifest, in all our Proceedings, to the contending Powers Abroad, that there shall as little Doubt remain, to the utmost of our Power, of Your Majesty's being fully enabled, in all Events, to procure Satisfaction to Your Allies, if Force should be necessary, as there is of Your Majesty's known Inclination, from a Tenderness to Your People, and Concern for the Peace of Europe, to prevent, by any just Accommodation, the bad Consequences of a general Rupture.

We shall, in the mean Time, give all possible Dispatch to the Public Business; and whenever Your Majesty shall be graciously pleased to ask our farther Advice and Assistance, this House will come to such Resolutions as become dutiful and faithful Subjects, tender of the Effusion of Blood, and the Expence of Public Treasure; but unalterably steady in maintaining the Honour of the Nation, and the sacred Faith due to Public Treaties; ever mindful that we owe the Enjoyment of our happy Constitution to the Settlement of the Crown in Your Majesty's Royal Family; and contributing all that is in our Power, that Your Majesty may long wear it with Ease and Honour, undisturbed by Enemies, either at Home or Abroad."

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 by this House, with the said Address.

Isaac versus Williamson & al.

The joint and several Answer of Joseph Williamson and Jane his Wife, Charles Norris Clerk and Elizabeth his Wife, Executors and Devisees of Jane Meredith, lately deceased, to the revived Appeal of Simon Isaac Esquire, deceased, was brought in.

Adjourn.

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

DIE Veneris, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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.

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

Commitee 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 the last Session of Parliament.

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

Stoppages in the Streets, Order to prevent.

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

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

Cause-days appointed.

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

Counsel to keep close to the Matter.

Notice being taken to the House, "That the Counsel, at the Hearing of Causes, very frequently argue foreign to the Point; by reason whereof, such Hearings are extended to an unreasonable Length:"

It is therefore Ordered, That the Lord on the Woolsack do acquaint the Counsel, "It is expected by the House, that they speak as concisely as the Nature of the Case will admit; that they keep close to the Matter; and that the Second Counsel do not repeat what the First hath said."

Bp. Peterborough to preach 30th Inst.

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

Fitz Gerald versus Fitz Gerald.

Upon reading the Petition and Appeal of Edward Fitz Gerald Esquire; complaining of an Order of the Court of Exchequer in Ireland, of the Twenty-third of June last, made in a Cause wherein Thomas Fitz Gerald Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and such Order made for the Appellant's Relief as to this House shall seem meet:"

It is Ordered, That the said Thomas Fitz Gerald 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 Twenty-sixth Day of February next; and that Service of this Order on the Attorney or Attornies of the said Respondent, in the said Court of Exchequer in Ireland, be deemed good Service.

Visc. Fanconberg & Ux. versus Fitz Gerald & al.

Upon reading the Petition and Appeal of Thomas Fowler Lord Viscount Fauconberg, and Catherine Fowler Lady Viscountess Fauconberg his Wife; complaining of a Decree of the Court of Chancery, of the Twelfth of June last, made in a Cause wherein Richard Fitz Gerald Esquire and Rebecca his Wife were Plaintiffs, and the Appellants and others were Defendants; and praying, That the said Decree, and all subsequent Proceedings thereon, may be reversed; and the Plaintiffs Bill, as against them, dismissed with Costs:"

It is Ordered, That the said Richard Fitz Gerald and his Wife, as also Walter Lord Aston, and Charles Fowler, 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 Fifth Day of February next.

Ranby & Ux. versus Downes & al.

Upon reading the Petition and Appeal of John Ranby Esquire and Jane his Wife; complaining of Two Decretal Orders of the Court of Chancery, of the Fifth of January. 1727, and Fifteenth of November 1729, made in a Cause wherein George Downes was Plaintiff, and John Baynes Esquire, Serjeant at Law, John Milner Esquire, and others, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That George Downes, Robert Williamson, John Baynes, John Milner, and Sarah Barrett, 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 Fifth Day of February next.

