January 1719, 21-30

DIE Mercurii, 21^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

E. Warwick takes his Seat.

This Day Edward Henry Earl of Warwick and Holland sat first in Parliament, upon the Death of his Father Edward Earl of Warwick and Holland; and 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.

Condition of the House and Rooms near it; Account of the Officers of the Works concerning.

The House being informed, "That the Officers of His Majesty's Works attended, (according to Order) to give their Lordships an Account of the Condition of the Roof of this House, and the Places adjacent:"

They were called in.

And Mr. Benson Junior acquainted the House, "That they had viewed the same, and put their Account thereof into Writing;" which he delivered in at the Bar.

And the same was brought to the Table, and read by the Clerk, as follows; (videlicet,)

The Leads and the Boarding of the Roof of the House of Lords are entirely decayed; but the Principals are very good.

There is some Danger, by reason that the Stone with which the whole House is built is of so soft a Nature, that it is every where very much decayed, and not fit to bear any Weight; but it may unquestionably be secured by Props during the present Sessions.

The adjacent Passages, particularly the Lord Marshal's Rooms, of which the Principals and Wall Plates are quite rotten, are extremely dangerous; but may be sufficiently secured by Props.

And the Roof of the Painted Chamber, which is in the most dangerous Condition, is now securing by Props, both in the Inside and Out.

A convenient Place may be prepared in Westm'r Hall, for the House to fit in; provided they remove the Seats and other Conveniences from the House of Lords in about Fourteen Days."

And said, "That, the Records which were over the Prince's Chamber being now removed, they were of Opinion there was no present Danger there; and that Props may be placed in Six or Eight Days to secure the House."

Then the Account delivered by them to the Lords Committees Yesterday was likewise read, as follows; (videlicet,)

The Floor over the Prince's Chamber is sunk near Two Inches; being only of common Fir, and by reason of the great Quantity of Records that lie over it.

They may very well be removed over the Black Rod; there being Room sufficient, and only the Charge of a new Floor. The Passage leading from the House of Lords to the Prince's Chamber is, for the present, secured by Props and Shores.

The Bishops Staircase, and the Windows of the Passage, and the Roof, are in a very ruinous Condition.

The Leads and the Tiling over the Lord Chancellor's Rooms are very bad.

The Front of the Lord Marshal's Room being of Lath and Plaister, the Timbers are decayed, and the Wall Plates entirely rotten. The Roof and Ceilings are likewise very bad.

The Slating over my Lord Privy Seal's Staircase is very defective.

In the Lobby leading to the House of Lords, the Timbers are rotten; the Lead being sunk and quite wore out, so that the Water does not go off.

Over the Door of the House of Lords, next to this Lobby, there is a great Crack from Top to Bottom in the main Wall.

The Sashes of the House of Lords are quite decayed; and the whole Leading and Boarding of the Roof are so extreme bad, that it is not possible to repair them.

The North Gable End lies quite open.

The Roof over the Lords Lobby and Robing Room, being decayed, must be taken down and made flat, by reason of the great Weight.

The Outside of the Staircase to the Prince's Chamber wants to be new finished; and a new Door to the Parliament Stairs.

The Stone Staircase, going up to the Leads of the House of Lords and Painted Chamber, is mighty bad; and the Window in that Passage should be new; and the Outside Wall is quite decayed.

The Leading and Boarding of the Roof of the Painted Chamber are entirely ruinous and past Repair; the Inside of the Parapets are worn away, and the Outside (fn. 1) hang over; and, being of a very soft Stone, they moulder away like a Bank of Sand.

In the East Gable End there are several Cracks, and the Whole is ruinous; and next to Cotton Library there is One great Crack, the main Wall being settled with the Library, which is now only supported by Props, both within and without, which must speedily be taken down; in which Case the Painted Chamber cannot stand.

The whole Walls are of the same decayed Stone; and the Iron Work of the Windows are past Repair."

His Majesty's Directions to Lord Chamberlain, about the necessary Repairs of the House.

The Lord Chamberlain acquainted the House, "That he had received His Majesty's Commands to direct the Officers of His Works forthwith to secure this House, and the Places adjacent, in the best Manner they could for the present, and to begin where it was most necessary."

