House of Lords Journal Volume 26
January 1744, 21-31

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History of Parliament Trust

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Year published

1767-1830

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293-300

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'House of Lords Journal Volume 26: January 1744, 21-31', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 293-300. URL: http://british-history.ac.uk/report.aspx?compid=114186 Date accessed: 26 October 2014.


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January 1744, 21-31

DIE Martis, 24o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Herbert.

PRAYERS.

Colonel Stratton against Skinner & al.

The joint and several Answer of David Skinner and others, to the Appeal of Colonel Straton, was brought in.

E. of Home against Clark.

As was also, the Answer of Jacobina Clark, One of the Respondents to the amended Appeal of William Earl of Home.

His Majesty's Answer to Address.

The Earl Fitzwalter reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on Thursday last, for a Copy of the Estimate of the Charge of the Troops of Hanover, in the Pay of Great Britain, for the Year 1744; and also for a State of the National Debt; and that His Majesty was pleased to say, He would give Orders accordingly."

E Breadalbane against Menzies & al. & è contra.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Earl of Breadalbane and His Majesty's Advocate for Scotland are Appellants, and James Menzies of Culdairs Esquire and Angus McDonald of Kenknock Respondents, et è contra:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 15th Day of February next.

Clarke & al. Petition for a Bill to sell Bagnal's Estate, referred to Judges.

Upon reading the Petition of Godfrey Clarke Esquire and Anne Clarke his Wife, for themselves and on the Behalf of Godfrey Bagnall Clarke, their only Son, an Infant; and also of Richard Davenport Esquire and Phebe Davenport his Wife; praying Leave to bring in a Bill, for Sale of a House and Lands at Roughampton, in the Parish of Putney, in the County of Surrey; and to lay out the Money produced by such Sale, in the Purchase of another Estate, to be settled to the Uses of the Will of Joseph Bagnall of Roughampton aforesaid Esquire, deceased:

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 Burnett; with the usual Directions, according to the Standing Order.

Bowater's Petition referred to Judges.

Upon reading the Petition of Edward Bowater Esquire and Charlotte Bowater his Wife; praying Leave to bring in a Bill, for Sale of an Estate at Woolwich, in the County of Kent; and for laying out the Money arising thereby in the Purchase of another Estate, to be settled to the Uses of the Petitioner's Marriage Settlement:

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

Witham against Lewis; and Martin against Strachan: Writs of Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up Two Writs of Error; in the First of which,

John Leybourn Witham Esquire is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant:

and in the other, John Martin is Plaintiff, and John Strachan the Younger Esquire and Luke Harrison are Defendants.

Estimate of the Charge of Hanover Troops delivered:

The House being informed, "That Mr. Baker, from the War Office, attended:"

He was called in; and delivered, at the Bar,

"Estimate of the Charge of the Troops of Hanover, in the Pay of Great Britain, from the 26th of December 1743, to the 25th of December 1744."

And then he was directed to withdraw.

Ordered, That the said Estimate do lie on the Table.

To be considered.

Ordered, That the same be taken into Consideration on Friday next; and the Lords to be summoned.

Grant & al. against Duguid.

Upon reading the Petition and Appeal of Alexander Grant of Grantsfield, and John Thain Advocate in Aberdeen; complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th of February 1742/3, and of their Adherence thereto, the Fourth of this Instant January, made on the Behalf of James Duguid; and praying, "That the same may be reversed, varied, or amended; and that the Appellants may have such other Relief as to the great Wisdom and Justice of this House shall seem meet:"

It is Ordered, That the said James Duguid 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 21st Day of February next; and that Service of this Order on his Agents or Procurators in the Court below be deemed good Service.

Moravia against Wintle; Writ of Error; Non pros'd.

Upon reading the Petition of William Wintle, Defendant in a Writ of Error depending in this House, wherein Moses Moravia is Plaintiff; praying, "In regard the said Plaintiff has not assigned Errors within the Time limited by the Standing Order of this House, that the said Writ of Error may be Non pros'd:"

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, asdesired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Adjourn.

