House of Lords Journal Volume 26: May 1742, 21-31

May 1742, 21-31

DIE Lunæ, 24^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lucas's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estate of Robert Lucas Esquire and Mary his Wife in Trustees, to be sold; and for applying Part of the Money arising by such Sale in the Purchase of an Estate contracted for, in order to be settled, together with other Lands of the said Robert Lucas, as an Equivalent for the said settled Estate, and to the like Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Aston Cantlow Common, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing, setting out and allotting, certain Common Fields and Enclosures, within the Manor and Parish of Aston Cantlow, in the County of Warwick."

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

Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.

Sir R. Burgoyne's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange agreed to be made of certain Lands, in the Parish of Sutton, in the County of Bedford, between Sir Roger Burgoyne Baronet Lord of the Manor, and Doctor Crane Rector of the Church, of Sutton, in order to promote and facilitate the Enclosure of the Common Fields and Common Grounds in the said Parish; and for securing to the said Rector an Equivalent for his Tithes arising in the said Parish of Sutton."

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

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

D. Leeds, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Duke of Leeds; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife and for creating a new Power instead thereof; and for other Purposes therein mentioned."

Tucker against The King, Writ of Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error; wherein,

Richard Tucker is Plaintiff, and The King Defendant.

Judges to attend the Bill concerning E. Orford.

Ordered, That the Judges do attend this House To-morrow, upon the Second Reading of the Bill, intituled, "An Act for indemnifying such Persons as shall, upon Examination, make Discoveries touching the Disposition of Public Money, or concerning the Disposition of Offices, or any Payments or Agreements in respect thereof, or concerning other Matters relating to the Conduct of Robert Earl of Offord."

Visc. Montague & al. to sell Walsingham's Estates, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of James Walsingham Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same; and other Purposes therein mentioned."

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

Their Lordships, or any Five of them, to meet on Tuesday the Eighth Day of June next; and to adjourn as they please.

Motion to dispense with Standing Order;

The House being moved, "That the Standing Order, relating to the Time of Commitment of Private Bills, may be so far dispensed with, as that the Committee on the aforesaid Bill may meet on a sooner Day, in regard the Session of Parliament is far advanced:"

Ordered, That the said Motion be taken into Consideration To morrow; and the Lords to be summoned.

and on Sir Wm. Pole's Bill:

The like Motion and Order was made, in relation to the Bill, intituled, "An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during the Minority of his Son Sir John Pole."

Northey's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable William Northey, an Infant, to settle Lands, Tenements, and Hereditaments, in the County of Wilts, for the Benefit of himself and any Woman he shall marry, and their Issue, notwithstanding his Infancy; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Rolt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estates of Edward Bayntun Rolt Esquire, to raise Money, for the Payment of Debts affecting the same; and of Portions for his Younger Brothers and Sister, charged thereon by the Settlement of their Uncle John Bayntun Esquire, deceased; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

Message from thence, to return Bentley's Charity Bill.

A Message was brought from the House of Commons, by Sir Robert Long Baronet and others:

To return the Bill, intituled, "An Act for confirming a Conveyance from the surviving Trustees of the Charity established by the Will of John Bentley Esquire, deceased, of the united Sixth Part of Fickets Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptcy awarded against William Hammond, late of Change Alley, London, Goldsmith and Banker, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Persons who have neglected to take the Oaths, to indemnify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices, Employments, and Promotions, within the Time limited by Law; and for allowing further Time for that Purpose."

After some Time, the House was resumed.

And the Earl of Findlater 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."

Badham against Odell.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Bettridge Badham Esquire is Appellant, and Thomas Odell Esquire and his Guardian are Respondents:"

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.

Petersfield to Portsmouth Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend Two Acts of Parliament; One, made in the Ninth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for repairing the Highways from Sheet Bridge, in the Parish of Petersfield, to the Town of Portsmouth, in the County of Southampton;" and another Act, made in the Twelfth Year of the Reign of His late Majesty King George the First, for enlarging the Term in and by the said Act granted; and for other Purposes therein mentioned; and for enlarging the Term and Powers by the said last mentioned Act granted."

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

It was Resolved in the Affirmative.

