House of Lords Journal Volume 22: January 1724

January 1724

Anno 10^o Georgii Regis.

DIE Jovis, Nono Januarii, 1723.

DIE Jovis, Nono Januarii, 1723, Annoque Regni Serenissimi Domini Georgii, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hiberniæ Regis, Fidei Defensoris, &c. Decimo; in quem Diem præsens hæc Secunda Sessio Parliamenti, per separales Prorogationes, continuatum suerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, præsentes fuerunt:

REX.

Georgius Princeps Walliæ.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; the Lord Chancellor, on his Knee, received Directions from His Majesty; who, at the same Time, delivered a Paper into his Lordship's Hand; and being returned to his former Place at His Majesty's Right Hand, His Majesty spake as follows:

"My Lords, and Gentlemen,

"I have given Order to my Lord Chancellor, to declare to you, in My Name and Words, the Causes of your meeting at this Time in Parliament."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"I have received His Majesty's Commands, from the Throne, to declare to you, in His Majesty's Name and Words, the Causes of your meeting at this Time in Parliament, as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"I cannot open this Session without congratulating you upon the Success of your Endeavours, last Year, for the Safety, Interest, and Honour, of the Kingdom. The Rise of public Credit, the flourishing Condition of our Trade and Manufactures, and the general Tranquillity of My People, are the happy Consequences of your prudent Resolutions. It is to be hoped that the few Examples which were made, of some notorious Offenders, will be sufficient to deter the most disassected from engaging in the like desperate and wicked Practices. The Augmentation you thought fit to make to our National Forces, by Sea and Land, has not only secured the general Quiet of the Kingdom against any sudden Attempts or Insurrections; but has also given Me such Weight and Credit, in all Foreign Negotiations, as greatly contribute towards the Preservation of the Peace of Europe.

"Gentlemen of the House of Commons,

"I will order the proper Officers to lay before you the Estimates for the Service of the current Year: I desire such Supplies only as you shall find absolutely necessary for preserving the Peace of the Kingdom, and for the Security of My People; and those, I hope, may be raised, without laying any additional Charge or Burthen on My Subjects.

"I must, in a particular Manner, recommend to your Care the public Debts of the Kingdom, as the most National Concern you can possibly take into your Consideration: I am persuaded, it must be a very great Satisfaction to all My faithful Subjects, to see the Sinking Fund improved and augmented, and the Debt of the Nation thereby put into a Method of being so much the sooner gradually reduced and paid off. It would be a Work truly worthy of a British Parliament, to begin this commendable Undertaking; and to make such a Progress therein, as, with a strict Regard to public Faith and private Property, may pave the Way to this great and desirable End.

"My Lords, and Gentlemen,

"In the present happy Situation of our Affairs, I have nothing more to recommend to you, than that you would make Use of the Opportunity which your own good Conduct has put into your Hands, in considering of such farther Laws as may be wanting, for the Ease and Encouragement of Trade and Navigation, for the Employment of the Poor, and for the exciting and encouraging a Spirit of Industry in the Nation.

"I am fully satisfied that the Trade and Wealth of My People are the happy Effects of the Liberties they enjoy, and that the Grandeur of the Crown consists in their Prosperity; and I am as fully persuaded that all, who wish well to their Country, must agree with Me, that it is the vainest of all Delusions, to imagine that the Religion, Laws, and Liberties, of this Kingdom, can ever be secured, but by supporting the present Establishment, and maintaining the Succession in the Protestant Line: Let us therefore heartily join in every Thing that may tend to promote our mutual Happiness, and to extinguish the Hopes of those who long have been, and still are, restless in their Endeavours to subject this Nation to the whole Train of Miseries that are inseparable from Popery and arbitrary Power."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Lords take the Oaths.

This Day Charles Duke of Somerset and Charles Lord Boyle came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. of Richmond takes his Seat.

Charles Duke of Richmond sat first in Parliament, upon the Death of his Father Charles Duke of Richmond.

D. of Ancaster takes his Seat.

Peregrine Duke of Ancaster and Kesteven, Lord Great Chamberlain of England, sat first in Parliament, upon the Death of his Father Robert Duke of Ancaster and Kesteven, Lord Great Chamberlain of England.

E. of Radnor takes his Seat.

Henry Earl of Radnor sat first in Parliament, upon the Death of his Uncle Charles Bodville Earl of Radnor.

E. of Albemarle takes his Seat.

William-Anne Earl of Albemarle sat first in Parliament, upon the Death of his Father Arnold Joust Earl of Albemarle.

L. Delawarr takes his Seat.

John Lord Delawarr sat first in Parliament, upon the Death of his Father John Lord Delawarr.

L. Barnard takes his Seat.

Also, Gilbert Lord Barnard sat first in Parliament, upon the Death of his Father Christopher Lord Barnard.

And their Lordships came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. of Rothes's Return read.

The Certificate of the Clerk of the Crown in Chancery, of the Name of the Peer of Scotland, who, by virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the Room of the Earl of Bute, was read, as follows:

"May it please your Lordships,

"I do hereby certify, that, by virtue of His Majesty's Proclamation of the 28th of April 1723, a Certificate under the Hands and Seals of Mr. Alexander Gibsone and Sir James Justice, Clerks of Session attending the Election aftermentioned, in virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that John Earl of Rothes was unanimously nominated and chosen to sit and vote in the House of Peers in this present Parliament, in the room of James Earl of Bute, deceased.

"Given under my Hand, this Twenty-fifth Day of June, 1723.

"Geo. Wrighte, Cl. Coron."

Bishops take the Oaths.

Then, Richard Lord Bishop of Winchester, Thomas Lord Bishop of Ely, Samuel Lord Bishop of Rochester, Richard Lord Bishop of Lincoln, William Lord Bishop of Bangor, John Lord Bishop of Carlile, and John Lord Bishop of Norwich, came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Poor's Bill.

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

King's Speech reported.

