April 1725, 1-10

DIE Jovis, 1^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Chamberlaine versus White.

This Day the Answer of Mary White Widow, to the Appeal of Christopher Chamberlain Gentleman, was brought in.

E. of Aberdeen takes the Oaths.

Montagu Earl of Abingdon 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.

Doorkeeper's Suspension taken off.

The House was informed, "That the Door-keeper attending at the Door called The Bishops Door, who was suspended, by Order of this House, on the Twenty-fourth of March last, for admitting Strangers into it on that Day, when His Majesty was present, contrary to the Standing Order, was heartily sorry for his said Offence, and would for the future take Care not to offend in the like Kind."

And it being thereupon moved, "That the said Suspension be taken off:"

The same was ordered accordingly.

Elections in London, to regulate, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next, at Ten a Clock precisely; and the Lords to be summoned; and that the Petition of the Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, praying to be heard, by their Counsel, against Part of the said Bill; as also the Petition of the major Part of the Aldermen of the City of London, praying to be heard, by their Counsel, for the said Bill; which were severally ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee.

And it being moved, "That no more than Two Counsel be permitted to be heard for the said Bill, and no more than Two Counsel against the same, or any Part thereof:"

Which being objected to;

And a Question being stated thereupon:

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

It was Resolved in the Affirmative.

No more than Two Counsel or a Side to be heard concerning it.

Ordered, (upon the Question) That no more than Two Counsel shall be heard for the said Bill, and that no more than Two Counsel be heard against the Bill, or any Part thereof.

Ordered, That Walter Yerbury, Daniel Yerbury, Robert Walker, William Knight, Robert Bishop, John Hambly, Ambrose Wilson, John Brooks, Samuel Walbank, James Kellum, William Shrubshaw, James Phelips, John Hardman, John Arnold, Thomas Harris, John Amie, William Andrews, Nathaniel Turner, Joseph Gynes, Francis Powell, Martyn, Cave Wiseman, William Timms, Tully, Gabriel Smith, John Bosworth, and Benjamin Bunk, do attend this House on Tuesday next, in order to be examined before the Committee of the whole House to whom the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City," stands committed; and that the Clerk be empowered, from Time to Time, to issue Orders for such Witnesses as shall be desired in relation to the said Bill.

Duff and Leshe versus E. of Buchan.

Whereas Tuesday next is appointed, for hearing the Cause wherein William Duff and Lesslie are Appellants, and David Earl of Buchan is Respondent:

It is Ordered, That the said Hearing be adjourned to this Day Sevennight; and that the Cause appointed for that Day be put off to the Tuesday following; and the other Causes on Bye-days removed in Course.

Call of the House adjourned.

The Order of the Day, for calling over the House, being read:

It is Ordered, That the said Call be adjourned to this Day Sevennight.

Hatfield versus Hatfield.

Whereas this Day was appointed, for hearing the Cause wherein Leonard Hatfield Esquire is Appellant, and Jane Hatfield, alias Adams, alias Chichester, Widow, is Respondent:

It is Ordered, That the said Hearing be adjourned till To-morrow.

Bedfordshire and Hunt. Highways Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Post leading into Sautery Lane, on the York and Edinburgh Road, and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon."

Witnesses against Gloucester Charity Bill.

Ordered, That Nathaniel Lye, John Swanley, George Cowcher, Gentlemen, Rowland Pitt Woollen-draper, and Henry Vernon Apothecary, do attend the Lords Committees to whom the Bill for repealing an Act made in the First Year of Her late Majesty Queen Anne, intituled, "An Act for incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester," stands committed.

Copies of Records relating to the Bill for regulating Elections in London, to be produced.

Ordered, That the Petitioners for the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City;" or the Petitioners against any Parts thereof, or the respective Agents of such Petitioners, may have free Access to any Records, Books, or Writings, belonging to the City of London, in order to take Copies, at their own Charge, of such Matters therein as they may think material in relation to the said Bill; and that such Person or Persons as have in their Custody any such Records, Books, or Writings, belonging to the said City, or other Public Writings, as the Petitioners, or their Agents, shall require to be produced before the Committee of the whole House to whom the said Bill stands committed, do attend, with the said Records, Books, or Writings, on Tuesday Morning next, at Ten a Clock.

Committee of Impeachments revived.

Ordered, That the Committee appointed to search Precedents of Impeachments for high Crimes and Misdemeanors be revived; and meet To-morrow Morning.

Widdrington's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Ralph Widdrington Esquire in Trustees, to be sold, for Payment of the Debts of the said Ralph Widdrington."

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. Holford and Mr. Thurston:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 2^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Neilson versus Murray:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Neilson of Chappel is Appellant, and John Murray is Respondent:"

Hearing appointed.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Twenty-fourth Day of this Instant April, at Eleven a Clock.

Hatfield versus Hatfield:

After hearing Counsel, upon the Petition and Appeal of Leonard Hatfield Esquire; complaining of a Decree of the Court of Exchequer in Ireland, made the 3d Day of July 1724, in certain Causes, wherein Jane Hatfield, alias Adams, Widow and Relict of Leonard Hatfield Gentleman, deceased, was Plaintiff, and the Appellant, as Heir and Executor of his late Father, Henry Cookman, Robert Rochfort, Nicholas Nugent and Elizabeth his Wife, and others, were Defendants; and wherein the Appellant was Plaintiff, and Richard Porter and the said Jane were Defendants; and praying, "That the said Decree may be reversed:" As also upon the Answer of the said Jane Hatfield, alias Adams, alias Chichester, Widow, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

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

Burton and Nutley versus Slattery:

Whereas a Petition and Appeal of Benjamin Burton and Richard Nutley of the City of Dublin Esquires was exhibited to this House, the Twenty-sixth of November last, complaining of a Decree of the Court of Chancery in Ireland, made the Tenth of December 1723, in a Cause wherein the Appellants were Plaintiffs, and John Slattery Gentleman was Defendant; and praying, "That the same may be reversed;" and, in Default of the Respondent's putting in an Answer thereunto, this Day was appointed, for hearing the Cause ex Parte:

And Counsel for the Appellants only attending:

They were called in, and heard.

And withdrew.

And due Consideration being had of the Merits of this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the said Court of Chancery, complained of in the said Appeal, be, and is hereby, reversed; and that the said Court do cause an Accompt to be taken of what is due to the Appellants for Principal Money and Interest, the Interest to be computed according to the Mortgage Deed; videlicet, Five Pounds per Cent. per Ann. for every Principal Sum, till Three Months after each Payment became due; and, from the End of every such Three Months, at Eight Pounds per Cent. per Ann.; and that the Appellants Costs be likewise taxed: And on the Respondent's Payment of what shall be reported due to the Appellants, for Principal, Interest, and Costs, within Three Months after the Accompt taken, and Costs taxed, at such Place as the said Court of Chancery shall direct, the Appellants shall, at the Respondent's Charge, re-convey the mortgaged Estate to the Respondent and his Heirs, and deliver up the Mortgage Deed; and also, upon the Respondent's Request, and at his Charge, give him an attested Copy of the Articles of Agreement in the Pleadings mentioned; but, in Default of Payment of the said Principal, Interest, and Costs, according to the Direction aforesaid, the Respondent shall be absolutely foreclosed of all Equity of Redemption of the mortgaged Premises.

Foster & Ux. versus Savage.

This Day being appointed, to take into further Consideration the Petition of George Savage, Respondent to the Appeal of William Foster and his Wife, presented to this House the Nineteenth of March last; complaining of a Decree of the late Lord Chancellor, the Nineteenth of June 1724, and an Order of the same Court the Twenty-seventh of February last; setting forth, amongst other Things, "That the Petitioner conceives, and is advised, it was not the Intention of the Standing Order of the House, which limits the Times for exhibiting Appeals, to allow the bringing in the same from an Order of such a Nature as is complained of in the Appeal of the said Foster and his Wife;" and praying, "that the said Appeal may be dismissed, and further Relief given him;" and for hearing One Counsel, or Solicitor, of a Side, touching the Matters contained in the said Petition:

Counsel were accordingly called in, and heard touching the same.

And being withdrawn:

And due Consideration had of what was offered in this Case:

It is Ordered, That the said Appeal be, and is hereby, dismissed this House, without Prejudice to the Appellants presenting any new Appeal hereafter, as they shall be advised.

Creditors of the late E. of Suffolk, Pet. referred to Committee of Privileges.