Petitions for Private Bills.

Ordered, That, after the Second Day of March next, this House will not receive any Petition for a Private Bill, during this Session of Parliament.

E. of Warrington versus Hodgson; et è contra.

The House being moved, "That Friday the Nineteenth Day of February next may be appointed, for hearing the Original Appeal of William Hodgson Gentleman, to which George Earl of Warrington is Respondent; and that the Cross Appeal of the said Earl, against the said Hodgson, may be heard at the same Time:"

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

De Ghetoff & al. versus London Assutance.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Gio Marino de Ghettoff A Du Bois de Vroyland, and others, are Appellants, and the Governor and Company of The London Assurance Respondents:"

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

Foord versus Foord & Jolly.

The like Motion and Order, for hearing the Cause wherein William Foord Esquire is Appellant, and Ellen Foord an Infant, by William Jolly Esquire her Guardian, and the said William Jolly, are Respondents, on Wednesday the Third Day of February next.

Adjourn.

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

DIE Lunæ, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address reported:

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

"My Lords,

"I thank you for this dutiful and loyal Address: The enabling Me to fulfil My Engagements with My Allies, in all Events, will not only effectually secure and continue to My People the Advantages stipulated for them by Treaties, but may greatly contribute to the obtaining of a general Pacification."

Address and Answer to be printed.

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

Hopkins's petition withdrawn.

A Petition of Bertie Hopkins and Margaret his Wife, was presented to the House, and read, in relation to the Judgement of this House, on hearing their Appeal, the last Session of Parliament, whereby Directions were given to the Court of Chancery, to appoint Three Merchants to take an Accompt in Question; praying, "That the Report made by the Merchants to the said Court may be entirely set aside: and that the Report made by the Master may be absolutely confirmed; or that the Petitioners may be at Liberty to except to the said Merchants Report, as they shall be advised."

And, after Consideration had of the said Petition, the same was, by Leave of the House, withdrawn.

Jervoise & Rudyerd versus Feild.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Jervoise and Benjamin Rudyerd Esquires are Appellants, and James Feild Gentleman is Respondent:"

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

Visc. Barrington versus Searle: Errors to be argued.

The like Motion and Order, for arguing the Errors assigned upon a Writ of Error, wherein John Barrington Esquire, commonly called Viscount Barrington in the Kingdom of Ireland, is Plaintiff, and Susannah Searle Widow Defendant, on Monday the Eighth Day of February next.

Carre versus Halden.

The House being moved, at the Desire of both Parties, "That Friday the Fifth Day of March next may be appointed, for hearing the Cause wherein John Carre of Cavers Esquire is Appellant, and Mr. John Halden of Lanerk Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the said Fifth Day of March next, as desired.

Appleby to enter into a Recognizance for Visc. Fauconberg.

The House being moved, "That Christopher Appleby Esquire may be permitted to enter into a Recognizance for the Lord Viscount Fauconberg, on account of his Appeal; his Lordship being at a great Distance in the Country:"

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

Adjourn.

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

DIE Mercurii, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Radclisse versus Fursman:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Walter Radcliffe Esquire is Appellant, and Martha Fursman, an Infant, by Peter Burnaford Clerk, her Guardian, Respondent:"

Hearing appointed.

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

Byrne versus Morley & al.

Upon reading the Petition of Gerald Byrne Gentleman; praying, "In regard Jane Morley and others were ordered peremptorily to answer the Petitioner's Appeal the last Session of Parliament, which they neglected to do; that the said Appeal may be appointed to be heard on Friday the Twenty-sixth Day of February next; and that the Respondents may answer in the mean Time, if they think fit:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Day abovementioned.

Carrol's Petition, for making up a Decree.

