House of Lords Journal Volume 22: January 1723

January 1723

DIE Jovis, 17^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thomson versus Harcourt.

The Answer of Richard Harcourt Esquire, to the Petition and Appeal of Henry Thomson Esquire, was brought in the Twenty-eighth of December last.

Lightburn & al. versus White & al.

And this Day the Answer of Anne White Widow, Paul Howell, Thomas Burrows, and John Usher, to the Petition and Appeal of Stafford Lightburn Esquire and Catherine his Wife, James Kennedy and Jane his Wife, Richard Murphy and Alice his Wife, Elizabeth Pue, Mary Pue, and Sarah Pue, was brought in.

L. Bruce takes the Oaths.

Charles Lord Bruce 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.

Thomson versus Harcourt.

The House being moved, on the Behalf of Richard Harcourt Esquire, Respondent to the Petition and Appeal of Henry Thomson 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 Wednesday the Sixth Day of February next, at Eleven a Clock.

Dr. Bennet versus Trepass & al.

Upon reading the Petition and Appeal of Thomas Bennet Doctor in Divinity; complaining of an Order of the Court of Exchequer, of the Twenty-sixth of October last, in a Cause wherein the Petitioner was Plaintiff, and Michael Trepass, Richard Bocket, and Nicholas Wichell, Inhabitants of the Parish of St. Giles's Cripplegate, were Defendants; and praying, "That the same may be reversed; and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Michael Trepass, Richard Bocket, and Nicholas Wichell, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the One and Thirtieth Day of this Instant January; and that Service of this Order on the Respondents Attorney or Attornies in the said Court of Exchequer be deemed good Service.

Commissioners for determining Claims on forfeited Estates, to lay their Accounts before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Commissioners for determining Claims on the forfeited Estates do lay before this House, an Account of what forfeited Estates have been sold by them, pursuant to their Commission; and to whom, and for what Consideration, and at what Time or Times, respectively; and whether all the Purchase-money has been paid, and when respectively, or what remains unpaid; and whether any of the forfeited Estates remain unsold, and what particularly; and what has been the Annual Charge of executing the said Commission, together with the Particulars thereof; and whether the said Commissioners have determined all the Claims made on the forfeited Estates, and when such Claims were severally determined; and if not, what Claims remain undetermined.

Haldane and Dundas versus Dean and Faculty of Advocates.

Whereas this Day was appointed, for hearing the Cause wherein Mr. Patrick Haldane Advocate, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents:

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

White & al. versus Lightburn & al. et è contra.

Whereas this Day was appointed, for the further hearing the Cause wherein Anne White Widow and others are Appellants, and Stafford Lightburn Esquire, Catherine his Wife, and others, are Respondents:

It is Ordered, That the further Hearing the said Cause be adjourned till Tuesday the Twenty-ninth Day of this Instant January, at Eleven a Clock.

Ashmore to answer peremptorily.

The House was informed, "That Constance Ashmore, who, by Order of this House of the Seventeenth of November last, was required to put in her Answer to the Cross Appeal of Stafford Lightburn Esquire, Catherine his Wife, and others, on or before the Two and Twentieth of December last, has neglected to put in her Answer thereunto, though duly served with the said Order for that Purpose."

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

And being withdrawn:

It is Ordered, That the said Constance Ashmore do peremptorily put in her Answer to the said Cross Appeal, by this Day Sevennight.

Viscount Grimston & al. versus Bedfordshire and Hertfordshire Road Bill.

Upon reading the Petition of the Right Honourable William Lord Viscount Grimston of the Kingdom of Ireland, James Cooke, Molineux Robinson, Thomas Arriss Esquires, Joseph Carter, John Tombes, Gentlemen, in Behalf of themselves and other Trustees for putting in Execution an Act, passed in the First Year of His present Majesty's Reign, intituled, "An Act for repairing the Highways, through the several Parishes of St. Michael, St. Albans, St. Peter, Shenley Ridge, and South Mims, in the Counties of Hertford and Middlesex;" and also of Molineux Robinson Esquire, John Tombes, Joseph Elles, William Porter, John Fothergill, Elizabeth New, Anna Jones, and others, who have advanced Money on the Credit of the said Act, for the more speedy Execution thereof;" praying, "That the Bill depending in this House, 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, may be re-committed; and that the Petitioners may be heard, by their Counsel, against a Clause in the said Bill; or that the Petitioners may be otherwise relieved:"

It is Ordered, That the said Bill be read a Third Time on Thursday the Seventh Day of February next; and that the Petitioners be at Liberty to be then heard, by their Counsel, according to the Prayer of the said Petition; as likewise Counsel for the said Bill, if the Parties think fit; so that there be but One Counsel of a Side heard, for and against the said Bill.

Bishop of Chichester to preach 30th Instant.

Ordered, That the Lord Bishop of Chichester be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Wednesday the Thirtieth Day of this Instant January.

Lord Lovat versus Mackenzie.

Upon reading the Petition and Appeal of Simon Lord Lovat; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-fourth of February and Eleventh Days of December last, made on the Behalf of Hugh Mackenzie; and praying, "That the same may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Mackenzie may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the Fourteenth Day of February next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Session, be deemed good Service.

Arundell & al. versus Macartney & al.

Upon reading the Petition of Richard Arundell Esquire, and John Butler Merchant, and Dorothy his Wife, in Behalf of themselves, and of Dame Catherine Arthur, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, and Margaret Arthur; praying Leave to prefer a Petition and Appeal, in the Nature of a Cross Appeal, in the Name of themselves, and of the said Dame Catherine, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, and Margaret Arthur, against James Macartney Senior, and John Roberts Esquires, Executors of the last Will of Douglas Ludlow Widow, and James Macartney Junior and Michael Cuffe Esquires, from such Orders and Decrees made in the Court of Chancery in Ireland as they shall be advised; and to allow the Petitioners Fourteen Days, for the lodging such Appeal, and also for putting in their Answer to the original Appeal; and that both Appeals may come on together:

It is Ordered, That the Petitioners be, and are hereby, required to put in their Answer or respective Answers to the said original Appeal; and also have hereby Leave to prefer their Cross Appeal within a Week, if they think fit.

Murrey versus Bullerwell:

The House was informed, "That George Bullcrwel, who, by Order of this House of the Tenth of December last, was required to put in his Answer to the Appeal of Alexander Murray of Broughton Esquire on or before the Seventh Instant, has neglected to put in his Answer thereunto, though duly served with the said Order for that Purpose."

