June 1720
DIE Mercurii, 1o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Manchester.
Dux Chandos.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Berkeley.
Comes Rochester.
Comes Holderness.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Rockingham.
Comes Stanhope.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Cobham. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Teynham.
Ds. Cornwallis.
Ds. Ashburnham.
Ds. Weston.
Ds. Rosse.
Ds. Foley.
Ds. Onslow.
Ds. Romney. |
PRAYERS.
Assurance of Ships and Merchandizes, &c. Bill.
A Message from the House of Commons, by Mr.
Farrer and others:
With a Bill, intituled, "An Act for better securing
certain Powers and Privileges intended to be granted
by His Majesty, by Two Charters, for Assurance of
Ships and Merchandizes at Sea, and for lending
Money upon Bottomry; and for restraining several
extravagant and unwarrantable Practices therein mentioned;" to which they desire the Concurrence of
this House.
The said Bill was read the First Time, and ordered to
be read a Second Time To-morrow; and the Lords to
be summoned.
Message from H. C. to return Germain's Nat. Bill.
A Message from the House of Commons, by Mr.
Mason and others:
To return the Bill, intituled, "An Act for naturalizing Philip Germain;" and to acquaint this House,
that they have agreed to their Lordships Amendments
made thereto.
L. Weston's Privilege, concerning an Estate of his, surveyed and taken Possession of by Green and Stokes, Report.
The Earl of Clarendon reported from the Lords Committees for Privileges, to whom the Matter of the Complaint, "That John Green and Gabriel Stokes had surveyed
and taken Possession of an Estate belonging to the Lord
Weston, who is Earl of Arran in the Kingdom of Ireland, in Breach of the Privilege of this House," was
referred: "That there was produced to the Committee,
and read, Two Affidavits, mentioned to be sworn the
Sixteenth of October 1719, before one Patrick Hackett,
the one by Dennis Connor, and the other by Thomas
Archdeacon; both attesting, "That, on the Twentieth
Day of March 1718/19, the said John Green and Gabriel Stokes, Surveyors, had Notice severally given
them, in Writing, That the said Earl of Arran was
concerned in Point of Interest, in a Cause wherein
William Lenthall and others were Plaintiffs, and
Mathias and others Defendants; and in regard his
Lordship was not made a Party, he did insist on his Privilege, and that no further Proceeding should be had
in the said Cause, until he was made a Party thereto:
Upon reading which said Notice, the said Green and
Stokes used contemptuous Expressions of the Privilege of England; and thereupon did proceed to
survey the said Earl's Part of Killough; and on the
said Twentieth of March, and the next Day, surveyed the same accordingly, whereby they gave the
Plaintiffs at least Two Hundred Acres of his Lordship's Estate, which he was then in peaceable Possession of; and that, some Time in June 1719, the
Plaintiff's Mother was, by the Sheriff, or reputed
Sheriff, of the County of Tipperary, put into Possession of the said Two Hundred Acres, so set out by
the said Green and Stokes."
That the Committee being informed, one Daniel
Sullivan attended: He was called in; and the said
Affidavits being shewed to him, he was examined
upon Oath, as to his Knowledge of the Matter of
this Complaint; and thereupon acquainted their
Lordships, "That he did not know the Persons who
made the said Affidavits, nor could he attest the
Truth of what was therein contained; but only that
the Tenants have been dispossessed of the said Lands,
and have paid no Rent to the said Earl since the
Time they were so dispossessed as aforesaid."
The Committee, upon Consideration of this whole
Matter, did not think proper to give any Opinion
therein; but directed the same to be reported specially to the House."
Which Report being read by the Clerk, as likewise
the Standing Order; which directs, "That no Person shall
be taken into Custody, on Complaint of a Breach of
Privilege, but upon Oath made at the Bar of this
House:"
It is Ordered, That the said Standing Order, as
also the Matter of the said Report, be taken into Consideration on Friday next; and the Lords to be summoned.
Building Gaols, suppressing Piracy, and establishing Articles of War for the Navy, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for building and repairing County
Gaols, and other Gaols, Prisons, and Session Houses,
in that Part of Great Britain called England; and
for ascertaining the Fees of the said Gaols; and for
the better Relief of Prisoners in the said Gaols and
Prisons; and for making perpetual an Act of the
Eleventh and Twelfth Years of the Reign of King
William the Third, for the more effectual Suppression
of Piracy; and for making more effectual the Act
of the Thirteenth Year of the Reign of King Charles
the Second, intituled, "An Act for the establishing
Articles and Orders for the regulating and better Government of His Majesty's Ships of War and Forces
by Sea."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the said
Bill, and made several Amendments thereunto; which
he was directed to report, when their Lordships will
please to receive the same."
Ordered, That the Report of the said Amendments
be received To-morrow.
Relief of In solvent Debtors, Bill.
The Order of the Day, for the House to be in a
Committee on the Bill, intituled, "An Act for Relief
of Insolvent Debtors," being read:
It is Ordered, That the House be put into a Committee thereupon To-morrow; and that some of the
Judges do then attend.
Causes put off.
Whereas To-morrow is appointed, for hearing the
Cause wherein John Campbell of Calder Esquire is Appellant, and Ruth Campbell, alias Pollock, is Respondent:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Friday next: And
that the Cause wherein Redmond Barry Esquire is Appellant, and Anne Jephson Widow is Respondent, which
was appointed for that Day, be heard on the Saturday
following.
Robbery, &c. for further preventing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the further preventing Robbery, Burglary, and other
Felonies; and for the more effectual Transportation
of Felons."
The Question was put, "Whether this Bill, with
the Amendments, shall pass ?
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. Meller and Mr. Lightboun:
To carry down the said Bill; and acquaint them, that the
Lords have agreed to the same, with several Amendments,
whereunto their Lordships desire their Concurrence.
Message to H. C. for Mr. Minshull to attend, about Donnelly's Petition.
A Message was sent to the House of Commons, by
Mr. Meller and Mr. Lightboun:
To desire, "That they will give Leave to Edward Minshall Esquire, a Member of their House, to come to
a Committee of Lords, to whom the Petition of
Dominick Donnelly, in relation to the stopping of Dagenham Breach, stands referred, in order to be examined at that Committee."
Chevers versus Geoghegan & al.;
The House being moved, "That a Day may be appointed, in the next Sessions of Parliament, for hearing the Cause wherein Andrew Chevers and others
are Appellants, and Terence Geoghegan and John
Rogerson Esquire are Respondents:"
Hearing appointed next Session.
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, the First vacant Day in
the next Session, after the Causes already appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, secundum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Jovis, 2o. Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. London.
Epus. Meneven.
Epus. Glocestr.
Epus. Asaphen.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Graston.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
March. Annandale.
Comes Dorset & Midd'x.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Godolphin.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Ferrers.
Comes Rockingham.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Guilford.
Ds. Ashburnham.
Ds. Lempster.
Ds. Haversham.
Ds. Rosse.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh. |
PRAYERS.
Army Debts, &c. Commissioners to state, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for appointing Commissioners, to
examine, state, and determine, the Debts due to
the Army; and to examine and state the Demands of
several Foreign Princes and States for Subsidies, during the late War."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill;
and directed him to report the same to the House,
without any Amendment."
Mr. Minshul, Leave to attend Committee.
The Messengers sent Yesterday to the House of Commons return Answer: "That the Commons do give
Leave to Edward Minshull Esquire, a Member of
their House, to come to a Committee of Lords, to
whom the Petition of Dominick Donnelly, in relation
to the stopping of Dagenham Breach, stands reserred,
in order to be examined at that Committee, if he
thinks fit."
Assuring of Ships and Merchandizes, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
better securing certain Powers and Privileges intended
to be granted by His Majesty, by Two Charters, for
Assurance of Ships and Merchandizes at Sea, and
for lending Money upon Bottomry; and for restraining several extravagant and unwarrantable Practices therein mentioned."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Complaint of Weekly Journals, relating to the Protestants, in The Palatinate:
Complaint was made to the House, of certain News
Papers, intituled, "The Weekly Journal," of the Second
of January, and the Second, Ninth, and Sixteenth, of
April, 1720.
And several Passages therein, concerning the Protestants in The Palatinate, being read:
It is Resolved, by the Lords Spiritual and Temporal
in Parliament assembled, That these Papers are scandalous, injurious to the poor Protestants in The Palatinate, and highly reflecting upon the Conduct and Interposition of His Majesty and of the other Protestant
Powers in their Favour.
Address for a Prosecution of the Author, Printer, and Publishes:
Ordered, by the Lords Spiritual and Temporal in
Parliament assembled, That an humble Address be presented to His Majesty, to lay before Him the said Resolution; and to desire, "That His Majesty will be
pleased to direct a Prosecution of the Author, Printer,
and Publisher, of the said Papers."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Address on Behalf of the persecuted Protestants.
Ordered, by the Lords Spiritual and Temporal in
Parliament assembled, That an humble Address be presented to His Majesty, "To return His Majesty the
Thanks of this House, for the Continuance of His
seasonable Interposition, in Conjunction with the
other Protestant Powers, on Behalf of the poor persecuted Protestants Abroad; to express the Satisfaction of this House, in the Prospect there is, that, by
His Gracious Endeavours, they shall obtain the Redress of their Grievances, and be restored to the
Enjoyment of those Rights and Privileges to which
they have the justest Title by the most solemn Treaties,
and be secured in the future Enjoyment of them;
and to assure His Majesty, That this House will support Him with the utmost Vigour in the Prosecution
of such Measures, as He, in His Wisdom, shall judge
most conducive to so great and good an End."
The Lords following were appointed a Committee,
to prepare an Address pursuant thereunto; and report to the House; (videlicet,)
|
Ld. President.
