House of Lords Journal Volume 24
May 1732, 11-20

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History of Parliament Trust

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Year published

1767-1830

Pages

120-135

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'House of Lords Journal Volume 24: May 1732, 11-20', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 120-135. URL: http://www.british-history.ac.uk/report.aspx?compid=113990 Date accessed: 18 April 2014. Add to my bookshelf


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May 1732, 11-20

DIE Jovis, 11o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunclm.
Epus. Winton.
Epus. Bangor.
Epus. Landav.
Epus. Gloucestr.
Epus. Menevens.
Ds. King, Cancellarius.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Scarbrough.
Comes Coventry.
Comes Morton.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducic.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.

PRAYERS.

To encourage the Growth of Coffee, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for encouraging the Growth of Coffee in His Majesty's Plantations in America."

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. Allen and Mr. Spicer:

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

Greenland Fishery, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for encouraging the Greenland Fishery."

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

Against pulling down Turnpikes, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works erected by Authority of Parliament, for making Rivers navigable," was committed, the Amendments made by the Committee to the said Bill.

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

Pet. against Part of the Yorkshire Cloth Bill.

A Petition of the Gentlemen, Merchants, and Clothiers, Makers of Kerseys, Plains, and other Narrow Cloths, in the West Riding of the County of York, was presented, and read; praying, "That they may be restored to their ancient Liberty of making Broad Cloth, or any other Sort of Cloth, as they shall find most for their Benefit:"

It is Ordered, That the said Petition do lie on the Table, till the Bill for amending the Act for the better regulating the Manufacture of Cloth in the West Riding of the County of York be read a 2d Time.

Bankrupts Bill.

The Lord Viscount Falmouth (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts," was committed, the Amendments made by the Committee to the said Bill.

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

Trial of Coiners in Scotland, to regulate, Bill.

The Earl of Westmorland (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for regulating the Trial of Persons guilty of counterfeiting the Coin, in that Part of Great Britain called Scotland; and for explaining an Act, made there in the Year 1672, intituled, "An Act concerning the Regulation of the Judicatories; and to empower the Lords of the Justiciary to appoint the respective Times on which Circuit Courts are to be held," was committed, the Amendments made by the Committee to the said Bill.

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

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

Milnes' Pet. against Part of the Yorkshire Cloth Bill.

A Petition of Robert Milnes Esquire, on Behalf of several Clothiers in the West Riding of the County of York, and on the Behalf of himself and others, Clothworkers in the said Riding, was presented, and read; praying, "That he may be heard, by his Counsel, against several Clauses in the Bill for amending the Act for better regulating the Manufacture of Cloth in the West Riding of the County of York."

It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.

Late Earl of Derwentwater's Estate, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making void the several Contracts for Sale of the Estate of James late Earl of Derwentwater to William Smith Esquire; and also of the Annuity of Two Hundred Pounds during the Life of Charles Radcliffe, and the Arrears thereof, to Mathew White Esquire, and the several Conveyances made in Pursuance of the same."

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

It was Resolved in the Affirmative.

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

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

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

Sankey against Foster and Graham:

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Margaret Sankey, Widow and Administratrix of Henry Sankey Esquire, deceased; complaining of a Decree of the Court of Chancery in Ireland, of the 16th of February 1724; as also upon the Answer of Francis Foster Gentleman and Anne his Wife (formerly Anne Graham), Margaret Humphreys Widow (formerly Margaret Graham), and Sarah Graham, put in to the said Appeal.

And the Counsel for the Appellant being directed to proceed:

The Respondents Counsel objected, "That there were not proper Parties to the said Appeal."

Whereupon the Counsel on both Sides were heard thereunto.

And then they were directed to withdraw.

And being withdrawn:

Appeal to be amended, upon paying £. 20. Costs.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Appellant be at Liberty (upon Payment of Twenty Pounds to the Respondents) to amend her Appeal, by making proper Parties, as the shall be advised.

Adjourn.

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

DIE Veneris, 12o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landav.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Bolton.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Burlington.
Comes Litchfield.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Marchmont.
Comes Ilay.
Comes Strafford.
Comes Aylésford.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Carteret.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Masham.
Ds. Bathurst.
Ds. Onslow.
Ds. Hobart.
Ds. Monson.
Ds. Malton.

PRAYERS.

Trial of Corners in Scotland, to regulare, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for regulating the Trial of Persons guilty of counterfeiting the Coin, in that Part of Great Britain called Scotland; and for explaining an Act, made there in the Year 1672, intituled, "An Act concerning the Regulation of the Judicatories; and to empower the Lords of the Justiciary to appoint the respective Times on which Circuit Courts are to be held."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Against pulling down Turnpikes, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the First Year of His present Majesty's Reign, intituled, "An Act for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works erected by Authority of Parliament, for making Rivers navigable."

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 the former Messengers:

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

Yorkshire Cloth, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for the better regulating the Manufacture of Cloth in the West Riding of the County of York."

Milnes's Pet. referred to the Committee;

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

And that the Petition of Robert Milnes Esquire, on the Behalf of several Clothiers in the West Riding of the County of York, presented Yesterday, be referred to the said Committee; and that the Petitioners be at Liberty to be heard, before their Lordships, as desired; as may Counsel be heard for the Bill at the same Time.

and the other Petition ordered to be withdrawn.

Then Notice was taken to the House, "That the Style of the Petition (presented also Yesterday) of the Gentlemen, Merchants, and Clothiers, of the said West Riding, in relation to the same Bill, was not in the usual Stile, being directed "To the Lords Temporal" only."

