House of Lords Journal Volume 22: November 1722

November 1722

DIE Jovis, 1^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Watson versus Beard.

The Answer of Miriam Beard, Widow and Administratrix to her late Husband Benjamin Beard, deceased, who was Executor to Thomas Watson deceased, to the Petition and Appeal of Dorothy Watson Widow, was brought in the Thirty-first of October last:

Dr. Bennet versus Inhabitants of St. Giles's, Cripplegate.

And this Day the Answer of John Perry Esquire, Edward Jeffrys, and others, Respondents to the Petition and Appeal of Thomas Bennet Doctor in Divinity, was brought in.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Hugh Earl of Loudoun.

James Earl of Findlater.

Mathew Lord Ducie.

Luttrells versus Luttrell and Netterville.

Upon reading the Petition of Thomas Cole Gentleman, Clerk to Mr. John Hamilton, who is employed as Agent for Elizabeth Luttrell Widow and Nicholas Netterville Esquire, Respondents to the Petition and Appeal of Robert Luttrell and Simon Luttrell, Infants, by their Guardians William Earl Cadogan, Richard Lord Baron of Goran, and William Strickland Esquire; setting forth, That the said Hamilton's Affairs, some Time ago, requiring his Attendance in Ireland, and that he is not yet returned;" and praying, "In regard all the Papers necessary for the Respondent's Defence are in his Custody, that the Hearing the said Cause, which stands appointed for the Seventh Instant, may be put off to such further Time as may be thought meet:"

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

Walker versus Scrape.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcript of the Record upon a Writ of Error, wherein Robert Walker Esquire is Plaintiff, and Christopher Scrape is Defendant.

Hamilton's Pet to receive an Appeal:

A Petition of Archibald Hamilton Esquire, was presented to the House, and read; praying, "That an Appeal, on Behalf of his Father, from a Decree of the Lords of Session in Scotland, may be received, though the Time limited for bringing Appeals was elapsed."

And thereupon the Petitioner was called in; and examined upon Oath, in relation to the Allegations of the said Petition.

And being withdrawn:

Rejected.

It is Ordered, That the said Petition be rejected.

Whadcock & al Pet. referred to Judges.

Upon reading the Petition of Simon Whadcock, Humphrey Whadcock his Son, Richard Fowler Esquire and Dorothy his Wife, Mary Browne, Samuel Wright, Thomas Brcarley, Humphrey Brearley, and William Brearley; praying Leave to bring in a Bill, for Sale of the Estate of Humphrey Whadcock Gentleman, deceased, in the Counties of Leicester and Warwick, to pay off a Debt due to the Crown, and to discharge other Incumbrances thereon, and for other Purposes in the Petition mentioned:

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

Haldane and Dundas versus Dean and Faculty of Advocates & al.

The House (according to Order) proceeded to take into Consideration the Matter of the Petition and Appeal of Mr. Patrick Haldane Advocate, in his own Behalf, and Robert Dundas Esquire, His Majesty's Advocare for Scotland, in Behalf of the Crown, presented to this House the Three and Twentieth of October last; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-eighth of December, the Twenty-sixth of January, and Eighth of June last, upon a Petition presented in the Name of the Dean and Faculty of Advocates, as also upon a Petition of the Six Principal Clerks of Session there; and praying Relief in the Premises:

It is thereupon Ordered, by the Lords Spititual and Temporal in Parliament assembled, That the said Dean and Faculty of Advocates in Scotland and the Principal Clerks of Session there may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Twenty-ninth Day of this Instant November; and that Service of this Order on the Dean of Faculty, and on any One of the Advocates who signed the said Petitions in the Name of the Faculty of Advocates residing in Scotland, be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quintum diem instantis Novembris, hora decima Auror. Dominis sic decernentibus.

DIE Lunæ, 5^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Sir P. King, C. J. of Common Pleas, appointed Speaker by Commission.

The House being acquainted, "That His Majesty had been pleased to grant a Commission under the Great Seal, to Sir Peter King Knight, Chief Justice of the Court of Common Pleas, to supply the Place of Lord Chancellor, as Speaker of this House, during the Absence of Thomas Earl of Macclesfield, Lord High Chancellor of Great Britain:"

The said Commission was read, by the Clerk, as follows:

"GEORGE R.

"George, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Well-beloved Counsellor Sir Peter King Knight, Chief Justice of Our Court of Common Pleas, Greeting. Know ye, that We, trusting in your approved Fidelity, Wisdom, and Discretion, have constituted, named, and appointed, and by these Presents do constitute, name, and appoint you, from Time to Time, to use and supply the Room and Place of Lord Chancellor of Great Britain, in the Upper House of Parliament, amongst the Lords Spiritual and Temporal there assembled, during the Absence of Our Right Trusty and Well-beloved Cousin and Counsellor Thomas Earl of Macclesfield, Lord High Chancellor of Great Britain, from his accustomed Place in Our said Upper House of Parliament; and then and there to do and execute all such Things which Our said Chancellor of Great Britain, using and supplying the said Room and Place, should or might do in that Behalf. Wherefore We will and command you the said Sir Peter King to attend and execute the Premises with Effect. And these Our Letters Patents shall be your sufficient Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents.

"Witness Ourself, at Westminster, the One and Thirtieth Day of October, in the Ninth Year of Our Reign.

"Per ipsum Regem, propria Manu signat.

"Wrighte."

Which being done; the said Lord Chief Justice took his Place upon the Woolsack, as Speaker.

PRAYERS.