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

It is Ordered, That the said George Bullerwel do peremptorily put in his Answer to the said Appeal, by this Day Sevennight.

Whadcock's Bill:

Hodie 1^a vice lecta est Billa, intituled, "An Act for the 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."

Jenyns & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Jenyns Esquire and Jane Jenyns his Mother, and of James Jenyns Esquire, his next Brother, and Rachel his Wife, Charles Longueville Esquire, William Hawkins Esquire, William Estwick Gentleman, Gell Marshall Esquire, and Thomas Jenyns Gentleman, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read

Hodie 1^a vice lecta est Billa, intituled, "An Act to 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."

Sweet versus Anderson.

The Answer of Alexander Anderson Esquire, to the Petition and Appeal of Stephen Sweet Esquire, was brought in, the Fifteenth Instant.

Adjourn.

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

DIE Veneris, 18^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lord Willoughby Er. takes the Oaths.

This Day Peregrine Lord Willoughby of Eresby 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.

Gayer and his Son, Leave to bring an Appeal.

A Petition of Robert Gayer Esquire, Eldest Son of Sir Robert Gayer late Knight of the Bath, deceased; and of Robert Gayer Junior Esquire, only Son of the said Robert, and Grandson of the said Sir Robert Gayer, was presented to the House, and read; praying, "In regard all Parties concerned are consenting, that the Petitioners may be at Liberty to bring in an Appeal, for the Alteration of a Direction in a Decree of the High Court of Chancery, made by Consent, notwithstanding the Time limited by the Standing Order of this House for presenting Appeals is elapsed."

And a Motion being made, "To dispense with the said Standing Order:"

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

E. Coningesby, Privilege.

The House being informed, "That Creswell Hunt attended at the Door, in Obedience to the Order of this House of the Nineteenth of December last, on a Complaint of a Breach of Earl Coningesby's Privilege:"

Hunt to attend.

It is Ordered, That the Matter of the said Complaint be taken into further Consideration on Tuesday next; and that the said Creswell Hunt do then attend.

Baskett versus Travers, in Error:

Whereas this Day was appointed, for hearing the Errors argued, upon the Writ of Error brought into this House the Seventeenth Day of November last, from the Court of King's Bench; wherein John Baskett is Plaintiff, and James Travers is Defendant:

Counsel appearing for the Defendant, but no Counsel for the Plaintiff in Error:

And the Counsel for the Defendant acquainting the House, "That the Matters in Difference were agreed between the said Parties;" and praying, "That the Judgement may be affirmed:"

Judgement affirmed, with Costs.

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

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege, in Parliamento suo, de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat, est Partibus præd. coram dicto Domino Rege, in Parliamento suo, usque Diem Veneris, Decimum Octavum Diem Januarii extunc prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in Parliamento suo apud Westm. ven. præd. Jacobus Travers, per Attorn. suum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. superinde reddit. quam Causis pro Error. superinde assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Decem Libr. solvi præd. Jacobo Travers, pro Mis. et Custag. suis, Occasione Dilation. Executionis Judic. præd. Prætextu Prosecution. præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde pro dicto Jacobo Travers fiend."

Basket versus Travers, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Sixth Day of December last, from the Court of King's Bench, wherein John Baskett is Plaintiff, and James Travers is Defendant:

Counsel appearing for the Defendant, but no Counsel for the Plaintiff in Error:

And the Counsel for the Defendant acquainting the House, "That the Matters in Difference were agreed between the said Parties;" and praying, "That the Judgement may be affirmed:"

Judgement affirmed, with Costs.

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

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege, in Parliamento suo, de Judicio suo de et super Præmiss. reddend. nondum advisatur; Dies inde dat. est Partibus præd. coram dicto Domino Rege, in Parliamento suo, usque Diem Veneris, Decimum Octavum Diem Januarii extunc prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in Parliamento suo apud Westm. ven. præd. Jacobus Travers, per Attorn. suum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. superinde reddit. quam Causis pro Error. superinde assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Decem Libr. solvi præd. Jacobo Travers, pro Mis. et Custag. suis, Occasione Dilationis Executionis Judicii præd. Prætextu Prosecutionis præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde pro dicto Jacobo Travers fiend."

Maber versus Thornton, in Error:

After hearing Counsel, to argue the Errors assigned upon a Writ of Error brought into this House the Seventeenth Day of November last, wherein Edward Maber is Plaintiff, and Robert Thornton is Defendant, in order to reverse a Judgement given in the Court of King's Bench, and also a Judgement given in the Exchequer Chamber, affirming the said Judgement for the Defendant in Error; and due Consideration had of what was offered in this Cause:

Judgement affirmed, with Costs.

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

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

"Et quia Cur. dicti Domini Regis hic, coram ipso Domino Rege, in Parliamento suo, de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege, in Parliamento suo, usque Diem Veneris, Decimum Octavum Diem Januarii extunc prox. sequen. ubicunque &c. de Judicio suo de et super Præmiss. ill. audiend. eo quod Cur. dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in Parliamento suo apud Westm. ven. præd. Rob'tus Thornton, per Attorn. suum præd.; super quo, visis et per Cur. Parliamenti præd. examinat. tam Record. et Process. præd. ac Judic. superinde reddit. ac præd. Affirmation. Judic. ill. quam Causis pro Error. superinde assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Decem Libr. solvi præd. Rob'to Thornton, pro Mis. et Custag. suis, Occasione Dilationis Executionis Judic. præd. Prætextu Prosecutionis præd. Brevis de Error.; ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Executionem superinde pro dicto Rob'to Thornton fiend."

E Broadalbine & al. versus E. Caithnes.

Whereas Monday next is appointed, for hearing the Cause wherein John Earl of Broadalbine, Sir James Sinclair Baronet, and John Sinclair Esquire, are Appellants, and Alexander Earl of Caithnes is Respondent:

The House being moved, "That the said Hearing may be put off for a few Days, in regard the Pleadings and Proceedings in the said Cause are but lately come from Scotland:"

And thereupon the Agents on both Sides were called in.

And severally consenting to the putting off the said Hearing accordingly; and being withdrawn:

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

Rigge versus Abercron bey.

Upon reading the Petition and Appeal of Thomas Rigge of Mortoun Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Twelfth of July; and of Part of an Interlocutor of the Twenty-Fourth of November; and of certain Interlocutors, of the Fifteenthand Nineteenth of December last, and Ninth of this Instant January, in a Cause wherein Alexander Abercrombie of Tullibodie Esquire was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Abercrombie may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the Fifteenth Day of February next; and that Service of this Order on the Respondent's Writer, or Agent, in the Court of Session in Scotland, be deemed good Service.

