House of Lords Journal Volume 24: January 1733

January 1733

DIE Martis, 16^o Januarii, 1732.

DIE Martis, 16^o Januarii, 1732, Annoque Regni Serenissimi Domini Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Sexto, in quem Diem hæc Sexta Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, & præsentes fuerunt:

REX.

Fredericus Princeps Walliæ.

The Lord Raymond sat Speaker, by virtue of a former Commission.

King presents:

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

Who being come, with their Speaker;

His Majesty spake as follows:

Mis Majesty's Speech.

"My Lords, and Gentlemen,

"It is a great Satisfaction to Me, that the present Situation of Affairs, both at Home and Abroad, makes it unnecessary for Me to lay before you any other Reasons for My calling you together at this Time, but the ordinary Dispatch of the public Business, and that I may have an Opportunity of receiving your Advice upon such Affairs as may occur to you, and shall require the Care and Consideration of Parliament.

"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; and I make no Doubt but that you will, with the same Chearfulness as I have always experienced in you, effectually raise such Supplies as you shall judge necessary for the Honour, Safety, and Defence, of the Kingdom; and I cannot but recommend it to you, as a Consideration worthy the Commons of Great Britain, that, in all your Deliberations, as well upon raising the Annual Supplies, as the Distribution of the Public Revenues, you pursue such Measures as will most conduce to the present and future Ease of those you represent.

"My Lords, and Gentlemen,

"You must be sensible that it is very desirable to give all possible Dispatch to the public Business; and that nothing can give more Weight and Credit to all your Resolutions, than to avoid unreasonable Heats and Animosities; and not to suffer yourselves to be diverted, by any specious Pretences, from stedfastly pursuing the true Interest of your Country. Let that be your First and principal Care; and the People will be sensible of the Benefits they shall receive from your Wisdom and Resolution, in preferring their Ease, and the public Good, to all other Considerations."

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

PRAYERS.

D. Bedford takes his Seat

John Duke of Bedford sat first in Parliament, after the Death of his Brother Wriothesley Duke of Bedford; his Grace having first taken the Oaths, and made and subscribed the Declaration, and also taken 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 the Poor's being defrauded."

King's Speech reported:

The Speaker reported His Majesty's Speech.

And the same being afterwards read, by the Clerk:

Order for the Address.

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 acknowledge His great Goodness, in expressing so much Satisfaction in receiving the Advice of this House, upon such Matters as shall require the Consideration of Parliament: And to assure His Majesty, that we will give all possible Dispatch to the public Business; and will proceed, with Temper and Zeal, for the Ease of the People, and the public Good."

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

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings.

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

After some Time, the House was resumed.

And the Lord Marquis of Lothian reported from the said Committee, an Address drawn by them, as follows:

Address.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do, in all Humility, return the Thanks of this House, for Your Majesty's most Gracious Speech from the Throne.

"It is owing to the happy Success of Your Majesty's Counsels and Negotiations, that Your Majesty now assembles Your Parliament for no other Reasons but the ordinary Dispatch of the public Business. And Your Majesty being graciously pleased to express such great Satisfaction in giving us an Opportunity of humbly offering our Advice to the Throne, upon such Affairs as shall require the Care and Consideration of Parliament; we think it incumbent on us, in Return, to consider that Part of our Duty to be the highest Honour and Privilege of this House; which, as we have always enjoyed, so we beg Leave to assure Your Majesty, we will never abuse.

"We will use our utmost Endeavours to proceed in such Manner, in the speedy Execution of the great Trust reposed in us, that the People may be fully sensible that no unreasonable Heats or Animosities shall delay or interrupt our Deliberations; and that the true Interest of our Country, the present and future Ease of our Fellow Subjects, and the public Good of Great Britain, shall outweigh all other Considerations, though covered by any specious Pretences whatsoever. Upon these Foundations, we may be confident that our Resolutions will be agreeable to Your Majesty, by being beneficial to the whole Nation."

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

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

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will please to appoint to be attended therewith.

Committee Privileges.

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

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 former 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 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.

Bp. of Ely against Dr. Bentley, in Error:

The House being moved, "That the Order, made the 17th of May last, for adjourning the further proceeding in the Cause upon a Writ of Error, wherein Thomas Lord Bishop of Ely is Plaintiff, and Doctor Richard Bentley Defendant, to Tuesday in the Second Week of the then next Session of Parliament, might be read."

And the same being read accordingly:

Hearing appointed.

Ordered, That this House will proceed in the further Hearing of the said Cause To-morrow Sevennight.

Cause-days appointed.

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

Cotter against E. Barrymore:

The House was informed, "That one Patrick M^cCormick attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Lawrence Cotter Esquire is Appellant, and James Earl of Barrymore Respondent."

