House of Lords Journal Volume 21: December 1721

December 1721

DIE Veneris, 1^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Walker versus Forrester and M'pherson.

Upon reading the Petition and Appeal of John Walker Merchant in Edinburgh; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of June, the Fourteenth and One and Twentieth of July, and Two and Twentieth of November last, made on the Behalf of Robert Forrester and William M'pherson; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Forrester and William M'pherson 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 Nine and Twentieth Day of this Instant December; and that Service of this Order on the Respondents Agent or Writer in the said Court of Session in Scotland be deemed good Service.

Foley versus Attorney General & al.

After hearing Counsel, upon the Petition and Appeal of William Foley Esquire, an Infant, by Robert Foley Esquire his Guardian; complaining of a Decree of the Master of the Rolls, of the Twenty-fifth of June 1719, in the Absence of the Lord Chancellor; and also of a Decree of the High Court of Chancery, of the Twentyfifth 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 Appellant, an Infant, were Defendants to the Bill of Revivor; and praying, "That the same may be reversed:" As also upon the Answer of the said Sir Robert Raymond Knight, His Majesty's Attorney General, Richard Bate Clerk, John Wood and Richard Moseley, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Two Decrees complained of in the said Appeal be, and the same are hereby, reversed: And it is Adjudged and Declared, That an absolute Power was vested in the Thirteen Trustees named in the Deed Sexto Caroli Primi, to nominate such Preacher, or Curate, for the Parish of Kinfare, in the County of Stafford, as they, or the major Part of them, thought fit; and that the Surrender, or Assignment, made in December One Thousand Six Hundred Seventy-six, by Thomas Brown the Executor of John Brown, the Executor of Samuel Brown the surviving Trustee, to Mr. Philip Foley, was a Breach of Trust; and therefore it is Adjudged and Decreed, That a new Term, for the Residue of One Thousand Years for which the original Demise was made, ought to be created, and vested in Thirteen new Trustees, as to the said Right of Nomination of a Preacher or Curate; which Thirteen Trustees shall be nominated by a Master of the Court of Chancery, subject to the Direction of that Court; and that both Parties shall be at Liberty to propose proper Persons before the Master, to be Trustees; and that Four of the said Trustees, at the least, be Clergymen of the same Counry, or Diocese, in which the said Parish of Kinfare lies; and that a proper Demise, or Giant, of the said Nomination, to the said Trustees, be prepared by the Master, and executed by the Appellant Foley when he shall come of Age, or by his Heirs; and that the same be enrolled in the Court of Chancery, and likewise entered in the Register of the Bishop of the Diocese; and the making such Grant, and the enrolling and entering thereof, is to be at the Charge of the Appellant, or his Heirs: And it is further Ordered, That whenever the Number of the said Trustees shall be reduced to Nine, then, or as soon after as conveniently may be, the Survivors, or the major Part of them, shall choose so many new Trustees as shall make up the full Number of Thirteen; and that, when such new Trustees shall be chosen, proper Conveyances shall be executed, to vest the said Nomination in all the Thirteen Trustees, during the Residue of the Term: And it is further Declared, That, as soon as the Representative of the surviving Trustee can be found, he ought to assign to the same Trustees the Reversionary Interest in the Thousand Years Term, to which the Rent of Fifty Pounds per Annum, reserved on the Re-demise to John Whorwood Esquire, is incident: And it is further Ordered and Adjudged, That, in the mean Time, the said Rent be from Time to Time paid to the Trustees who shall be nominated as aforesaid; and that the First Trustees, with all convenient Speed after they shall be settled, shall appoint a Curate for the said Parish of Kinsare; and that, in the mean Time, Richard Bate the present Curate do continue to officiate as such, and be allowed the Salary for the Time he has officiated or shall officiate; and it is recommended to the said Trustees, to nominate him the First Curate, he being the Relator, at whose Suit the Trust has been restored and established: And it is further Ordered, That, as often as any future Vacancy of a Curate shall happen, the same shall be supplied by the Trustees for the Time being, or the major Part of them; and that the Court of Chancery do give proper Directions touching the Arrears of the said Annuity for the Time past; and likewise such other Directions from Time to Time, as shall be proper, for the better executing this Judgement.

Adjourn.

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

DIE Sabbati, 2^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Harcourt's Petition referred to Judges.

Upon reading the Petition of Philip Harcourt Esquire; praying Leave to bring in a Bill, for settling Two Fourth Parts of an Annual or Fee-farm Rent, of Eighty-two Pounds, Eight Shillings, and Two Pence, out of the Manor of Kingswood, in the County of Wilts, to the like Uses, Trusts, and Purposes, as the Premises called Johnson's Farm, or Johnson's Ground, situate in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, are subject or limited, by a Codicil annexed to the Will of Dame Elizabeth Harcourt, the Petitioner's Grandmother; and that the same Premises called Johnson's Farm, or Johnson's Grounds, may be vested in Simon Lord Viscount Harcourt and his Heirs, freed and discharged of and from the several Uses, Limitations and Trusts, declared or limited of or concerning the same, by the said Codicil:

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

Papers from Navy-office delivered.

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in.

And delivered, at the Bar, some Papers, pursuant to their Lordships Orders; and acquainted the House, They were all that were required, except One relating to the Account of Ships, and the Companies of Men borne and mustered on them, which have been kept in Sea Pay since Michaelmas 1717, while the Ships were laid up during the Winter, or for any considerable Repair; which would be ready in a short Time."

And withdrew.

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

"An Account of the Number of Men borne and mustered in each Year, on board His Majesty's Ships of War, or other Vessels in the Public Service, from the 31st of December 1717, to Michaelmas last.

2. An Accompt of the Increase of the Debt of the Navy, from the Year 1710, to the Year 1721; together with the Increase of the Debt of the Navy in each of the Years, from the said Year 1710, to the Year 1721.

3. An Accompt of what South Sea Stock lay in the Hands of the Treasurer of the Navy, on the Second of August 1714, or any other Money applicable to the Uses of the Navy; and to what Uses the same were applicable, and how applied; which Accompt is carried on from Second of August to the 31st December 1714."

Ordered, That the several Papers this Day delivered be referred to the Committee of the whole House appointed to take into further Consideration the Causes of contracting so large a Navy Debt.

Then the said Commissioners were called in again; and examined, why the Papers now delivered were not sooner prepared.

And being directed "to cause that remaining to be prepared with all possible Dispatch:"

They withdrew.

And, after some Time, were called in a Third Time, to explain the Paper giving an Accompt of the Nett Debt of the Navy.

And withdrew.

Ordered, That the Commissioners of the Navy do lay before this House, an Account of what Number of Men were provided for by Parliament, from the Year 1717, and every subsequent Year, to the Year 1721 included.

And also, an Accompt of the Gross and Nett Debt of the Navy, as it stood in the Year 1710.

Causes of Navy Debt to be considered.

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, being read:

It is Ordered, That the House be put into the said Committee on Tuesday next; and the Lords to be summoned; and that the Business appointed for that Day be put off to the Thursday following; and the Lords to be summoned then to attend.

Steeple and Tyneham Churches, to unite, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for uniting and consolidating the Parish Churches of Stypul, alias Steeple, and Tyneham, within the Isle of Purbeck, in the County of Dorset."

