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: December 1720', 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/pp369-385 [accessed 22 December 2024].
'House of Lords Journal Volume 21: December 1720', 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/pp369-385.
"House of Lords Journal Volume 21: December 1720". 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/pp369-385.
In this section
December 1720
Anno 7o Georgii Regis.
DIE Jovis, Octavo Decembris, 1720.
DIE Jovis, Octavo Decembris, 1720, Annoque Regni Serenissimi Domini Georgii, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Septimo, in quem Diem præsens hæc Sexta Sessio Parliamenti, per separal. Adjournamenta et Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Weslmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, præsentes fuerunt:
REX.
Georgius Princeps Walliæ.
PRAYERS.
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;
The Lord Chancellor, on his Knee, received Directions from His Majesty; who, at the same Time, delivered a Paper into his Lordship's Hand: And, being returned to his former Place, at His Majesty's Right Hand, His Majesty spake as follows:
"My Lords, and Gentlemen,
"I have given Order to my Lord Chancellor, to declare to you, in My Name and Words, the Causes of My meeting you now in Parliament."
Then the Lord Chancellor said,
"My Lords, and Gentlemen,
"I have now received His Majesty's Commands from the Throne, to declare to you, in His Majesty's Name and Words, the Causes of meeting you now in Parliament, as follows:
"My Lords, and Gentlemen,
His Majesty's Speech.
Since we last parted, the Face of our Affairs Abroad is become more favourable. The Peace in the South only wants the Form of a Congress; and that of the North is brought much nearer to a Conclusion. I shall, at a proper Time, order the several Treaties; I have made, to be laid before you; by which you will perceive the Success of our Endeavours to establish a Peace throughout Europe, and to secure and support the Protestant Religion. At the same Time, I can never sufficiently express My Concern for the unhappy Turn of Affairs, which has so much affected the Public Credit at Home.
"Gentlemen of the House of Commons.
I do most earnestly recommend it to you, that you consider of the most effectual and speedy Methods to restore the National Credit, and fix it upon a lasting Foundation. You will, I doubt not, be assisted in so commendable and necessary a Work, by every Man that loves his Country; and especially by the several great Societies of this Kingdom. I hope you will on this Occasion remember, that all your Prudence, your Temper, and Resolution, are necessary, to find out and apply the proper Remedies to our Misfortunes; which will, if you succeed, serve to increase that Reputation you have so justly acquired; particularly if you shall be able, notwithstanding these Difficulties, to discharge a Part of the Public Debt.
I have ordered the several Estimates to be laid before you of the Expence of the ensuing Year; and must desire you to dispatch the Supplies necessary for them.
"My Lords, and Gentlemen,
"I am glad to observe to you, that our Trade does appear to have been more extended this Year than in the preceding one: We have the most flourishing Navy of any Nation whatsoever to protect it; and I hope you will turn your Thoughts to the best Methods for the Security and Enlarging of our Commerce: You may depend on My hearty Concurrence to all such Provisions as shall appear to you necessary for the Good of My People."
Which being ended; His Majesty was pleased to retire.
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
The Lord Chancellor acquainted the House, "That there were Two Lords without, ready to be introduced."
D of Dorset introduced:
Then, Lionel Cranfield Earl of Dorset and Middlesex, being, by Letters Patent, dat. 17o Die Junii, Anno Sexto Gcorgii Regis, created Duke of Dorset, was this Day, in his Robes, introduced, between the Lord Steward and Lord Chamberlain of His Majesty's Household (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Willoughby of Eresby (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.
His Grace presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.
His Grace's Writ of Summons was also read, as follows; (videlicet,)
His Writ of Summons.
Georgius, Dei Gratia, Magnæ Britanniæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo & Consiliario Nostro Lionel. Cranfield Duci de Dorset, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magn. Britanniæ & Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, inchoari & teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum ibidem tunc tentum suit; & abinde, per separal. Adjournamenta & Prorogationes, usque ad & in Vicesimum Octavum Diem Julii jam prox. sequen. prorogatum est; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Testibus Gulielmo Archiepiscopo Cantuar. & cæteris Custodibus & Justiciar. Regni, apud Westm. Decimo Septimo Die Junii, Anno Regni Nostri Sexto.
"Wrighte."
Then his Grace came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the upper End of the Earls Bench.
D. of Bridgewater introduced:
Scroop Earl of Bridgewater, being, by Letters Patent, dat. 18o Die Junii, Anno Sexto Georgii Regis, created Duke of Bridgewater, was also, in his Robes, introduced, between the Lord Chamberlain of His Majesty's Household and the Duke of Bolton (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Willoughby of Eresby (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.
His Grace presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.
His Grace's Writ of Summons was also read, as follows:
His Writ of Summons.
Georgius, Dei Gratia, Magn. Britanniæ, Franc. & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Scroop Duci de Bridgewater, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magn. Britann. & Ecclesiæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, inchoari & teneri ordinaverimus; & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum ibidem tunc tentum fuit; & abinde, per separal. Adjournamenta & Prorogationes, usque ad et in Vicesimum Octavum Diem Julii jam prox. sequen. prorogatum est, apud Civitatem Nost am præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Maghatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum; ac Salvationem & Defensionem Regni & Ecclesiæ præd: Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Testibus Gulielmo Archiepiscopo Cantuar & cæteris Custodibus & Justiciar. Regni, apud Westm. Decimo Octavo Die Junii, Anno Regni Nostri Sexto:
Wrighte."
Then his Grace came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the upper End of the Earls Bench.
Poor not to be defrauded, Bill.
Hodie 1a vice lecta est Billa; intituled, "An Act for preventing of the Poor's being defrauded."
