January 1726
Anno 12o Georgii Regis.
DIE Jovis, Vicesimo Januarii, 1725
DIE Jovis, Vicesimo Januarii, 1725, Annoque Regni Serenissimi Domini Georgii, Dei Gratia, Magnæ Britanniæ, Franciæ & Hiberniæ Regis, Fidei Defensoris, &c. Duodecimo; in quem Diem præsens 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.
Georgius Princeps Walliæ.
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Dudley & Ward.
Ds. Howard de Effingham.
Ds. Hunsdon.
Ds. Maynard.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.
Ds. Walpole. |
PRAYERS.
The House was adjourned during Pleasure, to
robe.
The House was resumed.
The King present.
His Majesty, being seated on His Royal Throne,
adorned with His Crown and Regal Ornaments, and
attended with His Officers of State; the Prince of Wales,
in his Robes, sitting in his Place on His Majesty's Right
Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let
the Commons know, "It is His Majesty's Pleasure, they
attend Him immediately, in this House."
Who being come, with their Speaker; the Lord
Chancellor, on his Knee, received Directions from His
Majesty (who at the same Time delivered a Paper into
his Lordship's Hand); and being returned to his Place
at his Majesty's Right Hand, His Majesty spake as follows:
"My Lords, and Gentlemen,
"I have commanded my Lord Chancellor to declare
to you, in My Name and Words, the Causes of My
meeting you at this Time in Parliament."
Then the Lord Chancellor said,
"My Lords, and Gentlemen,
"I have received His Majesty's Royal Commands,
from the Throne, to declare to you, in His Majesty's Name and Words, the Causes of His meeting
you at this Time in Parliament, as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"I have had such frequent Experience of the Wisdom and Zeal of this Parliament, on many important
Occasions, that it is with Pleasure I now meet you
again; and I make no Doubt but that your Endeavours for the Good and Service of your Country will
be as successful as they have hitherto been.
"The distressed Condition of some of our Protestant
Brethren Abroad, and the Negotiations and Engagements entered into by some Foreign Powers, which
seem to have laid the Foundation of new Troubles
and Disturbances in Europe, and to threaten My Subjects with the Loss of several of the most advantageous Branches of their Trade, obliged Me, without
any Loss of Time, to concert with other Powers such
Measures as might give a Check to the ambitious
Views of those who are endeavouring to render
themselves formidable, and put a Stop to the farther Progress of such dangerous Designs. For these
Ends, I have entered into a defensive Alliance with
the Most Christian King and the King of Prussia; to
which several other Powers, and particularly The States
General, have been invited to accede; and I have not
the least Reason to doubt of their Concurrence.
This Treaty shall in a short Time be laid before
you.
"By these Means, and by your Support and Assistance, I trust in God, I shall be able not only to
secure to My own Subjects the Enjoyment of many
valuable Rights and Privileges, long since acquired
for them by the most solemn Treaties; but effectually
to preserve the Peace and Balance of Europe, the
only View and End of all My Endeavours.
"Gentlemen of the House of Commons,
"I have ordered the Estimates for the Service of
this Year to be prepared and laid before you; which,
from an Unwillingness I always have to put My Subjects to an extraordinary Expence by any unnecessary
Precautions, are formed upon the Foot of employing
no greater Number of Forces than was thought necessary the last Year; for which, if the Supplies you
give shall be fully and effectually raised, I shall be
enabled to have a strong Fleet at Sea early in the
Spring. If the Posture of Affairs shall at any Time
make it necessary to augment our Maritime Force, I
confide so entirely in the Zeal and Affection of My
Parliament, that, I assure Myself, you will enable Me
to make such an Addition to the Number of Seamen
as shall be found requisite.
"My Lords, and Gentlemen,
"It is not to be doubted but the Enemies to My Government will conceive Hopes that some favourable
Opportunity for renewing their Attempts may offer,
from the Prospect of new Troubles and Commotions.
They are already very busy, by their Instruments
and Emissaries, in those Courts whose Measures seem
most to favour their Purposes, in soliciting and promoting the Cause of the Pretender: But, 1 persuade
Myself, notwithstanding the Countenance and Encouragement they may have received, or flatter themselves with, the Provision you shall make for the
Safety and Defence of the Kingdom will effectually
secure us from any Attempts from Abroad, and render
all such Projects vain and abortive.
