House of Lords Journal Volume 21
February 1719, 1-10

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History of Parliament Trust

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1767-1830

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61-67

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'House of Lords Journal Volume 21: February 1719, 1-10', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 61-67. URL: http://www.british-history.ac.uk/report.aspx?compid=113413 Date accessed: 22 September 2014.


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February 1719, 1-10

DIE Lunæ, 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. London.
Epus. Norwic.
Epus. Hereford.
Epus. Cestr.
Epus. Glocestr.
Epus. Asaph.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Ds. Parker, Cancellarius.
Comes Sunderland, Præses.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bolton.
Dux Marlborough.
Dux Bucks & Nor.
Dux Roxburgh.
Dux Portland.
March. Annandale.
Comes Pembrokc.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Stamford.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Greenwich.
Comes Poulet.
Comes Orkney.
Comes Play.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Carnarvon.
Comes Stanhope.
Comes Cadogan.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount Sherard.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Bruce.
Ds. Byron.
Ds. Berkeley Str.
Ds. Lucas.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Bingley.
Ds. Carleton.
Ds. Coningesby.
Ds. Onslow.
Ds. Torrington.
Ds. Romney.

PRAYERS.

King's Answer to Address, for lending over Mr. Borrows.

The Lord Chancellor acquainted the House, "That he had attended His Majesty, with the Address of this House, relating to Maurice Annesley Esquire; and that His Majesty was pleased to command him to let the House know:

"That He would always have a great Regard to their Privileges; and would consider of some proper Method for doing what was desired by the Address."

Beconsfield Highways, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Meller:

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

Thanks to Bp. of Carlisle, for his Sermon.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Carlisle, for the Sermon by him preached, before this House, on Friday the Thirtieth of January last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

Highways, repairing, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for making more essectual the several Acts passed for repairing and amending the Highways of this Kingdom."

Ordered, That the said Bill be read a Second Time on Thursday next.

Condition of the House.

The House being informed, by the Lord Chancellor, That a Report was made, That the Officers of the Works, having been inquired of, as to the Security of the House since the propping of it, had declared, "They could not say it was secure for a Minute."

Ordered, That the Surveyor General of His Majesty's Works do immediately attend this House.

E. Westmorland's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of several Manors, Lands, Tenements, and Hereditaments, of the Right Honourable Thomas Earl of Westmorland, in the County of Kent; and, with the Monies arising by such Sale, to purchase other Lands, in or near the County of North'ton, to be settled to the same Uses," was committed: "That they had considered of 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.

Oxon Roads, Bill.

The Earl of Clarendon likewife reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, and the Road leading from Wheatly Bridge, through the City of Oxon, by Begbrooke, to New Woodstock, in the County of Oxon (except the Mill-way on each Side the said City); and to disable all Commissioners or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the said Toll for repairing such Highways or Roads," was committed: "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

E. Cadogan introduced:

This Day William Lord Cadogan, being, by Letters Patent, dat. 8o Die Maii, Anno Quarto Georgii Regis, created Earl of Cadogan, was, in his Robes, introduced, between the Earl of Lincoln and Earl of Berkeley (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Earl of Yarmouth officiating in the Absence of the Lord Great Chamberlain, preceding.

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

His Lordship's Writ of Summons was also read; and is as follows:

His Writ of Summons.

Georgius, Dei Gratia, Magn. Britann. Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo & Consiliario Nostro Gulielmo Comiti Cadogan, Salutem: Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magn. Britanniæ & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, inchoari & teneri ordinaverimus; quo Die idem Parliamentum Nostrum inchoatum & tentum fuit; & abinde, per separalia Adjournamenta, Prorogationes, & Continuationes, ad & in Vicesimum Diem instantis Maii, prorogatum, adjournatum, & continuatum est; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consihum impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Octavo Die Maii, Anno Regni Nostri Quarto.

"Wrighte."

Then his Lordship 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; and was afterwards placed on the lower End of the Earls Bench.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Isaac Rebow and others:

With a Bill, intituled, "An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester to Wivenhoe, and for making the said Act more effectual;" to which they desire the Concurrence of this House.

Surveyor Gereral examined, about the Condition of the House.

The House being informed, "That the Surveyor General of His Majesty's Works attended at the Door:"

He was called in; and asked, by the Lord Chancellor, "If the Roof of the House was now secure from any Danger of falling? or, if not, whether it could be made so?"

To which he answered, "That the Wall Plate, and Rafters, were rotten; which Rasters being all Principals, the whole Weight lay upon them; and that the House was bore together by Collar-beams." And then described more particularly the Nature of the Roof; and represented why it could not be propped otherwise; and insisted, the Danger was chiefly in the Rafters.

