March 1719, 1-10

DIE Lunæ, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Messages from H. C. with a Bill; and to return Phelips' Bill;

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and the E. of Westmorland's Bill.

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

To return 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 Northampton, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

With a Bill, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Robert Weemes, for the Debt due from him to His Majesty, in relation to the Duties on Salt;" to which they desire the Concurrence of this House.

State of the Peerage of G. Britain:

The House being moved, "That the Order of the Day, for the House to be in a Committee, to take into Consideration the present State of the Peerage of Great Britain, might be read:"

Message from the King, that His Prerogative shall not prevent its being settled on a solid Foundation:

The Earl Stanhope acquainted the House, "That His Majesty had commanded him to deliver a Message to this House, under His Royal Sign Manual.

Which was read by the Lord Chancellor; and is as follows; (videlicet,)

"GEORGE R.

"His Majesty, being informed that the House of Peers have under Consideration the State of the Peerage of Great Britain, is graciously pleased to acquaint this House, That He has so much at Heart the settling the Peerage of the whole Kingdom upon such a Foundation as may secure the Freedom and Constitution of Parliament in all future Ages, that He is willing that His Prerogative stand not in the Way of so great and necessary a Work."

Address of Thanks:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for His most Gracious Message to this House."

Lords with White Staves to attend His Majesty.

Ordered, That the Lords with White Staves do humbly attend His Majesty, with the said Address.

His Majesty's Message referred to Committee.

Ordered, That His Majesty's Most Gracious Message to the House, this Day, be referred to the Committee of the whole House, appointed to take into Consideration the present State of the Peerage of Great Britain; and that the House be put into a Committee, upon the State of the said Peerage, To-morrow; and the Lords to be summoned.

D. Wharton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manors of Aske and Cotterton, and other Lands, in the County of York, Part of the Estate of Philip Duke of Wharton, in Trustees, to be sold or mortgaged, for the Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Tuesday the Seventeenth Day of this Instant March, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Injunction of the House on E. of Sunderland and E. of Orford.

The House being informed, "That, from some Words which passed between the Earl of Sunderland and the Earl of Orford, there is Reason to believe a Quarrel may ensue:"

The Lord Chancellor thereupon (by Order of the House) enjoined their Lordships, not to proceed any further in this Matter.

To which they severally declared their Submission.

Smith versus Phelipps, in Error.

Whereas To-morrow is appointed, for arguing the Errors assigned upon a Writ of Error, wherein Thomas Smith is Plaintiff, and Edward Phelipps Esquire Desendant:

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Saturday next, at Eleven a Clock.

Powell to enter into Recognizance for Ludlow et al.

The House being moved, "That James Powell Gentleman may be permitted to enter into Recognizance for Stephen Ludlow Esquire and others, on Account of their Appeal depending in this House, they residing in Ireland:"

It is Ordered, That the said James Powell may enter into Recognizance for the said Appellants, as desired.

Weemes's Composition, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Robert Weemes, for the Debt due from him to His Majesty, in relation to the Duties on Salt."

Sejourne's Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Peter Sejourne," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, with some Amendments."

Which were read Twice, and agreed to.

Cullum's Composition, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Jasper Cullum, for the Debts he stands engaged for to the Crown, on Account of Richard Lee, Thomas Corbin, Heneage Robinson, and John Fox, for Duties on Tobacco."

It was proposed, "That the said Bill be committed to a Committee of the whole House, To-morrow Sevennight."

And it being likewise proposed, "That the House be put into a Committee thereupon To-morrow Fortnight:"

The Question was put, "That the said Bill be committed to a Committee of the whole House, To-morrow Sevennight?"

It was Resolved in the Affirmative.

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday the Tenth Day of this Instant March.

List of Certificates from Commissioners, Army, delivered.

The House being informed, "That Mr. Moody attended, from the Commissioners appointed to take, examine, state, and determine, the Debts due to the Army:"

He was called in; and delivered, at the Bar, "A List of Certificates made out to the several late Paymasters of the Army, by the Commissioners appointed to take, examine, state, and determine, the Debts due to the Army; together with the Sums demanded upon each Head, certified for respectively."

And withdrew.

