January 1734
Anno 7o Georgii Secundi.
DIE Jovis, 17o Januarii, 1733.
DIE Jovis, 17o Januarii, 1733, Annoque Regni
Serenissimi Domini Nostri Georgii 2di, Dei Gratia,
Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Septimo, in quem Diem hæc Septima Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ
Britanniæ, apud Westmonaster. convenere Domini tam
Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:
REX.
Fredericus Princeps Walliæ.
|
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Eliens.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Lich. & Cov.
Epus. Cicestriens.
Epus. Bangor.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Atholl.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Exeter.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwater.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Hardwicke. |
King present:
His Majesty, being seated on the Throne, adorned
with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales,
in his Robes, fitting in his Place on His Majesty's Right
Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let
the Commons know, "It is His Majesty's Pleasure,
that they attend Him immediately, in this House."
Who being come, with their Speaker; His Majesty
spake as follows:
His Majesty's Speech.
My Lords, and Gentlemen,
"The War which is now begun and carried on against
the Emperor, with so much Vigour, by the united
Powers of France, Spain, and Sardinia, is become the
Object of the Care and Attention of all Europe; and
though I am no Ways engaged in it, and have had
no Part, except by My good Offices, in those Transactions which have been declared to be the principal
Causes and Motives of it, I cannot sit regardless of
the present Events, or be unconcerned for the future Consequences of a War, undertaken and supported by so powerful an Alliance.
"If ever any Occasion required more than ordinary
Prudence and Circumspection, the present calls upon
us to use our utmost Precaution, not to determine
too hastily upon so critical and important a Conjuncture; but to consider thoroughly what the Honour and Dignity of My Crown and Kingdoms, the
true Interest of My People, and the Engagements
we are under to the several Powers we are in Alliance with, may, in Justice and Prudence, require
of us.
"I have therefore thought it proper to take Time
to examine the Facts alledged on both Sides, and to
wait the Result of the Councils of those Powers that
are more nearly and immediately interested in the
Consequences of the War; and to concert with
those Allies who are under the same Engagements
with Me, and have not taken Part in the War (more
particularly The States General of the United Provinces), such Measures as shall be thought most adviseable for our common Safety, and for restoring
the Peace of Europe.
"The Resolutions of the British Parliament, in so
nice a Juncture, are of too great Moment not to be
carefully attended to, and impatiently expected by
all; and not least by those who will hope to take
Advantage from your Determinations, whatever they
shall be, and to turn them to the Prejudice of this
Kingdom. It must therefore be thought most safe
and prudent, thoroughly to weigh and consider all
Circumstances, before we come to a final Determination.
"As I shall have, in all My Considerations upon
this great and important Affair, the strictest Regard
to the Honour of My Crown, and the Good of My
People, and to be governed by no other Views; I
can make no Doubt but that I may entirely depend
on the Support and Assistance of My Parliament,
without exposing Myself, by any precipitate Declarations, to such Inconveniencies as ought, as far as
possible, to be avoided.
"In the mean Time, I am persuaded, you will make
such Provisions, as shall secure My Kingdoms, Rights,
and Possessions, from all Dangers and Insults, and
maintain the Respect due to the British Nation.
Whatever Part it may, in the End, be most reasonable for us to act, it will, in all Views, be necessary, when all Europe is preparing for Arms, to put
ourselves in a proper Posture of Defence. As this
will best preserve the Peace of the Kingdom; so it
will give us a due Weight and Influence in whatever
Measures we shall take, in Conjunction with our Allies: But, should the Defence of the Nation not be
sufficiently provided for, it will make us disregarded
Abroad, and may prove a Temptation and Encouragement to the desperate Views of those who
never fail to flatter themselves with the Hopes
of great Advantages from public Troubles and Disorders.
"Gentlemen of the House of Commons,
"I shall order the Estimates to be laid before you,
of such Services as require your present and immediate Care: The Augmentation which will be proposed for the Sea Service will be very considerable;
but, I am confident, it will be thought by you reasonable and necessary. I must particularly recommend to your Care the Debt of the Navy, which
has every Year been laid before you; but, from the
present Circumstances of the Times, I believe you
will think it now requires some Provision to be made
for it; which cannot well be longer postponed, without manifest Detriment to the Public Service.
"As these extraordinary Charges and Expences are
unavoidable, I make no Doubt but you will effectually raise the Supplies necessary for defraying of
them, with that Readiness and Dispatch, and with
that just Regard to the true Interest of My People,
which this Parliament has hitherto shewn upon all
Occasions.
"My Lords, and Gentlemen,
"It is at all Times to be wished, that the Business
of Parliament might be carried on free from Heats
and Animosities, and with that Temper which becomes the Justice and Wisdom of the Nation: At this
Time it is more particularly to be desired, that this
Session may not be protracted by unnecessary Delays,
when the whole Kingdom seems prepared for the,
Election of a new Parliament; an Event, which employs the Attention of all Europe: And I am very
well pleased that this Opportunity offers, of taking
again the Sense of My People in the Choice of a
new Representative, that the World may see how
much their true Sentiments have been mistaken, or
misrepresented. Those who see and hear only at a
Distance may easily be imposed upon, and from thence
conceive false Hopes or Fears: But, I am confident,
a little Time will effectually remove all groundless
Surmises; and it will be found that Great Britain is
always ready to act that Part which the Honour
and Interest of the Nation calls upon them to undertake."
The Speech being ended; His Majesty was pleased
to withdraw; and the Commons returned to their
House.
PRAYERS.
Certificate of the Election of D. Atholl delivered.
The Deputy Clerk of the Crown in Chancery having
delivered a Certificate of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is
chosen to sit and vote in this House, in the Room of the
Earl of Sutherland, deceased; the same was read, as
follows:
"May it please your Lordships,
"We do hereby certify, That, by virtue of His
Majesty's Proclamation of the Second of August One
Thousand Seven Hundred and Thirty-three, a Certificate under the Hands and Seals of Sir John Dalrymple and Mr. John Murray, Clerks of Session attending the Election aftermentioned, in virtue of the
Lord Register's Commission to them granted, has
been delivered into the Crown-office in Chancery;
whereby it appears, that James Duke of Athol was
unanimously elected and chosen to sit and vote in the
House of Peers in this present Parliament, in the
Room of John Earl of Sutherland deceased.
"Given under our Hands, this Sixteenth Day of
October One Thousand Seven Hundred and
Thirty-three.
"Stephen Bisse
and
Tho's Bray,
Clerk of the Crown."
Lords take then Seats.
Henry Earl of Suffolk sat first in Parliament, after the
Death of his Father Edward Earl of Suffolk:
Also, George Earl of Cardigan sat first in Parliament,
after the Death of his Father George Earl of Cardidigan:
Likewise, Robert Lord Romney sat first in Parliament,
after the Death of his Father Robert Lord Romney:
Their Lordships, together with James Duke of Athol,
having, at the Table, first taken the Oaths, and
made and subscribed the Declaration, and also taken
and subscribed the Oath of Abjuration, pursuant
to the Statutes.
The Lord Chancellor acquainted the House, "That
there were several Lords ready to be introduced."
D. of Marlborough introduced:
Accordingly, Charles Earl of Sunderland, now Duke
of Marlborough (by virtue of an Act of Parliament
passed in the 5th Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for settling of
the Honours and Dignities of John Duke of Marlborough upon his Posterity, and annexing the Honour and Manor of Woodstock and House of Blenheim,
to go along with the said Honours)," was (in his
Robes) introduced, between the Duke of Bedford and
the Duke of Manchester (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms,
the Lord Great Chamberlain, and the Deputy Earl
Marshal of England, preceding:
His Grace presented his Writ of Summons to the
Lord Chancellor, on his Knee, at the Woolsack; who
delivered it to the Clerk; who having, at the Table,
read Part of the said Act of Parliament, the said Writ
of Summons was also read; and is as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender of
the Faith, and so forth: To Our most Dear Cousin
Charles Duke of Marlborough, Greeting. Whereas,
by reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did
lately, with the Advice and Consent of Our Council,
ordain Our present Parliament to be held at Our
City of Westminster, on the Eight and Twentieth
Day of November in the First Year of Our Reign;
and there, with the Prelates, Nobles, and Peers,
of Our said Kingdom, to confer and treat; which
Parliament hath been from that Time, by several
Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of this
Instant January, at Our City aforesaid, to be then
there held and continued: We, strictly enjoining,
command you, under the Faith and Allegiance by
which you are bound to us, that, considering the
Difficulty of the said Affairs, and Dangers impending, all Excuses being laid aside, you be personally
present, at the said Day and Place, with Us, and
with Our Prelates, Nobles, and Peers aforesaid, to
treat of the aforesaid Affairs, and to give your Advice: And this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence
of the said Kingdom and Church, and the Dispatch
of the said Affairs.
"Witness Ourself, at Westminster, the Sixteenth
Day of January, in the Seventh Year of Our
Reign.
"Bisse & Bray."
Which being done; his Grace came to the Table,
and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed
on the upper End of the Earls Bench.
E Graham introduced:
Also, William Earl Graham, claiming by virtue of a
special Limitation contained in a Patent granted to his
late Brother David Earl Graham, bearing Date the 3d
of May in the 8th Year of His late Majesty King George
was (in his Robes) introduced, between the Lord Pre
sident and the Earl of Scarbrough (also in their Robes)
the same Officers preceding as before.