Ordered, That the said Petition be withdrawn.

Norton against Heron and Kyssin:

After hearing Counsel, upon the Petition and Appeal of Ralph Norton, Administrator de Bonis non of Nicholas Amburst; complaining of a Decretal Order of the Court of Chancery, of the 3d of May 1721; and also of an Order of the 15th of December last; and other Orders of the same Court, made in a Cause wherein Elizabeth Heron Widow, only Daughter of Elizabeth Kyssin, who was the only Daughter and Heir of Edmund Colvill, by Catherine his Wife, was Plaintiff, and the Appellant and others were Defendants; and praying, "That the said Orders, so far as the same are complained of, may be reversed:" As also upon the Answer of William Kyssin and Elizabeth Heron put in to the said Appeal; and due Consideration had of what was offered by Counsel on either Side in this Cause:

Order, &c. 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 said Decretal Order and Proceedings therein complained of be, and the same are hereby, affirmed.

Act relating to the E. India Trade to revive, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill for reviving the Act relating to the East India Trade:

It is Ordered, That the House be put into a Committee thereupon, on Tuesday next.

Greenland Fishery, Bill.

The other Order being also read, for the House to be in a Committee on the Bill for encouraging the Greenland Fishery:

It is Ordered, That the House be put into a Committee thereupon, on Tuesday next.

Devereux against Phelan.

Whereas Monday next is appointed, for hearing the Cause wherein Robert Devereux Esquire is Appellant, and Mathias Phelan is Respondent:

It is Ordered, That the hearing the said Cause be put off to Wednesday next; and the other Causes removed in Course.

Adjourn.

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

DIE Lunæ, 15o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Eliens.
Epus. Roffen.
Epus. Norwic.
Epus. Lich. & Cov.
Epus. Cicestr.
Epus. Bangor.
Epus. Landav.
Epus. Gloucestr.
Epus. Menevens.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Bedford.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Warrington.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Montjoy.
Ds. Foley.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act;" to which they desire the Concurrence of this House.

For disarming The Highlands, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

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. John Bennet and Mr. Allen:

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

Cortissos against Perry and Denne.

The Lord Raymond, Chief Justice of the Court of King's Bench, in the usual Manner, delivered in a Writ of Error, wherein Abraham Cortissos is Plaintiff, and Christopher Perry and William Denne are Defendants.

The House was moved, "That the Plaintiff in the said Writ may be obliged to assign his Errors in Three Days Time."

And thereupon the Standing Order of the 13th Day of December 1661, in relation to Writs of Error, being read:

It is Ordered, That this House will take the said Motion into Consideration To-morrow; and that the Clerk do search Precedents in the mean Time.

Bankrupts Bill.

A Motion was made, "That the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts," may be now read the 3d Time.

And the same being objected to:

Ordered, That the said Bill be read the 3d Time To-morrow; and the Lords to be summoned.

Sir R. Sutton & al. to restrain from going out of the Kingdom, Bill:

The Bill brought up from the House of Commons this Day, to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes, was read the 1st Time.

Sir R. Sutton's Pet. to be heard:

A Petition of the said Sir Robert Sutton, was presented, and read; insisting, "That he is not guilty of any of the fraudulent Practices alledged in the Preamble of the said Bill;" and praying, "That he may be heard, by himself and his Counsel, against the same:"

It is Ordered, That the Petitioner may be heard, as desired, at the 2d Reading of the said Bill.

Conference to be had with H. C. about the Bill:

Ordered, That a Conference be desired with the Commons, to the End that the Grounds upon which the said Bill proceeded in that House might appear the more plainly to the Lords.

Then the Lords following were appointed a Committee, to prepare what shall be offered to the Commons at the Conference:

Ld. President.
Ld. Chamberlain.
D. Somerset.
D. Bedford.
D. Rutland.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Marchmont.
E. Strafford.
E. Fitzwalter.
V. Tadcaster.
L. Bp. Durham. Ld. Delawarr.
L. Willoughby Br.
L. Carteret.
L. Cadogan.

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

The House was adjourned during Pleasure; and the Committee withdrew.

After some Time, the House was resumed.

Heads for it.

And the Lord Delawarr reported from the Committee, "That they had prepared what they conceived was proper to be offered to the Commons, at the Conference; which is as follows:

"The Lords having entered upon the Consideration of the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act;" which they received from the Commons; and having read the said Bill the First Time; do observe, that the Matters of Fact suggested in the said Bill, as the Ground and Foundation upon which it seems to have proceeded in the House of Commons, not appearing sufficiently before the Lords, their Lordships have desired this Conference, that they may have the Assistance of the Commons, in laying the State of the said Matters of Fact more fully before their Lordships."

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

Message to H. C. for the Conference.

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

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the said Bill.

Burroughs to be heard, by Counsel, against the Bill:

A Petition of William Burroughs Esquire, was presented, and read; setting forth, "That he has been a great Sufferer by the Losses sustained in the Charitable Corporation, so that he is not able to pay his just Debts; that he has not in any Manner been concerned in the fraudulent and indirect Practices alledged in the Bill, and doubts not but to be able to make his Innocence appear;" and praying, "That he may be heard, by his Counsel, against the said Bill:"

It is Ordered, That the Petitioner may be heard, as desired, at the Second Reading of the said Bill.

Conference agreed to, and had.

The Messengers sent to the House of Commons, to desire a present Conference with that House, return Answer:

That they do agree to a present Conference, as desired.