And being asked, "If Props were set under the Floor, to support those above?" He answered, "There were Props exactly underneath." And further said, He did not think it possible, in the Nature of the Building, to make it secure."

And being then asked, "In how long a Time a Place could be prepared in Westminster Hall for the House to sit in?" He answered, "That he had consulted with the proper Workmen; and that it might be done in Ten or Twelve Days."

He likewise acquainted the House, "That the Passage from the House of Commons to the Painted Chamber is so very ruinous, as to be in great Danger of falling."

And then he was directed to withdraw.

Address for a Place to be prepared in Westm. Hall:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That His Majesty would be pleased to give Orders, that a Place be prepared, in Westminster Hall, for the Lords to sit in, with all possible Dispatch."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Surveyor General further examined:

The Surveyor General of His Majesty's Works, being called in again, was asked, by the Lord Chancellor, If the Workmen work Night and Day, in what Time a Place could be prepared in Westminster Hall for the House to sit in?" He answered, "He was not able to tell, without consulting the Workmen; but that the utmost Dispatch possible should be used."

He was directed to withdraw.

Master Mason and Master Carpenter to view the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Master Mason and Master Carpenter of His Majesty's Works, taking to their Assistance such other Persons as they shall think proper, do, with all convenient Speed, view the Walls and Timbers of this House, and report to their Lordships the Condition in which they find the same; which Report is to be made upon Oath.

Stevenson versus Fises.

Whereas this Day was appointed, for hearing the Cause wherein Katherine Stevenson and James Gillon Esquire are Appellants, and Gilbert, Mary, and Euphan Fifes, Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Day for Causes after the intended Adjournment; and that the other Causes be removed, to come on in Course.

Smith versus Phelipps, in Error.

Whereas Thursday next is appointed, for hearing Counsel, on the Petition of Edward Smith Defendant, in a Writ of Error presented to this House on Wednesday last, wherein Thomas Smith is Plaintiff:

It is Ordered, That this House will hear Counsel, upon the said Petition, the next Day after the First Day for Causes after the intended Adjournment.

Bath versus Conly.

Upon reading the Petition and Appeal of John Bath Gentleman; complaining of several Decretal Orders, a Report, and Confirmation thereof, by the High Court of Chancery in the Kingdom of Ireland, made the Eighteenth and Nineteenth Days of February 1717, the Seven and Twentieth of May, the First and Third of November, and Tenth of December, 1718, in a Cause there depending, wherein the Appellant was Plaintiff, and Robert and Ignatius Conly were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert and Ignatius Conly may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Ninth Day of March next; and that the Service of this Order on the Defendant's Six Clerk in the said Court be deemed good Service.

Bolton and Bridgea versus leffes: Bolton and Bridgen versus King, in Error.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon Two Writs of Error depending in this House; in one of which, Peter Bolton and Edward Bridgen are Plaintiffs, and Robert Jeffes Defendant; and in the other, the said Peter Bolton and Edward Bridgen are Plaintiffs, and Stephen King Defendant:"

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on the next Day after the First Day for Causes after the intended Adjournment.

Walker's Bill rejected.

Hodie 2a vice lccta est Billa, intituled, "An Act to enable Thomas Folliot Walker and Ann Walker alias Baughs his Wife, Henry Baughs, and Elizabeth Baughs, Minors, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs their respective Shares of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to them by the last Will of Thomas late Lord Folliot, deceased; and for other Purposes theren mentioned."

After Debate;

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Then the Question was put, "Whether the said Bill shall be rejected?"

It was Resolved in the Affirmative.

Ordered, That the said Bill be rejected.

Willoughby's Bill.

Ordered, That the Lords Committces to whom the Bill, intituled, "An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure," was committed, have hereby Leave to retire, and meet immediately in the Prince's Lodgings near the House of Peers; and adjourn as they please.

Lottery Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for applying certain Overplus Monies, and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future."

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

It was Resolved in the Affirmative.

Davison's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in John Porrett Gentleman and his Heirs Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorp Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it; and that the Lords have agreed to the Lottery Bill.

And Messages were severally sent to the House of Commons, by Mr. Orlebar and Mr. Meller:

To acquaint them, that the Lords have agreed to the First mentioned Bill, without any Amendment; and to carry down the other, and desire their Concurrence thereunto.

L. Fitzwalter's Privilege:

A Petition of Isaac Barrow and Nehemiah Hitch, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in fishing in that Part of Burnham River belonging to the Lord Fitzwalter, was presented to the House, and read; expressing their Sorrow for incurring the Displeasure of this House; and humbly begging Pardon of this House and the said Lord Fitzwalter; and praying to be discharged:

It is Ordered, That the Petitioners be now brought to the Bar, in order to their Discharge.