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Raymond sat Speaker, by virtue of a former Commission.

His Majesty to be attended with Address.

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

Bp. of Chester to preach 30th Instant.

Ordered, That the Lord Bishop of Chester be, and he is hereby, desired to preach before this House, at the Abbey Church, Westminster, on Tuesday the 30th Day of this Instant January.

Adjourn.

Dominus Raymond declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Martis, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Macclesfield takes his Seat.

George Earl of Macclesfield sat first in Parliament, after the Death of his Father Thomas Earl of Macclesfield; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

King's Answer to the Address.

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

"My Lords,

"I thank you for this dutiful and loyal Address. As the Ease of My People, and the public Good, have always been My chief Care and Concern; the Zeal that you shew for the promoting of them cannot but be very acceptable to Me, and will most effectually recommend you to My Favour and Protection."

Address and Answer to be printed.

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

Inventories of the Estates of Sir R. Sutton & al. concerned in the Charitable Corporation, delivered.

The Lord Chancellor acquainted the House, "That, in Pursuance of an Act passed the last Session of Parliament, Mr. Baron Comyns and Mr. Baron Thomson had left with him printed Duplicates of the Inventories of the Estates of Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond Esquire, William Burroughs Esquire, Thomas Warren, and Richard Woolley."

And his Lordship delivering the said Duplicates to the Clerk, the Titles thereof were read.

Ordered, That the said Duplicates do lie upon the Table, for the Perusal of the Lords.

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,

"Accounts of prohibited East India Goods, and Naval Stores imported from Russia."

And then they withdrew.

And the Titles of the said Accounts 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 1731, to Michaelmas 1732.

"N^o 1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellens, at Michaelmas 1731; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1732."

"No 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1731; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1732."

"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1731; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1732."

"No 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Outports at Michaelmas 1731; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1732."

"No 5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1731, to Michaelmas 1732."

"No 6. An Account of Naval Stores imported from Russia into the Ports commonly called the Out-ports, from Michaelmas 1731, to Michaelmas 1732."

Ordered, That the said Accounts do lie upon the Table, for the Perusal of the Lords.

Stafford to amend his Appeal.

A Petition of Arthur Stafford Esquire and Susanna his Wife, was presented, and read; praying, "In regard Major General James Crofts, the chief Respondent to the Petitioners Appeal, is dead, and Nassau Pawlett Esquire appointed his Executor; that they may have Liberty to amend their said Appeal, by making the said Nassau Pawlett a Party:"

It is Ordered, That the Petitioners may amend their said Appeal, as desired; and that the said Nassau Pawlett do put in his Answer thereunto, in Writing, on or before Tuesday the 27th Day of February next.

Sir C. Mordaunt & al. Leave for a Bill, to enclose Lands in Wellsbourne, Hastings, &c.

Upon reading the Petition of Sir Charles Mordaunt Baronet, Sir Thomas Samwell Baronet, the Provost and Fellows of Queen's College in Oxon, and others; praying Leave to bring in a Bill, for making effectual an Agreement between the Proprietors of Lands, in the Parishes of Welsbourne Hastings and Newbold Pacy, in the County of Warwick, in order to divide and enclose the same:

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

Sommers against Goswill.

Upon reading the Petition and Appeal of Nicholas Sommers, of the City of Exon, Merchant; complaining of Part of a Decree of the Court of Chancery, of the 18th of November last, made in certain Causes, wherein the Appellant was Plaintiff, and Dorothy Goswill Widow Defendant, et è contra: and praying, "That the same may be reversed, and the Appellant relieved, as to the House shall seem meet:"

It is Ordered, That the said Dorothy Goswill may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 6th Day of February next.

Evelyn against Evelyn & al.

Upon reading the Petition and Appeal of Anne, Elizabeth, and Mary Evelyn, Infants, by John Garth Esquire, their next Friend; complaining of Part of a Decree of the Court of Chancery, of the 4th of February last, made in a Cause wherein the Appellants, by their next Friend, were Plaintiffs, and Edward Evelyn, and James Evelyn an Infant, by his Guardian Thomas Garth Esquire, and James Worseley Esquire, were Defendants; and in a Cross Cause, wherein the said Defendants were Plaintiffs, and the Appellants and Charles Boone Esquire and Mary his Wife, and others, were Defendants; and praying, "That such Part of the said Decree as is complained of may be reversed, and the Appellants relieved, as to this House shall seem meet:"

It is Ordered, That the said Edward Evelyn and James Evelyn his Son, Charles Boone and his Wife, and James Worseley, 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 6th Day of February next.

