Journal of the House of Lords: Volume 22, 1722-1726. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 22: March 1723, 1-10', in Journal of the House of Lords: Volume 22, 1722-1726, (London, 1767-1830) pp. 103-111. British History Online https://www.british-history.ac.uk/lords-jrnl/vol22/pp103-111 [accessed 27 April 2024]
In this section
March 1723, 1-10
DIE Veneris, 1o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. Buchan and E. Haddington take the Oaths.
This Day David Earl of Buchan and Thomas Earl of Hadinton came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Sweet versus Anderson.
Whereas this Day was appointed, for hearing the Cause wherein Stephen Sweet Esquire is Appellant, and Alexander Anderson Esquire is Respondent:
Causes put off.
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday next; and that the other Causes be removed in Course.
Eyre versus Daly:
The House was informed, "That Laughlin Daly Esquire, who, by Order of this House of the Sixteenth of October last, was required to put in his Answer to the Appeal of John Eyre Esquire on or before Tuesday the Twentieth of November following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose:"
And thereupon Thomas Ledgit was called in; and examined upon Oath, at the Bar, in relation to the said Service.
And being withdrawn:
To answer peremptorily.
It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal, by this Day Sevennight.
Edgecumbe's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to or for the Use of His Majesty, for building a Victualing-office, for the Service of the Royal Navy, at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement."
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 Saturday the Sixteenth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Continuing and reviving Laws, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing some Laws, and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages, and the Preservation of Naval Stores, and Stores of War; and concerning the Militia and Trophy Money; and against clandestine Running of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs, and Frauds in mixing Silk with Stuffs to be exported."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Burr & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize Elizabeth Burr and others."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Berckenhout and Busk, Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize John Berckenhout and Jacob Hansson Busk."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Bennet and Mr. Borret:
To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 4o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hotton's Bill.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton his Daughters; and for other Purposes herein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which were read Twice, and agreed to.
Ordered, That the Bill, with the Amendments, be engrossed.
Message from H. C. with a Bill.
A Message from the House of Commons, by Mr. Horatio Walpole and others:
With a Bill, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town; and also for preserving Ships wintering in the said Haven from Accidents by Fire;" to which they desire the Concurrence of this House.
Lords of Manors to recover then Fines, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and that the Judges do then attend.
Sweet versus Anderson:
After hearing Counsel, upon the Petition and Appeal of Stephen Sweet of Kilkenny in the Kingdom of Ireland Esquire; complaining of a Decree of the Court of Exchequer in the said Kingdom, of the Second of December One Thousand Seven Hundred and Twenty, and an Order of the Fourth of May following in Affirmance thereof, in a Cause wherein Alexander Anderson Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the said Decree and Order may be reversed, and the Respondents Bill dismissed:" As also upon the Answer of the said Alexander Anderson put in to the said Appeal; and due Consideration had of what was offered on either Side in thisCause:
Decree and Order affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree and Order therein complained of be, and are hereby, affirmed.
Great Yarmouth Haven and Piers, to repair, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town; and also for preserving Ships wintering in the said Haven from Accidents by Fire."
Dr. Bennet versus Treppass & al.
Whereas Wednesday next is appointed, for hearing the Cause wherein Thomas Bennet Doctor in Divinity is Appellant, and Michael Treppass, Richard Bocket, and Nicholas Wichel, are Respondents:
The House being moved, "That the said Appellant may produce, at the said Hearing, the Books and Papers in his Custody, which were produced at the Hearing the said Cause in the Court below:"
Appellant to produce Books, &c.
It is Ordered, That the said Appellant do produce the said Books and Papers, at the Hearing the said Cause at the Bar of this House, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 5o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Norwich Manufacturers, Qualification Bill.