Committee of Privileges.
Lords Committees appointed to consider of the Customs and Orders of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.
Their Lordships, or any Seven of them; to meet on Monday next, at Ten of the Clock in the Forenoon, in the House of Peers; and every Monday after; and to adjourn from Time to Time, as they please.
Committee for the Journal.
Lords Sub-committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this House.
Their Lordships, or any Three of them; to meet, when, where, and as often as, they please.
King's Speech reported.
The Lord Chancellor reported His Majesty's Speech.
Order for Address.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "To return the Thanks of this House, for His Majesty's most Gracious Speech from the Throne: To congratulate His Majesty upon the near Prospect of a general Peace being established throughout Europe; and to acknowledge, with the greatest Gratitude, His Majesty's Care and Endeavours for the Security and Support of the Protestant Religion; towards the attaining of which great Ends, His Majesty may depend upon the utmost Support and Assistance of this House: To express to His Majesty how much this House is concerned at the present unhappy State of public Credit; and to assure His Majesty of the zealous and ready Concurrence of this House, in all such Methods as shall be most effectual and speedy to restore it, and fix it upon a lasting Foundation; and also in all other Measures that may tend to the securing and enlarging the Commerce of these Kingdoms."
Then the Lords following were appointed a Committee, to prepare an Address pursuant thereunto; and report to the House:
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.
Ordered, That His Majesty's most Gracious Speech be referred to the said Committee.
B. of Bristol to preach on the Fast-day.
Ordered, That the Lord Bishop of Bristol be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Friday the Sixteenth Day of this Instant December; being the General Fastday, appointed by His Majesty's Royal Proclamation.
The House was adjourned during Pleasure; and the Lords withdrew, to draw the Address.
After some Time, the House was resumed.
Address reported.
And the Earl of Warrington reported from the Lords Committees appointed to prepare an Address, to be presented to His Majesty, pursuant to the before-mentioned Order, "That they had prepared an Address accordingly, as follows:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty the Thanks of this House, for Your most Gracious Speech from the Throne; and to congratulate Your Majesty upon the near Prospect of a general Peace being established throughout Europe: And we do acknowledge, with the greatest Gratitude, Your Majesty's Care and Endeavours for the Security and Support of the Protestant Religion; towards the attaining which great Ends, Your Majesty may depend upon our utmost Support and Assistance.
"We cannot sufficiently express to Your Majesty how much we are concerned at the present unhappy State of Public Credit: And we do, upon this Occasion, assure Your Majesty of our zcalous and ready Concurrence in all such Methods as shall be most effectual and speedy to restore it, and fix it upon a lasting Foundation; and also in all other Measures that may tend to the securing and enlarging the Commerce of these Kingdoms."
Which Address, being read by the Clerk entire, and afterwards in Paragraphs, was, with leaving out the Word ["but"], and inserting the Word ["sufficiently"], agreed to by the House.
The House to attend His Majesty.
Ordered, That this be the Address to be presented to His Majesty; and that the same be presented to His Majesty by the whole House.
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.
King's Speech to be considered.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on Tuesday next, this House will take into Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.
Stoppages in the Streets, Order to prevent.
The House takeing Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King's-Street, and the Passages to The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitchall and the Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Four of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.
DIE Veneris, 9o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The King to be attended with Address.
The Lord Steward 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 this Afternoon, at Two a Clock, at His Palace of St. James's."
E. Rochford & al. Petition referred to Judges.
Upon reading the Petition of Frederick Earl of Rochford and Bessy Countess of Rochford his Wife, and of James Barry Earl of Barrymore in the Kingdom of Ireland, on Behalf of himself and Lady Penelope Barry his Daughter, an Infant, and on the Behalf of John Earl Rivers, by virtue of a special Authority for that Purpose; praying Leave to bring in a Bill, to render effectual certain Settlements, and an Agreement in the Petition mentioned, touching the Estate of the late Earl Rivers, notwithstanding the Minority of the said Bessy Countess of Rochford and Lady Penelope Barry:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Powys; 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 & in diem Lunæ, duodecimum diem instantis Decembris, hora undecima Auror. Dominis sic decernentibus.
DIE Lunæ, 12o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lord St. John of Bletso takes his Seat and the Oaths.
This Day Rowland Lord St. John of Bletsho fat first in Parliament upon the Death of his Brother William late Lord St. John of Bletsho; and came to the Table, and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
The King's Answer to Address reported.
The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videdicet,)
"My Lords,
"I thank you for this dutiful and loyal Address; and I persuade Myself, that your Zeal for the Good of your Country, your Temper, Wisdom, and Unanimity, will greatly contribute towards extricating us out of our present Difficulties."
Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
Visc. Lanesborough versus Ellwood:
Upon reading the Petition of James Lord Viscount Lanesborough of the Kingdom of Ireland, and Laurence Eustace; setting forth, "That the Petitioners the last Session of Parliament, lodged their Appeal from Two Decrees of the Court of Chancery, in the same Kingdom, against David Ellwood; that, since the lodging the said Appeal, the said Respondent is dead, and hath left his Wife Eleanor Ellwood sole Executrix of his last Will, who hath since duly proved the same, and taken out Letters of Administration accordingly;" and praying Leave to amend the said Appeal, by making the said Eleanor Ellwood Respondent thereunto, in the room of her said late Husband; and to order her to put in her Answer forthwith:
To amend Appeal.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners be at Liberty to amend their said Appeal; and that the said Eleanor Ellwood be, and is hereby, required to put in her Answer thereunto, in Writing, forthwith, according to the Prayer of the said Petition.
Corporation of Gallway versus Russel.
