House of Lords Journal Volume 21: March 1721, 21-30

March 1721, 21-30

DIE Mercurii, 22^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gordon versus Duff.

The Answer of William Duff of Dipple Esquire, Respondent to the Petition and Appeal of George Gordon of Glastirum Esquire:

Roe versus Todd.

Also, the joint and several Answer of Janet Tod, Widow and Administratrix of Richard Roe deceased, and Mr. William Tod Minister at Butle, the said Janet's present Husband, Respondents to the Petition and Appeal of William Roe Merchant Traveller; were brought in the One and Twentieth Instant.

D of Rutland takes his Seat.

This Day John Duke of Rutland sat first in Parliament, upon the Death of his Father John Duke of Rutland; 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.

Ld. Dudley and Ward versus Earl and Countess of Meath et al.

The House being moved, "That a Committee be appointed, for the like Purposes as was on the Seventh Day of May last, upon the Petition of Edward Lord Dudley and Ward, an Insant, by his Guardian the Lady Diana Fielding, then presented to this House:"

The Lords following were accordingly appointed a Committee, to consider of the said Petition, and examine what Proceedings have been had in the Cause between the Petitioner's Father and the Earl and Countess of Meath in this House; and to state the several Proceedings, and what has been done thereupon; and to report their Opinion to the House; (videlicet,)

Their Lordships, or any Five of them; to meet on Friday the One and Thirtieth Day of this Instant March, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Daws versus Frost, in Error.

Whereas this Day was appointed, for hearing the Errors argued, upon the Writ of Error brought into this House the One and Thirtieth Day of January last, wherein Abraham Dawes is Plaintiff, and Edward Frost is Defendant, in order to reverse a Judgement given in the Court of Exchequer; and also a Judgement given in the Exchequer Chamber for the Defendant in Error:

Counsel appearing for the Defendant, but no Counsel for the Plaintiff in Error, who made Default:

Judgement affirmed, with Costs.

It is therefore Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of Exchequer, and the said Judgement given in the Exchequer Chamber, be, and are hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of One Hundred Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:

Postea, scilicet, Die Martis, Tricesimo Primo Die Januarii, Anno Regni Domini Georgu nunc Regis Magnæ Britanniæ, &c. Septimo, Transcript. Record. et Process. præd. inter præfat. Ed'r'um Frost et prædictum Abraham. Dawes, cum omnibus ea tangen. Prætextu cujusdam Brevis dicti Domini Regis nunc, de Error. corrigend. per præd. Abraham. Dawes in Præmiss. prosecut. dicto Domino Regi in præsenti Parliamento a præd. Cur. Scaccarii ejusdem Domini Regis transmiss. fuit; prædictusque Abrahamus Dawes, in eadem Cur. Parliamenti comparens, diversas Causas et Materias pro Error, in Record. et Process. præd. ac in Redditione Judic. præd pro Revocatione et Adnullatione Judic. præd. assignavit; ad quas prædictus Ed'r'us Frost, in eadem Cur. Parliamenti præd. similiter comparens, placitavit, quod in Record. et Process. præd. aut in Redditione Judic. præd. in nullo fuit Errat. Et postea, scilicet, Die Mercurii, Vicesimo Secundo Die Martii, Anno Regni dicti Domini Regis nunc Septimo supradict. in præd. Cur. Parliamenti, vis. et per Cur. ibidem diligenter examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super iisdem reddit. quam præd. Causis et Materiis per præfat. Abrahamum Dawes pro Error, super iis assignat. et allegat. pro eo quod videtur Cur. Parliamenti præd. quod Record. ill. in nullo vitiosum aut defectivum existit, et quod in Record, et Process. præd. ac in Redditione Judic. præd. in nullo est Erratum; ideo considerat. est per eandem Cur. Parliamenti, quod Judic. præd. in omnibus affirmentur, et in omni suo Robore stent et Effectu, dictis Causis et Mater. per præfat. Abrahamum Dawes pro Error. assignat. et allegat. in aliquo non obstant.; et quod præd. Ed'r'us Frost in Cur. Scaccarii dicti Domini Regis habeat inde Executionem suam versus præfat. Abrahamum Dawes, juxta Formam et Effect. Judic. præd. Et ulterius per eandem Cur. Parliamenti præd. considerat. est, quod præd. Ed'r'us Frost recuperet versus præfat. Abrahamum Dawes Cent. Libr. eidem Ed'r'o adjudicat. pro Mis. et Custag. suis quæ sustinuit Occasione Dilationis Execution. Judic. præd. Prætextu Prosecution. præd. Brevis de Error.; ac superinde Record. et Process. præd. per Cur. Parliamenti præd. Cur. Scaccarii dicti Domini Regis remittuntur, et in eadem Cur. Scaccarii jam. residen. &c."

