House of Lords Journal Volume 26: November 1742

November 1742

Anno 16^o Georgii Secundi.

DIE Martis, 16^o Novembris, 1742

DIE Martis, 16^o Novembris, 1742, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hib'niæ Regis, Fidei Defensoris, &c. Decimo-sexto, in quem Diem hæc Secunda 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.

Dux Cumberland.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places (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:

His Majesty's Speech.

"My Lords, and Gentlemen,

"The present important Conjuncture of Affairs will, I am persuaded, be thought a sufficient Reason for calling you thus early together.

"I have, in Pursuance of the repeated Advice of My Parliament, taken such a Part as appeared to Me most conducive to the Support of the House of Austria, and to the restoring and securing of the Balance of Power. In this View, I ordered a considerable Body of Troops to be sent from hence into Flanders; and at the Close of the last Session I foresaw, and pointed out to you, that it might be incumbent upon Me to enter into further Measures for the same great and desirable Ends. The Augmentation of our Strength in The Low Countries became a necessary Step; for which Purpose I sent, in Concert with My Allies, Sixteen Thousand of My Electoral Troops thither, with the Hessians in the British Pay; in order to form such a Force, in Conjunction with the Austrian Troops, as might be of Service to the common Cause in all Events. And I doubt not but I shall have your Assistance in the Support of these necessary Measures.

"The Magnanimity and Firmness of the Queen of Hungary, notwithstanding so many numerous Armies sent against Her; the resolute Conduct of the King of Sardinia, and His strict Adherence to His Engagements, though attacked in His own Dominions; the Stop which has been hitherto put to the ambitious Designs of the Court of Spain in Italy (to which the Operations of My Fleet in The Mediterranean have so visibly contributed); the Change of Affairs in the North, which has appeared by the public Requisition made by Sweeden of My good Offices for procuring a Peace between Russia and that Crown; and the defensive Alliances agreed upon, not only between Me and the Czarina, but also between Me and the King of Prussia, are Events which could not have been expected, if Great Britain had not shewn a seasonable Spirit and Vigour in the Defence and Assistance of its ancient Allies, and in the Maintenance of the Liberties of Europe, as well as of its own true and lasting Interest.

"Gentlemen of the House of Commons,

"I have ordered the proper Estimates for the Service of the ensuing Year to be prepared and laid before you; and also an Accompt of the Expence of those particular Services which I have already mentioned; and which you will find to have been concerted in as frugal a Manner as the Nature of them would admit. I am persuaded, that you will readily grant Me such Supplies as shall be found necessary for the Security and Welfare of the Nation, requisite for the Support of the common Cause, and adequate to the present Emergency.

"My Lords, and Gentlemen,

"The Importance of your Deliberations at this Time is so evident, that I will say nothing to enforce it. The Honour and Interest of My Crown and Kingdoms, the Success of the War wherein I am engaged against Spain, and the Re-establishment of the Balance and Tranquillity of Europe, will greatly depend on the Prudence and Vigour of your Resolutions. Let it be your Care, to avoid every Thing that may either delay or weaken them; and to convince the World that you are determined to make a right Use of the present Opportunity."

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

PRAYERS.

V. Townshend and the Bp. of Exeter sworn.

Charles Lord Viscount Townshend and Nicholas Lord Bishop of Exeter took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Select Vestries to regulate, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating Select Vestries."

Speech reported.

The Lord Chancellor reported His Majesty's Speech.

And the same being read, by the Clerk:

Proposition for an Address:

It was proposed, "To resolve, That an humble Address be presented to His Majesty, to return Him the Thanks of this House, for His most Gracious Speech from the Throne.

"To declare our just Sense of His Majesty's great Care and Vigilance, for the Support of the House of Austria, and for restoring and securing the Balance of Power.

"To acknowledge His Majesty's great Wisdom and Attention to the public Welfare, in sending so considerable a Body of His Forces into The Low Countries, and in strengthening them with His Electoral Troops and the Hessians in the British Pay; and thereby forming such an Army as may defend and encourage those Powers who are well intentioned, and give a real Assistance to the Queen of Hungary: And to assure His Majesty of the Concurrence and Support of this House, in this necessary Measure.