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. Holford and Mr. Borret:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4^o. Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with a Bill; and to return Tabuteau and Murat Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Auguste Tabuteau and Joseph Murat;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Also, a Message from the House of Commons, by Sir Thomas Johnson and others:

With a Bill, intituled, "An Act for naturalizing Lucas Steinman;" to which they desire the Concurrence of this house.

Bishops of Bangor and Glocester take the Oaths.

This Day Richard Lord Bishop of Bangor and Joseph Lord Bishop of Glocester 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.

Yale versus Regem, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Ninth of November last, wherein Katherine Yale Widow, Relict and Administratrix of Elibu Yale Esquire, lately deceased, is Plaintiff, and the King Defendant, in order to reverse a Judgement given in the Court of Exchequer; and also a Judgement given in the Exchequer Chamber, affirming the said Judgement for the Defendant in Error; 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 Judgement given in the Court of Exchequer, and the said Judgement given in the Exchequer Chamber, affirming the same, be, and are hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as it no such Writ of Error had been brought into this House.

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

"Sed quia Cur: Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam præfat. Katherinæ Yale, quam præd. Attorn. Domini Regis nunc General. (pro eodem Domino Rege), coram eadem Cur. Parliamenti, usque Diem Lunæ, Quartum Diem Decembris, ubicunque &c. de Judicio suo inde audiend. eo quod Cur. Parliamenti præd. hic inde nondum &c.; ad quem Diem, coram eadem Cur. Parliamenti apud Westm. ven. tam præd. Katherina Yale, quam præd. Attorn. Domini Regis nunc General. in propriis Personis suis; super quo, visis et per Cur. Parliamenti præd. nunc hic plenius intellectis omnibus et singulis Præmissis, diligenterque examinatis et inspectis tam Record. et Process. præd. ac Judic. super insdem reddit. quam præd. Causis et Materiis per præd. Katherinam Yale superius pro Error. assignat. matutaque Deliberatione inde habita, videtur Cur. Parliamenti præd. nunc hic, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem Judicii super præd. Primum Breve de Error. in ullo est Erratum: Ideo consideratum est per eandein Cur. Parliamenti, quod Judicium præd. necnon Affirmatio ejusdem Judicii super præd. Primum Breve de Error. in omnibus affirmetur, ac in omnibus suis Robore et Effectu stent, dictis Causis et Materiis per præfar. Katherinam Yale superius pro Error. assign. in aliquo non obstantibus; ac superinde Record. et Process. præd. in eadem Curia Parliamenti in Præmissis habita, per eandem Cur. Parliamenti, Baronibus Cur. Domini Regis de Scaccario remittuntur &c."

Papers from the Navy-office delivered.

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in.

And delivered; at the Bar, some Papers, pursuant to their Lordships Orders; and acquainted the House, "They were all that were required."

And withdrew.

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

1. An Account of the Ships, and the Companies of Men borne and mustered on them, which have been kept in Sea Pay, since Michaelmas One Thousand Seven Hundred and Seventeen, while the Ships were laid up during the Winter, or for any considerable Repair.

2. An Account of what Number of Men were provided for by Parliament, from the Year One Thousand Seven Hundred and Seventeen, and every subsequent Year, to the Year One Thousand Seven Hundred Twenty-one included.

"3. An Estimate of the Debt of Her Majesty's Navy, as it stood on the Thirtieth of September One Thousand Seven Hundred and Ten."

Papers referred to Committee.

Ordered, That the several Papers this Day delivered be referred to the Committee of the whole House to whom the further Consideration of the Causes of contracting so large a Navy Debt (fn. 1) stands committed.

Adjourn.

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

DIE Martis, 5^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Newton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Elizabeth and Margaret Newton, Infants, during their Minority (with Consent of Trustees), to grant and fill up Leases of Part of the Estate late of John Newton Esquire, their Father, deceased."

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

Steinman, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Lucas Steinman."

Kruger and Boon, to be added to Nat. Bill.

A Petition of Paul Kruger and Henry Boon; praying to be added to the Bill, intituled, "An Act for naturalizing Lucas Steinman," was presented to the House, and read.

And ordered to lie on the Table, till the said Bill be read a Second Time.

Causes of Navy Debt considered:

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt; and the Lords to be summoned; being read:

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

After some Time spent therein, the House was resumed.

Motion, that the employing more Seamen than were provided for by Parliament was One Cause of it.

Then a Motion was made, "That the employing great Numbers of Seamen, for several Years last past, more than were provided for by Parliament, was One great Cause of contracting so large a Navy Debt; and of increasing the same from the Sum of Seven Hundred Sixty Four Thousand Eighty-eight Pounds, Three Shillings, and Eleven Pence, which was the Nett Debt of the Navy on the Thirty-first of December One Thousand Seven Hundred and Seventeen, to the Sum of One Million Six Hundred Forty-one Thousand Nine Hundred Thirty-seven Pounds; Seventeen Shillings, and Eight Pence Three Farthings, which was the Nett Debt of the Navy on the Thirtieth of September last."

And a Question being stated thereupon:

After Debate;

The previous Question was put; "Whether the said Question shall be now put?"

It was Resolved in the Negative.

Protest against rejecting it.

Dissentient.

Because, the main Question being so true in every Particular, that, as we could observe, the Truth thereof was not denied by any Lord in the Debates; but seems to us to be admitted, by the proposing and carrying the previous Question; we think it highly expedient, that the main Question should have been put, and voted in the Affirmative; to the End we might have expressed our Disapprobation, at least, of the Practice of employing much greater Numbers of Seamen in the Fleet, for several Years last past, than were provided for by Parliament (when the Occasions for employing them could not, in our Opinion, but be foreseen); and, by such our Disapprobation, might have discouraged, in some Measure, that Practice for the future; and prevented the increasing the Navy Debt again, by the like Proceeding.

"Strafford.
Trevor.
Aberdeen.
Bristol.
Fran. Cestriens.
Cowper.
Litchfield.
Fra. Roffen.
Boyle.
Gower.
Bathurst.
North & Grey.
Guilford.
Uxbridge.
Aylestord.
Foley.
St. John de Bletsoe.
Bingley."

Navy Debt to be further considered.

Ordered, That the House be put into a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, on Thursday Sevennight.

Adjourn.

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

DIE Mercurii, 6^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Minshul's Pet. concerning the E. of Bristol's Privilege:

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Petition of Richard Minshull Esquire; praying, "That the Earl of Bristol may not be at Liberty to re-assume his Privilege, which, as is alledged in the said Petition, he had waived by Consent; but that the Petitioner may proceed to cause the Errors assigned by the said Earl, in Reversal of a Judgement obtained by the Petitioner, to be argued in the Court of King's Bench," was referred: "That the Committee, on Consideration of the said Petition, had directed him to move the House, That the Judges of the Court of Common Pleas may attend the Lords Committees for Privileges, on Monday next."

And his Lordship further acquainted the House, "That the said Committee, thinking it necessary to examine Mr. Serjeant Pingelly and Mr. Serjeant Reynolds, Members of the House of Commons, in relation to the Matter of the said Petition, had directed him to move, That a Message be sent to the House of Commons, to desire that that House will give Leave to the said Mr. Serjeant Fingelly and Mr. Serjeant Reynolds, to attend the said Committee, in order to their giving Evidence before their Lordships, in relation to the Matter of the said Petition:

And his Lordship moving accordingly:

Judges, Common Pleas to attend about it;

It is Ordered, That the Judges of the Court of Common Pleas do attend the Lords Committees for Privileges, on Monday next.

