House of Lords Journal Volume 21: February 1722, 1-10

February 1722, 1-10

DIE Jovis, 1^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Chandos' Privilege: Jones to be brought to the Bar.

Ordered, That the Serjeant at Arms attending this House do bring John Jones, late Deputy Sheriff of the County of Radnor, now in his Custody, to the Bar of this House To-morrow, when the Matter relating to the Breach of Privilege against the Duke of Chandos is to be further examined into.

Importation of Naval Stores, to encourage, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act giving further Encouragement for the Importation of Naval Stores; and for other Purposes therein mentioned."

Manufactures of this Kingdom, to encourage, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and the Lords to be summoned.

Ariat versus Wilson.

The House being moved, on the Behalf of John Wilson, Respondent to the Petition and Appeal of John Arrat Esquire, "That a Day may be appointed, for hearing thereof:"

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

Byrne versus Acton.

The House being moved, on the Behalf of Thomas Acton Esquire, Respondent to the Petition and Appeal of Walter Byrne Esquire and John Byrne Gentleman, That a Day may be appointed, for hearing thereof:"

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

An Exchange at Bristol, to build, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the Mayor, Burgesses, and Commonalty, of the City of Bristol, to build an Exchange there, for the Conveniency of the Merchants and Traders of that City."

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

Wallace's Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bonds," stands committed, be revived; and meet Tomorrow.

Wool Key Wharif, &c. to vest in His Majesty, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest the Ground, Wharf, and Key, called Wooll Key, in the Parish of All Saints, Barking, in the City of London, with the Buildings and Warehouses thereupon, in Trustees, for His Majesty, His Heirs and Successors for ever, subject to an Agreement, made on His Majesty's Behalf, with the Wardens and Assistants of the Free School in Sevenoake, in the County of Kent."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill to enable the Mayor, Burgesses, and Commonalty, of the City of Bristol, to build an Exchange there, stands committed; and that the Bishops present this Day, and not named of that Committee, be added thereunto.

Their Lordships, or any Five of them; to meet on this Day Sevennight, at the same Place.

D. of Manchester takes his Seat.

This Day William Duke of Manchester sat first in Parliament, upon the Death of his Father Charles Duke of Manchester; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Clauses in Quarentine Act, to repeal, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repealing such Clauses in the Act passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague), as gives Power to remove Persons from their Habitations, or to make Lines about Places infected."

Ordered, That the said Bill be read a Second Time on Monday next; and the Lords to be summoned, with Notice of the Occasion.

Causes of contracting Navy Debt considered:

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the Causes of contracting so large a Navy Debt.

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 directed him to move, that they may have Leave to sit again."

And a Motion being made, "That the House be put into a Committee again on Monday Fortnight:"

And a Question being stated thereupon:

After Debate;

The Question was put, "That the House be put into a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, on Monday Fortnight?"

It was Resolved in the Affirmative.

Motion, that the victualing the Floet, otherwise than by the Navy Victualers or their Agents, was One Cause of contracting the Debt:

Then a Motion was made, "That the victualing His Majesty's Ships by any other than the Victualers appointed for that Service, or their Agents, is contrary to the Course of the Navy; and, by taking away the proper Checks, is One Cause of contracting so large a Navy Debt."

And a Question being stated thereupon:

After Debate;

The Question was put, "That the victualing His Majesty's Ships by any other than the Victualers appointed for that Service, or their Agents, is contrary to the Course of the Navy; and, by taking away the proper Checks, is One Cause of contracting so large a Navy Debt?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

1st, Because, it being unquestionably the ancient Course of the Navy, to victual all His Majesty's Ships by the Commissioners of the Victualing, or their Agents, unless in Case of Necessity; and it appearing to us, by a Paper returned before this House from the Victualing-office, that many Ships, and Squadrons of Ships, have been of late Years victualed by the Commanders, very few of which were so victualed by any Order; and amongst those many Instances, a few only were excused, because there were no Agents for the Victualing-office, nor any Stores in the Places where the Ships then were: We think it reasonable to conclude, that all the several Victualings in the said Paper contained, being much the greater Number, which were neither excused therein nor said to be ordered, were so provided without any Order or Excuse whatsoever; and consequently were a needless Breach of the said good Course of the Navy, and, by taking away the proper Check made to save the Public Money, must, in our Opinion, necessarily have been One of the Occasions of the Increase of the Navy Debt.