Colchester Workhouses, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to render more effectual an Act made in the Ninth and Tenth Years of the Reign of His late Majesty King William the Third, intituled, An Act for erecting Hospitals and Workhouses within the Town of Colchester, in the County of Essex, for the better em ploying and maintaining the Poor thereof."

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

It was Resolved in the Affirmative.

Wootton Underwood Commons enclosing Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Lawnd, Wastes, and Unenclosed Grounds, within the Manor and Parish of Wootton Underwood, in the County of Bucks; and for the making effectual certain Exchanges therein mentioned."

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

It was Resolved in the Affirmative.

Byrom's Short Hand Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for securing to John Byrom Master of Arts the sole Right of publishing, for a certain Term of Years, the Art and Method of Short Hand invented by him."

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 Four preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Officers, Members of H. C. excluding, Bill.

A Message was brought from the House of Commons, by the Chancellor of the Exchequer and others:

With a Bill, intituled, "An Act to exclude certain Officers from being Members of the House of Commons;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time on Thursday next; and that the Bill be printed.

Against assisting Prisoners to escape, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Consinement."

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

Justices of Corporations to commit Offenders, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction, in the County, Riding, or Division, in which such Liberty or Corporation is situate."

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

Against counterfeiting Gold and Silver Lace.

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

With a Bill, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making of Gold and Silver Thread;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Martis, 25^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Leeds's Bill;

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife; and for creating a new Power instead thereof; and for other Purposes therein mentioned:"

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

Their Lordships, or any Five of them; to meet on Wednesday the 9th Day of June next, at the usual Time and Place; and to adjourn as they please.

Motion to dispense with the Standing Order.

The House being moved, "That the Standing Order, relating to the Time of Commitment of Private Bills, may be so far dispensed with, as that the Committee on the aforesaid Bill may meet on a sooner Day, in regard the Session of Parliament is far advanced:"

Ordered, That the said Motion may be taken into Consideration To-morrow; and the Lords to be summoned.

Lucas's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estate of Robert Lucas Esquire and Mary his Wife in Trustees, to be sold; and for applying Part of the Money arising by such Sale in the Purchase of an Estate contracted for, in order to be settled, together with other Lands of the said Robert Lucas, as an Equivalent for the said settled Estate, and to the like Uses."

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. Edwards and Mr. Sawyer:

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

Visc. Mountague & al. to sell Walsingham's Estates, Bill, Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating to the Time of Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for Sale of the Estates late of James Walsingham Esquire, deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same, and other Purposes therein mentioned," stands committed, may meet on a sooner Day than was at first appointed:

And Consideration having been had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with in this Case, as that the said Committee may meet, to consider of the said Bill, on this Day Sevennight.

Sir Wm. Pole's Bill, Committee shortened.

The other Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating to the Time of the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, An Act to empower the Trustees named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during the Minority of his Son Sir John Pole," stands committed, may meet on a sooner Day than was at first appointed:

And Consideration having been had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with, in this Case, as that the said Committee may meet, to consider of the said Bill, on Friday next.

Discoverers of the Conduct of E. Offord, indemnifying, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for indemnifying such Persons as shall, upon Examination, make Discoveries touching the Disposition of Public Money, or concerning the Disposition of Offices, or any Payments or Agreements in respect thereof, or concerning other Matters relating to the Conduct of Robert Earl of Offord."

Then it was proposed, "To commit the Bill."

And after long Debate thereupon;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Negative.

Protest against not commiting it.

"Dissentient.

"Macclesfield.

"1st, Because the rejecting of this Bill, founded, as we conceive, upon Reason and Justice, warranted by Precedents, authorized by Necessity, and called for by the general Voice of the Nation, may appear a manifest Obstruction to Public Justice in the present great and important Case, and a most certain Defeat of it for the future in all Cases of the like Nature.

"2d, Because it is an uncontroverted Maxim of the Law of England, That the Public has a Right to every Man's Evidence; and yet, by the same Law, no Man is obliged to accuse himself. And as the Accomplices of Guilt are frequently the only Witnesses of it, we conceive, that both Prudence and Justice point out this Method of Impunity to some, as absolutely necessary towards discovering the Guilt of others, and thereby dissolving those criminal Confederacies, which, formed by common Guilt, can only subsist while they are cemented by common Danger. From these undeniable Principles, we apprehend, this Bill ought to have passed, in order to preserve the Rights of the Public, and the Rights of the Individuals.

