House of Lords Journal Volume 21: March 1722

March 1722

DIE Veneris, 2^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Running of Goods, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodities of the like Production are subject."

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

It was Resolved in the Affirmative.

"Dissentient.

Protest against it.

"1st, Because we are very sensible of the ill Consequences that attend the pernicious Practice of running Goods; and therefore with some reasonable, proper, and effectual Method (which we do not take this Bill to be) might have been set on Foot, to prevent it.

2dly, Because the making the Alteration, by a former Bill, from Ships of Fifteen Tun to those of Thirty, has not proved to any Advantage, as we apprehend; since it has been admitted that the Customs have fallen since: And we find no Ground to hope that the further raising the Prohibition to Ships of Forty Tun, as is done by this Bill, will be effectual; but we think there is Reason to fear, that it may be a great Prejudice to the Coasting Trade in particular; since the Owners of such Vessels are thereby subjected to the heavy Penalty of losing their Ships, when possibly they may be entirely innocent themselves, and the Fault may be committed only through the Folly or Knavery of the Sailors, which will discourage the lending small Vessels to those who trade in them, by which a great Part of the Coast Trade is at present carried on.

3dly, Because the Penalty of Banishment, in the Bill, seems in some Cases to be annexed to a very small Offence: We do not think it too great for any one who shall be taken with Goods of any considerable Value, and with a manifest Intent to defraud His Majesty of His Customs; but, as the Bill is worded, it will, as we conceive, extend to any Gentleman, if armed, returning from his Travels, who has about him, knowingly, the least Trifle that has not been entered and paid Duty, though he hath not the least Design to defraud the King of His Customs, or thinks he is transgressing any Law whatsoever; and we do not think fit to depend that so severe a Law may not, in such hard Cases, be sometimes executed with Rigour.

4thly, Because it was endeavoured, but without Success, at the Committee, to have excepted the Barges of Noblemen, and of the Lord Mayor and Companies of the City of London, which cannot be supposed to be used (and the great Barges of State belonging to the City cannot be used) in the Running of Goods; and therefore we conceive the making it necessary for the Nobility, or the Lord Mayor and Companies, to apply to the Admiralty for a Licence to use their own Barges on the River of Thames, or lay aside the Use of them for Want of such Licences, which cannot be obtained without giving such a Security as will bind and incumber the Real Estates of the Obligors, to be not only a great and unnecessary Indi nity, but also an Invasion of Property, especially in the Case of the Birges belonging to the City of London, which City has an antient Right to the Conservation of the River of Thames, and as high an Interest in it as is possible to be had in any Navigable River; and therefore we think it absurd, as well as injurious to Property, to compel the Great Officers and Companies of that City to ask, and give Security for, a Licence to navigate or pass on that Part of the Thames, which may not improperly be called their own River.

5thly, It seems to us partial and unjust, that the Prohibition of Barges, and other Vessels described in the Bill, should extend only to the Counties for that Purpose named in the Bill, and not to other Maritime Counties; especially such as are most infamous for running Goods, where, though the Vessels deseribed may not as yet be so much in Use as in the Counties named, yet will undoubtedly be more used in other Counties not named, when they can no longer be kept in the Councies or Places the Bill extends to. And, we conceive, Laws should not make a Distinction, where there is no Difference in Reason, on a Dependance that it may be supplied by a new Law another Opportunity.

6thly, Because the Time allowed by the Bill, (videlicet,) to the Twenty-fifth of this Instant March, either to dispose of the Barges and other prohibited Vessels, or obtain Licences for the keeping, is much too short, as we conceive, and will prove the Occasion of more Hardships being done than can possibly be foreseen.

Strafford.
Scarsdall.
Bristol.
Guilford.
North & Grey.
Aberdeen.
Bathurst.
Fra. Rosien.
Boyle.
Weston.
Montjoy.
Craven.
Foley.
Uxbridge.
Masham.
Cowper.
Compton.
St. John de Bletsoe.
Litchfield. 19.

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

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

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

Forging Powers to transfer Stock, to prevent, Bill.

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

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

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

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Aislabie Esquire, and likewise of James Craggs Esquire deceased, are vested; and for other Purposes therein mentioned."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Piracy, to suppress, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual suppressing of Piracy."

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

Lottery or Subscription S. S. Company, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the South Sea Company to dispose of the Effects in their Hands, by Way of Lottery, or Subscription; or to sell Part of their Fund, or Annuity, payable at the Exchequer, in order to pay the Debts of the said Company; and for Relief of such who were intended to have the Benefit of a late Act touching Payment of Ten per Cent. therein mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Sabbati, 3^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lady Wenman versus St. W. Osbaldeston.

The Earl of Clarendon acquainted the House, from the Lords Committees appointed to inspect Precedents how far this House has proceeded on Appeals in like Cases as the Appeal of Susanna Lady Wenman, to which Sir William Osbaldeston Baronet is Respondent, "That they have inspected Precedents accordingly, and agreed upon a Report; which he was ready to make, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Monday next; and the Lords to be summoned.

Lady Wenman's pet. to be bailed.