"When the World shall see that you will not suffer
the British Crown and Nation to be menaced and insulted; those who most envy the present Happiness
and Tranquillity of this Kingdom, and are endeavouring to make us subservient to their Ambition, will
consider their own Interest and Circumstances, before
they make any Attempt upon so brave a People,
strengthened and supported by prudent and powerful Alliances; and, though desirous to preserve the
Peace, able and ready to defend themselves against
the Efforts of all Aggressors. Such Resolutions, and
such Measures, timely taken, I am satisfied, are the
most effectual Means of preventing a War, and continuing to us the Blessings of Peace and Prosperity."
The said Speech being ended, His Majesty was
pleased to retire; and the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
L. Dudley and Ward, and L. Howard Eff. take their Seats.
Edward Lord Dudley and Ward, and Francis Lord
Howard of Effingham, fat first in Parliament; the one,
after the Death of his Father Edward Lord Dudley
and Ward; and the other, upon the Death of his Brother Thomas Lord Howard of Effingham; their Lordships
having first, at the Table, took the Oaths, and made
and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Poor's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
preventing of the Poor's being defrauded."
The Lord Chancellor reported His Majesty's
Speech.
Order for an Address on the King's Speech.
Ordered, That an humble Address be presented
to His Majesty, "To return the Thanks of this House
for His Majesty's most Gracious Speech from the
Throne: To congratulate His Majesty's happy Return in Safety to His People: To declare our highest
Satisfaction in His Majesty's compassionate Concern
for the distressed Protestants Abroad: Most thankfully to acknowledge His Majesty's great Goodness
and Condescension, in acquainting us with the defensive Alliance He hath lately thought fit to enter
into, and for His Gracious Promise that it should
be soon communicated to us: To express our Opinion, how vain it is for any Foreign Powers to entertain the Hopes of rendering themselves formidable
to Britain: To give His Majesty the strongest Assurances, that nothing is so dear to us as His Majesty's
Honour; and that He may, at all Times, depend on
our utmost Efforts to maintain and defend it, against
all Powers whatsoever: That there can be no Doubt
but that, at such a Juncture, new Schemes and Solicitations are daily making, to revive the expiring Cause
of the Pretender; all which, we assure ourselves,
will but hasten the Destruction of him, and of all
his perjured Adherents: To acknowledge His Majesty's unwearied Endeavours to perpetuate to us the
Blessing of that happy Tranquillity we now enjoy,
and to maintain the general Peace and Balance of
Europe; to preserve the Trade of this Nation, and
to secure to His People the many valuable Rights
and Privileges to which they are entitled by the most
solemn Treaties: And to declare our firm Persuasion,
that all His Majesty's Endeavours will be crowned
with Success."
Then the Lords following were named a Committee,
to prepare an Address pursuant thereto; and report to the House; (videlicet,)
|
Dux Dorset, Senescallus.
Dux Rutland.
Dux Greenwich.
Comes Peterborow.
Comes Ilay.
Viscount Townshend.
Viscount Harcourt. |
Epus. London. |
Ds. Trevor.
Ds. Bingley. |
Their Lordships, or any Five of them; to meet
presently, in the Prince's Lodgings near the
House of Peers; and to adjourn as they
please.
The House was adjourned during Pleasure; and the
Committee withdrew, to draw the Address.
After some Time, the House was resumed.
Address reported.
And the Earl of Ilay reported from the said Lords
Committees, "That they had prepared an Address,
pursuant to the before-mentioned Order."
Which his Lordship read, as follows:
"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 Speech from the Throne; and, with Hearts
full of inexpressible Joy, to congratulate Your Majesty upon Your happy Return in Safety to Your
Kingdom.
"We cannot without the highest Satisfaction reflect
upon Your Majesty's Concern for our distressed Protestant Brethren Abroad: Our most zealous Endeavours shall never be wanting, that Your Majesty's
pious Interposition for them may produce the most desired Effects.
"We thankfully acknowledge Your Majesty's exceeding Goodness and Condescension, in acquainting
us with the desensive Alliance lately made by Your
Majesty, for preventing the ill Consequences which
might otherwise attend the Negotiations and Engagements entered into by other Potentates, to the apparent Prejudice of this Kingdom; and for Your Majesty's Gracious Assurance, that it should be soon
laid before us.