2dly, We cannot but observe, that if the said Excuse had (in the Paper abovementioned) been applied to all the several Instances there of victualing in a Manner contrary to the Course of the Navy, yet it had been insufficient; since it is not alledged that Agents for the Victualing and Stores might not have been timely had, in the Places where the Ships were victualed, if due Notice had been given to the Commissioners of the Victualing, and proper Precautions and Endeavours had been used to that End.

3dly, We cannot but think that carrying this Question in the Negative will undoubtedly encourage this Breach of the Course of the Navy, as it is acknowledged to be; and in Consequence put it into the Power of every Admiral, or Commander in Chief of any Squadron, and every Commander of a particular Ship, not only to furnish such Provisions both in Quantity and Quality as they shall think fit; but, by letting the Men go on Shore when in Port, on Pretence of supplying Provisions, leave a Charge on the Public, for Want of the proper Check, though to the Detriment of the Sea Service.

4thly, Because, by this Leave given to the Commanders on the Head of Victualing, they have it in their Power (through the Want of the said true and ancient Check) to bring a very great Charge upon the Head of Wages; which must undoubtedly, as we apprehend, occasion a great Waste of the Public Treasure, and consequently an Increase of the Navy Debt.

"5thly, Because we think, that to suppose the Commander of any Squadron, or Ship, will not, when it is so entirely in his Power, do what shall be for his Interest, is to believe him less inclined to his Interest than the Generality of his Fellow Subjects on Shore.

"6thly, Because we believe, if this House will not discourage taking away proper Checks till Proof had (as urged in the Debate) of what had been got by Individuals for Want of those Checks, the Delay and Difficulties attending such an Inquiry will probably hinder any Discouragement being given to such Practices, which are allowed to be contrary to the Standing Instructions to the Commissioners of the Victualing, and to the Commanders of His Majesty's Ships.

"W. Ebor.
Scarsdale.
Strafford.
Litchfield.
Bristol.
Guilford.
North & Grey.
Boyle.
Trevor.
St. John de Bletsoe.
Aylesford.
Craven.
Cowper.
Compton.
Uxbridge.
Bathurst.
Bingley.

Adjourn.

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

DIE Veneris, 2^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Cornwallis takes his Seat.

This Day Charles Lord Cornwallis sat first in Parliament, upon the Death of his Father Charles Lord Cornwallis; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

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

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

With a Bill, intituled, "An Act for repairing the Highways from The Stones-End, at White Chappel Church, in the County of Middlesex, to Shenfield, and to the furthermost Part of the Parish of Woodford, leading to the Town of Epping, in the County of Essex;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to enable Elizabeth and Margaret Newton, Infants, during their Minority (with Consent of Trustees), to grant and fill up Leases of Part of the Estate late of John Newton their Father, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Northamptonshine and Leicester Highways, Bill.

Whereas this Day was appointed, for the Third Reading of the Bill, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester:"

It is Ordered, That the said Bill be read the Third Time To-morrow; and nothing to intervene.

D of Chandos' Privilege:

The House (according to Order) proceeded to examine further into the Matter of the Breach of Privilege committed by Samuel Burton Esquire, late Receiver General of the County of Radnor, and John Jones late Deputy Sheriff of the same County, in prosecuting a Suit in His Majesty's Court of Exchequer, and, by Virtue of an Extent and other Proceedings thereupon, entering the Estate, and seizing the Goods and Chattels of divers Tenants, of James Duke of Chandos, within the Time of Privilege of Parliament.

And thereupon the said Burton was brought to the Bar, by the Gentleman Usher of the Black Rod:

And the said Jones by the Serjeant at Arms.

And Francis Peters, the Duke's Agent, likewise attending, was called in.

And the said Burton and Jones were severally heard; and were asked several Questions by the House.

After which, the said Jones and Peters being examined, upon Oath, as to the said Burton's committing the said Breach of Privilege;

And the said Samuel Burton being further heard thereunto:

They were directed to withdraw.

And being withdrawn;

And the Order for the Attachment of the said Burton and Jones being read:

Burton and Jones to remain in Custody.

It was Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuel Burton and John Jones are guilty of the Breach of the Privilege charged against them: And it is therefore Ordered, That the said Samuel Burton and John Jones do, for the said Contempts and Breaches of Privilege by them respectively committed, continue in the like Custody as they were this Day brought to the Bar of this House, during the Pleasure of this House.

