House of Lords Journal Volume 23: January 1727, 21-30

January 1726, 21-30

DIE Sabbati, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Stratton versus Payne.

This Day the Answer of Anne Payne Spinster, to the Appeal of Nathaniel Stratton Esquire and Mary his Wife, and their Children, was brought in.

Mitchell's Petition for hearing:

Upon reading the Petition of William Mitchell of the City of London Merchant; praying, "That his Appeal, to which Robert Craige and others are Respondents, may be appointed to be heard; and, in regard some of the Respondents have not yet answered, that the said Appeal, as to them, may be heard ex Parte:"

And thereupon Mr. Thomas Cole, the Petitioner's Agent, being called in, and sworn, and examined; he delivered in, at the Bar, an Affidavit of Service of the Order for answering, on Captain Thomas Lum and the Lady Dowager Tullamore.

And being withdrawn;

And the said Affidavit read:

Respondents to answer peremptorily.

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

Crosley, for Papers to be produced at Hearing.

Upon reading the Petition of Nathaniel Crosley, Appellant in a Cause depending in this House, to which George Shadforth is Respondent; setting forth, "That a Receipt for Three Hundred Fifty-six Pounds Five Shillings, also a Letter from the Petitioner to the said Respondent, dated the Tenth of January 1720, and likewise an Accompt current, dated the Twentysixth of October 1720, were all read on hearing the Cause below, and may be material to be produced at the Hearing the said Cause in this House;" and praying, "That the said Receipt, Letter, and Accompt current, may be then produced; and also that the proper Officer of the Court of Exchequer may attend, with the Book of Minutes wherein the Minutes of the Decree in this Cause are entered:"

It is Ordered, That the Matters abovementioned be produced; and that the Officer of the said Court of Exchequer do attend, with the Minute Book, at the Hearing the said Cause in this House, according to the Prayer of the said Petition.

Williams versus Lane & al.

The House being moved, on the Behalf of John Bell Lane Esquire and Mary Viscountess Lanesborough, Respondents to the Appeal of Edward Williams 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 Friday the Twentyfourth Day of February next, at Eleven a Clock.

Squier versus Lady Pershall.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Squier Gentleman is Appellant, and the Lady Rachel Pershall is Respondent:"

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

Squier versus Dowell.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Arthur Squier Gentleman is Appellant, and John Baker Dowell is Respondent:"

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

Ashton versus Smith & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein Joseph Ashton Esquire is Appellant, and Jonathan Smith, Richard Lechmere, and others, are Respondents:"

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

Nisbet versus Nisbets & al.

The House being also moved, "That a Day may be appointed, for hearing the Cause wherein William Nisbet of Dirleton Esquire is Appellant, and Janet, Jane, and Willielma Nisbet, by Mr. David Erskine, Sir John Hume, Sir James Campbell, Mr. Collin Campbell, John Scot, and James Hume, their Tutors and Guardians, are Respondents:"

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

Stratton & al. versus Payne.

And the House being also moved, on the Behalf of Anne Payne Spinster, Respondent to the Appeal of Na thaniel Stratton Esquire and Mary his Wife, William Stratton, Edward Stratton, Nathaniel Stratton Junior, and John Stratton, their Children, "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 Eighth Day of March next, at Eleven a Clock.

Papers between Great Britain and Spain delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, pursuant to the former Part of their Lordships Address on Thursday last, the several Papers therein desired, with a List of them.

The said List of Papers was read, by the Clerk, as follows:

"1. French Translation of a Letter from the Marquis De la Paz to Mr. Stanhope, dat. 6/17 August, 1726, and English Translation of the same."

"2. Copy of a Letter from Mr. Stanhope to the Marquis De la Paz, 6/17 August, 1726, and Translation."

"3. French Translation of a Letter from the Marquis De la Paz to Mr. Stanhope, August 8/19th, 1726, and English Translation of the same."

"4. Copy of Mr. Stanhope's Memorial to the King of Spain, September 14/25th, 1726, and Translation."

"5. French Translation of a Letter from the Marquis De la Paz to Mr. Stanhope, September 19/30th, 1726, and English Translation of the same."