A Message from the House of Commons, by Mr. Waller Bacon and others:
With a Bill, intituled, "An Act for better qualifying the Manufacturers of Stuffs and Yarn, in the City of Norwich, and Liberties thereof, to bear Offices of Magistracy in the said City; and for regulating the Elections of such Officers;" to which they desire the Concurrence of this House.
Then the said Bill was read the First Time.
Abercrombie versus Jones and Donaldson:
The House was informed; "That John Jnnes and Lewis Donaldson, who, by Order of this House of the Three and Twentieth of October last, were required to put in their Answer or respective Answers to the Appeal of Alexander Abercrombie Esquire, for himself and other Creditors of Alexander Wilson, deceased, on or before Tuesday the Twentieth of November following, have neglected to put in their Answer thereunto, though duly served with the said Order for that Purpose."
And thereupon an Affidavit of the said Service being read:
To answer peremptorily.
It is Ordered, That, the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, by this Day Sevennight.
Poor's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor."
And, after some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the Bill; and that he was directed to move, that they may have Leave to sit again."
Ordered, That, on this Day Sevennight, this House shall be put into a Committee again, to consider further of the said Bill; and that the Judges do then attend.
Ld. Craven's Bill.
The Order being read, for the Third Reading of the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called the Pest-house Field, from certain charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses:"
It is Ordered, That the said Bill be read the Third Time on Thursday next, at Two a Clock; and the Lords to be summoned; and that Sir Hans Sloane, Dr. Mead, and Dr. Arbuthnot, do then attend; and that the Lord Craven be at Liberty to produce any other Physicians he shall think fit, at the Third Reading of the said Bill.
Great Yarmouth Haven and Piers, to repair, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town; and also for preserving Ships wintering in the said Haven from Accidents by Fire."
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.
Sommers & al. Leave for a Bill:
After reading, and considering, the Report of the Judges to whom the Petition of Richard Sommers Esquire and Anne his Wife, on Behalf of themselves, and of Elizabeth Frances Sommers, Anna Maria Sommers, Martha and Harriot Sommers, their Four Daughters, now under the Age of Twenty-one Years, and of Francis Barrell, Whitlocke Bulstrode, and Edward Marshall, Esquires, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Then, Hodie 1a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, of Richard Sommers Esquire, in the County of Kent, in Trustees, to be sold, for Payment of a Debt now owing and charged thereon, on Account of his late Brother and Sisters Portions."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 6o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
E. of Suffolk takes his Seat.
This Day Edward Earl of Suffolk sat first in Parliament, after the Death of his Nephew Charles Earl of Suffolk and Bindon; and came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Her Royal Highness's Answer to the congratulatory Message on the Bath of the young Princess.
The Earl of Scarbrough reported, "That he and the Lord Percy, pursuant to their Lordships Order, had waited on Her Royal Highness the Princess of Wales, with the Message from this House, to congratulate her on her happy Delivery of a Princess; and that Her Royal Highness was pleased to return the following Answer; (videlicet,)
"I am very much obliged to the House of Lords; and return them my Thanks, for their Congratulation."
Lords of Minors to recover their Fines, Bill.
Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases:"
It is Ordered, That the House be put into a Committee thereupon on Saturday next; and the Lords to be summoned; and the Judges to attend.
House to be called; and Lord Chancellor to write to absent Lords.
Ordered, That the House be called over on Thursday the Twenty-first Day of this instant March; and that the Lord Chancellor do write Letters to the absent Lords, to acquaint them of the Call of the House on that Day; and that their Attendance is then required.
Dr Bennet versus Treppass & al.
After hearing Counsel, in Part, upon the Petition and Appeal of Thomas Bennet Doctor in Divinity, complaining of an Order of the Court of Exchequer, of the Twenty-sixth of October last; as also upon the Answer of Michael Treppass, Richard Bocket, and Nicholas Witchell, put in to the said Appeal:
It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow; and that the Counsel be called in at Twelve a Clock.
Ld. Craven's Bill.