Whadcock's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the 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."

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

Papers from Navy-office delivered.

The House being informed, "That some of the Commissioners of the Navy attended:"

They were called in.

And delivered, at the Bar, the Estimate and Accompt, pursuant to their Lordships Order of the Eighteenth of December last.

And withdrew.

The Titles whereof were read, as follow; (videlicet),

"1st, An Estimate of the Debt of His Majesty's Navy, as it stood on the Thirty-first of December 1722; expressing what was then the gross Debt, and what was in the Hands of the Treasurers of the Navy towards Payment thereof."

"2d, An Accompt of what has been issued from the Exchequer, of the Money given by Parliament, for the Use of the Navy, before the Thirty-first of December 1722."

Jenyns's Bill.

Hodie 2^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 comprized 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."

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

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

Watts to change his Name to St. Nicholas, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Timothy Watts, of Burbage, in the County of Leicester, Esquire, and his Heirs, to change and alter their Names to Saint Nicholas, according to the Will of Bazill Saint Nicholas, of Knowle, in the County of Warwick, Esquire, deceased."

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

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

Sheppard to change his Name to Hall, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable William Sheppard to change his Surname of Sheppard to Hall, according to the Will of William Hall Serjeant at Law, deceased."

Ordered, That the said Bill be committed to the Consideration of the same Lords Committees to whom the last mentioned Bill stands referred:

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

Adjourn.

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

DIE Lunæ, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Percy takes his Seat.

This Day Algernon Seymour Lord Percy sat first in Parliament, upon the Death of his Mother Elizabeth late Dutchess of Somerset, sole Daughter and Heiress of Joceline Percy last Earl of Northumberland.

Lords take the Oaths.

George Earl of Cardigan and Algernon Lord Percy 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.

Mr. Gayer, Leave to appeal.

The House (according to Order) took into Consideration the Motion made on Friday last, for dispensing with the Standing Order, which limits the Time for presenting Appeals, upon reading the Petition of Robert Gayer Esquire, and Robert Gayer Junior Esquire his only Son; praying Leave to bring in an Appeal, for the Alteration of a Direction in a Decree of the High Court of Chancery.

It is thereupon Ordered, That the said Standing Order be dispensed with; and that the Petitioners have hereby Leave to bring in an Appeal; the same being by Consent of the Parties, and to alter a Decree which was made by the like Consent.

Message to H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery), for the Service of the Year One Thousand Seven Hundred Twentythree;" to which they desire the Concurrence of this House.

Motion for Layer's Trial to be printed:

A Motion was made, "That the Judges of the King's Bench be ordered to cause the Trial of Christopher Layer Esquire to be forthwith printed and published; the same being first perused by the King's Counsel."

And a Question being stated thereupon:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Negative.

Protest against not putting the Question:

"Dissentient.

"1st, Because it appeared to us, on the Debate of the main Question, that there has been an unnecessary and affected Delay in the Printing and Publishing the said Trial; it being full Two Months since Christopher Layer was tried; and Direction having been given for the speedy publishing thereof, so long since as the Twenty-seventh of November last, as appears by an Advertisement printed by Authority in The Gazette: And it having been allowed in the Debate, that the Delay was extraordinary; and no Fact having been laid before the House, sufficient, as we apprehend, to excuse such Delay; we think that the main Question ought to have been put, as the only Security, in our Opinion, against any further Neglect; and to prevent any Imputation on the Honour of the House, for countenancing or conniving at such Delay.

"2dly, This House having received no Manner of Satisfaction, since His Majesty's most Gracious Speech from the Throne, touching the horrid Conspiracy therein communicated; and no Step having been taken, for aught appears to us, either in Parliament or elsewhere, for obtaining the Justice due by the Laws of the Land to any of the Conspirators (except the said Layer), though His Majesty was pleased to assure this House, in a Speech from the Throne, "That some of the Conspirators were then taken up and secured;" we think that the main Question ought to have been put; whereby the Publication of the said Trial might have been quickened, and thereby the Nation received such Satisfaction concerning the said execrable Conspiracy, as could be collected from the said Proceeding; and this House have been enabled to make such Use thereof as should appear necessary, in their Wisdom, for the Honour, Interest, and Safety, of His Majesty and His Kingdoms.

"3dly, Because we are apprehensive, that the Delay in publishing the said Trial may have contributed to create Jealousies concerning the said Conspiracy, and may have encouraged ill-affected Persons to foment the same, to the great Prejudice of His Majesty's Government. And as, in our Opinion, the speedy publishing the said Trial, if the same had been done, might have conduced to the Prevention of those Mischiefs; we also conceive, that the further Growth of them might have been checked, if the main Question had been put, and carried in the Affirmative.

"4thly, Because we think it of great Consequence to His Majesty's Service, that the Publication of the said Trial should have been made under the strictest Security against any Partiality, or other Abuse, relating thereto; and therefore we think the main Question ought to have been put, whereby the Care and Inspection thereof would have been lodged, by the Authority of this House, in the Hands of the Judges, to whom it properly belongs; and its falling into any other Hands, not so proper or not so immediately responsible to this House, would have been prevented.

"Anglesey.
Osborne.
Foley.
Craven.
Trevor.
Fran. Cestriens.
Aylesford.
Bathurst.
Hereford.
Lechmere.
Compton.
Strafford.
Ashburnham.
Cowper.
Gower.
Weston."

Motion for the Judges, and Counsel in the Trial, to attend:

Then a Motion being made, and the Question being put, "That the Judges of the King's Bench do attend, in their Places, on Thursday next; and that the King's Counsel who were concerned in the Trial of Christopher Layer, and also the Counsel for the said Layer at the said Trial, and Mr. Samuel Buckley, and the Person or Persons who took the said Trial in Short Hand, do attend at the Bar of this House at the same Time?"

It was Resolved in the Negative.

Protest against not putting the Question.

"Dissentient.

"1st, Because, the House having resolved, That the Question for ordering the Printing the Trial of Layer should not now be put; we are of Opinion, that it is thereby made necessary for the Honour of the House, that the Occasion of the Delay should be inquired into; for, without such Inquiry, we are apprehensive that the Proceedings of this House may be misconstrued, as tending to countenance such Delay.

"2dly, Because we think it the Right of this House, to inquire into all Neglects or Abuses which concern the Public: And though it was objected in the Debate, "That such Inquiry might carry some Imputation on the Judges or other Persons concerned;" we think that that Objection may be equally assigned against all Inquiries, but is inconsistent with the Honour and Dignity of the House; and ought not, as we conceive, be put in the Balance with the Honour of the House, and the Public Service, to which the Question, in our Opinion, has an apparent Tendency.