His Lordship presented the said Patent to the Lord
Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the
Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, and so forth: To Our most Dear Cousin William Earl Graham, Greeting. Whereas, by
reason of certain arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, We did
lately, with the Advice and Consent of Our Council,
ordain Our present Parliament to be held at Our City
of Westminster, on the Eight and Twentieth Day of
November, in the First Year of Our Reign; and there,
with the Prelates, Nobles, and Peers of Our said
Kingdom, to confer and treat; which Parliament
hath been from that Time, by several Adjournments
and Prorogations, adjourned and prorogued to and
until the Seventeenth Day of this Instant January, at
Our City aforesaid, to be then there held and continued: We, strictly enjoining, command you, under
the Faith and Allegiance by which you are bound to
Us, that, considering the Difficulty of the said Affairs, and Dangers impending, all Excuses being laid
aside, you be personally present at the said Day and
Place with Us, and with Our Prelates, Nobles, and
Peers aforesaid, to treat of the aforesaid Affairs, and
to give your Advice: And this you may in no wise
omit, as you tender Us and Our Honour, and the
Safety and Defence of the said Kingdom and Church,
and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Fifteenth
Day of January, in the Seventh Year of Our
Reign.
"Bisse & Bray."
Which being done; the said Earl came to the Table,
and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed
in his due Place on the Earls Bench.
L. Hinton introduced:
Likewise, John Poulet of Hinton St. George, in the
County of Somerset, Chevalier, Eldest Son of John Earl
Poulet, having received His Majesty's Writ to summon
him to sit in this present Parliament, was (in his Robes)
introduced, between the Lord Delawarr and the Lord
Monson (also in their Robes); the same Officers preceding.
His Lordship presented his said Writ to the Lord
Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the
Table, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender of
the Faith, and so forth: To Our Right Trusty and
Well-beloved John Poulet, of Hinton St. George, in
Our County of Somerset, Chevalier, Greeting.
Whereas, by reason of certain arduous and urgent
Affairs, concerning Us, and the State and Defence of
Our Kingdom of Great Britain and of the Church,
We did lately, with the Advice and Consent of Our
Council, ordain Our present Parliament to be held, at
Our City of Westminster, on the Eight and Twentieth
Day of November, in the First Year of Our Reign;
and there, with the Prelates, Nobles, and Peers of
Our said Kingdom, to confer and treat; which Parliament hath been, from that Time, by several Adjournments and Prorogations, adjourned and prorogued to and until the Seventeenth Day of this
Instant January, at Our City aforesaid, to be then
there held and continued: We, strictly enjoining,
command you, under the Faith and Allegiance by
which you are bound to Us, that, considering the
Difficulty of the said Affairs and Dangers impending,
all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with
Our Prelates, Nobles, and Peers aforesaid, to treat
of the aforesaid Affairs, and to give your Advice:
And this you may in no wise omit, as you tender Us
and Our Honour, and the Safety and Defence of the
said Kingdom and Church, and the Dispatch of the
said Affairs.
"Witness Ourself, at Westminster, the Sixteenth
Day of January, in the Seventh Year of Our
Reign.
"Bisse & Bray."
Which being done; his Lordship came to the Table,
and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed
on the Barons Bench, in his Father's Barony.
L. Hardwicke introduced:
Also, Sir Philip Yorke Knight (being, by Letters Patent dated the 23d Day of November in the Seventh
Year of the Reign of His present Majesty) created Lord
Hardwicke, in the County of Gloucester, was (in his
Robes) introduced, between the Lord Delawarr and the
Lord Monson (also in their Robes); the same Officers
preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it
to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, and so forth: To Our Right Trusty
and Well-beloved Counsellor Philip Yorke, of Hardwicke, in Our County of Gloucester, Chevalier,
Greeting. Whereas, by reason of certain arduous
and urgent Affairs, concerning Us, and the State and
Defence of Our Kingdom of Great Britain and of
the Church, We did lately, with the Advice and
Consent of Our Council, ordain Our present Parliament to be held, at Our City of Westminster, on the
Eight and Twentieth Day of November, in the First
Year of Our Reign; and there, with the Prelates,
Nobles, and Peers of Our said Kingdom, to confer
and treat; which Parliament hath been, from that
Time, by several Adjournments and Prorogations,
adjourned and prorogued to and until the Seventeenth Day of January now next coming, at Our City
aforesaid, to be then there held and continued: We,
strictly enjoining, command you, under the Faith
and Allegiance by which you are bound to U3, that,
considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be
personally present at the said Day and Place, with
Us, and with Our Prelates, Nobles, and Peers aforesaid, to treat of the aforesaid Affairs, and to give
your Advice And this you may in no wise omit, as
you tender Us and Our Honour, and the Safety and
Defence of the said Kingdom and Church, and the
Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Twentieth
Day of December, in the Seventh Year of Our
Reign.
"Bisse & Bray."
Which being done; his Lordship, at the Table,
took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on
the lower End of the Barons Bench.
L. Chancellor Talbot introduced.
The Lord President acquainted the House, "That
His Majesty had been pleased to create Charles Talbot
Esquire, Lord Chancellor of Great Britain, a Peer
of this Realm."
Whereupon his Lordship, taking in his Hand the
Purse with the Great Seal, retired to the lower End of
the House; and, having there put on his Robes, was
introduced, between the Lord Harrington and the Lord
Delawarr (also in their Robes); the same Officers preceding as before.
His Lordship laid down his Patent upon the Chair of
State, kneeling; and from thence took and delivered it
to the Clerk, who read the same at the Table; which
bears Date the 15th of December, in the Seventh Year
of His present Majesty; whereby is granted to his Lordship the Style and Title of Lord Talbot, Baron of Hensell, in the County of Glamorgan.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender of
the Faith, and so forth: To Our Right Trusty and
Well-beloved Counsellor Charles Talbot, of Hensell, in
Our County of Glamorgan, Chevalier, Greeting.
Whereas, by reason of certain arduous and urgent
Affairs, concerning Us, and the State and Defence of
Our Kingdom of Great Britain and of the Church;
We did lately, with the Advice and Consent of Our
Council, ordain our present Parliament to be held,
at Our City of Westminster, on the Eight and Twentieth Day of November, in the First Year of Our
Reign; and there, with the Prelates, Nobles, and
Peers of Our said Kingdom, to confer and treat;
which Parliament hath been, from that Time, by several Adjournments and Prorogations, adjourned and
prorogued to and until the Seventeenth Day of January now next coming, at Our City aforesaid, to be
then there held and continued; We, strictly enjoining, command you, under the Faith and Allegiance
by which you are bound to us, that, considering the
Difficulty of the said Affairs and Dangers impending,
all Excuses being laid aside, you be personally present at the said Day and Place, with Us, and with
Our Prelates, Nobles, and Peers aforesaid, to treat
of the aforesaid Affairs, and to give your Advice:
And this you may in no wise omit, as you tender Us
and Our Honour, and the Safety and Defence of the
said Kingdom and Church, and the Dispatch of the
said Affairs.
"Witness Ourself, at Westminster, the Twentieth
Day of December, in the Seventh Year of
Our Reign.
"Bisse & Bray."
Then his Lordship, at the Table, took the Oaths,
and made and subscribed the Declaration, and also took
and subscribed the Oath of Abjuration, pursuant to the
Statutes:
Which done, he took his Place on the lower End
of the Barons Bench; from whence he went to the
upper End of the Earls Bench, and fat there as Lord
Chancellor; and then returned to the Woolsack.
Poor's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act
to prevent the Poor's being defrauded."
The Lord Chancellor reported His Majesty's Speech.
And the same being afterwards read, by the Clerk:
Order for Address.
Ordered, That an humble Address be presented
to His Majesty, "To return the Thanks of this House,
for His most Gracious Speech from the Throne: To
assure His Majesty how sensible we are of His Concern for the War unhappily begun in Europe; and
how requisite the utmost Caution and Prudence must
be, for a Determination in this important Conjuncture: To express the Satisfaction of this House, in
hearing His Majesty's Resolution to weigh all Circumstances, before this Nation take any Part in so
nice and dangerous an Occurrence; and to assure
Him of the thorough Conviction this House has received, from the whole Series of His Reign, that
there are no Difficulties to which His Majesty's Wisdom and Prudence are not equal: That whatever
Hopes may be conceived, by the Enemies to His Majesty's Government, of Advantages to be drawn from
the Determination of Parliament, that we make no
Doubt but the Zeal and Vigour shewn by this House,
in Support of His Majesty and His Measures, shall
effectually destroy all such Expectation: That nothing
shall be wanting, on our Part, to put the Nation in
such a Posture of Defence, as shall effectually protect
it from all Insults and Dangers: And that this House,
with a due Regard to His Majesty's Recommendation,
and to the Dignity of their own Proceedings, will
avoid, as far as possible, all Heats and Animosities,
that no Impediments may arise to the Dispatch of
Public Business, nor any unnecessary Delays protract
the Session, or postpone the just Pleasure His Majesty proposes to Himself in taking again the Sense
of His People in a new Representative."
Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the said
Order; (videlicet,)
|
Ld. President.
D. Newcastle.
D. Manchester.
E. Scarbrough.
E. Strafford.
E. Tankerville.
E. Effingham. |
Ld. Delawarr.
