Journal of the House of Lords: Volume 21, 1718-1721. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 21: April 1719, 11-20', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol21/pp125-152 [accessed 22 December 2024].
'House of Lords Journal Volume 21: April 1719, 11-20', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol21/pp125-152.
"House of Lords Journal Volume 21: April 1719, 11-20". Journal of the House of Lords: Volume 21, 1718-1721. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol21/pp125-152.
In this section
April 1719, 11-20
DIE Sabbati, 11o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Relief of Sufferers at Nevis and St. Christopher's, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of such Sufferers of the Islands of Nevis and St. Christopher's, as have settled in either of those Islands, and made due Proof of such Settlement, before the Twenty-fifth Day of December One Thousand Seven Hundred and Twelve."
Ordered, That the Consideration of the said Bill be committed to the Lords following: (videlicet,)
Their Lordships, or any Five of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Artificers, to prevent the seducing of, Bill.
Whereas Thursday next is appointed, for the House to be in a Committee again on the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts; and to prevent Foreigners being instructed in the said Manufactures."
The House being this Day moved, "That the Committee may sit on a shorter Day; in regard, if the said Bill should receive Alteration, there may not be sufficient Time for the passing thereof this Session:"
It is Ordered, That the House be put into a Committee thereupon on Monday next; and the Lords to be summoned.
Destroying Deer, to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer, in Parks, Paddocks, or other enclosed Grounds."
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. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
S. Sea Company Lottery Fund, redeeming, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for redeeming the Fund appropriated for Payment of the Lottery Tickets which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds for exporting Cards and Dice."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Bankrupts Bill.
The House (according to Order) was also adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better preventing Frauds committed by Bankrupts."
And, after some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Messages from H. C. with Bills.
A Message from the House of Commons, by Mr. Herne and others:
With a Bill, intituled, "An Act to naturalize Peter Lamy de Hame;" to which they desire the Concurrence of this House.
Also, a Message from the House of Commons, by Sir David Dalrymple and others:
With a Bill, intituled, "An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.
Ministers in Scotland to take the Oaths, 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 the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland."
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, with some Amendments; which he was directed to report, when the House will please to receive the same."
Ordered, That the Report of the said Amendments be received on Monday next.
Claims on forfeited Estates, Time enlarged, Bill.
The House (according to Order) was likewise adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enlarging the Time to determine Claims on the forfeited Estates."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Commissioner of forfeited Estates, in the room of Treby, Bill.
The House (according to Order) was also adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the room of George Treby Esquire, who has desired to be discharged from the said Trusts."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Hame, Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize Peter Lamy de Hame."
Whettston and Cottiby, Petition to be added to it.
Upon reading the Petition of Charlot Whettston and Rene Cottiby; praying, "That they may be added to the Bill depending in this House, intituled, An Act to naturalize Peter Lamy de Hame."
Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum tertium diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Lunæ, 13o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Message from H. C. for a Conference, desired on the Lords Amendments to East India Bill:
A Message from the House of Commons, by the Marquis of Granby and others:
To desire a Conference with this House, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."
To which the House agreed.
Conference agreed to:
And the Messengers were called in; and acquainted, That the Lords dó agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."
Managers.
The Lords following were named Managers of the Conference; (videlicet,)
Lord Chamberlain. D. Bucks. D. Roxburgh. E. Manchester. E. Scarsdale. E. Yarmouth. E. Nottingham. E. Ilay. E. Cowper. E. Stanhope. |
L. North & Grey. L. Cornwallis. L. Lumley. |
Relief of Sufferers at Nevis and St. Christopher's, Bill:
The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for Relief of such Sufferers of the Islands of Nevis and St. Christopher's, as have settled in either of those Islands, and made due Proof of such Settlement, before the Twenty-fifth Day of December One Thousand Seven Hundred and Twelve," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Then the said Bill was read the Third Time.
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. Fellows and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Mrs. Whettston takes the Oaths.
This Day Mrs. Charlot Whettston took the Oaths, at the Bar, in order to her Naturalization.
Sir W. Courtenay versus Langford:
A Petition of Sir William Courtenay Baronet was presented to the House, and read; setting forth, "That the Cause wherein the Petitioner is Appellant, and William Langford Senior and William Langford Junior are Respondents, stands for an Hearing this Day; that the Solicitor for the Respondents hath given Notice, in Writing, to the Petitioner's Solicitor, That the Respondent William Langford Junior, in March last, coming over from Dublin to attend the Hearing of the said Appeal, was, together with the Ship and Passengers, cast away and lost in such Voyage;" and praying, "That the Hearing the said Cause may be adjourned over till the next Session of Parliament; and that, in the mean Time, the Petitioner may be at Liberty to make the proper Representatives of the said William Langford Parties to the said Appeal:"
And the Solicitors on both Sides being called in, and examined, on Oath, in relation to the Allegations of the said Petition; and (fn. 1) withdrew:
Appeal to be amended.
It is thereupon Ordered, That the Hearing the said Cause be adjourned over till the next Session accordingly; and that the Petitioner may be at Liberty, in the mean Time, to amend his said Appeal, by making the proper Representatives of the said William Langford Junior Parties thereunto, as desired.
Conference on the Bill for securing the E. I. Trade:
The House being informed, "That the Managers of the Conference for the House of Commons were now ready, in the Painted Chamber:"
The Names of the Managers for this House were read.
And the House was adjourned during Pleasure, and the Lords went to the Conference.
Which being ended, the House was resumed.
And the Earl of Manchester reported, "That the Lords had been at the Conference; and were acquainted by the Commons, That they agree to all their Lordships Amendments made to the said Bill, except to Clauses A. and B.; to which they disagree, and gave Reasons for such their Disagreement."
And also delivered the Bill, with the Amendments.
Lords do not insist on Clauses to it:
The said Clauses, being severally read by the Clerk, were agreed by the House, not to be insisted on.
Message to H. C. to acquaint them with it.
And a Message was sent to the House of Commons, by Mr. Fellows and Mr. Meller:
To acquaint them therewith.
Ministers in Scotland, to take the Oaths, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland," was committed, the Amendments made by the Committee to the said Bill.
Which were read Twice, by the Clerk; and, with an Amendment to One of them, were agreed to by the House; and are as follow; (videlicet,)
"Pr. 2. L. 17. Leave out ["this Realm"]; and insert ["of England, of Scotland, or of Great Britain"].
"Pr. 6. L. 22. Leave out ["Oaths"], and insert ["Oath"].
"L. 23. Before ["Assurance"], insert ["the"].
"L. 25. After ["subscribed"], insert ["in Lieu of the Oath of Abjuration formerly required by Law"].
Claims on forfeited Estates, Time enlarged, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Time to determine Claims on the forfeited Estates."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Commissioner of forfeited Estates, in the room of Treby, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the room of George Treby Esquire, who has desired to be discharged from the said Trusts."
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 Two last Bills.
Messages were severally sent to the House of Commons, by Mr. Fellows and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Naval Stores, Importation, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for giving further Encouragement for importing Naval Stores."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Fellows and Mr. Meller:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which they desire their Concurrence.
S. S. Comp. Lottery Fund, redeeming, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for redeeming the Fund appropriated for the Payment of the Lottery Tickets, which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money, to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds, for exporting Cards and Dice."
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. Fellows and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Repairing Highways in Scotland, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland."
Artificers, to prevent the seducing of, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts; and to prevent Foreigners being instructed in the said Manufactures."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Agazzi, E. of Peterborough's Servant, arrested:
Complaint being this Day made to the House, and Oath made at the Bar, "That Nicholas Agazzi, a menial Servant of Charles Earl of Peterborow and Monmouth, was arrested, within the Time of Privilege of Parliament, at the Suit of Moses Vita Sacerdoti, by Thomas Charnock, a Sheriff's Officer, in Breach of his Lordship's Privilege, and the Privilege of this House:"
Sacerdoti and Charnock to be attached.
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Moses Vita Sacerdoti and Thomas Charnock, and bring them in safe Custody to the Bar of this House, to answer for their said Offences; and this shall be a sufficient Warrant on that Behalf.
To Sir William Sanderson, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Hame's Nat. Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to naturalize Peter Lamy de Hame."
Ordered, That the Consideration of the said Bill be committed to 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.
Whettston and Cottiby's Petition, to be added to it.
Ordered, That the Petition of Charlot Whettston and Rene Cottiby, presented to the House and read Yesterday, be referred to the before mentioned Committee, in order for the Petitioners to be added to the said Bill, if their Lordships shall think fit.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum quartum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Martis, 14o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Message from H. C. with a Bill.
A Message from the House of Commons, by Mr. Cartwright and others:
With a Bill, intituled, "An Act to enable Robert Packer Esquire and Mary his Wife, Winchcombe Howard Packer (their Son, a Minor), Henrietta Winchcombe, and Thomas Skerrett Esquire and Dame Elizabeth Winchcombe his Wife, to enter their respective Claims before the Commissioners and Trustees for determining Claims upon the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the said Claims;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Bankrupts Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better preventing Frauds committed by Bankrupts."
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. Fellows and Mr. Meller:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Cary to be continued in Custody after the End of the Session, for Non-payment of Costs.
Upon reading the humble Representation of Sir William Sanderson Knight, Gentleman Usher of the Black Rod; setting forth, "That, by Order of this House made in the last Session of Parliament, John Cary, for his Contempt in not paying the Costs awarded against him on hearing his Appeal, was attached by the late Black Rod, and continues still in Custody, having made no Application for his Discharge; and the End of this present Session being conceived to be near, the said Cary (as he pretends) shall then be set at Liberty of Course;" and praying, "That this House will make such Order in the Premises as shall be thought meet:"
And the said Order of Attachment being read:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Cary be, by the said Sir William Sanderson, still kept in Custody, as in Execution, for the said Costs, till he not only pay the same, as by the Order on hearing his Appeal is directed, but also the Fees due to the Officers of this House.
To Sir William Sanderson, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Proprietors of Navy Bills, &c. Relief, Bill.
A Message from the House of Commons, by Mr. Morrice and others:
With a Bill, intituled, "An Act for Relief of the Proprietors of several Navy, Victualing, and Transport Bills, and Army Debentures;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time To-morrow.
Ministers in Scotland, to take the Oaths, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Fellows and Mr. Meller:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which they desire their Concurrence.
Highways, in Scotland, repairing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Peerage of Great Britain, Bill.
The Order of the Day being read, for the Third Reading of the Bill, intituled, "An Act for settling the Peerage of Great Britain:"
It is Ordered, That the said Bill be read the Third Time on this Day Fortnight.
Artificers, to prevent the seducing of, Bill.
The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to prevent the Inconveniences arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures," was committed, the Amendments made by the Committee to the said Bill, as follow; (videlicet,)
"Pr. 1. Line 16. Leave out from ["away"], to ["And whereas"], in the 26th Line of the same Press.
"Pr. 2. L. 32. Leave out from ["paid"] to ["Provided"], in the 32d Line of the next Press.
"Pr. 6. L. 19. Leave out from the Word ["given"] to the End of the Bill.
"At the End of the Bill add Clause (A.)
"(A.) And be it further Enacted, by the Authority aforesaid, That if any of the abovementioned Offences shall be committed in that Part of Great Britain called Scotland, the same shall be prosecuted in the Court of Justiciary, or the Circuits there."
"In the Title of the Bill, 3d Line, leave out from ["Parts"] to the End of the Title."
And a Clause being offered, to be added to the said Bill, the same was read, as follows:
"And be it further Enacted, by the Authority aforesaid, That no Foreigner shall be hereafter capable of being bound an Apprentice to any Artificer in Great Britain, unless he first give sufficient Security, at the Quarter Sessions to be held for the County where such Artificer then dwelleth, that such Foreigner shall not depart out of Great Britain, within Seven Years after the Determination of his Apprenticeship, without express Leave first given by the Justices of the Peace of the said County, in open Court, at some Quarter Sessions to be held for that County; and that every Artificer taking any Foreigner for his Apprentice, who hath not first given such Security as aforesaid, shall be incapable of exercising his Trade or Manufacture for the Space of Seven Years."
And the same being read a 2d Time;
And Debate thereupon:
The Question was put, "Whether the said Clause shall be made Part of the Bill?"
