House of Lords Journal Volume 22: February 1723, 11-20

February 1723, 11-20

DIE Lunæ, 11^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishops & al. to make Leases of their Mines, Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Archbishops, Bishops, Colleges, Deans and Chapters, Hospitals, Parsons, Vicars, and others having Spiritual Promotions, to make Leases of their Mines which have not been accustomably letten, not exceeding the Term of One and Twenty Years, and without taking any Fine upon the granting or renewing the same," was committed: "That they had gone through the said Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Jenyns' Bill.

The Earl of Clarendon also reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm certain Exchanges, Conveyances, and other Assurances, made by John Jenyns Esquire and others, of some Parts of the Estates comprised in the Articles and Settlements made on his Marriage with Dorothy his late Wife, and to supply some Defects in the said Articles and Settlement; and to enable him to make a Settlement on any future Marriage," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

M^cPherson versus M^cPherson:

After hearing Counsel, upon the Petition and Appeal of James M'pherson Younger of Killiehuntlie; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Thirteenth, Twenty-eighth and Twenty-ninth Days of July One Thousand Seven Hundred Twenty-one, and Ninth of February One Thousand Seven Hundred Twenty-one-two, made on the Behalf of John M^cpherson of Dallrady; and praying, "That the same may be reversed:" As also upon the Answer of the said John M'pherson 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 Interlocutory Sentences, or Decrees, therein complained of, be, and the same are hereby, affirmed.

Edgecumbe's Pet. referred to Judges.

Upon reading the Petition of Richard Edgecumbe Esquire; praying Leave to bring in a Bill, to enable the Petitioner to make Sale of the Freehold and Inheritance in Fee Simple of a Piece of Ground, in the Parish of Maker, in the County of Cornwall, not exceeding Twenty Acres, being Part of the Petitioner's Barton Farm of Mount Edgecombe, lying near His Majesty's Port and Harbour of Plimouth, for the building a Victualing-office and other Conveniences for the Use and Service of His Majesty's Royal Navy; and that the Monies arising by such Sale may be laid out in the Purchase of other Lands, of the same or greater Value, to be settled to the same Uses as the Premises to be sold now stand settled:

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 Tracy and Mr. Justice Fortescue Aland; 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.

Whadcock's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Humphry Whadcock, deceased, for discharging a Debt due to the Crown; and for Payment of such other his Debts as his Personal Estate will not extend to pay; and for settling the Residue of his Lands, conformable to his last Will."

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. Bennet and Mr. Conway:

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

Adjourn.

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

DIE Martis, 12^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bigge versus Abercrombic.

The House being moved, "That Mr. Patrick M^cDowall, Writer to the Signet in Scotland, may be permitted to enter into a Recognizance for Thomas Rigge of Mortoun Esquire, on Account of his Appeal depending in this House, to which Alexander Abercrombre of Tullibodie Esquire is Respondent; the Appellant residing in Scotland:"

It is Ordered, That the said Patrick M^cDowall may enter into a Recognizance for the said Appellant, as desired.

Murray versus Bullerwell:

Whereas this Day was appointed, for hearing Counsel, upon the Petition and Appeal of Alexander Murray of Broughtoun Esquire, ex Parte; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-first and Thirtieth Days of June, and an Interlocutor of the First of December last, in a Cause wherein George Bullerwel Gentleman was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed; and that the Interlocutor of the Twenty-eighth of February One Thousand Seven Hundred Twenty-one-two may be affirmed."

Counsel appearing for the Appellant; but no Counsel for the Respondent:

And the Appellant's Counsel being heard, and withdrawn:

Interiocutors in Part reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Sentences, or Decrees, of the Twenty-first and Thirtieth Days of June, and the Interlocutor of the First of December last, complained of in the said Appeal, be, and the same are hereby, reversed; and that the Interlocutor of the Twenty-eighth of February last, whereby it is decreed, "That the Appellant ought to be admitted for his Interest," be, and the same is hereby, affirmed.

Bishops & al. to make Leases of their Mines, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Archbishops, Bishops, Colleges, Deans and Chapters, Hospitals, Parsons, Vicars, and others having Spiritual Promotions, to make Leases of their Mines which have not been accustomably letten, not exceeding the Term of One and Twenty Years, and without taking any Fine upon the granting or renewing the same."

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

It was Resolved in the Affirmative.

