House of Lords Journal Volume 22
May 1725, 1-10

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History of Parliament Trust

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1767-1830

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526-540

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'House of Lords Journal Volume 22: May 1725, 1-10', Journal of the House of Lords: volume 22: 1722-1726 (1767-1830), pp. 526-540. URL: http://british-history.ac.uk/report.aspx?compid=113815 Date accessed: 17 April 2014. Add to my bookshelf


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May 1725, 1-10

DIE Sabbati, 1o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Eliens.
Epus. Lincoln.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Dux Greenwich, Senescallus.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Wharton.
March. Tweedale.
Comes Lincoln.
Comes Warwick & Holland.
Comes Berkshire.
Comes Scarsdale.
Comes Carlisle.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Ilay.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Compton.
Ds. Lynn.
Ds. Guilford.
Ds. Ashburnham.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Report Method of Proceedings on Impeachments for Misdemeanors.

The Lord Delawarr reported from the Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors; and who were directed to report the Precedents they found of the Proceedings of this House upon the Trial of Impeachments: "That the Committee have inspected the Journals of this House, with relation to the Proceedings upon such Trials; and observe, That, on the Trial of Peers, upon Impeachments for high Crimes and Misdemeanors, in this House, the Barons Bench next the Bar has been taken away, and a Stool placed in the room thereof within the Bar, on which the Lord impeached sits uncovered; but whether the Lords have on such Trials always sat in their Robes, does not appear by the Journals: And the Committee, on this Occasion, think proper to acquaint your Lordships, that, on perusing the Proceedings of this House upon such Trials, they do not find any Methods usually prescribed, with respect to the Lords sitting with, or without, their Robes; but the Journals being silent touching this Matter, the Committee apprehend the most usual Method, upon the Trial of Lords impeached, has been for the Lords to sit in their Robes, and in their due Places."

Which Report being read by the Clerk, the following Order was made:

"Ordered, That the Barons Bench next the Bar be taken away, and a Stool placed in the room thereof, on which the Earl of Macclesfield is to sit, during his Trial, uncovered, and without his Robes; but that all the other Lords of this House are to sit in their Robes, and in their due Places."

Committee Impeachment revived, and Officers of Works to attend.

Ordered, That the Committee appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors, be revived; and meet on Monday Morning next, at Ten a Clock; and that the Surveyor General and other the Principal Officers of His Majesty's Works do then attend the said Committee.

Ld Saltoun versus Fraser.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexand'r Lord Saltoun is Appellant, and Mr. William Fraser is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Report touching the Parliament-office.

The Lord Delawarr reported from the Lords Committees appointed to view The Parliament-office, with respect to what Conveniencies are therein, for the placing and safe keeping of the Records, Papers, and Writings; there deposited; and also to view the House called The King's House, with relation to the Repairs thereof, and the Condition the same is now in: "That the Committee have accordingly viewed the said Office, as also the House thereto belonging called The King's House; and found the Room, in the said Office, where the Acts of Parliament are deposited, not at all commodious or convenient for the proper placing and keeping the said Acts, so as the same may be easily and readily found; and, upon the said View, likewise observed other Matters in the said Office not in so proper a Condition as is requisite. And your Committee, pursuant to the Power given them, did send for the Officers of His Majesty's Works; and, having directed them to prepare a Plan, or Scheme, of what they thought proper and necessary to be done in the said Office, for the better placing and safe keeping the Records, Papers, and Writings, therein deposited, particularly the Acts of Parliament, the said Officers have prepared a Plan of every Floor, and a Section of the whole Building, together with a Report; setting forth, "That the uppermost Room, where the said Acts are kept, may be made secure from Fire, by bringing up a Brick Wall betwixt it and the Room where the Clerks write; by making an Iron Door and Iron Window Shutters, and securing the Roof; and then whatever Conveniencies shall be requisite therein may be made securely;" and further setting forth, "That they observe, the King's House adjoining, made Use of by the Clerk Assistant, wants considerable Repairs, which they are not able to make without proper Authority." Wherefore the Committee think proper to offer it to your Lordships, as their Opinion, That an Application may be made to His Majesty, to give Directions, that such Conveniencies as are proper and necessary may be made, and such Repairs done, for the more safe depositing and keeping the Records in the said Office, and for the Repair and Preservation of the said House, as His Majesty in His great Wisdom shall think fit."

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

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that such Conveniencies as are proper and necessary may be made, and such Repairs done, for the more safe depositing and keeping the Records in The Parliament-office, and for the Repair and Preservation of the House belonging thereunto, as His Majesty in His great Wisdom shall think fit."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Mitchell versus Craige et al.

Whereas this Day was appointed, for hearing the Cause wherein William Mitchell of London Merchant is Appellant, and Robert Craig Esquire and others are Respondents:

It is Ordered, that the Hearing the said Cause be adjourned to Monday next; and the other Causes on Cause-days removed in Course.

Annesley to dissolve his Marriage, Bill.

The Order of the Day being read, for reading the Bill, intituled, "An Act to dissolve the Marriage of Francis Annesley the Younger Esquire with Elizabeth Sutton; and to enable him to marry again; and for other Purposes therein mentioned," a Second Time; and for hearing Mr. Annesley, by his Counsel, to make out the Truth of the Allegations thereof; as likewise Counsel for Mrs. Annesley against the same, at the said Second Reading:

Counsel were accordingly called in.

And Counsel appeared for the Bill; but none appearing for Mrs. Annesley:

Cuthbert Clayton was produced by Mr. Annesley's Counsel; and, being examined upon Oath, acquainted the House, "That he had served Mrs. Annesley with the Order of this House, to give her Notice that the said Bill was appointed to be read a Second Time, as this Day; and that she was to be at Liberty to be heard, by Counsel, against the said Bill, at the said Second Reading;" and likewise delivered a true Copy of the Bill to Mr. Tovey her Solicitor.

Then Counsel, in order to make out the Truth of the Allegations of the said Bill, were heard.

And Francis Annesley Esquire, Father of the said Francis Annesley, Elizabeth Kelsey, and John Avery, were severally examined, upon Oath, at the Bar; and proved the Allegations of the Bill, with respect to the Marriage of the said Francis Annesley.