Then the said Officers, being asked, acquainted the House, "That every Thing reported by them as ruinous or dangerous might be, for the present, secured by Props; and that the Painted Chamber appeared to be in the worst Condition: And that they did Yesterday acquaint the Committee, "That the Passage leading from the House of Commons to the Painted Chamber, by which the Commons usually come up to this House, is very dangerous; the Parapet upon the Court of Requests and the Wall thereof being rotten, and hanging over it, and the said Passage itself was otherwise in great Danger of falling; and that the same might be in some Measure secured, by taking down the Parapet over it, which might be done in Two Days:" But that they had not added this Account to that delivered in by them to the Committee in Writing; as apprehending the Order of the Committee, requiring them to view the House and Places adjacent, did not extend to that Passage."

They were directed to withdraw; and forthwith to add the State of the said Passage, as it appears to them, to their written Account as aforesaid, and deliver the same, signed, to the House.

Report from Commissioners for forfeited Estates, in England & Ireland, delivered.

The House being informed, "That Mr. Moore attended, from the Commissioners for Sale of forfeited Estates:"

He was called in; and delivered, at the Bar, "A Report of such of the Commissioners and Trustees as have been appointed to execute the several Trusts and Powers, in relation to England, Ireland, and elsewhere (except Scotland), contained in Two several Acts of Parliament; the One, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusants, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" the other, intituled, "An Act for vesting the forfeited Estates in Great Britain and Ireland in Trustees; to be sold, for the Use of the Public; and for giving Relief to lawful Creditors, by determining the Claims; and for the more effectual bringing into the respective Exchequers the Rents and Profits of the said Estates till sold."

Then he withdrew.

And the Title of the said Report was read.

Ordered, That the said Report do lie on the Table.

After hearing Counsel, upon the Petition and Appeal of Michael Webber Senior, of the City of Cork, in the Kingdom of Ireland; complaining of a Decree of the Court of Chancery in that Kingdom, made the Sixteenth Day of February 1716, in a Cause wherein Richard Farmer, a Minor, Son and Heir of Jasper Farmer, late of Ardevolane, in the County of Tipperary, Esquire, by his Guardians, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:" As also upon the Answer of Richard Farmer Esquire, by Samuel and Robert Farmer his Guardians, put in to the said Appeal; and due Consideration had of what was offered thereupon:

The Question was put, "That the said Decree be reversed?"

It was Resolved in the Negative.

Webber versus Farmer: Judgement affirmed.

Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for applying certain Overplus Monies and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future;" to which they desire the Concurrence of this House.

Officers of Works to attend.

Ordered, That the Officers of His Majesty's Works do attend this House, with their further Account, To-morrow.

Adjourn.

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

DIE Jovis, 22^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Barwell, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Robert Barwell Esquire and Joanna his Wife, on the Behalf of themselves and Robert their only Child, an Infant, and of Daniel Alford of London, Merchant, and Samuel Rush Esquire, Trustees in the Settlement made on the Marriage of the said Robert and Joanna Barwell, 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.

Lottery Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for applying certain Overplus-monies and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future."

Barwell's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Robert Barwell Esquire; and for purchasing other Lands, to be settled to the same Uses as the Estate to be sold is settled."

Barry versus Dean Jephson.

Upon reading the Petition and Appeal of Redmond Barry Esquire; complaining of a Decree of the Court of Chancery in Ireland, made the Seven and Twentieth of May 1715, in a Cause wherein the Reverend William Jephson, Dean of Lismore in the said Kingdom of Ireland, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dean W'm Jephson 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 Six and Twentieth Day of February next.

Beconsfield Highways, Bill.

A Message from the House of Commons, by the Lord Shelborne and others:

With a Bill, intituled, "An Act for repairing the Road from Bcconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir J. Tyrwhitt, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sir John Tyrwhitt Baronet, Sir Cane James Baronet and Dame Anne his Wife, and John Conyers Esquire, was reserred; 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.

Mr. Annesley, Recognizance for Sir W. Courtenay.

The House being moved, "That Francis Annesley, of The Inner Temple, London, Esquire, may be permitted to enter into Recognizance for Sir William Courtenay Baronet, on account of his Appeal depending in this House, to which William Langford Senior and William Langford Junior, Esquires, are Respondents:"

It is Ordered, That the said Francis Annesley Esquire may enter into a Recognizance for the said Appellant, as desired.

Officers of Works, Account of the Condition of the House and Places adjacent.