Sir J. Cunynghance against Capt. Chalmers.

Upon reading the Petition and Appeal of Sir James Cunynghame, of Milncraig, Baronet; complaining of an Interlocutory Sentence of the Lords of Session in Scotland, of the 26th of January last; and of so much of an Interlocutory Sentence of the said Lords, of the 29th of June following, as affirms Part of the said Interlocutory of the said 26th of January; and of Two other Interlocutors, of the 25th of November and 22d of Decem ber last, made on the Behalf of Captain John Chalmers; and praying, "That the same may be reversed:"

It is Ordered, That the said Captain Chalmers 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 20th Day of February next; and that Service of this Order upon the Respondent's Agent, or Procurator, before the Court of Session in Scotland, be deemed good Service.

Denham against Baillie.

Upon reading the Petition and Appeal of Archibald Denham, of Westsheild, Advocate; complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 23d and 30th of November 1731; and of Two Interlocutors of the Lords of Session, of the 22d of November and 15th of December last, adhering thereunto, made on the Behalf of Mr. James Baillie; and praying, "That the same may be reversed:"

It is Ordered, That the said James Baillie 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 20th Day of February next; and that Service of this Order upon the Respondent's Agent, or Procurator, in the Court of Session in Scotland, be deemed good Service.

Magistrates of Edinburgh against Haddaway and Arnot.

Upon reading the Petition and Appeal of the Magistrates and Town Council of Edinburgh; complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of December last, made on the Behalf of Thomas Haddaway and George Arnot; and praying, "That the same may be reversed, and the Appellants relieved:"

It is Ordered, That the said Thomas Haddaway and George Arnot 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 20th Day of February next; and that Service of this Order upon the Respondents Agents, or Procurators, in the Court of Session in Scotland, be deemed good Service.

Holmes and his Wife against Lysaght.

Upon reading the Petition and Appeal of Henry Holmes Esquire and Anne his Wife; complaining of Part of a Decree of the Court of Exchequer in Ireland, of the 25th of February 1731, made in a Cause wherein the Appellants were Plaintiffs, and John Lysaght and others were Defendants; and praying, "That so much of the said Decree as is therein complained of may be reversed:"

It is Ordered, That the said John Lysaght 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 27th Day of February next; and that Service of this Order upon the Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Savery's Pet. referred to Judges.

Upon reading the Petition of Waltham Savery, of Slade, in the-County of Devon, Esquire; praying Leave to bring in a Bill, to enable the Petitioner to sell so much of the Lands settled by his Marriage Settlement, as shall be sufficient to discharge Incumbrances; and for settling the Capital Messuage and Demesne Lands of Trehill on the Issue Male of his Body by Mary his late Wife:

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

Paterson against Grahame.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Paterson Esquire is Appellant, and Richard Grahame Respondent:"

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

Rowe & al. against Steuart.

The like Motion and Order, for hearing the Cause wherein Henry Rowe and Elizabeth his Wife and James Steuart Esquire are Appellants, and Brigadier William Steuart and Mary his Wife are Respondents, on the next vacant Day for Causes.

Cortissos against Mendes.

The like Motion and Order, for hearing the Cause wherein Joseph Cortissos of London Gentleman is Appellant, and James, Anthony, and Lewis Mendes are Respondents, on the next vacant Day for Causes.

Adjourn.

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

DIE Mercurii, 24^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Acherley against Acherley.

The Answer of Anne Acherley Widow, to the Appeal of Thomas Acherley:

Easton against Stirling.

Also, the Answer of William Stirling of Harbertshire Esquire, to the Appeal of Robert Easton and others;

Were brought in.

Brown's Pet. against Murphy to be considered.

A Petition of William Browne Senior and William Browne Junior, Respondents to the Appeal of Samuel Murphy, an Infant, by Mary his Mother and next Friend, was presented, and read; praying, "That the said Appeal may be dismissed, with exemplary Costs; and that the Decree complained of thereby may be affirmed; a Verdict having been found, at the last Summer Assizes at Cork in Ireland, that the Appellant is not the Son and Heir of Samuel Murphy deceased:"

It is Ordered, That the said Petition be taken into Consideration on this Day Fortnight; and that Notice thereof be given to the Agent, or Solicitor, for the said Appellant.

Acherley against Acherley.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Acherley is Appellant, and Anne Acherley Widow Respondent:"

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

Easton & al. against Stirling.

The like Motion and Order, for hearing the Cause wherein Robert Easton and others are Appellants, and William Stirling Esquire is Respondent.

Marchioness Annandale against Marquis Annandale & al.