D. Somerset.
D. Grafton.
D. Bolton.
M. Annandale.
E. Dorset & Middl'x.
E. Clarendon.
E. Ferrers.
E. Stanhope.
E. Coningesby.
Viscount Townshend. |
L. Abp. Canterbury.
L. Bp. London.
L. Bp. Glocester. |
L. Howard Eff.
L. Cornwallis.
L. Newburgh. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Building and reparing Gaols, suppresing Priacy, and establishing Articles of War for the Navy, Bill.
The Earl of Clarendon (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act for building and repairing
County Gaols, and other Gaols, Prisons, and Sessionhouses, in that Part of Great Britain called England;
and for ascertaining the Fees of the said Gaols; and
for the better Relief of Prisoners in the said Gaols
and Prisons; and for making perpetual an Act of
the Eleventh and Twelfth Years of the Reign of
King William the Third, for the more effectual Suppression of Piracy; and for making more effectual
the Act of the Thirteenth Year of the Reign of King
Charles the Second, intituled, "An Act for the
establishing Articles and Orders for the regulating
and better Government of His Majesty's Ships of
War and Forces by Sea," was committed; the Amendments made by the Committee to the said Bill, as
follow:
"Pr. 1. Line 23. Leave out from ["perpetual"]
to ["And whereas"], in the 24th Line of the 3d
Press."
"Pr. 3. Line 40. Leave out from ["Notwithstanding"] to ["And"], in the 27th Line of the 8th
Press."
"To the Title of the Bill:
"Line 1. Leave out from ["for"] to the Second
["And"], in the 5th Line; and insert ["making
perpetual so much of an Act made in the Tenth
Year of the Reign of Queen Anne, for the reviving
and continuing several Acts therein mentioned, as relates to the building and repairing County Gaols"];
and in the same Line leave out ["for making perpetual"], and insert ["also"]"
Which Amendments, being read by the Clerk, were
agreed to by the House.
D. Portland versus Edwards, in Error.
The Lord Chief Baron of the Court of Exchequer,
in the usual Manner, brought up the Transcript of a
Record upon a Writ of Error; wherein,
Henry Duke of Portland is Plaintiff,
and
Francis Edwards Defendant.
Insolvent Debtors Relief, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for Relief of Insolvent Debtors."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had made some Progress in
the Bill; and directed him to move, That they may
have Leave to sit again."
Ordered, That the House be put into a Committee
again, to consider further of the said Bill, To-morrow.
Causes put off.
Whereas To-morrow is appointed, for hearing the
Cause wherein John Campbell of Calder Esquire is Appellant, and Ruth Campbell, alias Pollock, is Respondent:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Saturday next; and
that the Cause wherein Redmond Barry Esquire is Appellant, and Anne Jephson Widow is Respondent, which
was appointed for that Day, be heard on Monday following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
tertium diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Veneris, 3o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cantuar.
Epus. Winton.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Rutland.
Dux Roxburgh.
Dux Manchester.
March. Annandale.
Comes Leicester.
Comes Northampton.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Yarmouth.
Comes Rochester.
Comes Holderness.
Comes Godolphin.
Comes Rockingham.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton. |
Ds. Delawar.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Haversham.
Ds. Rosse.
Ds. Trevor.
Ds. Foley.
Ds. Carleton.
Ds. Onslow. |
PRAYERS.
Assuring of Ships and Merchandizes, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for better securing certain Powers
and Privileges intended to be granted by His Majesty,
by Two Charters, for Assurance of Ships and Merchandizes at Sea, and for lending Money upon
Bottomry; and for restraining several extravagant
and unwarrantable Practices therein mentioned."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill;
and directed him to report the same to the House,
without any Amendment."
Address in Behalf of the persecured Protestants in The Palatinate, reported.
The Lord Archbishop of Canterbury reported from
the Lords Committees, appointed to prepare an humble
Address to be presented to His Majesty, pursuant to the
Order of this House Yesterday, "That they had prepared an Address accordingly, as follows:
"Most Gracious Sovereign,
After ["Temporal"] the Words ["and Commons"] were inserted.
"We, Your Majesty's most dutiful and loyal Subjects,
the Lords Spiritual and Temporal in Parliament assembled, do most humbly return
Your Majesty our most hearty Thanks, for
the Continuance of Your seasonable Interposition, in
Conjunction with the other Protestant Powers, on the
Behalf of the poor persècuted Protestants Abroad.
"We also beg Leave humbly to express our Satisfaction, in the Prospect there is, that, by Your Majesty's Gracious Endeavours, they may obtain the
Redress of their Grievances, and be restored to the
Enjoyment of those Rights and Privileges to which
they have the justest Title by the most solemn Treaties, and be secured in the future Enjoyment of
them.
"And we do assure Your Majesty, That we will
chearfully concur with Your Majesty, in the Prosecution of such Measures as Your Majesty in Your
Wisdom shall judge most conducive to so great and
good an End."
Which Address, being read by the Clerk entire,
was afterwards read, and agreed to, Paragraph by
Paragraph.
Ordered, That the said Address be transcribed,
leaving a Space after the Word ["Temporal."]
Message to H. C. with the Address.
Then, a Message was sent to the House of Commons,
by Mr. Hiccocks and Mr. Lovibond:
To acquaint them, that the Lords have agreed upon
an Address to be presented to His Majesty; to which
they desire their Concurrence.
Building and repairing Gaols, suppressing Puacy, and establishing Articles of War for the Navy, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
building and repairing County Gaols, and other
Gaols, Prisons, and Session-houses, in that Part of
Great Britain called England; and for ascertaining
the Fees of the said Gaols; and for the better Relief
of Prisoners in the said Gaols and Prisons; and for
making perpetual an Act of the Eleventh and
Twelfth Years of the Reign of King William the
Third, for the more effectual Suppression of Piracy;
and for making more effectual the Act of the
Thirteenth Year of the Reign of King Charles the
Second, intituled, "An Act for the establishing
Articles and Orders for the regulating and better
Government of His Majesty's Ships of War, and
Forces by Sea."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. Hiccocks and Mr. Lovibond:
To carry down the said Bill; and acquaint them, that
the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.
Commons Answer about the Address:
The Messengers sent to the House of Commons, being
returned, acquainted the House, "That the Commons
will sent an Answer by Messengers of their own."
The House was adjourned during Pleasure.
The House was resumed.
Message from them, that they have agreed to it.
A Message was brought from the House of Commons,
by Colonel Berkeley and others:
To return the Address sent down to them; and to
acquaint this House, that they have agreed to the same,
by filling up the Blank with the Words ["and Commons."]
Lords with White Staves, to know when His Majesty will be attended.
Ordered, That the Lords with White Staves do
wait on His Majesty, humbly to know what Time His
Majesty will please to appoint to be attended, with an
Address of both Houses of Parliament.
L. Weston's Report, Privilege:
The House (according to Order) proceeded to take
into Consideration the Standing Order of the Eleventh
of January 1699, which requires Oath of a Breach of
Privilege to be made, at the Bar of this House, in order
to the taking any Person into Custody; as also the
Report from the Committee of Privileges, to whom the
Complaint of a Breach of Privilege committed against
the Lord Weston, who is Earl of Arran in the Kingdom
of Ireland, was referred.
And the said Standing Order and Report being read,
this Explanation of and Addition to the said Order was
made; (videlicet,)
Explanation of the Order concerning Privilege; that an Affidavit from Ireland may be sufficient to take Persons into Custody:
"That the same is to be understood only of Breaches of
Privilege committed in Great Britain; but that Oath
made by Affidavit in Writing, of a Breach of Privilege committed in Ireland, may be sufficient Ground
to take into Custody the Person thereby proved to
have been guilty of such Breach of Privilege, though
no Oath be made thereof at the Bar of this House."
Ordered, That the said Explanation and Addition
be entered on the Roll of Standing Orders.
Authority of the Person before whom the Affidavit is made, to be described.
Notice being taken, "That the Authority of the
Person, before whom the Affidavits recited in the said
Report from the Committee of Privileges are mentioned to be sworn, is not described; nor does it appear whether he had any Authority to take such
Affidavits:"
It is therefore Declared, by the Lords Spiritual and
Temporal in Parliament assembled, That it ought to
appear, in all Affidavits of a Breach of Privilege, what
Authority such Persons have, who shall for the future
take such Affidavits.
Motion relating to Breaches of Privilege commited above Fifty Miles from London.
Then it being moved, "That when any Breach of
the Privilege of this House shall be complained of
for the future, as being committed above Fifty Miles
from London, Proof thereof to be made by Affidavit,
in Writing, may be sufficient Ground for the taking
into Custody the Person thereby proved to have been
guilty of such Breach of Privilege, though no Oath
be made at the Bar of this House:"
It is Ordered, That the said Motion be taken into
Consideration on Monday next; and the Lords to be
summoned.
His Majesty attended with Resolution, relating to the Barony of Berners.
The Lord Chamberlain acquainted the House, "That
the Lords with White Staves (according to Order)
had attended His Majesty, and said before Him the
Resolution and Judgement of this House, made upon
the Claim of Catherine Wife of Richard Bokenham
Esquire, to the Barony of Berners."
King's Answer to Address relating to a Prosocution of the Author, &c. of a Weekly Journal.
His Grace also acquainted the House, "That the
Lords with White Staves (according to Order) had
presented to His Majesty their Lordships Address of
Yesterday, to desire His Majesty to direct a Prosecution of the Author, Printer, and Publisher, of
several printed News Papers, intituled, "The Weekly
Journal;" and that His Majesty was pleased to return the following Answer; (videlicet,)
"That He would direct an effectual Prosecution of
them."
Army Debts, &c. Commissioners to state, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
appointing Commissioners, to examine, state, and determine, the Debts due to the Army; and to examine and state the Demands of several Foreign
Princes and States, for Subsidies during the late
War."
