House of Lords Journal Volume 21
December 1719, 20-30

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History of Parliament Trust

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1767-1830

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185-191

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'House of Lords Journal Volume 21: December 1719, 20-30', Journal of the House of Lords: volume 21: 1718-1721 (1767-1830), pp. 185-191. URL: http://british-history.ac.uk/report.aspx?compid=113428 Date accessed: 23 November 2014.


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December 1719, 20-30

DIE Lunæ, 21o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Ebor.
Epus. Sarum.
Epus. Glocestr.
Epus. Asaphens.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Greenwich, Senescallus.
Dux Bolton.
Dux Bucks & Nor.
Dux Montrose.
Dux Wharton.
Dux Manchester.
Comes Dorset & Middl'x.
Comes Northampton.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Rochester.
Comes Bradford.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Townshend.
Viscount Tadcaster.
Viscount St. John.
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lucas.
Ds. Haversham.
Ds. Rosse.
Ds. Montjoy.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas.

PRAYERS.

E. of Hadington's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Thomas Earl of Hadinton in Trustees, to be sold; and, with the Monies arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses."

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

Ld. Steward.
D. Bolton.
D. Bucks & Nor.
D. Montrose.
E. Dorset.
E. Berkshire.
E. Clarendon.
E. Yarmouth.
E. Rochester.
E. Rothes.
E. Buchan.
E. Orkney.
E. Bute.
E. Deloraine.
E. Strafford.
E. Uxbridge.
E. Aylesford.
E. Sussex.
E. Coningesby.
V. Townshend.
V. Tadcaster.
V. St. John.
L. Abp. York.
L. Bp. Sarum.
L. Bp. Glocester.
L. Bp. St. Asaph.
L. Bp. Exeter.
L. Bp. Litch. & Cov.
L. Bp. Carlisle.
L. Bp. Bristol.
L. Delawar.
L. Howard Eff.
L. North & Grey.
L. Hunsdon.
L. Compton.
L. Teynham.
L. Brooke.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Lucas.
L. Haversham.
L. Rosse.
L. Montjoy.
L. Foley.
L. Carleton.
L. Romney.
L. Newburgh.
L. Pawlett Bas.

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

Bosvile, for Mrs. Pershall's Petition, against Gratwood Heath Bill.

Upon reading the Petition of Henry Bosvile, Agent for and on the Behalf of Anne Pershall of Sugnall in the County of Stafford Spinster, and Arabella Pershall an Infant, to which said Infant Anne Pershall is Guardian; praying, for and on the Behalf of the said Anne Pershall the Guardian and the said Infant, "That the Petitioner may have a Copy of the Bill, intituled, "An Act for enclosing the Heath, or Common, commonly called Gratwood Heath, in the Parish of Eccleshall, in the County of Stafford;" and that they may be at Liberty to be heard, by their Counsel, against the said Bill, before the passing thereof; they never having assented, but always opposed the Terms of Enclosure, as the Petitioner is informed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Bosvile may have a Copy of the said Bill; and that the said Anne Pershall and Arabella Pershall shall be at Liberty to be heard, by their Counsel, as desired, if they think fit, on Thursday the Fourteenth Day of January next: And it is further Ordered, That any other Persons concerned for the said Bill may be heard, by their Counsel, for the said Bill, at the same Time, if they think fit.

Duke of Wharton introduced.

This Day Philip Marquis of Wharton, being, by Letters Patent, dat. 28o Die Januarii, Anno Quarto Georgii Regis, created Duke of Wharton, was, in his Robes, introduced, between the Duke of Kingston Lord President and the Duke of Bolton (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, the Earl of Berkshire Deputy Earl Marshal of England, and the Earl of Yarmouth (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.

His Grace presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Grace's Writ of Summons was also read, as follows:

His Writ of Summons.