"To express our Satisfaction in the good Effects which the Vigour exerted by Great Britain, in assisting its ancient Allies, and maintaining the Liberties of Europe, hath already had on the Affairs of the Queen of Hungary, and the Conduct of several Powers; and our Hopes that a steady Perseverance in the same Measures will inspire the like Spirit and Resolution into other Powers, equally engaged by Treaties and common Interest to take the like Part.

"To give His Majesty the strongest Assurances, that this House has the Honour and Safety of His Majesty, the true Interest and Prosperity of His Kingdoms, the Security and Advancement of their Commerce, the Success of the War against Spain, and the Re-establishment of the Balance and Tranquillity of Europe, entirely at Heart; that these shall be the great and constant Objects of our Proceedings and Resolutions, this House being determined to support His Majesty in all just and necessary Measures for attaining those great and desirable Ends, and to stand by and defend His Majesty against all His Enemies."

And a Question being stated thereupon:

Additional Proposition.

It was proposed, "To add, at the End thereof, these Words; (videlicet,) ["And humbly to assure His Majesty, that we will apply our constant and persevering Endeavours to calm and heal all Animosities and Divisions, unseasonable as they are at all Times, and most pernicious in the present Juncture, which the true Fatherly Tenderness of His Majesty, out of the Abundance of His constant Care for the Rights and Liberties of His People, has so affectionately, at the Close of last Session, recommended from the Throne, by searching thoroughly and effectually into the Grounds which are or may be assigned for public Discontent, agreeably to the ancient Rules and Methods of Parliament."

The same was objected to.

And after Debate;

An Order was made, upon the First Proposition.

Committee to draw the Address.

And the Lords following were appointed a Committee, to prepare an Address, pursuant thereunto; (videlicet,)

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

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

After some Time, the House was resumed.

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

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

Address.

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our sincere and humble Thanks, for Your most Gracious Speech from the Throne.

"The Support of the House of Austria, and the restoring and securing the Balance of Power, are of so great Moment, as well to the essential Interests of this Nation in particular, as to the Liberties of Europe in general, that we esteem it our peculiar Felicity, in this critical and dangerous Conjuncture, to have a Prince upon the Throne, who not only shews the most Gracious Regard to the Advice of His Parliament upon this important Subject, but takes all Opportunities to confirm and animate them in the Pursuit of it. We acknowledge, with Hearts full of Gratitude, Your Majesty's Royal Wisdom and effectual Care in carrying on this great Work; which has appeared in nothing more than in sending so considerable a Body of Your Forces into The Low Countries, and in strengthening them afterwards with Your Electoral Troops and the Hessians in the British Pay. By this Step, so honourable to Your Majesty, and so advantageous to Your Allies, Your Majesty has demonstrated that You prefer this glorious Cause to all other Considerations; and has formed such an Army as may at once defend and encourage those Powers who are well-intentioned, and give a real Assistance to the Queen of Hungary. And we beg Leave to assure Your Majesty of our chearful and zealous Concurrence and Support in this necessary Measure.

"The good Effects which the Vigour exerted by Great Britain, under Your Majesty's Authority and Influence, in assisting its ancient Allies, and maintaining the Liberties of Europe, hath already had upon the Affairs of the Queen of Hungary, upon the Conduct of several Powers, and the State of Europe in general, are visible to all the World: It is with the utmost Satisfaction we observe them; and rely on Your Majesty's known Care and Attention to the public Welfare, to pursue and improve them. And we cannot but entertain well grounded Hopes, that so great an Example, and a steady Perseverance in the same Measures, will inspire the like Spirit and Resolution into other Powers, equally engaged by Treaties and common Interest to take the like Part.

"Your Majesty has laid before us so just a Representation of the Importance of our Deliberations at this Time, as cannot fail to make an Impression upon all true Lovers of their Country, equal to the Dignity and Weight of it. Permit us, on our Parts, to give Your Majesty the strongest Assurances, that we have the Honour and Safety of Your Majesty, the true Interest and Prosperity of Your Kingdoms, the Security and Advancement of their Commerce, the Success of the War against Spain, and the Re-establishment of the Balance and Tranquillity of Europe, entirely at Heart. These shall be the constant Objects of our Proceedings and Resolutions, from which we will never depart; being firmly determined to support Your Majesty in all just and necessary Measures for attaining those great and desirable Ends, and to stand by and defend Your Majesty and Your Government against all Your Enemies."