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. Hiccocks and Mr. Lovibond:
To acquaint them, that the Lords have agreed to the
before-mentioned Bill, without any Amendment.
Public Acts to be printed.
Ordered, by the Lords Spiritual and Temporal in
Parliament assembled, That all such Acts of Parliament
as shall pass this Session, which are in their own Nature
Public Acts, or wherein are contained Clauses, declaring,
"That they shall be allowed in all Courts of Judicature
as Public Acts," be printed and published.
Insolvent Debtors, Relief, Bill.
The Order of the Day, for the House to be put in a
Committee, to proceed further on the Bill, intituled,
"An Act for Relief of Insolvent Debtors," being
read:
It is Ordered, That the House be put into a Committee, to proceed further on the said Bill, To-morrow;
and that all the Judges do then attend.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
quartum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Sabbati, 4o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Meneven.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Newcastle, Camerarius.
Dux Bucks & Nor.
Dux Roxburgh.
March. Annandale.
Comes Northampton.
Comes Berks.
Comes Clarendon.
Comes Yarmouth.
Comes Buchan.
Comes Rockingham.
Comes Coningesby.
Viscount Say & Seal.
Viscount Hatton. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Rosse.
Ds. Trevor.
Ds. Foley.
Ds. Onslow.
Ds. Romney. |
PRAYERS.
Messages from H C. with Bills.
A Message from the House of Commons, by Mr.
Farrer and others:
With a Bill, intituled, "An Act for preventing
Frauds and Abuses in the Public Revenues of Excise,
Customs, Stamp Duties, Post-office, and Housemoney;" to which they desire the Concurrence of
this House.
Also, a Message from the House of Commons, by Mr.
Farrer and others:
With a Bill, intituled, "An Act for better explaining the Nature of Conveyances to be made to the
Purchasers of the forfeited Estates, by the Commissioners and Trustees acting in Scotland; and for preventing Difficulties in determining Claims on the said
Estates; and to enable the Judges in Ireland to
examine Witnesses relating to Claims on forfeited
Estates there; and for enabling such Corporations
as shall purchase any of the said Estates to grant
Annuities, not exceeding the Yearly Value of the
said Estates; and for relieving the Widow and
Daughters of the late Sir Donald Mac Donald;" to
which they desire the Concurrence of this House.
Conveyances, &c. of forfeited Estates, Bill.
The said last mentioned Bill was read the First Time;
and ordered to be read a Second Time on Monday next
and the Lords to be summoned.
His Majesty to be attended with Address of both Houses:
The Lord Chamberlain acquainted the House, "That
the Lords with White Staves had (according to Order)
waited on His Majesty, humbly to know what Time
His Majesty would please to appoint to be attended
with an Address of both Houses of Parliament; and
that His Majesty had been pleased to appoint this
Day, at Two a Clock, at His Palace of St. James's."
Message to H. C. to acquaint them with it:
Then, a Message was sent to the House of Commons,
by Mr. Lightboun and Mr. Godfrey.
To acquaint them, "That this House having sent to
His Majesty, humbly to know what Time His Majesty
would please to appoint to be attended, with an Address of both Houses of Parliament; His Majesty had
been pleased to appoint this Day, at Two a Clock,
at His Palace of St. James's; and that the Lords
intend to be there at that Time."
E. Clarendon's Privilege:
A Complaint being made to the House, "That Theodore Wells Clerk, domestic Chaplain to the Right
Honoruable the Earl of Clarendon, was arrested, at
the Suit of John Stokes an Attorney, within the
Time of Privilege of Parliament, in Breach of his
Lordship's Privilege, and the Privilege of this
House:"
And thereupon the said Theodore Wells being called
in; and examined upon Oath, at the Bar, touching the
said Arrest:
Stokes attached, for arresting Wells, his Chaplain.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms
attending this House, his Deputy or Deputies, do forthwith attach the Body of the said John Stokes, and bring
him in safe Custody to the Bar of this House, to answer
his said Offence; and this shall be a sufficient Warrant
on that Behalf.
To Francis Jephson Esquire, Serjeant at
Arms attending this House, his Deputy or Deputies, and every of them.
Insolvent Debtors Relief, Bill.
The Order of the Day, for the House to be in a
Committee, to proceed further on the Bill, intituled,
"An Act for Relief of Insolvent Debtors," being read:
It is Ordered, That the House be put into a Committee, to proceed further on the said Bill, on Monday
next; and that the Judges do then attend.
Causes put off.
Whereas this Day was appointed, for hearing the
Cause wherein John Campbell of Calder Esquire is Appellant, and Ruth Campbell, alias Pollock, is Respondent:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday next; and
that the Cause wherein Redmond Barry Esquire is Appellant, and Anne Jephson Widow is Respondent, which
was appointed for that Day, be heard on the Wednesday
following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
sextum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Lunæ, 6o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Rutland.
Dux Roxburgh.
Dux Portland.
Dux Manchester.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Yarmouth.
Comes Godolphin.
Comes Buchan.
Comes Loudoun.
Comes Rockingham.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Cobham. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lumley.
Ds. Guilford.
Ds. Ashburnham.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Montjoy.
Ds. Foley.
Ds. Carleton.
Ds. Romney. |
PRAYERS.
King's Answer to Address of both Houses, in Behalf of distressed Protestants.
The Lord Chancellor reported, "That both Houses
did, on Saturday last, present to His Majesty their
humble Address; and that His Majesty was pleased
to return this most Gracious Answer; (videlicet,)
"My Lords, and Gentlemen,
"I hope that My Endeavours, in Conjunction with
the other Protestant Powers, to procure Ease and
Security to our distressed Brethren Abroad, will, by
the Blessing of God, prove successful.
"The unanimous and commendable Zeal which you
express upon this Occasion, cannot fail to add Weight
to My Instances; and you may depend upon it, that
nothing shall be wanting on My Part, to comply with
what you so justly desire."
Ordered, That the said Address of both Houses of
Parliament, and His Majesty's most Gracious Answer
thereunto, be forthwith printed and published.
Message from H. C. to return the Bill for building and repairing Gaols, suppressing Piracy, and establishing Articles of War for the Navy.
A Message from the House of Commons, by Mr.
Farrer and others:
To return the Bill, intituled, "An Act for building
and repairing County Gaols, and other Gaols, Prisons,
and Session-houses, in that Part of Great Britain called
England; and for ascertaining the Fees of the said
Gaols; and for the better Relief of Prisoners in the
said Gaols and Prisons; and for making perpetual an
Act of the Eleventh and Twelfth Years of the Reign
of King William the Third, for the more effectual
Suppression of Piracy; and for making more effectual the Act of the Thirteenth Year of the Reign of
King Charles the Second, intituled, "An Act for
establishing Articles and Orders for the regulating
and better Government of His Majesty's Ships of
War, and Forces by Sea;" and to acquaint this
House, that they have agreed to their Lordships Amendments made thereto.
Conly's Petition relating to Costs, referred to Committee.
A Petition of Ignatius Conly, Respondent to the Appeal of John Bath, was presented to the House, and
read; praying, "That in case the Appellant and his
Son, who reside in Ireland, shall neglect or refuse to
pay the One Hundred Pounds Costs awarded by this
House, the Eight and Twentieth of March last, after
hearing the said Appeal, upon Service of the Order
for that Purpose; then, on Proof made thereof in
the Court of Chancery in Ireland, the said One
Hundred Pounds may be added to the Costs before
taxed in this Cause; and that the Estate, comprized
in and subject to certain Securities, may stand charged
therewith, together with the other Money due for
Principal, Interest, and Costs; or to make such other
Order for the Petitioner's Relief, as shall be thought
fit."
The Lords following were appointed a Committee,
to consider of the said Petition, and inspect
Precedents; and report their Opinion thereupon
to the House; (videlicet,)
|
Ld. President.
D. Grafton.
D. Bolton.
D. Bucks.
D. Manchester.
M. Annandale.
E. Dorset & Middl'x.
E. Westmorland.
E. Berkshire.
E. Clarendon.
E. Burlington.
E. Litchfield.
E. Yarmouth.
E. Buchan.
E. Rockingham.
E. Coningesby.
Viscount Townshend.
Viscount Hatton.
Viscount Cobham. |
L. Bp. St. David's.
L. Bp. Glocester.
L. Bp. Bangor.
L. Bp. Peterborough.
L. Bp. Bristol. |
L. Delawar.
Ld. Teynham.
Ld. Bruce.
L. Lumley.
L. Guilford.
L. Ashburnham.
L. Haversham.
L. Rosse.
L. Montjoy.
L. Foley.
L. Carleton.
L. Romney. |
Their Lordships, or any Five of them; to meet
To-morrow, at Ten a Clock in the Forenoon,
in the Prince's Lodgings near the House of
Peers; and to adjourn as they please.
Conveyances, &c. of forfeited Estates, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
better explaining the Nature of Conveyances to be
made to the Purchasers of the forfeited Estates, by
the Commissioners and Trustees acting in Scotland;
and for preventing Difficulties in determining Claims
on the said Estates; and to enable the Judges in Ireland to examine Witnesses relating to Claims on
forfeited Estates there; and for enabling such Corporations as shall purchase any of the said Estates to
grant Annuities, not exceeding the Yearly Value of
the said Estates; and for relieving the Widow and
Daughters of the late Sir Donald Mac Donald."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
Frauds and Abuses in the Revenue, to prevent, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
preventing Frauds and Abuses in the Public Revenues
of Excise, Customs, Stamp Duties, Post-office, and
House-money."
Ordered, That the before-mentioned Bill be read
a Second Time To-morrow.
Insolvent Debtors Relief, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee, to proceed further
on the Bill, intituled, "An Act for Relief of Insolvent Debtors."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had made some further Progress in the Bill; and directed him to move, that
they may have Leave to fit again."