"Georgius, Dei Gratia, Magnæ Britànn. Franc. et Hib'niæ Rex, Fidei Defensor, &c. Charissimo Consanguineo Nostro Philippo Duci de Wharton, Salutem. Cum Parliamentum Nostrum, pro arduis et urgentibus Negotiis, Nos, Statum et Defensionem Regni Nostri Magn. Britanniæ et Ecclefiæ concernentibus, apud Civitatem Nostram Westm. nunc congregat. existit; vobis, sub Fide et Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, et Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc sicut Nos et Honorem Nostrum, ac Salvationem et Defensionem Regni et Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Vicesimo Primo Die Decembris, Anno Regni Nostri Sexto.

"Wrighte."

Then his Grace 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; and was afterwards placed on the upper End of the Earls Bench, next below the Duke of Portland.

Mutiny Bill.

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

With a Bill, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty."

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."

Commissoners forfeited Estates versus Craigingelt.

Upon reading the Petition and Appeal of Richard Grantham Esquire, Arthur Ingram Esquire, George Gregory Esquire, Sir Richard Steele Knight, Sir Henry Hoghton Baronet, Patrick Haldane Esquire, Sir Thomas Hales Baronet, Robert Munro Esquire, Henry Cuningham Esquire, Dennis Bond Esquire, John Birch Serjeant at Law, Sir John Eylcs Baronet, and Charles Long Esquire, Commissioners and Trustees nominated and appointed in and by Three several Acts of Parliament; One, made in the First Year of His present Majesty's Reign, 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;" another, made in the Fourth Year of His said Majesty's Reign, 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;" and another, made in the Fifth Year of His said Majesty's Reign, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses, in the Room of George Treby Esquire, who has desired to be discharged from the said Trusts;" complaining of Two Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Twelsth and Fifteenth of September last, on the Behalf of Charles Craiging lt of Gogar; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles Craigingelt 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service, in order thereunto.

Commissioners forfeited Estates versus Maule.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the One and Twentieth of August last, on the Behalf of Mr. Harie Maule of Kellie; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Harie Maule 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Forbes.

Also, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of Two Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Fourth and Eighth Days of September last, on the Behalf of Mr. John Forbes Advocate; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Forbes may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writ ing, on or before Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Sir James Mackenzie.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Twentieth of August last, on the Behalf of Sir James Mackenzie of Royston, was presented to the House, and read; praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir James 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service, in order thereunto.

Commissioners forfeited Estates versus Stewart.

Likewise, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Tenth of September last, on the Behalf of John Stewart of Grantully; and praying, "That the same may be reversed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Stewart 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Stewart.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Sixteenth of September last, on the Behalf of John Stewart of Grantully; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Stewart 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Stewart.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the One and Thirtieth of October last, on the Behalf of John Stewart of Grantully; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Stewart 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus McDonald.

Also, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of several Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the One and Twentieth of August the Second of September, and Eight and Twentieth of October last, on the Behalf of Donald Mac Donald Son to the late Sir Donald Mac Donald and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Donald Mac Donald 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeitted Estates versus Mackenzies.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, was presented to the House, and read; complaining of several Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Third of September and Eight and Twentieth and Nine and Twentieth of October last, on the Behalf of Kenneth Mackenzie of Assint, and Colonel Alexander Mackenzie of Conans Bay his Curator; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Kenneth Mackenzie and Alexander Mackenzie may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Eighteenth Day of January next; and that Service of this Order on the Procurators of the Respondents in the said Court be deemed good Service.

Commissioners forfeited Estates versus Preston.

Also, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree; of the Court of Session in Scotland, of the Seventeenth of September last, on the Behalf of John Preston only Son of the late Sir John Preston Baronet deceased; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Preston 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Gordon.

Also, a Petition and Appeal of the beforementioned Commissioners and Trustees, was presented to the House, and read; complaining of Two Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Eight and Twentieth of August and Second of September last, on the Behalf of Robert Gordon Son of William late Viscount of Kenmuir attainted; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Gor don 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Donald Mackenzie.

Also, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Third of September last, on the Behalf of Donald Mackenzie late of Kilkowie; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Donald 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 Monday the Eighteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service.