Then William Gough, Thomas Wilson, and Richard Thorp, were produced, and severally examined, upon Oath, at the Bar, in order to make good the Allegations of the Bill; "That the said Mrs. Annesley had had unlawful Familiarity and adulterous Conversation with one Don Roderigo, since the said Marriage."

After which, the Copy of a definitive Sentence, given in the Consistory Court of the Bishop of London, for a Divorce between the said Francis Annesley and Elizabeth Sutton, was read.

And the Counsel for the Bill having stated the Evidence, and prayed the passing of the said Bill;

And being withdrawn:

The same was (according to Order) read a Second Time.

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

Mis Annesley's Solicitor to attend.

Ordered, That Mr. Tovey, Mrs. Annesley's Solicitor do attend the Committee of the whole House to whom the said Bill stands committed, in order to give an Account whether there has been any Issue of her Body since the said Marriage.

Sir James Lumley, Leave to petition for a Bill:

Upon reading the Petition of Sir James Lumley Baronet; praying Leave to prefer a Petition, for Leave to bring in a Bill for his Relief, notwithstanding the Order lately made, that no more Petitions for Private Bills shall be received this Session of Parliament:

It is Ordered, That Leave be given to present the said Petition, as desired.

Petition referred to Judges.

Then a Petition of the said Sir James Lumley Baronet, was presented to the House, and read; praying Leave to bring in a Bill, to vest all the Petitioner's Estate, as well that devised by the Will of Sir Martyn Lumley the Petitioner's Father, as that which descended to the Petitioner by the Settlement or Will of Thomas Lumley Esquire, deceased, the Petitioner's Uncle, in Trustees, upon Trust, to sell so much thereof as shall be necessary to pay off and discharge the Incumbrances, Debts, and Legacies, of the Petitioner's said Father, and likewise the Incumbrances and Debts of the Petitioner; and that the Estate not sold may be settled and limited upon the Trusts, and to and for the several Uses, mentioned in the said Petition; and, that if more Money shall be raised by the Sale of the said Estate than what shall be sufficient to pay the said Testator's Debts and Legacies, and likewise the Petitioner's Debts, that the Trustees may be empowered to lay the same out in the Purchase of other Lands, to be settled to the same Uses that such Part of the said Estate as shall remain unsold are to be settled; with a Power to the Petitioner to limit a Jointure, out of the Premises so to be settled, to any Wife or Wives he shall afterwards marry, not exceeding one Half of the clear Yearly Value of the Estate so to be settled, and a Power for the Petitioner to make Provisions for a Younger Child or Children; and also, in case the Petitioner shall die without Issue; with a Power to the Petitioner to charge the said settled Estate, by his last Will, with a Sum not exceeding Five Thousand Pounds:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Price and Mr. Justice Denton; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same; and further, that One of the Judges do, in Person, deliver into this House the said Bill, with their Report thereupon; and that the Lord on the Woolsack do acquaint the House therewith; and the Judge at the same Time is to signify to their Lordships, whether the Standing Orders in relation to Private Bills have been duly observed.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 3o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Lincoln.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Montagu.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Leicester.
Comes Warwick & Holland.
Comes Sunderland.
Comes Scarsdale.
Comes Cardigan.
Comes Carlisle.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Bristol.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. St. John Blet.
Ds. Compton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Stawell.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Acherley et Ux. versus Vernon et al.

This Day the Answer of Bowater Vernon Esquire, William Vernon, Thomas Vernon Senior, George Vernon an Infant, by George Vernon Senior his Guardian, Richard Vernon, Francis Keck Esquire, John Niccoll Esquire, Thomas Vernon an Infant, by Thomas Vernon Senior his Guardian, to the Appeal of Roger Acherley Esquire and Elizabeth his Wife, was brought in.

Highways, Old Stratford to Dunchurch, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick; and for making the same more effectual."

Disarming Highlands in Scotland, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

Then a Proviso, by Way of Rider, was offered, and read, as follows:

"Provided always, and it is hereby Enacted and Declared, by the Authority aforesaid, That so much of this Act, and of all and every the Clauses and Provisoes herein contained, which are mentioned or intended to put a Stop to, and for preventing for the future, the Mischiefs in this Act first recited, and which concern and relate to the summoning and disarming the Persons herein before mentioned, and intended to be disarmed, shall be, remain, and continue, in full Force and Virtue, for and during the full Term of Seven Years, and from thence to the End of the then next Session of Parliament, and no longer; any Thing herein before said or contained to the contrary in any wise notwithstanding."

And the same, being read a Second and Third Time, was agreed to be made Part of the Bill.

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"1st, Because the Bill sets forth, "That many Persons in The Highlands commit many Robberies and Depredations, and oppose the due Execution of Justice against Robbers, Outlaws, and Persons attainted;" which Assertion, we conceive, was meant as an Inducement to pass the Bill, and therefore should have been fully made out by Proof, or have been undeniably clear from its Notoriety; but no Proof was attempted to be made of it, and we have not heard that such Outrages as are charged upon the Highlanders have been committed by them of late.

"2dly, We apprehend, that this Bill gives to Lord Lieutenants of Counties, Justices of the Peace, and others, such large and discretionary Powers, in some Cases, as are hardly to be trusted in the Hands of any Persons in a free Government, unless apparently necessary for the Preservation of it.

"3dly, Since the Behaviour of the Highlanders has been peaceable and innoffensive for some Years past, and is so at present, as far as appears to us; we cannot but fear that this Bill may prove unseasonable, may hazard the Loss of that invaluable Blessing which we now enjoy, a perfect Calm and Tranquillity, and raise among these People that Spirit of Discontent and Uneasiness, which now seems entirely laid; for we apprehend, that the Execution of some Authorities in this Bill is more likely to create than to prevent Disorders; we think it applies severe Remedies, where, as far as we can perceive, there is no Disease; and this at a Time when the Highlanders, not being accused of any Enormities for which, in our Opinion, the Legislature ought in Justice to punish them, or in Prudence to fear them; we think it would become us, as good Patriots, to endeavour rather to keep them quiet, than to make them so.