Then, a Petition of Susanna Lady Wenman, was presented to the House, and read; praying to be discharged from the Prison of The Fleet, upon giving such Security as their Lordships shall think fit, for her Appearance, and to abide such Order as shall be made on hearing the said Appeal.

Ordered, That the said Petition do lie on the Table, till the Report abovementioned is received.

Commissioners forfeited Estates versus E. Kinnoul and Hay.

Upon reading the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Second Day of February last, made on the Behalf of George Earl of Kinnoul and Mr. Robert Hay his Second Son; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Petitioners, the Two and Twentieth of October 1720, may be affirmed:"

And a Clause in the Act Sexto Georgii Regis, limiting the Time for presenting Appeals from the Court of Delegates, being read:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be received; and that the said George Earl of Kinnoul and Mr. Robert Hay may have a Copy thereof; and do put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the One and Thirtieth Day of this Instant March; and that Service of this Order on the Respondents Agent, or Writer, in the said Court of Delegates, be deemed good Service.

Commssioners forfeited Estates versus Harry and James Maule.

Upon reading the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Second Day of February last, made on the Behalf of Harry Maule of Kelly and James Maule his Eldest Son; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Petitioners the Two and Twentieth of October 1720 may be affirmed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Harry Maule and James Maule may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the One and Thirtieth Day of this Instant March; and that Service of this Order on the Respondents Agent, or Writer, in the said Court of Delegates, be deemed good Service.

Standing Order concerning Protestations amended:

The House (according to Order) proceeded to take into Consideration the Motion made on Tuesday last, for making the Order then made, in relation to Protestations and Dissents, a Standing Order of this House; and that the same be entered on the Roll of Standing Orders, instead of the Order of the Fifth of March 1641.

And the said Order being read:

After Debate;

The Question was put, "Whether the said Order shall be made a Standing Order of this House, and entered on the Roll of Standing Orders, instead of the said Order of the Fifth of March One Thousand Six Hundred Fortyone?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, For that the Standing Order, in relation to the Time of entering Protestations, was made above Eighty Years since, and was restrictive of an ancient Right; and yet, in all that Time till now, has never been thought not to have restrained that Right enough; but, on the contrary, whenever longer Time than is allowed by that Order has been asked, as it has been done in innumerable Instances, it was never Once demed (as we believe); which shews, that the constant Opinion of this House has hitherto been, that the Restraint brought upon that ancient Right of the Lords, by that old Order, has been rather too much, than too little.

"2dly, The abridging this Right of Protesting with Reasons, yet more, will necessarily cause the Reasons to be penned with less Accuracy, and probably longer than they would have been, had more Time been allowed; which, though it may gratify those who differ in Opinion from the Protesters, yet will hurt the Honour of the House, as we conceive, and the Dignity of the Records thereof; for we can by no means allow, that as much Time should not be afforded to word the Lords Reasons which are to be entered on the Journal, as would be necessary to the wording of a Pamphlet designed to be printed and published.

3dly, Because we conceive, that if this further Restraint does not render the Protesting quite impracticable; yet it must prove very incommodious and troublesome to the Lords who would make Use of that their undoubted Right; for, if a Debate should take up any long Time, as most Debates of Consequence should do, the intermediate Time allowed is, in our Opinion, not sufficient for Lords who design to protest to meet, and bring their several Reasons together; and afterwards express them with that Clearness, and so unexceptionably, as they ought to do, and besides get them fairly and correctly entered on the Journal; so that, in our Opinion, they must very often either be excluded from entering and signing their Reasons, or endure a great deal of Hardship and Inconvenience by denying themselves usual Rest and Refreshments (as is very obvious, without further Explanation), and be obliged to come long before their ordinary Duty of attending the Business of the House requires. So that, we conceive, this new Restraint will either hinder Protesting with Reasons, or amount to a Kind of Punishment on those Lords who shall make use of their ancient and undoubted Right of Protesting.

"4thly, There seems to us the less Reason for this Step, because, if the Liberty of entering Protestations with Reasons be in any Degree abused, the House can, and does, order them, or such Parts of them, as can be reasonably objected to, to be expunged. And this Observation is yet stronger, for that of late Precedents have been made of expunging a great Number of Reasons, and of a various Nature, by One general Question; which is a very expeditious Remedy for any Abuse that can happen.

5thly, If ever there should be a Time when the utmost Candour and Fairness is less in Use than at present, this new Restriction on the Right of Protesting with Reasons may open a Gap to many Artifices and unfair Practices in Prejudice of that Right. Clerks may come later than usual, pretend other Business, or write slower, or use other Shifts to avoid perfecting the Entry of the Reasons till after the Time allowed; especially if they shall think, though salsely, they gratify a Majority of the House by so doing, which will make them at least hope for Impunity; or, if not so disposed, they may be, on the other Hand, induced, and not unreasonably, to write faster, and more loosely, than will become the Journal of this House, that the Entry may be finished within the Time limited. We do not pretend to enumerate all the Ways of making this Alteration of the old Standing Order more inconvenient than appears at First Sight, but only specify these few.

