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

January 1721, 11-20

DIE Jovis, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Chevers versus Geoohegan & al.;

Whereas, by Order of this House of the First of June last, the Cause wherein Andrew Chevers and others are Appellants, and Terence Geoghegan and John Rogerson Esquire are Respondents, was appointed to be heard the First vacant Day in the then next Session of Parliament, after the Causes then appointed:

And the House being this Day moved, "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 Friday the Third Day of February next.

Roe versus Roe & Tod.

Upon reading the Petition and Appeal of William Roc Merchant Traveller; complaining of Part of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Fifteenth of January 1717; and of Two Interlocutory Sentences, or Decrees, of the said Lords, of the Four and Twentieth of July 1718, and Five and Twentieth of February following, made on the Behalf of Janet Roe, alias Wright, and Mr. William Tod now her Husband; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Janet Roe, alias Wright, and William Tod, 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 Thursday the Ninth Day of February next.

Rochfort versus Creswick et Ux & è contra.

Upon reading the Petition and Appeal of Robert Rochfort Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the Tenth of November last, in certain Causes, wherein Francis Creswicke Esquire was Plaintiff, and the Petitioner Defendant; and wherein the said Francis Creswicke and Mary his Wife were Plaintiffs, and the Petitioner Defendant, et 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 Francis Creswicke and Mary 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 Thursday the Sixteenth Day of February next; and that Service of this Order on the Respondents Six Clerk in the said Court of Chancery be deemed good Service.

State of Public Credit.

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit, being read:

Papers from S. Sea Company delivered.

The House being informed, "That the Sub-Governor and Deputy Governor of the South Sea Company attended:"

They were called in; and delivered, at the Bar, Two Papers, pursuant to their Lordships Orders of the Ninth and Tenth Instant; and acquainted the House, "That the remaining Accompts were preparing, with the utmost Expedition, to be laid before their Lordships."

And then they withdrew.

And the Titles of the said Papers were read, as follow:

1. An Account of what Directions, in Writing, the Managers and Directors appointed by the Commissioners of the Treasury have at any Time received from the said Commissioners, relating to the Execution of an Act of 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, &c."

2. A true Copy of all the By-laws of the South Sea Company."

Papers referred to Committee:

Ordered, That the said Papers be referred to the said Committee of the whole House.

Directors, &c. sworn:

Then the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, as also their Treasurer, Under Treasurer, and Secretary, ordered this Day to attend, were called in, and sworn at the Bar, in order to their giving Evidence before the said Committee of the whole House.

And withdrew.

Mr. Grigsby's Indisposition attested.

The House was informed, "That Mr. Grigsby, the Accomptant General, was so ill, as not to be able to attend."

Dr. Dover, his Physician, was called in, and examined upon Oath, in relation to that Matter.

And attesting, "The said Grigsby was so afflicted with the Gout, as not to be in a Condition to attend without Danger of his Life:"

He withdrew.

Then the Sub-governor, Deputy Governor, and Treasurer, of the South Sea Company, were called in; and examined, at the Bar, why the Order of this House, of the Two and Twentieth of December last, requiring 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, to be laid before this House, was not complied with.

And thereupon the said Treasurer acquainting the House, "That he believed the same would be ready to be laid before their Lordships in a Day or Two:"

They withdrew.

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

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

And the Earl of Clarendon reported from the said Committee, "That they had considered the Return from the Directors of the South Sea Company, of all their Proceedings whatsoever, relating to the Act for enlarging the Capital Stock of the said Company, referred to the said Committee; and examined the said Directors in relation thereunto; and had agreed upon a Report, which they had directed him to make, when the House will please to receive the same." And his Lordship further acquainted the House, "That he was directed by the Committee to move, that they may have Leave to sit again."

Ordered, That the said Report be now received.

His Lordship accordingly reported as follows; (videlicet,)

The Directors reprimanded, and ordered to lay then Minute Books &c. before the House.

That this Committee, in proceeding on the Matter to them referred, observing, that the Directors of the South Sea Company, in the Return they made to the Order of this House, requiring them to lay all their Proceedings whatsoever before their Lordships, relating to the Act for enlarging the Capital Stock of the said Company, have prevaricated, by confining their said Return to the Proceedings of the General Court and Court of Directors, and even representing them imperfectly; conceive the said Order has not been complied with; and therefore are of Opinion, the said Directors be reprimanded for the same; and that the House be moved, to order, that the said Directors do forthwith lay before the House the Original Minute Books of all the respective Committees appointed by them, or true Copies of the same."

