House of Lords Journal Volume 22: March 1723, 21-31

March 1723, 21-31

DIE Jovis, 21^o. Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Dartmouth and Bp. of Ely take the Oaths.

This Day William Earl of Dartmouth and William Lord Bishop of Ely 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.

Call of the House adjourned.

Ordered, That the Call of the House, which was appointed for this Day, be adjourned to this Day Sevennight.

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Campbell and others:

With a Bill, intituled, "An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign, (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there;) and for making the said Act more effectual;" to which they desire the Concurrence of this House.

Gloucester Highways, to repair, Bill.

Ordered, That the Bill, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by Virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act;" be read a Second Time on Wednesday next.

E. of Scarsdale & al. Complaint of Reflections on them, in some Examinations taken before a Committee of H. C.:

Complaint being made to the House, by the Earl of Scarsdale, Earl of Strafford, Earl Cowper, Lord Craven, Lord Gower, Lord Bathurst, and Lord Bingley, "That, in One or more of the Examinations of Christopher Layer, in the printed Appendixes referred to in the Report from the Committee appointed by Order of the House of Commons, to examine Christopher Layer and others, it is set forth, "That one John Plunket told him the said Layer, That the said Lords were of a Club, or Meeting, called, in some of the said Plunket's Letters, Burford's Club."

And the said Lords severally declaring the same to be false and groundless:

Motion for Plunket to be brought to the Bar:

A Motion was made,

And the Question was put, "That John Plunket, now in Custody, being the Person who, Layer says, in One or more of his Examinations, told him, "That several Lords of Parliament therein named were of a Club, or Meeting, called, in some of the said Plunket's Letters, Burford's Club," be forthwith brought to the Bar of this House, to be examined touching the said Matter only."

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"And for Reasons, we refer to those entered on a Protestation made on the Ninth Day of this Instant March, to a Resolution of the like Nature.

"Scarsdale.
Cowper.
Bingley.
Bathurst.
Dartmouth.
Gower.
Strafford.
Craven.
Litchfield.
Poulett.
Guilford.
Montjoy.
Weston.
Hay.
Foley.
Aylesford.
Compton.
Uxbridge.
Exeter."

Layer to be examined by the Committee.

The Duke of Dorset reported from the Lords Committees to whom the Report, and original Papers, Letters, and Examinations, delivered on Friday last, by the House of Commons, at a Conference, were referred: "That the Committee think it of Importance to examine Christopher Layer, now a Prisoner in The Tower of London; and that he was directed by the Committee to move, that they may be empowered to examine the said Layer accordingly."

It is Ordered, That the said Lords Committees be, and are hereby, empowered to examine the said Christopher Layer, as desired.

S. S. Comp. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for reviving and adding Two Millions to the Capital Stock of the South Sea Company; and for reviving a proportional Part of the Yearly Fund payable at the Exchequer; and for dividing their whole Capital (after such Addition made) into Two equal Parts, or Moieties; and for converting One of the said Moieties into certain Annuities, for the Benefit of the Members; and for settling the remaining Moiety in the said Company; and for continuing for One Year longer the Provision formerly made, against requiring Special Bail, in Actions or Suits upon such Contracts as are therein mentioned."

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

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment.

E. of 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:

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

Bank Annuities, at 5 per Cent. to redeem, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for redeeming certain Annuities; payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum."

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

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Sommers' Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, 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," 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.

Adjourn.

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

DIE Veneris, 22^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Messages from H. C. with a Bill; and to return the Poor's Bill, and Bennet's Bill.

A Message from the House of Commons, by Sir Edward Knatchbull and others:

To return the Bill, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

A Message from the House of Commons, by Mr. Arscott and others:

To return the Bill, intituled, "An Act for vesting in Trustees the Estates of George Bennett Gentleman, and of Henry Bennett his only Son and Heir, in the County of Devon, to be sold, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

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

And a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Lovibond, to acquaint them therewith.