Ordered, That the House be put into a Committee,
to consider further of the said Bill, To-morrow; and
that the Judges do then attend.
Motion relating to Breaches of Privilege committed above Fifty Miles from London.
The Order of the Day, for taking into Consideration
the Motion made on Friday last, "That when any
Breach of the Privilege of this House shall be complained of for the future, as being committed above
Fifty Miles from London, Proof thereof to be made
by Affidavit, in Writing, may be sufficient Ground
for the taking into Custody the Person thereby proved
to have been guilty of such Breach of Privilege,
though no Oath be made at the Bar of this House,"
being read:
It is Ordered, That the said Motion be taken into
Consideration on Wednesday next; and the Lords to be
summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
septimum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Martis, 7o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Devon.
Dux Bucks & Nor.
Dux Roxburgh.
March. Annandale.
Comes Lincoln.
Comes Bridgewater.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Radnor.
Comes Nottingham.
Comes Buchan.
Comes Rockingham.
Comes Sussex.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Castleton.
Viscount St. John.
Viscount Cobham. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Hunsdon.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Guilford.
Ds. Lempster.
Ds. Haversham.
Ds. Gower.
Ds. Rosse.
Ds. Belhaven.
Ds. Hay.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Pawlet Bas. |
PRAYERS.
Frauds and Abuses in the Revenue, to prevent, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
preventing Frauds and Abuses in the public Revenues,
of Excise, Customs, Stamp Duties, Post-office, and
House-money."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow; and the
Lords to be summoned.
Conveyances, &c. of forfeited Estates, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better explaining the Nature of
Conveyances to be made to the Purchasers of the
forfeited Estates, by the Commissioners and Trustees
acting in Scotland; and for preventing Difficulties in
determining Claims on the said Estates; and to enable the Judges in Ireland to examine Witnesses relating to Claims on forfeited Estates there; and for enabling such Corporations as shall purchase any of the
said Estates to grant Annuities, not exceeding the
Yearly Value of the said Estates; and for relieving
the Widow and Daughters of the late Sir Donald Mac
Donald."
After some Time spent therein, the House was resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill;
and directed him to report the same to the House,
without any Amendment."
Campbell versus Campbell, alias Pollock:
After hearing Counsel, upon the Petition and Appeal
of John Campbell of Calder Esquire; complaining of several Interlocutory Sentences, or Decrees, of the Lords
of Session in Scotland, of the Seventh of December 1717,
and the Affirmance thereof the Eighth of January following; also of the Interlocutors of the Eighth of February 1717/18, the Seventeenth of July and Twelfth of
December 1718; and also of another Interlocutor of the
Nine and Twentieth of January last, whereby the said
Lords affirmed their said former Interlocutor of the Seventeenth of July 1718, made on the Behalf of Ruth
Pollock; and praying, "That the same may be reversed,
and the Appellant relieved:" As also upon the Answer
of Ruth Campbell, alias Pollock, put in to the said Appeal;
and due Consideration had of what was offered thereupon:
Interlocutors affirmed.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the several Interlocutory Sentences, or
Decrees, therein complained of, be, and are hereby,
affirmed.
Insolvent Debtors, Relief, Bill.
The Order of the Day, for the House to be in a
Committee, to proceed further on the Bill, intituled,
"An Act for Relief of Insolvent Debtors," and for the
Judges to attend, being read.
Ordered, That it be an Instruction to the said Committee, That they have Power to receive a Clause, for
the easier Discharge of Bankrupts in Execution, who
have complied with the Act concerning Bankrupts.
Then the House was adjourned during Pleasure, and
put into the said Committee.
And, after some Time spent therein, the House was
resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill,
and made several Amendments thereunto; which he
was directed to report, when their Lordships will
please to receive the same.
Ordered, That the Report of the said Amendments
be received To-morrow.
Assurance of Ships and Merchandizes, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
better securing certain Powers and Privileges, intended to be granted by His Majesty by Two Charters, for Assurance of Ships and Merchandizes at Sea,
and for lending Money upon Bottomry; and for restraining several extravagant and unwarrantable Practices therein mentioned."
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. Meller and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Barry versus Jephion.
Whereas To-morrow is appointed, for hearing the
Cause wherein Redmond Barry Esquire is Appellant, and
Anne Jephson Widow is Respondent:
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday next, at
Eleven a Clock.
Conly's Report to be received.
The Earl of Clarendon acquainted the House, "That
the Committee, to whom the Petition of Ignatius Conly,
Respondent to the Appeal of John Bath, in relation
to the Recovery of the One Hundred Pounds Costs,
awarded by this House the Eight and Twentieth of
March last, after hearing the said Appeal, was referred, had agreed upon a Report; which he was
ready to make, when their Lordships will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
octavum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Mercurii, 8o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Devon.
Dux Roxburgh.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Litchsield.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Bradford.
Comes Godolphin.
Comes Buchan.
Comes Hadinton.
Comes Loudoun.
Comes Deloraine.
Comes Ferrers.
Comes Rockingham.
Comes Tankerville.
Comes Halifax.
Comes Sussex.
Comes Stanhope.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Castleton.
Viscount St. John.
Viscount Cobham. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Howard Eff.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lumley.
Ds. Lempster.
Ds. Gower.
Ds. Rosse.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Carleton.
Ds. Romney.
Ds. Newburgh.
Ds. Pawlet Bas. |
PRAYERS.
Motion relating to Breaches of Privileges, committed above 50 Miles from London.
The House (according to Order) proceeded to take
into Consideration the Motion made on Friday last,
That, when any Breach of the Privilege of this House
shall be complained of for the future, as being committed above Fifty Miles from London, Proof thereof
to be made by Affidavit, in Writing, may be sufficient
Ground for the taking into Custody the Person thereby
proved to have been guilty of such Breach of Privilege,
though no Oath be made at the Bar of this House.
And the same was read.
Insolvent Debtors Relief, Bill.
The Earl of Clarendon (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act for Relief of Insolvent Debtors,"
was committed; the Amendments made by the Committee to the said Bill.
And the same were read by the Clerk.
And divers of the Amendments were agreed to, others
disagreed to; and several other Amendments were made
by the House to the Bill, and are as follow:
"Pr. 1st. Line 4th. Leave out from ["been"] to
["liable"], in the 8th Line.
"Pr. 2d. L. 12. Leave out ["Ninth"], and insert
["Fourth"]; and in the same Line, leave out ["September"], and insert ["June"].
"L. 34. After ["were"], insert ["to the best of
my Knowledge and Belief"].
"L. 35. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line, leave out ["September"], and
insert ["June"].
"L. 36. Before ["truly"], insert ["really and"].
"L. 37. Leave out ["and actually"].
"Pr. 2d L. 38. After the Blank, insert ["or the
Limits thereof"].
"L. 41. After ["continued"], insert ["to the best of
my Knowledge and Belief"]; and, in the same Line,
after ["Day"], insert ["unless out of Prison by due
Course of Law"].
"L. 43. Leave out ["actually"], and insert ["really
and truly"].
"L. 44. After the Blank, insert ["unless out of
Prison by due Course of Law"].
"L. 45. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line, leave out ["September"], and
insert [June"].
"Pr. 4. L. 1. The same Amendment.
"L. 18. The same Amendment.
"Lines 25 and 26. Leave out ["upon any Mesne
Process Execution"].
"L. 28. Leave out from ["Escape"] to ["who"],
in the 34th Line.
Pr. 5. L. 34. Leave out ["Ninth"], and insert
["Fourth"].
"L. 35. Leave out ["September"], and insert
["June"].
L. 37. After ["Prisoner"], insert ["within the Limits of the Prison of"].
"L. 38. Before ["Prison"], insert ["said"].
"Pr. 6. L. 2. After ["named"], insert ["unless at
such Time when I was out of Prison by due Course
of Law"].
"L. 5. Leave out ["or"], and insert ["and"].
"L. 7. Before ["Estate"], insert ["the"].
"L. 19. After ["that"], insert ["neither"].
"L. 20. Leave out ["not"].
"L. 21. Leave out ["other"].
"L. 22. After ["Remainder"], insert ["other than
what are in the said Schedule contained"].
"Pr. 7. L. 10. Leave out from ["the"] to ["in"],
in the 17th Line of the same Press; and insert ["Clerk
of the Peace of and for the County, Riding, City, or
Town Corporate; who is hereby directed and authorized, by Order of the Justices at their General Quarter Sessions of the Peace, to make an Assignment of
the said Estate and Effects, to such of the Creditors of
the said Prisoner, as the major Part of the Creditors
of the Prisoner, who shall apply for the same by any
Writing under their Hands, shall direct or appoint"].
"Pr. 8. Line 20. Before ["Prisoner"], insert ["said"].
L. 25. After ["or"], insert ["the same, or a true
Copy thereof, shall be"].
"Pr. 9. L. 2. After ["Weekly Bills"], insert ["and
also, that the like Notice shall be given to every other
Creditor, inhabiting or otherwise residing within Ten
Miles of the Prison where such Prisoner was in Custody"].
"L. 33. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line, leave out ["September"], and insert ["June"].
"Pr. 10. L. 5. Leave out ["their Warrant"], and
insert ["Order of the said Sessions"].
"L. 15. Leave out ["Warrant"], and insert [Order"].
"L. 23. Leave out ["Justice or Justices who"], and
insert ["Court of General or Quarter Sessions which"].
"L. 25. Leave out ["Warrant"], and insert ["Order"].
"L. 26 and 27. Leave out ["such Justice or Justices
shall, at the General or Quarter Sessions"], and insert ["shall"].
"L. 34. After ["Custody"], insert ["in the Prison of or the Limits thereof, to the best of
my Knowledge and Belief"]; and in the same Line
leave out ["Ninth"], and insert ["Fourth"].
"L. 35. Leave out ["September"], and insert
["June"].