Anglesey.
Osborne.
Strafford.
Foley.
Fran. Cestriens.
Craven.
Trevor.
Aylesford.
Bathurst.
Brooke.
Lechmere.
Compton.
Ashburnham.
Gower.
Weston.
Cowper."

D. Montagu & al. Petition referred to Judges.

Upon reading 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; praying Leave to bring in a Bill, for ratifying, confirming, and establishing, certain Articles of Agreement, upon the intended Marriage between the Petitioners William Duke of Manchester and Lady Isabella Montagu, and all the Settlements, Uses, Trusts, Provisos, and Agreements, therein mentioned; and for raising the Portions of the said Ladies Isabella and Mary Montagu; and for other Purposes in the Petition mentioned:

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

Adjourn.

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

DIE Martis, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Forbes & al. versus Denniston & al.

This Day the Answer of Alexander Denniston, Samuel Denniston, and James Thompson, to the Petition and Appeal of the Honourable George Forbes, commonly called Lord Forbes, and others, was brought in.

Malt Duties, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery) for the Service of the Year One Thousand Seven Hundred Twenty-three."

E. Coningesby's Complaint against Hunt, referred to Committee of Privileges.

The House (according to Order) proceeded to take into Consideration the Matter of the Complaint of a Breach of Privilege committed by Creswell Hunt, in keeping Mr. John Chamberlain, Rector of Humber in the County of Hereford, out of Possession of a Chapel, in the Parish of Pencham, in the said County, belonging to Thomas Earl Coningesby:

And the said Hunt, attending, was called in; as was likewise one John Steed; who delivered, at the Bar, an authentic Copy of the Will of Mrs. Rogers; as also the Appointment, by the said Earl, of the said Chamberlain to officiate in the said Chapel.

And the same, together with an Affidavit of the said Chamberlain of his being refused to officiate therein, being read;

The said Earl was heard, in relation to the said Complaint.

After which, at the Instance of the said Hunt, one Humphry Newton was examined, upon Oath, touching the Conversation that passed at Hunt's House, upon the said Mr. Chamberlain's being refused to officiate in the said Chapel.

And the said Hunt being further heard in relation thereto; and the several Parties being withdrawn:

And a Clause in the Act 12^o & 13^o Gulielmi III^th Regis, intituled, "An Act for preventing any Inconveniencies that may happen by Privilege of Parliament," being read:

It is Ordered, That the Consideration of the Matter of the said Complaint be, and is hereby, referred to the Lords Committees for Privileges; and that Creswell Hunt do attend the said Committee.

Fothringham versus Espinosa, in Error:

Whereas To-morrow is appointed, for arguing the Errors assigned upon the Writ of Error depending in this House, wherein David Fothringham is Plaintiff, and Moses Espinosa is Defendant:

Causes put off.

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

Haldane and Dundas versus Dean and Faculty of Advocates.

Whereas Thursday next is appointed, for hearing the Cause wherein Mr. Patrick Haldane Advocate, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents:

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

Adjourn.

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

DIE Veneris, 25^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. and Ly. Blany versus Mahon & Ux.

The Answer of Nicholas Mahon Esquire and Eleanor his Wife, to the Appeal of Cadwallader Lord Blany and Lady Mary Dowager Blany, Relict and Administratrix of William late Lord Blany:

Macartney & al. versus Arundell & al.

And the Answer of Richard Arundell Esquire and others, to the Appeal of James Macartney Senior, John Roberts, Esquires, and others;

Were this Day brought in.

E. Poulett takes the Oaths.

John Earl Poulett came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Dr. Coote and Godsell versus Mammon & al.

The House being moved, on the Behalf of John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, Respondents to the Petition and Appeal of Dr. Chidley Coote and James Codsell, "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 Eleventh Day of February next, at Eleven a Clock.

Protestations, entered 21st Instant, to be considered.

Ordered, That, on Tuesday next, this House will take into Consideration the Protestations entered in the Journal of this House upon Monday the Twenty-first of this Instant January; and the Lords to be summoned.

White & al. versus Lightburn & al.: 'et è contrá.

Whereas Tuesday next is appointed, for the further hearing the Cause wherein Anne White Widow and others are Appellants, and Stafford Lightburn Esquire, Catherine his Wife, and others, are Respondents: And whereas, by Order of this House of the Seventeenth Instant, Constance Ashmore was required peremptorily to put in her Answer to the Cross Appeal of Stafford Lightburn Esquire, Catherine his Wife, and others, on or before Thursday last; which she has neglected to do:

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

It is Ordered, That the further Hearing the original Cause be adjourned till Saturday the Second Day of February next, at Eleven a Clock; and that the Cross Cause be heard at the same Time; and that the said Cross Cause be heard ex Parte, as against the said Constance Ashmore.

E. Broadalbine & al. versus E. Caithnes.

Whereas To-morrow is appointed, for hearing the Cause wherein John Earl of Broadalbine, Sir James Sinclair Baronet, and John Sinclair Esquire, are Appellants, and Alexander Earl of Caithnes is Respondent:

The House being moved, "That the said Hearing may be put off for some Time, in regard the Parties are about an Accommodation:"

And thereupon the Agents on both Sides were called in.

And severally consenting to the putting off the said Hearing:

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

Murray versus Bullerwell.

The House being moved, "That Mr. Patrick M^cDowall may be permitted to enter into a Recognizance for Alexander Murray of Broughton Esquire, on account of his Appeal depending in this House, to which George Bullerwel is Respondent; the Appellant residing in Scotland:"

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

Fothringham versus Espinosa, in Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Sixth Day of December last, from the Court of King's Bench, wherein David Fothringham is Plaintiff, and Moses Espinosa is Defendant:

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

Judgement affirmed, with Costs.

