March 1723, 11-20

DIE Lunæ, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

S. Sea Company versus Curzon.

After hearing Counsel, upon the Petition and Appeal of the Governor and Company of Merchants of Great Britain trading to The South Sea, and other Parts of America, and for encouraging the Fishery; complaining of an Order of Dismission, made in the Court of Exchequer, the Seventeenth Day of November last, in a Cause wherein the Appellants were Plaintiffs, and Eleanor Curzon was Defendant; and praying, "That the said Order may be reversed, and the Respondent obliged to answer the Appellants Bill in the said Court of Exchequer:" As also upon the Answer of the said Eleanor Curzon put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order of Dismission affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Order of Dismission therein complained of be, and is hereby, affirmed.

E. of Macclesfield and D. of Kingston's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for compleating the Sale of the Manor of Croxton, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston, Lord Privy Seal, in the County of Stafford; and for ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and removing some Doubts and Difficulties arising by a Deed and Will of Gervas Lord Pierrepont, deceased, concerning his Estates in the Counties of Salop and Stafford," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

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

The House being moved, on the Behalf of Nicholas Mahon Esquire and Eleanor his Wife, Respondents to the original Appeal of Cadwallader Lord Blany Baron of Monaghan in the Kingdom of Ireland, and Mary Lady Dowager Blany Relict and Administratrix of William late Lord Blany, and Appellants in the Cross Appeal of the said Nicholas Mahon and his Wife, to which the said Lord Blany and Lady Dowager Blany are Respondents: "That a Day may be appointed, for hearing the said Causes:"

It is Ordered, That this House will hear the said Causes, by Counsel, at the Bar, on Friday the Twentysecond Day of this Instant March, at Eleven a Clock.

Clayton's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Arundell & al. versus Macartney & al.

The House was informed, "That James Macartney Senior, John Roberts, James Macartney Junior, and Michael Cuffe, Esquires, who, by Order of this House of the Twenty-sixth of January last, were required to put in their Answer or respective Answers to the Appeal of Richard Arundell Esquire and others on or before the Second Day of this Instant March, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose:"

And thereupon Oliver Weston was called in; and examined upon Oath, at the Bar, in relation to the said Service.

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal by this Day Sevennight.

Wingfield versus Whalley:

Upon reading the Petition of Robert Allen Gentleman, Agent for Richard Whalley Esquire, Respondent to the Petition and Appeal of Edward Wingfield Esquire; praying, "That the Agent, or Agents, for the said Appellant, may give, or permit the Petitioner to have, Copies of the Papers following; (videlicet,) Mary Chappell's Letter to Lord Powerscourt, Twenty-sixth of November 1696; Mary Chappell to Lord Powerscourt, Twenty-first December 1696; Ditto to Ditto, Fifteenth January 1711; Ditto to Ditto, Fifth January 1711; Ditto to Ditto, Twelfth December 1711; Richard Chappell to Lady Powerscourt, Twenty-sixth November 1706; Whalley's Proposal to Lord Powerscourt, Thirtieth October 1711; and Whalley's Letter to John Crelly, Tenth October 1715; the said several Papers having been produced and read on hearing the said Cause in the Court of Chancery in Ireland:"

Papers to be produced.

It is Ordered, That the said several Papers, or such of them as are in the Appellant's Agent's Custody or Power, be produced at the Hearing the said Cause in this House.

Adjourn.

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

DIE Martis, 12^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mill & al. versus Col. Reid & al.

This Day the Answer of Colonel Robert Reid, James Couts, George Morrison, James Smith, John Adam, John Couts, John Hutchan, Alexander Strachan, Robert Ramsay, Robert Reid, and David Buchannan, to the Appeal of Alexander Mill, William Ross, and David Butter, was brought in.