The like Motion and Order, for hearing the Cause wherein Charlotta Marchioness of Annandale is Appellant, and George Marquis of Annandale, an Infant, by John Lord Vane of the Kingdom of Ireland, his Guardian, Charles Earl of Hoptoun, Henrietta Countess of Hoptoun, and John Lord Hope, are Respondents.

H. Rickart against E. of Hoptoun.

The like Motion and Order, for hearing the Cause wherein James Hepburne Rickart of Keith Esquire is Appellant, and Charles Earl of Hoptoun Respondent.

Cotter against E. Barrymore & al.

The like Motion and Order, for hearing the Cause wherein Lawrence Cotter Esquire is Appellant, and James Earl of Barrymore and others are Respondents.

L. Dunsany against Shaw & al.

The like Motion and Order, for hearing the Cause wherein Randal Lord Baron of Dunsany in the Kingdom of Ireland is Appellant, and Thomas Shaw and others are Respondents.

E. India Company against the Attorney General.

The like Motion and Order, for hearing the Cause wherein the United Company of Merchants of England trading to The East Indies are Appellants, and His Majesty's Attorney General Respondent.

Austin against Flack.

The House was informed, "That Thomas Austen Gentleman lodged his Appeal the last Session of Parliament, complaining of Proceedings in the Court of Exchequer in Ireland, to which Anne Flack Widow has not yet put in her Answer."

And it being thereupon moved, "That she may be required to put in her Answer to the said Appeal in a Time to be limited:"

It is Ordered, That the said Anne Flack do put in her Answer to the said Appeal on or before Wednesday the 28th Day of February next.

Fitz Gerald against Eustace: Respondent to answer.

The like Information, Motion, and Order, for Christo pher Eustace Gentleman to put in his Answer to the Appeal of Maurice Fitz Gerald Gentleman; complaining of a Decree of the Court of Chancery in Ireland.

Time limited for Petitions for Private Bills.

Ordered, That, after Saturday the Third Day of March next, this House will not receive any Petition for a Private Bill, during this Session of Parliament.

Holmes against Lysaght:

The House was informed, "That Mr. Henry Waley attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Henry Holmes Esquire and his Wife are Appellants, and John Lysaght is Respondent."

Pleadings proved.

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

And then he was directed to withdraw.

Sir T. Prendergast against Oshaghnassy, &c.

Upon reading the Petition and Appeal of Sir Thomas Prendergast Baronet: complaining of an Order of the Court of Chancery in Ireland, made the 5th of July 1729, and the subsequent Orders thereon, in a Cause wherein the Appellant was Plaintiff, and Joseph Oshaghnassy and Francis Enraght were Defendants; and praying, "That the same may be reversed, and the Appellant relieved:"

It is Ordered, That the said Joseph Oshaghnassy and Francis Enraght may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next; and that Service of this Order upon the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

John to enter into a Recognizance for Sommers;

The House being moved, "That Samuel John of Lyon's Inn Gentleman may be permitted to enter into a Recognizance for Nicholas Sommers Merchant, upon his Appeal depending in this House; he being at Exeter:"

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

and Jordan for Sir T. Prendergast.

The like Motion and Order, for Mr. Patrick Jordan to enter into a Recognizance for Sir Thomas Prendergast Baronet, upon his Appeal; he being in Ireland.

Bishop of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon the Writ of Error brought into this House the 11th Day of February last, wherein Thomas Lord Bishop of Ely is Plaintiff, and Richard Bentley Doctor in Divinity, Master of Trinity College in Cambridge, Defendant.

And the Counsel for the Plantiff being directed to proceed:

They were heard, as to the 10th, 11th, 12th, and 13th Articles exhibited before the Plaintiff against the Defendant, the same being relative to each other; and prayed, "A Consultation might be granted, with respect to those several Articles."

Then the Counsel for the Defendant were likewise heard; and concluded with desiring, "That the Prohibition might stand, as to the said Articles."

And One of the Plaintiff's Counsel being heard, by Way of Reply:

They were all directed to withdraw.

Proposed, "To direct, that the Prohibition do stand as to those Four Articles."

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Ordered and Adjudged, That a Consultation be granted, with respect to the said 10th, 11th, 12th, and 13th Articles.

Ordered, That the further proceeding in this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And the Counsel on both Sides having been fully heard, in relation to the 14th Article:

They were directed to withdraw.

Ordered and Adjudged, That the Prohibition do stand, as to that Article.

Ordered, That the further proceeding in this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Veneris, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Welsbourne Hadings, &c. to enclose Lands in, Bill.

The Earl of Northampton (pursuant to the Order of Tuesday last) presented to the House a Bill, intituled, "An Act for enclosing several large Common Fields, within the Parishes of Welsbourne Hastings and Newbold Pacy, in the County of Warwick."

