House of Lords Journal Volume 31: June 1767, 21-30

Die Lun, 22^o Junii.

Domini tam Spirituales quam Temporales prserites fuerunt:

PRAYERS.

Sinking Fund, &c. Bill.

The House (according to Order) Was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies therein mentioned, for the Service of the Year One Thousand Seven Hundred and Sixty-seven; and for further appropriating the Supplies granted in this Session of Parliament; for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two Sevenths Excise; for empowering His Majesty, with the Advice of His Privy Council, to permit the Importation of any Sort of Corn or Grain, Duty-free, into this Kingdom, for a longer Time than is permitted by any Act of this: Session of Parliament; and for obviating Doubts in relation to the Meeting of Commissioners for putting in Execution an Act of this Session; for granting an Aid to His Majesty by a Land Tax.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

For regulating the Trade to The Isle of Man, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for encouraging and regulating the Trade and Manufactures of The Isle of Man; and for the more easy Supply of the Inhabitants there with a certain Quantity of Wheat, Barley, Oats, Meal, and Flour, authorized by an Act made in this Session to be transported to the said Island.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without an; Amendment.

Duties on Logwood to discontinue, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for discontinuing the Duties on Logwood exported; for taking off the Duties on Succus Liquoriti imported, and for granting other Duties in Lieu thereof; for explaining such Parts of Two Acts made in the Tenth and Twelfth Years of the Reign of Queen Anne, as relate to certain Duties on Silks, printed, painted, or stained, in Great Britain; for granting a Duty upon the Exportation of such Rice as shall have been imported Duty-free in Pursuance of an Act made in this Session of Parliament; and for more effectually preventing the Wear of Foreign Lace and Needlework, which are prohibited to be imported into this Kingdom.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Post office, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for amending certain Laws relating to the Revenue of the Post Office; and for granting Rates of Postage for the Conveyance of Letters and Packets between Great Britain and The Isle of Man, and within that Island.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

American Duties, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation from this Kingdom of Coffee and Cocoa Nuts of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware exported to America; and for more effectually preventing the clandestine Running of Goods in the said Colonies and Plantations.

After some Time, the House was resumed.

And, the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Publick Companies to regulate, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for regulating the Proceedings of certain publick Companies and Corporations carrying on Trade or Dealings with Joint Stocks, in respect to the declaring of Dividends; and for further regulating the Qualification of Members for voting in their respective General Courts.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

East India Agreement, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, An Act for establishing an Agreement, for the Payment of the annual Sum of Four Hundred Thousand Pounds, for a limited Time, by the East India Company, in respect of the Territorial Acquisitions and Revenues lately obtained in the East Indies.

Ordered, That the House be put into a Committee upon the said Bill, on Wednesday next; and the Lords summoned.

Extracts of Letters, &c.

The House being informed,That Mr. James, from the India Company, attended:

brought by The Cruttenden East India Ship laid before the House.

He was called in; and delivered, at the Bar,

Extracts of Letters and Accounts brought by The Cruttenden India Ship.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Papers do lie on the Table.

Salt Provision Importation of, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, An Act to allow, for a limited Time, the free Importation of Salted Meat and Butter into this Kingdom, from any Place except Ireland:

Ordered, That the House be put into a Committee on the said Bill, on Wednesday next; and the Lords summoned.

Motion for Accompt, &c. from the India House;

The House being moved, That the proper Officer do lay before this House, the present general State of the East India Companys Affairs, which, by the 29th Bye-law, is to be drawn out by the Court of Directors, in the Month of June, annually.

Mr. Rous examined about them.

Mr. Rous was called in; and, being examined in relation to the said Motion, acquainted the House, That the annual Accompt for June 1767 is not yet made up, there having been so much Time taken up in making Copies of Papers and Accounts for both Houses and the Counsel against the Bill; thinks that the said Accounts may be made out in Two or Three Days; but, for greater Certainty, refers to the Accomptant General; that it could not properly be made out till The cruttenden arrived; and that no Conclusions can be drawn from the Accompts before the House.

He is directed to withdraw.

The same was agreed to; and ordered accordingly.

The House being moved, That the Court of Directors do forthwith prepare, and that the proper Officer do lay before this House, an Estimate of all the Monies that may probably be received, both in Great Britain and India, and the Payment that ought to be issued, from this Time to the usual Day of paying the Christmas Dividend.

Mr. Rous was again called in; and being examined in relation to the said Estimate, acquainted the House, That he cannot tell what Time this Accompt may take copying; that it is not necessary to be laid before the Proprietors; that the Directors thought it necessary to make up a Cash-accompt of what they may receive and pay at Midsummer, that it might be laid before the Proprietors, in order to stem the Tide against raising the Dividend, and to shew they could not with Propriety do it; that he thinks a Calculation may be made of what the Company may receive here; but thinks it will be very difficult to make any Calculation of what may be received in India; that the Receipts and Payments in India to Christmas next is of no Use to determine the Dividend; that the Company have no Right to declare a Dividend upon their Expectancies in India; that he thinks it illegal to declare an Increase of Dividend till the Company have paid their Debts, but gives this as Matter of Opinion, not having consulted Counsel about it; that there are always outstanding Debts when a Dividend is declared; that the Dividend has formerly been reduced to Six per Cent.; that they might possibly draw upon The East Indies for . 40,000, or that they might get it advanced here, but it would be very imprudent; that the Debts in India might be paid out of the Balance in Favour of the Company in India, if there is any, which, if there should, it will add to the general Accompt, in Favour of the Company, to increase their Dividend; that they are not to depend entirely upon Possession, in making their Dividends, but upon their Ability to pay their Debts; that he dont know whether the Accompt between Sujah Dowler and the Company was laid before the Proprietors, previous to the Dividend; that he did not lay it before them when called upon by Mr. William Burke, when the Agreement with Government was in Agitation, that the Dividend might take Place at Christmas; that he thinks the drawing Specie from Bengal mud be very prejudicial to that Country; and that he cannot tell the Amount of the Debts in Course of Payment for the Year 1767.

He is directed to withdraw.

Then Mr. Dudley is called in; and, being asked the Names of the Ships which arrived on Saturday; and if they have brought any more Dispatches, says, The Names of the Two Ships are Tbe Speke and The Royal Charlotte; and that they have brought no Dispatches.

He is directed to withdraw.

Then it was moved, To amend the said Question, by leaving out the Word [both], and also the Words [and India].

And the same being objected to;

The Question was put, Whether these Words shall stand Part of the Question ?

It was Resolved in the Negative.

Then the Question was put, Whether to agree with the Motion thus amended ?

It was Resolved in the Negative.

Order for a Paper, and the Attendance of a Witness;

Ordered, That the proper Officer do lay before this House a certain Paper, N^o 13. intituled, Proposition of the Court of Directors, offered to the Consideration of the General Court, as the Basis of an Agreement between the Publick and the East India Company.

Ordered, That Mr. Robert Gregory do attend this House.

Mr. James the Secretary, examined;

Then Mr. James, the Secretary to the East India Company, was called in; and, being examined in relation to the Extracts of the Letters and Accounts brought by The Cruttenden, and laid before the House this Day, acquainted the House, That he received his Orders for making the said Extracts from the Committee of Correspondence; and that the said Committee marked the Extracts he was to make. Being asked, If he had read the said Extracts to the Committee? says, He has not. Being asked, If any more Ships from India are arrived? says, Two Ships arrived on Saturday.

He is directed to withdraw.

and Mr. Dudley.

Then Mr. Dudley is called in; and, being asked the Names of the Ships which arrived on Saturday; and if they have brought any more Dispatches, says, The Names of the Two Ships are The Speke and The Royal Charlotte; and that they have brought no Dispatches.

He is directed to withdraw.

East India Dividend, Bill.

Then the Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies.

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committed That they had made a further Progress in the Bill; and desired that another Time might be appointed, for the Committee to fit again.

Ordered, That the House be again put into a Committee upon the said Bill, To-morrow; and that the Lords be summoned; and that the several Persons who were ordered to attend this Day do then attend.

Borret against Goodere.

The Answer of John Goodere Esquire, to the Appeal of Trevor Borret and Edward Borret Esquire, was this Day brought in.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 23^o Junii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Committee of Pedigrees Descents of certain Peers.