Message for Members H. C. to attend Committee Privileges about it also.

And a Message was sent to the House of Commons, by Mr. Holford and Mr. Lightboun:

To desire, "That they will give Leave that Mr. Serjeant Pingelly and Mr. Serjeant Reynolds, Members of their House, may attend the Lords Committees for Privileges, in order to their giving Evidence before the said Committee, in relation to the Matter of a Petition of Richard Minshull Esquire, touching the Privilege of the Earl of Bristol, referred to the Consideration of that Committee."

Kruger and Boon take the Oaths.

This Day Paul Kruger and Henry Boon took the Oaths appointed, in order to their Naturalization.

Mutiny Bill:

Whereas Saturday next is appointed, for the Second Reading of the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:"

Judges to attend.

It is Ordered, That the Judges do then attend.

Glastonbury Commons, to enclose, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enclosing Glastonbury Commons, in the County of Somerset."

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Messages from H C. with Bills.

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

With a Bill, intituled, "An Act for empowering the Feoffees under the Will of John Marshall deceased, to dispose of the Money in their Hands, for the rebuilding of the Parish Church of Christ Church, in the County of Surrey; and to enable the Churchwardens and Inhabitants of the said Parish to make Rates, for the Maintenance of a good and able Minister there;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for naturalizing Samuel Palmer;" to which they desire the Concurrence of this House.

City of London, Petit on against Quarentine Act.

A Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, was presented to the House, and read; setting forth, "That it appearing, by the Inspection of the Journal of this House, that their Lordships have now under Consideration the Amendment of an Act passed in a late Session of Parliament, intituled, "An Act for repealing an Act made in the Ninth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act to oblige Ships coming from Places infected more effectually to perform their Quarentine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the spreading of Infection:" That the Petitioners conceive, that, in some Clauses of that Act, not only the Rights, Privileges, and Immunities, but the Trade, Safety, and Prosperity of the City of London, are highly concerned;" and praying, "That they may be heard, by their Counsel or otherwise, in relation to the said Act, at such Time, and in such Manner, as their Lordships shall judge most proper and expedient."

And a Motion being made, "That the said Petition be rejected:"

After Debate;

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

It was Resolved in the Affirmative.

Protest against rejecting it.

"Dissentient.

"1st, Because the Liberty of petitioning the King (much more that of petitioning either House of Parliament) is the Birth-right of the free People of this Realm, claimed by them, and confirmed to them, soon after the Revolution, in an Act, declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown; and whenever any remarkable Check hath been given to the free Exercise of this Right, it hath always been attended with ill Consequences to the Public.

2dly, Because the Petition so rejected was, in our Opinion, every ways proper and unexceptionable, both as to the Manner of wording and presenting it, and the Matter to which it referred; nothing being more natural and reasonable, than that any Corporate Body should, if they desire it, be heard upon any Bill under the Consideration of Parliament, whereby they judge their particular Interests to be highly, though not solely, affected. This Liberty we remember to have been granted in a late Session to the Traders of Norwich, upon their Petition touching the Callico Bill; nor are we aware that it hath ever, in like Circumstances, been refused to the meanest Corporation in the Kingdom: But, if it had, we humbly conceive, that in this Case a Distinction might have been made in Favour of the City of London, which being the Center of Credit, of the Trade and monied Interest of the Kingdom; and the Place where the Plague, should we be visited by it, is most likely first to appear; and having also remarkably suffered by means of the late fatal South Sea Scheme, was, we think, in a particular Manner, entitled to apply for Relief against some Clauses in the Quarentine Act, and deserved to have been treated on that Occasion with more Indulgence and Tenderness.

3dly, Because the rejecting the said Petition tends, we conceive, to discountenance all Petitions for the future, in Cases of a public and general Concern; and, by that Means, to deprive the Legislature of proper Lights, which they might otherwise receive; it being no ways probable, that Subjects, or Societies of less Consideration, will venture to represent their Sense in Cases of like Nature, after the City of London have been thus refused to be heard.

4thly, Because, as the receiving this Petition could have had no ill Consequences, as we conceive, nor have given any great Interruption to the Business of Parliament; so the rejecting it may, we think, widen the unhappy Differences that have arisen, and increase the Disaffection to the Government, which hath already too much prevailed in this Kingdom.

5thly, Because the Arguments used in the Debate seem to us not to be of sufficient Force; for we cannot conceive, that, because the said Act of Quarentine is a general Act, therefore no particular Community or City, who think they may in a distinguishing Manner be prejudiced by it, have a Right to be heard in relation to it, and that at a Time when it is under the Consideration of Parliament: Nor can we be of Opinion, that a Petition, agreed on by the Lord Mayor, Aldermen, and Citizens of London, in Common Council assembled, and presented, not even by the Numbers allowed by Law, but by a Lord of this House, can possibly be a Prelude or Example towards introducing tumultuous Petitions; much less can we see why it ought the rather to be rejected, because it came from so great a Body as the City of London: On the contrary, we apprehend, that an universal Grievance, which may be occasioned by any general Act, must be represented to the Legislature by particular Persons or Bodies Corporate, or else it cannot be represented at all; that the rejecting such Petitions, and not the receiving them, is, we think, the Way to occasion Disorders and Tumults; and that, the more considerable the Body is, the more Regard should be had to any Application they make, especially for Matters wherein not only the Rights, Privileges, and Immunities, but also their Trade, Safety, and Prosperity, are, as the Petition avers, highly concerned.

"North & Grey.
Bristol.
St. John de Bletsoe.
Aylesford.
Strafford.
Trevor.
Aberdeen.
Fran. Cestriens.
Boyle.
Guilford.
Gower.
Cowper.
Bingley.
Bathurst.
Fra. Roffen.
Uxbridge.
Litchfield.
Coningesby."

Commerce with infected Countries, to prohibit, Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague," being read:

It is Ordered, That the House be put into a Committee thereupon, To-morrow; and the Lords to be summoned.

Commons Answer relating to Members Attendance.

The Messengers sent to the House of Commons, to desire, "That they will give Leave, that Mr. Serjeant Pingelly and Mr. Serjeant Reynolds may attend the Lords Committees for Privileges," return Answer, That they will send an Answer by Messengers of their own."

Adjourn.

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

DIE Jovis, 7^o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Church of Christ Church, to rebuild, Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for empowering the Feoffees under the Will of John Marshall, deceased, to dispose of the Money in their Hands, for the re-building of the Parish Church of Christ Church, in the County of Surrey; and to enable the Churchwardens and Inhabitants of the said Parish to make Rates, for the Maintenance of a good and able Minister there."

Referred to Judges.

Upon the First Reading of the said Bill:

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

Message from H. C. with a Bill.

A Message from the House of Commons, by Colonel John Camphel and others:

With a Bill, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Elgine, and Privileges thereof, for paying the public Debts of the said Town; and for other the Purposes therein mentioned;" to which they desire the Concurrence of this House.

Attorney General et al. versus Sutton and Paman:

The House being moved, on the Behalf of John Sutton and Thomas Paman, an Infant, by Anne Paman his Guardian, Respondents to the Petition and Appeal of His Majesty's Attorney General, at the Relation of Thomas Folkes and Charles Battely Esquires, "That the Judges may attend the Hearing of the said Cause, which stands appointed for Monday next, in regard the same depends on a Point of Law:"

Judges to attend.