"Wharton.
Scarsdale.
Litchfield.
Gower.
Boyle."

Message to H. C. with Amendments to it.

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

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments; whereunto their Lordships desire their Concurrence.

Mitchell versus Craig et al.

Whereas this Day was appointed, for hearing the Cause wherein William Mitcheil of London Merchant is Appellant, and Robert Craig Esquire and others are Respondents:

It is Ordered, That the Hearing the said Cause be adjourned to Wednesday the Nineteenth Day of this Instant May.

Mr. Annesley to dissolve his Marriage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to dissolve the Marriage of Francis Annesley the Younger Esquire with Elizabeth Sutton, and to enable him to marry again; and for other Purposes therein mentioned."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the said Bill, and made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the said Amendments.

Which, being read Twice, were agreed to.

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

Lords not obliged to fit in their Robes during E. Macclesfield's Trial.

The House being moved, "To dispense with that Part of the Order made on Saturday last, upon the Report of the Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors, relating to the Lords sitting in their Robes, during the Trial of Thomas Earl of Macclesfield:"

Whereupon the said Report and Order were read.

And several Lords representing the great Prejudice it may be to their Healths, by reason of the Warmth of the Weather, to sit during the whole Trial and Examination in their Robes:

It is Ordered, That so much of the said Order as directs the Lords to sit in their Robes be dispensed with, until the Time of giving Judgement; and that then their Lordships shall sit in their Robes.

Acherley et Ux. versus Vernon et al.

The House being moved, on the Behalf of Bowater Vernon Esquire and others, Respondents to the Appeal of Roger Acherley Esquire and Elizabeth his Wife, "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 Tuesday the Eighteenth Day of this Instant May, at Eleven a Clock.

Wilts Highways, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Fifth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways from Sheppards Shord and The Devizes, and between the Top of Ashlington Hill and Rowdford, in the County of Wilts; and for explaining the said Act, and making the same more effectual and extensive."

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 Senior and Mr. Bennet Junior:

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (fn. 1) quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 4o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. Winton.
Epus. Asaphen.
Epus. Glocester.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Dux Greenwich, Senescallus.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Wharton.
Dux Chandos.
Dux Dorset.
Comes Northampton.
Comes Scarsdale.
Comes Cardigan.
Comes Carlisle.
Comes Litchfield.
Comes Yarmouth.
Comes Scarbrough.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Harcourt.
Ds. Percy.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. St. John Blet.
Ds. Compton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker.

Annesley to dissolve his Marriage, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to dissolve the Marriage of Francis Annesley the Younger Esquire with Elizabeth Sutton, and to enable him to marry again; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Ward versus D. Bucks et al.

After hearing Counsel, upon the Petition and Appeal of John Ward Esquire; complaining of so much of a Decree made by the Lords Commissioners for the Custody of the Great Seal of Great Britain, the Second Day of March last; whereby the Appellant is decreed, at the Expiration of his Lease, to leave upon the Premises Three Hundred and Fifteen Tons and One Quarter of Allum, ready made and quite finished, at One Hundred and Twelve Pounds and an Half to the Hundred Weight, in a Cause wherein Edmund Duke of Buckinghamshire and Normanby, by his next Friend, and the Executors and Trustees of the Will of the late Duke of Buckinghamshire and Normanby were Plaintiffs, and the Appellant and Joshua Ward were Defendants; and praying, "That the same may be reversed:" As also upon the joint and several Answer of Edmund Duke of Buckinghamshire and Normanby, an Infant, by David Earl of Portmore his Guardian, Charles Earl of Orrery, George Lord Willoughby de Broke, Thomas Lord Trevor, Allan Lord Bathurst, and Patrick Garden Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement affirmed with Costs; and the Attorney General to prosecute the Appellant for Forgery.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the Decree therein complained of be, and is hereby, affirmed; and that the Appellant do pay, or cause to be paid, to the Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal: And it is further Ordered, That all the written Evidence produced at the Bar by the Appellant, and particularly a Paper purporting a Certificate or Order of the late Duke of Buckinghamshire and Normanby, be delivered over by the Clerk Assistant unto the Register of the Court of Chancery: And this House observing many Razures and other violent Suspicions of Forgery in the said Paper, it is further Ordered, That His Majesty's Attorney General do prosecute the Appellant for the same, in such Manner as he shall think fit; and the Papers and Writings above ordered to be delivered over into the Court of Chancery shall remain there, to be made Use of in the said Prosecution in such Manner as the Attorney General shall think fit; and that, in the mean Time, each Party, their Agents and Solicitors, have Liberty to resort to and peruse the same, in the Custody of the said Register.

Report of Regulations relative to the Trial of the E. of Macclesfield.

The Lord Delawarr reported from the Lords Committees appointed to inspect the Journals of this House, in relation to the Proceedings on Impeachments for high Crimes and Misdemeanors, and who were directed to report to the House the Precedents they find of the Proceedings of this House, upon the Trial of Impeachments; "That the Committee, having taken into Consideration what may be proper to be done, in order to the more regular proceeding to the Trial of the Earl of Macclesfield, offer the Matters following to your Lordships Consideration:

"That the Door next the Gentleman Usher of the Black Rod's Seat be kept locked during the sitting of the House upon the said Trial.

"That, as soon as the Lords have taken their Places, Notice be given the House of Commons, by Message, "That this House is ready to proceed on the Trial of the Earl of Macclesfield."

"That the Serjeant at Arms be within the House, to make Proclamations, which are to be made in the King's Name, for keeping Silence; as also Proclamation in these Words; (videlicet,)

"Whereas a Charge of high Crimes and Misdemeanors has been exhibited by the House of Commons, in the Name of themselves and all the Commons of Great Britain, against Thomas Earl of Macclesfield: All Persons concerned are to take Notice, that he now stands upon his Trial; and they may now come forth, in order to make good the said Charge."

"Which Proclamation being made, the Articles of Impeachment exhibited by the House of Commons against the said Earl, and his Lordship's Answer, as also the Replication of the Commons thereunto, be read.