Ordered, That the Committee of Privileges do meet on Saturday next, to examine the Pedigrees of Thomas Earl of Effingham, Stephen Earl of Ilchester, Anthony Earl of Shaftesbury, Norborne Lord Botetourt, and John Lord Lovel and Holland.

Propositions of the East India Company penny to Administration delivered.

The House being informed, That Mr. James, Secretary to the East India Company, attended:

He Was called in; and delivered, at the Bar (pursuant to Order) Paper, N^o 13. intituled,

Propositions of the Court of Directors, offered to the Consideration of the General Court, as the Basis of an Agreement between the Publick and the East India Company.

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said (fn. 1) Paper do lie on the Table.

Sinking Fund, &c, Bill:

Hodie 3^avice lecta est Billa, intituled, An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund; and for applying certain Monies therein mentioned, for the Service of the Year One Thousand Seven Hundred and Sixty-seven; and for further appropriating the Supplies granted in this Session of Parliament; for carrying to the Aggregate Fund a Sum of Money which hath arisen by the Two Sevenths Excise; for empowering His Majesty, with the Advice of His Privy Council, to permit the Importation of any Sort of Corn or Grain, Duty-free, into this Kingdom, for a longer Time than is permitted by any Act of this Session of Parliament; and for obviating Doubts in relation to the Meeting of Commissioners for putting in Execution an Aft of this Session, for granting an Aid to His Majesty by a Land Tax.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Duties in America, Bill:

Hodie 3^avice lecta est Billa, intituled, An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation from this Kingdom of Coffee and Cocoa Nuts, of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware exported to America; and for more effectually preventing the Clandestine Running of Goods in the said Colonies and Plantations.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

For regulating the Trade to The Isle of Man, Bill:

Hodie 3^avice lecta est Billa, intituled, An Act for encouraging and regulating the Trade and Manufactures of The Isle of Man; and for the more easy Supply of the Inhabitants there with a certain Quantity of Wheat, Barley, Oats, Meal, and Flour, authorized by an Act made in this Session to be transported to the said Island.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Post Office, Bill:

Hodie 3^avice lecta est Billa, An Act for amending certain Laws relating to the Revenue of the Post Office; and for granting Rates of Postage for the Conveyance of Letters and Packets between Great Britain and The Isle of Man, and within that Island.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Logwood Duties to discontinue, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for discontinuing the Duties on Logwood exported; for taking off the Duties on Succus Liquoriti imported, and for granting other Duties in Lieu thereof; for explaining such Parts of Two Acts made in the Tenth and Twelfth Years of the Reign of Queen Anne, as relate to certain Duties on Silks printed, painted, or stained, in Great Britain; for granting a Duty upon the Exportation of such Rice as shall have been imported Duty-free in Pursuance of art Act made in this Session of Parliament; and for more effectually preventing the Wear of Foreign Lace and Needlework, which are prohibited to be imported into this Kingdom.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

Publick Companies to regulate, Bill:

Hodie 3^avice lecta est Billa, intituled, An Act for regulating the Proceedings of certain publick Companies and Corporations carrying on Trade or Dealings with joint Stocks, in respect to the declaring of Dividends; and for further regulating the Qualification of Members for voting in their respective General Courts.

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 Six preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Browning and Mr. Anguish:

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

East India Charters to be laid before the House.

Ordered, That the East India Company do lay before this House written or authentick printed Copies of all Charters granted to them by His Majesty, or any of His Royal Predecessors.

East India Dividend, Bill.

The Order of the Day being read, for the House to be again put into a Committee upon the Bill, intituled, An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies.

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had made a further Progress in the Bill; and desired another Time might be appointed, for the Committee to fit again.

Ordered, That the House be again put into a Committee upon the said Bill, To-morrow; and the Lords summoned.

The House being moved, That the Witnesses be discharged from their Attendance.

An Amendment was proposed to be made to the said Motion, by adding the Words [To-morrow].

The same was objected to.

After Debate;

The Question being put, Whether the said Words shall be added to the said Motion?

It was Resolved in the Negative.

Then the Question was put, Whether the Witnesses shall be discharged from their Attendance?

It was Resolved in the Affirmative

Whereupon, Ordered, That the said Witnesses be discharged from their Attendance.

Message from H. C. to return Dowdings Estate, Bill.

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

To return the Bill, intituled, An Act for vesting the settled Estates of Susannah Dowding Widow, in the Counties of Kent and Sussex, in Trustees, to be sold; and for securing the Monies to be paid for the same upon the Trusts and for the Purposes in the Act mentioned; and to acquaint this House, that they have agreed to the same, without any Amendment.

Duties on Teas for taking off, Bill.

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

With a Bill, intituled, An Act for taking off the Inland Duty of One Shilling per Pound Weight upon all Black and Singlo Teas consumed in Great Britain; and for granting a Drawback upon the Exportation of Teas to Ireland and the British Dominions in America, for a limited Time, upon such Indemnification to be made, in respect thereof, by the East India Company, as is therein mentioned; for permitting the Exportation of Teas in smaller Quantities than One Lot to Ireland, or the said Dominions in America; and for preventing Teas seized and condemned from being consumed in Great Britain,to which they desire the Concurrence of this House.

Message from H. C. to return The Haute Huntre Fen, Bill.

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

To return the Bill, intituled, An Act for dividing a certain Fen called The Haute Huntre, Eight Hundred, or Holland Fen, and certain other commonable Places adjoining thereto in the Parts of Holland, in the County of Lincoln; and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Additional Duties on Foreign Linens imported, Bill.

Ordered, That the Second Reading of the Bill, intituled, An Act for granting to His Majesty additional Duties on certain Foreign Linens imported into this Kingdom; and for establishing a Fund for the encouraging of the raising and dressing of Hemp and Flax, which stands appointed for To-morrow, be put off to Thursday next; and the Lords summoned; and that the several Persons who were ordered to attend To-morrow do then attend.

American Mutiny Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act for further continuing an Act of the last Session of Parliament, intituled, An Act to amend and render more effectual, in His Majestys Dominions in America, an Act passed in this present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters:

Ordered, That the House be put into a Committee upon the said Bill, on Thursday next; and the Lords summoned.

Governor, Council, and Assembly, of New York, restraining Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act for retraining and prohibiting the Governor, Council, and House of Representatives, of the Province of New York, until Provision shall have been made for furnishing the Kings Troops with all the Necessaries required by Law, from passing or assenting to any Act of Assembly, Vote, or Resolution, for any other Purpose:

Ordered, That the said Bill be read a Second Time on Thursday next; and the Lords summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum quartum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 24^o Junii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Duty on Black and Singlo Teas to discontinue, Bill.

Hodie 1 ^avice lecta est Billa, intituled, An Act for taking off the Inland Duty of One Shilling per Pound Weight upon all Black and Singlo Teas consummed in Great Britain; and for granting a Drawback upon the Exportation of Teas to Ireland and the British Dominions in America, for a limited Time, upon such Indemnification to be made in respect thereof, by the East India Company, as is therein mentioned; for permitting the Exportation of Teas in smaller Quantities than One Lot to Ireland, or the said Dominions in America; and for preventing Teas seized and condemned from being consumed in Great Britain.

Copies of East India Charters delivered.

The House being informed, That Mr. James, from the East India Company, attended:

He was called in; and delivered, at the Bar,

Authentick Printed Copies of all Charters granted to them by His Majesty, or any of His Royal Predecessors; together with a Manuscript Book of Charters.

And then he withdrew.

And the Titles thereof being read by the Clerk:

Ordered, That the said Charters do lie on the Table.

Die Jovis, 25^o Junii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Duty on Teas to discontinue, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for taking off the Inland Duty of One shilling per Pound Weight upon all Black and Singlo Teas consumed in Great Britain; and for granting a Drawback upon the Exportation of Teas to Ireland and the British Dominions in America, for a limited Time, upon such Indemnification to be made in respect thereof, by the East India. Company, as is therein mentioned; for permitting the Exportation of Teas in smaller Quantities than One Lot to Ireland, or the said Dominions in America; and for preventing Teas seized and condemned from being consumed in Great Britain.

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

Ordered, That the House be put into a Committee upon the said Bill. To-morrow.

