House of Lords Journal Volume 22
May 1723, 21-31

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History of Parliament Trust

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Year published

1767-1830

Pages

207-220

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'House of Lords Journal Volume 22: May 1723, 21-31', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 207-220. URL: http://british-history.ac.uk/report.aspx?compid=113786 Date accessed: 18 April 2014. Add to my bookshelf


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May 1723, 21-31

DIE Martis, 21o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Sarum.
Epus. Hereford.
Epus. Cestrien.
Epus. St. Asaph.
Epus. Exon.
Epus. Carlisle.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Devon.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Manchester.
Dux Dorset.
Comes Huntingdon.
Comes Lincoln.
Comes Exeter.
Comes Leicester.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Berkshire.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Carlisle.
2.Comes Litchfield.
1.Comes Yarmouth.
Comes Radnor.
Comes Berkeley.
Comes Scarborough.
Comes Warrington.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Ilay.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Aylesford.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Hereford.
Viscount Say & Sele.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Willoughby Eres.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Broke.
Ds. Hunsdon.
Ds. Compton.
Ds. Berkeley Stratton.
Ds. Cornwallis.
Ds. Arundell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert Cher.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Romney.
Ds. Newburgh.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Ivie versus Gilbert.

This Day the Answer of Daniel Pomeroy, One of the Respondents to the Petition and Appeal of John Ivie Esquire, was brought in.

Message from H C. with a Bill.

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

With a Bill, intituled, "An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned, for Money Subscriptions; and for other the Purposes therein mentioned;" to which they desire the Concurrence of this House.

Dutch Dowager of Hamilton versus D. of Hamilton and Gillyes:

After hearing Counsel, upon the Petition and Appeal of Elizabeth Dutchess Dowager of Hamilton and Brandon; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the Twentyfifth of January last, in a Cause wherein James Duke of Hamilton and Brandon and Alexander Gillyes were Plaintiffs, and the Appellant Defendant; and praying, "That the same may be reversed, and the Appellant quieted in the Possession as well of the Woods as Lands settled upon the Appellant in Jointure; and that the Respondents may be enjoined from cutting and disposing of the said Woods:" As also upon the Answer of the said Duke and Alexander Gillyes put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory Sentence, or Decree, be, and is hereby, reversed.

Tax on Papists, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by laying a Tax upon Papists; and for making such other Persons as, upon due Summons, shall refuse or neglect to take the Oaths therein mentioned, to contribute towards the said Tax, for reimbursing to the Public Part of the great Expences occasioned by the late Conspiracies; and for discharging the Estates of Papists from the Two Third Parts of the Rents and Profits thereof for One Year, and all Arrears of the same, and from such Forfeitures as are therein more particularly described."

After some Time spent therein, the House was resumed.

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

Ordered, That the said Bill be read a Third Time To-morrow, at Eleven a Clock; and the Lords to be summoned.

Persons going armed in Disguise, to punish, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice."

After some Time spent therein, the House was resumed.

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

Then, Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual punishing wicked and evildisposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice."

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

It was Resolved in the Affirmative.

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

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

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

Lords of Manors to recover their Fines, Bill.

The House (according to Order) resumed the further Consideration of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases," was committed.

And the remaining Amendments, being read a Second Time by the Clerk, were severally disagreed to.

And the following Amendments were made, by the House, to the Bill.

"Press 1st, L. 23. Leave out ["where"], and insert ["be entitled by Descent, or Surrender to the Use of a last Will to be admitted Tenant or Tenants of"].

"L. 26. Leave out from ["Wales"] to ["they"], in the 30th Line of the same Press.

Customs, and Tobacco Duties, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling His Majesty to put the Customs of Great Britain under the Management of One or more Commissions; and for better securing and ascertaining the Duties on Tobacco; and to prevent Frauds in exporting Tobacco, and other Goods and Merchandizes, or carrying the same Coastwise."

After some Time spent therein, the House was resumed.

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

Claims on Estates vested in Trustees S. S. Company, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned for Money Subscriptions; and for other the Purposes therein mentioned."

Adjourn.

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

DIE Mercurii, 22o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Sarum.
Epus. Hereford.
Epus. Cestrien.
Epus. St. Asaph.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Dux Kingston, C. P. S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Devon.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Dorset.
Comes Huntingdon.
Comes Lincoln.
Comes Exeter.
Comes Leicester.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Berkshire.
Comes Peterborow.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Rochford.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Cowper.
Comes Cadogan.
Comes Harborough.
Comes Pomfret.
Viscount Hereford.
Viscount Say & Sele.
Viscount Townshend.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Er.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Compton.
Ds. Cornwallis.
Ds. Arundell.
Ds. Waldgrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Lords of Manors to recover then Fines, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Borret and Mr. Edwards:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto they desire their Concurrence.

Inhabitants of St. George, Southwark, against Minters Bill.

A Petition of the Officers, Vestrymen, and other ancient Inhabitants, of the Parish of St. George the Martyr, in Southwark, in the County of Surrey; praying to be heard, by their Counsel, before the passing of the Bill for taking away the pretended Privileges of The Mint, was presented to the House, and read.

And ordered to be rejected.

Claims on Estates vested in Trustees S. S. Company, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned, for Money Subscriptions; and for other the Purposes therein mentioned."

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

Customs and Tobacco Duties, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to put the Customs of Great Britain under the Management of One or more Commissions; and for better securing and ascertaining the Duties on Tobacco; and to prevent Frauds in exporting Tobacco and other Goods and Merchandizes, or carrying the same Coastwise."

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

It was Resolved in the Affirmative.

Minters, Southwark, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectual Execution of Justice, in a pretended privileged Place, in the Parish of St. George, in the County of Surrey, commonly called The Mint; and for bringing to speedy and exemplary Justice such Offenders as are therein mentioned; and for giving Relief to such Persons as are proper Objects of Charity and Compassion there."