"L. 36. After ["Time"], insert ["to the best of
my Knowledge and Belief"].
"L. 37. After ["continued"], insert ["unless out
of Prison by due Course of Law"].
"Pr. 11. L. 5. Leave out ["Ninth"], and insert
["Fourth"]; and in the same Line leave out ["September"], and insert ["June"].
"L. 8 and 9. Leave out ["Warrant"], and insert
["Order"].
"L. 9. and 10. Leave out ["Justice or Justices shall
at the said"].
"L. 11. Before ["administer"], insert ["shall"].
"L. 13. Leave out ["Warrant], and insert ["Order"].
"L. 22. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line, leave out ["September"], and insert ["June"].
Pr. 12. L. 41. The same Amendment.
"L. 42. Leave out ["Ninth"], and insert ["Fourth"].
"Last Line, Leave out ["September"], and insert
["June"].
"Pr. 13. L. 3. After ["Lists"], insert ["according
to the Tenor of the said Oath taken at the Time
of delivering in such Lists"].
"L. 22. After ["allowed"], insert ["or by Order
of the Justices of the Peace at their General Quarter
Sessions of the Peace, who are hereby empowered to
levy the same, by Distress and Sale of the Goods of
the Person so offending"].
"L. 37. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line leave out ["September"], and
insert ["June"].
"Pr. 15. L. 1. The same Amendment.
"L. 6. The same Amendment.
"L. 14. Leave out ["Ninth"], and insert ["Fourth"].
"L. 15. Leave out ["September"], and insert ["June"].
"L. 19. Leave out ["Ninth"], and insert ["Fourth"];
and in the same Line leave out ["September"], and insert ["June"].
"L. 25. The same Amendment.
"L. 38. Leave out ["December"], and insert
["March"].
"L. 40. After ["Twenty"], insert ["One"].
"Pr. 16. L. 8. After ["Lodge"], insert ["or some
convenient Room"].
"L. 37. Leave out ["or clandestine"].
"L. 40. Leave out ["clandestine"].
"L. 41. Leave out the First ["or"].
"Pr. 17. L. 10 and 11. Leave out ["or who is liable to such Statute"].
"P. 18. L. 4. Leave out ["Ninth"], and insert
Fourth"]; and in the same Line, leave out ["September"], and insert ["June"].
"At the End of the Bill, add Clause marked X:
"And whereas it was, for encouraging Bankrupts to
make a Discovery of, and to deliver up, their Estates
and Effects, for the Benefit of their Creditors, by an
Act passed the last Session of this present Parliament,
intituled, "An Act for the better preventing Frauds
committed by Bankrupts," enacted, amongst other
Things, That every Person, against whom a Commission of Bankrupt had, since the Twenty sixth Day of
May One Thousand Seven Hundred and Sixteen,
issued, or should issue during the Continuance of the
said Act, whereupon such Person had been or should be
declared a Bankrupt, who should discover and deliver
up all his Estate and Effects to the Commissioners by
the said Commission authorized, for the Benefit of his
Creditors, and in all Things conform as in and by
the said Act is directed, should be discharged from all
Debts, by him, her, or them, due or owing, at the
Time that he, she, or they, did become Bankrupt;
and that, in case any such Bankrupt should afterwards
be arrested, prosecuted, or impleaded, for any Debt
due before such Time as he, she, or they, did become Bankrupt, such Bankrupt should be discharged
upon common Bail; and should and might plead in
general, "That the Cause of such Action or Suit did
accrue before such Time as he, she, or they, did become Bankrupt;" and might give the said Act, and the
special Matter, in Evidence: And whereas it was by the
said Act Provided, and further Enacted, "That no such
Discovery as aforesaid should entitle such Bankrupt
or Bankrupts to the Benefits allowed by the said Act,
unless the said Commissioners should, in Writing under their Hands and Seals, certify to the Lord Chancellor, or Lord Keeper, or Commissioners for the
Great Seal of Great Britain, that such Bankrupt or
Bankrupts had made a full Discovery of his, her, or
their Estates and Effects, and in all Things conformed
himself, herself, or themselves, according to the Directions of the said Act; and unless Four Parts in Five
in Number and Value of such Bankrupt's Creditors,
who should have duly proved their Debts under such
Commission, should sign such Certificate, and testify
their Consent to the said Certificate, and to such Bankrupt's Discharge in Pursuance of the said Act; and unless such Bankrupt should make Oath, that such Certificate, and the Consent of the Creditors thereunto,
were obtained fairly, and without Fraud; and unless such Certificate should, after such Oath, be
allowed and confirmed by the Lord Chancellor,
Lord Keeper, or Commissioners for the Custody of
the Great Seal of Great Britain, or by such Two of
the Judges of the Court of King's Bench, Common
Pleas, or Court of Exchequer, at Westminster, to whom
the Consideration of such Certificate should be referred:" And whereas Bankrupts, notwithstanding they
have made such Discovery, and delivered up all their
Estates and Effects, and obtained such Certificate from
the said Commissioners, and such Certificate hath been
allowed and confirmed as aforesaid, have yet been
sometimes taken in Execution, and detained in Prison,
to the utter Ruin of their Families, on Account of
Debts owing by them before they became Bankrupts,
by reason that Judgement was obtained against them
before their Certificates were allowed and confirmed,
as aforesaid: And a Doubt having arisen, whether
such Bankrupts, in Execution upon such Judgements,
can, by Virtue of the said Act, be discharged out of
Custody, as by the said Act was intended, without
such Bankrupts bringing a Writ of Audita Querela;
the Charge of which they are in no Ways able to
bear, after delivering up all their Estates and Effects:
Be it therefore further Enacted, by the Authority
aforesaid, That it shall and may be lawful, for any
One or more of the Judges of the Court wherein
Judgement has been so obtained against such Bankrupt, on such Bankrupt's producing such Certificate
as aforesaid, allowed and confirmed as aforesaid, and
entered of Record according to the Directions of the
said Act, to order any Sheriff or Sheriffs, Bailiff or
Officer, Gaoler, or Keeper of any Prison, who hath
or shall have any Bankrupt in his Custody by virtue
of such Execution, to discharge such Bankrupt out of
Custody on such Execution, without Payment of any
Fee or Reward; and such Sheriff or Sheriffs, Bailiff
and Officer, Gaoler, and Keeper, are hereby required
to discharge such Bankrupt out of Custody accordingly; and are hereby indemnified from any Action
for an Escape for his or their so doing."
"To the Title of the Bill, add ["and for the more
easy Discharge of Bankrupts out of Execution, after
their Certificates allowed"].
Frauds and Abuses in the Revenue, to prevent, Bill.
The Order of the Day, for the House to be in a Committee upon the Bill, intituled, "An Act for preventing Frauds and Abuses in the public Revenues of
Excise, Customs, Stamp Duties, Post-office, and
House-money," being read:
It was moved, "That it be an Instruction to the said
Committee, That they have Power to receive a Clause,
for preventing Frauds committed in collecting the
Duties on Malt and Leather."
And the same being objected to:
The Question was put, "Whether the said Committee shall be empowered to receive such a
Clause?"
It was Resolved in the Negative.
Then the House was adjourned during Pleasure, and
put into a Committee upon the said Bill.
After some Time spent therein, the House was
resumed.
And the Earl of Clarendon reported from the said
Committee, "That they had gone through the Bill;
and directed him to report the same to the House,
without any Amendment.
Ordered, That the said Bill be read the Third Time
To-morrow.
Conveyances, &c. of forfeited Estates, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for better explaining the Nature of Conveyances to
be made to the Purchasers of the forfeited Estates
by the Commissioners and Trustees acting in Scotland; and for preventing Difficulties in determining
Claims on the said Estates; and to enable the Judges
in Ireland to examine Witnesses, relating to Claims
on forfeited Estates there; and for enabling such Corporations as shall purchase any of the said Estates to
grant Annuities, not exceeding the Yearly Value of
the said Estates; and for relieving the Widow and
Daughters of the late Sir Donald Mac Donald."
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. Meller and Mr. Dormer:
To acquaint them, that the Lords have agreed to
the said Bill, without any Amendment.
Conly's Report to be received.
The Order of the Day, for receiving the Report from
the Lords Committees to whom the Petition of Ignatius
Conly, Respondent to the Appeal of John Bath, in relation to the Recovery of the One Hundred Pounds
Costs, awarded by this House the Eight and Twentieth
of March last, after hearing the said Appeal, was referred, being read:
It is Ordered, That the said Report be received on
Friday next.
Simmons's Witnesses to attend.
A Complaint having been formerly made to the House,
by William Simmons, deputed by the Gentleman Usher
of the Black Rod to take Delinquents into Custody, of
Resistance given to the Execution of their Lordships
Orders; since which, certain Persons concerned in the
said Complaint have been guilty of insolent Behaviour
with respect to the said Orders: And the House being
moved, "To examine touching this Matter:"
It is Ordered, That such Witnesses of the said
William Simmons as can give Evidence in relation thereto do attend this House To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, nonum diem instantis Junii, hora undecima Auror. Dominis sic decernentibus.
DIE Jovis, 9o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Sunderland.
Comes Clarendon.
Comes Radnor.
Comes Yarmouth.
Comes Buchan.
Comes Hodinton.
Comes Rockingham.
Comes Ferrers.
Viscount Say & Seal.
Viscount Townshend.
Viscount Lonsdale.
Viscount Cobham. |
Ds. Delawar.
Ds. Teynham.
Ds. Cornwallis.
Ds. Ashburnham.
Ds. Rosse.
Ds. Masham.
Ds. Foley.
Ds. Bathurst. |
PRAYERS.
Insolvent Debtors Relief, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Relief of insolvent Debtors."
The Question was put, "Whether this Bill, with
the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by
Mr. Hiccocks and Mr. Meller:
To carry down the said Bill; and acquaint them, that
the Lords have agreed to the same, with several Amendments, whereunto their Lordships desire their Concurrence.
