House of Lords Journal Volume 21: February 1722, 21-28

Journal of the House of Lords: Volume 21, 1718-1721. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 21: February 1722, 21-28', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol21/pp698-706 [accessed 22 December 2024].

'House of Lords Journal Volume 21: February 1722, 21-28', in Journal of the House of Lords: Volume 21, 1718-1721( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol21/pp698-706.

"House of Lords Journal Volume 21: February 1722, 21-28". Journal of the House of Lords: Volume 21, 1718-1721. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol21/pp698-706.

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In this section

February 1722, 21-28

DIE Mercurii, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Cestriens.
Epus. Lincoln.
Epus. Carliol.
Epus. Bristol.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Berks.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Aberdeen.
Comes Orkney.
Comes Bute.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Compton.
Ds. Teynham.
Ds. Lucas.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Lady Wenman versus Sir William Osbaldeston.

The House being moved, "That John Frederick Esquire may be permitted to enter into a Recognizance for Susanna Lady Wenman, on account of her Appeal depending in this House, to which Sir William Osbaldeston Baronet is Respondent:"

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

Forging Powers to transfer Stock, to prevent, Bill.

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

With a Bill, intituled, "An Act to prevent the Mischiefs by forging Powers to transfer such Stocks, or to receive such Annuities or Dividends, as are therein mentioned, or by fraudulently personating the true Owners thereof; and to rectify Mistakes of the late Managers for taking Subscriptions for increasing the Capital Stock of the South Sea Company, and in the Instruments founded thereupon;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Message from H. C. to return Girardot's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing James Girardot;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Luttrell versus Netterville:

The House being informed, "That John Daily attended, on Behalf of Robert Luttrell and Simon Luttrell, Minors, Appellants in a Cause depending in this House, to which Elizabeth and Nicholas Netterville are Respondents, with several Papers; and that the said Daily, having Occasion to be absent, desired now to prove the same to be true Copies:"

He was thereupon called in; and delivered several Papers, at the Bar, sealed up, with a Schedule of them; and attested, upon Oath, "That the same were true Copies, he having examined them with the Originals in the Court of Chancery in Ireland."

Netterville to answer permptorily.

The House being also informed, "That the said Elizabeth and Nicholas Netterville, who, by Order of this House of the Thirteenth of January last, were required to put in their Answer or respective Answers to the Appeal of the said Robert Luttrell and Simon Luttrell by the Seventeenth Instant, have neglected to put in their Answers thereunto, though duly served with the said Order for that Purpose:"

And thereupon the said Daily was examined, upon Oath, touching the said Service.

And withdrew.

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

Arrat versus Wilson:

After hearing Counsel, upon the Petition and Appeal of John Arrat Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the Ninth of July One Thousand Seven Hundred and Nineteen, and the Affirmances thereof the Eleventh of the said Month and Sixteenth of September following, made on the Behalf of John Wilson of Baikie; and praying, "That the same may be reversed:" As also upon the Answer of the said John Wilson put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Interlocutor of the Lords of Session and the Affirmances thereof, therein complained of, be, and the same are hereby, affirmed.

Defects in Statute, 23 Hen. VIII, to supply, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, An Act for supplying some Defects in the Statute of the Twentythird of King Henry the Eighth, (intituled, "An Act for Obligations to be taken by Two Chief Justices, the Mayor of the Staple, and the Recorder of London;") and for setting down the Time of signing Judgements in the Principality of Wales and Counties Palatine," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Mead's Petition.

Ordered, That the Lords Committees for Privileges, to whom the Petition of Robert Meade of Aylesbury Gentleman, complaining of a high Contempt of the Judgement of this House, stands referred, do meet Tomorrow.

Adjourn.

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

DIE Jovis, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Landavens.
Epus. Hereford.
Epus. Roffen.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Litch & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Montrose.
Dux Kent.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Scarbrough.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Bute.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Lucas.
Ds. Craven.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert Cher.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Records Commissary Court of Aberdeen, to supply, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for supplying the Records of the Commissary Court of Aberdeen, burnt or lost in the late Fire there," was committed: "That the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment:"

Defects in Statute, 23 Hen. VIII, to supply, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for supplying some Defects in the Statute of the Twenty-third of King Henry the Eighth, (intituled, An Act for Obligations to be taken by Two Chief Justices, the Mayor of the Staple, and the Recorder of London;") and for setting down the Time of signing Judgements in the Principality of Wales and Counties Palatine."

