January 1722, 21-30

DIE Lunæ, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wool Key Wharf, to vest in His Majesty, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest the Ground, Wharf, and Key, called Wooll Key, in the Parish of All Saints, Barking, in the City of London, with the Buildings and Warehouses thereupon, in Trustees, for His Majesty, His Heirs and Successors for ever, subject to an Agreement made on His Majesty's Behalf, with the Wardens and Assistants of the Free School in Sevenoake, in the County of Kent."

Ordered, That the said Bill be read a Second Time on Thursday the First Day of February next.

Sir Wm. Davie's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Reversion, Ereehold, and Inheritance, of Part of the Estate late of Sir William Davie Baronet deceased (expectant on a Term of Five Hundred Years), to be sold, for Payment of his Daughters Portions and Legacies."

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 Tuesday the Sixth Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir John Osborne to enter into a Recognizance for Dr. Coote & al.

The House being moved, "That Sir John Osborne Baronet may be permitted to enter into a Recognizance for Doctor Chidley Coote and James Godsell, on Account of their Appeal depending in this House, to which John Mamon, Sarah his Wife, and others, are Respondents; the Appellants residing in Ireland:"

It is Ordered, That the said Sir John Osborne may enter into a Recognizance for the said Appellants, as desired.

Wallace's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond."

Papers relating to the Disposal of Spanish Ships considered.

The House (according to Order) proceeded to take into Consideration the Papers laid before this House (by His Majesty's Command) giving an Account how the Ships and Vessels lately taken from Spain, in The Mediterranean, were disposed of; and also the Copies of the Letters and Orders sent or given relating to the Disposal of the said Ships and Vessels.

And the said Papers being severally read by the Clerk:

A Motion was made, "That, to the End the Consequences of the late Victory over the Spanish Fleet near Sicily may the clearer appear to His Majesty, an humble Representation be made to His Majesty, That it appears to this House, that the Value of all the Ships and Vessels, taken in that Action from Spain is to be paid by this Kingdom, either to the Captors or to the King of Spain; and that the Value of Four of the greatest Ships, which the Emperor had agreed for, but not received nor paid for, and are rotted, is to be paid both to the Captors and to the King of Spain."

And a Question being stated thereupon:

It was proposed, "To leave out these Words; (videlicet,) ["and that the Value of Four of the greatest Ships, which the Emperor had agreed for, but not received nor paid for, and are rotted, is to be paid both to the Captors and to the King of Spain."]

After Debate;

The Question was put, "Whether these Words, ["and that the Value of Four of the greatest Ships, which the Emperor had agreed for, but not received nor paid for, and are rotted, is to be paid both to the Captors and to the King of Spain,"] shall stand Part of the Question?"

It was Resolved in the Affirmative.

Then the main Question was put, "That, to the End the Consequences of the late Victory over the Spanish Fleet near Sicily may the clearer appear to His Majesty, an humble Representation be made to His Majesty, That it appears to this House, that the Value of all the Ships and Vessels taken in that Action from Spain is to be paid by this Kingdom, either to the Captors or to the King of Spain; and that the Value of Four of the greatest Ships, which the Emperor had agreed for, but not received nor paid for, and are rotted, is to be paid both to the Captors and to the King of Spain?"

It was Resolved in the Negative.

E. Curll to attend, about publishing D. of Bucks' Works, &c.

Complaint being made to the House, of so much of an Advertisement, inserted in the News Paper, intituled, "The Daily Journal, Monday, January 22, 1721–2," as gives Notice, "That the Works of the late Right Honourable John Sheffield Duke of Buckinghamshire, in Prose and Verse, with his Life (compleated from a Plan drawn up by his Grace) by Mr. Theobald, and a true Copy of his last Will and Testament, will speedily be published, by E. Curll, over-against Catherine Street, in The Strand:"

It is Ordered, That the said E. Curll do attend this House To-morrow.

E. of Rothes' Complaint of a Breach of Privilege, in being summoned to attend the Court of Session, referred to Committee of Privileges.