L. Hervey.
L. Bathurst.
L. Onslow.
L. Cadogan. |
Their Lordships, or any Five of them; to meet
immediately, in the Prince's Lodgings near
the House of Peers; and to adjourn as they
please.
The House was adjourned during Pleasure; and the
Committee withdrew, to draw the Address.
After some Time, the House was resumed.
And the Lord Hervey reported from the said Commitee, an Address drawn by them, as follows:
Address of Thanks on His Majesty's Speech.
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave, in the humblest Manner,
to return Your Majesty our grateful and sincere
Thanks, for Your most Gracious Speech from the
Throne.
"Your Majesty has given too many Proofs of Your
good Offices and Endeavours to preserve the Public
Peace and Tranquillity, for us not to be thoroughly
persuaded that Your Majesty cannot regardless and
unconcerned behold a War now unhappily begun in
Europe, undertaken by so powerful an Alliance, and
prosecuted with so much Vigour.
"And as no Occasion can require more Caution,
more Wisdom, and more Circumspection, than the
present, to dictate what Part is the most proper for
Great Britain to act; so we have the fullest Satisfaction in reflecting in whose Breast it lies to make that
Determination for us.
"And as Your Majesty has avoided coming to any
final Determination, till all Engagements by which
You are bound to the several Powers concerned are
duly examined, till all Facts are fully and fairly
stated, and till the Result of the Councils of other
Powers in the same Situation with Your Majesty
are known; so we cannot but look on this prudent
Suspense of Your Resolutions as an Earnest of our
Safety in Your Majesty's Councils; not doubting
but the same Wisdom which prompted Your Majesty to delay Your Determination will also direct
Your Choice, whenever you shall come to make
it.
"The whole Series of Your Majesty's Transactions,
during Your most glorious and happy Reign, has
convinced us that there is no Task to which You are
unequal, nor any Difficulties you cannot surmount:
We therefore beg Leave to assure Your Majesty, not
only of our Gratitude for Your past, but our Reliance
on Your future Care; and intreat Your Majesty to
believe, that it is as impossible for us, who are benefited by the Merit of that Conduct, not to do every
Thing in our Power to deserve it, as it is even for
those who wish it less not to allow it.
"Whatever Expectations, therefore, those who are
envious of the Prosperity, jealous of the Honour,
or Rivals to the Interest, of the British Nation, may
conceive, from the Result of our Deliberations in
Parliament; yet, when all Europe shall fee that
every new Opportunity we have of declaring our
Sentiments is a new Proof of the Harmony subsisting between Your Majesty and Your Subjects, and of
the Confidence they place in You, we doubt not but
that all Hopes of Advantage to be taken from what
shall pass amongst us will be immediately dispelled;
and that the Zeal, Vigour, and Unanimity, that shall
appear amongst us, will not only double the Assi
duity of those who court Your Majesty's Friendship,
but the Apprehensions of those (if any such there
are) who may provoke Your Resentment.
"And, because the surest Way, in these general
Troubles and Commotions, to prevent any Design
being formed to molest or annoy Your Majesty's
Dominions, is to shew how unsuccessful such a Design must prove; nothing shall be wanting, on our
Part, that may conduce to the strengthening Your
Majesty's Hands, and putting the Nation, at this
critical and important Juncture, in such a Posture of Defence, as shall effectually protect its
Honour from any Insult, its Safety from any Danger, and its Tranquillity from any Attempt to disturb
it.
"We beg Leave also to assure Your Majesty, that
the strict and due Regard we always pay to Your
Royal Recommendation, as well as a proper Concern for the Support of our own Characters and
Dignity, will certainly make us avoid, with the utmost Caution, all Heats and Animosities in our Debates; that we may shew, with a becoming Unanimity, our Duty to Your Majesty, our Care of the
Public Welfare, and our Regard to the Interests
and Liberties of the People: We will also prevent,
as far as in us lies, any improper Delays, retarding the Dispatch of Public Business, or protracting the Sessions into any unnecessary Length,
that Your Majesty may not have the just Pleasure
You propose to Yourself, in taking again the Sense
of the Nation in a new Representative, postponed;
but that You may receive the earliest Demonstrations of the Good-will of Your People, and have
the Satisfaction to see they are as capable of gratefully feeling that Happiness they enjoy under Your
Majesty's just and wise Government, as You are
ready and willing to confer it."
Which Address, being read by the Clerk, was agreed
to by the House.
Ordered, That the said Address be presented to
His Majesty by the whole House.
Ordered, That the Lords with White Staves do
wait on His Majesty, humbly to know what Time He
will be pleased to appoint, to be attended therewith.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of the House, and the Privileges
of Parliament, and of the Peers of Great Britain
and Lords of Parliament.
|
Ld. Chancellor.
L. President.
L. Privy Seal.
L. Steward.
L. Chamberlain.
D. Richmond.
D. St. Albans.
D. Bolton.
D. Bedford.
D. Marlborough.
D. Rutland.
D. Montagu.
D. Athol.
D. Montrose.
D. Kent.
D. Ancaster, Ld. Great Chamberlain.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Suffolk.
E. Exeter.
E. Warwick.
E. Westmorland.
E. Winchilsea.
E. Chesterfield.
E. Thanet.
E. Cardigan.
E. Burlington.
E. Litchfield.
E. Scarbrough.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Jersey.
E. Grantham.
E. Godolphin.
E. Cholmondeley.
E. Craufurd.
E. Morton.
E. Buchan.
E. Selkirk.
E. Dunmore.
E. Orkney.
E. Marchmont.
E. Stair.
E. Ilay.
E. Strafford.
E. Tankerville.
E. Aylesford.
E. Halifax.
E. Cowper.
E. Macclesfield.
E. Pomfret.
E. Graham.
E. Ker.
E. Fitzwater.
E. Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
L. Bp. London.
L. Bp. Durham.
L. Bp. Winton.
L. Bp. Oxford.
L. Bp. Sarum.
L. Bp. Ely.
L. Bp. Lincoln.
L. Bp. Rochester.
L. Bp. Carlisle.
L. Bp. Lich. & Cov.
L. Bp. Chichester.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. St. Davids.
L. Bp. Norwich.
L. Bp. Bristol. |
Ld. Harrington.
L. Abergavenny.
L. Percy.
L. Delawarr.
L. Willoughby Br.
L. Hunsdon.
L. Lovelace.
L. Hinton.
L. Maynard.
L. Bruce.
L. (fn. 1) Byron.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Guilford.
L. Weston.
L. Haversham.
L. Gower.
L. Hervey.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Walpole.
L. Hobart.
L. Monson.
L. Malton.
L. Hardwicke. |
Their Lordships, or any Seven of them; to meet
on Monday next, at Ten of the Clock in the Forenoon, in the House of Peers, and every Monday
after; and to adjourn from Time to Time, as they
please.
Committee for the Journal.
Lords Sub-committees appointed to consider of the
Orders and Customs of the House, and Privileges
of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of
this and former Sessions of Parliament.
|
Ld. President.
D. Bedford.
D. Marlborough.
D. Kent.
D. Newcastle.
D. Greenwich.
D. Bridgewater.
M. Tweeddale.
E. Warwick.
E. Westmorland.
E. Scarbrough.
E. Coventry.
E. Cholmondeley.
E. Marchmont.
E. Ilay.
E. Strafford.
E. Macclesfield.
E. Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
L. Bp. London.
L. Bp. Oxford.
L. Bp. Carlisle.
L. Bp. Carlisle.
L. Bp. Bangor.
L. Bp. Landaff.
L. Bp. Bristol. |
Ld. Delawarr.
L. Bruce.
L. Carteret.
L. Haversham.
L. Boyle.
L. Foley.
L. Bathurst.
L. Onslow.
L. Hardwicke. |
Their Lordships, or any Three of them; to meet
when, where, and as often as, they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, "That there is such an
Interruption, by Hackney Coaches, Carts, and Drays,
in King's Street, and the Passages to The Old Palace
Yard, in Westminster, that the Lords and others are
frequently hindered from coming to this House, to
the great Inconveniency of the Members of both
Houses:"
It is thereupon Ordered, by the Lords Spiritual
and Temporal in Parliament assembled, That the High
Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City,
shall, by their Care and Directions to the Constables
and other Officers within the said Limits, take special
Order, that no empty Hackney Coaches be suffered to
make any Stay, between Whitchall and The Old Palace
Yard in Westminster, from Eleven of the Clock in the
Forenoon until Five of the Clock in the Afternoon of
the same Day, during the Sitting of this Parliament;
and that no Carriages, Drays, or Carts, be permitted to
pass through the said Streets and Passages, between the
Hours aforesaid, during the Sitting of Parliament: And
herein special Care is to be taken, by the said Deputy
Steward, Justices of the Peace, Constables, and all other
Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered,
That the High Bailiff of the City of Westminster, and
the Justices of the Peace for the said City and Liberty
thereof, or some of them, residing in Westminster, be
served with the Order of this House made this Day,
for the Purposes aforesaid.
Cause days appointed.
Ordered, That Mondays, Wednesdays, and Fridays,
be appointed Days for the Hearing of Causes.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris,
decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 18o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Landav.
Epus. Menevens.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Athol.
March. Tweeddale.
Comes Suffolk.
Comes Berks.
Comes Cardigan.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Strafford.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Romney.
Ds. Hardwicke. |
PRAYERS.