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. Fellows and Mr. Hiccocks:

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

Forging Powers to transfer Stocks, to prevent, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the Mischiefs by forging Powers to transfer such Stocks, or to receive such Annuities or Dividends, as are therein mentioned, or by fraudulently personating the true Owners thereof; and to rectify Mistakes of the late Managers for taking Subscriptions for increasing the Capital Stock of the South Sea Company, and in the Instruments founded thereupon."

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

Report on Mead's Petition against Humphreys.

The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Petition of Robert Meade, of Aylesbury, in the County of Bucks, Gentleman, was referred; complaining of a high Contempt of the Judgement of this House, on the Petitioner's former Petition against Mr. Richard Humphreys, in relation to a Breach of Privilege; and praying Relief touching Costs demanded of the Petitioner by the said Humphreys: That the Committee have heard the Petitioner, in relation to the Matter of the said Complaint; as also the said Humphreys, in Answer to what was offered by the Petitioner; and perused a Bill of Costs demanded by the said Humphreys of the Petitioner; and are of Opinion, That no Costs are due from the Petitioner to the said Humphreys, or his Client, for any the Proceedings on the Complaint of the said Meade abovementioned, for a Breach of Privilege, nor for any the Proceedings in the Courts below, during the Time the Writ of Error was depending in Parliament; and that, if the said Humphreys, or his Client, shall proceed against the said Meade for, or charge him with any, such Costs, they will be thereby respectively guilty of a Breach of the Privilege of this House."

Which Report, being read by the Clerk, was agreed to by the House.

Manufactures of this Kingdom, to encourage, Bill.

The Order of the Day, for the House to be in a Committee again upon the Bill, intituled, "An Act for making more effectual an 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 effectual employing the Poor, by encouraging the Manufactures of this Kingdom," being read:

It is Ordered, That, on this Day Sevennight, this House shall be put into a Committee again upon the said Bill.

Nature of Protestations considered.

The House (according to Order) proceeded to take into Consideration the Nature of Protestations, and the Manner of entering them.

And the Standing Order of this House, of the Fifth of March 1641, in relation to Protestations and Dissents, being read:

and amending the Standing Order concerning them.

A Motion was made, "To appoint a Time, to take the said Standing Order into Consideration, in order to explain and amend the same, so that the making and entering of Protestations, or Dissents, for the future, shall be the next Sitting Day of this House, before Prayers; and the signing thereof before the Rising of the House the same Day:"

It is Ordered, That, on Saturday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 23o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Sarum.
Epus. Cestriens.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Bristol.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Montrose.
Dux Kent.
Dux Dorset.
Dux Bridgewater.
Comes Lincoln.
Comes Sarum.
Comes Warwick.
Comes Berks.
Comes Clarendon.
Comes Litchfield.
Comes Rochester.
Comes Rochford.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Aberdeen.
Comes Orkney.
Comes Bute.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Willoughby Er.
Ds. Delawar.
Ds. Compton.
Ds. Teynham.
Ds. Lucas.
Ds. Weston.
Ds. Herbert.
Ds. Rosse.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Lady Wenman versus Sir William Osbaldeston.

This Day the Answer of Sir William Osbaldeston Baronet, Respondent to the Petition and Appeal of Susanna Lady Wenman, Wife of Richard Lord Viscount Wenman of Tuam in the Kingdom of Ireland, was brought in.

Reports Commissioners Army Debt delivered.

The House being informed, "That a Person attended, from the Commissioners for examining and determining the Debts due to the Army:"

He was called in; and delivered, at the Bar, a Report from the said Commissioners.

And withdrew.

And the Title thereof was read.

Delays in Charter House to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for preventing Delays in the Execution of the Trust reposed in the Governors of the Hospital of King James, founded in Charter House, at the Charges of Thomas Sutton Esquire, for the Benefit of the said Hospital."

And an Amendment being made by the House to the said Bill:

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Message to H. C. with a Bill; and to return Sir William Davie's Bill.

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

With a Bill, intituled, "An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodities of the like Production are subject;" to which they desire the Concurrence of this House.