Upon reading the Petition of Thomas Edwards Esquire, Edward Jacob, and others, the Creditors of Charles William late Earl of Suffolk; praying, "That they may be at Liberty to proceed in their Cause in the Court of Chancery, against Edward now Earl of Suffolk, the Heir at Law of the said late Earl Charles William and others, as they shall be advised, without incurring the Displeasure of this House:"

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

Sir J. Trelawney's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwal, late the Estate of Sir Jonathan Trelawney Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof; and for other Purposes therein 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, being read Twice by the Clerk, were agreed to by the House.

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

Bedfordshire Highways Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and amending the Road from Biggleswade, in the County of Bedford, to Bugden, and through Alconberry to the Top of Alconberry Hill, or Cross Post leading into Sautrey Lane, in the York and Edinburgh Road, and from the said Town of Bugden to the Town of Huntingdon, and from Cross Hall, in Eaton Sokon, in the said County of Bedford, to Great Stoughton Common, in the said County of Huntingdon."

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

Putland versus Burrowes:

Whereas To-morrow is appointed, for hearing the Cause wherein John Putland, a Minor, by Jane Putland his Mother and next Friend, and others, are Appellants, and Sir Walter Burrows Baronet is Respondent:

Causes put off.

It is Ordered, That the Hearing the said Cause be adjourned to Monday next; and the other Causes on Cause-days removed in Course.

Adjourn.

Petras King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 5^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Day, to enter into Recognizance for O Hara.

The House was informed, "That Tully O Neile, Respondent to the Appeal of Charles O Hara Esquire, objected against one Mr. Riche's entering into a Recognizance for the said Appellant, pursuant to the Liberty allowed him by the House."

And it being thereupon moved, "That William Day of Fetter Lane, London, Gentleman, may be permitted to enter into the said Recognizance, instead of the said Rich:"

It is Ordered, That the said William Day may enter into a Recognizance for the said Appellant, as desired.

Putland & al. versus Burrowes:

After hearing Counsel, upon the Petition and Appeal of John Putland, a Minor under the Age of Twentyone Years, Eldest Son and Heir of Thomas Putland Junior late of the City of Dublin Merchant, deceased, by Jane Putland Widow, his Mother and next Friend; and of the said Jane Putland, Richard Helsham Doctor of Physic, Executors of the last Will and Testament of the said Thomas Putland; complaining of an Order, or Decree, of the Court of Chancery in Ireland, of the Fourth of December last, made on the Behalf of Sir Walter Burrows; and praying, "That the same may be reversed; and that the Order made the Twentieth of January 1719, for re-hearing the said Cause, on the Decree made the Twenty-third of February 1718, may be set aside; and that, according to the Prayer of the Appellant's Bill, the Master may proceed to state the Accompt on the Mortgage made by Sir Kildare Burrows to the Appellant John Putland's Grandfather; and that the said Sir Walter Burrows may be ordered to pay what shall be reported due thereon by a Day to be appointed; or that the said Sir Walter's Right, or Equity of Redemption, in the mortgaged Premises, may be for ever foreclosed:" As also upon the Answer of the said Sir Walter Burrows, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Court of Chancery in Ireland, of the Fourth of December 1724, complained of in the said Appeal, be, and is hereby, reversed; and that the former Cause and Proceedings in the said Court of Chancery, wherein the said Thomas Putland, the Appellant John's Father, was Plaintiff, and the Respondent Sir Walter Burrows Defendant, do stand revived; and that the Appellants have the Benefit thereof: And it is hereby further Ordered, That the said Court of Chancery do cause an Accompt to be taken, pursuant to the said Decree of the Twenty-third of February 1718, of what is due for Principal and Interest upon the said Mortgage; and that the said Court do likewise cause Costs to be taxed for the Appellants in the Original Cause, and on the Bill of Revivor; and that, if the (fn. 1) Respondents shall pay, or cause to be paid, what shall be so computed and reported due, for Principal, Interest, and Costs, at such Time and Place as shall be appointed by the said Court of Chancery, the Appellants shall, at the Respondent's Charge, re-convey the mortgaged Premises to such Persons as are entitled to a Redemption under the Mortgage Deed; but, in Default of Payment of the said Principal, Interest, and Costs, at the Time and Place to be appointed as aforesaid, the Respondent shall be, and is hereby, absolutely foreclosed of all Equity of Redemption of the said mortgaged Premises: And it is further Ordered, That the said Court of Chancery do give proper Directions in Pursuance of this Judgement.

Sir J. Trelawney's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees certain Manors, Lands, and Tenements, in the County of Cornwall, late the Estate of Sir Jonathan Trelawney Baronet (late Lord Bishop of Winchester), deceased, to be sold, for discharging certain Mortgages by him made thereof; and for other Purposes therein mentioned."

And 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. Godfrey and Mr. Bennet Junior:

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

Freemen of London, against Part of the Bill for regulating Elections there.

Upon reading the Petition of the Freemen of the City of London, whose Names are subscribed, on Behalf of themselves and their Fellow Citizens; praying to be heard, by their Counsel, against such Parts of the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City," by which the Petitioners think themselves aggrieved:

It is Ordered, That the said Petition be, and is hereby, referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by Counsel, according to the Prayer of the said Petition, under the former Restriction, "That no more than Two Counsel be heard against the said Bill, or any Part thereof."

D. of Kent's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the Estate of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in Lieu thereof," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

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

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Martis, 6^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

D. of Kent's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Estates of the most Noble Henry Duke of Kent, in the Counties of Hereford, Monmouth, and Gloucester, in the said Duke and his Heirs; and for settling his other Estates, in the Counties of Essex, Suffolk, Bedford, Hertford, Northampton, and Leicester, in Lieu thereof."

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. Bennet Senior and Mr. Bennet Junior:

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

Committee to view the Parliament office.

Lords Committees appointed to view The Parliamentoffice, with respect to what Conveniencies are therein, for the placing and safe keeping of the Records, Papers, and Writings, there deposited; and also to view the House belonging to the said Office, called The King's House, with relation to the Repairs thereof, and the Condition the same is now in; and report to the House.

Their Lordships, or any Three of them; to meet at the said Office To-morrow, at Eleven a Clock; and afterwards, when, where, and as often as, they please; and have Power, from Time to Time, to send for the Surveyor General and the rest of the Officers of His Majesty's Works, and such other Persons as the Committee may find Occasion.

Elections in London, to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

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

And the Lord Delawarr reported from the said Committee, "That they had made some Progress in the said Bill; and directed him to move, That they may have Leave to sit again."

Ordered, That, To-morrow Morning, at Ten a Clock, this House shall be put into a Committee again, to consider further of the said Bill; and that the Judges do then attend.

Shelterers for Debt in Wapping, &c. Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to prevent Violences and Outrages being committed by any Persons, under Pretence of sheltering themselves from Debt, or any Process of Law, within the Hamlet of Wapping, Stepney, or elsewhere within the Weekly Bills of Mortality:"

It is Ordered, That the House be put into a Committee thereupon on this Day Sevennight; and that the Judges do then attend.

Insolvent Debtors, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for Relief of Insolvent Debtors:"

It is Ordered, That the House be put into a Committee thereupon on this Day Sevennight; and that the Judges do then attend.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings are Appellants, and Mr. John Haldane is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Friday next; and that the other Causes on Cause-days be removed in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Aprilis, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 7^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Brown versus Gibbins.

This Day the Answer of Richard Gibbins, to the Appeal of Henry Brown and others, was brought in.

Berry versus Hunt.

Upon reading the Petition and Appeal of William Berry Esquire; complaining of a Decree of the Court of Chancery in Ireland, made the Nineteenth Day of February last, in a Cause wherein Edward Hunt Esquire was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed; and the Plaintiff's Bill dismissed, with Costs:"

It is Ordered, That the said Edward Hunt may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Thirteenth Day of May next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Elections in London, to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

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

And the Lord Delawarr reported from the said Committee, "That they had made some further Progress in the said Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That To-morrow Morning, at Ten a Clock, this House shall be put into a Committee again, to consider further of the said Bill.

Whereas To-morrow is appointed, for hearing the Cause wherein William Duff and Lesslie are Appellants, and David Earl of Buchan is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till To-morrow Sevennight; and the other Causes on Bye-days be removed, to come on in Course.

Mayor, &c. of Northampton, touching a Saving Clause in the River Nine Bill.