Jenyns' Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to confirm certain Exchanges, Conveyances, and other Assurances, made by John Jenyns Esquire and others, of some Parts of the Estates comprised in the Articles and Settlement made on his Marriage with Dorothy his late Wife, and to supply some Defects in the said Articles and Settlement; and to enable him to make a Settlement on any future Marriage."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Kynnaston:

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

L. Craven's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Agreement between the Right Honourable William Lord Craven, and the Churchwardens of the Parishes of St. Clement's Danes, St. Martin's, St. James's, and St. Paul Covent Garden, within the City and Liberty of Westminster," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto, which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Thursday the One and Twentieth Day of this Instant February; and the Lords to be summoned.

Horton's Bill.

Hodie 2^a vice lecta est Billa, intituled, 'An Act to enable Trustees, with the Consent of Mary the Wife of Thomas Horton Esquire, a Lunatic, to execute the Powers in the Marriage Settlement of the said Lunatic, for raising any Sum, not exceeding Three Thousand Pounds, for Elizabeth Horton and Elinor Horton, his Daughters; and for other Purposes in the said Act mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

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

Adjourn.

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

DIE Mercurii, 13^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Wingfield versus Whaley.

This Day the Answer of Richard Whaley Esquire, to the Appeal of Edward Wing field Esquire, was brought in.

Thomson versus Harcourt:

After hearing Counsel, upon the Petition and Appeal of Henry Thomson Esquire; complaining of a Decree of the Court of Exchequer, made the Twenty-Ninth of November last, in certain Causes, wherein Richard Harcourt Esquire was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be set aside, reversed, and altered:" As also upon the Answer of the said Richard Harcourt put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed, with Costs.

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 Decree therein complained of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal.

D. of Montagu and D. of Manchester, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of John Duke of Montagu, William Duke of Manchester, and the Ladies Isabella Montagu and Mary Montagu Daughters of the said John Duke of Montagu, 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.

Then, Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester and others, upon a Marriage intended between the said Duke of Manchester, and the Lady Isabella Eldest Daughter of the Duke of Montagu."

Adjourn.

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

DIE Jovis, 14^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Sir G. Clifton and his Son's Pet. referred to Judges.

Upon reading the Petition of Sir Gervas Clifton Baronet, and of Robert Clifton Esquire, Eldest Son and Heir Apparent of the said Sir Gervas Clifton; praying Leave to bring in a Bill, to enable the Petitioners to make such Settlements of their Estates, in the County of Nottingham, upon the intended Marriage of the Petioner Robert Clifton, as shall for that Purpose be stipulated and agreed upon; and that the Petitioner Sir Gervas Clifton may be enabled to take an Estate for his own Life, by Way of Purchase or new Limitation, of and in such Part of the Premises as shall be thereby settled upon him, notwithstanding any Disability or Incapacity he is under, by Virtue of the Statute made in the Eleventh and Twelfth Years of the Reign of His late Majesty King William the Third, intituled, "An Act to prevent the Growth of Popery:"

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 Powys and Mr. Justice Fortescue Aland; 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.

D. of Montagu and D. of Manchester's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the Duke of Montagu."

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

Mutiny Bill.

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

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

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

Ordered, That To-morrow this House shall be put into a Committee again, to consider further of the said Bill; and nothing to intervene; and the Lords to be summoned.

Dr. Coote and Godsell versus Mammon & al.

Whereas To-morrow is appointed, for hearing the Cause wherein Dr. Chidley Coote and James Godsell are Appellants, and John Mammon, Sarah his Wife, and others, are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday next; and that the other Causes be removed in Course.

Adjourn.

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

DIE Veneris, 15^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bedfordshire and Hertfordshire Road, Bill:

Whereas To-morrow is appointed, for the Third Reading of the Bill, intituled, "An Act for repairing and widening the Road, leading from The Black Bull in Dunstable, in the County of Bedford, to the Way turning out of the said Road up to Shafford House, in the County of Hertford," and for hearing One Counsel of a Side, as well against as for the said Bill:

Goldsmith and Middleton to attend.

It is Ordered, That the said Bill be read the Third Time on Saturday the Three and Twentieth Day of this Instant February; and that Counsel be then heard, as desired; and that James Goldsmith and Charles Middleton do then attend.

Mutiny Bill.

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

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

And the Earl of Clarendon reported from the said Committee, "That they had gone through the said Bill; and made some Amendments thereunto, which he was directed to report, when the House will please to receive the same.

Ordered, That the said Report be received Tomorrow Morning; and the Lords to be summoned.

Clarges' Pet. referred to Judges.