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

DIE Mercurii, 25o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Sandwich.
Comes Doncaster.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Berkeley.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Home.
Comes Loudoun.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Raymond.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Chatham Road, Bill.

The Earl of Rockingham reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Viscountess Dowager Doneraile admitted a Pauper.

A Petition of Catherine Sarah Viscountess Dowager Donneraile Widow, was presented to the House, and read; praying, "That she may be admitted to prosecute her Appeal in Forma Pauperis; and that Mr. Attorney General and Mr. Solicitor General may be assigned as her Counsel, and Mr. John Sharpe of Lincoln's Inn as her Solicitor."

And thereupon an Order, made by the Court of Chancery in Ireland, admitting the Petitioner to sue there in Forma Pauperis; and an Affidavit, made before a Master in Chancery here, "That she is not worth Five Pounds in worldly Substance," being read:

Ordered, That the Petitioner be admitted to prosecute her Appeal in Forma Pauperis; and that the Counsel and Solicitor be assigned, as desired.

Address for separate Articles relative to the Treaty of Worms, refused.

Moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to give Orders, that there be laid before this House all and every separate Articles, Acts, Declarations, or Conventions, belonging or relating to the Treaty concluded between His Majesty, the Queen of Hungary, and the King of Sardinia, at Worms, on the 2d of September 1743; and likewise all Declarations, Conventions, or Instruments, signed by His Majesty's Ministers and the Ministers of the Queen of Hungary, since the Conclusion of, but relative to, the Execution of the said Treaty."

The same being objected to;

And Debate thereupon:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Thunn's Nat. Bill:

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Rudolff Thunn of London Merchant," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be (fn. 1) true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

18th March, 1744, Hitherto examined by us,

Portland.
Shaftesbury.
Willoughby.

DIE Veneris, 27o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Chatham, Road Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Third Year of the Reign of His present Majesty, for repairing and widening the Road from that Part of Chatham which lies next to the City of Rochester, to St. Dunstan's Cross, near the City of Canterbury, in the County of Kent."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Allen:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Carre's Bill.

The Lord Bishop of Landaff reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Mr. John Carre of Cavers Advocate to sell Lands, in the County of Roxburgh, for Payment of Debts charged thereon; and with the Surplus Money (if any) to purchase other Lands, to be settled to the same Uses as the Lands to be sold are settled," was committed: "That they had considered the said Bill, and examined the Allegations thereof; which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be engrossed.

Cliffe's Petition referred to Judges.

Upon reading the Petition of Henry Cliffe of Sutton in the County of Surrey Esquire, Mary Cliffe and Margaretta Eleonora Cliffe, in the Parish of St. James, Westm'r, in the County of Midd'x, Spinsters, Sisters of the said Henry Cliffe; praying Leave to bring in a Bill, to enable the Trustees named in the Will of Richard Cliffe of Sutton aforesaid Esquire, the Petitioner Henry's late Brother, deceased, to sell certain Estates in the Counties of Southampton and Surrey, comprized in the said Will, for discharging his Debts, Funeral Expences, and Legacies, or such Part thereof as they shall think necessary for that Purpose; and for laying out the Surplus Money, if any there shall be, in the Purchase of another Estate, to be settled to the same Uses:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Order.

Sir Edward Pickering and others, Leave for a Bill.

Upon reading the Petition of Sir Edward Pickering Baronet, Thomas Peach Esquire, and others, whose Names are thereunto subscribed; praying Leave to bring in a Bill, for establishing certain Articles of Agreement in the Petition mentioned, bearing Date the 13th of September last, for an Exchange between the Petitioners, for the respective Rights of Common, lying in the Parish, Township, or Hamlet, of East Langton, West Langton, Church Langton, and Thorp Langton, in the County of Leicester:

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

Clarkes to take the Name of Stewart, Leave for a Bill.

