House of Lords Journal Volume 21: March 1721, 11-20

March 1721, 11-20

DIE Sabbati, 11^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mayor of Coventry & al versus Attorney General & al.;

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Mayor, Bailiffs, and Commonalty, of the City of Coventry; complaining of a Decree of the High Court of Chancery, of the Fourth of March One Thousand Seven Hundred and Eleven, and the Proceedings thereupon, in a Cause wherein His Majesty's Attorney General, at the Relation, and on the Behalf, of the Inhabitants of the City of Coventry, and of the Towns of Northampton, Leicester, Nottingham, and Warwick, was Plaintiff, and the Appellants and the others were Defendants; and praying, "That the same may be reversed:" As also upon the Answer of Sir Robert Raymond Knight His Majesty's Attorney General, William Bromley, John Craven, Sir Thomas Gery, Norton Hanson, Arthur Gregory, Henry Greene, Edward Tayler Senior, Thomas Burgh, Robert Smith, Horace Hopkins, Isaac Fox, George Greenway, Thomas King, William Nurden, Nathaniel Alsop, Thomas Wright, Thomas Herbert, John Yardley, James Birch, Thomas Hurt, Thomas Bott, Joseph Ash, William Lagoe, and Michael Lawrence, the now surviving Trustees named in the said Decree, put in to the said Appeal; and due Consideration had of what was offered by Counsel 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 complained of in the said Appeal be, and is hereby, affirmed, without Prejudice to the Appellants applying to the Court of Chancery, according to the Course of that Court, for a Re-conveyance of the Trust Estate, as that Court shall think just.

South Sea Stock, Ingrafiment Bill.

Whereas Monday next is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to enable the South Sea Company to ingraft Part of their Capital Stock and Fund into the Bank of England, and another Part thereof into the Stock and Fund of the East India Company; and for giving further Time for Payments to be made by the said South Sea Company, to the Use of the Public:"

It is Ordered, That all the Lords be summoned then to attend.

E. Dunbarton's Privilege.

The House being informed, "That the Under Sheriff of the County of Kent, John Parker, and John Kider, attended (according to Order):"

They were called in; and examined touching the Arrest of the Earl of Dunbarton, a Peer of Great Britain, complained of to the House on Thursday last; and acquainted their Lordships, "That Alexander Minshull, of Greenwich, was the Attorney who took out the Warrant for the said Arrest."

And withdrew.

Minshull and Kider at[...]ed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Alexander Minshull and John Kider, and bring them in safe Custody to the Bar of this House, to answer their said Offences; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight and Baronet, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Under Sheriff of Kent and Parker discharged Attendance.

Ordered, That the Under Sheriff of the County of Kent and John Parker be, and are hereby, discharged any further Attendance touching the said Arrest.

L. Dudley versus E. Meath & al.

The House being moved, "That the Report from the Committee appointed the last Session of Parliament, to consider of the Petition of Edward Lord Dudley and Ward, an Infant, by his Guardian the Lady Diana Fielding, and to examine what Proceedings have been had in the Cause between the Petitioner's Father and the Earl and Countess of Meath in this House; and to state the said Proceedings, and what has been done thereupon, with their Opinion, might be read; as also the Order of this House made upon that Report:"

The same were read accordingly.

And the House being informed, "That a Person attended at the Door, in order to prove the Notice required to be given by the said Order:"

John Keling was called in; and acquainted the House, upon Oath, at the Bar, "That he had duly served, as well with Copies of the said Petition, as the Order made upon the said Report, the several Persons following; (videlicet,) the Earl of Meath, Mr. Weeks, and Mr. Marshall, Tenants of the Estate in Question; Daniel White, Joseph Barrett, and Lawford Miles, Under tenants to Mr. Weeks, the Countess of Meath, Wife of General Gorge, and Mr. Brabazon, Brother to the said Earl; whose Lordship said, the Estate belonged to Mr. Brabazon; and the Tenants also said, they held under the said Brabazon, and paid their Rents to him."

And then he withdrew.

L. Romney's Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for Sale of Part of the Estate of the Right Honourable Robert Lord Romney, in the County of Norfolk; and for settling other Lands, of greater Value, in the County of Kent, already purchased, to the same Uses."

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 Seven and Twentieth Day of this Instant March, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; andto adjourn as they please.

Adjourn.