E. of Macclesfield and D. of Kingston's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for compleating the Sale of the Manors of Croxton, alias Croxden, and Great Yate, and other Lands and Tenements, late the Estate of the most Noble Evelyn Duke of Kingston, Lord Privy Seal, in the County of Stafford; and for ascertaining and augmenting the Stipend of the Minister of Croxton aforesaid, out of the same Estate; and for charging One Annuity, given to the Poor of Croxton aforesaid, wholly upon the said Estate; and discharging the same Estate from other Annuities given to the Minister and Poor of Tong, in the County of Salop, by a Deed and Will of Gervas Lord Pierrepont, deceased; and thereby charged upon his Estates in the Counties of Salop and Stafford."

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

It was Resolved in the Affirmative.

Clayton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bill.

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

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

Sir Gervas Clifton's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Poor's 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 Laws relating to the Settlement, Employment, and Relief, of the Poor."

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

And the Earl of Clarendon reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received on Saturday next.

Adjourn.

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

DIE Mercurii, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wingfield versus Whaley.

After hearing Counsel, upon the Petition and Appeal of Edward Wingfield Esquire; complaining of several Orders and Decrees made in the High Court of Chancery in Ireland, the Third of February One Thousand Seven Hundred and Seventeen, the Nineteenth of November One Thousand Seven Hundred and Nineteen, the Twenty-seventh of January One Thousand Seven Hundred Twenty-one, and the Ninth of April last, in a certain Cause, wherein Richard Whaley Esquire was Plaintiff, and Foliot late Lord Viscount Powerscourt, deceased, and Thomas Richardson Gentleman, were Defendants; and in another Cause there depending, wherein the said Richard Whaley was Plaintiff, and the Appellant and the said Thomas Richardson were Defendants; and praying, "That the same may be reversed, as against the said Appellant, and the Respondents Bill dismissed:" As also upon the Answer of the said Richard Whaley put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decrees, &c. reversed; and Respondents Bill dismissed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders and Decrees of the Third of February One Thousand Seven Hundred and Seventeen, the Nineteenth of November One Thousand Seven Hundred and Nineteen, the Twenty-seventh of January One Thousand Seven Hundred Twenty-one, and the Ninth of April last, complained of in the said Appeal, be, and are hereby, reversed; and that the Respondents Bill in the said Court of Chancery in Ireland be, and is hereby, dismissed.

Sir Gervas Clifton's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent.',

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

D. Montagu and E. Cardigan's Bill, Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stamerne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley-parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned," was committed, be revived; and meet on Saturday next.

L. Craven's Bill.

Whereas To-morrow is appointed for the Third Reading of the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called, The Pest-house Field, from certain Charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses:"

It is Ordered, That the said Bill be read the Third Time on Tuesday next, at Two a Clock; and the Lords to be summoned; and that the Physicians before ordered do then attend; and that the Lord Craven be at Liberty to produce any other Physicians he shall think fit, at the Third Reading of the said Bill.

Adjourn.

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

DIE Veneris, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

S. Sea Company Bill.

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

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

Then the said Bill was read the First Time.

Message from H. C. to return Jennyns' Bill.

A Message from the House of Commons, by the Honourable James Berric Esquire and others:

To return the Bill, intituled, "An Act to confirm certain Exchanges, Conveyances, and other Assurances, made by John Jenyns Esquire and others, or some Parts of the Estates comprized in the Articles and Settlement made on his Marriage with Dorothy his late Wife; and to supply some Defects in the said Articles and Settlement; and to enable him to make a Settlement on any future Marriage;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Gloucester Highways, to repair, Bill:

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

With a Bill, intituled, "An Act for repairing the Highways from the City of Gloucester, to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by Virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Rigge versus Abercrumbie.

Whereas this Day was appointed, for hearing the Cause wherein Thomas Rigge of Mortoun Esquire is Appellant, and Alexander Abercrombie of Tullibodie Esquire is Respondent:

Causes put off.

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

Message from H. C. for at Conference about Matters relating to the Safety of His Majesty's Person, &c.

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

To desire a Conference with this House, about Matters of great Importance, relating to the Safety of His Majesty's Person, and the Preservation of our present happy Establishment in Church and State.

