House of Lords Journal Volume 21: October 1721

October 1721

Anno 8^o Georgii Regis.

DIE Jovis, Decimo Nono Octobris, 1721.

DIE Jovis, Decimo Nono Octobris, 1721, Annoque Regni Serenissimi Domini Georgit, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hiberniæ Regis, Fidei Defensor, &c. Octavo; in quem Diem præsens hæc Octava Sessio Parliamenti, per separal. Adjournamenta et Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. 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 your Meeting at this Time in Parliament."

Then the Lord Chancellor said,

His Majesty's Speech.

"My Lords, and Gentlemen,

"I have received His Majesty's Commands, from the Throne, to declare to you, in His Majesty's Name and Words, the Causes of your meeting at this Time in Parliament, as follows:

"My Lords, and Gentlemen,

"I acquainted you, when we parted last, with our having renewed all our Treaties of Commerce with Spain; since which, Peace is happily restored in the North, by the Conclusion of the Treaty between the Czar and the King of Sweden; and by that which I have made with the Moors, a great Number of My Subjects are delivered from Slavery, and all such of them as trade to those Parts of the World are for the future secured from falling under that dreadful Calamity.

"In this Situation of Affairs, we should be extremely wanting to ourselves, if we neglected to improve the favourable Opportunity, which this general Tranquillity gives us, of extending our Commerce; upon which the Riches and Grandeur of this Nation chiefly depend. It is very obvious, that nothing would more conduce to the obtaining so public a Good, than to make the Exportation of our own Manufactures, and the Importation of the Commodities used in the manufacturing of them, as practicable and easy as may be; by this Means, the Balance of Trade may be preserved in our Favour, our Navigation increased, and greater Numbers of our Poor employed.

"I must therefore recommend it to you, Gentlemen of the House of Commons, to consider how far the Duties upon these Branches may be taken off, and re-placed, without any Violation of Public Faith, or laying any new Burthen upon My People; and I promise Myself, that, by a due Consideration of this Matter, the Produce of those Duties, compared with the infinite Advantages that will accrue to the Kingdom by their being taken off, will be found so inconsiderable, as to leave little Room for any Difficulties or Objections.

"The supplying ourselves with Naval Stores upon Terms the most easy and least precarious seems highly to deserve the Care and Attention of Parliament. Our Plantations in America naturally abound with most of the proper Materials for this necessary and essential Part of our Trade and Maritime Strength; and if, by due Encouragement, we could be furnished from thence with those Naval Stores, which we are now obliged to purchase and bring from Foreign Countries, it would not only greatly contribute to the Riches, Influence, and Power, of this Nation; but, by employing our own Colonies in this useful and advantageous Service, divert them from setting up and carrying on Manufactures which directly interfere with those of Great Britain.

"Gentlemen of the House of Commons,

"It will be a great Pleasure to Me, if, in raising the Supplies of this Year, it may be so ordered, that My People may reap some immediate Benefit from the present Circumstances of Affairs Abroad. I have ordered Estimates to be prepared, for the Service of the ensuing Year; and likewise an Accompt of the Debts of the Navy to be laid before you. You cannot but be sensible of the ill Consequences that arise from such a large Debt remaining unprovided for; and that, as long as the Navy and Victualing Bills are at a very high Discount, they do not only affect all other Public Credit, but greatly increase the Charge and Expence of the current Service. It is therefore very much to be wished, that you could find a Method of discharging this Part of the National Debt, which, of all others, is the most heavy and burthensome; and by that Means have it in your Power to ease your Country of some Part of the Taxes, which, from an absolute Necessity, they have been obliged to pay.

"My Lords, and Gentlemen,

"The unspeakable Misery and Desolation that has of late raged in some Parts of Europe, cannot but be a sufficient Warning to us, to use all possible Precautions to prevent the Contagion from being brought in among us; or, if these Kingdoms should be visited with such a fatal Calamity, to be in a Condition, with the Blessing of God, to stop its further Progress. And as all other Provisions will be altogether vain and fruitless, if the abominable Practice of Running of Goods be not at once totally suppressed. I most earnestly recommend to you, to let no other Consideration stand in Competition with a due Care of preserving so many Thousand Lives.

"The several Affairs which I have mentioned to you being of the highest and most immediate Concern to the whole Kingdom; I doubt not but you will enter into the Consideration of them, with that Temper, Unanimity, and Dispatch, that the Necessity and Importance of them require."

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.

Earl of Warwick and Holland takes his Seat.

This Day Edward Earl of Warwick and Holland sat first in Parliament, upon the Death of his Cousin Edward Henry Earl of Warwick and Holland; 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 Lord Chancellor acquainted the House, "That there were Two Lords without, ready to be introduced."