The House being informed, "That the Officers of His Majesty's Works attended:"

They were called in; and, according to Order, delivered, at the Bar, "An Account, in Writing, of the Condition of the House, and Places adjacent; particularly of the Passage leading from the House of Commous to the Painted Chamber, by which the Commous usually come to this House."

Which Account being signed, the same was brought to the Table, and read by the Clerk, as follows:

The Leads and the Boarding of the Roof of the House of Lords are intirely decayed; but the Principals are very found.

There is some Danger, by reason that the Stone with which the whole House is built is of so soft a Nature, that it is every where very much decayed, and not fit to bear any Weight; but it may unquestionably be secured, by Props, during the present Sessions.

The adjacent Passages, particularly the Lord Marshal's Rooms, of which the Principals and Wall Plates are quite rotten, are extremely dangerous; but may be sufficiently secured by Props.

And the Roof of the Painted Chamber, which is in the most dangerous Condition, is now securing by Props, both in the Inside and Out.

A convenient Place may be prepared in Westminster Hall for the House to sit in; provided they remove the Seats and other Conveniencies from the House of Lords in about Fourteen Days.

The Passage leading from the House of Commons to the Painted Chamber is extreme dangerous, by reason that the Parapet of the Court of Requests (fn. 2) hang over; and likewise by reason of a Brick-building, contiguous to the Court of Requests and Passage, that is cracked in several Places from Top to Bottom, leaning very much to One Side, which was secured Yesterday as well as could be with Props.

The Rafters of the Roof of the Court of Requests are in several Places free of the Wall Plate, and the Wall leaning Outwards. The Gable-end next to the House of Lords is much decayed, through the Badness of the Stone, and often falls down in great Fleaks; and the Leading and Boarding of the Roof are past Repair.

The Rooms at the North-end of the Court of Requests are dangerous; the Leading, Boarding, and Timber, being quite decayed.

"Co. Campbell.
Benj. Benson.
Rob't Barker."

Then the Account delivered in by them to the Lords Committees on Monday last, signed Co. Campbell, Benj. Benson, and Rob't Barker, was likewise read.

And, being asked, they acquainted the House, "That they could make this House and the Places adjacent secure, so as their Lordships may safely fit here, by the End of next Week; but desired some further Time, to secure the Passage leading from the House of Commons to the Painted Chamber."

They withdrew.

And, after Debate, they were called in again.

And asked, "Whether they could proceed in securing the House, so as the Lords might fit therein, while it was doing, without Interruption ?"

And answered, "That the Roof of the House, being a Compass Roof, must be strengthened by Plates and Girders, which would require Two or Three Days to fix; and that the Seats of the House must be removed, and some of the Plaistering necessarily come down."

They were directed to withdraw.

And, after some Time, were called in again.

And the Lord Chancellor, by Direction of the House, acquainted them, "That their Lordships required them to go immediately about securing the Passages to this House, and doing what could be done first, without coming into the House; and at the same Time to be preparing Materials for securing the House itself as soon as might be; and to acquaint the House when such Materials are ready."

Governors of Smith's Charity, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Governors of the Schools founded by Erasmus Smith Esquire; 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.

Vise. M^t Cassell versus Hayes, to amend Appeal.

Upon reading the Petition of James Lord Viscount Mt Cassell; praying, "That the Petitioner may be at Liberty to amend his Petition, presented to this House the Seventeenth of December last, by striking out the Christian Name of Hannah, and making the same Elizabeth; and that the said Elizabeth Hayes may be ordered to put in her Answer to the Petitioner's Appeal by such further Day as this House shall please to appoint:"

It is Ordered, That the Petitioner be at Liberty to amend his said Petition, as desired; and that the said Elizabeth Hayes be, and is hereby, required to put in her Answer to the said Appeal on or before Thursday the Six and Twentieth Day of February next.

Walker & al. Leave for a Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Francis Walker, Humphry Sandford and Rebecca his Wife, Mary Walker, Folliott. Powell, and others, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Sir J. Tyrwhitt's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting an Estate, late of Francis Phelips Esquire, in Barking, in the County of Essex, in Trustees, to be sold, for the Purposes therein mentioned."

Adjourn.

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

DIE Veneris, 23^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Annesley versus Sherlock, Report, and Orders upon it.

