House of Lords Journal Volume 22: January 1726

January 1726

Anno 12^o Georgii Regis.

DIE Jovis, Vicesimo Januarii, 1725

DIE Jovis, Vicesimo Januarii, 1725, Annoque Regni Serenissimi Domini Georgii, Dei Gratia, Magnæ Britanniæ, Franciæ & Hiberniæ Regis, Fidei Defensoris, &c. Duodecimo; in quem Diem præsens hæc Quarta Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, præsentes fuerunt:

REX.

Georgius Princeps Walliæ.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present.

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

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

"My Lords, and Gentlemen,

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

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

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

His Majesty's Speech.

"My Lords, and Gentlemen,

"I have had such frequent Experience of the Wisdom and Zeal of this Parliament, on many important Occasions, that it is with Pleasure I now meet you again; and I make no Doubt but that your Endeavours for the Good and Service of your Country will be as successful as they have hitherto been.

"The distressed Condition of some of our Protestant Brethren Abroad, and the Negotiations and Engagements entered into by some Foreign Powers, which seem to have laid the Foundation of new Troubles and Disturbances in Europe, and to threaten My Subjects with the Loss of several of the most advantageous Branches of their Trade, obliged Me, without any Loss of Time, to concert with other Powers such Measures as might give a Check to the ambitious Views of those who are endeavouring to render themselves formidable, and put a Stop to the farther Progress of such dangerous Designs. For these Ends, I have entered into a defensive Alliance with the Most Christian King and the King of Prussia; to which several other Powers, and particularly The States General, have been invited to accede; and I have not the least Reason to doubt of their Concurrence. This Treaty shall in a short Time be laid before you.

"By these Means, and by your Support and Assistance, I trust in God, I shall be able not only to secure to My own Subjects the Enjoyment of many valuable Rights and Privileges, long since acquired for them by the most solemn Treaties; but effectually to preserve the Peace and Balance of Europe, the only View and End of all My Endeavours.

"Gentlemen of the House of Commons,

"I have ordered the Estimates for the Service of this Year to be prepared and laid before you; which, from an Unwillingness I always have to put My Subjects to an extraordinary Expence by any unnecessary Precautions, are formed upon the Foot of employing no greater Number of Forces than was thought necessary the last Year; for which, if the Supplies you give shall be fully and effectually raised, I shall be enabled to have a strong Fleet at Sea early in the Spring. If the Posture of Affairs shall at any Time make it necessary to augment our Maritime Force, I confide so entirely in the Zeal and Affection of My Parliament, that, I assure Myself, you will enable Me to make such an Addition to the Number of Seamen as shall be found requisite.

"My Lords, and Gentlemen,

"It is not to be doubted but the Enemies to My Government will conceive Hopes that some favourable Opportunity for renewing their Attempts may offer, from the Prospect of new Troubles and Commotions. They are already very busy, by their Instruments and Emissaries, in those Courts whose Measures seem most to favour their Purposes, in soliciting and promoting the Cause of the Pretender: But, 1 persuade Myself, notwithstanding the Countenance and Encouragement they may have received, or flatter themselves with, the Provision you shall make for the Safety and Defence of the Kingdom will effectually secure us from any Attempts from Abroad, and render all such Projects vain and abortive.

"When the World shall see that you will not suffer the British Crown and Nation to be menaced and insulted; those who most envy the present Happiness and Tranquillity of this Kingdom, and are endeavouring to make us subservient to their Ambition, will consider their own Interest and Circumstances, before they make any Attempt upon so brave a People, strengthened and supported by prudent and powerful Alliances; and, though desirous to preserve the Peace, able and ready to defend themselves against the Efforts of all Aggressors. Such Resolutions, and such Measures, timely taken, I am satisfied, are the most effectual Means of preventing a War, and continuing to us the Blessings of Peace and Prosperity."

The said Speech being ended, His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

L. Dudley and Ward, and L. Howard Eff. take their Seats.

Edward Lord Dudley and Ward, and Francis Lord Howard of Effingham, fat first in Parliament; the one, after the Death of his Father Edward Lord Dudley and Ward; and the other, upon the Death of his Brother Thomas Lord Howard of Effingham; their Lordships having first, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Poor's Bill.

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

The Lord Chancellor reported His Majesty's Speech.