It is Ordered, That the Judges do attend the said Hearing, as desired.

The Orders of the Day being read:

Building Ships of Force for Foreigners, to be considered.

It is Ordered, That this House will, on Tuesday next, take into Consideration the Practice of building Ships of Force for Foreigners; and the Judges to attend.

King's Speech to be further considered.

Ordered, That this House will, on Wednesday next, take into further Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned.

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 let the Commons know, "It is His Majesty's Pleasure, they attend Him, immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction, in relation to the Land-Tax Bill to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow:

Bills passed.

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

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

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

"2. An Act for naturalizing Benedictus Detelef Von Thienen and Melusine Baroness of Schoulenbourg."

"3. An Act for naturalizing Jeanne Coltee Du Carel and others."

"4. An Act for naturalizing Auguste Tabuteau, Joseph Murat, and others."

To these Bills the Royal Assent was pronounced, severally, in these Words; (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.

Commerce with infected Countries, to prohibit, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had made some Progress in the said Bill; and directed him to move, that they may have Leave to sit again."

Ordered, That the House be put into a Committee again upon the said Bill, on Monday next; and that the Cause appointed for that Day be heard on the Friday following; and the Judges to attend.

Motion for Physicians to attend.

A Motion was made, "That some Physicians may be ordered to attend on Monday next, upon the further Consideration of the before-mentioned Bill."

And it being moved, "To adjourn:"

The Question was put, "Whether this House shall be now adjourned till To-morrow Morning, Eleven a Clock?"

It was Resolved in the Affirmative.

Accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Decembris, hora undeoima Auroræ, Dominis sic decernentibus.

DIE Veneris, 8^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to the Lords proceeding to the Abbey Church, Westminster, for the Observation of this Day; being, by His Majesty, appointed to be observed as a Day of Fasting and Humiliation;

Adjourn.

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

DIE Sabbati, 9^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Steinman Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Lucas Steinman."

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 Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Kruger and Boon's Pet. referred to Committee.

Ordered, That the Petition of Paul Kruger and Henry Boon, which was ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee; and that their Lordships be empowered to admit the Petitioners into the said Bill, if they think sit.

Papers and Books from Secretary at War delivered.

The House being informed, "That Mr. Arnold, from the Secretary at War's Office, attended:"

He was called in; and delivered, at the Bar, some Books and Papers, pursuant to their Lordships Orders of the Thirtieth of November last.

And withdrew.

The Titles whereof were read, as follow; (videlicet,)

"1. An Account of the Forces now in His Majesty's Pay in Great Britain; with the Numbers of Commission and Non-Commission Officers, and Private Men, in each Regiment, Troop, and Company."

"2. An Account of Vacancies in the Army.

"3. Lists of the Officers on Half Pay, in the Years 1715, 1716, 1717, 1718, 1719, 1720, and 1721, in Seven Books."

4. A true Copy of the Rules and Articles of War."

The Earl of Cadogan acquainted the House, "That the said Rules and Articles, now delivered, are an attested Copy of those which were signed by His Majesty, and counter-signed by the Secretary at War; and are the same as were established for this present Year, and are intended to be established by His Majesty for the Year ensuing."

And thereupon the said Rules and Articles of War were read.

Mutiny Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Wheeler to attend Committee Privileges.

Ordered, That George Wheeler Esquire, One of the Secondaries of the Court of Common Pleas, do attend the Lords Committees for Privileges on Monday next, with the Minutes in the Cause between Mr. Minshull and the Earl of Bristol, on which the Rule of Court, in relation to the Privilege of the said Earl, was drawn up; and that he do bring with him the Affidavits of Thomas Harris and Henry Warburton.

Thanks to Bp. of Norwich, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Norwich, for the Sermon by him preached before this House, in the Abbey Church, Westminster, Yesterday; and he is hereby desired to cause the same to be forthwith printed and published.

Adjourn.

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

DIE Lunæ, 11^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Elgine Duty on Beer, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling, upon every Scotts Pint of Ale or Beer that shall be brewed for Sale, vended, or tapped, within the Town of Elgine, and Privileges thereof, for paying the public Debts of the said Town; and for other the Purposes therein mentioned."

Palmer's Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Palmer."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Third Year of His present Majesty's Reign, for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampstead, in the County of Middlesex;" to which they desire the Concurrence of this House.

Commerce with infected Countries, to prohibit, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague."

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 some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the Report of the said Amendments be received on Wednesday next; and the Lords to be summoned, with Notice of the Occasion.

Mutiny Bill:

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the Punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:"

Lords summoned.

It is Ordered, That the Lords be summoned then to attend."

Adjourn.

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

DIE Martis, 12^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Perry et Ux. Petition referred to Judges.

Upon reading the Petition of Thomas Perry of Colchester in the County of Essex Esquire, and of Anne his Wife; praying Leave to bring in a Bill, to discharge a Settlement of certain Lands and Tenements, in the said County, upon the Petitioner and his Heirs, 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 Mr. Justice Blencoe and Mr. Justice Tracy; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Sir J. Morgan et al. Petition referred to Judges.

Upon reading the Petition of Sir John Morgan Baronet, an Infant, by Dame Anne Morgan his Mother and Guardian, Delarivere Morgan Spinster, John Walsham Esquire, Thomas Clutton Esquire and Annaretta his Wife, Dame Pricilla Childe, and William Edwards Clerk, Executor of the last Will of Sir Lacon William Childe Knight, deceased; praying Leave to bring in a Bill, for Sale of certain Premises in the County of Radnor; and "that the Monies arising thereupon may be applied towards Payment and Satisfaction of the Portions and Legacies in the Petition mentioned; and that the Overplus (if any be) be paid to the Lady Morgan, for the Use of Sir John the Infant:"

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. Baron Price and Mr. Justice Dormer; 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.

Mutiny Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:"

And the House being moved, "That it be an Instruction to the said Committee, to reduce the Number of Officers, or Soldiers, or both:"

And a Question being stated thereupon:

After Debate;

The Question was put, "That it be an Instruction to the Committee of the whole House to whom the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters," stands committed, to reduce the Number of Officers, or Soldiers, or both?"

It was Resolved in the Negative.

Then a Motion being made, and the Question being put, "That it be an Instruction to the said Committee, to insert the Articles of War in the Body of the said Bill?"

It was Resolved in the Negative.

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

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

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

Ordered, That To-morrow this House shall be put into a Committee again, to consider further of the said Bill; and the Lords to be summoned, with Notice of the Occasion.

Adjourn.

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

DIE Mercurii, 13^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Harcourt, Leave for a Bill.

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

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

Commerce with infected Countries, to prohibit, Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague," was committed; the Amendments made by the Committee to the said Bill, as follow:

Press 2. Line 5. leave out from ["Times"] to ["under"], in the Tenth Line of the same Press; and, instead thereof, insert ["before or until the Five and Twentieth Day of March which shall be in the Year of our Lord One Thousand Seven Hundred and Twenty-three, as shall be specified in such Proclamation or Proclamations."]

"L. 40. Leave out from ["Times"] to ["under"], in the Second Line of the Third Press; and instead thereof insert ["before or until the said Twentyfifth Day of March One Thousand Seven Hundred Twenty-three, as shall be specified in such Proclamation or Proclamations."]