Upon reading the Petition and Appeal of the Mayor, Sheriffs, Free Burgesses, and Commonalty, of the Town and County of the Town of Gallway; complaining of a Decree of the Chancery of the Court of Exchequer in Ireland, of the First of February 1719; and a Report and several Orders, made the Five and Twentieth of May 1715, the One and Twentieth and Five and Twentieth of June last, and all Proceedings thereupon, in a Cause there depending, wherein Henry Russell Esquire, as One of the Executors of Colonel Russell deceased, was Plaintiff, and the Petitioners and the other Executor of the said Colonel were Defendants; and praying, "That the same may be reversed; and the Plaintiffs Bill dismissed with Costs:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Russell may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Sixteenth Day of January next; and that Service of this Order on the Respondents Attorney in the said Court of Exchequer be deemed good Service, in order thereunto.
Hamilton versus Boswell:
Whereas, by Order of this House of the Seventeenth of May last, the Appeal wherein William Hamilton of Grange is Appellant, and George Boswell and Helen his Wife are Respondents, was adjourned till the next Session of Parliament:
Hearing appointed.
The House being this Day moved, on the Behalf of the said Appellant, "That a Day may be appointed, for hearing thereof:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Cause-day after the approaching Holydays.
Bradborne versus; Woodcock.
Upon reading the Petition and Appeal of John Bradborne Gentleman; complaining of Part of a Decretal Order made in the High Coutt of Chancery, the Two and Twentieth Day of July 1719, in a Cause wherein the Petitioner was Plaintiff, and William Woodcock Defendant; and praying, "That so much of the said Decretal Order whereby the Plaintiff's Bill is ordered to stand dismissed may be reversed, and the Petitioner relieved:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Woodcock may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Six and Twentieth Day of this Instant December.
Commissioners forfeited Estates versus Ogilvies & al.
Whereas the several Causes, wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and George and John Ogilvies, Sir James Mackenzie, Sir George Stewart in relation to the Estate of Borlick, Patrick Farquharson, Donald Mackenzie, John Hogge, Sir George Stewart in relation to the Estate of Gaskinhall, and Sir George Stewart in relation to the Estate of Waterstoun, are Respondents, were, by Order of this House of the Twelfth of May last, adjourned till the next Session of Parliament; and the First of the said Causes to be proceeded on the Third Day of the next Session, and the others to be heard de Die in Diem, in the Order they then stood:
The House being this Day moved, "That Days may be appointed for hearing the same:"
It is Ordered, That this House will hear the First of the said Causes, by Counsel, at the Bar, on Wednesday next; and the others to be proceeded in on Mondays, Wednesdays, and Fridays, successively, in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Decembris, hora undecima Auror. Dominis sic decernentibus.
DIE Martis, 13o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Corporation of Coventry versus Attorney General & al.
Upon reading the Petition and Appeal of the Mayor, Bailiffs, and Commonalty, of the City of Coventry; complaining of a Decree of the High Court of Chancery, of the Fourth of March One Thousand Seven Hundred and Eleven, and the Proceedings thereupon, in a Cause wherein His Majesty's Attorney General, at the Relation and on the Behalf of the Inhabitants of the City of Coventry, and of the Towns of Northampton, Leicester, Nottingham, and Warwick, was Plaintiff, and the Petitioners and others were Defendents; and praying, That Sir Robert Raymond Knight His Majesty's Attorney General, William Bromley, John Craven, Sir Thomas Gcry, Norton Hanjon, Arthur Gregory, Henry Greene, Edward Tayler Senior, Thomas Burgh, Robert Smith, Horace Hopkins, Isaac Fox, George Greenway, Thomas King, William Nurden, Nathaniel Alsop, Thomas Wright, Thomas Herbert, John Yardley, James Birch, Thomas Hurt, Thomas Bott, Joseph Ash, William Lagoe, and Michael Lawrence, the now surviving Trustees named in the said Decree, may answer the Premises; and that the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General, and the other surviving Trustees named in the said Decree, may have Copies of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Seven and Twentieth Day of this Instant December.
Committee to prevent Disorders in the House.
Notice being taken of the great Disorders that have been in this House:
The Lords following were appointed a Committee, to consider of the said Disorders, especially when His Majesty has been on the Throne; and what may be the best Means to prevent such Disorders for the future; and to report to the House:
Ld. President. L. Steward. L. Chamberlain. D. Somerset. D. Bolton. D. Bucks & Nor. D. Montrose. D. Wharton. D. Manchester. D. Dorset. D. Bridgewater. M. Annandale. E. Lincoln. E. Warwick. E. Westmorland. E. Sunderland. E. Clarendon. E. Burlington. E. Radnor. E. Yarmouth. E. Nottingham. E. Rochester. E. Abingdon. E. Coventry. E. Godolphin. E. Buchan. E. Loudoun. E. Orkney. E. Ilay. E. Strafford. E. Uxbridge. E. Aylesford. E. Halifax. E. Sussex. E. Cowper. V. Say & Seal. V. Cobham. |
L. Bp. Norwich. L. B. St. Davids. L. B. Chester. L. B. Glocester. L. B. Lincoln. L. B. Peterborough. L. B. Bristol. |
L. Willoughby Er. L. North & Grey. L. Hunsdon. L. Compton. L. Maynard. L. Lucas. L. Lumley. L. (fn. 1)Carteret. L. Guilford. L. Rosse. L. Belhaven. L. Harcourt. L. Boyle. L. Montjoy. L. Foley. L. Bathurst. L. Bingley. L. Carleton. L. Onslow. L. Pawlet Bas. L. Ducie. |
Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
His Majesty's Speech considered.