Upon reading the Petition of the Mayor, Bailiffs, and Burgesses, of the Town of Northampton; praying, That there may be a Saving Clause inserted in the Bill, intituled, An Act for making more effectual an Act passed in the Parliament holden in the Twelsth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable, for preserving the Mill and Works belonging to William Wykes Esquire:"

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, octavum diem instantis Aprilis, hora nona Auroræ, Dominis sic decernentibus.

DIE Jovis, 8^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Gloucester Poor, Bill.

Ordered, That the Lord Lechmere be added to the Lords Committees to whom the Bill for repealing an Act of Parliament made in the First Year of Her late Majesty Queen Anne, for the incorporating certain Persons, for the better providing for and setting at Work the Poor of the City of Gloucester, stands committed.

Elections in London, to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

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

And the Lord Delawarr reported from the said Committee, "That they had made some further Progress in the said Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That To-morrow, at Twelve a Clock, this House shall be put into a Committee again, to consider further of the said Bill; and the Lords to be summoned; and that the Judges do then attend.

Ordered, That the written Evidence, produced and read at the Bar, be laid on the Table; or in a Readiness to be produced before the said Committee, in order to be used as their Lordships may think fit.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings are Appellants, and Mr. John Haldane is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till Monday next; and that the other Causes on Cause-days be removed to come on in Course.

E. of Macclesfield's Answer to the Articles of Impeachment, delivered.

The Earl of Macclesfield presented to the House his Answer to the Articles of Impeachment exhibited against him by the House of Commons.

Which was read, as follows:

"The Answer of Thomas Earl of Macclesfield, to the Articles exhibited by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of Great Britain, in Maintenance of their Impeachment against him for high Crimes and Misdemeanors supposed to have been by him committed.

"The said Earl, saving to himself all Advantage of Exception to the said Articles, and of not being prejudiced by any Words or Want of Form in this his Answer; and also saving to himself all Benefit and Advantage of the Act for the King's most gracious, general, and free Pardon, herein after mentioned, and all Rights and Privileges belonging to him as One of the Peers of this Realm; for Answer to the said Articles, faith, That, he having for several Years executed the Office of Chief Justice in the Court of King's Bench, His Majesty, of His Royal Grace and Favour, was pleased, the Tenth Day of March One Thousand Seven Hundred and Fifteen to advance the said Earl to the Dignity of a Peer of this Realm, and created him Baron of Macclesfield; and, in regard to his Circumstances at that Time, was further pleased, for the better Support of that Honour, to grant to the said Earl the Pension of Twelve Hundred Pounds per Annum, in the Articles mentioned, payable at the Receipt of the Exchequer; and His Majesty was then likewise pleased to declare His Royal Intentions of giving to the said Earl's only Son, George Parker, for his Life, an Office of considerable Profit, when a proper Opportunity should offer: That, in the Beginning of May in the Year One Thousand Seven Hundred and Eighteen, he the said Earl was, by His Majesty's great Grace and Favour, appointed Lord Chancellor of Great Britain; and was sworn before His Majesty, in Council, the Fourteenth Day of that Month; when the following Oath, being the usual Oath of Lord Chancellor, was administered to him; (videlicet,)

"You shall swear, that you shall well and truly serve our Sovereign Lord the King and His People, in the Office of Chancellor of Great Britain; and you shall do Right to all Manner of People, Poor and Rich, after the Laws and Usages of this Realm; and truly you shall counsel the King, and His Counsel you shall lain and keep; and you shall not know nor suffer the Hurt or Disheriting of the King, or that the Rights of the Crown be decreased by any Means, as far forth as you may lett; and if you may not lett it, you shall make it clearly and expressly known to the King, with your true Advice and Counsel; and that you shall do and purchase the King's Profit in all that you may: All which you shall do to the best of your Skill and Knowledge, as God shall help you."

"And the said Earl at the same Time took the Oaths of Allegiance and Supremacy, but no Oath of Office besides that above set forth; and the said Earl doth admit that, during his Continuance in the said Office of Lord Chancellor, he did enjoy the usual Salary, Fees, and Profits, belonging to such Office; which, he says, are of much less Annual Value than they are generally (as he believes) esteemed to be; and that His Majesty was pleased to grant him the Salary or Allowance of Four Thousand Pounds per Ann. in the Articles mentioned, during such Time as he should continue to be Lord Chancellor; but the same is so far from being particular in the Case of the said Earl (as the said Articles would insinuate), that it is no other than what hath been for many Years past constantly granted to, and enjoyed by, his Predecessors in the said Office. And the said Earl doth likewise admit, that His Majesty did, of His Royal Grace and Bounty, sign a Warrant for Payment of the Sum of Fourteen Thousand Pounds, mentioned in the said Articles, to the said Earl, out of the Receipt of the Exchequer; whereof Two Thousand Pounds was the constant usual Allowance from the Crown to the Lord Chancellor, or Lord Keeper, for and towards the Expences in entering upon the said Office; and the Residue of the said Fourteen Thousand Pounds, over and above the usual Fees and Deductions upon Payment thereof, was His Majesty's Royal Munisicence to the said Earl; and the same was received by him accordingly. And the said Earl doth likewise, with the greatest Gratitude, own, that about the same Time, his said Son being then of a proper Age, and desirous to go Abroad to travel, His Majesty was pleased to grant to the said George Parker the Yearly Pension of Twelve Hundred Pounds, payable out of the Receipt of the Exchequer, during the joint Lives of His Majesty and the said George Parker, determinable upon His Majesty's granting to him the said George Parker, in Possession or Reversion, the Office of One of the Tellers of the Exchequer for Life, and his coming into the actual Possession thereof; and which, the said Earl likewise admits, has been since granted to his said Son; and that he came into the actual Possession thereof in or about July One Thousand Seven Hundred and Nineteen, whereby the said Yearly Pension is determined. And the said Earl faith, That, during his Continuance in the said Office of Lord Chancellor, or at any other Time, he never once had a Design, or View, or Wish, to raise to himself any exorbitant Gain or Profit; much less used, or ever thought of using, any unjust or oppressive Methods to extort or obtain any Sum whatsoever, as in the said Articles is suggested; but such Views and Practices are inconsistent with the whole Tenor of his Life and Actions; and in case it shall be thought proper for the said Earl to lay before your Lordships an Accompt of his Estate and Fortune, and of the considerable Sums of Money he has distributed for the Relief and Support of others, it will appear that he is not such a designing, avaricious, and oppressive Man, as in the said Articles he is represented. And the said Earl humbly hopes that he shall be allowed, in this his Answer, to distinguish between Acts themselves, and the Inferences drawn from them by the said Articles; and that whenever he admits any Fact, he may not be understood to admit that such Fact was by him done or committed upon such Motives, and with such Designs, or in such Manner, as is suggested in the said Articles; and with this Reservation, he answereth as followeth: By Way of general Answer to such of the said Articles as relate to the making any Present by Persons admitted to the Office of Masters in Chancery; the said Earl doth say, That the same has been long used and practised in the Time of his Predecessors in the said Office; and that such Presents have been reckoned amongst the ancient and known Perquisites of the Great Seal; and the making and accepting thereof has been notorious to all the World, and never before looked upon to be criminal, or complained of as such: And the said Earl humbly hopes, that the giving or receiving of a Present on such Occasions is not criminal in itself, or by the Common Law of this Realm; and that there is not any Act of Parliament whatsoever, by which the same is made criminal, or subject to any Punishment or Judgement, which can be prayed in this Prosecution. And the said Earl thinks himself obliged humbly to lay this before your Lordships, not only in his own Defence, but in Vindication of the Honour of so many great and excellent Men who have been his Predecessors in the said Office, and have all along done the same for which the said Earl is now complained of; and of others, having been Lords Chief Justices of the King's Bench and Common Pleas, Masters of the Rolls, and other Judges, who have likewise received Presents in Money upon the Admission of the several and respective Officers under them in several Courts of Justice; and who, the said Earl is assured, never apprehended themselves to be guilty of any Crime against any the good and wholesome Laws or Statutes of this Realm.