Sir R. Austen against Sir John Leigh.
The Answer of Sir John Leigh Knight, to the Appeal
of Sir Robert Austen Baronet and others, was brought
in.
His Majesty to be attended with the Address.
The Lord Steward acquainted the House, "That
the Lords with White Staves had (according to
Order) waited on His Majesty, humbly to know what
Time He would be pleased to appoint to be attended
by this House, with their Address; and that His Majesty had been pleased to appoint this Day, at Two
a Clock, at His Palace of St. James's."
D. Rutland & al. Petition for a Bill to enclose Wollesthorp Commons.
Upon reading the Petition of John Duke of Rutland,
Lord of the Manor, and Patron of the Church, of Wollesthorp, in the County of Lincoln, and Derham Hudlestone Clerk, Rector of the Church of Wollesthorp aforesaid, Roger Goodson Roper, John Clark Yeoman, and
Elizabeth Hickling Widow; praying Leave to bring in
a Bill, to enclose and divide certain Common Fields,
called The Clay Fields, within the said Manor and
Parish:
It is Ordered, That Leave be given to bring in a
Bill, according to the Prayer of the said Petition.
Griel against Gansell.
Upon reading the Petition and Appeal of Susanna
Griel Spinster; complaining of a Decree of the Court
of Chancery, of the 31st of October and 3d of November 1732, made in a Cause wherein the Appellant was
Plaintiff, and David Gansell Esquire Defendant; and
praying, "That the same may be varied in the Particulars complained of; and that the said David Gansell
may be directed to re-transfer £ 2225 Orphan Stock,
£. 2000 Bank Stock, £. 1000 South Sea Annuities,
and £. 940 South Sea Stock, to the Appellant; and
accompt for the Dividends thereof, deducting what
the Appellant has received, pursuant to the Order of
the said Court, the 28th of November 1730, on the
Appellant's delivering up the Bond given her by
the Respondent, for the Payment of an Annuity to her
for Life:"
It is Ordered, That the said David Gansell may
have a Copy of the said Appeal; and he is hereby re
quired to put in his Answer thereunto, in Writing, on
or before Friday the First Day of February next.
Hephurne Rickart against E. Hoptoun.
Upon reading the Petition and Appeal of James Hepburne Rickart, of Keith, Esquire; complaining of Two
Interlocutory Sentences, or Decrees, of the Lords of
Session in Scotland, of the 15th and 17th of February
1732, made on the Behalf of Charles Earl of Hoptoun;
and praying, "That the same may be reversed:"
It is Ordered, That the said Earl of Hoptoun may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Friday the 15th Day of February next; and
that Service of this Order upon the Agents or Procurators of the said Earl in the Court below be deemed
good Service.
Murray & al. against Charters.
Upon reading the Petition and Appeal of Mr.
Archibald Murray Advocate, Mr. James Baillie and
James Armour Writers to the Signet, and William
Robertson Writer in Edinburgh, Trustees of John Lowis
of Merchiston, his Creditors; complaining of an Interlocutory of the Lords of Session in Scotland, of the
15th of November 1732, and the 1st Part of an Interlocutory of the 11th of January 1732/33, whereby the said
Lords adhered to that Part of their former Interlocutor
finding the Documents produced for instructing Usury
not relevant; and of Two other Interlocutories, of the
21st of February and 6th of July last, made on the Behalf of Francis Charteris Esquire, and his Guardians;
and praying, "That the same may be reversed:"
It is Ordered, That the said Francis Charteris may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Friday the 15th Day of February next; and
that Service of this Order upon the Respondent's Agents
or Procurators in the Court below be deemed good
Service.
Halket & al. against Sir George Wardlaw.
Upon reading the Petition and Appeal of Captain
Peter Halket of Pitfirran Esquire, Assignee of Janet,
Elizabeth, and Mary Wardlaw, Daughters and only
surviving Children of Sir Henry Wardlaw of Pitreavie
Baronet, deceased; complaining of an Interlocutory
Sentence, or Decree, of the Lords of Session in Scotland,
of the 27th of November last, made on the Behalf of
Sir George Wardlaw; and praying, "That the same
may be reversed; and that the Interlocutors of the
3d of January 1733 and 13th of February last may
be affirmed:"
It is Ordered, That the said Sir George Wardlaw
may have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing, on
or before Friday the 15th Day of February next; and
that Service of this Order upon the Agent or Procurator of the said Respondent in the Court below be
deemed good Service.
Colmore & al. Petition referred to Judges.
Upon reading the Petition of Thomas Colmore of
London Merchant and Anne his Wise, Isaac Milner of
London Merchant, Godfrey Milner of London Gentleman, and Anne Colmore Widow, and Edmund Colmore
Doctor of Laws, Executor of Charles Colmore deceased;
praying Leave to bring in a Bill, for completing and
carrying into Execution certain Articles of Agreement
in the Petition mentioned, in order for the Sale or
Mortgage of certain Estates, in the Counties of Warwick and Salop, belonging to the Petitioner Thomas
Colmore, for Payment of his Debts, and other Purposes
in the Petition expressed:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice Denton
and Mr. Baron Comyns; who are forthwith to summon
all Parties concerned in the Bill; and, after hearing
them, to report to the House the State of the Case,
with their Opinion thereupon, under their Hands; and
whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and
also that the Judges, having perused the Bill, do sign
the same.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
vicesimum secundum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 22o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Oxon.
Epus. Lincoln.
Epus. Roffen.
2. Epus. Lich. & Cov.
1. Epus. Carliol.
Epus. Bangor.
Epus. Menevens.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Cardigan.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Malton.
Ds. Hardwicke. |
PRAYERS.
King's Answer to the Address:
The Lord Chancellor reported, "That the House
did, on Friday last, present to His Majesty their humble Address; to which His Majesty was pleased to
return this Gracious Answer; (videlicet,)
"My Lords,
"I thank you for this dutiful and loyal Address:
The Satisfaction you express, in My constant Attention and Endeavours for preserving the public Peace
and Tranquillity, and promoting the Interests of
My People, is extremely acceptable to Me: And as
the Honour and Dignity of My Crown, and the
Good of My Kingdoms, are My sole View; you may
be assured of the Continuance of My Care and
Vigilance for those desirable Ends, and of My firm
Resolution, in all Events, to take such Measures as
may best answer the Confidence you repose in Me,
and secure the Safety and Happiness of the Nation."
Address and Answer to be printed.
Ordered, That the said Address, and His Majesty's
most Gracious Answer thereunto, be forthwith printed
and published.
Accounts of East India Goods and Naval Stores delivered.
The House being informed, "That some of the
Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, pursuant to certain Acts of Parliament,
"Accounts of prohibited East India Goods, and Naval
Stores imported from Russia."
And then they withdrew.
And the Titles of the said Accounts were read, by
the Clerk, as follow:
"The Return of the Commissioners of the Customs,
to the Right Honourable the Lords Spiritual
and Temporal, with the Accounts of prohibited East India Goods, and Naval Stores
imported from Russia, from Michaelmas 1732,
to Michaelmas 1733.
"No 1. An Account of prohibited East India Goods
remaining in Warehouses at St. Hellen's at Michaelmas 1732; with what has been brought in since that
Time, what exported, as also what remained at
Michaelmas 1733."
"No 2. An Account of prohibited East India Goods
remaining in Warehouses at Leadenhall at Michaelmas 1732; with what has been brought in since that
Time, what exported, as also what remained at
Michaelmas 1733."
"No 3. An Account of prohibited East India Goods
remaining in His Majesty's Warehouse in the Port
of London at Michaelmas 1732; with what has been
brought in since that Time, what exported, as also
what remained at Michaelmas 1733."
"No 4. An Account of prohibited East India Goods
remaining in the respective Warehouses in the Outports, at Michaelmas 1732; with what has been
brought in since that Time, what exported, as also
what remained at Michaelmas 1733."
"No 5. An Account of Naval Stores imported from
Russia into the Port of London, from Michaelmas
1732, to Michaelmas 1733."
"No 6. An Account of Naval Stores imported from
Russia into the Ports commonly called the Out Ports,
from Michaelmas 1732, to Michaelmas 1733."
Ordered, That the said Accounts do lie upon the
Table, for the Perusal of the Lords.
Accompt of Money paid for Interest or Navy Bills, delivered;
The House being informed, "That some of the
Commissioners of the Navy attended:"
They were called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty, of
the 13th of June last,
"An Accompt of the Money which has been paid
for Interest on Navy Bills, from Michaelmas 1723,
to Christmas 1732; distinguishing the Money paid
each Year, together with the Amount of the Sum in
Navy Bills running at Interest at Christmas 1732."
And then they were directed to withdraw.
And the Title thereof being read, by the Clerk:
Ordered, That the said Accompt do lie upon the
Table.
and on Vietualing Bills.
The House being informed, "That some of the
Commissioners of the Victualing-office attended:"
They were called in; and delivered, at the Bar, pursuant to an Address of this House to His Majesty of
the 13th of June last,
"An Accompt of the Money which has been paid
for Interest on Victualing Bills, from Michaelmas
1723, to Christmas 1732; distinguishing the Money
paid each Year, together with the Amount of the
Sum in Victualing Bills running at Interest at Christmas 1732."
And then they withdrew.
And the Title of the said Accompt being read, by
the Clerk:
Ordered, That the same do lie on the Table.