Barrow and Hitch discharged.

And being accordingly brought to the Bar, and, on their Knees, receiving a Reprimand from the Lord Chancellor for their said Offences, were discharged out of Custody (paying their Fees).

Willoughby's Bill.

The Earl of Abingdon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure," was referred: That they had considered the said Bill, and found the Allegations thereof to be true; and 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.

Oxon Roads, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, and the Road leading from Wheatley Bridge, through the City of Oxon, by Begbrooke, to New Woodstock, in the County of Oxon (except the Mill-way on each Side of the said City); and to disable all Commissioners or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the Toll for repairing such Highways or Roads."

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

It was Resolved in the Affirmative.

Message to H. C that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Meller:

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

N. Bath to enter into Recognizance for J. Bath.

The House being moved, "That Nicholas Bath Gentleman may be permitted to enter into Recognizance for John Bath Gentleman, on account of his Appeal depending in this House, to which Robert and Ignatius Conly are Respondents, he residing in Ireland:"

It is Ordered, That the said Nicholas Bath may enter into Recognizance for the said Appellant, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landav.
Epus. Norwic.
Epus. Roffen.
Epus. Glocestr.
Epus. Asaph.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Ds. Parker, Cancellarius.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Comes Greenwich, Senescallus.
Comes Pembroke.
Comes Lincoln.
Comes Dorset.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Stamford.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Warrington.
Comes Rochford.
Comes Poulet.
Comes Orkney.
Comes I'lay.
Comes Strafford.
Comes Carnarvon.
Comes Sussex.
Comes Cowper.
Comes Stanhope.
Comes Cadogan.
Viscount Hatton.
Viscount St. John.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Berkeley Str.
Ds. Lucas.
Ds. Lumley.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Coningesby.
Ds. Onslow.
Ds. Torrington.
Ds. Romney.

PRAYERS.

Master Carpenter's Report, concerning the Condition of the House, delivered.

The House being informed, "That the Master Carpenter of His Majesty's Works attended (according to Order):"

He was called in; and delivered, at the Bar, a Report in Writing.

And withdrew.

The said Report was brought to the Table; and read, by the Clerk, as follows:

To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

May it please your Lordships,

"The Third Instant I received your Lordships Order, for viewing and examining the Walls and Timbers of this House; ever since which Time I have been constantly employed, as it is my proper Business, in erecting a Place for your Lordships in Westminster Hall; which is One Reason I have not been able to make my Report: But the chief Reason is, in my Opinion, that no Man can give a right Judgement of those Walls, till the Hangings are taken down; and as for the Timbers, I cannot give a true State of them without taking off the Lead, which will render the House unsit for your Lordships to sit in. Now that the House is finished in Westm'r Hall, I shall very soon be able to obey your Lordships Orders.

All which is most humbly submitted, by

"Robert Barker."

Messages from H. C. with Bills; and to return Pulteney's Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

Also, a Message from the House of Commons, by Sir William Poole and others:

With a Bill, intituled, "An Act for the more effectual Preservation of the Game;" to which they desire the Concurrence of this House.

Likewise, a Message from the House of Commons, by Mr. Cholmley and others:

To return the Bill, intituled, "An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Also, a Message from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions;" to which they desire the Concurrence of this House.

Also, a Message from the House of Commons, by Mr. Farrer and others:

With a Bill, intituled, "An Act for continuing the Act made in the Eighth Year of the Reign of the late Queen Anne, to regulate the Price and Assize of Bread; and for continuing the Act made in the Twelfth Year of Her said late Majesty's Reign, for the better Encouragement of the making Sail Cloth in Great Britain;" to which they desire the Concurrence of this House.

Also, a Message from the House of Commons, by Mr. London and others:

With a Bill, intituled, "An Act to naturalize Peter Sejourne;" to which they desire the Concurrence of this House.

And, a Message from the House of Commons, by Sir William Lowther and others:

With a Bill, intituled, "An Act for naturalizing Lodowick Christian Sprogell;" to which they defire the Concurrence of this House.

Sir N. Tempest's Bill:

The House being moved, "That the Bill, intituled, An Act for Relief of Sir Nicholas Tempest Baroner, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wife, many Years before the Attainder of the said late Lord Widdrington, be now read the First Time:"

His Majesty's Consent to it:

The Earl Stanhope signified to the House, "That His Majesty, having been acquainted with what the said Sir Nicholas Tempcst desires by the Bill, is willing the same may be proceeded in; and, so far as He may be concerned, doth consent to the said Bill."