Silk Weavers of Canterbury, Pet. referred to Committee on Manufactures Bill.

Ordered, That the Petition of the Master, Wardens, and Assistants of the Corporation of Silk Weavers in the City of Canterbury, which was ordered to lie on the Table till the Second Reading of the Bill, intituled, An Act for making more effectual an Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom," be referred to the Committee of the whole House to whom the said Bill stands committed.

Adjourn.

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

DIE Sabbati, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Chancellor's Excuse for long Stay.

The Lord Chancellor, coming late to the House; and not having sent to the Lord Chief Justice King, whom His Majesty, by Letters Patents under the Great Seal, entered in the Journal, had authorized to supply the Place of the Lord Chancellor in the House in his Lordship's Absence; and observing some Uneasiness amongst the Lords; acquainted the House, "That he, having been summoned to attend His Majesty at St. James's, had accordingly waited upon His Majesty there, where he was detained, longer than he could forefee, by His Majesty's Command; and that, as soon as he was at Liberty, he came hither with the utmost Expedition; and asked Pardon for his Stay of the Lords, who had been so long kept in Expectation of him."

Motion to Adjourn:

A Motion was made, "To adjourn."

And the Question being put, "Whether this House shall be now adjourned till Monday Morning next, Eleven a Clock?"

It was Resolved in the Negative.

Protest against it.

"Dissentient.

"1st, Because, the House standing adjourned to this Day at Eleven a Clock, and a great Number of Lords being met, and expecting the coming of their Speaker till near Three a Clock, they seemed to us generally to resent this Usage, and, without any Dissent that we could perceive, proceeded, according to the Standing Order of the House, towards choosing a Speaker; but, meeting with some Difficulties as to the Persons nominated, the Lord Chancellor came before any Choice made; and as soon as the House was sat, the Lord Chancellor alledged, as the Reason of his long Absence, "That he had been summoned to attend His Majesty at St. James's; where the Business had lasted much longer than was expected:" Which Excuse, though it might in great Measure free the Lord Chancellor from the Imputation of wilful Neglect of Duty, yet seemed to us in no Degree to justify the Indignity which we think was on the whole Matter done to the House, which is undoubtedly the greatest Council in the Kingdom; to which all other Councils ought to give Way, and not that to any other; and therefore the Business of any other Council ought not to have detained the Speaker of this House after the Hour appointed for its Meeting, and during the Time of the Day the House has usually of late spent in Business. And therefore we thought the least Resentment the House could shew on this Occasion, to prevent its being used so for the future, was to adjourn without entering on any Business; and this the rather, because we foresaw it could not obstruct any Public Affairs, since the Time was so far spent, as that no Business of Consequence could well have been gone through with Effect, though entered upon.

"2dly, As we may venture to say, that the Dignity of this House has not been of late Years increasing; so we were unwilling that any Thing we conceive to be a gross Neglect of it should pass without some Note on our Records, that we were sensible of such Neglect, and did not approve it; which we thought would have been in some Measure attained by an immediate Adjournment; nor was any other Method proposed: And, since that could not be effected, we enter this Dissent, with our Reasons, that it may appear to Posterity we were zealous to withstand, in the Manner proposed, the further Progress of a Practice so injurious, as we conceive, to the Honour and Authority of this Supreme Council.

"W. Ebor.
Somerset.
Litchfield.
Strafford.
Scarsdale.
Trevor.
Bristol.
Fran. Cestriens.
Uxbridge.
Boyle.
Guilford.
North & Grey.
Bathurst.
Craven.
Montjoy.
Ashburnham.
Compton.
Foley.
Weston.
Osborne.
Maynard.
Aberdein.
St. John de Bletsoe.
Cowper.
Bingley.

Sir J. Morgan's and Price's Bill.

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

To return the Bill, intituled, "An Act for vesting the Estate late of James Price, of Pilleth in the County of Radnor Esquire, deceased, in Trustees, to be sold, for Payment of several Portions and Legacies charged thereon;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Northamptonshire and Letcester Highways, Bill.

The Order of the Day, for the Third Reading of the Bill, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road from a Place called Morter Put Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester," being read:

It is Ordered, That the said Bill be read the Third Time on Tuesday next; and nothing to intervene; and the Lords to be summoned.