Upon reading the Petition of Robert Clarges Esquire Eldest Son of Sir Walter Clarges Baronet, deceased, by Dame Elizabeth his Wife, and of George Clarges Esquire the next Son of the said Sir Walter now living; praying Leave to bring in a Bill, for Sale of the late dissolved Monastery of Reading, with the House and all the Lands and Hereditaments thereto belonging, and all the Petitioners' Estate, in the County of Berks; and to enable the Petitioner Robert to make a Jointure on a Wife, out of the remaining Estates; and for other Purposes, to be therein mentioned:

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

L. Morpeth & al. Pet. concerning D. of Montagu's Bill:

A Petition of Henry Lord Morpeth and the Lady Frances his Wise, and of Edward Lord Harley and the Lady Henrietta Cavendish Holles Harley his Wife; praying, "That in case the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, between the most Noble John Duke of Montagu and William Duke of Manchester, and others, upon a Marriage intended between the said Duke of Manchester and the Lady Isabella Eldest Daughter of the Duke of Montagu, should pass into a Law, the Right of Dower of Elizabeth Dutchess Dowager of Montagu, or the Petitioners' Interest therein, may in no Manner be prejudiced:"

Mr. Harvey and his Son's Pet. concerning it:

Also, a Petition of Edward Harvey Esquire, and of Michael Harvey Esquire his Son and Heir Apparent; praying, "That the Petitioners may have Leave to make such Objections to the before mentioned Bill as they shall be advised; and that such Care may be taken of the Petitioners' Right as shall be consonant to the Will of Ralph late Duke of Montagu, deceased:"

Were severally presented to the House, and read.

And severally ordered to be referred to the Consideration of the same Lords Committees to whom the said Bill stands committed.

Adjourn.

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

DIE Sabbati, 16^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rigge versus Abercrombie.

This Day the Answer of Alexander Abercrombie of Tullibodie Esquire, to the Appeal of Thomas Rigge of Mortoun, was brought in.

Wingfield versus Whaley.

The House being moved, on the Behalf of Edward Wingfield Esquire, Appellant in a Cause depending in this House, to which Richard Whaley Esquire is Respondent, "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 Fourth Day of March next, at Eleven a Clock.

Mutiny Bill.

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

Which were read, as follow:

"Press 1st, Line 6th. Leave out ["the"], and insert ["a Number of"].

"L. 7th. Leave out ["which are now on Foot, and"]; and instead thereof insert ["consisting of Sixteen Thousand Four Hundred and Forty-nine Effective Men, Commission and Non-commission Officers included; and One Thousand Eight Hundred and Fifteen Invalids, Commission and Non-commission Officers included, should be"].

"L. 9th and 10th. Leave out ["should be continued and augmented"]

"Pr. 2. L. 8th. After ["Ireland"], insert ["or in the Island of Minorca, or in His Majesty's Garrison of Gibralter, or in any of His Majesty's Dominions beyond the Seas."]

"L. 36th. After ["being"], insert ["or the Commander or Commanders in Chief of any the Places aforementioned."]

"Pr. 27th. L. 40. After ["as"], insert ["in the Island of Minorca, His Majesty's Garrison of Gibralter, and"].

Then the First Amendment, being read a Second Time by the Clerk, was agreed to.

And the Amendment in the Seventh Line of the said Press, in relation to the Number of Forces to be kept on Foot for the ensuing Year, being also read a Second Time:

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

It was Resolved in the Affirmative.

Protest against the Amendment concerning the Number of Forces to be kept up.

"Dissentient.

"1st, Because, as we conceive, the keeping an Army of Regular Troops in this Kingdom, under Martial Law, consisting of a greater Number than what we take to be necessary for the Guard of the King's Person, and Defence of the Government, is of the most dangerous Consequence to the Constitution of this Kingdom; and, in our Opinion, may bring on a total Alteration of the Frame of our Government, from a legal and limited Monarchy, to a despotic. And we are induced to be of this Judgement, as well from the Nature of Armies, and the Inconsistency of so great a Military Power and Martial Law with the Civil Authority, as from the known and universal Experience of other Countries in Europe; which, by the Influence and Power of Standing Armies in Time of Peace, have, from limited Monarchies like ours, been changed into absolute. For which Reason, we cannot give our Consent to this Amendment, whereby the present Number of Troops, amounting in the Whole (Invalids included) to Fourteen Thousand odd Hundred Men (which we think abundantly sufficient for all good Purposes) will be increased to near Four Thousand more; although there be at this Time no Ground to apprehend an Invasion from a Foreign Enemy; or, as we believe, any Insurrection or Rebellion at Home.

