House of Lords Journal Volume 24
January 1736

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History of Parliament Trust

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Year published

1767-1830

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568-582

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'House of Lords Journal Volume 24: January 1736', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 568-582. URL: http://british-history.ac.uk/report.aspx?compid=114041 Date accessed: 20 September 2014.


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January 1736

Anno 9o Georgii Secundi.

DIE Jovis, 15o Januarii, 1735.

DIE Jovis, 15o Januarii, 1735, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Nono, in quem Diem hæc Secunda Sessio Parliamenti, per separales Prorogationes, continuata 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. Oxon.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Buccleugh.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Lothian.
Comes Pembroke & Montgomery.
Comes Warwick & Holland.
Comes Peterborow & Monmouth.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Clarendon & Rochester.
Comes Cardigan.
Comes Shaftesbury.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Rockingham.
Comes Tankerville.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Pomfret.
Comes Graham.
Comes Kerr.
Comes Fitzwalter.
Comes Ashburnham.
Comes Effingham.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. North & Guilford.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Hinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Walpole.
Ds. King.

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, sitting in his Place on His Majesty's Right Hand (the Lords being also in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"The happy Turn which the Affairs of Europe have evidently taken, since the End of the last Session of Parliament, must, I am persuaded, give you all, as it does Me, the greatest Satisfaction.

"I acquainted you then, that a Plan of Pacification, concerted between Me and The States General of The United Provinces had been proposed to the Parties engaged in the War, which had not the Effect to prevent the opening of the Campaign: The Armies took the Field; and the War was carried on, in some Parts, in such a Manner as to give very just Apprehensions that it would unavoidably become general, from an absolute Necessity of preserving that Balance of Power on which the Safety and Commerce of the Maritime Powers so much depend.

"This Consideration determined Me to persevere, jointly with The States, in repeating our most earnest Instances to the contending Parties, to agree to an Armistice, and to enter into a Negotiation for obtaining a general Peace, upon the Basis of the Plan we had proposed to them.

"Whilst Affairs continued in this State of Deliberation, the Heat and Fury of the War abated; and the Emperor and the Most Christian King, in Consequence of their repeated Professions of a sincere Disposition to put an End to the War by an honourable and solid Peace, concerted and agreed upon certain preliminary Articles to answer that most desireable End. An Armistice is since agreed to, by all the Parties engaged in the War; and the contracting Powers, in regard to the good Offices employed by Me and The States, have communicated to us, by their respective Ministers, the Preliminaries; desiring our Concurrence for essectuating a general Pacification upon the Terms thereby stipulated.

"It appearing, upon due Examination, that these Articles do not essentially vary from the Plan proposed by Me and The States, nor contain any Thing prejudicial to the Equilibre of Europe, or to the Rights and Interests of our respective Subjects; we have thought fit, in Pursuance of our constant Purpose, to contribute our utmost towards a general Pacification; to declare, by a joint Resolution to the Courts of Vienna and France, our Approbation of the said Preliminaries, and our Readiness to concur in a Treaty to be made for bringing them to Perfection.

"These Preliminaries have been likewise communicated to the Kings of Spain and Sardinia. And although those Princes have not as yet in Form declared their final Resolutions upon them; there is great Reason to believe that the Love of Peace, their avowed Dispositions for putting an End to the Troubles of Europe, and the amicable Interposition of common Friends, will prevail upon them to agree to what has been thus concerted, upon reasonable Security given them for the peaceable Possession and Enjoyment of the Countries allotted to them.

"In these Circumstances, My first Care was, to ease the Burthens of My People as soon and as far as Prudence, in the present Posture of Affairs, would permit: I have therefore ordered a considerable Reduction to be made of My Forces, both by Sea and Land: And if the Influence of the Crown of Great Britain, and the Respect due to this Nation, have had any Share in composing the present Troubles in Europe, or preventing new ones; I am persuaded, you will be of Opinion that it will be necessary to continue some extraordinary Expence, until there be a more perfect Reconciliation among the several Powers of Europe.

"Gentlemen of the House of Commons,

"I have ordered the proper Officers to lay before you the Estimates for the Service of the current Year; and I make no Doubt but My Desire to make the Charge of the Public as low as possible, will find in you the same Readiness to grant the necessary Supplies with Chearfulness and Unanimity.

"My Lords, and Gentlemen,

"I am willing to hope this pleasing Prospect of Peace Abroad will greatly contribute to Peace and good Harmony at Home. Let that Example of Temper and Moderation which has so happily calmed the Spirits of contending Princes banish from among you all intestine Discord and Diffention: Those who truly wish the Peace and Prosperity of their Country can never have a more favourable Opportunity than now offers of distinguishing themselves, by declaring their Satisfaction in the Progress already made towards restoring the public Tranquillity, and in promoting what is still necessary to bring it to Perfection."

The Speech being ended, His Majesty was pleased to withdraw; and the Commons returned to their House.

PRAYERS.

E. of Peterborow takes his Seat;

Charles Earl of Peterborow sat first in Parliament, after the Death of his Grandfather Charles Earl of Peterborow:

E. of Rockingham,

Lewis Earl of Rockingham sat first in Parliament, after the Death of his Grandfather Lewis Earl of Rockingham:

E of Stanhope;

Likewise, Philip Earl Stanhope sat first in Parliament, after the Death of his Father James Earl Stanhope:

and L. Romney.

Also, Robert Lord Romney sat first in Parliament, after the Death of his Father Robert Lord Romney:

Their Lordships having all first, at the Table taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Poor's Bill.

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

The Lord Chancellor reported His Majesty's Speech.

And the same being afterwards read, by the Clerk:

Motion for an Address.

