House of Lords Journal Volume 24: January 1732

January 1732

JOURNALS of the HOUSE of LORDS.

Anno 5^o Georgii Secundi.

DIE Jovis, 13^o Januarii 1731

DIE Jovis, 13^o Januarii 1731, Annoque Regni Serenissimi Domini Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hib'niæ Regis, Fidei Defensoris, &c. Quinto, in quem Diem hæc Quinta Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere, Domini tam Spirituales quam Temporales quorum Nomina subscribuntur, et præsentes fuerunt:

REX.

Fredericus Princeps Walliæ.

King present:

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

Who being come, with their Speaker;

His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"It is a great Pleasure to Me, that I am able to acquaint you, that the Expectations which I have from Time to Time given you, of seeing the general Tranquillity of Europe restored and established, are now fully answered.

"The Share of Credit and Influence which the Crown of Great Britain has had in bringing about this difficult and desirable Work, and which redounds so much to the Honour and Interest of this Nation, as it is universally confessed Abroad, will, I am confident, be agreeable to My People, and acknowledged with Gratitude by you.

"It is well known that, from the Time of concluding the Quadruple Alliance, the several Courts of Europe have been employed in finding Means to execute what the principal Powers had agreed to, for the Succession of Tuscany and Parma, in Favour of an Infant of Spain: But the various jarring and contending Interests, hard to be reconciled and united in effectuating a Point of so much Importance; the extended Views and Hopes of obtaining on every Side further Advantages; and the natural Jealousies and Distrusts arising among the several Powers concerned, from such opposite Principles and Purposes, had kept in Suspence, and unexecuted, what the Court of Spain had very much at Heart; and occasioned such Troubles and Disturbances, as embarassed the Affairs of Europe for many Years, and particularly affected the Interests of this Nation.

"You have, from Time to Time, been informed of the different Measures and Negotiations that have on all Sides been carrying on, during this long unsettled State of Affairs; and you have enabled Me to persevere in maintaining the Rights and Possessions of this Kingdom, and in preserving the Peace and Balance of Europe.

"The Preliminary Articles, and the subsequent Transactions thereupon, not answering the Expectations of the Court of Spain, and creating a Coolness and Dissatisfaction among the contracting Parties of the First Treaty of Vienna, laid the Foundation of the Treaty of Seville; and thereby dissolved that Union which had raised so many Apprehensions, and so long alarmed the World.

"The Execution of the Treaty of Seville was the great Difficulty that still remained; and this, unsurmountable as it was thought, I have, by your Support, and by the Confidence you reposed in Me, been able to overcome, by just and honourable Treaties, without coming to Extremities, and without the Hazard and Expence of a general Rupture, or kindling a War in any Part of Europe.

"Parma and Placentia are now in the actual Possession of the Infant Don Carlos; the Six Thousand Spaniards are quietly admitted and quartered in the Dutchy of Tuscany, to secure, by the express Consent and Agreement of the Great Duke, the Reversion of his Dominions; and a Family Convention is made, between the Courts of Spain and Tuscany, for preserving Peace and Friendship between those Two Houses, during the Life of the Great Duke.

"For perfecting and finishing this tedious Work, conducted through a Series of infinite Changes and Vicissitudes, and encumbered with all the different Views of Interest and Ambition, I concluded the late Treaty of Vienna; wherein I have entered into no Engagements contrary to former Treaties, or tending either to aggrandize or reduce the Power or Weight of any Potentate; calculated purely for preserving a due Balance, and to avoid such Confusion as new Changes and Convulsions upon future Events would unavoidably create, and wherein Great Britain could never stand by, and be an idle Spectator.

"When this shall be duly considered, and it shall be seen that the Wounds which have been long bleeding are entirely healed; groundless Jealousies will cease, ill Humours will subside, and Peace and good Harmony return together; all Diffidence and Distrust, the natural Effect of repeated Delays, artfully instilled, and industriously improved and aggravated, will be removed; and mutual Satisfaction be the Consequence of the punctual and effectual Performance of all Engagements on our Side; which will ever be remembered with great Regard and Honour to this Crown and Nation, and leave an indispensable Obligation upon those that are immediately concerned, to make such Returns as Honour and Justice call for and demand.