"3dly, Because this Bill is justified by many Bills of a much stronger Nature, in Cases of much less Consequence to the Public; such as the Cases of Sir Thomas Cooke, the Masters in Chancery, Sir Robert Sutton, Thomson, and others, in some of which, the Persons indemnified, in order to give their Evidence, were, at the same Time, compelled under severe Penalties to give it. And as there is a Power, not only of indemnifying, but of rewarding, necessarily lodged in the Crown, in order to bring Criminals to Justice, by Evidence known to, and within the Reach of, the Laws; so we apprehend, that, in an Inquiry after Crimes that may affect the Being of the Whole, the People have a Right to the Exertion of that Power with which the Legislature is undoubtedly vested, to come at such Evidence as may make that Inquiry effectual to their future Security.

"4thly, Because the Legislature has exercised this Power, in many Instances relating to particular Branches of the Revenue, in order to prevent Frauds; the Persons concerned in such Frauds are not only indemnified, but rewarded also. And for the private Utility of One Company, the Legislature, by the 9th of George the First, after forbidding any Person to be concerned in promoting an East India Company in The Austrian Netherlands, gives to our East India Company a Power to prosecute, by Bill in Chancery or Court of Exchequer, any Person whom they suspect; obliging such Person to make Discovery upon Oath, though such Discovery subjects him to a Forfeiture. Also, for the better Discovery of Felonies, the Legislature has thought fit, by an Act 5th Ann, to pardon any Person, not only of the Felony discovered, but of all other Felonies he has ever been guilty of, upon his making a Discovery of Two Persons who shall thereupon be convicted of any Burglary or Felony; and that Discoverer is also entitled to a Reward.

"5thly, Because the rejecting of this Bill may prove a dangerous Precedent, of fatal Consequence to this Constitution; since, whenever this Nation shall be visited by a wicked Minister, those who shall have served him in defrauding and oppressing the Public, and in corrupting Individuals, will be furnished with an Excuse for refusing their Evidence; their Danger will produce his Security, and he may enjoy with Safety the Plunder of his Country. Nay, we even apprehend, that the rejecting of this Bill may be misunderstood, by those who can make any Discovery, as if this House designed to discourage any Evidence whatsoever, that could affect the Person whose Conduct the Secret Committee was appointed by the House of Commons to inquire into. A Minister may be removed from his Place, and not from his Power; he may be removed from both, and not from the Favour of his Prince; nay, he may be deprived of all Three, and yet his Successor may think his Interest and future Safety, and his Prince may imagine his Authority, concerned in protecting him from either Punishment or Inquiry. In any of which Cases, all written Evidence, all Office Proofs, will be secreted or refused; and if verbal Evidence be rendered impracticable too (which the rejecting this Bill will furnish a Precedent for), we conceive we might as well have passed an Act of Indemnity to all future Ministers.

"6thly, Because we can by no Means agree to the Argument principally urged against this Bill, "That there were no Proofs of Guilt against this Person sufficient to justify the passing it:" Whereas, in our humble Opinions, the Voice of the Nation, the Sense of the other House, and the lamentable Situation of this Kingdom both at Home and Abroad, create Suspicions, which not only justify, but even call aloud for, Inquiry; which Inquiry must necessarily prove ineffectual, unless the proper Methods are taken to support it; of which we apprehend this Bill to be one, and a Proceeding so just, that no innocent Man would desire to avoid it, and no guilty one ought to escape it. Moreover, the Reasons assigned by the Persons whose Behaviour gave Rise to this Bill, for refusing their Evidence, is a sufficient Implication that it would affect the Earl of Orford, since they admit it would affect themselves.