Upon reading the Petition of Barnaby Carroll Esquire; praying, "In regard the Decree of the Court of Exchequer in Ireland, from which he appealed, ought to have been made up and entered, before an Injunction was issued by the said Court, for putting the Respondent Richard Viccars Gentleman into Possession of the Premises in Question, which he neglected to do; that the said Respondent may be ordered to make up the said Decree by a certain Day; and that Service of the Order of this House on his Agent or Solicitor here may be deemed good Service:"

It is Ordered, That the said Respondent do forthwith procure the said Decree to be made up, and entered; and that Service of this Order on his Agent or Solicitor here be deemed good Service, as desired.

Gould and Place, late Glisson's Appeal revived.

Upon reading the Petition of John Gould and Mary his Wife (late Mary Glisson), and of Conyers Place Junior, Clerk, and Magdalen his Wife (late Magdalen Glisson), the said Magdalen being an Infant, by the said Conyers Place Junior, her Husband and next Friend, and of Conyers Place Senior, Clerk; praying, "That the Appeal of the said Mary and Magdalen, presented the last Session of Parliament (they being since married), may stand revived, in the Names of the Petitioners:"

It is Ordered, That the said Appeal do stand revived accordingly.

Accounts of prohibited E. India Goods, &c. 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 Two Acts of Parliament, several Papers.

And then they withdrew.

The Titles of which Papers were read, as follow:

"The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of East India prohibited Goods, and Naval Stores imported from Russia, from Michaelmas 1729 to Michaelmas 1730.

"1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellen's, at Michaelmas 1729; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1730."

"2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1729; with what hath been brought in since that Time, what exported, as also what remained at Michaelmas 1730."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1729; with what hath been brought in since that Time, what exported, as also what remained at Michaelmas 1730."

"4. An Account of prohibited East India Goods remaining in the respective Warehouse in the Out Ports at Michaelmas 1729; with what hath been brought in since that Time, what exported, as also what remained at Michaelmas 1730."

"5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1729 to Michaelmas 1730."

"6. An Account of Naval Stores imported from Russia into the Ports commonly called The Out Ports, from Michaelmas 1729 to Michaelmas 1730."

Ordered, That the said Papers do lie on the Table, for the Perusal of the Lords.

Murphy to revive an Appeal.

A Petition of Margaret Murphy, Widow of Samuel Murphy lately deceased, Son and Heir of Patience Murphy his late Mother deceased, and of Samuel Murphy, Infant Son and Heir of the said Samuel Murphy his Father, living in Cork in the Kingdom of Ireland, was presented, and read; praying, "That the Appeal formerly exhibited by the said Samuel Murphy the Father in his Life-time, and all Proceedings thereon, may stand and be revived, and in the same Plight and Condition as they were at the Death of the said Samuel Murphy; and that the Petitioners may amend the said Appeal, by making the Petitioners Appellants; and that the Respondents William Browne and Hugh Browne his Son, who have formerly answered, may be ordered to put in their Answer to the amended Appeal, in such Time as to this House shall seem meet."

The Lords following were appointed a Committee, to consider of the said Petition; and to report what they shall think proper to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Friday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cardonnell & al. versus Asgill & al.

The several Answer of John Asgill Esquire, One of the Respondents to the Appeal of James Cardonnel Esquire, and of Mary Lilly, Widow and Executrix of William Lilly, deceased:

L. Fauconberg & Ux. versus Fitz Gerald & al.

Also, the Answer of Richard Fitz Gerald Esquire and Rebecca his Wife, Two of the Respondents to the Appeal of Thomas Fowler Lord Viscount Fauconberg and his Lady:

And, the Answer of Walter Lord Aston and Charles Fowler Esquire, Two other of the Respondents to the same Appeal;

Were brought in.

Murphy's Pet. withdrawn, and another presented.

The Earl of Ilay reported from the Lords Committees appointed on Wednesday last, to consider of the Petition of Margaret Murphy, Widow of Samuel Murphy, lately deceased, and of his Insant Son and Heir: "That the Committee had met accordingly, and were attended by the Petitioner's Agent; who desired, that Liberty might be given him to withdraw the said Petition, in order to exhibit another, more proper for the Purpose intended."