Viscount Torrington introduced:

Then, Sir George Byng Knight and Baronet, being, by Letters Patent, dat. Vicesimo Primo Die Septembris, Octavo Georgii Regis, created Baron Byng, of Southwell, in Com. Bedford, and Viscount Torrington in Com. Devon, was this Day, in his Robes, introduced, between the Lord Viscount Townshend and the Lord Viscount St. John (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Earl of Yarmouth (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. Britanniæ, Franciæ, & Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo et Consiliario Nostro Georgio Vicecomiti Torrington, in Com. Nostro Devon. Salutem. Cum nuper, de Avisamento et Assensu Concihi Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magnæ 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 Nostri, Colloquium habere et Tractatum; quo Die idem Parliamentum Nostrum inchoatum et tentum fuit; et abinde, per separalia Adjournamenta, Prorogationes, et Continuationes, usque ad et in Decimum Nonum Diem Octobris jam prox. sequen. prorogatum et continuatum est, apud Civitatem Nostram præd. ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Vicesimo Primo Die Septembris, Anno Regni Nostri Octavo.

"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.

Lord Lechmere introduced:

Nicholas Lechmere Esquire, Chancellor of the Dutchy of Lancaster, being, by Letters Patent, dat. Quarto Die Septembris, Octavo Georgit Regis, created Baron Lechmere, of Evesham, in Com. Wigorn. was, also in his Robes, introduced, between the Lord President of His Majesty's Council and the Lord Onslow (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Earl of Yarmouth (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. Britann. Franc. et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro Nich'o Lechmere, de Evesham, in Com. Nostro Wigorn. Ch'r, Salutem. Cum nuper, de Avisamento et Assensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magn. Britann. et Ecclesiæ concernentibus, præsens Parliamentum Nostrum, apud Civitatem Nostram Westm. Decimo Septimo Die Martii, Anno Regni Nostri Primo, teneri ordinaverimus; et ibidem, cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, Colloqurum habere et Tractatum; quod quidem Parliamentum Nostrum ibidem tunc tentum fuit; et abinde, per separalia Adjournamenta et Prorogationes, usque ad et in Decimum Nonum Diem Octobris jam nunc prox. futur. prorogatum fuerat, apud Civitatem Nostram Westm. præd. ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus prædictis, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Weston. Quarto Die Septembris, Anno Regni Nostri Octavo.

"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 Barons Bench.

Bishop of Winton takes the Oaths.

This Day Charles Lord Bishop of Winchester 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.

Poor not to be defrauded, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing of the Poor's being desrauded.

His Majesty'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; and to congratulate Him upon the Success of His Endeavours in restoring the general Tranquillity of Europe; as also to thank His Majesty for the great Compassion He has shewn to such of His Subjects as have had the Misfortune to fall into the Hands of the Moors: And to assure His Majesty, That, as the several Particulars He has been pleased to mention to them are Instances of the greatest Affection to His People, and the tenderest Concern for their Interest and Security; so this House will, on their Part, consider, with all Temper, Unanimity, and Dispatch, what His Majesty has been pleased to lay before them; and will do all in their Power towards attaining the great and good Ends His Majesty has so graciously recommended to them, in Favour of the Trade, Ease, and Safety, of His People."

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.

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 Lord Teynham 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."

Which, being read Twice by the Clerk, was, with some Amendments, agreed to by the House, and is as follows; (videlicet,)

"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 our most hearty Thanks, for Your Majesty's most Gracious Speech from the Throne; and for the great Compassion You have shewn to such of Your Subjects as have had the Misfortune to fall into the Hands of the Moors: And we do at the same Time congratulate Your Majesty, upon the Success of Your Endeavours in restoring the general Tranquillity of Europe: And we assure Your Majesty, that, as the several Particulars You have been pleased to mention to us are Instances of the grearest Affection to Your People, and the tenderest Concern for their Interest and Security; so we will, on our Part, consider, with all Temper, Unanimity, and Dispatch, what Your Majesty has been pleased to lay before us; and will do all in our Power towards attaining the great and good Ends Your Majesty has so graciously recommended to us, in Favour of the Trade, Ease, and Safety, of Your People."

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.

Lords with White Staves to know when He will be attended.

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

Committee 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 a 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 Journals of this and the Two last Sessions of Parliament.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Balhatchet & al. versus Attorney General.

Upon reading the Petition and Appeal of Richard Balhatchett, Edward Hughes, and others; complaining of certain Decrees and Reports of the Court of Exchequer, of the Sixth of December, the Fifth and Two and Twentieth of February, 1717, the Two and Twentieth of April and Nineteenth of June 1718, in a Cause there depending, wherein His Majesty's Attorney General was Plaintiff, and the said Richard Balhatchett, and Francis Manaton, and Joseph Quash, were Defendants; and praying, "That the same may be reversed, and the Petitioners relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Thursday the Second Day of November next.