"6. French Translation of a Letter from Don Antonio Serrano, dated at The Havana, the 28th July,/8th August, 1726, and English Translation of the same."

"7. French Translation of the Deposition of Don Diego Ramos, at Trinidad de Cuba, 17/28th July 1726, and English Translation of the same."

"8. Copy of a Letter from Mr. Stanhope to the Marquis De la Paz, November 14/25th, 1726, and Translation."

"9. Copy of a Letter from Mons. De Morville to the Nuncio Massei, October 6/17th, 1726, and Translation."

"10. Copy of Mons. De Morville's Letter to Mr. Walpole, dated October 31,/November 11, 1726, and Translation."

"11. Copy of Mons. De Morville's Letter to Nuncio Massei, October 31,/November 11, 1726, and Translation."

"12. Copy of Mons. De Pozzobueno's Letter to his Grace the Duke of Newcastle, December 21,/January 1, 1726, and Translation."

Accession of The States General to the Treaty of Hanover, delivered.

The Lord Viscount Townshend likewise (by His Majesty's Command) presented to the House, pursuant to the latter Part of the said Address,

"Copy of the Accession of The States General to the Treaty of Hanover, dated at The Hague, 9th August, 1726, N. S. and Translation;" also

"Copies of Four Instruments belonging to the said Accession, all dated at The Hague, 9th August, 1726, and Translations."

The Titles whereof were read, by the Clerk.

E. Strafford's Privilege:

The House being moved, "That Thomas Tooke, an Attorney, formerly taken into Custody for a Breach of the Privilege of Thomas Earl of Strafford, may be again attached; he not having made his Submission, nor paid his Fees due to the Officers of this House:"

Tooke to be be attached.

It is Ordered, That the Gentleman Usher of the Black Rod attending this House, do forthwith re-attach the Body of the said Thomas Tooke, and keep him in safe Custody, during the Pleasure of this House.

Adjourn.

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

DIE Martis, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Town of Shrewsbury versus St. John's College.

This Day the Answer of His Majesty's Attorney General, at the Relation, and for and on the Behalf, of the Master, Fellows, and Scholars, of St. John's College in Cambridge, to the Appeal of the Mayor, Aldermen, and Burgesses, of the Town of Shrewsbury:

D. of Grafton versus Horton.

Also, the Answer of Thomas Horton an Infant, by Alice Horton his Mother and next Friend, to the Appeal of Charles Duke of Grafton:

Dames versus Dames.

As also, the Answer of Elizabeth Dames, to the Appeal of John Dames;

Were brought in.

Wests versus Erisey & al.

Upon reading the Petition and Appeal of Mary West and Frances West, Infants, by John West Esquire their Father and Prochein Amie; complaining of a Decree of Dismission of the Court of Exchequer, made the Sixth, Ninth, and Twelfth Days of December last, in a Cause wherein the Petitioners were Plaintiffs, and Mary Erisey and Thomas Barrable an Infant by the said Mary Erisey his Guardian, and others, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the Seventh Day of February next.

Walker versus Nightingale at al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Walker of London Merchant is Appellant, and Joseph Gascoigne Nightingale Esquire and Francis Chamberlain are Respondents:"

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

D. Grafton versus Horton.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Duke of Grafton is Appellant, and Thomas Horton an Infant, by Alice Horton his Prochein Amie, is Respondent:"

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

Haldane versus Anstruther & al.

Whereas there is an Appeal of Patrick Haldane Esquire, to which Sir Alexander Anstruther, Robert Lumsden, and the Lady Dowager of Innergellie his Mother, Mr. Walter Wilson, and Sir John Anstruther, 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, "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 Fifteenth Day of March next, at Eleven a Clock.

Sir J. Home versus Home.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Home Baronet is Appellant, and George Home of Karms is Respondent:"

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

Mr. Steel to enter into Recognizance for the Town of Shrewsbury.