The Lord Chancellor reported His Majesty's Speech.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "To return the Thanks of this House, for His most Gracious Speech, and for His Majesty's most Gracious Acceptance of our Endeavours for His Service during the last Session: Most humbly and thankfully to acknowledge the prosperous and flourishing Condition and the present Tranquillity of the Kingdom to be the natural Effects of His Majesty's wise and steady Government: To express our utmost Satisfaction in the powerful Influence His Majesty has had, in preserving the general Peace; and to assure His Majesty, that nothing can be dearer to us than His Honour; and that we cannot think any Thing of greater Importance, than the enabling His Majesty to maintain the Tranquillity of Europe: Humbly to acknowledge His Majesty's Paternal Care and Tenderness, in desiring the Ease of His People from all unnecessary Burthens: With Hearts full of Duty and Gratitude, to express the just Sense we have of His Majesty's abundant Goodness, in declaring from the Throne, "That the Trade and Wealth of His People are the happy Effects of the Liberties they enjoy; and that the Grandeur of His Crown consists in the Prosperity of His Subjects:" To give His Majesty the strongest Assurances of our inviolable Fidelity, and of our most ardent Desires for the Increase of His Happiness and the Advancement of His Glory; and that we are firmly and unanimously resolved, with our Lives and Fortunes, to maintain our present Establishment, as the only solid Foundation upon which we can hope for the quiet Enjoyment of our Religion, Laws, and Liberties."

Committee to draw an Address:

Then the Lords following were appointed a Committee, to draw an Address pursuant thereunto; and report to the House:

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

The House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.

After some Time, the House was resumed.

Address reported.

And the Lord Viscount Falmouth reported from the Lords Committees appointed to prepare an Address, to be presented to His Majesty, pursuant to the beforementioned Order, "That they had prepared an Address accordingly, as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly return Your Majesty the Thanks of this House, for Your Majesty's most Gracious Speech from the Throne, and for Your Gracious Acceptance of our sincere Endeavours for Your Service during the last Session. We cannot, in Justice, but acknowledge that the prosperous and flourishing Condition and the present Tranquillity of the Kingdom are the natural Effects of Your Majesty's wife and steady Government: Your Majesty's powerful Influence on all Your Foreign Negotiations, towards the Preservation of the general Peace, gives us very great Satisfaction: We beseech Your Majesty to believe, nothing can be dearer to us than Your Honour; and that we cannot think any Thing of greater Importance, than the enabling Your Majesty to maintain the Tranquillity of Europe.

"We humbly beg Leave, with Hearts full of Duty and Gratitude, to acknowledge Your Majesty's Paternal Care and Tenderness, in desiring the Ease of Your People from all unnecessary Burthens; and Your inexpressible Goodness, in declaring, from the Throne, Your full Satisfaction, "that the Trade and Wealth of Your People are the happy Effects of the Liberties they enjoy; and that the Grandeur of Your Crown consists in the Prosperity of Your Subjects." We beg Your Majesty to believe, that nothing shall be ever wanting, on our Part, that can tend to the Increase of Your Majesty's Happiness and Glory; and that we are firmly and unanimously resolved, with our Lives and Fortunes, to maintain our present happy Establishment, as the only solid Foundation upon which we can hope for the quiet Enjoyment of our Religion, Laws, and Liberties."

And the same, being read by the Clerk entire, and afterwards in Paragraphs, was agreed to by the House.

Whole House to attend His Majesty:

Ordered, That this be the Address to be presented to His Majesty; and that the same be presented to His Majesty by the whole House.

Lords with White Staves to know when He will be attended.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended, by this House, with the said Address.

Committee of Privileges.

Lords Committees appointed to consider of the Orders and Customs of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

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

Committee for the Journal.

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

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

Stoppages in the Streets, Order to prevent.

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

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Four 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 & in diem Veneris, decimum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 10^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King to be attended with Address.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended, by this House, with their Address; and that His Majesty was pleased to appoint this Afternoon, at Two a Clock, at His Palace of St. James's."

Sir G. Palmer & al. Petition referred to Judges.

Upon reading the Petition of Sir Geffrey Palmer Baronet, Dame Elizabeth his Wife, Robert Palmer and Thomas Palmer Esquires; praying Leave to bring in a Bill, to enable the Petitioner Sir Geffrey Palmer, with the Consent and Concurrence of the other Petitioners, to convey and settle divers Manors, Lands, Tenements, and Hereditaments, in the Counties of Leicester, Northampton, and Lincoln, in such Manner as they shall agree to, for the Advantage of their Family:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Tracy; 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.

Herman, Leave for a Bill.

Upon reading the Petition of John Herman Gentleman; praying Leave to bring in a Bill, for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Reresby & Ux. versus Newland.

Upon reading the Petition and Appeal of Thomas Reresby Esquire and Mary his Wife, the only Daughter and surviving Issue of Thomas Newland of Newsell, alias Newsills, in the County of Hertford, Esquire, by Mary his late Wife, deceased; complaining of a Decree of the High Court of Chancery, of the Twentieth of February last, in a Cause wherein the Petitioners were Plaintiffs, and Thomas Newland, the Petitioner Mary's said Father, and others, were Defendants; and praying, "That the said Decree, so far as the same relates to the Petitioner's Demand of the Portion and the Interest thereof, may be reversed; and that the said Portion, with Interest from the Death of Thomas Newland, the Petitioner's Brother, may be forthwith raised and paid:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Newland may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Twenty-fourth Day of this Instant January.

Adjourn.

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

DIE Mercurii, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to 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 return this most Gracious Answer; (videlicet,)

"My Lords,

"I give you My hearty Thanks, for this dutiful and loyai Address. Your affectionate Concern for My Honour and Happiness is very acceptable to Me. Be assured, it shall be My constant Care, to preserve the Rights and Liberties of My People."

Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gra cious Answer thereunto, be forthwith printed and published.

E. of Rothes takes the Oaths.

This Day John Earl of Rothes came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Ivie versus Gilbert & al.