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

Ordered, That the Committee appointed to prepare what shall be offered to the Commons, at the Conference, be the Managers of the Conference.

And the Managers Names being called over:

The House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; and had delivered to them what they were directed."

Bp. of Ely against Dr. Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of Error, wherein Thomas Lord Bishop of Ely is Plaintiff, and Doctor Richard Bentley Defendant.

And the Counsel for the Defendant being acquainted, "They might proceed:"

They were accordingly heard; and made several Objections as to the Method of proceeding; and concluded with desiring, "That the Nature of the Jurisdiction in this Case might be considered; how far the Statutes granted to the said College did extend; and the proper Manner of proceeding directed."

Then the Counsel for the Plaintiff were likewife heard; and expressed their Hopes, "That the House would support their Judgement of Reversal, and be pleased to direct a proper Method of proceed ing."

After which, One of the Desendant's Counsel being heard, by Way of Reply to what had been offered by the Plaintiff's Counsel:

They were directed to withdraw.

And, after Debate in relation to the Method of proceeding, it was agreed, That the Counsel should be called in again; and acquainted, "That they are to proceed in the Cause; and the Counsel for the Plaintiff to begin."

Whereupon the Counsel were called in; and acquainted accordingly.

And the Counsel for the Plaintiff were heard; and desired a Consultation might be directed, with respect to the Sixth Article.

And the Counsel for the Defendant being likewise heard;

And One of the Plaintiff's Counsel in Reply:

They were all directed to withdraw.

And the Judges present were heard, to this Question; (videlicet,) "Whether the said Article is cognizable by the Plaintiff, by the Statutes of Queen Elizabeth; and whether Visitors are restrained in Point of Time?"

After which;

It was proposed, "To direct, that a Consultation be granted, as to the Sixth Article."

But the same being objected to; and it being moved, "That the Prohibition should stand as to that Article:"

After Debate;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Ordered and Adjudged, That a Consultation be granted, with respect to the said Sixth Article, except as to these Words at the latter Part thereof; (videlicet,) ["and suffered or permitted the Officers of the said College, in like Manner, to neglect the same."]

Ordered, That the further proceeding in this Cause be adjourned till To-morrow.

Sir R. Sutton & al. Bill to be printed.

Ordered, That the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes, be printed.

Yorkshire Cloth, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill for the better regulating the Manufacture of Cloth, in the West Riding of the County of York; and to hear Counsel, as well against as for the said Bill:

It is Ordered, That this House shall be put into a Committee thereupon, on Wednesday next.

Adjourn.

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

DIE Martis, 16o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Norwic.
Epus. Cicestr.
Epus. Bangor.
Epus. Landav.
Epus. Gloucestr.
Ds. Cancellarius King.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Bedford.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Albemarle.
Comes Coventry.
Comes Godolphin.
Comes Cholmondeley.
Comes Craufurd.
Comes Sutherland.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Pomfret.
Viscount Lonsdale.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

Sir A. Grant and Bond to be heard, by Counsel, against the Bill to restrain Su R. Sutton & al. from going out of the Kingdom.

A Petition of Sir Archibald Grant Baronet, was presented, and read; praying, "In regard he is conscious of his entire Innocence of any such fraudulent or indirect Practices as are alledged in the Bill to restrain him, with others, from going out of the Kingdom; and for other Purposes; and being ready to undergo any Trial, by which the Truth may appear; that he may be heard, by his Counsel, against the said Bill:"

It is Ordered, That the Petitioner may be heard, by his Counsel, at the 2d Reading of the said Bill.

A Petition of Denis Bond Esquire, was presented, and read; insisting on his Innocence as to the Matters alledged against him in the Bill abovementioned; and praying, "That he may be heard, by his Counsel, against the said Bill."

It is Ordered, That the Petitioner may be heard, by his Counsel, at the 2d Reading of the said Bill.

Defendants in Cortissos's Writ of Error, for him to assign Errors.

Upon reading the Petition of Christopher Perry and William Denne, Defendants in a Writ of Error, wherein Abraham Cortissos is Plaintiff; setting forth, "That the said Writ of Error is brought purely for Delay; and that, if this Cause should go over to the next Session of Parliament, the Petitioners will run the greatest Hazard of losing their whole Debt;" and praying, "That a short Day may be appointed, for the assigning of Errors; or that the Petitioners may be permitted to proceed on their Judgement against the said Cortissos and his Bail in the Court below; or that such other Order may be made as shall be just."

And the Clerk having produced, and read, Precedents of Proceedings in like Cases:

It is Ordered, That if the Plaintiff in Error does not assign Errors within Two Days after Service of this Order on himself or his Attorney, then the said Writ of Error shall be Non pros.

Warren to be heard, by Counsel, against Sir R. Sutton & al. Bill.

A Petition of Thomas Warren, was presented, and read; praying, "In regard he has been in no Ways concerned in the Management or Direction of the Affairs of the Charitable Corporation, and is entirely innocent of the fraudulent and indirect Practices alledged in the Preamble of the Bill to restrain the Petitioner, with others, from going out of the Kingdom, and for other Purposes, that he may be heard, by his Counsel, against the said Bill."

It is Ordered, That the Petitioner may be heard, by his Counsel, at the 2d Reading of the said Bill.

E. of Strafford's Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Robert Crabb, Bailiff of Aldborough, in the County of Suffolk, did, within the Time of Privilege of Parliament, in a forcible Manner, break down a Rail or Fence, and put in Horses or Cattle into certain Grounds, in the Possession of Thomas Earl of Strafford, in Breach of his Lordship's Privilege, and the Privilege of this House."