Order for an Address on the King's Speech.

Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House for His Majesty's most Gracious Speech from the Throne: To congratulate His Majesty's happy Return in Safety to His People: To declare our highest Satisfaction in His Majesty's compassionate Concern for the distressed Protestants Abroad: Most thankfully to acknowledge His Majesty's great Goodness and Condescension, in acquainting us with the defensive Alliance He hath lately thought fit to enter into, and for His Gracious Promise that it should be soon communicated to us: To express our Opinion, how vain it is for any Foreign Powers to entertain the Hopes of rendering themselves formidable to Britain: To give His Majesty the strongest Assurances, that nothing is so dear to us as His Majesty's Honour; and that He may, at all Times, depend on our utmost Efforts to maintain and defend it, against all Powers whatsoever: That there can be no Doubt but that, at such a Juncture, new Schemes and Solicitations are daily making, to revive the expiring Cause of the Pretender; all which, we assure ourselves, will but hasten the Destruction of him, and of all his perjured Adherents: To acknowledge His Majesty's unwearied Endeavours to perpetuate to us the Blessing of that happy Tranquillity we now enjoy, and to maintain the general Peace and Balance of Europe; to preserve the Trade of this Nation, and to secure to His People the many valuable Rights and Privileges to which they are entitled by the most solemn Treaties: And to declare our firm Persuasion, that all His Majesty's Endeavours will be crowned with Success."

Then the Lords following were named a Committee, to prepare an Address pursuant thereto; and report to the House; (videlicet,)

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

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

After some Time, the House was resumed.

Address reported.

And the Earl of Ilay reported from the said Lords Committees, "That they had prepared an Address, pursuant to the before-mentioned Order."

Which his Lordship read, as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to return Your Majesty our most hearty Thanks, for Your most Gracious Speech from the Throne; and, with Hearts full of inexpressible Joy, to congratulate Your Majesty upon Your happy Return in Safety to Your Kingdom.

"We cannot without the highest Satisfaction reflect upon Your Majesty's Concern for our distressed Protestant Brethren Abroad: Our most zealous Endeavours shall never be wanting, that Your Majesty's pious Interposition for them may produce the most desired Effects.

"We thankfully acknowledge Your Majesty's exceeding Goodness and Condescension, in acquainting us with the desensive Alliance lately made by Your Majesty, for preventing the ill Consequences which might otherwise attend the Negotiations and Engagements entered into by other Potentates, to the apparent Prejudice of this Kingdom; and for Your Majesty's Gracious Assurance, that it should be soon laid before us.

"Nothing can be more vain than for any Foreign Powers to entertain the Hopes of rendering themselves formidable to Britain; Your Majesty having strengthened Yourself by such powerful Alliances, the Resolution and Fidelity of Your Subjects being so well known, and the late Marks of then Valour not yet worn out. We most humbly entreat Your Majesty to believe, that our Lives are not dearer to us than Your Majesty's Honour; and that Your Majesty may at all Times, with Certainty, depend upon our strongest Efforts to maintain and defend it against all Powers whatsoever, who can so far delude themselves, as to imagine that they may with Safety insult or menace the British Crown or Nation.

"It is no Surprize to us that the Enemies to Your Majesty's Person and Government are labouring to disturb the Peace of this Kingdom, if they can slatter themselves with the Prospect of any new Troubles or Commotions in Europe. We can easily believe that, at such a Juncture, new Schemes and Solicitations are daily making, by the most profligate and abandoned of them, to revive the expiring Cause of the Pretender: All which, we assure ourselves, can have no other Effect, than to hasten his Destruction, and the utter Ruin of all his perjured Adherents.

"Your Majesty's constant and unwearied Endeavours to perpetuate to us the Blessing of that happy Tranquillity we now enjoy, and to maintain the general Peace and Balance of Europe, to preserve the Trade of this Nation, and to secure to Your People the many valuable Rights and Privileges to which they are entitled by the most solemn Treaties, oblige us to all imaginable Returns of Duty and Gratitude; and leave us no room to doubt, when we consider the prudent Measures Your Majesty has taken for attaining those great Ends, but that all Your Majesty's Endeavours will, by the Blessing of God thereupon, notwithstanding any Attempts to the contrary, be crowned with Success."

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

Ordered, That this be the Address to be presented to His Majesty.