Governor, Council, and Assembly, of New York, restraining Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act for restraining and prohibiting the Governor, Council, and House of Representatives, of the Province of New York, until Provision shall have been made for furnishing the Kings Troops with all the Necessaries required by Law, from passing or assenting to any Act of Assembly, Vote, or Resolution, for any other Purpose.

Ordered, That the said Bill be read a Second Time on Monday next; and the Lords summoned.

American Mutiny, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act for further continuing an Act of the last Session of Parliament, intituled, An Act to amend and render more effectual, in His Majestys Dominions in America an Act passed in this present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters:

Ordered, That the House be put into a Committee upon the said Bill, on Monday next; and the Lords summoned.

East India Dividend Bill.

The Order of the Day being read, for the House to be again put into a Committee upon the Bill, intituled, An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies:

The House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Ordered, That the said Bill be read the Third Time To-morrow.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum sextum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 26^o Junii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Duties on Black and Singlo Teas to discontinue, Bill.

The House (according to Order) was adjourned during Pleasure; and put into a Committee on the Bill, intituled, An Act for taking off the Inland Duty of One Shilling per Pound Weight upon all Black and Singlo Teas consumed in Great Britain; and for granting a Drawback upon the Exportation of Teas to Ireland and the British Dominions in America, for a limited Time, upon such Indemnification to be made, in respect thereof, by the East India Company, as is therein mentioned; for permitting the Exportation of Teas in smaller Quantities than One Lot to Ireland, or the said Dominions in America; and for preventing Teas seized and condemned from being consumed in Great Britain.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Salted Provisions Importation of, Bill.

The Order of the Day being read, for the House to be put into a Committee on the Bill, intituled, An Act to allow, for a limited Time, the free Importation of Salted Meat and Butter into this Kingdom, from any Place except from Ireland:

Ordered, That the House be put into a Committee upon the said Bill on this Day Two Months.

East India Agreement, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, An Act for establishing an Agreement for the Payment of the annual Sum of Four Hundred Thousand Pounds, for a limited Time, by the East India Company, in respect of the Territorial Acquisitions and Revenues lately obtained in The East Indies.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

The Order of the Day being read, for the Third Reading of the Bill, intituled, An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies:

The said Bill was accordingly read the Third Time.

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative.

protest against it.

Dissentient.
lit, Because the Bill, containing in Appearance nothing but Matter of future Regulation, is so contrived as to operate retrospectively, and rescind a Dividend actually declared by a General Court of the East India Company, on the Sixth of May last, of 6 per Cent, for the Half Year ending at Christmas next. This was, in the Argument, avowed to be the principal Object of the Bill; though the Bill itself does not even mention that Act, or suggest any Reason for rescinding it: And we conceive, that if the Measure had been substantially right, yet this Manner of doing it is unbecoming the Dignity of Parliament; which should, in all Cases, go openly and directly to its Object.

2dly, Because this Measure appears to us to be as exceptionable in the Substance as in the Form, being an ex post facto Law, rescinding a legal Act of the Company in the Exercise of its Dominion over its own Property, notwithstanding their Application and earnest Intreaties to the contrary, without Necessity or Occasion, from any Consideration of private Justice or publick Utility.

3dly, Because, considering the East India Company as a National Object, and the Members of it as bound to attend to the Interests of the Publick as well as their own, the Dividend they had voted, and which by this Bill to be rescinded, appears to be liable to no Objection for the only legal Restriction in the Companys Power to divide is, that the Sum Total of all the Debts which they shall owe do not exceed the Value of the Principal, or Capital Stock or Stocks, which shall be and remain undivided; and it appears, by the dearest Evidence, that the Companys Effects are amply sufficient, not only to discharge every just Demand, but that, after even repaying their Capital, there will remain a very great Surplus.

4thly, Because it appears also to us that the Dividend declared on the 6th May is expedient; for the Dividend being, in Fact, the only Medium whereby to six and compute the Price of the Stock, as between Buyer and Seller, Justice to both requires such a Dividend as will six that Price as near as may be to the real Value; and the Dividend of 12 is, in that respect, preferable to a Dividend of 10 per Cent. to which this Bill has arbitrarily restrained it.

5thly, Because it appeals to us to hare been a Dividend regularly declared; the only Objections which have been made to it, upon this Head appearing to us void of all Foundation. We admit that the Court did proceed without an Accompt actually before them; but the Want of this Accempt, fo far as relates to the Propriety of the Dividend appears to have been sufficient supplied: The Directors, in their Ngociations with the Government, and their Declaration at former Courts, had themselves proposed such a Dividend, and acknowledged the Ability of the Company to make it. The Proprietors, by these and other Means, had full Reason to be satisfied of that Ability; and the Accompt now produced, examined, and proved, does fully warrant, their Proceedings, and verify the Ideas they then entertained and acted on.

6thly, Because the Dividend appears to have been voted by a very numerous Court, and so nearly unanimous that no Ballot was taken, because none was demanded; and no Ballot was demanded, because there was not a competent Number of Proprietors who disapproved the Measure; and though, for that Reason, the Sense of the Members present only was taken by holding up of Hands, it now appears to be, beyond a Doubt, the confirmed deliberate Sense of the Company; having been reconsidered at no less than Three subsequent Courts, convened for the Purpose of conceiting the proper Measures to support it; at the Two last of which the Votes of the Company at large were taken by a regular Ballot, and the Dividend previously voted was approved and ratified by a large Majority.

To the Validity of the Act of the Sixth of May no Objection could be supported, though attempted it was clearly a valid Act; and, if not valid, the Bill to rescind it would be unnecessary; for the Act of itself would be void.

7thly, Because every Argument used to shew the Impropriety of dividing 12. applies with equal Force to a Dividend of 10 per Cent, which the Bill allows, and indeed to any Dividend at all: and would, if admitted to be a proper Ground for rescinding this Dividend, be equally so for rescinding every Dividend the Company has ever made, or probably will ever make.

For it is hardly possible that, during the Existence of the Company, us Debts can be actually paid off, or their Cash in Hand suffice to discharge those Debts and pay a Dividend, and at the same Time the Trade be carried on to that Extent as will yield to the Company and the Publick the most ample Returns; the whole Argument in Favour of the Bill being reducible to these Two Propositions, that the Company ought to discharge its Debts before this Dividend can be allowed to take Place, and that a Dividend ought to be made upon a Cash Accompt; which is contradicted by the uniform Practice of the Company from its Commencement.

8thly, Because this Bill cannot be meant for the Interests of the Companys Creditors and of the Proprietors; for it is observable that the latter, as far as they may be supposed to understand and may be permitted to judge of their own Interests, entertain and have strenuously expressed a very different Sense of that Matter: And as to the Creditors, it is remarkable that none of them appear to have called for their Money; nor have any of them, by any Petition to this House, or otherwise, made any Complaint, or signified any Desire of such an Interposition in their Favour: On the contrary, it appeared on Evidence, from the Cross Examination of the principal Witness for the Bill, that, so far from doubting of the Sufficiency of the Security, the greatest Evil the Companys Bond Creditors apprehend is the being paid off; and that their Bonds, which some Time since bore a high Premium, though they carry only 3 per Cent. Interest, bear at present a Premium considerably lower, merely from that Apprehension.

9thly, Because a Legislative Interposition, controlling the Dividend of a Trading Company, legally voted and declared by those to whom the Power of doing of it is entrusted, and to whom there is no Ground to impute an Abuse of that Power in the Exercise of it, and who lent their Money to the Publick upon the express Stipulation that they might exercise their Discretion with regard to Dividends, provided their Effects undivided were sufficient to answer their Debts, is altogether without Example; and, as it tends to lessen the Idea of that Security and Independence of the Power of the State, which has induced all Europe to deposit their Money in the Funds of Great Britain, the Precedent may be attended with the most fatal Consequences to Publick Credit.