The said List was brought to the Table; and the Title thereof was read by the Clerk.

Bill for Amendment of Writs of Error, delivered by the Judges:

The Judges, in Pursuance of the Order of this House, of the 17th of February last, delivered in a Bill, prepared by them, intituled, "An Act for the Amendment of Writs of Error."

Bill read.

And the same was read a First Time.

Highways repairing, Bill.

Ordered, That the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for repairing and amending the Highways of this Kingdom," be received on Thursday next.

East India Trade, Bill.

Ordered, That the 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," be committed to a Committee of the whole House, on Thursday next.

Smuggling, and Frauds in the Customs, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act against clandestine Running of uncustomed Goods; and for the more effectual preventing of Frauds relating to the Customs."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday next; after the arguing the Errors assigned upon a Writ of Error between Smith and Phelipps, appointed for that Day.

Merchants Petition against it:

A Petition of several Merchants trading to the Plantations; and also of several Shipwrights and Ropemakers, in Behalf of themselves and others, was presented to the House, and read; praying, "That they may be heard, by themselves or Counsel, before the passing of the Bill, intituled, "An Act against clandestine Running of uncustomed Goods; and for the more effectual preventing of Frauds relating to the Customs."

Commissioners of Customs to attend.

It is Ordered, That the Petitioners be at Liberty to be heard, by themselves, before the Committee of the whole House to whom the said Bill stands committed, on Saturday next; and that the said Petition be referred to the said Committee; and that the Commissioners of His Majesty's Customs have Notice hereof; and that they, or some of them, do then attend.

Adjourn.

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

DIE Martis, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Sejourne et al. Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to naturalize Peter Sejourne, Samuel Dufresnay, and Peter Lucas."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Hiccocks and Mr. Fellows:

To return the said Bill, and desire their Concurrence to their Lordships Amendments made thereto.

Sprogell's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Lodowick Christian Sprogell."

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. Hiccocks and Mr. Fellows:

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

Colchester Channel Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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."

After some Time spent therein, the House was resumed.

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

State of Peerage considered.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into Consideration the present State of the Peerage of Great Britain.

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

And the Earl of Clarendon reported, "That the Committee had considered the Matters to them referred, and made some Progress therein; and desire Leave to fit again."

Ordered, That the House be put into a Committee, to take into further Consideration the present State of the Peerage of Great Britain, To-morrow; and the Lords to be summoned.

Causes put off.

Ordered, That the Hearing of the Cause wherein Sir Hewit Aucher Baronet is Appellant, and Dame Elizabeth Aucher Respondent, which is appointed for Tomorrow, be put off to Friday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Mercurii, 4^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Amendment of Writs of Error, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Amendment of Writs of Error."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that it be an Instruction to the said Committee, to receive a Clause, to prevent, for the future, the Stay or Reversal of any Judgement, after Verdict, for Default of Form or Substance in any Writ, Original or Judicial.

Bridlington Piers, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Time granted by Two Acts of Parliament, for Repairs of the Piers of Bridlington, alias Burlington; and for making the said Acts more effectual."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

State of Peerage considered.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the present State of the Peerage of Great Britain.

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

And the Earl of Clarendon reported, "That the Committee of the whole House had further considered the Matter to them referred; and were come to several Resolutions, which he was ready to report, when the House should please to receive the same."

Ordered, That the Report of the said Resolutions be received To-morrow; and the Lords to be summoned; and that the Judges do then attend.

Adjourn.

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

DIE Jovis, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Merchants Petition against East India Trade, Bill.

Upon reading the Petition of several Merchants and Owners of Ships in the Port of London, on Behalf of themselves and others; setting forth, "That, by a Clause in the Bill for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, Power is given to the Commissioners of the Customs, to seize and detain any Ship they shall believe to be bound to The East Indies, until Security be given that the Ship shall not sail to The East Indies, nor the Goods or Merchandize be carried thither; which will lay the lawful Trade of the Petitioners under insupportable Difficulties, render their Properties precarious, and divest them of their Right of selling their Ships and Merchandize to the best Buyers, either at Home or Abroad;" and praying to be heard, against the said Clause, before the said Bill pass into a Law:

It is Ordered, That the Petition be referred to the Committee of the whole House to whom the said Bill is committed; and that the Petitioners may be heard, by themselves, before the said Committee, according to the Prayer of the said Petition: And that Notice of this Petition be given to the East India Company; and that some of their Members may be heard, for the Clause complained of, at the same Time: And that the said Bill be committed to a Committee of the whole House, on Tuesday next.