Adjourn.

Petrus King Miles, Capitalis Justiciarius Communium Placitorum, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Novembris, hora decima Auroræ, Dominis sic decernentibus.

The Lords went to the Abbey Church, Westminster, to hear a Sermon.

Die Lunæ 10^o Februarii, 1723. hitherto examined by us,

Findlater.
Hu. Bristol.
W. Bangor.
Jo. Carliol.
Jo. Norwich.

DIE Mercurii, 7^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day John Lord Bishop of Oxford and Henry Lord Maynard came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Abp. of York & al. Pet. referred to Judges.

Upon reading the Petition of William Lord Archbishop of Yorke, on the Behalf of himself and of Darcy Dawes Esquire his only Son, an Infant; and also the Petition of Samuel Breary Doctor in Divinity, John Batty Esquire; Thomas Breary Merchant, and Francis Hildyard Gentleman, Guardians of Sarah Roundell Spinster; an Infant, on the Behalf of the said Sarah Roundell; praying Leave to bring in a Bill, to enable the said Archbishop and his Son, and also the said Sarah Roundell, with the Consent of her Guardians, to make such Settlements of their respective Estates (notwithstanding the Minorities of the said Darcy Dawes and Sarah Roundell), for the Benefit of them Two and the Issue between them to be begotten, in such Manner as by the Petitioners shall be stipulated and agreed upon:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice 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.

Thanks to Bp. of Gloucester, for his Sermon.

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

Meighan to enter into Recognizance for L. Blany.

The House being moved, "That Patrick Meighan of St. Andrew's Holbourn Gentleman may be permitted to enter into a Recognizance for Cadwallader Lord Blany and Mary Lady Dowager Blany, on Account of their Appeal depending in this House, to which Nicholas Mahon Esquire and Elianor his Wife are Respondents; the Appellants residing in Ireland:"

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

Simon to enter into Recognizance for Vinton & al.

The like Order for William Simon, Master of the King's Bench, to enter into a Recognizance for Archilaus Vinton and others, on Account of their Appeal depending in this House, to which John Edgcomb Gentleman is Respondent; the Appellants residing in Devonshire.

Kien versus Stukeley:

Upon reading the Petition of Adlard Squire Stukeley Gentleman, Respondent to the Appeal of Christopher Ernest Kien Esquire; setting forth, "That the Decree from which the Appellant has complained, having been pronounced by the Barons of the Court of Exchequer, and the said Appeal being appointed to be heard on Friday next;" and praying, "In regard the Petitioner is advised that some Points of Law may arise upon the Hearing the said Cause, that the Barons of the said Court of Exchequer may then attend:"

Judges to attend.

It is Ordered, That some of the Judges of the Court of King's Bench and some of the Judges of the Court of Common Pleas do attend this House, at the Hearing of the said Canse.

Message from H C. with a Bill.

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

With a Bill, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout;" to which they desire the Concurrence of this House.

Watson versus Beard.

Upon reading the Petition of Dorothy Watson Widow; setting forth, "That the Petitioner lodged her Petition and Appeal in this House, the Seventeenth of October last, in Forma Pauperis;" and praying, That a Bill of Sale and Bond of the Twenty-fifth of March 1705, produced at the Hearing in the Court of Exchequer, may be produced at the Hearing in this House; and that Mr. Serjeant Darnell and Mr. Edward Short may be assigned the Petitioner's Counsel; and that a Day may be appointed; for hearing the said Cause:"

It is Ordered, That the said Bill of Sale and Bond be produced at the Hearing; and that Mr. Serjeant Darnell and Mr. Edward Short be, and they are hereby, assigned the Petitioner's Counsel, according to the Prayer of the said Petition; and that this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the One and Twentieth Day of this Instant November, at Eleven a Clock.

L. Craven & al. Petition referred to Judges.

Upon reading the Petition of William Lord Craven, James Baylie and Robert Ayre Churchwardens of the Parish of St. Clement's Danes, Thomas Millington and Nicholas Sweeting Churchwardens of the Parish of St. Martin's in the Fields, Bartholomew Wimberly and Charles Hunt Churchwardens of the Parish of St. James's Westminster, and Peter Guerin, Thomas Camlyn, and Thomas Edmunds, Churchwardens of the Parish of St. Paul Covent Garden; praying Leave to bring in a Bill, for confirming an Agreement between the Petitioners, touching a Plece of Ground in the said Parish of St. Martin's in the Fields:

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

Mello's Nat. Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout."

Voguell & al. Pet. to be added to it.

A Petition of Frederick Voguell, Gerrard Swart, William Isaac Kops, Moses Rigail, James Chrest, John Girardot, James de Roussel, Baltbazar Swartz, Herman Jacobs, and Paul Heeger; praying to be added to the Bill, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout," was presented to the House, and read.

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

Adjourn.

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

DIE Veneris, 9^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Thomas Earl of Westmorland and Thomas Earl of Pomfret came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Voguell & al. sworn.

Frederick Voguell, Gerrard Swart, William Isaac Kops, Moses Rigail, John Girardot, James de Roussel, Balthazar Swartz, Herman Jacobs, and Paul Heeger, took the Oaths, at the Bar, in order to their Naturalization.

Kien versus Stukeley:

After hearing Counsel upon the Petition and Appeal of Christopher Ernest Kien Esquire; complaining of a Decree of the Court of Exchequer, of the Eighth Day of February last, in a Cause wherein Adlard Squire Stukeley Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed, with Costs:" As also upon the Answer of the said Adlard Squire Stukeley put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, and Respondent's Bill dismissed without Costs.