Whereas there is an Appeal depending in this House, wherein John Ivie Esquire, Executor of his late Father Jonathan Ivie deceased, is Appellant, and John Gilbert Senior, and John Gilbert Junior, and Daniel Pomeroy, are Respondents; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, on the Behalf of the said Appellant, "To appoint a Day for hearing thereof:"

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

Hamilton versus Hamilton & al.

Upon reading the Petition and Appeal of James Hamilton of Dalzell Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-eighth and Twenty-ninth of January, the Twelfth and Twenty fifth of February, 1712/13, the Eleventh and Twenty-second of February 1713/14, the Tenth of June 1714, the Twenty-first of January and Eleventh of February 1714/15, the Twelfth of July 1715, the Fifteenth of June, Seventh of July, and Twenty-second and Twenty-ninth of December, 1716, and the Third and Tenth of January 1716/17, made on the Behalf of James Hamilton, Brother to William Hamilton, on Behalf of himself, and as Creditor to his said Brother, and John Walkinshaw and others, Creditors to the said William Hamilton Elder of Orbiston, deceased, and David Hume, William Simpson, and others, Creditors to the deceased James Hamilton Younger of Orbiston; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Hamilton and the said respective Creditors may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Twelfth Day of February next; and that Service of this Order upon the respective Agents or Writers of the said James Hamilton, and the said respective Creditors, be deemed good Service.

Munro and Mac Neil versus Mackenzie & al.

Upon reading the Petition and Appeal of George Munro and Captain Donald Mac Neill, Defendants in a Cause depending before the Lords of Session in Scotland, to which Kenneth Mackenzie late of Auchtedonald, deceased, in his own Name, and as empowered by Kenneth Mackenzie his Eldest Son and others, were Plaintiffs; the Petitioner George Munro complaining of several Interlocutories of the said Lords, of the Fourteenth and Fifteenth of November 1722, and that Part of the Interlocutory of the Fourth of December 1722, affirming their former Interlocutories, and the Interlocutories of the Twenty-sixth of the said December, the Fifth, Fifteenth, Eighteenth, and Twenty-third of January 1722/3, and the Thirteenth and Nineteenth of February following; and praying, "That the same may be reversed;" and the Petitioner Donald Mac Neill complaining of the Interlocutory of the said Lords of the Twenty-eighth of February 1722/3, refusing him his Costs; and praying, That the same may be reversed, and the Petitioner's Costs decreed to him:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Kenneth Mackenzie now of Auchtedonald, and the other Persons in whose Behalf the said Suit was brought, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Twelfth Day of February next; and that Service of this Order upon the respective Agents, or Writers, of the said Kenneth Mackenzie and the said other Persons; be deemed good Service.

L. Vis. Kingsland versus Countess of Tyrconnell.

Upon reading the Petition and Appeal of Nicholas Lord Viscount Kingsland of the Kingdom of Ireland; complaining of several Orders of the High Court of Chancery in the said Kingdom, of the Second of December 1720, the First of July and the Twenty-fifth of November last, in a Cause there depending, wherein the Petitioner was Plaintiff, and Frances Countess of Tyrconnell was Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Frances Countess of Tyrconnell may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Wednesday the Nineteenth Day of February next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

House to be called.

Ordered, That the House be called over on Wednesday the Twenty-ninth Day of this Instant January.

Standing Orders to be read.

Ordered, That the Roll of Standing Orders of this House be read on Wednesday the Twenty-ninth Day of this Instant January, after the Call of the House.

An Account of prohibited East India Goods and Naval Stores delivered.

The House being informed, "That some of the Commissioners of the Customs attended:"

They were called in; and delivered, at the Bar, pursuant to Two Acts of Parliament, several Papers.

And withdrew.

The Titles thereof were read, as follow:

"The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East India Goods, and Naval Stores imported from Russia, from Michaelmas 1722 to Michaelmas 1723.

"N^o 1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellens at Michaelmas 1722; what brought in since that Time, what exported; as also what remained at Michaelmas 1723."

"N^o 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1722; what brought in since that Time, what exported; as also what remained at Michaelmas 1723."

"N^o 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1722; what brought in since that Time, what exported; as also what remained at Michaelmas 1723."

"N^o 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports at Michaelmas 1722; what brought in since that Time, what exported; as also what remained at Michaelmas 1723."

"N^o 5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1722 to Michaelmas 1723."

"N^o 6. An Account of Naval Stores imported from Russia into the Ports commonly called the Out Ports, from Michaelmas 1722 to Michaelmas 1723."

Bp. of Bangor to preach 30th Instart.

Ordered, That the Lord Bishop of Bangor be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Thursday the Thirtieth Day of this instant January.

Abercrombie versus Innes and Donaldson:

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for Alexander Abercrombie Esquire; setting forth, "That, by Order of this House of the Fifth of March last, John Innes and Lewis Donaldson were required peremptorily to put in their Answer or respective Answers to the Appeal of the said Alexander Abercrombie by the Twelfth of the same Month, which they have omitted to do;" and praying, That a Day may be appointed, for hearing the said Cause ex Parte:"

Hearing appointed ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on Friday the Thirty-first Day of this Instant January, at Eleven a Clock.

E. of Broadalbin & al. versus E. of Caithness:

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for John Earl of Broadalbine, Sir James Sinclair, and John Sinclair, Appellants in a Cause depending in this House, to which Alexander Earl of Caithness is Respondent; setting forth, "That, by Order of this House of the Sixth of February last, the Hearing the said Cause was adjourned to the Second of May following; but the same came not to a Hearing;" and praying, "That a Day may be appointed, for hearing thereof:"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twenty-sixth Day of February next, at Eleven a Clock.

Thompson & al. versus M^cLellan & al.

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for Dame Marjory Thompson Widow, One of the Trustees of Sir Samuel M^cLellan Knight, deceased, and others, Appellants in a Cause depending in this House, to which James M^cLellan and others are Respondents; setting forth, "That, by Order of this House, the Twenty-fifth of May last, the Hearing the Merits of the said Cause was adjourned to this Session of Parliament;" and praying, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fourth Day of March next, at Eleven a Clock.

