House of Lords Journal Volume 21: January 1722, 11-20

January 1722, 11-20

DIE Jovis, 11^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Northamptonshire and Leicester Highways, Bill.

The House being moved, "That Counsel may be heard for the Bill, intituled, "An Act for the amending the Highways leading from BramptonBridge, 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 Postroad 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," at the Second Reading thereof:"

It is Ordered, That Counsel may be heard for the said Bill, at the Second Reading thereof, as desired.

Sir R. Milbank's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered 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 by the Clerk; and, with an Amendment to One of them, were agreed to by the House.

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

Building Ships of Force for Foreigners, to be considered.

The Order of the Day, for taking into Consideration the building of Ships of Force for Foreigners, and for the Judges to attend, being read:

It is Ordered, That this House will take that Matter into Consideration To-morrow; and the Judges to attend.

Northamptonshue and Leicester Highways, Bill.

Whereas To-morrow is appointed, for the Second Reading of 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:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and that Counsel may be heard, as well against as for the said Bill, at the said Second Reading.

Sir I. Went worth's Bill:

Hodie 3^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."

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. Godfrey and Mr. Lightbourn:

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

Malt Duties, &c. Bill.

Hodie 1^a vice lecta est Billa, 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 of England to return Duplicates of Annuities into the Exchequer."

Kilburn to Sparrow's Hern Highway, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the 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," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Veneris, 12^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bryan versus Wolley & Ux.

This Day the Answer of Benjamin Woolley Esquire and Mary his Wife, Respondents to the Petition and Appeal of James Bryan Esquire, was brought in.

Petitions for Northamptonshire and Lercester Highways Bill.

A Petition of the Mayor, Recorder, Aldermen, Brothers, and Capital Burgesses, of the Borough of Derby, in Common Council assembled; and also of divers Gentlemen, Tradesmen, and other Inhabitants, within the same Borough:

Also, a Petition of the Mayor, Aldermen, and Burgesses, of the Borough of Chesterfield, in the County of Derby, and other neighbouring Gentlemen:

And also, a Petition of the Mayor, Aldermen, Common Council, and principal Inhabitants, of the Borough of Leicester; praying, "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 Oxcnden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester," may pass:"

Were severally presented to the House, and read; and severally ordered to lie on the Table.

Sir J. Morgan and Price's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Sir R. Millbank's Bill:

Hodie 3^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."

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. Godfrey and Mr. Lightbourn:

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

Building Ships of Force for Foreigners, considered:

The Order of the Day, for taking into Consideration the building of Ships of Force for Foreigners, and for the Judges to attend; being read.

And Six of the Judges attending accordingly:

They were directed to deliver their Opinions on the following Question; (videlicet,)

"Whether the King has Power, by Law, to hinder the building of Ships of War, or of great Force, for Foreigners, within His Majesty's Dominions?"

And the Judges being heard in relation thereunto:

Judges to prepare a Bill, to prohibit the building Ships of War for Foreigners.

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That a Bill be brought in, to enable His Majesty, His Heirs and Successors, to prohibit the building of Ships of War, or of great Force, for the Use of Foreigners, within any of His Majesty's Dominions, or the selling such Ships to Foreigners, without Licence from His Majesty, His Heirs or Successors.

Ordered, That the Judges do prepare, and bring in, a Bill, pursuant to the said Resolution.

Adjourn.

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

DIE Sabbati, 13^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Petition for Northamptonshire and Leicester Highways Bill.

A Petition of the Mayor, Aldermen, principal Inhabitants, and Inn-holders, of the Town of Nottingbam:

And also, a Petition of the High Sheriff, Deputy Lieutenants, and Justices of the Peace, and Grand Jury, assembled at the Quarter Sessions held for the County of Northampton, the Ninth Day of January 1721; and likewise of the Gentlemen, Clergy, Freeholders, and Inhabitants, of the County of Northampton, and also of the Town of Northampton; praying, "That the Bill, intituled, "An Act for the amending the Highways leading from Brampton Bridge, near Church Brampton, in the County of North'ton, 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, Mardwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester," may pass:"

Were severally presented to the House, and read; and severally ordered to lie on the Table.

Luttrells & al. versus Netterville & al.