"To the First, Second, Third, Fourth, Fifth, Sixth, and Seventh Articles; the said Earl further faith, That, long before the Twenty-fourth of July One Thousand Seven Hundred and Twenty one, he did admit and swear Richard Godfrey, James Lightboun, John Borret, and Edward Conway, Esquires, into the Offices of Masters of the Court of Chancery; and every one of them did, freely and voluntarily, and of their own Accord, as former Masters had done to the Predecessors of the said Earl, send to the said Earl a Present upon Occasion of their respective Admittances, which the said Earl accepted: And that, after the said Twenty-fourth Day of July One Thousand Seven Hundred and Twenty-one, he did admit and swear William Kynaston, Thomas Bennet, and Francis Elde, into the Offices of Masters of the Court of Chancery; and faith, That every of the said Persons last named did, freely and voluntarily, and of their own Accord, in like Manner, send a Present to the said Earl, upon Occasion of their respective Admittances: But faith, That, it being pretended by the said Kynaston and Bennet, that they were by such Presents disabled from answering so much of the Money due from them to the Suitors of the Court, he the said Earl did, afterwards and before the Impeachment, deliver the Present so sent him by the said William Kynaston, being Fifteen Hundred Seventy-five Pounds, and also the Present so sent him by the said Thomas Bennet, being the like Sum of Fifteen Hundred Seventy-five Pounds, into the Court of Chancery, in open Court, to be applied for the Benefit of the Suitors, as the Court should direct; and that the said Earl retained of the Present so sent him by the said Francis Elde, no more than the Sum of One Thousand Eight Hundred and Fifty Pounds.

"VIII. To the Eighth Article; the said Earl further faith, That, in July last, the Office of One of the Masters of the said Court became vacant, by the Death of John Borret Esquire, who died intestate, but whether solvent or not he cannot say; but, upon Notice of his Death, the said Earl did at first desire Richard Godfrey Esquire, One of the Masters of the said Court, who had been very well acquainted with the said Mr. Borret and his Affairs, and afterwards the said Mr. Godfrey and John Bennet Esquire, another of the Masters of the said Court, to inquire into his Effects, and to take what Care they could about the same; who, after some Inquiry, informed the said Earl, "that they believed there would be no Deficiency;" and secured a considerable Part of the Effects of the said Mr. Borret; and entered a proper Caveat in the Prerogative Court, to prevent Administration being granted to any Persons who might embezzle the said Borret's Estate; and afterwards, at the Request of the said Earl, proceeded so far as to obtain a Sentence in the said Prerogative Court, for Administration to be granted, for the Benefit of the Suitors of the Court, to them the said Mr. Bennet and Mr. Godfrey; which was afterwards, upon their waiving thereof, granted to Mr. Paxton, as the said Earl believes: But the said Earl thought it proper and necessary to admit another Master in his Place, to carry on the Business of the Court, and to be entitled to demand the Effects of the Suitors from the Representative of the said Mr. Borret when One should be appointed; and therefore, about the Fifth Day of August last, did admit and swear Mark Thurston Esquire into the said Office, vacant by the Death of the said Borret; and the said Earl admits the said Mark Thurston did, upon that Occasion, freely and voluntarily, and of his own Accord, send a Present; whereof Two Thousand Pounds, and no more, were retained.

"IX. In Answer to the Ninth Article; the said Earl faith, That he believes Thomas Bennet Esquire, in this Article named, was possessed of the Office of Clerk of the Custodies, in the Article described, and that such Office is in the Gift and Disposal of the Crown, by Grant under the Great Seal; but denies that he did, at any Time, insist upon the Sum of One Hundred and Five Pounds, or any other Sum of Money, to permit or accept of the Resignation of the said Thomas Bennet, or did refuse to permit or accept thereof until the said Thomas Bennet had agreed to pay the same, or any other Sum on that Account: But faith, That although the said Office be usually granted by the Crown, yet it has always been looked upon to be the Right of the Lord Chancellors, or Lord Keepers, to recommend to that and other Offices under the Great Seal, and to approve and allow of the Deputies to execute the same; and, upon such Recommendations and approving of Deputies, have accepted Presents, and looked upon the same as their Right. And further faith, That there have been Two of such Offices granted in his Time; one of which appearing to him to be a Case wherein the Party had suffered great Hardship, the said Earl passed the same without any Present whatsoever, though the Office be of considerable Value; the other was the Case of Mr. Hamersley, in the Articles mentioned, in which the said Earl owns he did accept a Present.

"X. In Answer to the Tenth Article; the said Earl faith, The same is conceived in such general Terms, that it is not to be expected he should give any particular Answer thereto: However, he faith, That, during the whole Time of his being Lord Chancellor, he never once took any Money, Present, or Gratuity whatsoever, for or upon account of the naming, making, or admitting, any Officer whatsoever, other than before particularly named, except in the Cursitor's Office, where he owns he has done as was done by all his Predecessors before him.

"XI. In Answer to the Eleventh Article; the said Earl faith, That, the same not containing any particular Charge, he apprehends himself not obliged to give any particular Answer thereto; but however, in general, does say, That he never did admit any Person into the Office of a Master of the Court of Chancery, but who was either known to be of Substance and Ability, and fit to be trusted in such Office, or, upon a proper Inquiry, very well recommended to him as such; and whenever there have been several Candidates, the said Earl has constantly given the Preference to him that he thought would best discharge the Office, and most for the Honour of the Court, and the Advantage of the Suitors; and believes that he may, upon some Occasions, have declared, "That he thought the then Body of Masters as good, with respect both to their Estates and Ability for Discharge of the Office, and their Integrity, as had been at any Time before;" or to that Effect; and what he did say to that Purpose, he thought to be really true.

"XII. To the Twelfth Article; the said Earl faith, That if there was any such Practice as is mentioned in the Article, of paying for the Places of the Masters out of the Money and Effects belonging to the Suitors of the Court, he was totally ignorant of it; but admits, that he did not, nor did any of his Predecessors that ever he heard or believes, give any particular Directions for Schedules to be made of the Money and Effects of the Suitors of the Court, to be delivered over to the succeeding Masters; but believes that, in virtue of the general Order of Transfer, made of Course upon every Admittance, such Schedules were made between the new Masters and their Predecessors, or the Representatives of their Predecessors; and if the ill Consequences in the Articles alledged had followed from such Practice, or the not ordering such Schedule, which he does not admit, he insists that the same could not render him criminal.

"XIII. In answer to the Thirteenth Article; the said Earl faith, "That, after Christmas in the Year One Thousand Seven Hundred and Twenty, he was informed, "that the said Fleetwood Dormer had withdrawn himself to Holland, where he then was;" and thereupon the said Earl used all the properest Methods he could, for securing his Effects; and particularly directed Mr. Hiccocks and Mr. Rogers, the then Two Senior Masters of the Court, to make an Inquiry into his Affairs and Accompts, and to consider what would be most proper to be done: And the said Earl believes, that the said Two Masters, in Pursuance of the Directions from the said Earl, did search the Chambers of the said Fleetwood Dormer, in Lincoln's Inn, to see what Books, Accompts, or Effects, could there be met with; but found no Accompt whatsoever, nor any Effects of Value; and did put a Stop to the transferring of the Stock, then in the Name of the said Fleetwood Dormer, in any of the public Companies: And the said Fleetwood Dormer's Person being thus out of Reach, and his Accompts and Effects wholly unknown, except the Stock, which could not be disposed of without his Concurrence; a Proposal was some Time after made to the said Earl, "That the said Fleetwood Dormer might have a Promise of his Liberty from the said Earl; and upon that Condition he would come over, and assign all his Effects, and assist in getting them in, and settling and adjusting his Accompts:" And the said Earl, seeing no other Way open to get any Thing for the Suitors; and being made to believe that, if any Deficiency should happen, the same would be made up by the other Masters; did agree, that in case the said Fleetwood Dormer would come over, and make a full Discovery of all his Effects, and assign the same for the Benefit of the Suitors, he the said Earl would allow him his Liberty on that Condition, and not otherwise; and the said Earl was soon after informed, That the said Fleetwood Dormer submitted to those Terms, and would very soon come over, and discover and deliver up his Effects; and the said Earl did not doubt but the whole Debt upon the said Fleetwood Dormer would be paid. And the said Earl faith, That he does not remember that any Application was ever made to him, by the said Masters of the said Court, for any Assistance of the Court, touching the Person or Effects of the said Fleetwood Dormer, but what he granted, so far as he thought it tended to the Benefit of the Suitors; and believes that no Application was ever made to him by the Suitors, or any of them, or any other, to secure the Person of the said Fleetwood Dormer, or for compelling him to make Satisfaction to the Suitors. And the said Earl faith, That he never endeavoured to conceal the true State and Condition of the said Office from the Suitors of the Court; nor did any of them apply, till very lately, to the said Earl to look into the same. And further faith, That he remembers nothing of his ever using any such Expression as is charged in the said Article, at any Time before or after he knew that the said Fleetwood Dormer absconded.