Adjourn.

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

DIE Lunæ, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clauses in Quarentine Act, to repeal, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing such Clauses in the Act passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague), as gives Power to remove Persons from their Habitations, or to make Lines about Places infected."

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

Report of E. of Rothes' Privilege.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom that Part of the Matter of the Complaint of a Breach of Privilege committed against John Earl of Rothes, in summoning, requiring, and commanding the said Earl, the Fourth of July last, to appear before the Court of Session at Edinburgh, as Commissioners for valuing Tithes, at the Suit of Patrick Crombie and others, was referred: "That the Committee have considered the Matter of the said Complaint, and have perused an attested Copy of the Record of the Process against the said Earl; and are of Opinion, That the Matter of the said Complaint is a Breach of the Privilege of this House."

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

And it was thereupon ordered to be referred back to the same Committee, to inquire by whom the said Breach of Privilege was committed.

D of Bolton takes his Seat.

This Day Charles Duke of Bolton sat first in Parliament, upon the Death of his Father Charles Duke of Bolton; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

L. Cobham's Privilege:

Upon reading the Petition of Thomas Price Esquire, Thomas Boutcher, and Richard May, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in breaking down the Hedges and Fences of a Coppice belonging to the Lord Viscount Cobham; expressing their hearty Sorrow for their said Offence, and humbly begging Pardon of the House and the said Lord Viscount for the same; and praying, "To be discharged."

And the House being informed, "That the Petitioners had made their Submission, to his Lordship's Satisfaction:"

Price, Boutcher, and May, discharged.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners be, and are hereby, discharged out of Custody, paying their Fees.

Allardes versus Smart & al.

After hearing Counsel in Part, upon the Petition and Appeal of John Allardes Merchant; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, made on the Behalf of Jane Smart and her Children; as also upon the Answer of the said Jane Smart and her Children put in thereunto:

They were directed to withdraw.

And being withdrawn:

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

Adjourn.

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

DIE Martis, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the Second Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon in the Kingdom of Ireland; and for settling an Equivalent in other Part of his Estate on the Viscountess his Wife, for her Jointure; and to make a Provision for Bridget Viscountess Dillon, Wife of Richard now Lord Viscount Dillon;" to which they desire the Concurrence of this House.

Report from Trustees of forfeited Estates of late S. S. Comp. Directors, &c. delivered.

The House being informed, "That Mr. Martin, from the Trustees in whom the Estates of the late Directors of the South Sea Company and others are vested, attended:"

He was called in; and delivered, at the Bar, "A Report from the said Trustees, appointed by Act of Parliament for raising Money upon the Estates of the late Directors of the South Sea Company and others."

And withdrew.

And the Title of the said Report was read.

Allardes versus Smart & al.

The House being informed, "That the Cause wherein John Allardes Merchant is Appellant, and Jane Smart and her Children are Respondents, is in a Way of being accommodated:"

And thereupon the Agents on both Sides were called in; and severally acquainted the House, on Behalf of their Clients, "That they were upon Terms of Accommodation;" and desiring, "That the further Hearing the said Cause may be put off for some Time:"

And being withdrawn:

It is Ordered, That the further Hearing the said Cause be adjourned till Monday next.

Northamptonshire and Leicester Highways, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester."

A Rider was offered, to be added to the said Bill.

And the same was read, as follows:

"Provided always, That, for preventing the Fair hereafter mentioned from being prejudiced, and that the Price of Utensils of Husbandry, which are chiesly sold there, may not be enhanced, all Coaches, Chariots, Chaises, Waggons, Carts, or other Carriages, and all Horses, Mules, and Asses, laden or unladen, going to and coming from Boughton Green Fair, which is held the Day before Midsummer-day and Three Days after, and all Waggons, Carts, and Carriages, and all Horses, laden or unladen, with Goods for the said Fair only, for Three Days before and Three Days after the said Fair, shall pass and re-pass that Turnpike only which is to be built the nearest to Brampton Bridge, Toll-free; any Thing in this Act to the contrary notwithstanding."

And it being moved, "That the said Rider be read a Second Time:"

After Debate;

The Question was put, "Whether the said Rider shall be read a Second Time?"

It was Resolved in the Negative.

Then the Question was put, "Whether the said Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Importation of Naval Stores, to encourage, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act giving further Encouragement for the Importation of Naval Stores, and for other Purposes therein mentioned."