Marquis of Halifax's Estate, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Fee and Inheritance of divers Messuages, Lands, and Hereditaments, of William late Marquis of Halifax, in Trustees, to be sold, together with a Term of Five Hundred Years by him devised to his Executors, in Trust, for the better Performance of his Will," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Sir Charles Carteret's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Estate of Sir Charles Carteret Baronet, deceased, in Trustees, for Payment of Debts; and settling the Remainder to the same Uses in his Will."

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. Bennet:

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

Chevers et al. versus Geoghegan.

Upon reading the Petition of Terence Geoghegan, Respondent in a Cause lately depending in this House, to which Andrew Chevers, John Chevers, and others, were Appellants; praying, "That the Order and Judgement given by this House the Seventh Instant, on hearing the said Cause, may be altered, by leaving out the Words ["on his amended Bill"], or such other Relief in the Premises as their Lordships shall think fit:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear One Counsel of a Side, upon the Matter of the said Petition, To-morrow; and that the Petitioner do forthwith give Notice of this Order to the other Side.

Murray to enter into Recognizance for Munro.

The House being moved, "That Alexander Murray Esquire may be permitted to enter into a Recognizance for Alexander Munro Younger of Auchinbowie, on Account of his Appeal depending in this House, to which Grizell Bruce is Respondent; the Appellant residing in Scotland:"

It is Ordered, That the said Alexander Murray may enter into a Recognizance for the said Appellant, as desired.

Addison's Petition reserred to Judges.

Upon reading the Petition of George Addison Gentleman, on the Behalf of himself and John Addison Esquire his Elder Brother, a Lunatic; praying Leave to bring in a Bill, for Sale of the said Lunatic's Estate, for Payment of Debts, and for other Purposes in the Petition mentioned:

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

Packington's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Herbert Perrot Pakington Esquire, only Son of Sir John Pakington Baronet, to acknowledge Fines, and suffer Recoveries, while he is under the Age of One and Twenty Years."

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. Bennet:

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

Sir John Osborne versus Usher et al.:

The House being moved, on the Behalf of Sir John Osborne Baronet, Appellant in a Cause depending in this House, to which Beverley Usher and others are Respondents, "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 Monday the Seventeenth Day of April next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 23^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Parker & al. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Right Honourable Thomas Lord Parker Baron of Macclesfield Lord High Chancellor of Great Britain, John Sutton Clerk, Edward Ayres and Sarah his Wife, and Mathew Hawes and Sarah his Wife, for and on the Behalf of themselves and of their Infant Children, to make several Exchanges of Lands and Tenements, and to perform their several Agreements touching the same," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Chevers & al. versus Geoghegan:

This Day being appointed, to hear One Counsel of a Side, as well upon the Subject-matter of the Petition of Andrew Chevers and John Chevers and others, Appellants, in a Cause lately depending in this House, as upon the Petition of Terence Geoghegan, Respondent to the said Appeal; praying some Alterations in the Order and Judgement of this House, the Seventh Instant:

Counsel were accordingly called in, and heard.

And due Consideration had of what was offered thereupon:

Judgement.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement be amended, in the several Particulars following; (videlicet,) before the Word ["Orders"], to leave out the Word ["other"], and insert the Word ["precedent"]; and after ["Appeal"], to insert ["and that the Appellants forthwith be restored to such Possession of any of the Lands in Question as hath been taken from them under the Decree of the Thirtieth of April 1719, or any subsequent Order; and that the Respondents pay the Rents and Profits by them received by virtue or colour of the said Decree, or Orders, to the Appellants"]; and after ["Ireland"], to leave out the Words ["on his amended Bill"].

Sharp versus Maxwell & Ux.