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

It was Resolved in the Affirmative.

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

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

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

Message from thence, to return Harcourt's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Sir Richard Anderson Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

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

Tax on Papists, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by laying a Tax upon Papists; and for making such other Persons as, upon due Summons, shall refuse or neglect to take the Oaths therein mentioned, to contribute towards the said Tax, for reimbursing to the Public Part of the great Expences occasioned by the late Conspiracies; and for discharging the Estates of Papists from the Two Third Parts of the Rents and Profits thereof for One Year, and all Arrears of the same, and from such Forfeitures as are therein more particularly described."

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Bingley.
Uxbridge.
Litchfield.
Strafford.
Scarsdale.
Cowper.
Gower.
Montjoy.
Weston.
Hay.
Foley.
Ashburnham.
Pomfret.
Coventry.
Bathurst.
Tadcaster.
Lechmere.
W. Duresme.
Fran. Cestriens.
Willoughby Broke."

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

A Message was sent to the House of Commons, by Mr. Borret and Mr. Edwards:

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

Message from H. C. to return the Bill for repairing Gloucester Highways.

A Message from the House of Commons, by Sir John Guise and others:

To return the Bill, intituled, "An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Lords of Manors to recover their Fines, Bill.

A Message from the House of Commons, by Sir W'm Barker and others:

To return the Bill, intituled, "An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

L. Lovat versus Mackenzie:

After hearing Counsel, upon the Petition and Appeal of Simon Lord Lovat; complaining of Two Interlocutory Sentences, or Decrees, of the Lords of Session in Scotland, of the Twenty-fourth of February One Thousand Seven Hundred Twenty-two, and Eleventh of December last, made on the Behalf of Hugh Mackenzie; and praying, "That the same may be reversed:" As also upon the Answer of Hugh Master of Lovat, Heir of Tailzie and Fiar of the Estate and Lordship of Lovat, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory Sentences, or Decrees, complained of in the said Appeal, be, and the same are hereby, reversed.

Adjourn.

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

DIE Jovis, 23o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. St. Asaph.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Wharton.
Comes Huntingdon.
Comes Lincoln.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Scarsdale.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Rochford.
Comes Coventry.
Comes Sutherland.
Comes Buchan.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Viscount Saye & Sele.
Viscount Townshend.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Torington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Percy.
Ds. Clinton.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

Papists Registry, in Scotland, Bill.

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

With a Bill, intituled, "An Act to oblige Persons being Papists, in that Part of Great Britain called Scotland, and all Persons in Great Britain refusing or neglecting to take the Oaths appointed for the Security of His Majesty's Person and Government, by several Acts therein mentioned, to register their Names and Real Estates;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time; and ordered to be read a Second Time To-morrow.

Report on Mr. Maxwell's Pet. touching Costs.

The Earl of Yarmouth reported from the Lords Committees appointed to consider of the Petition of Charles Maxwell of Cowhill Esquire and Janet his Wife; complaining, "That the Lords of Session in Scotland have not caused the Petitioners Expences and Damages to be taxed, in the Suit between the Petitioners and George Sharp of Hoddam Advocate, pursuant to the Order and Judgement of this House, of the Tenth of May 1721: That the Committee have considered the said Petition, to them referred; and in that Consideration were attended by the Parties on both Sides, as also their Agents: And, having heard, and considered, what was by them offered; and likewise considered the Regulations in Cases where Defendants are litigious; according to which, the Expences and Damages of the Petitioners, by the Order and Judgement of this House abovementioned, were directed to be taxed; the Committee, in the First Place, were of Opinion, the Petitioners were not entitled to any Allowance in respect of what was claimed for Interest for their Costs sustained in the Court of Session, in the Suits between the Petitioners and the said Mr. Sharp; nor likewise to any Allowance of Costs, in respect of their Appeal to this House; nor any Allowance for Damages for Loss of Time.

"The Committee, in the next Place, think proper to acquaint your Lordships, That a Copy of the Petitioners Bill of Costs, which was exhibited to the Lords of Session, was laid before the Committee; who proceeded to consider the respective Articles thereof, with due Regard to the Direction contained in the said Order or Judgement, on hearing the Petitioners Appeal: And having gone through the whole Accompt, and heard as well the Parties themselves as their Agents, were further of Opinion, in regard the Petitioners, in divers Particulars in their said Bill of Costs, had made extravagant Demands, they ought not to be allowed any Costs in respect of the Taxation of their Costs: And their Lordships, in going through the said Accompt, did adjust and ascertain the Costs they conceive ought to have been allowed in respect of several Articles charged by the Petitioners, some of which were disallowed by the Lords of Session, and others concerning which the said Lords had made no Determination: And having so done, the Committee did then cause the several Articles approved of to be cast up, which amount in the Whole to the Sum of Six Hundred and Forty Pounds; which Sum, the Committee conceive, the Petitioners are entitled to; and are of Opinion, the same ought to be forthwith paid to them, by the said Mr. Sharp."

It is Ordered, That the said Report be taken into Consideration To-morrow.

Mill & al. versus Col. Reid & al.