Adjourn.

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

DIE Veneris, 20^o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty 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.

Stoppages in the Streets, Order to prevent.

The House taking 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 Whitehall 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 Jovis, vicesimum sextum diem instantis Octobris, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 26^o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

His Majesty'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; (videlicet,)

"My Lords,

"I thank you for this loyal and dutiful Address. The Zeal you express for My Person and Government, and for the Interest and Happiness of My People, gives Me great Satisfaction."

Address and Answer to be printed.

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

Attorney General & al. versus Sutton & al. (fn. 1)

Upon reading the Petition and Appeal of His Majesty's Attorney General, at the Relation of Thomas Folkes and Charles Battely Esquires; complaining of certain Orders of the Court of Exchequer, of the Tenth of February last, in a Cause wherein the Petitioners were Plaintiffs, and John Sutton, Thomas Paman, and others, were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed, and the Defendants Pleas over-ruled; and that the Petitioners Information may be retained in the said Court, and the Defendants compelled to answer thereto; and that the Petitioners may proceed thereupon, and other Relief in the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Sutton and Thomas Paman 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 Ninth Day of November next.

Bryan versus Woolley & Ux.

Upon reading the Petition and Appeal of James Bryan Esquire; complaining of a Decree of Dismission of the Court of Chancery in Ireland, of the Twelfth of May last, in a Cause wherein the Petitioner was Plaintiff, and Benjamin Woolley and Mary his Wife were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed, and the Defendants obliged to execute Conveyances of the Premises in Question to the Petitioner, upon the Petitioner's Payment of the Sum of Five Hundred and Fifty Pounds to them; and that the Petitioner may be relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Benjamin Woolley 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 Thursday the Thirtieth Day of November next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Accounts of prohibited E. 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 Return 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 1720 to Michaelmas 1721.

"N^o. 1. An Account of prohibited East India Goods remaining in the Warehouses at St. Hellen's, at Michaelmas 1720; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1721."

"N^o. 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall at Michaelmas 1720; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1721."

"N^o. 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1720; with what has been brought in since that Time; what exported; as also what remained at Michaelmas 1721."

"N^o. 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports at Michaelmas 1720; what brought in since that Time; what exported; as also what remained at Michaelmas 1721."

"N^o. 5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1720 to Michaelmas 1721."

"N^o. 6. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1720 to Michaelmas 1721."

Bunbury & Ux. versus Bolton & al.

The House being moved, on the Behalf of Thomas Bolton, Doctor John Bolton, Charles Bladen and Lettice his Wife, Respondents to the Appeal of Walter Bunbury and Dame Elizabeth Irwin, "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 Friday the Twentyfourth Day of November next, at Eleven a Clock.

Days appointed for hearing Causes.

Ordered, That Mondays, Wednesdays, and Fridays, be appointed for the Hearing of Causes, during this Session.

House to be called, and L. Chancellor to write to absent Lords.

Ordered, That the House be called over on Thursday the Ninth of November next; and that the Lord Chancellor do write Letters to the absent Lords, to acquaint them of the Call of the House on that Day; and that their Attendance is then expected.

Adjourn.

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

DIE Martis, 31^o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Foley versus Attorney General & al.

Upon reading the Petition and Appeal of William Foley Esquire, an Infant, by Robert Foley Esquire his Guardian; complaining of Two Decrees of the High Court of Chancery, of the Twenty-fifth of June 1719, and Twenty-fifth of June 1720, in a Cause wherein Sir Robert Raymond Knight, His Majesty's Attorney General, at the Relation of Richard Bate Clerk, Curate of the Parish Church of Kinfare, at the Nomination of the Parishioners of the said Parish, and at the Relation of Edward Hillman, Richard Moseley, and others, Gentlemen, on Behalf of themselves and the rest of the Inhabitants of the said Parish, were Complainants, and Paul Foley Esquire, Thomas Oliver Clerk, John Cook and Thomas Bradley, Churchwardens of the said Parish, Defendants to the original Bill, Robert Foley Esquire Executor of the said Paul Foley, and the said William Foley Esquire the Petitioner, an Infant, were Defendants to the Bill of Revivor; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That His Majesty's Attorney General, Richard Bate, John Wood, and Richard Moseley, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Fourteenth Day of November next.

The Lord Chancellor acquainted the House, "That there was a Lord without, ready to be introduced."

Vis. Harcourt introduced.