Messages from H. C. with Bills.

A Message from the House of Commons, by Colonel Bladen and others:

With a Bill, intituled, "An Act for giving further Encouragement for importing Naval Stores;" to which they desire the Concurrence of this House.

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

Artificers to prevent the seducing of, Bill.

With a Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artisicers in the Manufactures of Great Britain into Foreign Parts; and to prevent Foreigners being instructed in the said Manufactures;" to which they desire the Concurrence of this House.

Inverness, Duty on Beer, Bill.

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

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Inverness, and Privileges thereof, for paying the Debts of the said Town; and for building a Church, and making a Harbour there;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were severally read a First Time.

Messages from H. C. to return Smith's Charity Bill; and Clitherow's and Paul's Bill.

A Message from the House of Commons, by the Lord Middleton and others:

To return the Bill, intituled, "An Act for confirming 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, Bridewell, and St. Thomas the Apostle; and the Governors of the Schools founded by Erasmus Smith Esquire;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

A Message from the House of Commons, by Sir Thomas Crosse and others:

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Highways, repairing, Bill.

The Earl of Clarendon (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom."

Which were read Twice; and, with Amendments to some of them, were agreed to by the House.

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

Bridlington Piers, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Time granted by Two Acts of Parliament, for Repairs of the Piers of Bridlington, alias Burlington; and for making the said Acts more effectual."

After some Time spent therein, the House was resumed.

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

State of Peerage, Resolutions considered.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House, appointed to consider of the present State of the Peerage of Great Britain, the several Resolutions following; (videlicet,)

"1. That it is the Opinion of this Committee, That, in Lieu of the Sixteen Elective Peers to sit in this House on the Part of Scotland, Twenty-five Peers, to be declared by His Majesty, shall have Hereditary Seats in Parliament, and be the Peers on the Part of the Peerage of Scotland."

"2. That such Twenty-five Peers shall be declared before the next Session of Parliament."

"3. That Nine of the said Twenty-five may be appointed by His Majesty, to have immediate Right to such Hereditary Seat in Parliament; subject to the Qualifications requisite by the Laws now in being."

"4. That none of the remaining Sixteen to be declared by His Majesty, or their Heirs, shall become sitting Peers of the Parliament of Great Britain, until after the Determination of this present Parliament, except such as are of the Number of the Sixteen Peers now sitting in Parliament on the Part of the Peerage of Scotland, and their Heirs."

"5. That as any of the Twenty-five of the Peers of Scotland, to be declared by His Majesty, and their Heirs, shall sail, some One or other of the Peers of Scotland shall be appointed by His Majesty, His Heirs and Successors, to succeed to every such Peer so failing; and every Peer so appointed shall have Hereditary Seat in Parliament, and shall be One of the Peers on the Part of the Peerage of Scotland in the Parliament of Great Britain; and so toties quoties, as often as any such Failure shall happen."

"6. That the Hereditary Right of sitting in Parliament, which shall accrue to the Twenty-five Peers of Scotland to be declared by His Majesty, shall be so limited, as not to descend to Females."

Amended:

"7. That the Number of Peers of Great Britain, on the Part of England, shall not be enlarged, without precedent Right, beyond Six above what they are at present: But as any of the said present Peers, or such Six new Peers, in case they be created, shall fail, their Numbers may be supplied by new Creations of Commoners of Great Britain ["born within the Kingdoms of Great Britain or Ireland, or any of the Dominions thereunto belonging, or born of British Parents"]; and so toties quoties, as often as such Failure shall happen."

"8. That no Person be, at any Time, created by Writ, nor any Peerage granted by Patent, for any larger Estate than for the Grantee and the Heirs Male of his Body."

Amended:

"9. That there be not any Restraint upon the Crown from creating any of the Princes of the Blood Peers of Great Britain, with Right to sit in Parliament; ["nor from promoting any Peer having Seat in Parliament to any higher Rank or Degree of Dignity."]