"Nothing can be more vain than for any Foreign
Powers to entertain the Hopes of rendering themselves formidable to Britain; Your Majesty having
strengthened Yourself by such powerful Alliances,
the Resolution and Fidelity of Your Subjects being so
well known, and the late Marks of then Valour not
yet worn out. We most humbly entreat Your Majesty to believe, that our Lives are not dearer to us
than Your Majesty's Honour; and that Your Majesty may at all Times, with Certainty, depend upon
our strongest Efforts to maintain and defend it
against all Powers whatsoever, who can so far
delude themselves, as to imagine that they may
with Safety insult or menace the British Crown or
Nation.
"It is no Surprize to us that the Enemies to Your
Majesty's Person and Government are labouring to
disturb the Peace of this Kingdom, if they can slatter themselves with the Prospect of any new Troubles or Commotions in Europe. We can easily
believe that, at such a Juncture, new Schemes and
Solicitations are daily making, by the most profligate and abandoned of them, to revive the expiring Cause of the Pretender: All which, we assure
ourselves, can have no other Effect, than to hasten
his Destruction, and the utter Ruin of all his perjured Adherents.
"Your Majesty's constant and unwearied Endeavours to perpetuate to us the Blessing of that happy Tranquillity we now enjoy, and to maintain the
general Peace and Balance of Europe, to preserve
the Trade of this Nation, and to secure to Your
People the many valuable Rights and Privileges to
which they are entitled by the most solemn Treaties,
oblige us to all imaginable Returns of Duty and
Gratitude; and leave us no room to doubt, when
we consider the prudent Measures Your Majesty has
taken for attaining those great Ends, but that all
Your Majesty's Endeavours will, by the Blessing of
God thereupon, notwithstanding any Attempts to
the contrary, be crowned with Success."
And the same, being read by the Clerk entire, and
afterwards in Paragraphs, was agreed to by the
House.
Ordered, That this be the Address to be presented
to His Majesty.
Ordered, That the same 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.
Berry versus Hunt.
The Answer of Edward Hunt Esquire, to the Appeal of William Berry Esquire, presented to this
House the Seventh of April last, was this Day brought
in.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum primum diem instantis lanuarii, hora duodecima, Dominis sic decernentibus.
DIE Veneris, 21o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Arch. Ebor.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Bristol.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Roxburgh.
Dux Greenwich.
Dux Manchester.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Findlater.
Comes Ilay.
Comes Ferrers.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Pomfret.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Onslow.
Ds. Lechmere. |
PRAYERS.
His Majesty to be attended with the Address.
The Lord Steward acquainted the House, "That
the Lords with White Staves (according to Order)
had waited on His Majesty, humbly to know what
Time 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."
Bp. of Norwich to preach the 31st Inst.
Ordered, That the Lord Bishop of Norwich be,
and he is hereby, desired to preach before this House,
in the Abbey Church, Westminster, on Monday the Thirtyfirst Day of this Instant January.
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.
|
Ds. Cancellarius.
Ds. Senescallus.
Ds. Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Pembroke.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Dartmouth.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav. |
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Dudley & Ward.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.
Ds. Walpole. |
Their Lordships, or any Seven of them; to meet
on Monday next, at Ten a Clock in the Forenoon, in the House of Peers, and every Monday
after; and to adjourn, from Time to Time, as
they please.
Sub-committee, Journal.
Lords Sub-committees appointed to consider of the
Orders and Customs of the House, and Privileges
of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of
this House.
|
Ds. Senescallus.
Dux Montagu.
Dux Greenwich.
Dux Bridgewater.
Comes Warwick.
Comes Clarendon.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Findlater.
Comes Ilay.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Hatton.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt. |
Epus. London.
Epus. Winton.
Epus. Asaphens.
Epus. Roffen.
Epus. Petriburg.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Menevens.
Epus. Cicestriens.
Epus. Bristol.
Epus. Landav. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Lechmere.
Ds. Walpole. |
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-Strcet, 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.
Acherley & Ux versus Vernon & al
Whereas there is an Appeal depending in this House,
wherein Roger Acherley Esquire and Elizabeth his Wife
are Appellants, and Bowater Vernon Esquire, William
Vernon, Thomas Vernon Senior, George Vernon, George
Vernon an Infant, Richard Vernon, Francis Keck, John
Niccoll, and Thomas Vernon an Infant, are Respondents;
and though the Cause was appointed to be heard the
last Session of Parliament, yet the same came not to a
Hearing:
And the House being this Day moved, on the Behalf
of the said Respondents, "To appoint a Day for hearing thereof:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Second Day of February next, at Eleven a Clock.