And the same was read the First Time.

Roberts's Petition referred to Judges.

Upon reading the Petition of David Roberts Esquire, Eldest Son of John Roberts, late of Havody Bwch, in the County of Denbigh, Esquire, deceased, by Susan Roberts his Wife, also deceased, and of Eliza Roberts, Wife of the said David Roberts; praying Leave to bring in a Bill, for Sale of Part of a settled Estate in the said County, for Payment of Debts and Portions:

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

D. of Roxburghe against Wauchope.

Upon reading the Petition and Appeal of John Duke of Roxburghe; complaining of Part of an Interlocutory of the Lords of Session in Scotland, of the 19th of December last, made on the Behalf of John Wauchop of Edmonston; and praying, "That the same, so far as is complained of, may be reversed:"

It is Ordered, That the said John Wauchop 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 23d Day of February next; and that Service of this Order upon the Respondent's Agents in the Court of Session in Scotland be deemed good Service.

Vernon & al. for retaining then Appeal.

A Petition of John Vernon Esquire and others, was presented, and read; praying, "In regard, through the Omission of their Solicitor, occasioned by the Death of his Father, of procuring an Application to be made to this House within the Time limited, from the Beginning of a Session, for prosecuting Appeals; that the Petitioners Appeal, which is of Course dismissed, may be retained, and an Order made for the Respondents to answer in the usual Time."

And a Motion being made, "To dispense with the Standing Order, in this Case, which requires such Application:"

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

Bp. of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And the Counsel on both Sides having been fully heard, in relation to the 15th and 16th Articles, the latter depending on the former:

They were directed to withdraw.

Ordered and Adjudged, That the Prohibition do stand, as to those Two Articles.

Then the Counsel were again called in.

And the Plaintiff's Counsel acquainting the House, "That the Two next Articles related one to the other; but, for saving their Lordships Time, they were willing to waive those Articles."

Whereupon it was agreed, That the Prohibition should stand, as to the 17th and 18th Articles.

Then the Counsel on both Sides being fully heard, touching the 19th and 20th Articles, the latter depending on the former;

They were directed to withdraw.

Moved, "That the Prohibition do stand, as to those Two Articles."

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Ordered and Adjudged, That the Prohibition do stand, as to the 19th and 20th Articles.

Proposed, "To adjourn the further Consideration of this Cause to Monday next."

Which being objected to:

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Ordered, That the further proceeding in this Cause be adjourned till To-morrow.

D. of Roxburgh against Kers.

Upon reading the Petition and Appeal of John Duke of Roxburghe; complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th of July 1731, made on the Behalf of Christian Ker and Charles Ker her Husband; and praying, "That the same may be reversed:"

It is Ordered; That the said Christian Ker and Charles Ker may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Friday the 23d Day of February next; and that Service of this Order upon the Respondents Agents in the Court of Session in Scotland be deemed good Service.

Irvine against Sir A. Cumming & al.

Upon reading the Petition and Appeal of Alexander Irvine of Crimond Esquire, and Irvine of Artamford Esquire his Brother; complaining of several Interlocutories of the Lords of Session in Scotland, of the 4th of January 172⁵/6, and 26th of January 1726, and of Part of an Interlocutory of the 21st of July 1727, and of Two Interlocutories of the 7th and 22d of February 1727, made on the Behalf of Sir Alexander Cumming of Coulter, Mr. John Ogilvie, James Gordon, Doctor John Gordon, and Alexander Thomson; and praying, "That the same may be reversed:"

It is Ordered, That the said Sir Alexander Cumming, John Ogilvie, James Gordon, Doctor John Gordon, and Alexander Thomson, 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 23d Day of February next; and that Service of this Order upon the Respondents Agents, or Procurators, in the Court of Session in Scotland, be deemed good Service.

Appeal of Bullie, a Lunatic, referred to a Committee.

A Petition and Appeal of John Baillie of Walstoun, a Lunatic, by Anthony Hammond Esquire his Committee, was presented, and read; complaining of several Interlocutors of the Lords of Session in Scotland, the last pronounced the 16th of February 1710.

Ordered, That the said Appeal be referred to the Lords following; who are appointed a Committee, to consider thereof, and report to the House whether the same be regularly and properly brought, pursuant to the Standing Order limiting the Number of Years for bringing Appeals:

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

Sir J Steuart against Ly. Lockhart.