"At the End of the Bill, add Clause marked +.

"+ And be it further Enacted, by the Authority aforesaid, That an Act, passed in the Seventh Year of His present Majesty's Reign, intituled, "An Act for repealing an Act made in the Ninth Year of Her late Majesty Queen Anne, intituled, An Act to oblige Ships coming from Places infected more effectually to perform their Quarantine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the spreading of Infection," or any Thing therein contained, shall not continue in Force any longer than until the said Twenty-fifth Day of March One Thousand Seven Hundred Twenty-three; any Thing in the said Act contained to the contrary in any wife notwithstanding.

To the Title of the Bill, add, ["And for shortening the Continuance of an Act, passed in the Seventh Year of His Majesty's Reign, intituled, "An Act for repealing an Act made in the Ninth Year of Her late Majesty Queen Anne, intituled, An Act to oblige Ships coming from Places infected more effectually to perform their Quarantine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the spreading of Infection."]

Which Amendments were read Twice by the Clerk; and severally agreed to by the House.

Motion for a Bill to repeal Part of the Quarantine Act.

The House being moved, "To give Leave, that a Bill be brought in, for the Repeal of so much of an Act, passed in the Seventh Year of the Reign of His present Majesty, intituled, "An Act for repealing an Act made in the Ninth Year of Her late Majesty Queen Anne, intituled, An Act to oblige Ships coming from Places infected more effectually to perform their Quarantine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the spreading of Infection," as gives a Power to remove to a Lazaret, or Pest-house, any Persons whatsoever infected with the Plague; or healthy Persons out of an infected Family, from their Habitations (though distant from any other Dwelling-house;") and also so much of the said Act as gives Power for the drawing Lines or Trenches round any City, Town, or Place, so infected."

And a Question being stated thereupon:

After Debate;

The Question was put, "That a Bill be brought in, for the Repeal of so much of an Act, passed in the Seventh Year of the Reign of His present Majesty, intituled, "An Act for repealing an Act made in the Ninth Year of Her late Majesty Queen Anne, intituled An Act to oblige Ships coming from Places infected more effectually to perform their Quarantine; and for the better preventing the Plague being brought from Foreign Parts into Great Britain or Ireland, or the Isles of Guernsey, Jersey, Alderney, Sark, or Man; and to hinder the spreading of Infection," as gives a Power to remove to a Lazaret, or Pest-house, any Persons whatsoever infected with the Plague; or healthy Person out of an infected Family from their Habitations (though distant from any other Dwelling-house);" and also so much of the said Act as gives Power for the drawing Lines or Trenches round any City, Town, or Place, so infected?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"1st, Because the Powers specified in the Question seem to us such as can never wisely, or usefully, be put in Execution; for, by the First of them, Persons of what Rank or Condition so ever, either actually infected, or being in the same Habitation, though in lone Houses, where they are well accommodated, and from whence there is no Danger of propagating the Infection, may be forcibly removed into common Lazarets, or Pest-houses; and it does not appear to us that such a Power could at any Time be reasonably executed; and therefore, we conceive, it should be repealed.

"The other Power extends to the drawing of Lines around any City, Town, or Place, and consequently around the Cities of London and Westminster; the very Apprehension of which, upon the least Rumour of a Plague, would disperse the Rich, and by that Means (as well as by hindering the free Access of Provisions) starve the Poor, ruin Trade, and destroy all the Remains of private and public Credit.

2dly, Because such Powers as these are utterly unknown to our Constitution, and repugnant, we conceive, to the Lenity of our mild and free Government; a tender Regard to which was shewn by the Act Jacobi Primi, which took Care only to confine infected Persons within their own Houses, and to support them under that Confinement; and lodged the Execution of such Powers solely in the Civil Magistrate: Whereas the Powers by us excepted against, as they are of a more extraordinary Kind, so they will probably (and some of them must necessarily) be executed by Military Force; and the violent and inhuman Methods, which on these Occasions may, as we apprehend, be practised, will, we fear, rather draw down the Infliction of some new Judgement from Heaven, than contribute any Ways to remove that which shall then have befallen us.

"3dly, Because, we take it, these Methods were copied from France, a Kingdom whose Pattern, in such Cases, Great Britain should not follow; the Government there being conducted by Arbitrary Power, and supported by Standing Armies; and to such a Country, such Methods do, in our Opinion, seem most suitable; and yet, even in that Kingdom, the Powers thus exercised of late have been as unsuccessful as they were unprecedented; so that no neighbouring State hath any Encouragement from thence to follow so fatal an Example. In the last Plague with which we were visited, Anno Domini 1665, though none of these Methods were made Use of, much less authorized by Parliament; yet the Infection, however great, was kept from spreading itself into the remoter Parts of the Kingdom; nor did the City of London, where it first appeared and chiefly raged, suffer so long, or so much, in Proportion to the Number of its Inhabitants, as other Cities and Towns in France have suffered, where these cruel Experiments have been tried.

"4thly, Because, had such Part of the Act, as we think should be repealed, been accordingly repealed, there would still have remained in it a general Clause, which gives the Crown all Powers necessary to prevent the spreading of Infection; and consequently these very Powers among the rest, if they shall be found necessary: And therefore there is no Need, we conceive, to have them expressly granted in the same Act of Parliament, which seems not only to warrant, but in a particular Manner to prescribe and direct, the Use of them.

5thly, Because the great Argument urged for continuing these Powers specified in the Question (that they would probably never be put in Execution in the Cases objected to) seems to us a clear Reason why they should not be continued; for we cannot imagine why they should stand enacted, unless they are intended to be executed; or what Use it will be to the Public, to keep the Minds of the People perpetually alarmed with those Apprehensions under which they now labour, as appears by the Petition from the City of London lately rejected. It may be an Instance of our great Considence in His Majesty's Wisdom and Goodness, when we trust Him with such Powers unknown to the Constitution: But we think it ill becomes us to repose such Trust, when it tends, in our Opinion, rather to render Him terrible than amiable to His Subjects; and when the only Advantage He can (as we conceive) draw from the Trust reposed in Him is, not to make Use of it.

"W. Ebor.
Strafford.
Aberdeen.
Bristol.
Guilford.
North & Grey.
Coningesby.
Trevor.
Boyle.
St. John de Bletsoe.
Cowper.
Weston.
Uxbridge.
Bathurst.
Fran. Cestriens.
Gower.
Bingley.
Aylesford.
Fra. Roffen.
Foley."

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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 some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

The Order of the Day being read:

King's Speech to be further considered.

It is Ordered, That this House will, on Tuesday next, take into further Consideration His Majesty's most Gracious Speech from the Throne; and the Lords to be summoned, with Notice of the Occasion.

Causes, Navy Debt, to be considered.

Whereas To-morrow is appointed, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt:

It is Ordered, That the House be put into the said Committee on Thursday Sevennight.

Attorney General & al. versus Sutton and Paman:

Whereas Friday next is appointed, for hearing the Cause wherein His Majesty's Attorney General, at the Relation of Thomas Folkes and Charles Battely Esquires, are Appellants, and John Sutton and Thomas Paman an Infant, by Anne Paman his Guardian, are Respondents:

Judges to attend.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and the Judges to attend.

Building Ships for Foreigners to be considered.

Ordered, That this House will, on Thursday Sevennight, take into Consideration the building Ships of Force for Foreigners; and the Judges to attend.