To which the House agreed.

Answer.

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

Managers.

The Lords following were named Managers of the Conference; (videlicet,)

Thompson & al. versus Hathorn & al.

Upon reading the Petition and Appeal of Dame Marjory Thompson Widow, and One of the Trustees of Sir Samuel M^cClellan Knight, deceased, and Patrick, William, Marjory, and Samillia M^cClellan, Four of the Children of the said Sir Samuel by the said Dame Marjory, and Mr. John Montgomery of Wray, the other Trustee; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-first of November, the Twenty-sixth of December 1722, the Day of January, the Fifteenth of February, and Two Interlocutors of the Twentieth, and other Two Interlocutors of the Twenty-seventh of February last, in a Cause wherein Hugh Hatborn and Margaret his Wife, Thomas Fordyce and Lillias his Wife, and others, were Plaintiffs, and the Petitioners and others were Defendants; and praying, "That the same may be reversed, and the Petitioners relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Hathorn and Margaret his Wife, Thomas Fordyce and Lillias his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Twelfth Day of April next.

Conference, about Matters relating to the Safety of His Majesty's Person, reported:

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

The Names of the Managers for this House were read.

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

Which being ended, the House was resumed.

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

"The Commons, upon Consideration of a Report from a Committee of their own Members, appointed to examine Christopher Layer and others, as also several original Papers and Letters (upon their humble Application to His Majesty) laid before them, being entirely satisfied that a detestable and horrid Conspiracy has been formed and carried on, by Persons of Figure and Distinction, for deposing His Majesty, and placing a Popish Pretender on the Throne; and being fully convinced, that several treasonable Correspondencies have been entered into, by the said Traitors, for soliciting a Foreign Force, to invade these Kingdoms; and that Endeavours have at the same Time been used by them, for raising Insurrections, and inciting a Rebellion, at Home: And the Commons, finding, with Horror and Astonishment, that some of the said Conspirators had arrived to such a Heighth of Wickedness, as to engage in a villainous and execrable Design of laying violent Hands on His Majesty's most Sacred Person, are thoroughly sensible that nothing can so effectually contribute to the Safety of His Majesty, and the Preservation of our present happy Establishment in Church and State, as a perfect Unanimity between the Two Houses of Parliament; and have therefore desired this Conference, to communicate the said Report to your Lordships, together with the original Papers and Examinations referred to therein.

"And as it may be necessary to the Commons, in their further Proceedings, to have Recourse, from Time to Time, to the said original Papers and Examinations; they do desire that, upon Application to be made to your Lordships, the same may be returned to them.

"The Commons do not doubt but that the same Zeal, which actuates them, will likewise animate your Lordships, in the vigorous Prosecution of these wicked Conspirators, till they are brought to exemplary Justice, and until the united Resentments of both Houses of Parliament shall convince the whole World of the Danger there is for the most subtle Traitors to attempt the Subversion of this Government, or to endeavour to deprive a free and happy People of the Blessing of His Majesty's Reign, and the Succession of His Royal Family, upon which their Religion, Laws, and Liberties, entirely depend."

Then the Lord President delivered in at the Table the said Report, together with the original Papers, Letters, and Examinations, referred to therein, in a Trunk locked up, and the Key thereof; which, his Lordship acquainted the House, were delivered to him by the Commons, at the said Conference.

Which Report of the Conference being read by the Clerk, the following Orders were made:

Report referred to a Committee to be chosen by Ballot.

"Ordered, That the said Report, together with the several Papers this Day delivered therewith, by the House of Commons, at a Conference, be referred to the Consideration of a Committee, which shall consist of Nine Lords only, and be appointed by Balloting."

"Ordered, That the said Committee shall be chosen, by Balloting, To-morrow, at Two a Clock; and that there be Two Glasses to take the said Ballots in; and each Lord to ballot in his Place, and continue sitting in his Place till the Balloting shall be over, and the Glasses set upon the Table; and that all the Lords be summoned to attend."