The House being moved, "That Thomas Steel of Symmond's-Inne Gentleman may be permitted to enter into a Recognizance for the Mayor, Aldermen, and Burgesses, of the Town of Shrewsbury, on account of their Appeal depending in this House, to which His Majesty's Attorney General, at the Relation, and for and on the Behalf, of the Master, Fellows, and Scholars, of St. John's College, Cambridge, is Respondent:"

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

Segrave versus Ryan.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Segrave Widow is Appellant, and Do'n'k Ryan Apothecary in Dublin is Respondent:"

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

Accounts of prohibited East India Goods, &c. 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 Account of prohibited East India Goods and Naval Stores imported from Russia, from Michaelmas 1725 to Michaelmas 1726.

"1. An Account of prohibited East India Goods remaining in Warehouses at St. Hellcns the 29th September 1725; with what has been brought in since that Time, what exported, as also what remained the 29th September 1726."

"2. An Account of prohibited East India Goods remaining in Warehouses at Leaden-hall the 29th September 1725; with what has been brought in since that Time, what exported, as also what remained the 29th September 1726."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse at the Port of London the 29th September 1725; with what has been brought in since that Time, what exported, as also what remained the 29th September 1726."

"4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports at Michaelmas 1725; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1726."

"5. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1725 to Michaelmas 1726."

6. An Account of Naval Stores imported from Russia into the Ports commonly called the Out Ports, from Michaelmas 1725 to Michaelmas 1726."

M'Guire versus Tabois.

Upon reading the Petition and Appeal of Richard M'Guire of Dublin Banker; complaining of a Decree of the Court of Exchequer in Ireland, made the Twenty-fourth of June 1725; and an Order of the said Court the Twenty-sixth of the same Month, in a Cause wherein Abraham Tabois was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the said Abraham Tabois may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Twenty-eighth Day of February next.

Meynell & al. versus Moore.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sarah Meynell and Isaac Crabb are Appellants, and George Moore is Respondent:"

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

Kerrich versus Bransby & al.

Upon reading the Petition and Appeal of John Kerrich; complaining of a Decree of the Court of Chancery, made the Fourteenth Day of November 1718, in a Cause wherein Thomas Bransby Esquire was Complainant, and the Petitioner and others were Defendants; and praying, "That the same may be reversed, and the Complainants Bill dismissed with Costs; and that Bridget Bransby, Thomas, William, James, George, Astley, Elizabeth, Margaret, and Maria Bransby, Anne Kerrich, Gyles Bladwell, and Elizabeth Bladwell, may put in their Answers to this Appeal:"

It is Ordered, That the Parties beforementioned may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Seventh Day of February next.

E. of Strafford versus Blakeway.

Upon reading the Petition and Appeal of Thomas Earl of Strafford; complaining of an Order of the Court of Chancery, made the Nineteenth Day of October laft, in a Cause wherein William Blakeuay and Sarah Harding Widow were Plaintiffs, and the Petitioner was Defendant; and praying, "That the same may be reversed, and the Petitioner's Plea allowed:"

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

His Majesty's Speech considered:

The Order of the Day being read, for taking into Consideration His Majesty's most Gracious Speech:

The same was read, by the Clerk.

Ordered, That this House be immediately put into a Committee of the whole House, to take His Majesty's said Speech into Consideration; and that the same, as also the several Papers laid before this House pursuant to their Lordships late Address presented to His Majesty, be referred to the said Committee.

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had taken His Majesty's most Gracious Speech into Consideration, as likewise the Papers referred to the said Committee; and were come to the following Resolution; (videlicet,)

Resolution approving of the Measures taken with respect to Spain.

That it fully appears to this Committee, upon Consideration of His Majesty's Speech, and the Letters and Memorials laid before the House by His Majesty's Order, that the Measures His Majesty has thought fit to take were honourable, just, and necessary for preventing the Execution of the dangerous Engagements entered into in Favour of the Pretender, for preserving the Dominions belonging to the Crown of Great Britain by solemn Treaties, and particularly those of Gibraltar and the Island of Minorca; and for maintaining to His People their most valuable Rights and Privileges of Commerce, and the Peace and Tranquillity of Europe."

Which being read Twice by the Clerk:

The Question was put, "Whether to agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

"Dissentient.

Protest against it.