10thly, Because, if a Bill restraining the future Dividend of the Company was proper, as has been argued, upon any Ideas of fixing and preventing a Fluctuation in the Price of its Stock, that End requires only that the Dividend should be fixed, and may be as well attained by a Dividend of 12 as of 10, and consequently affords no Argument for the retrospective Part of this Bill, or for fixing the future Dividend below the Value of the Stock. But this is, in Truth, so far from being the real Object of any Part of the present Bill, that the short Period to which the Restriction is confined cannot but, instead of preventing, increase that Fluctuation; and, instead of checking, encourage the infamous Practices of the Alley. The Passions of Men will be warmly agitated, during the Summer, in speculating on the Probability of this Restriction being suffered to expire at the Opening of the next Sessions of Parliament; or being continued farther. The Ignorant and Unwary are sure to be the Dupes of those who have the Good-luck to be in the Secret, and are wicked enough to employ it to their own Advantage: But the Proposal made by the Company of submitting to a Restriction of Dividend at the Rate of 12 and extending that Restriction during the temporary Agreement, would have obviated all those Mischiefs, and secured every good End which may have been proposed, but cannot be attained by this Bill; and as the Bill, in its Regulations of that Property, would in that Case have been supported by their Consent, it would have been liable to no Objections of Injustice or Violence.

11thly, Because, if, at the Opening of the next Session of Parliament, the Restriction is permitted to expire, the whole Effect of the Bill, except the Mischiefs it may produce, will be the keeping back for Four or Five Months, from the Pockets of those to whom it belongs, a Sum of Forty Thousand Pounds; the Difference between the Dividend the Company wishes, and that which it is allowed to make by the Bill: This Sum is ridiculously disproportionate to any real Purpose of paying off and reducing the Companys Debts. And if, on the other Hand, the Restriction is then to be continued, and the Parliament henceforward to regulare the Dividend of the Company, and the Whole of their Affairs for that Purpose is to be from Time to Time laid open to publick Examination, it is not difficult to fore see the ruinous Consequences to the Company: And as the Precedent will go to the subjecting of every other Company to the same Sort of Control, the speedy Dissolution of them all will be perhaps the happiest Event the Publick can with, that they may not become so many Engines of Power and Influence; the Consequence of which it is easy to conceive, and unnecessary to describe.

12thly, Because the Argument in Favour of this Limitation, drawn from a Supposition that the Company had exceeded their legal Power of borrowing, on their Bonds, appears to us to be neither founded nor conclusive: It appears, on the natural Construction of the Engrafting Act, that they have kept within the legal Powers given them by that Act, and which have been recognized, as we conceive, by other Acts of Parliament; and we cannot comprehend the Justice, the Policy, or the Decorum, of quarreling at this particular Time with the Exercise of a Power publickly exerted, and which has come frequently within the Cognizance, without incurring the Censure, of Parliament. And as there has been hitherto no Judgement in Law, or even any Suit, Complaint, or Petition whatsoever, upon this Matter, we are fearful lest this Objection might not seem to arise from the Illegality of the Borrowing, but from the Necessity of such a Supposition in, in order to find a Pretence (however insufficient) for this Limitation.

13thly, Because the Inability of the Company to make the Dividend rescinded by this Bill has been argued, on a Supposition that the Right to the Territorial Acquisitions of the Company in The East Indies is not in that Company, but in the Publick; which Method of arguing, if admitted as one of the Grounds of this Bill, We conceive to be inconclusive as to the Subject-matter, and highly dangerous as to the Precedent; for the Company being in Possession, and no Claim against them being so much as made, much less established, we hold it highly dangerous to the Property of the Subjects, and extremely unbecoming the Justice and Dignity of this House, by extrajudicial Opinions to call into Question the Legality of such a Possession, and to act without hearing, as if this House had decided against it.

14thly, Because the Forms of proceeding upon this Bill have been contrary to Precedent, in as much as it appears, by our Journals, that whenever a Bill Judicial in its Nature, as affecting legal Rights and private Property, has come up from the Commons, stating no Facts as a Ground for that Bill, or sating Facts the Evidence of which does not appear in the Preamble, the invariable Practice of this House has been, to desire a Conference with the other, in order to be informed either of the Facts or the Evidence to support such Fasts (if alleged) on which the Bill was originally framed; and the Commons have, on like Occasions, done the same by this House: Instances of this mutual Application, from one House to the other, appear in the following Cases; (videlicet,) Mr. Duncombs Case, March 1697; Directors of the South Sea Company, Aislabie, and Craggs, July 1721; Sir Thomas Cookes Case, 1695 Cases of Kelly, Plunkett, and Bishop of Rochester, March 1722; Bambridges Case, April 1729; Robinson and Thompsons Case, March 1731; Sale of Lord Derwenwaters Estates,&c. 1732; Case of Sir Robert Sutton and others, March 1732, Case of Alexr Wilson and the City of Edinburgh, May 1737.

I5thly, Because, in the Proceedings also on this Bill, no Counsel was appointed, in Support of the Bill, to state the Grounds upon which it proceeded, and to examine and methodize the Witnesses; for Want of which, the Lords themselves were obliged to question them, and appeared more like Parties concerned than Judges.

16thly, Because also, in the Proceedings on this Bill, when Lords who declared themselves Patrons and Friends to the Bill had examined Two Witnesses, and said they were satisfied with their Examination, other Lords were not permitted to call in any other Witnesses, before the Counsel for the East India Company against this Bill were ordered to proceed: It was even denied to Lords to bring again to the Bar the Two Gentlemen who had been examined (Mr. Rous the Chairman, and Mr. Saunders Deputy Chairman, of the Company); although, by the Arrival of the Ship Cruttenden from Bengal since the Examination, which brought a new and very particular Account of the flourishing State of the Companys Affairs in India, it was very possible those Gentlemen might have changed their Opinion; their former Evidence having been merely Matter of Opinion, resulting from such Information as they were at that Time possessed of. Witnesses were dismissed unexamined, whom several Lords wished to have heard; and the Bill was passed, without waiting for the Return of the annual June Account, declared by Mr. Rous to be such, that without it no Judgement of the present State of the Affairs of the Company could be formed, which had been ordered by the House, and, as the Officers informed the House, might have been prepared in a few Days. In this Manner this Bill has passed; which, we are apprehensive, may be found in its Consequence very injurious to private Property, and alarming to publick Credit.

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

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Montagu:

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

East India Companys Agreement, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for establishing an Agreement for the Payment of the annual Sum of Four Hundred Thousand Pounds, for a limited Time, by the East India Company, in respect of the Territorial Acquisitions and Revenues lately obtained in The East Indies.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Darke against Heathfield; Writ of Error Non prosd with Costs.

Upon reading the Petition so Richard Heathfield, Defendant in a Writ of Error depending in this House, wherein Richard Darke is Plaintiff; setting forth, That the Plaintiff hath not assigned Errors within the Time limited by the Standing Orders of this House; and therefore praying, That the said Writ of Error may be Non pros d with such Costs as to their Lordships shall seem meet:

It is Ordered, That the said Petitioner do forthwith enter a Non pros, on the said Writ of Error, as desired and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Oakley against Donne, Writ of Error Plaintiff to return the Certiorari in Two Days.

Upon reading the Petition of Edward Donne, Defendant in a Writ of Error depending in this House, wherein Thomas Oakley is Plaintiff; setting forth, That the Plaintiff in the said Writ of Error hath assigned Errors, and alleged Diminution; and prayed a Certiorari may be directed to the Right Honourable William Lord Mansfield Chief Justice of His Majestys Court of Kings Bench, to certify the Truth of the Premises; and the same hath been granted; that the Petitioner humbly apprehends there is no Diminution or Omission in the Records; and that the Matters assigned for Errors by the said Plaintiff are merely fictitious, and lend only further to delay and oppress the (fn. 3) Petitioner; and therefore praying, That the said Plaintiff may be ordered to sue forth and return the said Writ of Certiorari to the House, on such short Day as to their Lordships shall seem meet:

It is Ordered, That the said Plaintiff do return the said Writ of Certiorari in Two Days.

Foreign Linens imported, Dudes on, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act for granting to His Majesty additional Duties on certain Foreign Linens imported into this Kingdom; and for establishing a Fund for the encouraging of the raising and dressing of Hemp and Flax:

The said Bill was accordingly read the Second Time.

The Petition against the Bill was read.