Days for hearing Causes.
Ordered, That Mondays, Wednesdays, and Fridays,
be appointed Days for hearing Causes.
Sir J Home versus Home of Karms.
Upon reading the Petition and Appeal of Sir John
Home Baronet, Eldest Son and Heir to Sir Patrick Home
deceased; complaining of several Interlocutors of the
Lords of Session in Scotland, of the Twenty-eighth of
December 1720, the Eighteenth of July 1721, the
Ninth of January 1722, the Sixteenth of January
1723, the Fifth of January 1725, and a Decree of the
said Lords the Thirty-first of July following, made on
the Behalf of George Home of Kaims; and praying,
"That the same may be reversed:"
It is Ordered, That the said George Home may have
a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing,
on or before Friday the Eighteenth Day of February next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis,
vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Hereford.
Epus. Menevens.
Epus. Cicestriens.
Epus. Landav. |
Ds. King, Cancellarius.
Dux Kingston, Custos Privati Sigilli.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
2. Dux Roxburgh.
1. Dux Montrose.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Lincoln.
Comes Peterborow.
Comes Scarsdale.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Aberdeen.
Comes Ilay.
Comes Ferrers.
Comes Dartmouth.
Comes Bristol.
Comes Pomfret.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Trevor.
Ds. Masham.
Ds. Bingley.
Ds. Lechmere. |
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; and that His Majesty was pleased
to return this most Gracious Answer; (videlicet,)
"My Lords,
"I heartily thank you, for this very affectionate and
loyal Address: The World may be convinced by
it how fixed and immoveable all your Purposes and
Resolutions are, to maintain My Honour, and promote
the true Interest of your Country. You may be assured of My constant Endeavours to support the Protestant Religion, to preserve the Peace and Balance of
Power in Europe, to prevent any Encroachment on
the Trade of My Subjects, and on all Occasions to
increase their Happiness."
Address and Answer to be printed.
Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
Cowper Clerk of the Parliament's Petition, touching C. Reynell.
Upon reading the Petition of William Cowper Esquire,
Clerk of the Parliaments; representing, amongst other
Things, "That Charles Reynell had lately filed a Bill
in the Court of Exchequer, against Spencer Cowper
Esquire and the Petitioner, for a Discovery of a Promise, pretended to be made by the said Spencer Cowper, in 1714, that he would procure the said Reynell
to be Deputy to the Petitioner, as Clerk of the Parliaments; and as against the Petitioner, for a specific Performance of the like pretended Promise; and
that the Petitioner was, in Michaelmas Term last,
served with a Subpœna, to answer the said Bill; and
did appear thereto, and prayed Time to plead, answer, or demur; which he obtained accordingly,
till within a Week of this Term;" and praying the
Consideration of this House, touching the Matters contained in the said Petition; "and that the Petitioner
might receive their Lordships Commands, how to demean himself in respect to the said Suit, before he
put in his Answer, Plea, or Demurrer, to the said
Bill, as the Case might require:"
And, upon reading the Affidavit of Thomas Dowse
Gentleman, referred to by the said Petition, and in
Support of the Allegations thereof:
It is Ordered, That the Matter of the said Petition
be, and is hereby, referred to the Consideration of
the Lords Committees for Privileges; and that the Petitioner, as likewise the said Charles Reynell, may be
heard, by their Counsel, before their Lordships, if they
think fit.
Sir J. Shaw versus Ly. Shaw, al. Houstoun.
Upon reading the Petition and Appeal of Sir John
Shaw of Greenock Baronet; complaining of an Interlocutory Order of the Two and Twentieth of June
1725, and an Order and Decree of the Twentieth of
July following, made by the Lords of Session in Scotland, in a Cause wherein the Petitioner was Plaintiff,
and Dame Margaret Schaw alias Houstoun was Defendant; and praying, "That the same may be reversed:"
It is Ordered, That the said Dame Margaret
Schaw alias Houstoun may have a Copy of the said Appeal; and shall and she is hereby required to put in
her Answer thereunto, in Writing, on or before Tuesday the Two and Twentieth Day of February next.
Acherley & Ux. versus Vernon & al.:
Whereas Wednesday the Second Day of February
next is appointed, for hearing the Cause wherein Roger Acherley Esquire and Elizabeth his Wife are Appellants, and Bowater Vernon Esquire and others are Respondents:
Judges to attend.