Upon reading the Petition and Appeal of Sir James Steuart of Coltnes, an Infant, by Anne Steuart, Robert Dalrymple, and Hary Barclay, his Guardians; complaining of several Interlocutors of the Lords of Session in Scotland, of the 15th of June and 11th of December 1731; and of an Interlocutory of the Lord Ordinary, of the 14th of the same December; and of the Affirmance thereof by the Lords of Session, the 27th of June; and of Two Interlocutors of the said Lords, of the 8th of July and 24th of November, and of an Interlocutor of the Lord Ordinary of the 6th of December last, made on the Behalf of Dame Martha Lockhart; and praying, "That the same may be reversed:"

It is Ordered, That the said Dame Martha Lockhart may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Friday the 23d Day of February next; and that Service of this Order upon the Respondent's Agent, or Procurator, in the Court of Session in Scotland, be deemed good Service.

Adjourn.

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

DIE Sabbati, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rvan and Doyle to answer Sankey Appeal.

A Petition of Margaret Sankey Widow, was presented, and read; setting forth, "That, in Pursuance of the Order of this House the 11th of May last, allowing the Petitioner to amend her Appeal, against Proceedings of the Court of Chancery in Ireland, on Payment of Twenty Pounds, the same is amended accordingly, and Patrick Ryan and Garret Doyle made Parties thereto;" and praying, "That they may be required to put in their Answer."

It is Ordered, That the said Patrick Ryan and Garret Doyle may have a Copy of the said Appeal; and do put in then Answer or respective Answers thereunto, in Writing, on or before Saturday the Third Day of March next.

Bp. of Fly against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Lord Bishop of Ely is Plaintiff, and Doctor Beutley Defendant.

And the Counsel for the Plaintiff being directed to proceed; they acquainted the House, "That they were willing to waive the 21st, 22d, 23d, and 24th Articles."

Whereupon it was agreed, that the Prohibition should stand, as to those Four Articles.

Then the Counsel on both Sides were fully heard, in relation to the 25th and 26th Articles.

And being withdrawn;

It was proposed, "That the Prohibition should stand, as to those Two Articles."

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Then the Counsel were again called in.

And the Plaintiff's Counsel were fully heard, in relation to the 27th, 28th, 29th, and 30th Articles, they all falling under the same Consideration; and concluded with praying, "That a Consultation might be granted, with respect to those Articles."

After which, the Defendant's Counsel having been fully heard; and One of the Plaintiff's Counsel, by Way of Reply:

They were all directed to withdraw.

Proposed, "That the Prohibition do stand, as to the said Four Articles."

After Debate;

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Ordered and Adjudged, That a Consultation be granted, with respect to those Articles.

Ordered, That the further Consideration of this Cause be adjourned to Monday next.

Welsbourne Hastings, &c. to enclose Lands in, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing several large Common Fields, within the Parishes of Welshourne Hastings and Newbold Pacy, in the County of Warwick."

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 Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Paterson against Crahame;

The House was informed, "That the Cause wherein Thomas Paterson Esquire is Appellant, and Richard Grahame Respondent, stands next for an Hearing after that at present under Consideration; and that the Respondent's Papers are not yet brought from Scotland."

And it being thereupon moved, "That the hearing the said Cause may be put off to such Time as to the House shall seem meet:"

The Agents on both Sides were called in.

And the Agent for the Appellant declaring his Consent to what was desired on the Part of the Respondent:

They were directed to withdraw.

Hearing adjourned.

Ordered, That the hearing the said Cause be adjourned to the First vacant Day for Causes after those already appointed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum nonum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Lunæ, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vernon's Appeal retained.

The House (according to Order) proceeded to take into Consideration the Motion made on Friday last, for dispensing with One of the Standing Orders, requiring the Prosecution of Appeals within Eight Days after the Beginning of a Session.

And the said Standing Order being read:

It is Ordered, That the said Standing Order be so far dispensed with, as that the Appeal of John Vernon Esquire and others, presented to this House the last Session of Parliament, be retained; and that the Lord Mayor, Sheriffs, Commons, and Citizens, of the City of Dublin, and Humphry French Alderman, do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 5th Day of March next; and that Service of this Order upon their Clerk in Court be deemed good Service.

E. of Thomond against Hamiltons.

Upon reading the Petition and Appeal of Henry Earl of Thomond in the Kingdom of Ireland, and Viscount Tadcaster; complaining of a Decree of the Court of Chancery in the said Kingdom, of the 3d of March 1731, made in a Cause wherein the Appellant was Plaintiff, and James Hamilton and John Hamilton Esquires were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said John and James Hamilton may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 5th Day of March next; and that Service of this Order upon the Attornies or Agents of the said Respondents, in the said Court of Chancery in Ireland, be deemed good Service.

Legh against E. Warrington.