Whereas To-morrow is appointed, for the Third Reading of the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called The Pest-house Field, from certain charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses:"
It is Ordered, That the said Bill be read the Third Time on Saturday next, at Two a Clock; and the Lords to be summoned and that Sir John Colbotch and Sir John Shadwell, with the other Physicians ordered Yesterday, do then attend; and that the Lord Craven be at Liberty to produce any other Physicians he shall think fit, at the Third Reading of the said Bill.
D. Montagu and D. Manchester's Bill.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester, and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the said Duke of Montagu," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."
Which were read Twice, and agreed to.
And other Amendments were made by the House to the said Bill.
Ordered, That the Bill, with the Amendments, be engrossed.
Norwich Manufacturers, Qualification Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for better qualifying the Manufacturers of Stuffs and Yarn, in the City of Norwich, and Liberties thereof, to bear Offices of Magistracy in the said City; and for regulating the Elections of such Officers."
Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill relating to the Haven and Piers of Great Yarmouth stands committed:
Their Lordships, or any Five of them; to meet To-morrow, at the same Place; and to adjourn as they please.
Horton's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton, his Daughters; and for other Purposes herein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons by Mr. Edwards and Mr. Conway:
To carry down the said Bill, and desire their Concurrence thereunto.
Sommers' Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Lands, Tenements, and Hereditaments, of Richard Sommers Esquire, in the County of Kent, in Trustees, to be sold, for Payment of a Debt now owing and charged thereon, on Account of his late Brother and Sisters Portions."
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 the Twenty-first Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 7o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Great Yarmouth Haven and Piers, to repair, Bill.
The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town; and also for preserving Ships wintering in the said Haven from Accidents by Fire," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Norwich Manufacturers, Qualification Bill:
The Earl of Yarmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act for better qualifying the Manufacturers of Stuffs and Yarn, in the City of Norwich, and Liberties thereof, to bear Offices of Magistracy in the said City; and for regulating the Elections of such Officers," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Then, Hodie 3a vice lecta est Billa, intituled, "An Act for better qualifying the Manufacturers of Stuffs and Yarn, in the City of Norwich, and Liberties thereof, to bear Offices of Magistracy in the said City; and for regulating the Elections of such Officers."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Great Yarmouth Haven and Piers, to repair, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town; and also for preserving Ships wintering in the said Haven from Accidents by Fire."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Edwards and Mr. Conway:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
The House was adjourned during Pleasure.
The House was resumed.
E. Sutherland & al. versus Grant and Duff.
Whereas To-morrow is appointed, for hearing the Cause wherein John Earl of Sutherland and others are Appellants, and James Grant and William Duff Esquires are Respondents:
And the House being moved, "That the said Hearing may be put off for some Time, in regard the Parties are under a Treaty for an Accommodation:"
And thereupon the Agents on both Sides were called in.
And severally consenting to the putting off the said Hearing:
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Twentieth Day of this Instant March, at Eleven a Clock.
Dr. Bennet versus Treppass & al.;
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Bennet Doctor in Divinity; complaining of an Order of the Court of Exchequer, of the Twenty-sixth of October last, in a Cause wherein the Appellant was Plaintiff, and Michael Treppass, Richard Bocket, and Nicholas Witchell, Inhabitants of the Parish of St. Giles's, Cripplegate, were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Michael Treppass, Richard Bocket, and Nicholas Witchell, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
Order affirmed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Order therein complained of be, and is hereby, affirmed.
D. Montagu and D. Manchester's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the said Duke of Montagu."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Edwards and Mr. Conway:
To carry down the said Bill, and desire their Concurrence thereunto.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, nonum diem instantis Martii, hora undecima Auroræ Dominis sic decernentibus.