The Earl of Clarendon reported from the Lords Committees appointed to inquire into the Reason of the Delay, in not obeying the Orders of this House, relating to the Appeal of Maurice Annesley Esquire, and how the same may more properly be enforced: "That the Committee have inquired concerning the Matter to them referred; and also considered the Account transmitted to this House by the Barons of the Court of Exchequer in Ireland, in Pursuance of their Lordships former Directions, referred likewise to the Committee; whereby it appears, That an Injunction, which issued out of the said Court, under the Seal thereof, and directed to Alexander Borrows Esquire, High Sheriff of the County of Kildare, in the Kingdom of Ireland, requiring him to put the said Maurice Annesley into the quiet and peaceable Possession of his Estate, as required by Order of this House of the Sixth of February last, was delivered to him the said Borrows the Fifteenth of March following; and that several Orders were made by the said Court of Exchequer, for fining the said Borrows, unless he returned the said Injunction; which he making Default to do, an Attachment, directed to the Pursuivant attending the said Court, was, by their Order, dated the Thirtieth of June last, awarded against the said Sheriff, unless he returned the said Injunction.

"That the Committee have examined one Joseph Fitz-Simons, upon Oath, in relation to the Matters aforementioned; who (amongst other Things) declared to their Lordships, "That the said Pursuivant made a Return of Non est inventus to the said Attachment on or about the Sixteenth of November last, he the said Fitz-Simons being frequently in Court, and was so at the Time the said Return was made; and that some short Time before he saw the said Sheriff and Pursuivant in Company together." And he further acquainted the Committee, "That Hester Sherlock, the Respondent to the Appeal of the said Maurice Annesley, is still in Possession of his Estate; harrasses the Tenants, ruins the Improvements made by the Appellant, and receives the Rents of the said Estate." The Committee, therefore, upon the whole Matter, are of Opinion, That the Barons of the said Court of Exchequer be directed to proceed, by the most speedy and effectual Methods, to cause Possession of the Estate of the said Maurice Annesley, as required by Order of this House of the Sixth of February aforementioned, to be restored to him, without any further Application from the said Maurice Annesley, or any Person on his Behalf: And are likewise of Opinion, That the said Alexander Borrows be taken into Custody, for having disobeyed the Orders of the said Barons of the said Court of Exchequer, made by them, for restoring Possession to the said Maurice Annesley, in Pursuance of the said former Order of this House."

Which Report was read, by the Clerk, intire.

And the First Resolution of the Committee being read a Second Time.

And Debate thereupon;

The Question was put, "Whether these Words ["without any further Application from the said Maurice Annesley, or any Person on his Behalf"] shall stand Part of this Resolution?"

It was Resolved in the Negative.

Then the other Resolution being likewise read a Second Time, and agreed to:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the Court of Exchequer in Ireland be, and are hereby, directed to proceed, by the most speedy and effectual Methods, to cause Possession of the Estate of the said Maurice Annesley Esquire, as required by Order of this House of the Sixth of February last, to be restored to him.

Ordered also, That the Lord Chancellor do transmit the said Order of this House to the Barons of the said Court of Exchequer; commanding them, at the same Time, to return as soon as they can an Account of what shall be done therein.

And it being moved, "That the Order of this House, of the 25th of March 1699, for an Address to His Majesty, to cause the Lords Justices in Ireland to send over, in Custody, the Bishop of Derry and others, might be read:"

The same was read accordingly.

Whereupon it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "That He would be pleased to give Orders to the Lords Justices of Ireland, to send over, in Custody, Alexander Borrows Esquire, late High Sheriff of the County of Kildare, in the said Kingdom, for having disobeyed the Orders made by the Barons of the Court of Exchequer in Ireland, for restoring Maurice Annesley Esquire to the Possession of the Lands whereof he was dispossessed pending his Appeal to this House, in Pursuance of former Orders."

The same Lords Committees were appointed to prepare an Address, pursuant thereunto.

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

The House being also moved, "That the Proceedings of the Ninth Instant, being the Day on which the said Cause was appointed to be heard, might be read."

The same were read accordingly.

And Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Proceedings in this Cause which have been in the House of Lords in Ireland were coram non Judice, and null and void.