The Order being read, for taking into Consideration His Majesty's most Gracious Speech from the Throne:
After Debate;
State of the Nation to be considered.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on this Day Sevennight, this House will take into Consideration the State of the Nation; and the Lords to be summoned, with Notice of the Occasion.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Decembris, hora undecima Aurora, Dominis sic decernentibus.
DIE Mercurii, 14o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Commissioners forfeited Estates versus Ogilvies, Respondent's Agent Petition, to put off Hearing:
A Petition of Alexander Hamilton Gentleman, Agent for George and John Ogilvics, Respondents to the Petition and Appeal of the Honourable the Commissioners and Trustees of the forseited Estates, was presented to the House, and read; setting forth, "That the Deeds and Writings in this Cause were, at the End of the last Session of Parliament, delivered up by the Petitioner, to the Respondents Agent, who brought the same from Scotland, and are not yet returned to the Petitioner, without which it is impossible to proceed to a Hearing;" and praying, "In regard the Petitioner expects the same to be transmitted to him in a short Time, that the Hearing the said Cause, which is appointed for this Day, may be enlarged till after the Holydays, or such other Time as may be thought proper."
The House being informed, "The Appellants Counsel were attending:"
They were called in, and heard.
And the Order and Judgement following was made:
Interlocutor reversed, with a Declaration.
Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forseited Estates, brought into this House the Eighteenth of December last, complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, pronounced the One and Thirtieth of October One Thousand Seven Hundred and Nineteen, on the Behalf of George Ogilvie of Lunnan, and Mr. John Ogilvie of Balbagno Advocate; praying the Reversal of the said Decree; as also upon the Answer of the said George and John Ogilvies, put in thereunto: Counsel appeared for the Appellants, and were heard (none attending for the Respondents): And being withdrawn: After due Consideration had of what was offered in this Case, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentence, or Decree, complained of in the said Appeal, be and is hereby, reversed: And it is Declared, That the Respondents are entitled to hold the Lands, in their Exceptions mentioned, of the Crown, in the same Manner as they were holden before the At tainder of the late Earl of Panmuire; and that the Respondents ought to pay the same Feu-duties to the Appellants, for the Use of the Public, that they were obliged and used to pay to the late Earl of Panmuire, before his Attainder."
L. Dunsany & al. versus Plunket.
Whereas there is an Appeal depending in this House, wherein Randal Lord Dunsany in the Kingdom of Ireland, Sir Henry O Neile Baronet, Edward Evers and Elianor his Wife, are Appellants, and Catherine Plunket is Respondent:
And the House being this Day moved, on the Behalf of the said Appellants, "That a Day may be appointed, for hearing thereof:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Causeday after the approaching Holydays.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quintum diem instantis Decembris, hora undecima Auror. Dominis sic decernentibus.
DIE Jovis, 15o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Accounts of prohibited East India Goods, and Naval Stores, delivered.
The House being informed, "That some of the Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, pursuant to Two Acts of Parliament, several Papers.
And withdrew.
The Titles thereof were read, as follow:
"The Report of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal; with the Accounts of prohibited East India Goods, and Naval Stores from Russia, from Michaelmas 1719, to Michaclmas 1720.
"1. An Account of the prohibited East India Goods remaining in the Warehouses at St. Helens, at Michaelmas 1719; what brought in since that Time; what exported; as also what remained at Michaelmas 1720."
"2. An Account of the prohibited East India Goods remaining in the Warehouses at Leadenhall, at Michaelmas 1719; what brought in since that Time; what exported; as also what remained at Michaelmas 1720."
"3. An Account of the prohibited East India Goods remaining in the King's Warehouse, London, at Michaelmas 1719; what brought in since that Time; what exported; as also what remained at Michaelmas 1720."
"4. An Account of the prohibited East India Goods remaining in the respective Warehouses in the Out Ports, at Michaelmas 1719; with what has been brought in since that Time; what exported; and what remained at Michaelmas 1720."
"5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1719, to Michaelmas 1720."
"6. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1719, to Michaelmas 1720."
Coles to enter into Recognizance for the Corporation of Gallway.
The House being moved, "That Benjamin Coles of St. Andrews Holborne Gentleman may be permitted to enter into Recognizance for the Mayor, Sheriffs, Free Burgesses, and Commonalty, of the Town and County of the Town of Gallway, on Account of their Appeal depending in this House, to which Henry Russell Esquire is Respondent; the Appellants residing in Ireland:"
It is Ordered, That the said Benjamin Coles may enter into Recognizance for the said Appellants, as desired.
Maxwell versus Sharp.
Upon reading the Petition and Appeal of Janet Maxwel Lady Cowhill and Charles Maxwel her Husband; complaining of several Interlocutors of the Lords of Session in Scotland, of the Fourteenth of February One Thousand Seven Hundred and Nineteen, the One and Twentieth and Six and Twentieth of July last, made on the Behalf of George Sharp now of Hoddam Advocate; and praying, "That the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Sharp may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Twelfth Day of January next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum sextum diem instantis Decembris, hora decima Auroræ, Dominis sic decernentibus.
DIE Veneris, 16o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Then, in order to the Lords proceeding to the Abbey Church, Westm'r, for the Observation of this Day; being by His Majesty appointed to be observed as a Day of Fasting and Humiliation;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Decembris, hora undecima Auroiæ, Dominis sic decernentibus.