The House was informed, "That Charles Maxwell and Janet his Wise, who, by Order of this House of the Eighth of February last, were required to put in their Answer to the Appeal of George Sharp of Hoddam Esquire by the Eighth of March following, have neglected to put in their Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon Mr. Alexander Hamilton was called in, and examined upon Oath, touching the said Service.

And being withdrawn:

To answer pretemptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, by this Day Sevennight.

Message from H. C. to return De Flines & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Gilbert De Flines and Christian Frederick Zincke;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

D. of Richmond & al. Petition:

Upon reading the Petition of Charles Duke of Richmond and Lenox, the Lady Anne Lenox his Daughter, and John Robarts Esquire; praying Leave to bring in a Bill, for vesting divers Manors and Premises, in the Counties of Kildare, Westmeath, and Limerick, in the Kingdom of Ireland, in new Trustees and their Heirs, for Performance of the Agreement and Trusts in the Petition mentioned:

Referred to Judges.

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

Chamberlain versus White.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Christopher Chamberlain Esquire is Appellant, and Dame Mary White Widow is Respondent:"

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

Marquis of Halifax's Estate, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Fee and Inheritance of divers Messuages, Lands, and Hereditaments, of William late Marquis of Halifax, in Trustees, to be sold, together with a Term of Five Hundred Years, by him devised to his Exetors, in Trust for the better Performance of his Will."

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.

Whithy and Bridlington Prers, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better preserving and keeping in Repair the Piers of the Town and Port of Whitby, in the County of York; and for explaining and making more effectual the several Acts passed, for lengthening and repaining the Piers of Bridlington, alias Burlington, in the said County."

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

Their Lordships, or any Five of them; to meet on Saturday the First Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Vis. Lanesborough versus Ellwood.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein James Lord Viscount Lanesborough of the Kingdom of Ireland and Lawrence Eustace are Appellants, and Eleanor Ellwood Relict and Executrix of David Ellwood is Respondent:"

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

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;) the Lords being also in their Robes; the Gentleman Usher of the Black Rod was commanded to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet),

Bills passed.

1. An Act to enable the South Sea Company to ingraft Part of their Capital Stock and Fund into the Stock and Fund of the Bank of England, and another Part thereof into the Stock and Fund of the East India Company; and for giving further Time for Payments to be made by the said South Sea Company, to the Use of the Public."

2. An Act for punishing Muntiny and Desertion; and for the better Payment of the Army and their Quarters."

3. An Act to preserve and encourage the Woollen and Silk Manufactures of this Kingdom; and for the more effectual employing the Poor, by prohibiting the Use and Wear of all printed, painted, stained, or dyed Callicoes, in Apparel, Household Stuff, Furniture, or otherwise, after the Twenty Fifth Day of December One Thousand Seven Hundred and Twentytwo (except as therein is excepted)."

4. An Act for the better Preservation of the Harbour of Rye, in the County of Sussex."

"5. An Act for finishing and adorning the new Chapel, called St. George's Chapel, in Great Yarmouth, in the County of Norfolk; and for enlightening the Streets of the said Town; by a Duty, or Imposition, on Coals, Culm, and Cinders, to be landed and consumed there."

6. An Act for making the River Weaver navigable, from Frodsham Bridge to Winsford Bridge, in the County of Chester."

7. An Act for enlarging the Time for making the River Kennet navigable, from Reading to Newbury, in the County of Berks."

To these Bills the Clerk Assistant, in the Absence of the Clerk of the Parliaments, pronounced the Royal Assent, severally, in the Words following; (videlicet,)

Le Roy le veu't."

8. An Act to enclose the Common Field of Lighthorne, and a Common called Lighthorne Heath, in the County of Warwick."

9. An Act for draining, improving, and enclosing, the Common called Stokesby Common, in the Parish of Stokesby, in the County of Norfolk."

10. An Act to enable the Right Honourable Heneage Earl of Aylesford to sell certain Estates of Leasehold and Inheritance, in the County of Kent, comprized in his Marriage Settlement; and to purchase another Estate, in the County of Leicester, of better Value, to be settled to the same Uses."

"11. An Act for the Naturalization of Isabella Countess of Denbigh, Wife of William Earl of Denbigh."