Harcourt's Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to vest Two Fourth Parts of a Fee-farm Rent of Eighty-two Pounds, Eight Shillings, and Two-pence, issuing out of the Manor of Kingswood, in the County of Wilts (of which Two Fourth Parts the Lord Viscount Harcourt is seised in Fee) in Trustees, to the like Uses as a Messuage and Lands called Johnson's Farm, in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, were devised by Dame Elizabeth Harcourt, Widow, deceased; and, in Lieu thereof, for vesting the said Premises called Johnson's Farm in the said Lord Viscount Harcourt and his Heirs."

Glastonbury Commons, to enclose, Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for enclosing Glastonbury Commons, in the County of Somerset:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next.

Adjourn.

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

DIE Martis, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

River Elen, navigable, Bill.

A Message from the House of Commons, by the Lord Morpeth and others:

With a Bill, intituled, "An Act for making the River Eden navigable, to Bank End, in the County of Cumberland;" to which they desire the Concurrence of this House.

Messages from H. C. with Bills; and to return the Bill for uniting Steeple and Tyncham Churches.

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

With a Bill, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money, by Way of a Lottery, for the Service of the Year One Thousand Seven Hundred Twenty-two; and for transferring the Deficiencies of a late Malt Act to the Land Tax for the said Year; and for giving Time for inserting the Money given with Apprentices in their Indentures; and touching lost Bills, Tickets, or Orders; and for exchanging the Tickets in the Exchequer for Certificates; and for suppressing Lotteries denominated Sales, and other private Lotteries; and for enlarging the Time for the Accomptant General of the Bank to return Duplicates of Annuities into the Exchequer;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only; and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, An Act for naturalizing "Christopher Schele;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for uniting and consolidating the Parish Churches of Stypul, alias Steeple, and Tyneham, within the Isle of Purbeck, in the County of Dorset;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Lady Wentworth & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of the Lady Elizabeth Wentworth, in Behalf of her Son Sir Butler Cavendish Wentworth Baronet, a Minor under the Age of Thirteen Years, Susanna Wentworth Widow, Darcy Wentworth and Richard Wentworth Esquires, 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 Sale of Part of Sir John Wentworth's Estate, towards raising Part of the Sum of Ten Thousand Pounds, for the Purposes therein mentioned."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the Great Post Road, from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester;" to which they desire the Concurrence of this House.

Commerce with infected Countries, to prohibit, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons by Mr. Conway and Mr. Edwards:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Earl of Staffold and his Brother's Petition referred to Judges.

Upon reading the Petition of William Earl of Stafford, and John Paul Stafford his Brother; praying Leave to bring in a Bill, for vesting Stafford House, and Seven Acres of Land thereunto near adjoining, in the Parish of St. Margaret, Westminster, in the County of Middlesex, in Trustees, to be sold, for raising-Money, towards Payment of a Mortgage Debt of Seventeen Thousand Pounds:

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

River Eden navigable, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the River Eden navigable, to Bank End, in the County of Cumberland."

Mutiny Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters," was committed; the Amendments made by the Committee to the said Bill, as follow:

"Press 1. Line 7th. After ["Foot"], insert ["consisting of Twelve Thousand Four Hundred and Thirty-four Effective Men, Commission and Non-commission Officers included; and Eighteen Hundred and Sixty Invalids, Commission and Non-commission Officers included; employed in His Majesty's Service, in Great Britain, and the Isles of Jersey and Guernsey"].

"Line 8th. Leave out from ["Kingdom"] to ["and"], in the Tenth Line.

"Press 3. Lines 15th and 16th. Leave out ["where the Offence may be punished by Death."]

"Pr. 26. L. 24. Leave out from ["cashiering"] to ["Provided"], in the 30th Line of the same Press.

"Pr. 27. L. 3. Leave out from ["Trial"] to ["and"], in the 18th Line."

"L. 23. Leave out from ["Offender"] to ["every"], in the 27th Line of that Press."

Which Amendments were read Twice by the Clerk, and severally agreed to by the House.

Ordered, That the said Bill, and Amendments, be read the Third Time To-morrow.

King's Speech further considered:

The House (according to Order) proceeded to take into further Consideration His Majesty's most Gracious Speech from the Throne.

Motion for an Address for L. Torrington's Instructions, concerning the Action against the Spanish Fleet.

A Motion was made, "That an humble Address be presented to His Majesty, humbly to desire that His Majesty would be graciously pleased to give Orders to the proper Officers, that the Instructions given to Sir George Byng, now Lord Viscount Torrington, in relation to the Action against the Spanish Fleet in The Mediterranean, may be laid before this House."

And a Question being stated thereupon:

After Debate;

The Question was put, "That an humble Address be presented to His Majesty, humbly to desire that His Majesty would be graciously pleased to give Orders to the proper Officers, That the Instructions given to Sir George Byng, now Lord Viscount Torrington, in relation to the Action against the Spanish Fleet in The Mediterranean, may be laid before this House?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"1st, Because, not finding any Instance, on Search of the Journals, we believe there is none, wherein a Motion for Admirals Instructions to be laid before the House has been denied; but, on the contrary, there are many Precedents of Instructions of a like Nature, and in stronger Cases, as we conceive, addressed for by the House, and several in Point for Instructions given to Admirals, particularly to Sir George Rooke and Sir Cloudesby Shovel; nor does it seem to us at all material, whether the Conduct of such Admirals had, or had not, been blamed before such Instructions were asked for; since the Sight of Instructions may be previously and absolutely necessary, to inform the House whether their Conduct be blameable or not.

"2dly, Because we think it highly reasonable, that those Instructions should be laid before this House, upon which the Action of the British against the Spanish Fleet, in The Mediterranean, was founded, without any previous Declaration of War; and even whilst a British Minister, a Secretary of State, was amicably treating at Madrid; which Court might justly conclude itself secure from any hostile Attack, during the Continuance of such Negotiations.

"3dly, Because, till we have a Sight of those Instructions, and are able to judge of the Reasons on which they are founded, the War with Spain, in which that Action of our Fleet involved us, does not appear to us so justisiable as we could wish; and yet it was plainly prejudicial to the Nation in sundry respects; for it occasioned an entire Interruption of our most valuable Commerce with Spain, at a Time when Great Britain needed all the Advantages of Peace, to extricate itself from that heavy National Debt it lay under: And as it deprived us of the Friendship of Spain (not easily to be retrieved), so it gave our Rivals in Trade an Opportunity to insinuate themselves into their Affections; and we conceive, that to that War alone is owing the strict Union there is at present between the Crowns of France and Spain, which it was the Interest of Great Britain to have kept always divided; an Union, which, in its Consequences, may prove fatal to these Kingdoms.

"Nor does it appear that Great Britain has had any Fruits from this War, beyond its being restored to the same Trade we had with Spain before we began it.

"W. Ebor.
Strafford.
North & Grey.
Aberdeen.
Guilford.
Bristol.
Boyle.
Uxbridge.
Bathurst.
Aylesford.
Scarsdale.
Foley.
Gower.
Weston.
Fran. Cestriens.
St. John de Bletsoe.
Cowper.
Compton.
Trevor.
19."