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 that the Respondent's Bill in the Court of Exchequer be, and the same is hereby, dismissed, without Costs.

Dawes & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of William Lord Archbishop of York, on the Behalf of himself and of Darcy Dawes Esquire his only Son, an Infant, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Darcy Dawes Esquire and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities."

Mello's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout."

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.

Voguell & al. Petition referred to Committee.

Ordered, That the Petition of Frederick Voguell and others; praying to be added to the beforementioned Bill; which was, on Wednesday last, ordered to lie on the Table till the Second Reading thereof, be referred to the said Committee.

Travers to enter into a Recognizance for Mackenzie.

The House being moved, "That James Travers Esquire may be permitted to enter into a Recognizance for Mr. Kenneth M'kenzie and others, on Account of their Appeal depending in this House, to which Damel and John Mackilligins are Respondents; the Appellants residing in Scotland:"

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

Dagenham Breach, Accompt delivered.

The House being informed, "That a Person from the Trustees appointed by an Act of Parliament passed in the Twelfth Year of the Reign of Her late Majesty, for stopping the Breach in The Levells of Havering and Dagenham, in the County of Essex, was attending at the Door:"

He was called in.

And Mr. David Le Gros, Secretary to the said Trustees, presented to the House, pursuant to a Clause in the said Act,

A Paper, intituled, "Accompt of the Treasurer to the Trustees for Dagenham-Breach, for One Year, ended at Michaelmas 1722."

And then he withdrew.

And the said Title was read.

Adjourn.

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

DIE Lunæ, 12^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of St. Albans takes the Oaths.

This Day Charles Duke of St. Albans came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dr. Bennet versus Inhabitants of St. Giles's Cripplegate.

The House being moved, on the Behalf of Thomas Bennet Doctor in Divinity, Appellant in a Cause depending in this House, to which John Perry, Henry Lowth, and others, Inhabitants of the Parish of St. Giles's, Cripplegate, London, and Trustees for the said Parish; and also the Churchwardens of the same Parish, on the Behalf of themselves and all other the Inhabitants of the said Parish, are Respondenrs, "That a Day may be appointed, for hearing thereof:"

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

Jenyns & al. Pet. referred to Judges.

Upon reading the Petition of John Jenyns Esquire and Jane Jenyns his Mother, and of James Jenyns Esquire his next Brother, and Rachel his Wife, Charles Longucville Esquire, William Hawkins Esquire, William Estwick Gentleman, Gell Marshall Esquire, and Thomas Jenyns Gentleman; praying Leave to bring in a Bill, to confirm certain Exchanges, Conveyances, and other Assurances, made by the Petitioners John Jenyns and his Mother, and to supply some Defects in the Articles and Settlement in the Petition mentioned, and to enable the Petitioner John Jenyns to make a Settlement on any future Marriage:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Fortescue and Mr. Baron Gilbert; 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.

White & al. versus Lightburn & al.:

Counsel were this Day (according to Order) called in, to be heard, upon the Petition and Appeal of Anne White Widow, Paul Howel Esquire, and Thomas Burrows Gentleman; complaining of certain Orders of the Court of Chancery in Ireland, of the Fifth of July and Thirteenth of November 1721, in a Cause there depending, wherein Stafford Lightburn Esquire and Catherine his Wife, James Kennedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue, were Plaintiffs, and the Appellants and others were Defendants; and praying, "That the same and all Proceedings thereupon may be reversed, and the Appellants relieved:" As also upon the Answer of the said Stafford Lightburn and Catherine his Wife, James Kennedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue, put in to the said Appeal:

And the Respondents Counsel praying, "That they might be at Liberty to bring their Cross Appeal, and amend their Answer, so as to bring the Rights of the Matters in Question fully before their Lordships:"

And being withdrawn:

The House ordered the Counsel for the Appellants to be asked, "If all the Appellants are now in England?"

Then the Counsel being called in; and acquainted therewith:

The Counsel for the Appellants said, "That some of the Appellants are still in Ireland."

And being again withdrawn;

The following Order was made:

Respondents to bring their Cross Appeal.

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondents have hereby Leave given them to prefer their Cross Appeal within a Week, and amend their Answer, so as fully to bring the Rights of the Matters in Question before their Lordships; and that the Appellants shall answer thereunto; and that the further Hearing of this Appeal be adjourned till Thursday the 17th Day of January next."

Dawes & al. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Darcy Dawes and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Monday the Twenty-sixth Day of this Instant November, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

March. Dowager of Annandale versus Marq. Annandale:

The House was informed, "That James Marquis of Annandale, who, by Order of this House, of the Twelfth of October last, was required to put in his Answer to the Appeal of Charlotta Marchioness Dowager of Annandale on or before Friday the Ninth Day of this Instant November, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

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

March. Dowager Annandale and Children versus Marq. Annandale:

The House was also informed, "That James Marquis of Annandale, who, by Order of this House of the Twelfth of October last, was required to put in his Answer to the Appeal of Charlotta Marchioness Dowager of Annandale, and Lords George and John Johnstoun her Children, Infants, by their Mother and Guardian, on or before Friday the Ninth Day of this Instant November, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

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

Adjourn.

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

DIE Veneris, 16^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

William Duke of Devonshire.

Hugh Earl of Cholmondeley.

James Earl of Bute.

Luttrells versus Luttrell and Netterville.