After hearing Counsel, upon the Petition and Appeal of Alexander Mill of Hatton, William Ross, David Butter, Baillies of the Town of Montross, for themselves and the other Magistrates and Council of the said Town; complaining of the Interlocutory Orders of the Lords of Session in Scotland, of the Eighth and Nineteenth of January last, in a Cause wherein Colonel Robert Reid, James Couts, George Morrison, James Smith, John Adam, John Hutchson, John Couts, Alexander Strachan of Tarry, Robert Ramsay, Robert Reid, and David Buchannan, were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Colonel Robert Reid and the other Plaintiffs put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutory Order of the Eighth of January, therein complained of, be, and the same is hereby, affirmed: And it is further Ordered and Adjudged, That the said Interlocutory Order of the Nineteenth of the same January, whereby the said Lords of Session found, "That Logie's Privilege could not stop the Pursuers from insisting in that Reason of Reduction of the Election of the other Members, that Logie unwarrantably imprisoned some of the Members of the Council, during the Election," be, and the same is hereby, affirmed: And as to the Second Interlocutory Order of the same Date, it is further Ordered and Adjudged, That it is relevant to annull the Election of the other Members that Logie unwarrantably imprisoned some of the Members, of the Council, during the Time of the Election, with an Intention to prevent their giving their Votes at that Election; and, with this Variation and Addition, the same last mentioned Interlocutor is hereby affirmed.

Coinage Bill.

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

With a Bill, intituled, "An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates and Debentures for Arrears due to Five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock Salt lost on the Rivers Weaver and Mercy; and for limiting the Times for Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land Tax in the Year One Thousand Seven Hundred Twenty-three;" to which they desire the Concurrence of this House.

Then the said Bill was read the First Time; and ordered to be read a Second Time To-morrow Morning.

Claims on Estates vested in Trustees, S. S. Company, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned, for Money Subscriptions; and for other the Purposes therein mentioned."

After some Time spent therein, the House was resumed.

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

Aberdeen Records, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eighth Year of His Majesty's Reign, intituled, An Act for supplying the Records of the Commissary Court of Aberdeen, burnt or lost in the late Fire there."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Borret:

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

Ivie versus Gilbert:

Whereas Monday next is appointed, for hearing the Cause wherein John Ivie Esquire is Appellant, and John Gilbert Senior Esquire and John Gilbert Junior his Son, an Infant, and Daniel Pomeroy, are Respondents:

The House being informed, "That the Parties defired that the Hearing thereof may be put off to the next Session:"

They were called in.

And severally consenting to the putting off the said Hearing;

And being withdrawn:

Hearing put off.

It is Ordered, That the Hearing the said Cause be adjourned to the next Session, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 24o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Sarum.
Epus. St. Asaph.
Epus. Exon.
Epus. Carliol.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Dux Kingston, C. P.S.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Roxburgh.
Dux Kent.
Dux Wharton.
Comes Huntingdon.
Comes Lincoln.
Comes North'ton.
Comes Warwick.
Comes Westmorland.
Comes Ber'shire.
Comes Anglesey.
Comes Yarmouth.
Comes Scarborough.
Comes Sutherland.
Comes Loudoun.
Comes Findlater.
Comes Stair.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Cowper.
Comes Pomfret.
Viscount Say & Sele.
Viscount Townshend.
Viscount Tadcaster.
Viscount Falmouth.
Viscount Harcourt.
Ds. Willoughby Er.
Ds. Clinton.
Ds. Cornwallis.
Ds. Lynne.
Ds. (fn. 1) Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Montjoy.
Ds. Bathurst.
Ds. Onslow.

PRAYERS.

Maxwell versus Sharp.

The House (according to Order) took into Consideration the Report from the Lords Committees appointed to consider of the Petition of Charles Maxwell of Cowhill Esquire and Janet his Wife; complaining, "That the Lords of Session in Scotland have not caused the Petitioners Expences and Damages to be taxed, in the Suit between the Petitioners and George Sharp of Hoddam Advocate, pursuant to the Order and Judgement of this House the Tenth of May 1721."

And the same, being read by the Clerk, was agreed to by the House.

And the following Order was made:

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Sharp do forthwith pay, or cause to be paid, to the said Charles Maxwell and Janet his Wife, the Sum of Six Hundred and Forty Pounds, pursuant to the said Report."

Gayer versus E. of Anglesey & al.

After hearing Counsel, upon the Petition and Appeal of Robert Gayer Esquire, Eldest Son of Sir Robert Gayer, late of Stoke Pogis, in the County of Bucks, Knight of the Bath, deceased, and of Robert Gayer Junior Esquire, the only Son of the said Robert Gayer, and Grandson of the said Sir Robert Gayer; complaining of so much of a Decretal Order of the High Court of Chancery, made the Twenty-sixth of February in the Fourth Year of Her late Majesty's Reign; and of an Order of the Twentyfifth of October in the said Year, in Three several Causes there depending; in One of which, the Appellant Robert Gayer, James Gayer, Elizabeth Gayer, Edward Gayer, and Anne Gayer, Sons and Daughters of the Appellant Robert Gayer, the Son and Heir of the said Sir Robert Gayer, deceased, and Henry Gayer Youngest Son of the said Sir Robert Gayer, Thomas Gayer, and William Gayer, his Second and Third Sons by Dame Mary his First Wife, and James Gayer and Edward Gayer his Sons by the Lady Christian Gayer his Widow and Relict, were Plaintiffs, and William Lloyd Doctor in Divinity, Roger North, and James Smith, the Executors and Trustees of the said Sir Robert Gayer's last Will, and the Appellant Robert Gayer Son and Heir of the said Sir Robert Gayer, deceased, were Defendants; and in one other of the said Causes, the said Lady Christian Gayer, James Gayer, and Edward Gayer, Infants, by the Lady Christian their Mother and prochein Amie, were Plaintiffs, and the said William Lloyd, Roger North, James Smith, and Robert Gayer, were Defendants; and in the other of the said Causes, the said William Lloyd, Roger North, and James Smith, were Plaintiffs, and the said Robert Gayer Esquire, the Lady Christian Gayer, and James Gayer and Edward Gayer, Infants, and Robert, James, Edward, Elizabeth, Anne, and Mary Gayer, Children of the said Robert Gayer the Father, were Defendants; as directs the Estate at Stoke, in the Pleadings of the said Causes mentioned, to be settled; and praying, "That the same may be reversed; and that the said Premises of Stoke may be now sold, according to the Testator's Will, and the First Decretal Order, made the Ninth of December in the Third Year of Her said late Majesty's Reign; and that, until a convenient Sale can be made, Arthur Earl of Anglesey, the surviving Trustee, may be enabled, with the Approbation of the Master, to mortgage the Premises:" As also upon the Answers of the said Thomas Gayer, James Gayer, and Edward Gayer, and Arthur Earl of Anglesey, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the Decretal Order of the Twenty-fixth of February Quarto Annæ Reginæ, and of the Order of the Twenty-fifth of October 1706, as directs the Capital Messuage at Stoke Pogis, with the Manor, Park, and other the Lands, Tenements, and Hereditaments there, to be settled, be, and the same are hereby, reversed: And it is further Ordered and Adjudged, That the said Premises be sold, according to the Testator's Will, and the First Decretal Order of the Ninth of December Tertio Annæ Reginæ and the Money arising by the Sale thereof be disposed and applied according to the said Will and Order; and that, until a convenient Sale can be made, the Respondent the Earl of Anglesey, the furviving Trustee, be enabled, with the Approbation of the Master, and under the Direction of the Court of Chancery, to mortgage the Premises, towards raising the Money charged thereupon, or so much thereof as from Time to Time shall be requisite to be raised.