Complaint being made to the House of a Breach of Privilege, committed by James Clerland Younger Messenger, in summoning, requiring, and commanding, John Earl of Rothes, Provost or Mayor of the Town of Coupar in Fife, the Twenty-second of March last, to appear before the Court of Session at Edinburgh, at the Suit of Patrick Crombie, Walter Christieson Merchants, late Magistrates of the said Town of Coupar, William Sibbald Writer, James Dott Dyer, Thomas Davidson Maltman, David Smith Smith, John Anderson Wright, of Coupar aforesaid; and also by Patrick Black Messenger, in summoning, requiring, and commanding, the said Earl, the Fourth of July last, to appear before the said Court, as Commissioners for valuing Tithes, at the Suit of the said Patrick Crombie, Walter Christieson, and William Sibbald, together with Thomas Greig Maltman, Andrew Rutherford late Bailey and Maltman, James Anderson Walker, John Duncan Weaver, David Melvill Weaver, and James Smith Smith, of Coupar aforesaid; which said Summonses were alledged to be executed, and Suits commenced and proceeded in, within the Time of Privilege of Parliament, in Breach of the Privilege of this House:

It is Ordered, That the Matter of the said Complaint be, and is hereby, referred to the Consideration of the Lords Committees for Privileges.

Adjourn.

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

DIE Martis, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

English Manufactures, to encourage, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making more effectual the Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

Messages from H. C. with a Bill, and to return Stemman's Nat. Bill.

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

With a Bill, intituled, "An Act giving further Encouragement for the Importation of Naval Stores, and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for naturalizing Lucas Steinman;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

E. Curll examined, about his Advertisement for publishing the late D. of Bucks' Works, &c.

The House being informed, "That E. Curll attended (according to Order):"

He was called in.

And so much of an Advertisement inserted in the News Paper, intituled, "The Daily Journal, Monday, January 22d, 1721–2," as gave Notice, That the Works of the late Right Honourable John Sheffield Duke of Buckinghamshire, in Prose and Verse, with his Life (compleated from a Plan drawn by his Grace) by Mr. Theobald, and a true Copy of his last Will and Testament, will speedily be published by the said Curll," being shewed to him; he owned, "That he caused the same to be printed; that he had not the Consent of the Executors or Trustees of the said late Duke, for publishing his said Life, Works, or Will."

And being further examined in relation to the printing the said Advertisement; he was directed to withdraw.

And being accordingly withdrawn.

Motion, that it is a Breach of Privilege to print the Works, &c. of any Lord, after his Death, without Leave:

It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That if, after the Death of any Lord of this House, any Person presume to publish in Print his Works, Life, or last Will, without Consent of his Heirs, Executors, Administrators, or Trustees, the same is a Breach of the Privilege of this House.

And it being moved, "That the same be entered upon the Roll of Standing Orders of this House:"

It is Ordered, That, on Friday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Curll reprimanded, and forbid to publish the D. of Bucks' Works, &c.

Then it was agreed by the House, "That the said Curll should be again called in, and reprimanded by the Lord Chancellor, for causing the said Advertisement to be printed; and forbidden to publish the Book so advertised."

And the said Curll being again called in; and, on his Knees, reprimanded by the Lord Chancellor accordingly; and forbidden to publish the said Book:

He was directed to withdraw.

And being withdrawn:

Advertisement of Six Books just published by Curll, to be considered.

The Lords following were appointed a Committtee, to consider of an Advertisement in the same News (fn. 1) Papers, intituled, "The Daily Journal, Monday, January 22, 1721–2," of Six Books, just published, all printed for E. Curll, over-against Catherine Street, in The Strand; and to report to the House:

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.

Northamptonshire and Leicester Highways, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An. Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester."

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 said Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the Third Time on Saturday next.

Allardes versus Smart & al.

A Petition of John Lewellin Gentleman, Agent for John Allardes, was presented to the House, and read; setting forth, "That the said Allardes (who is a Merchant, or Factor, at Campvere in Zeland) exhibited his Appeal against certain Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, so long ago as the Sixth of November last; to which the Respondents did not put in their Answer till the Ninth Instant, and then immediately applied for a Day of Hearing; and the same was appointed to be heard as Friday next: That the Petitioner thereupon wrote to the said Appellant, giving him Notice of the Appointment of the said Hearing; and since understands, his Client is coming with all Expedition to attend the said Hearing himself; but, he not being yet arrived, the Petitioner is apprehensive he will not be here by the said Time;" and praying, "That the said Hearing may be put off for such short Time as to their Lordships shall seem meet."

And thereupon both the said Parties were called in.

And the Respondent's Agent consenting to the putting off the said Hearing, as desired:

And being withdrawn:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First vacant Day for Causes after those already appointed.