It was Resolved in the Negative.
Then the Amendments, being read Twice by the Clerk, were severally agreed to by the House.
Clent's Bill.
A Message from the House of Commons, by the Lord William Pawlet and others:
With a Bill, intituled, "An Act for the Relief of Edward Clent Esquire, Executor of Lieutenant Colonel Thomas Clent, for an Army Debenture lost in the Pay-office;" to which they desire the Concurrence of this House.
The said Bill was read the 1st Time.
Equivalent for Scotland, Bill.
A Message from the House of Commons, by Mr. Farrer and others:
With a Bill, intituled, "An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland, in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Bill for Ministers in Scotland to take the Oaths.
A Message from the House of Commons, by Sir David Dalrymple and others:
To return the Bill, intituled, "An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland;" and to acquaint this House, that they have agreed to their Lordships Amendments to the said Bill, with an Amendment to One of them; to which they desire their Lordships Concurrence.
Then the House took the said Amendment into Consideration.
Which, being read by the Clerk, was agreed to.
And a Message was sent to the House of Commons, by Mr. Fellows and Mr. Meller, to acquaint them therewith.
Boswell's Petition, touching Dagenham Breach.
A Petition of William Boswell, was presented to the House, and read; complaining of his being aggrieved by the Trustees for stopping Dagenham Breach, in relation to a Contract made by the Petitioner with the said Trustees for stopping the said Breach, and otherwise; and praying Relief:
It is Ordered, That the said Petition do lie on the Table.
Repairs of Parliament-office, and Records in Offices, Report.
The House being informed, "That the Committee, to whom it was referred to inspect the Repairs of The Parliament-office, and the Condition of the Records in Offices, were ready to make their Report:"
It is Ordered, That the same be received Tomorrow.
No more Appeals to be heard this Session.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear no more Appeals this Session of Parliament.
Relief of Poor Prisoners, Bill.
Whereas this Day was appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Relief of poor Prisoners for Debt:"
It is Ordered, That the House be put into a Committee thereupon To-morrow.
Habkins' Petition, about Costs in Scotland.
A Petition of William Habkin, Beltmaker in Edinburgh, was presented to the House, and read; reciting an Order and Judgement of this House, made in 1715, on hearing his Appeal, whereby it is remitted to the Lords of Session to tax the Petitioner his Costs of Suit; and also a Proceeding of this House, of the last Session of Parliament, upon a Complaint of the Petitioner, of his not being allowed his Costs; and praying, "That their Lordships will make such final Order for his Costs, both here and in Scotland, as shall be thought proper for his Relief, and to answer the former Orders of this House:"
It is Ordered, That the said Petition be, and is hereby, referred to the Lords following; whose Lordships, having considered thereof, are to report their Opinion thereupon to the House; (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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum quintum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Mercurii, 15o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Packer's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Robert Packer Esquire and Mary his Wife, Winchcombe Howard Packer (their Son, a Minor), Henrietta Winchcombe, and Thomas Skerrett Esquire and Dame Elizabeth Winchcombe his Wife, to enter their respective Claims before the Commissioners and Trustees for determining Claims upon the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the said Claims."
Ordered, That the Consideration of the said Bill be committed to 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.
Repairs of Parliament-office, and Records in Offices, Report re-committed.
The Earl of Clarendon (according to Order) reported from the Lords Committees, appointed the Fifth of December last, to inspect the Repairs of The Parliamentoffice, pursuant to the Address of this House to His Majesty of the Fourth of July 1717, and His Majesty's Directions thereupon; and to report to the House what hath been done therein; and whether there hath been any and what Hinderance, and the Reasons thereof; and to whom it was referred to inspect the Condition of the Records in Offices.
Which Report being read by the Clerk; and Notice being taken of an Omission therein, as to that Part thereof which mentioned certain Bags of Records being brought from The Pell-office:
It is Ordered, That the said Report be re-committed to the same Committee, in order for their Lordships to amend it in the Particular abovementioned.
Their Lordships, or any Five of them; to meet To-morrow, in the Prince's Lodgings, for that Purpose.
Relief of Poor Prisoners, Bill.
Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the Relief of poor Prisoners for Debt:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House be put into a Committee thereupon, on Wednesday next.
Equivalent for Scotland, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland, in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Clent's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief of Edward Clent Esquire, Executor of Lieutenant Colonel Thomas Clent, for an Army Debenture lost in the Pay-office."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Proprietors of Navy Bills, &c. Relief, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for Relief of the Proprietors of several Navy, Victualing, and Transport Bills, and Army Debentures."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Artificers, to prevent the seducing of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts; and to prevent Foreigners being instructed in the said Manufactures."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Fellows and Mr. Bennet:
To return the beforementioned Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, to which they desire their Concurrence.
Highways in Scotland, repairing, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Hame's Nat. Bill.
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Peter Lamy de Hame," was committed: That they had gone through the Bill; and directed him to report the same to the House, with some Amendments."
Which were read Twice, and agreed to.
E. of Peterborough's Privilege:
A Petition of Moses Vita Sacerdoti and Thomas Charnock, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in arresting a Servant of the Earl of Peterborow and Monmouth, was presented to the House, and read; expressing their Sorrow for their Offence, and heartily begging Pardon of this House and the said Earl for the same; and praying to be discharged.
They were thereupon, severally, brought to the Bar; where they, on their Knees, being reprimanded, by the Lord Chancellor:
Sacerdoti and Charnock discharged.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Moses Vita Sacerdoti and Thomas Charnock be, and are hereby, discharged (paying their Fees); and this shall be a sufficient Warrant on that Behalf.
To Sir William Sanderson, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum sextum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Jovis, 16o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Plunket & al. versus Macartney & al.
A Petition of Plunkett Plunkett Esquire, One of the Appellants in a Cause depending in this House, wherein the Honourable James Macartney Senior, John Roberts, Gerald Cuffe, Michael Cuffe, and James Macartney Junior, Esquires, are Respondents, was presented to the House, and read; setting forth, "That, on the 28th of February last, being the Day the Petitioner's Appeal was received, the Respondents obtained an Order, "That the Court of Chancery in Ireland should be at Liberty to proceed in the Accompt, notwithstanding the Appeal;" and forasmuch as the Manner of accompting is the chief Matter that will come in Judgement before their Lordships, the Petitioner humbly prays, That the said Order of the 28th of February last may be discharged, or such other Order may be made as to this House shall seem meet:"
And after reading the said Order, and hearing the Agents for the said Parties, and Mr. Macartney, in relation thereunto:
It is Ordered, That the Order of this House, of the Eight and Twentieth of February last, be confirmed; but without Prejudice as to any Demand of the Appel lants, as may appear to the House on hearing the Appeal.
Repairs of Parliament-office, and Records in Offices, Report.
The Earl of Clarendon reported from the Lords Committees to whom the Report in relation to the Repairs of The Parliament-office, and the Inspection of Public Records, was Yesterday re-committed:
"That they had supplied the Omission therein, touching the Records in certain Bags brought from The Pell-office, pursuant to the Intention of the House."
And the said Report, being read intire, was agreed to by their Lordships, and is as follows; (videlicet,)
"That, their Lordships having met, they immediately proceeded to view the said Office; and finding a great deal wanting, to compleat the Repairs directed, sent for the Officers of His Majesty's Works: Who, attending accordingly, delivered to the Committee, an Abstract of the Charge which the Repairs then done had occasioned: By which it appeared, that notwithstanding the same were not near compleated, yet the Estimate contained in the said Address was very much exceeded. And their Lordships, inquiring into the Reasons of the Delay in carrying on the said Repairs, found the same was chiefly occasioned by an Alteration made of the Officers of the Works, upon Mr. Benson's being appointed Surveyor General.
"The Committee then perused the abovementioned Address, and the Estimate therein contained; and understanding Mr. Hawksmore (who had been lately removed) was first chiefly concerned in directing the said Repairs, their Lordships gave Order for him to lay before them an Account, in Writing, what Part of the Work mentioned in the said Estimate had been performed, and what Part had not been performed; together with an Accompt of the Expence of each particular Article that had been performed, with the respective Values of each Particular, during his Continuance in his late Office. Accordingly Mr. Hawksmore sent to the Committee a Paper, in Return to the said Order: Which though not satisfactory to their Lordships; yet, he being so very ill at that Time as not to be able to attend himself, to be examined, their Lordships gave further Order, for his laying before them an Accompt of what Allowances was to be made in respect of the old Materials? whether any, and how much, of His Majesty's Stores had been used? and what Allowance, by Way of Deduction, was to be made for the same?
"And the Committee having, in Pursuance of the said Order, received a further Account from Mr. Hawksmore, and examined the Surveyor General in relation thereunto; their Lordships directed Copies of Mr. Hawksmore's Papers to be transmitted to the Officers of the Works, for them to examine what Work has been performed in the said Repairs; and to liquidate or adjust the Bills, as is agreeable to the Method of their Office; and to lay a Particular before the Committee, of what Work was remaining to be performed in Pursuance of the Estimate contained in the said Address, with an Accompt of the Charge of what remained to be so performed; and likewise what might be further necessary to be done in relation to the Repair of the said Office. Some Time after this, the said Surveyor General attending the Committee, and being inquired of in relation to the last mentioned Order; he acquainted their Lordships, "That they had not been able to adjust the Bills, not having a Master-mason; but that they were before the Treasury, and believed they would soon be settled." However, it having been represented to the Committee, by the Clerk, "That a speedy Progress in the said Repairs was absolutely necessary for the Preservation of the Records;" their Lordships agreed to go, the First Opportunity, again to the said Office; and directed the said Surveyor General to attend.
"Accordingly the Committee repaired thither; and, amongst other Things thought further necessary to be done, their Lordships gave particular Directions for the speedy sitting up the little Room on the First Floor, for keeping the Journals only: And considering that a Fire would be not only convenient, but necessary, to be kept during the cold and damp Season of the Year; especially in regard the Lords themselves might often have Occasion to peruse the Journals there; the Committee directed a Chimney to be made in the said Room: And, upon this Occasion, their Lordships having been informed, "That no Public Allowance whatsoever was made, either for Coals or Candles, which in most or all Public Offices there is;" the Committee beg Leave to offer this Matter to your Lordships Consideration, That Provision may be made, that a reasonable Quantity of Coals and Candles may be supplied, to be used in the said Room where the Journals only are to be kept, as also the Rooms adjacent, where the Clerks write, and the other Records are kept, in the Tower of the said Office. And the Committee, before they conclude this Subject, think proper to acquaint your Lordships, that of late such a Progress has been made, and is daily making, in the said Repairs, that the same will be entirely perfected in a short Time.
"On the Ninth of December last, your Lordships having thought proper to direct this Committee to view the Records of the Court of Chancery in The Tower, and those fit to be carried thither; also to consider what Place there is proper to receive them; and likewise to view all such other Public Records as they shall think proper, and in what Manner and Place the same are now kept; and to empower them to send for Persons, Papers, and Records: Their Lordships did, in the First Place, send for, and examine, the Two Senior Six Clerks of the Court of Chancery; who acquainted their Lordships, "That there were a vast Quantity of Bills, Answers, Depositions of Witnesses, and other Pleadings, from the Reign of King Charles the First, which, about Six Years since, were bundled up, and put into a proper Condition to be transmitted to The Tower; but, upon Inquiry there, it was said, "That there was no Reception for them in The Record Room." However, Sir Christopher Wren having, by the Direction of the then Lord Chancellor, viewed several Places in The Tower, and found a handsome Room there, as he thought proper to be sitted up, for receiving and keeping the said Records, Application had been made to the Treasury concerning this Matter; between whom and the Officers of Ordnance, who claimed that Room, there has been a Dispute, which is not yet determined."
"The said Six Clerks further informed the Committee, "That the last Transmittance of the Chancery Records to The Tower was in the Year 1674; and that an Order was made, the Sixth of August 1712, by the then Master of The Rolls, for the like Transmittance of such Records, from the Beginning of King Charles the Second to the Beginning of the late King James;" a Copy whereof they delivered to the Committee. And being inquired of, "In what Manner those Records now lie at The Six Clerks Office; and whether Recourse could be had to them?" They answered, "That the said Records were in Safety, and had not yet received any Damage; but that it was very difficult to find any Thing in them as they at present lie."