Bill read.

Then the said Bill was read the First Time.

Citherow's and Paul's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Catherine Paul, an Infant, to transfer the Trust therein mentioned, as if she were of the Age of One and Twenty Years," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Commitree had gone through the Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

Ordered, That the Bill, with the Amendment, be engrossed.

E. Westmorland's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of several Manors, Lands, Tenements, and Hereditaments, of the Right Honourable Thomas Earl of Westmorland, in the County of Kent; and, with the Monies arising by such Sale, to purchase other Lands, in or near the County of Northampton, to be settled to the same Uses."

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. Hiccocks and Mr. Holford:

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

Bolton and Bridgen versus Jeffes, in Error.

The House being moved, "That the Judges may attend the arguing the Errors assigned upon Two Writs of Error; in one of which, Peter Bolton and Edward Bridgen are Plaintiffs, and Robert Jeffes Defendant; and in the other, the said Peter Bolton and Edward Bridgen are Plaintiffs, and Stephen King Defendant:"

It is Ordered, That the Judges do attend the arguing the said Errors accordingly.

Willoughby's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure."

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. Hiccocks and Mr. Holford:

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

Tyrwhit's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting an Estate, late of Francis Phelips Esquire, in Barking, in the County of Essex, in Trustees, to be sold, for the Purposes therein mentioned," was committed: That they had considered of 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, with some Amendments."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Smith's Charity Bill.

The Earl of Clarendon likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for consirming an Agreement between the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward King of England the Sixth, of Christ's, Bridewell, and St. Thomas the Apostle, and the Governors of the Schools founded by Erasmus Smith Esquire," was committed: "That they had considered of 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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Barwell's Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Robert Barwell Esquire; and for purchasing other Lands, to be settled to the same Uses as the Estate to be sold is settled," was committed: "That they had considered of 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, with some Amendments."

Which were read Twice, and agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Sir W. Courtenay versus Langford.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir William Courtenay Baronet is Appellant, and William Langford Senior and William Langford Junior are Respondents:"

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

Colchester Channel, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester to Wivenhoe; and for making the said Act more effectual."

Muticy Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

Address for Establishment of Land Forces.

Ordered, That an humble Address be presented to His Majesty, "That His Majesty will be graciously pleased to cause the proper Officers to lay before this House the Establishment of the Land Forces now on Foot, in Great Britain and Ireland."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Holborne versus Babbington, in Error.

Upon reading the Petition of William Babbington, Defendant in a Writ of Error depending in this House, from the Exchequer Chamber in Ireland; to which James Holborne, Lessee of the Right Honourable John Lord Baron of Kingston in the said Kingdom is Plaintiff; setting forth, "That the Petitioner is advised, that the Record and Proceedings in Ireland are not removed by the said Writ of Error returnable before this House; for that the said Writ of Error sets forth, "That His present Majesty did cause the said Record and Proceedings to be removed, before His Chancellor and Treasurer in His Kingdom of Ireland, into the Exchequer Chamber in His said Kingdom;" whereas Her late Majesty, and not His present Majesty, did cause the said Record and Proceedings to be so removed;" and praying, "That the said Writ of Error may be quashed, by reason the same is defective; and that the Petitioner may be allowed his Costs, the Plaintiff's Solicitor having had due Notice hereof; or that such other Order may be made herein, as this House shall think fit:"

It is Ordered, That this House will hear One Counsel on each Side, as to the Objection mentioned in the said Petition, on Saturday next, at the Bar of this House in Westminster Hall.

Causes put off.

Ordered, That this House will hear the Cause wherein Katherine Stevenson and James Gillon Esquire are Appellants, and Gilbert, Mary, and Euphan Fife, Respondents, on the First Day for Causes after the next Meeting; and that the other Causes be removed, to come on in Course; and that the Causes appointed on Bye-days do stand in Course, as before, with respect to the other Causes.

Master Mason's, &c. Report, concerning the Condition of the House, delivered on Oath:

The House being informed, "That the Master Mason of His Majesty's Works attended (according to Order), with a Report of the Condition of the Walls and Timbers of this House:"

He was called in; and delivered the same in, upon Oath, at the Bar.

And withdrew.