Upon reading the Petition of Edward Stewart, lately called Edward Clarke, and James Stewart Stewart, lately called James Stewart Clarke, an Infant, by Isabella Clarke Widow, his Mother and Guardian; praying Leave to bring in a Bill, for establishing and confirming the Name of Stewart upon the said Edward and James Clarke, pursuant to the Will of James Stewart, late of North Shields, in the Parish of Tinmouth, in the County of Northumberland, deceased, and the Issue of their respective Bodies:

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

Estimate of the Charge of the Hanover Troops, considered;

The Order of the Day being read, for taking into Consideration the Estimate laid before this House, on Tuesday last, of the Charge of the Troops of Hanover, in the Pay of Great Britain, from the 26th of December 1743, to the 25th of December 1744:

It was moved, "To resolve, That an humble Address be presented to His Majesty, earnestly beseeching His Majesty, that, in Consideration of the Jealousies and Discontent of His faithful Subjects at Home and His British Forces Abroad, He would be graciously pleased to give Orders, that the Sixteen Thousand Hanoverians be no longer continued in the Pay of Breat Britain, being prejudicial to the Public Service, inconsistent with the true Interest of His Majesty, and dangerous to the Tranquillity and Welfare of the Nation."

Address that they may be no longer continued in the Pay of Great Britain, refused.

Which being objected to;

And Debate thereupon:

The Entry in the Journal, of the 9th of December last, on the Motion then made, for an Address to His Majesty, "That the Sixteen Thousand Hanoverians, in the Pay of Great Britain, be no longer continued after the 26th of that Month," was read.

And, after further Debate;

It was proposed, by Way of Amendment to the Question moved, "To add, after the Words ["be no longer continued in the Pay of Great Britain"], these Words ["after the 25th Day of March next"]."

And the same was agreed to.

Then the previous Question was put, "Whether the said Question, so amended, shall be put?"

It was Resolved in the Negative.

Ordered, That this House will take into further Consideration the said Estimate, on Tuesday next; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 30o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.

PRAYERS.

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 Martis, tricesimum primum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 31o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffens.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Huntingdon.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Doncaster.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Holderness.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Morton.
Comes Moray.
Comes Home.
Comes Dunmore.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Byron.
Ds. Berkeley Str.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Sir Richard Mead against Webb.

The Answer of Daniel Webb Esquire, to the Appeal of Sir Richard Mead Baronet, was brought in.

Marshall against Vaughan.

As was also, the joint and several Answer of John Vaughan, Ann Morris, and William Savage, Three of the Respondents to the Appeal of Hugh Marshall and others.

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, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Grant to enter into Recognizance for Grant & al.

The House being moved, "That Lodowick Grant Esquire may be permitted to enter into a Recognizance for Alexander Grant and John Thain Advocate, on account of their Appeal depending in this House; they being in Scotland:"

It is Ordered, That the said Lodowick Grant may enter into a Recognizance for the Appellants, as desired.

E. of Plimouth's Petition referred to Judges.

Upon reading the Petition of Elizabeth Lewis Widow, William Fortescue Esquire, and Thomas Archer Esquire, Guardians and Trustees for and on the Behalf of the Right Honourable Other Lewis Earl of Plimouth, an Infant, only Child of Other late Earl of Plimouth, deceased, by Elizabeth late Countess of Plimouth, also deceased, who was the Daughter and only Child of Thomas Lewis Esquire, deceased, by the said Elizabeth Lewis; praying Leave to bring in a Bill, for empowering them to issue such Sum of Money, out of the Personal Estate of the Earl of Plimouth, to be applied toward such Purchase as the Court of Chancery shall order and direct; and for other Purposes in the Petition mentioned:

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. Baron Clarke; with the usual Directions, according to the Standing Order.