L. Lynne introduced:

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to order a Writ of Summons to Charles Townshend Esquire, Eldest Son of Charles Lord Viscount Townshend, by the Name of Charles Townshend, de Lynne Regis, in the County of Norfolk, Chevalier, to sit and attend in Parliament; and that such Writ had accordingly passed the Great Seal; and that his Lordship was without, ready to be introduced."

Then Charles Lord Lynne was, in his Robes, introduced, between the Lord Clinton and the Lord Cornwallis (also in their Robes); the Gentleman Usher of the Black Rod, Garter King of Arms, the Lord Willoughby of Eresby (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), and the Earl of Berkshire Deputy Earl Marshal, preceding.

His Lordship presented his Writ to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it to the Clerk; and the same was read, as follows; (videlicet,)

His Writ of Summons.

"Georgius, Dei Gratia, Magn. Britan. Franc. & Hib'niæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Nostro Carolo Townshend, de Lynne Regis, in Com. Nostro Norfolc. Chev. Salutem. Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magnæ Britann. & Ecclesiæ concernentibus, apud Civitatem Nostram Westm. nunc congregatum existit; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate et Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; et hoc ficut Nos & Honorem Nostrum, ac Salvationem et Defensionem Regni & Ecclefiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. Vicesimo Secundo Die Maii, Anno Regni Nostri Nono.

"Wrighte."

Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the Barons Bench, next below the Lord Cornwallis, and above the Lord Lucas of Crudwell.

Papists Registry in Scotland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to oblige all Persons, being Papists, in that Part of Great Britain called Scotland, and all Persons in Great Britain refusing or neglecting to take the Oaths appointed for the Security of His Majesty's Person and Government, by several Acts therein mentioned, to register their Names and Real Estates."

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 a Committee upon the said Bill.

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

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

Coinage Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates and Debentures for Arrears due to Five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land Tax in the Year One Thousand Seven Hundred Twenty-three."

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

Claims on Estates vested in Trustees S. S. Company, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned, for Money Subscriptions; and for other the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Borret and Mr. Lovibond:

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

Adjourn.

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

DIE Sabbati, 25o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Exon.
Epus. Carliol.
Epus. Bristol.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Grafton.
Dux Bolton.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Wharton.
Dux Bridgewater.
Comes Huntingdon.
Comes Lincoln.
Comes North'ton.
Comes Westmorland.
Comes Cardigan.
Comes Anglesey.
Comes Litchfield.
Comes Yarmouth.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Strafford.
Comes Bristol.
Comes Cadogan.
Comes Harborough.
Viscount Say & Sele.
Viscount Townshend.
Viscount Falmouth.
Viscount Harcourt.
Ds. Clinton.
Ds. Gower.
Ds. Herbert.
Ds. Hay.
Ds. Montjoy.
Ds. Onslow.

PRAYERS.

Ld. Somerville's Petition to the King, and His Majesty's Reference, referred to Committee of Privileges.

The Lord Viscount Townshend (by His Majesty's Command) presented to the House a Petition of James Lord Somerville, with His Majesty's Reference thereupon.

Which was read, and is as follows; videlicet,

"To the King's most Excellent Majesty.

"The humble Petition of James Lord Somerville;

"Humbly sheweth,

"That Hugh Lord Somerville, who sat in the Parliament of Scotland in Anno 1587, and died in Anno 1597, left only Two Sons; videlicet, Gilbert, afterwards Lord Somerville, who succeeded him, and Hugh your Petitioner's Ancestor.

"The said Gilbert Lord Somerville died in Anno 1618, leaving Issue Two Daughters, Mary and Margaret; the Eldest of which married William Douglass of Pumpherston, by whom the had Issue only One Son Joseph, afterwards Sir Joseph, who, not many Years ago, died without Issue; the Second Daughter married Mr. Colquhon of Balvie, who died without Issue.

"The Issue of Gilbert Lord Somerville having thus failed; the Title and Honour descended to the Heirs of the said Hugh Lord Somerville, by Hugh his said Second Son.

"This Hugh had Issue James the Eldest Son; to whom, by Deed, in Anno 1631, he conveyed his Estate of Drumm.

"This James had Issue James his Eldest Son; to whom, in Anno 1651, he also, by Deed, conveyed the same Estate.

"This James had Issue James his Eldest Son; who, in Anno 1682, was, according to the Method and Practice in Scotland, served Heir to his Father.