Whereas this Day was appointed, for hearing the Cause wherein Robert Luttrell and Simon Luttrell, Minors, by their Guardians and prochein Amies William Earl Cadogan, Richard Lord Baron of Gowran, and W'm Strickland Esquire, are Appellants, and Elizabeth Luttrell, alias Netterville, and Nicholas Netterville Esquire, are Respondents:

And the House being informed, "That the said Parties are under a Treaty for an Accommodation; and desire that the Hearing thereof may be put off for a Month:"

And thereupon the Solicitors on both Sides were called in; and severally consenting, on the Behalf of their respective Clients, 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 Friday the Fourteenth Day of December next, at Eleven a Clock.

The House was adjourned during Pleasure.

The House was resumed.

Message from the King, concerning the Pretender's Declaration:

The Lord Viscount Townshend acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to this House."

And the same was read, by the Lord Chancellor, as follows:

"GEORGE R.

"His Majesty, having been informed that many scandalous Declarations in Print have been, by several Foreign Posts, transmitted into this Kingdom, in order to be dispersed amongst His good and faithful Subjects, to poison their Minds, and seduce them from their Allegiance; several of those Declarations have, by His Majesty's Order, even since His Majesty received from both Houses of Parliament the last most solemn and acceptable Assurances of their Fidelity, been intercepted; and, amongst them, an Original, in Writing, signed, as His Majesty has good Reason to believe, by the Pretender himself: This, together with One of the printed Copies, His Majesty has ordered to be laid before you, as a Matter not unworthy of your Consideration."

Then his Lordship delivered in the said original Declaration, in Writing, signed by the Pretender himself; as also One of the printed Copies thereof, mentioned in His Majesty's said Message.

And the same being read, by the Clerk, the House came to the following Resolutions; (videlicet,)

The Declaration voted a traiterous Libel, and ordered to be burnt by the Hangman:

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Paper this Day communicated by His Majesty, intituled, "Declaration of James the Third, King of England, Scotland, and Ireland, to all His loving Subjects of the Three Nations, and to all Foreign Princes and States, to serve as a Foundation for a lasting Peace in Europe," and signed "James Rex," is a false, insolent, and traiterous Libel, the highest Indignity to His Most Sacred Majesty King George, our lawful and undoubted Sovereign; full of Arrogance and Presumption, in supposing the Pretender in a Condition to offer Terms to His Majesty; and injurious to the Honour of the British Nation, in imagining that a free Protestant People, happy under the Government of the Best of Princes, can be so infatuated, as, without the utmost Contempt and Indignation, to hear of amy Terms from a Popish bigoted Pretender."

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the printed Copy of the Pretender's Declaration, mentioned in His Majesty's Message, be burnt, by the Hands of the Common Hangman, at The Royal Exchange in London, upon Tuesday next, at One of the Clock; and that the Sheriffs of London do cause the same to be burnt there accordingly."

Ordered, That the said Resolutions be communicated to the House of Commons, at a Conference; and that their Concurrence thereto be desired; and that His Majesty's most Gracious Message under His Royal Sign Manual, together with the Pretender's original Declaration, signed by the Pretender himself, and One of the printed Copies thereof, mentioned in His Majesty's said Message, be also communicated to the House of Commons, at the said Conference.

Committee to prepare Heads for a Conference with H. C. about it:

The Lords following were appointed a Committee, to prepare what shall be offered at the said Conference; and to report to the House; (videlicet,)

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure, and the Lords went to the Committee.

After some Time, the House was resumed.

Report from the Committee:

And the Earl of Scarbrough reported from the said Committee what they thought proper to be offered to the Commons, at the Conference, as follows:

"The Lords, being extremely desirous, upon all Occasions, to preserve a perfect good Correspondence with the House of Commons, have asked this Conference, in order to acquaint them, "That the Lords, having taken into Consideration a Message this Day sent to them by His Majesty, under His Sign Manual, concerning an original Declaration, in Writing, signed by the Pretender himself, and several printed Copies thereof, lately transmitted into this Kingdom, have come to the following Resolutions; (videlicet,)

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Paper this Day communicated by His Majesty, intituled, "Declaration of James the Third, King of England, Scotland, and Ireland, to all His loving Subjects of the Three Nations, and to all Foreign Princes and States, to serve as a Foundation for a lasting Peace in Europe," and signed "James Rex," is a false, insolent, and traiterous Libel, the highest Indignity to His most Sacred Majesty King George, our lawful and undoubted Sovereign; full of Arrogance and Presumption, in supposing the Pretender in a Condition to offer Terms to His Majesty, and injurious to the Honour of the British Nation, in imagining that a free Protestant People, happy under the Government of the Best of Princes, can be so infatuated, as, without the utmost Contempt and Indignation, to hear of any Terms from a Popish bigoted Pretender."

"Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the printed Copy of the Pretender's Declaration, mentioned in His Majesty's Message, be burnt, by the Hands of the Common Hangman, at The Royal Exchange in London, upon Tuesday next, at One of the Clock; and that the Sheriffs of London do cause the same to be burnt there accordingly."

"Which Resolutions the Lords have directed us to communicate to the House of Commons, and to desire their Concurrence therewith.

"We are likewise directed, by the Lords, to communicate to the House of Commons His Majesty's said Message, under His Sign Manual, this Day sent to the Lords; together with the Pretender's original Declaration, signed by himself, and One of the printed Copies thereof, mentioned in His Majesty's said Message."