L. Abergagavenny's Petition referred to Judges.

Upon reading the Petition of William Lord Abergavenny; praying Leave to bring in a Bill, for empowering the Trustees named in an Act of Parliament, passed in the Sixth Year of His present Majesty, to apply the Sum of Ten Thousand Pounds, for the Purchase of a Mansion House and Estate, in Sussex, in the Petition mentioned; and for settling the same, when purchased, to the Uses limited by the said Act:

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 Burnett; with the usual Directions, according to the Standing Order.

Powys & al. Petition referred to Judges.

Upon reading the Petition of Edward Powys Esquire and Katherine his Wife, for themselves and on Behalf of Penelope and Jane their Two Daughters, who are both Infants; praying Leave to bring in a Bill, for Sale or Mortgage of so much of the Estates in the Counties of Chester and Stafford, which were settled on the Petitioners Marriage, as will be sufficient to raise and pay the Debts of the Petitioner Edward; and for extinguishing the Power of both the Petitioners to make Leases for Lives, and the Power of the Petitioner Edward to commit Waste upon the said settled Estate:

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 Burnett; with the usual Directions, according to the Standing Order.

Hobbes & al. Petition referred to Judges.

Upon reading the Petition of Martha Hobbes, the Widow and Relict of Rodolph Hobbes Gentleman deceased, on Behalf of herself and her Two Infant Sons (by the said late Husband) Robert Hobbes and Thomas Hobbes; praying Leave to bring in a Bill, for Sale of the Freehold and Copyhold Estates, in West Wycombe, in the County of Bucks, in the Petition mentioned, for Payment of the Debts chargeable thereupon; and for making a Provision for the Petitioner and her said Children, out of the Surplus arising by such Sale:

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

Mareham le Fen Common Enclosure; Banks & al. Leave for a Bill.

Upon reading the Petition of William Banks Esquire Lord of the Manor of Mareham Le Fen in the County of Lincoln, the Reverend Henry Shepherd Rector of the Parish of Mareham Le Fen, and Bennet Langton Esquire, Richard Kellam, John Wood, William Clark, Edward Robinson, and Joseph Slater, Proprietors or Owners of divers ancient Farms, Cottages, or Toststeads, within the said Manor and Parish, on the Behalf of themselves and other the Proprietors or Owners of ancient Farms, Cottages, or Toststeads, within the said Manor and Parish; praying Leave to bring in a Bill, for enclosing and dividing a certain Common within the said Manor, called The Severals and the Moor:

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

Estimate of the Charge of the Troops of Hanover considered.

The Order of the Day being read, for taking into further Consideration the Estimate of the Charge of the Troops of Hanover, in the Pay of Great Britain, from the 26th of December 1743, to the 25th of December 1744:

Motion for a Resolution, that the continuing the Hanoverian Forces in the Pay of Great Britain is prejudicial to the Interest of the King, &c.:

It was moved, "To resolve, That it is the Opinion of this House, that the continuing the Sixteen Thousand Hanoverians in the Pay of Great Britain is prejudicial to the true Interest of His Majesty, useless to the common Cause, and dangerous to the Welfare and Tranquillity of this Nation."

And the same being objected to:

After long Debate thereupon;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because we conceive that the Demand made in the Estimates, for the Continuance of the 16,000 Hanoverians in the Pay of Great Britain, for the ensuing Year, rendered the Interposition of this House, against so fatal a Measure, the more necessary, inasmuch as it seemed now to be the only Means left to prevent it.

"2dly, Because we apprehend that every National Purpose, pretended to be answered by these Hanoverians, may be more effectually served by an equal Number of Troops, supposing such a Number to be necessary, free from the same Objections; either of other Foreign Mercenaries, who will thereby be prevented from engaging with our Enemies (of which the Hanoverians, when unpaid by us, cannot, we assure ourselves, be suspected); or at least (which is evidently practicable even at this Time) partly of Mercenaries, and partly out of the great and extraordinary Establishment of National Troops now in this Kingdom.