"1. The Resolution of the Committee being not only a Justification of the Measures therein mentioned, but tending to approve the Counsels which have been given to the Crown relating thereto; we can by no Means agree, that it fully appears they were honourable, just, and necessary, before they have been maturely and distinctly considered; the only Question as yet-debated in the Committee (except the Resolution) being upon an Address of Advice to His Majesty, for obtaining a further Security from, and Confidence with, His Allies, in case of a Rupture; which Address appeared to us more seasonable and necessary in the present Conjuncture than any Vote of Approbation. We therefore cannot concur in approving Measures and Counsels not yet examined into, the further Consideration whereof may be also precluded by this Resolution.

2dly, The Papers hitherto laid before the House, in order to the Consideration of His Majesty's Speech, are such only as concerned the Accession of The States General to the Treaty of Hanover, and Letters and Memorials since the Arrival of the British Fleets on the Coasts of Spoin and in America; but none of the Negotiations or Measures (which we suppose to have been many) that have been carried on between the Courts of Britain and Vienna, and the Northern Powers, which His Majesty's Speech, and the Resolution also, may have Relation to, have as yet been communicated to this House: But all those Measures and many others (unknown, as we believe, to this House) are, in our Opinions, intended to be approved and justified by this Resolution; to which, therefore, we cannot concur, no more than if it had declared the Measures honourable, just, and necessary, which shall hereafter be taken for the Purposes therein mentioned.

3dly, Although we rely, in the most dutiful Manner, on the Declaration made from the Throne, concerning a secret dangerous Engagement for placing the Pretender on the Throne of these Kingdoms; yet finding, by the Papers laid before the House, that any such Engagement or Measure for putting the same in Execution is absolutely denied on the Part of the Crown of Spain (One of the supposed Parties to the said Engagement), we cannot agree to the Resolution; because Time may evince, that the Informations His Majesty has received concerning that Engagement were not justly grounded; and the Measures taken to prevent the Execution of them, whatever they were, not having been as yet particularly considered, we cannot declare them honourable, just, and necessary.

4thly, We find it charged, in One of the Papers laid before the House, "That very considerable Sums of Money have been sent and employed, in France, Holland, Prussia, Sweden, and other Places, to promote and accomplish the Designs of the British Court;" which Insinuation, as vile as we think it is, the Committee have not yet taken the same into their Consideration, though a thorough Examination into the Grounds of that Insinuation is, in our Opinions, absolutely necessary for the Honour of His Majesty's Government, and the Satisfaction of this House: We cannot, therefore, agree to the Resolution; which, as we conceive, may be construed to stop all future Inquiries into this Matter.

5thly, Whatever Measures may have been taken to preserve Gibraltar and the Isle of Minorca; yet we cannot agree to declare them honourable, just, and necessary, before they have been fully considered in the Committee; and the rather, because we find it asserted, on the Part of Spain, in One or more of the Memorials before the House, "That a positive Promise has been made, on the Behalf of Britain, for the Restitution of Gibraltar to Spain; on the Performance of which Promise Spain, as it appears to us, still insists: We cannot, therefore, agree to the Resolution, before the Truth and all the Circumstances of that pretended Promise are thoroughly examined into; which Promise if it should appear to have been made, as is asserted, we are of Opinion that it was highly criminal in those who advised it.

6thly, The Measures taken for maintaining the British Commerce, and the Tranquillity of Europe, have not, as we think, been under the distinct Consideration of the Committee, since the Memorials and Letters were laid before the House. The Oppositions made, if any, on Behalf of Britain, at the Court of Vienna, to the Ostend Company, are unknown to us, as well as the Circumstances relating to the late Baltic Expedition. But yet all these Matters were the proper Consideration of the Committee. For which, and the other Reasons abovementioned, we, being apprehensive that the Resolution proposed may not give solid Ground of Satisfaction to the People of Britain, or to any Foreign Powers in Alliance with us, or conduce to the Honour of His Majesty's Government, or the Support of the Dignity of this House, cannot agree thereto.