"And then the Speaker is to acquaint the Commons, "That they may proceed, in order to make good their Charge."

"After which, the Speaker is to declare, "That the Lords are proceeding to hear the Evidence, and to desire their Lordships to give Attention."

"That if any of the Lords, or the Members of the House of Commons that manage the Evidence, or the Earl impeached, or his Counsel, do desire to have any Question asked, they must desire the Speaker to ask the same.

"That if any Doubt shall arise, during the said Trial, no Debate shall be had thereupon, till the Managers for the Commons, the Counsel, and Witnesses, and the Earl impeached, be first withdrawn.

"That none be covered at the Trial, but the Lords.

"That such Persons as shall be admitted Witnesses at the said Trial are to be sworn, at the Bar, by the Clerk, and to deliver their Evidence there.

"The Oath to be;

"The Evidence which you shall give, upon the Impeachment of the Earl of Macclesfield, shall be the Truth, the whole Truth, and nothing but the Truth. So help you God, and the Contents of this Book."

"The Earl impeached may cross examine Witnesses, vivá vote.

"That the Room called The Earl Marshal's Room, and that belonging to the Clerks, be kept for the Managers; and the Lobby and the Black Rod's Room next adjoining for the Earl of Macclesfield."

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

And the Message to the Commons, on the Sixteenth of June 1701, in the Lord Sommers's Case, being read:

Notes and Rules for the Trial sent to H. C.

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

To acquaint them, "That the Lords, taking into their Care the ordering of the Trial of Thomas Earl of Macclesfield, on Thursday next, at the Bar of this House, have prepared some Notes and Rules to be observed at the said Trial; which the Lords have thought fit to communicate to them."

Highways, Old Stratford to Dunchurch, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick; and for making the same more effectual."

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

Dux Greenwich, Senescallus.
Dux Montagu.
Dux Wharton.
Comes Northampton.
Comes Cardigan.
Comes Litchfield.
Comes Yarmouth.
Comes Scarborough.
Comes Cholmondeley.
Comes Findlater.
Comes Ilay.
Comes Strafford.
Comes Halifax.
Comes Sussex.
Comes Harborough.
Viscount Say & Seale.
Viscount Harcourt.
Arch. Ebor.
Epus. London.
Epus. St. Asaph.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Hereford.
Epus. Cicestriens.
Ds. Delawarr.
Ds. Compton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Montjoy.
Ds. Trevor.
Ds. Bathurst.
Ds. Ducie.
Ds. Lechmere.

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 5o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Elien.
Epus. Petriburg.
Epus. Gloucestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick & Holland.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Cardigan.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Abingdon.
Comes Scarborough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Orford.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Strafford.
Comes Uxbridge.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. St. John Blet.
Ds. Compton.
Ds. Brooke.
Ds. Cornwallis.
Ds. Lynn.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Bathurst.
Ds. Bingley.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas fat Speaker.

D. of Montagu's Privilege; Report Committee of Privileges, that Worley is guilty of a Breach of it.

The Lord Delawarr reported from the Lords Committees for Privileges, to whom the Petition of Francis Worley, in Custody of the Serjeant at Arms, upon Complaint of the Duke of Montagu, of a Breach of Privilege, in putting Sheep into a Sheep-walk mentioned to belong to his Grace, was referred: "That the Committee had heard Counsel, as well for the said Duke as the Petitioner, and examined divers Witnesses on either Side; and are of Opinion, That the said Francis Worley is guilty of the Breach of Privilege complained of by the said Duke of Montagu."

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

Counsel and Solicitors assigned Earl of Macclesfield.

Ordered, That Mr. Serjeant Prohyn be assigned Counsel for Thomas Earl of Macclesfield; and Mr. Jabez Collier, Mr. Joseph Taylor, and Mr. John Whishaw, for his Lordship's Solicitors.

House called.

The House (according to Order) was called over; and ordered to be again called over To-morrow, before the Trial of the Earl of Macclesfield, beginning with the Lord of the highest Rank.

Masters in Chancery to attend Earl of Macclesfield's Trial.

A Message was brought from the House of Commons, by Sir William Strickland and others:

To desire that this House will order the Masters of the Court of Chancery to attend at the Trial of Thomas Earl of Macclesfield, de Die in Diem, in order to give Evidence upon the said Trial.

The same was ordered accordingly.

And the Messengers were called in again, and acquainted therewith.

Stone versus E. of Anglesey et al.:

After hearing Counsel, upon the Petition and Appeal of Richard Stone Esquire; complaining of a Decree of the Court of Chancery in Ireland, made the Fourteenth Day of November last, in a Cause wherein the Appellant was Plaintiff, and Arthur Earl of Anglesey, Arthur Lord Altham, Richard Bayley, and Charles Annesley Esquires, were Defendants; and praying, "That the same may be reversed, and the Appellant quieted in the Possession of the Woods in Question; and other Relief in the Premises:" As also upon the Answer of Arthur Earl of Anglesey put in to the said Appeal:

And it appearing, that the other Respondents had not answered; an Affidavit of the due Service of the Order of this House for answering, as also an Order for the said Respondents to answer peremptorily, being read; 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 the Decree of the Court of Chancery, complained of in the said Appeal, be, and is hereby, reversed: And it is further Ordered, That the said Court do prepare and direct an Issue to be tried, at the King's Bench Bar, by a Jury of the County of Dublin, "Whether James late Earl of Anglesey, Elder Brother of the Respondent Arthur Earl of Anglesey, was seised in Fee of the Lands now called Camolin Park, formerly Knockangarrow; and whether he devised the same;" in which Cause, Arthur Lord Altham, Richard Bayley, and Charles Annesley, are to be Plaintiffs; and are to take upon them the Proof that the said James Earl of Anglesey was seised in Fee of the said Lands, and did devise the same; and the Appellant and Arthur Earl of Anglesey are to be Defendants; and that the Court of Chancery do give all other necessary Directions about the said Trial; and the said Arthur Earl of Anglesey and the Appellant, and those who shall derive Title under them shall be at Liberty to make Use of the Depositions taken in the said Cause, on the Behalf of the said Arthur Earl of Anglesey, on the said Trial; and if the said Arthur Lord Altham, Richard Bayley, and Charles Annesley, refuse to deliver a Declaration, or to proceed to Trial, by such Time as shall be appointed by the Court, the Issue shall be taken against them pro Confesso: And it is further Ordered, That, after such Trial had, or such Issue taken pro Consesso, the Court of Chancery shall proceed to make such Decree as shall be just.