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

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Byrnes versus Acton:

After hearing Counsel, upon the Petition and Appeal of Walter Byrne Esquire and John Byrne Gentleman; complaining of a Decree 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 Appellants and others, were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed:" As also upon the Answer of the said Thomas Acton 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 Decree complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the Appellant Walter shall forthwith execute a Lease of the Premises in Question, to the Respondent, according to the Power reserved to him by the Settlement in the Pleadings mentioned, for Three Lives, or One and Twenty Years, at the Respondent's Election, upon the Terms in the Articles; and shall in like Manner, from Time to Time, renew or execute a new Lease and new Leases to the Respondent, his Heirs, Executors, Administrators, or Assigns, for Three Lives, or One and Twenty Years, at the Election, and upon the Request, of the Respondent, his Heirs, Executors, Administrators, or Assigns, upon the Terms in the Articles; and that the Appellant John, in case he survive the said Walter, shall, after the Premises shall come to him, from Time to Time, execute or renew a Lease and Leases of the Premises, according to the Statute enabling Tenants in Tail to make Leases for Three Lives, or One and Twenty Years, to the Respondent, his Heirs, Executors, Administrators, or Assigns, at his and their Election and Request, upon the Terms in the said Articles; and that the Court of Chancery in Ireland take Care to see this Judgement put in Execution, and from Time to Time give all proper Directions for that Purpose; and to give the Respondent his Costs of Suit in that Court, and Costs to either Party, for the future, as that Court shall see Cause.

Adjourn.

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

DIE Sabbati, 24o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Winton.
Epus. Sarum.
Epus. Landavens.
Epus. Hereford.
Epus. Roffen.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Dorset.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Aberdeen.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Er.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Lucas.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Roffe.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.

PRAYERS.

Running of Goods, to prevent, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodities of the like Production are subject."

Ordered, That the said Bill be read a Second Time on Monday next; and the Lords to be summoned.

Lottery or Subscription, South Sea Company, Bill.

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

With a Bill, intituled, "An Act to enable the South Sea Company to dispose of the Effects in their Hands by Way of Lottery or Subscription, or to sell Part of their Fund, or Annuity, payable at the Exchequer, in order to pay the Debts of the said Company; and for Relief of such who were intended to have the Benefit of a late Act touching Payment of Ten per Cent. therein mentioned;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Lady Wenman versus Sir William Osbaldeston.

Notice being taken, "That, in the Answer of Sir William Osbaldeston Baronet, Respondent to the Petition and Appeal of Susanna Lady Wenman, Submission is made to the Judgement of this House, whether the Appellant hath properly appealed, in a Case of this Nature:"

And it being moved, "That the said Answer might be read:"

The same was read accordingly.

And thereupon the Lords following were appointed a Committee, to inspect Precedents, how far this House has proceeded upon Appeals in like Cases as the Appeal of the Lady Wenman to which Sir William Osbaldeston is Respondent; and to report to the House; (videlicet,)

Ld. President.
L. Privy Seal.
L. Steward.
D. Somerset.
D. Roxburgh.
D. Wharton.
D. Dorset.
E. Lincoln.
E. Sunderland.
E. Scarsdale.
E. Clarendon.
E. Yarmouth.
E. Scarbrough.
E. Godolphin.
E. Cholmondeley.
E. Buchan.
E. Aberdeen.
E. Orkney.
E. Ilay.
E. Ferrers.
E. Strafford.
E. Bristol.
E. Sussex.
E. Cowper.
V. Say & Seale.
V. Townshend.
V. Cobham.
V. Harcourt.
L. B. Durham.
L. B. Sarum.
L. B. Hereford.
L. B. Rochester.
L. B. Oxon.
L. B. Lincoln.
L. B. Peterborough.
L. B. Bristol.
L. B. Norwich.
L. B. Bangor.
L. Carteret.
L. Delawar.
L. Clinton.
L. North & Grey.
L. Compton.
L. Teynham.
L. Maynard.
L. Lucas.
L. Craven.
L. Guilford.
L. Waldegrave.
L. Weston.
L. Herbert.
L. Roffe.
L. Boyle.
L. Montjoy.
L. Foley.
L. Bathurst.
L. Bingley.
L. Onslow.

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.

Judges to attend.

