April 1734
DIE Lunæ, 1o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol. |
(fn. 1) Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Hervey.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
His Majesty's Answer to the Address.
The Lord Chancellor reported, "That the House
did, on Saturday last, present to His Majesty their
humble Address; to which His Majesty was graciously pleased to return this Answer; (videlicet,)
"My Lords,
"I take this Address as a great Mark of your Zeal
and Affection for My Person and Government.
"I thank you for the Confidence you thereby repose
in Me; which, You may be assured, shall be used only
for the Ends you propose by it, and with the utmost
Regard to the true Interests of My People."
The Message, Address, and Answer, to be printed.
Ordered, That His Majesty's most Gracious Message to this House on Thursday last, their Lordships
Address to His Majesty thereupon, and His Majesty's
most Gracious Answer thereunto, be forthwith printed
and published.
Evelyn's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for vesting Part of the Estate late of George Evelyn
Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles
Boone Esquire, pursuant to an Agreement for that
Purpose."
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. Allen and Mr. Spicer:
To carry down the said Bill, and desire their Concurrence thereunto.
Address for a State of the British Islands in America.
Moved, "That an humble Address be presented to
His Majesty, That He will be graciously pleased to
order the Commissioners for Trade and Plantations to
prepare, and lay before this House, at the next Session
of Parliament, a State of the British Islands in America, with regard to their Trade, their Strength, and
Fortifications; together with their Opinion what may
be further necessary for the Encouragement of their
Trade and Security of those Islands."
Ordered accordingly; and that the same be presented by the Lords with White Staves.
Committee Privileges on L. Duffus's Petition.
Ordered, That Robert Jackson Esquire, His Majesty's late Resident at Stockholm, Charles Forbes Esquire,
and Mr. Alexander Ross, do attend the Lords Committees
for Privileges, to whom the Petition of Erick Lord
Duffus, presented to His Majesty, and by His Majesty
referred to this House, stands referred, as Witnesses on
Behalf of the Petitioner; and that His Majesty's Attorney General and His Majesty's Advocate for Scotland
have Notice given them, "That the said Committee is,
by Adjournment, to meet on Wednesday next:" And
it is further Ordered, That some of the Judges do then
attend the said Committee.
Causes limited.
A List of the several Causes, which now stand appointed to be heard, being read:
It is Ordered, That no more than the Four First
Causes be heard this Session; and that the Cause wherein Archibald Murray is Appellant, and Francis Charteris
Respondent, appointed to be heard this Day, be put off
till To-morrow; and the other Three Causes to come on
successively in Course, as they at present stand appointed.
Committee to consider Standing Orders, as to hearing Appeals.
Ordered, That the Lords following be appointed a
Committee, to consider of the Standing Orders of
this House, in relation to the Hearing of Appeals;
(videlicet,)
|
Ld. President.
D. Rutland.
D. Montagu.
D. Kent.
M. Tweeddale.
E. Warwick.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Cholmondeley.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Tankerville.
E. Aylesford.
E. Pomfret.
E. Fitzwalter.
L. V. Say & Seale.
L. V. Cobham.
L. V. Falmouth. |
L. Bp. London.
L. B. Durham.
L. B. Rochester.
L. B. Landaff.
L. B. Bristol. |
Ld. Abergavenny.
L. Delawarr.
L. Hunsdon.
L. Carteret.
L. Hervey.
L. Boyle.
L. Foley.
L. Bathurst.
L. Hobart.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet on
Wednesday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Wyndham to take the Name of Ashe, Bill.
The Lord Hobart reported from the Lords Committees to whom the Bill, intituled, "An Act to enable
Joseph Wyndham Esquire, and his Issue Male, to take
and use the Surname of Ashe, pursuant to the last Will
and Testament of Dame Mary Ashe," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which they found to be true;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Hampstead, &c. Road, Bill.
The Order being read, for the Second Reading of
the Bill, intituled, "An Act for continuing, explain
ing and making more effectual Two Acts of Parliament, One of the Third, and the other of the
Eighth, Year of the Reign of His late Majesty King
George the First, for repairing the Highways from
the several Places in the the said Acts mentioned, to
Highgate Gatehouse and Hampstead, in the County of
Middlesex; and for amending the Roads from the
South End of the said Town of Hampsted, to the further End of Burrough Lane, in the Parish of Hendon;
and for repairing other Roads therein mentioned,
lying in the Parish of Islington, in the said County;"
and for hearing Counsel, as well against as for the
same:
Counsel were accordingly called in.
And the said Bill was read a Second Time.
And Counsel were heard, upon the Two several Petitions against the Bill.
And produced and examined one Henry Hind, upon
Oath, touching the Allegations of the said Petitions.
Which done;
Counsel were heard for the Bill.
And the Petitioner's Counsel having replied;
And being all withdrawn:
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on
the same Day, at the usual Place; and to adjourn
as they please.
Enlarging Time for taking the Oaths, Bill.