Crabb to be attached, for breaking down a Fence of his.

It is Ordered, That the Serjeant at Arms attending this House do forthwith attach the Body of the said Robert Crabb, and bring him in safe Custody to this House, to answer the 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.

Message from H. C. for a Conference on the Bill to restrain Sir R. Sutton & al. from going out of the Kingdom:

A Message was brought from the House of Commons, by Sir John Barrington and others:

To desire a Conference with this House, upon the Subject-matter of the last Conference.

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference; as desired; and appoint the same presently, in the Painted Chamber."

Jackson to be heard, by Counsel, against the Bill.

A Petition of George Jackson, was presented, and read; setting forth, "That he was unfortunately an Assistant of the Charitable Corporation; but is entirely innocent of the fraudulent and indirect Practices alledged in the Preamble of the Bill to restrain the Petitioner, amongst others, from going out of the Kingdom; and for other Purposes;" and praying, "That he may be heard, by his Counsel, against the same."

It is Ordered, That the Petitioner may be heard, by his Counsel, at the 2d Reading of the said Bill.

Stirling peremptorily to answer Easton & al. Appeal.

The House was informed, "That William Stirling, who, by Order of the Fourteenth of March last, was required to put in his Answer to the Appeal of Robert Easton and others on or before the Eleventh of April following, has neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Archibald Johnstone Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said William Stirling do peremptorily put in his Answer to the said Appeal in a Week.

Devereux's Appeal only to be heard this Session.

Ordered, That this House will hear no other Appeal this Session of Parliament, than that wherein Robert Devereux Esquire is Appellant, and Mathias Phelan Respondent.

Claims to Barony of Powys.

Ordered, That the Sitting of the Committee for Privileges, upon the Petitions of John Kynaston Esquire and Sir Nathaniel Curzon Baronet, to His Majesty, in relation to the Barony of Powys, be adjourned to Thursday Fortnight.

Bankrupts Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

Clause offered to be added to it:

Then a Clause was offered to be added to the said Bill, by Way of Rider; being a Proviso, "That any Discharge of a Bankrupt shall not discharge his Real or Personal Estate, coming to him by Descent or Limitation."

And the same was read.

Then it was proposed, "To read the Proviso a 2d Time."

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the said Clause shall be read a Second Time?"

It was Resolved in the Negative.

Protest against rejecting it.

"Dissentient.

"Haversham."

Then 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 the Bill.

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

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

Conference on the Bill to restrain Sir R. Sutton & al. from leaving the Kingdom:

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

Ordered, That the Managers of the last Conference be the Managers of this Conference.

And their Names being called over:

The House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; which, on their Part, was managed by Mr. Sandys; who had delivered to the Managers for the Lords a Paper, to the Effect following; (videlicet,)

"Your Lordships having, at a Conference, desired the Assistance of the Commons, in laying more fully before your Lordships the State of the Matters of Fact, upon which the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act," was grounded:

"The Commons have commanded us to acquaint your Lordships, that the Matters of Fact, upon which the said Bill was grounded, appeared to them, upon the Inspection of the Charter for incorporating of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; the several Licenses for enlarging their Capital; the several Applications to the Crown, for obtaining the said Licenses; the General Court Books, Court of Committee Book, Committee of Accompt Book, Cash Books, Leidger Books, and other Accompt Books of the said Corporation.

"And the Commons have also commanded us further to acquaint your Lordships, that the said Bill was also grounded upon Evidence given by,

Mr. John Harrison.
Mr. Jeremiah Wainwright.
Mr. John Torriano.
Mr. William Higgs.
John Edwin Esquire.
James Thomson.
David Avery.
Mr. James Milne.
Mr. John Venables.
Mr. Tho's Jones.
Sir John Meres.
Francis Thomson.
David Faikney.

"Which, in the Opinion of the Commons, did fully make out the Allegations contained in the said Bill."

And the same being read, by the Clerk:

Bill to be read a 2d Time:

Ordered, That the said Bill be read a 2d Time on Thursday next, at Ten a Clock.

Writings to be brought:

Ordered, That there be forthwith laid before this House, the Charter for incorporating of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; the several Licenses for enlarging their Capital; the General Court Books, Court of Committee Book, Committee of Accompt Book, Cash Books, Leidger Books, and other Accompt Books, of the said Corporation.

Address for the Applications for obtaining Licenses to enlarge the Capital of the Charitable Corporation:

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause to be laid before this House, the several Applications to the Crown, for obtaining the aforementioned Licenses for enlarging the Capital of the Charitable Corporation."

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

Witnesses to attend;

Ordered, That Mr. John Harrison, Mr. Jeremiah Wainwright, Mr. John Torriano, Mr. William Higgs, John Edwin Esquire, James Thomson, David Avery, Mr. James Milne, Mr. John Venables, Mr. Thomas Jones, Sir John Meres, Francis Thomson, and David Faikney, do attend this House, as Witnesses, on Thursday next, at Ten a Clock.

and Attorney General to have Notice.

Ordered, That Counsel be allowed to be heard for the said Bill; and that His Majesty's Attorney Gene ral have forthwith Notice of the several Orders aforementioned.

Bp of Ely against Dr Bentley, in Error.

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of Error, wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And One of the Counsel for the Plaintiff in Error, being heard, prayed, "That a Consultation might be granted, with respect to the Seventh Article exhibited against the Defendant."