Ld. Harcourt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest Two Fourth Parts of a Fee-farm Rent of Eighty-two Pounds, Eight Shillings, and Two Pence, issuing out of the Manor of Kingswood, in the County of Wilts (of which Two Fourth Parts the Lord Viscount Harcourt is seised in Fee), in Trustees, to the like Uses as a Messuage and Lands, called Johnson's Farm, in the Parishes of Stanton Harcourt and Southly, or One of them, in the County of Oxon, were devised by Dame Elizabeth Harcourt Widow, deceased; and in Lieu thereof, for vesting the said Premises, called Johnson's Farm, in the said Lord Viscount Harcourt and his Heirs."

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 Monday the Eighth Day of January next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Salt Duties, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only; and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland."

Sir Ralph Milbank & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir Ralph Milbanke Baronet, Aclombe Milbanke Esquire, Cuthbert Routh Esquire and Judith his Wife, John Milbanke Esquire and Dorothy his Wife, 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 vesting Part of the Estate of Sir Ralph Milbanke Baronet in Trustees, to be sold, for performing his Father's Will, and an Agreement made with his Brother and Sisters."

Sir John Morgan & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir John Morgan Baronet, an Infant, by Dame Anne Morgan his Mother and Guardian, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein 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 vesting the Estate late of James Price, of Pilleth in the County of Radnor Esquire, deceased, in Trustees, to be sold, for Payment of several Portions and Legacies charged thereon."

Northamptonshire and Leicester Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the amending the Highways, leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thorneby, to a Bridge called Welford Bridge in the Parish of Welford, in the said County; and also the Great Post Road, from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester."

Ordered, That the said Bill be read a Second Time on Thursday next.

Glastonbury Commons, to enclose, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enclosing Glastonbury Commons, in the County of Somerset."

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 Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Addison's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts," 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.

Schele, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Christopher Schele."

Eyre's Petition referred to Judges.

Upon reading the Petition of Henry Eyre Esquire; praying Leave to bring in a Bill, to vest an Estate, in the County of Derby, in Trustees, for a Term of Five Hundred Years, for Payment of the Debts of Thomas Eyre Esquire deceased; 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 Baron of the Court of Exchequer and Mr. Baron Price; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Palmer's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Samuel Palmer."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for enclosing Glastonbury Commons stands committed.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, at the same Place; and to adjourn as they please.

Highgate and Hampstead Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend the Act passed in the Third Year of His present Majesty's Reign, for repairing the Highways from several Places therein mentioned, leading towards Highgate Gatehouse and Hampstead, in the County of Middlesex."

Steinman, Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Lucas Steinman," was committed; "That they had considered the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Falconer versus College & al. of Aberdeen.

The House was informed, "That the Principal and Masters of King's College, and the Provost, Baillies and Council of Aberdeen, and their Treasurer for the Time being, who, by Order of this House of the Thirty-first of October last, were required to put in their Answer or respective Answers to the Appeal of David Falconer of Newton Esquire, by the Twenty-eighth of November following, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service being read:

To answer preremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, by the First Day of Meeting after the Recess.

Elgine Duty on Beer, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for laying a Duty of Two Pennies Scotts, or One Sixth Part of a Penny Sterling upon every Scotts Pint of Ale or Beer, that shall be brewed for Sale, vended, or tapped, within the Town of Elgine, and Privileges thereof, for paying the Public Debts of the said Town; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the Bill for enclosing Glastonbury Commons stands committed.

Their Lordships, or any Five of them; to meet likewise on Thursday next, at the same Place; and to adjourn as they please.

Adjourn.

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

DIE Mercurii, 20^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Minshul's Petition, concerning the E. of Bristol's Privilege.

Ordered, That the Lords Committees for Privileges, to whom the Petition of Richard Minshull Esquire, in relation to the Privilege of the Earl of Bristol, was referred, do meet, and proceed in the further Consideration of the Matter of the said Petition, on Monday the Fifteenth Day of January next.

Motion for an Address concerning Ships taken from Spain.

A Motion was made, "That an humble Address be presented to His Majesty, humbly to desire, That His Majesty would be graciously pleased to give Orders to the proper Officers to lay before this House, an Account how the Ships and Vessels lately taken from Spain, in The Mediterranean, were disposed of.

"And also, Copies of the Letters and Orders sent or given, relating to the Disposal of the said Ships and Vessels."

And a Question being stated thereupon:

And a Debate arising in relation thereunto:

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

Address for a State of the Public Debt.

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 would be graciously pleased to order the proper Officers to lay before this House, a State of the Public Debt, provided or unprovided for, as it stood on the Thirty-first of December 1717, and as it stood on the Thirty-first of December in each Year following; together with the Produce of the Sinking Fund, or Funds, in each Year, since the said Thirtyfirst Day of December 1717, to the Thirty-first Day of December last; and how much thereof hath been applied towards sinking the said Debt, and how much thereof hath been otherwise applied, and to what Uses, in each of those Years."

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

Att. General & al. versus Sutton and Paman:

After hearing Counsel, upon 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 Appellants 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 Appellants Information may be retained in the said Court, and the Defendants compelled to answer thereto; and that the Appellants may proceed thereupon, and other Relief in the Premises:" As also upon the Answers of John Sutton and Thomas Paman an Infant, by Anne Paman his Guardian, put in to the said Appeal:

And the Opinions of the Judges present having been severally delivered; and due Consideration had of what was offered on either Side in this Cause:

Orders reversed, and Pleas overruled.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Orders complained of in the said Appeal be, and the same are hereby, reversed; and that the Pleas pleaded by the Respondents be, and the same are hereby, overruled.

Ly. Wentworth's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of Sir John Wentworth's Estate, towards raising Part of the Sum of Ten Thousand Pounds, for the Purposes therein 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 Tuesday the Ninth Day of January next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Mutiny Bill.

The Order of the Day, for the Third Reading of the Bill, intituled, "An Act for the punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters," being read:

It is Ordered, That the said Bill be read the Third Time To-morrow Morning.

Salt Duties, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only; and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland."

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

Sir R. Milbank a Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Ralph Milbanke Baronet in Trustees, to be sold, for performing his Father's Will, and an Agreement made with his Brother and Sisters."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for Sale of Part of Sir John Wentworth's Estate stands committed.

Their Lordships, or any Five of them; to meet likewise on Tuesday the Ninth Day of January next, at the same Place; and to adjourn as they please.

River Eden navigable, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the River Eden navigable, to Bank End, in the County of Cumberland."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for Sale of Part of Sir John Wentworth's Estate stands committed.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir J. Morgan and Price's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Estate late of James Price of Pilleth in the County of Radnor Esquire, deceased, in Trus tees, to be sold, for Payment of several Portions and Legacies charged thereon."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for Sale of Part of Sir John Wentworth's Estate stands committed.

Their Lordships, or any Five of them; to meet likewise on Tuesday the Ninth Day of January next, at the same Place; and to adjourn as they please.

Newton's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Elizabeth and Margaret Newton, Infants, during their Minority (with Consent of Trustees), to grant and fill up Leases of Part of the Estate late of John Newton Esquire, their Father, deceased," 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 said Bill, with the Amendments, be engrossed.

Addison's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for selling the Estate of John Addison Esquire, a Lunatic, for Payment of his Debts."

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

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Conway and Mr. Edwards:

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

Highgate and Hampstead Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend the Act passed in the Third Year of His present Majesty's Reign, for repairing the Highway from several Places therein mentioned, leading towards Highgate Gatehouse and Hampstead, in the County of Middlesex."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for Sale of Part of Sir John Wentworth's Estate stands committed.

