House of Lords Journal Volume 22
October 1722

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History of Parliament Trust

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1767-1830

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9-28

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'House of Lords Journal Volume 22: October 1722', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 9-28. URL: http://british-history.ac.uk/report.aspx?compid=113773 Date accessed: 02 October 2014.


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October 1722

Anno 9o Georgii Regis.

DIE Martis, 9o Octobris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Archiep. Ebor.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Hereford.
Epus. Cestriens.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, Custos Privati Sigilli.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Montagu.
Dux Montroje.
Dux Roxburghe.
Dux Kent.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Comes Lincoln.
Comes Warwick & Holland.
Comes Peterborow & Mormouth.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Grantham.
Comes Godolphin.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Uxbridge.
Comes Rockingham.
Comes Halifax.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Comes Coningesby.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Hunsdon.
Ds. Teynham.
Ds. Cornwallis.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Hay.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

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; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in the House of Peers."

Who being come; the Lord Chancellor, on his Knee, received Directions from His Majesty; and, being returned to his former Place at His Majesty's Right Hand, said,

Commons directed to choose a Speaker.

"My Lords, and Gentlemen,

"I am commanded by His Majesty to let you know, that He will defer declaring the Causes of His calling this Parliament, till there be a Speaker of the House of Commons; and that therefore it is His Majesty's Pleasure, that you, Gentlemen of the House, of Commons, repair to the Place where you usually sit, and there choose a fit Person for your Speaker; whom you are to present here to His Majesty, for His Royal Approbation, on Thursday next, at Twelve a Clock."

Then His Majesty was pleased to withdraw; and the Commons returned to their House.

PRAYERS.

Ld. Chancellor takes the Oaths.

The Lord Chancellor singly, in the First Place, at the Table, took the Oaths, and male and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Return of Peers for Scotland read.

Then the Certificate of the Clerk of the Crown, of the Names of the Sixteen Peers, chosen, summoned, and certified, to sit and vote in this House, for that Part of Great Britain called Scotland, delivered into this House the Tenth of May last, was (according to the Standing Order) read.

E. Findlater's Return.

And this Day the Clerk of the Crown in Chance y delivered into this House, a Certificate of the Name of the Peer of Scotland, who, by Virtue of His Majesty's Proclamation, is chosen to sit and vote in this House, in the room of the Earl of Rothes, deceased.

Which was read, as follows:

"May it please your Lordships,

"I do hereby certify, that, by Virtue of His Majesty's Proclamation, a Certificate, under the Hands of the Two Clerks of Session attending the Election after-mentioned, in virtue of the Lord Register's Commission to them granted, has been delivered into the Crown-office in Chancery; whereby it appears, that James Earl of Findlater was elected and chosen, by Plurality of Votes, to sit and vote in the House of Peers, in this present Parliament, in the room of John Earl of Rothes, deceased.

"Given under my Hand, this Eighth Day of October, Anno Domini 1722.

"Geo. Wrighte,
Cler. Coron."

Lords take the Oaths.

His Royal Highness George Prince of Wales took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Then the Lords following also did the same; (videlicet,)

William Lord Archbishop of York.

Evelyn Duke of Kingston, Lord Privy Seal.

Thomas Holles Duke of Newcastle, Lord Chamberlain.

Charles Duke of Richmond.

Charles Duke of Grafton.

Charles Duke of Bolton.

John Duke of Montagu.

James Duke of Montrose.

John Duke of Roxburghe.

Henry Duke of Kent.

William Duke of Manchester.

James Duke of Chandos.

Lionel Duke of Dorset.

Scroop Duke of Bridgewater.

Henry Earl of Lincoln.

Edward Earl of Warwick.

Nicholas Earl of Scarsdale.

William Earl of Essex.

Arthur Earl of Anglesey.

George Earl of Litchfield.

William Earl of Yarmouth.

James Earl of Berkeley.

Richard Earl of Scarbrough.

Frederick Earl of Rochford.

Henry Earl of Grantham.

Francis Earl of Godolphin.

John Earl of Sutherland.

Charles Earl of Selkirk.

George Earl of Orkney.

Henry Earl of Deloraine.

Archibald Earl of Ilay.

Washington Earl Ferrers.

Henry Earl of Uxbridge.

Lewis Earl of Rockingham.

George Earl of Halifax.

William Earl Cowper.

William Earl Cadogan.

Bennet Earl of Harborough.

Charles Viscount Townshend.

Henry Viscount Lonsdale.

Richard Viscount Cobham.

John Viscount Lymington.

Simon Viscount Harcourt.

George Viscount Torrington.

John Lord Bishop of London.

Charles Lord Bishop of Winchester.

Richard Lord Bishop of Sarum.

Benjamin Lord Bishop of Hereford.

Francis Lord Bishop of Chester.

Edmund Lord Bishop of Lincoln.

Lancelot Lord Bishop of Exeter.

Edward Lord Bishop of Litchfield and Coventry.

Samuel Lord Bishop of Carlile.

Hugh Lord Bishop of Bristol.

Thomas Lord Bishop of Norwich.

Richard Lord Bishop of Bangor.

Joseph Lord Bishop of Glocester.

John Lord Carteret.

John Lord Delawarr.

William Lord Hunsdon.

Henry Lord Teynham.

Charles Lord Cornwallis.

William Lord Craven.

Peregrine Lord Osborne.

Francis Lord Guilford.

James Lord Waldegrave.

John Lord Ashburnham.

Charles Lord Weston.

Henry Lord Herbert.

George Lord Hay.

Samuel Lord Masham.

Allen Lord Bathurst.

Thomas Lord Onslow.

Robert Lord Romney.

George Lord Newburgh.

Nicholas Lord Lechmere.

Bishop of Chichester takes the Oaths.

As also Thomas Lord Bishop of Chichester 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.

Adjourn.

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

DIE Jovis, 11o Octobris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Sarum.
Epus. Hereford.
Epus. Cestriens.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Dux Bridgewater.
Comes Lincoln.
Comes Leicester.
Comes Warwick.
Comes Peterborow.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Anglesey.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Grantham.
Comes Godolphin.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Halifax.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Teynham.
Ds. Cornwallis.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
2. Ds. Ashburnham.
1. Ds. Waldegrave.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

William Lord Archbishop of Canterbury.

Henry Lord Carleton, Lord President.

John Duke of Greenwich, Lord Steward.

John Duke of Rutland.

Philip Duke of Wharton.

John Earl of Leicester.

Charles Earl of Peterborow.

Edward Earl of Clarendon.

Richard Earl of Burlington.

Henry Earl of Rochester.

George Earl of Warrington.

Robert Earl of Oxford.

Thomas Earl of Strafford.

Heneage Earl of Aylesford.

Talbot Earl of Sussex.

Thomas Earl of Coningesby.

Laurence Viscount Say & Scale.

Henry Viscount St. John.

Thomas Lord Howard of Essingham.

John Lord Gower.

Thomas Lord Trevor.

Robert Lord Bingley.

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; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to set the Commons know, "It is His Majesty's Pleasure, that they atttend Him immediately, in the House of Peers."

Mr. Compton, Speaker of H. C. presented, and approved of.

Who being come; they presented the Right Honourable Spencer Compton Esquire, whom they had chosen to be their Speaker, for His Majesty's Royal Approbation.

And, after a short Speech made by him to His Majesty, desiring His Majesty to excuse him from that Service;

The Lord Chancellor, taking Directions from His Majesty, said,

"Mr. Compton,

"You have so long and so very well discharged the important Trust of Speaker of the House of Commons; and His Majesty has had so full Experience of your Zeal for His Service, and for the Interest of your Country, which are really inseparable; that He is pleased to command me to tell you, that He is perfectly well satisfied with the Choice which His Commons have made of you now to be their Speaker; and therefore does not admit of your Excuse; but allows of and confirms you to be Speaker."

Then Mr. Speaker returned His Majesty Thanks, for His Gracious Approbation of the Choice and Acceptance of His Service; and humbly prayed, in the Name of the Commons, "That His Majesty would be graciously pleased to allow and confirm all their ancient and accustomed Rights, Privileges, and Immunities; particularly,

"That they might have Liberty and Freedom of Speech, in all their Debates.

"That, for their better Attendance on the Public Service, their Persons, Estates, and Servants, be free from Arrests and Molestations.

"That, at all convenient Times, they may have Acces, to His Majesty's Royal Person, as Occasion shall require.

"That His Majesty would have a Gracious Opinion of all their Actions; and that, if himself at any Time should mistake, he might have His Majesty's favourable Interpretation, and Gracious Pardon."