Then Mr. Henkelt was called in; and, being sworn, acquainted the House, That he is apprized of the Contents of this Bill; that he has been Forty Years in the German and Holland Linen Trade; and that, during that Time, he never knew or heard of Money being exported from hence, in the Linen Trade, to either of those Places; that the Goods exported from hence to Germany and Holland pay very small Duties; that most of the Manufactures exported from hence to Germany are imitated there; but they cannot make a sufficient Quantity for their Consumption; that Four or Five Applications have been made, within his Knowledge, by the Manufacturers Abroad, for Duties to be laid upon our Manufactures, by Way of Retaliation for Duties laid upon theirs; that, in the Year 1747, an additional Duty of 5 Percent was laid upon Importation of Foreign Goods; upon which the Woollen Manufacturers in Prussia applied to His Prussian Majesty, and obtained an Edict, laying a Duty of . 25. per Cent, on our Woollen Goods ad Valorem. This Edict was passed; but upon a Representation to His Majesty of our Linen Dealers, setting forth, That the . 5. per Cent. Duty was a general one, and extended to all Kinds of Foreign Goods imported, they obtained a Repeal of that Edict.

And also gave the House an Account of the Quality and Value of each Species of Linen imported from Germany and Holland; and also the Quantity of Foreign Lawns printed here; and also the Quantity of Linen manufactured in Scotland and Ireland, and also of the Increase of the Exports of the Manufactures of this Country.

He is directed to withdraw.

Then Mr. Payne was called in; and, being sworn, gave the House the like Account as Mr. Henkell did; and of the Difficulty that may arise by certain Linens being described in the Bill under the Name of Long Lawns And Two Pieces of Linen being shewn to him, said, They were what is called Narrow German; and though one is fine, and the other very coarse, they both pay the same Duty.

He is directed to withdraw.

Ordered, That the said Bill be committed.

Moved, That the House be put into a Committee upon the said Bill, on this Day Fortnight.

Which being objected to:

After Debate;

The Question was put thereupon.

It was Resolved in the Negative.

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Lun, vicesimum nonum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 29^o Junii.

Domini tam Spirituales quam Temporales praesentes fuerant:

PRAYERS.

Duties on Black and Singlo Teas todiscouinue, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for taking off the Inland Duty of One Shilling per Pound Weight upon all Black and Singlo Teas consumed in Great Britain; and for granting a Drawback upon the Exportation of Teas to Ireland, and the British Dominions in America, for a limited Time, upon such Indemnification to be made in respect thereof by the East India Company as is therein mentioned; for permitting the Exportation of Teas m smaller Quantities than One Lot to Ireland, or the said Dominions in America; and for preventing Teas seized and condemned from being consumed in Great Britain.

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. Pechell and Mr. Greaves:

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

Foreign Limns imported, Duties on, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for granting to His Majesty additional Duties on certain Foreign Linens imported into this Kingdom; and for establishing a Fund for the encouraging of the raising and dressing of Hemp and Flax.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, Without any Amendment.

Committee to direct the punting of any Parliamentary Records.

Ordered, That the Lords Sub-committees appointed to consider of the Orders and Customs of this House, and of the Privileges of the Peers of Great Britain, and Lords of Parliament, be authorized to direct the: Printing of any Parliamentary Records (of which they may discover Originals, or well-vouched Transcripts) that can supply the Loss of any Rolls of Parliament, or any Defects in them.

Bills passed by Commission.

The Lord Chancellor acquainted the House, That His Majesty had been pleased to issue a. Commission to several Lords therein named, for declaring Royal Assent to several Acts agreed upon by both Houses of Parliament.

The House was adjourned during Pleasure.

The House was resumed.

Then tour or the Lords Commissioners being m their Robes, and seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; with the Lord Steward and the Lord Lovel and Holland on his Right Hand; and the Earl of Marchmont on his Left; commanded the Gentleman Usher of the Black Rod to signify to the Commons, The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read.

Who being come, with their Speaker;

The Lord Chancellor said,

My Lords, and Gentlemen of the House of Commons,

His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and, by the said Commission, hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled For that Purpose: Which Commission you will now hear read.

Then the said Commission was read, by the Clerk, as follows:

George R.