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

DIE Lunæ, 13^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Mayor & al. of Coventry versus Attorney General & al.;

Upon reading the Judgement of Saturday last, on hearing Counsel, in the Cause wherein the Mayor, Bailiffs, and Commonalty, of the City of Coventry, were Appellants, and Sir Robert Raymond Knight, His Majesty's Attorney General, and others, were Respondents:

Judgement to be further considered.

It is Ordered, That the said Judgement be further considered on Thursday next.

Sir William Norwich & al. Petition referred to Judges.

Upon reading the Petition of Sir William Norwich Baronet, Son and Heir of Sir Erasmus Norwich Baronet, deceased, by Catherine Lloyd Widow, his Aunt and next Relation, and Sister and Executrix of the said Sir Erasmus Norwich; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of Essex and Northampton, comprized in the Marriage Settlement of the said Sir Erasmus Norwich, or so much thereof as may be requisite for paying the Debts and Incumbrances on the said Estates:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Rye Harbour, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Preservation of the Harbour of Rye, in the County of Sussex."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Borret:

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

River Weaver navigable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester."

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

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

And it being moved, "That an Instruction be given to the said Committee, That they do provide, that no Punishment shall be inflicted by any Court Martial, which shall extend to Life or Limb."

And long Debate thereupon:

The Question was put, "That it be an Instruction to the Committee of the whole House to whom the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters," stands committed; "That they do provide, that no Punishment shall be inflicted by any Court Martial, which shall extend to Life or Limb?"

It was Resolved in the Negative.

Protest against rejecting an Instruction to the Committee concerning it.

"Dissentient.

"For the Reasons entered in the Journal Book of the Twentieth of February One Thousand Seven Hundred and Seventeen, Pages 240 and 241.

"Abingdon.
Scarsdale.
Wharton.
Gower.
Bingley.
Aylesford.
North & Grey.
Bristol.
Compton.
Guilford.
Mansel.
Bathurst.
Strafford."

South Sea Stock, Ingrastment Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act to enable the South Sea Company to ingrast Part of their Capital Stock and Fund into the Stock and Fund of the Bank of England, and another Part thereof into the Stock and Fund of the East India Company; and for giving further Time for Payments to be made by the said South Sea Company, to the Use of the Public," being read:

And the House being informed, "That Three of the Directors of each of the said Companies attended (according to Order"):

They were called in; and severally delivered, at the Bar, the Propositions of the said Companies, agreed to in their General Courts, and recited in the Preamble of the beforementioned Bill; and acquainted the House, That no Resolution hath been since passed in relation to this Matter, by either the Bank or the East India Company."

And then they withdrew.

And the Titles of the said Propositions being read:

They were ordered to be referred to the Committee of the whole House to whom the said Bill stands committed.

Then the House was adjourned during Pleasure, and put into the said Committee.

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

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

Pagett's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees a Moiety of divers Manors and Lands in Essex, belonging to Thomas Pagett Esquire and Mary his Wife, to enable them to convey the same according to Articles for the Sale 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. Fellows and Mr. Hiccocks:

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

Great Yarmouth Chapel, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for finishing and adorning the new Chapel, called St. George's Chapel, in Great Yarmouth, in the County of Norfolk; and for enlightening the Streets of the said Town, by a Duty or Imposition on Coals, Culm, and Cinders, to be landed and consumed there," was committed: That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Martis, 14^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lighthorne Common, enclosing, Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to enclose the Common Field of Lighthorne, and a Common called Lighthorne Musters, in the County of Warwick."

Which Amendments were read Twice by the Clerk, and agreed to by the House, and are as follow:

"Press 1. Line 3d. After the Word ["Lighthorne"], leave out the Word ["Musters"]; and insert ["Heath, and Two Meadows called Lighthorne Common Meadows"].

"Line 10th. After ["the"], insert ["said"]; and after ["Lands"], insert ["or thereabouts"].

"Line 16th. After ["Field"], insert ["and Meadows"].

"Line 19th. After ["Field"], insert ["or Common Meadows"].

"Line 33d. Leave out the Word ["Musters"], and insert ["Heath"].

"Pr. 2d. Line 1st. After ["Field"], insert ["and Meadows"].

"Line 27th. After ["Lighthorne"], leave out ["Musters"]; and insert ["Heath, and the said Two Meadows called Lighthorne Common Meadows"].