Upon reading the Petition and Appeal of Robert Luttrell and Simon Luttrell, Minors under the Age of One and Twenty Years, by their Guardians and prochein Amies, the Right Honourable William Earl of Cadogan, the Right Honourable Richard Lord Baron of Gowran in the Kingdom of Ireland, and William Strickland Esquire; complaining of certain Orders of the Court of Chancery in the said Kingdom, of the Eighth of May and Sixteenth of November last, in a Cause there depending, wherein the Petitioners, by their said prochein Amies, were Plaintiffs, and Elizabeth Luttrell, alias Netterville, Nicholas Netterville, and others, were Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed."

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth and Nicholas Netterville 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 Saturday the Seventeenth Day of February next; and that Service of this Order on the Respondents Clerk or Clerks in the Chancery of Ireland be deemed good Service.

Papers relating to Disposal of Spanish Ships, to be considered.

The House being moved, "That a Day may be appointed, to take into Consideration the Papers laid before this House (by His Majesty's Command), giving an Account how the Ships and Vessels lately taken from Spain in The Mediterranean were disposed of; and also the Copies of the Letters and Orders sent or given relating to the Disposal of the said Ships and Vessels:"

It is Ordered, That this House will take the said Papers into Consideration on Monday the Two and Twentieth Day of this Instant January.

Sir J Morgan and Price's Bill:

Hodie 3^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."

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. Conway and Mr. Edwards:

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

Causes of contracting Navydebt, 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:

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

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

Motion, that the not paying off the Ships, on their coming Home, was One great Cause of it:

Then a Motion was made, "That the not paying off His Majesty's Ships, when they came Home from their several Voyages, according to the ancient Usage of the Navy, but continuing them in Seapay during the Winter till they went out again, has been One great Cause of contracting so large a Navy Debt."

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.

"Dissentient.

Protest against rejecting it.

"1st, Because we conceive the main Question ought to have been put; since the Practice complained of in it having been, from the Year 1690, very frequently represented against to the Admiralty and Treasury by the Commissioners of the Navy (the proper Officers to give Advice in such Matters), and who then were Men of great Experience, Ability, and Probity, for being contrary to the ancient Usage of the Navy, giving great Disgust to the Seamen, and causing an unnecessary Expence of the public Money; we thought it highly reasonable to endeavour that a Stop should be put to this Method, which was attended with so many fatal Consequences; and we cannot but think the putting and voting the main Question in the Affirmative would have greatly conduced to that End.

"2dly, Because it did not appear necessary, at a Time when so few Men were either granted, or indeed demanded, for the Service of any One Year, that the Seamen should be treated with so much Severity, as not to be paid off according to the ancient Usage of the Navy, but kept in floating Prisons, as the said Commissioners of the Navy very well express it; especially since we find that, during the late Wars, when Forty Thousand Men a Year were granted, this was truly thought, by the said Commissioners of the Navy, a Way rather to provoke the Seamen to desert, than encourage them to come into, or continue in, the Service; and to be the principal, if not the only, Reason, why it is become so difficult to get them again when wanted.

"3dly, We thought, at this Juncture, when His Majesty had so lately, in a most Gracious Speech from the Throne, signified His having so happily established Peace throughout Europe, it would be proper (if ever) to use our best Endeavours, that the Seamen might partake of the Benefit of our mild and free Government; and not be liable to greater Hardships than any of their Fellow Subjects, as we think they will be if this Practice be suffered to continue.

"4thly, Because such Methods ought to be used, as will most contribute to procure the Affections of the Seamen to the Service, which we think the ancient Usage of the Navy will, in this Case, best effect; by which they will have the Satisfaction to spend their Money within the Kingdom, for the Benefit and Support of their Families, as formerly, when the Ships were paid off at their Return Home from their several Voyages; and will, we hope, prevent their absconding from and deserting the Service, and engage them chearfully to enter into it whenever there shall be Occasion: Whereas, according to the late Practice, by the Opinion of the said Commissioners of the Navy, the Difficulty of getting them in the Spring chiefly rises from keeping them all the Winter; and yet the Difficulty of getting them again is assigned as the only Reason for keeping them in Pay during the Winter, although it amounts to an intolerable Charge upon the Kingdom; it appearing, by one of the Papers now upon the Table, that keeping them in Pay all the Winter comes to near Five Times as much as raising them again in the Spring.