12. An Act for naturalizing Gilbert de Flines, Christian Frederick Zincke, and others."

13. An Act for naturalizing John Hartcup."

To these Bills the Royal Assent was severally pronounced, in the Words following; (videlicet,) "Soit fait comme il est desiré."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

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:

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 Papers laid before this House by the late Directors of the South Sea Company; and examined the said late Directors and their late Officers, together with certain Brokers, upon Oath; and have thereupon come to several Resolutions, which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be now received,

His Lordship accordingly reported the said Resolutions, as follow; (videlicet),

Resolutions reported.

Resolved, That it is the Opinion of this Committee, That the late Directors of the South Sea Company, in the Loans made by them upon the Stock and Subscriptions, have been guilty of a notorious Breach of Trust; and ought, out of their own private Estates, to make good whatever Loss the Company may sustain thereby.

Resolved, That it is the Opinion of this Committee, That the Directors of the South Sea Company, having ordered great Quantities of Stock to be bought for the Service of the Company, when Stock was at a very high Price, under Pretence of keeping up the Price of Stock; and at the same Time several of the Directors and other Officers belonging to the Company having sold their own Stock, in a clandestine Manner, to the Company; such Directors and Officers were thereby guilty of a notorious Fraud and Breach of Trust and their so doing was One great Cause of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Resolved, That it is the Opinion of this Committee, That the Practice of Contracting, begun so early as in January One Thousand Seven Hundred and Nineteen, by Sir John Blunt and John Grigsby, for the Refusal of the next Midsummer Dividend, in Consideration of Five Shillings per Cent. only paid; and of the further Sum of Three Pounds per Cent. to be paid, if they should call for such Dividend; and their procuring an Appointment of Ten Pounds per Cent. Stock to be afterwards made as the Midsummer Dividend, which, before that Time, had never exceeded the Rate of Three Pounds per Cent. for One Half Year; was a gross Fraud, in respect of the several Persons so contracted with; and calculated to promote their further unjust Designs, which have been since notoriously put in Practice, to the great Detriment of the Public, and to the manifest Oppression of great Numbers of His Majesty's Subjects; and was One of the Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Resolved, That it is the Opinion of this Committee, That the Practice used by some of the Directors of the South Sea Company and their Officers, in giving out great Premiums, for the Resusal of Stock at very high Prices, was a fraudulent Artifice, to raise the Price of Stock far above the Value they knew it could bear; and was One other Cause of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Resolved, That it is the Opinion of this Committee, That the declaring the Midsummer Dividend upon the South Sea Stock to be in Stock, notwithstanding, before that Time, they had received great Sums of Money, more than sufficient to answer a reasonable Dividend in Specie, was calculated to put an imaginary Value on the said Stock; and was One other Cause of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Resolved, That it is the Opinion of this Committee, That the contriving and promoting the Third Subscription, to increase the Capital Stock of the South Sea Company, at the extravagant Rate of One Thousand per Cent, and for so great a Sum as Five Millions, in order to give an exorbitant Rise to the said Stock, was fraudulently calculated to answer the Ends of particular Persons, was a notorious Cheat on the Public, and One other Cause of the unhappy Turn of Affairs, that has so much affected the Public Credit.

Resolved, That it is the Opinion of this Committee, That the Declaration, or Appointment, when the Stock was declining, of Thirty per Cent, to be paid for the Half Year's Dividend on the South Sea Stock, at Christmas One Thousand Seven Hundred and Twenty; and of a Sum not less than Fifty per Cent. per Annum for not less than Twelve Years; were vile Artifices used by the Directors, to delude His Majesty's good Subjects, by possessing them with false Notions of the Value of the Stock, and, in Consequence thereof, to encourage them to buy at excessive Rates, as well as to prevent their selling out, to the End the Directors themselves, and their Confederates, might have the better Opportunity to sell their own Stock at exorbitant Prices; by which Means, many of His Majesty's faithful Subjects have been greatly impoverished; but the Directors, and those in Confederacy with them, have gained to themselves an immense Wealth; and were some other Causes of the unhappy Turn of Affairs, that has so much affected the Public Credit."

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

Adjourn.

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

DIE Veneris, 24^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Blake versus Blake.

This Day the Answer of Robert Blake Esquire, to the Petition and Appeal of Stbella Apolinea Blake and Jane Henrietta Barbara Blake, was brought in.