"Gentlemen of the House of Commons,

"The Estimates for the Service of the current Year shall be prepared and laid before you, which you will observe to be considerably less than those of former Years: It is a Pleasure to Me to give Ease to My Subjects, whenever the Welfare of the Public will admit of it. You have seen the happy Effects of your former Zeal and Resolution: Success has attended My Measures; and you reap the Fruit of My Endeavours, and your Confidence in Me; and it must be a Satisfaction to you to reflect, that all the Expences you have lately made are amply recompensed, by preventing and avoiding far greater.

"My Lords, and Gentlemen,

"This happy Situation of Affairs, I promise Myself, will inspire you all with such Temper and Unanimity, and such a seasonable Zeal for the public Good, as becomes a Parliament sensible of the great Blessings they enjoy: The Duty and Affections of My Subjects are all the Return I desire for My Paternal Love and Concern for them. My Government has no Security, but what is equally conducive to your Happiness, and to the Protection of My People; and your Prosperity has no Foundation, but in the Defence and Support of My Government: Our Safety is mutual; our Interests are inseparable."

His Majesty's Speech being ended; His Majesty was pleased to retire; and the Commons withdrew.

PRAYERS.

E. of Suffolk and L. Boyle take their Seats.

This Day Charles Earl of Suffolk sat first in Parliament, after the Death of his Brother Edward Earl of Suffolk:

Also, John Lord Boyle sat first in Parliament, after the Death of his Father Charles Lord Boyle:

Their Lordships having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

E. of Effingham introduced:

Francis Lord Howard Baron of Effingham, being, by Letters Patent, dat. 8^o Die Decembris, Anno Regni Georgii Secundi Regis Quinto, created Earl of Effingham, in the County of Surrey, was, in his Robes, introduced, between the Earl of Warwick and Earl Fitzwalter, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Great Chamberlain, preceding.

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

His Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius Secundus, Dei Gratia, Magn. Britann., Franc. & Hib'mæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Fran'co Comiti de Effingham, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magn. Britann. & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Vicesimo Octavo Die Novembris, Anno Regni Nostri Primo, teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum abinde, per separales Prorogationes & Adjournationes, usque ad & in Decimum Tertium Diem Januarii jam prox. sequent. prorogatum & adjournatum fuerat, apud Civitatem Nostram præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, dictis Die & Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Decimo Septimo Die Decembris, Anno Regni Nostri Quinto.

"Bisse & Bray."

The Writ being ended; his Lordship, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was then placed on the lower End of the Earls Bench.

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 Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Order for an 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 congratulate His Majesty, on His having made the Crown of Great Britain so great an Instrument in restoring the public Tranquillity, and having with so much Prudence removed the various Difficulties that had hitherto obstructed it: To express our great Satisfaction, in seeing the Treaty of Seville executed in an amicable Manner, and future Dangers and Convulsions prevented, by the late Treaty of Vienna: To assure His Majesty, that this House will proceed with Temper and Zeal for the public Good: And to acknowledge His Majesty's great Goodness, in the gracious Declarations He has been pleased to make."

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

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

The House was adjourned during Pleasure; and the Committee withdrew, for the Purpose they were appointed.

After some Time, the House was resumed.

Address reported.

And the Earl of Marchmont reported from the said Committee, "That they had prepared an Address, pursuant to the foregoing Order."

Which, being read by the Clerk, was agreed to by the House; and is as follows, (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, come, with Hearts full of Duty and Gratitude, to return the humble Thanks of this House, for Your Majesty's most Gracious Speech from the Throne.

"We should appear insensible of our own Happiness, and disregardful of the Honour of this Nation, if we did not beg Leave to congratulate Your Majesty, on Your having made the Crown of Great Britain so great and signal an Instrument of restoring and securing the general Tranquillity of Europe; and that in a Manner the most advantageous and most honourable to this Kingdom. Such is the Success, we may justly expect, will ever attend the Measures of Your Majesty, pursuing steadily the true Interest of Your People, and assisted with the Advice and Support of a British Parliament.

"Your Majesty has been graciously pleased to recapitulate the several Treaties and Negotiations framed and carried on during many Years past, for the adjusting the different Interests and interfering Views of the great Powers of Europe; which, though calculated with the greatest Wisdom and Justice for so desirable an End, have, through a long Scene of violent Contentions, met with those unavoidable Delays which Your Majesty, in Tenderness to Your Subjects, and out of an Anxiety for their Happiness, has so often been pleased to regret from the Throne: We have now the great Satisfaction to observe, that those very Difficulties and Distractions, those jarring and contending Interests, opposite to the public Good, and to each other, have, by Your Majesty's wisely improving each critical Conjuncture, by reconciling mutual Pretensions and Claims, or by defeating and disuniting dangerous Leagues and Conjunctions, and, above all, by an uninterrupted Perseverance in maintaining the Rights and Possessions of this Kingdom, been each made subservient, and contributing, in various Ways, to the great Work of Peace, which Your Majesty has so long laboured to procure for us, and has now happily accomplished.