It is Ordered, That the Hearing the said Cause
be adjourned to the Friday following; and that the
Judges, or some of them, do attend the said Hearing.
Ly. Houstoun, al. Shaw, versus Sir J. Shaw.
Upon reading the Petition and Appeal of Dame
Margaret Houstoun alias Schaw; complaining of Two
Decrees of the Lords of Session in Scotland, made the
Nineteenth and Twenty-fifth Days of July 1711, in a
Cause wherein the Petitioner's Mother was Plaintiff,
and Sir John Shaw Baronet was Defendant; and praying, "That the same may be reversed:"
It is Ordered, That the said Sir John Shaw may
have a Copy of the said Appeal; and do put in his
Answer thereunto, in Writing, on or before Tuesday
the Two and Twentieth Day of February next; and
that Service of this Order upon the said Respondent's
Agent, or Writer, in the Court of Session in Scotland,
be deemed good Service.
Cornwall versus Bowles.
Upon reading the Petition and Appeal of Francis
Cornwall Esquire; complaining of a Decree of the
Court of Chancery, made the Seventeenth Day of June
1724, in a Cause wherein William Bowles Esquire was
Plaintiff, and the Petitioner Defendant; and praying,
"That the same may be reversed:"
It is Ordered, That the said William Bowles may
have a Copy of the said Appeal; and shall and he
is hereby required to put in his Answer thereunto, in
Writing, on or before Tuesday the Eighth Day of February next.
Herbut versus Philpott and Hodges.
Upon reading the Petition and Appeal of Isaac Helbut; complaining of a Decree of the Court of Chancery, made the Seventeenth of October 1723, in a Cause
wherein Nicholas Phillpott Esquire was Plaintiff, and the
Petitioner and John Hodges were Defendants; and praying, "That the same, and the Proceedings and Orders
grounded thereon, may be reversed; and that the
Decree made by the Master of the Rolls, the Ninth
of May 1721, for the Dismission of the Plaintiff's
Bill, as against the Petitioner, with Costs, may be
affirmed:"
It is Ordered, That the said Nicholas Phillpott and
John Hodges may have a Copy of the said Appeal; and
do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighth Day of
February next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
vicesimum sextum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 26o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestr.
Epus. Bristol.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Roxburgh.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Peterborow.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ferrers.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth. |
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Cornwallis.
Ds. Lynne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Herbert.
Ds. Bathurst.
2. Ds. Ducie.
1. Ds. Bingley. |
PRAYERS.
McCulloch versus McCulloch.
This Day the Answer of Christian McCulloch, to the
Appeal of David McCulloch of Pilton, presented to
this House the Twelfth of March last, was brought
in.
Ash versus Sir W. Parsons & Ux.
Whereas there is an Appeal depending in this
House, wherein Richard Ash Esquire is Appellant, and
Sir William Parsons Baronet and Dame Elizabeth his
Wife are Respondents; which, by Order of the Two
and Twentieth of April last, was adjourned to this Session of Parliament:
And the House being this Day moved, "To appoint
a Day for hearing thereof:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Seventh
Day of February next, at Eleven a Clock.
Ward and Fen versus Johnson & al.
Upon reading the Petition and Appeal of John Ward
and Henry Fenn Esquires; complaining of several Orders of the Court of Chancery, made the Seventeenth
of January 1721, the Sixteenth and Thirty-first of January 1722, the Twenty-seventh of July 1723, the
Nineteenth of December 1724, the Seventeenth of August and Eleventh Days of November last, in a Cause
wherein Margaret Johnson Widow, Arthur Collier and
Margaret his Wife, were Plaintiffs, and the Petitioners
were Defendants; and praying, "That the same, so
far as the Petitioners complain, may be reversed;
and that the Money paid in Obedience to the said
Orders may be refunded to the Petitioners:"
It is Ordered, That the said Margaret Johnson and
Arthur Collier and his Wife may have a Copy of the
said Appeal; and shall and they are hereby required to
put in their Answer or respective Answers thereunto,
in Writing, on or before Wednesday the Ninth Day of
February next; and that Service of this Order on the
Respondents Clerk in the said Court of Chancery be
deemed good Service.
McGuire versus Maddin:
The House was informed, "That Richard Maddin
Merchant, who, by Order of this House of the
Twenty-third of February last, was required to put in
his Answer to the Appeal of Richard McGuire Merchant on or before the Thirtieth of March following, has neglected to put in his Answer thereunto,
though duly served with the said Order for that
Purpose."