DIE Lunæ, 19o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Commissioners forfeitted Estates versus Sir James Mackenzie, and versus Sir George Stewart; Respondents Petition, to put off Hearings:
A Petition of Alexander Hamilton Gentleman, Agent for Sir James Mackenzie and Sir George Stewart, in relation to the Estate of Borlick, Respondents to Two of the Petitions and Appeals of the Honourable the Commissioners and Trustees of the forfeited Estates, was presented to the House, and read; praying, "In regard the Petitioner has not received the Remittances from Scotland, he expected; and being unable to raise Money, at this Juncture, for defraying the Expences in these Causes; that the Times for hearing the same may be enlarged."
The House being informed, "That, in One of the said Causes, the Appellants Counsel were attending:"
They were called in, and heard.
And the Order and Judgement following was made:
Interlocutory Sentence reversed.
Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forseited Estates, brought into this House the One and Twentieth of December last, complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, pronounced the Twentieth of August 1719, on the Behalf of Sir James Mackenzie of Royston, praying the Reversal of the said Decree; as also upon the Answer of the said Sir James Mackenzie put in thereunto: Counsel appeared for the Appellants, and were heard (none attending for the Respondent). And being withdrawn: After due Consideration had of what was offered in this Case, it is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentence, or Decree, complained of in the said Appeal, be, and is hereby, reversed."
Meade versus Humphieys and Sheriff of Bucks, &c.:
Upon reading the Petition of Robert Meade of Aylesbury in the County of Bucks Gentleman; setting forth, That the Petitioner, about Two Years since, was Under Sheriff to John Throckmorton Esquire, then Sheriff of the said County: That Joan Church Widow brought an Action of Debt, in the Court of Common Pleas, against the said Sheriff, for the Escape of one Merridale, in which Action the Plaintiff obtained a Verdict for the said Debt; whereupon the said Sheriff brought his Writ of Error, returnable in the Court of King's Bench; and, on Judgement affirmed there, brought his Writ of Error, returnable in this present Parliament; and the same being allowed, the Plaintiff's Attorney Richard Humphreys was duly served with a Certificate of the Allowance thereof; notwithstanding which, the Sheriff of the said County, by Virtue of a Fieri facias, sued out on the Petitioner's Recognizance, as One of the Bail on the said Writ of Error, returnable in the Court of King's Bench, hath taken the Petitioner's Goods in Execution; which Proceedings of the said Humphreys, the said Sheriff, and his Officers, the Petitioner is advised, are not only a great Wrong to him, but also the highest Contempt of the Jurisdiction of this House; and praying Relief in the Premises:"
Referred to Committee of Privileges.
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and and is hereby, referred to the Committee of Privileges; to meet on this Day Three Weeks.
Duff versus Gordon.
Upon reading the Petition and Appeal of William Duff of Dipple Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Second of December 1719, and the Affirmance thereof the First of January following, made on the Behalf of George Gordon of Glastirum; and praying, "That the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Gordon may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Monday the Sixteenth Day of January next.
Report from Committee to prevent Disorders in the House, when His Majesty is present.
The Earl of Clarendon reported from the Lords Committees appointed to consider of the great Disorders that have been in this House, especially when His Majesty is present; and of proper Methods to prevent the same for the future: "That the Committee have considered the Matter to them reserred; and, having perused divers Rules and Orders formerly made by this House, to prevent Irregularities therein, think proper to offer to your Lordships the several following Particulars; which, for the greatest Part, have been extracted out of several Orders now on the Books; and, if duly observed, will, as they conceive, effectually prevent the Disorders complained of.
"That, when His Majesty shall come publicly to this House, all the Lords shall be in their Robes, and sit in their due Places.
"That, at all such solemn Times, before His Majesty comes, all the Doors of this House and those leading thereunto shall be kept shut; and no Person whatsoever (except the Lords and Assistants of this House, the Eldest Sons of Peers who have a Right to sit and vote in this House, and the Officers and Attendants thereto belonging) shall be suffered to come within the Doors thereof, other than the Master of the Ceremonies, and such as he shall certify the Lord Great Chamberlain to be Foreign Ministers, or other Foreigners of Distinction; nor shall any Ladies, or Men, be permitted to come into the House, at any of the Doors, unless some Lord doth move the House for such by Name; and that no Person whatsoever do presume to stand upon the Throne, or Steps thereof, but such as carry His Majesty's Train, who shall stand behind the Chair of State, and those that bear the Regalia upon the Second Step of the Throne.
That, on such Days as His Majesty shall come publicly to this House, the Painted Chamber and Lobby leading from it to the House shall, by the Care of the Gentleman Usher of the Black Rod, the Yeoman Usher, and Doorkeepers, be kept clear from Footmen and all other Persons (except such Gentlemen and Servants as attend the Lords with their Robes); and that no Person be covered when any Lord is there; and also that the Knight Marshal's Men appointed to attend this House do take Care to keep the Stairs and Avenues leading thereunto free from Disturbance by Footmen or any other Persons; and further, that the Lord Great Chamberlain, or his Deputy, be desired to take Care and give Charge to the said Gentleman Usher, Yeoman Usher, and Doorkeepers, as also to the said Knight Marshal's Men, respectively, to see this Order (if approved of by this House) duly observed; and that it be printed and published, and affixed on the Doors belonging to this House and Westminster Hall, to the End all Persons may the better take Notice of the same."
Which Report, being read by the Clerk entire, and afterwards Paragraph by Paragraph, was, with an Amendment, in leaving out the Word ["Members"], and inserting the Word ["Lords"], agreed to by the House.