Ordered, That Leave be given to withdraw the said Petition, as desired.

Then, a Petition of Samuel Murphy, Son and Heir of Samuel Murphy, late of Cork in the Kingdom of Ireland, deceased, who was Son and Heir of Patience Mur phy his late Mother, deceased, the Petitioner being an Infant under the Age of Twenty-one Years, by Margaret Murphy Widow, the Petitioner's Mother and next Friend, was presented to the House, and read; praying, That the Appeal exhibited by the Petitioner's Father in his Life-time, and all Proceedings thereon, may stand and be revived, and in the same Plight and Condition as they were at the Death of the said Samuel Murphy; and that the Petitioner may amend the said Appeal, by making him Appellant, as Heir at Law to his said Father; and that William Browne and Hugh Browne, who have formerly answered, may be ordered to put in their Answer to such amended Appeal in such Time as to their Lordships shall seem meet; and that Service of such Order on the Respondents Clerk in Court in Ireland may be deemed good Service:"

It is Ordered, That the Petitioner may amend the said Appeal, as desired; and that the said William Browne and Hugh Browne do put in their Answer thereunto, in Writing, on or before Friday the Fifth Day of March next; and that Service of this Order on their Clerk in Court in Ireland be deemed good Service.

Brown, Ca'led L. Kenmare versus Lavallin & al.

Upon reading the Petition and Appeal of Valentine Brown Esquire, commonly called Lord Kenmare in the Kingdom of Ireland; complaining of Part of a Decree, or Decretal Order, of the Court of Chancery in the said Kingdom of the Twenty-seventh of June 1723, made in a Cause wherein the Appellant was Plaintiff, and Melchier Lavallin Esquire and others were Defendants; and praying, "That so much thereof as directs the Accompt to be taken between the Appellant and Lavallin and White, upon the Foot of the Trustees Decrees, may be reversed, or rectified:"

It is Ordered, That James Lavallin, Francis Garvan, Eustace White, Jordan Roch and Eleanor his Wife, Elizabeth White, John White, Priscia White, Jane White, David Power, and John Damer, 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 Fifth Day of March next; and that Service of this Order on their respective Clerks in Court in the said Court of Chancery of Ireland be deemed good Service.

Blackwood & al. versus Col Eriskin & al.

Upon reading the Petition and Appeal of Robert Blackwood of Pitreavie Esquire; complaining of several Interlocutors of the Court of Session in Scotland, made on the Behalf of Colonel John Eriskin, David Earl of Buchan, Mr. Charles Eriskin, and others, the Representatives and Executors of Katherine Lady Cardros, and Major William Eriskin of Tory, the Representative of Mr. William Eriskin, sometime Governor of Blackness Castle; and praying, "That the said Interlocutors may be reversed:"

It is Ordered, That the said Colonel John Eriskin and the other Parties abovementioned 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 Twenty-sixth Day of February next; and that Service of this Order upon the Agents, or Attornies, of the said Respondents, in the said Court of Session in Scotland, be deemed good Service.

Catwick Common Fields, Leave for a Bill.

Upon reading the Petition of the Lord of the Manor of Catwick, in the County of York, and of the Freeholders and others, having Lands and Right of Common Fields and Commonable Lands, of and in the Lordship of Catwick aforesaid; praying Leave to bring in a Bill, for enclosing Common Fields there:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Cardonnel and Lilly versus Browne, called L. Kenmare & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Cardonnel Esquire and Mary Lilly Widow are Appellants, and Valentine Browne Esquire, commonly called Lord Kenmare in the Kingdom of Ireland, 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.

Sir J Lambert versus Sir D. O Carroll.

The like Motion and Order, for hearing the Cause wherein Sir John Lambert Baronet is Appellant, and Sir Daniel O Carroll Respondent, on the next vacant Day for Causes after those already appointed.

Sir R. Levinge versus Ly Levinge.