"XIV. To the Fourteenth Article; the Earl faith, That Henry Edwards Esquire, in this Article mentioned, succeeded to the Office of Mr. Dormer, about the Eighteenth Day of May One Thousand Seven Hundred and Twenty-one; but, by reason of the Disorder the said Office was then under, and the great Danger of a Loss therein, the Earl had given up and quitted all the Advantage which might accrue to him upon the Disposal thereof, and lest it entirely to the other Masters to raise what Money they could thereby; which was agreed to be all applied towards making good any Deficiency, or Loss, which might happen to the Suitors of the Court concerned in that Office; and thereupon the Sum of Five Thousand Pounds was raised, by the Disposal of the said Office to Mr. Edwards, and was applied accordingly: And the said Earl believes the Debt from William Wilson, in this Article mentioned, was assigned by the said Mr. Dormer to the said Mr. Edwards in Trust, and to the Intent that he should pay, apply, and dispose of the said Debt, or such Part thereof as should from Time to Time be by him got in and received of and from the said William Wilson, in such Manner as the Court should order and direct, or to that Effect; after which said Assignment so made, the Earl believes that the said Mr. Edwards used great Endeavours to obtain Payment and Satisfaction of the said Debt from Mr. Wilson; but, finding all his Endeavours fruitless, and that the said Wilson had long before stopped Payment, and was in no Condition of paying his Creditors the Whole of their Debts, but that he was willing and had offered to come to a Composition, and to pay them in Proportion the utmost he was able; the said Mr. Edwards thereupon, about the Thirtieth Day of June in the Year of our Lord One Thousand Seven Hundred and Twenty-two, preferred his Petition to the said Earl, as Lord Chancellor, setting forth in Substance the State of the Case, as before mentioned; and praying, "That it might be referred to One of the Masters of the Court, to see if such Composition, so proposed by the said William Wilson, were for the Benefit of the Persons entitled to receive the same;" and the same was accordingly, by Order of the said Earl, referred to Mr. Hiccocks, the then Senior Master of the Court, to inquire into, and make his Report therein: And about the Six and Twentieth Day of July then next following, the said Mr. Hiccocks made his Report, "That the said William Wilson had, under his Hand, in Writing, proposed to assign over to the said Mr. Edwards, as a Composition for, and in full Discharge of, the Sum of Twentyfour Thousand Forty-six Pounds, and Four Shillings, therein mentioned to be due and owing from him to the said Mr. Edwards as Assignee of the said Mr. Dormer, the Sum of Ten Thousand Pounds, Part of a large Sum due to the said William Wilson from Edward Poulter of Hackney Gentleman, in this Article mentioned; and to pay the said Mr. Edwards in Specie the Sum of One Thousand Four Hundred Sixty-three Pounds, Two Shillings, and One Penny, over and above the Sum of Five Hundred and Sixty Pounds then already paid to the said Mr. Dormer, in Part of the said Composition; and that, upon Consideration had of the Circumstances of the said William Wilson, and the said several Matters, he was of Opinion, that the accepting the said Composition would be for the Benefit of the Person or Persons entitled to receive the same." Upon which said Report, the said Mr. Edwards, about the Third of August then next, preferred another Petition to the said Earl, with the said Report annexed; and thereby expressly prayed the said Earl to order him the said Mr. Edwards to accept of the said Composition: Whereupon the said Earl, in a proper and usual Manner, ordered the same as prayed. And the said Earl faith, That he was informed, and believes, that the said Composition was made and agreed to, upon a Consultation of all or most of the Masters of the said Court, who, the said Earl did believe, would use their best Endeavours to get as much as they could; and the said Earl faith, he hath heard, and believes it to be true, that, besides the One Thousand Four Hundred Sixty-three Pounds, Two Shillings, and One Penny, then paid down, there hath been since got in by Mr. Edwards, on account of the said Debt from Edward Poulter, the Sum of One Thousand Pounds, or thereabours; and that, at the Time of the said Assignment, the said Debt, claimed by Wilson from Poulter, was a just Debt, and Judgement at Law has been since obtained for Eighteen Thousand Pounds, Part thereof; and the said Poulter was looked upon to be a substantial Person, though, to avoid Payment of the said Wilson's Debt, which arose on account of their Dealings in South Sea Stock and Subscriptions in the Year One Thousand Seven Hundred and Twenty, the said Poulter not only brought his Bill in Chancery, but, after the same was dismissed, and that he was taken in Execution at Wilson's Suit at Common Law, he found Means to make his Escape out of the Custody of the Marshal of the Court of King's Bench, and to get over to France or Holland, where he still continues, as the Earl is informed; but he is likewise informed, that, after the said Escape, a Commission of Bankruptcy was taken out against him by the said Wilson, upon which some Effects were recovered; and likewise an Action at Law brought, and a Verdict and Judgement for Eighteen Thousand Pounds and upwards, obtained by the said William Wilson against the Marshal, on account of the said Escape; and faith, he hath likewise been informed, That the said Edward Poulter and the Marshal have each of them offered considerable Sums of Money, by Way of Composition for the said Debt; but the said Wilson, from a Persuasion of the Abilities of the said Edward Poulter to pay the Whole, did at first refuse any Composition with the said Poulter, and since hath been afraid to make any Composition either with Poulter or the Marshal; and what may be the Consequence thereof with regard to the Suitors of the Court, or what further Sums of Money may be recovered upon account of the said Debt, towards making them Satisfaction, the Earl faith, he cannot with any Certainty take upon him to answer.

"XV. To the Fifteenth Article; the Earl faith, That, about the Month of February in the Year of our Lord One Thousand Seven Hundred and Twenty, he gave Orders to his Secretary, to write to the several Masters of the Court of Chancery, to bring in their Accompts of the Cash, Effects, and Securities, in their Hands, belonging to the Suitors of the Court; and believes he did so; but denies that the same was done with any unjust Purpose, or with any Thought to terrify the said Masters to make any Contribution towards satisfying the Demands upon the said Office of Fleetwood Dormer; but believes, what they did contribute they paid freely and voluntarily, and out of their own Money; and therein, as the said Earl believes, did no more than follow a Precedent of the like Nature, on the Failure of Dr. Edisbury, formerly a Master of the said Court. And the said Earl faith, That his real and whole Intention, in calling for the said Accompts, was to inform himself, in the best Manner he was able, of the State and Condition of the several Offices, and thereby to be the better able to make proper Regulations concerning the same: And therefore, though the said Article seems to insinuate as if the calling for the said Accompts was dropped as soon as the Masters were prevailed on to contribute; the said Earl faith, That afterwards, and without any Regard thereto, he still continued to call for the said Masters Accompts; and, not sinding them brought in as he expected, he did, about the Beginning of November following, cause another Letter to be sent to them, requiring them to bring in their Accompts; and, by both the Letters sent to them on that Occasion, he directed the particular Method in which he would have their Accompts made up; but the said Earl, being afterwards convinced how difficult and tedious a Work it would be, and what Obstruction it would give to the Business of the Court, and that at last it could not be depended upon with any Certainty, was forced to lay aside that Design, and to content himself with going on in the same Road which his Predecessors had done; and humbly begs Leave to observe, That what has been lately done, with respect to the Accompts of the said Masters, plainly shews the insuperable Difficulties of such an Undertaking.

"XVI. To the Sixteenth Article; the Earl saith, That he believes that, on or about the Seventeenth of March One Thousand Seven Hundred and Twentythree, such Order was made, as in the said Article is mentioned, for Henry Edwards Esquire to pay Elizabeth Chitty One Thousand Pounds, Part of the Money formerly brought before Mr. Dormer; but does not remember that the said Henry Edwards made any Complaint thereof to the said Earl; but believes Mr. Edwards, not having then sufficient Effects of Mr. Dormer's in his Hands, refused Payment thereof; and that, in July following, Mr. Lochman, in the Articles named, applied himself to the said Earl several Times, and in a very earnest Manner, to help the said Mrs. Chitty to the said One Thousand Pounds; alledging, "that he the said Mr. Lochman was to marry her; and that he had made a Composition with his Creditors, upon which One Thousand Pounds was to be paid in a very short Time, which he then mentioned; and that he the said Mr. Lochman was to have the said One Thousand Pounds for that Purpose; and that, if he had it not by the Time, the Composition would be void, and he should be utterly ruined;" and at length the said Earl, being greatly moved by the pressing Importunities of the said Mr. Lochman, and by Compassion for the very great Distress in which he then appeared to be, did promise to supply him with the said One Thousand Pounds, out of his own Pocket; and accordingly directed Mr. Cottingham, then his Secretary, to pay it, taking from the said Mrs. Chitty an Assignment of the Benefit of the said Order; and believes the same was done accordingly; and that, upon Mr. Lochman's pressing for a further Sum for the said Mrs. Chitty, for her own Use, the said Earl might tell him, "that the said One Thousand Pounds was all that he must expect from the said Earl;" and the said Earl does not believe that he had any Discourse with the said Masters, to persuade them to pay the said One Thousand Pounds to Mr. Lochman.