Which Report, being read by the Clerk, was agreed to by the House; and the following Order was made:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Directors of the South Sea Company do forthwith lay before this House, the Original Minute Books of all the respective Committees appointed by them, or true Copies of the same, and true Copies of the several Preambles mentioned in the Return above-mentioned."

Then the Sub-governor, Deputy Governor, and Directors, being called in; and, at the Bar, reprimanded by the Lord Chancellor, pursuant to the Direction of the House; were admonished to take Care for the suture, that the Accompts, or Copies, required by the House, should be prepared with all possible Exactness.

And then they were directed to withdraw.

And being accordingly withdrawn:

Ordered, That, on Monday next, this House shall be put into a Committee of the whole House, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit; and that all the Directors of the South Sea Company, not Members of the House of Commons, together with the Treasurer, Under Treasurer, Accomptant General, and Secretary, of the said Company, do then attend.

Adjourn.

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

DIE Veneris, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Corporation of Coventry versus Attorney General et al.

This Day the Answer of Sir Robert Raymond Knight, His Majesty's Attorney General, and others, Respondents to the Petition and Appeal of the Mayor, Bailiffs, and Commonalty, of the City of Coventry, was brought in.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error; wherein,

Thornby versus Fleetwood et al. in Error.

John Thornby Esquire is Plaintiff, and Thomas Fleetwood and others are Defendants:

And wherein,

Throckmorton versus Church, in Error.

John Throckmorton Esquire is Plaintiff, and Joan Church Widow Defendant.

Commissioners forfeited Estates versus Donald Mackenzie:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Third of September One Thousand Seven Hundred and Nineteen, made on the Behalf of Donald Mackenzie of Kilkowie; and praying, "That the same may be reversed:" As also upon the Answer of the said Donald Mackenzie put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

Falconer versus Dame Elizabeth Falconer et al.

Upon reading the Petition and Appeal of David Falconer of Newton Esquire; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Seventh and Three and Twentieth Days of December last, made on the Behalf of Dame Elizabeth Falconer Relict of Sir Charles Ramsay late of Balmain, Sir Alexander Ramsay now of Balmain, Mr. David Archer Minister of the Gospel at Lawrence Kirk, and Mr. Robert Mortimer School-master there; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Elizabeth Falconer, Sir Alexander Ramsay, David Archer, and Robert Mortimer, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Tenth Day of February next; and that Service of this Order on the Respondent's Attorney, or Writer, in the Court of Session in Scotland, be deemed good Service, in order thereunto.

Gordon versus Duff.

Upon reading the Petition and Appeal of George Gordon of Glastirum Esquire; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Thirteenth and Five and Twentieth of February and Ninth of June last, made on the Behalf of William Duff of Dipple Esquire; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Duff 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 Friday the Tenth Day of February next.

Adjourn.

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

DIE Lunæ, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Causes put off.

Whereas this Day was appointed, for hearing the Cause wherein the Commissioners and Trustees of the forfeited Estates are Appellants, and John Hogge is Respondent:

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

State of Public Credit.

The Order of the Day, for the House to be in a Committee, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit, being read:

Books and Papers from the South Sea Company delivered.

The House was informed, "That the Sub-governor and Deputy Governor of the South Sea Company attended."

They were called in; and delivered, at the Bar, several Books and Papers, with a Schedule of them, and a Return of the Directors relating thereunto; and acquainted the House, "That there was remaining unprepared, 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 desired further Time to prepare the same. And further acquainted the House, "That they were this Morning served with an Order of the Committee of the House of Commons, requiring the Attendance of such of the Directors of the South Sea Company as were not Members, with all their Books and Papers, at The South Sea House, To-morrow;" and prayed the Direction of the House therein.

And then they withdrew.