The like Motion and Order, for hearing the Cause wherein Sir Richard Levinge, of the Kingdom of Ireland, Baroner, is Appellant, and Dame Mary Levinge Widow Respondent, on the next vacant Day for Causes after those already appointed.

Isaac versus Williamson & al. Executors of Mercdith.

The like Motion and Order, for hearing the Cause wherein John Isaac Esquire is Appellant, and Joseph Williamson and others, Executors and Devisees of Jane Mercdith, lately deceased, are Respondents, on the next vacant Day for Causes after those already appointed.

V. Fauconberg & Ux. versus Fitz Gerald & al.

The like Motion and Order, for hearing the Cause wherein Thomas Fowler Lord Viscount Fauconberg and Catherine Fowler Lady Viscountess Fauconberg his Wife are Appellants, and Richard Fitz Gerald Esquire and Rebecca his Wife, and others, are Respondents, on the next vacant Day for Causes after those already appointed.

Fergusson versus Maitland.

The like Motion and Order, for hearing the Cause wherein William Fergusson of Auchinblain is Appellant, and William Maitland Respondent, on the next vacant Day for Causes after those already appointed.

Minchin versus Edwards.

The like Motion and Order, for hearing the Cause wherein John Minchin Esquire is Appellant, and Mary Edwards Spinster Respondent, on the next vacant Day for Causes after those already appointed.

Campbell versus Aikenhead.

The like Motion and Order, for hearing the Cause wherein Elizabeth Campbell Widow is Appellant, and John Aikenhead Respondent, on the next vacant Day for Causes after those already appointed.

Borthwick versus Borthwick.

The like Motion and Order, for hearing the Cause wherein Lilly Borthwick Spinster is Appellant, and John Borthwick Esquire Respondent, on the next vacant Day for Causes after those already appointed.

Cutlar versus Maxwell.

The like Motion and Order, for hearing the Cause wherein Archibald Cutlar of Orraland is Appellant, and Alexander Maxwell of Newlaw, and others, are Respondents, on the next vacant Day for Causes after those already appointed.

Damer & al. peremptorily to answer Sir W. Barker's Appeal.

The House was informed, "That John Damer, Joseph Damer, and Nathaniel Evans, had not put in their Answer to the Appeal of Sir William Barker Baronet, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Mathias Swiney of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Gordon peremptorily to answer Sir W. Gordon's Appeal.

The House was informed, "That Lodowick Gordon, Merchant in Elgin, had not put in his Answer to the Appeal of Sir William Gordon of Invergordon Baronet, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Currie Writer in Edinburgh, of the due Service of the said Order, being read:

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

Gray versus the King's Advocate for Scotland & al.

The House was informed, "That His Majesty's Advocate for Scotland and others, Respondents to the Appeal of poor Joseph Gray, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

But no Proof being made of the Service of the said Order:

It is Ordered, That the said Respondents do put in an Answer to the said Appeal in Four Weeks.

Gould & al., for a Day of Hearing and Deeds to be produced.

Upon reading the Petition of John Gould and Mary his Wife, Conyers Place Junior and Magdalen his Wife, and Conyers Place Senior; praying, "That a Day may be appointed, for hearing the Petitioners Appeal, to which William Morgan, alias Okeden, and others, are Respondents; and that an Indenture of Release, dat. 30^o Augusti, 3^o Jac. 2^di, an Indenture of Release, dat. 27^o Decembris 1715, and a Fine levied Hill. 2^o Geo. 1^mi, an Indenture of Release, dat. 18^o Julii 1716, and the Original Will of William Okeden, dat. 29^o Januarii 1716, which were ordered to be produced at the Hearing below in the Court of Chancery, may be produced at the Bar of this House, by the Respondents, at the hearing the said Appeal:"

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; and that the several Deeds and Writings abovementioned be produced, at the Hearing in this House, as desired.

Adjourn.

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

DIE Sabbati, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Adjourn.

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

Hitherto examined by us,

Bridgewater.

Abingdon.

N. St. Davids.

Willoughby de Broke.