"The Committee likewise examined Mr. Saunderson, Deputy Usher of the Rolls, touching certain Records and Papers, which, their Lordships had been informed, appeared to View upon pulling down the old House of the Master of The Rolls. Who acquainted the Committee, "That there were a vast Quantity of Papers, which lay in a confused Manner, and consisted of Bills, Answers, and Proceedings, in Chancery, from the Time of Queen Elizabeth downwards; also Depositions, Dockets, and Writs, but no Decrees; and that those Papers were of like Nature with those in The Six Clerks Office; but they, being very numerous, would take up a great deal of Time to put them up, sit to be transmitted to The Tower." Whereupon their Lordships are of Opinion, Directions should be given for putting up the Papers to be so transmitted; as likewise any old Bills and Answers, or other Proceedings, which may be found not already bundled up in The Six Clerks Office.
"The Committee, after this, repaired to The Tower of London themselves; and being there attended by Mr. Topham and Mr. Holmes, their Lordships first viewed The Office of Records, and found the loose Papers and Parchments, which heretofore lay in great Confusion within the Chapel of The White Tower, were most of them sorted and put into Order of Time, in an excellent Manner, in Pursuance of several Reports from former Committees of this House for Records, and Applications thereupon to the Crown. But Complaint being still made of the Want of Room, for receiving and distinctly disposing the Public Papers and Records remaining to be put in Order; the Committee were of Opinion, That a large Room on the East Side of The White Tower, adjoining to Cæsar's Chapel, being Sixty-four Feet long and Thirty-one Feet wide, should be allotted for that Use and Purpose, as well as for the Reception of the Records to be transmitted from the Court of Chancery: And their Lordships thereupon directed a Plan to be made of the said Room, and an Estimate of the Charge of sitting up the same; which having been made accordingly, the said Estimate amounts to about Three Hundred and Thirty Pounds.
"The Committee, on this Occasion, crave Leave further to observe to your Lordships, That it appearing to them, that the Floor of Cæsar's Chapel being much broken, and subjected to the raising of Dust, to the Damage of the Records, are of Opinion, that the same ought to be boarded, in the plainest and strongest Manner.
"The Committee having received Information, "That a great Quantity of Records and Papers of the late Court of Wards, which some Years since were brought from a House belonging to the King's Fishmonger, in Fish Yard, over the Prince's Chamber, and lately removed from thence over the Black Rod's Room, and lodged there with divers ancient Records of the Court of Requests, where they now lie in great Disorder:" Their Lordships took a View of the same; and directed Mr. Anstis, Garter King of Arms, to inspect the said Records, in order to the placing them in a proper Method. Who, having accordingly made such Inspection, delivered a Memorial concerning them, to the Effect following; (videlicet,)
"That, if it was their Lordships Pleasure to have those Records or Papers digested into Order, and to annex the keeping of them to the Office of Garter King of Arms, he was willing to undertake the Care thereof; these Instruments, taken upon Oath, being the most certain Proofs of the Descents of the Nobility and Gentry, &c.
"In which Case, he humbly proposed, that each Instrument should be reduced according to Order of Time, with regard to the Subject-matter of it; and the Contents put into Calendars, with Three Indexes; One of the Surnames, the other of Lands, and the Third of Matters, all alphabetically disposed under the particular Counties; and that the loose Papers, whereof there were an immense Quantity, might be bound into Volumes (if they appeared to be of Value), for preserving and keeping them constantly in the same Method.
"That the Expence of new binding such Books as want it, and of the Paper for making Indexes, &c. should be from Time to Time re-paid, with other incident Charges, upon laying particular Accompts thereof before the Lords of the Treasury for the Time being.
"These Instruments, consisting of Duplicates of Inquisitions post Mortem, and Proceedings of Course in the Court of Wards, such as Liveries, Ouster le Mains, Premier Seisins, Proofs of Age, Tenures of Lands, and Services thereof, together with Proceedings in Cases of Controversies, and a great Quantity of old Deeds, would require much Time and Pains to be put into Method; so that if their Lordships thought reasonable that Three Clerks should be allowed (who have been conversant in Matters of Record) to be employed, with such Salaries as should be judged proper; those Persons might be sworn before One of the Barons of the Exchequer (the said Papers relating formerly to the Revenue), not to embezzle or alter any of them, or any other Papers under their Charge; and if he was permitted the Liberty of nominating them, he would be answerable for their Abilities, Integrity, and Progress in that Affair; as also that the Catalogues should be transmitted to the Clerk of the Parliaments, subscribed by him the said Garter, as a Charge upon himself, to be afterwards signed in like Manner by the successive Garters Kings of Arms; and the same, if thought necessary, might be printed for that Purpose, as well as for the Public Service.
"The Books, Parchments, and Papers, belonging to the Court of Requests, should be placed according to the Catalogue of them formerly printed by Sir Julius Cæsar; and when the Contents of them are better known, a further Account should be laid before their Lordships. And submitted it to their Lordships, whether it were not necessary to have His Majesty's Warrant for these Purposes, if their Lordships approved thereof.
"The Committee having likewise been informed, by the said Mr. Anstis, "That several Bags of Records hung up by The Pell-Office, in the Exchequer, some of which were thought very valuable, and no Way belonging to that Office:" Their Lordships sent for, and examined, Mr. Sadler Deputy Clerk of The Pells, in relation thereunto. Who acquainted the Committee, "That he believed they were brought thither at the Time of the Fire which happened at Whitehall, in the Time of King James the 1st; and had been told, some of them were very valuable, but not at all, as he apprehended, belonging to the Revenue." Where upon immediate Order was given for bringing the said Bags to the Committee: And the same being brought accordingly, there were found to be 21 Bags full of Records; which being, by Direction of their Lordships, sealed up and marked, the same at present remain in the Custody of Mr. Incledon, your Lordships Housekeeper.
"And on Consideration of the said Memorial laid before the Committee by the said Mr. Anstis, and of the Nature of the said Records, Papers, or Writings, contained in the said 21 Bags; their Lordships are of Opinion, That it will be for the Service of the Public, to have the several Records, Papers, or Writings, mentioned in the said Memorial, and contained in the said 21 Bags, digested into Order; and for that Purpose, that they may be placed under the Care of the said Mr. Anstis, whom we conceive to be a very proper Person to methodize the same; and that he may be ordered to make such Calendars and Indexes thereof as are mentioned by him in his said Memorial; and that such of the loose Papers as shall appear to him to be of Value may be bound up, for the better preserving and rendering them more useful; and that Catalogues of such Records and Papers aforesaid, as soon as the same can be perfected, may be transmitted by the said Mr. Anstis to the Clerk of the Parliaments. And forasmuch as we conceive the Work aforesaid will necessarily require the Assistance of Three Clerks, to perfect the same in any reasonable Time, according to the Proposal of the said Mr. Anstis; it seems reasonable to us, that he may have such Assistance of Clerks, and that such Recompence may be made the said Mr. Anstis and his Clerks, as shall be thought proper.
"And in regard some large and convenient Place is necessary for the keeping and preserving the several Records or Papers mentioned in the said Mr. Anstis's Memorial, and contained in the said 21 Bags, their Lordships have been at the Cathedral Church of St. Paul, to see if there was any Place which might be thought proper for repositing and preserving the said Records or Papers; and, having surveyed several Upper Rooms and Apartments, conceive, that an Upper Room on the South Side of the said Cathedral over the Isle on the Left Hand of the South Door, which is near The Heralds Office, is a very convenient Place for that Purpose: And their Lordships, having had an Opportunity to discourse with the Dean and some of the Chapter of the said Cathedral Church, have good Reason to believe there will be no Difficulty in obtaining the Consent of that Body. And the Committee having, in Pursuance of a Request made by their Lordships, received a Plan or Scheme of sitting up the said Room for that Use, with an Estimate of the Charge thereof, the same amounts to Seven Hundred and Eight Pounds.
"The Committee understanding that divers Records, in the Custody, and under the Care, of the Deputy Chamberlains of the Exchequer, were in great Disorder, if not in a dangerous Condition; their Lordships sent for, and examined, the said Deputy Chamberlains; who acknowledged there were a great many Records in their Custody, which were in a confused Condition, and liable to Ruin, for Want of an Allowance for Hands to put them in Order. And being asked, "If they could give a particular Account of the Nature of them?" They delivered to the Committee an Account accordingly, as drawn up some Years ago by Mr. Lowe and Mr. Le Neve late Deputy Chamberlains, which is as follows:
"An Account of the several Records, in the Court of the Receipt of the Exchequer, in the Custody of the Lord Treasurer, or the Right Honourable the Lords Commissioners of the Treasury, for the Time being, the Chamberlains of the Exchequer, and their Deputies.
"First, Foreign Records, as Leagues or Treaties betwixt the respective Kings of this Realm, and the Foreign Kings, Princes, Dukes, Earls, and Commonwealths of Europe; scilicet, The Empire, France, Spain, Scotland, Denmark, Holland, Flanders, Castile, Portugal, Aragon, Burgundy, Genoa, &c. from before the Time of King Edward 1st (together with many Bulls of sundry Popes) to the Time of King James the First inclusive (but none since); with many Letters and Cyphers of Ambassadors, in their Negotiations, in Henry VIIIth's Time, &c.
"Secondly, Domestic Records, wherein are comprised such as concern, First, Matters of Estate and the Crown only, as several Rolls, Deeds, Papers, and Books, relating to the Dissolutions of the Abbies, Suppression of the Pope's Supremacy, and acknowledging King Henry the VIIIth, the Marriages and Divorce of that King; several original Parliament Rolls of the Time of King Edward the First; the Wills of the Kings Hen. VII. and VIII, with an Exemplification of the last; sundry Broad Seals and Privy Seals canceled, for Loans of Money; several Books covered with Blue Velvet, and embossed with Silver, touching the Foundation of Hen. VIIth's Chapel, and Agreements between that King and the Abbot of Westm'r for Masses, &c. to be said in that Chapel for his Soul: A Box, sealed with the Seals of the Right Honourable Charles Mountagu Esquire, Chancellor of the Exchequer, late Lord Halifax, and John Smith Esquire, Privy Counsellors, wherein are certain old Assays of Gold and Silver, small Wedges of Silver, old small Weights, old Rolls of the Trial of the Pix, Warrants and Accompts thereof, which were in a Bag of Cordovar quite rotten; and, by Order of the Council, they were put into this Box, and sealed up; likewise the Assays of Gold of several Kings Reigns, &c. with many others of the like Nature, scilicet, the Exemplification of Sir Thomas Gresham's Will, Knight, &c.
"Thirdly, The Records of the King's Court, from Richard 1st. Time to King John, and King Henry IIId. Part of His Reign inclusive, before the Division thereof into the Courts of King's Bench and Common Pleas; the Rolls of the Records called the King's Bench, of the Times of King Henry III. R. II. Hen. IV. Hen. V. inclusive, intituled, Placita coram Domino Rege: The Rolls of the Court of Common Pleas, of the Reigns of the Kings Hen. III. E. I. E. II. E. III. R. II. H. IV. H. V. H. VI. E. IV. and H. VII. inclusive; but none since, by Reason of the Neglect of the respective Officers of those Courts to transmit them to the King's Treasury; these being called Placita de Banco, Temporibus &c.
"Fourthly, The several Fines of Lands, levied in all the Counties of England, from the Reign of King Richard I. to the Year 1660 inclusive, transmitted from the Custos Brevium Office.
Fifthly, The Rolls of Assizes and Pleas of the Crown afore the Justices Itinerant, in almost all the Counties of England, called Placita Jurator. & Assisar. coram Justiciar, Itinerantibus in diversis Comitatibus Angl., & Placita Coronæ, in the Reigns of the Kings H. III. E. I. E. II. E. III. and other Reigns; the Placita Aulæ of several Kings Reigns, scilicet, E. I. E. II. and E. III., Rotulus Marescalciæ Tempore E. I., the Pleadings of Quo Warrantos of the Times of King E. I. E. II. E. III. in most Counties of England, together with those of the Islands of Jersey and Guernsey, most of which are bound up with the Assize Rolls of those Reigns.