Commissioners forfeited Estates versus Colin Mackenzie.

And likewise, a Petition and Appeal of the same Commissioners and Trustees, was presented to the House, and read; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Fourteenth of August last, on the Behalf of Mr. Colin Mackenzie Advocate; and praying, "That the same may be reversed:"

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Decembris, hora undecima Auror. Dominis sic decernentibus.

DIE Martis, 22o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. London.
Epus. Sarum.
Epus. Asaphens.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Bolton.
Dux Bucks.
Dux Montroses.
Dux Wharton.
Dux Manchester.
March. Annandale.
Comes Derby.
Comes Northampton.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Coventry.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Orkney.
Comes Bute.
Comes Deloraine.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Tadcaster.
Ds. Delawar.
Ds. North & Grey.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lucas.
Ds. Haversham.
Ds. Rosse.
Ds. Harcourt.
Ds. Montjoy.
Ds. Foley.
Ds. Carleton.
Ds. Romney.

PRAYERS.

Land Tax Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty."

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. Hiccocks and Mr. Holford:

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

Boswell's Petition against the Trustees for Havering and Dagenham Breach, referred to a Committee.

A Petition of William Boswell, was presented to the House, and read; complaining of his being aggrieved by the Trustees appointed by an Act of Parliament passed in the Twelsth Year of the Reign of Her late Majesty, for stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex, in relation to a Contract made by the Petitioner with the said Trustees; and praying, "That this House will take the Petitioner's hard Case into Consideration, and give him such Relief in the Premises as shall seem meet."

The Lords following were appointed a Committee, to consider the Matters of the said Petition; whose Lordships have Power to send for Persons, Papers and Records; and report their Opinion thereupon to the House:

Ld President.
L. Privy Seal.
L. Steward.
D. Bolton.
D. Bucks.
D. Montrose.
D. Wharton.
D. Manchester.
M. Annandale.
Earl of Derby.
E. Northampton.
E. Berks.
E. Sunderland.
E. Clarendon.
E. Yarmouth.
E. Coventry.
E. Sutherland.
E. Buchan.
E. Hadinton.
E. Orkney.
E. Bute.
E. Deloraine.
E. Coningesby.
V. Say & Seal.
V. Tadcaster.
L. B. London.
L. B. Sarum.
L. B. St. Asaph.
L. B. Exeter.
L. B. Carlisle.
L. B. Peterborough.
L. B. Bristol.
L. Delawar.
L. North & Grey.
L. Compton.
L. Maynard.
L. Bruce.
L. Cornwallis.
L. Lucas.
L. Haversham.
L. Rosse.
L. Harcourt.
L. Montjoy.
L. Foley.
L. Carleton.
L. Romney.

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

Dagenham Breach, Accompts and Contract, referred to Judges.

Ordered, That the several Accompts of the Treasurer to the Trustees for Dagenham Breach, and the Contract relating thereto, which have been laid before the House, be, and are hereby, referred to the Lords Committees aforenamed.

Bermingham versus Ld. Shelburn.

Upon reading the Petition of Edward Bermingham and Abigal his Wife and others; praying, "That a Day may be appointed, for hearing the Cause depending in this House, wherein the Petitioners are Appellants, and Henry Lord Shelburn is Respondent:"

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

Oxwick versus Mason.

Whereas there is an Appeal depending in this House, wherein Robert Oxwick Gentleman and Elizabeth Simpsion Widow are Appellants, and William Mason Clerk, Rector of Yate in the County of Gloucester, is Respondent; which, by Order of the Seventh of March last, was, at the Request of both the said Parties, adjourned over till the next Sessions of Parliament: And the House being this Day moved, on the Behalf of the said Appellants, "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 January next, at Eleven a Clock.