"5thly, We cannot but think it a very unusual Way of arguing, in a House of Parliament, that a Question ought not to be put, because it is generally admitted to be true; though at the same Time there may be too much Reason to believe, that the Practice complained of will not be altered, without the Interposition of Parliament.

"6thly, We cannot conceive the Treaty with Sweden could make it necessary, as was alledged, to keep the Men in Pay all the Winter; since it appears, by the Papers upon the Table, that very little or no Time would have been lost, if the old Method of the Navy, of raising them in the Spring, had been followed, by which much Money would have been saved to the Public; especially since their so early Arrival there did neither prevent landing the Czar's Troops upon Sweden, when and where they pleased, nor, by any Action at Sea, contribute to weaken his Naval Strength.

"Lastly, We take it to be very clear, that if any Necessity, or sufficient Reason, was foreseen at any Time for the dispensing with this Rule of the Navy, it ought not to have been done without His Majesty's Consent in Council; it being, as we conceive, a fundamental Maxim in the Government of the Navy, and a most essential Part of His Majesty's Royal Prerogative, That no Rule or Establishment in the Navy, whether written or unwritten and customary, ought to be, or can regularly be, abrogated, altered, or dispensed with, but by His Majesty's Consent in Council; especially in so weighty a Point as spending the public Treasure so much faster than it need have been, in the Proportion abovementioned. And therefore we thought it expedient, that the main Question should have been put, and voted in the Affirmative, that this great and useful Prerogative of the Crown might, by censuring what we take to be a Breach thereof (though with the Temper recommended from the Throne) have been the better preserved for the future.

"W. Ebor.
Strafford.
Bristol.
North & Grey.
Cowper.
Aberdeen.
Guilford.
Trevor.
Compton.
Gower.
Bathurst.
Uabridge.
Masham."

Adjourn.

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

DIE Lunæ, 15^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Kilburn to Sparrow's Hern Highway, Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Bryan versus Woolley & Ux.

The House being moved, on the Behalf of Benjamin Woolley Esquire and Mary his Wife, Respondents to the Petition and Appeal of James Bryan Esquire, "That a Day may be appointed, for hearing the said Cause:"

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

Meaghan to eater into a Recognizance for White & al.

The House being moved, "That Patrick Mcaghan, of St. Andrew, Holbourn, Bookseller, may be permitted to enter into a Recognizance for Anne White Widow, Paul Howel Esquire, and Thomas Burrows Gentleman, on Account of their Appeal depending in this House, to which Stafford Lightburn, Catharine his Wife, and others, are Respondents; the Appellants residing in Ireland:"

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

Causes of contracting Navydebt, to be 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 next.

Malt Duties, &c. Bill.

Hodie 2^a vice lecta est Billa, 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 of England to return Duplicates of Annuities into the Exchequer."

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

Quakers Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under."

After Debate;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

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

E. Sutherland et al. versus Grant and Duff.

Upon reading the Petition and Appeal of John Earl of Sutherland, on the Behalf of himself, and as Tutor to Mr. Charles, Mr. George, Mrs. Helen, and Mrs. Janet Sutherland, Children to the deceased William Lord Strathnaver; complaining of several Decrees and In terlocutory Sentences of the Lords of Session in Scotland, of the Nineteenth of November 1707, the Seventeenth of February 1708, made on the Behalf of Lodowick and Alexander Grants, since deceased; and of the Twenty-fifth of July and Two and Twentieth of November 1710, on the Behalf of William Duff of Dipple Esquire; and of the Nineteenth and Twenty-eighth of July last, and of the Second of this Instant January, on the Behalf of James Grant of Grant Esquire; and praying, "That the same may be reversed; and other Relief in the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Grant and William Duff 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 Monday the Twelfth Day of February next; and that Service of this Order on the Respondents Agents or Writers in the Court of Session in Scotland be deemed good Service.

Adjourn.

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

DIE Martis, 16^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Costigan versus Allen:

The House was informed, "That James Allen, who, by Order of this House of the Fifteenth of November last, was required to put in his Answer to the amended Petition and Appeal of Daniel Cosirgan, by the Twentieth of December following, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon William Faucett was called in; and examined, upon Oath, at the Bar, in relation to the said Service.

And the said Order being read:

To answer petemptonly.

It is Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Allardes versus Smart et al.