L. Dunsany & al. versus Plunket:

Counsel were called in, to be heard, upon the Petition and Appeal of Randal Lord Baron of Dunsany in the Kingdom of Ireland, Sir Henry O Neilc Baronet, Edward Evers and Eleanor his Wife; complaining of certain Orders of the High Court of Chancery in the said Kingdom, of the Eighteenth of November One Thousand Seven Hundred and Eighteen, and Twentieth of November One Thousand Seven Hundred and Nineteen, and the Proceedings thereupon, in a Cause there depending, wherein Catherine Plunket was Plaintiss, and the Appellants Defendants; as also upon the Answer of the said Catherine Plunket put in thereunto.

And the Counsel for the Appellants acquainting the House, "That they were willing the said Appeal should be dismissed;" and the Respondent's Counsel consenting thereto:

Judgement assumed.

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 Orders therein complained of be, and are hereby, affirmed.

L. Parker & al. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Thomas Lord Parker Baron of Macclesfeild Lord High Chancellor of Great Britain, John Sutton Clerk, Edward Ayres and Sarah his Wife, and Mathew Hawes and Sarah his Wife, for and on the Behalf of themselves and of their Infant Children, to make several Exchanges of Lands and Tenements; and to perform the several Agreements touching the same."

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. Bennet:

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

E. Rochford & al. Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for settling the Estates of Richard late Earl Rivers, deceased, pursuant to an Agreement made between Frederick Earl of Rochford and Bessy Countess of Rochford his Wife, James Barry Earl of Barrymore in the Kingdom of Ireland, and Lady Penelope Barry his Daughter, and John now Earl Rivers, subject to the Payment of the Debts and Legacies of the said late Earl Rivers remaining unpaid; and for other Purposes in the said Act mentioned."

Address relating to the Produce of the Customs.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, humbly to desire, "That His Majesty will be graciously pleased to give Orders to the proper Officers, to lay before this House an Accompt of the Produce of the Customs, from Christmas One Thousand Seven Hundred and Fourteen, to Christmas One Thousand Seven Hundred and Twenty; distinguishing therein the Produce of each Year."

Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves.

Falconer versus Falconer:

Whereas, by Order of this House of the Fourteenth Instant, Dame Elizabeth Falconer and others were required peremptorily to put in their Answer or respective Answers to the Appeal of David Falconer Esquire, by Tuesday last; which they have neglected to do:

And the House being this Day moved, "That a Day may be appointed, for hearing the said Appeal:"

Hearing appointed ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on Tuesday the Fourth Day of April next, at Eleven a Clock.

Minnet versus Whinery.

Upon reading the Petition and Appeal of Joshua Minnit Merchant; complaining of a Decree of the High Court of Chancery in Ireland, of the Twenty-eighth Day of Jannary last, in a Cause wherein John Whinery was Plaintiff, and the Petitioner and others were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Whinery 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 Twenty-eighth Day of April next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service, in order thereunto.

Gordon versus Duff.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Gordon of Glastirum Esquire is Appellant, and William Duff of Dipple Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fifth Day of April next, being the Day on which the original Cause stands appointed to be heard.

Adjourn.

Dominus Cancellarius declaravit præseus Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Martii, hora, undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 27^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Directors & al. of the South Sea Company:

The Lord Chancellor acquainted the House, "That he had received from Mr. Baron Page, pursuant to the Act of Parliament passed this Session, the several Inventories, or Particulars, of the Estates of the late Sub-governor, Deputy Governor, and of all the late Directors, of the South Sea Company (except the Inventories of Mr. Tillard and Mr. Eyles, which were delivered in some Time since); as also the Inventories of Mr. Surman the late Deputy Cashier, and Mr. Grigsby the late Acomptant, of the said Company."

Inventories delivered.