The said Schedule and Return were read, as follow; (videlicet,)

In Obedience to your Lordships Order of the Twelfth Instant, the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, now bring before your Lordships true Copies of the Original Minute Books of all the respective Committees, appointed by the Court of Directors, commencing from the 25th Day of December 1719; which they humbly conceive to be the Intention of your Lordships Order. But, lest they may have misapprehended your Lordships, they have also brought up the Original Minutes of the said Committees, from the Time of the Election of the present Court of Directors, which was in February 1717/18; except the Original Minute Book of the Committee of Treasury, which was laid before the Honourable House of Commons before your Lordships said Order: And the said Directors are ready to deliver in the said Original Books, if your Lordships are so pleased; there not having been Time sufficient for making Copies of the entire Books since your Lordships said Order. And, to supply the Deficiency in their Return to your Lordships Order of the 21th December 1720, they likewise lay before your Lordships the Original Minute Book of the Court of Directors, commencing from the 29th July 1719; and also the Minute Book of the General Court, commencing from the Beginning of the said Company; and also the Original Minute Book of the Managers and Directors appointed to take Subscriptions, pursuant to an Act of the last Session of Parliament, to take Subscriptions for increasing the Capital Stock of the South Sea Company; the Particulars of all which Original Books and Copies are as follow:

"One Book, containing the Original Minutes of the Committee of buying; commencing from 26 October 1717, and ending 18 October 1720; since which nothing has been done.

"Copy of the said Minutes, from 25 December 1719.

"The Original Minutes of the Committee of Accompts, contained in Two Books; the one, commencing 14 February 1717, and ending 23 December 1719; the other, commencing 5th January 1719, and ending 10 January 1720.

"Copy of the said Minutes, from 25 December 1719.

"One Book, containing the Original Minutes of the Committee of Correspondence; commencing 2 January 1717, and ending 19 July 1720; since which nothing has been done by the said Committee.

"Copy of the said Minutes, from 25 December 1719.

The Original Minutes of the Committee of Shipping, contained in Two Books; one, commencing 21 March 1716, and ending 7 October 1718; and the other, commencing the 8 October 1718, and ending 10 January 1720.

"Copy of the said Minutes, from 25 December 1719.

"One Book, containing the Original Minutes of the Committee appointed to take Care of the Company's Loans on Stock and Subscriptions; commencing 18 October 1720, and ending 7 January 1720.

"Copy of the said Minutes.

"One Book, containing the Original Minutes of several Committees, appointed upon several Occasions by the Court the 8 April 1715, and ending 29 September 1720.

"Copy of the said Minutes, from 25 December 1719.

"One Book, containing the Original Minutes of the Committee, appointed to treat with the Bank; commencing 15 September 1720, and ending 10 November 1720.

"Copy of the said Minutes.

"Copy of the Minutes of the Committee of Treasury, from 25 December 1719.

"The Original Minutes of the Court of Directors, contained in Two Books; the one, commencing the 29 July 1719, and ending the 30 September 1720; the other, commencing the 6 October 1720, and ending the 2 January 1720.

"The Original Minute Book of the General Court, from the Beginning of the Company to this Time.

"Copy of the said Minutes, from the 27 January 1719, to the 2 January 1720.

"The Minute Book of the Managers and Directors appointed to take Subscriptions for increasing the Capital Stock of the Company; commencing the 12th May 1720, and ending 9 January 1720.

"The said Court of Directors do likewise return to your Lordships, in Obedience to your Lordships Orders;

"Copies of the Preambles to the Four Money Subscriptions.

"An Alphabetical List of what remains unpaid, and by whom, on the 3d Money Subscription."

Ordered, That all the Original Books and Papers, brought in by the Sub-governor and Deputy Governor of the South Sea Company, and now before this House, of which there are no Copies before the House of Commons, be forthwith returned.

Then they were called in again.

And the said Original Books and Papers were returned accordingly.

And the Lord Chancellor directed them to proceed with all possible Dispatch, in completing the Copies of the several Books and Papers, not yet laid before the House.

And being examined, as to the Accompt of Stock bought by the Directors for the Use of the said Company; they acquainted the House, "The same would be ready to be laid before their Lordships by Thursday next."

And the Sub-governor acquainting the House, "That the Alphabetical List of what remains unpaid, and by whom, on the Third Money Subscription, was not so exact as it might be; and desiring that it might be returned, in order to be made more perfect:"

The same was returned accordingly.

And they withdrew.

Ordered, That the Books and Papers this Day brought in be referred to the said Committee of the whole House.

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

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

And the Earl of Clarendon reported from the said Committee, "That they had come to a Resolution; which they had directed him to report, when the House will please to receive the same." And his Lordship further acquainted the House, "That he was directed by the Committee, to move, that they may have Leave to sit again."

Ordered, That the Report be now received.