"Sixthly, Old Evidences and Deeds, many Accompts of Auditors, Receivers, &c. and Surveys and Court Rolls of divers Honours, Manors, Lands, and Tenements, in England and Wales, which came to the Possession of several Kings of England, the Princes of Wales, and Dukes of Cornwall, by Purchase, Exchange, Forfeiture, or Escheat, from the Reign of King Edward First to the Time of King Henry VIIIth inclusive; with Surveys, (fn. 2) Deeds, Court Rolls, &c. of the lesser Monasteries in several Parts of England, and their Surrenders, which were granted to Cardinal Wolsey in the said Reign; together with all the Deeds, Books, Papers, and Letters Patents, which were seized into the King's Hands, on his being guilty of the Præmunire; together with the old Deeds of some few Abbies and Priories, surrendered into King Henry VIIIth's Hands, before the Acts of Parliament for Dissolution of Abbies, &c.; all which were formerly transmitted into the King's Treasury, into the Custody of the Lord Treasurer and Chamberlains of the Exchequer by their Deputies, immediately after their being purchased, surrendered, forfeited, &c.; sundry Accounts of the Staple of Calais, of the French Territories, of the Butlerage of England, Buildings at Windsor, of the Hanaper, Wardrobe, Jewels, &c.
"The Record called Doomsday Book, in Two Volumes; One, in Quarto, containing the Counties of Norfolk, Suffolk, and Essex; the other, in a large Folio, containing the other Part of England, except Durham, Northumberland, Cumberland, Westmorland, and Part of Lancaster; with a Third Book in Folio, containing an Abstract of those Two Books, very ancient: Several Bags of Perambulations and Inquisitions of Assarts, Vert, and Venison; Rolls of the Justices in Eyre, of several Forests, in the Times of King Edw. I. E. II. and E. III.; a Book of Perambulation of the Forests North Trent, in the Time of K. H. VIIIth; the Justice Seats of Waltham and the New Forests, before Awbrey Earl of Oxon, in the Time of King Charles the IId; many Counter Pells of several Reigns, from the Times of King Edw'd First, to King Philip and Queen Mary, and Queen Elizabeth: Several Books in Vellum, One called The Black Book, de Necessariis Scaccarii Observantiis, writ by Gervasius Tilburiensis in the Time of K. Henry IId, in which are the Oaths and Admittances of the Officers of the Lower Exchequer, &c.; Two others, concerning the Dutchy of Cornwall; others of Enrolments of Popes Bulls; of Deeds of Lands; some Statutes, as those of Winton and Glouc.; of some Leagues with Princes, and with the Welsh; of Deliverances of Records and Jewels, &c.; of Calendars or Catalogues of Leagues betwixt Prince and Prince, &c, from Edward IIId's Time to K. Hen. VIIIth's Time: Two Books, One of the old Statutes of the Order of the Garter, another of the Order of St. Michael, sent to King Henry (fn. 3) VIth by the French King Francis the First, and some few other Things relating to those Two Orders: Three Patent Rolls, One of Edward IId's Time, from the First to the Fourteenth Year of his Reign; One of King John, from the First Year of His Reign to the Ninth; another of King Henry VIth's Time; One Pipe Roll, of the Third Year of King John, Termino Paschæ: Many Inquisitions, in a Bag called (fn. 4) Rayman, in divers Shires, touching Liberties withholden from the King in Edward 1st Time; and of Tenures in another Bag, with many of the like Sort put into Bags in their proper Shires: The Seal of the Court of the Receipt of the Exchequer, wherewith are sealed Indentures for Standard Weights and Measures, when delivered; several Indentures of the Receipt, and Delivery of Records, Jewels, Weights, and Measures, &c. between the Judges and others of the one Part, and the Officers of the Tally Court, scilicet, the Chamberlain's Deputies, of the other; many Indentures concerning the Mint, between the respective Kings of this Realm and the Masters and Workers of the Mint, about the advancing or abating of Coins; together with several old Rolls about the same, and Establishments of the Mint; with several old Stamps of Coins; scilicct, the Rose Noble and Spur Royal, &c. the Standards of Weights Avoirdupois and Troy, with those of Measures; sundry Books and Rolls of Musters of Men at Arms, Hobilers, Buttmen, &c. in divers Shires, made in the Time of King Henry VIIIth; vast Quantities of Common Writs, from King Edward 1st or IId's Time to the Year One Thousand Six Hundred and Sixty, sent at several Times from the Custos Brevium Office; which are most of them put under the Chests in One of the Treasuries, as being of no Value: The Indenture of Annexation of Jewels to the Crown, under the Great Seal and Sign Manual of King James 1st, with Two Schedules annext; and a Paper Book, containing the Remain of all such Jewels, &c. remaining in The Tower of London, signed by the said King: Item, The Bills, Answers, Depositions, and Commissions, relating to the late dissolved Court of Star Chamber, and of Survey, till the Dissolutions thereof: Item, The Writs of Entry in le Post, and Seisin on Common Recoveries; the Writs of Covenant, Concords of Fines, Posteas, Venires, and Juratas, in Common Actions, to the Year 1660, from H. VIIIth's Time: Item, A great Parcel of Fragments of Records of divers Natures, lately brought to the Treasury, of which the Contents are not known.
"In The Chapter-house belonging to Westminster Abbey, in The Cloyster, there are contained vast Quantities of Common Writs of many Reigns, confusedly heaped together; a like Quantity of the Bills, Answers, Replications, &c. of the dissolved Court of Star Chamber, which was formerly kept by the Usher of the Exchequer; and, on the making of The Annuity-offices in the late Reign, were ordered to be put into this Treasury, but have not been digested since. Md. None of the Decrees of the said Court are to be found; the last Notice of them that could be got was, that they were in a House in St. Bartholomew's Close, London. Rolls of Assizes in divers Counties of many Reigns, several whereof have been formerly abbreviated by our Predecessors, in Books; some of which Books still remain in the Office, but more have been lost; with many Books of Abbreviations of many other Records, and dispersed into private Hands (One sold to the Right Honourable Henry Earl of Clarendon); others said to be in the Hands of the late Master of The Rolls.
"In the Treasury, or Repository, by the Side of the Tally Court in the Exchequer, lie the Books of Doomsday, the Black Book, the Book of Memorandums, and Entry of Leagues, Treaties, Deliverances of Records, Jewels, &c. of Abbreviations of Records, the Assize Rolls, those of the Pleas of the Crown, the Quo Warranto Rolls, Fines levied of Lands, Accompts, Surveys, Court Rolls, old Deeds, and Evidences of Lands.
"In the Treasury situate over the Gateway going out of The New Palace Yard into St. Margaret's Lane, are Records of divers Natures: First, several Cart Loads of Common Writs: 2dly, Posteas, Concords, Juratas, Venires, &c. 3dly, The Fines of Lands in the several Counties of England, from K. Henry VIIIth's Time to King James the Ist inclusive. 4thly, The Bills and Answers of the Court of Survey, in the Time of King Henry VIIIth. The Papers, Deeds, and Evidences, relating to the Dissolution of the Monasteries, and to Cardinal Woolsey; Accounts of Calais; of the Butlerage; Accounts of many Men's Lands, old Deeds, Indentures, and many other Things of divers Natures; the Writs of Entry in le Post, and Writs of Seisin (fn. 5) on Common Recoveries, during the Reign of King Hen. VIIIth, E. VIth, King Philip and Queen Mary, Queen Elizabeth, K. James Ist: Lastly, A Press of Letters and Cyphers of Ambassadors, in the Time of King Henry VIIIth, &c.
"This Treasury wanting Reparation and sitting up, the Care thereof is humbly submitted to your Lordships. Besides, One of the Tenants adjoining hath broke a Door into the Leads over the said Treasury; and Part of the Building underneath, and on one Side, is lately encroached upon and annoyed, by keeping of an Ale-house, and building of Leads even with the Windows.
"The Committee having been informed, That Mr. Madox was a proper Person to give an Account, in relation to the Subject of their Lordships Inquiry; they sent for and examined him, as to his Knowledge of any Records in Disorder, or liable to receive Damage; and likewise as to the Condition of the Records in the Exchequer in general. And having heard the Account he gave, their Lordships thought proper to give Direction, that Mr. Neale Deputy in the Pipeoffice, Mr. Harding Deputy in the Office of the King's Remembrancer, Mr. Plaxton Deputy in the Office of the Treasurer's Remembrancer, and Mr. Jett One of the Auditors of the Revenue, should inspect the Records in their respective Offices; and give an Account, in Writing, of the Nature of the said Records, in what State they were in, and whether any Thing, and what, was necessary to be done, to put the same into a more proper Condition; and directed the said Mr. Madox to assist in such Inspection, and preparing such Accounts; and likewise gave Direction to the Deputy Chamberlains, for them to prepare the like Account in relation to The Chapter House at Westminster; and also ordered, that Mr. Topham, Keeper of the Records in The Tower, should lay before the Committee an Account of the Nature of the Records there. And Reports, or Accounts, having been accordingly, by Mr. Madox and the said Officers, severally laid before their Lordships; the same are as follow:
To the Right Honourable the Lords Committees for inspecting of Records.
"The humble Report of Thomas Madox.
"May it please your Lordships,
"In Obedience to your Lordships Commands, signified to me in your most Honourable Committee the 7th Day of February Instant, I have Personally viewed the several Treasuries of Records belonging to the Upper Exchequer at Westminster; to wit, the several Offices of the Pipe, the King's Remembrancer, the Treasurer's Remembrancer, and the Augmentations; being accompanied in the said View by the several Deputies of the respective Offices; and do most humbly certify asfolloweth:
"The Pipe-office.
"In the Treasury of this Office are kept the Great Rolls of the Exchequer, which are Records of great Dignity and Value. They are well kept, and lie in Order in Presses, partly Wainscot and partly Deal: The Outsides of many of the Great Rolls are decayed by Time, and want new Vellum or Parchment Covers; which Covers, when put on, must be marked on the Outside, in large durable Writing, to shew the King's Reign and Year.
"Besides the said Great Rolls, there are in this Office many other valuable Records, which deserve to be put into better Order.
"Most of the Presses want to be repaired, and new lined throughout.
"Tables, Desks, and Stools, would be useful, as well to the Clerks of the Office, as likewise to Persons resorting thither upon Business.
"The King's Remembrancer's Office.
"The principal Records of this Office are the Memoranda, containing the Enrolments of all the Business of Weight that is done in this Office: These Memoranda lie in substantial Wainscot Presses, in the best Record Room belonging to this Office; which Presses may be repaired with little Charge.
"This Treasury is much overstocked with Files of Bills, Answers, and Proceedings, on the Equity Side of the Exchequer: Those Files have lain in Disorder for many Years before the Time of the present Deputy; but, if these numerous Files be removed into one or other of the Rooms of which Mention is made hereunder in this Report, a great deal of Room will be gained in the principal Record Room.
"Here are also many other Records, that have lain indigested for many Years.
"Many Bundles of the said Memoranda do want Covers and Bands; and many Files of the said Equity Proceedings want new Wrappers and Strings, &c.
"Some new Presses are wanted in the chief Record Room; and some old Presses there, which join to the Brick Wall, require to be well lined at the Back.
"Desks, Stools, &c. would be useful.
"The Treasurer's Remembrancer's Office.
"The principal Records of this Office are the Memoranda, which contain Enrolments of all the Business of Weight that is done in this Office. In this Treasury are also kept the Originalia, or Originals of the Chancery, which are Estreats of the Fine Rolls, Patent Rolls, &c. transmitted hither from the Court of Chancery.
"These Records lie in tolerable Order, in Wainscot Presses. Many of the Bundles, being impaired by Time, do want new Parchment Covers, and new Banding; and many of the modern Originals want the like Covers and Banding.
"All the said Records, when new covered, must be endorsed on the Covers in a proper Manner, to shew the King's Reign, the Year, or the Term, contained therein, respectively.
"There are also in this Office many Records, that have lain undigested, in great Chests and otherwise, for many Years before the Time of the present Officer.
"The Augmentation Office.
"The most useful Records of this Office are in tolerable Order; but there are many others, which were never yet digested and methodized.
"Several small Necessaries are wanting; to wit, Parchment Covers for many of the Records; Canvas to make new Bags instead of the old ones, most of which are rotted; new binding of several Parchment Books of Enrolments; Wooden Boxes; and other small Things.