And his Lordship having delivered in the said Inventories, with a Schedule of them; the said Schedule was read, as follows; (videlicet),

1. Sir John Fellows Baronet, Sub-governor.

2. Charles Joye Esquire, Deputy Governor.

3. James Edmundson Esquire.

4. Arthur Ingram Esquire.

5. Sir Theodore Jansen Knight and Baronet.

6. Stephen Child Esquire.

7. Francis Hawes Esquire.

8. Jacob Sawbridge Esquire.

9. John Turner Esquire.

10. Sir William Hamond Knight.

11. William Morley Esquire.

12. Richard Horsey Esquire.

13. Hugh Raymond Esquire.

14. Sir Lambert Blackwell Baronet.

15. John Gore Esquire.

16. William Astell Esquire.

17. Samuel Read Junior Esquire.

18. Robert Chester Esquire.

19. Richard Houlditch Esquire.

20. Sir Robert Chaplin Baronet.

21. Thomas Reynolds Esquire.

22. Peter De la Port Esquire.

23. Edward Gibbon Esquire.

24. Sir Harcourt Masters Knight.

25. Ambrose Page Esquire.

26. Sir Jacob Jacobson Knight.

27. Sir John Lambert Baronet.

28. Sir William Chapman Knight and Baronet.

29. Sir John Blunt Baronet.

30. Robert Surman Deputy Cashier.

31. John Grigsby Accomptant."

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

King's Answer to Address relating to the Customs.

The Earl of Cholmondeley reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with their Lordships Address of Friday last, relating to the Produce of the Customs; and that His Majesty was pleased to return Answer, That He will give Orders to the proper Officers, to lay before this House, as soon as possible, the Accompt desired by the said Address."

Edgworth versus Edgworth.

Upon reading the Petition and Appeal of Edward Edgworth Esquire; complaining of several Orders made in the Court of Exchequerin Ireland, the Twenty-seventh of May, the Sixteenth of November, and Twenty-third of February last, in a Cause wherein Robert Edgworth Esquire was Plaintiff, and the Petitioner and others were Defendants; 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 Robert Edgworth 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 First Day of May next; and that Service of this Order on the Respondent's Clerk, or Attorney, in the said Court of Exchequer in Ireland, be deemed good Service.

Lomax verus Ryder & Ux.:

After hearing Counsel, upon the Petition and Appeal of Joshua Lomax Esquire; complaining of an Order of the High Court of Chancery, of the Twentieth of June One Thousand Seven Hundred and Eighteen, in a Cause wherein the Appellant was Plaintiff, and Richard Ryder the Younger and his Wife were Defendants; and praying, "That the same may be set aside, and a new Trial directed:" As also upon the Answer of the said Richard Ryder the Younger and Anne his Wife put in to the said Appeal; and due Consideration had of what was offered in this Cause:

Judgement 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 Order therein complained of be, and is hereby, affirmed:

E. of Rochford's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for settling the Estates of Richard late Earl Rivers deceased, pursuant to an Agreement made between Frederick Earl of Rochford and Bessy Countess of Rochford his Wife, James Barry Earl of Barrymore in the Kingdom of Ireland, and Lady Penolope Barry his Daughter, and John now Earl Rivers, subject to the Payment of the Debts and Legacies of the said late Earl Rivers remaining unpaid; and for other Purposes in the said Act mentioned."

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

Their Lordships, or any Five of them; to meet on Friday the Fourteenth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Romney's Bill.

The Earl of Warrington reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of the Right Honourable Robert Lord Romney, in the County of Norfolk; and for settling other Lands, of greater Value, in the County of Kent, already purchased, to the same Uses," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Bridges' Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Harry Bridges Esquire to sell the Manor of Ilebrewers, in the County of Somerset, for Payment of his Daughter's Portion, and Legacies charged thereupon," was committed: "That they had con sidered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Kider, for arresting the E. of Dunbarton, to be brought to the Bar.

A Petition of John Kider, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in causing the Earl of Dunbarton, a Peer of Great Britain, to be arrested, was presented to the House, and read; expressing his hearty Sorrow for his said Offence; and begging Pardon of this House and the said Earl for the same; and praying to be discharged:

It is Ordered, That the Petitioner be brought to the Bar To-morrow, in order to his Discharge.

Corporation of Gallway versus Russell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Mayor, Sheriffs, Free Burgesses, and Commonalty, of the Town and County of the Town of Gallway are Appellants, and Henry Russell Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Two and Twentieth Day of April next, at Eleven a Clock.

Roe versus Tod.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein William Roe Merchant Traveller is Appellant, and Janet Tod and William Tod her Husband are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Four and Twentieth Day of April next, at Eleven a Clock.

Adjourn.

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

DIE Martis, 28^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sharp versus Maxwell & Ux.

This Day the Answer of Charles Maxwell of Cowhill Esquire and Janet his Wife, to the Petition and Appeal of George Sharp of Hoddam Esquire, was brought in.