"Ordered, That the said original Papers, Letters, and Examinations, referred to in the said Report, and locked up in the said Trunk, together with the Key, this Day delivered by the House of Commons, at a Conference, be kept by the Lord Chancellor, till the same be disposed of by the further Order of this House."

"Ordered, That the Lords who were named Managers of the Conference be, and are hereby, appointed a Committee, to prepare what may be proper to be offered to the Commons, at a Conference, touching so much of the Matter communicated by them to the Lords, at a Conference had this Day, as intimates, "It may be necessary for the Commons to have Recourse to the Original Papers and Examinations delivered by them at the said Conference;" and expresses their Desire, "that, upon Application to the Lords, the same may be returned to them;" and to report to the House."

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

Then the House was adjourned during Pleasure; and the Lords went to the Committee.

After some Time, the House was resumed.

Cower & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Gower the Elder, and William Gower the Younger, and Thomas Hawkins, for and on the Behalf of his Sons Edward Thomas Hawkins and John Hawkins, both Infants, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Queenbill, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire and of John Gower his Son, deceased; and for discharging other the Lands late of the said John Gower from such Debts."

Adjourn.

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

DIE Sabbati, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Dutchess Dowager of Hamilton versus D. Hamilton and Gillyes.

This Day the Answer of James Duke of Hamilton and Brandon and Alexander Gillyes, Respondents to the Petition and Appeal of Elizabeth Dutchess Dowager of Hamilton and Brandon, was brought in.

D. Montagu and E. Cardigan's Bill.

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned," was committed: That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Edgecumbe's Bill.

The Earl of Clorendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to or for the Use of His Majesty for building a Victualing-office, for the Service of the Royal Navy at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

S. Sea Company Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for reviving and adding Two Millions to the Capital Stock of the South Sea Company; and for reviving a proportional Part of the Yearly Fund, payable at the Exchequer; and for dividing their whole Capital (after such Addition made) into Two equal Parts, or Moieties; and for converting One of the said Moieties into certain Annuities, for the Benefit of the Members; and for settling the remaining Moiety in the said Company; and for continuing for One Year longer the Provision formerly made, against requiring Special Bail, in Actions or Suits upon such Contracts as are therein mentioned.

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

Poor's Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for amending the Laws relating to the Settlement, Employment, and Relief, of the Poor," was committed: "The Amendments made by the Committee to the said Bill."

Which being read Twice, were, with the Amendments to some of them, agreed to by the House; and are as follow; (videlicet,)

"Press 4. L. 4. After ["Parish"], insert ["Town, Township, or Place"].

"L. 5. After ["Parishioners"], insert ["or Inhabitants"].

"L. 6. After ["Parish"], insert ["Town, Township, or Place"]; and after ["Vestry"], insert [or other Parish, or Public Meeting for that Purpose"]; and in the same Line, after ["assembled"], insert ["or of so many of them as shall be so assembled, upon usual Notice thereof first given"].

"L. 41. After ["Parishioners"], insert ["or Inhabitants"].

"L. 43. After ["Vestry"], insert ["or other Parish or Public Meeting for that Purpose"]; and in the same Line, after ["assembled"], insert ["or of so many of them as shall be so assembled, upon usual Notice thereof first given"].

"Press. 5. L. 28. After ["Parishioners"], insert ["or Inhabitants"].

"L. 32. After ["Vestry"], insert ["or other Parish or Public Meeting for that Purpose]; and in the same Line, after ["assembled"], insert ["or of so many of them as shall be so assembled, upon usual Notice thereof first given"].

"Pr. 8. L. 7. Leave out ["Eight Days"], and insert ["reasonable"].

"L. 12. Leave out ["to"], and insert ["from"]

"L. 13. Leave out from ["removed"] to the End of the Bill; and add a Writing marked [X.]