Navy Debt:

Whereas Thursday next is appointed, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt:

Lords summoned.

It is Ordered, That the Lords be summoned, with Notice of the Occasion.

Adjourn.

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

DIE Jovis, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Glastonbury Commons, to enclose, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing Glastonbury Commons, in the County of Somerset," was committed: "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Bridport Haven and Piers, to re-build, Bill:

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act for restoring and re-building the Haven and Piers of Bridport, in the County of Dorset, and for making a Sluice there," was committed: "That they had gone through the said 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 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 Lovibond and Mr. Bennet:

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

Messages from thence, with a Bill; and to return L. Harcourt's Bill.

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

To return the Bill, intituled, "An Act to vest Two Fourth Parts of a Fee-farm Rent of Eighty-two Pounds, Eight Shillings, and Two Pence, issuing out of the Manor of Kingswood, in the County of Wilts (of which Two Fourth Parts the Lord Viscount Harcourt is seised in Fee), in Trustees, to the like Uses as a Messuage and Farm called Johnson's Farm, in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, were devised by Dame Elizabeth Harcourt Widow, deceased; and, in Lieu thereof, for vesting the said Premises, called Johnson's Farm, in the said Lord Viscount Harcourt and his Heirs;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Exchange at Bristol, to rebuild, Bill.

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

With a Bill, intituled, "An Act to enable the Mayor, Burgesses, and Commonalty, of the City of Bristol, to build an Exchange there, for the Conveniency of the Merchants and Traders of that City;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

His Majesty's Consent signified to Mr. Wallace's Bill:

The Duke of Roxburgh (by His Majesty's Command) signified to the House, "That His Majesty had been informed of the Contents of the Bill to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond; and had no Objection to the passing thereof."

Bill read.

Then, Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond."

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 Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Causes of contracting Navy Debt considered:

The Order of the Day, for the House to be in a Committee, to take into further Consideration the Causes of contracting so large a Navy Debt; and the Instruction to the said Committee, "That they do, in the First Place, consider of the Occasion of that Part of the said Debt which arises from having employed more Men in the Sea Service in any Year than were provided for by Parliament for such Year, and from the not paying off all the Seamen at Winter," being called for:

A Motion was made, "That authentic Copies of the several Treaties, Instructions, and Orders, relating to the British Squadrons being sent into The Baltick, for several Years last past, be laid before this House; that the true Occasion of that Part of the Navy Debt which the Committee is instructed to consider in the First Place may the better appear, as also that the Act of Settlement has not been infringed by those several Northern Expeditions."

And a Question being stated thereupon:

After Debate;

Motion for Instructions, &c. relating to the British Squadrons, sent into the Baltic, for several Years past:

The Question was put, "That authentic Copies of the several Treaties, Instructions, and Orders, relating to the British Squadrons being sent into The Baltick, for several Years last past, be laid before this House; that the true Occasion of that Part of the Navy Debt which the Committee is instructed to consider in the First Place may the better appear, as also that the Act of Settlement has not been infringed by those several Northern Expeditions?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"1st, Because, it being now admitted by the House, in the Instruction given to the Committee, that the Navy Debt was increased by employing more Men in the Sea Service Yearly than were provided for by Parliament, and by not paying them off in the Winter, the Intention of the House in that Instruction must, in our Opinion, manifestly be, to direct the Committee to inquire into the true Occasion and Reasonableness of those Services by which the Navy Debt was increased: And that End could not, we think, be any Ways attained, without a Sight of those Treaties, Instructions, and Orders, upon which those Services were founded; since the considering the Occasion of an extraordinary acknowledged Expence must, we conceive, imply an Inquiry into the true Causes for which such an Expence was made. We did therefore think it necessary, to desire Copies of the Treaties, Instructions, and Orders, relating to the several Baltick Expeditions; because without them we could not possibly learn the true Reasons of those Expeditions. And it seemed to us incongruous, that the House should direct an Inquiry, and not contribute to it by directing also those Materials to be laid before the Committee, which alone could render such an Inquiry effectual.

2dly, Because the Want of such authentic Papers and Instruments could no Ways, we think, be supplied by any verbal Representations that might be made by Lords in the Ministry, as Facts occurred to their Memory in the Debate; this being no sufficient Foundation for any Parliamentary Inquiry, much less for such a one as tends to approve, excuse, or blame, the Measures of those in Power; since we cannot think it suitable, either to the Rules of Reason, or the Dignity of Parliament, to proceed to Resolutions relating to the Conduct of Ministers, upon Facts stated by the Ministers themselves.