"General Memorandums.
"The Roof and Gutters of the House, where the Records lie, are with great Difficulty kept desensible against Weather.
"In the Offices of the Pipe and the Two Remembrancers, new Records are to be made up for every Year successively, which makes it necessary to reserve Room in those Treasuries for future Records. At present there seems to be no spare Room in the said Treasuries.
"In some of the said Offices there are important valuable Records, that lie in a Sort buried; and in all of them there are many Records that remain in Confusion, for Want of Means to defray the Charges of digesting them.
"The digesting and methodizing of many Records that are in Disorder, in the several Treasuries abovementioned, and the new covering and endorsing the Years, &c. will be a Work of Time and of many Men's Hands; and may deserve to be done under the Care and Supervisal of some fit Person or Persons.
"In the Brick Tower there are Two Rooms or Garrets; one, a large Room, the Floor of it covered with Books and loose Parchments, many of which do relate to the Revenue of the Customs; the other, a smaller Room with Presses in it, which Presses are filled with Port Books relating also to the Customs, and the rest of the Room with Bags of Duplicates of Taxes. The King's Remembrancer claims these Two Rooms.
"Near Hell Yard, there are Two Ground Rooms; the one is a large square Room, having many Parchments and Books lying in Dust on the Floor and otherwise; the other is a much smaller Room, wherein Parchments and Tallies have lain in Disorder for many Years past: No Officer (that I can find) claims these Two Rooms, or either of them. They are seldom opened; never for the Purpose of searching.
"May it please your Lordships,
"All Things contained in this most dutiful Report are humbly submitted to your Lordships great Wisdoms.
The 14th Day of February, 1718.
"Tho. Madox."
"To the Right Honourable the Lords Committees for inspecting Records.
"In Obedience to your Lordships Order of the 7th of this Instant February, I humbly crave Leave to represent to your Lordships, that the Records in The Pipe-office are of Two Sorts; the Great Roll of the Exchequer, and the Foreign Accompts: The former contains an Accompt of the ancient Revenue of the Crown, writ out in Process every Year to the several Sheriffs of England, who were the General Receivers and Collectors thereof, and by them levied, and answered to the Crown upon their Annual Accompts before the Clerk of the Pipe; which Method is still preserved and continued to this Day, for so much of the said Revenue as yet remains, and hath not been alienated from the Crown; for all which, the respective Sheriffs do now accompt, and take their Quietus out of this Office every Year.
"The Foreign Accompts are that Part of the Revenue which is granted by Act of Parliament, for Aids, Subsidies, Polls, &c. and of late Years upon Window Lights; as also for Customs, Excise, Salt, and all other Parliamentary Impositions and Taxes whatsoever; the Accompts for the Land Tax and Window Lights (commonly called the Tax upon Houses) are made up by the Auditors of the Revenue, and all the rest by the Auditors of the Imprest. The former Accompts are declared before One of the Barons of the Court of Exchequer, and the latter by the Treasury: And all these Accomptants do likewise Annually receive their Quietus out of the Pipe: So that, the whole Revenue of the Crown (except the Land Revenue) passing through this Office; and the Records thereof being as valuable as they are numerous;
"It is humbly hoped, your Lordships will think them worthy of your Care and Consideration.
"And I also beg Leave humbly to represent to your Lordships, that the State and Condition of The Pipeoffice, in His Majesty's Court of Exchequer at Westminster, having, upon several Occasions, been of late viewed and examined, and more particularly at this Time, by virtue of your Lordships Order; it appears, that the Rain has sunk through the Tiling and Cieling thereof, and damaged several of the Records: So that it is humbly hoped that Care may be taken,
"1. In the First Place, to secure the Covering, Roof, and Cieling of the House, from the Injury of Rain and Weather; without which the Reparations that are necessary for the better keeping and preserving the Records will be rendered in great Measure ineffectual. The Office to be plaistered and white-washed.
"2. All the Presses, which contain the Great Rolls made up from the Time of King Stephen to the Reign of King James the Second, being very old and taking in Dust continually, by reason of the Decay of the Materials and Shelves; those Records are very much injured, many of their Covers or Outsides being worn out, and the marking or texting thereof not to be read.
"For these Reasons, it is humbly proposed, That all the Presses for the Great Rolls be made new, of hard and seasoned Wainscot, close and firm, with good Locks, Rings, and Hinges; all the Shelves whereof to be strong and broad, and sufficiently supported, and able to bear the great Weight that must be laid upon them; and the Rolls (which want it) to be new covered, marked, and texted; by which Means those valuable Records will not only be made more easy to be found for the Service of the Public, but the Records themselves be preserved to future Ages.
"3. And because the Rolls and Records of this Office must necessarily increase every Year; it will likewise be necessary that more new Presses be made, not only for the Great Rolls, but also for the vast Number of Accompts which now are, and for the future must be, reposited there, which at present are laid up in great Chests and Trunks. These new Presses, designed chiefly for Accompts of several Natures, may be built under the Windows of both Rooms, and made of the Stuff of the old Presses.
"4. Strong Steps, or Ladders, to take down and put up the Records, with Two or Three Joint Stools.
"5. A convenient covered Table in each Room, with a Desk and Seat at each End of the Tables.
"All which is humbly submitted to your Lordships.
Pipe-office, February 11th, 1718.
"Fra. Neale,
Dep. Cl'ic Pip."
"To the Right Honourable the Lords Committees to whom it was referred to review the Records of the Court of Chancery, &c.
"In Obedience to your Lordships Order, I do humbly certify, that the Records in the Office of the King's Remembrancer, in the Exchequer, consist of,
"Bills, Answers, and Proceedings thereon, in Causes in Equity.
"Writs of Scire facias, and Proceedings thereupon, for Recovery of the Debts of the Crown.
"Extents, and Inquisitions thereupon; and Commissions of Inquiry, and Inquisitions thereupon; whereby the Estates of Debtors and Accomptants to the Crown, and Estates forfeited to or belonging to the Crown, are seized into the King's Hands.
"Informations upon Seizures made in the several Ports of England, of Goods forfeited, for Non-payment of Custom, or unlawful Importation.
"Informations Personal, for Forfeitures arising to the Crown by Offences committed against Penal Laws.
"Records of Outlawries certified into the Exchequer, whereby Seizures are made of Lands and Goods into the King's Hands; and the Proceedings depending thereupon.
"Commissions and Inquisitions, returnable in or certified into the Exchequer, upon Attainders and Forfeitures for Treasons or Felonies.
"Process against Receivers and Collectors of Assessments and Taxes granted to the Crown, to bring them in to pass their Accompts, and to pay the Monies by them received; to seize the Lands and Goods of them that refuse or neglect so to do.
"Port Books Yearly sent to the Customers and Patent Officers of the several Ports of England and Wales, for the Entry of all Goods and Merchandizes imported and exported.
"There are Memoranda, which consist of all Matters enrolled in the said Office.
"And, in further Obedience to your Lordships Order, I have inspected the Records in the Office aforesaid; and do find some of the Memoranda want Covers and Whipcords, to tye them close, to preserve them from Dust.
"And I do find that some Records, relating to Equity Proceedings, videlicet, Bills, Answers, and Depositions, are much out of Order, by the Decay of the Wrappers that cover the same; and were so long before I came into the Office; and, by what I can learn, have been so for a great many Years: And it will require a great many Vellum Skins and Cords, to new cover and better preserve the same. And likewise several Books of Orders want new Binding.
"And I do find that the Walls of some of the Record Rooms want to be lined with Boards, or that new Presses with Doors thereto should be made, the better to preserve the Records from Dampness and Dust.
"All which is humbly submitted to your Lordships great Wisdom.
February 17th, 1718.
"Jno Harding,
D. R. Regis."
"To the Right Honourable the Lords Committees for inspecting Records in the Court of Chancery, &c.
"In Obedience, to your Lordships Order of the 7th Instant, whereby I am required to lay before your Lordships an Account, in Writing, in what State the Records in this Office are, and what may be necessary to put the same into a more proper Condition;
"I do, in all humble Manner, certify your Lordships, That of the Records in this Office, those of the greatest Dignity and Concernment are the Memoranda and the Originalia.
"The Memoranda contain great Variety of Pleadings, relating to the Tenures and Estates of the Nobility and Gentry of England, with Judgements given by the Court of Exchequer thereupon.
"Pleadings and Judgements upon Claims of Franchises and Privileges, within Manors, Towns, and Liberties.
"Many Acts of the Court of Exchequer, concerning the Accompts of Sheriffs, Escheators, &c.
"Variety of Matters, concerning the Charge and Discharge of the King's Debtors and Accomptants.
"The Entries of Accompts of greater and lesser Accomptants.
"Many Acts and Orders of Court, concerning the Land Revenue and casual Revenue of the Crown, as Fee-farms, Fines, Post Fines, Issues, Amerciaments, Recognizances, &c.; of all which Memoranda, there is a Series from the Beginning of the Reign of King Henry the Third to the present Reign.
"The Originalia are the Estreats from the Chancery of all Patent Rolls and Grants from the Crown, and are transmitted into this Office, to be put in Charge, pro Commodo Regis; and commence about the Beginning of the same King's Reign, and are continued in a Series ever since.
"All which Records, and the Repertories relating thereto, do, for the most Part, lie in good Method and Order, and are kept in commodious and durable Wainscot Chests and Presses, sufficient for the due Preservation of the same. And I do not find that there is immediately wanting any Thing materially necessary to put these Records into a more proper Condition, except such a Quantity of Vellum, or strong Parchment, and Cording, as shall be sufficient for new covering and re-binding such whose Covers and Bindings are worn out or greatly decayed by Time; of which there being a considerable Number, the same will require the Assistance of a strong Hand or Two to perform that Work, and a competent Clerk to endorse the Covers in proper Manner to denote the Reigns and Years; which may probably prove a Work of some Labour and Time, and will occasion some few Tables, Desks, Stools, and other odd Things (the Expence whereof will be inconsiderable) to be provided for that and future Service.
"The Consideration of all which is humbly submitted to your Lordships great Wisdoms.
Treasurer's Remembrancer's Office, 17th February, 1718.
"W. Plaxton,
"Dep. Rem. Thes."
"To the Right Honourable the Lords Committees for inspecting Records.
"The humble Report of Thomas Jett, One of the Auditors of the Land Revenue.
"May it please your Lordships;
"In Obedience to your Lordships Commands, signified to me by Precept of the 7th Instant, I have inspected the several Records in my Office, which consist of the several Kinds following; videlicet,
"Ministers Accompts, made up in Parchment Rolls, from the Beginning of King Henry the Eighth, and continued down to the latter End of King Charles 1st; wherein are contained the Rents of the several Honours, Castles, Lordships, Manors, Lands, Tenements, and Hereditaments, which came to the Crown by Dissolution of the several Monasteries, Abbies, Priories, &c. and likewise by Attainder and other Forfeitures; as also the ancient Revenues of the Crown of England.
"Accompts of the Recelvers General; of the Rents, Issues, and Profits, arising out of the said Honours, Castles, Lordships, &c. for the same Time; likewise made up in Parchment Rolls; and endorsed on the Back, in large Characters, the respective King's Reign and Year.
"There are also several Books, beginning in the Reign of the said King Henry the VIIIth, and continued down to this Time, wherein are contained the Enrolments of the several Grants in Fee and in Tail, which have been made of the said Manors and Lands, since the Reign of the said King; as also of the several Leases.
"There are likewise some few Books of Particulars of Estates and Rents, which have from Time to Time been granted from the Crown; as also View Books of the Ministers and Receivers General Accompts, and some Extracts of Court Rolls of Manors, while they remained in the Crown.
"Some of these Records and Books are kept in Wainscot Presses, lined behind, standing in the Court of Exchequer, and in Tables in the same Court, which were originally built and fixed there for the Use of the Auditors of the Land Revenue, with Locks to the same.
"Others are kept in dry Presses well lined, and in Chests, in a large square Room over the Court of Exchequer, which leads into the Pipe-office.
"Others are kept in Two long Rooms over the Top of the Exchequer Court, fronting The Palace Yard, in dry Wainscot Presses well lined next the Walls, through which Rooms are Two Drains to carry away the Water off the Top of the Exchequer Court; but, being well leaded, the same are dry, and the Plastering and Tiling in good Condition.