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

Then,

Message to H. C for the Conference:

A Message was sent to the House of Commons, by Mr. Baron Price and Mr. Justice Eyre:

To desire a present Conference with that House, in the Painted Chamber, touching an original Declaration, in Writing, signed by the Pretender himself, and several printed Copies thereof, lately transmitted into this Kingdom.

Answer:

The Messengers sent to the House of Commons return Answer:

That the Commons agree to a present Conference as desired.

Managers appointed:

Ordered, That the Lords Committees who prepared what shall be offered at the Conference be the Managers of the Conference.

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Managers Names were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord President reported, "That the Managers had been at the Conference, and delivered to the Commons what they were commanded."

Adjourn.

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

Die Martis, 11^o Februarii, 1723, hitherto examined by us,

Findlater.

Lan. Exon.

Hu. Bristol.

Jo. Norwich.

De Lawarr.

DIE Sabbati, 17^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

D. Cleveland and South'ton takes the Oaths.

This Day Charles Duke of Cleveland and Southampton came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Lightburn & al. versus White & al.: Gross Appeal.

Upon reading the Petition and Appeal of Stafford Lightburn Esquire and Catherine his Wife, James Kennedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue; complaining of several Orders of the Court of Chancery in Ireland, of the Fifth of July and Thirteenth of November 1721, in a Cause there depending, wherein the Petitioners were Plaintiffs, and Anne White Widow, Paul Howel Esquire, Thomas Burrowes Gentleman, and others, were Defendants; and praying, "That the same may be altered and varied, as shall be agreeable to the Nature of the Case:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne White, Paul Howel, Thomas Burrowes, and John Usher, and Constance Ashmore, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the Two and Twentieth Day of December next; and that Service of this Order on the Respondents Clerk or Clerks in the Chancery of Ireland be deemed good Service.

Loubier's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Anthony Loubier and Henry Loubier;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time.

Message from H. C. for a Conference about the Pretender's Declaration:

A Message was brought from the House of Commons, by Mr. Townshend and others:

To desire a Conference, upon the Subject-matter of the last Conference.

To which the House agreed.

Conference agreed to:

Then the Messengers were called in; and told, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

Managers appointed.

Ordered, That the Managers of the last Conference be the Managers of this Conference.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up the Transcripts of the Records upon Two Writs of Error; in one of which,

Basket versus Travels.

John Baskett is Plaintiff, and James Travers is Defendant:

And in the other,

Maber versus Thornton.

Edward Maber is Plaintiff, and Robert Thornton is Defendant.

Conference about the Pretender's Declaration had, and reported:

The House being informed, "That the Managers for the Commons were ready, in the Painted Chamber:"

The Names of the former Managers for this House were read.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had been at the Conference; at which the Managers for the Commons had delivered back to the Lords His Majesty's Message under His Royal Sign Manual, the original Declaration signed by the Pretender, and the printed Copy thereof, and the Resolutions of this House:" And acquainted the Lords, "That the Commons have agreed to both the said Resolutions, with an Amendment to One of them; to which Amendment the Commons desire their Lordships Concurrence."

And also, "That the Commons have agreed to an Address, to be presented to His Majesty on this Occasion; to which Address the Commons desire their Lordships Concurrence."

Then the Amendment to the 2d Resolution, (videlicet,) "After ["do"], to insert ["then attend in their own proper Persons, and"], being read Twice, was agreed to.

Which Resolutions are as follow:

"Resolved, by the Lords Spiritual and Temporal and Commons in Parliament assembled, That the Paper this Day communicated by His Majesty, intituled, "Declaration of James the Third, King of England, Scotland, and Ireland, to all his loving Subjects of the Three Nations, and to all Foreign Princes and States, to serve as a Foundation for a lasting Peace in Europe," and signed "James Rex," is a false, insolent, and traiterous Libel; the highest Indignity to His most Sacred Majesty King George, our lawful and undoubted Sovereign; full of Arrogance and Presumption, in supposing the Pretender in a Condition to offer Terms to His Majesty; and injurious to the Honour of the British Nation, in imagining that a free Protestant People, happy under the Government of the Best of Princes, can be so infatuated, as, without the utmost Contempt and Indignation, to hear of any Terms from a Popish bigoted Pretender."

"Resolved, by the Lords Spiritual and Temporal and Commons in Parliament assembled, That the printed Copy of the Pretender's Declaration, mentioned in His Majesty's Message, be burnt, by the Hands of the Common Hangman, at The Royal Exchange in London, upon Tuesday next, at One of the Clock; and that the Sheriffs of London do then attend in their own proper Persons, and cause the same to be burnt there accordingly."

Then the said Address was also read.

And the same was, by filling the Blank with ["Lords Spiritual and Temporal and"], agreed to by the House; and is as follows; (videlicet,)

Address concerning the Declaration:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and faithful Subjects, the Lords Spiritual and Temporal and Commons in Parliament assembled, being deeply affected with the Sense of those many Blessings which we have constantly enjoyed, and hope long to enjoy, under Your Majesty's most just and gracious Government; and being thoroughly convinced that our Religious and Civil Rights, as well as the very Being of the British Name and Constitution, do, under God, entirely depend upon the Preservation of Your Majesty's Sacred Person, and of the Protestant Succession as settled by Law in Your Royal Line, are filled with the utmost Astonishment and Indignation at the unexampled Presumption and Arrogance of the Pretender to Your Dominions, in daring to offer such an Indignity to Your Majesty and the British Nation, as to declare to Your Subjects, and all Foreign Princes and States, that he finds himself in a Condition to offer Terms to Your Majesty, and even to capitulate with You for the absolute Surrender of the Religion and Liberties of a free Nation.