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

Middlesex and Essex Highways, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highways from The Stones End, at White Chappel Church, in the County of Middlesex, to Shenfield, and to the furthermost Part of the Parish of Woodford, leading to the Town of Epping, in the County of Essex."

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

Whereas Saturday last was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to enable His Majesty, His Heirs and Successors, to restrain the building, selling, or disposing, of Ships of War, or of great Force, for the Use of Foreigners:"

It is Ordered, That the House be put into a Committee thereupon, on Saturday next.

Sir W Davie's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Reversion, Freehold, and Inheritance, of Part of the Estate late of Sir William Davie Baronet, deceased (expectant on a Term of Five Hundred Years), to be sold, for Payment of his Daughters Portions and Legacies," 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 Com mittee 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.

Wallace's Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeosment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

An Exchange at Bristol, to build, Bill.

The Earl of Clorendon likewise reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Mayor, Burgesses, and Commonalty, of the City of Bristol, to build an Exchange there, for the Conveniency of the Merchants and Traders of that City," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

L. V Dillon's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Second Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon in the Kingdom of Ireland; and for settling an Equivalent in other Part of his Estate on the Viscountess his Wife, for her Jointure; and to make a Provision for Bridget Viscountess Dillon, Wife of Richard now Lord Viscount Dillon."

His Majesty's Content to it signified.

The Lord Carteret (by His Majesty's Command) fignified to the House, "That His Majesty had been informed of the Contents of the said Bill; and had no Objection to the passing thereof."

Meade versus Humphreys and Ligoe:

A Petition of Robert Meade, of Aylesbury, in the County of Bucks, Gentleman, was presented to the House, and read; complaining, not only of a most unjust and oppressive Proceeding against the Petitioner, but also the highest Contempt of the Judgement of this House, by Richard Humphreys an Attorney, and Francis Ligoe Under-sheriff of Bucks, in expressly insisting that the Petitioner shall pay him the said Humphreys the Costs and other Charges he was at in defending a former Petition in this House; and praying Relief in the Premises:

Pet. referred to Committee for Privileges.

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

E of Rothes' Privilege.

Ordered, That the Lords Committees for Privileges, to whom the Report on the Earl of Rothes' Complaint of a Breach of Privilege was referred back, to inquire by whom the said Breach of Privilege was committed, do meet on Friday next.

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein John Walker Merchant is Appellant, and William Mcpherson and Robert Forrester are Respondents:

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

Adjourn.

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

DIE Jovis, 8^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lord Visc. Dillon's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Second Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon in the Kingdom of Ireland; and for settling an Equivalent, in other Part of his Estate, on the Viscountess his Wife, for her Jointure; and to make a Provision for Bridget Viscountess Dillon, Wife of Richard, now Lord Viscount Dillon."

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

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for naturalizing Agatha Drummond;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for naturalizing James Girardot;" to which they desire the Concurrence of this House.

Walker versus Macpherson and Forrester.

A Petition of Alexander Hamilton, Agent for William M'pherson and Robert Forrester, Respondents to the Petition and Appeal of John Walker, was presented to the House, and read; setting forth, "That the said Appellant has, in an unwarrantable and unprecedented Manner, taken upon him to bring from Scotland the original Proceedings in this Cause before the Court of Session, whereby the said Respondents are deprived of having the Extracts of such Proceedings as is usual in Cases of like Nature;" and praying, That the Appellant may be ordered to transmit the said original Proceedings to the proper Officer in Scotland, whose Business it is to give both Parties Extracts of the same; and that the Hearing the said Cause, which is appointed for Friday next, may be put off to such further Time as their Lordships shall think fit."

And thereupon the Solicitors on both Sides were called in, and examined, touching the Notice given for putting off the said Hearing, and as to the Allegations of the said Petition.

And the said Appellant being examined upon Oath, in relation to the bringing the said original Proceedings from Scotland:

They were directed to withdraw.

And being withdrawn:

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

Wool Key Wharf, &c. to vest in His Majesty, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Ground, Wharf, and Key, called Wooll Key, in the Parish of All Saints, Barking, in the City of London, with the Buildings and Warehouses thereupon, in Trustees, for His Majesty, His Heirs and Successors for ever, subject to an Agreement made on His Majesty's Behalf, with the Wardens and Assistants of the Free School in Sevenoake, in the County of Kent," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be read the Third Time on Tuesday next; and the Lords to be summoned.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for better securing the Freedom of Elections of Members to serve for the Commons in Parliament;" to which they desire the Concurrence of this House.