"[X.] The Reasonableness of which Notice shall be determined by the Justices of the Peace, at the Quarter Sessions to which the Appeal is made; and if it shall appear to them that reasonable Time of Notice was not given, then they shall adjourn the said Appeal to the next Quarter Sessions, and then and there finally hear and determine the same: And, for the preventing of vexatious Removals, be it further Enacted, by the Authority aforesaid, That, from and after the Twenty-fourth Day of June in the Year of Our Lord One Thousand Seven Hundred and Twenty-three, if the Justices of the Peace shall, at their Quarter Sessions, upon an Appeal before them there had, concerning the Settlement of any poor Person, determine in Favour of the Appellant, that such poor Person or Persons was or were unduly removed; that then the said Justices shall, at the same Quarter Sessions, order and award to such Appellant so much Money as shall appear to the said Justices to have been reasonably paid by the Parish, or other Place, on whose Behalf such Appeal was made, for or towards the Relief of such poor Person or Persons, between the Time of such undue Removal, and the Determination of such Appeal; the said Money so awarded to be recovered in the same Manner as Costs and Charges upon an Appeal are prescribed to be recovered by the said Statute made in the Ninth Year of His late Majesty King William the Third, intituled, "An Act for supplying some Defects in the Laws for the Relief of the Poor of this Kingdom."

Gower's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Queenhill, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire, and of John Gower his Son, deceased; and for discharging other the Lands late of the said John Gower from such Debts."

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

Dutchess Dowager of Hamilton versus D. Hamilton.

The House being moved, on the Behalf of James Duke of Hamilton and Brandon and Alexander Gillyes Respondents to the Petition and Appeal of Elizabeth Dutchess Dowager of Hamilton and Brandon, "That a Day may be appointed, for hearing thereof:"

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

The House was adjourned during Pleasure.

The House was resumed.

Ballot for the Lords to consider of Papers from H. C. concerning the Conspiracy.

The Order being read, for referring the Report, together with the several Papers delivered therewith by the House of Commons Yesterday, at a Conference, to the Consideration of a Committee, to consist of Nine Lords only, to be appointed by Balloting:

Then the Lords, sitting in their Places, severally put their Ballots into Two Glasses, which the Clerks attended them with.

And the Balloting being over, the Glasses were set on the Table.

And the Lords following were appointed a Committee, to cast up the Number of Ballots; and to report to the House:

Their Lordships, or any Three of them; to withdraw immediately, into the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure; and the Lords went to the Committee.

After some Time, the House was resumed.

And the Duke of Wharton reported from the said Committee, "That the Majority of the Ballots had fallen on the Lords following; (videlicet,)

To which the House agreed.

Ordered, That the Nine Lords before-mentioned be, and are hereby, appointed to be the Lords Committees, to inspect the said Report, and Original Papers, Letters, and Examinations, delivered Yesterday by the House of Commons, at a Conference:

And that their Lordships, or any Five of them, do meet when, where, and as often as, they shall think fit; and report to the House, as they shall fee Cause.

Ordered, That the said Report, together with the said several Papers, be referred to the said Committee.

Ordered, That the Lord Chancellor do now deliver to the Duke of Dorset the Trunk and Key containing the Original Papers, Letters, and Examinations, referred to in the said Report.

And his Lordship delivered the same accordingly.

Adjourn.

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

Die Jovis, 5^o Martii, 1723, hitherto examined by us,

Hu. Bristol.
Jo. Norwich.
De Lawarr.
Bingley.

DIE Lunæ, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arundell & al. versus Macartney & al.

This Day the Answer of James Macartney Senior, John Roberts, James Macartney Junior, and Michael Cuffe, Esquires, to the Appeal of Richard Arundell Esquire and others, was brought in.

Maxwell's Committee revived.

Ordered, That the Committee to whom the Petition of Charles Maxwell of Cowhill Esquire and Janet his Wife stands referred be revived, and meet To-morrow Morning.

Report of Heads for a Conference, about Papers from the Commons, concerning the Conspiracy.