3dly, Because Motions for such Papers and Instruments have been frequently made and complied with; nor hath any such Motion ever (as far as we can learn) till of late been refused. The only Paper included in the general Motion, that we thought any Ways doubtful whether we should obtain, was the Lord Carteret's Instructions, which was moved for before in this Session without Success; however, we had Hopes of prevailing even for a Sight of that Paper, when it became necessary, as we apprehend, to qualify the Committee of the whole House to do the Work appointed by the House.

4thly, Because the great Increase of the Navy Debt arose from the frequent sending of strong Squadrons to The Baltick, and continuing them there at Seasons of the Year when the British Fleet has seldom been known to be employed so far from Home, and in so rugged a Climate; and therefore we thought it reasonable to expect the fullest Satisfaction in our Inquiries into the Grounds of Expeditions, which had been carried on in so unusual, expensive, and hazardous a Manner, which, the more extraordinary they were, the more they needed in every respect to be cleared and justified, that the Misapprehensions prevailing without Doors, in relation to those Northern Transactions, might be rectified, and such Precedents might not remain without the Reasons on which they were founded; whereas we are now apprehensive that any Resolutions on this Head may lose much of their Weight and Influence, should they be known to have been framed upon Facts barely asserted by Ministers, without Evidence of any Sort to prove the Truth of those Facts.

"5thly, Because One great View we had in our Motion for those Papers was, to satisfy ourselves and others, that the Act of Settlement had been no Ways infringed by those Northern Expeditions; a Point of the utmost Consequence to the present Establishment, and on which therefore all our Care and Circumspection ought to be employed. It is the Birthright of the Peerage, as to concur in the enacting all Laws, so to inquire into the Observation of them; and the more momentous the Law is, the more it becomes us to consider how far it hath, or hath not, been violated: And One great Inducement to our Inquiry into the Observation of that Law was, the Jealousy entertained (as we conceive) on that Head, by many of His Majesty's good Subjects observing, that the War in the North ended at last in a Peace which stripped Sweden of all its best Provinces, and confirmed the Acquisition of them to the several Northern Powers concerned, without any particular Advantage, that we hear of, stipulated in Behalf of Great Britain, besides that of a new Guaranty for the Protestant Succession. A Sight of the said Treaties, Instructions, and Orders, might perhaps have dispelled these Apprehensions; and therefore we thought it our I uty to move for them, and to express our Concern that such a Motion was overruled: For we cannot think the Argument used to discourage us from insisting on that Motion, ("That it amounted to an Inquiry whether the King had broke His Coronation Oath,") was consistent with the Freedom of Parliamentary Debates, or agreeable to the known Rules of our Constitution, which free the Crown from all Blame, and suppose, those only who give pernicious Counsels answerable for the fatal Effects of them.

W. Ebor.
Aylesford.
Scarsdale.
Compton
Bristol.
Strafford.
North & Grey.
Fran. Cestriens.
Boyle.
Uxbridge.
Foley.
Weston.
Aberdeen.
Cowper.
Fra. Roffen.
Gower.
Montjoy.
Bathurst.
Guilford.
St. John de Bletsoe.
Bingley.
Trevor."

Then the House (according to Order) was adjourned during Pleasure, and put into the said Committee.

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

And the Earl of Clarendon reported from the said Committee, "That they had come to Two Resolutions; which they had directed him to report, when the House will please to receive the same; and that he was directed by the Committee to move, that they may have Leave to sit again."

Ordered, That the Report be now received.

His Lordship accordingly reported the said Resolutions; (videlicet,)

Resolutions, that the Navy Debt was incurred by Services necessary for the Safety of the Kingdom; and that the paying off the Ships immediately on their Return into Port would have been inconsistent with the Performance of those Services:

That it is the Opinion of this Committee, That the employing great Numbers of Seamen, for several Years last past, more than were provided for by Parliament, and thereby increasing the Debt of the Navy, was occasioned by Services, which either were pursuant to the previous Advice, or had the subsequent Approbation, of One or both Houses of Parliament, and which were also necessary for the Safety of the Kingdom, and the Tranquillity of Europe.