Ordered, That the same be presented to His Majesty by the whole House.

Lords to know when His Majesty will be attended.

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

Berry versus Hunt.

The Answer of Edward Hunt Esquire, to the Appeal of William Berry Esquire, presented to this House the Seventh of April last, was this Day brought in.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum primum diem instantis lanuarii, hora duodecima, Dominis sic decernentibus.

DIE Veneris, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty to be attended with the Address.

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

Bp. of Norwich to preach the 31st Inst.

Ordered, That the Lord Bishop of Norwich be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Monday the Thirtyfirst Day of this Instant January.

Committee of Privileges.

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

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

Sub-committee, Journal.

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

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

Stoppages in the Streets, Order to prevent.

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

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

Acherley & Ux versus Vernon & al

Whereas there is an Appeal depending in this House, wherein Roger Acherley Esquire and Elizabeth his Wife are Appellants, and Bowater Vernon Esquire, William Vernon, Thomas Vernon Senior, George Vernon, George Vernon an Infant, Richard Vernon, Francis Keck, John Niccoll, and Thomas Vernon an Infant, are Respondents; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

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

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

Days for hearing Causes.

Ordered, That Mondays, Wednesdays, and Fridays, be appointed Days for hearing Causes.

Sir J Home versus Home of Karms.

Upon reading the Petition and Appeal of Sir John Home Baronet, Eldest Son and Heir to Sir Patrick Home deceased; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-eighth of December 1720, the Eighteenth of July 1721, the Ninth of January 1722, the Sixteenth of January 1723, the Fifth of January 1725, and a Decree of the said Lords the Thirty-first of July following, made on the Behalf of George Home of Kaims; and praying, "That the same may be reversed:"

It is Ordered, That the said George Home may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Eighteenth Day of February next.

Adjourn.

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

DIE Martis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty's Answer to Address reported.

The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videlicet,)

"My Lords,

"I heartily thank you, for this very affectionate and loyal Address: The World may be convinced by it how fixed and immoveable all your Purposes and Resolutions are, to maintain My Honour, and promote the true Interest of your Country. You may be assured of My constant Endeavours to support the Protestant Religion, to preserve the Peace and Balance of Power in Europe, to prevent any Encroachment on the Trade of My Subjects, and on all Occasions to increase their Happiness."

Address and Answer to be printed.

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

Cowper Clerk of the Parliament's Petition, touching C. Reynell.

Upon reading the Petition of William Cowper Esquire, Clerk of the Parliaments; representing, amongst other Things, "That Charles Reynell had lately filed a Bill in the Court of Exchequer, against Spencer Cowper Esquire and the Petitioner, for a Discovery of a Promise, pretended to be made by the said Spencer Cowper, in 1714, that he would procure the said Reynell to be Deputy to the Petitioner, as Clerk of the Parliaments; and as against the Petitioner, for a specific Performance of the like pretended Promise; and that the Petitioner was, in Michaelmas Term last, served with a Subpœna, to answer the said Bill; and did appear thereto, and prayed Time to plead, answer, or demur; which he obtained accordingly, till within a Week of this Term;" and praying the Consideration of this House, touching the Matters contained in the said Petition; "and that the Petitioner might receive their Lordships Commands, how to demean himself in respect to the said Suit, before he put in his Answer, Plea, or Demurrer, to the said Bill, as the Case might require:"

And, upon reading the Affidavit of Thomas Dowse Gentleman, referred to by the said Petition, and in Support of the Allegations thereof:

It is Ordered, That the Matter of the said Petition be, and is hereby, referred to the Consideration of the Lords Committees for Privileges; and that the Petitioner, as likewise the said Charles Reynell, may be heard, by their Counsel, before their Lordships, if they think fit.

Sir J. Shaw versus Ly. Shaw, al. Houstoun.

Upon reading the Petition and Appeal of Sir John Shaw of Greenock Baronet; complaining of an Interlocutory Order of the Two and Twentieth of June 1725, and an Order and Decree of the Twentieth of July following, made by the Lords of Session in Scotland, in a Cause wherein the Petitioner was Plaintiff, and Dame Margaret Schaw alias Houstoun was Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said Dame Margaret Schaw alias Houstoun may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the Two and Twentieth Day of February next.