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs, of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, divers and sundry Acts, agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation from this Kingdom or Coffee and Cocoa Nuts of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware exported to America and for more effectually preventing the clandestine Running of Goods in the said Colonies and Plantations: An Act for altering the Stamp Duties upon Policies of Assurance; and for reducing the Allowance to be made in respect of the Prompt Payment of the Stamp Duties on Licenses for retailing Beer, Ale, and other Exciseable Liquors; and for explaining and amending several Acts of Parliament relating to Hackney Coaches and Chairs: An Act for encouraging and regulating the Trade and Manufactures of the Isle of Man, and for the more easy Supply of the Inhabitants there with a certain Quantity of Wheat, Barley, Oats, Meal, and Flour, authorized by an Act made in this Session to be transported to the said Island: An Act for discontinuing the Duties on Logwood exported; for taking off the Duties on Succus Liquoritia imported, and for granting other Duties in Lieu thereof; for explaining such Parts of Two Acts made in the Tenth and Twelfth Years of the Reign of Queen Anne, as relate to certain Duties on Silks printed, painted, or stained, in Great Britain; for granting a Duty upon the Exportation of such Rice as shall have been imported Duty-free, in pursuance of an Act made in this Session of Parliament; and for effectually preventing the Wear of Foreign Lace and Needlework, which are prohibited to be imported into this Kingdom:An Act for amending certain Laws relating to the Revenue of the Post Office; and for granting Rates of Postage for the Conveyance of Letters and Packets between Great Britain and the Isle of Man, and within that Island: An Act for regulating the Proceedings of certain publick Companies and Corporations carrying on Trade or Dealings with Joint Stocks, in respect to the declaring of Dividends; and for further regulating the Qualification of Members for voting in their respective General Courts: An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies: An Act to enable His Majesty to put the Customs and other Duties in the British Dominions in America, and the Execution of the Laws relating to Trade there, under the Management of Commissioners to be appointed for that Purpose, and to be resident in the said Dominions: An Act to amend and enforce the Acts of the Eighteenth, Twenty-first, and Thirty-second-, Years of the Reign of His late Majesty King George the Second, for the more effectual preventing the fraudulent Importation and Wearing of Cambricks and French Lawns: An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers: An Act to enforce, in that Part of Great Britain called Scotland, the Execution of an Act of the lad Session of Parliament, intituled, An Act for repealing the several Duties upon Houses, Windows, and Lights; and for granting to His Majesty other Duties upon Houses, Windows, and Lights and for explaining the said Act: An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments, and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; and to indemnify Members and Officers, in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid, and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors: An Act for applying the Money granted in this Session of Parliament, for carrying on an additional Building, for a more commodious Partage to the House of Commons from Saint Margaret Lane and Old Palace Yard: An Act to amend and render more effectual an Act made in the Eighth Year of the Reign of King George the Second, for Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints; and for vesting in and securing to Jane Hogarth Widow the Property in certain Prints: An Act to continue several Laws therein mentioned, relating to the clandestine Running of Uncustomed Goods, and preventing Frauds relating to the Customs; to prevent the clandestine Running of Goods, and the Danger of Infection thereby; to the granting Liberty to carry Rice from His Majestys Provinces of Carolina and Georgia in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built and navigated according to Law; and to the prohibiting the Importation of Books re-printed Abroad, and first composed, written, and printed, in Great Britain: An Act to continue so much of an Act made in the Thirty-third Year of the Reign of His late Majesty, as relates to the free Importation of Cochineal and Indict; and for allowing the Bounties granted by any Acts of Parliament now in being upon the Exportation of Corn and Malt declared or made for Exportation, and Barley steeped and entered at the Excise Office to be made into Malt for Exportation, before a limited Time: An Act for the better Regulation of the Parish Poor Children of the several Parishes therein mentioned, within the Bills of Mortality: An Act for compleating the Bridge cross the River Thames, from Black Fryars in the City of London, to the opposite Side in the County of Surrey, and the Avenues thereto on the London Side; for redeeming the Tolls on the said Bridge and on London Bridge; for rebuilding the Gaol of Newgate in the said City; for repairing The Royal Exchange within the same; for embanking Part of the North Side of the said River within certain Limits; and for further continuing towards those Purposes the Imposition of Six-pence per Chaldron, or Ten, of Coals and Culm imported into the Port of the said City, established by an Act of the Fifth and Sixth Years of the Reign of King William and Queen Mary; and also for carrying on the new Pavements in the City and Liberties of Westminster and Parishes adjacent, and in the Town and Borough of Southwark; and for other Purposes therein mentioned: An Act for improving the Navigation of the River Lee, from the Town of Hertford, to the River Thames, and for extending the said Navigation to the Flood Gates belonging to the Town Mill in the said Town of Hertford: An Act to explain, amend, and reduce into one Act of Parliament, the several Statutes now in Being, for the Amendment and Preservation of the publick Highways of this Kingdom; and for other Purposes therein mentioned: An Act to explain, amend, and reduce into One Act of Parliament, the general Laws now in being, for regulating the Turnpike Roads of this Kingdom; and for other Purposes therein mentioned: An Act to continue and render more effectual several Acts of Parliament, for repairing the Roads in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex; and for lighting and watering the said Roads; and for paving the Street and Highway, and Footways, in Kensington, and for lighting and watching the same, and the Courts and Alleys adjoining thereto: An Act for repairing and widening several Roads leading from the Town of Ayr, and other Roads therein mentioned, in the County of Ayr: An Act for erecting a proper and convenient Pier at the Port of Saint Ives in the County of Cornwall for the better Protection of Ships and Vessels resorting to the said Port: An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue by the Wills of Jacob late Viscount Folkestone and Sir Edward Des Bouverie Baronet deceased, in Trustees, to be fold; and for purchasing and settling other Lands and Hereditaments in Lieu thereof, and to empower the Tenants for Life to make such Leases as are therein mentioned: An Act for confirming a Partition between the Reverend Erasmus Saunders Doctor in Divinity and Mary his Wife, and Samuel Roycroft the Younger Esquire and Ann his Wife, of several Estates in the County of Lincoln; and for vesting and settling the same to the Uses, and on the Trusts, contained in their respective Marriage Settlements with respect to such Estates; and for other the Purposes therein mentioned: An Act for vetting the undivided Parts of several Manors, Messuages, Closes, Lands, Tenements, Tolls, and other Hereditaments, in the Counties of Leicester and Northampton, devised by the Will of John Cogan Surgeon deceased, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses contained in the said Will: An Act for vesting Part of the settled Estate of Richard Williamson Esquire in Trustees, to be sold; and for applying the Money arising by such Sale for reimbursing the said Richard Williamson the Expenses he has been at in improving the said Estate, and other Purposes therein mentioned: An Act for vesting Part of the settled Estate of Benjamin Booth Esquire and Jane his Wife, in the County of Salop, in Trustees, to be sold; and for laying out the Money arising from such Sale in the Purchase of Lands and Hereditaments to be settled to the like Uses: An Act for vesting Part of the, settled Estate of William Hoskins Esquire, deceased, in the Counties of Surrey and Kent, in Trustees, to De sold, for discharging Money due upon a Mortgage of his Estate in Kent, called Hethenden Earm, and Other Debts and Encumbrances; and for settling said Estate called Hethenden Farm, fo disencumbered, to and for the Uses and Purposes therein mentioned An Act for Sale of divers Messuages, Farms, Lands, and Tenements, in the County of Essex, entailed by the Will of Doctor John Bamber deceased; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled, in Lieu thereof, to the like Uses: An Act for vesting divers Lands and Hereditaments, in the Counties of Sussex, Surrey, and Kent, Part of the settled Estate of John Wicker Esquire, in him, his Heirs, Executors, and Administrators; and for settling the Manor of Knapp alias Knapp, and divers Lands and Hereditaments in the County of Sussex, being the Estate of the said John Wicker, of greater Value, in Lieu thereof: An Act for vesting Part of the settled Estates of William Poyntz Esquire in Trustees, to be sold, for discharging the Encumbrances affecting the same; and for applying the Remainder of the Money thereby raised in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses to which the said Estates stood settled; and for other Purposes therein mentioned: An Act for vesting the settled Estates of Susanna Dowding Widow, in the Counties of Kent and Sussex, in Trustees, to be sold; and for securing the Monies to be paid for the same upon the Trusts, and for the Purposes, in the Act mentioned: An Act for dividing and enclosing a Parcel of Ground, called Broyle Park, within the Manor of Ringmer, in the County of Sussex: An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands and Grounds, in the Parish of Scamblesby, in the County of Lincoln: An Act for dividing, allotting, and enclosing, the Whole year Lands and Pasture Grounds, Half-year Enclosures, Common Fields, and Common or Heath Ground, in the Parish of Shernborn, in the County of Norfolk: An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, Pastures, and Commons, within the Manor and Lordship, or Parish, of Great Oxendon, in the County of Northampton: An Act for draining and preserving certain Fen Lands and Low Grounds, lying in The South Level, Part of the Great Level of the Fens, commonly called Bedford Level, and in the County of Cambridge, be-between the River Cam otherwise Grant, West, and the Hard Lands of Bottisham, Swaffham Bulbeck, and Swaffham Prior, East; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to sell certain Fen Lands lying within the Limits aforesaid, commonly called Invested Lands: An Act for enclosing a Piece of Waste Ground in the Borough and Township of Kirkby in Kendal, for the Benefit of the Poor; and for cleansing and enlightening the Streets of the said Town; and for confirming a Rule or Order of Assize, and Order of the High Court of Chancery, relating to the Rates and Assessments to be raised for Relief of the Poor, by the Inhabitants of the said Township, and the Owners of Lands called The Park and Castle Lands: An Act for dividing a certain Fen, called The Haute Huntre, Eight Hundred, or Holland Fen, and certain other Commonable Places adjoining thereto, in the Parts of Holland, in the County of Lincoln:An Act to amend and render more effectual so much of an Act made in the Thirty-first Year of the Reign of His late Majesty, as relates rd; the draining and working certain Coal Mines in the Manor of Wilnecote, in the County of Warwick: An Act to enable Joseph Copley Esquire (lately called Joseph Moyle) and his Issue to take, use, and bear, the Surname and Arms of Copley, pursuant to the Will of Lionel Copley Esquire, deceased: An Act for naturalizing Henry Heyman, And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto; yet, nevertheless, the same are not of Force and Effect in the Law, without Our Royal Assent given and put to the said Acts: And forasmuch as, for divers Causes and Considerations, We cannot conveniently at this Time be present, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons We have therefore caused these Our Letters Patent to be made, and have signed the same; and, by the same, do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions, therein contained; and have fully agreed and assented to the said Acts; willing, that the said Acts, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly, in the Presence of you all, assented to the same. And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and Commons aforesaid, as to all others whom it may concern; commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor Charles Lord Camden Our Chancellor of Great Britain to seal these Our Letters Patent with Our Great Seal of Great Britain; and also commanding the most Reverend Father in God Our Right Trusty and Well-beloved Counsellor Thomas Archbishop of Canterbury Primate and Metropolitan of all England, Our said Chancellor of Great Britain, Our Right Trusty and Right Well-beloved Cousins and Counsellors Robert Earl of Northington President of Our Council, William Earl of Chatham Keeper of Our Privy Seal, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors Augustus Henry Duke of Grafton First Commissioner of Our Treasury, Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven Great Chamberlain of England, Hugh Duke of Northumberland, and Our Right Trusty and Right Well-beloved Cousins and Counsellors William Earl Talbot Steward of Our Household, Francis Seymour Earl of Hertford Chamberlain of Our Household, Robert Earl of Holdernesse, Hugh Earl of Marchmont, George William Earl of Bristol Lieutenant General and General Governor of Our Kingdom of Ireland, Simon Earl Harcourt, John Earl Ligonier, and Our Right Trusty and Well-beloved Counsellors William Lord Wycombe One of Our Principal Secretaries of State, William Lord Mansfield Our Chief Justice assigned to hold Pleas before Us, Thomas Lord Grantham, and John Lord Lovell & Holland, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence, in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite and hath been accustomed for the same, and also to enrol these Our Letters Patent and the said Acts in the Parliament Roll, and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf. And, finally, We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted, good, sufficient, and perfect, Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof notwithstanding. In Witness whereof, We have caused these Our Letters to be made Patent.

Witness Ourself, at Westminster; the Twenty-ninth Day of June, in the Seventh Year of Our Reign.