"The remaining Part of the said Records and Books, from the said King Charles the First's Time, are in the Office in The New Palace Yard, in good Wainscot Presses, well lined.
"The greatest Part of the Revenue being alienated from the Crown, there is not much Resort had to these Records; but they may be readily turned to upon any Occasion.
"Time hath worn out the Endorsement of some few Parchment Rolls; as likewise the binding of several of the Books of Enrolment, and some of the Views; which may be repaired and made good at no great Expence.
"All which is most humbly submitted to your Lordships great Wisdom.
February 18th, 1718.
"Tho. Jett, Auditor."
"To the Right Honourable the Lords Committees for inspecting Records.
"In Obedience to your Lordships Order of the (fn. 6) 7th Instant, whereby we, the Deputy Chamberlains of the said Court of Receipt, are required to lay before your Lordships an Account, in Writing, of the Nature of the Records in The Chapter House at Westminster, in what State or Condition they are in, or what wanting to put the said Records into more proper Condition; and also whether any and what Room is there, for the further receiving of Records:
"We do, in the humblest Manner, certify your Lordships, that our Predecessors John Lowe and Peter Le Neve Esquires, some Years past, drew up an Account; in Writing, under their several Hands, of the Records deposited in the said Chapter House; which Account, upon our Admittances into our Offices, we found in the Treasury adjoining to the said Court of Receipt (commonly called The Tally Court). And we have Reason to believe, that the Records hereafter mentioned, as put down in their Writing, are still remaining there; we having been obliged, upon several Searches for the Use of the Public, to examine many Records there deposited; which we have found, by the Directions of the said Writing, after long Searching.
"The Records in The Chapter House are as follow; (videlicet,)
"Foreign Leagues and Treaties, with many Papers of Public Matters.
"There are very great Quantities of Common Writs, of many Reigns, confusedly heaped up together.
"A great Quantity of the Bills, Answers, Replications, &c. of the dissolved Court of Star Chamber.
"The Rolls of the Records of Affize of K. Richard the Ist's Time, King John, and King Henry the Third, and thence down to King Henry Vth, of the King's Bench; and to King Hen. VII. of the Common Pleas; with the Rolls of Assizes in divers Counties of many Reigus.
"Several Fines of Lands, Posteas, Concords, Writs of Covenant, Juratas, &c. that have been transmitted from the Common Pleas. The Fines of each County are from the Reign of King Hen. VIII. to the Year 1660.
"That the Foreign Leagues, &c. have lain promiscuously some Years in Chests; but it would be more convenient, if they were digested, and put into Wainscot Presses.
"That, among the great Quantities of Writs, there are many Special Returns, which have been, and others may be, Proofs of Titles to Lands; and likewise prove the several Boundaries of Lands, as in Writs of Partition, Dower, &c. and, when digested, ought to be bundled up under Covers of Vellum or strong Parchment.
"As to the Bills, Answers, &c. of the Star Chamber; they have lain many Years in a very great Heap, undigested, without any Covering from Dust, or Security from Rats and Mice.
"As to the Rolls of Records of King's Bench and Common Pleas; there are very many of them have lain upon the Ground for Want of Presses to put them in, the Dampness of the Ground having been very prejudicial to them.
"The great Numbers of Fines, Posteas, Concords, Writs of Covenant, Juratas, &c. (we humbly conceive) ought to be digested under their proper Reigns and Counties, and accordingly carefully bundled up under proper Covers of Vellum or Parchment.
"From the outward Door leading to The Chapter House, and within the said Chapter House, there is a great deal of Room; and it is altogether very lightsome, to receive many more Records, as may be seen, if your Lordships please to direct a Survey to be made thereof; and also of the Repairs of the Top of the same.
"The Reason why these Records have not been abstracted and better digested, is for Want of suitable Time and due Encouragement: We beg Leave, therefore, to lay the principal Obstructions before your Lordships.
"The Deputy Chamberlains are the proper Officers for sorting and abstracting the said Records; but are so limited and straitened in Point of Time, that it is impossible at present any Progress should be made in so necessary and beneficial a Work; their Hours of Attendance in the Tally Court are from Nine in the Morning till One, most of which Time they are generally (being only Two Persons) employed in striking and examining Tallies, and at other Hours entirely debarred from doing any Thing with the Records, by a Key kept by the Auditor of the Exchequer's Clerk, who has only the same Hours of Attendance with the said Deputy Chamberlains. We therefore humbly recommend this to your Lordships Consideration, that, there being large Quantities of Records to be sorted and digested, this will be a very laborious Work, not to be carried on without an Allowance of Salaries for ourselves and proper Clerks, with free Access for us to dispatch the same.
"All which we humbly submit to your Lordships great Wisdoms; and are
Court of Receipt in the Exchequer, 20 March, 1718.
"Your Lordships
Most dutiful and
obedient Servants,
Dudley Downes.
John Lawton."
"To the Right Honourable the Lords Committees for Records.
"The humble Report of Richard Topham Esquire, Keeper of His Majesty's Records in The Tower of London.
"In Obedience to your Lordships Command, I dö certify, that in Wakesield Tower there are the Records following; (videlicet,)
"The Statute Rolls, beginning with the Statute of Gloucester, Ao 6o Edw. I. and ending with the 8th of Edw. IV.
"Parliament Rolls, beginning Ao 5o Edw. II. and ending with the Reign of Edw. IV.
"Patent Rolls, beginning Ao 3o Johannis, and ending with the Reign of Edw. IV.: In these are contained Grants of Offices, Lands, Tenements, Temporalities, &c. passing under the Great Seal.
"Charter Rolls, from the 1st of King John to the End of Edw. IVth; in which are Enrolments of Grants, and Confirmations of Liberties and Privileges to Cities and Towns Corporate, and to private Persons, as Markets, Fairs, Free Warren, Common of Pasture, Waifs, Strays, Felons Goods, &c.
"The Foundations of Abbies and Priories, of Colleges and Schools, together with Lands and Privileges granted to them.
"The Patents of Creation of Noblemen.
"Close Rolls, from the 6th of King John to the End of Edw. IV. in which are Writs of various Kinds; but more especially on the Back of the Roll are entered the Writs of Summons to Parliament, both to the Lords and Commons, and of the Bishops and Inferior Clergy to Convocations. There are also Proclamations and Enrolment of Deeds betwen Party and Party.
"French Rolls, beginning Ao 1o Edw. IIdi, and ending with Edw. IV. in which are Leagues and Treaties with the Kings of France, and other Matters relating to that Kingdom.
"Scotch Rolls, Transactions with that Kingdom.
"Rome, touching the Affairs of that See.
"Vascon Rolls, relating to Gascoign.
"There are also other Rolls and Records of different Natures.
"In this Tower are also kept the Inquisitions post Mortem, from the First Year of King Henry the IIId, to the Third Year of Richard the IIId.
"The Inquisitions ad quod Damnum, from the 1st. of Edw. IId to the End of Henry the Vth.
"Writs of Summons and Returns to Parliament, from the Reign of Edw. 1st. to the 17 Edw. IVth.
"Popes Bulls, and Original Letters from Foreign Princes.
"In Cæsar's Chapel, in The White Tower, are these Records; (videlicet,)
"Privy Seals of the Reigns of several Kings.
"Bills, Answers, and Depositions in Chancery, in the Reigns of Queen Elizabeth, King James the 1st, and King Charles the 1st.
"Writs of Distringas and Supersedeas.
"De Excommunicato capiendo.
"Statutes Merchant and Staple.
"And other Writs of divers Natures, relating to Proceedings of the King's Courts of Law.
March the 3d, 1718–19.
"Rich. Topham."
"The Committee having received Information, "That several Transcripts of Records, left by the late Mr. Rymer and not printed, were now in the Hands of Mr. Awnsham Churchill a Bookseller;" their Lordships thereupon sent for and examined the said Mr. Churchill; who acknowledged, "the said Transcripts were in his Custody; but he looked upon them to be only Papers which the said Mr. Rymer threw by as not sit to print; and that his Executors had procured them to be bound; and they were paid for by the Treasury, and were to be applied for the public Inspection." And he further informed the Committee, "That the said Transcripts are ready to be delivered, as Direction shall be given." And their Lordships have since given Direction that the same be, for the present, put into the Custody of the said Mr. Incledon, your Lordships House-keeper.
"The Committee having made Inquiry touching any empry Rooms, which might be proper for the Reception of the Records, now lying in Confusion and in Danger of Ruin, in the Room aforementioned over the Gateway; were informed, "There were Two Rooms near the Exchequer, which would contain a great many Records; and little at present therein, excepting a few old Port Books and useless Papers, and old canceled Tallies: But at the same Time were acquainted, That the said Rooms were claimed by the King's Remembrancer." Whereupon their Lordships examined concerning it, and were informed, "That the said Rooms were under the Care of the Lord Treasurer for the Time being; who, at first coming into his Office, constantly, in Person, visits the same, by Way of taking Possession." Their Lordships then repaired thither, and viewed the same; and having directed an Estimate to be prepared of the Charge of sitting up the said Rooms, and the same having been made accordingly, amounts to about Eighty Pounds.
"The Committee have also viewed The Chapter House aforementioned; and having directed the like Estimate to be made of the Charge which fitting up thereof will occasion, the same amounts to about Two Hundred and Ninety Pounds.
"And, upon this Occasion, their Lordships observing, that the Custody of the said House is in the Two Deputy Chamberlains and the Auditor of the Exchequer's Clerk; and that Three Keys belong thereunto, without which Recourse can be at no Time had to the Records there; the Inconveniency whereof being so very obvious, the Committee only mention it for your Lordships Consideration, that, if you shall please to give Directions, in relation to that Place, and the Records therein, that the said Inconveniency may be for the future prevented.
"The Committee, as they proceeded, made Inquiry, whether any Manuscripts, Books, Calendars, or Indexes, belonging to any of the Records of the Exchequer, had been lost or embezzled? And were thereupon informed, "That several Manuscripts, being chiesty Abstracts or Calendars, had been prepared by Mr. Le Neve and the late Mr. Lowe, whilst they were Deputy Chamberlains." Which their Lordships, upon a careful Examination, conceiving to have been compiled at the Expence and Labour of those Gentlemen respectively; and Mr. Le Neve and the Executor of Mr. Lowe being willing to part with the said Manuscripts, provided they might have a reasonable Gratuity for their Labour in compiling the same, being of great Use for the more easy finding and understanding the Records to which they relate; the Committee conceive it would be a Public Service, that a reasonable Reward may be given for the said Manuscripts; to the End they may be placed and remain in the respective Offices to which they belong, for the Use above mentioned."
Address to law the Report before His Majesty.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, laying before His Majesty the said Report; and humbly desiring His Majesty, "That He will be graciously pleased to give such Directions, upon the several Matters therein contained, as His Majesty, in His great Wisdom, shall think proper."
Ordered, That the said Address be presented to His Majesty, by the Lord Chancellor.
Equivalent Scotland, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee of the whole House had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
King's Answer to Resolution concerning Mr. Benson:
The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had laid before His Majesty the Resolution of this House relating to William Benson Esquire and other Officers of the Works; and that His Majesty had been pleased to give this Gracious Answer; (videlicet,)
"That He had given Order for suspending the said William Benson from the Execution of His Office; and would give further Order for his effectual Prosecution."
Address of Thanks for His Majesty's Answer:
Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House to His Majesty, for His said Gracious Answer;" and that the same be presented by the Lords with White Staves.
Resolution, King's Answer, and Address, to be printed.
Ordered, That the Report containing the said Resolution, with His Majesty's most Gracious Answer thereunto, together with the said Address, returning His Majesty the Thanks of this House for the same, be forthwith printed and published.
Cleat's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Edward Clent Esquire, Executor of Lieutenant Colonel Thomas Clent, for an Army Debenture lost in The Pay-office."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported, "That the Committee of the whole House had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Proprietors of Navy Bills, &c. Relies, Bill.
The House (according to Order) was also adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Relief of the Proprietors of several Navy, Victualing, and Transport Bills, and Army Debentures."
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 said Bill; and directed him to move, that they may have Leave to sit again."