Sir W. Sanderson's Petition;

Upon reading the Petition and Representation of Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House; setting forth, inter alia, "That, upon the Complaint of Robert Webb, the Eleventh of March last, this House was pleased to order Edward Kelly, Henry Andrews, and Richard Sparrow, to be taken into Custody of the Black Rod; which Order was executed on the said Kelly and Andrews (but Sparrow could not be found); and they were committed to the Keeping of William Symmonds, Deputy to the Petitioner: That Andrews, after some Days Gustody, upon his Petition, was ordered to be discharged, paying his Fees; but the said Kelly made his Escape; and both the said Kelly and Sparrow so concealed themselves, that they could not be met with during the last Session of Parliament; but now, as the Petitioner is informed, appear again publicly;" and praying, "That this House will make such Order in the Premises as shall be thought meet:"

Kelly and Sparrow to be attached:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Edward Kelly and Richard Sparrow, and keep them in sate Custody till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Ordered, That the Lord Bishop of Peterborough and the Lord Harcourt be added to the Lords Committees appointed to inspect the Manner of keeping Records and Public Papers in Offices.

Robertson versus E. Kinnoull:

Upon reading the Petition and Appeal of John Robertsone of Goodlyburn; complaining of several Interlocutory Sentences, or Decrees, of the Court of Session in Scotland, of the Sixteenth of February 1707, of the Tenth of December 1717, of the Fifth of March, the Third of April, the Two and Twentieth of May, and Seventh of July, 1718, on the Behalf of Thomas Viscount of Duplin (now Earl of Kinnoull); and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Earl of Kinnoull may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of January next; and that Service of this Order on the Respondent's Procurator in the said Court be deemed good Service, in order thereunto.

The House was adjourned during Pleasure.

The House was resumed.

Commissioners forfeited Estates versus Lady Mary Hamilton.

Upon reading the Petition and Appeal of Richard Grantham Esquire, Arthur Ingram Esquire, George Gregory Esquire, Sir Richard Steele Knight, Sir Henry Hoghton Baronet, Patrick Haldane Esquire, Sir Thomas Hales Baronet, Robert Munro Esquire, Henry Cuningham Esquire, Dennis Bond Esquire, John Birch Serjeant at Law, Sir John Eyles Baronet, and Charles Long Esquire, Commissioners and Trustees nominated and appointed in and by Three several Acts of Parliament; One, made in the First Year of His present Majesty's Reign, intituled, "An Act for appointing Commissioners, to inquire of the Estates of certain Traitors and of Popish Recusauts, and of Estates given to Superstitious Uses, in order to raise Money out of them, severally, for the Use of the Public;" another, made in the Fourth Year of His said Majesty's Reign, 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;" and another, made in the Fifth Year of His said Majesty's Reign, intituled, "An Act for appointing a Commissioner and Trustee, to put in Execution the Powers and Authorities of the several Acts of Parliament relating to the forfeited Estates, and Estates given to Superstitious Uses," in the room of George Treby Esquire, who has desired to be discharged from the said Trusts; complaining of an Interlocutory Sentence, or Decree, of the Court of Session in Scotland, of the Ninth of September last, on the Behalf of Alexander Hamilton Writer to the Signet, Adjudger in Trust for the Behoof of Lady Mary Hamilton of Baldoon; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Hamilton and Lady Mary Hamilton may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of January next; and that Service of this Order on the Respondents Procurator in the said Court be deemed good Service.

Lant versus Crispe.

Ordered, That Service of the Order of this House of Friday last, for hearing the Cause wherein Mathew Lant Esquire is Appellant, and Alice Crispe and William Crispe are Respondents, on the said Respondents Clerk in the Court of Exchequer, be deemed good Service, in order thereunto.

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, "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 Land Tax 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, as follows:

Land Tax Bill passed.

"An Act for granting to His Majesty an Aid by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Twenty."

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

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veu't."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

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

Adjourn.