Vernon & al. against The City of Dublin.
The House being moved, "That Monday the 4th
Day of February next may be appointed, for hearing
the Cause wherein John Vernon Esquire and others
are Appellants, and the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and
Humphry French Alderman, Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the said 4th
Day of February next, as desired.
Austen against Flack.
The like Motion and Order, for hearing the Cause
wherein Thomas Austen Gentleman is Appellant, and
Anne Flack, Widow and Executrix of James Flack
Merchant, deceased, Respondent, on Wednesday the 20th
Day of February next.
Green against Poole.
The like Motion and Order, for hearing the Cause
wherein Charles Green Gentleman is Appellant, and
Elizabeth Poole, Executrix of Sir John Delavall Baronet,
deceased, Respondent, on Friday the 1st Day of February next.
E. of Uxbridge, Privilege, Complaint against Hubbard, concerning Hillingdon River.
Complaint was made to the House, of a Breach of
Privilege, against the Earl of Uxbridge, by one John
Hubbard, a Miller, in causing Part of a River called
Hillingdon River, which runs to Drayton, to be deepened
and also stopping a Hull, or Trunk; whereby the said
Earl and his Tenants have lately been deprived of Water from the said River, which, for divers Years before,
they constantly enjoyed.
And thereupon Oath being made, at the Bar, in relation to the Matter complained of:
It is Ordered, That the Matter of the said Complaint be, and is hereby, referred to the Lords Committees for Privileges.
E. Broadalbane against Menzies & al.
Upon reading the Petition and Appeal of John Earl
of Broadalbane; complaining of Two Interlocutors of
the Lords of Session in Scotland, of the 20th and 23d
of November last, made on the Behalf of James Menzies of Culdare and Angus McDonald of Kenknock; and
praying, "That the same may be reversed:"
It is Ordered, That the said James Menzies and
Angus McDonald may have a Copy of the said Appeal;
and they are hereby required to put in their Answer or
respective Answers thereunto, in Writing, on or before
Tuesday the 19th Day of February next; and that
Service of this Order on the said Respondents Agents
or Procurators in the said Court of Session be deemed
good Service.
Rathborne against Byrne & al.
Upon reading the Petition and Appeal of John
Rathborne Merchant; complaining of several Orders
and Decrees of the Court of Chancery in Ireland, of
the 19th of November 1730, the 2d of December and
3d of March 1731, the 17th of June and 15th of
November 1732, made in a Cause wherein John Byrne,
and Mary Byrne and Elizabeth Byrne, Daughters of the
said John Byrne, and Thomas and William Byrne, Sons of
the said John, Minors under the Age of Twenty-one
Years, by their said Father and prochein Amie, were
Plaintiffs, and the Appellant and others Defendants;
and praying, "That the same may be reversed and set
aside, and the Appellant relieved:"
It is Ordered, That the said John Byrne the Father,
and the said Mary, Elizabeth, Thomas, and William
Byrne, may have a Copy of the said Appeal; and they
are hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Tuesday the
26th Day of February next; and that Service of this
Order upon the Clerk of the said Respondents in the
Court of Chancery in Ireland be deemed good Service.
D. Argyll against Hamiltons & al.
The House being moved, on the Behalf of Isabella,
Elizabeth, and Anne Hamilton, and Sir William Gordon
Baronet, Respondents to the Appeal of John Duke of
Argyll and Greenwich, "That Monday the 22d Day of
April next may be appointed, for hearing the Cause,
in regard the same was appointed to be heard last
Session; but, the Parties having submitted it to Arbitration, the said Cause came not to an Hearing:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the said 22d
of April next, as desired.
Wollesthorp Common Enclosure, Bill.
The Lord Steward (pursuant to the Order of Friday
last) presented to the House a Bill, intituled, "An Act
for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the
Common Fields of Wollesthorpe, near Belvoir Castle,
in the County of Lincoln."
And the same was read the First Time.
D. Roxburgh against Wauchop.
A Petition of John Duke of Roxburgh, was presented
to the House, and read; setting forth, "That, by Order
of the last Session of Parliament, the further hearing
the Petitioner's Appeal was put off to the Second
Thursday in this Session;" and praying, "In regard
the Counsel employed by him are necessarily detained
in Scotland, that the said Hearing may be put off
till Thursday the 28th Day of February next."
And the Agents on both Sides being called in;
and the Respondent's Agent consenting to the Prayer
of the Petition; they were directed to withdraw.
And being withdrawn:
It is Ordered, That the further Hearing of the said
Appeal be put off to Thursday the 28th of February
next, as desired.
Bp. of Bangor to preach the 30th Instant.
Ordered, That the Lord Bishop of Bangor be, and
he is hereby, desired to preach before this House, at
the Abbey Church, Westminster, on Wednesday the 30th
Day of this Instant January.
Jackson against Francia.
Upon reading the Petition and Appeal of Cuthbert
Jackson, Executor of Francis Francia deceased, who
was Son and surviving Executor of Domingo Francia
deceased; complaining of so much of an Order made
by the Court of Chancery, the 16th of October 1731,
as relates to the Matter of the Appellant's First Exception taken to the Master's Report; and praying,
That the same may be reversed; and that the said
First Exception may be allowed, and such Order
made for the Appellant's Relief as the Nature of
his Case requires:"
It is Ordered, That Moses Francia, surviving Executor of Peter Francia, may have a Copy of the said
Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the
5th Day of February next.
Sommers against Goswill, et è contra.
The House being moved, "That a Day may be
appointed, for hearing the Causes wherein Nicholas
Sommers of the City of Exeter Merchant is Appellant, and Dorothy Goswill Widow Respondent, et è
contra:"
It is Ordered, That this House will hear the said
Causes, by Counsel, at the Bar, on Wednesday the Sixth
Day of February next.
Petitions for Private Bills, Time limited.
Ordered, That no Petition for a Private Bill shall
be received, after the last Day of February next, during
this Session of Parliament.
Marchioness Annandale against Marq. Annandale & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charlotta
Marchioness of Annandale and Sir James Johnstone
Baronet are Appellants, and George Marquis of Annandale her Son, an Infant, by John Lord Vane of
the Kingdom of Ireland his Guardian, Charles Earl
of Hoptoun, Henrietta Countess of Hoptoun, and John
Lord Hope, are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Monday the 25th
Day of February next.
Address for an Accompt of the Debt of the Navy, and other Matters.
Ordered, That an humble Address be presented
to His Majesty, "That He will be graciously pleased
to order the proper Officers to lay before this House,
an Accompt of the Debt of the Navy, as it stood
at Christmas 1720, and as it stood at Christmas 1733;
with an Accompt of what Sums of Money have been
given towards the Payment of the said Debt, from
Christmas 1720, to Christmas 1733."
Also, "That the proper Officers do lay before this
House, an Account of the Number of Seamen employed in the Service of the Royal Navy, from the
31st December 1720, to the 31st December 1733;
distinguishing the particular Numbers employed in
each Year respectively; and distinguishing what
Numbers were borne, and what mustered, in the said
Service; and the Saving or Exceeding arising each
Year, by a lesser or greater Number of Men having
been employed than were granted by Parliament."
Also, "An Account of the Condition of the Fleet,
as it stood in the Year 1721; distinguishing what
Ships were in good Repair, what wanted a middle
Repair, and what wanted a thorough Repair or Rebuilding; with the same as it now stands."
Also, "An Account of the Quantity of Stores, from
the Monthly Returns of the several Species, as it
stood at Christmas 1721, 1727, and 1733; distinguishing each Period of Time."
Also, "A List of the Sea Officers upon the Halfpay, with an Accompt of what Sum the same
amounted to for Three Years last past; distinguishing
each Year."
Also, "A List of Captains, Masters, Commanders,
and Lieutenants, made from June 1720, to this present Time; distinguishing the Times when they
were appointed, by whom made, and where."
Also, "An Account of such Officers as have desired Leave to quit the Service, after they were appointed to their respective Ships; setting forth the
Time each Officer served on board the Ship he
quitted, and where he quitted, from the Year 1720,
to this Time."
Also, "An Accompt of old Stores and damaged
Provisions sold, from Christmas 1720, to Christmas
1733; distinguishing each Year, and shewing how
the same has been applied, and by what Authority."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 23o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Cicestriens.
Epus. Bangor.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea & Nott.
Comes Thanet.
Comes Shaftesbury.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Macclesfield.
Comes Pomfret.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Falmouth. |
Ds. Harrington, Unu Primariorum Secretariorum.
Ds. Delawarr.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Malton. |
PRAYERS.
Representation of the Board of Trade, concerning the American Colonies.
The Earl of Westmorland presented to the House,
a Book, intituled, "Representation of the Commissioners for Trade and Plantations, to the Right
Honourable the Lords Spiritual and Temporal in
Parliament assembled, in Obedience to His Majesty's Commands, pursuant to their Lordships Address to His Majesty of the 13th of June last,
for an Account of the Laws made, Manufactures
set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which
may have affected the Trade, Navigation, and Manufactures, of this Kingdom.
And the Title thereof being read:
Ordered, That the said Representation do lie on
the Table.
Respondents to Knap's Appeal, ordered to answer.