Whereupon, One of the Counsel for the Defendant was heard, by Way of Answer to what was urged by the Counsel for the Plaintiff; and desired, "That the Prohibition might stand, as to that Article."

And One of the Plaintiff's Counsel being heard in Reply:

They were all directed to withdraw.

After Debate;

Ordered and Adjudged, That the Prohibition do stand, as to the said Seventh Article.

Ordered, That To-morrow, at Twelve a Clock, this House will proceed further in the Consideration of this Cause.

Devereux against Phelan.

Ordered, That the Hearing of the Cause wherein Robert Devereux Esquire is Appellant, and Mathias-Phelan Respondent, be put off to Monday next.

Yorkshire Cloth, Bill.

Ordered, That the Sitting of the Committee on the Bill for the better regulating the Manufacture of Cloth, in the West Riding of the County of York; and the hearing of Counsel, as well against as for the said Bill, be put off to Friday next.

Adjourn.

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

DIE Mercurii, 17o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Eliens.
Epus. Norwic.
Epus. Lich. & Cov.
Epus. Cicestr.
Epus. Bangor.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux Rutland.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Burlington.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Godolphin.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Weston.
Ds. Gower.
Ds. Montjoy.
Ds. Masham.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Malton.

PRAYERS.

Tomkyns's Composition, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Commissioners of His Majesty's Treasury, or the Lord High Treasurer, for the Time being, to compound with Thomas Tomkyns, Cashier to the late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for an Arrear he stands charged with to the Crown," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Bp. of Ely against Dr. Bentley, in Error:

Counsel (according to Order) were called in, to be further heard, in the Cause upon a Writ of Error, wherein the Lord Bishop of Ely is Plaintiff, and Doctor Bentley Defendant.

And the Counsel for the Plaintiff being directed to proceed:

They acquainted the House, "That, in order to take up as little of their Lordships Time as possible, they were willing to waive proceeding on several of the Articles exhibited against the Defendant."

Whereupon the Defendant's Counsel being heard; and the Plaintiff's Counsel having replied; they were directed to withdraw.

And it was agreed by the House, that the Counsel for the Plaintiff should be directed to proceed, Article by Article.

Then the Counsel were again called in; and the Plaintiff's Counsel were acquainted therewith.

And thereupon One of them proceeded; and was heard, touching both the Eighth and Ninth Articles, the latter depending on the former.

And One of the Counsel for the Defendant being likewise heard;

As also One of the Plaintiff's Counsel, by Way of Reply:

They were all directed to withdraw.

Ordered and Adjudged, That the Prohibition do stand, as to the said Two Articles:

Further Proceedings adjourned till next Session.

Ordered, That the further Proceeding in this Cause be adjourned to Tuesday in the Second Week of the next Session of Parliament.

Message to H. C. for Mr. Aislable to attend, about Sir R. Sutton's Bill;

Ordered, That a Message be sent to the House of Commons, to desire, "That William Aislabie Esquire, a Member of that House, may have Leave to attend this House, in order to be examined, as a Witness, upon the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

and that Warren, in their Custody, may be produced:

And also to desire, "That Thomas Warren, in Custody of the Serjeant at Arms attending that House, may be, from Time to Time, produced before this House, when desired, in order to be examined, as a Witness, upon the said Bill."

And a Message was accordingly sent, by Mr. Lovibond and Mr. Thomas Bennet, for the Purposes aforesaid.

Witnesses for Sir R. Sutton to attend:

Ordered, That Mr. John Richardson, Mr. Thomas Woodford, Captain Henry Colt, Christian Cole Esquire, Mr. Thomas Townley, Walter Molesworth Esquire, Edward Turner Esquire, Mr. Mathew Lamb, Mr. George Woodcraft, Johnson, Mr. Timothy Casey, Edward Turner Senior Esquire, Thomas Milner Esquire, Mr. Le Gross, Mr. Smith, Mr. Joseph Cragg, Bennet Langton Esquire, and Mr. George Gordon, to attend this House To-morrow Morning, as Witnesses, upon the same Bill.

Papers to be laid before the House.

Ordered, That there be laid before this House, To-morrow Morning, several Notes and Certificates signed by John Toriano, the Security Bonds of John Thomson and George Robinson, the Conveyance of George Robinson's Estate to Sir Robert Sutton, in Trust for the Corporation, and his Bond and Judgement given to Walter Molesworth Esquire, and the several Powers given to Nathaniel Lovel, Richard Woolley, and Thomas Warren, or any other Persons, impowering them to pledge Goods with the Charitable Corporation.

Act relating to the E India Trade, to revive, Bill.

Ordered, That the House be now put into a Committee upon the Bill, intituled, "An Act for reviving an Act made in the Fifth Year of His late Majesty King George the First, intituled, An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."

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

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

And the Lord Delawarr 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."

Greenland Fishery, Bill.

Ordered, That the House be now put into a Committee upon the Bill, intituled, "An Act for encouraging the Greenland Fishery."

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

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

And the Lord Viscount Falmouth 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."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Jovis, 18o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunclm.
Epus. Winton.
Epus. Bangor.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
Comes Chesterfield, Senescallus.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Cowper.
Comes Pomfret.
Comes Fitzwalter.
Comes Essingham.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Raymond.

PRAYERS.

King's Answer to the Address for Papers respecting the Charitable Corporation.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House of Tuesday last, "That the Applications made to the Crown, for obtaining Licenses to the Charitable Corporation, for enlarging their Capital, might be laid before this House;" and that His Majesty had been pleased to give Orders accordingly."