Then the Lord Chancellor, receiving further Directions from His Majesty, said,

"Mr. Speaker,

"I am commanded by His Majesty to say, That His Majesty, being fully assured of the Prudence, Loyalty, and good Assections, of the House of Commons, does most willingly grant to them all their Privileges, in as full a Manner as they have at any Time been granted or allowed by any of His Majesty's Royal Predecessors.

"And as to what you have said in relation to yourself; His Majesty will be graciously pleased to put the best and most favourable Construction upon your Words and Actions, in the Discharge of your Duty as Speaker of the House of Commons."

Then the Lord Chancellor, on his Knee, receiving further Directions from His Majesty; who, at the same Time, delivered a Paper into his Lordship's Hand; and being returned to his former Place at His Majesty's Right Hand;

His Majesty was pleased to say,

"My Lords, and Gentlemen,

"I have ordered my Lord Chancellor to declare to you, in My Name and Words, the Causes of calling this Parliament."

Then the Lord Chancellor said,

King's Speech.

"My Lords, and Gentlemen,

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

"My Lords, and Gentlemen,

"I am concerned to find Myself obliged, at the Opening of this Parliament, to acquaint you, that a dangerous Conspiracy has been for some Time formed, and is still carrying on, against My Person and Government, in Favour of a Popish Pretender.

"The Discoveries I have made here, the Informations I have received from My Ministers Abroad, and the Intelligences I have had from the Powers in Alliance with Me, and indeed from most Parts of Europe, have given Me most ample and concurrent Proofs of this wicked Design.

"The Conspirators have, by their Emissaries, made the strongest Instances for Assistance from Foreign Powers, but were disappointed in their Expectations. However, confiding in their Numbers, and not discouraged by their former ill Success, they resolved once more, upon their own Strength, to attempt the Subversion of My Government.

"To this End, they provided considerable Sums of Money, engaged great Numbers of Officers from Abroad, secured large Quantities of Arms and Ammunition, and thought themselves in such Readiness, that, had not the Conspiracy been timely discovered, we should, without Doubt, before now, have seen the whole Nation, and particularly the City of London, involved in Blood and Confusion.

"The Care I have taken has, by the Blessing of God, hitherto prevented the Execution of their traiterous Projects. The Troops have been encamped all this Summer; Six Regiments (though very necessary for the Security of that Kingdom) have been brought over from Ireland The States General have given Me Assurances, that they would keep a considerable Body of Forces in a Readiness to embark on the First Notice of their being wanted here, which was all I desired of them; being determined not to put My People to any more Expence than what was absolutely necessary for their Peace and Security.

"Some of the Conspirators have been taken up and secured; and Endeavours are used for the apprehending others.

"My Lords, and Gentlemen,

"Having thus in general laid before you the State of the present Conspiracy, I must leave to your Consideration what is proper and necessary to be done, for the Quiet and Safety of the Kingdom. I cannot but believe the Hopes and Expectations of our Enemies are very ill grounded, in flattering themselves that the late Discontents, occasioned by private Losses and Misfortunes, however industriously and maliciously fomented, are turned into Disaffection, and a Spirit of Rebellion.

"Had I, since My Accession to the Throne, ever attempted any Innovation in our Established Religion; had I, in any one Instance, invaded the Liberty or Property of My Subjects; I should less wonder at any Endeavours to alienate the Affections of My People, and draw them into Measures that can end in nothing but their own Destruction.

"But to hope to persuade a free People, in full Enjoyment of all that is dear and valuable to them, to exchange Freedom for Slavery, the Protestant Religion for Popery, and to sacrifice at once the Price of so much Blood and Treasure as have been spent in Defence of our present Establishment, seems an Infatuation not to be accounted for: But, however vain and unsuccessful these desperate Projects may prove in the End, they have at present so far the desired Essect, as to create Uneasiness and Diffidence in the Minds of My People, which our Enemies labour to improve to their own Advantage. By forming Plots, they depreciate all Property that is vested in the Public Funds; and then complain of the low State of Credit; they make an Increase of the National Expences necessary, and then clamour at the Burthen of Taxes; and endeavour to impute to My Government as Grievances, the Mischiefs and Calamities which they alone create and occasion.

"I wish for nothing more, than to see the Public Expences lessened, and the great National Debt put in a Method of being gradually reduced and discharged, with a strict Regard to Parliamentary Faith; and a more favourable Opportunity could never have been hoped for, than the State of profound Peace, which we now enjoy with all our Neighbours. But Public Credit will always languish, under daily Alarms and Apprehensions of Public Danger; and, as the Enemies of our Peace have been able to bring this immediate Mischief upon us, nothing can prevent them from continuing to subject the Nation to new and constant Difficulties and Distresses, but the Wisdom, Zeal, and vigorous Resolutions, of this Parliament.

"Gentlemen of the House of Commons,

"I have ordered the Accompts to be made up, and laid before you, of the extraordinary Charge that has been incurred this Summer, for the Defence and Safety of the Kingdom; and I have been particularly careful not to direct any Expence to be made greater, or sooner, than was of absolute Necessity.

"I have likewise ordered Estimates to be prepared, and laid before you, for the Service of the Year ensuing: And I hope the further Provisions, which the treasonable Practices of our Enemies have made necessary for our common Safety, may be ordered with such Frugality, as very little to exceed the Supplies of the last Year.

"My Lords, and Gentlemen,

"I need not tell you of what infinite Concern it is to the Peace and Tranquillity of the Kingdom, that this Parliament should upon this Occasion exert themselves with a more than ordinary Zeal and Vigour. An entire Union among all that sincerely wish well to the present Establishment is now become absolutely necessary. Our Enemies have too long taken Advantage from your Differences and Dissentions. Let it be known, that the Spirit of Popery, which breaths nothing but Confusion to the Civil and Religious Rights of a Protestant Church and Kingdom, however abandoned some few may be in Despite of all Obligations Divine and Human, has not so far possessed My People, as to make them ripe for such a fatal Change. Let the World see, that the general Disposition of the Nation is no Invitation to Foreign Powers to invade us, nor Encouragement to Domestic Enemies to kindle a Civil War in the Bowels of the Kingdom. Your own Interest and Welfare call upon you to defend yourselves. I shall wholly rely upon the Divine Protection, the Support of My Parliament, and the Affections of My People, which I shall endeavour to preserve, by steadily adhering to the Constitution in Church and State, and continuing to make the Laws of the Realm the Rule and Measure of all My Actions."

Which being ended; His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Poor, to prevent defrauding, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for preventing of the Poor's being defrauded."

His Majesty's most Gracious Speech to both Houses of Parliament was read by the Lord Chancellor.

Address on His Majesty's Speech to be drawn.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for His most Gracious Speech from the Throne; and for His communicating to His Parliament, that a traiterous Conspiracy hath been formed, and is still carrying on, against His Sacred Person and Government, in Favour of a Popish Pretender: To declare our utmost Detestation and Abhorrence thereof, and our just Indignation against all such as have, by any Means whatsoever, traiterously endeavoured to alienate the Affections of His Majesty's good Subjects; or, by maliciously fomenting any of their late Discontents, however occasioned, to raise them to a Spirit of Rebellion: To express our great Satisfaction in the wise Measures taken by His Majesty, which, by the Blessing of God, have hitherto disappointed the treasonable Projects of all His Enemies, and happily preserved the Peace and Tranquillity of the Kingdom; Most humbly and thankfully to acknowledge the inestimable Blessings we have enjoyed, under His Majesty's most Gracious Government, during the whole Course of His Reign; and to return our most unseigned Thanks for His Majesty's most Gracious Declaration, on which we entirely rely, "That He will steadily adhere to the Constitution in Church and State, and continue to make the Laws of the Realm the Rule and Measure of all His Actions:" And to assure His Majesty of our unshaken Fidelity; and that we will, to the utmost of our Power, on all Occasions, stand by and assist His Majesty, against all His Enemies whatsoever, both at Home and Abroad, in Maintenance of His undoubted Right and Title to the Imperial Crown of this Realm."

Then the Lords following were appointed a Committee, to draw an Address pursuant thereunto; and report to the House; (videlicet,)

L. President.
L. Privy Seal.
L. Steward.
L. Chamberlain.
Duke of Grafton.
D. Bolton.
D. Rutland.
D. Roxburgh.
D. Wharton.
D. Dorset.
E. Lincoln.
E. Peterborow.
E. Clarendon.
E. Anglesey.
E. Yarmouth.
E. Scarbrough.
E. Warrington.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Cowper.
E. Coningesby.
Viscount Townshend.
Viscount Harcourt.
L. Bp. Lincoln.
L. Bp. Glocester.
L. Carteret.
L. Delawarr.
L. Teynham.
L. Trevor.
L. Lechmere.