Upon reading the Petition of Warner Knap and
Elizabeth his Wife; praying, "In regard Two of
the Respondents to the Petitioners Appeal, (videlicet,) Thomas Pembroke and Sarah his Wife, have
not answered the said Appeal; that they may be required to put in their Answer thereunto, at such
Time as this House shall please to appoint:"
It is Ordered, That the said Thomas Pembroke and
Sarah his Wife do put in their Answer to the said
Appeal, on or before Wednesday the 27th Day of
February next.
King's Answer to the Address for Accompt of Navy Debts, &c.
The Lord Steward acquainted the House, "That
the Lords with White Staves had (according to
Order) presented to His Majesty the Address of this
House Yesterday; and that His Majesty was pleased
to say, "He would give Order to the proper Officers,
that the Particulars mentioned in the said Address
should be laid before this House."
Lewis against Turner & al.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Percival
Lewis is Appellant, and Elias Turner, Jacob Sawbridge, and others, are Respondents:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Wollesthorp Commons Enclosure, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
confirming the Enclosure, Division, and Exchanges,
of several Lands and Grounds, lying in the Common
Fields of Wollesthorpe, near Belvoir Castle, in the
County of Lincoln."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
D. Rutland.
D. Manchester.
M. Tweeddale.
E. Northampton.
E. Winchilsea.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Marchmont.
E. Ilay.
E. Strafford.
Viscount Falmouth. |
L. Bp. London.
L. Bp. Lincoln.
L. Bp. Bangor.
L. Bp. Bristol. |
Ld. Delawarr.
L. Carteret.
L. Foley.
L. Bathurst.
L. Malton. |
Their Lordships, or any Five of them; to meet
on Thursday the 7th Day of February next, at
Ten a Clock in the Forenoon, in the Prince's
Lodgings near the House of Peers; and to
adjourn as they please.
L. Glenorchy to enter into Recognizance for E. Broadalbane.
The House being moved, "That John Lord Glenorchy may be permitted to enter into Recognizance
for John Earl of Broadalbane, on account of his
Appeal depending in this House; he being in Scotland:"
It is Ordered, That the said Lord Glenorchy may
enter into a Recognizance for the said Appellant, as
desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 25o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliolens.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
2. Comes Warrington.
1. Comes Scarbrough.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Halifax.
2. Comes Macclesfield.
1. Comes Cowper.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Lynne.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Malton.
Ds. Hardwicke. |
PRAYERS.
Sir Robert Austen & al. against Sir John Leigh.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Sir Robert
Austen Baronet and Peter Burrell Esquire, (Executors
and Trustees of Sir Samuel Lennard Baronet, deceased,) Mary Johnson, Samuel Lennard and Thomas
Lennard, Infants, by the said Mary Johnson their
Guardian, are Appellants, and Sir John Leigh Knight
is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
D. Roxburgh against Kerr & Ux.
The like Motion and Order, for hearing the Cause
wherein John Duke of Roxburghe is Appellant, and
Cbristian Kerr and Charles Kerr her Husband are Respondents, on the next vacant Day for Causes.
D. Hamilton against Manby & al.
The House was informed, "That the Appeal of
the Dutchess of Hamilton was amended, pursuant
to an Order of this House in the last Session of
Parliament."
Appeal received.
And it being thereupon moved, "That the same
might be received:"
The said Appeal was read; complaining of an Order
made by the late Lord Chancellor, the 15th of March
last, dismissing a Petition for re-hearing a Cause in
the Court of Chancery; and praying, "That the
same may be reversed:"
It is Ordered, That Edward Manby, Thomas Vaudry
and Jane his Wife (Widow and Executrix of Richard
Vernon), may have a Copy of the said Appeal; and they
are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Friday the 8th Day of February next.
Respondents to Rowley's Appeal to answer.
The House was informed, "That Hugh McLorinan
Gentleman, Edward Brice, John Upton, Thomas
McLorinan, and Thomas Hamersley, had not answered the Appeal of William Rowley and Arabella his
Wife, though required by an Order of the 2d of
June last so to do."
And it being thereupon moved, "That an Order
be now made for that Purpose:"
It is Ordered, That the said Respondents do put
in their Answer or respective Answers to the said Appeal, in Writing, on or before Friday the First Day of
March next.
Anderson against Anderson.
The House being moved, "That a Day may be
appointed, for hearing the Cause wherein Mr.
Thomas Anderson the Elder, an Idiot, by William
Chatto, Writer in Edinburgh, his Curator, and Thomas
Anderson the Younger, Eldest Son of the said Thomas
Anderson, are Appellants, and Isabell the Daughter
of Thomas Anderson, John Bull her Husband, and
William Coults, and Robert Geddes their Assignee, Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Sankey against Foster & al.
The like Motion and Order, for hearing the Cause
wherein Margaret Sankey, Widow and Administratrix
of Henry Sankey Esquire, deceased, is Appellant, and
Francis Foster Gentleman and Anne his Wife (formerly
Anne Graham), Margaret Humphreys Widow (formerly
Margaret Graham), and Sarah Graham, are Respondents, on the next vacant Day for Causes.
Lutwidge against Grey & al.
The like Motion and Order, for hearing the Cause
wherein Thomas Lutwidge Merchant in Whitehaven,
and Peter How Merchant there, his Assignee, are Appellants, and Archibald Gray, John Buchanan, and John
King, Merchants in Glasgow, Respondents, on the next
vacant Day for Causes.
D. Bridgewater against Sir Francis Edwards.
The like Motion and Order, for hearing the Cause
wherein Scroop Duke of Bridgewater is Appellant, and
Sir Francis Edwards Baronet Respondent, on the next
vacant Day for Causes.
Tasburgh, &c. against Sir Robert Ecklin & al.
The like Motion and Order, for hearing the Cause
wherein Henry Tasburgh Esquire and George McNemara
are Appellants, and Sir Robert Ecklin Baronet, Thomas
Tickle Esquire, and Clotilda Tickle, alias Eustace, his
Wife, and Chetwood Eustace Esquire, Respondents, on
the next vacant Day for Causes.
Fitzgerald against Eustace.
The like Motion and Order, for hearing the Cause
wherein Maurice Fitzgerald Gentleman is Appellant,
and Christopher Eustace Gentleman Respondent, on the
next vacant Day for Causes.
White against Skene & al.
The like Motion and Order, for hearing the Cause
wherein Mrs. Frances White is Appellant, and George
Skene, and George Skene his Eldest Son, Dame Jean
Skene, and Sir Alexander Forbes her Husband, are Respondents, on the next vacant Day for Causes.
Stafford & Ux. against L. Nassau Powlett.
The like Motion and Order, for hearing the Cause
wherein Arthur Stafford Esquire and Susannah his Wife
are Appellants, and Nassau Powlett Esquire, commonly
called Lord Nassau Powlett, Executor of Major General
James Crofts, deceased, Benjamin Burton, a Minor,
Grandson and Heir of Charles Campbell Esquire, deceased, by his Father and next Friend Samuel Burton
Esquire, Bruen Worthington Esquire, John Moore, and
William Colvile, Executors of the said Charles Campbell,
Respondents, on the next vacant Day for Causes.
Paschall against L. Carteret & al.
Upon reading the Petition and Appeal of Elizabeth
Paschall Spinster, Admmistratrix of the Lady Bromsall,
who was the Widow and Relict of Sir Thomas Bromsall Knight, deceased; and also Widow and Relict of
Doctor John Herbert, deceased; complaining of a
Decree of the Court of Chancery, of the First of June
last, made on the Behalf of John Lord Carteret, Grace
Countess of Granville, Sir Clement Cotterel, Mary Jeay
Widow, Catherine Hazelden, Bromsall Throgmorton, Sir
Thomas Cross, Elizabeth Herbert Widow, Edward
Nightingale, and Francis Gwynn Esquire; and praying,
"That the same may be reversed:"
It is Ordered, That the said Lord Carteret, Grace
Countess of Granville, and the said other Parties, may
have a Copy of the said Appeal; and do put in their
Answer or respective Answers thereunto, in Writing,
on or before Friday the 8th Day of February next.
Lodge & Ux. peremptorily to answer Way's Appeal.
The House was informed, "That Ebenezar Lodge
and Anne his Wife have not put in their Answer to
the Appeal of Juliana Way Widow, though duly
served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by Henry Gordon
of the City of Dublin, of the due Service of the said
Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in
a Week.
Comyn & al. to answer Ryan's Appeal.
The House was informed, "That an Appeal of Jane
Ryan Widow was brought in, the last Session of Parliament; and Nicholas Comyn, Randall Mc Donnell,
Nicholas Weeks, John Little a Minor, and Henry
Lynn and Anne his Wife, Heirs at Law of Nicholas
Bromby, were ordered to answer."
But the Appellant not being able to prove due Service of the Order for answering:
It is Ordered, That the said Respondents do put in
their Answer or respective Answers to the said Appeal,
on or before Friday the First Day of March next.
Representation of the Board of Trade, concerning the American Colonies, to be considered.
Moved, "That the House be put into a Committee of the whole House, to take into Consideration the Representation of the Commissioners for
Trade and Plantations, prepared in Pursuance of
an Address to His Majesty of the 13th of June last,
for an Account of the Laws made, Manufactures
set up, and Trade carried on, in any of His Majesty's
Plantations in America, which may have affected the
Trade, Navigation, and Manufactures, of this Kingdom, and presented to this House on Wednesday
last."
Ordered, That the House be put into a Committee,
to take the said Representation into Consideration, on
Thursday next; and that the same be referred to the
said Committee.