A Message from the House of Commons, by Mr. Chapman and others:

With a Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways between the House commonly called The Horse-shoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and for re pairing the Road from the North Bridge of Newport Pagnell, in the County of Bucks, to the said Horseshoe House;" to which they desire the Concurrence of this House.

L. Craven's Bill.

The House being moved, for an Order for some Witnesses to attend, on Tuesday next, touching a Matter alledged in the Rider to 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," appointed then to be taken into Consideration:

Which being granted; it was, at the Request of the Lord Craven, Ordered, That the further Consideration thereof be adjourned to this Day Three Months.

L. Blany and Lady Blany versus Mahon & Ux.

Upon reading the Petition of Cadwallader Lord Blany and Lady Mary Blany; setting forth, "That an original Deed of Settlement, bearing Date the Twenty-fourth of November 1687, whereby the Respondents claim their Portion, and whereby the Petitioner Cadwallader Lord Blany is entitled to Part of the Lands in Question, as Tenant in Tail, having been lodged in the Court of Chancery of Ireland, the Respondent Nicholas Mahon procured the same to be delivered to him, upon giving Security to the said Court, and refuses the Petitioner a Copy thereof;" and praying, "That the said Respondent may be obliged to give the Petitioners a true Copy of the said Deed of Setlement; and to permit the Petitioners Agent to inspect the Original:"

And thereupon Michael Tuny and Edward Dixie were called in; and examined, upon Oath, at the Bar, touching the Allegations of the said Petition.

And being withdrawn:

It is Ordered, That the said Respondent Nicholas Mahon do give the Petitioners a true Copy of the said Deed of Settlement, they paying for the same; and do permit the Petitioners Agent to inspect the said original Deed, according to the Prayer of the said Petition; and that the Hearing the said Causes, which stand appointed for Monday next, be put off to the Wednesday following; and that the Bill for repairing the Gloucestershire Highways be read a Second Time on Friday next.

S. S. Comp. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for reviving and adding Two Millions to the Capital Stock of the South Sea Company; and for reviving a proportional Part of the Yearly Fund, payable at the Exchequer; and for dividing their whole Capital (after such Addition made) into Two equal Parts or Moieties; and for converting One of the said Moieties into certain Annuities, for the Benefit of the Members; and for settling the remaining Moiety in the said Company; and for continuing for One Year longer the Provision formerly made, against requiring Special Bail, in Actions or Suits upon such Contracts as are therein mentioned."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Bank Annuities, at 5 per Cent. to redeem, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for redeeming certain Annuities, payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum."

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. Fellowes and Mr. Lovibond:

To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.

Sommers' Bill:

Hodie 3^a 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."

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. Fellowes and Mr. Lovibond:

To carry down the said Bill, and desire their Concurrence thereunto.

Edinburgh, Duty on Beer, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there); and for making the said Act more effectual."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Mathew Martin and others:

With a Bill, intituled, "An Act for naturalizing John Baring;" to which they desire the Concurrence of this House.

The House was adjourned during Pleasure, to robe.

The House was resumed.

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; and 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;

The Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for reviving and adding Two Millions to the Capital Stock of the South Sea Company; and for reviving a proportional Part of the Yearly Fund, payable at the Exchequer; and for dividing their whole Capital (after such Addition made) into Two equal Parts or Moieties; and for converting One of the said Moieties into certain Annuities, for the Benefit of the Members; and for settling the remaining Moiety in the said Company; and for continuing for One Year longer the Provision formerly made, against requiring Special Bail, in Actions or Suits upon such Contracts as are therein mentioned."

"2. An Act for redeeming certain Annuities, now payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum."

"3. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"4. An Act for amending the Laws relating to the Settlement, Employment, and Relief, of the Poor."

"5. 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."

"6. 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."

"7. An Act for continuing some Laws; and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Jusies; 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."

"8. An Act for repairing and widening the Road leading from The Black Bull, in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford."

To these Bills the Clerk Assistant, in the Absence of the Clerk of the Parliaments, pronounced the Royal Assent, severally, in these Words; (videlicet,)

"Le Roy le veult."