Upon reading the Petition and Appeal of George Legh Esquire; complaining of Part of a Decree of the Court of Chancery, of the 17th of May last, made in certain Causes, wherein George Earl of Warrington was Plaintiff, and the Appellant and others were Defendants, & è contra; and praying, "That the same may be reversed:"

It is Ordered, That the said George Earl of Warrington may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Monday the 12th Day of February next.

Appeals left with the Clerk To morrow, to be received.

Ordered, in regard To-morrow is the last Day for bringing in Appeals, pursuant to the Standing Order for limiting the Times in which Appeals may be brought, That such Appeals as shall be left with the Clerk Tomorrow shall be received, and read on Wednesday next.

Bp. of Ely against Dr Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And the Counsel for the Plaintiff acquainting the House, "That they were willing to waive the 31st, 32d, 33d, and 34th Articles:"

It was agreed by the House, That the Prohibition should stand, as to those Articles.

Then One of the Plaintiff's Counsel, being directed to proceed, acquainted the House, "That he conceived the Three next Articles, (videlicet,) 35th, 36th, and 37th, were relative to each other."

And proceeding to argue thereupon; the Defendant's Counsel objected thereunto, insisting that the 36th Article was a distinct Charge.

Whereupon the Counsel were directed to withdraw.

Proposed, "To agree that the Plaintiff's Counsel be directed to proceed on the 35th Article singly, unless they should think fit to waive it."

And the same being accordingly agreed to:

The Counsel were again called in; and the Lord Chancellor acquainted the Counsel for the Plaintiff with what the House had agreed.

And the Counsel on both Sides having been fully heard, in relation to the said 35th Article:

They were directed to withdraw.

Proposed, "That the Prohibition do stand, as to that Article."

Ordered and Adjudged accordingly.

Then the Counsel were called in again.

And those on both Sides having been fully heard, in relation to the 36th and 37th Articles, the latter depending on the former;

They were directed to withdraw.

Proposed, "That the Prohibition do stand, as to those Two Articles."

Which being objected to, and Debate thereupon;

The Question was put, "Whether the Prohibition shall stand, as to the said 36th and 37th Articles?"

It was Resolved in the Affirmative.

Ordered, That the further Consideration of this Cause be adjourned to Wednesday next.

Commissioners for the Creditors of the Charitable Corporation, Report.

The House being informed, "That some of the Commissioners appointed for taking, stating, and determining, the Claims and Demands of the Creditors of the Charitable Corporation, attended:"

They were called in; and delivered, at the Bar, "A Report of the Proceedings of the said Commissioners, pursuant to an Act of the last Session of Parliament."

And then they withdrew.

And the Title of the said Report being read, by the Clerk;

Ordered, That the said Report do lie on the Table, for the Perusal of the Lords.

Adjourn.

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

DIE Martis, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tricesimum primum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Visc. Torrington takes his Seat.

Pattee Lord Viscount Torrington sat first in Parliament, after the Death of his Father George Lord Viscount Torrington; having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

D. Argyll and Greenwich against Hamilton & al.

Upon reading the Petition and Appeal of John Duke of Argyle and Greenwich; complaining of several Interlocutors of the Court of Session in Scotland, of the 24th of July and 24th of December 1723, and 9th of December 1732, made on the Behalf of Elizabeth, Anna, and Isabella Hamilton, and Sir William Gordon; and praying, "That the same may be reversed; and that an Interlocutor of the 14th of July 1720 may be affirmed:"

It is Ordered, That the said Elizabeth, Anna, and Isabella Hamilton, and Sir William Gordon, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next; and that Service of this Order upon their Procurators, or Agents, in the Court below, be deemed good Service.

Anderson & al. against Anderson & al.

Upon reading the Petition and Appeal of Mr. Thomas Anderson, an Idiot found and retoured, and William Chatto his Curator, and Thomas Anderson the Younger; complaining of several Interlocutories, Sentences, or Decrees, of the Court of Session in Scotland, of the 13th of February, 14th of July, and 13th of November, 1722, the 31st of July 1725, and 24th of January 1728, the 31st of July and 18th of November 1729, the 1st of December 1731, the 22d of January and 30th of June 1732, with the Diligences following upon these Decrees, made on the Behalf of Isabell Anderson and others; and praying, "That the same may be reversed, with all that has followed thereupon:"

It is Ordered, That Isabell Anderson, John Bull her Husband, and Robert Geddes their Assignee, William Coults, and the said Robert Geddes, as having Right from the said William Coults, and also Margaret Anderson and James Purdie her Husband, and Janet Anderson and Robert Nicoll her Husband, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 28th Day of February next: and that Service of this Order upon the Agents or Procurators of the said Respondents in the Court below be deemed good Service.

White against Skene.