"The Difficulties that attended the Execution of the Treaty of Seville, without coming to an open Rupture, and trusting to the uncertain Event of War, so much the Grounds of just Concern and Apprehensions in some, and of secret Hopes, or even Boasts, of others, have been entirely removed, with the express Consent of those Princes who alone claimed a Right to oppose it, and who have themselves become Parties in the making it effectual; and such have been the happy Consequences of Your Majesty's Measures, that the most successful War, in which, as Experience teaches us, the Prosperous do not always reap the Advantrge, could, at the Expence of the Blood and Treasure of this Nation, have produced only that quiet and just Balance of Power which Your Majesty, by Negotiations, and just and honourable Treaties, has established.

"Your Majesty has not only given immediate Peace to Your Kingdoms, and extinguished those Flames that must very soon have embroiled all Europe; but, in the finishing this glorious Design, has carried yet further Your great Views for the public Tranquillity, by framing and concluding the late Treaty of Vienna, whereby the Dangers, which too evidently appeared likely to arise, of new Differences and Confusions upon future Events, are, as far as human Prudence can operate, obviated and prevented, without entering into any Engagements contrary to former Treaties, or having a Tendency to raise or depress any Power Abroad: And it is from this happy Situation of Affairs we may reasonably hope, that, by our duly supporting and defending Your Majesty's Government at Home, Great Britain, instead of being necessarily involved in new Troubles and Convulsions, may, with Safety, Ease, and Honour, share with our Allies the happy Benefits of a general Peace.

"The whole Series of Your Majesty's Actions had already proclaimed the gracious Declaration which Your Majesty, in Your great Goodness, has been pleased to make from the Throne, "That the Safety of the Crown and of the People is mutual, and their Interests are inseparable." This lays us under the highest Obligations to assure Your Majesty, that we will proceed in discharging the Trust reposed in us with such Temper, and unanimous Zeal for the public Good, as becomes a House of Parliament truly faithful and affectionate to the Prince that reigns over them; fully sensible that our Rights and Liberties depend on the Strength and Security of Your Majesty's Government, and endeavouring to merit, in some Measure, the Blessings we enjoy."

Ordered, That this be the Address to be presented to His Majesty; and that the whole House do attend Him therewith.

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

Adjourn.

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

DIE Veneris, 14^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishops of Rochester and Chichester take the Oaths.

This Day Joseph Lord Bishop of Rochester and Francis Lord Bishop of Chichester took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

His Majesty to be attended with the Address.

The Lord Delawarr 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 was pleased to appoint this Day, at Two a Clock, at His Palace of St. James's."

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 the last Session 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.

Cause-days appointed.

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

Petitions for Bills, Time limited.

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

De Rons versus Van Neck, et è contra.

The House being moved, "That a Day may be appointed, for hearing the Causes wherein John Martin De Ron and John De Ron Merchants are Appellants, and Gerard Van Neck Merchant is Respondent; and wherein the said Van Neck is Appellant, and the said De Rons are Respondents:"

It is Ordered, That this House will hear the said Causes, by Counsel, on both Sides, at the Bar, on Wednesday next come Sevennight.

Adjourn.

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

DIE Lunæ, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to the Address.

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

"My Lords,

"I thank you for this affectionate and loyal Address. As the Interests of My People, and the securing the Peace and Balance of Power in Europe, have been My chief Care and Concern; the Satisfaction you shew in the Success of My Endeavours cannot but be extremely acceptable to Me.

"You may depend upon My Favour and Protection; and, I am persuaded, I may always rely upon your Duty and Support."

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

Rouquier versus Bolton.

The House was informed, "That, on the 15th Day of March last, an Appeal of Moses Rouquier Merchant was lodged in this House, from a Decree of the Court of Exchequer in Ireland; and Thomas and Joseph Bolton were ordered to put in their Answer in the usual Time; which they neglecting to do, a peremptory Day was appointed, the last Session, for that Purpose; notwithstanding which, no Answer is as yet put in."

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

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday the 28th Day of this Instant January.

Adjourn.

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

DIE Mercurii, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rouquiere versus Bolton.