Their Lordships, or any Five of them; to meet To-morrow, at the same Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum primum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 21^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to Address for a State of the Public Debts.

The Lord Chamberlain reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House Yesterday, That His Majesty would be graciously pleased to order the proper Officers to lay before this House, a State of the Public Debt, provided or unprovided for, as it stood on the Thirty-first of December 1717, and as it stood on the Thirty-first of December in each Year following; together with the Produce of the Sinking Fund, or Funds, in each Year, since the said Thirty-first of December 1717, to the Thirty-first Day of December last; and how much thereof hath been applied towards sinking the said Debt, and how much thereof hath been otherwise applied, and to what Uses, in each of those Years: And that His Majesty was pleased to return Answer,

"That He had given Orders accordingly."

Att. General & al. versus button and Paman.

Upon reading the Judgement made Yesterday, on hearing the Cause wherein His Majesty's Attorney General, at the Relation of Thomas Folkes and Charles Battely Esquires, were Appellants, and John Sutton and Thomas Paman an Infant, by Anne Paman his Guardian, were Respondents:

The same was agreed to, with the Addition of these Words; (videlicet,) ["And that the Pleas pleaded by the Respondents be, and the same are hereby, overruled."]

Manner of settling Judgements of this House, to be considered.

The House being moved, "To appoint a Day, to take into Consideration the Manner of settling the Judgements given by this House, on hearing Causes:"

It is Ordered, That this House will take that Matter into Consideration the First Day of Meeting after the Recess; and the Lords to be summoned.

Message from H. C. to return the Bill for prohibiting Commerce with infected Countries.

A Message from the House of Commons, by the Lord Hartington and others:

To return the Bill, intituled; "An Act to enable His Majesty effectually to prohibit Commerce (for the Space of One Year) with any Country that is, or shall be, infected with the Plague;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for repairing the Highway between a certain Place called Kilburn Bridge, in the County of Middlesex, and Sparrows Hern, in the County of Hertford;" to which they desire the Concurrence of this House.

Address concerning Disposal of Spanish Ships taken in The Mediterranean.

The House (according to Order) resumed the adjourned Debate, which arose Yesterday, upon the stated Question, "That an humble Address be presented to His Majesty, humbly to desire, that His Majesty would be graciously pleased to give Orders to the proper Officers, to lay before this House an Account how the Ships and Vessels lately taken from Spain, in The Mediterranean, were disposed of; and also, Copies of the Letters and Orders sent, or given, relating to the Disposal of the said Ships and Vessels."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty accordingly.

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

Mutiny Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, Because we have heard no Arguments to convince us that there is any Necessity for a greater Number of Troops being kept on Foot at this Time, than there was after the Peace of Reswick, or the Peace of Utrecht; for, as to the Argument urged from the present Disaffection of the People, we are fully persuaded, that the keeping up so great an Army is much more likely to increase than lessen such Disaffection.

"2dly, Because this Precedent is likely to be followed in all subsequent Times; there being no Probability that a Conjuncture can happen, when there will be less apparent Reason for keeping up a great Number of Forces, than at this Time of general Tranquillity.

"3dly, Because we conceive there are several Clauses in this Bill, which tend to overthrow the Civil Power in this Kingdom, and turn it into a Military Government: And we apprehend it to be our Duty, to take Care that so dangerous a Precedent may not be made for any future Time, without an evident Necessity; and it is plain there is no such Necessity for erecting this Military Power within the Kingdom in Time of Peace, because the Army was well governed without it in the Two former Reigns.

"4thly, That, allowing such a Number of Troops were necessary, yet there is no Reason can be alledged, as we apprehend, that they should be constituted in this expensive Manner, which raises the Charge upon the Nation to about Double what it was (in Time of Peace) in the Two former Reigns: And we must with great Concern assert, that the Public is much less able to bear such an Excess at the present than at any former Time.

"W. Ebor.
Strafford.
Aberdeen.
Scarsdale.
North & Grey.
Boyle.
Bristol.
Uxbridge.
Bathurst.
F. Roffen.
Guilford.
Tadcaster.
Fran. Cestriens.
Foley.
Trevor."

Message to H. C. to return the Bill, with Amendments.

A Message was sent to the House of Commons, by Mr. Fellows and Mr. Conway:

To carry down the before mentioned Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Causes of contracting Navy Debt to be considered.

The Order of the Day, for the House to be in a Committee again, to take into further Consideration the Causes of contracting so large a Navy Debt, being read:

It is Ordered, That the House be put into the said Committee on the Second Day of Meeting after the Recess; and nothing to intervene.

The other Orders of the Day being read:

Building Ships of Force for Foreigners.

It is Ordered, That this House will take into Consideration the building Ships of Force for Foreigners, on the Third Day of Meeting after the Recess; and the Judges to attend.

Northamptonshire and Leicester Highways, Bill:

Ordered, That the Bill, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of Northampton, through the Parish of Thornby, to a Bridge called Welford Bridge, in the Parish of Welford, in the said County; and also the great Post Road, from a Place called Morter Pitt Hill, in the Parish of Pisford, in the said County, through the Towns and Parishes of Brixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester," be read a Second Time on the Fourth Day of Meeting after the Recess.

Petition of Northamptonshire Gentlemen, against the Bill.

Then a Petition of the Gentlemen, Clergy, and other Inhabitants of the County of Northampton, was presented to the House, and read; setting forth, "That, if the said Bill should pass into a Law, the same will be very prejudicial, and a great Burthen upon the Petitioners;" and praying to be heard, by their Counsel or otherwise, against the said Bill, before the passing thereof:

It is Ordered, That the Petitioners be at Liberty to be heard, by their Counsel, against the said Bill, at the Second Reading thereof, according to the Prayer of the said Petition.

Kilburn to Sparrows Hern Highway, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highway between a certain Place called Kilburn Bridge, in the County of Middlesex, and Sparrows Hern, in the County of Hertford."

Byrne versus Acton.

Upon reading the Petition and Appeal of Walter Byrne Esquire and John Byrne Gentleman; complaining of a Decree, or Decretal Order, of the High Court of Chancery in Ireland, of the Twentieth of November last, in a Cause wherein Thomas Acton Esquire was Plaintiff, and the Petitioners and others were Desendants; 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 Thomas Acton may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Five and Twentieth Day of January next; and that Service of this Order on the Respondent's Clerk in the Chancery of Ireland be deemed good Service.

Salt Duties, &c. Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for taking off the Duty upon all Salt used in the curing of Red Herrings, and laying a proportionable Duty upon all Red Herrings consumed at Home only; and for ascertaining the Customs and Excise payable for the Sugar-houses in Scotland; and for making an Allowance for Salt lost in any Harbour or River of this Realm; and for the better securing the Duties on Salt delivered in Scotland:"

It is Ordered, That the House be put into the said Committee on the First Day of Meeting after the Recess.

Oldman to enrer into a Recognizance for Byrne.

The House being moved, "That Patrick Oldman Gentleman may be permitted to enter into a Recognizance for Walter Byrne Esquire and John Byrne Gentleman, on account of their Appeal depending in this House, to which Thomas Acton Esquire is Respondent; the Appellants residing in Ireland:

It is Ordered, That the said Patrick Oldman may enter into a Recognizance for the said Appellants, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, nonum diem Januarii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.