"3dly, Because it appears to us, that these Hanoverians, though in the Pay, can hardly be said to have been in the Service, of this Nation. Some refused to form in the First Line, at the Battle of Dettinghen, and retired to the Second; others refused to obey the Orders of the Brittish General and march in Pursuit of the Enemy, after the Battle; and the greatest Number of 'em, who, together with some of the Brittish Guards, composed what was called the Rear Guard, under the Command of a Hanoverian Lieutenant General, took a different Route in the March from the rest of the Army from Aschaffembourg, and such a one as not only rendered 'em wholly useless to the Army when the French attacked us in Front, but would have rendered 'em equally useless if the French from Aschaffembourg (where we left the Passage open to 'em) had attacked us in the Rear; in which, it was pretended, that these Troops were left as in the Post of Honour: Nay, not contented to avoid being of any Use either in the Front or in the Rear, but determined to be of Use no where, they halted as soon as they came within Sight and Reach of the Battle, though pressed by the Brittish Officer, and invited by the Ardour of the Brittish Soldiers to share the Glory, and compleat, as they might have done, the Victory of the Day: These Facts (together with many others which we omit) asserted in the Debate, in Presence of many Lords of this House who served the last Campaign, denied by none of 'em, and confirmed in general by a Noble Duke of the highest Rank and Character, prove (as we conceive) these Troops to be useless, at least if Action be intended; and we will not represent even to ourselves what Reasons there can be for demanding 'em, if Action be not intended.

"4thly, Because if, as it was insinuated in the Debate, other Mercenaries could not be relied on, as belonging to Princes of the Empire inclined to or engaged with our Enemies, these Hanoverians would, as we conceive, in Consequence, be useless to the Common Cause; since it would be in the Power of those very Princes, by only marching their Troops into proper Places, to recall these Mercenaries from us, and confine 'em to the Defence of their own Electorate, or disarm 'em at least by a Second Neutrality.

"5thly, Because it has not been pretended that the Administration has so much as endeavoured to obtain any other Foreign Troops whatsoever, notwithstanding the long Notoriety of the universal and deeply-rooted Dissatisfaction of the Nation at the present Measure; a Neglect so unaccountable and surprizing to us, that, we fear, the Nation will rather suspect that we are to have no other Troops, than believe that no others are to be had.

"6thly, Because we conceive that the future Cooperation of our National Troops with these Mercenaries has been rendered impracticable, and even their Meeting dangerous: We think it therefore indispensably incumbent upon us, to remove the Object that occasioned the many Instances of Partiality, by which the Hanoverians were unhappily distinguished, and our brave Fellow-subjects the British Forces undeservedly discouraged. The constant Preference in Quarters, Forage, &c. we wish no Occasion had been given to remember; but we cannot here pass over in Silence the Hanoverian Guards having for some Days done Duty upon His Majesty, at Aschaffembourg, which we look upon as the highest Dishonour to His Majesty and this Nation; and are therefore astonished to observe an unusual and, to every other Purpose, useless Proportion of Hanover Guards continued upon the Estimate.

"7thly, Because we apprehend that the Argument urged in Opposition to this Question, namely, "That the withdrawing these 16,000 obnoxious Mercenaries would, by weakening our Army in the next Campaign, alarm our Allies, and encourage our Enemies," is fully obviated by the Methods we have mentioned above of replacing 'em; some, if not all, of which (notwithstanding the, to us, unaccountable Negligence of the Administration) arestill undeniably practicable; nor can we conceive, in any Case, that the removing the Causes of Discord and Division tends to the weakening of that Body from whence they are removed; and we are of Opinion, that our Allies would not (whatever our Enemies might) regret the Loss of those Troops the next Year, which, by Experience, they found so useless the last.