Sanderson versus Williams.

Upon reading the Petition and Appeal of Robert Saunderson Esquire; complaining of an Order of the High Court of Chancery in Ireland, of the Eighteenth of November last, in a Cause there depending, wherein the Petitioner was Plaintiff, and Joseph Williams Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Williams may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Nineteenth Day of February next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Herman's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Herman Gentleman."

Sir W. Barker versus Letitia Barker & al.

Upon reading the Petition and Appeal of Sir William Barker of Killmainham in the County of Meath and Kingdom of Ireland Baronet; complaining of certain Orders and Decrees of the High Court of Chancery in the said Kingdom, made since the Time the Appeal in the present Appeal mentioned was heard and determined, and more especially an Order made the Twentythird of December 1715, and the several Orders grounded thereupon; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Letitia Barker, the Executrix of Sir William Barker Baronet, deceased, Darby Egan, and Thomas Ivers, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Nineteenth Day of February next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Adjourn.

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

DIE Jovis, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. St John de Bletsoe takes his Seat.

This Day John Lord St. John de Bletsoe sat first in Parliament, upon the Death of his Brother Rowland Lord St. John de Bletsoe; and came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Herman takes the Oaths.

Then John Herman took the Oaths appointed, in order to his Naturalization.

Commissioners forfeited Estates versus Preston.

The House was informed, "That John Preston, who, by Order of this House, the Eighteenth of December 1722, was required to put in his Answer to the Appeal of the Commissioners and Trustees of the forseited Estates on or before the Fifteenth of January following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Robert Munroe, of the said Service, being read:

To answer peremptortly.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal by this Day Sevennight.

Herman's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Herman Gentleman."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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

Steil versus Harper and Houlstoun:

Upon reading the Petition of Alexander Hamilton Gentleman, Agent for Mr. Willam Steil of Liquo, Appellant in a Cause depending in this House, to which John Harper and Robert Houstoun Doctor in Physic are Respondents; setting forth, "That, upon reading the said Appeal, the Nineteenth of December 1722, the said Respondents were ordered to put in their Answer or respective Answers thereunto, on or before the Sixteenth of January following; which they have neglected to do, though duly served with the said Order for that Purpose:"

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

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, by this Day Sevennight.

Adjourn.

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

DIE Martis, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Peregrine Duke of Leeds and Benjamin Lord Bishop of Salisbury came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dutchess Dowager of Marlborough & al. versus Strongs.

Upon reading the Petition and Appeal of Sarah Dutchess Dowager of Marlborough, Francis Earl Godolphin, William Clayton. William Guidott, and John Hanbury, Esquires, the only acting Executors of the Will of John Duke of Marlborough; complaining of certain Orders of the Court of Exchequer, of the Seventeenth and Twentieth of June, and Fourteenth of November last, and the Proceedings thereupon, in a Cause there depending, wherein Edward Strong Senior and Edward Strong Junior were Complainants, and the Petitioners and others were Defendants; and praying, "That the same may be reversed; and the Petitioners Exceptions allowed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Strong Senior and Edward Strong Junior may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Fourth Day of February next.

Lady Gray versus Callender.

Upon reading the Petition and Appeal of Dame Esther Gray, Widow and Executrix of Sir James Gray Baronet, her late Husband, deceased; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Eighteenth of January and Days of February 1722/23, and the Fifteenth of November last, made on the Behalf of Edward Callander; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Callander may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eighteenth Day of February next.

Burgh versus Langton.

Upon reading the Petition and Appeal of William Burgh Esquire; complaining of an Order of the Court of Exchequer in Ireland, of the Seventh of December 1721, and of a Decree of the said Court of the Twentythird of February last, in a Cause wherein Coltburst Langton Gentleman, Son and Heir of John Langton Gentleman, who was Son and Heir of John Langton Esquire deceased, was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed; and the said Plaintiff's Bill in the said Court may stand dismissed, with Costs, to be taxed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Colthurst Langton may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Twenty-fifth Day of February next.

Marchioness Dowager of Annandale versus Marquis Annandale & al.

Upon reading the Petition and Appeal of Charlotta Marchioness Dowager of Annandale; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Thirteenth of February and Twenty-sixth of December last; since the Order and Decree of this House on the Petitioner's former Appeal, made on the Behalf of James Marquis of Annandale, John Bailie, Francis Holliday, Thomas Sharp, Sir John Inglis, Sir Henry Rollo, William Wilson, William Fall, John Douglas, James Ranken, James Denar, Charles Inglis, George Marshal, Alexander Farquharson and his Spouse, John Drummond Son to the late Lord Drummond, Sir James Carmichael, James Nassnith Junior, John Montgomery, William Boyle, Ronald Campbell, John Lumsdeh, David Spence, William Johnston, Sir Patrick Maxwell, Sir Robert Montgomery, Robert late Earl of Carnwath, Gawin Johnston, Robert Gordon, Robert Herres; James Baisley, Sir William Johnston, William Baillie, Peter Graham, John Brown and his Wife, Alexander Tait, John Lewis, George Howston, Robert Law, Thomas Fenton, Sir David Murray, Helen Foord, John Guthrie, John Murray, William Dundas, Thomas Johnston, John Wightman, Thomas Dick, Roger Hogg, William Carmichael, George Drummond, William Hutton, Andrew Johnston, William Hamilton, Thomas Henderson, Cockburns, and others, claiming to be Creditors of William late Marquis of Annandale, deceased; and praying, "That the same may be reversed; and that the Petitioner may have the Benefit of the said Order and Decree of this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Marquis of Annandale, John Bailie, Francis Holliday, Thomas Sharp, Sir John Inglis, and the other Defendants, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighteenth Day of February next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

Count. Dow. of Holland, and Charlotte Addison, versus Edwards & al.