Bishop of Rochester & al. versus Attorney General & al.

Counsel were called in, to be heard, in the Cause wherein Francis Lord Bishop of Rochester, Dean of the Collegiate Church of St. Peter in Westminster, and others, are Appellants, and His Majesty's Attorney General and others are Respondents.

And the Counsel for the Appellants being heard accordingly:

It is Ordered, That the further Hearing the said Cause be adjourned till To-morrow, at Eleven a Clock; and the Lords to be summoned, with Notice, "That the House intends to proceed to the said Hearing at that Time."

Causes put off.

Whereas To-morrow is appointed, for hearing the Cause wherein Simon Lord Lovat is Appellant, and Emelia Lady Dowager of Lovat and others are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Mercurii, 29^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D of Marlborough versus Attorney General & al.

This Day the Answer of Edward Strong Senior and Edward Strong Junior, Respondents to the Petition and Appeal of the most Noble John Duke of Marlborough, was brought in.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Francis Lord Bishop of Rochester, Dean of the Collegiate Church of St. Peter in Westminster, Michael Evans Clerk, Lawrence Brodrick, Robert Cannon and Harry Barker Doctors in Divinity, Prebendaries of the said Collegiate Church; complaining of a Decree of the High Court of Chancery, of the Twentieth of June last, in a Cause wherein the Attorney General, at the Relation of Nicholas Onely, Thomas Dent, Thomas Lynford, and Edward Gee, Doctors in Divinity, and Samuel Lord Bishop of Carlile, Five Prebendaries of the Collegiate Church aforesaid, Robert Freind Doctor in Divinity, Master of Westminster School, and William Farrer Esquire, were Plaintiffs, and the Appellants, and Thomas Spratt late One of the Prebendaries of the said Church, deceased, were Defendants; and praying, "That the said Decree, for directing certain Issues to be tried, may be reversed, and the Plaintiffs Bill dismissed with Costs; or that their Lordships will make such Order, or Decree, as shall seem just:" As also upon the joint and several Answer of Sir Robert Raymond Knight, His Majesty's Attorney General, and the other Respondents, put in to the said Appeal.

And a Debate arising thereupon:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Debate be adjourned to the Second Day of Meeting after the Recess for Easter.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum primum diem instantis Martii, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 31^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return the Bill for the University of Oxford to build Radcliffe Library; Glavering's Bill; and Pagett's Bill.

A Message from the House of Commons, by Dr. Clarke and others:

To return the Bill, intituled, "An Act to enable any Corporations within the University of Oxford, or any other Persons, to sell and convey any Messuages and Ground within the said University, for building a Library, pursuant to the Will of John Radcliffe Doctor in Physic; and for empowering any Colleges in the said University to sell or convey any Ground or Houses to each other, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Also, a Message from the House of Commons, by the Lord William Pawlet and others:

To return the Bill, intituled, "An Act to enable James Clavering Junior Esquire to make Sale of his Estate at Tanfield, in the County of Durham, freed from the Uses and Trusts in the said James Clavering's Marriage Settlement; and to settle his Estate at Hallhill, in the said County, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Also, a Message from the House of Commons, by Colonel Coddrington and others:

With a Bill, intituled, "An Act for continuing an Act made in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing and enlarging the Highways between the Top of Kingsdowne Hill and the City of Bath, and also several Highways leading to and through the said City; and for cleansing, paving, and lightening the Streets, and regulating the Chairmen there;" and for explaining and making the said Act more effectual;" to which they desire their Lordships Concurrence.

And a Message from the House of Commons, by Mr. Yonge and others:

To return the Bill, intituled, "An Act for vesting in Trustees a Moiety of divers Manors and Lands in Essex, belonging to Thomas Paget Esquire and Mary his Wife, to enable them to convey the same according to the Articles for the Sale thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lord Lovat versus Lady Lovat & al.

After hearing Counsel in Part, upon the amended Petition and Appeal of Simon Lord Lovat; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland; as also upon the Answer of Emelia Lady Dowager of Lovat and others put in thereunto:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, primum diem Aprilis jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 23^o Februarii, 1721, hitherto examined by us,

Clarendon.
Say & Seale.
Hu. Bristol.
Delawarr.