"8thly, Because we apprehend that the most fatal Consequences must ensue, should this Nation be once possessed with an Opinion, that the Discouragements and Mortifications which our Fellow-subjects of the Army have received Abroad, were derived from any Distrust or Dislike of the British Nation. We are far from entertaining any such Opinion, though some Degree of Foreign Partiality may have given indeed Occasion to these Discouragements and Mortifications; and though we cannot help ascribing 'em likewise to some abject Flattery and criminal Misrepresentation, which this Partiality, blameless in itself, has unhappily given Occasion to, and by which, in its Turn, it has been somented: But how groundless soever such an Opinion may be, it may still prevail, and the Appearances we lament may produce the Effects we dread. The Motives to that Concern that has been expressed in this House, and to the loud Dissatisfaction that has been expressed every where else, are in themselves of great Importance, and such as would deserve, even if they stood alone, the serious Consideration and seasonable Interposition of this House; but we confess that they appear to us still more important, when we consider 'em relatively to Things of the same Nature, less apparent indeed, but equally real, and more detrimental perhaps, if not more dishonourable, to this Nation; for more dishonourable they may be thought, if a continued Principle of Conduct, whereby the Interests of One Country are carried on in Subordination to those of another, constitutes the true and mortifying Definition of a Province. We will not here call to Memory any former Measures of this Kind, nor recapitulate all the Instances that might be given, wherein the Blood and Treasure of this Nation have been lavishly employed, when no One Brittish Interest, and (as we conceive) some Foreign Interest alone, was concerned. Some of these Instances were touched in the Debate, most of 'em are well known, and all of 'em are at this Time, by the Course of Events, manifested to Publick View: The former were long hid and disguised under political Veils, the present could not by their Nature be so; they are such, as strike every One equally from the highest Officer to the common Soldier, and carry along with 'em, not only their own Weight, but the Weight of all those that preceded 'em; they are such, therefore, in our Opinions, as must affect, in the most fatal Manner, both the Peace and Security of His Majesty, and His Royal Family, and the common Cause in which we are now, and may hereafter be, engaged. The present Royal Family was justly called to the Throne of Great Britain, in order to secure to us our Civil as well as our Religious Rights, and to remove every false and foreign Bias from our Administration: The Happiness and Security, therefore, both of King and People, consists in the inseparable Union of all these Interests with the Interest of the Crown. In a just Confidence that these National Views were those of the present Royal Family, this Nation has done every Thing that could engage 'em to adhere to 'em, and has given to His late and present Majesty far greater Sums than were ever given in similar Circumstances to any of their Royal Predecessors. Whoever goes about to sever the Interests of the Crown from any National Interests, is an Enemy to both; and every Measure that does so, tends to destroy both: It is to guard against such Attempts, that our Zeal for our King and our Country exerts itself on this great Occasion; as our most earnest Desire is, that His Majesty's Throne should be established in the Hearts of His People; and as we are struck with Horror at every Object that can alienate His Affections from them, or theirs from Him. How much these unfortunate Circumstances have already weakened the natural Influence of Great Brittain, in Pursuit of the common Cause of Europe, is but too apparent in Fact, and could not be otherwise in the Nature of Things. Great Brittain is a powerful Kingdom; and whenever she has acted in her true Character, and aimed at that great and noble View alone, of maintaining a Balance between the Powers of Europe, for the common Interests of all, the Effects have been answerable to the Cause; and her Insluence in Germany, saved by her Arms, and supported by her Treasures, in the last War, was, as it ought to be, and as it has been every where else, superior. But should it ever appear that an inferior German Principality is really, and Great Brittain only nominally, the Director and Actor, such a Change in the Cause must necessarily produce a deplorable Difference in the Effect; and Hanover, that can give neither Strength nor Consideration to Great Brittain, may thus diminish the One, and take the other wholly away.

"Ancaster, G. C.
Westmorland.
Stamford.
Sandwich.
Shaftesbury.
Talbot.
Thanet.
Montjoy.
Coventry.
Dunk Halifax.
Bridgewater.
Denbigh.
Gower.
Ailesbury.
Chesterfield.
Litchfield.
Boyle.
Bedford.
Oxford & Mortimer.
Hervey.
Abingdon.
Foley.
Strafford.
Beaufort.
Huntingdon."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Deest in Originali.