"9. An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground and Buildings thereupon, in the Parish of St. James, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer."

"10. An Act to confirm certain Exchanges, Conveyances, and other Assurances, made by John Jenyns Esquire and others, of some Parts of the Estates comprized in the Articles and Settlement made on his Marriage with Dorothy his late Wife; and to supply some Defects in the said Articles and Settlement; and to enable him to make a Settlement on any future Marriage."

"11. An Act for vesting in Trustees the Estates of George Bennet Gentleman, and of Henry Bennet his only Son and Heir, in the County of Devon, to be sold, for the Purposes therein mentioned."

"12. An Act to naturalize Elizabeth Burr and others."

"13. An Act to naturalize John Berckenhout and Jacob Hansson Busk."

To these Bills the Royal Assent was severally pronounced, in the Words following; (videlicet,)

"Soit fait comme it est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Mill & al. versus Col. Reid & al.

The House being moved, on the Behalf of Colonel Robert Reid, James Couts, and others, Respondents to the Petition and Appeal of Alexander Mill of Hatton, William Ross, and others, "That a Day may be appointed, for hearing thereof:"

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

Adjourn.

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

DIE Sabbati, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E of Strafford's Complaint of The Weekly Journal:

Complaint being made to the House, of a printed Paper, called, "The Weekly Journal, or British Gazetteer, Saturday, March 23, 1723, printed and sold by J. Read, in White Fryers, near Fleet Street;" "That the Earl of Strafford's Name is inserted in a List which is therein, intituled, "A List of the Conspirators concerned in the late Plot formed against the King and Government, for setting the Pretender on the British Throne; with the fictitious Names that several of them went by, alphabetically digested:"

And the Title of the said News Paper and List being read:

J. Read to be attached.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith bring the said J. Read to the Bar of this House.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Bucks and Northampton Highways, to repau, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks, and the Town of Northampton; and for repairing the Road from the North Bridge of Newport Pagnel, in the County of Bucks, to the said Horseshoe House."

Baring, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing John Baring."

The House was adjourned during Pleasure.

The House was resumed.

Message from H. C. for a Conference about Papers relative to the Conspiracy:

A Message from the House of Commons, by Sir John Rushout and others:

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in; and acquainted, "That the Lords do agree to a Conference, as desired; and appoint the same presently, in the Painted Chamber."

Ordered, That the Lords who were named Managers of the last Conference be the Managers of this Conference.

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure.

And the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported, and Papers delivered.

And the Lord President reported, "That the Managers had been at the Conference; which on the Part of the Commons, was managed by Mr. Pulteney and others; who delivered some further Examinations, taken by the Committee of the House of Commons appointed to examine Christopher Layer and others, not contained in the Trunk of Papers and Examinations communicated by them at a Conference with this House on Friday the Fifteenth Instant, as follow:

"B. Copy of the Examination of Christopher Layer, before the Committee of the House of Commons, on the Nineteenth of January and Fourth February 1722."

"C. The Examination of John Plunket, before the Committee of the House of Commons, the Twenty-fifth January 1722."

"E. Examination of George Kelly Clerk, before the Committee of the House of Commons, on the Second February 1722."

"F. The Examination of Dennis Kelly Esquire, before a Committee of the House of Commons, Second February 1722."

The Titles thereof being read by the Clerk:

It is Ordered, That the said several Examinations be referred to the same Lords Committees to whom the Report, and original Papers, Letters, and Examinations, delivered by the House of Commons, at a Conference, the Fifteenth Instant, stand referred; and that their Lordships be, and are hereby, empowered to examine any of the said Persons, from Time to Time, as they shall think fit.

J. Read to be brought on Tuesday.

Ordered, That the Gentleman Usher of the Black Rod do bring J. Read, the Printer, to the Bar of this House, on Tuesday Morning next.

Adjourn.

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

DIE Martis, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir J Inglis & al versus Edinburgh Duty on Beer Bill.