Ordered, That all the Judges then in Town do attend; and that the Petition and Appeal of Susanna Lady Wenman, and the Answer of Sir William Osbaldeston Baronet put in thereunto, be, and are hereby, referred to the said Committee.

Standing Order concerning Protests, to be considered.

The Order of the Day, for taking into Consideration the Motion made on Thursday last, in order to explain and amend the Standing Order of this House, of the Fifth of March 1641, in relation to Protestations, or Dissents, so that the making and entering the same, for the future, shall be the next Sitting Day of this House, before Prayers, and the signing thereof before the Rising of the House the same Day, being read:

It is Ordered, That, on Tuesday next, this House will take the said Motion into Consideration; and the Lords to be summoned.

Records, Commissary Court of Aberdeen, to supply, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for supplying the Records of the Commissary Court of Aberdeen, burnt or lost in the late Fire there."

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. Borret and Mr. Conway:

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

Adjourn.

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

DIE Lunæ, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Sarum.
Epus. Landavens.
Epus. Roffen.
Epus. Cestriens.
Epus. Asaphens.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Warwick.
Comes Sunderland.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Aberdeen.
Comes Orkney.
Comes Bute.
Comes Ilay.
Comes Strafford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.

PRAYERS.

Kien versus Stukeley.

This Day the Answer of Adlard Squire Stukeley Gentleman, to the Petition and Appeal of Christopher Ernest Kien Esquire, was brought in.

Claims on late Directors of S. S. Comp. and others Estates, Times for Hearing, to prolong, Bill.

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

With a Bill, intituled, "An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Aislabie Esquire, and likewise of James Craggs Esquire, deceased, are vested; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Messages from H. C. to return the Bill for recovering Penalties on Game Act; and Blydesteyn's Nat. Bill.

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

To return the Bill, intituled, "An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

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

To return the Bill, intituled, "An Act to naturalize John Blydesteyn;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Forging Powers to transfer Stock, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the Mischiefs by forging Powers to transfer such Stocks, or to receive such Annuities or Dividends, as are therein mentioned, or by fraudulently personating the true Owners thereof; and to rectify Mistakes of the late Managers for taking Subscriptions for increasing the Capital Stock of the South Sea Company, and in the Instruments founded thereupon."

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

Running of Goods, to prevent, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodities of the like Production are subject."

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.

Lottery or Subscription S. S. Company, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the South Sea Company to dispose of the Effects in their Hands by Way of Lottery or Subscription, or to sell Part of their Fund or Annuity, payable at the Exchequer, in order to pay the Debts of the said Company; and for Relief of such who were intended to have the Benefit of a late Act, touching Payment of Ten per Cent. therein mentioned."

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

Adjourn.

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

DIE Martis, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Landavens.
Epus. Hereford.
Epus. Roffen.
Epus. Asaphens.
Epus. Oxon.
Epus. Lincoln.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Devon.
Dux Montrose.
Dux Wharton.
Dux Chandos.
Dux Dorset.
Comes Pembroke.
Comes Warwick.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Teynham.
Ds. Maynard.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Claims on late Directors of S S. Comp. and others Estates, Times for hearing to prolong, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Aislabic Esquire, and likewise of James Craggs Esquire, deceased, are vested; and for other Purposes therein mentioned."

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

Lottery or Subscription, S. S. Company, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the South Sea Company to dispose of the Effects in their Hands by Way of Lottery or Subscription, or to sell Part of their Fund or Annuity, payable at the Exchequer, in order to pay the Debts of the said Company; and for Relief of such who are intended to have the Benefit of a late Act touching Payment of Ten per Cent. therein mentioned.

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

Duke of Chandos, Privilege:

A Petition of John Jones, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in distraining the Goods belonging to certain Tenants of his Grace the Duke of Chandos, was presented to the House, and read; expressing his hearty Sorrow for his said Offence; and humbly begging Pardon of this House and the said Duke for the same; and praying to be discharged out of Custody, to prevent the Ruin of himself and Family:

Jones to be brought to the Bar.

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

Standing Order concerning Protestations, considered.

The Order of the Day, for taking into Consideration the Motion made on Thursday last, in order to explain and amend the Standing Order of this House, of the Fifth of March 1641, in relation to Protestations or Dissents, so that the making and entering the same for the future shall be the next Sitting Day of this House before Prayers, and the signing thereof before the Rising of the House the same Day, being read:

Lords who enter their Dissents, to do it the next Sitting Day, before Two o'Clock.