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House was adjourned during Pleasure.

The House was resumed.

Habeas Corpus Act, to suspend, Bill:

The Duke of Grafton presented to the House, a Bill, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

Then, Hodie 1a vice lecta est Billa, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

And a Motion being made, "That the said Bill be now read a Second Time:"

The Standing Order of this House, of the 28th of June 1715, against reading Bills Twice the same Day, was read.

After Debate;

The Question was put, "Whether the said Bill shall be now read a Second Time?"

It was Resolved in the Affirmative.

And the Bill was read a Second Time accordingly.

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Then the House was adjourned during Pleasure, and put into the said Committee.

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

And the Duke of Wharton reported from the Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

And a Motion being made,

And the Question being put, "That the Report be now received:"

It was Resolved in the Affirmative.

His Grace accordingly reported the Amendments made by the Committee of the whole House to the said Bill.

Which were read, as follow;

"1st Sh. 10th Line. Before ["shall"], insert ["are or."]

"11th Line. Fill the First Blank with ["Tenth"] and the other Blank with ["October."]

"12th Line. Fill the Blank with ["One Thousand Seven Hundred Twenty-two."]

"16th L. Fill the Blank with ["Twentyfourth."]

"17th L. Fill the First Blank with "October"], and the other Blank with ["One Thousand Seven Hundred Twenty-three."]

"2d Sh. 1st Line. Fill the Blank with ["Twentyfourth."]

"2d Line. Fill the Blank with ["October."]

"3d L. Fill the Blank with ["One Thousand Seven Hundred Twenty-three."]

"8th L. Fill the First Blank with ["Twenty-fourth"], and the other Blank with ["October."]

"9th L. Fill the Blank with ["One Thousand Seven Hundred Twenty-three."]

"14th L. Fill the Blank with ["Twentyfourth."]

"15th L. Fill the Blank with ["October."]

"16th L. Fill the Blank with ["One Thousand Seven Hundred Twenty-three."]

"Last L. Fill the Blank with ["Twentyfourth."]

"3d Sh. 1st L. Fill the Blank with ["October."]

"2d L. Fill the Blank with ["One Thousand Seven Hundred Twenty-three."]

Then the said Amendments to the Twelfth Line of the First Sheet, being read a Second Time by the Clerk, were severally agreed to.

And then the Amendments in the Sixteenth and Seventeenth Lines of the said Sheet, in relation to the Time of the Continuance of the said Bill, were also read a Second Time.

And the Question was put, "Whether to agree with the Committee in the said Amendments?"

It was Resolved in the Affirmative.

Protest against the Amendments concering the Continuance of the Bill:

"Dissentient,

"1st, Because the Act, commonly called the Habeas Corpus Act, is admitted on all Hands to be the great Bulwark of the Liberty of the Subject; and therefore, although, in Cases of actual Rebellion and intended Invasion, that Act has been at Times before suspended, yet it was done sparingly, and by Degrees; and the utmost Term for which it has hitherto been suspended, at any One Time, has been the Term of Six Months: Which Consideration puts us under a very melancholy Apprehension for the very Being or Effect of that excellent Law; since the present Suspension of it, for the Term of a Year, or more, will be fully as good an Authority, in Point of Precedent, for the suspending it on another Occasion for the Term of Two Years, as any former Precedent is now for the present Suspension during One Year and more.

"2dly, The detestable Conspiracy, which occasions the present Suspension, having been discovered and signified to the City of London about Five Months since, and divers imprisoned for it a considerable Time past, we cannot but conceive it to be highly unreasonable to suppose, that the Danger of this Plot, in the Hands of a faithful and diligent Ministry, will continue for a Year and more yet to come; and that in so high a Degree as to require a Suspension of the Liberty of the Subject (for so we take it to be) during all that Time.

"3dly, His Majesty, having not visited His Dominions Abroad these Two last Years, will very probably leave the Kingdom the next Spring, to that End; in which Case, this great Power of suspecting and imprisoning the Subjects at Will, and detaining them in Prison till the Twenty-fourth of October 1723, and for as much longer Time as till they can after that take the Benefit of the Habeas Corpus Act (if they can then do it at all), will be lodged in the Hands of some of our Fellow Subjects, who we are not so sure will be above all Prejudices and Partialities as we are that His Majesty will.

"4thly, This weakens the Provision made in the Bill, for the Lords and Members of the other House of Parliament, that they shall not be committed or detained, sitting the Parliament, without the Consent of the Houses respectively; since it is very probable the Parliament will not be sitting the greatest Part of the Time for which this Bill, if enacted, will continue a Law: And such is the Weakness of Human Nature, that we cannot be assured but that the Apprehension of what may befal any Member of Parliament while the Parliament is not sitting may have some Influence on the Freedom of acting and debating in Parliament.

"5thly, The Dictatorial Power was always ended or laid down immediately when the urgent Occasion for it was over; and was never continued much longer till a little before that great State (from which all others draw so many Maxims of Government) lost its Liberties.

"W. Ebor.
Scarsdale.
Hay.
Cravens.
Anglesey.
Litchfield.
Aylesford.
Bathurst.
Osborne.
Ashburnham.
Trevor.
Fran. Cestriens.
Masham.
Gower.
Cowper.
Guilford.
Bingley.
Uxbridge.
Strafford."

And then the rest of the said Amendments were also read a Second Time, and severally agreed to

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

The House was adjourned during Pleasure.

The House was resumed.

Bill passed:

Hodie 3a vice lecta est Billa, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

Guilford.
Anglesey.
Scarsdale.
Gower.
Hay.
Craven.
Litchfield.
Osborne.
Masham.
Bathurst
Bingley.
Ashburnham.
Cowper.
Strafford.
Uxbridge.
Lechmere."

Message to H C with the Bill.

A Message was sent to the House of Commons, by Mr. Justice Tracy and Mr. Baron Price:

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

White et al. versus Lightburn et al.

This Day the several Answers 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 Puc, Respondents to the Petition and Appeal of Anne White Widow, Paul Howell Esquire, and Thomas Burrows Gentleman, were brought in.

Adjourn.

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

DIE Veneris, 12o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. Winton.
Epus. Sarum.
Epus. Cestriens.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Rutland.
Dux Montrose.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Peterborow.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Teynham.
Ds. Cornwallis.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Receivers and Triers of Petitions.

Les Recevours des Petitions de la Grande Bretagne et d'Ireland.

Messire Thomas Prat, Chevalier et Chief Justicer.

Messire Robert Eyre, Chevalier et Justicer.

Messire Jean Hiccocks, Ecuyer.

Et ceux qui veulent delivre leur Petitions lesbaillent dedans Six Jours procheinment ensuivant.

Les Recevours des Petitions de Gaseoigne, et des autres Terres et Pais de par la Mer et des Isles.

Messire Pierre King, Chevalier et Chief Justicer.

Messire Jaque Mountagu, Chevalier, et Chief Baron de I'Exchequer du Roy.

Messire Henrique Lovibond Ecuyer.

Et ceux qui veulent delivre leur Petitions, les baillent dedans Six Jours procheinment ensuivant.

Les Triours des Petitions de la Grand Bretagne et d'Ireland.

Le Duc de Richmond.

Le Duc de Grafton.

Le Duc de Montagu.

Le Duc de Montrose.

Le Duc de Wharton.

Le Duc de Chandos.

Le Count de Lincoln.

Le Count de Clarendon.

Le Count de Scarbrough.

Le Count de Godolphin.

Le Count de Sutherland.

Le Count de Strafford.

Le Count Cowper.

Le Viscount Townshend.

Le Viscount Harcourt.

Le Baron Delawar.

Le Baron Trevor.

Le Baron Lechmere.

Touts eux ensemble, on Quatres des Seigneurs avantditz; appellant aux eux les Sergeants du Roy, quant sera Besoigne; tiendront leur Place en la Chambre du Tresorier.

Les Triours des Petitions de Gascoigne, et des autres Terres et Pais de par la Mer et des Isles.

Le Duc de Bolton.
Le Duc de Devon.
Le Duc de Bridgewater.
Le Count de Anglesey.
Le Count de Warrington.
Le Count de Selkirk.
Le Count de I'lay.
Le Count Coningesby.
Le Viscount Cobham.
Le Viscount Torrington.
Le Baron Teynham.
Le Baron Bathurst.
Le Baron Newburgh.