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

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

"Et quia Curia dicti Domini Regis hic, coram ipso Domino Rege, in Parliamento suo, de Judicio suo de & super Præmiss. reddend. nondum advisatur, Dies inde dat. est Partibus præd. coram dicto Domino Rege, in Parliamento suo, usque Diem Veneris, Vicesimum Quintum Diem Januarii extunc prox. sequent. ubicunque &c. de Judicio suo de & super Præmiss. ill. audiend. eo quod Curia dicti Domini Regis in Parliamento suo inde nondum &c.; ad quem Diem, coram dicto Domino Rege, in Parliamento suo apud Westm. ven. præd. Moses Espinosa, per Attorn. suum, præd.; super quo, visis & per Cur. Parliamenti præd. examinatis tam Record. & Process. præd. ac Judic. superinde reddit. ac Affirm. Judic. quam Causis pro Error. superinde assign. cons. est per Cur. Parliamenti præd. quod Judic. præd. in omnibus affirmetur, cum Quinquagint. Libr. solvi præfat. Mosi pro Misis & Custag. suis Occasione Dilation. Execution. Judic. præd. Prætextu Prosecution. præd. Brevis de Error. ac quod Record. præd. remittatur in Cur. dicti Domini Regis, ad Execution. superinde pro dicto Mose fiend."

Report of Trustees, concerning Estates late S S. Directors & al. delivered.

The House being informed, "That Mr. Martin, from the Trustees in whom the Estates of the late Directors of the South Sea Company and others are vested, attended:"

He was called in; and delivered, at the Bar,

"The Report of the Trustees, nominated and appointed to put in Execution the several Trusts and Powers mentioned and contained in an Act of Parliament, made and passed in the Seventh Year of His Majesty's Reign, intituled, "An Act for raising Money, upon the Estates of the late Sub-governor, Deputy Governor, Directors, Cashier, Deputy Cashier, and Accomptant, of the South Sea Company, and of John Aislabie Esquire, and likewise of James Craggs Senior Esquire, deceased, towards making good the great Loss and Damage sustained by the said Company, &c." and also in One other Act of Parliament, made and passed in the Eighth Year of His said Majesty's Reign, 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 Senior Esquire, deceased, are vested; and for other Purposes therein mentioned."

And withdrew.

And the Title of the said Report was read.

L. Lovat versus Mackenzie.

The House being moved, "That John Llewellin Gentleman may be permitted to enter into a Recognizance for Simon Lord Lovat, on account of his Appeal depending in this House, to which Hugh Mackenzie is Respondent; the Appellant residing in Scotland:"

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

Malt Duties, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery) for the Service of the Year One Thousand Seven Hundred Twenty-three."

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

L. Forbes &al. versus Denniston &al.

The House being moved, on the Behalf of the Honourable George Forbes, commonly called Lord Forbes, and others, Appellants in a Cause depending in this House, to which Alexander Denniston and others are Respondents, "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 Wednesday the Thirteenth Day of February next, at Eleven a Clock.

Edwin's Petition, for Marquis Powrs to warve his Privilege.

A Petition of Charles Edwin Esquire, Executor of the last Will and Testament of Samuel Edwin Esquire, was presented to the House, and read; praying, "That the Petitioner may be at Liberty to proceed upon a Judgement obtained by Samuel Edwin, the Petitioner's Father, in Michaelmas Term One Thousand Seven Hundred Twenty-one, in the Court of Common Pleas, against William now Marquis of Powis, for Seventy Thousand Pounds Debt, besides Costs of Suit, as a Security for the Payment of Twenty-four Thousand Pounds, with Interest and Costs, justly due to the Petitioner's Father from the said Marquis, and to follow such his Process from Time to Time with Effect; and that their Lordships will be pleased to declare, That the said Marquis hath no Right to any Privilege, against the Petitioner's Proceedings in this Case:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees for Privileges; and that the Petitioner do forthwith cause the best Notice he can to be given, to the other Side, of this Order.

Mahon & Ux. versus L. Blany and Ly. Dowager Blany.

Upon reading the Petition and Cross Appeal of Nicholas Mahon Esquire and Eleanor his Wife, Plaintiffs in a Cause depending in the High Court of Chancery in Ireland, to which Cadwallader Lord Blany and Mary Lady Dowager Blany, Relict and Administratrix of William late Lord Blany, and others, were Defendants; setting forth, "That the said Cadwallader Lord Blany and Mary Lady Blany presented their Petition and Appeal to this House the Twenty-third of October last, complaining of several Orders pronounced in the said Cause, to which Appeal the Petitioners have put in their Answer: That the Petitioners do also complain of the said several Orders, and of the Order of the Nineteenth of April 1719;" and praying, That their Cross Appeal may be received; and the said Cadwallader Lord Blany and Mary Lady Blany may be ordered to put in their Answer thereunto, so that the said Cross Appeal may be heard at the same Time with the Appeal of the said Cadwallader Lord Blany and Mary Lady Blany; and that the Petitioners may be relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Cadwallader Lord Blany and Mary Lady Blany may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, on or before Friday the First Day of March next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Adjourn.

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

DIE Sabbati, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Malt Duties, &c. Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery) for the Service of the Year One Thousand Seven Hundred Twenty-three."

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

And the Earl of Yarmouth 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."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery) for the Service of the Year One Thousand Seven Hundred Twenty-three."

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. Holford and Mr. Godfrey:

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

Arundell & al. versus Macartney & al.: Cross Appeal.

Upon reading the Petition and Appeal of Richard Arundell Esquire, Executor of the last Will and Testament of Sir Richard Bellings Knight, deceased, Dame Catherine Arthur, alias Smith, Widow and Relict of Daniel Arthur, late of Paris, and formerly of London, Merchant, since called Sir Daniel Arthur Knight, Daniel Arthur Smith of Paris Merchant, John Arthur of London Merchant, Elizabeth Arthur, Margaret Arthur, John Butler of London Merchant, and Dorothy Butler, alias Arthur, his Wife, the said Daniel Arthur Smith, John, Elizabeth, Margaret, and Dorothy, being Children of the said Sir Daniel Arthur by the said Dame Catherine; complaining of Part of several Orders and Decrees made in the Court of Chancery in Ireland, the Fourth of May, and Twenty-fifth of June, and Fifth of July, One Thousand Seven Hundred and Sixteen, the Elevènth of July One Thousand Seven Hundred and Twenty, the Twelfth of May and Thirteenth of June One Thousand Seven Hundred Twenty-one, the Fifth of May and Twentythird Days of June last, in the Causes following; (videlicet,) in a Cause wherein the said Sir Richard Bellings, Dame Catherine Arthur, Daniel, John, Elizabeth, Margaret, and Dorothy Arthur, were Plaintiffs, against Douglas Ludlow Widow, Francis Cuffe, and James Macartney Senior, James Macartney Junior, and others, (fn. 1) were Defendants; which Cause was revived, on the Death of the said Douglas Ludlow, against her Executors, the said James Macartney Senior and John Roberts Esquires, and the said Francis Cuffe and James Macartney Junior; and was also revived against them, on the Death of the said Sir Richard Bellings, in the Name of his Executor the said Richard Arundell; and was likewise revived, on the Death of the said Francis Cuffe, against his Brother and Heir Michael Cuffe Esquire; and was afterwards revived, on the Marriage of the Petitioner Dorothy Arthur with the Petitioner John Butler: And in a Cause wherein the said James Macartney Senior and John Roberts, Executors of the said Douglas Ludlow, and the said Francis Cuffe and James Macartney Junior, were Plaintiffs, against Sir Richard Bellings, and the Petitioners Dame Catherine Arthur, Daniel, John, Elizabeth; Margaret, and Dorothy Arthur, (fn. 1) were Defendants; which Cause was afterwards revived, on the Death of the said Sir Richard Bellings, against his said Executor Richard Arundell; and, on the Death of the said Francis Cuffe, the same was revived, in the Name of his said Brother and Heir Michael Cuffe Esquire; as also on the Marriage of the Petitioner Dorothy with the Petitioner John Butler; and praying, "That such Parts of the said several Orders, and the Proceedings thereupon, whereby the Petitioners conceive themselves aggrieved, may be reversed and rectified; and that the Petitioners may be relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Macartney Senior, John Roberts, James Macartney Junior, and Michael Cuffe, 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 Second Day of March next; and that Service of this Order on the Respondents Clerk or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Steil versus Harper and Houstoun.