Causes put off.

Whereas Friday next is appointed, for hearing the Cause wherein William Vaughan is Appellant, and Roebuck Blake is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned, till after the Cause wherein William Mitchell is Appellant, and Robert Craig and others are Respondents, which is appointed to be heard on this Day Fortnight; and the other Causes to come on afterwards in Course.

Dalrymple to enter into a Recognizance for Mcculloch.

The House being moved, "That Robert Dalrymple Esquire may be permitted to enter into a Recognizance for David Mcculloch of Pilton, on account of his Appeal depending in this House, to which Christian Mcculloch is Respondent; the Appellant residing in Scotland:"

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

Continuing Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act, for more effectual Punishment of such as shall wilfully burn or destroy Ships."

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

And the Earl of Findlater reported from the said Committee, "That they had gone through the said Bill, and made One Amendment thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow Morning.

Buildings in London, &c. to regulate, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen by Fire, within the Weekly Bills of Mortality, and other Places therein mentioned."

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

And the Lord Bishop of Norwich 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."

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, sextum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

Die Veneris, 3o Decembris, 1725, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Jovis, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Oxon.
Epus. Sarum.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Elien.
Epus. Lincoln.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton.
Dux Somerset.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Uxbridge.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Hunsdon.
Ds. St. John Blet.
Ds. Compton.
Ds. Brooke.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynn.
Ds. Arundell Tr.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Middleton.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Common Pleas sat Speaker.

King's Answer to Address for repairing Parliament office, &c.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Saturday last, That He would be pleased to give Directions, that such Conveniencies as are proper and necessary may be made, and such Repairs done, for the more safe depositing and keeping the Records in The Parliament-office, and for the Repair and Preservation of the House belonging thereunto, as His Majesty, in His great Wisdom, shall think fit:

"And that His Majesty was pleased to say, "He would give Order, that the Repairs be done accordingly."

Continuing Laws, Bill.

The Earl of Findlater (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to continue several Acts therein mentioned; for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act, for more effectual Punishment of such as shall wilfully burn or destroy Ships;" was committed, the Amendment made by the Committee to the said Bill.

Which, being read Twice by the Clerk, was agreed to by the House, and is as follows:

"Press. 1. L. 20. Leave out from ["Parliament"] to ["and"], in the Sixth Line of the Second Press."

Highways, Old Stratford to Duncharch, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick; and for making the same more effectual," was committed; "That they had gone through the said Bill; and directed him to report the same to the House, without any Amendment."

House called.

The House (according to the Order Yesterday) was called over, beginning with the Lord of the highest Rank.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by the Lord Finch and others:

With a Bill, intituled, "An Act for enabling Henry St. John late Viscount Bolingbroke and the Heirs Male of his Body (notwithstanding his Attainder) to take and enjoy several Manors, Lands, and Hereditaments, in the Counties of Wilts, Surrey, and Middlesex, according to such Estates and Interest as to him or them are limited thereof by the Quinquepartite Indenture and other Assurances therein mentioned; and for limiting the same, in Default of Issue Male of the Body of the said late Viscount Bolingbroke, to the other Sons of Henry Viscount St. John successively in Tail Male; and for other Purposes therein expressed;" to which they desire the Concurrence of this House.

Trial of Earl Macclesfield:

The House (according to Order) proceeded to the Trial of Thomas Earl of Macclesfield.

And the Lords having taken their due Places; and the Earl impeached, sitting on a Stool uncovered within the Bar, according to the Methods directed:

Commons acquainted, the Lords are ready to proceed to the Trial:

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

To acquaint them, "That the Lords are ready to proceed on the Trial of the Earl of Macclesfield."

And the Managers for the House of Commons, being come; and seated in the Conveniency prepared for them, without the Bar, on the East Side of the House:

And the said Earl's Counsel and Solicitors being at the Bar:

The Serjeant at Arms came to the Table.

And Proclamation was made, for keeping Silence, in these Words; (videlicet,)

Trial proceeded in:

"Our Sovereign Lord the King strictly charges and commands all Manner of Persons to keep Silence, upon Pain of Imprisonment."

The Speaker asked Leave of the House, for the Judges to be covered; which was granted.

Then the other Proclamation, "That the Earl of Macclesfield now stands upon his Trial; and that all Persons concerned may come forth, in order to make good the Charge against him," was made, as directed.

After which, the Articles of Impeachment exhibited by the House of Commons against the said Earl, and his Lordship's Answer thereunto, as also the Replication of the Commons to the said Answer, were read.

Which being done;

The Speaker acquainted the Managers for the Commons, "That they might proceed, in order to make good the said Charge;" and then declared, "That the Lords were proceeding to hear the Evidence; and desired their Lordships to give Attention."

Then Sir George Oxenden, One of the Managers, opened the same in general.

Mr. Solicitor General heard also, in further opening the said Charge.

Next, Sir William Strickland and Mr. Doddington, opened the Evidence, to make good the Fifth, Sixth, Seventh, Eighth, and Ninth Articles.

Then, at the Request of the Managers, the Statute made in the Twelfth Year of King Richard the IId, Cap. 2. intituled, "None shall obtain Offices by Suit, or for Reward, but upon Desert," was read, at the Table, by the Clerk.

Which being done;

Thomas Eyres was sworn, and produced a Book, wherein the said Statute is entered in the original Language, and read the same; and declared, "That, at the Appointment of Sheriffs in the Exchequer, the said Statute is read over in that Manner to the Lord Chancellor and others therein mentioned, who do all at the same Time kiss the Bible; and that the Sheriffs are not named till that Ceremony is performed."