"However great the Infatuation of his Advisers may be, we are sensible nothing could have raised his and their Hopes to so extravagant a Degree of Presumption, but repeated Encouragements and Assurances from the Conspirators at Home, founded on the most injurious and gross Misrepresentations of the Inclinations and Affections of Your Majesty's Subjects, and a rash Conclusion, that, because some, from whom it ought least to have been expected, had broke through the solemn Restraint of reiterated Oaths, in order to raise themselves on the Ruins of their Country, therefore the whole Body of the Nation was ripe for the same fatal Defection, and ready to exchange the mild and legal Government of a most indulgent Prince for the boundless Rage of an attainted Fugitive, bred up in the Maxims of Tyranny and Superstition.

"But we, Your Majesty's most dutiful and loyal Subjects, resolve, by a steady and constant Adherence to Your Government, to wipe off this Stain and Imputation from the Name of Britons; and to convince the World, that those wicked Designs formed against Your Majesty's Sacred Person and Government, which the Insolence of this Declaration proves to be most real while it affects to treat them as imaginary, are indeed impracticable, against a Prince relying on, and supported by, the Vigour and Duty of a British Parliament, and the Affections of His People.

"And we beg Leave, in most solemn Manner, to assure Your Majesty, that neither the impotent Menace of Foreign Assistance, nor the utmost Efforts of Domestic Traitors, shall ever deter us from standing by Your Majesty with our Lives and Fortunes, and supporting Your Majesty's most just Title to the Crown of these Realms, against the Pretender, and all his open and secret Abettors both at Home and Abroad."

Whole House to attend the King with it:

Ordered, That the whole House do attend His Majesty with the said Address.

Lords to know when His Majesty will be attended.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended, with an Address of both Houses of Parliament.

Commons to be acquainted, that the Lords have agreed to then Amendments to the Resolution about the Pretender's Declaration:

Ordered, That the Commons be acquainted, at a Conference, "That the Lords have agreed to the Amendment made by the Commons to One of their Lordships Resolutions, delivered Yesterday to the Commons at a Conference; and have likewise agreed to the Address to His Majesty, this Day delivered to the Lords by the Commons, at a Conference."

Committee to prepare Heads for a Conference on the Subject:

Ordered, That the Lords who were appointed a Committee, to prepare what was offered at the Conserence Yesterday, do prepare what shall be offered at this Conference:

Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure, and the Lords went to the Committee.

After some Time, the House was resumed.

And the Earl of Scarbrough reported from the said Committee, what they thought proper to be offered to the Commons at the Conference, as follows:

Report from the Committee.

"The Lords have agreed to the Amendment made by the Commons to One of their Lordships Resolutions, delivered Yesterday to the Commons at a Con ference; and have likewise agreed to the Address to His Majesty, this Day delivered to the Lords by the Commons at a Conference; and have sent to His Majesty, to know when He will be pleased to be attended with the Address of both Houses: And do desire the Commons to continue sitting some Time longer."

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

Message to H. C. for the Conference:

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

To desire a present Conference, upon the Subjectmatter of the last Conference.

Answer:

The Messengers sent to the House of Commons return Answer:

That the Commons will give a present Conference, as desired.

Ordered, That the Lords Committees who prepared what shall be offered at the Conference be the Managers of the Conference.

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Managers Names were read.

Conference had, and reported.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had been at the Conference, and delivered to the Commons what they were commanded."

A Message from the House of Commons, by the Earl of March and others:

To acquaint this House, that the Commons do agree to continue sitting some Time longer, as their Lordships do desire.

King to be attended with Address about the Pretender's Declaration:

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended, with an Address of both Houses of Parliament; and that His Majesty had been pleased to appoint to be attended immediately, at His Palace of St. James's."

Message to H. C. to acquaint them with it.

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

To acquaint them, "That His Majesty has been pleased to appoint both Houses to attend His Majesty immediately, with their Address, at His Palace of St. James's; and that their Lordships are going thither immediately."

Causes put off.

Whereas Monday next is appointed, for hearing the Cause wherein Thomas Bennet Doctor in Divinity is Appellant; and John Perry, Henry Lowth, and others, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the Cause appointed for Wednesday be heard on the Monday following.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum secundum diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

DIE Jovis, 22^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Sutherland & al. versus Grant and Duff.

The Answer of James Grant of Grant Esquire, and William Duff of Dipple Esquire, Respondents to the Petition and Appeal of John Earl of Sutherland, and Mr. Charles, Mr. George, Mrs. Hellen, and Mrs. Janet Sutherland, Children to the deceased William Lord Strathnaver, was brought in the 19th Instant.

March. Dowager Annandale versus Marq. Annandale.

The Answer of James Marquis of Annandale, Respondent to the Petition and Appeal of Charlotta Marchioness Dowager of Annandale:

March. Dowager Annandale and Children versus Marq. Annandale.

And the Answer of the said Marquis of Annandale, Respondent to the Petition and Appeal of Charlotta Marchioness Dowager of Annandale, and Lords George and John Johnstoun her Children, Infants, by their Mother and Guardian, were brought in the Twenty-first Instant.

M^cpherson versus M^cpherson.

And this Day the Answer of James M'pherson of Dallrady, Respondent to the Petition and Appeal of James M'pherson Younger of Killiehuntlie, was brought in.