Upon reading the Petition and Appeal of Charlotte Countess Dowager of Warwick and Holland, and Charlotte Addison, an Infant, by the said Countess her Mother and next Friend; complaining of a Decree of the High Court of Chancery, of the Sixteenth of July last, in certain Causes, wherein Francis Edwards Esquire and the Lady Elizabeth his Wife, Sister and Heir of Edward Earl of Warwick and Holland, and also Aunt and Heir of Edward Henry Earl of Warwick and Holland, were Plaintiffs, and the said Petitioners, and Hugh Earl of Cholmondeley and George Lord Newburgh, Trustees of Edward Earl of Warwick and Holland, were Defendants; and wherein the Petitioners were Plaintifss, and the said Francis Edwards and the Lady Elizabeth his Wife, the said Earl of Cholmondeley, and Lord Newburgh, were Defendants; and praying, "That the same may be reversed; and that the Trustees may be decreed to assign over the Securities for Ten Thousand Pounds, and Interest, to or for the Benefit of the Petitioners:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Francis Edwards and the Lady Elizabeth his Wife, Hugh Earl of Cholmondeley, and George Lord Newburgh, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Fourth Day of February next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery be deemed good Service.

Widdrington's Pet. referred to Judges.

Upon reading the Petition of Ralph Widdrington of Cheesburne Grainge in the County of Northumberland Esquire; praying Leave to bring in a Bill, for Sale of certain Lands, Tithes, and Hereditaments, in the County of Durham, and One Farm called Gylchester, in the County of Northumberland, for Payment of the Petitioner's just Debts:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Baron Page; 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.

Sir Henry Beddingfield's Pet. referred to Judges.

Upon reading the Petition of Sir Henry Bedingfeld Baronet; praying Leave to bring in a Bill, for draining, enclosing, and improving, the Common called Oxburgh Common, in the County of Norfolk; and for enabling the Petitioner, with the Consent of the Lady Elizabeth his Wife, and the Trustees in the Petitioner's Marriage Settlement, to mortgage and sell divers Manors and Lands in Cockley Cley, or any Part thereof, in the said County; and, instead thereof, to purchase all such Lands; Estates, and Tenements, in Oxburgh, or any other Lands, Tenements, or Hereditaments whatsoever; and for settling the same to the like Uses:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

L. Walpole introduced:

Robert Walpole Esquire being, by Letters Patents, dat. Primo Die Junii, Anno Nono Georgii Regis, created Baron Walpole, de Walpole, in Com. Norfolciæ, was this Day, in his Robes, introduced, between the Lord Carteret and the Lord Lynne, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Great Chamberlain of England, preceding.

His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Lordship's Writ of Summons was also read, as follows:

His Writ of Summons.

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

"Testibus Gulielmo Archiepiscopo Cantuar. et cæteris Custodibus et Justiciariis Regni, apud Westm. Decimo Quinto Die Junii, Anno Regni Nostri Nono.

"Wrighte."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

And was afterwards placed on the lower End of the Barons Bench.

Edgworth versus Giffard.

Upon reading the Petition and Appeal of Edward Edgworth Esquire; complaining of several Orders made in the Court of Exchequer in Ireland, the Tenth and Twenty-second of February 1721, the Fifth of December and the Twenty-third of February 1722, and Twenty-second of June last, in a certain Cause wherein Thomas Giffard was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed; and the Petitioner relieved, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Giffard may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Twenty-fifth Day of February next; and that Service of this Order on the Respondent's Clerk or Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Col. Charteris versus E. of Hindford.

Upon reading the Petition and Appeal of Colonel Francis Charteris of Ampsfield; complaining of several Interlocutory Orders and a Decree of the Lords of Session in Scotland, of the Twenty-first and Twenty-ninth of July, and Twenty-eighth of November, 1721, the Thirteenth of February 1722, and the Sixteenth of July, and Two several Interlocutors of the Thirtieth of July last, in a Cause wherein the Petitioner was Plaintiff, and James Earl of Hyndfoord was Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Earl of Hyndfoord may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Tuesday the Eighteenth Day of February next; and that Service of this Order on the Respondent's Agent, or Writer, in the Court of Session in Scotland, be deemed good Service.

Dundas and Haldane's Complaint referred to a Committee.

A Petition of Complaint, and Appeal, of Robert Dundas Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, and of Mr. Patrick Haldane in Behalf of himself, was presented to the House, and read; complaining of the Lords of Session in Scotland, in respect of their proceeding pursuant to the Order and Judgement of this House, upon hearing the Appeal of the Petitioner Haldane the last Session of Parliament, directing him to be put upon his Trial, according to Law, he having been nominated a Lord of the Session, by His Majesty's Royal Letter, the Twelfth of December 1721; and praying the Judgement and Determination of this House upon the said Complaint; and "that the Petitioner Patrick Haldane may be ordered to be admitted to the said Office; or that this House will make such other Order in the Premises as to their Lordships shall seem meet."

And Consideration having been had of the said Petition of Complaint, and Appeal:

The Lords following were appointed a Committee, to consider what Method may be most proper in proceeding thereupon; and report to the House:

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

Merest's Pet. touching his Office of Reading Clerk:

A Petition of James Merest, One of the Clerks attending this House, was presented, and read; complaining (among other Things), "That William Cowper Esquire, the present Clerk of the Parliaments, hath, without Leave or Authority of this House; attempted to dispossess the Petitioner of his Office of Reading Clerk, and deprive him of the Privileges and Perquisites thereunto belonging; which Office (as the Petitioner alledges) he hath executed and discharged for many Years, according to the Duty thereof, having been nominated thereto, upon a Vacancy, in the First Year of His Majesty's Reign, by Mathew Johnson Esquire, the then Clerk of the Parliaments;" and praying, "That the House will take the Petitioner's Case into Consideration, and give him such Relief as their Lordships, in their great Wisdom, Justice, and Compassion, shall think proper."

Referred to Committee of Privileges.

It is Ordered, That the said Petition be referred to the Lords Committees for Privileges; and that their Lordships do meet on Monday next, to take the said Petition into Consideration.

Goodall versus Coplestone.