By the King Himself, signed with His own Hand.

Yorke and Yorke.

Then the Lord Chancellor said,

In Obedience to His Majestys Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal and Commons in Parliament assembled; that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words.

Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed severally, as follow:

1 An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Custoras upon the Exportation from this Kingdom of Coffee and Cocoa Nuts, of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware exported to America; and for more effectually preventing the clandestine Running of Goods in the said Colonies and Plantations.

2. An Act for altering the Stamp Duties upon Policies of Assurance; and for reducing the Allowance to be made in respect of the Prompt Payment of the Stamp Duties on Licenses for retailing Beer, Ale, and other Exciseable Liquors; and for explaining and amending several Acts, of Parliament relating to Hackney Coaches and Chairs.

3. An Act for encouraging and regulating the Trade and Manufactures of the Isle of Man; and for the more easy Supply of the Inhabitants these with a certain Quantity of Wheat, Barley, Oats, Meal, and Flour, authorized by an Act made in this Session to be transported to the said Islatid.

4. An Act for discontinuing the Duties on Logwood exported; for taking off the Duties on Suecui Liquoritia imported, and for granting other Duties in Lieu thereof; for explaining such Parts of Two Acts made in the Tenth and Twelfth Years of the Reign of Queen Anne, as relate to certain Duties on Silks printed, painted, or stained, in Great Britain; for granting a Duty upon the Exportation of such Rice as shall have been imported Duty free, in Pursuance of an Act made in this Session of Parliament; and for more effectually preventing the Wear of Foreign Lace and Needle-work, which are prohibited to be imported into this Kingdom.

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

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

5. An Act for amending certain Laws relating to the Revenue of the Post Office; and for granting Rates of Postage for the Conveyance of Letters and Packets between Great Britain and The Isle of Man, and within that Island.

6 An Act for regulating the Proceedings of certain publick Companies and Corporations, carrying on Trade or Dealings with Joint Stocks, in respect to the declaring of Dividends; and for further regulating the Qualification of Members for voting in their respective General Courts.

7. An Act for regulating certain Proceedings of the General Courts of the United Company of Merchants of England trading to The East Indies

8. An Act to enable His Majesty to put the Customs and other Duties in the British Dominions in America, and the Execution of the Laws relating to Trade there, under the Management of Commissioners, to be appointed for that Purpose, and to be resident in the said Dominions.

9. An Act to amend and enforce the Acts of the Eighteenth, Twenty-first, and Thirty-second Years of the Reign of His late Majesty King George the Second, for the more effectual preventing the fraudulent Importation and Wearing of Cambricks and French Lawns.

10. An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers.

11. An Act to enforce, in that Part of Great Britain called Scotland, the Execution of an Act of the last Session of Parliament, intituled, An Act for repealing the several Duties upon Houses, Windows, and Lights; and for granting to His Majesty other Duties upon Houses, Windows, and Lights; and for explaining the said Act.

12. An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others who have omitted to register or deliver in their Qualifications within the Time limited by Law, and for giving further Time for those Purposes; and to indemnify Members and Officers, in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to Law, or, having been stamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped; and to give further Time to such Persons as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors.

13. An Act for applying the Money granted in this Session of Parliament, for carrying on an additional building, for a more commodious Passage to the House Commons, from Saint Margarets Lane and Old Palace Yard.

14. An Act to amend and render more effectual an Act made in the Eighth Year of the Reign of King George the Second, for Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints; and for vesting in and securing to Jane Hogarth Widow the Property in certain Prints.

15. An Act to continue several Laws therein mentioned, relating to the clandestine Running of Uncustomed Goods, and preventing Frauds relating to the Customs; to prevent the clandestine Running of Goods, and the Danger of Infection thereby to the granting Liberty to carry Rice from His Majestys Provinces of Carolina and Georgia in America directly to any Part of Europe Southward of Cape Finisterre, in Ships built and navigated according to Law; and to the prohibiting the Importation of Books re. printed Abroad, and first composed, written, and printed, in Great Britain.

16. An Act to continue so much of an Act made in the Thirty-third Year of the Reign of His late Majesty, as relates to the free Importation of Cochineal and Indict; and for allowing the Bounties granted by any Acts of Parliament now in Being, upon the Exportation of Corn and Malt declared or made for Exportation, and Barley steeped and entered at the Excise Office to be made into Malt for Exportation, before a limited Time.

17. An Act for the better Regulation of the Parish Poor Children of the several Parishes therein mentioned, within the Bills of Mortality.

18. An Act for compleating the Bridge cross the River Thames from Black Fryars in the City of London, to the opposite Side in the County of Surrey, and the Avenues thereto on the London Side, for redeeming the Tolls on the said Bridge and on London Bridge; for re-building the Gaol of Newgate in the said City; for repairing The Royal Exchange within the same; for embanking Part of the North Side of the said River, within certain Limits; and for further continuing, towards those Purposes, the Imposition of Six Pence per Chaldron, or Ton, of Coals and Culm imported in to the Port of the said City, established by an Act of the Fifth and Sixth Years of the Reign of King William and Queen Mary; and also for carrying on the new Pavements in the City and Liberties of Westminster and Parishes adjacent, and in the Town and Borough of Southwark and for other Purposes therein mentioned.

19. An Act for improving the Navigation of the River Lee, from the Town of Hertford, to the River Thames and for extending the said Navigation to the Flood Gates belonging to the Town Mill in the said Town of Hertford.

20. An Act to explain, amend, and reduce into one Act of Parliament, the several Statutes now in Being, for the Amendment and Preservation of the publick Highways of this Kingdom; and for other Purposes therein mentioned.

21. An Act to explain, amend, and reduce into one Act of Parliament, the General Laws now in Being, for regulating the Turnpike Roads of this Kingdom; and for other Purposes therein mentioned.

22. An Act to continue and render more effectual several Acts of Parliament, for repairing the Roads in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex, and for lighting and watering the said Roads; and for paving the Street and Highway, and Footways, in Kensington; and for lighting and watching the same, and the Courts and Alleys adjoining thereto.

23. An Act for repairing and widening several Roads leading from the Town of Ayr, and other Roads therein mentioned, in the County of Ayr.

24. An Act for erecting a proper and convenient Pier at the Port of Saint Ives, in the County of Corn wall, for the better Protection of Ships and Vessels resorting to the said Port.

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

Le Roy le vault.

25. An Act for vesting several Lands and Tenements, settled and entailed upon William Earl of Radnor and his Issue by the Wills of Jacob late Viscount Folkestone and Sir Edward Des Bouverie Baronet, deceased, in Trustees, to be sold; and for purchasing and settling other Lands and Hereditaments in Lien thereof; and to empower the Tenants for Life to make such Leases as are therein mentioned.

26. An Act for confirming a Partition between the Reverend Erasmus Saunders Doctor in Divinity and Mary his Wise, and Samuel Roycroft the Younger Esquire and Ann his Wife, of several Estates in the County of Lincoln; and for vesting and settling the same to the Uses, and on the Trusts, contained in their respective Marriage Settlements with respect to such Estates; and for other the Purposes therein mentioned.

27. An Act for vesting the undivided Parts of several Manors, Messuages, Closes, Lands, Tenements, Tolls, and other Hereditaments, in the Counties of Leicester and Northampton, devised by the Will of John Cogan Surgeon, deceased, in Trustees, to be sold; and for applying the Money arising by such Sale in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses contained in the said Will.

28. An Act for vesting Part of the settled Estate of Richard Williamson Esquire in Trustees, to be sold; and for applying the Money arising by such Sale for reimbursing the said Richard Williamson the Expenses he has been at in improving the said Estate; and other Purposes therein mentioned.

29. An Act for vesting Part of the settled Estate of Benjamin Booth Esquire and Jane his Wise, in the County of Salop, in Trustees, to be sold; and for laying out the Money arising from such Sale in the Purchase of Lands and Hereditaments, to be settled to the like Uses.

30. An Act for vesting Part of the settled Estate of William Hoskins Esquire, deceased, in the Counties of Surrey and Kent, in Trustees, to be fold, for discharging Money due upon a Mortgage of his Estate in Kent, called Hethenden Farm, and other Debts and Encumbrances; and for settling said Estate called Hethenden Farm, so disencumbered, to and for the Uses and Purposes therein mentioned.