The House being moved, "That Alexander Hamilton Gentleman may be permitted to enter into a Recognizance for Mr. William Steil of Liquo, on account of his Appeal depending in this House, to which John Harper and Robert Houstoun Doctor in Physic are Respondents; the Appellant residing in Scotland:

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

Sweet versus Anderson.

The House being moved, on the Behalf of Alexander Anderson Esquire, Respondent to the Petition and Appeal of Stephen Sweet 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 Fifteenth Day of February next, at Eleven a Clock.

Adjourn.

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

Die Lunæ, 17^o Februarii, 1723, hitherto examined by us,

R. Lincoln.
T. Chichester.
Jo. Norwich.
De Lawarr.
Hu. Bristol.

DIE Lunæ, 28^o Januarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Stone & al. versus Byrne.

Whereas this Day was appointed, for hearing the Cause wherein Richard Stone Esquire, Catherine his Wife, and others, are Appellants, and Walter Byrne Esquire is Respondent:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Friday next; and that the Counsel be called in at Twelve a Clock precisely.

Smith to change his Name to Dickonson, Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Smith and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased," was committed: That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Smith and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased."

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

It was Resolved in the Affirmative.

Watts to change his Name to Saint Nicholas, Bill.

The Earl of Yarmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Timothy Watts, of Burbage, in the County of Leicester, Esquire, and his Heirs, to change and alter their Names to Saint Nicholas, according to the Will of Bazill Saint Nicholas, of Knowle, in the County of Warwick, Esquire, deceased," was committed: "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Timothy Watts, of Burbage, in the County of Leicester, Esquire, and his Heirs, to change and alter their Names to Saint-Nicholas, according to the Will of Bazill Saint Nicholas, of Knowle, in the County of Warwick, Esquire, deceased."

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

It was Resolved in the Affirmative.

Sheppard to change his Name to Hall Bill:

And the Earl of Yarmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act to enable William Sheppard to change his Surname of Sheppard to Hall, according to the Will of William Hall Serjeant at Law, deceased," was committed: That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

Then, Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Sheppard to change his Surname of Sheppard to Hall, according to the Will of William Hall Serjeant at Law, deceased."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

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

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

Message from thence, with a Bill.

A Message from the House of Commons, by Sir Edward Knatchbull and others:

With a Bill, intituled, "An Act for the amending the Laws relating to the Settlement, Employment, and Relief, of the Poor;" to which they desire the Concurrence of this House.

Poor's Bill.

Then, Hodie 1^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 read a Second Time on Tuesday the Fifth Day of February next; and that the Judges do then attend; and that they have Copies thereof in the mean Time.

S. S. Comp. versus Curzon:

The House was informed, "That Eleanor Curzon, who, by Order of this House of the Eighteenth of December last, was required to put in her Answer to the Petition and Appeal of the Governor and Company of Merchants of Great Britain trading to The South Seas, and other Parts of America, and for encouraging the Fishery, &c. on or before the First Day of this Instant January, has neglected to put in her Answer thereunto, though duly served with the said Order for that Purpose."

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

And being withdrawn:

To answer peremptorily.

It is Ordered, That the said Respondent do peremptorily put in her Answer to the said Appeal by this Day Sevennight.

Murray versus Bullerwel:

Whereas, by Order of this House of the Seventeenth Day of this Instant January, George Bullerwel was required peremptorily to put in his Answer to the Appeal of Alexander Murray of Broughton Esquire, on or before Thursday last; which he has neglected to do:

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

To be heard, ex Parte.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on Saturday the Ninth Day of February next, at Eleven a Clock.

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 let the Commons know, "That it is His Majesty's Pleasure, they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Malt Bill to be passed, delivered the same 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 Titles of the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

"1. An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, to raise Money (by Way of a Lottery) for the Service of the Year One Thousand Seven Hundred Twenty-three."

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

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

"2. An Act to enable William Sheppard to change his Surname of Sheppard to Hall, according to the Will of William Hall Serjeant at Law, deceased."

"3. An Act to enable Timothy Watts, of Burbage, in the County of Leicester, Esquire, and his Heirs, to change and alter their Names to Saint Nicholas, according to the Will of Bazill Saint Nicholas, of Knowle, in the County of Warwick, Esquire, déceased."

"4. An Act to enable John Smith and his Heirs to take and use the Surname of Dickonson, according to the Will of John Dickonson Gentleman, deceased."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

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

DIE Martis, 29^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

L. Haversham takes the Oaths.

This Day Maurice Lord Haversham 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.

Sommers & al. Petition referred to Judges.

Upon reading the Petition of Richard Sommers Esquire and Anne his Wife, on Behalf of themselves, and of Elizabeth Frances Sommers, Anna Maria Sommers, Martha Sommers, and Harriot Sommers, their Four Daughters, all Minors, now under the Age of Twentyone Years, and of Francis Barrell, Whitlocke Bulstrode, and Edward Marshall, Esquires; praying Leave to bring in a Bill, for vesting the Fee Simple and Inheritance of such Part of the Lands comprized in certain Terms of Five Hundred Years, vested in the Petitioners Francis Barrell and Whitlocke Bulstrode (as will be sufficient and most convenient), in Trustees, to be sold, for Payment of the Principal Sum of Two Thousand Five Hundred and Sixty Pounds, and Interest, in Discharge of the Incumbrances in the Petition mentioned:

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

Protestations, entered 21st Instant, considered, and censured.