"10. That whenever those Lords now sitting in Parliament, whose Sons have been called by Writ, shall die; then it shall be lawful for His Majesty, His Heirs and Successors, to create a Peer, to supply the Number so lessened."

"11. That every Creation of a Peer hereafter to be made, contrary to these Resolutions, shall be null and void, to all Intents and Purposes."

The said Resolutions were read by the Clerk, and afterwards Paragraph by Parrgraph.

And, with the Amendments to the Seventh and Ninth of the said Resolutions, were agreed to by the House.

Judges to prepare a Bill upon them.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill, pursuant to the beforementioned Resolutions.

Bermingham versus L. Shelburne.

Ordered, That the Debate upon the Petition of Edward Bermingham and his Wife, for putting off the Hearing of their Appeal, to which Henry Lord Shelburne is Respondent, be resumed on Tuesday next.

Weemes's Composition, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Robert Weemes, for the Debt due from him to His Majesty, in relation to the Duties on Salt."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.

Fitz-Simmons to enter into Recognizance for Burgh.

The House being moved, "That Joseph Fitz-Simmons Gentleman may be permitted to enter into Recognizance for Richard Burgh Clerk, on Account of his Appeal depending in this House, to which Gamaliel Fitz-Gerald is Respondent; he residing in Ireland:"

It is Ordered, That the said Joseph Fitz-Simmons may enter into Recognizance for the said Appellant, as desired.

Adjourn.

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

DIE Veneris, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Hewit Aucher versus Dame Eliz. Aucher:

After hearing Counsel, upon the Petition and Appeal of Sir Hewit Aucher Baronet; complaining of a Decree of the Court of Chancery, of the Two and Twentieth of June 1715, in certain Causes, wherein Dame Elizabeth Aucher, the Widow and Relict of Sir Anthony Aucher Knight and Baronet deceased, was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed:" As also upon the Answer of the said Dame Elizabeth Aucher put in thereunto; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed, with Costs.

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 therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Sixty Pounds, for her Costs in respect of the said Appeal.

Smith versus Phelipps, in Error:

Upon reading the Petition of Thomas Smith, Plaintiff in a Writ of Error wherein Edward Phelipps Esquire is Defendant; praying, "In regard his Counsel is gone the Circuit, that the arguing the Errors may be put off till after the Causes already appointed, or to such other Time as to this House shall seem meet:"

Pet. rejected.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be rejected.

Adjourn.

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

DIE Sabbati, 7^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Proccedings in Sir Will. Courtenay's Appeal against Langford delivered.

The House being informed, "That Richard Copinger, the Person ordered to attend on Wednesday last, was at the Door, in order to prove Copies of the Records and Proceedings to be made Use of on hearing the Appeal of Sir William Courtenay Baroner, depending in this House to which William Langford Senior and William Langford Junior are Respondents:"

He was thereupon called in; and delivered, at the Bar, the Copies of the said Records and Proceedings; which he attested, upon Oath, to be true Copies; he having examined them with the Originals in the Court of Chancery in Ireland.

And withdrew.

Oxwick versus Mason:

Whereas Wednesday the Five and Twentieth Instant is appointed, for hearing the Cause wherein Robert Oxwick Gentleman and Elizabeth Simpson are Appellants, and William Mason Clerk Respondent:

And the House being informed, "That the Agents for the said Parties attended:"

They were called in; and, on the Behalf of their Clients, desired, "That the Hearing the said Appeal may be adjourned till the next Sessions of Parliament."

And withdrew.

Hearing put off to next Session.

Ordered, That the Hearing of the said Appeal be adjourned over till the next Sessions of Parliament, as desired.

Smith versus Phelipps, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Seventh Day of January last, wherein Thomas Smith Gentleman is Plaintiff, and Edward Phelipps Esquire Defendant, from a Judgement given in the Court of King's Bench, which, upon a Writ of Error brought in the Exchequer Chamber, was there affirmed; and due Consideration had of what was offered by Counsel on both Sides in this Case:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, and the Affirmance thereof in the Exchequer Chamber, be, and the same are hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.