And thereupon the following Order was made:
"Upon Report from the Lords Committees appointed to consider of the great Disorders that have been in this House, especially when His Majesty is present; and of proper Methods to prevent the same for the future: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, when His Majesty shall come publicly to this House, all the Lords shall be in their Robes, and sit in their due Places; that, at all such solemn Times, before His Majesty comes, all the Doors of this House and those leading thereunto shall be kept shut; and no Person whatsoever (except the Lords and Assistants of this House, the Eldest Sons of Peers who have a Right to sit and vote in this House, and the Officers and Attendants thereto belonging) shall be fuffered to come within the Doors thereof, other than the Master of the Ceremonies, and such as he shall certify the Lord Great Chamberlain to be Foreign Ministers, or other Foreigners of Distinction; nor shall any La dies or Men be permitted to come into the House at any of the Doors, unless some Lord doth move the House for such, by Name; and that no Person whatsoever do presume to stand upon the Throne or Steps thereof, but such as carry His Majesty's Train, who shall stand behind the Chair of State, and those that bear the Regalia upon the Second Step of the Throne: That, on such Days as His Majesty shall come publicly to this House, the Painted Chamber and Lobby leading from it to the House shall, by the Care of the Gentleman Usher of the Black Rod, the Yeoman Usher, and Doorkeepers, be kept clear from Footmen and all other Persons (except such Gentlemen and Servants as attend the Lords with their Robes); and that no Person be covered, when any Lord is there: And also, that the Knight Marshal's Men appointed to attend this House do take Care to keep the Stairs and Avenues leading thereunto free from Disturbance by Footmen or any other Persons; and further, that the Lord Great Chamberlain, or his Deputy, be desired to take Care and give Charge to the said Gentleman Usher, Yeoman Usher, and Doorkeepers, as also to the said Knight Marshal's Men, respectively, to see this Order duly observed; and that it be printed and published, and affixed on the Doors belonging to this House and Westminster Hall, to the End all Persons may the better take Notice of the same."
And it being moved, "That the same be made a Standing Order of this House:"
It is Ordered, That, on Thursday next, this House will take the said Motion into Consideration; and the Lords to be summoned.
Stoppages in the Passages to the House, to be prevented.
The Lords following were appointed a Committee, to consider of the Stoppages and Inconveniencies in the Passages and Avenues to this House; and of proper Methods to prevent the same for the future; and to report to the House; (videlicet,)
Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Philips versus Sir John Walter.
Upon reading the Petition and Appeal of John Philips Clerk; complaining of a Decree of the High Court of Chancery, of the Tenth and Eleventh Days of May last, in a Cause wherein the Petitioner was Plaintiff, and Sir John Walter Baronet and Dame Elizabeth his Wife, Robert Walter Esquire, and Nathaniel Sturges; were Defendants; and praying Relief in the Premises:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John Walter and the other Defendants may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the Second Day of January next.
L. Lovat versus Creditors of Mackenzie:
Whereas there is an Appeal depending in this House, wherein Simon Lord Lovat is Appellant, and the Creditors of Alexander Mackenzie, Hugh Frazer, and Patrick Robertson, their Factors, are Respondents:
And the House being this Day moved, on the Behalf of the said Appellant, "That a Day may be appointed, for hearing thereof:"
Hearing appointed.
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Third vacant Day for Causes after the approaching Holydays.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
Die Veneris, 19o Januarii, 1721, hitherto examined by us,
Clarendon.
Warrington.
Hu. Bristol.
De Lawarr.
Ducie.
DIE Martis, 20o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ
PRAYERS.
Report to prevent Stoppages in the Passages to the House.
The Earl of Clarendon reported from the Lords Committees appointed to consider of the Stoppages and Inconveniencies in the Passages and Avenues to this House; and of proper Methods to prevent the same for the future: "That the Committee have considered the Matter to them referred; and think proper to offer it to your Lordships, as One necessary Method to prevent the Stoppages and Inconveniencies complained of, that no Coaches be suffered to stay in The Old Palace Yard, Westminster, from Eleven a Clock in the Forenoon to Four a Clock in the Afternoon, during the Sitting of Parliament; except those that belong to the Lords and Assistants of this House, and the Eldest Sons of such Peers who have a Right to sit and vote in this House."
Which said Report being Twice read by the Clerk;
And a Debate arising thereupon:
It is Ordered, That the said Debate be adjourned to Thursday next.
State of the Nation.
The Order of the Day being read, for taking into Consideration the State of the Nation:
And, after Debate:
It is Ordered, That, on Thursday next, this House shall be put into a Committee of the whole House, to take into Consideration the Causes of the unhappy Turn of Assairs, that has so much affected the Public Credit.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum primum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 21o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Phillips versus Sir John Walter & al.
This Day the Answer of Sir John Walter Baronet and Dame Elizabeth his Wife, Robert Walter Esquire, and Nathaniel Sturges Clerk, Respondents to the Petition and Appeal of John Philips Clerk, was brought in.
Lomax versus Ryder & Ux.
Upon reading the Petition and Appeal of Joshua Lomax Esquire; complaining of an Order of the High Court of Chancery, of the Twentieth of June 1718, in a Cause wherein the Petitioner was Plaintiss, and Richard Ryder the Younger and his Wife were Defendants; and praying, "That the same may be set aside, and a new Trial directed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Ryder and his Wife 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 Wednesday the Fourth Day of January next.
Philips versus Sir John Walter & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Philips Clerk is Appellant, and Sir John Walter Baronet and Dame Elizabeth his Wife, Robert Walter Esquire, and Nathaniel Sturges, are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Fourth vacant Day for Causes after the approaching Holydays.
Accounts relating to the South Sea Company, to be lard before the House.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Managers and Directors appointed by the Commissioners of the Treasury, to take Subscriptions for enlarging the Capital Stock of the South Sea Company, do lay before this House an Account of all such Matters and Things as they have done and performed, or ordered to be done and performed, in relation to the Act in that Behalf.