The Order was read, for taking into Consideration the Protestations entered in the Journal of this House upon Monday the Twenty-first of this Instant January.

And the several Reasons in the said Protestations being read:

A Motion was made, "That it is a groundless Assertion, in the Protestation entered upon Monday the Twenty-first of this Instant January, "That it appeared on the Debate, that there had been an unnecessary and affected Delay in the printing and publishing the Trial of Christopher Layer;" and the utmost Indignity to this House, to suggest, that any Question was necessary to have been put, for preventing an Imputation on the Honour of this House, for countenancing or conniving at such Delay."

And a Question being stated thereupon;

It was proposed, after the Word ["Debate"], and before the Word ["that"], to add these Words, (videlicet,) ["to the Lords who signed the said Protest"].

Which being objected to;

The Question was put, "Whether those Words shall be made Part of the Question?"

It was Resolved in the Negative.

Then it was proposed, after the Word ["Question"], and before the Words ["was necessary"], to insert these Words, (videlicet,) ["in the Opinion of the same Lords"].

Which being likewise objected to;

The Question was put, "Whether those Words shall be made Part of the Question?"

It was Resolved in the Negative.

Then the main Question was put, "That it is a groundless Assertion, in the Protestation entered upon Monday the Twenty-first of this Instant January, "that it appeared, on the Debate, that there had been an unnecessary and affected Delay, in the printing and publishing the Trial of Christopher Layer;" and the utmost Indignity to this House, to suggest, that any Question was necessary to have been put, for preventing an Imputation on the Honour of this House, for countenancing or conniving at such Delay?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, Because the Assertion and Suggestion in the Protestation, intended to be censured by the Resolution, are qualified as the Amendments offered would have stated them, if admitted, by being restrained to the Opinion of the Lords who signed the Protestation; but those Restrictions are wholly omitted in the Resolution: And we are clearly of Opinion, that, if the Assertion and Suggestion had been set forth in the Resolution as they stand in the Protestation, they could not have been censured with any Colour of Justice; but that the said Omission being, as we conceive, of a Circumstance extremely material, we think the Censures contained in the Resolution are not applicable to the Assertion and Suggestion sound in the Protestation, but to such as are of a very different Nature.

"2dly, The restraining the Assertions, used in Protestations, to the Apprehension or Opinion of the Lords protesting, where it contradicts the Opinion of the House, is, as we conceive, so much of the Essence of a Protestation with Reasons, that, of the great Number of Instances of such Protestations standing on the Journals of this House, not One could be found regular among them, if that due Caution and Respect to the Opinion of the Majority was omitted: And therefore it seems clear to us, that the like Censure might be as justly passed on all the Protestations with Reasons that were ever entered, if they were recited and represented in the same Manner as we conceive this to be.

"Latchfield.
Brooke.
Uxbridge.
Foley.
Cowper.
Aberdeen.
Fran. Cestriens.
Lechmere.
Bathurst.
Osborne.
Strafford.
Trevor.
Ashburnham.
Scarsdale.
Hay.
Exeter.
Gower.
Anglesey.
Guilford.
Craven.
Compton.
Montjoy.
Bingley.
Hereford."

Motion, That Layer's Trial has been printed with all possible Expedition; and that the Infinuation to the contrary is unjust:

Then a Motion was made, "That the said Trial has been printed and published with as much Expedition, as the Length and Nature of the said Trial, and the careful Perusal and Examination thereof by the Judges, could admit of; and in as little Time as has been generally accustomed in the like Cases: And that it is an unjust Infinuation, That the Authority of this House was wanting, for lodging the Care and Inspection of the said Trial in the Hands of the Judges; or that there was any Danger of its falling into any other Hands; or that the same had been under the Direction of any others whatsocver besides the Judges."

And a Question being stated thereupon;

Proposal to omit Words in it:

It was proposed, "To leave out these Words; (videlicet,) "["And that it is an unjust Infinuation, That the Authority of this House was wanting, for lodging the Care and Inspection of the said Trial in the Hands of the Judges; or that there was any Danger of its falling into any other Hands; or that the same had been under the Direction of any others whatsoever besides the Judges."]

Which being objected to;

The Question was put, "Whether those Words shall stand Part of the Question?"

It was Resolved in the Affirmative.

Protest against rejecting it:

"Dissentient.

"Because we conceive it to be contrary to the Nature and Course of Proceedings in Parliament, that a complicated Question, consisting of Matters of a different Consideration, should be put, especially if objected to, that Lords may not be deprived of the Liberty of giving their Judgements on the said different Matters as they think sit.

"Litchfield.
Strafford.
Scarsdale.
Uxbridge.
Cowper.
Brooke.
Rathurst.
Trevor.
Foley.
Aberdeen.
Lechmere.
Gower.
Osborne.
Fran.
Cestriens.
Compton.
Ashburnham.
Guilford.
Anglesey.
Exeter.
Hay. Montjoy.
Bingley.
Craven.
Hereford."

Then the main Question was put, "That the said Trial has been printed and published with as much Expedition as the Length and Nature of the said Trial, and the careful Perusal and Examination thereof by the Judges, could admit of; and in as little Time as has been generally accustomed in the like Cases: And that it is an unjust Infinuation, That the Authority of this House was wanting, for lodging the Care and Inspection of the said Trial in the Hands of the Judges; or that there was any Danger of its falling into any other Hands; or that the same had been under the Direction of any others whatsoever besides the Judges?"

It was Resolved in the Affirmative.

Protest against the main Question.

"Dissentient.

"Because, when a Question was moved, on the Twenty-first of this Instant, in order to appoint a Day for this House to inquire if the printing Layer's Trial was dispatched with all proper Expedition, or, if not, where the Fault lay, which would naturally have led us to have seen if it had fallen into any other Hands than it should have done; though we thought it highly reasonable, the Majority of the House then did not; and we were yet willing to have gone into the same Examination: But we cannot conceive it to be fit, or agreeable to the Dignity or regular Course of Proceedings in this House, to vote or resolve so many Matters of Fact as are contained in this Resolution, without any Examination at all, or any Evidence given to support them; and which, in their Nature, as we think, cannot be within the Knowledge of any One Lord present in the Debate.

"2dly, As for the Infinuation with which the Protestation is charged by this Resolution, we do not apprehend the Protestation to be justly liable to that Charge; but, supposing it to be so, we cannot yet but be of Opinion, that the permitting that Matter to have been fully inquired into would have been the properest and best Method of preventing or answering that Infinuation.