DIE Sabbati, 9o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Arch. Ebor. Epus. Dunelm. Epus. Sarum. Epus. Cestriens. Epus. Asaphens. Epus. Lincoln. Epus. Exon. Epus. Litch. & Cov. Epus. Carliol. Epus. Norwic. Epus. Bangor. Epus. Glocestr. Epus. Cicestriens. |
Comes Macclesfield, Cancellarius. Ds. Carleton, Præses. Dux Kingston, Custos Privati Sigilli. Dux Greenwich, Senescallus. Dux Newcastle, Camerarius. Dux Richmond. Dux Grafton. Dux Devon. Dux Montagu. Dux Kent. Dux Manchester. Dux Dorset. Comes Exeter. Comes Warwick. Comes Denbigh. Comes Berks. Comes Sunderland. Comes Scarsdale. Comes Clarendon. Comes Essex. Comes Anglesey. Comes Litchfield. Comes Radnor. Comes Yarmouth. Comes Scarbrough. Comes Rochford. Comes Coventry. Comes Poulett. Comes Godolphin. Comes Cholmondeley. Comes Sutherland. Comes Buchan. Comes Hadinton. Comes Loudoun. Comes Findlater. Comes Selkirk. Comes Orkney. Comes Stair. Comes Hoptoun. Comes Deloraine. Comes Ilay. Comes (fn. 1) Oxford & Mortimer. Comes Ferrers. Comes Strafford. Comes Uxbridge. Comes Aylesford. Comes Bristol. Comes Halifax. Comes Sussex. Comes Cowper. Comes Cadogan. Comes Coningesby. Comes Pomfret. Viscount Say & Seale. Viscount Townshend. Viscount Lonsdale. Viscount Tadcaster. Viscount St. John. Viscount Cobham. Viscount Falmouth. Viscount Harcourt. |
Ds. Carteret, Unus Primariorum Secretariorum. Ds. Percy. Ds. Willoughby Er. Ds. Delawar. Ds. Clinton. Ds. Willoughby Br. Ds. Hunsdon. Ds. Compton. Ds. Teynham. Ds. Bruce. Ds. Berkeley Str. Ds. Cornwallis. Ds. Arundell. Ds. Craven. Ds. Osborne. Ds. Guilford. Ds. Weston. Ds. Herbert Cher. Ds. Hay. Ds. Montjoy. Ds. Trevor. Ds. Foley. Ds. Bathurst. Ds. Bingley. Ds. Onslow. Ds. Romney. Ds. Newburgh. |
PRAYERS.
Eyre versus Daly.
The Answer of Loghlin Daly Gentleman, to the Appeal of John Eyre Esquire:
Mahon & Ux. versus L. Blany and Ly. Dowager Blany.
Also, the Answer of Cadwallader Lord Blany Baron of Monaghan, and Mary Lady Dowager Blany, to the Appeal of Nicholas Mahon Esquire and Eleanor his Wife; were brought in the Eighth Instant.
Lords of Manors to recover their Fines, Bill.
The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases," being read:
It is Ordered, That the House be put into a Committee thereupon, on Tuesday the Nineteenth Day of this Instant March; and the Lords to be summoned; and that the Judges do then attend.
E. of Strafford and E. of Kinnoul's Complaint:
Complaint being made to the House, "That, in a Paragraph of the printed Report from the Committee appointed by Order of the House of Commons to examine Christopher Layer and others, and to whom several Papers and Examinations laid before the House, relating to the Conspiracy mentioned in His Majesty's Speech at the Opening of this Parliament, to be carrying on against His Person and Government, were referred; the Lord Strafford and Lord Kinoule are mentioned, in the Deposition of Andrew Pancier, "That he had been told by one Skeene (now in Custody) that the said Lords knew of an Invasion intended by Forces from Abroad, and were concerned in the Management of the Conspiracy here:"
Motion for Pancier and Skeene to attend about it:
And thereupon a Motion was made, "That the said Andrew Pancier and Skeene be immediately sent for, to attend at the Bar of this House."
After Debate;
The Question was put, "That Andrew Pancier and Skeene be immediately sent for, to attend at the Bar of this House?"