A Petition of Sir John Inglis Baronet, Alexander Young, James Robertson, and others, Freeholders, Heretors, and Brewers, of the County of Mid Lothian, not inhabiting within the City of Edinburgh, or the Suburbs or Liberties thereof; praying to be heard, by their Counsel, against so much of the Bill, intituled, An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer, sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there), and for making the said Act more effectual," as is to extend the said Duty beyond the Liberties and Privileges of the said City, before the passing thereof, was presented to the House, and read.

And ordered to lie on the Table, till the said Bill be read a Second Time.

J. Read, Printer of The Weekly Journal, to be attached.

Whereas, by Order of this House on Saturday last, the Gentleman Usher of the Black Rod was required to bring J. Read, Printer, in White Fryers, to the Bar of this House this Day, for printing, in a News Paper, called "The Weekly Journal, or British Gazetteer, Saturday, March 23, 1723," a List which is therein intituled, "A List of the Conspirators concerned in the late Plot, formed against the King and Government, for setting the Pretender on the British Throne, with the fictitious Names that several of them went by, alphabetically digested;" in which List the Earl of Strafford's Name is inserted:"

And the Gentleman Usher of the Black Rod being now called upon, to give an Account what he had done in Pursuance of the said Order, gave the House an Account, "That he had made diligent Inquiry after the said J. Read, at his House, and elsewhere; and that he absconds, and cannot be found; that his Wife did promise he should attend this House this Morning."

And the House having for some Time expected him; and he not being come:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod do forthwith attach the Body of the said J. Read, for printing the said List; and keep him in safe Custody for his said Offence, till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Message from H. C. for a Conference.

A Message from the House of Commons, by Mr. George Berkeley and others:

about original Papers delivered at a former Conference.

To desire a Conference with this House, upon the Subject-matter of the original Letters and Papers formerly delivered to the Lords at a Conference.

To which the House agreed.

And the Messengers were called in; and acquainted, That the Lords do agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."

Managers:

The Lords following were named Managers of the Conference:

The House being informed, "That the Managers of the Conference for the House of Commons were now ready, in the Painted Chamber:"

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord President reported, "That the Managers had been at the Conference; which, on the Part of the Commons, was managed by Mr. Pulteney and others; who delivered a Paper, to the Effect following; (videlicet,)

"That the Commons having appointed Thursday next, to read a Second Time the Bill for inflicting certain Pains and Penalties upon John Plunket; and conceiving that the original Papers and Examinations, delivered to your Lordships at a former Conference, will be necessary for them; have desired your Lordships will return them to the House of Commons for some Time; and they will deliver them back to your Lordships as soon as they can conveniently."

To which the House agreed.

Bucks and Northampton Highways, to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways, between the House commonly called The Horseshoe House, in the Parish of Stoke Goldington, in the County of Bucks and the Town of Northampton; and for repairing the Road from the North Bridge of Newport Pagnell, in the County of Bucks, to the said Horseshoe House."

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.

Bp. of St. Asaph desired to preach, 25th April.

Ordered, That the Lord Bishop of St. Asaph be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Thursday the Twenty-fifth Day of April next, being the Day appointed by His Majesty's Royal Proclamation for a Public Thanksgiving to Almighty God, for the Preservation of this Kingdom from the dreadful Plague with which the Kingdom of France was lately visited.

Baring's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Baring."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees abovenamed:

Their Lordships, or any Five of them; to meet also on Thursday next, at the same Place; and to adjourn as they please.

Edinburgh Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act made in the Third Year of His Majesty's Reign (for continuing the Duty of Two Pennies Scotts upon every Pint of Ale and Beer sold in the City of Edinburgh, for the Purposes therein mentioned; and for discontinuing Payment of the Petty Port Customs there); and for making the said Act more effectual."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and the Lords to be summoned:

And that the Petition of Sir John Inglis Baronet and others; praying to be heard, by their Counsel, against Part of the said Bill, which was ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee; and that the Petitioners be at Liberty to be then heard, by their Counsel, according to the Prayer of the said Petition; as also Counsel for the said Bill, if the Parties think fit.