"And as to the last Branch of the said Article; the said Earl saith, That the Fact was, that one Jackman having, in the Cause in the Article mentioned, been consirmed the best Purchaser of Part of the Estate of T. Harper, at the Price of Two Hundred and Sixty Pounds, so long ago as the Nineteenth of December One Thousand Seven Hundred and Seventeen; and it being at the same Time ordered, "That the Writings belonging to such Estate should be delivered to his Counsel, and that the Tenants should attourn to him, on his bringing his Purchase-money before Mr. Dormer, then One of the Masters;" and the said Money having been brought before the said Master the Twenty-fourth Day of December One Thousand Seven Hundred and Seventeen, and the Tenants having attourned to Jackman; but the Conveyances not being then executed, though long before approved; a Motion was made in the Court of Chancery, before the said Earl, on the Fifth Day of December last, "That all Parties might execute the Conveyances, and the Two Hundred and Sixty Pounds be paid to the Plaintiff, towards Satisfaction of a Demand she had out of the Estate of the said Harper;" and those that were to have the Residuum of the said T. Harper's Estate insisted, "that they were always ready to join in the Conveyances, if the Purchase-money were applied to discharge the rest of the Estate; that they were apprehensive of a Deficiency of Mr. Dormer's Estate; and therefore neither they nor the Plaintiff ought to be Sufferers by such Deficiency, the Delay having been occasioned by the Purchaser, and not by the Plaintiff; and therefore scrupled executing the Deeds, unless upon Payment of the Money to the Plaintiff, and discharging the rest of the Estate therefrom:" And this being the First Time that any Quesstion relating to Mr. Dormer's Deficiency had been laid before the Court by any of the Suitors, the said Earl took Notice of its being so; and believes he might express himself to this Effect, "That he had indeed heard of the said Dormer's Deficiency; but that it had never yet come judicially before him, upon Complaint of any of the Suitors of the Court;" and further declared, That if there should be any Deficiency in his Office, several Circumstances had concurred thereto, as Wilson's the Banker's stopping Payment, greatly indebted to him; Poulter's going away in Wilson's Debt Eighteen Thousand Pounds and upwards, after a Verdict and Judgement at Law, and Poulter in actual Execution for it; and that, as he had heard, Wilson had then lately brought an Action of Escape against the Marshal, and recovered a Verdict against him for the like Sum; and how all these Matters would at last come out, the said Earl said, he did not know;" or he expressed himself to that Effect, and no other; and thereupon ordered, "That it should be reserred to Mr. Edwards, to examine whether the said Two Hundred and Sixty Pounds was deposited with Mr. Dormer for the Benefit of any particular Person, and whom and what was the Occasion of the Delay, that the said Conveyances were not executed, and the said Two Hundred and Sixty Pounds Purchase-money paid out, before the Year One Thousand Seven Hundred and Twenty; and whether there was likely to be a Loss of any Money deposited with the said Mr. Dormer; and that upon the Master's Report, such further Order should be made, as should be just." And the said Earl hopes the said Order was very proper and necessary; and takes the Liberty of representing to your Lordships, that this was after the Accompts of the Masters had been laid by the said Earl before the Lords of the Council, and had been for some Time under the Consideration of the Judges, and others, appointed by His Majesty to inspect the same.

"XVII. To the Seventeenth Article; the Earl saith, That he never endeavoured to conceal the Deficiency occasioned by Mr. Dormer's Failure; but, as the said Earl was under a full Persuasion that the same would all in due Time be made good; and as Mr. Dormer's Effects were coming in by Degrees, and no Application was made to him, by any of the Persons concerned, to put a Stop to or any Restraint upon the Payments; he did not think it incumbent upon him, ex Officio, to make a Declaration of an Average: And the said Earl saith, That he does not know that any Order was made by him, for Mr. Edwards to pay any Money that had been lodged with Mr. Dormer, except the Order aforementioned in the Case of Chitty; but believes several Orders have been made by the Court for that Purpose; and that the said Mr. Edwards, under a firm Persuasion that the whole Deficiency would be made good, paid out the whole Sums so ordered, so far as the Money then in his Hands would extend.

"XVIII. To the Eighteenth Article, the said Earl saith, He never knew how the Masters kept or disposed of the Money and Essects belonging to the Suitors of the Court; and as he believes that after Dr. Edisbury's Failure the then Lord Chancellor, so he knows that after Mr. Dormer's Misfortune the said Earl, thought of several Methods to prevent any Inconvenience upon the like Accident for the future; but they had both the same Misfortune, not to bring any of them to such Perfection, as to venture to put them in Practice.

"That several Proposals were made to him by the Persons he consulted upon that Occasion, but none that, he believes, it will be held criminal not to have then established. Some Things were proposed that he thought impracticable, some insufficient, some inconsistent with that compleat Regulation he hoped to make. The Objects he proposed to himself were, to provide for whatever Deficiency might happen in the Office late of Mr. Dormer, to secure the Suitors from any future Loss, and to make several Regulations relating to the Offices of the Masters; and he thought these would be best done together; nor had he perfected the Scheme of any one of them to his own Satisfaction; he remembers no Proposal, that he thought would take it totally out of the Power of the Masters to dispose of the Securities or Effects, or effectually secure the Cash. The said Earl admits, that he did not demand any Security to be given by any of the said Masters at the Time of their Admittance, because it had not been done by his Predecessors, who were much wiser Men than himself; nor was he so much as asked, by any of the Parties interested, so to do: As to what the said Earl did with relation to the Accompts of the said Masters, he hath already set forth; and saith, That he gave no Permission nor Encouragement to the Masters of the Court, to employ or traffick with the Suitors Money for their own Gain or Profit. He owns that, with respect to the Securities in the Hands of the Masters, he made no general Order; and thinks it the less material, because, notwithstanding what is alledged in the Close of this Article, he believes all the present Masters did, in December last, produce all the Securities in their Hands, and the Court of Chancery hath since secured the same for the Benefit of the Suitors.

"XIX. To the Nineteenth Article; the said Earl saith, That, upon great Consideration of Mr. Dormer's Deficiency, and of the Danger there might be of further Inconveniencies with relation to the Money and Effects in the Hands of the Masters, and of several Disputes and Differences that had arisen in the Court of Chancery, and of some Applications of the said Masters for establishing them in their just Rights, and of some Practices of the Masters which the said Earl thought ought to be reformed; he was convinced, that the same was a Work of too great Consequence for him singly to attempt; and, being highly sensible of His most Sacred Majesty's Paternal Goodness to His People, did presume humbly to beseech His Majesty, as the Fountain of Justice, to depute some of His most Honourable Privy Council, to take the Matters aforesaid into Consideration, in order to the establishing such Regulations, as might tend to the Honour of that High Court, and to the Advantage of His Majesty's Subjects being Suitors there; which Request His Majesty, out of His wonted Goodness, was pleased to receive very graciously, and named several Lords, and other Honourable Persons of His Privy Council, to be a Committee, to take the same into Consideration; and, pursuant to His Majesty's Command, the said Committee met, and began with the Accompts of the said Masters; wherein the said Earl begs Leave to appeal to such of your Lordships who attended in that Committee, whether he did not contribute to the utmost of his Power, to have every Thing done which the said Committee thought expedient: And the said Earl faith, That he made all such Orders as were by them judged requisite; and so pressed the Execution thereof, that not only the Accompts of all the Masters then in being were brought in, but all the Securities in all their Hands; and the Cash of most of them were actually lodged in the Bank of England; and therefore the said Earl is greatly surprized to find himself charged with obstructing the taking those Accompts, which he had thus desired might be taken, and contributed to the taking of them with all his Power: And the said Earl saith, That he never thought of preventing a Parliamentary Inquiry, any otherwise than by making it unnecessary, and procuring to the Suitors a full Redress of all their Grievances, and rectifying whatever he found amiss; and that he looked upon to be his Duty; and begs Leave to say it here once for all, in Answer to all the several Insinuations of that Kind contained in the Articles.