"6. We do not think the Right of entering Protestations with Reasons has been of late abused, so as to give Occasion for this new Restriction, though it may have been used of late more frequently than formerly; for which, according to our Opinions, there hath been very proper Occasions given. And since we cannot but think the Right of Protesting with Reasons a valuable and useful Privilege; we must confess our Fears lest these Restrictions, though not now intended so, should end at Length in a total Extinction of that Right.

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

Part of Protestation, 19th February, on putting off the Consideration of the Navydebt, to be expunged.

Then the Order was read, for taking into Consideration the Protestations entered in the Journal of this House, the Nineteenth and Twentieth Days of February last.

And the several Reasons in the Protestation entered the Nineteenth of February last, against putting off the further Consideration of the Causes of contracting so large a Navy Debt for three Weeks, being read:

It was proposed, "That, from the Word ["specified"], in the Tenth Line of the Fourth Reason, to the End of the said Protestation, be expunged."

And it being moved, "To adjourn:"

The Question was put, "Whether this House shall be now adjourned till Monday Morning next, Eleven a Clock?"

It was Resolved in the Negative.

Then the Question was put, "Whether all that is contained in the said Protestation, after the Word ["specified"], in the Tenth Line of the Fourth Reason, shall be expunged?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Because, when we were giving Reasons against putting off the further Consideration of the Causes of the Navy Debt, by long Adjournments, probably for the whole Session; as we thought no Reason could be more proper than that the Subject-matter of that Inquiry was not exhausted, but that very much material Business remained to be considered on that Head; so we did, and do yet, conceive, that the following that general Assertion with an Enumeration of the particular Matters which yet did remain to be inquired into, as well such as arose from Papers already before the House, as other which we were well assured would arise in the further Progress of that Business (from Papers designed to be called for), did make the said general Argument, which stands unexpunged, more strong, as well as more fair and candid, by shewing it was well founded on Particulars. And although the House has not thought fit to permit the said Enumeration of Particulars to stand on the Journal; yet, we conceive, we have attained this Advantage by having entered them, that it cannot be objected to us now, that we generally affirmed, more Business of Consequence remained for that Committee to do, without being able to instance or specify what in particular.

W. Ebor.
Strafford.
Bristol.
Fran. Cestriers.
North & Grey.
Boyle.
Fra. Roffen.
Uxbridge.
Aberdeen.
Cowper.
Bathurst.
Foley.
St. John de Bletsoe.
Trevor.
Litchfield."

Protestation 20th February, on National Debt, expunged:

Then the Reason for the Protestation, entered the Twentieth of February last, on Consideration of the State of the National Debt, being read:

After Debate;

The Question was put, "Whether the entire Reason for the said Protestation shall be expunged?"

It was Resolved in the Affirmative.

Protest against it.

Dissentient.

Because, we conceive, there is no Instance of expunging the Reasons of a Protest, unless they were thought to contain something indecent to the House, or alledged Matters of Fact that were salse. The First is not presumed in the present Case; and as to the Second, the Matter depending upon Figures, there can be no Dispute but upon the Method of Calculation; and if the Lords who signed the Protest did choose to follow the Method observed by the Officers of the Exchequer, rather than any other, we do not conceive their Reasons, founded on such Authority, deserved to be expunged; neither do we think the said Lords were obliged to make Deductions from the Exchequer Accompt, which was laid before the House, without making the proper Additions at the same Time: For it must be agreed, that, if the Debt stated in 1717 was but Forty-seven Millions Eight Hundred Thousand Pounds, and in the Year 1720 above Fifty Millions, the bringing the Annuities into the South Sea Company may occasion an Increase of about Two Millions and a Half; and the Army Debentures, not yet brought to Accompt, are estimated at about Half a Million more; and the Debt of the Navy is near Two Millions: So the Whole appears to be about Fifty-five Millions; and the Increase of the National Debt, since it was stated in 1717, might therefore be reckoned about Seven Millions; and, deducting the Million of Exchequer Bills lent to the South Sea Company, the real Increase of the National Debt, above what it was stated at in the Year 1717, appears to us at this Time about Six Millions. But, as the Reasons were founded on the Accompt laid before the House, which kept in the Million of Exchequer Bills as a Debt, and excluded all the other Articles, we conceive, they ought not to have been expunged, since the under-reckoning the Debt was not the Objection made against them.

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

Protestation, 17th January, to be considered.

Ordered, That on Monday next this House will take into Consideration the Protestation entered in the Journal of this House the Seventeenth of January last; and the Lords to be summoned.

Piracy, to suppress, Bill.

Then the remaining Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for the more effectual suppressing of Piracy," being read:

It is Ordered, That the House be put into a Committee thereupon on Monday next.

Adjourn.

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

DIE Lunæ, 5^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

White et al. versus Lightburn et al.

The House being informed, "That one Mr. Brierton attended, on Behalf of Stafford Lightburn, Catherine his Wife, and others, Respondents to the Petition and Appeal of Anne White Widow, and others, with several Papers; and that the said Brierton, being obliged to go for Ireland, desired now to prove the same to be true Copies:"

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

And withdrew.