And it being likewise moved, "That the Order of the Six and Twentieth of November last, and the Petition of the Appellant Maurice Annesley; complaining, among other Things, That his Deeds, Evidences, and Writings, were delivered to the Respondent, or her Agent; and praying a Renewal of their Lordships Orders to the Clerks of the House of Lords in Ireland, for the Re-delivery of the same; might be read."

The same were read accordingly.

Whereupon, it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent Hester Sherlock and Mr. John Draycott her Solicitor do forthwith re-deliver, or procure to be re-delivered, to the Appellant Maurice Annesley Esquire, or to such Person as he shall appoint to receive the same, all such Deeds, Evidences, and Writings, as the said Appellant or his Agents, or any of them, produced and left in the House of Lords in Ireland, with any of the Clerks or Officers of that House.

Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That the Merits of the Decree pronounced between the now Appellant and Respondent, by the Court of Exchequer in Ireland, did not, nor could, come in Question on this Appeal.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Barons of the Court of Exchequer in Ireland do cause the Respondent Hester Sherlock to accompt before them, upon Oath, for the Rents and Profits of the Estate in Question, which she has made or received since her gaining the Possession thereof by the Orders of the House of Lords in Ireland, and to answer and pay the same to the Appellant Maurice Annesley Esquire; but without Prejudice to the Right, in case of an Appeal brought by either Party from the Decree of the Court of Exchequer in Ireland.

Ordered, That the Lord Chancellor do likewise transmit the said Order, together with the former Order of this House made this Day, to the Barons of the said Court of Exchequer; commanding them, at the same Time, to return as soon as they can, an Account of what shall be done therein.

Blackwood versus Hamilton.

Whereas this Day was appointed, for hearing the Cause wherein James Blackwood, of London, Merchant, is Appellant, and John Hamilton Respondent:

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

Smith's Charity, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward King of England the Sixth, of Christ, Bridewell, and St. Thomas the Apostle, and the Governors of the Schools founded by Erasmus Smith Esquire."

Beconsfield Highways, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon."

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

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

Sir W. Courtenay versus Langford.

Whereas, by Order of this House of the Seventeenth of December last, on reading the Petition and Appeal of Sir William Courtenay Baronet, the Respondents William Langford Senior and William Langford Junior, Esquires, were directed to put in their Answers thereunto, on or before the One and Twentieth Instant; and they having neglected so to do, notwithstanding they were duly served for that Purpose:

The House was this Day moved, "That a peremptory Day may be appointed for the said Respondents to put in their Answers to the said Appeal:"

It is Ordered, That the said Respondents be, and are hereby, required peremptorily to put in their Answer or respective Answers to the said Appeal, on or before Monday the Second Day of February next.

Sir J. Tyrwnitt's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting an Estate, late of Francis Phelips Esquire, in Barking, in the County of Essex, in Trustees, to be sold, for the Purposes therein mentioned."

Barwell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Robert Barwell Esquire; and for purchasing other Lands, to be settled to the same Uses as the Estate to be sold is settled."

Ordered, That the Consideration of the Two last mentioned Bills be referred to the Lords Committees beforenamed.

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

Adjourn.

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

DIE Lunæ, 26^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Halifax House, &c. for Sale of, Bill.

The Lord Boyle reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Fee and Inheritance of the Capital Messuage called Halifax House, in St. James's Square, in the Parish of St. James's, Westm'r, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years devised by William late Lord Marquis of Halifax to his Executors, in Trust, for the better Performance of his Will," was committed: "That they had considered of the said Bill; and found the Allegations thereof to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Lottery Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for applying certain Overplus-monies and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future."

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

Address for sending over Borrows, Committee revived.

Ordered, That the Committee appointed on Friday last, to prepare an Address, to be presented to His Majesty, "That He would be pleased to give Orders to send over in Custody Alexander Borrows Esquire," be revived, and sit de Die in Diem till the said Address is perfected.

Blackwood versus Hamilton.

After hearing Counsel upon the Petition and Appeal of James Blackwood, of London, Merchant; complaining of several Interlocutors of the Lords of Session in Scotland, of the Twenty-sixth of June, and Seventeenth of July, 1713; and of so much of the Interlocutor of the Twelfth of February 1713, as takes away his Accumulations, Penalty, and Expences, made on the Behalf of John Hamilton of Grange Esquire; and praying, "That the said several Interlocutors may be reversed:" As also upon the Answer of the said John Hamilton put in to the said Appeal; and due Consideration of what was offered thereupon:

Interlocutors reversed, in Part.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said several Interlocutors of the Twenty-sixth of June and Seventeenth of July 1713, and so much of the said Interlocutor of the Twelfth of February 1713, as takes away the Accumulations, Penalty, and Expences, complained of in the said Appeal, be, and are hereby, reversed; and as to the other Part of the last mentioned Interlocutor, the same is hereby affirmed.