Touts eux ensemble, ou Quatres des Seigneurs avantditz; appellant aux eux les Sergeants du Roy, quant sera besoigne; tiendront leur Place en la Chambre du Chambellan.

Committee of Privileges.

Lords Committees appointed to consider of the Customs and Orders of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Lord Chancellor.
Ld. President.
Ld. Privy Seal.
Ld. Steward.
Ld. Chamberlain.
Duke of Richmond.
D. Grafton.
D. Rutland.
D. Montrose.
D. Wharton.
Duke of Manchester.
D. Chandos.
D. Dorset.
Earl of Lincoln.
E. Warwick.
E. Peterborow.
E. Scarsdale.
E. Clarendon.
E. Essex.
E. Anglesey.
E. Litchfield.
E. Yarmouth.
E. Rochester.
E. Scarbrough.
E. Warrington.
E. Rochford.
E. Sutherland.
E. Selkirk.
E. Orkney.
E. Ilay.
E. Ferrers.
E. Strafford.
E. Uxbridge.
E. Aylesford.
E. Sussex.
E. Cowper.
E. Cadogan.
E. Harborough.
E. Coningesby.
V. Say & Seale.
V. Townshend.
V. Lonsdale.
V. St. John.
V. Cobham.
V. Harcourt.
V. Torrington.
L. Abp. Cant.
L. Abp. York.
L. Bp. Winton.
L. Bp. Sarum.
L. Bp. Chester.
L. Bp. Carlile.
L. Bp. Bristol.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Glocester.
L. Bp. Chichester.
L. Carteret.
L. Delawar.
L. Howard Eff.
L. Teynham.
L. Craven.
L. Osborne.
L. Guilford.
L. Waldegrave.
L. Ashburnham.
L. Herbert.
L. Gower.
L. Hay.
L. Trevor.
L. Masham.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Newburgh.
L. Lechmere.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the House of Peers, and every Monday after; and to adjourn, from Time to Time, as they please.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this House.

Duke of Wharton.
D. Dorset.
Earl of Lincoln.
E. Warwick.
E. Clarendon.
E. Litchfield.
E. Yarmouth.
E. Rochester.
E. Scarbrough.
E. Warrington.
E. Rochford.
E. Ilay.
E. Strafford.
E. Uxbridge.
E. Aylesford.
E. Sussex.
E. Cowper.
E. Coningesby.
V. Say & Seale.
V. Townshend.
V. St. John.
V. Cobham.
V. Harcourt.
L. Abp. York.
L. Bp. Salisbury.
L. Bp. Chester.
L. Bp. Carlile.
L. Bp. Bristol.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Glocester.
L. Bp. Chichester.
L. Carteret.
L. Delawar.
L. Howard Eff.
L. Teynham.
L. Cornwallis.
L. Craven.
L. Osborne.
L. Guilford.
L. Waldegrave.
L. Ashburnham.
L. Herbert.
L. Gower.
L. Hay.
L. Trevor.
L. Masham.
L. Bathurst.
L. Bingley.
L. Onslow.
L. Lechmere.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King's Street, and the Passages to The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westm'r, from Eleven of the Clock in the Forenoon until Four of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House made this Day, for the Purposes aforesaid.

Address reported.

The Duke of Dorset reported from the Lords Committees appointed to draw an Address, to be presented to His Majesty, pursuant to an Order of this House Yesterday, "That they had drawn an Address accordingly, as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly return Your Majesty the Thanks of this House, for Your Majesty's most Gracious Speech from the Throne; and for communicating to Your Parliament the dangerous Designs formed, and still carrying on, against Your Majesty's most Sacred Person and Government, in Favour of a Popish Pretender.

"We cannot sufficiently express our Detestation and Abhorrence thereof, or our just Indignation against all such as have, by any Means whatsoever, traiterously endeavoured to alienate the Affections of Your Majesty's good Subjects; or, by maliciously fomenting any of their late Discontents, however occasioned, to raise them to a Spirit of Rebellion.

"We think ourselves in Duty bound, on this Occasion, to declare our very great Satisfaction in the wise Measures taken by Your Majesty; which, by the Blessing of God, have hitherto disappointed the treasonable Projects of all Your Enemies, and happily preserved the Peace and Tranquillity of the Kingdom.

"Could the Enemies of our Peace have procured a Foreign Force to invade us, and, by such Assistance, a Rebellion to have been raised in the Heart of Your Kingdom; though we assure ourselves so desperate an Attempt must have ended in their own Destruction; it is not yet to be doubted, but that the City of London, whose Wealth and Influence have been so constantly employed in opposing Popery and arbitrary Power, would have felt the utmost Efforts of their Fury, and the Kingdom been made a Scene of Bloodshed and Confusion.

"Such of Your Majesty's good Subjects as may have been unwarily misled, at so critical a Juncture, must now plainly discern the Difference between those great Calamities, from which, by the Blessing of God, they have been hitherto preserved, and the imaginary Dangers with which they have been industriously amused.

"We cannot but acknowledge, with most grateful Hearts, the inestimable Blessing we have enjoyed, under Your Majesty's Government, during the whole Course of Your Reign; and return Your Majesty our most unseigned Thanks, for Your Majesty's most Gracious Declaration, on which we entirely depend, "That Your Majesty will steadily adhere to our Constitution in Church and State, and continue to make the Laws of the Realm the Rule and Measure of all Your Actions." And we humbly beg Leave to assure Your Majesty of our most unshaken Fidelity; and that we will, to the utmost of our Power, on all Occasions, stand by and assist Your Majesty, against all Your Enemies whatsoever, both at Home and Abroad, in Maintenance of Your Majesty's undoubted Right and Title to the Imperial Crown of this Realm."

And the same, being read by the Clerk entire, and afterwards in Paragraphs, was agreed to by the House.

Ordered, That this be the Address to be presented to His Majesty.

Ordered, That the said Address be presented to His Majesty by the whole House.

Lords to know when His Majesty will be attended.

Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will please to appoint to be attended by this House, with the said Address.

Marchioness Dowager of Annandale and her Children versus Marquis Annandale.

Upon reading the Petition and Appeal of Charlotta Marchioness Dowager of Annandale, and Lords George and John Johnstoun her Children, Infants, by their Mother and Guardian; complaining of a Decree of the Lords of Session in Scotland, of the Seventeenth of July last, made on the Behalf of James Marquis of Annandale; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Marquis of Annandale may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the Ninth Day of November next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Session in Scotland, be deemed good Service.

Marchioness Dowager of Annandale versus Marquis Annandale.

Upon reading the Petition and Appeal of Charlotta Marchioness Dowager of Annandale; complaining of several Interlocutors and Decrees of the Lords of Session in Scotland, of the Fifteenth and Twenty-seventh of February and Twenty-sixth of June last, made on the Behalf of James Marquis of Annandale; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Marquis of Annandale may have a Copy of the said Appeal; and do put in his Answer thereunto, in Writing, on or before Friday the Ninth Day of November next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Session in Scotland, be deemed good Service.

Costigan versus Allen.

This Day the Answer of James Allen, One of the Administrators of the Goods and Chattels, Rights and Credits, of John Hickie deceased, Respondent to the Petition and Appeal of Daniel Costigan, was brought in.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum tertium diem hujus instantis Octobris, hora undecima Auror. Dominis sic decernentibus.

DIE Sabbati, 13o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Exon.
Epus. Carliol.
Epus. Norwic.
Epus. Bangor.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Comes Greenwich, Senescallus.
Dux Wharton.
Comes Warwick.
Comes Clarendon.
Comes Litchfield.
Comes Warrington.
Comes Rochford.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Viscount Townshend.
Viscount St. John.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Howard Eff.
Ds. Cornwallis.
Ds. Craven.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Lechmere.

PRAYERS.

Lord Foley takes the Oaths.

This Day Thomas Lord Foley 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.

His Majesty to be attended with Address.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended by this House, with their Address; and that His Majesty had been pleased to appoint this Day, at Half an Hour after One, at His Palace of St. James's."

Dr. Bennet versus Inhabitants of St. Giles's Cripplegate.

Upon reading the Petition and Appeal of Thomas Bennet Doctor of Divinity, from a Decree of the High Court of Chancery, made the Tenth Day of May 1721, in a Cause wherein the Petitioner was Defendant, at the Suit of John Perry, Henry Lowth, and others, Inhabitants of the Parish of St. Giles's Cripplegate, London, and Trustees for the said Parish; and also the Churchwardens of the same Parish, on the Behalf of themselves and all other the Inhabitants of the said Parish, were Plaintiffs; and praying, "That the said Decree, and all Proceedings thereupon, may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Perry, Henry Lowth, and the other Plaintiffs in the said Cause, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Saturday the Twenty-seventh Day of this Instant October; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service.