Then it was proposed, "That the Plaintiff be ordered to pay to the Defendant the Sum of Five Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement."

And it being also proposed, "That he pay Thirty Pounds Costs:"

And a Question being stated on the First Proposition;

And Debate thereupon:

The Question was put, "Whether the Word ["Five"] shall stand Part of the Question?"

It was Resolved in the Affirmative.

Ordered, That the Plaintiff do pay, or cause to be paid, to the Defendant, the Sum of Five Pounds, for his Costs, by reason of the Delay of the Execution of the said Judgement.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

"Sed quia Cur. Parliamenti de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam præsato Thomæ Smith quam prædicto Ed'r'o Phelipps, coram eadem Cur. Parliamenti, usque Diem Sabbati, Septimum Diem Martii prox. sequen. apud Westm. in Com. Midd'x, de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. inde nondum &c.; ad quem Diem, coram eadem Cur. Parlia menti apud Westm. præd. ven. Partes prædict. in propriis Personis suis; super quo, visis et per Cur. Parliamenti prædict. plenius intellect. omnibus et singulis Præmiss. diligenterque examinat. et inspect. tam Record et Process. prædict. ac (fn. 1) Judic. superinde reddit. quam prædictis Causis et Materiis per præd. Thomam Smith superius pro Error. assignat. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. quod nec in Record. et Process. præd. nec in Redditione Judic. prædict. nec in Affirmatione ejusdem Judicii, in ullo est Errat. ac quod Record. in nullo vitiosum aut defectivum existit: Ideo adtunc et ibidem per eandem Cur. Parliamenti cons. est, quod Judicium prædict. in omnibus affirmetur, ac in omni suo Robcre stet et Effectu, dictis Causis et Materiis per præfat. Thomam Smith pro Error. assignat. et allegat. in aliquo non obstan. Et ulterius, per eandem Cur. Parliamenti cons. est, quod prædict. Ed'r'us Phelipps recuperet versus præfat. Thomam Smith Quinque Libras, eidem Ed'r'o ex Assensu suo per Cur. Parliamenti præd. juxta Formam Statut. inde edit. proprius adjudicat. pro Damn. Mis. et Custag. suis quæ habuit Occasione Dilation. Execution. Judicii præd. Prætextu Prosecutionis dicti Brevis de Error.; et quod præd. Ed'r'us habeat inde Executionem, &c. Super quo, Record. præd. [ (fn. 2) necnon Process. præd.] in eadem Cur. Parliamenti in Præmiss. habita per Cur. Parliamenti prædict. Cur. dicti Domini Regis coram ipso Rege ubicunque &c. remittuntur, ita quod prædict. Ed'r'us Phelipps Executionem superinde in eadem Cur. habeat, &c."

Smuggling, and Flauds in the Customs, to prevent; Commissioners of Customs to attend:

Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act against clandestine Running of uncustomed Goods; and for the more effectual preventing of Frauds relating to the Customs:"

It is Ordered, That the said Bill be committed to a Committee of the whole House on Thursday next; and that the Merchants who petitioned against some Clauses therein may be heard, by themselves, against the same; and that the Commissioners of His Majesty's Customs, or some of them, do then attend.

Commissioners of Trade to attend.

It is likewise Ordered, That the Commissioners of Trade and Plantations do lay before this House an Account of what has passed before them, in relation to the Clause contained in the beforementioned Bill, allowing a Premium for importing Pitch and Tar from The West Indies; and that such of the said Commissioners as are not Members of either House of Parliament do then attend.

Assize of Bread, and Sad Cloth, Bill.

Whereas Thursday the Six and Twentieth of February last was appointed, for the House to be put into a Committee upon the 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:"

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday the Fourteenth Day of this Instant March.

Adioura.

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

DIE Lunæ, 9^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Artificers, to prevent the seducing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures."

Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday next.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for making the Town and Township of Sunderland a distinct Parish from the Parish of Bishop Wearmouth, in the County of Durham;" to which they desire the Concurrence of this House.