Then the said Report was brought to the Table; and read, by the Clerk, as follows:

To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"May it please your Lordships,

"In Obedience to your Lordships Order, dated 2d February 1718, to the Master Mason and Master Carpenter directed; I, Benjamin Jackson, the said Master Mason hereunto subscribing, attended on and gave Notice to Mr. Barker, the said Master Carpenter, of the Contents of your Lordships said Order: And he not being willing to join with me, in such View as thereby is directed;

I, the said Benjamin Jackson, Master Mason of His Majesty's Works, have, in Pursuance of the said Order, taken to my Assistance such able and experienced Persons and Workmen as were necessary, to examine and survey the several Premises mentioned in your Lordships said Order: And, upon View, we do find,

"1. That the Walls of your Lordships House, from the Cellars to the Foot of the Roof, are firm and substantial, being near Five Foot thick at the Top; and, in our Judgement, capable of sustaining the Floor and Roof for many Years to come.

2. That, as to the Crack in the Wall over the Door, near the Gentleman Usher of the Black Rod's Seat, it appears to us to be no other than an upright Joint, against the Jamb of some Aperture of former Use, and to be no Way dangerous to the Fabrick; nor do we perceive any essential Defect in any Part of the Walls of your Lordships House. We cannot but apprehend, that the Shores set up against the West Wall of your Lordships House have rather done Injury than Service, by reason of the Largeness of the Holes made to receive the Ends of the Timbers, and the Soundness of the Wall cut away for that Purpose.

"3. That, as to the Floor of your Lordships House, the principal Timbers thereof do appear to us to be sound, substantial, and well supported in the original Manner of their framing, and in their present State.

"4. That, as to the Roof of your Lordships House, the Disposition of the Timbers at the Foot of the same, where they have been formerly defective by reason of the Drips of the Gutters, has been altered from the First Manner of Framing, in a Method which appears to us to be serviceable and substantial, and has been performed in a Workmanlike Manner: And we do not perceive that there has been any considerable Sinking or Settling of the Rafters since the same was repaired; but that the Contexture of the Timbers, upon which the Strength of the Roof chiefly depends, is very firm and entire.

"We beg Leave to observe to your Lordships, that, from the Nature of the Framing of the said Roof, in which every Pair of Rafters are Principals, the Props set up within your Lordships House, for the intended Security of the Roof, could be of little or no Service to that Purpose.

"All which is humbly submitted, by, &c.

Benj. Jackson.
Ja. Gibbs.
John James.
James Grove.
Tho. Rathbane.
Edwd. Tufnell."

After Debate;

Master Carpenter examined on Oath:

Mr. Robert Barker, the Master Carpenter of His Majesty's Works, was called in; and examined, upon Oath, at the Bar, touching the Condition of the House, and the Effect of the Props and Shores placed in and about the same; and why he did not join with the Master Mason in viewing the Walls and Timbers thereof, according to the Order of the Second Instant.

Then the Two Reports of the Officers of Works' formerly delivered, being read; he was further examined, in relation to his signing the same, and his Inducements thereto.

He was directed to withdraw.

Reports referred to a Committee.

And the Lords following were appointed a Committee, to inquire into the Matters contained in the before mentioned Reports; whose Lordships, having considered thereof, and heard such Persons concerning the same as they shall think fit, are to report their Opinion thereupon to the House; (videlicet,)

Ld. Chamberlain.
D. Richmond.
D. Bolton.
D. Bucks.
D. Roxburgh.
Ld. Steward.
E. Pembroke.
E. Dorset.
E. Westmorland.
E. Stamford.
E. Sunderland.
E. Clarendon.
E. Essex.
E. Cardigan.
E. Litchfield.
E. Yarmouth.
E. Nottingham.
E. Warrington.
E. Poulett.
E. Play.
E. Strafford.
E. Carnarvon.
E. Sussex.
E. Cowper.
E. Stanhope.
E. Cadogan.
Viscount Hatton.
Viscount St. John.
L. Bp. Norwich.
L. Bp. Rochester.
L. Bp. Glocester.
L. Bp. St. Asaph.
L. Bp. Lincoln.
L. Bp. Litch. & Cov.
L. Bp. Carlisle.
L. Bp. Peterborough.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Berkeley Str.
L. Lucas.
L. Lumley.
L. Guilford.
L. Weston.
L. Gower.
L. Ross.
L. Belhaven.
L. Boyle.
L. Hay.
L. Montjoy.
L. Mansel.
L. Trevor.
L. Masham.
L. Bathurst.
L. Bingley.
L. Coningesby.
L. Onslow.
L. Torrington.
L. Romney.

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

Officers of Works to attend the Committee:

Ordered, That the Officers of His Majesty's Works do attend the said Committee.

Master Mason and Assistants sworn.

Then the Assistants to the Master Mason, subscribing the before mentioned Report, were called in, and sworn, at the Bar, in order to give Evidence before the said Committee.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, decimum quartum diem instantis Februarii, hora undecima Aurora, in Aulam Westmonaster. Dominis sic decernentibus.