Luttrells versus Luttrell, alias Netterville, et al.

The House being moved, on the Behalf of Robert Luttrell and Simon Luttrell, Minors under the Age of One and Twenty Years, by their Guardians and prochein Amies, William Earl Cadogan, Richard Lord Baron of Gowran, and William Strickland Esquire, Appellants in a Cause depending in this House the last Sessions of the last Parliament, to which Elizabeth Luttrell, alias Netterville, Nicholas Netterville, and others, are Respondents; "That a Day may be appointed, for hearing thereof:"

Hearing appointed.

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

Adjourn.

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

DIE Martis, 16o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Winton.
Epus. Sarum.
Epus. Cestriens.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Norwic.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Dorset.
Comes Exeter.
Comes Peterborow.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Tankerville.
Comes Aylesford.
Comes Sussex.
Comes Cowper.
Comes Coningesby.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount St. John.
Viscount Cobham.
Viscount Lymington.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Teynham.
Ds. Byron.
Ds. Craven.
Ds. Guilford.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

E. Exeter and E of Tankerville take their Seats.

This Day Brownlowe Earl of Exeter and Charles Earl of Tankerville sat first in Parliament, upon the Death of their Fathers John Earl of Exeter and Charles Earl of Tankerville.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Brownlowe Earl of Exeter.

Charles Earl of Tankerville.

Price Viscount Hereford.

William Lord Byron.

His Majesty's Answer to Address:

The Lord Chancellor reported, "That the House did, on Saturday last, present to His Majesty their humble Address; and that His Majesty was pleased to return this most Gracious Answer; (videlicet,)

"My Lords,

"I thank you for this loyal and dutiful Address. So seasonable a Mark of your Zeal and Affection will be of the greatest Service at this critical Juncture, and lay Me under the strictest Obligation to use the Confidence you repose in Me to no other Ends, than the Preservation of the Public Tranquillity, and of the Rights and Liberties of My People."

Address and Answer to be printed.

Ordered, That the Address of this House presented to His Majesty, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Brodie to enter into Recognizance for E. Broadalbin et al.

The House being moved, "That Alexander Brodie Esquire may be permitted to enter into a Recognizance for John Earl of Broadalbin, Sir James Sinclair Baronet, and John Sinclair Esquire, on Account of their Appeal depending in this House, to which Alexander Earl of Caithness is Respondent; the Appellants residing in Scotland:"

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

E. Broadalbin et al. versus E. Caithness:

Then a Petition of Alexander Hamilton Gentleman, Agent for the said John Earl of Broadalbin and the other Appellants, was presented to the House, and read; setting forth, "That, upon reading the said Appeal, the Twelfth of February last, Alexander Earl of Caithness was ordered to put in an Answer thereunto on or before the Twelfth of March following, which he has neglected to do, though duly served with the said Order for that Purpose;" and praying, "That a peremptory Day may be appointed, for the said Earl to put in his Answer to the said Appeal."

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

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

Eyre versus Daly.

Upon reading the Petition and Appeal of John Eyre, of the Kingdom of Ireland, Esquire; complaining of a Decree of the High Court of Chancery in the said Kingdom, made the Sixteenth of June 1719, in a Cause wherein Laughlin Daly Esquire was Plaintiff, and the Petitioner and others Defendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Laughlin Daly 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondent's Clerk in the said Court of Chancery be deemed good Service.

Dr. Coate and Godsell versus Mammon et al:

The House was informed, "That John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Catherine Pritrich, who, by Order of this House of the Eighteenth of January last, were required to put in their Answer or respective Answers to the Appeal of Doctor Chidley Coote and James Godsell on or before the Two and Twentieth of February following, have neglected to put in their Answer thereunto, though duly served with the said Order for that Pur-

And thereupon an Affidavit of the said Service being read:

To answer peremptorily.

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, by this Day Sevennight.

Sweet versus Anderson.

Upon reading the Petition and Appeal of Stephen Sweet, of Kilkenny in the Kingdom of Ireland, Esquire; complaining of a Decree of the Court of Exchequer in the said Kingdom, of the Second of December 1720, and an Order of the Fourth of May following in Affirmance thereof, in a Cause wherein Alexander Anderson Esquire was Plaintiff, and the Petitioner Defendant; and praying, "That the said Decree and Order may be reversed, and the Plaintiff's Bill dismissed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Anderson 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondent's Clerk, or Attorney, in the said Court of Exchequer, be deemed good Service.

Kien versus Stukeley.

The House being moved, on the Behalf of Christopher Ernest Kien, Appellant in a Cause depending in this House, to which Adlard Squire Stukeley Gentleman is Respondent, "That a Day may be appointed, for hearing thereof:"

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

White et al. versus Lightburn et al.

The House being moved, on the Behalf of Stafford Lightburn Esquire, Catherine his Wife, and others, Respondents to the Petition and Appeal of Anne White Widow, Paul Howell Esquire, and Thomas Burrows Gentleman, "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 Twelfth Day of November next, at Eleven a Clock.

Wingfield versus Whalley.

Upon reading the Petition and Appeal of Edward Wingfield Esquire; complaining of several Orders and Decrees made in the Court of Chancery in Ireland, the Third of February 1717, the Nineteenth of November 1719, the Twenty-seventh of January 1721, and the Ninth of April last, in a certain Cause, wherein Richard Whalley Esquire was Plaintiff, and Foliot late Lord Viscount Powerscourt deceased, and Thomas Richardson Gentleman, were Defendants; and in another Cause there depending, wherein the said Richard Whalley was Plaintiff, and the Petitioner and the said Richardson were Defendants; and praying, "That the same may be reversed, as against the Petitioner:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Whalley 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the said Respondent's Clerk in the said Court of Chancery in Ireland be deemed good Service.

Howison to enter into Recognizance for Wingfield.

The House being moved, "That James Howison Gentleman may be permitted to enter into a Recognizance for the said Edward Wingfield, on Account of the said Appeal; he residing in Ireland:"

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

Lord Forbes et al. versus Denniston et al.

Upon reading the Petition and Appeal of the Honourable George Forbes, commonly called Lord Forbes, Robert Doyne and Richard Nutley, Esquires; complaining of a Decree of the Court of Chancery in Ireland, made the Seventeenth of February 1721, in a Cause there depending, wherein Alexander Denniston, Samuel Denniston, and James Thompson, were Plaintiffs, and the Petitioners Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed; and the Plaintiffs Bill dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Alexander Denniston, Samuel Denniston, and James Thompson, 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery be deemed good Service.

Dr. Coote and Godsell versus Mammon et al.

The House being informed, "That Luke Vipend attended, on the Behalf of John Mammon, Sarah his Wife, and the other Respondents to the Petition and Appeal of Doctor Chidley Coote and James Godsell, with several Pleadings and Proceedings to be made Use of on hearing the said Cause; and that the said Vipend, being obliged to go for Ireland, desired now to prove the same to be true Copies:"

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

And withdrew.

Adjourn.

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

Die Veneris, 31o Januarii, 1723, hitherto examined by us,

Greenwich.
Montrose.
Wharton.
Findlater.
Hu. Bristol.

DIE Mercurii, 17o Octobris.

REX

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Epus. Dunelm.
Epus. Sarum.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Exeter.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Tankerville.
Comes Halifax.
Comes Cadogan.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Lymington.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Teynham.
Ds. Byron.
Ds. Cornwallis.
Ds. Craven.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

John Marquis of Tweeddale.

William Lord Bishop of Durham.

John Earl of Stair.

Message from H. C. to return the Bill for suspending the Habeas Corpus Act.

A Message from the House of Commons, by the Earl of Hertford and others:

To return the Bill, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Watson versus Beard.

Upon reading the Petition and Appeal of Dorothy Watson Widow; complaining of a Decree of Dismission of the Court of Exchequer, made the Nineteenth Day of June 1721, in a Cause wherein the Petitioner was Plaintiff, and Miriam Beard, Widow and Administratrix of Benjamin Beard, was Defendant; and praying, "That the same may be reversed; and that the Petitioner may be admitted to prosecute her Appeal in this House in Forma Pauperis, she having been admitted so to do in the Court of Exchequer:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Miriam Beard may have a Copy of the said Appeal; and shall and she is hereby required to put in her Answer thereunto, in Writing, on or before Wednesday the Thirty-first Day of this Instant October; and that the Petitioner be admitted to prosecute her Appeal in Forma Pauperis, according to the Prayer of the said Petition; and that Service of this Order on the Respondent's Clerk, or Attorney, in the said Court of Exchequer, be deemed good Service.