The Answer of Thomas Bolton, One of the Respondents to the Appeal of Moses Rouquier Merchant:

Also, the Answer of Joseph Bolton, the other Respondent, to the same Appeal:

D. Argyll & Greenwich versus Campbel & al.

Likewise, the Answer of John Campbell Younger of Kintras, and of Alexander and Mary Campbell, his Brother and Sister, Creditors of Archibald Campbell of Barbreck, to the Appeal of John Duke of Argyll and Greenwich;

Were brought in.

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, for Sale of so much of his Estate, settled on his Marriage with Mary Richards his late Wife, as shall be sufficient to discharge Incumbrances; and for settling certain Lands on the Issue Male of his Body by the said Mary:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Commyns 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.

Rob and his Wife peremptorily to Answer Fergusson's Appeal.

The House was informed, "That James Rob and his Wife have not put in their Answer to the Appeal of William Fergusson, though duly served with the Order of this House for that Purpose."

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

It is Ordered, That the said James Rob and his Wife do peremptorily put in their Answer to the said Appeal in a Week.

Bp. of Chichester to preach 31st Instant.

Ordered, That the Lord Bishop of Chichester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Monday the 31st Day of this Instant January.

Sankey, Leave to amend her Appeal.

Upon reading the Petition of Margaret Sankey, Widow and Administratrix of Henry Sankey Esquire, deceased; praying Liberty to amend her Appeal, presented the last Session of Parliament, by altering the Name of Sarah, One of the Respondents, from Foster to Graham, and leaving out the Name of Francis Foster, One other of the Respondents; the Petitioner being informed, "That the said Sarah is not married to the said Francis, though the same was set forth in the said Appeal:"

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, as desired; she causing the Respondents Copy to be amended.

Adjourn.

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

DIE Veneris, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blackwood against Col. Erskine & al. et è contra.

The House being moved, "That Friday the Third Day of March next may be appointed, for hearing the Causes wherein Robert Blackwood Esquire is Appellant, and Colonel Erskine and others are Respondents, et è contra:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on the said Third Day of March next.

Neilson and Laurick against Murray & al.

The like Motion and Order, for hearing the Cause wherein John Neilson of Chappell and James Laurick of Ladylands are Appellants, and John Murray, John M'Jore, and James Frazer, are Respondents, on Monday the Thirteenth Day of March next.

Campbell against Aikenhead.

The like Motion and Order, for hearing the Cause wherein Elizabeth Campbell Widow is Appellant, and John Aikenhead Respondent, on Monday the Sixth Day of March next.

Devereux against Phelan.

The House was informed, "That Richard Phelan had not put in his Answer to the Appeal of Robert Devereux Esquire, pursuant to their Lordships Order of the 30th of March last."

And thereupon an Affidavit, made by Robert Bentley of the City of Dublin, of the due Service of the said Order, being read:

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

V. Stormont against Henderson; Pet. to revive Appeal

Upon reading the Petition of David now Viscount of Stormont; praving, "In regard his Father, who preferred an Appeal to this House, from some Interlocutors of the Lords of Session in Scotland, the last Session of Parliament, is dead; that the said Appeal may be revived; in the Name of the Petitioner, who is Son and Heir of the said late Viscount of Stormont:"

It is Ordered, That the said Appeal be revived accordingly; and that John Henderson, John Gibson, Mathew Rae, Thomas Moffatt, and Thomas Richardson, for themselves and others, Tenants in the Four Towns of Lochmaben, do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 18th Day of February next; and that Service of this Order on the said Respondents, or their respective Attornies or Procurators before the Court of Session in Scotland, be deemed good Service.

M'Culloch against M'Culloch.

Upon reading the Petition of Alexander Hamilton, Agent for Edward M'Culloch; setting forth, "That the Petitioner, the last Session of Parliament, lodged his Appeal in this House, to which Ebenezer M'Culloch and Elizabeth Vcitch were Respondents; but is not at present able to prove Service of the Order of this House, for answering the said Appeal;" and praying, "That the said Respondents may be required to put in their Answer in a reasonable Time:"

It is Ordered, That the said Respondents do put in their Answer or respective Answers to the said Appeal on or before Friday the 18th Day of February next.

Sir W. Barker against V. Ikerrin and Cook.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir William Barker Baronet is Appellant, and Somerset Hamilton Lord Viscount Ikerrin in the Kingdom of Ireland and Phannel Cook Esquire are Respondents:"

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.

Furnese against Sir C. Peers & al.