The Lord President reported from the Lords Committees appointed to prepare what may be proper to be offered to the Commons, at a Conference, touching so much of the Matter communicated by them to the Lords, at a Conference had on Friday last, as intimates, "It may be necessary for the Commons to have Recourse to the original Papers and Examinations delivered by them at the said Conference;" and expresses their Desire, "that, upon Application to the Lords, the same may be returned to them;" as follows; (videlicet,)

"The Lords have desired this Conference, to acquaint the Commons, That their Lordships are taking into Consideration the Report, and the several original Papers and Examinations, delivered to them by the Commons, at a Conference, in such Manner as the Nature and Importance thereof requires. But, as the Commons have intimated, at the said Conference, "That it may be necessary for them, in their further Proceedings, to have Recourse from Time to Time to the said original Papers and Examinations;" and thereupon desired, "That, upon Application to the Lords, the same may be returned:" The Lords, being desirous at all Times to keep up a good Correspondence with the House of Commons, and being satisfied that it can never be more necessary than at this Juncture, have taken this First Opportunity to acquaint the Commons, That they will return all or any of the said original Papers and Examinations, from Time to Time, as shall be desired by the Commons."

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

Message to H. C. for the Conference:

Then, a Message was sent to the House of Commons, by Mr. Fellowes and Mr. Lovibond:

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

Answer:

The Messengers sent to the House of Commons return Answer:

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

Managers:

Ordered, That the Lords Committees who prepared what shall be offered at the Conference be the Managers of the Conference.

Conference had, and reported.

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

The Managers Names were read.

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

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had been at the Conference; and delivered to the Commons what they were commanded."

Rigge versus Abercrombie.

After hearing Counsel, upon the Petition and Appeal of Thomas Rigge of Mortoun Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland of the Twelfth of July, and of Part of an Interlocutor of the Twenty-fourth of November, and of certain Interlocutors of the Fifteenth and Nineteenth of December and Ninth of January last, in a Cause wherein Alexander Abercrombie of Tullibodie Esquire was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Alexander Abercrombie put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors 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 Interlocutory Sentences, or Decrees, therein complained of, be, and are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Twenty Pounds, for his Costs by reason of the said Appeal.

D of Montagu and E. of Cardigan's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the vesting several Woods, Lands, and Coppices, in Stanierne and Geddington, in the County of Northampton, and belonging to the Right Honourable George Earl of Cardigan, in the most Noble John Duke of Montagu and his Heirs; and for vesting and settling other Woods, Lands, and Coppices, lying in the Parishes of Oakley Parva and Stanierne, in the said County of Northampton, in and upon the said George Earl of Cardigan, with Remainders over, and in the Manner herein mentioned."

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

It was Resolved in the Affirmative.

Edgecumbe's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Richard Edgecumbe Esquire to sell Lands, not exceeding Twenty Acres, to or for the Use of His Majesty, for building a Victualing-office, for the Service of the Royal Navy at Plimouth; and to purchase other Lands, to be settled to the same Uses as the Lands to be sold now stand limited by his Marriage Settlement."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

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

Ivie versus Gilbert & al.

Upon reading the Petition and Appeal of John Ivie Esquire, Executor of his late Father Jonathan Ivic, deceased; complaining of a Decree of the High Court of Chancery, of the Thirteenth of April last, in a Cause wherein the Petitioner was Plaintiff, and John Gilbert Senior Esquire, and his Son John Gilbert Junior, and Daniel Pomeroy, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Gilbert Senior, John Gilbert Junior, and Daniel Pomeroy, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the First Day of April next; and that Service of this Order on the Respondents respective Clerks in the said Court of Chancery be deemed good Service.

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 redeeming certain Annuities, payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum;" to which they desire the Concurrence of this House.

Macartney & al. versus Arundel & al et è contra.