It was moved, "To order, that an humble Address be presented to His Majesty, to return the Thanks of this House, for His most Gracious Speech from the Throne: To express the just Sense this House hath of His Majesty's great Concern for the Balance of Europe; His Vigilance to prevent a general War, and to maintain the Security and Commerce of His Kingdoms: To declare their Satisfaction in His Majesty's Perseverance to pursue these great Ends, by endeavouring to bring the contending Powers to an Accommodation; and the well-grounded Hopes which they always conceived, that the good Offices of His Majesty and The States General would be attended with real and beneficial Effects: To congratulate His Majesty on the pleasing Prospect of approaching Tranquillity; and to express the great Satisfaction of this House, upon the Gracious Communication made in His Speech, touching the Preliminary Articles between the Emperor and France, and the joint Resolution taken thereupon by His Majesty and The States: To acknowledge, with the greatest Gratitude, His Majesty's tender Care of His People, in preserving to them the Blessings of Peace; and to declare, that this House sees with Pleasure, in our present Situation, the happy Effects of the extraordinary Supplies of late Years granted by Parliament: To return His Majesty the Thanks of this House, for the Orders given for a Reduction of His Forces; assuring Him, in the strongest Manner, that this House will zealously and chearfully concur in all such Measures as shall be necessary to secure the Safety of His Majesty's Kingdoms, and to continue the just Influence of His Crown amongst the Powers Abroad: To promise His Majesty, that this House will, to the utmost, promote good Harmony and Unanimity at Home; and demonstrate, by all their Actions, how much they have at Heart the effectual Support of His Majesty and His Government, the Preservation of the Protestant Succession, and the Peace and Prosperity of their Country."

Which being objected to; and a Question stated thereupon:

It was proposed, "To leave out, in the Fifth Paragraph, these Words; (videlicet,) ["and to declare, that this House sees with Pleasure, in our present Situation, the happy Effects of the extraordinary Supplies of late Years granted by Parliament."]

After Debate;

The Question was put, "Whether an Address shall be made to His Majesty, upon the foregoing Motion?"

It was Resolved in the Affirmative.

And ordered accordingly.

Then the Lords following were appointed a Committee, to prepare an Address, upon the said Order; and report to the House; (videlicet,)

Ld. President.
Ld. Steward.
D. Newcastle.
E. Chesterfield.
E. Scarbrough.
E. Ilay.
E. Strafford.
E. Cowper.
E. Fitzwalter.
E. Effingham.
L. Bp. London.
L. B. Sarum.
L. B. Chichester.
Ld. Delawarr.
L. Carteret.
L. Gower.
L. Hervey.
L. Bathurst.
L. Onslow.
L. Lovell.

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 Delawarr reported from the said Committee, an Address drawn by them, as follows:

Address.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our sincere and humble Thanks, for Your most Gracious Speech from the Throne.

"The Experience we have had of Your Majesty's just Apprehensions of the Consequences of the War, and of Your Vigilance to prevent its becoming general, filled our Minds with the strongest Assurance, that the Preservation of the Balance of Power, and of the Safety and Commerce of Your Kingdoms, were the governing Motives of Your Majesty's Conduct.

"These Principles, truly worthy of a King of Great Britain, we have seen exerted with a Perseverance superior to all Difficulties, by your uninterrupted Eadeavours to bring the contending Powers to an Accommodation, in order to the obtaining a general Peace: And, when we considered Your Majesty's Firmness, and the Weight which this Nation ought to have in the Affairs of Europe, we always conceived well-grounded Hopes, that Your Royal Wisdom, and the good Offices employed by Your Majesty in Conjunction with The States General, would be attended with real and beneficial Effects.

"Permit us, Sir, on this Occasion, to congratulate Your Majesty upon the agreeable Prospect of approaching Tranquillity, which You have had the Goodness to lay before us; and to profess the great Satisfaction we feel, on Your having communicated to us, that the Preliminary Articles agreed upon between the Emperor and the Most Christian King appeared, upon a due Examination, to be such as induced Your Majesty and The States, by a joint Resolution, to declare Your Approbation thereof, and Your Readiness to concur in a Treaty to be made for bringing this Work to Perfection.

"The Union and Harmony which hath so happily subsisted between Your Majesty and that Republic will, we trust, be productive of such further good Consequences as may effectuate a general Pacification; and the glorious Example which Your Majesty hath held forth to other Princes, of preferring the Love of solid and honourable Peace to the Views of restless Ambition, together with the amicable Interposition of common Friends, will, we doubt not, prevail entirely to put an End to the present Troubles.

"Your Majesty's tender Care of Your People, in preserving to them the Blessings of Peace, whilst other Countries have been harrassed with War, calls for our most thankful Acknowledgements; which we beg Leave to lay at Your Royal Feet.

"The extraordinary Supplies of late Years, necessarily raised by Your Parliament, however unwilling to burthen their Fellow-subjects, have been the Result of their just Considence, that all Powers reposed in Your Majesty would be made Use of only for the Honour of Your Crown and the Welfare of Your People.

"It is with the greatest Pleasure we now see the happy Effects of these Measures, in our present Situation; nor could we entertain the least Doubt but that Your Majesty would improve the First Opportunity to lessen this Expence, as far as Prudence and the Posture of Affairs would permit.

"In this View, we beg Leave to return our unseigned Thanks for the Orders which Your Majesty hath graciously been pleased to give, for making a considerable Reduction of Your Forces both by Sea and Land; and we cannot accompany those Thanks with a more becoming Proof of our Gratitude, than by assuring Your Majesty, as we most sincerely do, that we will zealously and chearfully concur in all such Measures as shall be necessary to maintain the Security of Your Kingdoms, and to continue the just Influence of Your Crown amongst the Powers Abroad.

"We are deeply sensible of Your Majesty's unwearied Labours to make us a happy People. Nothing shall be wanting, on our Part, to render those Paternal Labours effectual, by promoting good Harmony and Unanimity at Home; and by demonstrating, in all our Actions, how stedfastly we have at Heart the zealous and vigorous Support of Your Majesty and Your Government, the Preservation of the Protestant Succession in Your Royal House, and the Peace and Prosperity of our Country."

Which Address, being read by the Clerk, was agreed to by the House.