Lords answering upon Honour, to be considered.

The House being moved, "That the Committee for Privileges may be directed to meet, and consider the Privileges of this House:"

It is Ordered, That the said Committee do meet on Monday next, to take the same into Consideration.

Answer from H. C about Mr. Aislabie attending; and that Warren shall be produced.

The Messengers sent Yesterday to the House of Commons acquainted the House, "That as to the former Part of their Lordships Message, desiring, "That William Aislabie Esquire, a Member of their House, might have Leave to attend this House, in order to be examined, as a Witness, upon the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes," they will send an Answer by Messengers of their own: And as to the latter Part of the said Message, they will give Order, that Thomas Warren shall be produced before this House, from Time to Time, when desired."

Pet. of the Charitable Corporation, that the Bill may pass.

A Petition of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest, was presented to the House, and read; setting forth, "That the Petitioners have suffered very great Losses, and are many of them reduced to great Distress and Poverty, and cannot be relieved without the Aid and Power of Parliament;" and praying, "That the aforementioned Bill may pass into a Law; or that the Petitioners may be otherwise relieved, as to this House shall seem meet:"

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

Act relating to the E. India Trade, to revive, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for reviving an Act made in the Fifth Year of the Reign of His late Majesty King George the First, intituled, An Act for the better securing the lawful Trade of His Majesty's Subjects to and from The East Indies; and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions."

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

It was Resolved in the Affirmative.

Greenland Fishery, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for encouraging the Greenland Fishery."

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

It was Resolved in the Affirmative.

Tomkyns's Composition Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Commissioners of His Majesty's Treafury, or the Lord High Treasurer, for the Time being, to compound with Thomas Tomkyns, Cashier to the late Commissioners for licensing Hawkers, Pedlars, and Petty Chapmen, for an Arrear he stands charged with to the Crown."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceing Bills.

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

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

Robinson to be heard, against the Bill to restrain Sir R. Sutton and others from going out of the Kingdom;

A Petition of Benjamin Robinson Gentleman, was presented, and read; praying, "In regard he does not doubt but, upon a full Consideration of his Behaviour, he will appear not only an innocent Man, but also a very great Sufferer, and an Object of Compassion; that he may be heard, against the Bill to restrain him, with others, from going out of the Kingdom, and for other Purposes, by himself or his Counsel."

Ordered, That the Petitioner may be heard, as desired, at the Second Reading of the said Bill.

and Woolley also to be heard, against the same Bill:

A Petition of Richard Woolley, was presented, and read; setting forth, "That he has not been concerned in the Direction and Management of the Charitable Corporation, and is entirely innocent of the fraudulent and indirect Practices alledged in the Preamble of the Bill to restrain him, amongst others, from going out of the Kingdom, and for other Purposes;" and praying, "That he may be heard, by his Counsel, against the said Bill."

Ordered, That the Petitioner may be heard, by his Counsel, at the Second Reading thereof.

Books, &c. from the Charitable Corporation, delivered:

The House being informed, "That a Person from the Charitable Corporation attended:"

He was called in; and delivered, at the Bar, pursuant to the Order of Tuesday last,

The Charter for incorporating the said Corporation, and the Licenses for enlarging their Capital, together with the several Books required by the said Order.

And then he was directed to withdraw.

Applications for Licenses for increasing the Capital delivered:

The Lord Harrington presented to the House, pursuant to their Lordships Address to His Majesty of Tuesday last,

The several Applications to the Crown, for obtaining the Licenses granted to the Charitable Corporation, for increasing their Capital.

Leave from H. C. for Mr. Aislabie to attend:

A Message was brought from the House of Commons, by Sir Thomas Sanderson and others:

To acquaint this House, "That they do give Leave to William Aislabie Esquire, a Member of that House, to attend this House, in order to be examined, as a Witness, upon the Bill mentioned in their Lordships Message of Yesterday, if he thinks fit."

Sir R. Sutton & al. not to go out of the Kingdom, Bill.

The Order of the Day being read, for reading the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same, and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act," a Second Time; and hearing Counsel for and against the same:

The Counsel were accordingly called in.

And the said Bill was read.

And the Counsel for the Bill were heard, to open the Charge contained in the Preamble thereof.

And, at their Instance, the Charter granted to the Charitable Corporation, the 22d of December 1707, was read; as likewise Three Licenses for increasing their Capital, the First on the 22d of June 1722, the 2d on the 21st of June 1728, and the 3d on the 31st of July 1730.

Then William Higgs, Secretary to the said Corporation, was produced, sworn, and examined with relation to the Books laid before the House.

And the Form of an Oath to be taken by the Officers was read:

As also the Form as afterwards altered.

And divers other Entries in the Court and Committee Books were read.

Next, Nathaniel Lovell, Messenger to the Corporation, being sworn, was examined, as to what Officer he was, what Salary he had, and touching the Key of the Warehouse.

And some more Entries in the Corporation Books were read.

And John Harrison, an Accomptant appointed by the Inspectors after John Tomson was withdrawn, was produced, sworn, and examined in relation to the Affairs of the Corporation; particularly as to what Money was wanting.

Next, James Milne was sworn, and examined in relation to the Goods pledged.

And Francis Thomson was examined, upon Oath, as to Bills of Sale on borrowing Money upon Goods, and of the putting fictitious Names to such Bills.

Then David Avery was sworn, and examined as to fictitious Transactions with respect to Bills of Sale, Certificates, and Defeazances.

As was also David Faikney, Clerk to John Tomson, sworn, and examined as to Matters of the like Nature.