"That it is the Opinion of this Committee, That the Nature of the said Services necessarily requiring some of His Majesty's Squadrons to be kept out the whole Year, and detaining others Abroad till the Months of November or December; and it being requisite to fit out the said Squadrons in the Month of February, or the Beginning of March, in order to their Sailing early in the Spring; the paying them off upon their Return was inconsistent with the due Performance of those Services; nor could the Saving (if any) by such Payment have, in any Degree, made Amends for the ill Consequences which must thereby have arisen from the Disappointment to the Service."

Which Resolutions were read by the Clerk.

And the First of the said Resolutions being read a Second Time:

The Question was put, "That the House do agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

Protest against the First Resotion:

"Dissentient.

"1st, Because this Resolution seems to clash with the Instruction from whence it sprung; which was, to consider the Occasion of the Increase of the Navy Debt, that arose from employing more Men in the Sea Service than were provided for by Parliament; whereas from the Resolution it appears only that the Services occasioned the Debt, not what real Occasion or Reason there was for those Services; which yet was the Point we suppose chiefly in View, and most worthy of a Parliamentary Inquiry.

2dly, Because those Services are in this Resolution supposed to be justified by the previous Advice, or subsequent Approbation, of One or both Houses of Parliament; whereas it did not any Way appear to us, that either House of Parliament had previously advised, or subsequently approved, such Services; though the Vouchers in that respect were often and earnestly required: Nor doth it appear to us how that Assertion is warranted, either by general Expressions in Votes and Addresses, or by a State of the Navy Debt communicated every Year to the Parliament; and therefore, being still in the Dark as to the Evidence pointed at, we could wish that the Growth of the Navy Debt had been explained and justified by an Inquiry into the Ends and Reasons for which it was contracted. But this Way not being taken, nor being possible to be taken, till the Treaties, Instructions, and Orders, requisite to this Purpose, are produced, we know not in what Sense either those Sea Services, or that great Navy Debt they caused, may be said to have been approved by this or the other House of Parliament.

3dly, But, had we been duly informed of the true Motives upon which those Services were undertaken, and thereby enabled to judge of their Reasonableness (as we think we in no Degree were); yet still we must be of Opinion, that those Considerations, how important soever, would not have justified the exceeding the Number of Men asked of and allowed by Parliament, which nothing but absolute and unforeseen Necessity can ever excuse; whereas the Occasions of these extraordinary Expences were foreseen, and the Flects were sent out for many Years successively, sitting the Parliament, without any previous Demands made of such Supplies as were proportioned to the Expence intended. And we are further of Opinion, That, whenever such a Debt is unavoidably incurred, it should be specially stated to the Parliament, together with the Necessity that occasioned it, at their next assembling, that the Excuse may be then either allowed or censured, and the Exceedings provided for in Time, instead of being suffered to run on for many Years together, till an insupportable Debt is contracted, without any other Notice taken of the Reasons of its Growth than the laying annually a general State of the Debt on the Table of the House of Commons. This we conceive to have been the Case; and, if it be, do not err, we think, in affirming, that had the Services appeared to have been necessary, yet this Manner of increasing the Debt would not have been warranted.

4thly, Neither can we comprehend how the Safety of the Kingdom depended upon those extraordinary Services, some of which were performed in The Mediterranean, others in The Baltick, against Powers not at Enmity with Great Britain, whose Friendship (it seems to us) we should rather have cultivated, and whose Resentments we had, and still have (we fear), Reason to apprehend. We cannot but think it the true Interest of Great Britain, to intermeddle as little as is possible in the Quarrels of Europe; and then by our good Offices chiefly, without declaring any Resolution to support our Mediation by Force, or making ourselves either Principals or Parties in Wars, that do not immediately concern us. We look upon our Navy (the natural Security of our Island) as too much hazarded, and some chief Branches of our Trade as highly endangered, by the Consequences of those remote Expeditions; nor are we yet satisfied that the Peace by us mediated and concluded in the North hath not made the Provision of Naval Stores for our Fleet more precarious than formerly, though on that single Article the Safety of the Kingdom may possibly depend; nor can we judge the present Tranquillity likely to last, since, after all our Expence, the late Northern Peace hath reduced Sweden so low, and left the Czar in the Possession of such Provinces as may render him very formidable; and what Matters may still remain unadjusted in Treaties, whereby the present Tranquillity may soon be disturbed, we cannot determine, since we have not been indulged in our Desire of inspecting those Treaties.