"7th, Because we conceive that the rejecting this Bill may create great Dissatisfaction in the Nation, to the Diminution of the Credit, and consequently of the Authority, of this House, when the People find themselves disappointed in their just Expectations of having a strict Inquiry made into the Conduct of the Earl of Orford, which they had so long called for in vain, and hoped they had at last obtained. Groaning under the undiminished Load of National Debts and Taxes, notwithstanding a long Peace; trembling under the Terrors of multiplied Penal Laws; deploring their sacrificed Honour, and their neglected Interest; the Balance of Europe overturned Abroad, and the Constitution endangered at Home; they call for Inquiry, they seek for Justice, they hope for Redress. The other House has taken the proper Steps to answer those Expectations; the Inquiry begun there could only have been rendered effectual in One material Point by this Bill; which being rejected by this House, from whence they expect Justice and Redress, we fear their blasted Hopes, which for a Time may seem sunk into a slavish Despondency, may at last break out into Disorders, more easy possibly to foresee than to remedy.

"Oxford & Mortimer.
Denbigh.
Aylesford.
Abingdon.
Coventry.
Bedford.
Argyll & Greenwich.
Chesterfield.
Carlisle.
Westmorland.
Bathurst.
Rockingham.
Berkshire.
Cobham.
R. Lincoln.
Ailesbury & Elgin.
Foley.
Ward.
Boyle.
Gower.
Dunk Halifax.
Falmouth.
Sandwich.
Beaufort.
Thanet.
St. John.
Northampton.
Shaftesbury.
Craven.
Litchfield.
Leigh.
Hereford.
Haversham."

The Bill rejected.

Ordered, That the said Bill be rejected.

Adjourn.

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

DIE Mercurii, 26^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Norfolk & al. against York Buildings Company & al. et è contra.

After hearing Counsel, in Part, in the Cause wherein Edward Duke of Norfolk and others are Appellants, and The York Buildings Company and others Respondents; et è contra:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Bill to protect the Trade, &c. put off.

Ordered, That the Second Reading of the Bill for the better protecting the Trade of this Kingdom in Times of War, and the Bill to exclude Officers from being Members of the House of Commons, which were appointed for To-morrow, be put off to Friday next; and the Cause for that Day to the Monday following; and the other Causes to be moved One Day in Course.

Justices of Corporations to commit Offenders, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Corporation is situate:

Against assisting Prisoners to escape, Bill.

As also, on the Bill for the more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their Confinement:

It is Ordered, That the House be put into a Committee upon the former Bill on Friday next; and on the latter on the Tuesday following.

D. Leeds Bill, Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating to the Time of Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife, and for creating a new Power instead thereof; and for other Purposes therein mentioned," stands committed, may meet on a sooner Day than was at first appointed:

And Consideration having been had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with in this Case, as that the Committee may meet, to consider of the said Bill, To-morrow.

Adjourn.

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

DIE Jovis, 27^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bp. of St. Davids to preach 11th of June.

Ordered, That the Lord Bishop of St. Davids be, and he is hereby, desired to preach before this House, at the Abbey Church, Westminster, on the 11th Day of June next, being the Anniversary Thanksgiving, appointed by Authority, for His Majesty's happy Accession to the Crown.

D. Norfolk & al. against York Buildings Company & al. et è contra.

After hearing Counsel, as well Yesterday as this Day, upon the Original Appeal of Edward Duke of Norfolk and others, principal Tacksmen of Sir Alexander Murray's Mines, lying in the Shires of Argyle and Peebles; complaining of Part of an Interlocutor of the Lord Ordinary, in the Court of Session in Scotland, of the 28th of November 1741; and also of an Interlocutor of the Lords of Session, of the 19th of December following, adhering thereto; and praying, "That the same might be reversed:" As also upon the Cross Appeal of the Governor and Company of Undertakers for raising the Thames Water in York Buildings; complaining of the said Interlocutors; and praying, "That the same might be reversed; and that the said Appellants might have such Relief as to the House should seem meet:" And likewise upon the Answers of the said Sir Alexander Murray, Charles Murray, John Boswell, and Sir Archibald Grant, on Behalf of themselves and others, Creditors of the said Sir Alexander, and the Answer of the said Governor and Company of Undertakers for raising the Thames Water in York Buildings, put in to the said Original Appeal; and the Answers of the said Edward Duke of Norfolk, Sir Robert Clifton, Sir Robert Sutton, General Wade, Sir Alexander Murray, Charles Murray Esquire his Brother, John Boswell, John Richardson, and Sir Archibald Grant, on Behalf of themselves and others, Creditors of the said Sir Alexander and Charles Murray, put in to the said Cross Appeal; and due Consideration had of what was offered on the said Appeals and Answers:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of by the said Appeals be, and the same are hereby, reversed: And it is hereby further Ordered, That the said Causes be remitted to the said Court of Session; and that the Appellants in the said Cross Appeal do forthwith appear, in the Cause at the Suit of Sir Alexander Murray, Charles Murray, John Boswell, Sir Archibald Grant, and John Richardson, and others, Creditors of the said Sir Alexander Murray and Charles Murray, Respondents to the Original Appeal; and also in the other Cause, at the Suit of the Appellants in the said Original Appeal in the Court of Session in Scotland, according to the Course of that Court, without further Process for that Purpose; and that the said Appellants in the Cross Appeal be admitted to make their Defences in both the said Causes; and that the said Sir Alexander Murray, Charles Murray, and others, Respondents to the Original Appeal, be at Liberty to make Francis Grant, the Sub-lessee of the Appellants in the Cross Appeal, a Defender in their Cause; and that the said Court of Session do proceed in the said Causes in such a Manner as shall be just.