His Majesty's Answer to the Address of both Houses:

The Lord Chancellor reported, "That both Houses did, on Saturday last, present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videlicet,)

"My Lords, and Gentlemen,

"I give you many Thanks, for the just Resentment you have expressed against the Indignity offered to Me and the British Nation.

"I shall continue to protect and support My good People, in the full Enjoyment of their Religion, Liberties, and Property, against all that shall endeavour to subject them to Tyranny and Superstition."

Message, Resolutions, Address, and Answer, to be printed.

Ordered, That His Majesty's Message, under His Royal Sign Manual, concerning an original Declaration in Writing signed by the Pretender himself, and several printed Copies thereof, lately transmitted into this Kingdom, and the Resolutions of both Houses thereupon, together with the Address of both Houses presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Lords take the Oaths.

This Day Thomas Earl of Pembroke and Montgomery and William Earl of Aberdeen came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

March. Dowager Annandale versus Marq. Annandale.

The House being moved, on the Behalf of Charlotta Marchioness Dowager of Annandale, Appellant in a Cause depending in this House, to which James Marquis of Annandale is Respondent, "That a Day may be appointed, for hearing thereof:"

March. Dowager Annandale and Children versus Marq Annandale.

The House being also moved, on the Behalf of the said Charlotta Marchioness Dowager of Annandale, and Lords George and John Johnstoun her Children, Infants, by their Mother and Guardian, Appellants in a Cause depending in this House, to which the said James Marquis of Annandale is Respondent, "That a Day may be appointed, for hearing thereof:"

Then, a Petition of Alexander Hamilton Gentleman, Agent for James, Marquis of Annandale, Respondent to the said Appeals, was presented to the House, and read; setting forth, "That the said Respondent being in Scotland, and obliged to attend the settling of some Affairs in that Country, in order to his Journey to London; and being under a Necessity to prepare the proper Extracts of the Proceedings in both the said Causes, which, by reason of the Sickness of Charles Eresken, the Respondent's Advocate, will require some longer Time than is usual in other Cases;" and praying, on the Behalf of the said Respondent, "That the Hearing the said Causes may be appointed the First and Second Days for Causes after the Christmas Holidays."

And thereupon the Petitioner was called in; and examined, upon Oath, touching the Allegations of the said Petition; as was also the Appellant's Agent, touching what he had to say against the Prayer of the said Petition.

And being withdrawn:

It is Ordered, That this House will hear the First of the said Causes, by Counsel, at the Bar, on Friday the Seventh Day of December next; and the other, on the Monday following.

Walker versus Scrape.

The House being informed, "That John Walker Esquire, Plaintiff in a Writ of Error brought into this House the First Day of this Instant November, to which Christopher Scrape is Defendant, hath assigned his Errors, and alledged Diminution, and prayed a Certiorari; which he hath neglected to return within the Time limited by the Standing Order:"

And thereupon the said Standing Order of the Thirteenth of December 1661, relating to the Proceedings on Writs of Error; and the Standing Order of the Twenty-first of February 1717, "That Certificates be given of Diminution alledged;" being read:

It is Ordered, That the said Plaintiff do lose the Benefit of his Diminution alledged, and the Certiorari prayed thereupon; and that the Defendant do proceed, as if no such Diminution had been alledged, or Certiorari prayed.

Watson versus Bird.

Whereas, by Order of this House of the Seventh Day of this Instant November, upon reading the Petition of Dorothy Watson Widow, Appellant in a Cause depending in this House, to which Miriam Bird Widow is Respondent, Mr. Serjeant Darnell and Mr. Edward Short were assigned the Appellant's Counsel:

And the House being this Day moved, "In regard the said Mr. Serjeant Darnell was not concerned in the said Cause below, and has given his Opinion against proceeding on the said Appeal, that the said Order, so far as concerns him, may be discharged:"

It is Ordered, That the said Serjeant Darnell be excused, as desired; and that the Appellant be at Liberty to apply to this House, to assign her One other Counsel, in the Place of the said Serjeant Darnell.

Mello's Nat, Bill.

The Lord Delawar reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout," was committed: "That the Committee had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum tertium diem instantis Novembris, hora undecima Auror. Dominis sic decernentibus.

Die Veneris, 14^o Februarii, 1723, hitherto examined by us,

Yarmouth.
Hu. Bristol.
Jo. Norwich.

DIE Veneris, 23^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day George Earl of Northampton and Henry Earl of Berkshire came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Walker versus Scrape.

The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon a Writ of Error depending in this House, wherein Robert Walker Esquire is Plaintiff, and Christopher Scrape is Defendant:"

Errors to be argued.

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Tuesday next, at Eleven a Clock.

Dr. Bennet versus Inhabitants of St. Giles's, Cripplegate.

After hearing Counsel, in Part, upon the Petition and Appeal of Thomas Bennet Doctor in Divinity, from a Decree of the High Court of Chancery, made the Tenth Day of May 1721, in a Cause wherein John Perry Esquire, Henry Lowth, and others, Inhabitants of the Parish of St. Giles's, Cripplegate, London, and Trustees for the said Parish, and also the Churchwardens of the same Parish, on the Behalf of themselves and all other the Inhabitants of the said Parish, were Plaintiffs, and the Appellant Defendant: As also upon the Answer of the said John Perry, Henry Lowth, and others, put in to the said Appeal:

And being withdrawn:

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

Adjourn.