Scot versus Scot:

After hearing Counsel, upon the Petition and Appeal of William Scot of Raeburn, an Infant, by his Guardians; complaining of several Interlocutory Sentences and Decrees of the Lords of Session in Scotland, of the Eighteenth of June 1712, the Seventeenth of February and Three and Twentieth of June 1713, made on the Behalf of Walter Scot of Haychester; and praying, "That the said Interlocutors may be reversed:" As also upon the Answer of the said Walter Scot, an Infant, by Walter Scot of Whitfield, Walter Scot of Wool, and William Scot of Thinleston, Esquires, his Guardians, put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side thereupon:

Interlocutors 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 said several Interlocutors therein complained of be, and are hereby, affirmed.

Duties on Coals, &c. Bill.

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

With a Bill, intituled, "An Act for continuing certain Duties upon Coals and Culm; and for establishing certain Funds, to raise Money, as well to proceed in the building of new Churches, as also to complete the Supply granted to His Majesty; and to reserve the Overplus Monies of the said Duties for the Disposition of Parliament; and for more effectual suppressing private Lotteries;" to which they desire the Concurrence of this House.

The said Bill was read a First and Second Time.

And Ordered, To be committed to a Committee of the whole House, To-morrow.

Adjourn.

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

DIE Martis, 10^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Smith's Charity Bill:

The House took into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for confirming 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, Bridewell, and St. Thomas the Apostle, and the Governors of the Schools founded by Erasmus Smith Esquire."

Which were read Thrice, and agreed to.

Message to H. C. that the Lords agree to Amendments to it.

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

Messages from thence, to return Sejourne & al. Nat. Bill;

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

To return the Bill, intituled, "An Act to naturalize Peter Sejourne, Samuel Dusresnay, and Peter Lucas;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Barwell's Bill.

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Duties on Coals, &c. Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing certain Duties upon Coals and Culm; and for establishing certain Funds, to raise Money, as well to proceed in the building of new Churches, as also to compleat the Supply granted to His Majesty; and to reserve the Overplus Monies of the said Duties for the Disposition of Parliament; and for more effectual suppressing private Lotteries."

After some Time spent therein, the House was resumed.

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

Then the said Bill was read the Third Time.

And the Question being put, "Whether the said 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. Meller and Mr. Dormer:

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

Message from thence, to return Long's Bill.

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

To return the Bill, intituled, "An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts; and for applying the Residue according to the Directions of his Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Burlington Piers, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Time granted by Two Acts of Parliament, for Repairs of the Piers of Bridlington, alias Burlington; and for making the said Acts more effectual."

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

It was Resolved in the Affirmative.

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

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

Bermingham versus L. Shelburne.

Ordered, That the Debate, upon the Petition of Edward Bermingham and his Wife, for putting off the Hearing of their Appeal, to which Henry Lord Shelburne is Respondent, be resumed on Thursday next.

Amendment of Writs of Error, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Amendment of Writs of Error."

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 said Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That the House be, on Thursday next, put into a Committee again, to consider further of the said Bill.

The Orders of the Day being intimated to the House:

Cullum's Composition Bill.

It is Ordered, That the Bill, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Jasper Cullum, for the Debts he stands engaged for to the Crown, on Account of Richard Lee, Thomas Corbin, Heneage Robinson, and John Fox, for Duties on Tobacco:"

Weemes's Composition Bill.

And, That the Bill, intituled, "An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Robert Weemes, for the Debt due from him to His Majesty, in relation to the Duties on Salt:"

Be severally committed to a Committee of the whole House, on Thursday next.

East India Trade, Bill.

Whereas this Day was appointed, for the House to be in a Committee on the 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;" and for hearing the Merchants upon their Petition, and some of the East India Company, for and against a Clause therein contained:

It is Ordered, That the said Bill be committed to a Committee of the whole House, on Saturday next; and that the Merchants, and some of the Members of the East India Company, may be then heard, for and against the said Clause.

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 (the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Money Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follows; (videlicet,)

Bills passed.

"1. An Act for continuing certain Duties upon Coals and Culm; and for establishing certain Funds, to raise Money, as well to proceed in the building of new Churches, as also to compleat the Supply granted to His Majesty; and to reserve the Overplus Monies of the said Duties for the Disposition of Parliament; and for more effectual suppressing private Lotteries."