Hopkins, Leave for a Bill to take the Name of Probyn:

Upon reading the Petition of John Hopkins Probyn Esquire, formerly called John Hopkins; praying Leave to bring in a Bill, to enable the Petitioner and his Descendants to take the Surname of Probyn, and use the Arms of that Family, according to the Will of Sir Edmund Probyn Knight, late Chief Baron of His Majesty's Court of Exchequer:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly the Duke of Bedford presented to the House a Bill, intituled, "An Act to enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of Probyn, pursuant to the Will of Sir Edmund Probyn Knight, deceased."

The said Bill was read the First Time.

Vernons to revive Appeal.

A Petition of Anna Bella Vernon and Matilda Vernon, the only Daughters and Heirs at Law of Thomas Vernon Esquire and of Jane Vernon his Widow, both deceased; and the Petitioner Matilda Vernon is Administratrix of the said Thomas Vernon, with his Will annexed, and is also sole Executrix of the said Jane Vernon, was presented to the House, and read; praying, "That the Cause upon the Appeal of the said Jane Vernon, to which Edward Vernon and others are Respondents, and all Proceedings therein, may stand and be revived, in such Manner as to the House shall seem meet."

And thereupon the Petitioners Agent was called in, and heard at the Bar.

And the Order of this House, made on the 5th Day of March last, on a former Petition, for reviving the said Appeal, was read.

And the said Agent being withdrawn:

Ordered, That the said Order be vacated; and that the said Appeal be revived, according to the Prayer of the Petition.

Adjourn.

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

DIE Veneris, 28^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hopkins to take the Name of Probyn, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of Probyn, pursuant to the Will of Sir Edmund Probyn Knight, deceased."

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

Their Lordships, or any Five of them; to meet on Monday next, at the usual Time and Place; and to adjourn as they please.

D. of Leeds's Bill.

The Lord Foley reported from the Lords Committees to whom the Bill, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds and Mary his now Wife, and for creating a new Power instead thereof; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Thwaites & al. made Respondents to Vernon's Appeal.

Upon reading the Petition of Ephraim Thwaites Esquire and Ann his Wife, and Francis Huysh Clerk; setting forth, "That they lately exhibited their Appeal to this House, against Jane Vernon Widow and others; complaining of a Decree of the Court of Chancery in Ireland, in the Year 1686; to which the Respondents put in their Answer; but, before any further Proceeding, the said Jane Vernon died;" and praying, "That the Representatives of the said Jane Vernon and her late Husband may be made Respondents to the Petitioners Appeal; and that all the Proceedings thereon may stand and be revived, in such Manner as her Appeal stands revived:"

It is Ordered, That the same do stand revived accordingly; and that the said Representatives be made Respondents to the Petitioners Appeal, as desired.

Message from H. C. to return Sir Job Brooke's Bill.