Next, Robert Pynsent was sworn; and produced the original Roll, wherein the Oath administered to Masters in Chancery, upon their Admission into their Offices, is entered; and read the same.

Then Ralph Paxton, being sworn, produced certain Commissions, appointing Persons to hear and determine Causes in Chancery; some of which were read.

And John Meller, formerly a Master in Chancery, was sworn, and examined as to the Nature and Execution of the Office of a Master in Chancery.

And Robert Pynsent was again called, and examined as to the Amount of the Annual Payment to a Lord Chancellor out of the Hanaper.

Who not being able to give a certain Accompt:

The Earl of Macclesfield admitted, it did amount to about Eleven Hundred Pounds per Annum.

The Managers for the Commons then proceeded, in order to make good the Charge contained in the Ninth Article.

And Thomas Bennet, One of the present Masters of the Court of Chancery, was sworn, and examined as to his Resignation of the Office of Clerk of the Custodies, in Favour of Hugh Hamersley Esquire; and whether he paid any Money for the Use of the Earl of Macclesfield.

Also Peter Cottingham was examined, upon Oath, as to his receiving any Money on that Occasion.

And those Two Witnesses, varying something in their Evidence, were examined together.

Then Mr. Delafay, being called in order to prove the said Earl acted as One of the Lords Justices, in His Majesty's Absence, at the Time of the Date of the Patent granting the said Office to Mr. Hamersley: the Earl of Macclesfield admitted, he did at that Time act as One of the said Lords Justices.

And Mr. Delafay being then examined, the said Patent was read.

Then the Managers for the Commons acquainting the House, "That they, having gone through with their Evidence to the Ninth Article, did intend next to proceed to the Fifth, Sixth, Seventh, and Eighth Articles; and, alledging it was requisite their Evidence should be given entire, submitted it to their Lordships, whether they should now proceed."

Whereupon they and all Parties concerned in the Trial were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield, To-morrow, at Ten of the Clock in the Forenoon.

Message to H. C. to acquaint them, that the Lords will proceed further in it.

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

Adjourn.

Petrus King Miles, Capital. Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, septimum diem instantis Maii, hora nona Auroræ, Dominis sic decernentibus.

DIE Veneris, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Elien.
Epus. Lincoln.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Abingdon.
Comes Scarborough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. Hunsdon.
Ds. St. John Blet.
Ds. Compton.
Ds. Brooke.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynn.
Ds. Arundell Trer.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas fat Speaker.

Continuing Laws, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act for more effectual Punishment of such as shall wilfully burn or destroy Ships."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment; whereunto their Lordships desire their Concurrence.

Buildings in London, &c. to regulate, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the better regulating of Buildings, and to prevent Mischiefs that may happen by Fire, within the Weekly Bills of Mortality, and other Places therein mentioned."

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

It was Resolved in the Affirmative.

Old Stratford to Dunchurch Highways, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the Sixth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways from Old Stratford, in the County of Northampton, to Dunchurch, in the County of Warwick;" and for making the same more effectual."

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 Two preceding Bills.

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

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

E of Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. John Bennet and Mr. Edwards, to acquaint them therewith.

And the Managers being come;

And the said Earl sitting on a Stool as before, and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Managers for the Commons, "That they might proceed further, in order to make good the said Charge."

Then Sir Thomas Pengelly opened the Evidence, to make good the Fifth, Sixth, Seventh, and Eighth Articles.

And Mr. Kynaston, One of the present Masters, was sworn, and examined as to the Time and Manner of his Admission into his Office; and "Whether he paid any Money, and how much, and to whom; and what Inducements or Encouragements were given him on that Occasion?"

Also Charles Bayliff was sworn, and examined, in relation to this Matter.

Next, Mr. Thomas Bennet, who was Yesterday examined, was produced again, and examined touching the same Matter as Mr. Kynaston.

And Mr. Cottingham, likewise examined Yesterday, was again produced, and examined, "Whether he received any Money, and what, from the said Bennet, for the Use of the Earl of Macclesfield?"

Then Mr. Elde, One of the present Masters, was sworn, and examined in relation to the same Matter as Mr. Kynaston.

And the same Mr. Cottingham was again examined, touching the Evidence given by Mr. Elde.

Next, Mr. Thurston, One of the present Masters, was sworn, and examined to the same Matter as Mr. Kynaston.

As was also the said Cottingham, in relation to the Evidence given by the said Thurston.

Then Mr. Meller, examined Yesterday, was again produced, and examined with relation to the Insolvency of one Mr. Borret, his Successor in the Office of One of the Masters.

Also W'm Thompson, and likewise Mr. Codfrey and Mr. John Bennet, Two of the present Masters, were sworn, and severally examined in relation to their inspecting Mr. Borret's Accompts and Papers, and in what Order or Condition they found the same.

Then Mr. Onslow, One of the Managers for the Commons, opened the Evidence to the Eleventh Article.

As did Mr. Palmer the Evidence to make good the Charge in the Twelfth Article.

And called Ralph Paxton, who produced Copies of several Orders lately made by the Court of Chancery, to shew some of the Masters were deficient.

And he attesting they were true Copies, the same were read.

Then William Waller was sworn, and examined as to any Declaration made by the Earl of Macclesfield, in open Court, touching the Ability, Capacity, and Integrity, of the Masters, and at what Time.

And Edward Ainge, Clerk to the late Mr. Fellows, formerly One of the Masters, was sworn, and examined as to the Time of the Death of the said Fellows.

Next, Mr. Lightboun, One of the present Masters, was sworn, and examined, "Whether any, and what, Discourse had passed between him and the Earl of Macclesfield, in relation to the Deficiency of the Masters?"

And Mr. Kynaston was again produced, and examined touching what Money he paid to Mr. Rogers, on his resigning the Office of a Master to him.

As was also Mr. Thomas Bennet, as to what Money he paid, or was to pay Mr. Hiccocks, and how, on Account of his Resignation; and likewise examined as to what Discourse had passed between the said Bennet and the Earl of Macclesfield, in relation to his Admission.