Motion for an Address to know the good Offices used by His Majesty, refused.
Moved, "To order, that an humble Address be presented to His Majesty, that He will be graciously
pleased to acquaint this House with those good Offices which His Majesty has used, with relation to
those Things that have been declared to be the
Causes of the War."
Which being objected to;
And a Question being stated thereupon:
After Debate;
It was moved, "That the House do now adjourn."
But the same being objected to:
A Question was put, upon that Motion.
And it was Resolved in the Negative.
Then it was moved, "To add to the Question above
stated these Words; videlicet, ["which His Majesty, in His great Wisdom, shall now think proper
to communicate to this House."]"
After further Debate;
The Question was put, "Whether those Words
shall be made Part of the said Question?"
It was Resolved in the Negative.
After which, it was again moved, "That the House
do now adjourn."
But the same being a Second Time objected to:
The Question was put, upon the said Motion.
And it was Resolved in the Negative.
Then the Question being put, as stated upon the
First Motion:
It was Resolved in the Negative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
vicesimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 28o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Roffen.
Epus. Carliolens.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Menevens.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux St. Albans.
Dux Bedford.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nott.
Comes Chesterfield.
Comes Thanet.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Cowper.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Malton. |
PRAYERS.
Boon & al.: Petition referred to Judges.
Upon reading the Petition of Charles Boone Esquire
and Mary his Wife; praying Leave to bring in a Bill,
for making an Exchange of Estates, in the Petition
mentioned, effectual, which lie in Bletchingly and Rygate, in the County of Surry:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron
Comyns and Mr. Justice Lee; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case,
with their Opinion thereupon, under their Hands, and
whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also
that the Judges, having perused the Bill, do sign the
same.
Mr. Gamble, Committee of Esmeade, a Lunatic, Petition referred to Judges.
Upon reading the Petition of John Gamble, Committee of the Person of Arthur Esmeade a Lunatic,
and of Joannah Edridge, Sister and Heir Apparent of
the said Lunatic; praying Leave to bring in a Bill,
for Sale or Mortgage of a competent Part of an Estate,
in the Petition mentioned, belonging to the said Lunatic's late Father, for raising Five Hundred Pounds,
and all Interest attending the same:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to the Lord Chief
Baron of the Court of Exchequer and Mr. Justice
Denton; with the usual Directions, according to the
Standing Orders.
Ker & al. against Beugo & al.
Upon reading the Petition and Appeal of James
Ker of Morristoun Esquire, an Infant, by his Guardians,
and Mary Hume, Eldest Daughter and Heiress of
Alexander Hume late of Coldinghamlaw, deceased, and John
Morrison Hume her Husband, for his Interest; complaining of several Interlocutors of the Lords of Session
in Scotland, of the 10th of January 1729/30, and 17th of
June 1730, in so far as the same repel the Defence
against negative Prescription, and of the 11th of
July 1730, the 17th and 31st of July 1733, and 10th
of January Instant, made on the Behalf of William
Beugo Merchant, Assignee of Anna Hume, and Jean
Ridle and John Forrester her Husband, Margaret Ridle
and David Aikenhead Plaintiffs in the Process in the
said Court; and praying, "That the said several Interlocutors, in so far as aforesaid appealed against,
may be reversed:"
It is Ordered, That the Parties abovementioned
may have a Copy of the said Appeal; and they are
hereby required to put in their Answer or respective
Answers thereunto, in Writing, on or before Monday
the 25th Day of February next; and that Service of
this Order on the said Parties, or their Agents before
the said Court of Session, be deemed good Service.
Herron & al. against E. Galloway.
Upon reading the Petition and Appeal of Patrick
Herron of that Ilk, William Agnew of Castlewig, John
Stewart of Phisgill, John McDouall of French, Captain
Andrew Agnew of Locknaw, for themselves, and in
Name of the other Heritors within the Priory of
Whitehorn, and Mr. George Douglass Advocate, His
Majesty's Solicitor for the late Bishop's Tithes, for
the Crown's Interest; complaining of several Interlocutors of the Lords of Session in Scotland, of the
8th and 22d of December 1731, the 5th and 19th of
January, the 16th of February, the 5th of July and
29th of November, 1732, made on the Behalf of James
Earl of Galloway; and praying, "That the same may
be reversed:"
It is Ordered, That the said Earl may have a
Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Monday
the 25th Day of February next; and that Service of
this Order upon the said Earl's Advocate, or Agent in
the said Court of Session, be deemed good Service.
Johnstone & al Petition referred to Judges.
Upon reading the Petition of John Johnstone Esquire
and Charlotta late Marchioness Dowager of Annandale his Wife, for herself, and on Behalf of George
Marquis of Annandale, and John Johnstone Esquire,
commonly called Lord John Johnstone, Infants, her
Sons by her former Husband William late Marquis of
Annandale, deceased, as their Guardian; and also for
and on Behalf of Richard Johnstone, an Infant, her Son
by her said present Husband; praying Leave to bring
in a Bill, to enable the Trustees and Executors of the
last Will and Testament of John Vanden Bempde, late
of Hackneys Hall, in the County of York, Esquire,
deceased, to lay out Part of the said Testator's Trust
Estate in the Purchase of Securities affecting the
Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum,
per Annum, to be assigned to the said Trustees, for the
same Trusts as by the said Will are declared concerning the Trust Estate:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Probyn and Mr. Justice Reeves; with the usual Directions, according to the Standing Orders.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
tricesimum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 30o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Comes Berks. |
Ds. Boyle. |
PRAYERS.
Then, in order to solemnize this Day; being, by Act
of Parliament, appointed to be observed as a Day of
Fasting and Humiliation, for the Martyrdom of King
Charles the First;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Januarii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 31o Januarii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Lincoln.
Epus. Roffen.
Epus. Carliol.
Epus. Litch. & Cov.
Epus. Cestriens.
Epus. Bangor.
Epus. Landavens.
Epus. Norwich.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Bedford.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
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Comes Winchilsea & Nott.
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Comes Shaftesbury.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
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Comes Dunmore.
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Comes Stair.
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Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Henton.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Haversham.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Malton. |
PRAYERS.
Way against Lodge,
The Answer of Ebenezer Lodge and Anne his Wife, to
the Appeal of Juliana Way Widow, was brought in:
Hepburn Rickart against E. Hopeton.
As was likewise the Answer of Charles Earl of Hopeton, to the Appeal of James Hepburn Rickart of Keith
Esquire:
Ryan against Comyn.
And also, the Answer of Nicholas Comyn, to the Appeal of Jane Ryan Widow.
Thanks to the Bishop of Bangor, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Bangor, for
the Sermon by him preached before this House Yesterday, at the Abbey Church, Westminster; and he is hereby
desired to cause the same to be forthwith printed and
published.
Baillie's Appeal:
Upon reading the Petition of John Baillie of Walstoun,
a Lunatic, by Anthony Hammond Esquire, his Committee,
setting forth, "That, the last Session of Parliament, a
Committee of this House, appointed to consider of
the Petitioner's Appeal, reported, "That the further
Consideration thereof ought to be put off till certain
Proceedings in Scotland, touching the Petitioner's
Lunacy or Idiotry, were at an End;" of which as yet
the said Mr. Hammond has no certain Account;" and
therefore praying the Consideration of the House in this
Matter:
Consideration of it reserved.
It is Ordered, That the further Consideration of
the said Appeal be reserved, till the said Proceedings in
Scotland are determined.
Way against Lodge:
The House being informed, "That a Person attended, in order to deliver in certain Pleadings and
Proceedings, in the Cause wherein Juliana Way Widow
is Appellant, and Ebenezer Lodge and Anne his Wife
are Respondents:"
Pleadings proved.
He was called in; and delivered the said Proceedings,
at the Bar; first attesting upon Oath, "The same
were true Copies, he having examined them with
the Originals in the proper Offices in Ireland."
And then he withdrew.
Report, Commissioners Charitable Corporation, delivered.
The House being informed, "That some of the
Commissioners, appointed to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, attended:"
They were called in; and delivered, at the Bar (pursuant to a Clause in an Act of the last Session of Parliament),
"A Report of the said Commissioners."
And then they withdrew.
And the Title of the said Report was read.
Evelyn against Evelyn.
Upon reading the Petition and Appeal of Anne, Elizabeth, and Mary Evelyn, Infants under the Age of
Twenty-one Years, by John Garth Esquire, their next
Friend; complaining of Part of a Decree of the Court
of Chancery, of the 4th of February 1731, made in a
Cause wherein the Appellants, by their next Friend,
were Plaintiffs, and Edward Evelyn and James Evelyn an
Infant, by his Guardian Thomas Garth Esquire, and
James Worseley Esquire, Defendants; and also in a Cross
Cause, wherein the said Edward Evelyn and James
Evelyn, by his next Friend, were Plaintiffs, and the Appellants, together with Charles Boone Esquire and Mary
his Wife, late Mary Evelyn, Administratrix of George
Evelyn Esquire, deceased, the said Thomas Garth, James
Worseley, and Sir Thomas Pope Blount Baronet, deceased,
Defendants; and praying, "That such Part of the said
Decree as is complained of may be reversed, and the
Appellants relieved:"
It is Ordered, That the said Edward Evelyn and
James Evelyn his Son, Charles Boone and Mary his Wife,
and James Worseley, may have a Copy of the said Appeal;
and they are hereby required to put in their Answer
or respective Answers thereunto, in Writing, on or
before Thursday the 14th Day of February next.