W. Ebor.
Strafford.
Scarsdale.
Cowper.
Bristol.
Gower.
Trevor.
Aylesford.
Fran. Cestriens.
North & Grey.
Guilford.
Weston.
Aberdeen.
Boyle.
Foley.
Compton.
Fra. Roffen.
St. John de Bletsoe.
Uxbridge.
Bathurst.
Bingley."

21.

Then the other Resolution being likewise read a Second Time:

The Question was put, "That the House do agree with the Committee in the said Resolution?"

It was Resolved in the Affirmative.

Protest against the Second Resolution.

"Dissentient.

"1st, Because that Part of the Question which concerns such of His Majesty's Ships as are said, but not proved, to have been necessarily kept out the whole Year, has not the least Relation, as we conceive, to any Thing that has been yet objected to; which was, the not paying Ships that came Home before the Winter, and ought, by the ancient Usage of the Navy, to have been paid off; and therefore; we cannot but think, was very improperly made Part of the Question.

2dly, Because, it being admitted in the Question, that the ancient Usage of the Navy was, that all Ships, when they returned Home from their several Voyages, should not be kept in Pay during the Winter (as was the Case of the late Baltick Squadrons for some Years past); and it not having been made appear, as we think, in a Parliamentary Way, that, by any Treaty with Sweden, it was necessary to send Ships sooner in any Year than might have been consistent with the said ancient Usage; we are of Opinion, that the Resolution will encourage the Practice complained of, and will greatly contribute to make Fleets (so much the Honour and Security of this Kingdom) too chargeable to be supported.

"3dly, Because we cannot but be surprized there should be the least Doubt (as in the Question) whether any Money might have been saved by paying off the Men, when it appears, by a Paper upon the Table, that several Ships Companies, amounting to many Thousands of Men, have been kept in Pay during the Winter; which Expence we cannot but think ought to have been avoided, it appearing, from other Papers and Representations upon the Table, that, by paying the Men off, more than Five Parts in Six of the whole Charge of those Men during the Winter had been saved to the Public.

"4thly, Because a Resolution of this House, that seems to countenance a Practice of this Sort (at a Time when every Way of getting Money at the Expence of the Public is not found to be less in People's Thoughts than formerly) may probably encourage those who shall have Opportunity in future Times too readily to contribute towards the Increase of Navy Debts; though they are attended with so many ill Consequences, that His Majesty, in a most Gracious Speech from the Throne, has very lately been pleased to say, They do not only affect all Public Credit, but greatly increase the Charge and Expence of the current Service, and are of all others the most heavy and burthensome."

W. Ebor.
Strafford.
Guilford.
Fran. Cestriens.
Cowper.
Aylesford.
Gower.
F. Roffen.
Boyle.
Compton.
Uxbridge.
Bristod.
Aberdeen.
Weston.
Foley.
Scarsdale.
North & Grey.
Trevor.
St. John de Bletsoe.
Bathurst."

20.

Ordered, That, on this Day Sevennight, this House shall be put into a Committee of the whole House, to take into further Consideration the Causes of contracting so large a Navy Debt.

Building or selling Ships of Force, for the Use of Foreigners, to restrain, Bill.

Whereas Saturday next is appointed, for the Second Reading of the Bill, intituled, "An Act to enable His Majesty; His Heirs and Successors, to restrain the building, selling, and disposing, of Ships of War, or of great Force, for the Use of Foreigners:"

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

Motion against publishing Lords Works after their Deaths, to be considered.

Whereas To-morrow is appointed, to take into Consideration the Motion made on Tuesday last, for entering upon the Roll of Standing Orders the Resolution and Declaration then made, against publishing in Print the Works, Life, or last Will, of any Lord of this House, after his Death, without Consent of his Heirs, Executors, Administrators, or Trustees:

It is Ordered, That, on Wednesday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Falconer versus College & al. of Aberdeen.

Whereas Monday next is appointed, for hearing the Cause wherein David Falconer of Newton Esquire is Appellant, and the Principal and Masters of King's College, and the Provost, Baillies, and Council, of Aberdeen, and their Treasurer for the Time being, are Respondents:

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

Adjourn.

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

DIE Martis, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed by Act of Parliament to be observed as a Day of Fasting, and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

DIE Mercurii, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Byrne versus Action.