His Lordship accordingly reported the said Resolution; (videlicet,)

Bill to incapacitate the Directors, &c. of the South Sea Company.

That it is the Opinion of this Committee, That the House be moved, That Leave be given to bring in a Bill, to incapacitate the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, from holding or exercising any Office longer than to the Time of the next Election of Directors of the said Company; and that Provision be made in such Bill, to incapacitate the said Sub-governor, Deputy Governor, and Directors, from bearing any Office in the East India Company, or the Bank of England."

Then the said Resolution, being read by the Clerk, was agreed to by the House.

And his Lordship moving accordingly; the following Orders were made:

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do forthwith prepare, and bring in, a Bill, to incapacitate the Subgovernor, Deputy Governor, and Directors, of the South Sea Company, from holding or exercising any Office longer than to the Time of the next Election of Directors of the said Company; and that Provision be made in such Bill, to incapacitate the said Sub-gover nor, Deputy Governor, and Directors, from bearing any Office in the East India Company, or the Bank of England."

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

Directors, &c. to attend; and Papers to be laid before the House.

"Ordered, That all the Directors of the South Sea Company, not Members of the House of Commons, together with the Treasurer, Under Treasurer, Accomptant General, Secretary, John Webster and John Powell Clerks of the Treasury of the said Company; as also Charles Lockyer Accomptant, Mathew Wymondesold, Joseph Shaw, Samuel Strode, James Testard, Edward Owen, Elias Paz, David La Cour the Father and Samuel La Cour the Son, Brokers, do attend this House on Thursday next; and that they do bring all Books and Memorandums made by them, any Way relating to the Stock or Subscriptions in the said Company."

Then the Deputy Governor and Treasurer were called in.

And the latter was asked, "Why the Order of the Two and Twentieth of December last, requiring the Original Lists, or true Copies of all Lists of Subscriptions, delivered or sent down to the Company, their Directors, or any their Officers, when, and by whom, was not yet complied with?" And answering, "It was understood they were to be put into Alphabetical Order:"

The House gave Direction, that the Original Lists delivered or sent down to the Company, as also the Original Lists of the Directors, should be forthwith laid before this House.

And the Deputy Governor desiring to know, "Whether the Copies of the Minute Books should go so far back as the Erection of the said Company:"

It was intimated to him, "The said Books need not be transcribed any farther back, than the 25th of December 1719."

And being withdrawn:

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum octavum diem instantis Januarii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report from Commissioners of forfeited Estates in Scotland delivered.

The House being informed, "That Mr. Wolfe attended, from the Commissioners and Trustees of the forfeited Estates who acted in Scotland:"

He was called in; and delivered, at the Bar, a further Report, humbly offered by the Commissioners and Trustees of the forfeited Estates who acted in Scotland, appointed by Two several Acts of Parliament; the one, made in the First Year of His Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors, and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" and the other, made in the Fourth Year of His Majesty's Reign, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees, to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold."

Then he withdrew.

And the Title of the said Report was read.

Lord Craven takes his Seat.

This Day William Lord Craven sat first in Parliament, after the Death of his Father William late Lord Craven; 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.

Commissioners forfeited Estates versus Hog:

After hearing Counsel, upon the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Fifteenth of September 1719, made on the Behalf of John Hog Merchant in Edinburgh; and praying, "That the same may be reversed:" As also upon the Answer of the said John Hog put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Decree affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

Directors South Sea Company, to incapacitate, Bill.

The Judges (according to Order) delivered in a Bill, prepared by them, intituled, "An Act to disable the Sub-governor, Deputy Governor, and Directors of the South Sea Company, at, from, and after, the Time for electing new Directors of the said Company, to take, hold, or enjoy, any Office, Place, or Employment, in the Company, or in the East India Company, or Bank of England."

Mead to enter into Recognizance for Chamberlain.

The House being moved, "That Bradock Mead Gentleman may be permitted to enter into a Recognizance for Christopher Chamberlain Esquire, on account of his Appeal depending in this House, to which Mary White is Respondent; the Appellant residing in Ireland:"

It is Ordered, That the said Bradock Mead may enter into Recognizance for the said Appellant, as desired.

Collier to enter into Recognizance for Rochfort.

The like Order for Jabez Collier of Simonds Inn Gentleman, to enter into a Recognizance for Robert Rochfort Esquire, on Account of his Appeal, to which Francis Creswick and his Wife are Respondents, for a Reason of the same Nature.