Also, an Account of all such Orders which they have received from the Commissioners of the Treasury, in relation to the said Act.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sub-Governor, Deputy Governor, and Directors, of the South Sea Company, do lay before this House, an Abstract of what Public Debts and Incumbrances have been subscribed, or discharged, by the South Sea Company, pursuant to any Act or Acts of Parliament in that Behalf, since the Five and Twentieth of December 1719; and in what Manner such Subscriptions were made.
Also, an Accompt of what Monies and Exchequer Bills have been received, by or for the Use of the South Sea Company, since the Five and Twentieth of December 1719; and the respective Uses and Purposes to which the same have been applied.
Also, an Accompt of what Sum or Sums of Money have been taken up, or borrowed, on Account of the South Sea Company, or which they stand engaged for, upon Bills, Bonds, or other Contracts, under their Common Seal, or otherwise, since the Five and Twentieth of December 1719.
Also, a particular Accompt of what Sum or Sums have been lent by the said Directors, upon the Stock of the said Company; to whom, at what Times, and upon what Securities, the same was lent; and how much of the same has been re-paid, by whom, and at what Times.
Also, a particular Accompt of the Sum or Sums lent out by the said Directors, upon Subscriptions taken in by the said Company; to whom, at what Times, and upon what Security, the same was lent; and how much of the said Sums have been re-paid, by whom, and at what Times.
Also, an Account of the Authorities and Powers they had, from the General Court of the said Company, to lend out any Money on the said Stock or Subscriptions.
Also, an Account of all their Proceedings whatsoever, relating to an Act passed the last Session of Parliament, intituled, "An Act for enabling the South Sea Company to increase their present Capital Stock and Fund, by redeeming such Public Debts and Incumbrances as are therein mentioned; and for raising Money, to be applied for lessening several of the Public Debts and Incumbrances; and for calling in the present Exchequer Bills remaining uncanceled; and for making forth new Bills in Lieu thereof, to be circulated and exchanged, upon Demand, at or near the Exchequer."
Also, an Alphabetical List of all the Names of the Subscribers, to the Four Money Subscriptions and an Accompt of the Sums severally by them subscribed; what Money has been paid thereupon, and what remains unpaid, and by whom.
Also, an Accompt of all Quantities of Stock, which have been bought by the Directors for the Use of the Company; the particular Days on which each such Quantity of Stock was bought, of whom, and at what Price; and what Brokers bought, sold, or transacted, the same.
And also, an Accompt of what Stock has been made out pursuant to their Agreements with any of the Subscribers, and at what Time.
E. of Castleton introduced:
This Day James Lord Viscount Castleton, being, by Letters Patents, dat. 18o Die Junii, Anno Sexto Georgii Regis, created Earl Castleton of Sandbeck in the County of York, was, in his Robes, introduced, between the Earl of Westmorland and the Earl of Holdernesse (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Lord Willoughby of Eresby (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.
His Lordship's Writ of Summons was also read, as follows:
His Writ of Summons.
Georgius, Dei Gratia, Magn. Britannia, Franc. et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consangumeo Nostro Jacobo Comiti Castleron, de Sandbeck, Salatem. Cum nuper, de Aviramento et Assensu Concuii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Desensionem Regni Nostri Magn. Britanniæ et Ecclesiæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, inchoari et teneri ordinaverimus, et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostii, Colloquium habere et Tractatum; quod quidem Parhamentum Nostrum ibidem tune tentum fuit; et abinde, per separal. Adjournamenta et Prorogationes, usque ad et in Vicesimum Octavum Diem Julu jam prox. sequen. prorogatum est, apud Civitatem Nostram præd, ibidem tunc tenend. et prosequend.; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, super dictis Negotris tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Desensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
Testibus Gulielmo Archiepiscopo Cantuar. et cæteris Custodibus et Justiciariis Regni, apud Westm. Decimo Octavo Die Junii, Anno Regni Nostri Sexto.
"Wrighte."
Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Earls Bench.
Commissioners forsetted Estives versus Sir George Stewait:
After hearing Counsel, upon the amended Petition and Appeal of the Commissioners and Frustees of the forfeited Estates, complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the One and Thirtieth of October 1719, made on the Behalf of John Stewart of Grantully, deceased, whereby the Lands of Borlick and Mill thereof were decreed to belong to him; and praying, "That the same may be reversed:" As also upon the Answer of Sir George Stewart of Balcasky Baroner, Heir of the said John Stewart, put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:
Decree is versed.
The Question was put, "Whether the said Decree shall be reversed?"
It was Resolved in the Affirmative.
Thanks to Bishop of Bustol, for his Sermon.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the excellent Sermon by him preached before this House on Friday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.
Sir Edward Lerghton versus William Leighton.
Upon reading the Petition and Appeal of Sir Edward Leighton Baronet; complaining of a Decree of the High Court of Chancery, of the Twelsth of November last, in a Cause wherein William Leighton Esquire and Dorothy his Wife, John Jones, William Jones, and John Braine were Plaintisss, and the Petitioner Defendant; 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 William Leighton and the other Plaintiffs 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 Fourth Day of January next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service, in order thereunto.
Bridgen to enter into Recognizance for Bradborne.
The House being moved, "That Thomas Bridgen of Simmond's Inn Gentleman may be permitted to enter into Recognizance for John Bradborne Gentleman, on Account of his Appeal depending in this House, to which William Woodcock is Respondent; the Appellant residing at a great Distance from London:"
It is Ordered, That the said Thomas Bridgen may enter into Recognizance for the said Appellant, as desired.
Committee to inspect the Laws touching the Plague.