"Your Petitioner is the Eldest Son of the said James last mentioned, and, as such, was, in Anno 1715, served Heir to him; and, in Anno 1722, your Petitioner was also served Heir to the said Gilbert the last Lord Somerville; so that, the Issue of the said Gilbert Lord Somerville having failed, your Petitioner, as the Male Descendant and Right Lineal Heir, humbly apprehends he has an undoubted Right to the Honour, Title, and Dignity, of Lord Somerville.

"Your Petitioner therefore most humbly prays, Your Majesty will be graciously pleased to give such Directions as Your Majesty shall think proper, for declaring and establishing Your Petitioner's Right and Title to the Honour and Dignity of Lord Somerville.

"And Your Petitioner shall ever pray.

"Somerville."

"Whitehall, May 22d, 1723.

"His Majesty, having been moved upon this Petition, is graciously pleased to refer the same to the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Townshend."

Upon reading the Petition of James Lord Somerville, presented to His Majesty, and by His Majesty referred to this House; praying, "That His Majesty will be graciously pleased to give such Directions as His Majesty shall think proper, for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Lord Somerville:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition, and His Majesty's Reference thereupon, be referred to the Committee for Privileges; to consider thereof, and report their Opinion thereupon to the House.

Ld. Colvill's Petition to the King, and His Majesty's Reference, referred to Committee of Privileges.

The Lord Viscount Townshend (by His Majesty's Command) also presented to the House a Petition of John Lord Colvill of Culross, with His Majesty's Reference thereupon.

Which was read, and is as follows; (videlicet,)

"To the King's most Excellent Majesty.

"The humble Petition of John Lord Colvill, of Culross;

"Sheweth,

That His Majesty King James the Sixth of Scotland was pleased, the 20th of January, 1609, to erect the Abbacy of Culross in a Temporal Lordship, in Favours of Sir James Colvill of Easter Weemys, and create the said Sir James a Peer, by the Title of Lord Colvill of Culross; which Dignity was, by the said Patent, to descend to the Heirs Male of Sir James's own Body, and, in Default of such, to his Heirs Male whatever.

"That the said James Lord Colvill of Culross, by virtue of the said Patent, had his Seat in the Parliament of Scotland.

"That the said James Lord Colvill of Culross had only One Son, who died in the Life-time of his Father; but lest Issue One Son, called James, who, after the Death of his Grandfather, was Lord Colvill of Culross.

"That the said James, Second Lord Colvill of Culross, died about Fifty Years ago, leaving no Male Issue behind him.

"That, thus the Heirs Male of the Body of the First Lord Colvill of Culross failing, the said Title and Dignity being limited by the said Patent in Remainder to his Heirs Male whatever, the same descended to the Heirs Male of Alexander, who was the only Brother of the said First Lord.

"That your Petitioner is the lineal Descendant and Heir Male of the said Alexand'r; and has been, according to the Method of the Law of Scotland, by a Jury of Fifteen Men regularly impanneled, returned by them upon Oath, to be the next Heir Male of the said James Second Lord Colvill of Culross.

"That your Petitioner is advised, that, by virtue of the Limitation of the said Dignity, by the said Patent, to the Heirs Male of the First Lord, he, as his Heir Male, has a good Right to the said Title and Dignity.

"But in regard, since the Death of the said Second Lord Colvill of Culross, the said Title and Dignity was not claimed by your Petitioner's Father, though he had a Right thereto, whereby the said Title came to be left out of the Rolls of the Parliament of Scotland, your Petitioner is brought under a Necessity to make his Application to Your Majesty; and most humbly to pray,

"That Your Majesty will be graciously pleased to give the proper Directions, for Your Petitioner's being enrolled amongst the Peers of Scotland; and that he may enjoy the Honour, Dignity, and Privilege, of Lord Colvill of Culross, to which he humbly apprehends he is justly entitled.

"And your Petitioner shall ever pray, &c.

"Colvill."

"Whitehall, 22d May, 1723.

"His Majesty, having been moved upon this Petition, is graciously pleased to refer the same to the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner's Title therein mentioned; and to inform His Majesty how the same shall appear to their Lordships.

"Townshend."

Upon reading the Petition of John Lord Colvill of Culross, presented to His Majesty, and by His Majesty referred to this House; praying, "That His Majesty will be graciously pleased to give the proper Directions for the Petitioner's being enrolled amongst the Peers of Scotland; and that he may enjoy the Honour, Dignity, and Privilege, of Lord Colvill of Culross, to which he humbly apprehends he is justly entitled:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition, and His Majesty's Reference thereupon, be referred to the Committee for Privileges; to consider thereof, and report their Opinion thereupon to the House.

Coidage Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of W'm late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates on Debentures for Arrears due to Five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land Tax, in the Year One Thousand Seven Hundred Twenty-three."

After some Time spent therein, the House was resumed.

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

Hodie 3a vice lecta est Billa, intituled, "An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates on Debentures for Arrears due to Five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates in England and Scotland respectively; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land Tax in the Year One Thousand Seven Hundred and Twenty-three."

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

It was Resolved in the Affirmative.

Pepists Registry in Scotland, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to oblige all Persons, being Papists, in that Part of Great Britain called Scotland, and all Persons in Great Britain resusing or neglecting to take the Oaths appointed for the Security of His Majesty's Person and Government, by several Acts therein mentioned, to register their Names and Real Estates."

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

It was Resolved in the Affirmative.

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

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

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

Trunk containing the original Papers relative to the Conspiracy to be brought to the House.

The Lord Chancellor acquainted the House, "That His Majesty's Attorney General had delivered back to him the Trunk, containing the original Papers, Letters, and Examinations, relating to the Conspiracy; and desired their Lordships Directions therein."

It is Ordered, That the said Trunk be brought to the House on Monday Morning next.

Thompson et al. versus Hathorn et al.