Upon reading the Petition and Appeal of Mrs. Frances White; complaining of Part of an Interlocutor of the Court of Session in Scotland, of the 20th of December last, made on the Behalf of George Skene; and praying, "That the same, so far as is complained of, may be reversed; and that another Interlocutor, of the 6th of July 1732, may be affirmed:"

It is Ordered, That the said George Skene may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 28th Day of February next; and that Service of this Order upon his Agent or Procurator in the Court below be deemed good Service.

Heron against D. Queensberry and Dover.

Upon reading the Petition and Appeal of Patrick Heron of Heron Esquire; complaining of an Interlocutory of the Lords of Session in Scotland, of the 10th Day of this Instant January, made on the Behalf of Charles Duke of Queensberry and Dover; and praying, That the same may be reversed; and that the Appellant may have such other Relief as to this House shall seem meet:"

It is Ordered, That the said Duke may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Wednesday the 28th Day of February next.

D. Bridgewater against Sir F. Edwards.

Upon reading the Petition and Appeal of Scroop Duke of Bridgewater; complaining of a Decree of Dismission of the Court of Exchequer, of the 5th of July last, made in a Cause wherein the Appellant was Plaintiff, and Sir Francis Edwards Baronet Defendant; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House shall seem meet:"

It is Ordered, That the said Sir Francis Edwards may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 14th Day of February next.

Plunket against Weldon.

Upon reading the Petition and Appeal of Justin Plunkett Esquire, commonly called Earl of Fingall in the Kingdom of Ireland; complaining of a Report of the Deputy Remembrancer of the Court of Exchequer in the said Kingdom, in Pursuance of an Order of the said Court of the 15th of June 1731; an Order, Decree, and subsequent Proceedings, made in a Cause wherein William Weldon Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed; and such further Order made for the Appellant's Relief, as to this House shall seem meet:"

It is Ordered, That the said William Weldon may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 7th Day of March next; and that Service of this Order upon the said Respondent's Attorney in the said Court of Exchequer in Ireland be deemed good Service.

Bagenal against Ly Gowran & al.

Upon reading the Petition and Appeal of Walter Bagenal Esquire, formerly of Bushey, in the County of Hertford, within this Kingdom, but now residing at Dunlockney, within the Barony of Idrone, in the County of Catherlough, in the Kingdom of Ireland, Eldest Son and Heir of Dudley Bagenal Esquire, long since deceased, by Anne Mathews, after her Inter-marriage with the said Dudley, and lately deceased; complaining of several Decrees and Proceedings of the Court of Chancery in Ireland, particularly of a Decree in the Year 1728, made on the Behalf of Anne Lady Gowran, Samuel Burton, and Stephen Fitz-Patrick; and praying, "That the same may be reversed, and those Persons summoned to answer the said Appeal:"

It is Ordered, That the said Lady Gowran, Samuel Burton, and Stephen Fitz-Patrick, may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the Seventh Day of March next; and that Service of this Order upon the Clerks in Court of the said Respondents be deemed good Service.

Thanks to the Bp. of Chester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Chester, for the Sermon by him preached before this House, Yesterday, at the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Bp of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And the Counsel for the Plaintiff proceeding;

The Counsel were directed to withdraw.

Proposed, "To consider the Method of proceeding in this Cause; and whether it would not be more reasonable for the Counsel for the Defendant to begin, in order to have the Benefit of the Reply."

Whereupon, the Proceedings upon hearing this Cause, the last Session of Parliament, were read out of the Journal; whereby it appearing, that the Manner of proceeding had been then under the Consideration of the House, and a Method settled:

It was agreed, That the Counsel should be called in again, and directed to proceed in the usual Manner.

Accordingly they were called in.

And the Counsel for the Plaintiff were fully heard; and prayed, "That a Consultation might be granted, as to the 38th, 39th, 40th, and 41st Articles; the said Articles falling under the same Consideration."

And the Defendant's Counsel being heard, in Answer to what had been urged by the Counsel on the other Side;

And One of the Plaintiff's Counsel being heard, by Way of Reply:

They were all directed to withdraw.

Proposed, "That the Prohibition do stand, as to the said Four Articles."

After Debate;

The Question was put thereupon:

And it was Resolved in the Negative.

Ordered and Adjudged, That a Consultation be granted, with respect to those Four Articles.

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

Commissioners Report, concerning the Charitable Corporation, to be printed.

Ordered, That the Report of the Commissioners appointed by an Act of the last Session of Parliament, for taking, stating, and determining, the Claims and Demands of the Creditors of the Charitable Corporation, laid before this House on Monday last, be printed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, primum diem Februarii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.

Hitherto examined by us,

Warwick.
Winchilsea. & Nottingham.
Abingdon.
N. St. Davids.