Acherley & Ux. versus Vernon & al.:

Whereas Wednesday the Second Day of February next is appointed, for hearing the Cause wherein Roger Acherley Esquire and Elizabeth his Wife are Appellants, and Bowater Vernon Esquire and others are Respondents:

Judges to attend.

It is Ordered, That the Hearing the said Cause be adjourned to the Friday following; and that the Judges, or some of them, do attend the said Hearing.

Ly. Houstoun, al. Shaw, versus Sir J. Shaw.

Upon reading the Petition and Appeal of Dame Margaret Houstoun alias Schaw; complaining of Two Decrees of the Lords of Session in Scotland, made the Nineteenth and Twenty-fifth Days of July 1711, in a Cause wherein the Petitioner's Mother was Plaintiff, and Sir John Shaw Baronet was Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said Sir John Shaw may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the Two and Twentieth Day of February next; and that Service of this Order upon the said Respondent's Agent, or Writer, in the Court of Session in Scotland, be deemed good Service.

Cornwall versus Bowles.

Upon reading the Petition and Appeal of Francis Cornwall Esquire; complaining of a Decree of the Court of Chancery, made the Seventeenth Day of June 1724, in a Cause wherein William Bowles Esquire was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said William Bowles may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Eighth Day of February next.

Herbut versus Philpott and Hodges.

Upon reading the Petition and Appeal of Isaac Helbut; complaining of a Decree of the Court of Chancery, made the Seventeenth of October 1723, in a Cause wherein Nicholas Phillpott Esquire was Plaintiff, and the Petitioner and John Hodges were Defendants; and praying, "That the same, and the Proceedings and Orders grounded thereon, may be reversed; and that the Decree made by the Master of the Rolls, the Ninth of May 1721, for the Dismission of the Plaintiff's Bill, as against the Petitioner, with Costs, may be affirmed:"

It is Ordered, That the said Nicholas Phillpott and John Hodges may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Eighth Day of February next.

Adjourn.

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

DIE Mercurii, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M^cCulloch versus M^cCulloch.

This Day the Answer of Christian M^cCulloch, to the Appeal of David M^cCulloch of Pilton, presented to this House the Twelfth of March last, was brought in.

Ash versus Sir W. Parsons & Ux.

Whereas there is an Appeal depending in this House, wherein Richard Ash Esquire is Appellant, and Sir William Parsons Baronet and Dame Elizabeth his Wife are Respondents; which, by Order of the Two and Twentieth of April last, was adjourned to this Session of Parliament:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

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

Ward and Fen versus Johnson & al.

Upon reading the Petition and Appeal of John Ward and Henry Fenn Esquires; complaining of several Orders of the Court of Chancery, made the Seventeenth of January 1721, the Sixteenth and Thirty-first of January 1722, the Twenty-seventh of July 1723, the Nineteenth of December 1724, the Seventeenth of August and Eleventh Days of November last, in a Cause wherein Margaret Johnson Widow, Arthur Collier and Margaret his Wife, were Plaintiffs, and the Petitioners were Defendants; and praying, "That the same, so far as the Petitioners complain, may be reversed; and that the Money paid in Obedience to the said Orders may be refunded to the Petitioners:"

It is Ordered, That the said Margaret Johnson and Arthur Collier and his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Ninth Day of February next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery be deemed good Service.

M^cGuire versus Maddin:

The House was informed, "That Richard Maddin Merchant, who, by Order of this House of the Twenty-third of February last, was required to put in his Answer to the Appeal of Richard M^cGuire Merchant on or before the Thirtieth of March following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Samuel Richardson, of the said Service, being read:

To answer peremptorily.

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

O Hara versus Sir R. Adaire:

Upon reading the Petition of Charles O Hara Esquire, Appellant in a Cause depending in this House, to which Sir Robert Adaire Knight is Respondent; praying, "In regard the Petitioner's Appeal, by his Case, was not fully laid before Counsel, and the same is deficient, that the Petitioner may be at Liberty to amend the said Appeal:"

To amend Appeal.

It is Ordered, That the Petitioner be at Liberty to amend the said Appeal, as desired.

Vaughan versus Blake.

Whereas there is an Appeal depending in this House, wherein William Vaughan Merchant is Appellant, and Robuck Blake Gentleman is Respondent; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

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

Edgworth versus Swift.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Edward Edgworth Esquire is Appellant, and Mead Swift Gentleman is Respondent:"

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

Mr. Carpenter & al. Petition referred to Judges.