Upon reading the Petition and Appeal of John Goodall Esquire; complaining of a Decree of the High Court of Chancery, of the Sixteenth of April 1722, in a Cause wherein Joseph Coplestone Esquire was Plaintiff, and the Petitioner and others were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Coplestone may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Fourth Day of February next.

L. Vis Kingsland versus Countels of Tyrconnell.

The House being moved, "That Thomas Cole Gentleman may be permitted to enter into a Recognizance for Nicholas Lord Viscount Kingsland, on account of his Appeal depending in this House, to which Frances Countess of Tyrconnell is Respondent; the Appellant residing in Ireland:

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

Murray versus Representatives of Sir George Maxwell.

Upon reading the Petition and Appeal of Alexander Murray of Broughtoun Esquire; complaining of an Interlocutor of the Lord Neuhall, of the Twenty-ninth of November 1721, and the Affirmances thereof by the Lords of Session in Scotland, the Fifteenth of December 1722, and Eighteenth of June last, made on the Behalf of the Representatives of Sir George Maxwell and his Creditors; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Representatives of the said Sir George Maxwell and his Creditors may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighteenth Day of February next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

Craythorne versus Taylor.

Upon reading the Petition and Appeal of Ralph Craythorne; complaining of an Order of the Court of Exchequer, of the Eighteenth of May last, in a Cause wherein William Taylor was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed, and the Petitioner's Demurrer allowed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Taylor may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Fourth Day of February next.

Newsome to enter into a Recognizance for Craythorne.

The House being moved, "That Thomas Newsome Gentleman may be permitted to enter into a Recognizance for the said Ralph Craythorne, on Account of his said Appeal; he residing at a great Distance in the Country:"

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

Fletewood & al. Pet. referred to Judges.

Upon reading the Petition of Edward Fletewood Esquire and Sarah his Wife, Ralph Robinson and Margaret his Wife, James Earl of Derby, William Rawstorne, Robert Shawe, and Timothy Hall; praying Leave to bring in a Bill, for Sale of certain Manors and Lands, in the County of Lancaster, Part of the Estate of Richard Fletewood Esquire, deceased; and to enable the Petitioner Edward Fletewood to settle a Jointure, and make a Provision for his Younger Children; and for other Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Powis; 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.

Herman's Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for naturalizing John Herman Gentleman," stands committed, be revived, and meet Tomorrow.

Adjourn.

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

Die Martis, 21^o Aprilis, 1724, hitherto examined by us,

Say & Seale.
Hu. Bristol.
Jo. Norwich
De Lawark.

DIE Mercurii, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. North and Grey takes the Oaths.

This Day William Lord North & Grey came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Crooksharks versus Turner and Mark.

Upon reading the Petition and Appeal of John Crookshanks Esquire; complaining of a Decretal Order made by the Lord High Chancellor, the Twelfth of December last, in a Cause wherein Richard Turner and John Mark were Plaintiffs, and the Petitioner was Defendant; and praying, "That the same may be reversed; and that the Petitioner may be at Liberty to proceed at Law against the said Plaintiffs, as he shall be advised; and that the Decree made by the Master of the Rolls, the Twentieth of May last, may stand, and be performed by both Parties:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Turner and John Mark, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Fifth Day of February next.

Herman's Nat. Bill:

The Lord Bishop of Peterborough reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Herman Gentleman," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Farrell versus French et al.

Upon reading the Petition and Appeal of James Farrell Esquire; complaining of a Decree, or Decretal Order, made in the Court of Exchequer in Ireland, the Sixth Day of July last, and all Proceedings thereupon, in a Cause wherein the Petitioner was Plaintiff, and Sarah French, Arthur French Junior, Robert Shaw, and others, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur French Junior and Robert Shaw may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Twenty-fixth Day of February next; and that Service of this Order on the Respondents Attorney or Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Saunderson versus Williams.

The House being moved, "That Patrick Meighan of St. Andrew's Holborne Gentleman may be permitted to enter into a Recognizance for Robert Saunderson Esquire, on account of his Appeal depending in this House, to which Joseph Williams is Respondent; the Appellant residing in Ireland:"

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

Adjourn.

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

DIE Lunæ, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Reresby versus Newland.

This Day the Answer of Thomas Newland Esquire, to the Petition and Appeal of Thomas Reresby Esquire and Mary his Wife, was brought in.

Dutchess Dowager of Marlborough et al. versus Strongs.

The House being moved, "That John Waller of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for Sarah Dutchess Dowager of Marlborough and others, on account of their Appeal depending in this House, to which Edward Strong Senior and Edward Strong Junior are Respondents:"

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

Ranc versus Merret.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error brought into this House the last Sessions of Parliament, wherein Rene Ranc is Plaintiff, and Francis Merret Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Monday the Tenth Day of February next, at Eleven a Clock.

Munro and Mackneill versus Mackenzie et al.

The House being moved, "That Robert Munro Esquire may be permitted to enter into a Recognizance for George Munro and Captain Donald MacNeill, on account of their Appeal depending in this House, to which Kenneth Mackenzie and others are Respondents; the Appellants residing in Scotland:"

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

D. Norfolk's Petition referred to Judges.

Upon reading the Petition of Thomas Duke of Norfolk, Hereditary Earl Marshal of England; praying Leave to bring in a Bill, to make Leases of several Messuages, Lands, Tenements, and Hereditaments, in the Parish of St. Clement's Danes, in the County of Middlesex, for Sixty Years; reserving, on such Leases, such Ground Rents as were reserved on the Leases made by virtue of the Acts of Parliament of the Twenty-second and Twenty-third of King Charles the Second, and the First and Second Years of King William and Queen Mary, or such Ground Rents as can reasonably be gotten for the same Premises so to be leased:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; 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.

Hodshon's Nat. Bill.

A Message from the House of Commons, by Mr. Leheup and others:

With a Bill, intituled, "An Act for naturalizing William Hodshon and Francis Noguier;" to which they desire the Concurrence of this House.

Andrews versus Powis.