"And the said Earl further saith, That, while the said Accompts were taking, every One of the said Masters declared over and over, "That they had Effects sufficient to answer their whole Accompts;" and the said Earl firmly believed the same to be true; and as all of them that he saw (which he believes were all, or at least all but Mr. Kynaston) had told the said Earl, "That they were able to answer their Accompts;" and when they brought their Accompts to the said Earl, for him to lay before the said Committee, Mr. Holford had wrote under his Accompt some Declaration to that Effect; and some others of them, as he remembers, had made Use of some other Expressions, which he thought not so proper, and some, as he believes, had wrote nothing (but he cannot distinguish the Persons): And the said Earl thinking that, when the said Accompts came to be laid before the Committee of Council by him, it would be proper that the same Thing should be declared to the Committee, which had been said to him singly; he advised them all to write the same Words under their Accompts; and did tell them, in great Sincerity and Friendship, "That, at a Time when so many Mens Mouths were open against them as insolvent, it would be for their Honour and Interest to make it appear that they were able and sufficient, as he then believed them to be;" but never thought of a Contrivance to have them deceitfully appear or seem what they really were not; and he says, they did then withdraw to make the Subscription, or at least so many of them whose Accompts were then ready, and soon after delivered them to the said Earl, who carried them with him to the Committee of Council, whither he was then going, without looking upon them; but, upon reading them at the Council, it was observed, that they had not all used the same Words, having varied considerably; but what any of the Subscriptions were, he cannot take upon him to set forth.

"And the said Earl further saith, That a subsequent Order being made by the said Earl, for the said Masters to produce their Securities and their Cash, before the Persons appointed to inspect their Accompts, they made great Complaint, that so many Hundred Thousand Pounds should be required at so short a Warning; and some of them, saying, "that though they had Effects sufficient, and could raise the Whole if they had a little Time," desired the said Earl to allow them further Time for that Purpose: But the said Earl saith, That he required them to bestir themselves, and raise it immediately, telling them, "that, since they had Effects to give Security, they might find Friends to furnish the Money;" and believes he did say, "That some of their own Brethren might perhaps be able to let them have Money, till they could raise it another Way."

"But if any of them did supply others with Cash or Effects to produce, only to make a false Shew and Appearance of their Ability and Readiness to answer the Balance of their Accompts, the said Earl knows nothing of it, and is sure they had not the least Encouragement from him so to do.

"XX. To the Twentieth Article; the said Earl saith, That it never entered into his Thoughts to make Use of, nor did he ever make Use of, any of the Money belonging to the Suitors of the Court, for his own private Advantage; but believes that, in December One Thousand Seven Hundred and Twenty, having Occasion for the Sum of One Thousand Five Hundred Pounds, and asking his Secretary Mr. Cottingham "Whether he could lend him the same?" he said, "He could not, but would procure it for him;" and accordingly borrowed the same from Mr. Godfrey, One of the Masters of the said Court; and the said Earl gave his own Note for Payment thereof to the said Mr. Godfrey; and in February following re paid One Thousand Pounds, Part of the said Principal Sum; but in the same Month of February One Thousand Seven Hundred and Twenty, upon a fresh Occasion, borrowed again Part of the said One Thousand Pounds so paid back, and a Note or Notes were given for the Payment thereof; and some Time after, the said Earl ordered the whole Money borrowed of the said Mr. Godfrey to be paid, with all the Interest due for the same; and the said Godfrey received the Principal, but would not be prevailed upon to take the Interest, or any Part thereof: And the said Earl saith, That all the said Money was re-paid within the Compass of a Year after it was borrowed; and the said Earl declares, That he never received or borrowed any Sum or Sums of Money whatsoever of any of the Masters of the said Court, except as above set forth.

"XXI. To the One and Twentieth Article; the said Earl saith, That, upon the strictest Review of his own Behaviour during the Time he had the Honour of serving His most Sacred Majesty in the Office of Lord Chancellor, he is not conscious to himself that he ever did, in any illegal or arbitrary Manner, extend his Power, or the Power of the Court, beyond their lawful and just Bounds; or that he did arbitrarily or illegally assume to himself, as Lord Chancellor, or by Colour of his Office, any unjust and unlimited Power of dispensing with, suspending, or controuling, the Laws or Statutes of this Realm; or that he any Ways oppressed the Suitors of the Court, or was guilty of any Breach or Violation of the Rights or Liberties of the Subject, or of his own Oath as Lord Chancellor: And with regard to the particular Complaint against him in this Article; the said Earl saith, That Rachel Tyssen, in the Article named, as the Earl is informed, caused a Bill to be exhibited in the Court of Chancery, in the Name of her Son and Daughter, in the said Article likewise mentioned, by their prochein Amie, against herself, and the said John Tyssen and others, to have the Trusts in the Will of her late Husband duly performed; and the same was brought to Hearing, at The Rolls, the Seventh Day of July One Thousand Seven Hundred and Eighteen; and, by the Decree then made, it was, amongst other Things, ordered, upon the Prayer (as the said Earl hath heard and believes) of the Counsel employed by the said Rachel Tyssen, "That a Receiver should be appointed, of the Rents and Profits of the Real Estate, who was to have a Salary allowed him, and Power to let and set the said Estate, as there should be Occasion, with the Approbation of the Master to whom the Cause was referred:" And the said Earl saith, That, in Execution of that Part of the Decree which directed a Receiver to be appointed, the Master having certified, "That he had appointed John Nicholas Esquire to be the Receiver of the Rents and Profits of the said Estate;" the said John Tyssen, thinking himself aggrieved thereby, did, in the usual Course of Proceedings in the said Court, cause Exceptions to be filed against the same; and, upon the arguing thereof before the said Earl by Counsel of both Sides, Affidavits were read, to shew "that the said John Nicholas was an improper Person; that the said Testator had declared in his Life-time, that the said John Nicholas, by Name, should not have any Thing to do with the Management of his Estate; and that a considerable Part thereof consisted in old Houses and Water-works." And the said Earl, upon a full Hearing of both Parties, was of Opinion, that the said John Nicholas ought not to be appointed the Receiver; and, upon the Proposal of the said John Tyssen, then in Court, ordered Robert Doyley Esquire to be Receiver, he giving Security to be approved of by the said Master; which Order was made, as he believes, on the Fifteenth of January in the Year One Thousand Seven Hundred and Eighteen, and affirmed upon the re-arguing the same Exceptions on the Sixth of March One Thousand Seven Hundred and Eighteen; since which Time, the Parties interested have never thought fit to complain thereof to your Lordships by Appeal, in order to have it reversed, as mistaken or unjust, though now the making thereof is complained of as a Crime. And the said Earl is not ashamed to own, that he was very well acquainted with the said Robert Doyley for some Years before the said Order, and believed him to be a Person of great Honour and Integrity, Application and Exactness; and believes there are several Persons of Distinction, to whom he had the Honour to be known, who had the same Opinion of him; but the said Earl did not appoint him Receiver because of his own Respect for him, but because he was named by the said John Tyssen, who was Uncle of the said Infant, and Executor of his Father's Will, in Trust for him, and by the same Will appointed his Guardian, in case of his Mother's Death or Marriage, and to whom the said Testator had devised the said Estate in case of the Death of the said Infant without Issue Male, and whose Interest it therefore was to take Care of the Infant's Interest in that particular; and the said John Tyssen and Sir Cæsar Child (whose Daughter the said John Tyssen had married) had such Confidence in him the said Robert Doyley, that, upon the Eighteenth Day of March One Thousand Seven Hundred and Eighteen, they entered into a Recognizance, together with him, in the Penalty of Seven Thousand Pounds, for the said Robert Doyley's duly accompting for and paying the Money he should receive out of the said Infant's Estate: And the said Earl saith, That no Complaint was ever made to the said Earl against the said Robert Doyley to the Time of his Death; but he owns that he hath heard, that, upon the Masters stating the Accompts since Christmas last, there does appear due from the said Robert Doyley about Two Thousand Five Hundred Pounds, or Two Thousand Six Hundred Pounds; but believes there is not any Fear or Doubt but that the same is very well secured by the said Recognizance.