A Message was brought from the House of Commons, by Sir Miles Stapylton and others:

To return the Bill, intituled, "An Act to prevent Sir Job Brooke Baronet, a Lunatic, from aliening or encumbering his Estate, or marrying, during his Lunacy;" and to acquaint this House, that they have agreed to the same, with some Amendments; whereunto they desire their Lordships Concurrence.

The said Amendments, being read Thrice, were agreed to.

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

Aston Cantlow Common, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing, setting out and allotting, certain Common Fields and Enclosures, within the Manor and Parish of Aston Cantlow, in the County of Warwick," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Sir Roger Burgoyne's Bill.

The said Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing an Exchange agreed to be made, of certain Lands in the Parish of Sutton, in the County of Bedford, between Sir Roger Burgoyne Baronet Lord of the Manor, and Doctor Crane Rector of the Church, of Sutton, in order to promote and facilitate the Enclosure of Common Fields and Common Grounds in the said Parish; and for securing to the said Rector an Equivalent for his Tithes arising in the said Parish of Sutton," was committed.

Against counterfeiting Gold and Silver Lace, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent the counterfeiting of Gold and Silver Lace; and for settling and adjusting the Proportions of fine Silver and Silk; and for the better making Gold and Silver Thread."

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

Officers, Members of H. C. excluding Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to exclude certain Officers from being Members of the House of Commons."

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

Justices of Corporations to commit Offenders, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to empower the Justices of the Peace of a Liberty or Corporation to commit Offenders to the House of Correction of the County, Riding, or Division, in which such Liberty or Corporation is situate."

After some Time, the House was resumed.

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

Ordered, That the said Report be received on Tuesday next.

Persons who have neglected to take the Oaths, indemnifying, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices, Employments, and Promotions, within the Time limited by Law; and for allowing further Time for that Purpose."

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 the former Messengers:

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

Trade protecting, Bill.

The Order being read, for the Second Reading of the Bill, intituled, "An Act for the better protecting and securing of the Trade and Navigation of this Kingdom, in Times of War:"

Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned; and the Bill in the mean Time printed.

Adjourn.

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

DIE Sabbati, 29^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to proceed to the Abbey Church, Westminster, to solemnize this Day; being by Act of Parliament appointed to be observed as a Day of Thanksgiving, for the Restitution of King Charles the Second and Royal Family, and Restoration of the Government;

Adjourn.

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

DIE Lunæ, 31^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Edgar against Maxwell:

After hearing Counsel, upon the Petition and Appeal of Theodore Edgar, Grandson of the deceased Alexander Johnston of Elshiels; complaining of an Interlocutor of the Lords of Session in Scotland, of the 6th of July 1736, made on the Behalf of James Maxwell, and so much of an Interlocutor of the same Lords, of the 29th of the same July, as adheres to their said former Interlocutor; and praying, "That the same might be reversed; and that the Appellant might have such Relief as to the House in their great Wisdom should seem meet:" As also upon the Answer of the said James Maxwell 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 the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed.

Thanks to the Bp. of St. Asaph, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Asaph, for the Sermon by him preached before this House, on Saturday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Hopkins to take the Name of Probyn, Bill.

The Lord Bishop of Norwich reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of Probyn, pursuant to the Will of Sir Edmund Probyn Knight, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendments."

Ordered, That the said Bill be engrossed.

D. of Leeds's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing a Power in the Marriage Settlement of Thomas Duke of Leeds with Mary his now Wife; and for creating a new Power instead thereof; 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. Holford and Mr. Thurston:

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

Sir Roger Burgoyne's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing an Exchange agreed to be made, of certain Lands, in the Parish of Sutton, in the County of Bedford, between Sir Roger Burgoyne Baronet Lord of the Manor, and Doctor Crane Rector of the Church, of Sutton, in order to promote and facilitate the Enclosure of the Common Fields and Common Grounds in the said Parish; and for securing to the said Rector an Equivalent for his Tithes arising in the said Parish of Sutton."

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

It was Resolved in the Affirmative.

Aston Cantlow Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing, setting out, and allotting, certain Common Fields and Enclosures, within the Manor and Parish of Aston Cantlow, in the County of Warwick."

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 ordered to be sent to the House of Commons, by the former Messengers:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Junii jam prox. sequen. hora undecima Auroræ Dominis sic decernentibus.