Trunk and original Papers concerning the Conspiracy, to be laid on the Table:

The Duke of Dorset acquainted the House, "That the original Papers, Letters, and Examinations, referred to in the Report, and delivered to their Lordships at a former Conference, and now desired by the Commons to be returned to them, are in his Custody, and ready to be produced."

Ordered, That the Trunk, containing the said original Papers and Examinations, with the Key thereof, be laid on the Table.

And the same being laid on the Table accordingly:

To be returned to H C. at a Conference.

It is Ordered, That the Trunk and Key, containing the said original Papers and Examinations, be returned to the House of Commons, at a Conference.

Message to them, for a Conference:

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the last Conference.

Answer.

The Messengers sent to the House of Commons return Answer:

That the Commons agree to a present Conference, as desired.

Ordered, That the Lords who were named Managers of the last Conference, be the Managers of this Conference.

Hay and others to be examined.

The Duke of Dorset reported from the Lords Committees to whom the Report and original Papers, Letters, and Examinations, delivered the Fifteenth Instant by the House of Commons at a Conference, were referred, "That he was directed by the Committee to move, That they may be empowered to examine one Andrew Hay."

It is Ordered, That the said Lords Committees be, and are hereby, empowered to examine the said Andrew Hay accordingly; and that their Lordships be, and are hereby, empowered to send for and examine such other Persons as they from Time to Time shall think proper.

Conference had, and reported.

The House being informed, "That the Managers of the Conference for the House of Commons were now ready, in the Painted Chamber:"

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had been at the Conference; and returned to the Commons the Trunk and Key, containing the original Papers and Examinations delivered at a former Conference, as commanded."

Lords of Manors to recover then Fines, Bill.

The Order of the Day, for the House to be put into a Committee again 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 on this Day Sevennight this House shall be put into a Committee again, to consider further of the said Bill.

Adjourn.

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

Die Veneris, 13^o die Martii, 1723, hitherto examined by us,

Findlater.
Hu. Bristol.
Ric. Lincoln.
T. Chichester.
Jo. Norwich.

DIE Mercurii, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Blany and Ly. Dowager Blany versus Mahon & Ux, et è contra.

This Day being appointed, to hear Counsel, as well upon the original Appeal of Cadwallader Lord Blany, Baron of Monaghan in the Kingdom of Ireland, and Mary Lady Dowager Blany, Relict and Administratrix of William late Lord Blany, deceased; complaining of several Orders made in the High Court of Chancery in the said Kingdom, the Sixth of February One Thousand Seven Hundred and Eighteen, the Twenty-seventh of May, the Sixteenth of July, and Fifteenth of November, One Thousand Seven Hundred and Twenty, and the Order for confirming the Master's Report of the Ninth of March 1720, the Decree made up and enrolled thereon, and an Order of the Thirtieth of March One Thousand Seven Hundred Twenty-one, in a Cause there depending, wherein Nicholas Mahon Esquire and Elinor his Wife were Plaintiffs, and the Appellants and others were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed:" As also upon the Cross Appeal of the said Nicholas Mahon Esquire and Elinor his Wife, to which the said Appellants in the Original Appeal were Respondents; in which Cross Appeal the Appellants complained, "That they are aggrieved by the said Orders and Decree in several Particulars; and praying Relief therein."

And the Counsel on both Parts having been fully heard;