"2dly, Because that which seems to have given Rise to this Augmentation of the Army, is the late treasonable Conspiracy, which His Majesty, at the Opening of this Session, acquainted His Parliament with: And that Conspiracy having been discovered above Eight Months since, and the further detecting and punishing the Conspirators having been ever since in the Hands of a faithful and vigilant Ministry; we cannot think it at all probable the Conspiracy should be still carrying on; or, if any Dregs of it should be yet remaining, that the Government cannot be easily secured by the Civil Authority, assisted with so great a Number of Troops as are at present on Foot: And therefore we cannot think ourselves justisiable to the Kingdom, whose Rights and Liberties we are intrusted to preserve, had we given our Votes for this Augmentation of Troops, when no evident Necessity, or just Occasion, appeared to us for such an Increase.

"3dly, Because the Act passed this Session, to enable His Majesty to apprehend and detain in Custody any Person suspected of being engaged in any treasonable Conspiracy for above Twelve Months (though that Power had never been granted to the Crown before for half that Time at once, and that when there was an actual Rebellion or an expected Invasion) was so great a Power added to the former Authority of the Crown, that we cannot but think altogether sufficient to prevent any Mischief from treasonable Plots or Practices, which may be attempted or carried on by any rebellious or disaffected Persons, without increasing the Army, which, in its present State, is not submitted to but as necessary for avoiding a greater Evil.

"4thly, Though the intended Augmentation by this Bill is only for One Year; yet, we fear, this will be a Means for continuing them in Perpetuity; for we think it probable there will at all Times hereafter be easily found as good Reason for continuing this Increase, as there is now for making it:

"5thly, Because we think the greatest and only lasting Security to His Majesty and His Government is in the Hearts and Affection of His Subjects: And, if the Disaffection or Discontents, which have of late happened from some unfortunate Proceedings, are thought by any to be an Argument for raising more Forces; we think it the Duty of all good Subjects, who wish well to His Majesty and our present happy Establishment, to use their best Endeavours for curing those Discontents, by removing or lessening the Occasions thereof; and consequently that there should not be an Augmentation of the Army, which is already sufficiently burthensome to the Subject, both by the great Charge of maintaining them, and by the Uneasiness to the Places where they are quartered; because thereby the Charge to the Subject will be considerably increased; which, as we apprehend, ought most carefully to be avoided, in our Circumstances, when the Load of Taxes is already so very great, and the Kingdom involved in so immense a Debt, that nothing but the most prudent Oeconomy and good Husbandry can give us any probable Prospect of easing it: And therefore, not being convinced of any real or just Grounds for such Increase of Troops, do fear that this will not take away or lessen, but rather increase, the Discontents and Disaffection of the People; and, in that respect, weaken His Majesty's Government in a greater Degree than it will be strengthened by this Addition of Forces, allowing something for the Possibility of false Musters.

"W. Ebor.
Bristol.
Scarsdale.
Strafford.
Litchfield.
Fran. Cestriens.
Gower.
Poulett.
Uxbridge.
Trevor.
Hay.
Ashburnham.
Foley.
Aberdeen.
Compton.
Cowper.
Montjoy.
Osborne.
Bathurst.
Oxford & Mortimer."

Then the Third and Fourth Amendments, being also read a Second Time, were severally agreed to.

It was proposed, "In the Twenty-first Line of the Second Press, after ["Soldier"], and before ["or"], to insert, ["or if any Officer or Soldier in His Majesty's Army shall, either upon Land, within or out of Great Britain, or upon the Sea, hold Correspondence with any Rebel, or Enemy of His Majesty, or give them Advice or Intelligence, either by Letters, Messages, Signs, or Tokens, or any Manner of Way whatsoever; or shall treat with such Rebels or Enemies, or enter into any Condition with them, without His Majesty's Licence, or Licence of the General, Lieutenant General, or Chief Commander."]

Which Amendment, being read Twice, was agreed to.

The Fifth Amendment being likewise read a Second Time; it was proposed, "To leave out that Amendment; and, instead thereof, to insert, ["or the Governor or Governors of the other Places aforementioned, or the Person or Persons there commanding in Chief."]

Which, being read Twice, was agreed to.

And the Sixth and last of the said Amendments, being also read a Second Time, was agreed to.

Ordered, That the said Bill, with the Amendments, be read the Third Time on Wednesday next; and the Lords to be summoned.