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 the Lords of Parliament.

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

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders of the House and the 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 the Streets and Passages between Charing Cross and 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 Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them, residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.

Adjourn.

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

DIE Mercurii, 17^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 when He would be pleased to be attended with their Lordships Address; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of St. James's."

L. Bathurst takes the Oaths.

This Day Allen Lord Bathurst 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 having received the Sacrament; to the Truth whereof Examination was had upon Oath.

Tucker against The King, in Error.

The House was informed, "That the Cause upon a Writ of Error depending in this House, wherein Richard Tucker is Plaintiff, and the King Defendant, by the general Direction contained in the Standing Order, in relation to the Hearing of Causes left undetermined in a former Session, stands appointed to be heard on Monday next; but the same concerning a Matter of Law, it may be necessary for the Judges to attend, in order to be consulted thereupon."

Ordered, That the Hearing of the said Cause be put off to Tuesday the 30th Day of this Instant November; and that the Judges do then attend this House.

Adjourn.

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

DIE Martis, 23^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The King's Answer to the Address.

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

"My Lords,

"The Duty and Affection which you express in this Address, for My Person and Government, are accompanied with so great Zeal for the common Cause, and the true Interest of My Kingdoms, as gives Me the utmost Satisfaction. I thank you heartily for it; and doubt not but your vigorous Support, so early and unanimously given, will have the best Effects both at Home and Abroad."

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

Account of prohibited East India Goods, &c. delivered.

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

They were called in; and delivered, at the Bar, in Pursuance of certain Clauses in some Acts of Parliament,

"An Account of prohibited East India Goods remaining in the respective Warehouses at Michaelmas 1741; what have been since brought in, what exported, as also what remained at Michaelmas 1742."

Also, "An Account of prohibited East India Goods, which have been delivered out of the respective Warehouses, in the Port of London, since Michaelmas 1741; in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1742."

And also, "An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1741, to Michaelmas 1742."

And, "An Account of the like Goods imported into the other Ports of England, for the same Time."

And then they were directed to withdraw.

And the Titles of the several Papers being read by the Clerk:

Ordered, That the same do lie on the Table.

Coventrye, Leave for a Bill, to take the Name of Savage.

Upon reading the Petition of Thomas Coventrye Savage Esquire, formerly called Thomas Coventrye; setting forth, (amongst other Things), "That, in Compliance with the Will of Thomas Savage, late of Elmley Castle, in the County of Worcester, Esquire, and by virtue of His Majesty's Sign Manual, the Petitioner did take upon himself the Surname of, and hath borne the Arms of, Savage;" and praying Leave to bring in a Bill, that the said Surname of Savage, and the Arms of that Family may be confirmed to, and established in, the Petitioner and his Descendants, by Authority of Parliament:

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

Ainslie against Arbuthnot and Company.

Upon reading the Petition and Appeal of George Ainslie of Bourdeaux Merchant; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 14th Day of July, and 18th Day of December, 1739, made on the Behalf of Alexander Arbuthnot and Company; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to this House in their great Wisdom shall seem meet:"

It is Ordered, That the said Alexander Arbuthnot and Company 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 21st Day of December next; and that Service of this Order on their Agents or Procurators before the said Court of Session be deemed good Service.

Respondents to answer E. Sutherland's Appeal.

Upon reading the Petition of William Earl of Sutherland; setting forth, "That, in Pursuance of an Order made the last Session of Parliament, his Appeal was amended; but the Order for the new Respondents to answer was omitted to be served in due Time;" and praying, "That the same may be renewed:"

It is Ordered, That the Respondents to the said Appeal do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 21st of December next.

Time to receive Petitions for Private Bills limited.

Ordered, That no Petition for a Private Bill shall be received by this House after Wednesday the 19th of January next, during this Session of Parliament.

Adjourn.

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

DIE Mercurii, 24^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Weir against Nasmith & al.

The joint and several Answer of Arthur Naismith, John Syme, William Cullen, and Charles Hamilton, Four of the Respondents to the Appeal of William Weir of Waygateshaw, was put in.

Coventrye to take the Name of Savage, Bill.