Ordered, That the House be, on Tuesday next, put into a Committee again, to consider further of the said Bill.
Parker's Bill:
The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Robert Packer Esquire and Mary his Wife, Winchcombe Howard Packer (their Son a Minor), Henrietta Winchcombe, and Thomas Skerrett Esquire and Dame Elizabeth Winchcombe his Wife, to enter their respective Claims before the Commissioners and Trustees for determining Claims upon the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the said Claims," was committed: "That the Committee had gone through the said Bill; and directed him to report the same to the House, without any Amendment."
Then the said Bill was read the Third Time.
The Question was put, "Whether the said Bill shall pass?"
It was Resolved in the Assirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Lovibond and Mr. Orlebar:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Monies issued out of Chamber of London, for prosecuting Causes relating to Common Councilmen, Report.
The House being informed, "That the Committee, to whom it was reserred to examine, and report to the House, what Sums of Money have been issued, or ordered to be issued, out of the Chamber of London, for the prosecuting, defending, or maintaining, certain Causes on Writs of Error lately depending in this House, wherein Bolton and Bridgen were Plaintiffs, and Jeffs Defendants; and the same Parties Plaintiffs, and King Defendant; or any other Causes of the like Nature, for such Time past as the Committee shall think proper, and by what Warrant or Authority, and on whose Application; were ready to make their Report:"
It is Ordered, That the same be received To-morrow.
De Hame's Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to naturalize Peter Lamy de Hame."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Orlebar and Mr. Lovibond:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments; to which they desire their Concurrence.
Highways in Scotland, repairing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland."
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. Orlebar and Mr. Lovibond:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
Die Lunæ, 6o Junii, 1720,
hitherto examined by us,
Clarendon.
Coningesby.
Say & Seale.
Hu. Bristol.
A. Menev.
Joh. Peterbor.
De Lawarr.
Hunsdon.
DIE Veneris, 17o Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Equivalent Scotland, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Clent's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Edward Clent Esquire, Executor of Lieutenant Colonel Thomas Clent, for an Army Debenture lost in the Pay-office."
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 Two preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Browning and Mr. Dormer:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Messages from thence, to return the Bill for preventing seducing of Artificers; and De Hame's Nat. Bill.
A Message from the House of Commons, by Mr. Jessop and others:
To return the Bill, intituled, "An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts, and to prevent Foreigners being instructed in the said Manufactures;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
A Message from the House of Commons, by Mr. London and others:
To return the Bill, intituled, "An Act to naturalize Peter Lamy de Hame;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Monles issued out of Chamber of London, for prosecuting Causes concerning the Election of Aldermen and Common Councilmen, Report of.
The Earl of Clarendon (according to Order) reported from the Lords Committees appointed to examine, and report to the House, what Sums of Money have been issued, or ordered to be issued, out of the Chamber of London, for the prosecuting, defending, or maintaining certain Causes on Writs of Error lately depending in this House, wherein Bolton and Bridgen were Plaintiffs, and Jeffs Defendant, and the same Parties Plaintiffs, and King Defendant, or any other Causes of the like Nature, for such Time past as the Committee shall think proper; and by what Warrant or Authority, and on whose Application; as follows:
"That the Committee, in order to the Examination directed, first gave Order, That the Town-clerk and Chamberlain of the City of London should attend their Lordships, and bring with them all Petitions, Orders, and Acts of Common Council, relating to the Choice of Aldermen and Common Council-men for the said City; together with the Warrants for issuing Money out of the Chamber of London. And the said Town-clerk and Chamberlain attending accordingly with the said Warrants and Proceedings, they delivered the same to the Committee; whereby it appears, that the Sum of Two Thousand Eight Hundred and Twenty-seven Pounds, and Ten Shillings, issued out of the City Cash, for carrying on Causes and Suits at Law relating to the Elections of Aldermen and Common Council-men, since the 8th Day of November 1711: A particular Accompt whereof, as delivered by the Chamberlain with the said Warrants, is as followeth:
"An Accompt of what Sums of Money have been paid by the Chamberlain of London, concerning any Causes or Suits at Law, relating to the Elections of Aldermen or Common Council-men, since the Eighth Day of November One Thousand Seven Hundred and Eleven, and by what Warrant.
"Broad-street and Langborn Wards.
"February 20th, 1718.
George Ludlam, Chamberlain."
"The Committee, after perusing the said Accompt, and several of the original Warrants, sent for and examined the several Persons whose Names their Lordships observed were most frequently subscribed thereto, whether they signed the same; and if they did, what induced them so to do? Who thereupon severally referred themselves to the Town-clerk's Minutes; and acquainted the Committee, "That if they did sign such Warrants, the same was in Pursuance of the Order of the Lord Mayor, Aldermen, and Common Council."
"The Committee then proceeded to inquire, on whose Application the said Sums of Money were issued, or ordered to be issued? And, on inspecting the Papers laid before their Lordships, find, That on the 8th Day of November 1711, a Petition of several Inhabitants of the Ward of Broad-street was presented to the Common Council, in relation to the Election of an Alderman for that Ward; and the same Day an Order was made, that Money should be issued out of the Chamber of London, for trying the Right of that Election; and a Committee was appointed, to carry on the Prosecution, and to advise with Counsel, and to commence such Proceedings, and to order and regulate the Expences thereof, as they should think fit; and the Chamberlain was ordered to issue out and pay all such Sums of Money as the said Committee should direct.
"We further find, that another Petition was presented to the Common Council, by several of the Inhabitants of the Ward of Langborn; complaining of the Election of an Alderman for that Ward: Which being taken into Consideration on the 12th of November 1712, which was the next Common Council after presenting this Petition, a Debate arose thereupon: And the Question being put, "Whether the Court should assist and support the Petitioners, according to the Prayer of the Petition?" It was carried in the Affirmative. And a Committee was appointed for that Purpose; who were to carry on the Suit begun, and to commence such other Proceedings at Law, and to order and regulate the Expence as they should think fit; and the City Officers were directed to assist the said Committee; and the Chamberlain to issue out and pay all such Sums of Money as the said Committee should direct, for defraying the Charges of the Suit, and Proceedings already commenced, or to be commenced. After which, in the Years 1714 and 1715, the Common Council took into their Consideration the Elections of Common Council-men in the Wards of Tower and Cheap, and directed the issuing the City Cash, for maintaining and carrying on of Prosecutions at Law relating thereto.
"We likewise find, that, on the 6th of February 1717, a Petition was exhibited to the Common Council, by Edward Bridgen and Peter Bolton and others; complaining that Robert Jeffs and Stephen King were declared duly elected Common Council-men for Tower Ward, in Prejudice of the Petitioners Bridgen and Bolton's Right: Which Petition was received by the Common Council; who the same Day appointed a Committee, to examine the Allegations thereof, and to issue such Money as they should appoint, for Advice, or other necessary Expences in that Matter. And their Lordships were informed, "That this Practice of the Common Council, of issuing the City Cash, in taking Part with Citizen against Citizen, and in assuming to themselves a Right of judging contested Elections of the City Officers, grew so heavy, that it became necessary to apply for Remedy to the Court of King's Bench, to put a Stop to so growing an Evil; and for this Reason the said Mr. Jeffs and Mr. King moved the said Court; and thereupon obtained a Prohibition, to restrain the Common Council from intermeddling with the Examination of that Election; with Directions, however, to declare in such Manner as to bring the Point to be tried, whether the Common Council had, or had not, a Right of examining such contested Elections: And accordingly a Declaration was delivered; and therein, and in the Proceedings thereon, the Point was tendered to be put in Issue for Trial; but, to avoid such Trial, the Defendants demurred; which coming to be argued, Judgement was given for the said Mr. Jeffs and Mr. King, and then Writs of Error were brought, returnable in Parliament: And (after a considerable Delay, on account of a pretended Loss of the Rolls or Records) the general Errors being assigned by the Plaintiffs in Error came to be argued; and no Counsel appearing for them, the Judgement of the Court of King's Bench was affirmed, with Costs."
"The Committee think proper further to acquaint your Lordships, That they having caused a Copy of the Oath taken by the Common Council to be laid before them; and finding, by Part thereof, "That, for the Favour of any Man, they shall maintain no singular Profit, against the common Profit of the City;" their Lordships cannot but observe, that the Committees appointed by the Common Council have chiefly consisted of Commoners.
"The Committee, having inquired touching the Claim of the Common Council of the City of London, of a Jurisdiction, in hearing, examining, and determining, concerning the Election of Common Council-men for the said City, were informed, "That the Claim of such Jurisdiction sprung in the Year 1641, which was disclaimed by Act of Common Council in the Year 1683." Whereupon their Lordships caused not only a Copy of the said Act, but also several Orders of Council therein declared to be repealed and made null and void, to be laid before them: And upon this Occasion think proper further to acquaint your Lordships, That One of the said Orders of Common Council, declared by the said Act to be repealed, was made the Ninth of January 1641, whereby a Committee of Common Council was appointed, to hear all Parties grieved, touching the Election of divers Common Council-men in several Wards in the City of London; and to consider of the Manner and Legality of their Election: And afterwards a Report was made from that Committee, and confirmed.
"And their Lordships, finding that the said Orders, and other Proceedings of the like Nature, in the same and some few Years after, having been, by the said Act of Common Council in the Year 1683, so solemnly repealed, their Lordships sent for and examined Colonel Samuel Westall and Mr. Deputy Cokc, as to their Knowledge of the Common Council reviving their Claim of Jurisdiction. Who informed the Committee, "That they never knew or heard of any Motion or Petition for an Order of Common Council for the issuing Money, on account of Prosecutions in relation to the Election of City Officers, before the Petition abovementioned, presented to the Common Council the said Eighth of November 1711:" And they further informed their Lordships, "That, since that Time, a Motion was made in the Common Council, That those only who were in the Right might be allowed their Charges; but the same was over-ruled." And Colonel Wesiall at the same Time acquainted the Committee, "That it was no less than Thirty Years since he was first a Common Councilman."
"And the Committee further think proper to acquaint your Lordships, That they have not observed, that any of the Suits so ordered to be carried on by the Common Council, for which so great a Sum has been expended, were ever determined in Favour of the Prosecutors."
Which Report being read by the Clerk, and Consideration had thereof:
Resolution, that the Common Council have abused their Trust, and been guilty of Partiality, &c.:
It was proposed, "To resolve, That it is the Opinion of this House, That the Common Councils of London, having issued great Sums of Money out of the Chamber of London, in maintaining several Suits at Law between Citizen and Citizen, relating to controverted Elections, have abused their Trust, and been guilty of great Partiality, and of a gross Mismanagement of the City Treasure, and a Violation of the Freedom of Elections in the City."
And a Question being stated thereupon:
After Debate;
The previous Question was put, "Whether the said Question shall be now put?"
It was Resolved in the Affirmative.
Then the main Question was put, "That it is the Opinion of this House, That the Common Councils of London, having issued great Sums of Money out of the Chamber of London, in maintaining several Suits at Law between Citizen and Citizen, relating to controverted Elections, have abused their Trust, and been guilty of great Partiality, and of a gross Mismanagement of the City Treasure, and a Violation of the Freedom of Elections in the City?"
It was Resolved in the Affirmative.
Protest against it.
"Dissentient.
"Ist. Because no Proof upon Oath was made before the Committee of any One of the Facts mentioned in the Report: And we conceive, that, without a due Proof upon Oath being first made, so heavy a Censure ought not to be passed on any Person whatsoever, much less on so considerable a Body as the Common Council of the City of London, who have been on many pressing Occasions eminently serviceable to the Public.
"2. Because the Common Council of the City of London have never been heard to the several Matters of which they stand condemned by this Resolution; nor have they been any Way made acquainted, as far as appears to us, that they stood accused before this House of any Misbehaviour whatsoever.
"3. Because the several Matters or Offences specified in this Resolution are properly cognizable in Courts of Law or Equity: And this Resolution may, we fear, be construed as a Determination of such Matters, as may possibly hereafter be brought again before this House Judicially, by Writ of Error or Appeal.
"4. Because the several Sums of Money, mentioned in the Report to have been issued by the Common Council out of the Chamber of the City of London, in relation to controverted Elections, might possibly, had the Common Council been heard, have appeared to have been so issued by them in Defence of their ancient Rights and Privileges, and in order to prevent any Encroachment thereupon.