"And the said Earl saith, That he does not remember the particular Expressions used by the Counsel, or himself, upon arguing or re-arguing the said Exceptions; but he cannot believe that any Counsel of great Ability and Experience in the said Court would have thought what the said Earl did extraordinary, much less would have used such an Expression to the said Earl as in the Articles, which is an indecent Censure of his Proceedings; and here being a Decree in this Case, approved of by all Parties, "That a Receiver should be appointed to receive the Rents and Profits of the Infant's Estate," the said Earl is at a Loss to understand how the fixing on the Person to be the Receiver, upon good Security to accompt for and pay the same for the Infant's Use, is reviving the Court of Wards, whese Business it was to take the Rents and Profits of the Infant's Estate for the King's Use, without accompting for any of them to the Infant, but barely providing a Maintenance for him, at the Discretion perhaps of some Grantee of the Custody.

"Thus the said Earl has laid his Case before your Lordships; and doth further, for Answer to all the said Articles, say, That he is not guilty of all or any of the Matters contained in the said Articles, or any of them, in Manner and Form as they are therein charged against him: And the said Earl doth further insist upon the Benefit of His Majesty's most gracious and general free Pardon, granted to all His Subjects (not therein excepted), in and by an Act of Parliament for that Purpose made, in the Seventh Year of His Majesty's Reign, in Bar of, and in his Defence against, his said Impeachment, and the said Articles exhibited in Maintenance thereof, and all and every the Proceedings thereupon, so far as the same extend to any Neglect, Offence, or Misdemeanor, or supposed Neglect, Offence, or Misdemeanor, or any other Act, Matter, or Thing, suffered, done, or committed, or omitted, by him the said Earl, before the Four and Twentieth Day of July in the Year One Thousand Seven Hundred and Twenty-one; and doth humbly insist, that no Evidence ought to be given against him, for or concerning any of the Matters or Things aforesaid, in and by the said Act pardoned, or any of them; and doth aver, that he is not within any of the Exceptions in the said Act contained.

"Macclesfield."

Proccedings on Impeachments reported:

The Lord Delawarr reported from the Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors: "That the Committee have inspected the Journals of this House, as to the said Proceedings; and find, that the Method has been, on delivering in of an Answer to Articles of Impeachment, to order a Copy thereof to be prepared; and, after the same hath been carefully examined by the Clerk, it be sent by Message to the House of Commons; and that, upon the Replication of that House to such Answer, the Lords have always appointed the Time and Place of Trial."

Which Report being read by the Clerk:

Copy of the Answer to be sent to H. C.

It is Ordered, That a Copy of the said Answer be prepared; and when the same hath been carefully examined by the Clerk, it be sent by Message to the House of Commons.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

E. Macclesfield's Answer sent to the Commons.

The House being informed, "That a true Copy of the Answer of Thomas Earl of Macclesfield, to the Articles of Impeachment for high Crimes and Misdemeanors exhibited against him by the House of Commons, was prepared, pursuant to the Direction of the House:"

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

To carry down the Copy of the said Answer; and to leave the same with that House.

D. Montagu's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Francis Worley had put Sheep into a Sheep-walk belonging to John Duke of Montagu, in the County of Northampton, within the Time of Privilege of Parliament, in Breach of his Grace's Privilege, and the Privilege of this House."

Worley attached, for putting Sheep into his Sheepwalk.

It is thereupon Ordered, That the Serjeant at Arms attending this House do forthwith attach the Body of the said Francis Worley, for his said Offence, and keep him in safe Custody till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Elections in London, to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government, of the said City."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow, at One a Clock.

Ly. Holford's Charity, Bill:

The Lord on the Woolsack acquainted the House, That the Lord Chief Justice of the Court of King's Bench had a Report to deliver in from the Judges to whom the Petition of the Most Reverend Father in God William Lord Archbishop of Canterbury, and of Simon Lord Viscount Harcourt, and Christopher Appleby Gentleman, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned."

And thereupon the said Lord Chief Justice delivered in the said Report; and signified to the House the Nature of the Matters contained in the Bill; and that their Lordships Standing Orders had been duly complied with.

And after reading, and considering, the said Report:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest the Real Estate of Dame Elizabeth Holford, deceased, in the Parish of St. Olave's Hart-Street, London, in Christopher Appleby Gentleman, and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by her Will."

Inhabitants on River Nine, for the Bill.

Upon reading the Petition of the Inhabitants and Owners of several Houses and Lands near or adjoining to the Banks of the River Nine, or Nen, in the County of North'ton; praying, "That the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable," may pass, without any Alteration:"

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, decimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 10^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Ly. Holford's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest the Real Estate of Dame Elizabeth Holford, deceased, in the Parish of St. Olave's Hart-Street, London, in Christopher Appleby Gentleman, and his Heirs, for the better enabling him to sell the same, towards the Discharge of the charitable and other Legacies given by her Will."

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

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

D. of Buckingham's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Edmund Duke of Buckinghamshire and Normanby to make Leases (with the Consent of his Guardian and Trustees) of the Manors, Lands, and Estate, therein mentioned," was committed: "That the Committee 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. with it.

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

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

River Nine navigable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for making more effectual an Act passed in the Parliament holden in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for making the River Nine, or Nen, running from Northampton to Peterborough, navigable."

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

And the Lord Delawarr reported from the Committee, "That they had made some Progress in the Bill; and directed him to move, That they may have Leave to sit again."

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

Elections in London, to regulate, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for regulating Elections within the City of London, and for preserving the Peace, good Order, and Government, of the said City," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice by the Clerk; and severally agreed to by the House, with some Amendments to the Clause (B); and are as follow:

"Press 7. Line 25. After ["Parliament"], add Clauses marked A and B."

"Clause (A). ["And be it further Enacted, by the Authority aforesaid, That, after any Election made, and Scrutiny taken, as is herein before provided and directed, the Presiding Officer or Officers at such Election and Scrutiny shall deliver, under his or their Hand or Hands, a true List of the Voters by him or them disallowed, upon such Scrutiny, to any of the Candidates who shall, upon the final Declaration of the Election as aforesaid, demand the same, within Six Days after such Demand made, such Candidate paying for the same: Provided always, That no such List as is hereby directed to be given, nor any Thing therein contained, shall be admitted to be given in Evidence, on any Action or Occasion whatsoever."

"Clause (B.) ["And be it further Enacted, by the Authority aforesaid, That the Mayor of the City of London for the Time being, upon Request to him made by any Candidate or Candidates, his or their Agent or Agents, at any Election of a Citizen or Citizens to serve in Parliament for the said City, or of a Mayor, or any other Officer or Officers to be chosen by the Liverymen thereof, where a Scrutiny is demanded and granted, shall issue his Precepts, as has been usual, requiring the Masters and Wardens of the Livery Companies of the said City, respectively, to cause their Clerks forthwith to return to him Two true Lists of all the Liverymen of their respective Companies; and the said Clerks shall return such their respective Lists, upon Oath, within Three Days after the Receipt of any such Precepts; One of which Lists, so returned, the said Mayor shall and he is hereby required forthwith to deliver, or cause to be delivered, to the Candidate or Candidates on each Side at such Election, or to his or their Agent or Agents respectively."

"Press 8. Line 10. Leave out from ["Election"] to ["and"], in the 20th Line of the same Press; and add a Proviso marked (C.)"

"Clause (C.) ["Provided also, and for the better ascertaining what are the Rates and Taxes to which such Householders ought to contribute, and pay their Scot, the same are hereby declared and enacted to be a Rate to the Church, to the Poor, to the Scavenger, to the Orphans, and to the Rates in Lieu of or for the Watch and Ward, and to such other Annual Rates as the Citizens of London inhabiting therein shall hereafter be liable unto; other than and except Annual Aids granted, or to be granted, by Parliament: And in case any such Householder, within the Space aforesaid, shall have been rated and charged, and contributed and paid his Scot, to all the said Rates or Taxes, or Thirty Shillings a Year to all or some of them, except as aforesaid, every such Person shall be deemed and taken to be a Person paying of Scot."

Ordered, That the said Bill be read the Third Time on Tuesday next; and the Lords to be summoned; and that the Judges do then attend.

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings are Appellants, and Mr. John Haldane is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday next; and that the other Causes on Cause-days be removed in Course.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum tertium diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes