House of Lords Journal Volume 21: December 1718

December 1718

DIE Lunæ, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Dagenham Breach, Accompt delivered.

The House being informed, "That a Person from the Trustees appointed by an Act of Parliament passed in the Twelfth Year of the Reign of Her late Majesty, for stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex," was attending at the Door:

He was was called in.

And Mr. David Legrose, Secretary to the said Trustees, presented to the House, pursuant to the said Act of Parliament, a Paper, intituled,

"Accompt of the Treasurer to the Trustees for Dagenham Breach, for a Year, ending at Michaelmas 1718."

And then he withdrew.

And the said Title was read.

Scot versus Scot.

Upon reading the Petition and Appeal of William Scot of Raeburn, an Infant, by his Guardians; complaining of several Interlocutory Sentences and Decrees of the Lords of Session in Scotland, of the Eighteenth of June 1712, the Seventeenth of February, and Three and Twentieth of June, 1713, made on the Behalf of Walter Scot of Haychester; and praying, "That the same may be reversed; and, in order thereunto, that the usual Summons may be awarded to the said Walter Scot, or his Guardians, to answer the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter Scot and his Guardians may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Nine and Twentieth Day of this Instant December.

Jett, Leave for a Bill.

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

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

East India Company versus Ekins:

After hearing Counsel, upon the Petition and Appeal of the United Company of Merchants of England trading to The East Indies; complaining of several Orders made in the Court of Chancery, the Eleventh of November 1715, the Ninth of March 1716, and the Four and Twentieth of January 1717, in a Cause wherein Thomas Ekines was Plaintiff, and the Appellants Defendants; and praying, "That the said Orders may be reversed:" As also upon the Answer of the said Thomas Ekines put in to the said Appeal; and due Consideration having been had of what was offered on either Side thereupon:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House: and that the several Orders therein complained of be, and are hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the Respondent, the Sum of One Hundred Pounds, for his Costs in respect of the said Appeal.

Jett's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

Long's Petition referred to Judges.

Upon reading the Petition of Sarah Long Widow, Relict and Executrix of Nathaniel Long, late of London, Merchant, deceased, on Behalf of herself, and of Sarah, John, Anne, and Lucy Long, her Children; praying Leave to bring in a Bill, for Sale of the Estate of the said Nathaniel Long, for Payment of his Debts; and applying the Residue according to the Directions of his Will:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Veneris, 5^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Repairs, Parliament-office.

The House being moved, "To inquire what hath been done, by the Officers of His Majesty's Works, pursuant to the Address of this House to His Majesty, of the Fourth of July 1717, in relation to the Repairs of The Parliament-office:"

The Lords following were appointed a Committee, to inspect the Condition of the said Office, and what hath been done therein; and whether there hath been any and what Hindrance in relation to the said Repairs, and the Reasons thereof; and report to the House; and have Power to send for Persons, Papers, and Records:

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.

Clauses in Corporation Act read.

The House being moved, "That the Clauses in the Act of the Thirteenth of King Charles the Second, for well-governing and regulating Corporations, relating to the Solemn League and Covenant, and the Oath concerning taking up Arms against the King, might be read:"

The same were read accordingly.

Judges to prepare a Bill, to quiet Corporations.

And Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill for confirming the Officers of Corporations in the quiet Enjoyment of their Offices, and all lawful Acts by them done as Officers, notwithstanding their having omitted to subscribe the Declaration against the Solemn League and Covenant, or to take the Oath concerning taking up Arms, specified in the Act of the Thirteenth of King Charles the Second, for well-governing and regulating Corporations; and to declare and enact, "That it shall not be requisite for the said Officers to subscribe the said Declaration, or take the said Oath, for the future."

Jett's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

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

Morison versus Smith.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Morison of Preston Grange Esquire is Appellant, and James Smith of Whitehill, and David Burton Glazier, Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Fourth Day for Causes after Christmas next.

Fane versus D. Devon etal.

Whereas William Duke of Devonshire and Lord James Cavendish have put in their Answer to the Appeal of the Honourable John Fane Esquire and Mary his Wife; and in respect the Earl of Ailesbury, another Respondent to the said Appeal, is now Abroad, and only a Trustee:

The House was this Day moved (both Parties consenting), "To proceed to a Hearing on the Answer of the said Earl in the Court of Chancery, without requiring any further Answer from the said Earl in this House."

The Lords following were appointed a Committee, to search Precedents, as to the Method of putting in of Answers to Appeals for Respondents who are beyond Sea, or otherwise disabled to answer in Person; and also to consider whether any and what Persons are concerned in Interest, besides those who have already answered in this Cause; and report to the House:

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.

Arrat versus Wilson.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mr. John Arrat is Appellant, and John Wilson Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Sixth Day for Causes after Christmas next.

Webber versus Farmer.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Michael Webber Senior, of the City of Cork, in the Kingdom of Ireland, is Appellant, and Richard Farmer, a Minor, Son and Heir of Jasper Farmer, late of Ardevolane, in the County of Tipperary, Esquire, by his Guardians, Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Seventh Day for Causes after Christmas next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Blackwood versus Hamilton.

Upon reading the Petition of James Blackwood of London, Merchant; praying, "That a Day may be appointed, for hearing the Cause wherein the Petitioner is Appellant, and John Hamilton of Grange Esquire Respondent; and that this House will please to order the Lords of Session in Scotland to let the Petitioner have (on his paying for the same) an authentic Copy of the Depositions taken before them, in a Cause wherein the Petitioner's Father obtained a Decree, for proving the Tenor of a Bond set forth in the said Appeal, in order to be made Use of at the Hearing:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Eighth Day for Causes after Christmas next; and that the Petitioner may have Copies of the said Depositions, in order to use them as he may by Law.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen;" to which they desire the Concurrence of this House.

Fane versus D. Devon et al.: Method of putting in Answers.

The Lord Viscount Townshend reported from the Lords Committees appointed to search Precedents, as to the Method of putting in of Answers to Appeals for Respondents who are beyond Sea, or otherwise disabled to answer in Person; and also to consider and report whether any and what Persons are concerned in Interest, besides those who have already answered, in the Cause wherein the Honourable John Fane Esquire and his Wife are Appellants, and his Grace the Duke of Devonshire and others are Respondents: "That the Committee have perused an Order of this House, made the Second of January 1704, upon the Petition of certain Persons; setting forth, "That Captain Joseph Bennet, who was ordered to put in his Answer to an Appeal of Mr. St. John, was at that Time Chief Engineer at Gibralter; and the Appeal was brought for Delay, and would be prejudicial to the Petitioners; and praying, That an Answer might be put in, under the Hands of the Counsel for the said Bennet, as though he was present;" by which said Order it was directed, "That the Answer of the said Bennet, signed by his Counsel, should be sufficient in that Case."

"That there was produced before the Committee the Answer put in for the Earl of Aylesbury in the Court of Chancery, when this Cause was there depending, pursuant to an Order of that Court, signed only by Counsel, his Lordship being beyond Sea.

There was also produced before the Committee a Deed of Settlement, made by William late Earl of Devonshire, dated the 11th of July 1683; by which it appeared, that the said Earl of Aylesbury was only a Trustee, and no ways concerned in Interest. And the said Duke of Devonshire and Mr. Fane, being present, desired an Answer to the said Appeal might be put in, in like Manner as was for the said Earl put in to the Court of Chancery.

That as to the other Parties besides the said Duke and the Lord James Cavendish (who have already answered), the Committee were assured, their respective Answers would be put in within the Time limited by the Order of this House made upon receiving the said Appeal. The Committee are of Opinion, That an Answer to the said Appeal, signed by the Counsel for the Respondents, put in for the Earl of Aylesbury, will be sufficient in this Case."

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

Ordered, That an Answer to the said Appeal, signed by the Counsel for the Respondents, be put in for the Earl of Aylesbury.

Land Tax Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to His Majesty an Aid, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment;" to which they desire the Concurrence of this House.

Malt Bill.

Hodic 1^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment."

Mr Justice Dormer's Petition referred to Judges.

Upon reading the Petition of Robert Dormer Esquire, One of His Majesty's Justices of the Court of Common Pleas at Westminster, Uncle of Sir William Dormer Baronet, a Lunatic, Fleetwood Dormer the Younger, only Son and Heir Apparent of the said Robert Dormer, and Susannah Sheldon, Widow of Francis Sheldon Esquire, deceased, only Sister of the said Sir William Dormer; setting forth, "That, by reason of the Lunacy of the said Sir William, no present Settlement can be made of his Estate on the Marriage of the said Fleetwood Dormer, on whom the same is settled, after the Decease of the Petitioner Robert Dormer the Father, and the Death of the said Sir William without Issue Male; neither can the Fortune of the said Susannah, charged on Part of the Premises, be raised whilst the Estate in Law so charged continues in the said Lunatic; and praying Leave to bring in a Bill, for the Maintenance of the said Sir William Dormer; and that the Estate of the said Lunatic, subject to such Charge and Savings as may be thought proper, be vested in such Persons to whom the same would of Right belong in case he were actually dead:"

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

Committee for Repairs of the Parliament office revived.

Ordered, That the Committee appointed to inspect the Repairs of The Parliament-office be revived.

Their Lordships to meet when, where, and as often as, they please.

And that it be an Instruction to the said Committee, To view the Records of the Court of Chancery in The Tower, and those sit 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 fit, and in what Manner and Place the same are now kept."

Draycott versus Talbot:

Upon reading the Petition of Edward Draycott Gentleman; shewing, "That, in the Appeal wherein the Petitioner is Appellant, and Draycott Talbot and others Respondents, William Graham, Son and Heir of Alderman John Graham deceased, an Infant, and Charity Graham, Executors of the said John Graham, were, by Mistake, omitted to be made Parties to the said Appeal, though Thomas Taylor Esquire his Guardian and the said Charity Graham were served with the Order for answering thereunto;" and praying, That the said Mistake may be amended:"

Appeal amended.

It is Ordered, That the said Appeal be forthwith amended, as desired.

Talbot versus Draycott.

Upon reading the Petition of John Hamilton Gentleman, Agent for the Respondent Draycott Talbot and others, to the Appeal of Edward Draycot Gentleman; praying, "That a Day may be appointed for hearing thereof:"

Ordered, That the said Petition do lie on the Table.

Quieting Corporations, Bill brought in:

The Judges, in Pursuance of the Order of this House of Friday last, delivered a Bill, prepared by them, intituled, "An Act for quieting and establishing Corporations."

Then,

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for quieting and establishing Corporations."

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

Stevenson versus Fise.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Catherine Stevenson and Mr. James Gillon Advocate her Husband, for his Interest, are Appellants, Gilbert, Mary, and Eupham Fife, Children to Gilbert Fife deceased, Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Tenth Day for Causes after Christmas next.

Aston versus Colvill.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Ayton Esquire is Appellant, and Margaret Colvill and Robert and Andrew Ayton Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Eleventh Day for Causes after Christmas next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Mercurii, 10^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Fane versus D Devon & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Honourable John Fane Esquire and Mary his Wife are Appellants, and the most Noble William Duke of Devonshire, Thomas Earl of Aylesbury, and others, Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Fifth Day for Causes after Christmas next.

L. Fitzwalter's Privilege:

Complaint being made to the House, and Oath at the Bar, "That Isaac Burrows and Nehemiah Hitch, Fishermen, have fished in that Part of the River of Burnham, alias Walfleet, in the County of Essex, belonging to the Right Honourable Charles Lord Fitzwalter; and also disturbed his Lordship's Fishery therein, during the Time of Privilege of Parliament, in Breach of the Privilege of this House:"

Burrows and Hitch attached, for fishing in Burnham Waters.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Isaac Burrows and Nehemiah Hitch, 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 Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Depu ties; and to all Mayors, Sheriffs, Bailiffs, Constables, and other His Majesty's Officers, to be aiding and assisting in the Execution thereof.

Draycost versus Talbot.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Edward Draycot Gentleman is Appellant, and Draycot Talbot Esquire and others Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Ninth Day of Causes after Christmas next.

Quieting Corperations, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for quieting and establishing Corporations."

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

Land Tax Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen."

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

Malt Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment."

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

Ordered, That the Lord Bishop of Peterborough and the Lord Delawar be added to the Lords Committees appointed to inspect the Repairs of The Parliament-office.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Jovis, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Strathnaver versus Representatives of Gray.

Upon reading the Petition and Appeal of William Lord Strathnaver, only Son of the Right Honourable the Earl of Sutherland; complaining of several Interlocutory Sentences and a Decree of the Lords of Session in Scotland, made the Five and Twentieth Day of July 1717, on the Behalf of Marion Adinstone Relict of Charles Gray, Elizabeth Gray Spouse to Robert Todd Merchant in Edinburgh, Charles, John, and Elizabeth Todd, his Children, Charles, Marion, Agnes, and Margaret Bell, Children of John Bell Merchant in Edinburgh, and Robert Todd and John Bell, the Representatives of the said Charles Gray, deceased; and praying, "That the same may be reversed; and that the Representatives may answer the Premises:"

It is Ordered, That the said Marion Adinstone, and other the Representatives of the said Charles Gray, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Eighth Day of January next.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen."

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

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment."

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

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

Quieting Corporations, Bill.

The House (according to Order) was also adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for quieting and establishing Corporations."

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

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill, and made an Amendment thereunto; which they had directed him to report to the House, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, duodecimum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Veneris, 12^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Quieting Corporations, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for quieting and establishing Corporations," was committed, the Amendment made by the said Committee, as follows:

"2d Sh. 18th Line, after ["be"], insert ["and is hereby"].

Which Amendment was read Twice by the Clerk, and agreed to by the House.

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

Land Tax Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen."

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

It was Resolved in the Affirmative.

Malt Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment."

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, and the Land Tax Bill.

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

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

The House was adjourned during Pleasure, to robe.

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; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Speech in relation to the Money Bills to be passed, delivered the same 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, as follow:

Bills passed.

"1. An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Nineteen."

"2. An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, for the Service of the Year One Thousand Seven Hundred and Nineteen; and for enlarging the Time for entering at the Exchequer such Assignments of Reversionary Annuities as are therein mentioned; and for better securing the Duties on Hides and Skins, Vellum and Parchment."

To which Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Sir Hewit Aucher versus Eliz. Auchet.

Upon reading the Petition and Appeal of Sir Hewit Aucher Baronet; complaining of a Decree of the Court of Chancery, made the Two and Twentieth Day of June 1715, in certain Causes, wherein Dame Elizabeth Aucher, the Widow and Relict of Sir Anthony Aucher Knight and Baronet, deceased, now married to Thomas Hunt, was Plaintiff, and the Petitioner Defendant, & è contra; and praying, "That the same may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Elizabeth Aucher, alias Eliz. Hunt, may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Friday the Six and Twentieth Day of this Instant December.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum tertium diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

Die Lunæ, 9^o Maii, 1720, hitherto examined by us,

Clarendon.
Say & Seale.
Hu. Bristol.
Trevor.

DIE Sabbati, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Quieting Corporations, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for quieting and establishing Corporations."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Justice Tracy and Mr. Justice Dormer:

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

Atkyns versus E. India Company.

Upon reading the Petition and Appeal of Thomas Atkyns of London Merchant; complaining of Two Orders of the Court of Chancery, One made the Six and Twentieth Day of July, and the other the Seventh of November last, in a Cause wherein the United Company of Merchants of England trading to The East Indies were Plaintiffs, and the Petitioner and others Defendants, by which Orders the Petitioner's Plea was overruled; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the United Company of Merchants of England trading to The East Indies may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Saturday the Seven and Twentieth Day of this Instant December; and that the Service of this Order on the Plaintiffs Clerk in the said Court be deemed good Service.

Barnardiston versus Chapman.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Nathaniel Barnardiston and Samuel Marriot are Plaintiffs, and Henry Chapman and Mathew Smith Defendants:"

It is Ordered, That this House will hear the Errors argued in this Case, by Counsel, at the Bar, on the Twelfth Day for Causes after Christmas next.

The House being moved, "That the Act made in the Tenth Year of Her late Majesty's Reign, intituled, An Act for preserving the Protestant Religion, by better securing the Church of England as by Law established, and for confirming the Toleration granted to Protestant Dissenters by an Act, intituled, An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England, from the Penalties of certain Laws, and for supplying the Defects thereof; and for the further securing the Protestant Succession, by requiring the Practisers of the Law in North Britain to take the Oaths, and subscribe the Declaration, therein mentioned;" and also another Act, passed in the Twelfth Year of the late Queen Anne, intituled, "An Act to prevent the Growth of Schism; and for the further Security of the Churches of England and Ireland," might be read:"

The same were read accordingly.

Protestant Interest, for strengthening, Bill.

Then Earl Stanhope, His Majesty's Principal Secretary of State, presented to the House a Bill, intituled, An Act for strengthening the Protestant Interest in these Kingdoms."

The said Bill was read the First Time.

And after Debate;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum septimum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Mercurii, 17^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Willoughby's Petition:

Upon reading the Petition of Thomas Willoughby Esquire, Second Son of the Right Honourable the Lord Middleton; setting forth, "That, by the Will of his Uncle Stephen Rothwell, late of Thurgunby, in the County of Lincoln, Esquire, deceased, several Lands and Hereditaments in the said County were devised to the Petitioner for Life, with Remainder to his First and other Sons successively in Tail Male, with divers Remainders to his Brothers; but there being no Provision in the said Will for the Petitioner, or any of his Younger Brothers when they come to the said Estate, to make Jointures on their Marriages, the Petitioner prays, That Leave be given to bring in a Bill, to limit and appoint any Part of the said Premises, not exceeding Three Hundred Pounds per Annum, for the Jointure of such Woman as he shall marry; and also to enable the Petitioner's Younger Brothers, when they shall respectively become seised of the Freehold of the said Premises, to do the same:"

Reserred to Judges.

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

Message from the King, concerning War with Spain:

The Lord President (by His Majesty's Command) acquainted the House, "That, all His Majesty's Endeavours, and those of the Most Christian King, to procure Redress of the many Injuries done to the Subjects of Great Britain by the King of Spain, to the unspeakable Detriment of the Trade of these Kingdoms, or even to obtain a Discontinuance of the unjust Hostilities carrying on by that Crown, having proved ineffectual, His Majesty has found it necessary to declare War against Spain."

Order for Address.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, "That an humble Address be presented to His Majesty, to return Him the Thanks of this House, for having acquainted this House with the Resolution He has taken, to declare War against Spain: And that, as this House hath already promised His Majesty that they would stand by and support Him in the vigorous Pursuit of those prudent and necessary Measures His Majesty has taken, to secure the Trade and Quiet of these Kingdoms, and the Tranquillity of Europe; so, upon this Occasion, to give His Majesty the strongest Assurances of their firm and steady Resolution, to assist Him with the utmost Zeal, in the Prosecution of the present War against Spain."

The Lords following were appointed a Committee, to prepare an Address pursuant to the said Resolution; (videlicet,)

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

The House was adjourned during Pleasure.

The House was resumed.

D Newcastle, &c. Petition:

Upon reading the Petition of Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Barnard; praying Leave to bring in a Bill, to render more effectual the Agreements that have been made between them, or any of them, in relation to the Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes in the Petition mentioned:

Referred to Judges.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Tracy and Mr. Justice Fortescue; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Pulteney's Petition:

Upon reading the Petition of William, Harry, John, Daniel, Charles, and Thomas Pulteneys, William Lowndes, James Vernon, and Richard Booth, Esquires; setting forth the Will of Sir William Pulteney Knight, deceased, and certain Indentures of Lease and Release in Pursuance of the Trusts in the said Will; as also a Grant of King William the Third, of certain Pieces of Ground, in the Parish of St. James Westm'r, for Ninetynine Years, to commence after a Term of Thirty-four Years, granted by King Charles the Second to the said Sir William Pulteney, dated the Eleventh of August in the 20th Year of His Reign, which was to commence from the 29th of February 1688, "That, there being but 28 Days in the said Month of February 1688, some Doubts have arisen, whether the Leases for the said Terms are good in Law, for Want of a certain Commencement, which cannot be aided without Authority of Parliament;" and praying Leave to bring in a Bill, to enable the Petitioners, and their Issue Males respectively, who shall be seised of the Freehold of the said Premises, by virtue of the Will of Sir William Pulteney, deceased, or of the Indentures of Lease and Release in the Petition mentioned, to make Building Leases; and also to aid and supply the Desects of the said Terms granted by Their late Majesties King Charles the Second and King William the Third, as to the Commencements thereof.

King's Consent signified:

The Lord President acquainted the House, "That His Majesty has been informed of the Purport of the said Petition, and does consent to the aiding the said Defects:"

The Bill referred to Judges.

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

E. Hadinton's Petition:

Upon reading the Petition of Thomas Earl of Hadinton, in Behalf of himself and others; praying Leave to bring in a Bill, to enable them to dispose of and sell, from Time to Time, such Part of the Estate in the Petition mentioned, as shall be thought proper and advisable; and that the Money arising by Sale thereof may be vested in Trustees, on Trust, to purchase as much of other Lands or Rents lying more contiguous and advantageous to the Petitioner's Estate, to be settled to the same Uses as the Lands to be sold stand settled:

Referred to Judges.

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

The House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.

After some Time, the House was resumed.

Address on His Majesty's Message concerning War with Spain.

And the Earl of Manchester reported from the Lords Committees, appointed to prepare an humble Address, to be presented to His Majesty, pursuant to the Resolution agreed on this Day, "That they had prepared an Address accordingly, as follows; (videlicet,)

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do return Your Majesty our most humble Thanks, for having acquainted us with the Resolution Your Majesty has taken, of declaring War against Spain. And as this House has already promised Your Majesty, "That they would stand by and support You in the vigorous Pursuit of those prudent and necessary Measures. Your Majesty has taken, to secure the Trade and Quiet of these Kingdoms, and the Tranquillity of Europe;" so, upon this Occasion, we beg Leave to give Your Majesty the strongest Assurances of our firm and steady Resolution to assist Your Majesty, with the utmost Zeal, in the Prosecution of the present War against Spain."

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

Ordered, That this be the Address to be presented to His Majesty.

Whole House to attend His Majesty:

Ordered, That the said Address be presented to His Majesty by the whole House.

Lords to know when He will be attended.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended by this House, with the said Address.

Sir William Courtenay versus Langford.

Upon reading the Petition and Appeal of Sir William Courtenay Baronet, Son and Heir of Francis Courtenay Esquire; complaining of an Order of the Court of Chancery in Ireland, in a Cause there depending, wherein the Petitioner was Plaintiff, and William Langford Senior and William Langford Junior were Defendants, whereby the Defendants Plea was allowed; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Langford Senior and William Langford Junior may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the One and Twentieth Day of January next; and that the Service of this Order on the Desendants Six Clerk in the said Court be deemed good Service.

Viscount M^t Cassel versus Hayes:

Upon reading the Petition of James Lord Viscount M^t Cassell; setting forth, "That, since the lodging his Appeal the last Session, the Petitioner is informed the Respondent Charles Hayes is dead; but, before his Death, he appointed William Empson and Robert Harding his Executors, who have renounced; and Administration, with the Will annexed, is granted to Hannah Hayes his Widow; and praying, That the said Appeal, and Proceedings thereupon, may be revived; and the said Hannah Hayes be ordered to put in her Answer thereunto:"

To revive Appeal.

It is Ordered, That the said Appeal be revived; and that the said Hannah Hayes be, and is hereby, required to put in her Answer thereunto, in Writing, on or before Wednesday the One and Twentieth Day of January next.

His Majesty to be attended with the Address.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended by this House, with their Address; and that His Majesty was pleased to appoint to be waited on immediately, with the said Address, at His Palace of St. James's."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Jovis, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videlicet,)

King's Answer to Address:

"My Lords,

"I return you My hearty Thanks, for this Address; and for the Assurances you give Me of your steady Resolution to support and assist Me in the Prosecution of this War against Spain."

Address and Answer to be printed.

Ordered, That the Address of this House presented to His Majesty Yesterday, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Messages from H. C. with Bills.

A Message was brought from the House of Commons, by Sir Willoughby Hickman and others:

With a Bill, intituled, "An Act for the more effectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Bladen and others:

With a Bill, intituled, "An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for encouraging the Tobacco Trade;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir Thomas Wheate and others:

With a Bill, intituled, "An Act for repairing the Roads from the Top of Stokenchurch Hill to Enslow Bridge, and the Road leading from Wheatly Bridge, through the City of Oxon, by Begbrook, to New Woodstock, in the County of Oxon, (except the Mill Way on each Side the said City); and to disable all Commissionerś or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the Toll for repairing such Highways or Roads;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Evelyn and others:

With a Bill, intituled, "An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill, instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased;" to which they desire the Concurrence of this House.

Poor Wives and Children, for Relief of, Bill.

Hodie I^a vice lecta est Billa, intituled, "An Act for the more effectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish."

Holborne versus Babbington.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, from the Exchequer Chamber in Ireland, wherein James Holborne is Plaintiff, and William Babbington Defendant:"

It is Ordered, That this House will hear the said Errors argued in this Case, by Counsel, at the Bar, on the Thirteenth Day for Causes after Christmas next.

Protestant Interest, for strengthening, Bill.

Hodie 2^a vice lecta eft Billa, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms."

And a Debate arising, "Whether the said Bill shall be committed?"

It is Ordered, That the said Debate be adjourned till To-morrow Morning; and all the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Veneris, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS

Evelyn, to change his Name to Glanville, Bill.

Hodie I^a vice lecta est Billa, intituled, "An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill, instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased."

Tobacco Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for encouraging the Tobacco Trade."

Butler versus Bourke.

Upon reading the Petition and Appeal of William Butler; complaining of an Order and Decree of the Court of Chancery in Ireland, made the Eighth Day of February One Thousand Seven Hundred and Sixteen, in certain Causes, wherein the Petitioner was Plaintiff, and John Bourke and Frances his Wife were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Bourke and Frances his Wife may have a Copy of the said Appeal; and be, and are hereby, required to put in their Answer thereunto, in Writing, on or before Friday the Three and Twentieth Day of January next.

Poor Wives and Children, for Relief of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more essectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish."

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

Visc. Grandison's Pet. referred to Judges.

Upon reading the Petition of John Viscount Grandison of the Kingdom of Ireland, in Behalf of himself and his Son James Fitz-Gerald Villiers an Infant, Charles Villiers, William Villiers, Esquires, Edward Rumbold Esquire and Anne his Wife; praying Leave to bring in a Bill, for Sale of the Advowson and Rectory of Higham Gobions, and certain Lands, in the County of Bedford; and, with the Money arising thereby, to purchase other Lands, lying more contiguous to the Petitioner's Estate, to be settled to the same Uses:

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

Sir John Tyrwhitt & al. Pet. referred to Judges.

Upon reading the Petition of Sir John Tyrwhitt Baronet, Sir Cane James Baronet and Dame Anne his Wife, and John Conyers Esquire, surviving Executor of Henry Frederick Thynne Esquire, on Behalf of Thomas Viscount Weymouth, an Insant; setting forth, "That Francis Phelips Esquire, deceased, was, in his Lifetime, seised of divers Lands in Essex, which he settled on his Wife for Life, for her Jointure; that the said Jointress is lately dead, whereby the said Estate is come to the Petitioners; which lying remote from all the said Persons interested therein, and being undivided, it will be most advantageous for them to join in a Sale thereof; which, by reason of the Infancy of the said Viscount, cannot be done without Authority of Parliament; and praying Leave to bring in a Bill, to enable the Petitioners to make Sale of the said Estate, notwithstanding the Infancy of the said Viscount Weymouth:"

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

Protestant Interest, for strengthening, Bill:

The Order of the Day being read, for resuming the adjourned Debate of Yesterday, touching the Commitment of the Bill, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms:"

Notice was taken, "That divers Persons were in the House, who had no Right so to be."

They were thereupon directed immediately to withdraw.

Which some of them refusing or neglecting to do:

It is Ordered, That the Gentleman Usher of the Black Rod do take into his Custody any Person who shall presume to be in the House contrary to their Lordships Standing Orders.

After a long Debate;

The Question was put; "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Protest against committing it;

Dissentient.

W. Cant.
Buckingham.
W. Ebor.
Scarsdale.
Joh. London.
Anglesey.
Willoughby de Broke.
Litchfield.
Weston.
Masham.
Guilford.
Boyle.
Abingdon.
Bruce.
Bingley.
Oxford.
Fr. Roffen.
Fran. Cestriens.
Trevor.
Geo. Bristol.
Compton.
P. Hereford.
Uxbridge.
Foley.
Strafford.
Bathrust.
Harcourt.

Then the Question was put, "That the said Bill be committed to a Committee of the whole House, To-morrow?"

It was Resolved in the Affirmative.

Amendments to the Bill.

Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms," To-morrow; and that all the Lords be summoned, with Notice of the Occasion.

Ordered, That it be an Instruction to the Committee of the whole House to whom the Bill last men tioned stands committed, "To leave out, from the Word ["void"], in the Second Line of the Second Sheet, to the Word ["Provided"] in the Seventh Line of the Fourth Sheet of the said Bill, the Clauses following; (videlicet,)

And whereas great Complaint hath been made, by the Clergy of the Church of England as by Law established, that they are frequently threatened with vexatious Law Suits, and exposed to other Hardships, in case they refuse to administer the Holy Sacrament of the Lord's Supper to such Persons who, by reason of Offices or Places of Trust, are obliged to receive the same: Be it therefore Enacted, by the Authority aforesaid, That no Minister shall be liable to any Censure, Suit, or Action, of any Nature or Kind whatsoever, for refusing or denying to administer the Holy Sacrament to any Person, who shall come to receive the same, in order to qualify himself to take or continue any Office, or Place of Trust, or in order to receive any Pay, Salary, Fee, or Wages, from the Crown; except where he shall deny to administer it contrary to his express Promise so to do, upon the Request herein aftermentioned: And to the End that no Person may, by Reason of this Liberty hereby granted to the Clergy, be unreasonably frustrated of any Office, be it also Enacted, by the Authority aforesaid, That if any Person shall have Occasion to receive the Sacrament of the Lord's Supper, according to the Usage of the Church of England, in order to qualify himself to take or continue any Office, or Place of Trust, or in order to receive any Pay, Salary, Fee, or Wages, and shall, Days before he intends to receive the said Holy Sacrament, by himself or Agent, give Notice thereof, in Writing, to the Minister or other Person usually officiating at the Church where he intends to receive it, in these Words, or to the like Effect; (videlicet,) "Designing to qualify myself for an Office according to Law, I intend to receive the Sacrament of the Lord's Supper, at the Church of, on Sunday next; and do desire you to administer it to me:" And if such Minister, or other Person, shall, at the Time of such Notice given, refuse to promise, or shall not expressly promise, to administer the Sacrament according to such Desire, which is hereby enacted to be, and to be taken for, a Refusal; or shall promise to give him the Sacrament, and afterwards refuse to do it when the Party comes according to his Notice to receive it; that then, and in every such Case, such Notice and Refusal shall be accepted and taken in Place of receiving the Sacrament of the Lord's Supper; and such Person shall be capable of being chosen into, or of holding and enjoying, any Office or Place of Trust, or of receiving any Pay, Salary, Fee, or Wages, from the Crown, as if he had actually received the Sacrament of the Lord's Supper on the Day in such Notice expressed: Provided nevertheless, That such Person, within Three Months after his Admission into such Office or Place of Trust, or after the Grant of such Pay, Salary, Fee, or Wages, do, in One of His Majesty's Courts of Record at Westminster, or at the Quarter Sessions of the Peace for the County, Riding, Town, or Place, where he shall reside, make Proof of such Notice and Refusal, by Two credible Witnesses, upon Oath; and such Proof shall be put upon Record in the Court where it is made."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Sabbati, 20^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Barwell's Pet. referred to Judges.

Upon reading the Petition of Robert Barwell Esquire and Joanna his Wife, on the Behalf of themselves and Robert their only Child, an Insant, and of Daniel Alford, of London, Merchant, and Samuel Rush Esquire, Trustees in the Settlement made on the Marriage of the said Robert and Joanna Barwell; praying Leave to bring in a Bill, for Sale of a Capital Messuage or Tenement, with its Appurtenances, together with Three Acres of Land, lying in the Parish of Witham, in the County of Essex; and for applying the Money arising by such Sale in the Purchase of another Estate, to be settled to such Uses as the said House and Three Acres of Land is now settled:

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

Tobacco Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for encouraging the Tobacco Trade."

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

Protestant Interest, for strengthening, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms."

After some Time spent therein, the House was resumed.

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

Ordered, That the said Report be received on Monday Morning next; and the Lords to be summoned, with Notice of the Occasion; and that all the Judges do then attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum secundum diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Lunæ, 22^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Jett's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to vest the Fee and Inheritance of the Capital Messuage called Halifaxhouse, in St. James's Square, in the Parish of St. James's, Westminster, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years, devised by William late Lord Marquis of Halifax to his Executors, in Trust, for the better Performance of his Will;" to which they desire the Concurrence of this House.

Tobacco Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for encouraging the Tobacco Trade."

After some Time spent therein, the House was resumed.

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

Poor Wives and Children, for Relief of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual Relief of such Wives and Children as are left by their Husbands and Parents upon the Charge of the Parish."

After some Time spent therein, the House was resumed.

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

Tobacco Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing an Act made in the Twelfth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for encouraging the Tobacco Trade."

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

It was Resolved in the Affirmative.

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

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

Glanvill's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Glanvill Esquire to take upon him the Surname of Glanvill, instead of his Surname of Evelyn, pursuant to the Will of William Glanvill Esquire, deceased."

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

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.

Protestant Interest, for strengthening, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms," was committed, the Amendments made by the Committee to the said Bill; which his Lordship read in his Place, and afterwards delivered the same in at the Table.

Where they were read by the Clerk; as follow; (videlicet,)

"2 Sh. 1 L. Leave out ["Church"], and insert ["Churches"]; and in the same Line, after ["Ireland"], insert ["as by Law established"].

"2 L. Leave out from the Word ["void"] to ["Provided"], in the 7th Line of the 4th Sheet."

Then, it being moved, "That a Clause in the Act 12^o Annæ Reginæ, intituled, "An Act to prevent the Growth of Schism, and for the better Security of the Churches of England and Ireland as by Law established," relating to the Power given to the Bishops to cite Persons keeping Schools without License, and proceed against them by Ecclesiastical Censures, might be read:"

The same was read accordingly.

It was proposed, "That the Judges be asked their Opinions, "Whether, by the Repeal of the Act to prevent the Growth of Schism, the Jurisdiction of the Bishops and their Courts, which they had before the making of the said Act, will be any Ways lessened or affected?"

And the same being put to the Judges:

The Lord Chief Justice, in the Name of all the Judges, delivered their unanimous Opinion, "That, if the said Act be repealed, the Law as to the Point in the Question will be the same as before; and that whatever Jurisdiction the Bishops had, will remain entirely to them, as if the said Act had not been made."

Then it was proposed, "That the Judges be asked their Opinions, "Whether any and what Judicial Determination has been in Westminster Hall, touching the Doubts arising upon the Act of Uniformity, or the Act of Toleration, as to the Jurisdiction of the Bishops, against Persons teaching School without License?"