The like Motion and Order, for hearing the Cause wherein Henry Furnese Esquire is Appellant, and Sir Charles Peers and others are Respondents, on the next vacant Day for Causes after those already appointed.

Brown, called L. Kenmare against Lavallin & al.

The like Motion and Order, for hearing the Cause wherein Valentine Brown, commonly called Lord Kenmare in the Kingdom of Ireland, is Appellant, and James Lavallin and others are Respondents, on the next vacant Day for Causes after those already appointed.

Stafford and his Wife against Major General Crofts & al.

The House being informed, "That Arthur Stafford and his Wife lodged their Appeal, the last Session of Parliament, from several Proceedings of the Court of Chancery in Ireland, to which Major General James Crofts, Benjamin Burton a Minor, Grandson and Heir of Charles Campbell Esquire, deceased, by his Father and next Friend Samuel Burton Esquire, Bruen Worthington Esquire, John Moore and William Colville, Executors of the said Charles Campbell, are Respondents; but that they have not as yet put in any Answer to the said Appeal:"

Respondents to answer.

It is therefore Ordered, That the said Respondents 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 25th Day of February next.

Burrough against Sir F. Whichcote and Harding.

Upon reading the Petition and Appeal of William Burrough Clerk; complaining of certain Decrees or Orders of the Court of Exchequer, of the 4th of December 1730, and 21st of June last, made in a Cause whérein the Appellant, by Bill of Revivor, was Plaintiff, and Sir Francis Whichcote and John Harding Esquire were Defendants; and praying, "That the same may be reversed, and the Appellant otherwise relieved:"

It is Ordered, That the said Sir Francis Whichcote and John Harding 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 4th Day of February next.

Murphy against Brown.

Upon reading the Petition of Samuel Murphy, Son and Heir of Samuel Murphy, late of Cork, in the Kingdom of Ireland; setting forth, "That, the last Session of Parliament, upon the Petitioner's Application to this House, his Father's Appeal was revived; and the former Respondents, having put in their Answer, did thereby deny that the Petitioner was the Son and Heir of his said Father; which Matter was ordered to be inquired into, previous to the hearing the Merits of the Cause; and though a Day was appointed for that Purpose, yet the same came not to be heard; since which, a Cause has been commenced, in the Consistorial Court of the Diocese of Cork, in the said Kingdom, in relation to the pretended Illegitimacy of the Petitioner, but the same is not yet determined;" and praying, "That such Day may be appointed, for hearing the said Appeal, as to this House shall seem meet; the Petitioner intending, in the mean Time, to use all due and speedy Means to obtain a Sentence, touching the Validity of his Mother's Marriage, in the said Consistorial Court:"

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

Horner's Pet. referred to Judges.

Upon reading the Petition of Thomas Strangways Horner Esquire and Susanna his Wife, on Behalf of themselves and Elizabeth Strangways Horner their only Daughter an Infant about Nine Years of Age; praying Leave to bring in a Bill, to enable the Petitioners, together with the Trustees under the Will of the late Dutchess of Hamilton, and such Persons as shall be in Possession of the Estates under the said Will, and by virtue of the Settlements in the Petition mentioned, to make Leases of the Premises, with a Power to fell Timber; and for applying the Monies arising towards the Discharge of Incumbrances, and other Purposes:

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

Adjourn.

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

DIE Martis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cap. Hamilton versus the Dutch East India Company.

Upon reading the Petition and Appeal of Captain Alexander Hamilton; complaining of certain Interlocutories of the Lords of Session in Scotland, of the 24th and 27th of July, and 23d of December last, made on the Behalf of the Directors of the Dutch East India Company, and Mr. William Drummond of Grange, their Factor; and praying, "That the same may be reversed:"

It is Ordered, That the said Directors of the Dutch East India Company and William Drummond may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Tuesday the 22d Day of February next; and that Service of this Order on the said William Drummond be deemed good Service.

Norton versus Heron and Kiffin.

Upon reading the Petition and Appeal of Ralph Norton, Administrator de Bonis non of Nicholas Amhurst; complaining of a Decretal Order of the Court of Chancery, of the 3d of May 1721; and also of an Order of the 15th of December last; and other Orders, made in a Cause wherein Elizabeth Heron Widow, only Daughter of Elizabeth Kiffin, who was the only Daughter and Heir of Edmund Colvill, by Catherine his Wife, was Plaintiff, and the Appellant and others were Defendants; and praying, "That the said Orders, so far as the same are complained of, may be reversed; and that the Recognizance entered into by the Appellant and his Securities may be discharged:"

It is Ordered, That Elizabeth Heron and William Kiffin 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 8th Day of February next.