Smith's Charity Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for consirming an Agreement between the Mayor and Commonalty and Citizens of the City of London, Governors of the Possessions, Revenues, and Goods, of the Hospitals of Edward King of England the Sixth, of Christ, Bridewell, and Saint Thomas the Apostle, and the Governors of the Schools founded by Erasmus Smith Esquire."

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

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

Walker & al. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Thomas Folliott Walker and Anne Walker alias Baughs his Wife, Henry Baughs and Elizabeth Baughs, Minors, to sell and convey unto the Right Honourable William Conolly Esquire and his Heirs their respective Shares of several Manors, Lands, Tenements, and Hereditaments, in the Kingdom of Ireland, devised to them by the last Will of Thomas late Lord Folliott, deceased; and for other Purposes therein mentioned."

Pulteney's Bill.

The Earl of Clarendon reported, from the Lords Committees to whom the Bill, intituled, "An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectisy some Mistakesin Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire," was committed: "That they had considered of the said Bill, and found the Allegations thereof to be true; and had heard Mr. Hayes, by his Counsel, for a Saving Clause to be added thereto, on his Petition to them referred; as also Counsel for the Bill; and are of Opinion, That the general Saving contained therein is sufficient; 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.

Long's Bill.

After reading, and considering, the Report of the Judges to whom the Petition of Sarah Long, Widow, Relict, and Executrix, of Nathaniel Long, late of London, Merchant, deceased, on Behalf of herself, and of Sarah, John, Anne, and Lucy Long, her Children; 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.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts; and for applying the Residue according to the Directions of his Will."

Adjourn.

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

DIE Mercurii, 28^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Message from H. C. return the D. of Newcatle and L. Harley's Bill.

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

To return the Bill, intituled, "An Act to render more effectual the Agreements that have been made between Thomas Holles Duke of Newcastle and Henry Pelham Esquire, Edward Lord Harley and the Lady Henrietta his Wife, William Vane and Gilbert Vane Esquires, Sons of Christopher Lord Bernard, or any of them, in relation to the Will and Estate of John late Duke of Newcastle; and for settling the same in such Manner as may be agreeable to the Intent of the said Agreements; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments; to which they desire their Lordships Concurrence.

The House took into Consideration the said Amendments.

Which were severally read by the Clerk, and agreed to.

And a Message was sent to the House of Commons, by Mr. Browning and Mr. Holsord, to acquaint them therewith.

Message from thence, to return Jett's Bill.

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

To return the Bill, intituled, "An Act for vesting certain Lands and Tenements, in the County of Somerset, the Estate of Thomas Jett Esquire, in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Smith versus Phelipps, in Error.

Upon reading the Petition of Edward Phclipps Esquire, Defendant in a Writ of Error depending in this House, wherein Thomas Smith is Plaintiff; setting forth, "That the Petitioner having obtained a Judgement, after Verdict in the Court of King's Bench, against the said Smith, in an Action of Debt, which, in Michaelmas Term last, on a Writ of Error brought by the said Smith in the Exchequer Chamber, was unanimously affirmed; that the said Smith having brought a Writ of Error, returnable in Parliament, in which the Plaintiss in Error hath named himself by a different Addition from what he is named in the said Action, with an Intent to delay the Petitioner from the Recovery of his just Debt; that the Plaintiff hath nevertheless assigned his Errors, and the Petitioner hath joined therein;" and praying, "That a Day may be appointed, for taking the Premises into Consideration, and arguing the said Errors, as to this House shall seem meet:"

It is Ordered, That the Plaintiff in Error may be served with a Copy of the said Petition and this Order; and that this House will hear Counsel thereupon, at the Bar, on Thursday the Fifth Day of February next, at Eleven a Clock.

Bermingham versus L. Shelburne.