Upon reading the Petition and Appeal of John Andrewes Gentleman; complaining of several Orders of the High Court of Chancery, of the Eighteenth and Nineteenth of December last, and the Fourteenth and Twentieth Days of this Instant January, in a Cause wherein Thomas Powis was Plaintiff, and the Petitioner Desendant; and praying, "That the same may be reversed, and such other Relief as the Nature of the Petitioner's Case shall require:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Powis may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Tenth Day of February next.

Appeals delivered to the Clerk within Time received.

The House was informed, "That, on Thursday last, being the next Day after the last Adjournment, there were brought to the Parliament-office, and delivered to the Clerk, several Appeals from Decrees and Proceedings of the Courts below; which Day, being the Fourteenth Day from and after the First Day of this Session, was therefore within the Time limited by the Standing Order of this House for presenting Appeals."

But, the House not sitting on that Day, it was agreed by their Lordships, that those Appeals, so brought to the Office, and lodged with the Clerk as aforesaid, should be received.

And the same being read; the usual Orders for answering were made thereupon, which are as follow:

Kennedies versus MacDowall.

"Upon reading the Petition and Appeal of Margaret, Agnes, Mary, Marion, and Jannet Kennedies, Heirs Portioners of the deceased Alexander Kennedy of Glenour their Brother, and their respective Husbands, for their Interests; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Twentysixth of November and Twentieth of December last, made on the Behalf of Alexander McDowall of Garthland; and praying, "That the same may be reversed:" It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander M^cDowall may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Twenty-fourth Day of February next; and that Service of this Order on the Respondent's Agent, or Writer, in the Court of Session in Scotland, be deemed good Service."

Burke et al. versus Lynch.

"Upon reading the Petition and Appeal of Theobald Burke, Ulick Burke, William Burke, and Morgan Naughton; complaining of several Proceedings and Orders of the High Court of Chancery in Ireland, of the Eleventh of July 1715, and the Sixteenth of August following, in a Cause wherein Thomas Lynch Esquire was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed:" It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Lynch may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Second Day of March next; and that Service of this Order on the Respondent's Six Clerk in the said Court of Chancery in Ireland be deemed good Service."

Blake versus Sir Walter Blake et al.

"Upon reading the Petition and Appeal of Thomas Blake Esquire; complaining of a Decree of the High Court of Chancery in Ireland, of the Eighteenth of February 1719, and an Affirmance thereof the Ninth of July last, in certain Causes, wherein the Petitioner was Plaintiff, and Sir Walter Blake and others were Defendants; et è contra, and praying, "That the same may be reversed; and that, in the mean Time, the said Sir Walter Blake, Patrick French, and Walter Taylor, and their Agents, may be enjoined not to cut, fell, strip, or destroy, any of the Trees, Germins, or Saplins, on the Premises, until further Order of this House:" It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Walter Blake, Patrick French, and Walter Taylor, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Second Day of March next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery in Ireland be deemed good Service."

Burke et Ux versus O'Brien.

"Upon reading the Petition and Appeal of Rickard Burke and Elizabeth his Wife; complaining of a De cree of the Court of Exchequer in Ireland, the Nineteenth, Twenty-first, and Twenty-second Days of June, 1722, and the Affirmance thereof the Third of December last, in a Cause wherein the Petitioners were Plaintiffs, and Christopher O Brien was Defendant; and praying, "That the same may be reversed, and the Petitioners relieved:" It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Christopher O Brien may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Second Day of March next; and that Service of this Order on the Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service."

Farrell versus French.

The House being moved, "That Fargus Farrell Gentleman may be permitted to enter into a Recognizance for James Farrell Esquire, on account of his Appeal depending in this House, to which Arthur French Junior and Robert Shaw are Respondents; the Appellant residing in Ireland:"

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

Hamilton versus Hamilton et al.

The like Order for Charles Stuart Esquire, to enter into a Recognizance for James Hamilton of Dalzell Esquire, on Account of his Appeal depending in this House, for a Reason of the same Nature.

Commissioners forfeited Estates versus Lady Margaret Hamilton.

A Petition and Appeal of the Commissioners and Trustees nominated and appointed by Warrant or Authority under His Majesty's Royal Sign Manual, made and passed in Pursuance of the Act Nono Georgii Regis, limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively, was presented to the House, and read; complaining of a Decree of the Court of Delegates in Scotland, the Fifteenth of November last, made on the Behalf of the Lady Margaret Hamilton, Widow of James late Earl of Panmure, attainted; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Petitioners may be affirmed."

And a Question arising, "Whether the said Appeal be presented within the Time limited by the Act Sexto Georgii Regis?"

And certain Clauses in the said Act, in relation to he bringing Appeals from the Delegates, being read:

The Lords following were appointed a Committee, to consider of the said Appeal; and report their Opinion thereupon to the House:

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

Hodshon's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing William Hodshon and Francis Noguier."

Gibert et al. Petitions to be added to it.

A Petition of Henry Gibert:

Also, a Petition of Anthony Marcha, James Chrest, and Daniel Renaud:

And a Petition of Peter Vomkampe; praying to be added to the Bill, intituled, "An Act for naturalizing William Hodshon and Francis Noguier."

Were severally presented to the House, and read:

And severally ordered to lie on the Table, till the said Bill be read a Second Time.

Herman's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Herman Gentleman."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Borret:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

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

DIE Martis, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gibert et al. take the Oaths.

This Day Henry Gibert, Anthony Marcha, James Chrest, Daniel Renaud, and Peter Vomkempe, took the Oaths appointed, in order to their Naturalization."

Reresby et Ux. versus Newland:

The House being moved, on the Behalf of Thomas Reresby Esquire and Mary his Wife, Appellants in a Cause depending in this House, to which Thomas Newland Esquire is Respondent, "That a Day may be appointed, for hearing thereof:

Hearing appointed.

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

Sagittary's Petition referred to Judges.