Piracy, to suppress, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual suppressing of Piracy."

After some Time spent therein, the House was resumed.

And the Earl of Clarendon reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Forging Powers to transfer Stock, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent the Mischiefs by forging Powers to transfer such Stocks, or to receive such Annuities or Dividends, as are therein mentioned, or by fraudulently personating the true Owners thereof; and to rectify Mistakes of the late Managers for taking Subscriptions for increasing the Capital Stock of the South Sea Company; and in the Instruments founded thereupon."

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

It was Resolved in the Affirmative.

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

Hodie 3^a vice lecta est Billa, intituled, "An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Aislabie Esquire, and likewise of James Craggs Esquire, deceased, are vested; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. that the the Lords have agreed to the Two preceding Bills.

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

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

Lady Wenman's Report, concerning her Appeal from an Order upon a Petition to the L. Chancellor.

Precedents of Proceedings upon Appeals.

The Earl of Clarendon (according to Order) reported from the Lords Committees appointed to inspect Precedents, how far this House has proceeded on Appeals, in like Cases as the Appeal of the Lady Wenman, to which Sir William Osbaldeston Baronet is Respondent: "That the Committee, having taken into Consideration the Appeal of the said Lady Wenman, and the Answer of the said Sir William Osbaldeston put in thereunto, referred to them, think proper to acquaint your Lordships, That it does not appear to this Committee, that ever an Appeal was exhibited to this House, against any Order made by the Lord Chancellor, upon any Proceeding on a Petition only, when no Cause was depending, in relation to Ideocy, Lunacy, or Bankruptcy; nor from any Order of Commitment for Contempt, except in the Case of an Appeal of Robert Walley, in the Year 1670, which was from an Order of Commitment for a Contempt in not performing a Decree, and from the Decree for the Non-performance of which he stood committed. And as to the Nature of Proceedings on Appeals, the Committee, on inspecting the Books, find, that, on the Twenty-seventh of January 1670, a Petition of John Cusack Gentleman, being an Appeal from a Decree then lately made by the late Commissioners for Claims in the Kingdom of Ireland, was read, and referred to the Committee for Petitions, to consider whether it was properly and regularly brought: That, on the Fifteenth of March following, a Report was made from the said Committee, "That they had considered the said Petition; but could not determine whether it came regularly before the House, because they knew not whether any Appeal lay from the Court of Claims to the Chancery in Ireland." Whereupon it was ordered, "That the Execution of the Judgement against the said Cusack should be suspended." That the Draught of that Order being the next Day read, to be perfected, it was then ordered, That Nicholas Bolton and the then Viscount Dungannon, by his Guardian, should put in their Answer within One Month after Notice given them of the Order for that Purpose; and that the Execution to be had upon the Judgement in the Court of King's Bench in Ireland, against the Petitioner, should be suspended for Two Months."

"That, on the Twenty-sixth of April 1675, a Petition of Edward Earl of Lincoln was read; complaining, "That his Mother's Servants and Counsel were adjudged guilty of a Contempt, by the Court of Chancery, and some of them imprisoned, and ordered to pay Costs; and complaining likewise of a Decree of that Court, to confirm one Woodward in the Possession of a Lodge and Park belonging to TattershallCastle, which was the said Earl's chief Mansionhouse; and praying to be relieved; and that the Officers of the Court might be called to an Account, for their unjustifiable Proceedings." And thereupon the said Woodward was ordered to put in his Answer; which being received the Twelfth of May following, Counsel were ordered to be heard upon the Petition and Answer; and, on the Eighteenth of the same Month, they being heard accordingly, the Petition was ordered to be dismissed, as coming irregularly; and the Petitioner was left to apply himself below, for such Relief as, upon a Re-hearing of the Cause in the Court of Chancery, should be just.

That, on the Tenth of May 1678, a Petition of Charles Cottington Esquire, appealing from a Judgement of the Commissioners Delegates, concerning a Contract of Marriage, and other Matters, was read, and referred to the Committee for Privileges; to consider whether that Cause was properly brought before the House, and to hear His Majesty's Attorney General and Advocate upon that Point; and also the Petitioner's Counsel, to maintain the Propriety of the said Appeal, if he thought fit. The Parliament being within a few Days after prorogued, and a new Session begun; another Reference was, the Twentythird of the same May, made to the Committee of Privileges, as before; with further Directions to their Lordships, to search what Precedents they could find, suitable to that Case; and, on the Twenty-eighth of the same Month, the Appellant, by a Petition, expressing his Fear of an Excommunication, all Proceedings in the Court of Delegates in that Cause were ordered to be stayed. On the Sixth of June following, Lists of Precedents, and Book Cases, cited by the Counsel, were ordered to be brought in to the Clerk, to the End the original Records and Books cited might be brought before the Committee; and the Petitioner was directed to give Notice thereof to the Attorney General and other Counsel On the Eighth of the same Month, Records in The Tower and Rolls Chapel were ordered to be brought. And, on the Twelfth of that Month, Report was made from the said Committee, "That, upon Perusal of several Precedents, they were of Opinion, the said Appeal did not come properly before the House." And the said Report was ordered to be considered; and the Judges and Attorney General to be present; and the Keeper of the Records in The Tower to attend, with such Records as he brought before the Committees. Accordingly, on the Seventeenth of the same June, the said Report was considered; and, after Debate, and Consideration of Precedents, the House, upon the Question, agreed thereto.