And thereupon an Affidavit, made by Samuel Richardson, of the said Service, being read:
To answer peremptorily.
It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a
Week.
O Hara versus Sir R. Adaire:
Upon reading the Petition of Charles O Hara Esquire,
Appellant in a Cause depending in this House, to
which Sir Robert Adaire Knight is Respondent; praying, "In regard the Petitioner's Appeal, by his Case,
was not fully laid before Counsel, and the same is
deficient, that the Petitioner may be at Liberty to
amend the said Appeal:"
To amend Appeal.
It is Ordered, That the Petitioner be at Liberty
to amend the said Appeal, as desired.
Vaughan versus Blake.
Whereas there is an Appeal depending in this
House, wherein William Vaughan Merchant is Appellant, and Robuck Blake Gentleman is Respondent; and
though the Cause was appointed to be heard the last
Session of Parliament, yet the same came not to a
Hearing:
And the House being this Day moved, "To appoint
a Day for hearing thereof:"
It is Ordered, That this House will hear the
said Cause, by Counsel, at the Bar, on Wednesday the
Ninth Day of February next, at Eleven a Clock.
Edgworth versus Swift.
The House being also moved, "That a Day may
be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Mead
Swift Gentleman is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Eleventh
Day of February next, at Eleven a Clock.
Mr. Carpenter & al. Petition referred to Judges.
Upon reading the Petition of George Carpenter
Esquire and Elizabeth his Wife, Daughter of David
Petty of London Merchant, and of the said David Petty; praying Leave to bring in a Bill, to rectify and
amend a Mistake in the Settlement made on the Marriage of the Petitioner George Carpenter with the said
Elizabeth his now Wife:
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 Baron of the Court of Exchequer; who
are forthwith to summon all Parties concerned in the
Bill; and, after hearing them, to report to the House
the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties
that may be concerned in the Consequences of the
Bill have signed the Petition; and also that the Judges,
having perused the Bill, do sign the same.
Adjourn.
Dominus King Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem
Veneris, vicesimum octavum diem instantis Januarii,
hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 28o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Asaphens.
Epus. Oxon.
Epus. Roffen.
Epus. Eliens.
Epus. Lincoln.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Cicestr.
Epus. Bristol.
Epus. Landavens. |
Ds. King, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Cleveland & South'ton.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Leicester.
Comes Warwick & Holland.
Comes Scarsdale.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Aberdeen.
Comes Orkney.
Comes Ferrers.
Comes Halifax.
Comes Pomfret.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt. |
Ds. Abergavenny.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. St. John Blets.
Ds. Compton.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Trevor.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere. |
PRAYERS.
L. Saltoun versus Fraser.
Whereas there is an Appeal depending in this House,
wherein Alexander Lord Saltoun is Appellant, and Mr.
William Fraser is Respondent; and though the Cause
was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:
And the House being this Day moved, "To appoint
a Day for hearing thereof:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the Fourteenth Day of February next, at Eleven a Clock.
Neilson versus Murray.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Neilson
of Chapell is Appellant, and John Murray is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Wednesday the Sixteenth Day of February next, at Eleven a Clock.
Major Cochrane versus L. Blantyre.
Upon reading the Petition and Appeal of Major Thomas Cochrane; complaining of Two Interlocutors of the
Lords of Session in Scotland, of the Twenty-second and
Thirtieth Days of July last, in a Cause wherein the Petitioner was Plaintiff, and Robert Lord Blantyre was Defendant; whereby the said Lords refused the Petitioner
his Expences, and ordained the Bonds in Question to remain in the Process, and not be given up to the Petitioner, in order to be retired; and praying, "That the
same may be reversed:"
It is Ordered, That the said Robert Lord Blantyre
may have a Copy of the said Appeal; and do put in his
Answer thereunto, in Writing, on or before Friday the
Twenty-fifth Day of February next.
Brown & al. versus Gibbins.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Brown,
Jude Clarkson, Humphrey Drew, Andrew Davis, John
Wardell, and Thomas Lloyd, are Appellants, and Richard Gibbins is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday the Eighteenth
Day of February next, at Eleven a Clock.
Account of prohibited East India Goods and Naval Stores delivered.
The House being informed, "That some of the Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, pursuant to some Acts of Parliament, several Papers.