And due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Original Appeal of the said Lord Blany and the said Lady Dowager Blany be, and the same is hereby, dismissed this House; and that the said Decrees and Orders, so far as the same are complained of in the said Appeal, be, and are hereby, affirmed; and as to so much of the said Orders and Decree, as decrees the several Sums of Money and the Interest thereof, decreed to be recovered by the said Nicholas Mahon and Elinor his Wife, who were Plaintiffs in the said Court of Chancery, to be a Charge on the Twenty Messuages, Ten Tofts, Two Hundred Cottages, Two Hundred Gardens, and Two Thousand Acres of Land, in Mucknoe and Castle Blany, alias Ballylurgan, Ballylacky, and Ballytcan, being the Particulars mentioned in the Fine levied in Pursuance of the Deed of Settlement in the Year One Thousand Six Hundred Eighty-seven, in the Pleadings mentioned, equally, in Proportion to each Denomination in the said Fine mentioned; and so far as the said Decree or Orders postpone the Sale of the Lands liable to the said Sums decreed to be recovered by the said Nicholas Mahon and Elinor his Wife, till after the Death of Margaret Lady Dowager Blany, be, and the same is hereby, reversed: And it is further Adjudged, That the Manor, Lands, and Territory of Mucknoe and Ballylacky, and all other Messuages, Lands, Tenements, and Hereditaments, of which the said Henry Lord Blany was seised in Fee at the Time of the Deed of Settlement aforesaid, and which were thereby subjected to the raising the said Portion and Maintenances of the said Elinor; and so much of the Messuages, Lands, Tenements, and Hereditaments, lying in the other Manor, Towns, and Places, named in the said Fine, being Part of the Estate entailed by Virtue of the Deed and Fine of One Thousand Six Hundred Sixty-two, in the Pleadings mentioned, as will answer to the full and compleat Number of Messuages, Acres, and other particular Descriptions in the said Fine, are well charged with the Portion and Maintenance of the said Elinor, and are liable to be sold during the Life of Margaret Lady Dowager Blany, for Payment thereof, with Interest (subject to her Rent-charge of Four Hundred Pounds per Annum): And it is hereby further Ordered and Adjudged, That all the Lands hereby adjudged to be charged with the said Portion and Maintenance, and not liable to the Four Hundred Pounds per Annum settled on the said Margaret Lady Dowager Blany, or so much thereof as shall be necessary, be forthwith sold, subject to all prior Incumbrances affecting the same, to the best Bidder, for raising the said Portion, and Arrears of Maintenance, with Interest, according to the last Decree; and if the Lands not chargeable with the Four Hundred Pounds per Annum be not sufficient for that Purpose, that then the Estate charged with the said Four Hundred Pounds per Annum, or so much thereof as shall be necessary, be likewise forthwith sold, for the Purposes aforesaid, subject to the said Four Hundred Pounds per Annum and all prior Incumbrances affecting the same; and, with these Variations, the rest of the said Decrees and Orders are affirmed; and the Court of Chancery in Ireland is to take Care that this Judgement be put into effectual Execution.

Call of the House adjourned.

Ordered, That the Call of the House, which was appointed for To-morrow, be further adjourned till Thursday the Fourth Day of April next.

D. Dowager of Hamilton versus D. of Hamilton:

Upon reading the Petition of Charles Sanderson, Solicitor for Elizabeth Dutchess Dowager of Hamilton, Appellant in a Cause depending in this House, to which James Duke of Hamilton and Alexander Gillyes are Respondents; setting forth, "That the Hearing the said Cause is appointed for Monday next; that the Petitioner did not receive the Copy of the Decree, Writings, and Papers, till Monday last, so that it is impossible to prepare Briefs and Case to be ready in that Time; that Mr. Solicitor General, who is One of her Grace's Counsel, and signed the Appeal, is engaged, by Order of the House of Commons, to attend the Service of that House on that Day;" and praying, on Behalf of the said Appellant, "That the Hearing the said Cause may stand adjourned over to a further Day:"

And thereupon the Petitioner and the Respondent's Solicitor attending were called in.

And consenting to the putting off the said Hearing;

And being withdrawn:

Hearing put off.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Eighth Day of April next; and that the Cause appointed for that Day be heard on the Wednesday following.

Adjourn.