That, on the Seventh of January 1697, an Appeal of the Society of the Governor and Assistants, London, of the new Plantation in Ulster in Ireland, was offered to this House; complaining of an Order, or Judgement, of the House of Lords in that Kingdom, upon an Appeal to that House of the Bishop of Derry, from several Orders made in the Court of Chancery in the said Kingdom; and thereupon a Committee was appointed, to consider of proper Methods of appealing from Decrees made in the said Court of Chancery. On the Twentieth of April 1698, upon a Petition of the Appellants, desiring an Hearing touching the Jurisdiction and Merits of the Cause, they were ordered to give Notice to the Agents of the said Bishop, "That this House will hear Counsel, as to that Part of it which related to the Jurisdiction of the House of Lords in Ireland only." And, on the Twentieth of May following, upon hearing Counsel accordingly on both Sides, it was Resolved, "That the said Bishop's Appeal to the House of Lords in Ireland was coram non Judice; and that all the Proceedings thereupon were null and void." After which, (videlicet,) the Eleventh of February in the same Year, an Appeal of Mr. Ward, complaining of an Order and Judgement of the House of Lords in Ireland, made by them upon hearing the Appeal of the Earl and Countess of Meath, was offered to this House; and a Committee was appointed, to consider of it; and, upon Report from that Committee, the said Earl and Countess were ordered to answer Mr. Ward's Appeal: But, instead of so doing, they put in a Plea, insisting upon the Decree of the House of Lords in Ireland to be final; and demanded the Judgement of this House, if they should be compelled to answer. And the said Plea being considered the Twenty-sixth of April 1699, the same was overruled, and set aside; and the said Earl, or his Agent, was ordered to put in an Answer in Two Days; which they refusing or neglecting to do, on the Twenty-ninth of the same April, Counsel were heard for the Appellant Mr. Ward, no Person appearing for the Respondents; and thereupon the like Determination was made as in the Case of the Appeal of the said Society of the Governor and Assistants abovementioned.

That, on the Thirteenth of February 1709, a Petition of James Greenshields Clerk, from a Sentence of the Magistrates of Edinburgh, and a Decree of the Lords of Session, was offered to the House; and Consideration was ordered to be had, whether it should be read. And, on the Sixteenth of that Month, it was ordered, "That, before the said Appeal should be received, authentic Copies of all the Proceedings against the said Greenshields, touching the Matter complained of, should be laid before the House: That, on the Seventeenth of March following, the Papers were delivered; and, on the Twenty-fifth of the same Month, the said Papers being read, and Consideration had thereof, the said Appeal was received, and the Prosecutors of the Appellant ordered to answer; and that their Counsel should be at Liberty, upon hearing the Cause, to argue, in the First Place, Whether the said Appeal was regularly and properly before the House or not. The Respondents having answered accordingly, Counsel were heard on the First of March 1710. And thereupon it was Resolved, "That the Appeal was regularly and properly before this House." And then the Counsel being heard upon the Merits of the Cause, the Sentence and Decree complained of were reversed.

The Committee think proper to inform your Lordships, That (pursuant to your Order) all the Judges in Town attended them; and were asked several Questions, as to Commitments by the inferior Courts for Contempt, and touching the Power exercised by One Court in bailing Persons committed by another. And the Case of certain Persons committed by the House of Commons being mentioned, who sued out Writs of Habeas Corpus, returnable in the Court of King's Bench, in order to be bailed; the Committee caused the Record of that Proceeding to be brought; and the same being perused, it appeared, that several Writs of Habeas Corpus were brought, in Hillary Term 3^o Annæ, by John Patty and Four other Persons, committed to Newgate, by Warrant of the Speaker of the House of Commons, for a Contempt of the Jurisdiction of that House, and a Breach of their known Privileges, &c.: That, the Prisoners being brought up, and a Return considered by the said Court, Judgement was entered, "That, because the Cognizance of that Cause did not belong to that Court, they should be severally remanded:" That, upon hearing the Judges, and the Clerks who produced the said Record, the Committee has not been informed there was any Precedent of the like Nature; but that the Judges present did agree, that such a Judgement ought at any Time to be entered at Length, if requested by the Parties."

Which Report, being read by the Clerk, was ordered to be taken into Consideration To-morrow Morning; and the Lords to be summoned.

Ordered, That the Petition of the Lady Wenman, which was ordered to lie on the Table till after the receiving the said Report, do lie on the Table, till the said Report is considered.

Protestation, 17th January, to be expunged:

The Order was read, for taking into Consideration the Protestation entered in the Journal of this House the Seventeenth of January last.