Wynne versus Wynne & al.

Upon reading the Petition and Appeal of John Wynne, late of Leezewood, in the County of Flint, and Katharine his Wife; complaining of Two Decretal Orders of the Court of Chancery, of the 27th of November 1729, and 6th of July 1730, made in a Cause wherein the Appellant John Wynne was Plaintiff, and George Wynne, Evan Lloyd, and others, were Defendants; and in a Cross Cause, wherein the said George Wynne was Plaintiff, and the Appellants and others were Defendants; and praying, "That the said Orders may be reversed; and that the Appellants may have such other Relief as to this House shall seem just:"

It is Ordered, That the said George Wynne and the other Parties 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 8th Day of February next.

Sir W. Barket versus Vis Ikerrin and Cook.

The House was informed, "That the Cause wherein Sir William Barker Baronet is Appellant, and Somerset Hamilton Lord Viscount Ikerrin and Phannel Cook Esquire are Respondents, stands appointed to be heard To-morrow Sevennight; and that, the Appellant being not yet come from Ireland, it was desired on his Part, that the Hearing might be put off to that Day Sevennight."

And thereupon the Agents on both Sides were called in.

And the Respondents Agent consenting to what was defied:

And they being withdrawn:

It is Ordered, That the hearing the said Cause be put off to Wednesday the 9th Day of February next.

Adjourn.

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

DIE Mercurii, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Devereux versus Phelan.

The Answer of Richard Phelan, to the Appeal of Robert Devereux Esquire, was brought in.

L. Visc. Falmouth takes the Oaths.

This Day Hugh Lord Viscount Falmouth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Lordship having first delivered a Certificate of his receiving the Sacrament; to the Truth whereof Witnesses were sworn and examined.

Accounts 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 Acts of Parliament, several Papers.

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

"The Return of the Commissioners of the Customs, with the Accounts of prohibited East India Goods, and Naval Stores imported from Russia, from Michaelmas 1730 to Michaelmas 1731.

"1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellens at Michaelmas 1730; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1731."

"2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenholl at Michaelmas 1730; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1731."

"3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London at Michaelmas 1730; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1731."

"4. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellens at Michaelmas 1730; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1731."

"5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1730 to Michaelmas 1731."

"6. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1730 to Michaelmas 1731."

Vernon versus Vernon & al.

Upon reading the Petition and Appeal of Jane Vernon, Widow and Executrix of Thomas Vernon Esquire, deceased; complaining of a Decree of the Court of Chancery, of the 8th Day of May last, made in a Cause wherein George Vernon, Sir Charles Vernon, and Thomas and Charles Vernon, Infant Sons of the said Sir Charles Vernon, by their said Father and next Friend, were Plaintiffs, and the Appellant and Daniel Dibble were Defendants; and praying, "That the said Decree may be reversed, and the Plaintiffs Bill dismissed:"

It is Ordered, That the said George Vernon and the other Plaintiffs 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 9th Day of February next.

Arbuthnot and Irvine versus Read and Marsland.

Upon reading the Petition and Appeal of George Arbuthnot and Charles Irvine, late of Rouen in France, Merchants and Partners; complaining of a Decretal Order, made by the Master of the Rolls, the 20th of May 1728, and the Affirmance thereof by the Lord Chancellor the 9th of November following, and of Two other Orders of the said Court, of the 27th of April 1730, and 17th of December last, in a Cause wherein Joseph Read and William Marsland were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed; and that the Appellants may have such other Relief as to this House shall seem meet:"

It is Ordered, That the said Joseph Read and William Marsland 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 9th Day of February next.

L. Dunsany versus Shaw & al.

Upon reading the Petition and Appeal of Randal Lord Baron of Dunsany in the Kingdom of Ireland; complaining of a Decretal Order of the Court of Chancery in the said Kingdom, of the 7th of December 1723, made in a Cause wherein the Appellant was Plaintiff, and Thomas Shaw and others were Defendants; and praying, "That the said Order, or Decree, may be reversed; and that the Appellant may have such Relief as to this House shali seem meet:"

It is Ordered, That Thomas Shaw, Hester Shaw, and other the 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 Wednesday the First Day of March next; and that Service of this Order on the said Defendants Clerk in the said Court of Chancery in Ireland be deemed good Service.

Robertson & al versus Feryes.