Which done:

The Counsel for the Bill offered to proceed on another Head of Evidence.

Whereupon they were directed to withdraw.

Ordered, That this House will, To-morrow at Ten a Clock, hear Counsel further, on the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes.

Yorkshire Cloth, Bill.

Ordered, That the Sitting of the Committee on the Bill for better regulating the Manufacture of Cloth in The West Riding of the County of York; and the hearing of Counsel, as well against as for the said Bill, which is appointed for To-morrow, be put off to Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Veneris, 19o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Winton.
Epus. Norwic.
Epus. Lich. & Cov.
Epus. Bangor.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Grafton, Camerarius.
Dux Somerset.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea & Nott.
Comes Thanet.
Comes Essex.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Sutherland.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Lonsdale.
Viscount Tadcaster.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Dclawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Byron.
Ds. Cornwallis.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Malton.

PRAYERS.

Witnesses to attend on Sir R. Sutton & al. Bill:

Ordered, That Robert Mann Esquire, Simon Clement, Richard Fitzgerald Esquire, Doctor Arbuthnot, William Richard Marter, Richard Hamilton, Sir Thomas Mackworth, Samuel Peirson, William Clendon, and Mr. Elphingston, do attend this House, in order to be examined, as Witnesses, upon the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes.

Willan, a Prisoner, to be brought:

Ordered, That Robert Willan, now a Prisoner in The Fleet, be brought to this House, in order to be examined, as a Witness, upon the said Bill.

Message to H. C. for Mr. Cornewall to attend:

Ordered; That a Message be sent to the House of Commons, to desire, "That James Cornewall Esquire, a Member of their House, may have Leave to attend this House, in order to be examined, as a Witness, upon the same Bill."

And a Message was accordingly sent, by Mr. Thurston and Mr. Allen, for that Purpose.

Burroughs to be brought to the Bar.

A Petition of William Burroughs Esquire, a Prisoner in His Majesty's Prison of The Fleet, was presented, and read; setting forth, "That he is under great Difficulties in instructing his Counsel, in order to make his Defence against the Bill to restrain him with others from going out of the Kingdom;" and praying, "That he may be allowed to attend his Counsel, during the Hearing, at the Bar of this House."

Ordered, That the Warden of the said Prison do bring the Petitioner to the Bar of this House, during the Dependance of the said Bill.

Sir R. Sutton & al. to restrain from going out of the Kingdom, Bill.

Counsel (according to Order) were called in, to be further heard, upon the Bill aforementioned.

And the Counsel for the Bill being directed to proceed:

They produced John Harrison; who was examined upon Oath, as to Sums of Money lent by the Charitable Corporation to particular Persons.

Jeremiah Wainwright produced, and sworn.

And the Counsel against the Bill objecting to his being examined, if he was concerned in Interest in the said Corporation:

He thereupon acquainted the House, "That there were divers Shares in Trust for him, but none in his own Name."

And the Counsel on both Sides having been heard in relation to this Matter:

They were directed to withdraw.

And after Debate;

The Question was put, "Whether the said Jeremiah Wainwright shall be admitted an Evidence?"

It was Resolved in the Affirmative.

Then the Counsel were again called in.

And the said Mr. Wainwright was examined, touching the Method of passing Accompts of the said Corporation, and as to the Delivery of the Key of the Warehouse.

And several Entries in the Company's Books, in relalation to Cash Notes, were read.

Next, Thomas Jones being produced, and sworn;

A Deed of Contract, dated 19th August 1726, between the Corporation and the said Jones, in relation to Cash Notes, was read.

And he was examined, touching Pledges and other Matters.

An Agreement made with George Robinson, the 1st of March 1728, for circulating of Notes, read.

A Resolution, to issue no more of them, read.

John Torriano called; and, being sworn, in order to be examined:

It was objected to him, "That he was concerned in Interest."

And he admitting he was so concerned:

The Counsel were directed to withdraw.

And the Lord Chief Baron, being present, was directed to deliver his Opinion, "Whether a Person's having an Interest in the Stock of this Corporation, be a proper Objection against his being a Witness?"

To which he answered, "That it was not such an Interest as ought to bar Persons from giving Evidence on this Bill."

Whereupon it was agreed, That the Lord Chancellor should acquaint the Counsel against the Bill, "That it was the Pleasure of the House, that they should not make any more such Objections for the future."

The Messengers sent to the House of Commons this Day acquainted the House:

That they had delivered their Message; and that the Commons said, "They would send an Answer by Messengers of their own."

Leave from H. C. for Mr. Cornewall to attend.

A Message was brought from the House of Commons, by Sir Charles Nicholls and others:

To acquaint this House, "That they do give Leave to James Cornewall Esquire, a Member of that House, to attend their Lordships, in order to be examined, as a Witness, if he thinks fit."

Message from H. C. to return Sir W. Stanhope's Bill.

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

To return the Bill, intituled, "An Act for Sale of certain Woods, Woodlands, and other Lands, in the Counties of Bucks, Hertford, and Bedford, Part of the Estate of Sir William Stanhope Knight of the Bath; and for settling other Lands, in the County of Warwick, of greater Yearly Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Sir R. Sutton and others to restrain from going out of the Kingdom, Bill.

The Counsel were again called in; and the Lord Chancellor acquainted those who were against the Bill, "That it was the Opinion of the House, that a Person's having an Interest in this Corporation was no Objection to his being an Evidence in relation thereunto; and that therefore they should not make any such Objections for the future."