The House being moved, on the Behalf of Jane Smart and her Children, Respondents to the Petition and Appeal of John Allardes Merchant, "That a Day may be appointed, for hearing the said Cause:"

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

Falconer versus College et al. of Aberdeen:

Whereas, by Order of this House, of the Nineteenth of December last, the Principal and Masters of King's College, and the Provost, Baillies, and Council of Aberdeen, and their Treasurer, for the Time being, were required peremptorily to put in their Answer or respective Answers to the Appeal of David Falconer of Newton Esquire, by the First Day of Meeting after the then approaching Recess; which they have neglected to do:

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

Hearing appointed, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte on Monday the Twenty-ninth Day of this Instant January, at Eleven a Clock.

Northampton shire and Lercester Highways, Bill.

The Order of the Day being read, for reading 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," a Second Time; and for hearing Counsel, against and for the same, at the said Second Reading:

The Counsel and Parties were accordingly called in.

And the said Bill was read a Second Time.

And the Counsel were heard; and several Witnesses were examined, upon Oath, against the said Bill; as also One of the Counsel for the passing thereof.

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing Counsel for the said Bill be adjourned till To-morrow.

Adjourn.

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

DIE Mercurii, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Arrat versus Wilson.

This Day the Answer of John Wilson of Baikie, Respondent to the Petition and Appeal of John Arrot Esquire, was brought in.

Northamptonshire and Leicester Highways, Bill.

Counsel (according to Order) were called in, to be further heard, for 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 Magno, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Lcicester."

And being heard, and several Witnesses examined upon Oath:

And the Counsel against the Bill having replied:

They were directed to withdraw.

And being withdrawn:

A Motion was made, "That the said Bill be committed."

After Debate;

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

Petition of the Clergy, against Quakers Bill.

A Petition of the Clergy in and about London, was presented to the House, and read, against the passing the Bill, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under."

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 (fn. 1), ...............
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"W. Ebor.
Aberdeen.
Uxbridge.
Scarsdale.
Strafford.
North & Grey.
Gower.
Coningesby.
Guilford.
Bathurst.
Compton.
Trevor.
Weston.
Montjoy.
Bristol.
Foley.
Bingley.
Cowper.
Fra. Roffen.
St. John de Bletsoe."

Quakers Bill.

The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under," being read:

It is Ordered, That the House be put into a Committee thereupon To-morrow.

Adjourn.

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

DIE Jovis, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dr. Coote and Godsell versus Mamon & al.

Upon reading the Petition and Appeal of the Reverend Dr. Chidley Coote and James Godsell; complaining of a Decree of the Court of Exchequer in Ireland, of the Second of December last, in a Cause there depending, wherein John Mamon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, were Plaintiffs, and the Petitioners Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed, and the Plaintiffs Bill dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Mamon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Two and Twentieth Day of February next; and that Service of this Order on the said Respondents, or their Attorney or Attornies in the said Court of Exchequer in Ireland, be deemed good Service.

Ld. Cobham's Privilege.

Complaint being made to the House, of a Breach of Privilege, committed by Thomas Price Esquire, and his Servants Richard May and Thomas Boutcher, in breaking down the Hedges and Fences, and putting several Cattle into a Wood belonging to Richard Lord Viscount Cobham, under Pretence of a Right of Commoning, within the Time of Privilege of Parliament, in Breach of the Privilege of this House:

And thereupon William Jacob and John Roberts were called in; and examined, upon Oath, at the Bar, in relation to the said Complaint.

And being withdrawn:

Price, May, and Boutcher attached, for breaking Enclosures.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Thomas Price, Richard May, and Thomas Boutcher, for their said Offences, and keep them in safe Custody during the Pleasure of this House; and this shall be a sufficient Warrant on that Behalf.

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

Bridport Haven and Piers, to rebuild, Bill.

A Message from the House of Commons, by Sir Dewey Buckley and others:

With a Bill, intituled, "An Act for restoring and re-building the Haven and Piers of Bridport, in the County of Dorset; and for making a Sluice there;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

State of the Public Debt delivered.

The House being informed, "That Mr. Chocke, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address to His Majesty, of the Twentieth of December last,

"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 of December 1720; 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."

Then he withdrew.

And the Title thereof was read.

Causes of contracting Navy Debt, to be considered.