To which the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for enlarging the Time granted by Two Acts of Parliament, for Repairs of the Piers of Bridlington, alias Burlington; and for making the said Acts more effectual."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"3. 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."

"4. An Act for vesting the Estate late of Francis Phelips Esquire, in Barking, in the County of Essex, in Trustees, to be sold, for the Purposes therein mentioned."

"5. An Act to enable Thomas Willoughby Esquire, and the Persons in Remainder after him, to make a Jointure."

"6. An Act to enable Katherine Paul, an Infant, to transfer the Trust therein mentioned, as if she were of the Age of One and Twenty Years."

"7. An Act for confirming 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, Bridewell, and St. Thomas the Apostle, and the Governors of the Schools founded by Erasmus Smith Esquire."

"8. 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."

"9. An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts; and for applying the Residue according to the Directions of his Will."

"10. An Act to naturalize Peter Sejourne, Samuel Dufresnay, and Peter Lucas."

"11. An Act for naturalizing Lodowick Christian Sprogell."

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

"Soit fait comme il est desiré."

Then the Lord Chancellor received from His Majesty a Paper, on his Knee.

And being returned to his former Place;

His Majesty was pleased to speak as follows:

"My Lords, and Gentlemen,

"I have given Orders to my Lord Chancellor, to declare to you, in My Name and Words, a Matter I think of the greatest Importance."

Then the Lord Chancellor spake as follows:

"My Lords, and Gentlemen,

"I have received His Majesty's Commands from the Throne, to deliver to you, in His Majesty's Name, and in His own Words, the Reasons of His coming this Day to Parliament, as follows:

"My Lords, and Gentlemen,

His Majesty's Speech.

Having received, from our good Brother and Ally the Most Christian King, repeated Advices, that an Invasion will suddenly be attempted from Spain, against My Dominions, in Favour of the Pretender to My Crown; I have judged it convenient to make you acquainted with it; and shall, on My Part, take all the necessary Measures to deseat the Designs of our Enemies.

Gentlemen of the House of Commons,

This Attempt, if it proceed, must engage Me in some further Expences, by Sea and Land, than Provision has been made for: I must therefore recommend it to you, that I be enabled, in such Manner as you shall judge convenient, to make the necessary Dispositions for our Security. And you may depend upon it that I shall, upon this and all Occasions, have as much Regard to the Ease of My People, as shall be consistent with their Safety.

"My Lords, and Gentlemen,

"The many Proofs I have had of the Affection and Loyalty of this Parliament, leave Me no Room to doubt of your steady and vigorous Perseverance, in Support of My Person and Government, upon this Occasion."

Which being ended, His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

And the Lord Chancellor having reported His Majesty's Speech:

Address on His Majesty's Speech:

Ordered, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for communicating to His Parliament, "That He has received Advices, from the Most Christian King, of an intended Invasion of these Kingdoms from Spain, in Favour of the Pretender:" And to assure His Majesty, That this House will stand by Him, with the utmost Zeal, in the Support and Defence of His Sacred Person and Government, in Opposition to all His Enemies."

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

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

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

After some Time, the House was resumed.

Address reported.

And the Earl of Carlisle reported from the said Committee, an Address drawn by them; as follows:

"Most Gracious Sovereign,

We, your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your Most Gracious Speech from the Throne; in which Your Majesty has been pleased to communicate to Your Parliament, "That You have received repeated Advices, from the Most Christian King, of an intended Invasion from Spain, of Your Majesty's Dominions, in Favour of the Pretender to Your Crown." And we do likewise beg Leave to assure Your Majesty, That this House will, upon this and all other Occasions, stand by and assist Your Majesty, with the utmost Zeal, in Support and Defence of Your Sacred Person and Government, in Opposition to all Your Enemies."

Which Address, being read Twice, was agreed to.

Ordered, That this be the Address to be presented to His Majesty.

Ordered, That the said Address be presented to His Majesty by the whole House.

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

Morison versus Nisbet, &c.

Whereas To-morrow is appointed, for hearing the Cause wherein William Morison Esquire is Appellant, and William Nisbett and others are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next, at Eleven a Clock; and that the other Causes be removed in Course.

Adjourn.

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

Footnotes