Sir Patrick Strahan to enter into Recognizance for Gordon.

And the like Order for Sir Patrick Strahan, to enter into a Recognizance for George Gordon Esquire, on Account of his Appeal depending in this House, to which William Duff Esquire is Respondent; the Appellant residing in Scotland.

Adjourn.

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

DIE Jovis, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Eyre versus Daly.

This Day the Answer of Laughlin Daly Esquire, Respondent to the Petition and Appeal of John Eyre Esquire, was brought in.

Paterson versus Commissioners forfeited Estates.

Upon reading the Petition and Appeal of John Paterson Esquire; complaining of a Decree of Dismission of the Commissioners and Trustees of the forfeited Estates, and an Affirmance thereof by the Lords Delegates in Scotland, the Twentieth of December last, made on the Behalf of the said Commissioners and Trustees; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Commissioners and Trustees of the forfeited Estates may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Thursday the Sixteenth Day of February next; and that Service of this Order on Mr. John Wolfe, the Respondents Solicitor, be deemed good Service, in order thereunto.

Sir Edward Leighton versus Leighton et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir Edward Leighton Baronet is Appellant, and William Leighton Esquire and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Eighth Day of February next.

Directors South Sea Company, to incapacitate, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to disable the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, at, from, and after, the Time for electing new Directors of the said Company, to take, hold, or enjoy, any Office, Place, or Employment, in the Company, or in the East India Company, or Bank of England."

Ordered, in regard the Time of the next Election of Directors of the South Sea Company is near at Hand, That the said Bill be now further proceeded in.

Then the said Bill was read a Second Time.

And Ordered, To be committed to a Committee of the whole House, presently.

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

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

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

Ordered, That the Report be now received.

His Lordship accordingly reported the Amendments made by the said Committee.

Which, being read Twice by the Clerk, were agreed to by the House.

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

Corporation of Coventry versus Attorney General et al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Mayor, Bailiffs, and Commonalty, of the City of Coventry, are Appellants, and Sir Robert Raymond Knight, His Majesty's Attorney General, and others, are Respondents:"

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

Books and Accompts from South Sea Company delivered.

The House being informed, "That the Sub-governor and Deputy Governor of the South Sea Company attended:"

They were called in; and delivered, at the Bar, several Books and Accompts, pursuant to their Lordships Orders of the One and Twentieth of December and Twelfth of January Instant, with a Schedule of them.

The said Schedule was read, as follows; (videlicet,)

"1. An Accompt of all Quantities of Stock, which have been bought for the Use of the South Sea Company, and the Prices and Times of buying the same.

"2. A Supplement to the Accompt (presented the 9th of January 1720) of what Sum and Sums of Money have been lent out upon the Stock of the South Sea Company, to whom; at what Times, and upon what Security, the same was lent; and how much of the same has been re-paid, by whom, and at what Times.

"3. One Book, containing Copies of the Minutes of the Court of Directors of the South Sea Company, from the 25th of December 1719, to the 21th of December 1720.

"4. One Book, containing Copies of the Minutes of the Managers and Directors appointed to take Subscriptions for increasing the Capital Stock of the South Sea Company; commencing the 12th of May 1720, and ending the 9th of January 1720."

Sub-governor, Deputy Governor, and Officers, examined.

Then, the Sub-governor being asked, "Why the Order of this House, of the 21th of December last, requiring the List of what remains unpaid, and by whom, on the Third Subscription, was not yet complied with?" He acquainted the House, "That that List, as also the Original Lists of Subscriptions, delivered or sent down to the Company, were before the Committee of the House of Commons; and that the Clerks had not as yet Time to copy them."

After which, the said Sub-governor and Deputy Governor were asked, as to their Knowledge of any Stock taken in by the said Company, for any private or particular Persons, or in Trust for such Persons, other than what is mentioned in the Book of Loans.

And they thereupon declaring their Ignorance in relation to such Transactions, were directed to withdraw.

Then Mr. Knight, Treasurer of the said Company, was called in, and examined touching that Matter.

And withdrew.

Also Mr. Surman, the Under Treasurer, was called in, and examined in relation to the same Matter.

And withdrew.