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

And a Motion being made, "That the House be put into the said Committee on this Day Sevennight:"

After Debate;

The Question was put, "Whether this House shall be put into a Committee, to take into further Consideration the Causes of contracting so large a Navy Debt, on this Day Sevennight?"

It was Resolved in the Affirmative.

Ordered, That it be an Instruction to the Committee of the whole House to whom the Consideration of the Causes of contracting so large a Navy Debt (fn. 2) stands committed, "That they do, in the First Place, consider of the Occasion of that Part of the said Debt which arises from having employed more Men in the Sea Service in any Year than were provided for by Parliament for such Year, and from the not paying off all the Seamen at Winter."

Quakers Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under."

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

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Veneris, 19^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bridport Haven and Piers, to rebuild, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for restoring and re-building the Haven and Piers of Bridport, in the County of Dorset; and for making a Sluice there."

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

Dr. Dunster's Petition, on Behalf of Mr. Herbert's Younger Children, referred to Judges.

Upon reading the Petition of Samuel Dunster Doctor in Divinity, for and on Behalf of Richard Herbert, and of the rest of the Younger Sons and Daughters of Francis Herbert, late of Oakley Parke in the County of Salop Esquire, deceased, by Dorothy his Wife also deceased, all Infants under the Age of One and Twenty Years; praying Leave to bring in a Bill, to enable the said Infants (notwithstanding their Minorities) to make and fill up Leases of such Part of their Estates as they shall severally be in Possession of, under such Conditions and Restrictions as shall seem reasonable:

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 Blencowe 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.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to empower the Commissioners and Trustees for the forfeited Estates to give such Relief to Hugh Wallace of Inglestoun Esquire, and Hugh Wallace his Son, in relation to their Part in an Heretable Bond and Enseofment upon the Estate of James late Earl of Linlithgow, attainted of High Treason, as they have given to other Claimants upon the said Bond;" to which they desire the Concurrence of this House.

Malt Duties, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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 of England to return Duplicates of Annuities into the Exchequer."

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 directed him to report the same to the House, without any Amendment."

Quakers Bill.

The Earl of Clarendon (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under," was committed, the Amendment made by the Committee to the said Bill, as follows:

"Pr. 2d. L. 8. After the Word ["That"], to insert ["from and after the First Day of February, in the Year of our Lord One Thousand Seven Hundred Twenty-one."]

Which Amendment was read Twice by the Clerk.

And, after Debate,

The Question was put, "Whether to agree with the Committee in the said Amendment?"

It was Resolved in the Negative.

Then a Clause was offered, to be added to the said Bill.

And the same was read, as follows:

"Provided always, and it is hereby further Enacted, by the Authority aforesaid, That no Quaker, or reputed Quaker, shall have or enjoy any Benefit intended by this Act, who shall not have subscribed the Profession of their Christian Belief, set down in and required by an Act passed in the First Year of the Reign of King William and Queen Mary, intituled, "An Act for exempting Their Majesties Protestant Subjects dissenting from the Church of England from the Penalties of certain Laws;" any Thing in this Act contained to the contrary in any Wise notwithstanding."

And a Motion being made, "That the said Clause be read a Second Time:"

After Debate;

The Question was put, "Whether the said Clause shall be read a Second Time?"

It was Resolved in the Negative.

Then,

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting the People called Quakers such Forms of Affirmation, or Declaration, as may remove the Difficulties which many of them lie under."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient,

W. Cant.
Jo. Oxon.

1. Because the Privileges allowed by this Bill to the Quakers are without Example, and no Ways proportioned to the Steps formerly taken towards a gradual Indulgence of them: For whereas they have been hitherto under the real Obligation of an Oath, though dispensed with as to some Formalities with respect to the Manner of wording and taking it, they are now altogether released both from the Form and Substance of an Oath, and admitted to prosess Fidelity, and give Testimony upon their simple Affirmation; nor are these great Privileges indulged to them, as the less were, from Time to Time, and by Degrees, but are at once made perpetual.

"2dly, Because we look upon the Quakers, who reject the Two Sacraments of Christ, and are, as far as they so do, unworthy of the Name of Christians, to be on that Account unworthy also of receiving such distinguishing Marks of Favour.