Frauds and Abuses in the Revenue, to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
preventing Frauds and Abuses in the Public Revenues
of Excise, Customs, Stamp-duties, Post-office, and
House-money."
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. Hiccocks and Mr. Meller:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Barry versus Jephson:
Whereas this Day was appointed, for hearing Counsel,
upon the Petition and Appeal of Redmond Barry Esquire,
brought into this House the Two and Twentieth of
January 1718, from a Decretal Order of the Court of
Chancery in Ireland, made the Seven and Twentieth of
May 1715, in a Cause there depending, wherein the
Reverend William Jephson, Dean of Lismore in the said
Kingdom, was Plaintiff, and the Appellant Defendant;
praying the Reversal of the said Decree, and other Orders
subsequent thereto; as also upon the Answer of Anne
Jephson Widow, Relict and Executrix of the said William
Jephson Clerk, late Dean of Lismore, put in thereunto:
Counsel appeared for the Respondent, but none for
the Appellant.
And the said Counsel briefly stating the Case, and
praying exemplary Costs may be given by this House:
They withdrew.
And the Order of this House of the Eighteenth of
May last, for reviving the said Appeal upon the Death
of the original Respondent, being read;
And due Consideration had of what was offered in
is Case:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Petition and Appeal be, and is hereby, dismissed this
House; and that the Decretal Order therein complained
of be, and is hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid,
to the Respondent, the Sum of One Hundred Pounds,
for her Costs in respect of the said Appeal.
Sheriffs to empower Simons to attach Andrews.
William Simmons and his Witness were (according to
Order) called in, and examined on Oath, as to the Insults
complained of, with respect to the said Simmons's executing an Order of this House, for taking Henry Andrews
and Richard Sparrow into Custody.
And withdrew.
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Sheriffs of London
and Middl'x, who were heretofore ordered to take the
said Henry Andrews into Custody, do empower the said
William Simmons to attach the Person of the said Henry
Andrews, and him safely to deliver to Sir William Sanderson Gentleman Usher of the Black Rod, his Deputy
or Deputies, according to the said former Order of this
House.
To the Sheriffs of London and Middl'x.
E. of Clarendon's Privilege:
The House was informed, "That John Stokes, who
caused Theodore Wells Clerk, domestic Chaplain to the
Right Honourable the Earl of Clarendon, to be arrested, in Breach of his Lordship's Privilege, and the
Privilege of this House, was taken into Custody of the
Serjeant at Arms, pursuant to their Lordships Order,
and was at the Door."
Stokes discharged.
And thereupon his Lordship acquainting the House,
That the said Stokes had waited upon him; and, in
Excuse for himself, alledged, he did not know the
Person arrested was his Lordship's Chaplain:"
It was agreed, that he should be called in; and, after
a Reprimand at the Bar, should be discharged, paying
his Fees.
Accordingly the said Stokes, being called in, and, at
the Bar, receiving a Reprimand from the Lord Chancellor on his Knees, was discharged out of Custody
(paying his Fees).
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
decimum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Veneris, 10o Junii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Meneven.
Epus. Glocestr.
Epus. Bangor.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Kent, C. P. S.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Grafton.
Dux Bolton.
Dux Bucks & Nor.
Dux Roxburgh.
Dux Wharton.
Dux Chandos.
March. Annandale.
Comes Lincoln.
Comes Dorset & Midd'x.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Sunderland.
Comes Clarendon.
Comes Litchfield.
Comes Yarmouth.
Comes Buchan.
Comes Loudoun.
Comes Rockingham.
Comes Tankerville.
Comes Sussex.
Comes Stanhope.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth. |
Ds. Delawar.
Ds. Fitzwalter.
Ds. Cornwallis.
Ds. Rosse.
Ds. Foley.
Ds. Carleton.
Ds. Onslow.
Ds. Romney.
Ds. Newburgh.
Ds. Ducie. |
PRAYERS.
Visc. Falmouth introduced.
This Day Hugh Boscowen Esquire, being, by Letters
Patents, dat. 9o Die Junii, Anno Sexto Georgii Regis,
created Baron Boscowen Rose, in the County of Cornwall,
and Viscount Falmouth, was, in his Robes, introduced,
between the Lord Viscount Townshend and the Lord
Viscount Lonsdale (also in their Robes); the Gentleman
Usher of the Black Rod, Garter King of Arms, the Earl
of Berkshire Deputy Earl Marshal of England, and the
Earl of Yarmouth (who officiated in this Ceremony in
the Absence of the Lord Great Chamberlain), preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it
to the Clerk; and the same was read, at the Table.
His Lordship's Writ of Summons was also read, as
follows:
His Writ of Summons.
"Georgius, Dei Gratia, Magnæ Britanniæ, Franc.
& Hib'mæ Rex, Fider Defensor, &c. Charissimo Confanguineo & Consiliario Nostro Hugon. Vicecomiti
Falmouth, Salutem. Cum Parliamentum Nostrum,
pro arduis & urgentibus Negotiis, Nos, Statum &
Defensionem Regni Nostri Magn. Britanniæ & Ecclesiæ concernentibus, apud Civitatem Nostram Westm.
nunc congregat. existit; vobis, sub Fide & Ligeantia
quibus Nobis tenemini, firmiter injungendo mandamus,
quod, consideratis dictorum Negotiorum Arduitate &
Periculis imminentibus, cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter
intersitis, Nobiscum, ac cum Prælatis, Magnatibus,
& Proceribus dicti Regni Nostri, super dictis Negotus
tractatur. vestrumque Consilium impensur.; & hoc
sicut Nos & Honorem Nostrum, ac Salvationem &
Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Teste Meipso, apud Westm. Nono Die Junii,
Anno Regni Nostri Sexto.
"Wrighte."
Then his Lordship came to the Table; and took
the Oaths, and made and subscribed the Declaration,
and also took and subscribed the Oath of Abjuration,
pursuant to the Statutes; and was afterwards placed
on the lower End of the Earls Bench.
Message from H. C. to return the Insolvent Debtors Relief Bill:
A Message from the House of Commons, by the
Lord William Pawlet and others:
To return the Bill, intituled, "An Act for Relief
of Insolvent Debtors;" and to acquaint this House,
that they have agreed to their Lordships Amendments
made to the said Bill, with an Amendment to One
of them; to which they desire their Lordships Concurrence.
Then the House proceeded to take the said Amendment into Consideration.
And the same, being read by the Clerk, was agreed
to, as follows:
"Pr. 7. L. 10. After ["appoint"], add. ["for
which Assignment the said Clerk of the Peace shall
take a Fee of Two Shillings, and no more"]."
And a Message was sent to the House of Commons,
by Mr. Hiccocks and Mr. Meller, to acquaint them therewith.
Message from therce, to return the Bill for further preventing Robbery, &c.
A Message from the House of Commons by Mr.
Farrer and others:
To return the Bill, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of
Felons;" and to acquaint this House, that they have
agreed to their Lordships Amendments made to the
said Bill.
Conly's Report, touching Costs.
The Earl of Clarendon (according to Order) reported
from the Lords Committees appointed to consider of
the Petition of Ignatius Conly, Respondent to the Appeal
of John Bath; praying, "That, in case the Appellant
and his Son, who reside in Ireland, shall neglect or
refuse to pay the One Hundred Pounds Costs, awarded by this House the Eight and Twentieth of March
last, after hearing the said Appeal, upon Service of
the Order for that Purpose; then, on Proof made
thereof in the Court of Chancery in Ireland, the said
One Hundred Pounds Costs may be added to the
Costs before taxed in this Cause; and that the Estate,
comprized in, and subject to, certain Securities, may
stand charged therewith, together with the other Money due for Principal, Interest, and Costs: That the
Committee have considered the Matter to them referred; and have inspected several Precedents, of the
Dates following; (videlicet,) the Fourth of February
1677, in the Cause between Jenkins and Blake; the
Twentieth of February 1706, in the Cause between
Deye and Stevenson; and the Seventeenth and Two
and Twentieth of March 1710, in the Cause between
the Lord Kinnard and his Lady and Riddoch; and,
having considered the same, are of Opinion, that the
said One Hundred Pounds Costs, so awarded by this
House upon hearing the said Bath's Appeal, be, by
the said Court of Chancery, ordered to be levied by
the same Rules and Methods as the Costs given by
the said Court in the said Cause are to be levied, in
Case the said Appellant, or his Son, shall refuse or
neglect to pay the same, being first duly served with
the Order of this House for that Purpose."
Which Report, being read by the Clerk, was agreed to
by the House, with the following Addition; (videlicet,)
And that Service of the said Order on the Appellant's Clerk in Court, and leaving a Copy thereof at
the Place of the said Appellant's last Abode, be
deemed good Service, in order thereunto."
Ld. Ducie introduced:
This Day Mathew Ducie Morton, in the County of
Stafford, Esquire, being, by Letters Patents, dat. 9o Die
Junii, Anno 6o Georgii Regis, created Baron Ducie of
Morton, was, in his Robes, introduced, between the
Lord Romney and the Lord Newburgh (also in their
Robes); the Gentleman Usher of the Black Rod,
Garter King of Arms, the Earl of Berkshire Deputy
Earl Marshal of England, and the Earl of Yarmouth
(who officiated in this Ceremony in the Absence of the
Lord Great Chamberlain), preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it
to the Clerk; and the same was read, at the Table.
His Lordship's Writ of Summons was also read, as
follows:
His Writ of Summons.
"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ,
& Hib'niæ Rex, Fidei Defensor, &c. Prædilecto &
Fideli Nostro Mattheo Ducie, de Morton, in Com.
Nostro Stafford, Ch'r, Salutem. Cum Parliamentum Nostrum, pro arduis & urgentibus Negotiis,
Nos, Statum & Defensionem Regni Nostri Magn.