Petitions for the Bill to encourage English Manufactures.

A Petition of the Traders in Raw Silk, in the City of London:

Also, a Petition of the Mercers, and other fair Traders in the Silk and Worsted Manufactures:

And also, a Petition of the Bailiff, Warden, and Court of Assistants, of the Company of Weavers, London; praying, "That the Bill, intituled, "An Act for making more effectual an Act, made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom," may pass:

Were severally presented to the House, and read; and severally ordered to be referred to the Committee of the whole House to whom the said Bill stands committed.

Sir William Davie's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Reversion, Freehold, and Inheritance, of Part of the Estate late of Sir William Davie Baronet, deceased, (expectant on a Term of Five Hundred Years) to be sold, for Payment of his Daughters Portions and Legacies."

The Question was put, "Whether the said 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.

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for the more equal paying and better collecting certain small Sums therein mentioned, for Relief of ship-wrecked Mariners and distressed Persons (His Majesty's Subjects) in the Kingdom of Portugal; and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Portugal;" to which they desire the Concurrence of this House.

Manufactures of this Kingdom, to encourage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making more effectual an Act, made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more effectual employing the Poor, by encouraging the Manufactures of this Kingdom."

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

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

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

Clauses in Quarentine Act, to repeal, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing such Clauses in the Act, passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague), as gives Power to remove Persons from their Habitations, or to make Lines about Places infected."

After some Time spent therein, the House was resumed.

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

Importation of Naval Stores, further to encourage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act, giving further Encouragement for the Importation of Naval Stores; and for other Purposes therein mentioned."

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

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

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

Freedom of Election, to secure, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for better securing the Freedom of Elections of Members to serve for the Commons in Parliament."

Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Report on Minshull's Petition relating to Earl Bristol's Privilege.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom was referred the Consideration of the Petition of Richard Minshull Esquire, in relation to the Earl of Bristol's Privilege: "That the Committee, having considered the said Petition, and examined into the Allegations thereof; and heard the several Judges of the Court of Common Pleas, in relation to what Offer was made by the said Earl's Agents of any Waiver of Privilege, in a Cause depending in the said Court between the Petitioner and the said Earl; his Lordship did thereupon voluntarily declare, he would not insist on his Privilege, in relation to the said Cause."

Which Report was read by the Clerk.

Middlesex and Essex Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highways from The Stones-end, at White Chappel Church, in the County of Middlesex, to Shenfield, and to the furthermost Part of the Parish of Woodford, leading to the Town of Epping, in the County of Essex."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Lord Viscount Dillon's Bill stands committed; to meet likewise on Tuesday next, at the same Place.

Drummond's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Agatha Drummond."

Ship-wrecked Mariners in Portugal, to relieve, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more equal paying and better collecting certain small Sums therein mentioned, for Relief of shipwrecked Mariners and distressed Persons (His Majesty's Subjects) in the Kingdom of Portugal; and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Portugal."

Girardot, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing James Girardot."

Adjourn.

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

DIE Veneris, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Earl of Rothes' Privilege.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom it was referred back to inquire by whom the Breach of the Earl of Rothes' Privilege was committed, the Names of the Persons chiefly concerned therein; (videlicet,) "Patrick Crombie, Walter Christieson, Merchants of Coupar in Fife, William Sibbald Writer, Thomas Greig Maltman, Andrew Rutherford late Bailey and Maltman, James Anderson Walker, John Duncan Weaver, David Melvill Weaver, James Smith Smith, of Coupar aforesaid, and Patrick Black Messenger."

Which Report being read by the Clerk:

It is Ordered, That this House will, on Monday Sevennight, take into Consideration the Punishment to be inflicted on the said Persons, for the said Breach of Privilege.

Wallace's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire and Hugh Wallace his Son, in relation to their Part in an Heritable Bond and Enfeofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond."

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

It was Resolved in the Affirmative.

An Exchange at Bristol, to build, Bill:

Hodie 3^a vice lecta est Billa intituled, "An Act to enable the Mayor, Burgesses, and Commonalty, of the City of Bristol, to build an Exchange there, for the Conveniency of the Merchants and Traders of that City."