"Press 3d. Line 29th. After ["Field"], insert ["or Common Meadows"].

"Line 35th. After ["together"], insert ["or as near as conveniently may be"].

"Press 4th. Line 8th. After ["Field"], insert ["or Meadows"].

L. 19th. Leave out the Word ["Assignment"], and insert ["Time"].

"L. 20th. After ["Field"], insert ["and Meadows"].

L. 24th. After ["Field"], insert ["and Meadows"]; and after ["Allotments"], leave out ["and"], and insert ["or"].

L. 31st. After ["appoint"], insert ["And if any Difference shall arise, touching the sowing, laying down, accepting, or enclosing, the said respective Shares, or touching any Allowance or Satisfaction to be made, for the growing of Corn, or for Manure, or concerning any Interest of the said Proprietors; the said Commissioners, or any Five or more of them, shall have full Power and Authority, and are hereby empowered and authorized, to hear and finally determine the same"].

"L. 36th. After ["Field"], insert ["and Meadows"].

"Pr. 5. L. 6th. After ["Field"], insert ["or Meadows"].

"L. 22d. The same Amendment.

"L. 27th. The same Amendment.

"L. 34th. The same Amendment.

"L. 39th. After ["Commissioner"], insert ["or Commissioners"].

"L. 40th. After ["Field"], insert ["or Meadows"].

"Press 6. Line 1st. After ["Commissioner"], insert ["or Commissioners"].

"L. 2d. After ["Commissioner"], insert ["or Commissioners"].

"L. 4th. After ["the"], insert ["Commissioner or"]; and after the Word ["whose"], insert ["Place, or"].

"L. 5th. After the Word ["Places"], insert ["he or"].

"Pr. 7. L. 7th. After ["Field"], insert ["and Meadows"].

"In the Title, leave out ["Musters"], and insert ["Heath"]."

A Message was sent to the House of Commons, by Mr. Holford and Mr. Conway:

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Falconer versus Falconer:

A Petition of Alexander Hamilton Gentleman, Agent for David Falconer Esquire, Appellant in a Cause depending in this House, to which Dame Elizabeth Falconer and others are Respondents, was presented to the House, and read; praying, "In regard the said Respondents have not put in their Answers to the said Appeal, though duly servedwith their Lordships Order for that Purpose, that a peremptory Day may be appointed, for them so to do;" and an Affidavit of the said Service being read:

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.

River Weaver navigable, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Conway:

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

Rolse, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Jonas Rolfe Gentleman and Lucy his Wife, in Behalf of themselves, and of Jonas, Catherine, and Theodocia, their Children, being Infants, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

Hartcup, Naturalization Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Hartcup."

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

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

Rolfe's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Manor of Burnels, alias Riston, and certain Lands in Norfolk, Part of the Estate of Jonas Rolfe Gentleman and Lucy his Wife, in Trustees, to be sold, for discharging the Incumbrances thereon; and for other Purposes therein mentioned."

University of Oxon, to build Radcliff Library, Bill.

The Lord Bishop of Bristol reported from the Lords Committees to whom the Bill, intituled, "An Act to enable any Corporations within the University of Oxford, or any other Persons, to sell and convey any Messuages and Grounds within the said University, for building a Library, pursuant to the Will of John Radcliffe Doctor in Physic; and for empowering any Colleges in the said University to sell or convey any Ground or Houses to each other, for the Purposes therein mentioned," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Paynter et al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Robert Paynter Esquire and Elcanor his Wife and others, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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 enable Robert Paynter Esquire to sell the Manors of Twydall and East Court, in the County of Kent; and to settle other Lands, of greater Value, to the same or like Uses."

Great Yarmouth Chapel, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for finishing and adorning the new Chapel, called St. George's Chapel, in Great Yarmouth, in the County of Norfolk; and for enlightening the Streets of the said Town, by a Duty or Imposition on Coals, Culm, and Cinders, to be landed and consumed there."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Conway:

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

State of Public Credit.

The Order of the Day, for the House to be in a Committee, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit; and for the Clerks of the South Sea Company, employed in taking in the Money on the Third Subscription, or paying back any Part of it, to attend; being read:

The House was adjourned during Pleasure, and put into the said Committee.

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

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

Ordered, That, on Thursday Sevennight, the House be put into a Committee again, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Adjourn.

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

DIE Mercurii, 15^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Corporation of Gallway versus Russell.