And being also examined, by the said Earl and his Counsel, touching his Substance, and what he was worth:

Mr. Serjeant Probyn desired he might be asked, What he had known to be the greatest Sum which has been given for the Office of Clerk of the Custodies?"

Which being objected to by the Managers, and insisted on by the Counsel:

They were all directed to withdraw.

And, Consideration had thereof, it was agreed, the said Question should not be asked.

Then all Parties concerned were again called in.

And the Speaker acquainted the Counsel, "The said Question was not to be asked."

Then the said Bennet being asked, "If the said Earl had questioned him touching his Substance?"

He answered in the Negative.

And Sir Thomas Pengelly having made an Observation on the Evidence offered to the said Eleventh and Twelfth Articles:

The Managers and Counsel were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield To-morrow, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, octavum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 8o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch. Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Elien.
Epus. Lincoln.
Epus. Petriburg.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius A.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Abingdon.
Comes Scarborough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Fitzwalter.
Ds. Clinton.
Ds. St. John Blet.
Ds. Compton.
Ds. Brooke.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynne.
Ds. Arundel Trer.
Ds. Stawell.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Boyle.
Ds. Hay.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Bingley.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas fat Speaker.

Time prohibiting empty Hackney Coaches passing, enlarged during the Trial:

The House being moved, "That the Time wherein empty Hackney Coaches, Carriages, Drays, or Carts, are prohibited from making any Stay, or from passing, between Whitehall and The Old Palace Yard in Westminster, be so enlarged, as that such Conveyances be not permirted to pass or make any Stay from Nine a Clock in the Morning, until Six in the Evening, during the Proceedings on the Trial of the Earl of Macclesfield:"

It is Ordered, That the Time be accordingly enlarged; and Notice thereof forthwith given to the High Bailiff of the City of Westminster.

E. of Macclesfield's Trial further proceeded in:

The Order being read, for the further Proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Edwards, to acquaint them therewith.

And the Managers being come:

And the said Earl sitting on a Stool as before, and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial, and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Managers for the Commons, "That they might proceed further, in order to make good the said Charge."

Then Mr. Gybbons and Mr. Hedges opened the Evidence to the Thirteenth and Fourteenth Articles.

And Mr. Thompson, who was examined Yesterday, was produced again, and examined touching the Deficiency of Mr. Dormer, One of the late Masters.

As was Mr. Edwards, the said Dormer's Successor. to the same Matter.

And John Campbell was sworn, and examined in relation to any Loss that had been sustained by perishable Goods which belonged to the said Dormer.

As was also Nicholas Paxton to the same Matter; to whom, it appeared, Administration had been lately granted of the said Dormer's Effects.

And Notice being taken, "That it was admitted by the Earl of Macclesfield's Answer, that the said Dormer absconded:"

William Green was produced.

And an Assignment from the said Dormer, to Mr. Edwards his Successor, of a large Debt due to him from one Wilson a Banker, being shewed to him; he proved the said Assignment was executed by the said Dormer.

And the same was read.

Then a Petition of the said Edwards to the Earl of Macclesfield as Lord Chancellor; praying a Reference to a Master, touching a Composition proposed by the said Wilson, was produced, and read.

As also an Answer to it, written thereon by Mr. Cottingham; signed "Macclesfield, C.":

Which his Lordship acknowledged to be his Hand.

Also, a Second Petition of the same Mr. Edwards was produced, and read; mentioning a Report annexed, signed "Hiccocks;" and praying a Composition might be ordered to be accepted: Which was ordered accordingly.

And, to make it appear these Proceedings were not entered, nor Mr. Hiccocks' Report filed, a Certificate of the Deputy Register of the Court of Chancery was produced, and read.

Then the said Mr. Edwards was again called.

And an Assignment from the said Wilson to him of a Debt of Ten Thousand Pounds, Part of a great Debt said to be due from one Poulter, being produced; the said Edwards declared, "The said Assignment was signed by the said Wilson."

And the same was read.

And Mr. Edwards was examined touching the said Composition, and the Credit of the said Poulter, and whether any, and what, Contribution was made by the Masters, towards supplying Dormer's Deficiency.

After which, Sir John Rushout and Mr. Sandys opened the Evidence to the Fifteenth, Sixteenth, and Seventeenth Articles.

And Mr. Conway, One of the present Masters, was sworn, and examined whether he paid any Money, and what, on account of the said Deficiency, and when?

And Mr. Edwards, being produced again, declared, He did receive Mr. Fellows' Contribution of Five Hundred Pounds."

Next, Mr. Lightboun was again examined, whether he had not often been pressed to make such Contribution, and when; and touching his Refusal, and the Reasons thereof; and what passed at a Meeting of all the Masters, at the Earl of Macclesfield's House, about July last.

Then Mr. Holford, being sworn, was examined as to what passed at the same Meeting.

Likewise Mr. Edwards, Mr. John Bennet, Mr. Lovibond, and Mr. Thomas Bennet, were severally examined, in relation to what passed at the said Meeting.

After which, an Order of the Court of Chancery, made the Seventeenth of March 1723, for the Master to pay to Mrs. Elizabeth Chitty Widow One Thousand Pounds, was produced, and read.

And Ascan Christopher Lochman was sworn, and examined whether he attended the Earl of Macclesfield at any Time, and for what Purpose.

And he thereupon gave an Account of his receiving the said One Thousand Pounds for the Use of the said Mrs. Chitty, by the said Earl's Direction.

Next, John Atwood being sworn, was examined as to what the said Earl had declared in open Court, in relation to his Knowledge of Dormer's Deficiency:

Then Ralph Paxton was called; who produced Copies of Four Orders of the Court of Chancery, directing the Payment of Money in the Masters Hands, after the said Dormer's Deficiency was known.

And the said Paxton attesting, "they were true Copies;" the same were read.

And then Mr. Edwards, the Master who succeeded the said Mr. Dormer, was examined as to his paying the Money pursuant to the said Orders.

And the Managers acquainting the House, "That they had gone through with their Proofs, in relation to the Fifteenth, Sixteenth, and Seventeenth Articles:"

They, as likewise all Parties concerned, were directed to withdraw.