Upon reading the Petition of Daniel Sagittary of Winterborne Stepleton in the County of Dorset Clerk and Anne his Wife, and John Sagittary their only Son and Heir; praying Leave to bring in a Bill, for confirming the Conveyance of the Advowsons of the Parsonage of Winterborne Stepleton and Winterborne Abbotts, in the said County, unto William Jones Doctor of Divinity, the Principal, Fellows, and Scholars of Jesus Colledge, within the City and University of Oxford, of Queen Elizabeth's Foundation, and their Successors:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, 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 Dormer; 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.

Dagenham Breach Accompt and Contract delivered.

The House being informed, "That a Person from the Trustees appointed by an Act passed in the Twelfth Year of the Reign of Her late Majesty, for stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex, was attending at the Door:"

He was called in; and Mr. David Le Gros, Secretary to the said Trustees, presented to the House, pursuant to a Clause in the said Act,

"The Accompt of the Treasurer to the Trustees for Dagenham Breach, for One Year, ended at Michaelmas 1723."

And also, "Copy of the Trustees Contract with Mr. John Aust, for removing the Shoal off Captain John Perry's lowermost Sluice, dated 10th September 1723."

And then he withdrew.

And the Titles of the said Accompt and Contract were read.

Hodshen's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing William Hodshon and Francis Noguier."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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

Gibert et al. Petition referred to Committee.

Ordered, That the several Petitions of Henry Gibert, Anthony Marcha, James Chrest; Daniel Renaud, and Peter Vomkampe; praying to be added to the before mentioned Bill, which were Yesterday ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Call of the House put off.

Whereas To-morrow is appointed, for the Call of the House, and for reading the Roll of Standing Orders:

It is Ordered, That the House be called over on Wednesday the Fifth Day of February next; and that the Roll of Standing Orders be read the same Day, after the Call of the House.

Adjourn.

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

DIE Jovis, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Adjourn.

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

DIE Veneris, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Andrews versus Powys.

This Day the Answer of Thomas Powys, to the Petition and Appeal of John Andrewes Gentleman, was brought in.

Abercrombie versus Innes and Donaldson.

Whereas this Day was appointed, for hearing Counsel ex Parte, upon the Petition and Appeal of Alexander Abercrombie of Glashaugh Esquire, for himself and other Creditors of Alexander Wilson of Littlefield, deceased; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Eighteenth of February 1715, the Twenty-ninth of November and First of December 1719, made on the Behalf of John Innes of Knockorth, and John Donaldson, deceased, Father of Lewis Donaldson Writer in Edinburgh; and praying, "That the same may be reversed; and that the Interlocutory of the Lord Ordinary, the Twentyninth of January 1715, may be affirmed:"

Counsel appearing for the Appellant, but no Counsel for the Respondents:

And the Appellant's Counsel being heard, and withdrawn:

Interlocutors varred.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentences, or Decrees, of the Eighteenth of February One Thousand Seven Hundred and Fifteen, the Twenty-ninth of November and First of December One Thousand Seven Hundred and Nineteen, complained of in the said Appeal, be, and the same are hereby, reversed; and that the Interlocutor of the Twenty-ninth of January One Thousand Seven Hundred and Fifteen be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That the Lords of Session do proceed in the Cause, in such Manner as if the said Interlocutors complained of had never been made.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Edmund Bacon and others:

With a Bill, intituled, "An Act for naturalizing John Gerhardt Moller;" to which they desire the Concurrence of this House.

Thanks to Bishop of Bingor, 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 forthwith printed and published.

Bathurst et al. Petition referred to Judges.

Upon reading the Petition of Benjamin Bathurst of Battlesden in the County of Bedford Esquire and Finetta his Wife, for themselves, and in Behalf of their Children Anne and Susanna Bathurst, Infants, under the Age of One and Twenty Years, Allen Lord Bathurst for himself and in Behalf of his Children, Benjamin, Henry, Frances, Katherine, Jane, Leonora, Allen, and Anne Bathurst, all Infants under the Age of One and Twenty Years, Peter Bathurst of Clarendon in the County of Wilts Esquire, for himself, and in Behalf of his Children Peter, Frances, Leonora, Silena, and Harriott Bathurst, all Infants under the Age of One and Twenty Years, and Henry Pye of Farringdon in the County of Berks Esquire and Anne his Wife; praying Leave to bring in a Bill, to discharge certain Manors, Lands, and Hereditaments, in the County of Bedford, from the Uses in the Petition mentioned; and to exchange and settle the Manor of Lidney, and other Lands and Hereditaments, in the County of Gloucester, to the same Uses, in Lieu thereof:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mr Merest's Petition withdrawn.

The House being informed, "That Mr. Merest, whose Petition, relating (among other Things) to the Office of Reading Clerk, stands referred to the Committee of Privileges, hath received Satisfaction from Mr. Cowper, touching the Matters complained of; and did therefore consent to and desire his Petition might be withdrawn:"

It is thereupon Ordered, That the said Petitioner have Leave to withdraw his Petition accordingly; and that the said Committee be discharged from proceeding further thereupon.

Andrews versus Powys.

The House being moved, on the Behalf of Thomas Powys, Respondent to the Petition and Appeal of John Andrewes Senior Gentleman, "That a Day may be appointed, for hearing thereof:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday next, at Eleven a Clock.

Edgworth versus Giffard.

Upon reading the Petition of Edward Edgworth Esquire, Appellant in a Cause depending in this House, to which Thomas Giffard Esquire is Respondent; praying, "In regard the Petitioner's Residence is in Ireland, that Edward Nash of the City of London Gentleman may be permitted to enter into a Recognizance for Payment of Costs, if any shall be awarded against him, on hearing the said Appeal:"

It is Ordered, That the said Edward Nash may enter into a Recognizance for the Petitioner, according to the Prayer of the said Petition.

Call of the House put off.

Whereas Wednesday next is appointed, for the Call of the House, and for reading the Roll of Standing Orders:

It is Ordered, That the House be called over on Thursday the Thirteenth Day of February next; and that the Roll of Standing Orders be read the same Day, after the Call of the House.

Adjourn.

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