Ordered, That the same 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 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.
Ld. Steward.
Ld. Chamberlain.
D. Richmond.
D. St. Albans.
D. Bolton.
D. Leeds.
D. Marlborough.
D. Rutland.
D. Montagu.
D. Buccleuch.
D. Atholl.
D. Ancaster & Kesteven, L. G. C.
D. Newcastle.
D. Portland.
D. Greenwich.
D. Manchester.
D. Bridgewater.
March. Lothian.
E. Pembroke & Montgomery.
E. Warwick & Holland.
E. Peterborow & Monmouth.
E. Winchilsea & Nottingham.
E. Chesterfield.
E. Clarendon & Rochester.
E. Cardigan.
E. Shaftesbury.
E. Scarbrough.
E. Rochford.
E. Albemarle.
E. Coventry.
E. Jersey.
E. Grantham.
E. Cholmondeley.
E. Craufurd.
E. Morton.
E. Loudoun.
E. Selkirk.
E. Dunmore.
E. Orkney.
E. Portmore.
E. Ilay.
E. Oxford & Mortimer.
E. Strafford.
E. Rockingham.
E. Tankerville.
E. Hallifax.
E. Cowper.
E. Stanhope.
E. Pomfret.
E. Graham.
E. Kerr.
E. Fitzwalter.
E. Ashburnham.
E. Effingham.
V. Weymouth.
V. Cobham.
V. Falmouth.
V. Lymington.
V. Harcourt.
V. Torrington.
L. Bp. London.
L. B. Durham.
L. B. Oxon.
L. B. Rochester.
L. B. Litch. & Cov.
L. B. Sarum.
L. B. Landaff.
L. B. St. Davids.
L. B. Norwich.
L. B. Glocester.
L. B. Bristol.
Ld. Harrington.
L. Abergavenny.
L. Delawarr.
L. North & Guil.
L. Hunsdon.
L. Lovelace.
L. Hinton.
L. Cornwallis.
L. Lynne.
L. Carteret.
L. Gower.
L. Hervey.
L. Masham.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Walpole.
L. King.

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 as they please.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this and former Sessions of Parliament.

Ld. Chancellor.
Ld. Steward.
Ld. Chamberlain.
D. Marlborough.
D. Montagu.
D. Bridgewater.
M. Lothian.
E. Warwick & Holland.
E. Winchilsea & Nottingham.
E. Chesterfield.
E. Shaftesbury.
E. Scarbrough.
E. Orkney.
E. Oxford & Mortimer.
E. Strafford.
E. Fitzwalter.
E. Effingham.
L. Bp. London.
L. B. Oxon.
L. B. Rochester.
L. B. St. Davids.
L. B. Glocester.
L. B. Bristol.
Ld. Delawarr.
L. Hunsdon.
L. Cornwallis.
L. Carteret.
L. Gower.
L. Foley.
L. Bathurst.
L. Onslow.
L. Cadogan.

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

Stoppages in Streets, Order to prevent.

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

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Januarii, hora duodecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 16o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestriens.
Epus. Sarum.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Dux Devon, Senescallus.
Dux Atholl.
Comes Craufurd.
Comes Strafford.
Comes Fitzwalter.
Viscount St. John.
Ds. Maynard.
Ds. Gower.

PRAYERS.

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."

Kent to enlarge the Time for bringing a Writ of Error.

A Petition of John Kent, an Infant of the Age of Eleven Years, Son and Heir of Robert Kent Gentleman, deceased, who was Plaintiff in a Writ of Error brought into this House the last Session of Parliament, was presented to the House, and read; praying, "In regard James May, the other Plaintiff in the said Writ, is also dead; that their Lordships Order on the 2d of May last, limiting the Time for bringing a new Writ of Error, may be enlarged for Six Weeks."

Ordered, That the Lords following be appointed a Committee, to consider of the said Petition; and report to the House what they shall think proper thereupon:

Ld. Steward.
D. Atholl.
Comes Craufurd.
E. Strafford.
E. Fitzwalter.
V. St. John.
L. Bp. Chichester.
L. B. Sarum.
L. B. Norwich.
L. B. Bristol.
Ld. Maynard.
L. Gower.

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

Service of the Order on L. Dudley's Pet. proved.

The House was informed, "That a Person attended, in order to make Proof of the Service of the Order of this House (made the 5th Day of May last) on such Person or Persons who is or are in Possession, or in the Receipt of the Rents and Profits, of the Estate in Question, upon the Petition of William Lord Dudley and Ward."

Mr. William Crawley was called in; and acquainted the House, upon Oath, at the Bar, with the respective Times and Places, and on the several Persons, he served the said Order.

And then he was directed to withdraw.

Mercer against Butler & al. Pleadings proved.

The House was also informed, "That Richard Brereton attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein Robert Mercer Gentleman is Appellant, and Thomas Butler Esquire and others are Respondents:"

McQuillan against Hobart et al.

Likewise, in the Cause wherein Richard McQuillan & Ux. are Appellants, and Elizabeth and William Hobart and others Respondents.

Pleadings proved.

He was thereupon called in; and delivered in the said Papers, at the Bar; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Causes ordered for hearing.

Ordered, That the Cause wherein Michael Mills is Appellant, and John Byrne & al. are Respondents, which was the First Cause upon the Paper left unheard at the End of the last Session of Parliament, be heard, by Counsel on both Sides, at the Bar, on Monday next; and that the other Causes on the said Paper remaining unheard be proceeded in on the Wednesday, Friday, and Monday following.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 19o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Petriburg.
Epus. Sarum.
Epus. Menevens.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Leeds.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
March. Lothian.
Comes Winchilsea & Nottingham.
Comes Shaftesbury.
Comes Coventry.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Dunmore.
Comes Portmore.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Ds. Abergavenny.
Ds. Lovelace.
Ds. Lynne.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
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; and that His Majesty was pleased to give this Gracious Answer thereunto; (videlicet,)

"My Lords,

"I return you My Thanks, for this dutiful and affectionate Address. Nothing can give Me so sensible a Pleasure as the Satisfaction you shew in My Endeavours for the Repose of Europe, and the Care I have taken of the Peace and Welfare of My Kingdoms: As I rely with the greatest Confidence on your Support in the Pursuit of these great Ends; so you may always depend on My steady Perseverance in such Measures as may most effectually promote and secure the Ease, Commerce, and Prosperity, of My People."

Address and Answer to be printed.

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Lee against Southwell et al.