D Roxburghe against Kerr.
Upon reading the Petition of John Duke of Roxburghe;
praying, "In regard it is uncertain when the Petitioner's
Counsel will come from Scotland, that the hearing
his Appeal, to which Christian Kerr and her Husband
are Respondents, may be put off till after the Time
appointed for hearing another Appeal of the Petitioner's, to which Mr. Wauchope is Respondent:"
It is Ordered, That the hearing the said Appeal
be put off to the First vacant Day for Causes after
those already appointed.
Trotter against E. Marchmont & al.
Upon reading the Petition and Appeal of Henry
Trotter of Mortounhall Esquire; complaining of several
Interlocutories of the Court of Session in Scotland, of
the 8th of January and 31st of December 1723, and
23d of January and 15th of February 1724, the 26th
of November and 27th December 1726, and 19th of
February 1732, the 15th of December 1733, and the
18th of this Instant January, made on the Behalf of
Alexander Earl of Marchmont and Andrew Hogg of
Harcarse Esquire; and praying, "That the same may
be reveised:"
It is Ordered, That the said Earl of Marchmont
and Andrew Hogg may have a Copy of the said Appeal; and put in their Answer or respective Answers
thereunto, in Writing, on or before Thursday the 28th
Day of February next; and that Service of this Order
upon the Procurators or Agents of the said Respondents be deemed good Service.
Brodie Lyon King of Arm against Areskine.
Upon reading the Petition and Appeal of Alexander
Brodie of Brodie Esquire, Lyon King of Arms; complaining of several Interlocutors of the Lords of Session in Scotland, of the 5th and 30th of July 1728, and 18th of January and 14th of February 1728/9, made on the Behalf
of David Areskine Esquire; and praying, "That the
same may be reversed:"
It is Ordered, That the said David Areskine may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Thursday the 28th Day of February next; and
that Service of this Order upon the Respondent's Agent
or Agents at Edinburgh be deemed good Service.
Jevers against Jevers & al.
Upon reading the Petition and Appeal of Henry Jevers
Esquire, Father of Henry Jevers the Younger; complaining of a Decretal Order of the Court of Exchequer
in Ireland, of the 26th of June last, made in a Cause
wherein Margaret Jevers Widow was Plaintiff, and the
Appellant and others were Defendants; and praying,
That the same may be reversed, or rectified for the
Appellant's Relief:"
It is Ordered, That the said Margaret Jevers and
Augustine Jevers, and Alexander Blenerhasset, may have
a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers
thereunto, in Writing, on or before Thursday the 7th
Day of March next; and that Service of this Order
upon the said Respondents, or their respective Attornies in the said Court of Exchequer in Ireland, be
deemed good Service.
Viscountess Doneraile against Viscount Doneraile & al.
Upon reading the Petition and Appeal of Catherine
Sarah Lady Viscountess Doneraile in the Kingdom of
Ireland, by her Father and next Friend John Cunningham
of the City of Dublin Esquire; complaining of an
Order, or Decree of Dismissal, of the Court of Chancery
in the said Kingdom, of the 30th of June last, made in a
certain Cause, wherein the Appellant, by her said next
Friend, was Plaintiff, and Arthur Lord Viscount Doneraile and others were Defendants; and praying, "That
the same may be reversed, or rectified; and that the
Appellant may be decreed her Annuity of £.300 a
Year, or otherwise relieved:"
It is Ordered, That the said Arthur Lord Doneraile
and Lady Dowager Doneraile, James Barry, and the
said other Defendants, may have a Copy of the said
Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the
7th Day of March next; and that Service of this Order
upon the Six Clerk or Six Clerks of the said Defendants, in the said Court of Chancery in Ireland, be
deemed good Service.
Countess Dowager of Kildare, &c. against Hopson.
Upon reading the Petition and Appeal of Elizabeth
Countess Dowager of Kildare and Lady Catherine Jones;
complaining of certain Parts of a Decree of the Court
of Chancery, of the 30th of October last, whereby they
are charged with the Payment of Interest for the Remainder of a Sum of £.800 and Costs, made in a Cause
wherein Richard Hopson Esquire, Administrator with the
Will annexed of Sir Charles Hopson Knight, deceased,
was Plaintiff, and the Appellants and others were Defendants; and praying, "That Process may issue against
the said Richard Hopson:"
It is Ordered, That the said Richard Hopson may
have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing,
on or before Thursday the 14th Day of February
next.
Philpot against Moor.
Upon reading the Petition and Appeal of Charles
Philpott Gentleman; complaining of an Order and Decree of the Court of Chancery, the 23d of November
1731, and the Enrolment, and all Proceedings thereupon, made in a Cause wherein Humphry Moor was
Plaintiff, and the Appellant Defendant; and praying,
"That the same may be reversed in the Particulars
complained of:"
It is Ordered, That the said Humphry Moor may
have a Copy of the said Appeal; and he is hereby
required to put in his Answer thereunto, in Writing,
on or before Thursday the 14th Day of February next.
Cullen & al. against Colquhoun.
Upon reading the Petition and Appeal of William
Cullen and Agnes his Wife, Robert Love and Sarah his
Wife, Henrietta Colquhoun, and Mr. John Boddie Merchant in Edinburgh; complaining of certain Interlocutors
of the Lords of Session in Scotland, of the 6th and 9th
Days of January 1732/3, made on the Behalf of David
Colquhoun; and praying, "That the same may be reversed:"
It is Ordered, That the said David Colquhoun may
have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on
or before Thursday the 28th Day of February next; and
that Service of this Order upon the Respondent's Agent
in Scotland be deemed good Service.
Halpen against Lady Lawley & al.
Upon reading the Petition and Appeal of Mark
Halpen Gentleman; complaining of a Decree of the
Court of Exchequer, made upon hearing certain Causes,
on the 9th Day of November last, wherein the Appellant was Plaintiff, and Dame Elizabeth Halpen, commonly called Lady Lawley, John Tinte, and John Smith,
were Defendants; and praying, "That the same may
be reversed, or varied:"
It is Ordered, That the said Defendants may have
a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers
thereunto, in Writing, on or before Thursday the 14th
Day of February next.
Stanbury & al. against Bale & al.
Upon reading the Petition and Appeal of Thomas
Stanbury, John Force, John Snelling, Samuel Maynard,
Peter Rowe, James Woodley, Thomas Rouse, Jane Moses,
and John Evens, otherwise Ewens; complaining of Part
of certain Decrees, Orders, and Proceedings, of the
Court of Exchequer, in a Cause wherein Christopher
Bale Esquire was Plaintiff, and the Appellants and John
Burrell, Joshua Hickman, John Gandy, and John Newcombe, Esquires, were Defendants; and praying, "That
the same may be reversed, and the Plaintiffs Bill
dismissed with Costs:"
It is Ordered, That the said Christopher Bale, John
Burrell, Joshua Hickman, John Gandy, and John Newcombe, may have a Copy of the said Appeal; and they
are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before
Thursday the 14th Day of February next.
Sir J Hope to enter into a Recognizance for Capt. Halket:
The House being moved, "That Sir John Bruce Hope
may be permitted to enter into a Recognizance for
Captain Peter Halket, on account of his Appeal depending in this House; he residing in Scotland:"
It is Ordered, That the said Sir John Bruce Hope
may enter into a Recognizance for the said Appellant,
as desired.
Johnson, for Murray and others:
The like Motion and Order, for Mr. Claud Johnson
Merchant in London, to enter into a Recognizance for
Mr. Archibald Murray and others, for the same Reason.
Ross, for Hepbu ne Rickart.
The like Motion and Order, for Mr. Alexander Ross,
to enter into a Recognizance for James Hepburne
Rickart of Keith Esquire, for the like Reason.
Bate & al. Petition referred to Judges.
Upon reading the Petition of Lydia Bate, Widow and
Relict of John Bate, late of Appleton, in the County
of Chester, Gentleman, deceased, for and on the Behalf
of herself, and of William, Elizabeth, and Mary Bate,
her Children, who are all Infants; praying Leave to
bring in a Bill, for Sale of certain Lands, lying in Widness, Denton, and Appleton, in the Chapelry of Farnworth, in the County of Lancaster, together with the
Lands of Stockton, Appleton, Latchford, and Lower
Walton, in the County of Chester, for discharging of
Debts and Incumbrances in the Petition mentioned:
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Fortescue and Mr. Baron Thompson; with the usual Directions, according to the Standing Orders.
Representation of the Board of Trade, concerning American Colonies:
The Order of the Day, for the House to be put into
a Committee, to take into Consideration the Representation of the Commissioners for Trade and Plantations,
prepared in Pursuance of an Address to His Majesty,
of the 13th of June last, for an Account of the Laws
made, Manufactures set up, and Trade carried on, in any
of His Majesty's Plantations in America, which may
have affected the Trade, Navigation, and Manufactures,
of this Kingdom, being read:
Consideration of it put off.
It is Ordered, That the House be put into a Committee, to take the said Representation into Consideration,
on this Day Sevennight.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
primum diem Februarii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.
Hitherto examined by us,
Portland.
Litchfield.
Abingdon.
Oxford & Mortimer.
N. St. Davids.
Isa. Asaph.