The Answer of Thomas Acton, Respondent to the Petition and Appeal of Walter Byrne Esquire and John Byrne Gentleman, was brought in the Twentyseventh Instant.

Walker versus M'Pherson and Forrester.

And this Day the joint and several Answer of William McPherson Writer in Edinburgh and Robert Forrester Merchant there, Respondents to the Petition and Appeal of John Walker Merchant, was brought in.

Thanks to Bp. of Bangor, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bangor, for the Sermon by him preached before this House, in the Abbey Church, Westminster, Yesterday; and he is hereby desired to cause the same to be forthwith printed and published.

Burton's Pet. touching D. of Chandos' Privilege.

A Petition of Samuel Burton Esquire, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in prosecuting a Suit in His Majesty's Court of Exchequer, and, by Virtue of an Extent and other Proceedings thereupon, entering the Estate, and seizing the Goods and Chattels of divers Tenants, of James Duke of Chandos, within the Time of Privilege of Parliament, was presented to the House, and read; praying, "That the Matter may be put into such a Method of being examined into, as (fn. 2) to their Lordships shall think sit; and that the Petitioner may be discharged from his Consinement."

And thereupon the Standing Orders, of the Twentyeighth of May 1624 and the Eleventh of January 1699, relating to Privilege, being read:

It is Ordered, That the said Petition do lie on the Table; and that the Serjeant at Arms do forthwith bring the Petitioner to the Bar of this House.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for taking off the Duty upon all Salt used in the curing and making of White Herrings; and, instead thereof, laying a proportionable Duty upon all White Herrings consumed at Home only; and for making an Allowance for Tobacco exported from Scotland in the Time therein mentioned; and for giving further Relief to the Resiners of Rock Salt;" to which they desire the Concurrence of this House.

Bryan versus Woolley & Ux.

A Petition of James Bryan Esquire, Appellant in a Cause depending in this House, to which Benjamin Woclley Esquire and Mary his Wife are Respondents, was presented to the House, and read; praying, "In regard the Petitioner's Papers and Writings relating to the said Cause were burnt, the Twenty-sixth Instant, in the House of the Lord Viscount Dillon in ConduitStreet, that the Hearing the said Cause, which stands for Friday next, may be put off for Six Weeks, or to such other Time as their Lordships shall think fit."

And thereupon the Agents for the said Parties were called in; and examined, upon Oath, at the Bar, touching the Allegations of the said Petition.

They were directed to withdraw, and set down, in Writing, the Papers and Depositions that will be necessary to be made Use of at the said Hearing.

And being withdrawn:

After some Time, they were called in again.

And the Appellant's Agent delivered in a List of the several Papers necessary to be made Use of at the said Hearing.

And the Respondents Agent consenting, "That the Appellant should have the Use of the said Papers, and all others which appear by the Notes to have been read as Proof on the Hearing in the Court below;" they were directed to withdraw.

And being withdrawn:

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

Walker versus M'Pherson and Forrester.

The House being moved, on the Behalf of John Walker Merchant, Appellant in a Cause depending in this House, to which William McPherson and Robert Forrester are Respondents, "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 Wednesday the Seventh Day of February next, at Eleven a Clock.

Building and selling Ships of Force, for the Use of Foreigners, to testrain, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty, His Heirs and Successors, to restrain the building, selling, or disposing of Ships of War, or of great Force, for the Use of Foreigners."

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

Messages from H. C. with a Bill, and to return Sir J. Wentworth's Bill; and Sir R. Milbank Bill.

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

With a Bill, intituled, "An Act for repealing such Clauses in the Act passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague), as gives Power to remove Persons from their Habitations, or to make Lines about Places infected;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for Sale of Part of Sir John Wentworth's Estate, towards raising Part of the Sum of Ten Thousand Pounds, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Sir Ralph Milbanke Baronet in Trustees, to be sold, for performing his Father's Will, and an Agreement made with his Brother and Sisters;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Clauses in Quarentine Act, to repeal, Bill.

The House being moved, "That the Bill, intituled, "An Act for repealing such Clauses in the Act passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague) as gives Power to remove Persons from their Habitations, or to make Lines about Places infected," be now read the First Time?"

After Debate;

The Question was put, "Whether the said Bill shall be now read the First Time?"

It was Resolved in the Negative.

Ordered, That the said Bill be read the First Time To-morrow.

Breach of Privilege, to print the Works, &c. of any Lord after his Death, without Leave, Standing Order.