"Scarsdale.
Bruce.
Coventry.
Strafford.
Aberdeen.
St. John de Bletsoe.
Bristol.
Boyle.
Oxford & Mortimer.
Bathurst.
Montjoy.
Foley.
Compton.
Lechmere.
Weston.
Gower.
Masham."

Motion for an Address for the King, to press the King of Prussia and The States General to concar with Him in case of a War with Spain:

Then it was moved, "To resolve, that an humble Address be presented to His Majesty, representing the deep Concern of this House, on the Prospect of the imminent Dangers which threaten these Kingdoms, and all Europe, at this Juncture, from the formidable Confederacies which, His Majesty assured His Parliament, were entered into, between the Courts of Spain, Vienna, Russia, and other great Powers; whereby the general Tranquillity may soon be broke, and Europe engaged in a new War: And it appearing to this House, from the Act of Accession of The States General, and the separate Articles thereto belonging, that their Accession is made upon several Conditions and Reserves on their Part; and particularly that, in the separate Article concerning the Commerce from The Austrian Low Countries to The Indies, it is provided, "That if, on Account of their Use of their Right of Commerce, or in Hatred of that Alliance, any Disturbance should happen, and His Imperial Majesty should suspend or retain the Payment of the Subsidies due to the Republic for the Maintenance of their Troops in the Places of the Barrier, or the Payment of the Interest and Principal placed by Mortgage on divers Funds assigned by His Imperial Majesty for the Security of that Payment, or make Use of any other Kind of Reprizals, or Ways of Force, that it is the Intention of the other Contracting Powers to protect and maintain The States General in their Right of Commerce to The Indies, and guaranty them from all the Consequences which might result therefrom, without having Power to proceed by Force against the Company of Ostend, before the Contracting Powers shall have agreed thereon: And, by another separate Article, it being stipulated and reserved to The States General, "That they shall continue to have the same Liberty, with respect to every Thing that shall be proposed to them by the Contracting Powers, upon such Points whose Object shall be the maintaining the Balance of Power in Europe, as they had before their Accession, without being bound by their Accession to take Part in the Measures which they should not consent to: And it appearing to this House, that His Prussian Majesty did not concur in the said Accession of The States General; in Consequence of all which, the Strength and Security which the Treaty of Hanover might otherwise import, in the present unhappy Conjuncture, is much weakened; and, in case of a general Rupture, the Danger, as well as the Burthen, of the War must fall upon Great Britain; and the Preservation of the Balance of Power in Europe depends on the Continuance of the Friendship and Assistance of France alone, unless more effectual Measures are taken for that great End.

"Therefore, that this House, out of Duty to His Sacred Majesty, and from their unseigned Zeal for the Safety of His Government and the Liberties of Europe, doth most earnestly beseech His Majesty to make new and pressing Instances with His Prussian Majesty and The States General, to concur with His Majesty, and His other Allies, in such Manner as the present critical and dangerous Juncture requires; and as, in the Event of a War, in case a War is unavoidable, His Majesty may, by the Blessing of God, secure a just Balance of Power in Europe, as well as the Religion, Liberties, Properties, and Commerce, of His Subjects."

Which being objected to:

The Question was put, "Whether such an Address shall be made to His Majesty?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"The Address proposed representing, as we think, the present State of the late defensive Alliance made at Hanover; which, for aught appears to us, is the main Support on which Britain can depend, besides its own Strength, in case of a general Rupture in Europe; we thought it highly necessary that it should have passed into a Resolution, whereby His Majesty's Hands might have been strengthened in His future Concerts with His Allies, and such farther Measures effected as are necessary to preserve His Alliances, during the War, against the dangerous Combinations leveled against Great Britain; and by which such a Re-partition of Conquests, in case of Success, might be previously settled, as in the Event would prevent the loss of a just Balance of Power in Europe. And we are the more convinced of the Necessity of the Advice proposed in the Address, because we find, in One of the Letters laid before the House, that a Proposition has been made by the Court of Spain to the King of France, though not agreed to, to declare Himself against Great Britain, on a Pretence (which we hope is groundless) that the defensive Alliance between Great Britain and France doth no longer subsist.