Upon reading the Petition of George Carpenter Esquire and Elizabeth his Wife, Daughter of David Petty of London Merchant, and of the said David Petty; praying Leave to bring in a Bill, to rectify and amend a Mistake in the Settlement made on the Marriage of the Petitioner George Carpenter with the said Elizabeth his now Wife:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

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

DIE Veneris, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Saltoun versus Fraser.

Whereas there is an Appeal depending in this House, wherein Alexander Lord Saltoun is Appellant, and Mr. William Fraser is Respondent; and though the Cause was appointed to be heard the last Session of Parliament, yet the same came not to a Hearing:

And the House being this Day moved, "To appoint a Day for hearing thereof:"

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

Neilson versus Murray.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Neilson of Chapell is Appellant, and John Murray is Respondent:"

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

Major Cochrane versus L. Blantyre.

Upon reading the Petition and Appeal of Major Thomas Cochrane; complaining of Two Interlocutors of the Lords of Session in Scotland, of the Twenty-second and Thirtieth Days of July last, in a Cause wherein the Petitioner was Plaintiff, and Robert Lord Blantyre was Defendant; whereby the said Lords refused the Petitioner his Expences, and ordained the Bonds in Question to remain in the Process, and not be given up to the Petitioner, in order to be retired; and praying, "That the same may be reversed:"

It is Ordered, That the said Robert Lord Blantyre may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the Twenty-fifth Day of February next.

Brown & al. versus Gibbins.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Henry Brown, Jude Clarkson, Humphrey Drew, Andrew Davis, John Wardell, and Thomas Lloyd, are Appellants, and Richard Gibbins is Respondent:"

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

Account of prohibited East India Goods and Naval Stores delivered.

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

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

And being withdrawn;

The Titles thereof were read, by the Clerk, as follow:

The Return of the Commissioners of the Customs to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East-India Goods, and Naval Stores imported from Russia, from Michaelmas 1724, to Michaelmas 1725.

"1. An Account of prohibited East-India Goods remaining in Warehouses at St. Hellens at Michaelmas 1724; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1725."

"2. An Account of prohibited East-India Goods remaining in Warehouses at Leadenhall at Michaelmas 1724; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1725."

"3. An Account of prohibited East-India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1724; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1725."

"4. An Account of prohibited East-India Goods remaining in the respective Warehouses in the Out Ports at Michaelmas 1724; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1725."

"5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1724, to Michaelmas 1725."

"6. An Account of Naval Stores imported from Russia into the Ports commonly called The Out Ports, from Michaelmas 1724 to Michaelmas 1725."

Barker versus Gyles & al.

Upon reading the Petition and Appeal of Robert Barker Gentleman; complaining of a Decree of the Court of Chancery, made about the Fourth Day of June last, in a Cause wherein the Petitioner was Plaintiff, and Nathaniel Gyles and Lawrence Smith, Executors of Robert Barker Esquire, deceased, Martha Barker, John Blake, and Penelope his Wife, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Nathaniel Gyles, Lawrence Smith, Martha Barker, and John Blake and his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Eleventh Day of February next; and that Service of this Order on the Defendants Clerk in the said Court of Chancery be deemed good Service.

Ellison versus Stewart:

Upon reading the Petition of Jabez Collier Gentleman, Agent for Nathan Ellison Merchant; setting forth, "That the said Ellison, the latter End of the last Session of Parliament, lodged his Appeal in this House, from several Proceedings in the Chancery of Ireland; and obtained their Lordships Order for William Stewart to put in his Answer, but has not as yet received any Proof of the Service of the same;" and praying, That the said Order may be renewed; that the Appellant may be enabled to make Proof of the Service thereof, in case the former Order should have miscarried:"

And thereupon the said Jabez Collier being called in; and examined, upon Oath, at the Bar, touching the Matters contained in the said Petition:

Appeal revived.

It is Ordered, That the Appellant have Liberty to make Proof of the Service of the said Order, that a peremptory Day for answering, may be appointed; but if such Proof cannot be made, then to serve the said Respondent anew, without Delay; who, in such Case, is hereby required to put in his Answer to the said Appeal on or before Friday the Fourth Day of March next.