A Motion was made,

And the Question was put, "That such Lords as shall make Protestation, or enter their Dissents, to any Votes of this House, as they have a Right to do, without asking Leave of the House, either with or without their Reasons, shall cause their Protestation or Dissents to be entered into the Clerks Book the next Sitting Day of this House, before the Hour of Two a Clock, otherwise the same shall not be entered; and shall sign the same before the Rising of the House the same Day?"

It was Resolved in the Affirmative.

Protest against that Resolution:

Dissentient.

"Somerset.
Bristol.
Strafford.
Montjoy,
Aberdeen.
Cowper.
Trevor.
Compton.
Guilford.
Litchfield.
Boyle.
St. John de Bletsoe.
Weston.
Foley."

Amending the Standing Order about them, to be considered.

Then, it being moved, "That the same be made a Standing Order of this House, and entered on the Roll of Standing Orders, instead of the Order of the 5th of March 1641:"

It is Ordered, That on Saturday next this House will take the said Motion into Consideration; and the Lords to be summoned.

Protestations, 19th and 20th Instant, to be considered.

Ordered, That on Saturday next this House will take into Consideration the Protestations entered in the Journal of this House the Nineteenth and Twentieth Instant; and the Lords to be summoned.

Piracy, to suppress, Bill.

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

With a Bill, intituled, "An Act for the more effectual suppressing of Piracy;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

White & al. versus Lightburn & al.

The House being informed, "That George Aylmer attended, on Behalf of Anne White Widow and others, Appellants in a Cause depending in this House, to which Stafford Lightburn and Catherine his Wife and others are Respondents, with several Papers, and that the said Aylmer, having Occasion to be absent, desired now to prove the same to be true Copies:"

He was thereupon called in; and delivered the said Papers, at the Bar, with a Schedule of them; and attested upon Oath, "That the same were true Copies, he having examined them with the Originals in the Court of Chancery in Ireland."

And withdrew.

Adjourn.

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

DIE Mercurii, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Dunelm.
Epus. Sarum.
Epus. Landavens.
Epus. Hereford.
Epus. Roffen.
Epus. Cestriens.
Epus. Asaphens.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Devon.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Berks.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Godolphin.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Aberdeen.
Comes Orkney.
Comes Stair.
Comes Bute.
Comes Ilay.
Comes Ferrers.
Comes Strofford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Pomfret.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Clinton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. St. John Blets.
Ds. Compton.
Ds. Teynham.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Rosse.
Ds. Boyle.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Luttrells versus Luttrell and Netterville.

This Day the Answer of Elizabeth Luttrell Widow and Nicholas Netterville Esquire was brought in, to the Petition and Appeal of Robert Luttrell and Simon Luttrell, Minors, by their Guardians and prochein Amies, William Earl of Cadogan, Richard Lord Baron of Gowran in the Kingdom of Ireland, and William Strickland Esquire.

Merchants and Traders of London versus Bill to prevent the Running of Goods.

Upon reading the Petition of several Merchants and Traders living in and about the City of London, in Behalf of themselves and others; praying, "That the Bill depending in this House, intituled, "An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodites of the like Production are subject," may not pass into a Law; or that the Petitioners may be heard, by themselves or Counsel, against many Things contained in the said Bill, as being injurious to Trade, and contrary to the Liberty of the Subject:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Committee of the whole House to whom the said Bill stands committed; and that any Two of the Petitioners be at Liberty to be heard, in relation thereunto, with respect to Trade.

Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the said Bill.

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

Ordered, That the said Bill be read the Third Time on Friday next.

Claims on late Directors of S. S. Comp. and others Estates, Times for Hearing, to prolong.

The Order of the Day, for the House to be in a Committee on the Bill, intituled, "An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Aislabie Esquire, and likewise of James Craggs Esquire, deceased, are vested; and for other Purposes therein mentioned," being read:

It is Ordered, That, on Friday next this House shall be put into a Committee upon the said Bill.

Duke of Chandos' Privilege; Jones discharged.

This Day John Jones, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in distraining the Goods belonging to certain Tenants of his Grace the Duke of Chandos, was (according to Order) brought to the Bar; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem Martii jam proxim. sequent. hora undecima Auroræ, Dominis sic decernentibus.