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

DIE Mercurii, 23o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. Sarum.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Ds. Parker, Cancellarius.
Dux Greenwich, Senescallus.
Dux Bucks & Nor.
Dux Montrose.
Dux Wharton.
March. Annandale.
Comes Dorset & Middl'x.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Burlington.
Comes Yarmouth.
Comes Rochester.
Comes Rothes.
Comes Buchan.
Comes Hadinton.
Comes Orkney.
Comes Bute.
Comes Strafford.
Comes Uxbridge.
Comes Coningesby.
Ds. Delawar.
Ds. Hunsdon.
Ds. Compton.
Ds. Maynard.
Ds. Bruce.
Ds. Cornwallis.
Ds. Haversham.
Ds. Harcourt.
Ds. Montjoy.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.

PRAYERS.

Andrews and Sparrow attached, for Contempt.

The House was informed, "That William Symmonds, deputed by the Gentleman Usher of the Black Rod to attach Richard Sparrow, pursuant to the Order of this House Yesterday, did last Night attach the said Sparrow accordingly; but one Henry Andrews, a Marshal's Court Officer, being with him, he held the said Symmonds, whilst the said Sparrow beat and abused him; which gave Occasion to the said Sparrow to make his Escape."

And thereupon the said William Symmonds being called in; and attesting the same, upon Oath, at the Bar:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Henry Andrews and Richard Sparrow, for the said Contempt, and keep them in safe Custody till further Order of this House; and this shall be a sufficient Warrant on that Behalf.

To Sir William Sanderson Knight, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Lady Eustace versus Sir William Fownes & al.

Upon reading the Petition and Appeal of Dame Margaret Eustace, Widow of Sir Maurice Eustace, late of Castlemartin, in the County of Kildare, and Kingdom of Ireland, Baronet, deceased, and Administratrix of the Goods and Chattels, Debts and Credits, of Mary Henrietta Eustace, her deceased Daughter, by the said Sir Maurice Eustace, from a Decree of Dismission made in the High Court of Chancery in the said Kingdom, the Thirteenth of November last, in a Cause there depending, wherein the Petitioner was Plaintiff, and Sir William Fownes, Katherine Obryen, Barbara Boucher, Charles Stuart, and Francis Harrison, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Defendants 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 Wednesday the Seven and Twentieth Day of January next; and that Service of this Order upon the Respondents Clerks in the said Court of Chancery be deemed good Service, in order thereunto.

Mutiny Bill.

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

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

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

Malt 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, for the Service of the Year One Thousand Seven Hundred and Twenty; and for enabling the Lords Commissioners of His Majesty's Treasury to call in such Exchequer Bills as are to be canceled and discharged, with Money appointed for that Purpose;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir William Courtnay versus Langford & al.

Upon reading the Petition and Appeal of Sir William Courtnay Baronet, Son and Heir of Francis Courtnay Esquire, who was Son and Heir of Sir William Courtnay Baronet, who was Cousin and Heir of Colonel Francis Courtnay, who was Son and Heir of George Ughtred Courtnay Esquire, deceased, as amended, pursuant to the Order of this House of the Thirteenth of April last, upon the Petition of the said Appellant, for making the proper. Representatives of William Langford Junior, deceased, Parties to the said Appeal; complaining of an Order of the Court of Chancery in Ireland, in a Cause there depending, wherein the Petitioner was Plaintiff, and William Langford Senior and William Langford Junior were Defendants, whereby the Defendants Plea was allowed; and praying, "That Gertrude Langford, the Widow of the said William Langford Junior, deceased, Francis Langford, John Langford, and James Langford, may put in their Answer to the said Appeal; and shew Cause (if they can) why the former Appeal and Proceedings should not stand and be revived:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Gertrude Langford, Francis Langford, John Langford, and James Langford, 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 Wednesday the Seven and Twentieth Day of January next; and that Service of this Order on the Six Clerk that was concerned for the said William Langford Junior in the said Court of Chancery shall be good Service.

Ludlow & al. versus Macartney & al.

Whereas Monday the Eleventh Day of January next is appointed, for hearing the Cause wherein Stephen Ludlow Esquire and others are Appellants, and the Honourable James Macartney and others are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem Januarii jam prox. sequent. hora undecima Auror. Dominis sic decernentibus.