This Day the Answer of Henry Russell Esquire, to the Petition and Appeal of the Mayor, Sheriffs, Free Burgesses, and Commonalty, of the Town and County of the Town of Gallway, was brought in.

Hartcup, Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Hartcup," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Lord Clinton's Precedence.

The Earl of Clarendon having, at the Instance of some Lords, who thought they might be affected by a Claim, expected to be made, of the Seat in Parliament anciently belonging to the Barons of Clinton, moved the House, "That an Inquiry may be made, touching the due Place and Precedence belonging to the Barons of Clinton:"

And the Lord Chancellor thereupon acquainting the House, "That His Majesty had been pleased to order a Writ of Summons to be directed to Hugh Fortescue Esquire, by the Name of Hugh Fortescue de Clinton Chevalier, to sit and attend in Parliament; and that such Writ had accordingly passed the Great Seal:"

It is Ordered, That the Consideration of this Matter be, and is hereby, referred to the Lords Committees for Privileges; who are to meet To-morrow Morning for that Purpose; and that the Clerks do, in the mean Time, search Precedents, and produce the Books before the said Committee.

South Sea Stock, Ingrastment Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the South Sea Company to ingrast Part of their Capital Stock and Fund into the Stock and Fund of the Bank of England, and another Part thereof into the Stock and Fund of the East India Company; and for giving further Time for Payments to be made by the said South Sea Company, to the Use of the Public."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lightboun:

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

Minshull, for arresting the E. of Dunbarton, to be brought to the Bar.

A Petition of Alexander Minshull, in Custody of the Gentleman Usher of the Black Rod, for causing the Earl of Dunbarton, a Peer of Great Britain, to be arrested, was presented to the House, and read; expressing his hearty Concern for his said Offence; and begging Pardon of the House and the said Earl for the same; and praying to be discharged:

It is Ordered, That the Petitioner be brought to the Bar To-morrow, in order to his Discharge.

Throckmorton versus Church, in Errors

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Thirteenth Day of January last, wherein John Throckmorton Esquire, late Sheriff of the County of Bucks, is Plaintiff, and Joan Church Widow is Defendant, in order to reverse a Judgement given in His Majesty's Court of King's Bench, affirming a Judgement given in the Court of Common Pleas for the Defendant in Error; and due Considera tion had of what was offered by Counsel on either Side in this Cause:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of Common Pleas, and the said Judgement of Affirmance in the Court of King's Bench, be, and are hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Twenty Pounds, for her Costs in this House.

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

Sed quia Cur. Parliamenti nunc hic de Judicio suo de et super Præmissis reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram Domino Rege, in Cur. Parliamenti sui præd. apud Westm. in Com. Middl'x assemblat. usque Decimum Quintum Diem Martii ex tunc prox. sequen. de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. hic inde nondum &c.; ad quèm Diem, coram eadem Cur. Parliamenti apud Westm. præd. in Com. Middl'x, assemblat. ven. Partes præd. per Attorn. suos præd. Super quo, visis et per eandem Cur. Parliament. præd. plenius intellectis omnibus et singulis Præmissis, diligenterque examinat. et inspect. tam Record. et Process. præd. ac Judic. super eisdem reddit. necnon Affirmation. ejusdem Judicii quam præd. Causis et Materiis per præfat. Joh'em Throckmorton pro Erroribus assignat. et allegat. maturaque Deliberatione inde habita, videtur Cur. Parliamenti præd. nunc hic, quod Record. præd. in nullo vitiosum aut defectivum existit, ac quod nec in Record. et Process. præd. nec in Redditione Judic. præd. neque in Affirmatione ejusdem Judicii, in ullo est Errat. Ideo consideratum est per eandem Cur. Parliamenti præd. quod Judic. præd. per præd. Cur. dicti Domini Regis de Banco præd. reddit. necnon præd. Affirmatio ejusdem Judicii per præd. Cur. dicti Domini Regis, coram ipso Rege, in omnibus affirmentur, et in omnibus suis Robore stent et Effectu, dictis Causis et Materiis per præfat. Joh'em Throckmorton pro Erroribus assignat. et allegat. in aliquo non obstant. Et ulterius per Cur. Parliamenti præd. cons. est, quod præd. Joanna recuperet versus præfat. Joh'em Vigint. Libr. eidem Joannæ per Cur. Parliamenti præd. secundum Formam Statuti præd. in hujusmodi Casu nuper edit. et Provis. adjudicat. pro Dampnis, Mis. et Custag. suis, quæ sustinuit Occasione Dilation. Execution. Judic. præd. Prætextu Prosecution. præd. Brevis de Error.; et quod præd. Joanna habeat inde Execution. &c.; ac superinde Record. et Process. præd. Cur. Parliamenti præd. per eandem Cur. Parliamenti præd. Cur. dicti Domini Regis, coram ipso Rege, ubicunque &c. remittuntur, et in eadem Cur. dicti Domini Regis, coram ipso Rege, jam residen. &c."