"3dly, Because the Quakers; as they renounce the Institutions of Christ, so have not given even the Evidence by Law required of their Belief of His Divinity; it no Ways appearing to us (nor do we believe it can be made appear) that, ever since they were first indulged, 1^o W. & M., One Quaker in an Hundred hath subscribed the Profession of Christian Belief, directed by that Act; nor could we, upon a Motion made in the House, prevail that they should even now be obliged, by such previous Subscription, to entitle themselves to the new and extraordinary Favours designed them: The Consequence of which must, in our Opinion, be, that they will encourage themselves yet farther in their Aversion to subscribe that Profession of Christian Belief which they seem more to deeline than even the taking of an Oath, since great Numbers of them have sworn, though very few have subscribed that Profession; nor are we without Apprehensions; that it may reslect some Dishonour on the Christian Faith, if the Evidence given by such Persons on their bare Word shall by Law be judged of equal Credit with the solemn Oath of an acknowledged Christian and sincere Member of the established Communion.

"4thly, Because we look upon it as highly unreasonable, that, in a Kingdom where the Nobles, the Clergy, and Commons, are obliged to swear Fealty to the Crown, and even the Sovereign Himself takes an Oath at His Coronation, a particular Sect of Men, who refuse to serve the State either as Civil Officers or Soldiers, should be entirely released from that Obligation; since it is natural to expect, that Persons thus indulged as to the Manner of professing, and the Measure of performing their Allegiance, should, by Degrees, be induced totally to withdraw it, till they become as bad Subjects as Christians.

"5thly, Because, though such extraordiny Privileges are allowed to the Sect of Quakers by this Bill, yet there is no Mark or Test prescribed by it, or By any other Act, by which it may certainly be known who are Quakers, and consequently who are, or who are not, entitled to those Privileges; from whence this Inconvenience may arise, that many not really Quakers may yet shelter themselves under the Cover of that Name, on Purpose to be released from the Obligation of Oaths; it not being, we conceive, in the Power of the Magistrate, as this Bill stands, to oblige any Person to take an Oath, who, at the Time of tendering it, shall profess himself a Quaker; so that the Concessions now made to that Sect may prove a great Inlet to Hypocrisy and Falsehood, and will na turally tend towards increasing their Numbers, which we rather wish may be every Day diminished.

"6thly, Because we do not apprehend that the Quakers, as a Sect, are really under such Scruples in Point of an Oath, that it is necessary to ease them by such an Act; few of them having, for Five and Twenty Years past, since their Solemn Affirmation equivalent to an Oath was enacted, ever refused to comply with it: And should this have now and then happened, yet, when the great Body of any Sort of Sectaries are at Ease in their Consciences, the Scruples of a few, we think, ought not to be regarded; especially if continuing the Law now in Force will probably extinguish those Scruples, and the Repeal of it will certainly give new Life and Strength to them.

"7thly, Because the Security of the Subjects Property, which depends upon Testimony, seems to us to be lessened by this Act; the Reverence of an Oath having been always observed to operate farther towards the Discovery of Truth, than any other less solemn Form of Asseveration: Nor can the Quakers be excepted in this Case, whose awful Apprehensions of an Oath appear from their earnest Endcavours to decline it; and therefore, where the Payment of Tithes, by them held to be finful, is concerned, they will have strong Inducements to disguise the Truth in what they simply affirm, rather than wound their Consciences and Credit, by contributing towards the Support of such an Antichristian Payment. In other Cases of Property, their Interest only will clash with their Veracity; but the double Motive of Interest and Conscience will influence them with respect to the Clergy, whose Calling and Maintenance they equally condemn.

"8thly, Because the Inducement mentioned in the Bill, towards granting the Quakers these Favours, that they are well affected to the Government (a Position of which we have some Doubt) might, we apprehend, be improved into a Reason for granting like Favours to Deists, Arians, Jews, and even to Heathens themselves; all of which may possibly be, some of them certainly are, Friends to the Government: However, their Friendship, we presume, would be cultivated at too great an Expence, if, for the Sake of it, any Thing should be done by the Legislature, which might weaken the Security of all Governments, an Oath; and by that Means do more Mischief to the State in one respect, than it brought Advantage in another. And we the rather thus choose to reason, because an Argument was urged in the Debate, and no Ways disallowed, "That, if Heathens themselves were equally of Use to the State as the Quakers are, they ought also equally by Law to be indulged;" whereas our firm Persuasion is, that, as no Man should be persecuted for his Opinions in Religion, so neither should any Man, who is known to avow Principles destructive of Christianity, however useful he may otherwise be to the State, be encouraged, by a Law made purposely in his Favour, to continue in those Principles.