Representatives of the late L. Tullamore to be Respondents to Mitchell's Appeal.

Upon reading the Petition of William Mitchell of the City of London Merchant; setting forth, "That, the last Session, he appealed to this House, from several Orders of the Court of Chancery in Ireland, in a Cause wherein the Petitioner was Plaintiff, and Robert Cratge and the Lord Tullamore and others, Creditors of the said Craige, were Defendants; which said Craige and Creditors have put in their Answers; but the said Lord Tullamore is since dead intestate, and no Administration as yet granted to any one; and praying Leave to make the legal Representatives of the said Lord Tullamore (when known) Parties to the said Appeal:"

It is Ordered, That the legal Representatives of the said late Lord Tullamore (when known) may be made Respondents, as desired; who, upon due Service of this Order, are hereby required to put in their Answer to the said Appeal, without Delay.

Boyning versus Boyning:

Upon reading the Petition of John Hamilton Gentleman, Agent for Joseph Boyning Gentleman; setting forth, "That the said Boyning, the last Day of the last Session of Parliament, lodged his Appeal in this House, from several Proceedings in the Chancery of Ireland; and obtained their Lordships Order for Thomas Boyning to put in his Answer, but has not as yet received any Proof of the Service of the said Order;" and praying, "That the same may be renewed; that the Appellant may be enabled to make Proof of the Service thereof, in case the former Order should have miscarried:"

And thereupon the said John Hamilton being called in; and examined, upon Oath, at the Bar, touching the Matters contained in the said Petition:

Appeal revived.

It is Ordered, That the Appellant have Liberty to make Proof of the Service of the said Order, that a peremptory Day for answering may be appointed; but, if such Proof cannot be made, then to serve the said Respondent anew, without Delay; who, in such Case, is hereby required to put in his Answer to the said Appeal on or before Friday the Fourth Day of March next.

Berry versus Hunt.

Upon reading the Petition of John Hamilton Gentleman, Agent for William Berry Esquire, to whose Appeal Edward Hunt Esquire is Respondent; praying, "That such Day may be appointed, for hearing this Cause, as the House shall think sufficient, for the Appellant to attend, and bring over the Papers and Proceedings therein from Ireland:"

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

Napier versus Napier & Ux.

Upon reading the Petition and Appeal of Gabriel Napier Writer in Edinburgh; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Tenth and Twentieth of November 1722, the Twenty-fifth and Twenty-eighth of June, the Twentieth of November, and Thirteenth of December, 1723, and an Interlocutor of the Eleventh of July 1724, made on the Behalf of Peter Napier of Napierstoun and Margaret Young his Wife; and praying, "That the same may be reversed:"

It is Ordered, That the said Peter Napier and his Wife may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on or before Friday the Twentyfifth Day of February next; and that Service of this Order upon the Agent, or Procurator, of the Respondents, in the Court of Session in Scotland, be deemed good Service.

Mr. Ross to enter into a Recognizance for the Appellant.

The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for the said Appellant; he residing in Scotland:"

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

Sir Festus Burke's Petition referred to Judges.

Upon reading the Petition of Sir Festus Burke Baronet; praying Leave to bring in a Bill, for Sale of Part of an Estate, in the County of Gallway, in the Kingdom of Ireland, towards discharging the Debts and Incumbrances affecting the same; and for charging the Remainder thereof with a Rent-Charge of Five Hundred Pounds per Annum, as and for the Jointure of Dame Letitia Burke the Petitioner's Wife, according to her Marriage Agreement; and for settling the rest and Residue of the said Estate to the Uses, and upon the Trusts, Intents, and Purposes, in the said Agreement mentioned:

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

Tutt versus Mercer:

Upon reading the Petition and Appeal of John Tutt Gentleman; complaining of a Decree of the Court of Exchequer, made the Twenty-second Day of February 1723, in a Cause wherein John Mercer Gentleman was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said John Mercer may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Eleventh Day of February next.

Mr. Dolliffe to enter into Recognizance for the Appellants.

The House being moved, "That James Dolliffe Esquire may be permitted to enter into a Recognizance for the said Appellant; he being at a Distance in the Country:"

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

Adjourn.

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

DIE Lunæ, 31^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 Martis, primum diem Februarii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.