The House (according to Order) proceeded to take into Consideration the Motion made the Twentythird Instant, for entering upon the Roll of Standing Orders the Resolution and Declaration then made, against publishing in Print the Works, Life, or last Will, of any Lord of this House.

And the same, being read by the Clerk, was, with some Additions, agreed to by the House, as follows:

Notice being taken, That the Works, Lives, and last Wills, of divers Lords of this House, have been frequently printed imperfectly, and published after their Deaths, without the Direction or Consent of the Heirs, Executors, Administrators, or Trustees, of such Lords: It is therefore Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That if, after the Death of any Lord of this House, any Person presume to publish in Print his Works, or any Part of them not published in his Life-time, or his Life, or last Will, without Consent of his Heirs, Executors, Administrators, or Trustees, the same is a Breach of the Privilege of this House.

Ordered, That the said Resolution and Declaration be entered on the Roll of the Standing Orders of this House, and printed and published, and affixed on the Doors of this House, to the End all Persons that may be therein concerned may the better take Notice of the same.

Falconer versus College & al. of Aberdeen:

Whereas this Day was appointed, for hearing Counsel ex Partc, upon the Petition and Appeal of David Falconer of Newton Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland of the Twenty-ninth of December 1719, and the Affirmance thereof the Fifteenth of January following, made on the Behalf of the Principal and Masters of King's College, and the Provost, Baillies, and Council of Aberdcen, and their Treasurer for the Time being:

Counsel appearing for the Appellant; but no Counsel for the Respondents:

And the Appellant's Counsel being heard, and withdrawn:

And the Order and Judgement of this House of the Fourth of May last, wherein the said David Falconer was Appellant, and Dame Elizabeth Falconer and others were Respondents, being read:

Heard ex Parte, and reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Twenty-ninth of December One Thousand Seven Hundred and Nineteen, sinding the Two Mortifications subsisted as Two separate Donatives, and the Interlocutor of the Fisteenth of January following in Affirmance thereof, be, and are hereby, reversed: And it is further Ordered and Adjudged, That the Appellant be, and is hereby, at Liberty to examine the Instrumentary Witnesses, according to his Petition to the Lords of Session for that Purpose, reserving to the Principal and Masters of King's College of Aberdeen, and the Provost, Baillies, and Council of the said City of Aberdeen, all Defences competent in Law against the Witnesses, and such further Proceedings shall thereupon be had before the Lords of Session as to Justice shall appertain.

Burton's Pet. touching D. of Chandos' Privilege:

The House resumed the Consideration of the Petition of Samuel Burton Esquire, touching the Breach of the Privilege of James Duke of Chandos:

Burton to be attached.

It is thereupon Ordered, That the Matter relating to the said Breach of Privilege be further examined into, at the Bar of this House, on Friday next; and that the Gentleman Usher of the Black Rod attending this House do forthwith take into his Custody the said Samuel Burton, and bring him to the Bar of this House on that Day; 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.

Glastonbury Commons, to enclose, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing Glastonbury Commons, in the County of Somerset."

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. Lightboun and Mr. Borret:

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

Northamptonshine and Leicester High ways, Bill.

The House being moved, "That the Bill, intituled, An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of North'ton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester," be now read the Third Time:"

After Debate;

The Question was put, "Whether the said Bill shall be now read the Third Time?"

It was Resolved in the Negative.

E. of Rothes's Privilege.

Ordered, That the beforementioned Bill be read the Third Time on Friday Morning next.

Ordered, That the Lords Committees for Privileges, to whom the Consideration of the Matter of the Complaint of the Earl of Rothes's Breach of Privilege stands referred, do meet on Friday next.

Silk Weavers of Canterbury, for Manufactures, Bill.

A Petition of the Master, Wardens, and Assistants, of the Corporation of Silk Weavers, in the City of Canterbury; praying, "That the Bill, intituled, "An Act for making more effectual an Act, made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom," may pass," was presented to the House, and read.

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

Lords to be summoned.

Whereas To-morrow is appointed, for the House to be in a Committee, to take into further Consideration the Causes of contracting so large a Navy Debt:

It is Ordered, That the Lords be summoned, with Notice of the Occasion.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Februarii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.

Die Jovis, 8^o Martii 1721, hitherto examined by us,

Clarendon.
Say & Seale.
De Lawarr.

Footnotes