"Scarsdale.
Coventry.
Strafford.
St. John de Bletsoe.
Bathurst.
Gower.
Montjoy.
Boyle.
Compton.
Oxford & Mortimer.
Bruce.
Aberdeen.
Bristol.
Foley.
Weston.
Lechmere.
Masham."

Motion for the King's Speech to be further considered:

After which, it was moved, "To order, that this House will, on this Day Sevennight, take into further Consideration His Majesty's most Gracious Speech."

The same was objected to.

And Debate thereupon:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1. Because the Committee, having sat One Day only on the Consideration of His Majesty's Speech, could possibly deliberate but upon few of the many weighty Points which arise thereon; on all which, the Advice and Support of this House, in our Opinions, is absolutely necessary. And since even the Facts relating to many of these weighty Matters have not, as we conceive, been yet laid before the House; we think the farther Consideration of the Speech should not have been refused; there not being, as we believe, any Precedent for such a Refusal, under the like Circumstances, on the Journals of this House.

"2dly, His Majesty's Speech containing the Causes of calling His Parliament, and the Advice of this House to the Crown being required thereon; the Refusal of the Day proposed, seems to us tending to disable the House from discharging their Duty to the Crown as well as to the Kingdom, in this critical and dangerous Juncture: And, as the further Consideration proposed is thereby at present refused, the Precedent, as we fear, lays a Foundation for depriving this House, in future Times, of any Opportunity at all for such Considerations; by which Means this House must, in our Opinions, be rendered useless, in those great Affairs whereon the Safety and Support of the Liberties of the Kingdom may depend.

"Bruce.
Coventry.
Scarsdale.
Aberdeen.
Oxford & Mortimer.
Strafford.
Montjoy.
Gower.
Bathurst.
Bristol.
Boyle.
Compton.
Foley.
Lechmere.
St. John de Bletsoe.
Weston.
Masham."

Standing Orders relating to Private Bills to be considered.

The Order for taking into Consideration the Standing Orders of this House, relating to Private Bills, To morrow, being read:

It is Ordered, That this House will, on Friday next, take the said Standing Orders into Consideration.

Adjourn.

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

DIE Jovis, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Skerret versus Nisbet & al.

The House was informed, "That John Nisbet, William Slack, and Joseph Hall, who, by Order of this House of the Third of February last, were required to put in their Answer or respective Answers to the Appeal of Humphrey Skerret Gentleman on or before the Tenth of March following, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Bryan Mehcux of the City of Dublin Gentleman, of the said Service, being read:

To answer peremptordy

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

Chevers versus Chevers:

The House was also informed, "That John Chevers the Younger, Christopher Chevers, Andrew Crosby, Clare Geoghagan alias Hussey, Hobbart Dillon and Mary his Wife, and others, who, by Order of this House of the Sixth of April last, were required to put in their Answer or respective Answers to the Appeal of Andrew Chevers and Hyacinth Chevers, on or before the Eleventh of May following, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Michacl Scott of the City of Dublin, 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 in a Weck.

Noke versus Darby et Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Noke of London Merchant is Appellant, and Richard Darby and Selwyn his Wife are Respondents:"

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

Dillon to enter into Recognizance for Dillon.

The House being moved, "That John Dillon Esquire may be permitted to enter into a Recognizance for Robert Dillon Esquire and the Lady Shaen his Wife, on account of their Appeal depending in this House, to which Catherine Viscountess Dowager Mount Cashell and Morgan Magan Esquire are Respondents; the Appellants residing in Ireland:"

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

The like Order for the said John Dillon to enter into a Recognizance for the said Robert Dillon and the Lady Shaen his Wife, on Account of their other Appeal, to which Frances Shaen, Elizabeth Shaen, and Susanna Shaen, Minors, by their Prochein Amie Thomas Magan Esquire, are Respondents, for the same Reason.

M^cCulloch versus M^cCulloch.

Whereas there is an Appeal depending in this House, wherein David M'Culloch is Appellant, and Christian M'Culloch 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 Twentyseventh Day of March next, at Eleven a Clock.

Came versus Came.