The House being moved, "That a Day may be appointed, for hearing the Cause depending in this House, wherein Edward Bermingham and Abigal his Wife and others, Representatives of the several Offi cers and Soldiers of Three Regiments, commanded by Colonel Henry Pritty, Colonel Thomas Sadler, and Colonel John Cole, in the English Army, for reducing the Kingdom of Ireland, in the Rebellion of the Year 1641, are Appellants, and Henry Lord Baron of Shelburne Respondent:"

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

Address for Mr. Borrows to be sent over in Custoly, for disobeying the Orders of this House in Ireland, in the Cause Annesley versus Sherlock.

The Earl of Clarendon reported from the Lords Committees appointed, on Friday last, to prepare an Address to be presented to His Majesty, "That His Majesty would be pleased to give Orders to send over in Custody Alexander Borrows Esquire, late High Sheriff of the County of Kildare, in the Kingdom of Ireland, for having disobeyed the Orders made by the Barons of the Court of Exchequer in that Kingdom, for restoring Maurice Annesley Esquire to the Possession of the Lands whereof he was dispossessed pending his Appeal to this House, in Pursuance of former Orders: That the Committee had prepared an Address accordingly; which he was ready to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Then his Lordship reported the said Address, as follows; (videlicet,)

We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly acquaint Your Majesty, That, on the Eighth of June 1717, we received an Appeal of Maurice Annesley Esquire; complaining as well of the Want of Jurisdiction in the House of Lords in Ireland to hear Appeals, as of his being aggrieved by a Decree made by their Lordships, upon an Appeal of Hester Sherlock to that House, from a Decree of the Court of Exchequer in that Kingdom: And being informed, that, since the lodging the said Appeal in this House, the said Maurice Annesley has been put out of Possession of his Estate, we thought it proper to direct the Barons of the Court of Exchequer in Ireland to cause Possession of his Estate to be restored to him: In Obedience to which, the said Barons issued their Injunction to Alexander Borrows Esquire, High Sheriff of the County of Kildare, in the said Kingdom, to put the said Maurice Annesley again into Possession of the Lands of which he was dispossessed pending his said Appeal; which the said Sheriff having refused to do, we conceive the same to be a great Contempt of the Orders of this House, and for which he ought to be taken into Custody: And in regard this Disobedience to the Injunction of the said Barons, in Pursuance of the Orders of this House, has been committed in another Kingdom, though dependent on this, and consequently subject to the Judgement of this House in all Cases brought by Appeal hither; we conceive it the most respectful Way, to address Your Majesty, That You would be pleased to give effectual Order, that the said Alexander Borrows be forthwith brought over, in Custody, to appear at the Bar of this House, in order to answer for his said Disobedience."

Which Address was read by the Clerk entire, and afterwards Paragraph by Paragraph; and agreed to by the House.

Ordered, That the said Address be presented to His Majesty by the Lord Chancellor.

Message froth H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlett and others:

With a Bill, intituled, "An Act for Relief of Sir Nicholas Tempest Baronet, touching an Estate demised to him by William late Lord Widdrington and Lady Jane his late Wise, many Years before the Attainder of the said late Lord Widdrington;" to which they desire the Concurrence of this House.

Officers of Works examined, about the Roof of the House.

The House being moved, "That the Officers of His Majesty's Works might be called in, to give an Account of the Condition of the Roof of the House:"

They were accordingly called in.

And, at the Bar, acquainted their Lordships, "That, since their last Account, they had found that all the Rasters were rotten, for Two Foot, more or less, particularly over the Bishops Side; and the Wall Plates entirely gone."

And produced some of the Timber thereof.

And said, "That they had, according to the last Order, signified to them by the Lord Chancellor, prepared Materials to secure the Roof for the present, which were now ready; and that, if they could work till One a Clock in the House, they could secure the same by Props, for the present, in about Three Days."

They were directed to withdraw.

Ordered, That the Surveyor General of His Majesty's Works do immediately proceed to cause the Roof of this House to be secured from any present Danger of falling; and that he take Care the same be done by Monday next.