E. Sutherland et al. versus Grant and Duff.

Whereas, by Order of this House, of the Fifteenth of January last, James Grant of Grant and William Duff of Dipple were required to put in their Answer to the Petition and Appeal of John Earl of Sutherland, on the Behalf of himself and as Tutor to his Grandchildren, on or before the Twelfth Day of February following:

And the House being this Day moved, "That the Respondents may, by a certain Day, put in their Answer to the said Appeal;" but it not appearing that the said former Order was served:

It is Ordered, That the said Respondents 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 Fourteenth Day of November next; and that Service of this Order on the Respondents Agents, or Writers, in the Court of Session in Scotland, be deemed good Service.

Account of prohibited East India Goods and Naval Stores delivered.

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

They were called in; and delivered, at the Bar, pursuant to Two Acts of Parliament, several Papers.

And withdrew.

The Titles thereof were read, as follow:

"The Return of the Commissioners of the Customs, to the Right Honourable the Lords Spiritual and Temporal, with the Accounts of prohibited East India Goods and Naval Stores imported from Russia, from Michaelmas 1721, to Michaelmas 1722.

"No 1. An Account of prohibited East India Goods remaining in Warehouses at St. Hellen's at Michaelmas 1721; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1722."

"No 2. An Account of prohibited East India Goods remaining in Warehouses at Leadenhall, at Michaelmas 1721; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1722."

"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1721; with what was brought in since that Time, what exported, as also what remained at Michaelmas 1722."

"No 4. An Account of prohibited East India Goods remaining in the respective Warehouses in the Out Ports, at Michaelmas 1721; with what has been brought in since that Time, what exported, as also what remained at Michaelmas 1722."

"No 5. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1721, to Michaelmas 1722."

"No 6. An Account of Naval Stores imported from Russia, into the Ports commonly called the Out Ports, from Michaelmas 1721, to Michaelmas 1722."

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;

The Clerk of the Crown read the Title of the Bill to be passed, as follows:

Bill passed.

"An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

To which the Clerk Assistant, in the Absence of the Clerk of the Parliaments, pronounced the Royal Assent, in these Words; (videlicet,)

"Le Roy le veult."

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

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Mr. Collyer to enter into Recognizance for Eyre.

The House being moved, "That Jabez Collyer of Simmond's Inn Gentleman may be permitted to enter into a Recognizance for John Eyre Esquire, on Account of his Appeal depending in this House, to which Laughlin Daly Esquire is Respondent; the Appellant residing in Ireland:"

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

Bishop Rochester, Lord North & Grey, and Lord Boyle, continued in Custody.

The Lord Carteret acquainted the House, by His Majesty's Command, "That there having been just Cause to commit the Bishop of Rochester, the Lord North & Grey, and the Lord Boyle, for being engaged in traiterous Conspiracies against His Majesty's Person and Government; they have therefore, severally, been committed to The Tower of London, for High Treason, by Warrant from One of the Secretataries of State: His Majesty desires the Consent of this House, that the said Lords may be there detained, according to the Act of this present Parliament, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

And the Clause in the said Act, concerning the Imprisonment or Detaining of any Member of either House of Parliament, during the Sitting of such Parliament, being read;

And Debate had touching this Matter:

A Motion was made,

And the Question was put, "That this House does consent to the committing and detaining the said Bishop of Rochester, Lord North & Grey, and Lord Boyle; according to the Act, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

It was Resolved in the Affirmative.

Bp. Gloucester to preach 5th November.

Ordered, That the Lord Bishop of Glocester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on Monday the Fifth Day of November next.

Adjourn.

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

DIE Veneris, 19o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Sarum.
Epus. Exon.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Rutland.
Dux Roxburgh.
Dux Wharton.
March. Tweeddale.
Comes Exeter.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Warrington.
Comes Rochford.
Comes Sutherland.
Comes Selkirk.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Harborough.
Comes Coningesby.
Viscount Hereford.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Cornwallis.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

Vis. Tadeaster takes the Oaths.

This Day Henry Viscount Tadcaster came to the Table; and took the Oaths, and made and subscribed the Declaration, and subscribed the Oath of Abjuration, pursuant to the Statutes.

Stone et al. versus Byrne.

Upon reading the Petition and Appeal of Richard Stone Esquire, Catherine his Wife, James Bryan Esquire, Benjamin Wooly Esquire, Mary his Wife, and William Yeates Gentleman; complaining of several Decrees, or Orders, of the Court of Exchequer in Ireland, made the Fifth and Tenth Days of December and the Twentyninth of January 1718, the Seventeenth of February 1719, the First of June 1720, the Third of May and Twenty-sixth of June 1721, in a Cause wherein Walter Byrne Esquire was Plaintiff, and the Petitioners were Defendants; and praying, "That the same may be reversed, and the Plaintiffs Bill dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter Byrne 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 Three and Twentieth Day of November next; and that Service of this Order on the Respondents Attorney, or Agent, in the said Court of Exchequer, be deemed good Service.

Adjourn.

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

DIE Martis, 23o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Sarum.
Epus. Cestriens.
Epus. Asaphens.
Epus. Lincoln.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Tweeddale.
Comes Exeter.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Rochester.
Comes Scarbrough.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Teynham.
Ds. Cornwallis.
Ds. Lucas.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

E. of Sunderland takes his Seat.

This Day Robert Earl of Sunderland sat first in Parliament, upon the Death of his Father Charles Earl of Sunderland.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Robert Earl of Sunderland.

John Earl of Bristol.

John Lord Bishop of St. Asaph.

White Lord Bishop of Peterborough.

Anthony Lord Lucas.

Thomas Lord Montjoy.

Dr. Coote & al. versus Mammon & al.

This Day the Answer of John Mammon and Sarah his Wife, Jonathan Bruce and Mary his Wife, and Cathe rine Pritrich, to the Petition and Appeal of the Reverend Doctor Chidley Coote and James Godsell, was brought in.

Commissioners forfeited Estates versus Sir R. Grierson.

Upon reading the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, of the Twenty-third of February last, made on the Behalf of Sir Robert Grierson of Lagg; and praying, "That the same may be reversed; and that the Judgement and Decree given by the Petitioners the Two and Twentieth of October 1720 may be affirmed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Robert Grierson 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Delegates, be deemed good Service.

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

Upon reading the Petition and Appeal of Cadwallader Lord Blany, Baron of Monaghan in the Kingdom of Ireland, and Mary Lady Dowager Blany, Relict and Administratrix of William late Lord Blany, deceased; complaining of several Orders, or Decrees, made in the High Court of Chancery in the said Kingdom, the Sixth of February 1718, the Twenty-seventh of May, the Sixteenth of July, and Fifteenth of November, 1720, and the Order for confirming the Master's Report, the Decree made up and enrolled thereon, and an Order of the Thirtieth of March 1721, in a Cause there depending, wherein Nicholas Mahon Esquire and Eltanor his Wife were Plaintiffs, and the Petitioners and others were Defendants; and praying, "That the same, and all Proceedings thereupon, may be reversed or rectified:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Mahon and Elianor his Wife 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 Twenty-seventh Day of November next; and that Service of this Order on the Respondents Clerk in the said Court of Chancery in Ireland be deemed good Service.

Macartney & al. versus Arundell, alias Bellings, & al.