Then Mr. Torriano was examined, as to the Key of the Iron Trunk delivered to him; what Demand was made of him for it; what Notes were locked up; and touching his Refusal of delivering the Key.

Then an Entry of an Order of the 15th of May 1731, for Key to be delivered up to Mr. Squire, was read.

And Mr. Wainwright was again examined, as to Notes; and touching a Copper Plate for printing of Bonds; fixing the Seal to such Bonds, and in relation to the Difposition thereof.

And John Herring was produced, sworn, and examined in relation to his desiring Bonds for Notes.

Also several Orders entered in the General Court Books, for the Payment of Dividends in Money for Shares, read.

And John Harrison was examined, as to what Five Shillings a Share upon the Stock amounted to, and from whence he took his Computations.

After which, the Counsel for Sir Robert Sutton defiring Liberty to inspect the Books of the Corporation, in order to see whether the Accompt given by Mr. Harrison was true:

They were all directed to withdraw.

Ordered, That the Counsel and Agents for the Petitioners against the Bill have Liberty to inspect the said Books, in the Clerk's Custody.

Ordered, That the further Hearing upon the said Bill be adjourned till To-morrow, at Ten a Clock.

Adjourn.

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

DIE Sabbati, 20o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Dunelm.
Epus. Winton.
Epus. Lich. & Cov.
Epus. Bangor.
Epus. Gloucestr.
Ds. King, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Custos Privati Sigilli.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Rutland.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Chesterfield, Senescallus.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Godolphin.
Comes Sutherland.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Marchmont.
Comes Ilay.
Comes Aylesford.
Comes Cowper.
Comes Pomfret.
Comes Effingham.
Viscount Say & Seale.
Viscount Tadcaster.
Viscount St. John.
Viscount Falmouth.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Haversham.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.

PRAYERS.

Cortissos against Perry and Denne, in Error, non pros'd, with Costs.

Upon reading the Petition of Christopher Perry and William Denne, Defendants in a Writ of Error depending in this House, wherein Abraham Cortissos is Plaintiff, setting forth, "That the Plaintiff hath not assigned any Errors, as he was required to do by Order of this House on Tuesday last, although the same was personally served on Mr. Arthur Stone, his Attorney;" and praying, "That the said Writ of Error may be Non pros'd, with exemplary Costs:"

And Proof being made at the Bar, upon Oath, of the due Service of the said Order as abovementioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Defendants in Error do forthwith enter a Non pros. thereupon; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the said Defendants, the Sum of Thirty Pounds, for their Costs by Reason of the Delay of the Execution of the said Judgement.

Sir W. Stanhope's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of certain Woods, Woodlands, and other Lands, in the Counties of Bucks, Hertford, and Bedford, Part of the Estate of Sir William Stanhope Knight of the Bath; and for settling other Lands, in the County of Warwick, of greater Yearly Value, to the same Uses."

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

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

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Sir R. Sutton and others to restrain from going out of the Kingdom, Bill.

Ordered, That Mr. Henry Peirson, Mr. Jess Norman, Mr. Thomas Turner, Mr. Edward Cooks, and Mr. Mascall Cooks, do attend this House on Monday next, in order to be examined, upon the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom; and for other Purposes.

Counsel (according to Order) were called in, to be further heard, upon the last mentioned Bill.

And John Venables was produced, sworn, and examined in relation to Accompts prepared by him, and laid before a Committee of the Charitable Corporation.

Then, at the Request of the Counsel for the Bill.

A Petition of the said Corporation to His Majesty, for a 2d License to increase their Capital; and His Majesty's Reference to the Attorney General, 15th of February 1727/8, together with his Report thereupon, the 24th of the same Month; were read.

And Mr. Higgs was examined, in relation to the granting the Licenses.

And some Proceedings out of the Books concerning that Matter were read.

Next, a Petition of the same Corporation to His Majesty, for a 3d License, and His Majesty's Reference to Mr. Attorney General, 26th December 1729; as also his Report thereupon, the 7th April following; together with an Affidavit of William Burroughs, taken the 18th of March, in order to obtain such License; were read.

And Mr. Higgs was again examined touching that Matter.

Then, an Order at a General Court, the 1st of October 1730, for dividing Five Shillings a Share, was read.

And Mr. Wainwright was examined, as to what Prices the Shares were sold at before and after the Licenses.

And Mathew Lambe was sworn, and examined in relation to the buying of Shares, when, and for whom.

And Mr. Higgs again examined, as to the opening more Houses for the taking in of Goods.

Next, Sir John Meres was sworn, and examined, whether any or what Complaints were made in lending Money on Pledges; as to his Intentions of selling at any Time, and what Persuasions he had to the contrary; also touching any Conversation as to a Debt due from Mr. Robinson, on Money left in his Hands; and in relation to the opening of any other House.

And several Orders of Committees, when the Examinant was in the Chair, were read.

Then Thomas Jones was examined, whether he was not going to put something in Print touching the Affairs of the Corporation, and what Application was made to him not to do it.

Also John Edwin Esquire was sworn, and examined as to any and what Discourse he had with Sir Archibald Grant and Sir Robert Sutton, concerning the Value of Shares, and in relation to his inspecting the Books, and of the Conduct of the Officers concerned in the Corporation on that Occasion.

Then the Counsel for the Bill acquainting the House, "They had gone through with their Evidence:"

They were all directed to withdraw.

Ordered, That the further Hearing upon this Bill be adjourned till Monday next, at Eleven a Clock.

Adjourn.

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