Rolfe's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Manor of Burnels, alias Riston, and certain Lands in Norfolk, Part of the Estate of Jonas Rolfe Gentleman and Lucy his Wife, in Trustees, to be sold, for discharging the Incumbrances thereon; and for other Purposes therein mentioned."

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

University of Oxon, to build Radcliff Library, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable any Corporations within the University of Oxford, or any other Persons, to sell and convey any Messuages and Ground within the said University, for building a Library, pursuant to the Will of John Radcliffe Doctor in Physic; and for empowering any Colleges in the said University to sell or convey any Ground or Houses to each other, for the Purposes therein mentioned."

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. Lightboun:

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

Paynter's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Robert Paynter Esquire to sell the Manors of Twydall and East Court, in the County of Kent; and to settle other Lands, of greater Value, to the same or like Uses."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom Mr. Rolfe's Bill stands referred.

Their Lordships, or any Five of them; to meet at the same Place, on Thursday the Thirtieth Instant.

Juries, to prevent corrupting of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing the corrupting of Juries; and for the more effectual enforcing the Laws for making up the Freeholders Books."

Ordered, That the said Bill be read a Second Time on Thursday the Thirtieth Day of this Instant March; and the Lords to be summoned; and that the Judges have Copies of the said Bill in the mean Time; and that such of them as are in Town do then attend.

Mayor et al of Coventry versus Attorney General et al. Lords summoned.

Ordered, That the Lords be summoned To-morrow, on the further Consideration of the Judgement of this House of Saturday last, on hearing Counsel, in the Cause wherein the Mayor, Bailiffs, and Commonalty, of the City of Coventry, were Appellants, and Sir Robert Raymond Knight, His Majesty's Attorney General, and others, were Respondents.

Adjourn.

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

DIE Jovis, 16^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hartcup's Nat. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Hartcup."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

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

Mayor of Coventry et al. versus Attorney General et al.

The House (according to Order) proceeded to take into further Consideration the Judgement of this House of Saturday last, upon hearing Counsel, in the Cause wherein the Mayor, Bailiffs, and Commonalty, of the City of Coventry, were Appellants, and Sir Robert Raymond Knight, His Majesty's Attorney General, and others, were Respondents.

And the same, being read by the Clerk, was agreed to.

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Articles of War to be laid before the House.

Ordered, That the said Bill be read the Third Time To-morrow; and that the Secretary at War do cause an attested Copy of the Articles of War, intended to be established for the Year next ensuing, to be laid before this House before the Third Reading of the said Bill.

Chevers et al. versus Geoghegan.

Upon reading the Petition of Andrew Chevers and John Chevers, Appellants in a Cause lately depending in this House, to which Terence Geoghegan and John Rogerson Esquire were Respondents; praying, "That the Order and Judgement, given by this House the Seventh Instant, on hearing the Petitioners Appeal, may be varied, by inserting the Word ["precedent"], in the room of the Word ["other"].

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear One Counsel of a Side, upon the Matter of the said Petition, on Thursday next, at Eleven a Clock.

Minshull discharged.

This Day Alexander Minshull, in Custody of the Gentleman Usher of the Black Rod attending this House, for causing the Earl of Dunbarton, a Peer of Great Britain, to be arrested, was (according to Order) brought to the Bar; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged, paying his Fees.

Adjourn.

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

DIE Veneris, 17^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rochfort versus Creswick.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Rochfort Esquire is Appellant, and Francis Creswick is Respondent:"

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

Tuston versus Wentworth et al.