It was Resolved in the Negative.
Protest against it.
"Dissentient.
"1st, Because the Earl of Kinnoul and the Earl of Strafford having severally complained to the House, That they find themselves reflected on, in a printed Deposition of one Andrew Pancier, wherein he deposeth, "That one Skeene (now in Custody) had acquainted him, among other Things, that the said Earls knew of the late Conspiracy, and were concerned in the Management of it here;" and the said Earls alledging, "That they did not see, by the Report in which that Deposition is found, that the said Skeene, though in the Hands of the Government, had been so much as questioned touching the said Hearsay," (which Observation we find to be true): We think it highly reasonable, to have complied with the Motion and Request of the said Lords, that the said Pancier and Skeene might be examined at the Bar of this House, in relation to that Matter only; the like Request, for the better clearing the Reputation of any Noble Lord when he hath thought it unjustly aspersed, having never been denied, that we know of; but, on the contrary, it was not long since granted, in the Case of the late Earl of Sunderland, though the Examination which he thought reflected on his Honour was not come into Print when he made his Complaint; which, according to our Judgement, was not so strong a Case for granting the Motion as the present is.
"2dly, Because the said Deposition, as far as it is printed, contains nothing but what the Deponent heard another say (except as it contains a Charge on Skeene for saying it); we think it was very natural and proper, as well for the Advancement of Justice, as for the Vindication of the Noble Lords requesting it, to trace the said Hearsay, if possible, to the Fountain Head, or at least so far as to know from the Person charged with relating it, whether he would deny his having related it, or, if not, whether he would confess the Falsity of what he had so related, or undertake to make it good by his own Testimony, or otherwise.
"3dly, We think there could be no Inconvenience in examining, as moved, to find whether there was any, and what, Foundation for this Hearsay; it not being an Anticipation of the Course of Justice (as examining a Part of the Evidence against any Man, or a Part of an Accusation would be); since the swearing what One Man said of a Third Person is in no Sort Evidence, either in Law or Reason, to support a Conviction, or even to ground an Accusation upon, in any Form whatsoever.
"4thly, Since a meer Hearsay, being no Evidence in the least Degree, cannot be made a Foundation for any legal Proceeding; it is impossible for any Noble Lord, whose Honour may be affected by it, to hope to clear himself on any Trial, or other like Opportunity that can be given him to make his Defence: And therefore, since there is no other Method that we can think of so proper or effectual, in our Opinions, as an Examination of the Nature of that moved for, we think it ought to have been ordered; and that every Noble Lord may possibly in Time be hurt by the Consequence of this Precedent.
"5thly, We cannot think that the examining, as moved for, into this Hearsay only, could have made any Difference with the other House; since it is inconceivable by us, that any Number of Gentlemen, who may have by Accident (for we hope it is no otherwise), in setting forth the Deposition of Pancier as a Charge against Skeene, happened to asperse the Reputations of some of the Peers of the Realm, could resent, either that these Lords should desire, or the House permit them, to clear themselves, as soon and as effectually as possible, of that Hearsay.
"Hay.
Strafford.
Scarsdale.
Cowper.
Fran. Cestriens.
Uxbridge.
Willoughby de Broke.
Osborne.
Anglesey.
Craven.
Bristol.
Aylesford.
Foley.
Guilford.
Berkeley of Stratton.
Arundell.
Poulett.
Weston.
Litchfield.
Bathurst.
Bruce.
Compton.
Exeter.
Bingley."
L. Craven's Bill.
The Order being read, for the Third Reading of the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called The Pest-house Field, from certain charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses."
It is Ordered, That the said Bill be read the Third Time on Thursday next, at Two a Clock; and the Lords to be summoned; and that the Physicians who were ordered to attend this Day do then attend; and that the Lord Craven be at Liberty to produce any other Physicians he shall think fit, at the Third Reading of the said Bill.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.