Upon reading the Petition and Appeal of Francis Came and Jane Came; complaining of an Order and Decree of the Court of Chancery, made by the Master of the Rolls, the Sixth Day of November 1725, in a Cause wherein John Came an Infant, by Elizabeth Came his Mother and next Friend, was Plaintiff, and the Petitioners and others were Defendants; and praying, "That the same, and the subsequent Proceedings had thereupon, may be reversed, and the Petitioners relieved:"

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

Adjourn.

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

DIE Veneris, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Middleton versus Roberts.

Upon reading the Petition and Appeal of Philip Middleton Merchant; complaining of Part of a Decree of the Court of Chancery, made the Seventh Day of March 1723, in certain Causes, wherein John Roberts Esquire was Plaintiff, and the Petitioner and others were Defendants; and wherein the Petitioner was Plaintiff, and the said John Roberts and others were Defendants; and praying, "That the same may be rectified:"

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

Barker versus Gyles & al.

The House was informed, "That the Agent for Robert Barker Gentleman, Appellant in a Cause depending in this House, to which Nathaniel Gyles and Lawrence Smith, Executors of Robert Barker Esquire, deceased, and others, are Respondents, was attending Yesterday, in order to apply for a Day to hear the said Cause; but that the House was then newly adjourned."

Whereupon Mr. Jabez Collier, the said Agent, was called in; and being examined, upon Oath, he attested the Truth of the said Information.

And withdrew.

And thereupon it being moved, "That a Day be appointed, for hearing the said Cause:"

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

Love & al. versus Letrange & al.

Upon reading the Petition and Appeal of Dorothy Love and Emma Gorbell; complaming of a Decree of the Court of Chancery, made the Third Day of August last, in a Cause wherein the Petitioners were Plaintiffs, and Henry Lestrange, Gawen Nash, Francis Hill and Frances his Wife, William Smith and Mary his Wife, Jane Nash Spinster, Henry Nash, and Susan Nash, were Defendants; and praying, "That the same may be reversed, and the Defendant Lestrange accompt and pay the Petitioners the Residue of the Personal Estate of Walter Walterson, together with the Increase and Improvement thereof, having all just Allowances:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Tenth Day of February next.

Pakenham versus Hoskyns & al.

Upon reading the Petition and Appeal of Robert Pakenham Lsquire; complaining of a Decree of Dismission, made by the Master of the Rolls, the Fisteenth Day of June 1724; and the Affirmance thereof by the Lord Chancellor, the Thirteenth Day of July 1725, in a Cause wherein the Petitioner was Complainant, and William Hoskyns Esquire, Humphrey Burgoine, John Bland, and Joseph Budd, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Tenth Day of February next.

Standing Orders relating to Private Bills considered.

The Order of the Day being read, for taking into Consideration the Standing Orders of this House, relating to Private Bills:

After Debate;

The following Order was made:

"Ordered, That no Petition for Leave to bring in a Private Bill shall, during this Session of Parliament, be presented to this House after the First Day of March next; and that no Private Bill shall be presented to this House after the Tenth Day of the said Month; and that no Motion for dispensing with this Order shall be granted the same Day it is made; but a future Day shall be appointed, to consider of such Motion; and the Lords to be summoned."

Roll of Standing Orders to be read.

Ordered, That on Thursday next the Roll of Standing Orders of this House shall be read; and the Lords to be summoned; and that the Clerk do then lay before their Lordships such other Orders as have been made with respect to Private Bills, or in relation to Appeals or Writs of Error.

Caddels & al. versus Swinton.

Upon reading the Petition and Appeal of Jean and Euphan Caddels, Sisters to William Caddel Writer to the Signet, deceased, and James Allerdice Merchant in Edinburgh Husband to the said Jean, and James Langlands of Montfis Husband to the said Euphan, and Colonel Francis Charteris of Ampsfield; complaining of several Decrees of the Lords of Session in Scotland, made the Fourteenth and Fifteenth of July and Sixteenth of November last, in a Cause wherein Mr. John Swinton was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed:"

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

Adjourn.

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

DIE Lunæ, 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 public Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

Die Lunæ, 12^o Junli, 1727, hitherto examined by us,

Jo. Carliol.

Jo. Norwich.

De Lawarr.