Britanniæ & Ecclesiæ concernentibus, apud Civitatem
Nostram Westm. nunc congregat. existit; vobis, sub
Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum
Negotiorum Arduitate & Periculis imminentibus,
cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum, ac
cum Prælatis, Magnatibus, & Proceribus dicti Regni
Nostri, super dictis Negotiis tractatur. vestrumque
Consilium impensur; & hoc sicut Nos & Honorem
Nostrum, ac Salvationem & Defensionem Regni &
Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
"Teste Meipso, apud Westm. Nono Die Junii,
Anno Regni Nostri Sexto.
"Wrighte".
Then his Lordship came to the Table; and took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the
lower End of the Barons Bench.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
undecimum diem instantis Junii, hora undecima Auror.
Dominis sic decernentibus.
DIE Sabbati, 11o Junii.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Georgius Princeps Walliæ.
|
Epus. Meneven.
Epus. Glocestr.
Epus. Petriburg.
Epus. Bristol. |
Ds. Parker, Cancellarius.
Dux Kingston, Præses.
Dux Somerset.
Dux Grafton.
Dux Devon.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Dux Wharton.
Dux Manchester.
Dux Chandos.
March. Annandale.
Comes Pembroke & Montgomery.
Comes Bridgewater.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Berks.
Comes Sunderland.
Comes Clarendon.
Comes Cardigan.
Comes Burlington.
Comes Litchfield.
Comes Radnor.
Comes Yarmouth.
Comes Rochester.
Comes Coventry.
Comes Buchan.
Comes Loudoun.
Comes Orkney.
Comes Ilay.
Comes Ferrers.
Comes Rockingham.
Comes Tankerville.
Comes Sussex.
Comes Stanhope.
Comes Harborough.
Comes Coningesby.
Viscount Say & Seal.
Viscount Townshend.
Viscount Hatton.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington. |
Ds. Delawar.
Ds. Howard Eff.
Ds. Teynham.
Ds. Lumley.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Carleton.
Ds. Onslow.
Ds. Ducie. |
PRAYERS.
Visc. Lymmington introduced:
This Day John Wallop Esquire, being, by Letters
Patents, dat. 11o Die Junii, Anno 6o Georgii Regis,
created Baron Wallop of Wallop, in the County of
Southampton, and Viscount Lymmington of Lymmington,
was, in his Robes, introduced, between the Lord Viscount Townshend and the Lord Viscount St. John (also
in their Robes); the Gentleman Usher of the Black
Rod, Garter King of Arms, the Earl of Berkshire
Deputy Earl Marshal of England, and the Earl of
Yarmouth (who officiated in this Ceremony in the Absence of the Lord Great Chamberlain), preceding.
His Lordship presented his Patent to the Lord Chancellor, on his Knee, at the Woolsack; who delivered it
to the Clerk; and the same was read, at the Table.
His Lordship's Writ of Summons was also read, as
follows:
His Writ of Summons.
Georgius, Dei Gratia, Magn. Britanniæ, Franc.
& Hib'niæ Rex, Fidei Defensor, &c. Charissimo
Consanguineo Nostro Johanni Vicecomiti Lymmington, de Lymmington, Salutem. Cum Parliamentum
Nostrum, pro arduis & urgentibus Negotiis, Nos,
Statum & Defensionem Regni Nostri Magnæ Britanniæ & Ecclesiæ concernentibus, apud Civitatem
Nostram Westm. nunc congregat. existit; vobis, sub
Fide & Ligeantia quibus Nobis tenemini, sirmiter injungendo mandamus, quod, consideratis dictorum
Negotiorum Arduitate & Periculis imminentibus,
cessante Excusatione quacunque, ad dictum Parliamentum Nostrum personaliter intersitis, Nobiscum,
ac cum Prælatis, Magnatibus, & Proceribus dicti
Regni Nostri, super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem
Regni & Ecclesiæ præd. Expeditionemque dictorum
Negotiorum diligitis, nullatenus omittatis.
"Teste Meipso, apud Westm. Undecimo Die
Junii, Anno Regni Nostri Sexto.
Wrighte."
Then his Lordship came to the Table; and took the
Oaths, and made and subscribed the Declaration, and
also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on
the lower End of the Earls Bench.
Report on the Petitions of Boswell and Donnelly, relating to Dagenham Breath.
The Earl of Clarendon reported from the Lords
Committees appointed to consider the Matters of the
Petition of William Boswell, complaining of his being
aggrieved by the Trustees appointed by Act of Parliament for stopping the Breach in the Levels of Havering and Dagenham, in the County of Essex, in relation to a Contract made by the Petitioner with the said
Trustees; and to whom was since referred a Petition
of Dominick Donnelly, upon the same Subject: "That
the Committee have considered the said Petitions;
and heard Counsel, as well on the Behalf of the
said Trustees, as for the Petitioner Boswell (the Petitioner Donnelly being heard by himself); and examined several Witnesses, on Oath, for the Petitioners; and perused the Contracts and Accompts
laid before the House, pursuant to the Act of Parliament for stopping the said Breach; and also perused divers Entries in the Book of Minutes of the
Proceedings of the said Trustees; and are of Opinion, That the Trustees have not taken the most
proper Methods for stopping the said Breach: But
that some of the acting Trustees have industriously
endeavoured to procure an undue Preference to the
Proposers for stopping the same; which, the Committee have Reason to fear, will very much retard, if
not wholly obstruct, the stopping of the said Breach,
unless some more effectual Care be taken."
Which Report, being read by the Clerk, was agreed
to by the House.
The House was adjourned during Pleasure.
The House was resumed.
King present:
His Majesty, being seated on His Royal Throne,
adorned with His Crown and Regal Ornaments, and
attended with His Officers of State (the Prince of Wales,
in his Robes, sitting in his Place on His Majesty's
Right Hand, the Lords being also in their Robes);
the Gentleman Usher of the Black Rod received His
Majesty's Commands to let the Commons know, "It is
His Majesty's Pleasure, they attend Him immediately,
in the House of Peers."
Who being come, their Speaker made the Speech
following:
Speaker of H. C. Speech.
"Most Gracious Sovereign,
Your Majesty's most dutiful and loyal Subjects,
the Commons of Great Britain in Parliament assembled, had no sooner dispatched so much of the Supplies as were necessary to carry on the current Service,
but they immediately applied themselves to find out
Means for lessening the Public Debt: In which, if
your Commons have the Satisfaction to see the Success of their Endeavours exceed what even the most
Sanguine could hope; if Your Majesty's good Subjects have now a certain Prospect of being eased of
the heavy Load of near Eight Millions, in little more
than the Compass of One Year; if the Difficulties
in discharging that Part of the National Debt, which
by some were thought to be insuperable without
Breach of the Public Faith, are now in a Manner overcome; and if, at the same Time, every Branch of the
Public Credit is advanced to an unexpected, and
some of them even to an amazing, Height: Yet
Your Commons must confess, that they have been
only the happy Instruments in conveying these Benefits
to Your People; and that all the Merit they can
claim is, in not having neglected an Opportunity
which the flourishing State of the Public Credit put
into their Hands; and must, in Justice, acknowledge,
that all these surprizing Events are owing to the profound Veneration and Esteem which this Nation and
all Europe has for Your Majesty: For Credit is so
nice and delicate in its Nature, that though in all
other Affairs no Detriment is perceived, no Mischief
is felt, till a Calamity comes; yet, in whatever relates
to Credit, the very Fear and Apprehension of Calamity is as mischievous as the Calamity itself, and
Diffidence is the same Thing as Destruction. Credit
therefore is only maintained in its present flourishing
Condition, by the Experience Your People have had
of the Vigilance of Your Majesty's Councils, and
their Reliance on the Steadmess of Your Conduct:
And since the just Confidence your Subjects place in
Your Majesty's known Prudence and Wisdom has
enabled your Commons to make so great a Progress
towards discharging the Public Incumbrances, it
would have been highly unjust, when Your Majesty
condescended to desire the Advice and Assistance of
your Commons, had they declined to support the
Honour and Dignity of the Crown, at a Time when
the Nation receives so much Benefit from its Lustre;
and it would have been equally ungrateful, had they
not chearfully provided the necessary Aids, to make
the Supplies voted at the Beginning of this Session
effectual: Your Commons therefore, in order to
complete the Supply granted to Your Majesty for
the Service of this present Year, do now humbly present to Your Majesty, for Your Royal Assent, a Bill,
intituled, "An Act for laying a Duty upon Wrought
Plate; and for applying Money arising from the
clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for
taking off the Drawbacks upon Hops exported for
Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Centum per
Annum at the Exchequer, redeemable by Parliament;
and for appropriating Supplies granted in this Session
of Parliament; and to prevent counterseiting Receipts and Warrants of the Officers of the South
Sea Company; and for explaining a late Act, concerning Foreign Salt cellared and locked up before
the Four and Twentieth Day of June One Thousand
Seven Hundred and Nineteen; and to give a further
Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire,
in relation to a Parcel of Senna imported in the
Year One Thousand Seven Hundred and Sixteen."
Bills passed.
Which being ended; the Speaker delivered the said
Bill to the Clerk Assistant, in the Absence of the Clerk
of the Parliaments; who brought it to the Table; where
the Clerk of the Crown read the Title of that and the
Titles of the other Bills to be passed, severally, as follow; (videlicet,)
"1. An Act for laying a Duty upon Wrought
Plate; and for applying Money arising from the
clear Produce by Sale of the forfeited Estates towards answering His Majesty's Supply; and for
taking off the Drawbacks upon Hops exported for
Ireland; and for Payment of Annuities, to be purchased after the Rate of Four Pounds per Centum
per Annum at the Exchequer, redeemable by Parliament, and for appropriating Supplies granted in this
Session of Parliament; and to prevent counterseiting
Receipts and Warrants of the Officers of the South
Sea Company; and for explaining a late Act, concerning Foreign Salt cellared or locked up before
the Four and Twentieth Day of June One Thousand
Seven Hundied and Nineteen; and to give a further
Time for paying Duties on certain Apprentices Indentures; and for Relief of Thomas Vernon Esquire,
in relation to a Parcel of Senna imported in the Year
One Thousand Seven Hundred and Sixteen."