This Day being appointed, to hear Counsel, upon the Petition and Appeal of Dame Marjory Thompson, Widow and One of the Trustees of Sir Samuel McClellan Knight, deceased, and Patrick, William, Marjory, and Samillia McClellan, Four of the Children of the said Sir Samuel by the said Dame Marjory, and Mr. John Montgomery of Wray the other Trustee; complaining of several Interlocutory Sentences of the Lords of Session in Scotland; as also upon the Answer of James McClellan, Eldest Son of the deceased Sir Samuel McClellan, Hugh Hathorn and Margaret his Wife, Thomas Fordyce and Lilias his Wife, and John Montgomery of Wray, One of the Two Accepting Trustees, put in to the said Appeal:

And it being proposed, "That the Hearing the Merits of the said Cause be adjourned till next Sessions:"

It was Ordered, That the Counsel on both Sides be at Liberty to be heard, to this Point; videlicet, Whether any, and what, Provision may be necessary to be made, touching the collecting the Rents, and calling in and securing the Debts of the Testator, in case the Hearing of the said Appeal should be adjourned as aforesaid?"

And the Counsel being called in, and heard in relation thereto:

They were directed to withdraw.

And being withdrawn.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing the Merits of the said Cause be adjourned until the next Session of Parliament: And it is further Ordered, That the Appellant Dame Marjory Thompson do name an indifferent Person to be Receiver, to be approved of by the Lords of Session, who shall find Security, such as the said Lords of Session shall judge sufficient; and that such Person, so appointed and approved of, be, and is hereby, at Liberty to collect the Rents, and call in the Debts, till such Time as the Merits of this Appeal be determined; and do pay out of the said Rents, to the Appellant Dame Marjory and Mr. Nicholas Maclellan, their Annuities, and the Interest of the several Provisions to the respective Children granted by the said Sir Samuel McClellan, in like Manner as the same have been heretofore paid.

Adjourn.

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

DIE Lunæ, 27o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. St. Asaph.
Epus. Exon.
Epus. Carliol.
Epus. Petriburg.
Epus. Bristol.
Epus. Norwic.
Epus. Bangor.
Epus. Glocestr.
Comes Macclesfield, Cancellarius.
Ds. Carleton, Præses.
Dux Greenwich, Senescallus.
Dux Newcastle, Camerarius.
Dux Grafton.
Dux Bolton.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
Comes Huntingdon.
Comes Leicester.
Comes North'ton.
Comes Warwick.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Carlisle.
Comes Litchfield.
Comes Radnor.
Comes Scarborough.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Sele.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Er.
Ds. Clinton.
Ds. Compton.
Ds. Cornwallis.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Onslow.
Ds. Newburgh.
Ds. Lechmere.

PRAYERS.

Ld. Somervill's Report.

The Earl of Findlater reported from the Lords Committees for Privileges, to whom was referred the Petition of James Lord Somerville to His Majesty; praying, "That Directions may be given, for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Lord Somerville: That the Committee have considered the said Petition, to them re ferred; and have perused an authentic Extract out of the Rolls of Parliament, signed by the proper Officer, according to the Law of Scotland, and an Affidavit that the same was truly extracted; whereby it appears, that the Lord Somerville is enrolled as present in Parliament the 15th February 1524, and is from that Time to the 13th of July 1587 found in the Parliament Rolls.

"That the Lord Somerville, who then sat in Parliament, was called Hugh Lord Somerville, and had Two Sons Gilbert and Hugh: That Gilbert was also designed Lord Somerville in several authentic Writings produced to the Committee.

"That the Issue of the said Gilbert has failed; and that James the Petitioner, in a connected Progress, has been served Heir to the said Gilbert the last Lord Somerville; by which it appears, that he is both Heir Male and Heir General of the said Gilbert.

"The Committee are therefore of Opinion, That the Petitioner has a Right and Title to the said Honour and Dignity of Lord Somerville, and ought to be placed, in the List or Roll of Peers, in the Place in which his Ancestor first abovementioned sat; with a Saving, nevertheless, as well to the Petitioner, as to all other Peers of Scotland, their Rights and Places; upon further and better Authority shewed for the same."

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

And the following Resolution and Judgement was made; videlicet,

"It is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Lord Somerville has a Right and Title to the said Honour and Dignity of Lord Somerville; and ought to be placed, in the List or Roll of Peers in Scotland, in the Place in which his Ancestor the Lord Somerville sat in Parliament the 15th of February, 1524; with a Saving, nevertheless, as well to the said Lord Somerville, as to all other Peers of Scotland, their Rights and Places, upon further and better Authority shewed for the same."

Ordered, That the Lords with White Staves do attend His Majesty, with the said Resolution and Judgement.

Ld. Colvill's Report.

The Earl of Findlater also reported from the Lords Committees for Privileges, to whom was referred the Petition of John Lord Colvill of Culross to His Majesty; praying, "That Directions may be given, for the Petitioner's being enrolled among the Peers of Scotland; and that he may enjoy the Honour, Dignity, and Privilege, of Lord Colvill of Culross, to which he apprehends he is justly entitled: That the Committee have considered the said Petition, to them referred; and perused the Record of a Patent, granted by King James the Sixth of Scotland, dated the 20th of January 1609, creating Sir James Colvill a Peer, by the Title of Lord Colvill of Culross, the said Dignity to descend to his Heirs Male whatsoever: And it appearing to the Committee, by a Service and Retour, and other Writings produced to their Lordships, that the Petitioner is next Heir Male to the last Lord Colvill; the Committee are of Opinion, That the Petitioner is entitled to the Honour and Dignity of Lord Colvill of Culross, and ought to be placed, in the List or Roll of Peers, according to the Date of the said Patent."

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

And the following Resolution and Judgement was made; (videlicet,)

"It is Resolved and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Lord Colvill of Culross is entitled to the Honour and Dignity of Lord Colvill of Culross, in Scotland; and ought to be placed, in the List or Roll of Peers there, according to the Date of the Patent creating Sir James Colvill a Peer, dated the 20th of January 1609."