And the several Reasons for the said Protestation being read:

After Debate;

The Question was put, "Whether the entire Entry of the Reasons for the said Protestation; on the Seventeenth of January last, shall be expunged?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

Because former Reasons entered against some late Resolutions for expunging do, as we conceive, equally extend to justify our Dissent to this Resolution; and therefore, to avoid Repetition, we refer to those Reasons; with this further, That we do not find, and believe there is not, any Precedent, wherein Reasons for a Protestation have been taken into Consideration by the House so long after they were entered, as in the present Case; and the Inconveniencies of doing so are, in our Opinion, very manifest.

Guilford.
St. John de Bletsoe.
Strafford.
Montjoy.
Bathurst.
Fran. Cestriens.
Craven.
Foley.
Cowper.
Boyle.
North & Grey.
Uxbridge.
Aberdeen.
Fra. Roffen.
Litchfield.

Delays in Charter-house to prevent, Bill.

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

To return the Bill, intituled, "An Act for preventing Delays in the Execution of the Trust reposed in the Governors of the Hospital of King James, founded in Charter House, at the Charges of Thomas Sutton Esquire, for the Benefit of the said Hospital;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Adjourn.

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

DIE Martis, 6^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lattrell & al. versus Luttrell and Netterville.

The House being informed, "That George Aylmer attended, on Behalf of Elizabeth Luttrell and Nicholas Netterville, Respondents to the Petition and Appeal of Robert Luttrell and Simon Luttrell, Minors, with several Papers to be made Use of on hearing the said Cause; and that the said Aylmer, being obliged to go for Ireland, desired now to prove the same to be true Copies."

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

Piracy, to suppress, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual suppressing of Piracy."

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

It was Resolved in the Affirmative.

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

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

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

Lady Wenman versus Sir William Osbaldeston.

The House (according to Order) proceeded to take into Consideration the Report from the Lords Committees appointed to inspect Precedents, how far this House has proceeded on Appeals, in like Cases as the Appeal of the Lady Wenman to which Sir William Osbaldeston Baronet, is Respondent.

And the said Report, as also an Order of this House, of the Tenth of November One Thousand Six Hundred Sixty-nine, upon an Appeal of Anthony Thomas, to which Anne Dagnal Widow and others were Respondents, being read:

It is Ordered, That, on Saturday next, this House will take into Consideration, whether the said Appeal be properly brought before this House; and that the Appellant and Respondent be at Liberty to be then heard, by their Counsel; and that His Majesty's Attorney General be likewise heard, as to that Point, if he shall think fit.

Lady Wenman at Liberty to apply to the Chancellor for her Discharge, notwithstanding her Appeal.

Then the House (according to Order) proceeded to take into Consideration the Petition of the Lady Wenman, praying to be discharged from the Prison of The Fleet, upon giving such Security as this House shall think fit, for her Appearance, and to abide such Order as shall be made on hearing the said Appeal.

And the said Petition being read:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lady Wenman be at Liberty, notwithstanding her Appeal, to apply to the Lord Chancellor, to discharge all or any of the Orders complained of; and that the Lord Chancellor be at Liberty to do therein as shall be just, notwithstanding the said Appeal.

Adjourn.

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

DIE Mercurii, 7^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Duke of Chandos' Privilege:

A Petition of Samuel Burton Esquire, in Custody of the Gentleman Usher of the Black Rod, for a Breach of Privilege, in distraining the Goods belonging to certain Tenants of his Grace the Duke of Chandos, was presented to the House, and read; expressing his Concern for his said Offence; and humbly begging Pardon of this House and the said Duke for the same; and praying to be discharged.

Burton discharged.

He was thereupon brought to the Bar; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present.

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to signify to the Commons, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come; their Speaker made the Speech following:

Speaker of the House of Commons Speech.

Most Gracious Sovereign,

This is the Seventh Year in which Your Majesty's faithful Commons, without burthening Your People with any new or unusual Taxes, have readily and chearfully granted to Your Majesty the necessary Supplies, not only for carrying on the ordinary Expences of the Government, but for maintaining the Honour and Dignity of the Crown; and at the same Time they have omitted no Opportunity of easing the public Incumbrances, and of puting the National Debt into a Method of Payment: For no sooner had Your Majesty, by the Vigilance of Your Councils, and the Success of Your Arms, restored and secured the Public Peace and Tranquillity; but Your Commons immediately found Means to reduce the Interest of the National Debt, and thereby set apart a Fund, which, by a further Reduction of Interest since made by Your Commons, will, in a few Years, be considerably increased, and the Payment of the Principal become practicable; and from which Your Majesty's Trading Subjects have already reaped this immediate Benefit, that Your Commons have been enabled, during this Session, without endangering the Security of any Parliamentary Engagements, to take off such Duties as were found by Experience to be most prejudicial to the Trade and Manufactures of Your Kingdoms. And as Your Commons were apprehensive that the Debt of the Navy was rising to such a Heighth, as would, if not timely prevented, necessarily affect and depreciate all other Public Credit, and which would inevitably increase the Charge and Expence of the current Service, they have therefore unanmously agreed on such Methods of discharging so much of that Debt, as will effectually prevent the Mischiefs they apprehended, and can be no Ways burthensome to their Fellow-subjects. Thus have Your Commons fully and happily compleated every Thing which Your Majesty was graciously pleased to recommend to them at the Beginning of this Session. And whenever Your Majesty, in Your Royal Wisdom, shall again think it proper to meet Your People in Parliament; may they imitate Your present House of Commons, in our Duty and Affection to Your Majesty, in our Steadiness and Resolution to support Your Government ! May they continue, with the like Application and Diligence, to extend Trade and Commerce, the true and natural Source of Wealth and Plenty in these Kingdoms! And we should think ourselves happy, if even our Mistakes might be of Service to Your Majesty, by being a Warning to those that come after us; and that, when the Wisdom of Your Majesty's Councils, and the Steadiness of Your Administration, shall have restored Credit to its former slourishing Condition, they may not grow wanton with too much Prosperity; but may proceed with such Caution and Prudence, in their Endeavours to lessen the National Debt, as may put it out of the Power of any Set of Men, to produce Misery and Distress from what shall be proposed for the Ease and Benefit of Your People; and that, by the Blessing and Assistance of the Divine Providence, they may so effectually unite the Affections of Your People, and so firmly establish Your Majesty's Throne, that the Sceptre may not depart from Your Royal House, nor a Lawgiver from between Your Feet; that the ancient legal Constitution of this Kingdom, in King, Lords, and Commons, may be perpetuated in Your Majesty and Your Royal Posterity, till Time shall be no more.