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

DIE Veneris, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of Rochester's Pet. about making his Defence in H. C. against a Bill of Pains and Penalties, depending there:

A Petition of Francis Lord Bishop of Rochester, Prisoner in His Majesty's Tower of London, was presented to the House, and read; setting forth, "That, by Order of the House of Commons, he has received a Copy of a Bill, for inflicting certain Pains and Penalties upon him, for supposed Crimes, of which he is innocent: That, by another Order of the said House (upon the Petitioner's Letter to the Speaker), Counsel and Solicitors are allowed to come to him, to assist him in the making his Defence. But the Petitioner finding, by a Standing Order of this most Honourable House, of the 20th January 1673, "That no Lord may appear, by Counsel, before the House of Commons, to answer any Accusation there;" he is under great Difficulty. And, that he may not do any Thing which may give Offence to their Lordships, and be derogatory to the Rights of Peerage, in which, as a Member of this House, he has the Honour to partake; the Petitioner humbly prays their Lordships Directions, for his Conduct in this Behalf."

And the said Standing Order being read:

A Motion was made,

Metion, that he ought not to make his Defence there, against any Bill, &c:

And the Question was put, "That the Bishop of Rochester, being a Lord of Parliament, ought not to answer, or make his Defence, by Counsel or otherwise, in the House of Commons, to any Bill or Accusation there depending?"

It was Resolved in the Negative.

"Dissentient.

Protest against rejecting it.

"1st, Because, we conceive, the permitting the Lord Bishop of Rochester to make his Defence in the House of Commons, would be directly contrary to the Words and Meaning of the Standing Order of the House, bearing Date 20th January 1673, which expressly and clearly orders, "That, for the future, no Lord (which extends to Lords Spiritual as well as Temporal) shall go down to the House of Commons, or send his Answer in Writing, or appear by Counsel, to answer any Accusation there." And it is observable, that this Order is worded absolutely, and not qualified by the Words, "without Leave of the House," as the following Standing Order, of Twenty-fifth of November 1696, which prohibits Lords from going into the House of Commons while the House is sitting, is qualified; from which different Penning, as well as from the Preamble of the said first mentioned Order (which shews, the Mischief designed to be prevented was the giving Leave, in Cases of Lords desiring it, to appear, or answer Accusations in the House of Commons), we infer, that the said Order, of January 1673, was meant as a Rule for all future Times, that if Leave should be asked by a Lord of Parliament to answer, or make a Defence, to an Accusation (in any Form, as we conceive) in the House of Commons, it ought to be denied, as deeply intrenching on the Privileges of this House.

"2dly, The said Standing Order, in Affirmance of which the Question was moved, ought to be of the greater Weight, in our Opinions; it having been founded on the Consideration and Report of a Committee (to whom it was particularly referred to consider the Practice of Lords desiring Leave to answer Accusations in the House of Commons), on the Perusal of Precedents in that Committee, and upon serious Consideration and Perusal of the same Precedents in the House itself.

"3dly, We cannot apprehend but that a Bill, by which Crimes are charged, and a Preparation is made to inflict Penalties if the Crimes are proved, contains very clearly an Accusation; especially when a Day is given, and Counsel allowed by the House of Commons, to the Person against whom the Crimes are alledged, to make a Defence to the same; which Proceeding, though in the Legislative Capacity of that House, carries in it all the essential Parts of a Judicial Trial: And we therefore conceive, that this House ought to be more jealous of their Members answering in the House of Commons an Accusation in this Form, rather than in any other, since thereby they submit themselves to try the Point of their being Guilty or Not Guilty in the House of Commons; and that in order to receive the Sentence and Judgement of that House, by passing or rejecting the Bill: And this, in our Opinions, more deeply intrenches, as the Standing Order expresseth it, on the Privileges of this House, than a Lord's going down to the House of Commons, during a Debate there, to prevent an Impeachment, doth; the latter being only to prevent an Accusation; but the former is (as we clearly conceive) to answer an Accusation there, the very Thing prohibited by the Standing Order.

"4thly, We think the Accusation, which Lords are prohibited to answer by this Standing Order, must be chiesly, if not only, understood of an Accusation couched in a Bill (as in the present Case); since we never heard that any Lord of Parliament did, at any Time, answer to, or defend in Person or by Counsel, an Impeachment in the House of Commons, though they may have gone down to that House by Connivance, to prevent such Impeachment; and therefore Lords defending themselves in the House of Commons, against an Impeachment, could not be the Mischief intended to be cured by the said Standing Order.