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

It was Resolved in the Affirmative.

Schele's Nat. Bill.

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

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

It was Resolved in the Affirmative.

Clauses in Quarentine Act, to repeal, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing such Clauses in the Act passed in the Seventh Year of His Majesty's Reign (relating to Quarentine and the Plague), as gives Power to remove Persons from their Habitations, or to make Lines about Places infected."

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

It was Resolved in the Affirmative.

Malt Duties, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money, by Way of a Lottery, for the Service of the Year One Thousand Seven Hundred Twenty-two; and for transferring the Deficiencies of a late Malt Act to the Land Tax for the said Year; and for giving Time for inserting the Money given, with Apprentices in their Indentures; and touching lost Bills, Tickets, or Orders; and for exchanging the Tickets in the Exchequer for Certificates; and for suppressing Lotteries denominated Sales, and other private Lotteries; and for enlarging the Time for the Accomptant General of the Bank of England to return Duplicates of Annuities into the Exchequer."

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 the Five preceding Bills.

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

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

Amsinck's Petition to be added to Girardot's Nat. Bill.

A Petition of Paul Amsinck; praying to be added to the Bill depending in this House, intituled, "An Act for naturalizing James Girardot," was presented to the House, and read.

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

The House being informed, "That the said Paul Amsinck attended:"

He was called in, and took the Oaths appointed, in order to his Naturalization.

Snipwrecked Mariners in Portugal, to relieve, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more equal paying and better collecting certain small Sums therein mentioned, for Relief of shipwrecked Mariners and distressed Persons (His Majesty's Subjects) in the Kingdom of Portugal, and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Portugal."

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

Drummond's Nat. Bill.

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

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the last mentioned Bill stands committed.

Their Lordships, or any Five of them; to meet on Monday next, at the same Place.

Girardot, Nat. Bill:

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

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet likewise on Monday next.

And that the Petition of Paul Amsinck, praying to be added to the said Bill, be referred to the said Committee.

Salt Duties on curing White Herrings, &c. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking off the Duty upon all Salt used in the curing and making of White Herrings; and, instead thereof, laying a proportionable Duty upon White Herrings consumed at Home only; and for making an Allowance for Tobacco exported from Scotland, in the Time therein mentioned; and for giving further Relief to the Refiners of Rock Salt."

Importation of Naval Stores, to encourage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act giving further Encouragement for the Importation of Naval Stores; and for other Purposes therein mentioned."

After some Time spent therein, the House was resumed.

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

Adjourn.

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

DIE Sabbati, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ship-wrecked Manners in Portugal, to relieve, Bill:

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for the more equal paying and better collecting certain small Sums therein mentioned, for Relief of ship-wrecked Mariners and distressed Persons (His Majesty's Subjects) in the Kingdom of Portugal, and for other pious and charitable Purposes, usually contributed to by the Merchants trading to Portugal," was committed: That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Importation of Naval Stores, to encourage, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act, giving further Encouragement for the Importation of Naval Stores; and for other Purposes therein mentioned."

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.

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for the better preventing Abuses committed in weighing and packing of Butter, in the City of York;" to which they desire the Concurrence of this House.

Salt Duties in cunning White Herrings, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking off the Duty upon all Salt used in the curing and making of White Herrings; and, instead thereof, laying a proportionable Duty upon all White Herrings consumed at Home only; and for making an Allowance for Tobacco exported from Scotland, in the Time therein mentioned; and for giving surther Relief to the Refiners of Rock Salt."

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for better supplying the City and Liberties of Westminster, and Parts adjacent, with Water," to which they desire the Concurrence of this House.

Abuses in weighing Batter at York, to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better preventing Abuses committed in weighing and packing of Butter, in the City of York."

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir James Campbell and others:

With a Bill, intituled, "An Act to enable His Majesty to make such Provisions as is therein mentioned, for the Children of James Mackdonald, deceased, out of the Estate of the late Sir Donald Mockdonald, their Uncle, which was forfeited to His Majesty for High Treason;" to which they desire the Concurrence of this House.

Building or selling Ships of Force for the Use of Fore gners, to restiair, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable his Majesty, His Heirs and Successors, to restrain the building, selling, or disposing, of Ships of War, or of great Force, for the Use of Foreigners."

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

And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the Bill; and that he was directed by the Committee 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.

Adjourn.

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