Ordered, That the Papers aforementioned, delivered in this Day, be referred to the Committee of the whole House, appointed to take into Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Ordered, That the Sub-governor, Deputy Governor, and Directors, of the South Sea Company, do forthwith lay before this House, an Accompt of what Stock has been taken in by the said Company for any private Persons, and whom, and at what Time; and when sold out, and at what Price, and at what Time; and at what Time the Price of the Stock so taken in was repaid to the Company.

Also an Accompt of what Stock has been sold by the Company, to, and by whom, at what Price, and at what Time.

State of Public Credit considered.

The Order of the Day, for the House to be in a Committee, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit, being read:

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

The House was resumed.

Then John Webster and John Powell, Clerks of the Treasury of the South Sea Company, Charles Lockyer Accomptant, and the several Brokers ordered to attend, were called in, and sworn at the Bar, in order to their giving Evidence before the said Committee of the whole House.

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

After some Time spent therein, the House was resumed.

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

Ordered, That, on Saturday next, this House shall be put into a Committee of the whole House, to take into further Consideration the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Ordered, That all the Directors of the South Sea Company, not Members of the House of Commons, together with the Secretary, Treasurer, Under Treasurer, Accomptant General, and John Webster, John Powell, Clerks of the Treasury of the said Company, as also Charles Lockyer Accomptant, Mathew Wymondesold, Joseph Shaw, Samuel Strode, James Testard, Edward Owen, Elias Paz, David La Cour the Father, Samuel La Cour the Son, and Henry Bingfield, Brokers, do attend this House on Saturday next, with Extracts out of all their Books, or those of their Servants, relating to any their Transactions, for any Directors, Officers, Agents, or Servants, of the South Sea Company, or for the Company, or in Trust for them or any of them, relating to Stock or Subscriptions, from November 1719.

Adjourn.

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

DIE Veneris, 20 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

De Grey et al. Petition referred to Judges.

Upon reading the Petition of Thomas De Grey of Merton in the County of Norfolk Esquire and Elizabeth his Wife, on Behalf of themselves, and of Thomas, William, Elizabeth, and Catherine De Grey, their Children, Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, to discharge the Manor of Caxton, and several other Parts of the Petitioners Estate, from the Uses, Estates, and Limitations, in their Marriage Settlement; and for settling the Manor of Cobdock, and Lands in Merton and Watton, to the same Uses, in Lieu thereof:

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 Conse quences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Mr. Mead's Report to be received.

The House being informed, "That the Committee of Privileges, to whom the Petition of Robert Mead of Aylesbury in the County of Bucks Gentleman, complaining of a Breach of Privilege, was referred, had considered of the said Petition, and agreed upon a Report; which he was directed to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Directors South Sea Company to mcapacitate Bill:

Hodie 3 ^a vice lecta est Billa, intituled, "An Act to disable the present Sub-governor, Deputy Governor, and Directors, of the South Sea Company, at, from, and after, the respective Times for electing a Sub-governor, Deputy Governor, and new Directors, of the said Company, to take, hold, or enjoy, any Office, Place, or Employment, in the said Company, or in the East India Company, or Bank of England; and from voting upon Elections in the said Companies."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Directors South Sea Company et al. to restrain from leaving the Kingdom, Bill.

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

With a Bill, intituled, "An Act for restraining the Sub-governor, Deputy Governor, Directors, Treasurer or Cashier, Deputy Cashier, and Accomptant of the South Sea Company, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Essects; and for preventing the transporting or alienating the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

And Ordered, To be read a Second Time To-morrow.

Commissioners forfeited Estates versus Sir George Stewart.

After hearing Counsel, upon the amended Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Sixteenth of September One Thousand Seven Hundred and Nineteen, made on the Behalf of John Stewart of Grantully, deceased, whereby the Lands of Gaskinhall and others, in the Parish of Kilpindy and Sheriffdom of Perth, 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 Baronet, 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 affirmed.

It is Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutory Sentence, or Decree, therein complained of, be, and is hereby, affirmed.

Thornby versus Fleetwood et al.

The House was informed, "That though John Thornby Esquire, Plaintiff in a Writ of Error brought into this House on Friday last, did, immediately upon bringing in the said Writ, assign Errors thereupon; yet Thomas Fleetwood Esquire and others, Defendants, have not as yet joined Issue in the Cause.

And the House being this Day moved, "That the said Defendants may be required to join Issue in a short Time:"

Defendants to join Issue.

It is thereupon Ordered, That the said Defendants be, and are hereby, required to join Issue accordingly, within Four Days.

Adjourn.

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