Ordered, That the Lords with White Staves do attend His Majesty, with the said Resolution and Judgement.

Trunk containing the Original Papers, relative to the Conspiracy, brought:

The Lord Chancellor acquainted the House, "That, pursuant to their Lordships Order of Saturday last, he had brought the Trunk containing the original Papers, Letters, and Examinations, relating to the Conspiracy; but that there were in the said Trunk several other Papers, which were laid before the House by His Majesty's Command."

Whereupon it is Ordered, That the Lords Committees, who were appointed to inspect the said original Papers, Letters, and Examinations, be appointed a Committee, to separate the said original Papers from those delivered by His Majesty's Command; and to report to the House:

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

The House was adjourned during Pleasure; and the Committee withdrew into the Prince's Lodgings.

After some Time spent therein, the House was resumed.

And the Duke of Dorset reported from the said Committee, "That they had separated the said Papers, as directed."

Ordered, That the Duke of Dorset do deliver the Papers, laid before this House by His Majesty's Command, to One of His Majesty's Secretaries of State.

And his Grace delivered the same accordingly.

Ordered, That the Trunk, containing the original Papers, Letters, and Examinations, be returned to the House of Commons, at a Conference.

Message to H. C. for a Conference about them.

And a Message was sent to the House of Commons, by Mr. Borret and Mr. Kynaston:

To desire a present Conference, in the Painted Chamber, upon the Subject-matter of the original Letters and Papers formerly delivered by the Commons to this House at a Conference.

Ordered, That the Lords who were Managers of the last Conference be the Managers of this Conference.

Answer.

The Messengers sent to the House of Commons, return Answer:

That the Commons agree to a present Conference, as desired.

The House being informed, "That the Managers of the Conference for the House of Commons were now ready, in the Painted Chamber:"

Managers.

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Duke of Dorset reported, "That the Managers had been at the Conference; and returned to the Commons the Trunk and Key, containing the original Papers and Examinations, delivered at a former Conference, as commanded."

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, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Speech in relation to the Money Bills to be passed, delivered the same to the Clerk Assistant, in the Absence of the Clerk of the Parliaments; who brought them to the Table; where the Clerk of the Crown read the Titles of those, and the Titles of the other Bills to be passed, severally, as follow: (videlicet,)

Bills passed:

"1. An Act for granting an Aid to His Majesty, by laying a Tax upon Papists; and for making such other Persons as, upon due Summons, shall refuse or neglect to take the Oaths therem mentioned, to contribute towards the said Tax, for reimbursing to the Public Part of the great Expences occasioned by the late Conspiracies; and for discharging the Estates of Papists from Two Third Parts of the Rents and Profits thereof for One Year, and all Arrears of the same; and from such Forfeitures as are therein more particularly described."

"2. An Act to continue the Duties for Encouragement of the Coinage of Monies; and for Relief of William late Lord Widdrington; and to prevent Foreign Lotteries being carried on in this Kingdom; and for ascertaining the Duties on bound Books imported; and for issuing Certificates and Debentures for Arrears due to Five Regiments, to be satisfied by Annuities therein mentioned; and for discharging the Duties of Rock Salt lost on the Rivers Weaver and Mercy; and for limiting the Times of Continuance of Commissioners for forfeited Estates, in England and Scotland respectively; and for appropriating the Supplies granted to His Majesty in this Session of Parliament; and to rectify Misnomers and Omissions of Commissioners for the Land Tax, in the Year One Thousand Seven Hundred Twenty-three."

To these Bills the Royal Assent was severally pronounced, in these Words,

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

"3. An Act for enabling His Majesty to put the Customs of Great Britain under the Management of One or more Commissions; and for better securing and ascertaining the Duties on Tobacco; and to prevent Frauds in exporting Tobacco, and other Goods and Merchandizes, or carrying the same Coastwife."

"4. An Act to prevent His Majesty's Subjects from subscribing, or being concerned in encouraging or promoting any Subscription, for an East India Company, in The Austrian Netherlands; and for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies."

"5. An Act for further enlarging the Times for entering, hearing, and determining, Claims on the Estates vested in the Trustees of the South Sea Company; and for obliging Persons to claim Stock by the Time therein mentioned, for Money Subscriptions; and for other the Purposes therein mentioned."

"6. An Act to oblige all Persons being Papists, in that Part of Great Britain called Scotland, and all Persons in Great Britain refusing or neglecting to take the Oaths appointed for the Security of His Majesty's Person and Government, by several Acts herein mentioned, to register their Names and Real Estates."

"7. An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice."

"8. An Act to enable Lords of Manors more easily to recover their Fines; and to exempt Infants and Femmes Covert from Forfeitures of their Copyhold Estates, in particular Cases."

"9. An Act for the more effectual Execution of Justice in a pretended privileged Place, in the Parish of St. George, in the County of Surrey, commonly called The Mint; and for bringing to speedy and exemplary Justice such Offenders as are therein mentioned; and for giving Relief to such Persons as are proper Objects of Charity and Compassion there."

"10. An Act for preventing Journeymen Shoemakers selling, exchanging, or pawning, Boots, Shoes, or Slippers, cut Leather, or other Materials for making Boots, Shoes, or Slippers; and for better regulating the said Journeymen."

"11. An Act for making more effectual an Act, passed in the Eighth Year of His present Majesty's Reign, intituled, "An Act for supplying the Records of the Commissary Court of Aberdeen, burnt or lost in the late Fire there."

"12. An Act to inflict Pains and Penalties on John Plunket."

"13. An Act to inflict Pains and Penalties on George Kelly alias Johnson."

"14. An Act to inflict Pains and Penalties on Francis Lord Bishop of Rochester."