"Your Majesty having been at different Times, in the Course of this Session, graciously pleased to accept such Supplies as Your Commons offered to Your Majesty, for the Service of this Year; they do now humbly pray Your Majesty's like Gracious Acceptance of a Bill they have prepared, for discharging the Debt of the Navy, intituled, "An Act for paying off and canceling One Million of Exchequer Bills; and to give Ease to the South Sea Company, in respect of its present Obligation to circulate, or contribute towards circulating, Exchequer Bills; and to give further Time to that Company, for Re-payment of One Million, which was lent to them; and for issuing a further Sum, in new Exchequer Bills, towards His Majesty's Supply, to be discharged and canceled when the said Company shall re-pay the Million owing by them; and that the Exchequer Bills which are to continue may be circulated at easy and moderate Rates; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and for Relief of the Sufferers at Nevis and St. Christopher's, by an Invasion of the French in the late War; and for laying a further Duty on Apples imporred, and for ascertaining the Duties on Pictures imported."

Which being ended; the Speaker delivered the said Bill to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for paying off and canceling One Million of Exchequer Bills; and to give Ease to the South Sea Company, in respect of its present Obligation to circulate, or contribute towards circulating, Exchequer Bills; and to give further Time to that Company, for Re-payment of One Million which was lent to them; and for issuing a further Sum, in new Exchequer Bills, towards His Majesty's Supply, to be discharged and canceled when the said Company shall re pay the Million owing by them; and that the Exchequer Bills which are to continue may be circulated at easy and moderate Rates; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and for Relief of the Sufferers at Nevis and St. Christophers, by an Invasion of the French in the late War; and for laying a further Duty on Apples imported; and for ascertaining the Duties on Pictures imported."

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

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

"2. An Act for Encouragement of the Silk Manufactures of this Kingdom; and for taking off several Duties on Merchandizes exported; and for reducing the Duties upon Beaver Skins, Pepper, Mace, Cloves, and Nutmegs, imported; and for Importation of all Furs of the Product of the British Plantations into this Kingdom only; and that the Two Corporations of Assurance, on any Suits brought on their Policies, shall be lrable only to Single Damages and Costs of Suit."

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

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

"5. An Act for prolonging the Times for hearing and determining Claims before the Trustees in whom the Estates of the late South Sea Directors, and of John Arslabie Esquire, and likewise of James Craggs Esquire, deceased, are vested; and for other Purposes therein mentioned."

"6. An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore, of the Production of the British Plantations, to such Regulations as other enumerated Commodities of the like Production are subject."

"7. An Act for taking off the Duty upon all Salt used in the Curing and Making of White Herrings; and, instead thereof, laying a proportionable Duty upon all White Herrings consumed at Home only; and for making an Allowance for Tobacco exported from Scotland in the Time therein mentioned; and for giving further Relief to the Resiners of Rock Salt."

"8. An Act for the better Recovery of the Penalties inflicted upon Persons who destroy the Game."

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

"10. An Act for supplying the Records of the Commissary Court of Aberdeen, burnt or lost in the late Fire there."

"11. An Act for the more effectual suppressing of Piracy."

"12. An Act for repairing the Highways from The Stones-end at White Chappel Church, in the County of Middlesex, to Shenfield, and to the furthermost Part of the Parish of Woodford, leading to the Town of Epping, in the County of Essex."

"13. An Act for better supplying the City and Liberties of Westminster, and Parts adjacent, with Water."

"14. An Act for the better preventing Abuses committed in weighing and packing of Butter, in the City of York."

"15. An Act for preventing Delays in the Execution of the Trust reposed in the Governors of the Hospital of King James, founded in Charter House, at the Charges of Thomas Sutton Esquire, for the Benefit of the said Hospital."