Upon reading the Petition and Appeal of James Macartney Senior and John Roberts Esquires, Executors of the last Will and Testament of Douglas Ludlow Widow, deceased, and James Macartney Junior and Michael Cuffe Esquires; complaining of several Orders and Decrees made in the High Court of Chancery in Ireland, the Fifteenth of June 1711, the Third of July and Eighth of November 1712, the Thirteenth of May 1714, the Fourth of May, the Twenty-fifth of June, and Fifth of July, 1716, the Eleventh of July and Twenty-fifth of November 1720, the Thirteenth of June and Third of August 1721, and the Fifth of May 1722, in the Causes following; (videlicet,) in a Cause wherein the said Douglas Ludlow Widow, and Francis Cuffe Esquire and the said James Macartney Junior, Minors, by their Guardians, were Plaintiffs, and Sir Richard Bellings, Dame Catherine Arthur, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, Margaret Arthur, Dorothy Arthur, and John Galway, were Defendants; and in one other Cause, wherein the said Sir Richard Bellings, Dame Catherine Arthur, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, Margaret Arthur, and Dorothy Arthur, were Plaintiffs, and the said Douglas Ludlow Widow, Francis Caffe, and James Macartney Junior, were Defendants; which Cause was afterwards revived, on the Death of the said Douglas Ludlow, against 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 Sir Richard Bellings, in the Name of his Executor Richard Arundell, alias Bellings, Esquire; and was also revived at the Death of the said Francis Cuffe, and on the Marriage of the said Dorothy Arthur with John Butler; and in a Cause wherein the said James Macartney Senior and John Roberts, and the said Francis Cuffe and James Macartney Junior, were Plaintiffs, and the said Sir Richard Bellings, Dame Catherine Arthur, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, Margaret Arthur, and Dorothy Arthur, were Defendants; which Cause was afterwards revived, on the Death of Sir Richard Bellings, against the said Richard Arundell, alias Bellings; and, on the Death of the said Francis Cuffe, was revived in the Name of the Petitioner Michael Cuffe, his Brother and Heir; and, on the Marriage of the said Dorothy with John Butler, against the said John and Dorothy; and praying, "That the same, and all Proceedings thereupon, may be reversed or rectified; and that the Petitioners may be relieved in the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Arundell, alias Bellings, Dame Catherine Arthur, Daniel Arthur Smith, John Arthur, Elizabeth Arthur, Margaret Arthur, and the said John Butler and Dorothy his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Twenty-seventh Day of November 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.

Gould to enter into Recognizance for Macartney & al.

The House being moved, "That Nathaniel Gould of Broad-street London Esquire may be permitted to enter into a Recognizance for the said James Macartney Senior, John Roberts, Esquires, and others, on account of their said Appeal; they residing in Ireland:"

It is Ordered, That the said Nathaniel Gould may enter into a Recognizance for the said Appellants, as desired.

Haldane and Dundas versus Dear and Faculty of Advocates & al.

A Petition and Appeal of Mr. Patrick Haldane Advocate, in his own Behalf, and Robert Dundas Esquire, His Majesty's Advocate for Scotland, in Behalf of the Crown, was presented to the House, and read; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Twenty-eighth of December, the Twenty-sixth of January, and Eighth of June last, upon a Representation of the Dean and Faculty of Advocates, and the Principal Clerks of Session there; and praying Relief:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Matter of the said Appeal be taken into Consideration on Friday next; and the Lords to be summoned, with Notice of the Occasion.

Commissioners forfeited Estates versus E. Kinnoul and his Son.

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

And a Question arising, "Whether the said Appeal be presented within the Time limited by the Act of Parliament ascertaining the Time in which Appeals from the Delegates shall be brought?"

The Lords following were appointed a Committee, to consider of the said Appeal; and report their Opinion thereupon to the House:

Ld. President.
L. Privy Seal.
L. Steward.
D. Grafton.
D. Rutland.
D. Montrose.
D. Roxburgh.
D. Wharton.
M. Tweeddale.
E. Exeter.
E. Scarsdale.
E. Clarendon.
E. Litchfield.
E. Yarmouth.
E. Rochester.
E. Scarbrough.
E. Sutherland.
E. Selkirk.
E. Orkney.
E. Stair.
E. Deloraine.
E. Ilay.
E. Ferrers.
E. Strafford.
E. Uxbridge.
E. Bristol.
E. Sussex.
E. Cowper.
E. Cadogan.
V. Say & Seale.
V. Townshend.
V. St. John.
V. Cobham.
V. Harcourt.
L. Abp. York.
L. Bp. Durham.
L. B. Sarum.
L. B. Chester.
L. B. Lincoln.
L. B. Exeter.
L. B. Peterborough.
L. B. Bristol.
L. B. Glocester.
L. Carteret.
L. Delawar.
L. Teynham.
L. Cornwallis.
L. Lucas.
L. Craven.
L. Osborne.
L. Guilford.
L. Waldegrave.
L. Ashburnham.
L. Weston.
L. Herbert.
L. Gower.
L. Montjoy.
L. Trevor.
L. Foley.
L. Bathurst.
L. Romney.
L. Newburgh.
L. Lechmere.

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

Abercrombie versus Innes and Donaldson.

Upon reading the Petition and Appeal of Alexander Abercrombie of Glashaugh Esquire, for himself and other Creditors of Alexander Wilson of Littlefield, deceased; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Eighteenth of February 1715, the Twenty-ninth of November and First of December 1719, made on the Behalf of John Innes of Knockorth, and Lewis Donaldson Writer in Edinburgh; and praying, "That the same may be reversed; and that the Interlocutor of the Day of January 1715, and the Affirmance thereof of the Twenty-ninth of the same January, may be affirmed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Innes and Lewis Donaldson 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondents Agent, or Writer, in the said Court of Session, be deemed good Service.

Mckenzie & al. versus Mackilligins.

Upon reading the Petition and Appeal of Mr. Kenneth M'kenzie, Brother of George M kenzie of Balmuckie, Roderick M'kenzie Younger of Reidcastle, Lewis M'kenzie his Brother, Roderick M'kenzie of Killcovie, John Chisholm of Knocksin, and Archibald his Brother; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-eighth of July 1721, and the Twenty-third of February One Thousand Seven Hundred Twenty-onetwo, and the Affirmances thereof, the Twenty-fourth and Thirty-first of July 1722, in a Cause wherein Mr. Daniel and Mr. John Mackilligins were Plaintiffs, and the Petitioners were Desendants; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Daniel and John Mackilligins 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondents Agent, or Writer, in the said Court of Session, be deemed good Service.

Watson to enter into Recognizance for Sweet.

The House being moved, "That Hugh Watson of The Middle Temple Gentleman may be permitted to enter into a Recognizance for Stephen Sweet Esquire, on Account of his Appeal depending in this House, to which Alexander Anderson Esquire is Respondent; the Appellant being infirm, and residing in Ireland:"

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

Mcpherson versus Mcpherson.

Upon reading the Petition and Appeal of James M'pherson Younger of Killiebuntlie; complaining of several Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Thirteenth, Twenty-eighth, and Twenty-ninth Days of July, 1721, and Ninth of February last, made on the Behalf of John M'pherson of Dallrady; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John M'pherson 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 Tuesday the Twentieth Day of November next; and that Service of this Order on the Respondent's Agent, or Writer, in the said Court of Session, be deemed good Service.

Vinton & al. versus Edgcomb.

Upon reading the Petition and Appeal of Archilaus Vinton, William Trott, John Lavers, Samuel Fry, John Body, and, Executors of Mathew Dann, deceased; complaining of a Decree of the Court of Exchequer, made the Eighth Day of December 1718, and a Report the Twenty-fourth of July 1719, and an Order of Confirmation thereof in Michaelmas Term in the said Year, in a Cause wherein John Edgcomb Gentleman was Plaintiff, and the Petitioners were Defendents; and praying, "That the same may be reversed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Edgcomb 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 Tuesday the Sixth Day of November next; and that Service of this Order on the Respondent's Clerk, or Attorney, in the said Court of Exchequer, be deemed good Service.

Collier to enter into Recognizance for Stone.

The House being moved, "That Jabez Collier of Simmond's Inn Gentleman may be permitted to enter into a Recognizance for Richard Stone Esquire, Catherine his Wife, and others, on Account of their Appeal depending in this House, to which Walter Byrne Esquire is Respondent; the Appellants residing in Ireland."

It is Ordered, That the said Jabez Collier may enter into a Recognizance for the said Appellants, as defired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Octobris, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 26o Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. Dunelm.
Epus. Winton.
Epus. Sarum.
Epus. Hereford.
Epus. Cestriens.
Epus. Asaphens.
Epus. Lincoln.
Epus. Exon.
Epus. Litch. & Cov.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Epus. Cicestriens.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Roxburgh.
Dux Wharton.
March. Tweeddale.
Comes Exeter.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Anglesey.
Comes Carlisle.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Scarbrough.
Comes Rochford.
Comes Sutherland.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Bristol.
Comes Sussex.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Comes Coningesby.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Delawar.
Ds. Compton.
Ds. Teynham.
Ds. Brooke.
Ds. Cornwallis.
Ds. Craven.
Ds. Osborne.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Hay.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes:

Charles Earl of Carlisle.

Charles Earl of Radnor.

James Lord Compton.

William Lord Brooke.

Commissioners forfeited Estates versus E. Kinnoul and his Son.