The House being moved, on the Behalf of James Macartney Senior, John Roberts, James Macartney Junior, and Michael Cuffe, Esquires, Appellants in the original Appeal depending in this House, to which Richard Arundell, alias Bellings, Esquire, Dame Catherine Arthur, Daniel Arthur Smith, John, Elizabeth, and Margaret Arthur, and John Butler and Dorothy his Wife, are Respondents; and Respondents to the Cross Appeal of the said Richard Arundell, alias Bellings, and others; That a Day may be appointed, for hearing the said Causes:"

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

Adjourn.

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

DIE Martis, 19^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords of Manors to recover their Fines, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases."

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

And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the Bill; and that he was directed to move, that they may have Leave to sit again."

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

L. Craven's Bill.

The Order being read, for the Third Reading of the Bill, intituled, "An Act for discharging a certain Piece of Ground, in the Parish of St. Martin's in the Fields, called The Pest-house Field, from certain charitable Uses; and for purchasing other Land, in a more convenient Place, to be settled to the same Uses;" and for the Lords to be summoned; and Sir Hans Sloane, Sir John Colbatch, Sir John Shadwell, Doctor Mead, and Doctor Arbuthnot, to attend; and that the Lord Craven be at Liberty to produce any other Physicians he shall think fit, at the Third Reading of the said Bill:

The said Bill was read the Third Time accordingly.

And a Rider being offered, to be added to the said Bill:

And the several Physicians attending; as likewise Doctor Levet, Doctor Campbell, and Doctor Beaufort:

They were called in; and severally heard, in relation to the Danger there may be in opening Ground now, where the Bodies of Persons were buried, who died of the Plague, in the Years 1665 and 1666.

And being withdrawn:

The Rider offered at the Third Reading of the said Bill was read, as follows; (videlicet,)

"And whereas it appears, that, during the Time of the great Plague, which was in the Years One Thousand Six Hundred Sixty-five and One Thousand Six Hundred Sixty-six, the Burying-place in the Ground called The Pest-house Field, for such Persons as died of the Infection in those Years, was confined to the South Side of the said Field, abutting on the Gardens or Back Side of Silver Street, which Part of the said Ground is separated from the rest of the Field by a Party-wall: Wherefore, to prevent any Apprehension of Danger that may possibly be suspected from digging up the said Ground, be it Enacted, by the Authority aforesaid, That the said William Lord Craven, his Heirs and Assigns, shall be, and are hereby, restrained from digging in that Part of the said Field lying toward the South, more than the Depth of; any Thing in this Act contained to the contrary notwithstanding."

And it being proposed, "To examine Witnesses, touching the Allegations contained therein:"

It is Ordered, That the further Consideration of this Matter be adjourned to this Day Sevennight; and the Lords to be summoned.

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

Hodie 1^a vice lecta est Billa, intituled, "An Act for redeeming certain Annuities, payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum."

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

Poor's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor."

The Question was put, "Whether this Bill, with the Amendments, 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. Fellowes and Mr. Lovibond:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Adjourn.

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

DIE Mercurii, 20^o. Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Huntingdon takes his Seat.

This Day Theophilus Earl of Huntingdon sat first in Parliament, after the Death of his Father George Earl of Huntingdon; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

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

Hodie 2^a vice lecta est Billa, intituled, "An Act for redeeming certain Annuities, payable by the Cashier of the Bank of England, at the Rate of Five Pounds per Centum per Annum."

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

Gayer and his Son versus E. of Anglesey & al.

Whereas, by Order of this House of the Fifth of February last, Arthur Earl of Anglesey, Thomas Gayer, Henry Gayer, James Gayer, and Edward Gayer, were to put in their Answer or respective Answers to the Appeal of Robert Gayer Esquire and Robert Gayer Junior Esquire, his only Son, on or before the Nineteenth of the same February:

And the House being this Day moved, "That the Respondent Henry Gayer may have further Time to put in his Answer to the said Appeal, in regard he was not served with the said Order within the Time therein limited:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Time for the Respondent Henry Gayer to put in his Answer to the said Appeal be enlarged, till Monday the First Day of April next.

Adjourn.

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