Then, Simon Lord Harcourt, being, by Letters Patent, dat. Undecimo Die Septembris, Octavo Georgii Regis, created Viscount Harcourt, de Stanton Harcourt, in Com. Oxon. was this Day, in his Robes, introduced, between the Lord Viscount Townshend and the Lord Viscount St. John (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, and the Earl of Yarmouth (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, Magnæ Britanniæ, Franc. et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Simoni Vicecomiti Harcourt, de Stanton Harcourt, in Comitatu Nostro Oxon. Salutem. Cum nuper, de Avisamento et Affensu Concilii Nostri, pro quibusdam arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magn. Britann. 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 Nostri, Colloquium habere et Tractatum; quo Die idem Parliamentum Nostrum inchoat. et tent. fuit; et abinde, per separal. Adjournamenta, Prorogationes, et Continuationes, usque ad et in Decimum Nonum Diem Octobris jam prox. sequen. prorogatum et continuatum est, apud Civitatem Nostram præd. ibidem tunc tenendum et prosequendum; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, dictis Die et Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus præd. super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Undecimo Die Septembris, Anno Regni Nostri Octavo.

"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.

D. of Rutland takes the Oaths.

This Day John Duke of Rutland 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; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Arrat versus Wilson:

The House was informed, "That John Wilson, who, by Order of this House of the Tenth of January last, was required to put in his Answer to the Appeal of John Arrat Esquire by the Seventh of February following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service, and the Standing Order of the Fifth of April 1720, requiring all Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, being read:

And in regard the Appellant's Time for that Purpose expired but on Friday last, on which Day the House did not sit:

To answer peremptorily.

It is therefore Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in Eight Days.

Falconer versus the College and Town Council of Aberdeen.

Upon reading the Petition and Appeal of David Falconer of Newton Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Twenty-ninth of December 1719, and the Affirmance thereof the Fifteenth of January following, made on the Behalf of the Principal and Masters of King's College, and the Provost, Bailiffs, and Council, of Aberdeen, and their Treasurer for the Time being; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Principal and Masters of King's College, and the Provost, Bailiffs, and Council of Aberdeen, and their Treasurer for the Time being, 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 Tuesday the Twenty-eighth Day of November next; and that Service of this Order on the Respondents Agent or Writer in the said Court of Session in Scotland be deemed good Service.

Fletewood & al. Pet. referred to Judges.

Upon reading the Petition of Edward Fletewood Esquire and Sarah his Wife, Ralph Robinson and Margaret his Wife, James Earl of Derby, William Rawstorne, Robert Shawe, and Timothy Hall; praying Leave to bring in a Bill, for Sale of certain Manors and Lands, Part of the Estate of Richard Fletewood Esquire, deceased; and to enable the Petitioner Edward Fletewood to settle a Jointure, and make a Provision for his Younger Children; and for other Purposes therein 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 King's Bench and the Lord Chief Justice of the Court of Common Pleas; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. Coningesby's Privilege:

The House was informed, "That Jonas Cooke, who stood committed to the Custody of the Serjeant at Arms attending this House, by Order of the Fifteenth of July last, for a Breach of Earl Coningesby's Privilege, in pulling down Part of a Wall, which was a Fence to a Piece of Pasture Ground belonging to the said Earl, obtained his Liberty by Prorogation; not having made such Submission as was accepted by the House."

And the House being this Day moved, "That the said Jonas Cooke be again taken into Custody:"

And thereupon the said Order of Attachment, and an Order upon the Petition of the said Cooke, of the Twenty-sixth of the said July, being read:

And the Serjeant at Arms and Yeoman Usher being examined, at the Bar, touching the said Cook's having paid any the Fees due to the Officers of this House:

Jonas Cooke to be re-attached.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith re-attach the Body of the said Jonas Cooke, for his said Offence, and keep him in safe Custody during the Pleasure of this House; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Balhatchett & al. versus Attorney General, to amend Appeal.

Upon reading the Petition of Richard Balhatchett and Edward Hughes; setting forth, "That the Petitioners, the First Day of this Session, exhibited their Appeal to this House, from a Decree of the Court of Exchequer, in Behalf of His Majesty's Attorney General and others; that, the same being engrossed in Haste, the Petitioners, since the exhibiting thereof, are informed that there are several Mistakes therein made by the Clerk, and other Omissions, which, the Petitioners are advised, make their Case so defective, that the same will not appear in a true Light at the Hearing;" and praying, "In regard the Respondents have not as yet put in their Answer to the said Appeal, that they may have Leave to amend the same:"

It is Ordered, That the Petitioners be at Liberty to amend the said Appeal, according to the Prayer of the said Petition.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem Novembris jam prox. sequent. hora undecima Auror. Dominis sic decernentibus.