The Earl of Coventry (pursuant to the Order of Yesterday) presented to the House a Bill, intituled, "An Act to enable Thomas Coventrye Savage Esquire, formerly called Thomas Coventrye, and his Progeny and Descendants, to take and use the Surname and Arms of Savage, in Performance of, and Compliance with, the Will of Thomas Savage Esquire."

And the same was read the First Time.

Respondents to answer Sir J. Bellew's Appeal.

Upon reading the Petition of Sir John Bellew Baronet, an Infant, by his next Friend Dame Elenor Bellew, Widow, and of the same Dame Elenor; praying, "In regard the Appeal of his Father is revived in the Petitioner's Name, pursuant to an Order of the last Session of Parliament; that Philemon M^cCarton and Mary his Wife, Thomas Tenison Esquire, the Reverend Doctor Patrick Delany and Margaret his Wife, John Woods, John Forster, and Richard Bellew, the former Respondents, may be required to put in their Answer to the said revived Appeal:"

It is Ordered, That the said Respondents do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 29th Day of December next; and that Service of this Order on their several Attornies or Agents in the Court below be deemed good Service.

Respondents to answer Naughton's Appeal.

Upon reading the Petition of Laughlin Naughton Gentleman; praying, "In regard he is unable to make Proof of the Service of the Order of this House, the last Session of Parliament, requiring Edwin Sandys Reynolds, John Staunton Executor of John Staunton Esquire, deceased, Robert Le Strange Clerk, and Edward Hudson, Executors of Leonard Hudson Clerk, deceased, and Thomas Hudson Eldest Son and Heir of the said Edward Hudson, to put in their Answers to the Petitioner's Appeal; that a new Order may be granted for that Purpose:"

It is Ordered, That the several Persons abovementioned do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 29th Day of December next; and that Service of this Order on their respective Attornies in the Court of Exchequer in Ireland be deemed good Service.

Respondents to answer Hunter's Appeal.

Upon reading the Petition of Andrew Hunter Provost of the Borough of Forfar, James Binny Shoemaker there, and William Brown Writer there, Baillies of the said Borough, Robert Wedderburne of Pearsie Treasurer there, and David Cantie late Baillie there, James Dickson Merchant there, Andrew Binny Shoemaker there, John White late Deacon of the Shoemakers there, John Moffat Shoemaker there, David Binny Shoemaker there, Thomas Hunter Wright there, John Black Taylor there, James Fisher Baxter there, James Cuthbert Brewer there, and John Miln Taylor there, all Counsellors of the Borough of Forfar; praying, "In regard an Affidavit of the Service of the Order of this House, made last Session of Parliament, requiring Alexander Binny of Whitewall, sometime Provost of Forfar, John Jaffray Writer there, William Sturrock Shoemaker there, William Kerr Writer there, Charles Webster Deacon of the Shoemakers there, John Watt Deacon of the Weavers there, John Reid Merchant qua Deacon of the Glovers there, William Cantie Deacon of the Taylors there, James Brown Shoemaker there, John Webster late Deacon of the Weavers there, John Wallace Merchant there, William Gray Flesher there, James Binny Brewer there, John Sturrock Shoemaker there, David Tindal and William Reid both Shoemakers there, James Symoner Brewer there, Robert Peter Brewer there, James Ramsay Taylor there, William Douglas late Provost of the said Borough of Forfar, John Binny Shoemaker there, Francis Barry Brewer there, Patrick Sturrock Merchant there, James Steil Brewer there, James Suittie Shoemaker there, Robert Ogilvie Merchant there, John Watterstone Shoemaker there, William Ogilvie Litster there, William Murray Merchant there, John Gourlay Wright there, Thomas Binny Shoemaker there, Thomas Scott Hammerman there, John Wilson Merchant there, and John Soutar Wright there, to answer the Petitioners Appeal, is mislaid; that the said Respondents may have a Copy of the said Appeal, and put in their Answer in such Time as their Lordships shall please to appoint:"

It is Ordered, That the said Respondents may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 22d Day of December next; and that Service of this Order on their several Procu rators or Agents in the Court below be deemed good Service.

E. Anglesey against Annesley.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Richard Earl of Anglesey is Appellant, and Charles Annesley Esquire Respondent:"

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

Mercer against Butler.