"W. Ebor.
Strafford.
Aberdeen.
Fra. Roffen.
Fran. Cestriens.
Gower.
Trevor.
Montjoy.
St. John de Bletsoe.
Compton.
Salisbury."

Message to H. C. that the Lords have agreed to the Bill.

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

To acquaint them, that the Lords have agreed to the before-mentioned Bill, without any Amendment.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act for making more effectual the Act made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, An Act for the more essectual employing the Poor, by encouraging the Manufactures of this Kingdom;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act to vest the Ground, Wharf, and Key, called Wooll Key, in the Parish of All Saints, Barking, in the City of London, with the Buildings and Warehouses thereupon, in Trustees, for His Majesty, His Heirs and Successors for ever, subject to an Agreement made on His Majesty's Behalf with the Wardens and Assistants of the Free School in Sevenoake, in the County of Kent;" to which they desire the Concurrence of this House.

Bryan versus Woolley & Ux.

Upon reading the Petition of James Bryan Esquire, Appellant in a Cause depending in this House, to which Benjamin Woolley Esquire and Mary his Wife are Respondents; praying, "In regard the Petitioner hath not yet received the Pleadings and other Papers in the said Cause, but expects them every Day, having an Account that a Messenger set out from Ireland with them the Sixth Instant; that the Hearing thereof, which is appointed for Wednesday next, may be put off for Ten Days, or such other Time as this House shall think fit."

And thereupon Mr. Robert Allen, the Respondents Agent, was called in.

And consenting to the putting off the said Hearing;

And being withdrawn:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the One and Thirtieth Day of this Instant January, at Eleven a Clock.

Building or selling Ships of Force, for the Use of Foreigners to restrain, Bill.

The Judges (according to Order) delivered in a Bill, prepared by them, intituled, An Act to enable His Majesty, His Heirs and Successors, to restrain the building, selling, or disposing, of Ships of War, or of great Force, for the Use of Foreigners."

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable His Majesty, His Heirs and Successors, to restrain the building, selling, or disposing, of Ships of War, or of great Force, for the Use of Foreigners."

Ordered, That the said Bill be read a Second Time on Saturday the Twenty-seventh Day of this Instant January.

Walker versus Forrester and M'pherson.

The House was informed, "That Robert Forrester and William M'pherson, who, by Order of this House of the First of December last, were required to put in their Answer or respective Answers to the Pension and Appeal of John Walker Merchant by the Twenty-ninth of the same Month, 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 peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.

Hooper, Davie, & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Nicholas Hooper Esquire and Mary his Wife, Stephen Northleigh Esquire and Margaret his Wife, Sir George Chudleigh Baronet and Dame Frances his Wife, Trephena Davie Spinster, John Pollexsen Esquire, and Dame Abigail Davie Widow and Relict of Sir William Davie Baronet deceased, 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.

Schele's Nat. Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Christopher Schele," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Sabbati, 20^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir Wm. Davie's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the Reversion, Freehold, and Inheritance, of Part of the Estate late of Sir William Davie Baronet, deceased (expectant on a Term of Five Hundred Years), to be sold, for Payment of his Daughters Portions and Legacies."

Northamptonshire and Leicester Highways, Bill.

The Order of the Day being read, for the House to be in a Committee upon 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 Bixworth, Lamport, Maidwell, Kelmarsh, and Oxenden Magna, to a Bridge called Chain Bridge, leading into Market Harborough, in the County of Leicester."

And the House being moved, "That it be an Instruction to the said Committee, to receive a Clause, to provide, That all Carriages by Waggons or Horses, that come to Boughton Green Fair, should be excused paying the Toll, in coming and going to and from the said Fair:"

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 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," stands committed, to receive a Clause, to provide, That all Carriages by Waggons or Horses, that come to Boughton Green Fair, should be excused paying the Toll, in coming and going to and from the said Fair?"

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, on Tuesday next, this House shall be put into a Committee again, to consider further of the said Bill.

Adjourn.

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