The Lords following were appointed a Committee, to inspect and consider of the Laws now in Force, with relation to the Plague; and of proper Methods to prevent the spreading the Infection of that Distemper; and to report to the House; (videlicet,)
Their Lordships, or any Five of them; to meet on Friday next, at Ten a 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 et in diem Jovis, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 22o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Georgius Princeps Walliæ.
PRAYERS.
Robethons Nat. Bill.
A Message from the House of Commons, by the Lord William Pawlet and others:
With a Bill, intituled, "An Act for naturalizing John Robethon and George Robethon his Son;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Chamberlain versus White.
Upon reading the Petition and Appeal of Christopher Chamberlain Esquire; complaining of an Order and Decree of the Court of Chancery in Ireland, of the One and Thirtieth of May last, and all Proceedings thereupon, in a Cause wherein Mary White was Plaintiff, and the Petitioner Desendant; and praying, "That the same may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary White 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 Thursday the Six and Twentieth Day of January next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service, in order thereunto.
Commissioners and List of Managers and Directors of S. Sea Company, to be lard before the House.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Managers and Directors appointed by the Commissioners of the Treasury, purfuant to the Act, intituled, "An Act for enabling the South Sea Company to increase their present Capital Stock and Fund, by redeeming such Public Debts and Incumbrances as are therein mentioned; and for raising Money, to be applied for lessening several of the Public Debts and Incumbrances; and for calling in the present Exchequer Bills remaining uncanceled; and for making forth new Bills in Lieu thereof, to be circulated and exchanged, upon Demand, at or near the Exchequer," do forth with lay before this House a true Copy of the Writing, or Writings, by which they are constituted Managers and Directors.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, do forthwith lay before this House a true List of the Names of the Directors of the said Company.
Also, the original Lists, or true Copies of all Lists, of Subscriptions, delivered or sent down to the said Company, their Directors, or any their Officers, when, and by whom.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That His Majesty will be graciously pleased to order the proper Officers to lay before this House, Copies of the several Commissions for establishing or increasing the Capital Stock of the South Sea Company, so far as the same related to the taking of any Subscriptions, or doing any other Matters or Things for ascertaining the said Stock."
Ordered, That the before-mentioned Address be presented to His Majesty by the Lords with White Staves.
Order to prevent Disorders in the House when His Majesty is present, declared a Standing Order.
The House (according to Order) took into Consideration the Motion made on Monday last, for making the Order then agreed to, for preventing Disorders in the House, especially when His Majesty is present, a Standing Order.
And the said Order, being read Twice, was, with this Addition; (videlicet,) "That it be affixed on the Doors belonging to this House and Westminster Hall, the First Day of every Session of Parliament," declared to be a Standing Order of this House, and ordered to be entered on the Roll.
Stoppages in the Passages to the House, to be prevented.
The other Order of the Day, for resuming the adjourned Debate, upon the Report from the Lords Committees appointed to consider of the Stoppages and Inconveniencies in the Passages and Avenues to this House, and of proper Methods to prevent the same for the suture, being read:
It is Ordered, That the said Debate be further adjourned to Monday Three Weeks.
Causes of the Decay of Public Credit to be considered.
Then, the remaining Order of the Day, for the House to be in a Committee, to take into Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit, being read:
It is Ordered, That the House be put into the said Committee on the Day next after the Day to which the House shall be adjourned after the Holydays.
Tuston versus Wentworth & al.
Upon reading the Petition and Appeal of the Honourable Sackville Tufton Esquire; complaining of a Decree of the High Court of Chancery, of the First of July last, in a Cause wherein John Wentworth, alias Creswell, Esquire, Thomas Carlwright Esquire, Elizabeth Phipps Widow, Grace Phipps Widow, William Gibberd, Edward Gibberd, Richard Mathews, Hugh Elmes, William Lapworth, John Evans, and Edward Tooley, were Plaintiffs, and the Petitioner Defendant; and praying, That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Wentworth, alias Creswell, and the other Plaintiffs, 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 Fifth Day of January next.
Sir J. Osborne versus Usher & al.
Upon reading the Petition and Appeal of Sir John Osborne Baronet, Heir of Nicholas Osborne Junior, Father of Sir Nicholas Osborne deceased, and only Heir Male now living of Sir Richard Osborne; complaining of several Orders of the Court of Chancery in Ireland, and particularly of one of the Three and Twentieth of May, and another of the Fourth of July, 1718, in a Cause there depending, wherein the said Sir Nicholas Osborne was Plaintiff, and Beverly Usher, John Pomeroy, John Odell, James Usher and Jane his Wife, Edward Hubbart and Isabella his Wife, and John Keane, were Defendants; 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 Beverly Usher and the other Desendants 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 Six and Twentieth Day of January next, and that Service of this Order on the Respondents Six Clerks in the said Court of Chancery be deemed good Service, in order thereunto.
Abercrombie to enter into Recognizance for Duff.
The House being moved, "That Alexander Abercrombie Esquire may be permitted to enter into Recognizance for William Duff Esquire, on account of his Appeal depending in this House, to which George Gordon is Respondent; the Appellant residing in Scotland:"
It is Ordered, That the said Alexander Abercrombie may enter into Recognizance for the said Appellant, as desired.
Causes put off.
Whereas To-morrow is appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and Patrick Farquharson is Respondent:
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Ninth Day of January next; and that the other Causes be removed one Cause-day in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, nonum diem Januarii jam proxim sequent hora undecima Auror. Dominis sic decernentibus.
Die Martis, 23o Januarii, 1721, hitherto examined by us,
Lincoln.
Clarendon.
Hu. Bristol.
De Lawarr.
Ducie.