The like Motion and Order, for hearing the Cause wherein Robert Mercer Gentleman is Appellant, and John Butler Esquire & al. are Respondents, on the First Day for Causes after Christmas next.

Respondents to answer Weir's Appeal peremptorily.

The House was informed, "That Arthur Nasmith and others, Respondents to the Appeal of William Weir, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

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

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

Vernon against Vernon & al.

Counsel were (according to Order) called in, to be heard, in the Cause wherein Anna Bella Vernon and Matilda Vernon, as also Ephraim Thwaites and others are Appellants, and Edward Vernon and others are Respondents; both Appeals complaining of a Decree, or Order of Dismission, of the Court of Chancery in Ireland, of the 14th of May, 1686.

And the Counsel for the Appellants having been fully heard, and several Proofs and Proceedings in the Cause on their Part read:

The Counsel were all directed to withdraw.

Ordered, That the further Hearing of this Cause be adjourned till To-morrow at One o'Clock; and be proceeded on exactly at that Time.

Adjourn.

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

DIE Jovis, 25^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coventrye to take the Name of Savage, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Coventrye Savage Esquire, formerly called Thomas Coventrye, and his Progeny and Descendants, to take and use the Surname and Arms of Savage, in Performance of, and in Compliance with, the Will of Thomas Savage Esquire."

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

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

Vernon against Vernon & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Anna Bella Vernon and Matilda Vernon, as also Ephraim Thwaites and others, are Appellants, and Edward Vernon Clerk and others are Respondents; both Appeals complaining of a Decree, or Order of Dismission, of the Court of Chancery in Ireland, of the 14th of May 1686.

And the Counsel for the Appellants Epbraim Thwaites and others being fully heard, and some Depositions in the Cause on their Part read;

And the First Counsel for the Respondents having been fully heard, and several Depositions and Proceedings on their Part read:

The Counsel were all directed to withdraw.

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Veneris, vicesimum sextum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vernon against Vernon & al.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Anna Bella Vernon and Matilda Vernon, and also Ephraim Thwaites and others, are Appellants, and Edward Vernon Clerk and others are Respondents; both Appeals complaining of a Decree, or Order of Dismission, of the Court of Chancery in Ireland, of the 14th of May 1686.

And the Second Counsel for the Respondents was fully heard, to observe on the Proceedings and Evidence produced on their Part.

And the First Counsel on each Appeal having been fully heard, by Way of Reply:

The Counsel were all directed to withdraw.

And the following Order and Judgement was made; (videlicet,)

Judgement.

"After hearing Counsel, as well on Wednesday last, as Yesterday and this Day, upon the Petition and Appeal of Anna Bella Vernon and Matilda Vernon, Daughters and Heirs at Law of Thomas Vernon Esquire and Jane Vernon his Widow, both deceased; complaining of a Decree, or Order of Dismission, of the Court of Chancery in Ireland, the 14th Day of May 1686, to which Edward Vernon Clerk, Captain John Vernon his Son, Francis Huish Clerk, Ephraim Thwaites and Anne his Wife, Elizabeth Carter Spinster, and George Venables Vernon Esquire, are Respondents; as also upon the Petition and Appeal of the said Ephraim Thwaites and Anne his Wife, and the said Francis Huish, to which the said Jane Vernon, Captain John Vernon, Edward Vernon, Elizabeth Carter, and George Venables Vernon, are Respondents; complaining likewise of the said Decree or Order, and both Appeals praying, "That the same might be reversed; and that the Appellants might be relieved, as to this House should seem meet and just:" As also upon the Answers of the said several Respondents put in to the said Appeals; and due Consideration had of what was offered in this Cause: 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 Decree, or Order of Dismission, therein complained of, be, and the same is hereby, affirmed.

E. Home against Clark.

Upon reading the Petition and Appeal of William Earl of Home; complaining of an Interlocutor of the Lords of Session in Scotland, of the 3d of June 1741, made on the Behalf of Mrs. Jacobina Clark; and praying, "That the said Interlocutor may be reversed; and that the Appellant may have such other Relief given him as to this House shall seem just and reasonable:"

It is Ordered, That the said Jacobina Clark may have a Copy of the said Appeal; and do put in her Answer thereunto, in Writing, on or before Friday the 24th Day of December next; and that Service of this Order on the Respondent's Agent or Lawyers before the Court of Session be deemed good Service.