"15. An Act for repairing the Highways from the City of Gloucester to the Top of Birdlip Hill (being the Road to London), and from the Foot of the said Hill to the Top of Crickly Hill (being the Road to Oxford); and to oblige those concerned in the Receipt or Payment of any Monies, by virtue of an Act of the Ninth and Tenth Years of His late Majesty King William, touching the repairing the said Highways, to accompt for the same to the Trustees appointed by this Act."

"16. An Act for compleating the Repairs of the Harbour of Dover, in the County of Kent; and for restoring the Harbour of Rye, in the County of Sussex, to its ancient Goodness."

"17. An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed and sold within the Town of Linlithgow and Liberties thereof, in the County of West Lothian, for paying the Debts of the said Town; and other Purposes therein mentioned."

"18. An Act for confirming Articles of Agreement, between the principal Officers of the Ordnance, and Thomas Missing Esquire, for Exchange of some Lands at Portsmouth, for the Service of His Majesty."

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

"Le Roy le veult."

"19. An Act for vesting the Estates of Sir Gervas Clifton Baronet in Trustees; and to enable him to take an Estate for Life, by Way of Purchase, in Settlements intended to be made of his Estates, on the Marriage of Robert Clifton Esquire, his Son and Heir Apparent."

"20. An Act for vesting Part of the Estate of Sir Richard Anderson Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts; and for other Purposes therein mentioned."

"21. An Act for Sale of the Manor of Queenhill, and other the Lands therein mentioned, in the County of Worcester, for raising Monies, for and towards Payment of the Debts of William Gower Esquire, and of John Gower his Son, deceased; and for discharging the said Manor and Lands of and from the same."

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

"Soit fait comme il est desiré."

King's Speech.

Then the Lord Chancellor, on his Knee, received His Majesty's Commands; and, being returned to his former Place at His Majesty's Right Hand, His Majesty spake as follows:

"My Lords, and Gentlemen,

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

Then the Lord Chancellor said.

"My Lords, and Gentlemen,

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

"My Lords; and Gentlemen,

"I am persuaded, notwithstanding the unusual Length of this Session, you will not think your Time has been misemployed, in consulting the necessary Means for preserving the Peace and Quiet of the Kingdom, and bringing to Justice some of the chief Promoters of that Confusion which lately threatened the Nation.

"The prudent Measures you have taken for our common Security, and your enabling Me to desend My Kingdoms against any Designs or Attempts of our Enemies, are the most convincing Testimonies of your Fidelity and Assection to Me, and of your Concern for the Liberties of My People: Be assured, the Confidence you have reposed in Me, shall never be made Use of but for their Safety and Defence.

"The Papers which have been laid before you for your Information, and have since been published for the Satisfaction of the World, evidently shew, that the Conspirators had brought their wicked Arts and Practices to such Perfection, that they confidently carried on their traiterous Projects, in Defiance of the Law, from an Assurance of their being able to elude it: The Respect and Reverence due to the Law had been lost, and the Tranquillity of My People endangered, had not you interposed. This made it necessary for the Legislature to exert itself in punishing such Offenders, whose Guilt is too certain to leave the least Room for Doubt, and whose Crimes are too heinous to admit of any Aggravation.

"And yet it is with Pleasure I reflect, that the Justice of Parliament has been so tempered with Mercy, that even those who are resolved to be dissatisfied must acknowledge the Lenity of your Proceedings, and will be at a Loss for any Pretence to complain; so few Examples having been made, and the Penalties inflicted by Bill falling so much short of the Punishments due for the same Crimes by the common Course of Law.

"The Firmness you have shewn must convince all the World how much they were mistaken, whose chief Hopes were founded on the Disaffection of My People. It gave Me great Satisfaction to see as general a Concurrence, in full Parliament, upon this Occasion, as has been ever known on any former; and it is to be hoped our Enemies will cease to flatter themselves with the vain Imagination of being able to subvert our Religion and present Establishment.

"Gentlemen of the House of Commons,

"I must acknowledge, in a particular Manner, the great Readiness you have shewn, in raising the necessary Supplies for the ensuing Year. It is an unexpected Felicity, that you have been able so far to disappoint the Hopes of our Enemies, as to avoid laying any new Burthen upon My People; and that, so soon after that great Shock and Convulsion in all the Public Funds, and in the Midst of intestine Alarms and Disturbances, the Credit of the Nation should so far revive and flourish, that not only the Supplies of the Year should be raised at a much lower Interest than was ever known in the most quiet Times, but Part of the National Debt should be reduced from an Interest of Five to Three per Cent. and put in a Course of being soon discharged.

"My Lords, and Gentlemen,

"I return you My most sincere Thanks, for the indefatigable Pains you have taken in the Service of the Public: I earnestly recommend it to you, in your several Stations and Countries, to persevere in your Endeavours for preserving the Peace of the Kingdom; by Justice and Resolution, to subdue the restless Spirit of Faction and Sedition; and by Prudence and Temper, to reconcile the Misled.

"Some extraordinary Affairs calling Me Abroad this Summer; I doubt not but that the Wisdom and Vigilance of My good Subjects will prevent our Enemies from taking any Advantage of My Absence. To gain the Hearts and Affections of My People, shall always be My first and principal Care; on their Duty and Loyalty I will entirely depend: They may as surely depend on My Protection, in the full Enjoyment of their Religion, Liberty, and Property."

Then the Lord Chancellor, on his Knee, received His Majesty's further Commands; and, being returned to his former Place, his Lordship spake as follows:

Parliament prorogued:

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Second Day of July next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Second Day of July next."

Die Sabbati, 18o Aprilis, 1724, examined by us,

Findlater.
Hu. Bristol.
T. Chichester.
Jo. Norwich.
De Laware.

Footnotes

1 Origin. Asburnham.