Dr. Coote and Godsell versus Mammon & al.

Whereas Monday next is appointed, for hearing the Cause wherein Doctor Chidley Coote and James Godsell are Appellants, and John Mammon, Sarah his Wife, and others, are Respondents:

Causes put off.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday next; and that the other Causes be removed in Course.

Adjourn.

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

Die Lunæ, 24^o Februarii, 1723, hitherto examined by us,

Hu. Bristol.
Ric. Lincoln.
Jo. Norwich.

DIE Martis, 19^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Berkeley Stratt. takes the Oaths.

This Day William Lord Berkeley of Stratton 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.

Lowndes's Bill.

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

With a Bill, intituled, "An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James, within the Liberty of Westminster; and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Burr & al. Nat. Bill.

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

With a Bill, intituled, "An Act to naturalize Elizabeth Burr and others;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lords of Manors to recover their Fines, Bill.

A Message from the House of Commons, by Sir William Barker and others:

With a Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Berckenhout and Busk, Nat. Bill.

A Message from the House of Commons, by Sir Abraham Elton and others:

With a Bill, intituled, "An Act to naturalize John Berckenhout and Jacob Hansson Busk;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Continuing and reviving Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing some Laws, and reviving others, therein mentioned; for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries; and relating to Jurors; and to the Payment of Seamen's Wages; and the Preservation of Naval Stores and Stores of War; and concerning the Militia and Trophy Money; and against clandestine Ruuning of uncustomed Goods; and for more effectual preventing Frauds relating to the Customs, and Frauds in mixing Silk with Stuffs, to be exported."

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 this Day Sevennight, this House shall be put into a Committee again, to consider further of the said Bill; and that the Judges do then attend.

Poor's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and that the Judges do then attend.

Clayton & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Richard Clayton Esquire, Mary his Wife, 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.

Then,

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts."

Adjourn.

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

DIE Mercurii, 20^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mutiny Bill:

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

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Godfrey:

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.

His Majesty's Consent signified to Lowndes's Bill.

The Lord Viscount Townshend (by His Majesty's Command) signified to the House, "That His Majesty had been informed of the Contents of the Bill, intituled, "An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer;" and had no Objection to the passing thereof."

Dr. Coote and Godsell versus Mammon & al.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of the Reverend Dr. Chidley Coote and James Godsell; complaining of a Decree of the Court of Exchequer in Ireland, of the Second of December One Thousand Seven Hundred Twenty-one, in a Cause wherein John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife and Catherine Priterich were Plaintiffs, and the Appellants Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed, and the Respondents Bill dismissed with Costs:" As also upon the Answer of the said John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Priterich, put in to the said Appeal.

And the Appellants Counsel being heard:

They were directed to withdraw.

And being withdrawn:

Notice was taken, "That no Decree has yet been drawn up, and perfected, in this Cause; and nothing been produced, but Minutes taken down at the Hearing, in order to a Decree:"

It is thereupon Ordered, That the Counsel be called in again; and acquainted, "That their Lordships do not think fit to proceed further in hearing of the Appeal upon Minutes only; but the Parties, or any of them, may procure the Decree to be drawn up, and perfected; and, when that is done, either the Appellants or Respondents may be at Liberty to apply to this House, to appoint a Day for the further Hearing of this Cause."

And the Counsel being called in again; the Lord Chancellor acquainted them with the said Direction accordingly.

Lowndes's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to vest in Trustees, for William Lowndes Esquire, the Reversion in Fee, expectant upon a Term of Fourscore and Nineteen Years now in being, of and in certain Pieces of Ground, and Buildings thereupon, in the Parish of St. James, within the Liberty of Westminster, and of and in a certain Messuage and Lands at or near Knightsbridge, upon paying the Value thereof into the Exchequer."

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

Clayton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Richard Clayton Esquire, in the County of Salop, in Trustees, to be sold, for Payment of his Debts."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Lowndes's Bill stands committed:

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

Burr & al. Nat. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize Elizabeth Burr and others."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Lowndes's Bill stands committed.

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

Berckenhout and Busk, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to naturalize John Berckenhout and Jacob Hansson Busk."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom Mr. Lowndes's Bill stands committed:

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

Rigge versus Abercrombie.

The House being moved, on the Behalf of Alexander Abercrombie Esquire, Respondent to the Petition and Appeal of Thomas Rigge Esquire, "That a Day may be appointed, for hearing thereof:"

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

Adjourn.

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