And the same being put to the Judges:

The Lord Chief Justice delivered their unanimous Opinion, "That no such Judicial Determination has been in Westminster Hall."

Then it was proposed, "To ask the Opinion of the Judges, "Whether, if the Schism Act be repealed, that Clause in the Act of Uniformity concerning School-masters be in Force or not?"

Which being objected to:

The Question was put, "Whether the said Question shall be put?"

It was Resolved in the Negative.

The said Amendments, being read again, were agreed to by the House; and the Bill and Amendments ordered to be engrossed.

Ordered, That the said Bill be read the Third Time To-morrow; and the Lords to be summoned.

Halifax House, &c. Sale of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest the Fee and Inheritance of the Capital Messuage called Halifax House, in St. James's Square, in the Parish of St. James's, Westminster, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years, devised by William late Lord Marquis of Halifax to his Executors, in Trust, for the better Performance of his Will."

Upon the First Reading of the said Bill:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration thereof be, and is hereby, referred to Mr. Baron Price and Mr. Justice Eyre; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

D. of New-castle and L. Harley's Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard; praying Leave to bring in a Bill, to render more effectual the Agreements that have been made between them, or any of them, in relation to the Estate of John late Duke of Newcastie; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes in the Petition mentioned:

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

Hodic 1^a vice lecta est Billa, intituled, "An Act to render more effectual the Agreements that have been made between Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard, or any of them, in relation to the Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes therein mentioned."

Oxford Roads, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, and the Road leading from Wheatly Bridge, through the City of Oxon, by Begbrook, to New Woodstock, in the County of Oxon (except The Mill Way on each Side the said City); and to disable all Commissioners or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the Toll for repairing such Highways or Roads."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem hujus instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.

DIE Martis, 23^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

D. of Newcastle's and L. Harley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to render more effectual the Agreements that have been made between Thomas Holles Duke of Newcastle, Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard, or any of them, in relation to the Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes therein mentioned."

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 Wednesday the Seventh Day of January 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.

Message from H. C. to return the Bill for quieting Corporations.

A Message from the House of Commons, by Sir Thomas Hanmer and others:

To return the Bill, intituled, "An Act for quieting and establishing Corporations;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

The said Amendments were read Twice.

And the First of them was agreed to.

And a Debate arising touching Clause (A):

Ordered, That this House shall take into further Consideration the said Amendment on Wednesday the Seventh Day of January next; and that the Judges have a Copy thereof, and do then attend.

Protestant Interest, for strengthening, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for strengthening the Protestant Interest in these Kingdoms."

A Rider offered, to be added to it:

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

Which was read, as follows; (videlicet,)

"And be it further Enacted, by the Authority aforesaid, That, from and after this present Session of Parliament, all and every Person and Persons, who, in respect of any Office or otherwise, shall be required by Law to take the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, prescribed by an Act made in the First Year of His present Majesty's Reign, immediately after taking the said Oaths, shall publicly and audibly make, repeat, and subscribe, the Profession of Christian Belief contained in an Act made in the First Year of the Reign of Their late Majesties King William and Queen Mary, intituled, "An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws," in the Words following: "I A. B. profess Faith in God the Father; and in Jesus Christ, His Eternal Son, the true God; and in the Holy Spirit; One God blessed for evermore; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine Inspiration:" Which Profession, being entered on a Roll, made, repeated, and subscribed, as aforesaid, shall be kept in the same Manner as the said Oaths when taken are required to be entered and kept. And all and every such Person and Persons, neglecting or omitting to make, repeat, and subscribe, the said Profession of his Belief in Manner aforesaid, shall forfeit and incur the same Penalties and Incapacities as he should have forfeited and incurred in case he had neglected or omitted to take the said Oaths, or any of them."

It was moved, "That the Act made in the Ninth and Tenth Year of the Reign of His late Majesty King William the Third, intituled, "An Act for the more effectual suppressing of Blasphemy and Profaneness," might be read."

The same was read accordingly.

Then it was moved, "That the said Rider be read a Second Time."

Which being objected to:

After Debate;

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

It was Resolved in the Negative.

Protest against not reading it a Second Time:

"Dissentient.

W. Ebor.
Joh. London
P. Hereford.
Fran. Cestriens.
Nottingham.
Geo. Bristol.
Bruce.
Guilford.
Boyle.
Trevor.
Oxford.
Abingdon.
Bingley."

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

It was Resolved in the Affirmative.

Protest against the Bill:

"Dissentient.

W. Ebor.
Buckingham.
Joh. London.
Scarsdale.
Litchfield.
Brooke.
P. Hereford.
Nottingham.
Geo. Bristol.
Abingdon.
Fran. Cestriens.
Bruce.
Strafford.
Guilford.
Fr. Roffen.
Willoughby Broke.
Compton.
Oxford.
Weston.
Boyle.
Montjoy.
Bathurst.
Bingley.
Trevor."

Message to H. C. with the Bill.

A Message was sent to the House of Commons, by Mr. Justice Dormer and Mr. Baron Page:

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

Bp. of Carlisle to preach.

Ordered, That the Lord Bishop of Carlisle be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the Thirtieth Day of January next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem Januarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.