Upon reading the Petition and Appeal of John Robertson, Joseph Barrows, and William Nicholson, Defendants in an Original Cause in the Court of Exchequer, to which Gale Feryes was Plaintiff; and of the said Joseph Barrows and John Robertson, Plaintiffs in a Cross Cause, to which the said Feryes was Defendant; complaining of a Decree of the said Court, made the 20th of May last; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to this House shall seem meet:"

It is Ordered, That the said Gale Feryes 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 9th Day of February next.

March. Dow. of Annandale and Sir James Johnstoun versus Marq of Annandale.

Upon reading the Petition and Appeal of Charlottá Marchioness Dowager of Annandale and Sir James Johnstoun Baronet; complaining of several Interlocutors of the Lords of Session in Scotland, of the 7th of January and 4th of February 1724/25, and 21st of June and 21st of December 1726, made on the Behalf of James Marquis of Annandale deceased; and praying, "That the same may be reversed; and that the Appellants may have such Relief as to this House shall seem meet:"

It is Ordered, That George now Marquis of Annandale, Henrietta Countess of Hoptoun, Charles Earl of Hoptoun, and John Lord Hope, nearest Heirs and Executors of the said late Marquis of Annandale, may have a Copy of the said Appeal; and put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 23d Day of February next; and that Service of this Order on their Agents at Edinburgh be deemed good Service.

De Rons versus Van Neck, et è contra.

Whereas this Day was appointed, for hearing the Causes wherein John Martin De Ron and John De Ron, Merchants, are Appellants, and Gerard Van Neck Merchant is Respondent; et è contra:

It is Ordered, That the hearing the said Causes be put off till To-morrow.

Bill to make Process effectual, Committee to consider Heads for.

The House was informed, "That, the last Session of Parliament, the Judges did, pursuant to an Order of the House, lay before their Lordships Heads for a Bill for making Process in Courts of Equity effectual, against Persons who absent themselves, and cannot be served; and the same were referred to a Committee, to consider thereof; but no Report was made from that Committee."

And it being moved, "That further Consideration may be had of this Matter:"

The Lords following were appointed a Committee, to consider of the said Heads for a Bill; and report to the House what they shall think proper thereupon; (videlicet,)

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

Ordered, That Two of the Judges do attend the said Committee.

Hamilton to enter into a Recognizance for Capt. Hamilton.

The House being moved, "That Richard Hamilton of London Merchant may be permitted to enter into a Recognizance for Captain Alexander Hamilton, on account of his Appeal depending in this House; he being in Scotland:"

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

Adjourn.

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

DIE Jovis, 27^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishops of Gloucester, St. Asaph, and St. David's, take the Oaths.

This Day Elias Lord Bishop of Gloucester, Thomas Lord Bishop of St. Asaph, and Nicholas Lord Bishop of St. David's, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lambe and his Brother's Pet. referred to Judges.

Upon reading the Petition of John Lambe Esquire, and Lacon Lambe his Brother; praying Leave to bring in a Bill, to enable them to mortgage or sell Part of an Estate in Herefordshire, for Payment of Debts:

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

East India Company versus Attorney General.

Upon reading the Petition and Appeal of the United Company of Merchants of England trading to The East Indies; complaining of a Decree of the Court of Exchequer, of the 25th of February 1714, made in a Cause wherein His late Majesty's Attorney General was Plaintiff, and the Appellants were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That His Majesty's Attorney General may have a Copy of the said Appeal; and put in his Answer thereunto, in Writing, on or before Thursday the Tenth Day of February next.

Cortisos versus Mendes.

Upon reading the Petition and Appeal of Joseph Cortisos of London Gentleman; complaining of a Decree of the Court of Chancery, of the 26th of June last, made in a Cause wherein the Appellant was Plaintiff, and James, Anthony, Lewis, and Alvaro Mendes, the Executors of Fernando Mendes, and Moses de Medina, and Joseph da Costa, were Defendants; and praying, That the said Decree may be varied in the Particulars complained of:"

It is Ordered, That the said James, Anthony, and Lewis Mendes 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 Thursday the 10th Day of February next.

Bindon versus Ryves.

Upon reading the Petition and Appeal of David Bindon Merchant; complaining of an Order of the Court of Exchequer in Ireland, of the 10th of June 1727, Mr. Baron St. Leger's Report made in Pursuance thereof, and of the Order of the 17th and 18th of November following, on hearing the said Report and the Exceptions taken thereto, and of a Decretal Order of the 8th of December 1730, the Master's Report, and of the Orders of the 16th of July and 9th of December last, made in a Cause wherein the Appellant was Plaintiff, and William Ryves Merchant Defendant; 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 William Ryves 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 Second 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.