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

DIE Sabbati, 24^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dr. Bennet versus Inhabitants of St. Giles's Cripplegate:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Bennet Doc tor in Divinity; complaining of a Decree of the High Court of Chancery, made the Tenth Day of May 1721, in a Cause wherein John Perry Esquire, Henry Lowth, and others, Inhabitants of the Parish of St. Giles's Cripplegate, London, and Trustees for the said Parish, and also the Churchwardens of the same Parish, on the Behalf of themselves and all other the Inhabitants of the said Parish, were Plaintiffs, and the Appellant Defendant; and praying, "That the said Decree, and all Proceedings thereupon, may be reversed:" As also upon the Answer of John Perry, Edward Jeffrys, Henry Morris, John Shaler, Henry Lowth, Edmond Tibby, John Smither, William Hux, Robert Champ, and Elisha Bently, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, with Directions.

It is Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondents are entitled to be relieved, upon the Terms of the Agreement made between the Appellant and a Committee of General Vestry, the Second of May One Thousand Seven Hundred and Nineteen, and ratified by the General Vestry the Second of June One Thousand Seven Hundred and Nineteen, and upon Payment of all his Costs at Equity as well as at Law, and not otherwise: And 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, That the Court of Chancery do proceed in the said Cause, according to the Declaration aforesaid; and that the said Court do limit a Time, within which a Lease, to be prepared accordingly by a Master of that Court, and executed by the Appellant, shall be accepted, and a Counterpart thereof executed by Trustees, to be nominated by the Parish; and, in Default thereof, that the said Court shall dismiss the Respondents Bill, with Costs.

Stoppages in the Streets to be prevented.

Complaint being made to the House, of the great Interruption, by Hackney-Coaches, Carts, and Drays, in King's-Street, and the Passages to The Old Palace Yard in Westminster, notwithstanding the Order of this House, of the Twelfth of October last, to prevent the same:

And thereupon the said Order being read:

It is Ordered, That Notice of the said Complaint be sent to the High Bailiff of the City of Westminster; and that he do take special Care the said Order be effectually executed for the future.

Adjourn.

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

DIE Lunæ, 26^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Farl of Denbigh takes the Oaths.

This Day William Earl of Denbigh came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dawes's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Darcy Dawes Esquire and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities," was referred: "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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Watson versus Beard:

After hearing Counsel, upon the Petition and Appeal of Dorothy Watson Widow; complaining of a Decree of Dismission of the Court of Exchequer, made the Nine teenth Day of June 1721, in a Cause wherein the Appellant was Plaintiff, and Miriam Beard, Widow and Administratrix of Benjamin Beard, was Defendant; and praying, "That the same may be reversed:" As also upon the Answer of the said Miriam Beard, Widow and Administratrix to her late Husband Benjamin Beard, deceased, who was Executor to Thomas Watson deceased, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree reversed, and Parties to proceed to Accompt.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of Dismission complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the Parties do go to Accompt, before the Deputy Remembrancer of the Court of Exchequer; and that all Books, Papers, and Writings, relating to the said Accompt, be produced before the said Deputy Remembrancer, upon Oath; and also that the said Parties be examined upon Interrogatories; and that the said Court shall thereupon proceed to make such further Orders and Decree, in the said Cause, as shall be just.

Loubier & al. Petition to be added to Nat. Bill.

A Petition of Anthony Loubier, James Teissier, and Jacob Vanden Raden; praying to be added to the Bill, intituled, "An Act for naturalizing John Anthony Loubier and Henry Loubier," was presented to the House, and read.

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

Walker versus Scrape.

Whereas To-morrow is appointed, for arguing the Errors assigned upon a Writ of Error, wherein Robert Walker Esquire is Plaintiff, and Christopher Scrape is Defendant:

It is Ordered, That this House will hear the said Errors argued, by Counsel, at the Bar, on Wednesday next, at Eleven a Clock.

Mello's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Luder Mello and Benjamin Berckenhout."

The Question was put, "Whether this Bill, with the Amendments, 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. Lightboun and Mr. Borret:

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

Adjourn.

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

DIE Mercurii, 28^o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Loubier & al. sworn.

This Day Anthony Loubier, James Teissier, and Jacob Vanden Raden, took the Oaths appointed, in order to their Naturalization.

Walker versus Scrape, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the First Day of this Instant November, from the Court of King's Bench, wherein Robert Walker Esquire is Plaintiff, and Christopher Scrape is Desendant:

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

Judgement affirmed, with Costs.

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

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege, in Parliamento suo, de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus prædictis, coram dicto Domino Rege, in Parliamento suo, usque Diem Mercurii, Vi cesimum Octavum Diem Novembris ex tunc. prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in Parliamento suo apud Westm. ven. præd. Chr'us Scrape, per Attornsuum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. superinde reddit. ac Affimation. Judic. ill. quam Causis pro Error. superinde assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Trigint. Libr. solvi præd. Ch'ro, pro Mis. et Custag. suis, Occasione Dilation. Executionis Judicii præd. Prætextu Prosecutionis præd. Brevis de Error. ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde pro dicto Ch'ro fiend."

Dawes' Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Darcy Dawes Esquire and Sarah Roundell to make Settlements, upon their Intermarriage, of their several Estates, notwithstanding their respective Minorities."

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. Lightboun and Mr. Borret:

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

Loubier's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Anthony Loubier and Henry Loubier."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

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

Loubier & al. Petition referred to Committee.

Ordered, That the Petition of Anthony Loubier, James Terssier, and Jacob Vanden Raden, which was ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, sextum diem Decembris jam prox. sequen. hora unde. cima Auroræ, Dominis sic decernentibus.