Adjourn.

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

DIE Martis, 30^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tucker against The King, in Error.

Counsel were called in, to be heard, in the Cause upon a Writ of Error, wherein Richard Tucker Esquire is Plaintiff, and our Sovereign Lord the King Defendant.

And both the Counsel for the Plaintiff having been fully heard;

As also the First Counsel for the Defendant:

The Counsel were all directed to withdraw.

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

Counsel to be heard against Coventrye's Bill.

Upon reading the Petition of Elizabeth Byrche Widow, and Thomas Byrche an Infant, Son of the said Elizabeth Byrche; praying Leave to be heard, by Counsel, against the Bill, intituled, "An Act to enable Thomas Coventrye Savage Esquire, formerly called Thomas Coventrye, and his Progeny and Descendants, to take and use the Surname and Arms of Savage, in Performance of, and Compliance with, the Will of Thomas Savage Esquire, before the same does pass; being advised they are greatly concerned in the Consequences thereof:"

It is Ordered, That the Sitting of the Committee to whom the said Bill stands committed, be put off, from Friday next, to this Day Fortnight; and that the Petitioners be then heard, by Counsel, as desired; as may Counsel also be heard for the Bill at the same Time.

Ainslie to amend his Appeal.

Upon reading the Petition of George Ainslie; praying Leave to amend his Appeal, by adding Alexander Innis as a Party Appellant, the Respondents having not yet put in their Answer:

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired; he amending the Respondents Copy.

Magenis against Magenis.

Upon reading the Petition and Appeal of Arthur Magenis Esquire; complaining of a Decree, or Order, of the Court of Exchequer in Ireland, the 5th Day of May 1737, made on the Behalf of John Magenis; and praying, "That the same may be reversed; and that his Bill may be dismissed with Costs; and that the Appellant may be relieved in such Manner as to the Wisdom of this House shall seem meet:"

It is Ordered, That the said John Magenis 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 4th Day of January next; and that Service of this Order on his Clerk in Court, or Attorney, be deemed good Service.

Moore against Lynch et al.

Upon reading the Petition and Appeal of Michael Moore Esquire; complaining of a Decree, or Order of Dismission, of the Court of Exchequer in Ireland, of the 21st, 23d, 24th, and 30th Days of May, 25th, 27th, and 28th Days of June, and 4th Day of February, 1739, and 30th Day of June 1740, made on the Behalf of Henry Lynch Esquire, commonly called Sir Henry Lynch Baronet, and Dame Mary his Wife, and Frances Moore by her Guardian Laughlin Naughton Gentleman; and praying, "That the said Decree, or Order, may be reversed and set aside; and that the Appellant may be relieved, as to the great Wisdom and Justice of this House shall seem meet:"

It is Ordered, That the said Henry Lynch and his Wife, and the said Frances Moore, 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 4th Day of January next; and that Service of this Order on their respective Attornies in Court be deemed good Service.

Hume Campbell against Home & al.

Upon reading the Petition and Appeal of Alexander Hume Campbell Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 9th Day of December 1741, made on the Behalf of David Home and John Sinclair; and praying, "That the same may be varied or altered, and such other Relief given the Appellant as to this House in their great Wisdom and Justice shall seem meet:"

It is Ordered, That the said David Home and John Sinclair 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 28th Day of December next; and that Service of this Order upon their Procurators or Agents in the Court below be deemed good Service.

Campbell against M^cMillan & al.

Upon reading the Petition and Appeal of Captain William Campbell, Eldest Son of John Campbell Esquire, sometime Lord Provost of Edinburgh, deceased; com plaining of Two Interlocutors of the Lords of Session in Scotland, of the 13th of June and 12th of November 1740, made on the Behalf of Alexander M^cMillan and Margaret his Wife; and praying, "That the same may be reversed, and such Relief given the Appellant as to this House in their great Wisdom shall seem meet:"

It is Ordered, That the said Alexander M^cMillan and Margaret 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 Tuesday the 28th Day of December next; and that Service of this Order upon any of their Counsel before the Court of Session be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Decembris jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.