And being withdrawn;
The Titles thereof were read, by the Clerk, as follow:
The Return of the Commissioners of the Customs
to the Right Honourable the Lords Spiritual
and Temporal, with the Accounts of prohibited East-India Goods, and Naval Stores imported from Russia, from Michaelmas 1724, to
Michaelmas 1725.
"1. An Account of prohibited East-India Goods
remaining in Warehouses at St. Hellens at Michaelmas
1724; with what has been brought in since that
Time; what exported; as also what remained at Michaelmas 1725."
"2. An Account of prohibited East-India Goods remaining in Warehouses at Leadenhall at Michaelmas 1724; with what has been brought in since that
Time; what exported; as also what remained at Michaelmas 1725."
"3. An Account of prohibited East-India Goods remaining in His Majesty's Warehouse in the Port of
London at Michaelmas 1724; with what has been
brought in since that Time; what exported; as also
what remained at Michaelmas 1725."
"4. An Account of prohibited East-India Goods remaining in the respective Warehouses in the Out Ports
at Michaelmas 1724; with what has been brought in
since that Time; what exported; as also what remained at Michaelmas 1725."
"5. An Account of Naval Stores imported from
Russia into the Port of London, from Michaelmas
1724, to Michaelmas 1725."
"6. An Account of Naval Stores imported from
Russia into the Ports commonly called The Out Ports,
from Michaelmas 1724 to Michaelmas 1725."
Barker versus Gyles & al.
Upon reading the Petition and Appeal of Robert
Barker Gentleman; complaining of a Decree of the
Court of Chancery, made about the Fourth Day of
June last, in a Cause wherein the Petitioner was Plaintiff, and Nathaniel Gyles and Lawrence Smith, Executors
of Robert Barker Esquire, deceased, Martha Barker,
John Blake, and Penelope his Wife, were Defendants;
and praying, "That the same may be reversed:"
It is Ordered, That the said Nathaniel Gyles, Lawrence Smith, Martha Barker, and John Blake and his
Wife, may have a Copy of the said Appeal; and shall
and they are hereby required to put in their Answer or
respective Answers thereunto, in Writing, on or before
Friday the Eleventh Day of February next; and that
Service of this Order on the Defendants Clerk in the
said Court of Chancery be deemed good Service.
Ellison versus Stewart:
Upon reading the Petition of Jabez Collier Gentleman,
Agent for Nathan Ellison Merchant; setting forth,
"That the said Ellison, the latter End of the last Session
of Parliament, lodged his Appeal in this House, from
several Proceedings in the Chancery of Ireland;
and obtained their Lordships Order for William Stewart to put in his Answer, but has not as yet received
any Proof of the Service of the same;" and praying,
That the said Order may be renewed; that the Appellant may be enabled to make Proof of the Service thereof, in case the former Order should have
miscarried:"
And thereupon the said Jabez Collier being called in;
and examined, upon Oath, at the Bar, touching the
Matters contained in the said Petition:
Appeal revived.
It is Ordered, That the Appellant have Liberty to
make Proof of the Service of the said Order, that a
peremptory Day for answering, may be appointed; but
if such Proof cannot be made, then to serve the said Respondent anew, without Delay; who, in such Case, is
hereby required to put in his Answer to the said Appeal on or before Friday the Fourth Day of March
next.
Representatives of the late L. Tullamore to be Respondents to Mitchell's Appeal.
Upon reading the Petition of William Mitchell of the
City of London Merchant; setting forth, "That, the
last Session, he appealed to this House, from several
Orders of the Court of Chancery in Ireland, in a
Cause wherein the Petitioner was Plaintiff, and Robert Cratge and the Lord Tullamore and others, Creditors of the said Craige, were Defendants; which said
Craige and Creditors have put in their Answers; but
the said Lord Tullamore is since dead intestate, and no
Administration as yet granted to any one; and praying Leave to make the legal Representatives of the
said Lord Tullamore (when known) Parties to the
said Appeal:"
It is Ordered, That the legal Representatives of
the said late Lord Tullamore (when known) may be made
Respondents, as desired; who, upon due Service of this
Order, are hereby required to put in their Answer to
the said Appeal, without Delay.