After hearing Counsel, upon the Petition and Appeal of the Honourable Sackville Tuston Esquire; complaining of a Decree of the High Court of Chancery, of the First of July last, in a Cause wherein John Wentworth, alias Creswell, Esquire, Thomas Cartwright Esquire, Elizabeth Phipps Widow, Grace Phipps Widow, William Gibberd, Edward Gibberd, Richard Mathews, Hugh Elmes, William Lapworth, John Evans, and Edward Tooley, were Plaintiffs, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said John Wentworth, alias Creswell, Thomas Cartwright, Elizabeth Phipps, Grace Phipps, William Gibberd, Edward Gibberd, Richard Mathews, Hugh Elmes, William Lapworth, John Evans, and Edward Tooley, put in to the said Appeal; and due Consideration had of what was offered by Counsel 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 Decree therein complained of be, and is hereby, affirmed.

Message from H. C. to return the Countess of Denbigh's Nat. Bill.

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

To return the Bill, intituled, "An Act for the Naturalization of Isabella Countess of Denbigh, Wife of William Earl of Denbigh;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Paterson versus Commissioners forfeited Estates.

Whereas Monday next is appointed, for hearing the Cause wherein John Paterson Esquire is Appellant, and the Commissioners and Trustees of the forfeited Estates in Scotland are Respondents:

It is Ordered, That the Lords be summoned; and that such of the Judges as are in Town do then attend.

Articles of War delivered.

The House being informed, "That a Person from the Office of the Secretary at War attended;"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order Yesterday,

An attested Copy of the Rules and Articles of War, intended to be established by His Majesty, for the better Government of His Forces, in Great Britain, Ireland, and Dominions beyond the Seas, for the Year next ensuing."

And then he withdrew.

And the Title thereof was read.

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lovibond:

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

Dr. Middleton versus Principal, &c. of King's College, Aherdeen.

Upon reading the Petition and Appeal of Doctor George Middleton; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Twenty-sixth of January, and the Affirmance thereof the Third of February last, made on the Behalf of Mr. George Chalmers Principal, Mr. David Anderson Professor of Divinity, Mr. Alexander Gardon Civilist, Doctor Patrick Urquhart Mediciner, Mr. Alexander Frazer Sub-principal, Mr. Alexander Gordon Humanist, Mr. George Gordon Professor of the Oriental Languages, Mr. Alexander Burnet, Mr. John Ker, and Mr. Daniel Bradfutt, Regents of the University, or King's College, of Old Aberdeen; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Chalmers, David Anderson, Alexander Gardon, Doctor Patrick Urquhart, Alexander Frazer, Alexander Gordon, George Gordon, Alexander Burnet, John Ker, and Daniel Bradfutt, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Fourteenth Day of April next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Sabbati, decimum octavum diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Sabbati, 18^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report of Lord Clinton's Precedence:

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Matter of the Precedency of the Lord Clinton was referred: "That the Committee have heard Counsel on the Behalf of the said Lord Clinton, as also on the Behalf of the Lord Willoughby of Eresby and the Lord Delawar; and inspected the several Journals of this House, of the Reigns of King Henry the Eighth, King Edward the Sixth, King Philip and Queen Mary, Queen Elizabeth, and King James the First; and are of Opinion, That the Lord Clinton be placed next below the Lord Fitz walter, and above the Lord Dudley; saving nevertheless to the said Lord Clinton and all other Lords and Peers their Rights and Places, upon further and better Authority shewed for the same."

This Report, being made, was read by the Clerk, and agreed to by the House.

His Lordship takes his Seat:

The House being informed, "That the Lord Clinton was attending without, with his Writ of Summons:"

The Lord Chancellor explained to their Lordships the said Lord Clinton's Descent; and how he was One of the Heirs of Theophilus formerly Earl of Lincoln and Baron of Clinton.

And thereupon the Entry in the Journal, of the Twentyeighth of January 1677, of the Admission of the Lord Ferrers at that Time into the House, without Introduction, being read:

The Lord Clinton was called in; and, having presented his Writ of Summons to the Lord Chancellor, the same was read by the Clerk, as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magnæ Britanniæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Nostro Hugoni Fortescue, de Clinton, Chev. Salutem. Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magna Britanniæ & Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregat. existit; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos & Honorem Nostrum, ac Salvationem et Defensionem Regni & Ecclcsiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Decimo Quinto Die Martii, Anno Regni Nostri Septimo.

"Wrighte."