Upon reading the Petition and Appeal of Thomas Lee Gentleman; complaining of an Order or Decree of the Court of Chancery in Ireland, made the 24th Day of November 1732, in a Cause wherein the Appellant was Plaintiff, and Richard Southwell, Agnes his Wife, George Rose, John Vandeleur, Henry Rose, and John Southwell by his Guardian the said Agnes, were Defendants; and praying, "That the same may be reversed or rectified; and that the Appellant may be decreed to the Enjoyment and Possession of the Town and Lands of Clonderalaw, in the County of Clare, in the said Kingdom; and to a Moiety of the whole Personal Estate of Richard Lee of Clonderalaw aforesaid, Gentleman, deceased; or that the Appellant may have such other Relief as to the House shall seem meet:"

It is Ordered, That the said Agnes Southwell, George Rose, John Vandeleur, and Henry Rose, and Sarah Southwell (the Widow and Administratrix of the said John Southwell, who is now dead) 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 23d Day of February next; and that Service of this Order on the Clerk or Six Clerks in Court of the said Defendants in the said Court of Chancery be deemed good Service.

Mills against Byrne.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Michael Mills Clerk, Administrator of John Rathborne, late Merchant, deceased, is Appellant, and John Byrne and his Children are Respondents.

And the First Counsel for the Appellant having been fully heard, and several Proofs and Proceedings in the Cause read:

And the Second Counsel for the Appellant heard, to observe on the Evidence produced:

The Counsel on both Sides were directed to withdraw.

Causes put off.

Ordered, That the further Hearing of this Cause be adjourned to Wednesday next; and that the Cause appointed for that Day be put off to Friday next; and the other Causes removed to the next Cause-days in Course.

Adjourn.

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

DIE Mercurii, 21o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Roffen.
Epus. Sarum.
Epus. Menevens.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Bolton.
Dux Bucclcuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
March. Lothian.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Rochford.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Morton.
Comes Loudoun.
Comes Orkney.
Comes Strafford.
Comes Rockingham.
Comes Cowper.
Comes Stanhope.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Weymouth.
Viscount Lymington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Bruce.
Ds. Gower.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Hardwicke.

PRAYERS.

Gordon against Mackenzie.

The Answer of Jean Mackenzie, Widow of John Urqubart of Newhall, to the amended Appeal of Sir William Gordon & al. was brought in.

Accounts of Prohibited E. 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,

"The Return of the Commissioners of the Customs, with an Account of prohibited East India Goods imported and exported, from Michaelmas 1734, to Michaelmas 1735; and an Account of Naval Stores imported from Russia, for the same Time."

And they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk, as follow:

"No 1. An Account of prohibited East India Goods in the Warehouses at St. Hellens; with what hath been brought in, delivered out for Exportation, and now remains in the said Warehouses, from Michaelmas 1734, to Michaelmas 1735."

"No 2. An Account of the prohibited East India Goods in the Warehouses at Leadenhall; with what has been brought in, delivered out for Exportation, and what remains in the said Warehouses, from Michaelmas 1734, to Michaelmas 1735."

"No 3. An Account of (fn. 1) what prohibited East India Goods remaining in His Majesty's Warehouse at the Port of London, at Michaelmas 1734; as also what brought in, what exported, and what remains, from Michaelmas 1734, to Michaelmas 1735."

"No 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports, at Michaelmas 1734; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1735."

"No 5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1734, to Michaelmas 1735."

"No 6. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1734, to Michaelmas 1735."

Bp. of St. Davids to preach 30th Inst.

Ordered, That the Lord Bishop of St. Davids be desired to preach before this House, at the Abbey Church, Westminster, on Friday the 30th Day of this instant January, being appointed to be observed as a Day of Fasting for the Martyrdom of King Charles the First.

Lock's Pet. to put off a Hearing, rejected.

A Petition of William Lock and John Herring Esquires, was presented, and read; setting forth, "That Mr. Verney, One of their Counsel, who has signed their Appeal (to which Charles Cholmondeley Esquire is Respondent), having lately had a Fit of the Gout, is so weak in his Feet, as not to be able at present to attend the hearing this Cause;" and praying, "That the said Hearing may be adjourned to this Day Fortnight, or to such other Time as this House shall think fit."

And thereupon the Agents on either Side having been called in, and heard at the Bar; and withdrawn:

Ordered, That the said Petition be rejected.

Mills against Byrne.

Counsel were called in, to be further heard, in the Cause wherein Michael Mills Clerk is Appellant, and John Byrne and his Children are Respondents.

And the First Counsel for the Respondents having been fully heard, and several Proofs and Proceedings in the Cause read:

The Counsel on both Sides were directed to withdraw.

Causes put off.

Ordered, That the further Hearing of this Cause be adjourned to Friday next; and that the Cause appointed for that Day be put off to Monday next; and the other Causes removed to the next Cause-days in Course.

Adjourn.

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

DIE Veneris, 23o Die Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Petriburg.
Epus. Sarum.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Bolton.
Dux Leeds.
Dux Marlborough.
Dux Atholl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Comes Warwick & Holland.
Comes Shaftesbury.
Comes Litchfield.
Comes Albemarle.
Comes Coventry.
Comes Morton.
Comes Portmore.
Comes Ilay.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Fitzwalter.
Ds. Abergavenny.
Ds. North & Guilford.
Ds. Maynard.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Ducie.

PRAYERS.

Edgworth against Edgworth.

The Answer of Packington Edgworth and others, to the Appeal of Edward Edgworth Esquire:

Lock against Philips & al.

Also, the Answer of Richard Philips, Administrator of Jonathan Holloway deceased, to the Appeal of William Lock and John Herring Esquires:

And likewise, the Answer of Nathaniel Jacobs, Administrator of John Law Esquire, deceased, to the same Appeal;

Were brought in.

Hall against Lincoln.

Also, the Answer of Mary Lincoln Widow, Administrator of James Clerk, deceased, to the Appeal of Thomas Hall;

Mercer against Butler & Ux.

And likewise, the Answer of Thomas Butler and Margaret Viscountess Jveagh his Wife, to the Appeal of Robert Mercer;

Were brought in:

Sir William Gordon against Blair.

As was also, the Answer of James Blair Merchant in Edinburgh, to the Appeal of Sir William Gordon Baronet.

Mason, for a new Respondent to his Appeal.

Upon reading the Petition of Charles Mason Esquire; praying, "That His Majesty's Attorney General and Sir Bibye Lake may be required peremptorily to put in their Answer to the Petitioner's Appeal; and that the same may be revived against the legal Representative of Joseph Newell, One of the Respondents to the said Appeal, who is lately dead:"

It is Ordered, That His Majesty's Attorney General and the said Sir Bibye Lake do peremptorily put in their Answer or respective Answers to the said Appeal in a Week; and that the same be revived against the legal Representative of the said Joseph Newell, as desired.

Ryland against Green & al.:

Upon reading the Petition of Richard Ryland Esquire; setting forth, "That, in the last Session of Parliament, he lodged his Appeal against James Roch Green, Barry Colles, and Edward Fitzgerald, and caused them to be served with the Order of this House for answering the same; which they have not yet done; nor is the Petitioner at present prepared to prove the Service of the said Order;" and praying, "That the Respondents may be required to put in their Answer in such Time as shall be thought proper:"

Respondents to answer.

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 28th Day of February next; and that Service of this Order on their Attornies in the Court of Exchequer in Ireland be deemed good Service.

Glaseour against Bennet.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Glaseour Esquire is Appellant, and Henry Bennet Esquire and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 13th Day of February next.

Heron & al. against E. Galloway.

The like Motion and Order, for hearing the Cause wherein Patrick Heron Esquire and others are Appellants, and James Earl of Galloway is Respondent, on Monday the 16th Day of February next.

Sir William Gordon & al. against Lady Newhall.

The like Motion and Order, for hearing the Cause wherein Sir William Gordon & al. are Appellants, and Lady Newhall is Respondent, on the First vacant Day for Causes.

Innes peremptorily to answer E. Breadalbane's Appeal.

The House was informed, "That William Innes, George Lord Rae, Sir James Sinclair, and Patrick Doul, have not put in their Answers to the Appeal of John Earl of Bredalbane, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Mair Notary Public, of the due Service of the said Order, being read:

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

O'Farrell & al. peremptorily to answer O'Farrell's Appeal.

The House was informed, "That James and Richard O'Farrell, Thomas and Francis Fetherston, and Robert Jessop, have not put in their Answers to the Appeal of Roger O'Farrell Gentleman, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Euriall O'Farrell of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Langley peremptorily to answer Quin's Appeal.

The House was informed, "That Samuel Langley had not put in his Answer to the Appeal of Valentine Quin Esquire, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by Cornelius M'Gillymddy of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Hubbart peremptorily to answer McQuillan's Appeal.

The House was informed, "That Elizabeth and William Hubbart have not put in their Answer to the Appeal of Richard M'Quillan and Frances his Wife, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by the said McQuillan, 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.

Hicky to enter into a Recognizance for Quin.

The House being moved, "That Joseph Hicky, of The Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for Valentine Quin Esquire, on account of his Appeal depending in this House; he being in Ireland:"

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

Edgworth against Edgworth:

The House was informed, "That a Person attended, in order to deliver in divers Papers, Pleadings, and Proceedings, in the Cause wherein Edward Edgworth Esquire is Appellant, and Packington Edgworth Esquire and others are Respondents:"

Pleadings proved.

And thereupon he was called in; and, at the Bar, delivered the said Papers; and attested upon Oath, The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Mills against Byrne:

Counsel were called in, to be further heard, in the Cause wherein Michael Mills Clerk is Appellant, and John Byrne and others are Respondents.

And the Second Counsel for the Respondents having been heard, to make Observations on the Evidence produced on their Part;

And the Attorney General heard by Way of Reply:

The Counsel were directed to withdraw.

Further Hearing.

Ordered and Adjudged, That the Order of the Court of Chancery in Ireland, of the 19th of November 1730, over-ruling the Appellant's Plea, and the Decretal Orders of the 3d of March 1731, and of the 15th of December 1732, be, and the same are hereby, affirmed: And it is further Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Sabbati, 24o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Leeds.
Comes Stanhope.
Ds. Lynne.
Ds. Romney.

PRAYERS.

McQuillan against Hubbart.

The Answer of Elizabeth Hubbart and William Hubbart, to the Appeal of Richard M'Quillan and Frances his Wife, was brought in.

Scrope against Offley.

Upon reading the Petition and Appeal of Gervase Scrope Esquire and Anne his Wife, late Anne Offley, Widow of Stephen Offley Esquire, deceased; complaining of a Decree of the Court of Chancery, made the 24th Day of February 1730, in a Cause wherein Joseph Offley Esquire was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed, so far as it relates to the Appellant Anne's Jointure Estate; and that the said Joseph Offley shall be compelled to accompt with the Appellants for the Rents and Profits of the Lands limited to the said Anne, for her Jointure, since the Decease of her late Husband; and that the Injunction granted by the said Court be dissolved, so that the Appellants be at Liberty to sign and enter Judgement upon the Verdict at Law in the Appeal mentioned, and take Possession of the said Jointure Estate; and that the Appellants may be relieved in such Manner as (fn. 2) to this House shall seem meet:"

It is Ordered, That the said Joseph Offley may have a Copy of the said Appeal; and is hereby required to put in his Answer thereunto, in Writing, on or before Saturday the 7th Day of February next.

Forrest against Lothians.

Upon reading the Petition and Appeal of Robert Forrest, sometime Merchant in Edinburgh, now Accomptant General of the Excise there; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the 15th and 22d of February 1734–5, and 12th of June, 26th of July, and 25th of November, 1735, made on the Behalf of George, James, Janet, and Margaret Lothians; and praying, "That the same may be reversed; or that the Petitioner may have such other Relief as to their Lordships shall seem meet:"

It is Ordered, That the said George, James, Janet, and Margaret Lothians, may have a Copy of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the 21st Day of February next; and that Service of this Order on the Agents or Procurators of the Respondents, in the said Court of Session in Scotland, be deemed good Service.

Milis against Byrne:

Counsel were called in, to be further heard, in the Cause wherein Michael Mills Clerk is Appellant, and John Byrne and others are Respondents.

And the Appellant's Counsel being informed by the Lord Chancellor with what the House had Yesterday determined:

They were directed to proceed on the First Exception taken to the Master's Report.

And the Counsel on both Sides having been heard thereupon, and some Proceedings in the Cause read:

They were directed to withdraw.

Ordered and Adjudged, That the Appellant's First Exception taken to the said Report be allowed, as to the Sum of Fifty Pounds and Interest therein mentioned.

Then the Counsel were again called in.

And being heard as to the Second Exception:

It was agreed, that the same be postponed.

After which, the Appellant's Counsel agreed to waive the Third Exception.

And then the Counsel on both Sides were heard, as to the Second and Fourth Exceptions; and several Proofs in the Cause read.

The Counsel were directed to withdraw.

Further Heating.

Ordered and Adjudged, That the Appellants be charged with One Hundred and Sixty Pounds per Annum, for the Lands in Question, for the Years 1725, 1726, 1727, and 1728, and no more; and that the Court of Chancery in Ireland do give Directions for varying the said Report accordingly: And it is further Ordered, That the further Hearing of this Cause be adjourned to Monday next; and that the Cause between Lock and Cholmondeley, appointed for that Day, be put off to Tuesday.

Adjourn.

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

DIE Lunæ, 26o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Cicestriens.
Epus. Sarum.
Epus. Norwic.
Epus. Meneven.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Loudoun.
Comes Balcarris.
Comes Orkney.
Comes Ilay.
Comes Strafford.
Comes Rockingham.
Comes Bristol.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Denham against Stewart.

Upon reading the Petition and Appeal of Alexander Denham, Son to the deceased Sir Robert Denham of Westshiells, very lately come of Age; complaining of several Interlocutors of the Lords of Session in Scotland, of the 15th of July 1725, and of the 18th of November next following, and 1st of February 1725/6; and also of an Interlocutor and Decree of the said Lords, of the Day of the same February, made on the Behalf of Mr. Archibald Stewart Advocate; and praying, "That the same may (fn. 3) be reversed:"

It is Ordered, That the said Archibald Stewart may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 23d Day of February next; and that Service of this Order on the Respondent's Procurators, or Agents, in the Court below, be deemed good Service.

Craik against Craik.

Upon reading the Petition and Appeal of Mary Craik, Eldest Daughter of Adam Craik of Duchroe, deceased, an Infant, by Winefred Maxwell her Mother and Guardian; complaining of several Interlocutors of the Lords of Session in Scotland, of the 7th and 19th of December 1728, 24th of January 1734/5, and 18th of July 1735, made on the Behalf of Jean Craik, Daughter to William Craik deceased, and John Stewart of Castle-Stewart her Husband; and praying, "That the same may be reversed:"

It is Ordered, That the said Jean Craik and John Stewart her Husband may have a Copy of the said Appeal; and are hereby required to put in their Answer to the said Appeal, in Writing, on or before Monday the 23d Day of February next; and that Service of this Order on their Agent or Agents in the said Court of Session be deemed good Service.

Kent's Writ of Error remitted.

The Earl of Strafford reported from the Committee appointed to consider of the Petition of John Kent, an Infant of the Age of Eleven Years, Son and Heir of Robert Kent Gentleman, deceased (who was Plaintiff in a Writ of Error brought into this House the last Session of Parliament); praying, "In regard James May, the other Plaintiff in the said Writ, is also dead; that their Lordships Order of the 2d of May last, limiting the Time for bringing a new Writ of Error, may be enlarged for Six Weeks:" "That the Committee have met, and considered the Matter to them referred; and it appearing to their Lordships, that the said Writ of Error is abated by the Death of both the Plaintiffs in Error; the Committee are of Opinion, that the Record should be remitted back to the Court of King's Bench."

Which Report, being read by the Clerk, was agreed to by the House.

And Ordered accordingly.

E. Stamford, Petition referred to Judges.

Upon reading the Petition of Harry Earl of Stamford, for himself and on the Behalf of Harry Grey Esquire, commonly called Lord Grey, his Eldest Son and Heir Apparent, an Infant; praying Leave to bring in a Bill, to enable the Petitioner and the said Harry Grey his Son to make such Settlement of their Estates in the Petition mentioned, notwithstanding the Minority of the said Harry Grey, as shall be agreed upon between the Parties, in Consideration of his intended Marriage:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Probyn 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.

Parker's Petition referred to Judges.

Upon reading the Petition of George Parker of Boringdon in the County of Devon Esquire, Francis his Younger Son, and Jaquete his Wife, Daughter of John Belfield Serjeant at Law, and of the said John Belfield; praying Leave to bring in a Bill, for vacating certain Grants and Settlements of Lands, in the Petition mentioned, made on the Marriage of the said Francis and Jaquete; and for settling other Lands in Lieu thereof:

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

Sir J. Astley's Petition referred to Judges.

Upon reading the Petition of Sir John Astley Baronet; praying Leave to bring in a Bill, to enable an Exchange of divers Lands, Tenements, and Hereditaments, in Kingston, in the County of Cambridge, of the Petitioner's, for divers Lands, Tenements, and Hereditaments, in Everleigh, in the County of Wilts, belonging to the President and Fellows of Queen's College in Cambridge:

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

Yeamans to enter into a Recognizance for Scrope.

The House being moved, "That John Yeamans Esquire may be permitted to enter into a Recognizance for Gervase Scrope Esquire, on account of his Appeal depending in this House; he being ill in the Country:"

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

Mills against Byrne:

Counsel were called in, to be further heard, in the Cause wherein Michael Mills Clerk is Appellant, and John Byrne and others are Respondents.

And the Appellant's Counsel being informed, by the Lord Chancellor, with what the House had determined on Saturday last:

They were directed to proceed on the rest of the Appellant's Exceptions taken to the Master's Report.

Whereupon the Appellant's Counsel acquainted the House, "That they were willing to waive the 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, and 14th Exceptions."

Which done; the Counsel on both Sides were heard, on the 15th and 16th Exceptions.

And several Proofs in the Cause being read:

The Counsel were directed to withdraw.

But, before they withdrew, the Appellant's Counsel acquainted the House, "They were willing to waive the 17th, being the last Exception."

Ordered and Adjudged, That the Order of the said Court of Chancery, complained of in the said Appeal, for over-ruling the Appellant's Exceptions, be, and the same is hereby, affirmed.

The entire Order and Judgement, on the Hearing and Consideration of this Cause, is as follows:

Judgement.

"After hearing Counsel, as well on Monday, Wednesday, Friday, and Saturday last, as this Day, upon the amended Petition and Appeal of John Rathborne Merchant; complaining of several Orders and Decrees, made by the Court of Chancery in Ireland, in a certain Cause, wherein John Byrne, and Mary and Elizabeth Byrne his Daughters, and Thomas and William Byrne his Sons, Minors under the Age of Twenty-one Years, by the said John Byrne their Father and prochein Amy, were Plaintiffs, and the Appellant William Colvill, John Galbally, Walter Byrne, and Patrick Dayle, and George Byrne another Son of the said John Byrne, were Defendants; and praying, That the same, and all subsequent Orders, Report of the Master, and Proceedings founded thereon, may be reversed and set aside; and that the Appellant may be relieved, either by allowing his Plea put in to the Plaintiffs Bill, or dismissing the said Bill with Costs, or in such other Manner as this House shall think fit: As also upon the Answer of John Byrne Senior, Mary, Elizabeth, Thomas, and William Byrne, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Order of the said Court of Chancery, of the 19th of November 1730, over-ruling the Appellant's Plea, and the Decretal Orders of the 3d of March 1731 and of the 15th of December 1732, be, and the same are hereby, affirmed: And it is further Ordered and Adjudged, That the Appellant's First Exception taken to the Master's Report be allowed, as to the Sum of Fifty Pounds and Interest therein mentioned: And it is further Ordered, upon the Appellant's Second and Fourth Exceptions, That the Appellant be charged with One Hundred and Sixty Pounds per Annum, for the Lands in Question, for the Years 1725, 1726, 1727, and 1728, and no more; and that the said Court of Chancery give Directions for varying the said Report accordingly: And it is further Ordered and Adjudged, That the Order of the said Court, complained of in the said Appeal, for over-ruling the Appellant's other Exceptions, be, and the same is hereby, affirmed."

Adjourn.

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

DIE Martis, 27o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Roffen.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Richmond.
Dux Leeds.
Dux Rutland.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
March. Lothian.
Comes Northampton.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Jersey.
2. Comes Cholmondeley.
1. Comes Morton.
Comes Craufurd.
Comes Selkirk.
Comes Balcarris.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Strafford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Viscount Lymington.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hardwicke.

PRAYERS.

Sir Lister Holt against Lowe.

Upon reading the Petition and Appeal of Sir Lister Holte Baronet, an Infant, by his Grandmother and next Friend, and Francis Welles Gentleman; complaining of an Order of the Court of Exchequer, made the 9th Day of November 1734, in a Cause wherein the Appellants were Plaintiffs, and Robert Lowe Esquire Defendant; and praying, "That the same may be reversed and set aside; and such other Order made as to their Lordships shall seem meet:"

It is Ordered, That the said Robert Lowe 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 10th Day of February next.

Trotter against E. Marchmont & al.

A Petition of Alexander Earl of Marchmont and Andrew Hogg, Respondents to the Appeal of Henry Trotter Esquire, was read; praying, "In regard the Petitioners Papers are not yet come from Scotland, that the Hearing of this Cause may be put off for Three Weeks."

And thereupon the Respondents Agent having been called in, and examined, at the Bar, upon Oath, whether any, or what, Notice had been given to the Appellant, or his Agent, of this Application:

He was directed to withdraw.

Ordered, That the Hearing of the said Cause be put off to Wednesday the 11th Day of February next.

Lock against Cholmondeley.

Counsel were called in, to be heard, in the Cause wherein William Lock and John Herring Esquires are Appellants, and the Executors of the late Earl of Londonderry and others Respondents:

And the Appellants Counsel having been fully heard, and several Proceedings and Proofs on their Part read:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Mercurii, 28o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Petriburg.
Epus. Cicestriens.
Epus. Sarum.
Epus. Landav.
Epus. Meneven.
Epus. Norwic.
Epus. Glocestr.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Leeds.
Dux Rutland.
Dux Montagu.
Dux Buccleuch.
Dux Atholl.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Albemarle.
Comes Cholmondeley.
Comes Morton.
Comes Loudoun.
Comes Balcarris.
Comes Orkney.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
2. Comes Stanhope.
1. Comes Cowper.
Comes Harbrough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Lynne.
Ds. Hervey.
Ds. Cathcart.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Mason against Sir Bibye Lake & al.

The several Answers of Sir Bibye Lake Baronet, John Willes Esquire, His Majesty's Attorney General, and Benjamin Stoakes Gentleman, to the Appeal of Charles Mason Esquire, were brought in.

Standard & al. against Meetkerke.

Upon reading the Petition and Appeal of Barbara Standard Spinster, a Lunatic, by Thomas Pomfrett her Committee, and of the said Thomas Pomfrett; complaining of a Decree of the Court of Chancery, the 5th Day of December 1734, made on the Behalf of Adolphus Meetkerke Junior, Esquire, Son and Heir, and also Executor of the last Will and Testament, of Adolphus Meetkerke Senior, Esquire, deceased, and Penelope Meetkerke, Widow and Executrix of the said Adolphus Meetkerke Senior, deceased, and Mary Wickham; and praying, "That the same may be reversed; and that the several Indentures of the 2d, 10th, and 11th Days of March 1720, in the Appeal mentioned, may be set aside, and delivered up to be canceled; and that a pretended stated Accompt of the 2d of the said March, in the Appeal also mentioned, may be opened and unraveled; and that the said Adolphus Meetkerke, who has confessed Assets of his Father, may accompt with the Appellant for the Rents, Profits, and Produce, of the said Appellant Barbara's Real and Personal Estates; and that the Appellants may have such further and other Relief as to this House shall seem just:"

It is Ordered, That the said Adolphus Meetkerke Junior and Mary Wickham may have a Copy or the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 11th Day of February next.

Wither & al. against Dr. King.

Upon reading the Petition and Appeal of Andrew Wither Esquire, Frances Wither Widow, Dorothy Wither Spinster, Herrietta Maria Wither and Ann Wither, Infants, by the said Frances Wither their Mother and Guardian; complaining of a Decree of the Court of Chancery, the 11th of July last, made in a Cause wherein William King Doctor of Laws, Administrator of Henrietta Maria his late Wife, deceased, who was the only Daughter of Charles Wither Esquire, the Father, deceased, was Plaintiff, and the Appellants and others were Defendants; and praying, "That the same may be reversed; and that the Appellants may be otherwise relieved, as to the House shall seem meet:"

It is Ordered, That the said Doctor King may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 11th Day of February next.