Rowe & al. versus Brig. Steuart & Ux.

Upon reading the Petition and Appeal of Henry Rowe and Elizabeth his Wife, and James Steuart Esquire, which said Elizabeth and James are Executors of the last Will of General William Steuart deceased; complaining of a Decree of the Court of Chancery, of the Fourth of December last, and of the Order made on re-hearing, confirming the said Decree, in certain Causes, wherein the Appellants were Plaintiffs, and Brigadier William Steuart and Mary his Wife Defendants; et è contra; and praying, "That the said Decree, so far as the same concerns a Bond in Question, may be reversed, or otherwise varied, so that the Appellants may have Satisfaction of the Money remaining due on the said Bond:"

It is Ordered, That the said Brigadier Steuart and his Wife may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Thursday the Tenth Day of February next.

De Rons versus Van Neck, et è contra.

Counsel (according to Order) were called in, to be heard, in the Causes wherein John Martin De Ron and John De Ron, Merchants, are Appellants, and Gerard Van Neck Merchant is Respondent; and wherein the said Van Neck is Appellant, and the said De Rons are Respondents.

And the original Appellants Counsel having been heard accordingly; and divers Proofs on their Side read:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Causes be adjourned till To morrow; and that the Cause wherein Moses Rouquier Merchant is Appellant, and Thomas and Joseph Bolton are Respondents, appointed for that Day, be put off till Tuesday next.

Adjourn.

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

DIE Veneris, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cotter versus E. of Barrymore & al.

Upon reading the Petition and Appeal of Laurence Cotter Esquire; complaining of certain Orders, and of a Decree, of the Court of Chancery in Ireland, of the 17th of November last, made in a Cause wherein James Earl of Barrymore was Plaintiff, and James Cotter and others were Defendants; 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 James Earl of Barrymore and His Majesty's Attorney General for the Kingdom of Ireland, and the other Parties, may have a Copy of the said Appeal; and put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Third Day of March next; and that Service of this Order on the respective Six Clerks of the said Respondents in the said Court of Chancery in Ireland be deemed good Service.

Ly Cheyre's Pet. referred to Judges.

Upon reading the Petition of Gertrude Lady Cheync, Widow and Relict of William Lord Cheyne Viscount Newhaven in that Part of Great Britain called Scotland; praying Leave to bring in a Bill, for exemplifying the Will of the said Lord Cheyne, the Petitioner not being able to prove the same in a Court of Equity; no Person whatsoever having been found out, upon the most diligent Inqunv, that could have taken or claimed as Heir at Law to the said Lord Cheyne:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Denton; to examine the Allegations thereof, and to report to the House, in Writing, their Opinion thereupon.

De Rons versus Van Neck, et è contra:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Martin De Ron, Administrator with the Will annexed of Cornelia De Ron, Executrix of John Martin De Ron Senior, and Administrator de Bonis non with the Will annexed of the said John Martin De Ron Senior, and John De Ron, Merchants, complaining of so much of an Order of the Court of Chancery, of the 30th of July 1730, made in certain Causes, wherein Gerard Van Neck Merchant, surviving Assignee of Sir Justus Beck Baronet, a Bankrupt, deceased, by Bill of Revivor, was Plaintiff, and the Appellants and others were Defendants, et è contra; by which Order, the Third, Fourth, Fifth, and Sixth Exceptions taken by the Appellants to the Report made by Mr. Alderman Barnard and Samuel Holden Esquire, dated the 19th of March 1729, were overluled; and praying, "That the same may be reversed:" As also upon the Answer of the said Gerard Van Neck put in to the said Appeal: And likewise after hearing Counsel, upon the Petition and Appeal of the said Gerard Van Neck; complaining of Part of a Decree of the said Court of Chancery, of the 7th of December 1724; and praying, "That the same may be varied and altered in certain Matters complained of:" As also upon the Answer of the said John Martin De Ron and John De Ron put in to the said Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Order and Decree assirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petitions and Appeals be, and are hereby, dismissed this House; and that the said Order and Decree therein complained of be, and are hereby, assirmed.

Adjourn.

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

DIE Lunæ, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church Westm'r, to solemnize this Day; being by Act of Parliament appointed 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 esse usque ad et in diem Martis, primum diem Februarii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.