"Litchfield.
Scarsdale.
Brooke.
Cowper.
Uxbridge.
Foley.
Strafford.
Bathurst.
Trevor.
Osborne.
Gower.
Aberdeen.
Hereford.
Fran. Cestriens.
Compton.
Anglesey.
Guilford.
Bingley.
Lechmere.
Craven.
Exeter.
Montjoy.
Hay."

Motion, That the House is satisfied of the Reality of the Conspiracy:

Then a Motion was made, "That this House, not capable of doubting of the Truth of the traiterous Conspiracy communicated to them by His Majesty in His most Gracious Speech from the Throne, has, even since that Time, received very great Satisfaction, from some convincing Proofs touching the same; and is sirmly persuaded, that such further Satisfaction will be yet in due Time given, as must render it impossible for any one to doubt thereof."

And a Question being stated thereupon:

After Debate;

The previous Question was put, "Whether the said Question shall be now put?"

It was Resolved in the Affirmative.

Protest against putting the Question.

Dissentient.

"1st, Because, to the best of our Apprehensions, no Part of the Protestation gave Occasion for the putting of such a Question; for it was, as we conceive, clearly admitted in the Protestation, that His Majesty's most Gracious Speech from the Throne had given Satisfaction, as to the Truth of the Conspiracy in general: And the excepting Layer's Trial therein did plainly allow, that the said Trial had, as far as that went, opened the Particulars; and yet the Resolution, as we take it, carries with it an Infinuation, that the Protestation had raised a Doubt concerning the Truth of the said traiterous Conspiracy; which Infinuation is, in our Opinion, entirely groundless.

"2dly, The said several Resolutions importing Censures, as we conceive, on the said Protestation, and being not warranted by more than One Precedent that we can find on the Journals of this House; and the Liberty of Protesting, with Reasons, being an unquestionable Right and essential Privilege of the whole Peerage; we are of Opinion, That the said Resolutions tend to discountenance and discourage the due Liberty of Protesting; and in that respect may be, as we apprehend, of dangerous Consequence.

"Litchfield.
Cowper.
Brooke.
Scarsdale.
Bathurst.
Aberdeen.
Foley.
Uxbridge.
Osborne.
Gower.
Fran. Cestriens.
Bingley.
Compton.
Lechmere.
Strafford.
Exeter.
Guilford.
Anglesey.
Hay.
Craven.
Montjoy.
Hereford."

Resolution, That the House is satisfied of the Reality of the Conspiracy, &c.

Then the main Question was put, "That this House, not capable of doubting of the Truth of the traiterous Conspiracy, communicated to them by His Majesty in His most Gracious Speech from the Throne, has, even since that Time, received very great Satisfaction, from some convincing Proofs touching the same; and is firmly persuaded, that such further Satisfaction will be yet in due Time given, as must render it impossible for any one to doubt thereof?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

Strafford.
Hereford.
Cowper.
Scarsdale.
Anglesey.
Litchfield.
Bathurst.
Fran. Cestriens.
Brooke.
Foley.
Gower.
Uxbridge.
Osborne.
Aberdeen.
Exeter.
Compton.
Lechmere.
Hay.
Guilford.
Bingley.
Craven.
Montjoy."

Haldane and Dundas versus Dean and Faculty of Advocates.

Whereas Thursday next is appointed, for hearing the Cause wherein Mr. Patrick Haldane Advocate, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown, are Appellants, and the Dean and Faculty of Advocates are Respondents:

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday next; and the Lords to be summoned; and that the Causes appointed for that Day be heard on Tuesday; and the Cause appointed to be heard on Tuesday be heard on the Thursday following.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Fasting and Humiliation, for the Martyrdom of King Charles the First;

Adjourn.

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

DIE Jovis, 31^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dr. Bennet versus Treppass & al.

The Answer of Michael Treppass, Richard Bocket, and Nicholas Wichell, to the Appeal of Thomas Bennet Doctor in Divinity, was brought in this Day.

L. Great Chamberlain takes the Oaths.

Robert Duke of Ancaster and Kesteven, Lord Great Chamberlain of England, 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.

Humberstone's Petition referred to Judges.

Upon reading the Petition of Mathew Humberstone, of Humberstone, in the County of Lincoln, Esquire; praying Leave to bring in a Bill, for vesting the Estate of Mathew Humberstone Esquire, deceased, in new Trustees, and for giving Powers to make Leases; and for enabling the Petitioner to make a Jointure upon his Marriage; and for other Purposes in the Petition mentioned:

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

Mackenzie & al. versus Mackillingins.

A Petition of Mr. Kenneth Mackenzie, Brother of George Mackenzie of Balmuckie, Roderick Mackenzie Younger of Reidcastle, Lewis Mackenzie his Brother, Roderick Mackenzie of Kilcovie, John Chisholme of Knockfinn, and Archibald his Brother, was presented to the House, and read; setting forth, "That the Petitioners lodged their Appeal, from several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, in Favour of Mr. Daniel and Mr. John Mackilligins, to which they put in an Answer, and immediately applied for a Day of Hearing, which is appointed for Monday next;" and praying, "in regard the Petitioner's Residence is One Hundred and Fifty Miles North of Edinburgh, and the Weather and Roads have been so bad, that it is impossible for them either to come in Time to instruct their Counsel, or get their material Papers transmitted, that the Hearing the said Cause may be put off for Ten Days, or such other Time as may be thought meet."

And thereupon, the Solicitors on both Sides and the Respondent Daniel attending, they were called in.

And an Affidavit of Colonel Alexander Urquhart, relating to the Allegations of the said Petition, was read.

And the Solicitors on both Sides, and the said Respondent, being heard relating thereunto:

And being withdrawn:

Petition rejected.

It is Ordered, That the said Petition be rejected.

Bennett's Bill.

The Earl of Yarmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the Estates of George Bennett Gentleman, and of Henry Bennett his only Son and Heir in the County of Devon, to be sold, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which were read Twice, and agreed to.

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

Thanks to Bp. Chichester, for his Sermon.

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

Dr. Bennett versus Treppass & al.

The House being moved, on the Behalf of Thomas Bennet Doctor in Divinity, Appellant in a Cause depending in this House, to which Michael Treppass, Richard Bocket, and Nicholas Wichell, are Respondents: "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 Wednesday the Twentieth Day of February next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Februarii jam proxim. sequent. hora undecima Auror. Dominis sic decernentibus.