Draycott versus Talbot:

After hearing Counsel, upon the Petition and Appeal of Edward Draycott Gentleman; complaining of a Decree of Dismission made by the Court of Exchequer in Ireland, the Fourth of Dec'r 1713, in a Cause wherein the Appellant was Plaintiff, and Draycot Talbot, by his Guardian John Graham Alderman, John Wogan Esquire, Catherine Draycott Widow, John Shore and Mary his Wise, and Jane Talbot Spinster, were Defendants; and praying, "That the same may be reversed:" As also upon the several Answers of Draycot Talbot by his Guardian, Benjamin Chetwood Esquire, John Wogan, Catherine Draycot Widow, Mary Shore Widow, Jane Talbot Spinster, William Graham a Minor by his Guardian Thomas Taylor Esquire, and of Charity Graham Widow, Executrix of the last Will and Testament of John Graham, deceased, put in thereunto; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree of Dismission therein complained of be, and is hereby, affirmed.

Halifax House, &c. for Sale of, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest the Fec and Inheritance of the Capital Messuage called Halifax House, in St. James's Square, in the Parish of St. James's, Westminster, and the Castle and Manor of Fotheringhay, in the County of Northampton, in Trustees, to be sold, together with a Term of Five Hundred Years, devised by William late Marquis of Halifax to his Executors, in Trust, for the better Performance of his Will."

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. Browning and Mr. Holford:

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

Lottery Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for applying certain Overplus-monies and further Sums, to be raised as well by Way of a Lottery as by Loans, towards paying off and canceling Exchequer Bills; and for lessening the present great Charge in relation to those Bills; and for circulating and exchanging for ready Money the Residue of the same Bills for the future."

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

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

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

Oxon Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Roads from the Top of Stoken Church Hill to Enslow Bridge, and the Road leading from Wheatly Bridge, through the City of Oxon, by Begbrooke, to New Woodstock, in the County of Oxford (except the Mill-way on each Side the said City); and to disable all Commissioners or Trustees, appointed for repairing of any Highways or Roads, to have any Place of Profit arising out of the Toll for repairing such Highways or Roads."

Ordered, That the Consideration of the said Bill be committed to the same Committee to whom the Earl of Westmorland's Bill stands referred.

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

Long's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Nathaniel Long, late of London, Merchant, deceased, for Payment of his Debts; and for applying the Residue according to the Directions of his Will."

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

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

Davison's Bill.

The Earl of Clarendon reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in John Porrett Gentleman and his Heirs Part of the Estate of Thomas Davison Esquire, at Stranton, Seaton Carew, and Thorpe Thewles, in the County of Durham, freed from the Uses and Trusts of the said Thomas Davison's Marriage Settlement; and to settle other Lands, of better Value, to the same Uses," was referred: "That they had considered the said Bill; and found the Allegations thereof to be true; and that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made One Amendment thereunto."

Which was read Twice, and agreed to.

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

Beconsfield Highways, Bill.

The Earl of Clarendon likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from Beconsfield, in the County of Bucks, to Stoken Church, in the County of Oxon," was committed: "That they had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Pulteney's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Pulteney Esquire, and the Persons in Remainder after him, to make Leases of the Houses and Ground therein mentioned; and to rectify some Mistakes in Two Leases, from King Charles the Second to Sir William Pulteney, and from King William the Third to John Pulteney Esquire."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Browning and Mr. Holford:

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

Oxwick versus Mason.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Oxwick Gentleman and Elizabeth Simpson Widow are Appellants, and William Mason Clerk, Rector of Yate, in the County of Gloucester, Respondent:"

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

Atkins versus E. I. Comp. Appeal withdrawn.

A Petition of Thomas Atkyns, of London, Merchant, was presented to the House, and read; setting forth, "That the Petitioner some Time since brought his Appeal against the United Company of Merchants of England trading to The East Indies; and praying, That the said Appeal may be withdrawn."

And thereupon the Parties on both Sides were called in.

And Mr. Woodford, Agent for the Respondents, declared, at the Bar, on the Behalf of the Company, "That they consented to the Prayer of the said Petition."

And withdrew.

Ordered, That the said Petition and Appeal be withdrawn, as desired.

Adjourn.

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

DIE Veneris, 30^o Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order to proceed to the Abbey Church, for the Observation of this Day; being appointed 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 & in diem Lunæ, secundum diem Februarii jam prox. futur. hora undecima Aurora, Dominis sic decernentibus.

Die Jovis, 2^o Junii, 1720, hitherto examined by us,

Clarendon.
Yarmouth.
Say & Seale.
Hatton.
Joh. Peterbor.
Hunsdon.

Footnotes