"Buckingham.
Northampton.
Harcourt.
Compton.
Gower.
Bruce.
Bathurst.
Weston.
Carleton.
Montjoy.
Mansel.
Foley.
Trevor.
Strafford.
Oxford.
Bingley."
Ordered, That the before-mentioned Report and Resolution be forthwith printed and published.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum octavum diem instantis Aprilis, hora undecima Aurora, Dominis sic decernentibus.
DIE Sabbati, 18o Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
His Majesty's Answer to Address, &c. relating to Records.
The Lord Chancellor acquainted the House, "That he had (according to Order) presented to His Majesty the Address of this House, laying before His Majesty the Report from the Committee in relation to the Repairs of The Parliament Office, and for the Inspection of Public Records; and that His Majesty had been pleased to give a most Gracious Answer thereunto, to this Effect; (videlicet,)
"That He would take the Report into Consideration, and give proper Directions thereupon."
Ordered, That so much of the said Report as relates to Records, with the Address of this House to His Majesty thereupon, and His Majesty's most Gracious Answer to the said Address, be forthwith printed, in an Octavo Volume.
The House was adjourned during Pleasure.
The House was resumed.
King present:
His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State (the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand, the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in the House of Peers."
Who being come; their Speaker made the Speech following:
Speaker of H. C. Speech.
"May it please Your Majesty,
"Your Commons have, in this Session, granted to Your Majesty such Supplies, as will not only sufficiently provide for the current Service, and effectually discharge the Debt that remained by the Deficiency of the Grants in former Years; but have likewise applied themselves, with the utmost Diligence, to reduce and lessen the National Debt: And this great and necessary Work, so often recommended to Your Commons by Your Majesty from the Throne, has been so far advanced during this Session, that there is no Reason to doubt but, by the Assistance of the same Divine Providence which has hitherto so visibly prospered Your Majesty's Undertakings, and so signally disappointed the Designs of Your Enemies, and by Your Commons continuing to proceed with the same Steadiness and Resolution, the Nation may, in due Time, be extricated out of its present Difficulties, and Your People eased of the heavy Pressures necessarily occasioned by the Public Incumbrances; which will not only secure and increase the Prosperity of Your Majesty's Subjects, but will add new Glory and Lustre to Your Majesty's happy Reign. The Bill, which Your Commons have prepared for this Purpose, is intituled, "An Act for redeeming the Fund appropriated for Payment of the Lottery Tickets, which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money, to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds for exporting Cards and Dice."
"Your Commons have also prepared a Bill, intituled, An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland, in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents." And as this Bill will put an End to some Uneasiness and Disputes that have arisen between Your Majesty's Subjects in the different Parts of Your United Kingdom, and will prevent the like Disputes for the future; they with Confidence present this Bill likewise to Your Majesty, for Your Royal Assent."
Which being ended; the Speaker delivered the abovementioned Bills to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (videlicet,)
Bills passed.
"1. An Act for redeeming the Fund appropriated for Payment of the Lottery Tickets which were made forth for the Service of the Year One Thousand Seven Hundred and Ten, by a voluntary Subscription of the Proprietors into the Capital Stock of the South Sea Company; and for raising a Sum of Money, to pay off such Debts and Incumbrances as are therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and to limit Times for Prosecutions upon Bonds for exporting Cards and Dice."
"2. An Act for settling certain Yearly Funds, payable out of the Revenue of Scotland, to satisfy Public Debts in Scotland, and other Uses mentioned in the Treaty of Union; and to discharge the Equivalents claimed on Behalf of Scotland in the Terms of the same Treaty; and for obviating all future Disputes, Charges, and Expences, concerning those Equivalents."
To these Bills the Royal Assent was severally pronounced, in the Words following; (videlicet.)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et airsi le veult."
"3. An Act for recovering the Credit of the British Fishery in Foreign Parts; and for better securing the Duties on Salt."
"4. An Act for enlarging the Time to determine Claims on the forfeited Estates."
"5. An Act against clandestine Running of uncustomed Goods; and for the more effectual preventing of Frauds relating to the Customs."
"6. An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."
"7. An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the room of George Treby Esquire, who has desired to be discharged from the said Trusts."
"8. An Act to continue the Commissioners, appointed to examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign Princes and States, for Subsidies during the late War."
"9. An Act for preventing the Mischiefs which may happen by keeping too great Quantities of Gunpowder in or near the Cities of London and Westminster, or the Suburbs thereof."
"10. An Act for the better preventing Frauds committed by Bankrupts."
"11. An Act for the Amendment of Writs of Error, and for the further preventing the arresting or reversing of Judgements after Verdict."
"12. An Act to prevent the Inconveniencies arising from seducing Artificers in the Manufactures of Great Britain into Foreign Parts."
"13. An Act for making more effectual the several Acts passed for repairing and amending the Highways of this Kingdom."
"14. An Act for amending and making more effectual the Laws for repairing the Highways, Bridges, and Ferries, in that Part of Great Britain called Scotland."
"15. An Act for making more effectual the Laws appointing the Oaths for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting-houses in Scotland."
"16. An Act for continuing the Act made in the Eighth Year of the Reign of the late Queen Anne, to regulate the Price and Assize of Bread; and for continuing the Act made in the Twelfth Year of Her said late Majesty's Reign, for the better Encouragement of the making Sail Cloth in Great Britain."
"17. An Act for making more effectual an Act of the Third and Fourth Years of the Reign of King William and Queen Mary, intituled, An Act for the more effectual Discovery and Punishment of Deer Stealers."
"18. An Act for the further Punishment of such Persons as shall unlawfully kill or destroy Deer, in Parks, Paddocks, or other enclosed Grounds."
"19. An Act for Relief of such Sufferers of the Islands of Nevis and Saint Christopher's, as have settled in either of those Islands, and made due Proof of such Settlement, before the Twenty-fifth Day of December One Thousand Seven Hundred and Twelve."
"20. An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Inverness, and Privileges thereof, for paying the Debts of the said Town; and for building a Church, and making a Harbour there."
"21. An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Dunbar, for improving and preserving the Harbour, and repairing the Town House, and building a School, and other Public Buildings there, and for supplying the said Town with fresh Water."
"22. An Act for making the Town and Township of Sunderland a distinct Parish from the Parish of Bishop Wearmouth, in the County of Durham."
"23. An Act for enlarging the Time granted by an Act of the Ninth and Tenth Years of King William, for cleansing and making navigable the Channel from The Hythe at Colchester to Wivenhoe; and for making the said Act more effectual."
To these Bills the Royal Assent was severally pronounced, in the Words following; (videlicet,)
"Le Roy le veult."
"24. An Act for vesting the Manors of Aske Catteron, and other Lands in the County of York, and County of the City of York, Part of the Estate of Philip Duke of Wharton, in Trustees, to be sold or mortgaged, for the Purposes therein mentioned."
"25. An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Jasper Cullum, for the Debts he stands engaged for to the Crown, on Account of Richard Lee, Thomas Corbin, Heneage Robinson, and John Fox, for Duties on Tobacco."
"26. An Act to enable the Lords Commissioners of the Treasury, or Lord High Treasurer, for the Time being, to compound with Robert Weemes, for the Debt due from him to His Majesty, in relation to the Duties on Salt."
"27. An Act to enable Robert Packer Esquire and Mary his Wife, Winchcombe Howard Packer (their Son, a Minor), Henrietta Winchcombe, and Thomas Skerret Esquire and Dame Elizabeth Winchcombe his Wife, to enter their respective Claims before the Commissioners and Trustees for determining Claims upon the forfeited Estates; and to empower the said Commissioners and Trustees to hear and determine the said Claims."
"28. An Act for the Relief of Edward Clent Esquire, Executor of Lieutenant Colonel Thomas Clent, for an Army Debenture lost in The Pay-office."
"29. An Act to naturalize Peter Lamy de Hame and Charlotte Whetstone."
To these Bills the Royal Assent was severally pronounced, in these Words following; (videlicet,)
"Soit fait comme il est desiré.
Then the Lord Chancellor having received a Paper from His Majesty, and being returned to His former Place;
His Majesty spake as follows:
"My Lords, and Gentlemen,
"I have given Direction to my Lord Chancellor, to deliver to you, in My Name and Words, the Causes of My coming this Day to Parliament."
Then the Lord Chancellor said,
"My Lords, and Gentlemen,
"I have received His Majesty's Commands from the Throne, to deliver to you, in His Majesty's Name, and in His own Words, the Causes of His coming this Day to Parliament, as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"I am now come to put an End to this Session, in which you have shewn many great and seasonable Proofs of your Duty and Affection to My Person and Government, and of your Care for the Safety and Welfare of your Fellow Subjects.
"By the Blessing of God on our Endeavours, we have hitherto disappointed the ill Designs of our Enemies, who flattered themselves with Success from our unhappy Divisions.
"We perceive, by the rash and wicked Councils which have lately prevailed in the Court of Spain, that the desperate and extravagant Projects of One ambitious Man, though not capable of giving Fears to their Neighbours, may occasion to them some Expence and Trouble.
"That Court, being influenced by Counsels odious and destructive to the Spaniards, who find themselves neglected and oppressed, after having endeavoured to foment Conspiracies and Seditions both here and in France, and stooped to Practices unusual, accompanied by Manifestoes of a Stile unheard-of among great Princes, has at last proceeded to acknowledge the Pretender.
"As this News has given great Surprize to all Europe, I question not but it will be received by every good Briton with Indignation and Contempt.
"It is our Happiness at this Juncture, to find ourselves assisted by the greatest Powers of Europe against an Enemy that has no Allies, but those who would betray the Governments under which they live and are protected.
"Gentlemen of the House of Commons,
"I thank you very heartily for the Supplies you have granted Me this Year: The Manner in which you have raised them, without any new Burthen to My People, the great Addition you have made to the Fund for sinking the Debts of the Nation, the Discharge of the Exchequer Bills, and the Provision you have made to pay whatever remains justly due to Foreign States and Princes, are the strongest Proofs of your Wisdom, as well as of your Zeal for My Service, and the Good of your Country. You may observe, I have hitherto been very cautious of making Use of the Power you have given Me, to increase our Forces by Sea and Land. If our Enemies should oblige Me to a greater Expence, it shall be employed for Your Service. This is what the Trust you repose in Me requires at my Hands, and what I owe to so dutiful and affectionate a House of Commons.
"My Lords, and Gentlemen,
"There being nothing more desireable, at all Times, than a firm Union between Protestants; I reflect with Satisfaction upon the Law you have passed this Session, which will, I hope, prove effectual to that Purpose. As it is a signal Instance of Moderation and Indulgence in our Established Church; so I hope it will beget such a Return of Gratitude from all Dissenting Protestants, as will greatly tend to Her Honour and Security; both which I shall ever have near at Heart.
"I have always looked upon the Glory of a Sovereign, and the Liberty of the Subject, as inseparable; and think it is the peculiar Happiness of a British King to reign over a free People. As the Civil Rights, therefore, and Privileges of all My Subjects, and especially of My Two Houses of Parliament, do justly claim My most tender Concern; if any Provision, designed to perpetuate these Blessings to your Posterity, remains imperfect for Want of Time, during this Session, maturely to discuss and settle Matters of so great Importance, I promise Myself, you will take the First Opportunity to render My Wishes for your Happiness complete and effectual, and to strengthen the Union, which is of so much Consequence to the Welfare of this Kingdom.
"If the Circumstances of My Affairs shall allow of My going Abroad this Summer, I shall take the same Care of your Interest as if I remained here. The many Negotiations which will be on Foot to restore the Peace of the North, in which the Trade and Tranquillity of this Kingdom may be very much concerned, will make My Presence there of great Use to these My Dominions: And, as in that Case I design, by the Blessing of God, to meet you early next Winter; I will only recommend to you most earnestly, that, laying aside all Animosities, you would, in your several Countries and Stations, use your utmost Endeavours to preserve the Public Peace, and see a due Execution of the Laws."
Then the Lord Chancellor, receiving further Directions from His Majesty, and being again returned to his former Place, said,
Parliament prorogued.
"My Lords, and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the Nineteenth Day of May next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Nineteenth Day of May next."