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

"Le Roy le veult."

"16. An Act to explain and amend an Act, made in the Second Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for Sale of Part of the Estate of Henry Lord Viscount Dillon in the Kingdom of Ireland; and for settling an Equivalent in other Part of his Estate on the Viscountess his Wife, for her Jointure; and to make a Provision for Bridget Viscountess Dillon, Wife of Richard now Lord Viscount Dillon."

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

"18. An Act for enclosing Glastonbury Commons, in the County of Somerset."

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

"20. An Act to enable His Majesty to make such Provisions as is therein mentioned, for the Children of James Mackdonald, deceased, out of the Estate of the late Sir Donald Mackdonald their Uncle, which was forfeited to His Majesty for High Treason."

"21. An Act for naturalizing Agatha Drummond."

"22. An Act for naturalizing James Girardot and Paul Amsinck."

"23. An Act to naturalize John Blydesteyn."

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

"Soit-fait comme il est desiré."

Then the Lord Chancellor, on his Knee, received His Majesty's Commands.

And being returned to his former Place at His Majesty's Right Hand; His Majesty spake as follows:

"My Lords, and Gentlemen,

"I have given Order to my Lord Chancellor, to declare to you, in My Name and Words, the Reasons of My coming this Day to Parliament."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"I have now received His Majesty's Commands, from the Throne, to declare to you, in His Majesty's Name and Words, the Causes of His Majesty's coming this Day to Parliament, as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"You could not have given Me a more acceptable Instance of your Zeal and Affection, than by dispatching with so much Unanimity the several Particulars I recommended to you at the Beginning of this Session, for the Ease and Advantage of My People.

"The many and great Encouragements you have given to our Trade and Manufactures, and the Provision you have made for our being supported with Naval Stores from our own Plantations, will, I make no Doubt, excite the Industry of My Subjects, employ a great Number of the Poor, increase Our Navigation, and be a considerable Addition to the Riches and Strength of this Nation.

"Gentlemen of the House of Commons,

"The raising the current Supplies of the Year, and the making a Provision for the Discharge of so considerable a Part of the Debt of the Navy, is a further Proof of your Affection to Mc, and your Regard for the Public; and your doing it in a Manner so little burthensome to My People, gives Me the greatest Satisfaction.

"My Lords, and Gentlemen,

"I cannot in Justice part with this Parliament, without returning you My sincerest Thanks, for your steady and resolute Adherence to My Person and Government; and to the Interest of the Protestant Cause; both at Home and Abroad. The Enemies of our happy Constitution have given the strongest and most honourable Testimony to your Behaviour in these Particulars, by the implacable Malice which they have upon all Occasions expressed against you.

"You must all be sensible, that they are at this Juncture reviving, with the greatest Industry, the same wicked Arts of Calumny and Defamation, which have been the constant Preludes to public Troubles and Disorders: And such is their Insatuation, that they flatter themselves the grossest Misrepresentations will turn to their Advantage; and give them an Opportunity of recommending themselves to the Favour and good Opinion of My People. But I have so just a Considence in the Affection of My Subjects, and in their Regard for their own Welfare, that I am porsuaded they will not suder themselves to be thus imposed upon and betrayed into their own Destruction.

"For My Part, as the Preservation of the Constitution in Church and State shall always be My Care, I am firmly determined to continue to countenance such as have manifested their Zeal for the present Establishment, and have the Religious and Civil Rights of all My Subjects truly at Heart: And I question not but that Behaviour, which has justly recommended them to Me, will effectually secure to them the Good-will of all that are well-affected to My Government; and will convince the World, that the Expectations of those are very ill grounded, who hope to prevail with a Protestant free People to give up their Religion and Laberties into the Hands of such as are Enemies to both."

Then the Lord Chancellor, on his Knee, received His Majesty's further Commands.

And being again returned to his former Place, his Lordship spake as follows:

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Thursday the Fifteenth Day of this Instant March: And this Parliament is accordingly prorogued to Thursday the Fifteenth Day of this Instant March."

Die Mercurii, 14^o Martii, 1721,

Examined by us,

Clarendon.
Say & Seale.
Hu. Bristol.
De Lawarr.
Teynham.

" (fn. 1) By the KING.

"A Proclamation for dissolving this present Parliament, and declaring the speedy calling another.

"GEORGE R.

"Whereas We have thought fit, by and with the Advice of Our Privy Council, to dissolve this present Parliament, which now stands prorogued to Thursday the Fifteenth Day of this Instant March; We do for that End publish this Our Royal Proclamation; and do hereby dissolve the said Parliament accordingly: And the Lords Spiritual and Temporal, and the Knights, Citizens, and Burgesses, and Commissioners for Shires and Boroughs, of the House of Commons, are discharged from their meeting on Thursday the said Fifteenth Day of this Instant March.

"And We, being resolved to meet Our People, and have their Advice in Parliament, do hereby make known to all Our loving Subjects, that We will speedily call a new Parliament.

"Given at Our Court at St. James's, the Tenth Day of this Instant March, in the Eighth Year of Our Reign.

"GOD save the KING!"