Boyning versus Boyning:
Upon reading the Petition of John Hamilton Gentleman, Agent for Joseph Boyning Gentleman; setting
forth, "That the said Boyning, the last Day of the last
Session of Parliament, lodged his Appeal in this
House, from several Proceedings in the Chancery of
Ireland; and obtained their Lordships Order for Thomas Boyning to put in his Answer, but has not as yet
received any Proof of the Service of the said Order;"
and praying, "That the same may be renewed; that
the Appellant may be enabled to make Proof of the
Service thereof, in case the former Order should
have miscarried:"
And thereupon the said John Hamilton being called
in; and examined, upon Oath, at the Bar, touching the
Matters contained in the said Petition:
Appeal revived.
It is Ordered, That the Appellant have Liberty to
make Proof of the Service of the said Order, that a
peremptory Day for answering may be appointed; but,
if such Proof cannot be made, then to serve the said
Respondent anew, without Delay; who, in such Case,
is hereby required to put in his Answer to the said Appeal on or before Friday the Fourth Day of March
next.
Berry versus Hunt.
Upon reading the Petition of John Hamilton Gentleman, Agent for William Berry Esquire, to whose Appeal
Edward Hunt Esquire is Respondent; praying, "That
such Day may be appointed, for hearing this Cause,
as the House shall think sufficient, for the Appellant
to attend, and bring over the Papers and Proceedings
therein from Ireland:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the One and
Twentieth Day of February next, at Eleven a Clock.
Napier versus Napier & Ux.
Upon reading the Petition and Appeal of Gabriel
Napier Writer in Edinburgh; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Tenth and Twentieth of November 1722,
the Twenty-fifth and Twenty-eighth of June, the
Twentieth of November, and Thirteenth of December,
1723, and an Interlocutor of the Eleventh of July
1724, made on the Behalf of Peter Napier of Napierstoun and Margaret Young his Wife; and praying, "That
the same may be reversed:"
It is Ordered, That the said Peter Napier and his
Wife may have a Copy of the said Appeal; and shall
and they are hereby required to put in their Answer
thereunto, in Writing, on or before Friday the Twentyfifth Day of February next; and that Service of this
Order upon the Agent, or Procurator, of the Respondents, in the Court of Session in Scotland, be deemed good
Service.
Mr. Ross to enter into a Recognizance for the Appellant.
The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance
for the said Appellant; he residing in Scotland:"
It is Ordered, That the said Alexander Ross may
enter into a Recognizance for the said Appellant, as desired.
Sir Festus Burke's Petition referred to Judges.
Upon reading the Petition of Sir Festus Burke Baronet; praying Leave to bring in a Bill, for Sale of Part
of an Estate, in the County of Gallway, in the Kingdom of Ireland, towards discharging the Debts and Incumbrances affecting the same; and for charging the
Remainder thereof with a Rent-Charge of Five Hundred Pounds per Annum, as and for the Jointure of Dame
Letitia Burke the Petitioner's Wife, according to her
Marriage Agreement; and for settling the rest and
Residue of the said Estate to the Uses, and upon the
Trusts, Intents, and Purposes, in the said Agreement
mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Dormer
and Mr. Baron Price; with the usual Directions, according to the Standing Orders.
Tutt versus Mercer:
Upon reading the Petition and Appeal of John Tutt
Gentleman; complaining of a Decree of the Court of
Exchequer, made the Twenty-second Day of February
1723, in a Cause wherein John Mercer Gentleman was
Plaintiff, and the Petitioner Defendant; and praying,
"That the same may be reversed:"
It is Ordered, That the said John Mercer may
have a Copy of the said Appeal; and shall and he is
hereby required to put in his Answer thereunto, in
Writing, on or before Friday the Eleventh Day of February next.
Mr. Dolliffe to enter into Recognizance for the Appellants.
The House being moved, "That James Dolliffe Esquire may be permitted to enter into a Recognizance
for the said Appellant; he being at a Distance in the
Country:"
It is Ordered, That the said James Dolliffe may
enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
tricesimum primum diem instantis Januarii, hora decima
Auroræ, Dominis sic decernentibus.
DIE Lunæ, 31o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Dunelm.
Epus. Asaphens.
Epus. Roffen.
Epus. Glocestr.
Epus. Norwic.
Epus. Hereford.
Epus. Menevens.
Epus. Landavens. |
Ds. King, Cancellarius.
Comes Findlater. |
Ds. Masham. |
PRAYERS.
Then, in order to the Lords proceeding to the Abbey
Church, Westminster, to solemnize this Day; being appointed by Act of Parliament to be observed as a Day
of Fasting and Humiliation for the Martyrdom of King
Charles the First;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
primum diem Februarii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.