Attorney General & al. against Mason & al.

Upon reading the Petition and Cross Appeal of John Willes Esquire, His Majesty's Attorney General, for and on Behalf of His Majesty, and also of Benjamin Stoakes Gentleman, Executor of Joseph Newell, lately deceased; complaining of an Order of the Court of Chancery, of the 15th Day of January 1733, over-ruling the said Newell's First Exception to the Master's Report, and also from the Order of the 16th of January 1734, allowing the 3d Exception taken to the said Report, by Charles Mason Esquire, as to the Sum of One Thousand Six Hundred Seventy-six Pounds, Ten Shillings, and Five Pence; and likewise of the Lord Chancellor's refusing to allow a canceled Note in the Appeal mentioned, of the said Newell, to the said Mason, to be read as Evidence; and praying, "That the said Orders may be reversed; and that such Relief may be given to the Appellants as to the House shall seem meet:"

It is Ordered, That Charles Mason Esquire aforementioned and Sir Bibye Lake may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 11th Day of February next.

Lord Charles Cavendish's Petition referred to Judges.

Upon reading the Petition of Charles Cavendish Esquire, commonly called Lord Charles Cavendish; praying Leave to bring in a Bill, to discharge certain Estates, in the Counties of Hertford and Bedford, bought of Sir George Warburton, from all the Trusts of the Petitioner's Marriage Settlement; and thereby to enable a Sale thereof, in order to lay out the Money arising thereby in a Purchase of Lands more convenient for the Petitioner:

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.

Lock & al. against Cholmondeley.

After hearing Counsel, as well Yesterday as this Day, upon the amended Petition and Appeal of William Lock and John Herring Esquires; complaining of an Order of Dismission of the Court of Chancery, the 11th Day of December 1731, and another Order of the same Court, on re-hearing of the Cause, the 28th Day of February 1732, affirming the said former Order, made in a Cause wherein the Appellants were Plaintiffs, and Thomas late Earl of Londonderry and others were Desendants; and praying, "That the same may be reversed, and such Relief given to the Appellants as to the great Wisdom of the House shall seem meet:" As also upon the several Answers of Charles Cholmondeley Esquire, Sir William Chapple Knight, Serjeant at Law, and Jasper Blythman, the Three acting Executors of the said late Earl, Ridgeway Pitt Esquire Earl of Londonderry, Frances Harrison Widow and Administratrix of Edward Harrison Esquire, deceased, and Isaac Franks, Nathaniel Jacobs Gentleman, Administrator of John Law Esquire, deceased, and Richard Philips, Administrator of Jonathan Holloway deceased, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Orders therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Frances Harrison and Isaac Franks, the Sum of Ten Pounds apiece, for their Costs in respect of the said Appeal.

Morgan, Time to bring an Appeal.

The House was informed, "That Thomas Morgan of the Town of Cardiff, in the County of Glamorgan, designing to bring an Appeal from a Decree and Proceedings in the Chancery of the Great Sessions for the Counties of Glamorgan, Brecon, and Radnor, gave Directions for sending all the Papers relating to his Cause to London; but the same, by some Accident, are not yet brought."

And it being thereupon moved, "That the said Thomas Morgan may be allowed Fourteen Days longer Time for lodging an Appeal:"

An Affidavit made by him, to verify the Truth of the said Accident, was read.

Ordered, That the said Thomas Morgan be allowed Fourteen Days longer Time for lodging an Appeal, as desired.

Hall, Administrator of Clark, against Digby & Ux.

A Petition of Richard Digby and Anne his Wife, Respondents to the Appeal of Augustine Clerk, depending in this House, was presented, and read; praying, In regard the Petitioners cannot be ready for an Hearing of their Cause by the Time appointed, that the same may be put off to such further Day as the House shall think fit."

And thereupon the Agents on both Sides having been called in, and heard at the Bar:

They were directed to withdraw.

Ordered, That the Hearing of the said Cause be adjourned to Wednesday the 28th Day of February next.

Baldwin & al. against Van Charrante & al.

Upon reading the Petition and Appeal of Thomas Baldwin, of the Parish of St. Margaret's Westminster, in the County of Middlesex, Gentleman, and Andrew Chalmer, Writer in Edinburgh, Trustee of the said Thomas Baldwin; complaining of an Interlocutory Sentence of the Judge of the High Court of Admiralty in Scotland, of the 21st of December 1731, and of the several Interlocutory Sentences of the Lords of Session in Scotland, of the 12th and 31st Days of July and 14th Day of December 1733, the 15th and 26th Days of January 173¾, the 13th of December 1734, the 25th of June and 22d of July 1735, made on the Behalf of Gabriel Van Charrante, Henry Brumer Steirsman, and Valli, & Alexander Arbuthnot and Company, their Factors, and other Parties competing with the Appellants in the Cause; and praying, "That the said Interlocutory Sentences may be reversed; and that the Interlocutors of the said Lords of Session, of the 21st of November 1733 and 11th of December 1734, may be affirmed; and such other Relief granted as to the House shall seem just."

It is Ordered, That the said Gabriel Van Charrante and the other Parties aforementioned may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 25th Day of February next; and that Service of this Order upon the Agent, Solicitors, or Procurators, of the said Parties, before the said Court of Session and Court of Admiralty, be deemed good Service.

Berkeley & al. against Fox & al.

Upon reading the Petition and Appeal of the Honourable Henry Berkeley Esquire, Jane Chaplain Widow, Robert Lackford, Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix; complaining of a Decree and Order of Dismission of the Appellants Cross Bill in the Court of Exchequer, with Costs, made the 6th Day of November last; and praying, "That the same may be reversed; and that such Order and Decree may be made for the Appellants Relief, as the House shall think proper:"

It is Ordered, That John Fox, Vicar of Lakenham, in the County of the City of Norwich, and the Dean and Chapter of Norwich, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or repective Answers thereunto, in Writing, on or before Wednesday the 11th Day of February next.

Edgworth against Edgworth & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Packington Edgworth and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.

Adjourn.

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

DIE Veneris, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Landav.
Epus. Meneven.
Epus. Glocestr.
Ds. Talbot, Cancellarius.
Comes Berkshire.

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 Mercurii, quartum diem Februarii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Deest in Originali.
3 Deest in Originali.