To this Bill the Royal Assent was pronounced in
these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur
Benevolence, et ainsi le veu't."
"2. An Act for better securing certain Powers and
Privileges, intended to be granted by His Majesty
by Two Charters, for Assurance of Ships and Merchandizes at Sea, and for lending Money upon Bottomry; and for restraining several extravagant and
unwarrantable Practices therein mentioned."
"3. An Act for preventing of Frauds and Abuses
in the Allowances on damaged Wines; and for
lengthening the Time for the Drawbacks on the
Exportation of Wines."
"4. An Act for ascertaining the Breadths, and preventing Frauds and Abuses in manufacturing, Serges,
Plaidings, and Fingrums, and for regulating the
Manufactures of Stockings, in that Part of Great
Britain called Scotland."
"5. An Act for prohibiting the Importation of Raw
Silk and Mohair Yarn, of the Product or Manufacture of Asia, from any Ports or Places in The
Streights, or Levant Seas, except such Ports and
Places as are within the Dominions of the Grand
Seignior."
"6. An Act for appointing Commissioners, to examine, state, and determire, the Debt, due to the Army;
and to examine and state the Demands of several
Foreign Princes and States, for Subsidies during the
late War."
"7. An Act to explain and amend an Act passed
in the First Year of His Majesty's Reign, intituled, "An Act to encourage the planting of Timber
Trees, Fruit Trees, and other Trees, for Ornament,
Shelter, or Profit; and for the better Preservation of
the same;" and for the preventing the burning of
Woods; and for the better Preservation of the Fences
of such Woods."
"8. An Act to repeal so much of the Act, intituled, "An Act for preventing Frauds, and regulating Abuses, in His Majesty's Customs, passed in
the Thirteenth and Fourteenth Years of King Charles
the Second, as relates to the prohibiting the Importation of Deal Boards and Fir Timber from
Germany."
"9. An Act for enlarging the Term granted by an
Act in the Fourth Year of His Majesty's Reign,
intituled, "An Act for repairing the Highways
leading from The Stones End in Kent-street, to The
Lime Kilns in East Greenwich, near Black Heath, and
to Lewisham Church, being the Tunbridge Road, in the
County of Kent; and for repairing and amending
the Highways and Roads leading from Westminster
Ferry, in the Parish of Lambeth, in the County of
Surrey, to New Cross, in the Parish of Deptford, in
the County of Kent;" and for enlarging the Term
granted by an Act passed in the Fourth Year of His
Majesty's Reign, intituled, "An Act for amending
the Roads from the City of London to the Town of
East Grinstead, in the County of Sussex, and to Sutton
and Kingston, in the County of Surrey;" and for explaining and amending the same Act."
"10. An Act for making perpetual so much of an
Act made in the Tenth Year of the Reign of Queen
Anne, for the reviving and continuing several Acts
therein mentioned, as relates to the building and
repairing County Gaols; and also an Act of the
Eleventh and Twelfth Years of the Reign of King
William the Third, for the more effectual Suppression
of Piracy; and for making more effectual the Act
of the Thirteenth Year of the Reign of King Charles
the Second, intituled, "An Act for establishing
Articles and Orders for the regulating and better Government of His Majesty's Ships of War, and Forces
by Sea,"
"11. An Act for the further preventing Robbery,
Burglary, and other Felonies; and for the more
effectual Transportation of Felons."
"12. An Act for preventing Frauds and Abuses in
the Public Revenues of Excise, Customs, Stamp
Duties, Post-office, and House-money."
"13. An Act for better explaining the Nature of
Conveyances to be made to the Purchasers of the
forfeited Estates, by the Commissioners and Trustees
acting in Scotland; and for preventing Difficulties
in determining Claims on the said Estates; and to
enable the Judges in Ireland to examine Witnesses relating to Claims on forfeited Estates there; and for
enabling such Corporations as shall purchase any of
the said Estates to grant Annuities, not exceeding the
Yearly Value of the said Estates; and for relieving
the Widow and Daughters of the late Sir Donald Mac
Donald."
"14. An Act for Relief of Insolvent Debtors; and
for the more easy Discharge of Bankrupts out of
Execution, after their Certificates allowed."
To these Bills the Royal Assent was, severally, pronounced, in the Words following; (videlicet,)
"Le Roy le veu't."
"15. An Act for annexing the late Duke of Shrewsbury's Estate to the Earldom of Shrewsbury, and confirming Gilbert Earl of Shrewsbury's Settlement in
order thereto; and for other Purposes therein mentioned."
"16. An Act for exchanging of several small Parcels
of Land, in the Parish and Manor of Fulham, belonging to the Bishopric of London, for other Lands,
of greater Value, to Charles Earl of Peterborow and
Monmouth, and his Heirs."
"17. An Act to enable any Corporations within the
University of Cambridge, or any other Persons, to sell
and convey any Messuages and Ground to the said
University, for enlarging their Public Library."
"18. An Act for rebuilding the Parish Church of
Saint Martin in the Fields, in the City of Westminster,
at the Charge of the Inhabitants of the said Parish."
"19. An Act for Sale of Part of the Estate of Sir
Coplestone Warwick Bampfylde Baronet; and for settling another Estate, of greater Value, to the same
Uses."
"20. An Act to enable Sir James Lumley Baronet
to settle a competent Jointure; and for other Purposes therein mentioned."
"21. An Act for naturalizing Philip Germain and
George Hollmans."
"22. An Act for naturalizing George Angell."
To these Bills the Royal Assent was, severally, pronounced, in the Words following; (videlicet,)
"Soit fait comme il est desiré."
Then the Lord Chancellor, on his Knee, received
Directions from His Majesty; who, at the same Time,
delivered a Paper into his Lordship's Hand; and being
returned to his former Place:
His Majesty spake as follows:
"My Lords, and Gentlemen,
"I have given Direction to my Lord Chancellor, to
deliver to you, in My Name and Words, what I think
proper to say to you upon this Occasion."
Then the Lord Chancellor said;
"My Lords, and Gentlemen,
"I have received His Majesty's Commands from the
Throne, to deliver to you, in His Majesty's Name
and Words, what His Majesty thinks proper to be
said to you upon this Occasion, as follows:
King's Speech.
"My Lords, and Gentlemen,
"I am now come to put an End to this Session;
which, though it hath advanced so far into the Summer, cannot be thought a tedious one, when we consider how much Business hath been done, and the
great Advantages that may be expected from it.
"Your seasonable Vigour and Perseverance, to support Me in the Measures I have taken, with My
Allies, for restoring the Tranquillity of Europe, have
produced most of the Effects I could desire. Much
the greatest Part of Christendom is already freed
from the Calamities of War; and, by what hath happened both Abroad and at Home, My People must
be convinced, that their Welfare is inseparable from
the Strength and Security of My Government.
"Gentlemen of the House of Commons,
"I return you My Thanks, for the Supplies you
have raised for the Service of the current Year:
And it is a particular Satisfaction to Me, that a Method has been found out, for making good the Deficiencies of My Civil List, without laying any new
Burthen upon My Subjects. The good Foundation
you have prepared this Session for the Payment of
the National Debts, and the Discharge of a great
Part of them, without the least Violation of the Public Faith, will, I hope, strengthen more and more
the Union I desire to see amongst all My Subjects;
and make our Friendship yet more valuable to all
Foreign Powers.
"My Lords, and Gentlemen,
"You all see the good Effects which our Steadiness
hath produced: There remains but little on our
Part, to satisfy the World, that more Credit, Security,
and Greatness, is to be acquired by following the
Views of Peace, and adhering strictly to just Engagements, than by depending on the Advantages of
War, or by pursuing the Measures of Ambition.
To compleat what remains unfinished, I propose very
speedily to visit My Dominions in Germany; hoping
to put an End to those Troubles in the North, which
are now reduced to a very narrow Compass: I flatter
Myself, that My Presence this Summer in those Parts
will prove useful to our poor Protestant Brethren, for
whom you have expressed such seasonable and charitable Sentiments.
"I doubt not but to meet you again next Winter,
disposed to put a finishing Hand to all those good
Works which, by your Assistance, I have brought so
near to Perfection. I could wish that all My Subjects, convinced by Time and Experience, would lay
aside those Partialities and Animosities, which prevent them from living quietly, and enjoying the
Happiness of a mild, legal Government. It is what
I choose to recommend at this Time, when I am
sensible that all Opposition to it is become vain and
useless, and can only end unfortunately for those
who shall still persist in struggling against it.
"I am persuaded that, during My Absence, every
one of you will take particular Care to preserve the
Peace in your several Countries; and that I shall
find you, at My Return, in such a State of Tranquillity, as will shew Mankind how firmly My Government is established; which I chiefly desire, because I think the Security and Preservation of My
People, and of this happy Constitution, depend
entirely upon it."
Then the Lord Chancellor, receiving further Directions from His Majesty, and being again returned to
his former Place, said,
"My Lords, and Gentlemen,
Parliament prorogued.
"It is His Majesty's Royal Will and Pleasure, That
this Parliament be prorogued to Thursday the Twentyeighth Day of July next, to be then here held:
And this Parliament is accordingly prorogued to
Thursday the Twenty-eighth Day of July next.
Die Martis, 21o Die Julii, 1720, examined by us,
Clarendon.
Say & Seale.
A. Menev.
Hu. Bristol.