"5thly, That the House of Commons, on Bills to inflict Penalties, do proceed, strictly speaking, in their Legislative Capacity, is certainly true; and yet it is plain to us, that in reality they partake, in such Cases, with the House of Lords in the Judicature; or, which is all one, in trying and adjudging Offenders to Punishment: And though the Lords should, in very extraordinary Cases, think fit to concur in such a Method of punishing; yet it is, in our Opinions, going by much too far, for the Lords to permit any of their Body to make Defence in the House of Commons, either by himself or Counsel, which is letting themselves down to a very great Degree, and giving an unnecessary Encouragement to that Manner of Proceeding. And when Lords have so far submitted to this Course, we think there is little Reason to expect that afterwards the Commons will ever appear at the Lords Bar as Accusers, when they can by this Way make themselves as much Judges, even over Lords, as, in this Proceeding by Bill, the Lords themselves are.

"6thly, Though Lords, by not being permitted to appear, either in Person or by Counsel, to defend themselves in the House of Commons, may be thought possibly to lose some Advantage in their Defence; yet we think it was and is the true Meaning of the said Standing Order first mentioned, that a Lord should rather suffer something of Inconvenience in that Particular, and commit his Cause to God, and the Justice of the House of which he is a Member, and who are his proper Judges, than in any Degree debase or derogate from the legal State and Dignity of the Lords in general.

"7thly, Although there be (as we conceive) a very manifest and important Difference in Reason, as to the Matter of this Question, between the Case of Bishops (who are declared, by the Standing Order of the Twenty-third May 1628, to be only Lords of Parliament, and not Peers, for they are not of Trial by Nobility) and that of Peers of the Realm, who undoubtedly, for Matters of Treason and Felony, are triable by their Peers only; yet since, by the Standing Order first mentioned, Bishops are as much and as clearly prohibited to answer any Accusation in the House of Commons as the Peers or Lords Temporal are, we cannot but apprehend, with the deepest Concern, that this Case may be used hereafter as a Precedent (though, as we take it, far from being a Precedent in Point), to bring by Degrees the Peers of the Realm to defend themselves against Accusations of the like Nature in the House of Commons; which if once brought to be a Practice, we are of Opinion that the Peers of the Realm would, in great Measure, be degraded from their Peerages; and so, by weakening and debasing the Order of Nobility, which in its Institution was meant, or at least hath proved, a Lustre and Security to the Crown, the Safety as well as Dignity of the Crown itself may be hereafter in a great Degree impaired.

"Scarsdale.
Dartmouth.
Cowper.
Gower.
Bathurst.
Bruce.
Guilford.
Trevor.
Compton.
Strafford.
Litchfield.
Aylesford.
Arundell.
Poulett.
Hay.
Ashburnham.
Uxbridge.
Foley.
Bingley.
Weston.
Montjoy."

Bp. of Rochester at Liberty to make his Defence in H. C.

Then a Motion was made, "That the Bishop of Rochester be at Liberty to make his Defence in the House of Commons, in Person or by Counsel, if he shall think fit."

And the Standing Order of the Twenty-eighth of April 1699, "That no Motion shall be granted, for dispensing with a Standing Order of this House, the same Day it is made," being read;

And a Question being stated upon the said Motion:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Affirmative.

Then the main Question was put, "That the Bishop of Rochester be at Liberty to make his Defence, in the House of Commons, in Person or by Counsel, if he shall think fit?"

It was Resolved in the Affirmative.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Rochester be at Liberty to make his Defence, in the House of Commons, in Person or by Counsel, if he shall think fit.

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith acquaint the Lord Bishop of Rochester with the said Resolution.

Gloueester Highways, to repair, Bill.

The Order of the Day for the Second Reading of the Bill, intituled, "An Act for repairing the Highways from the City of Gloucester, to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act," being read:

It is Ordered, That the said Bill be read a Second Time on Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem Aprilis, jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.