Ordered, That this House will proceed further in the Trial of the Earl of Macclesfield on Monday next, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it.

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

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 10o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

Arch Cant.
Arch. Ebor.
Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Asaphen.
Epus. Oxon.
Epus. Litch. & Cov.
Epus. Roffen.
Epus. Elien.
Epus. Lincoln.
Epus. Petriburgh.
Epus. Glocestr.
Epus. Bangor.
Epus. Carliol.
Epus. Norwic.
Epus. Hereford.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Epus. Exon.
Epus. Landaven.
Dux Devon, Præses.
Dux Greenwich, Senescallus.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Bolton.
Dux Montagu.
Dux Montrose.
Dux Roxburgh.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angliæ.
Dux Newcastle.
Dux Wharton.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Lincoln.
Comes Leicester.
Comes Northampton.
Comes Warwick & Holland.
Comes Denbigh.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon & Rochester.
Comes Essex.
Comes Cardigan.
Comes Carlisle.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Abingdon.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Buchan.
Comes Findlater.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Deloraine.
Comes Ilay.
Comes Ferrers.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Sussex.
Comes Cadogan.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Viscount Say & Seale.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Harcourt.
Viscount Torrington.
Ds. Abergavenny.
Ds. Percy.
Ds. Delawarr.
Ds. Clinton.
Ds. Hunsdon.
Ds. St. John Blet.
Ds. Compton.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lynn.
Ds. Guilford.
Ds. Waldegrave.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Gower.
Ds. Hay.
Ds. Montjoy.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Lechmere.
Ds. Walpole.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas fat Speaker.

Messages from H. C. with a Bill; and to return the One for continuing Laws.

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

With a Bill, intituled, "An Act for more effectual preventing Frauds and Abuses in the Public Revenues; for preventing Frauds in the Salt Duties; and for giving Relief for Salt used in the curing of Salmon and Cod Fish, in the Year One Thousand Seven Hundred and Nineteen, exported from that Part of Great Britain called Scotland; for enabling the Insurance Companies to plead the General Issue in Actions brought against them; and for securing the Stamp Duties upon their Policies of Insurance;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Mr. Scrope and others:

To return the Bill, intituled, "An Act to continue several Acts therein mentioned, for preventing Frauds committed by Bankrupts; for encouraging the Silk Manufactures of this Kingdom; for preventing the clandestine Running of Goods; for making Copper Ore of the British Plantations an enumerated Commodity; and for explaining and amending a late Act for more effectual Punishment of such as shall wilfully burn or destroy Ships;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

E. of Macclesfield's Trial further proceeded in:

The Order being read, for the further proceeding in the Trial of the Earl of Macclesfield:

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Thurston, to acquaint them therewith.

And the Managers being come:

And the said Earl sitting on a Stool as before, and his Counsel and Solicitors at the Bar:

The usual Proclamation was made, for Silence; as also that signifying, "His Lordship was on his Trial; and that all Persons might come forth, in order to make good the Charge against him."

After which, the Speaker acquainted the Managers for the Commons, "That they might proceed further, in order to make good the said Charge."

Then Mr. Plúmmer and Mr. Cary opened the Evidence, to make good the Charge in the Eighteenth Article.

And Mr. Lightboun was called, and examined as to what had passed between him and the Earl of Macclesfield, in relation to the taking Securities of the Masters; and what Advice he gave, or what Representation was made to his Lordship on that Occasion.

Next, Mr. Holford was likewise examined in relation to the same Matter.

As was Mr. Kynaston also, touching that Matter.

And then Ralph Paxton was called; who produced a Copy of an Order, made the Seventeenth of December last, by the Earl of Macclesfield, then Lord Chancellor, for locking up the Effects of the Suitors, and depositing the same in the Bank, under the Inspection of some of the Judges.

And the said Paxton attesting it to be a true Copy; the same was read.

After which, the Lord Morpeth and Mr. Snell opened the Evidence, in order to make good the Charge contained in the Nineteenth Article.

And called Mr. Thomas Bennet; who was examined as to what Inquiry was ordered to be made, or Directions given, by the Earl of Macclesfield, when Lord Chancellor, in relation to the Masters bringing in their Accompts, and producing the Balance of their Cash with respect to the Suitors.

Also Mr. Kynaston, Mr. Lightboun, Mr. John Bennet, Mr. Lovibond, Mr. Edwards, and Mr. Conway, were likewise examined, in relation to the same Matter.

Next, Mr. Thompson was called, and examined as to the Deficiencies of some of the Masters; and gave an Accompt likewise of the Deficiency of the late Mr. Borret and Mr. Dormer.

And then Mr. Charles Sanderson was sworn, and examined as to Money in Mr. Conway's Hands, and whether the same was brought to Accompt.

After which, Mr. West acquainted the House, "That the Managers for the Commons, having produced a very long, and, as they conceived, a full Evidence, did not intend to trouble their Lordships at present with any further Examination; but would proceed to sum up the Evidence they had given."

And, having so done, the Managers and Counsel were directed to withdraw.

And the House being moved, at the Instance of the Earl of Macclesfield, "That he might have the Indulgence of One vacant Day, for his Counsel the better to prepare themselves to proceed in his Defence:"

Ordered, That this House will proceed further in the Trial of the said Earl, on Wednesday next, at Ten a Clock in the Forenoon.

Message to H. C. that the Lords will proceed further in it:

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

Oath of the Cursitors to be brought:

Ordered, That Mr. Terry, One of the Cursitors of the Court of Chancery, do attend this House on Wednesday next, with the Form of the Oath usually taken by the Cursitors on their Admission into their Offices.

Oath of the Clerks in Chancery to be brought.

Ordered, That Mr. Keighley, One of the Clerks of The Petty Bag, do attend this House on Wednesday next, with the Form of the Oaths usually taken by the Six Clerks and the Sixty Clerks in Chancery, on their Admission into their Offices.

Adjourn.

Petrus King Miles, Capitalis Justiciar. Commun. Placitor. declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, duodecimum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. secundum.