The Earl of Clarendon reported from the Lords Committees to whom the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates, complaining of a Decree of the Court of Delegates in Scotland, made on the Behalf of George Earl of Kinnoul and Mr. Robert Hay his Second Son, was referred: "That the Committee have perused the said Petition and Appeal; and find, the same complains of a Decree of the Court of Delegates in Scotland, made the Second Day of February last: Their Lordships thereupon caused a Clause in an Act of Parliament, of the Sixth Year of His present Majesty, to be read, whereby it is provided, "That every Decree of the said Court of Delegates shall remain final, in case Thirty Days, on any of which Days Petitions for reversing or amending the Decrees of the Courts of Scotland may be presented, shall elapse without such Petitions being presented, either by the said Commissioners and Trustees, or by the Claimants." And in regard the said Appeal was not presented within the Time limited by the said Act, the Committee are of Opinion the same ought not to be further proceeded in."

Which Report, being read by the Clerk, was agreed to by the House.

And the following Order was made; (videlicet,)

"Upon Report from the Lords Committees to whom the Petition and Appeal of the Commissioners and Trustees of the forfeited Estates; complaining of a Decree of the Court of Delegates in Scotland, made on the Behalf of George Earl of Kinnoul and Mr. Robert Hay his Second Son, was referred: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, rejected."

D. of Norfolk to be committed, on a Suspicion of Treason.

The Lord Viscount Townshend acquainted the House, (by His Majesty's Command) "That His Majesty, having just Cause to suspect that the Duke of Norfolk is engaged in the traiterous Conspiracy now carrying on against His Majesty's Person and Government, has caused the said Duke to be apprehended; and His Majesty desires the Consent of this House, that the said Duke may be committed and detained, on Suspicion of High Treason, according to the Act passed in this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

Then it was proposed, "That the Consent of this House be given, that the said Duke may be committed and detained accordingly."

And a Debate arising thereupon:

The Clause in the said Act, concerning the Imprisonment or detaining of any Member of either House of Parliament, during the Sitting of such Parliament:

As also, the Proceedings out of the Journals of this House, in November 1689, relating to the Commitment of the Lord Griffin:

Together with the Proceedings in November 1692, relating to the Earl of Huntingdon and the Earl of Marlborough; being read:

The Question was put, "That this House does consent to the committing and detaining Thomas Duke of Norfolk, on Suspicion of High Treason, pursuant to the Act passed in this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Anglesey.

"1st, Because we apprehend it to be One of the ancient undoubted Rights and Privileges of this House, that no Member of the House be imprisoned or detained, during the Sitting of Parliament, upon Suspicion of High Treason, until the Cause and Grounds of such Suspicion be communicated to the House, and the Consent of the House thereupon had to such Imprisonment or Detainer; which ancient Right and Privilege is recognized and declared, in plain, express, and full Terms, in the Act passed this Session of Parliament, to which the Message from His Majesty refers.

"2dly, Because it appears clear to us, not only from former Precedents, even when no such Law was in Being as that abovementioned, but also from the necessary Construction of the Proviso therein, concerning the Privileges of Parliament, that the House is entitled to have the Matter of the Suspicion communicated to them, in such Manner as is consistent with the Dignity of the House, and will enable them to deliberate, and found a right Judgement thereupon, for or against the Imprisonment or Detainer of the Person concerned. But to maintain, "That, whilst that Law shall be in Force, it shall be sufficient, in order to obtain the Consent of the House, to communicate a general Suspicion that a Member of the House is concerned in a traiterous Conspiracy, without disclosing any Matter or Circumstance to warrant such Suspicion," is, in our Opinions, an unjustifiable Construction of the said Proviso, and such as wholly deprives the House of the Liberty of giving their free and impartial Advice to the Throne on this Occasion; and such a Construction being made upon a Law, so plainly intended by the Wisdom of this Parliament to assert the Privileges of both Houses, appears to us to pervert the plain Words and Meaning of it, in such Manner as renders it wholly destructive of those very Privileges intended to be preserved.

"3dly, Because, His Majesty having in Effect required the Judgement and Advice of the House, touching the Imprisonment and Detainer of the Duke of Norfolk; we ought not, as we conceive, either in Duty to His Majesty, or in Justice to the Peer concerned, to found our Opinions concerning the same on any Grounds other than such only as His Majesty has been pleased to communicate in this Message. And His Majesty, by His Message, having communicated only a general Suspicion; we think we cannot, without the highest Injustice to the Duke, and the most palpable Violation of one of the most valuable Privileges belonging to every Member of this House, give our Consent to his Imprisonment or Detainer; and thereby make ourselves Parties to, and in some Degree the Authors of, such his Imprisonment, until we have a more particular Satisfaction touching the Matters of which he stands suspected; more especially considering the long and unprecedented Duration of the Act abovementioned; whereby the Benefit not only of the Act commonly called the Habeas Corpus Act, but of Magna Charta itself, and other valuable Laws of Liberty, are taken from the Subjects of this Realm, and extraordinary Powers are given to the Persons therein mentioned, over the Liberties of the People, for a Twelve-month and upwards.

"4thly, Because we think it is inconsistent, as well with the Honour and Dignity, as with the Justice of this House, in the Case of the meanest Subjects, to come to Resolutions for depriving them of their Liberty, upon other than clear and satisfactory Grounds: But, as the Members of both Houses of Parliament are, by the Laws and Constitution of this Kingdom, invested with peculiar Rights and Privileges, of which the Privilege beforementioned is a most essential one, as well for the Support of the Crown itself, as for the Good and Safety of the whole Kingdom; we cannot, as we conceive, without betraying those great Trusts which are reposed in us as Peers of this Realm, agree to a Resolution, which tends, in our Opinion, to subject every Member of this House, even sitting the Parliament, to unwarrantable and arbitrary Imprisonments: And we have the greater Reason to be jealous of the Infringement of this Privilege on this Occasion, because it had been easy, as we think, for those who had the Honour to advise the framing the said Message, to have communicated to this House the Matter of which the Duke of Norfolk stands suspected, in such a Manner as might be consistent with the Privileges of this House, and at the same Time to have avoided any Danger or Inconvenience to the Crown with regard to the future Prosecution of the said Duke, if any such shall be.

"5thly, It is the known Usage and Law of Parliament, that this House will not permit any Peer to be sequestered from Parliament, on a general Impeachment of the Commons, even for High Treason, till the Matter of the Charge be specified in Articles exhibited to this House; which explains to us the Nature of the Privilege intended to be secured by the Proviso, and is the highest Instance of the Care of this House to preserve it from being violated on any Pretence whatsoever: But, in our Opinions, it must create the greatest Inconsistence and Repugnancy in the Proceedings of the House, to consent that a Peer of the Realm should be imprisoned or detained, sitting the Parliament, on a Suspicion of High Treason only, not warranted, for aught appears to us, by any Information given against him upon Oath, or otherwife, and no particular Circumstance of such Suspicion being communicated to the House.

"6thly, Because a Resolution so ill grounded, as this appears to us, may produce very ill Effects, in the present unhappy Conjuncture of Affairs, by creating fresh Jealoufies in the Minds of His Majesty's Subjects; who cannot fail of entertaining certain Hopes of the Safety of His Majesty's Person and Government, against all His Enemies, from the Advice and Assistance of both Houses of Parliament, whilst they continue in the full Enjoyment and free Exercise of their ancient and legal Rights and Privileges; but, on the other Hand, may be alarmed with new Fears for the Honour and Safety of His Majesty and His Government, by a Resolution taken by this House for the Imprisonment of a Peer of the Realm, in such Manner as, in our Opinions, is highly injurious to his Person, and also to the Privilege of every other Peer of this Realm, and which may prove of fatal Consequence to the Constitution of both Houses of Parliament.

"W. Ebor.
Scarsdale.
Strafford.
Bathurst.
Fran. Cestriens.
Foley.
Trevor.
Compton.
Bristol.
Uxbridge.
Lechmere.
Osborne.
Ashburnham.
Hay.
Bingley.
Cowper.
Oxford.
Guilford.
Hereford."

Haldane and Dundas versus Dean and Faculty of Advocates & al.

The Order of the Day, for taking into Consideration the Petition and Appeal of Mr. Patrick Haldane Advocate on his own Behalf, and Robert Dundas Esquire His Majesty's Advocate for Scotland, in Behalf of the Crown; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, upon a Petition presented in the Name of the Dean and Faculty of Advocates, and upon a Petition of the Six Principal Clerks of Session there, being read:

It is Ordered, That the Matter of the said Appeal be taken into Consideration on Thursday next; and the Lords to be summoned, with Notice of the Occasion.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Novembris jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.