31. An Act for Sale of divers Messuages, Farms, Lands, and Tenements, in the County of Essex, entailed by the Will of Doctor John Bamher, deceased; and for laying out the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in Lieu thereof to the like Uses.

32. An Act for vesting divers Lands and Hereditaments, in the Counties of Sussex, Surry, and Kent, Part of the settled Estate of John Wicker Esquire, in him, his Heirs, Executors, and Administrators; and for settling the Manor of Knepp alias Knapp, and divers Lands and Hereditaments, in the County of Sussex, being the Estate of the said John Wicker, of greater Value, in Lieu thereof.

33. An Act for vesting Part of the settled Estates of William Poyntz Esquire in Trustees, to be sold, for discharging the Encumbrances affecting the same; and for applying the Remainder of the Money thereby raised in the Purchase of other Lands, Tenements, and Hereditaments, to be settled to the Uses to which the said Estate stood settled;and for other Purposes therein mentioned.

34. An Act for vesting the settled Estates of Susanna Dowding Widow, in the Counties of Kent and Sussex in Trustees, to be sold; and for securing the Monies to be paid for the same upon the Trusts, and for the Purposes, in the Act mentioned.

35. An Act for dividing and enclosing a Parcel of Ground called Broyle Park, within the Manor of Ringmer, in the County of Sussex.

36. An Act for dividing and enclosing the Open and Common Fields, Common Meadows, and other Commonable Lands and Grounds, in the Parish of Scamblesby, in the County of Lincoln.

37. An Act for dividing, allotting, and enclosing, the Whole-year Lands and Pasture Grounds, Half-year Enclosures, Common Fields, and Common or Heath Ground, in the Parish of Shernborn in the County of Norfolk.

38. An Act for dividing and enclosing the several Open and Common Fields, Common Meadows, Pastures, and Commons, within the Manor and Lordship or Parish of Great Oxendon, in the County of Northampton.

39. An Act for draining and preserving certain Fen Lands and Low Grounds, lying in The South Level, Part of the Great Level of the Fens, commonly called Bedford Level, and in the County of Cambridge, between the River Cam otherwise Grant, West; and the Hard Lands of Bottrsham, Swaffham Bulbeck, and Swaffham Pitor, East; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, to sell certain Fen Lands, lying within the Limits aforesaid, commonly called Invested Lands.

40. An Act for enclosing a Piece of Waste Ground, in the Borough and Township of Kirkby in Kendal, for the Benefit of the Poor; and for cleansing and enlightening the Streets of the said Town; and for confirming a Rule or Order of Assize, and Order of the High Court of Chancery, relating to the Rates and Assessments to be raised for Relief of the Poor, by the Inhabitants of the said Township, and the Owners of Lands called The Park and Castle Lands.

41. An Act for dividing a certain Fen, called The Haute Huntre, Eight Hundred, or Holland Fen, and certain other Commonable Places adjoining thereto, in the Parts of Holland, in the County of Lincoln.

42. An Act to amend and render more effectual so much of an Act made in the 31st Year of the Reign of His late Majesty, as relates to the draining and working certain Coal Mines in the Manor of Wilnecote, in the County of Warwick.

43. An Act to enable Joseph Copley Esquire (lately called Joseph Moyle) and his Issue to take, use, and bear, the Surname and Arms of Copley, pursuant to the Will of Lionel Copley Esquire, deceased.

44. An Act for naturalizing Henry Heyman.

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

Soit fait comme il est desire.

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Message from H. C to return Lamacks Nat Bill.

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

To return the Bill, intituled, An Act for naturalizing Sophia Magdalen Lamack, an Infant; and to acquaint this House, that they have agreed to the same, without any Amendment.

Governor, Council, and Assembly, of New York, retraining Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, An Act for restraining and prohibiting the Governor, Council, and House of Representatives, of the Province of New York, until Provision shall have been made for furnishing the Kings Troops with all the Necessaries required by Law, from passing or assenting to any Act of Assembly, Vote, or Resolution, for any other Purpose:

The said Bill was accordingly read the Second Time.

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

E. India Agreement, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for establishing an Agreement for the Payment of the annual Sum of Four Hundred Thousand Pounds, for a limited Time, by the East India Company, in respect of the Territorial Acquisitions and Revenues lately obtained in The East Indies.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Message to H. C. that the Louis 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.

American Mutiny, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for further continuing an Act of the last Session of Parliament, intituled, An Act to amend and render more effectual, in His Majestys Dominions in America, an Act passed in this present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion and for the better Payment of the Army and their Quarters.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Rochfort against the E. of Ely.

The Answer of Henry Loftus Esquire and Nicholas Earl of Ely, to the Appeal of George Rochfort Esquire and others, was this Day brought in.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Junii, hora undecima Auror, Dominis sic decernentibus.

Die Martis, 30^o Junii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Report Committee of Privileges of Descents certain Peers.

The Lord Botetourt reported from the Lords Committees for Privileges, appointed to examine the Pedigrees of Thomas Earl of Effingham, Stephen Earl of Ilchester, Norborne Lord Botetourt, and John Lord Lovel and Holland:

That the Committee have met, and received the Pedigrees of the said Lords, and examined the Heralds, upon Oath thereto, at the Bar, who have fully verified the same, together with the Proofs thereof; and that the said Lords have respectively signed and certified the same to be true, to the best of their Knowledge, Information, and Belief, upon their Honour, pursuant to the Orders of this House.

Governor, Council, and Assembly, of New York, restraining Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for restraining and prohibiting the Governor, Council, and House of Representatives, of the Province of New York, until Provision shall have been made for furnishing the Kings Troops with all the Necessaries required by Law, from passing or assenting to any Act of Assembly, Vote, or Resolution, for any other Purpose.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.

Foreign Linens imported, additional Duties, Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for granting to His Majesty additional Duties on certain Foreign Linens imported into this Kingdom; and for establishing a Fund for the encouraging of the raising and dressing of Hemp and Flax.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative:

American Mutiny, Bill:

Hodie3^a vice lecta est Billa, intituled, An Act for further continuing an Act of the last Session of Parliament, intituled, An Act to amend and render more effectual, in His Majestys Dominions in America, an Act passed in this present Session of Parliament, intituled, An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

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.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Cudden;

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

Oakley against Donne;

Upon reading the Petition of Edward Donne, Defendant in a Writ of Error depending in this House, wherein Thomas Oakley is Plaintiff; setting forth, That the Petitioner, in Easter Term last, recovered a Judgement in His Majestys Court of Kings Bench, against the said Plaintiff, for One Hundred and Fourteen Pounds Costs and Damages; that the said Plaintiff thereupon brought a Writ of Error returnable in this House, and thereupon assigned Errors, and prayed Writs of Certiorari (which Certioraries were, by Order of the House, directed to be returned in Two Days) but never sued out the same; that the Plaintiff is a Bankrupt, and hath, since the assigning of the said Errors, surrendered himself in Discharge of his Bail in the said Cause;and therefore praying, That the said Writ of Error may be Non Prosd, with such Costs as to their Lordships shall seem meet; the Agent for the Plaintiff having signed the said Petition, as consenting thereto:

Writ of Error Non prosd, with Costs.

It is Ordered, That the said Petitioner do forthwith enter a Non pros, on the said Writ of Error, as desired; and that the Record be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Governor, Council, and Assembly, of New York, restraining Bill.

Hodie3^a vice lecta est Billa, intituled, An Act for restraining and prohibiting the Governor, Council, and House of Representatives, of the Province of New York, until Provision shall have, been made for furnishing the Kings Troops with all the Necessaries required by Law, from passing or assenting to any Act of Assembly, Vote, or Resolution, for any other Purpose.

A Clause was offered, to be added to the said Bill, by Way of Rider, to provide that nothing therein before contained shall extend, or be construed to extend, to hinder, prevent, or invalidate, the Choice, Election, or Approbation, of a Speaker of the House of Representatives; for the Time being, within the said Colony, Plantation, or Province.

And the same, being read Three Times by the Clerk Was agreed to by the House.

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

To carry down the said Bill, with the Rider, and desire their Concurrence thereto.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem Julii jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.