Which being done; the Lord Clinton, at the Table, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and then took his Place on the Barons Bench, according to the Resolution of this House, upon the Report from the Committee of Privileges beforementioned.

Harrington, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Henry Harrington and Mary his Wife was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

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

De Grey's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging certain Estates, in the Counties of Norfolk and Suffolk, of and from the Uses and Limitations contained in the Marriage Settlement of Thomas de Grey Esquire; and for settling other Estates, in the said Counties, to the same Uses," was committed: That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Harrington's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, in the County of Gloucester, the Estate of Henry Harrington Gentleman, in Trustees, to be sold; and, with the Money arising thereby, to purchase other Lands, of greater Yearly Value, to be settled to the same Uses as the Estate to be sold is settled; and for other Purposes therein mentioned."

Bishop Rochester et al. versus Attorney General et al.

Upon reading the Petition of Sir Robert Raymond Knight, His Majesty's Attorney General, and others, Respondents to the Appeal of Francis Lord Bishop of Rochester, Dean of the Collegiate Church of St. Peter in Westminster, and others; praying, "In regard One of the Respondents Counsel cannot attend, that the Hearing the said Cause, which is appointed for Tuesday next, may be put off for a Week, or such other Time as their Lordships shall think reasonable:"

And the Notice given to the Appellants of the said Petition, pursuant to the Standing Order, being read:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twentyeighth Day of this Instant March, at Eleven a Clock; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 20^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Marlborough versus Strong:

Upon reading the Petition and Appeal of the most Noble John Duke of Marlborough; complaining of a Decree of the Court of Exchequer, of the One and Twentieth Day of February last, in certain Causes, wherein Edward Strong Senior and Edward Strong Junior were Plaintiffs, and the Petitioner and Sir John Vanbrugh were Defendants; and wherein the Petitioner was Plaintiff, and the said Edward Strong Senior and Edward Strong Junior 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 Edward Strong Senior and Edward Strong Junior may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Third Day of April next.

Mr Waller to enter into Recognizance for the Appellant.

The House being moved, "That John Waller of Lincoln's Inn Gentleman may be permitted to enter into a Recognizance for his Grace the Duke of Marlborough, on account of his Appeal."

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

Paterson versus Commissioners forfeited Estates:

After hearing Counsel, upon the Petition and Appeal of John Paterson Esquire; complaining of a Decree of Dismission of the One and Thirtieth of August One Thousand Seven Hundred and Nineteen, made by the Commissioners and Trustees of the forfeited Estates, of the Appellant's Claim put in before them; and an Affirmance thereof by the Lords Delegates in Scotland, the Twentieth of December last, made on the Behalf of the said Commissioners and Trustees; and praying, "That the same may be reversed:" As also upon the Answer of the said Commissioners and Trustees of the forfeited Estates put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Decrees reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decrees of Dismission complained of in the said Appeal be, and are hereby, reversed: And it is further Ordered, That the Appellant shall have a Satisfaction, for the Principal and Interest due upon the Bonds in Question, out of the forfeited Estates in Question.

Message to H. C. to return the E. of Aylesford's Bill.

A Message from the House of Commons, by Sir George Beaumont and others:

To return the Bill, intituled, "An Act to enable the Right Honourable Heneage Earl of Aylesford to sell certain Estates of Leasehold and Inheritance, in the County of Kent, comprized in his Marriage Settlement; and to purchase another Estate, in the County of Leicester, of better Value, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Mr. Pakington's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Herbert Perrot Pakington Esquire, only Son of Sir John Pakington Baronet, to acknowledge Fines, and suffer Recoveries, while he is under the Age of One and Twenty Years," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made an Amendment thereunto."

Which was read Twice, and agreed to.

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

Harrington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, in the County of Gloucester, the Estate of Henry Harrington Gentleman, in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of greater Yearly Value, to be settled to the same Uses as the Estate to be sold is settled; and for other Purposes therein mentioned."

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 Fourth 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.

Sir Charles Carteret's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Estate of Sir Charles Carteret Baronet, deceased, in Trustees, for Payment of Debts, and settling the Remainder to the same Uses in his Will," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

De Grey's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging certain Estates, in the Counties of Norfolk and Suffolk, of and from the Uses and Limitations contained in the Marriage Settlement of Thomas De Grey Esquire; and for settling other Estates, in the said Counties, to the same Uses."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Adjourn.

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