The House (according to Order) was adjourned dur
ing Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to indemnify Persons who have
omitted to qualify themselves for Employments or
Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation,
and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice
Chancellor of the University and Mayor of the Town
of Cambridge to act as Justices of the Peace for
the County of Cambridge, notwithstanding the Act
for the further Qualification of Justices of the
Peace."
And, after some Time spent therein, the House was
resumed.
And the Earl of Harborough 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 Martis,
secundum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 2o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Winton.
Epus. Oxon.
2. Epus. Hereford.
1. Epus. Roffen.
Epus. Bangor.
Epus. Landav.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Bedford.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camèrarius Angl.
Dux Newcastle.
March. Tweeddale.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Chesterfield.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Knapp against Pembroke.
The joint and several Answers of Thomas Pembroke
and Sarah his Wife, to the Appeal of Warner Knapp and
Jane his Wife, was brought in.
Account of Ships, &c. sent to The West Indies.
The House being informed, "That a Person from
the Admiralty-office attended:"
He was called in; and delivered, at the Bar, pursuant
to their Lordships Address of the 26th of March last,
"An Account of what Ships, Men, and Stores, have
been sent from Great Britain, to the several Plantations in The West Indies, for their Defence, since the
Year 1720; with the Times when such Ships went
out, and when they returned."
Orders in relation to Appeals:
Ordered, That the Committee appointed to meet
To-morrow, to take into Consideration the Standing
Orders of this House in relation to the Hearing of
Appeals, do meet on Thursday Morning next.
Messages from H C. to return the E. of Burlington's Bill.
A Message was brought from the House of Commons, by Sir William Milner and others:
To return the Bill, intituled, "An Act for supplying
an Omission in a former Act of Parliament, to enable
Richard Earl of Burlington to grant Leases of Ground
behind Burlington-house;" and to acquaint this House,
that they had agreed to the same, without any Amendment.
Smith, for Payment of Morland's Debts, Bill:
A Message was brought from the House of Commons,
by Mr. Shaftoe and others:
To return the Bill, intituled, "An Act for confirming
a Conveyance of divers Lands and Hereditaments in
the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts
and Incumbrances;" and to acquaint this House, that
they have agreed to the same, without any Amendment.
and Trentham Commons, Bill.
A Message was brought from the House of Commons,
by Mr. Ward and others:
To return the Bill, intituled, "An Act for enclosing
the Common, or Waste, called Lightwood Forest, otherwise Cocknage-banks, and Blurton Common, in the
Manor and Parish of Trentham, in the County of
Stafford;" and to acquaint this House, that they
have agreed to the same, without any Amendment.
Message from H. C with a Bill.
A Message was brought from the House of Commons,
by Mr. Winnington and others:
With a Bill, intituled, "An Act for settling and determining, in a summary Way, the Demands of the
Charitable Corporation for Relief of industrious Poor,
by assisting them with small Sums upon Pledges at legal
Interest, against Persons accomptable to the said Charitable Corporation, with respect to Certificates of
fictitious or insufficient Pledges;" to which they desire
the Concurrence of this House.
City of London against Perkins & al.
The House was moved, "That the Hearing of the
Cause wherein the Mayor, Commonalty, and Citizens, of the City of London, are Appellants, and
Thomas Perkins and others Respondents, be put off
till the next Session of Parliament."
And thereupon the Agents on both Sides were called in.
And acquainting the House, "They desired the same
might be put off accordingly;"
And being withdrawn:
It is Ordered, That the hearing the said Cause be
put off to the next Session of Parliament.
Creditors of the York Buildings Company, for the Bill.
A Petition of the several Persons whose Names are
thereunto subscribed, in Behalf of themselves and a great
Number of other Creditors of the Governor and Company of Undertakers for raising the Thames Water
in York Buildings, was presented, and read; praying,
That the Bill depending in this House, for stating the
Accompts and Demands between the said Company
and their Creditors and Debtors, may pass into a
Law."
Ordered, That the said Petition do lie on the
Table.
Application of the Lottery Money, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the Application and Disposal of the Residue of
the Money raised by Way of Lottery, on the Credit
of an Act made in the last Session of Parliament, for
the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the
Descriptions therein mentioned."
Report and Accompt referred to a Committee.
Ordered, That the said Bill be committed to a
Committee of the whole House, on Thursday next; and
that the Report of the Commissioners, appointed to examine, state, and report, who of the Sufferers in the
Charitable Corporation are Objects of Compassion, presented to this House the 31st of January last; and also
the Accompt of what Charge has hitherto attended the
Execution of an Act passed the last Session, appointing
the said Commissioners; with an Estimate, as near as
can be made, of what Charge may occur in the further
Execution thereof, presented to this House on Friday
last; be referred to the said Committee: And that the
Commissioners do attend the Committee.
Enlarging Time for taking the Oaths, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the
Oaths, and making and subscribing the Declaration
against Transubstantiation, and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to
act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace."
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 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.
Mrs. Mead's Pet. for L. Onslow to waive Privilege, again refused.
A Petition of Anne Mead, was offered to the House;
praying Liberty to bring the Merits of her Case, relating to a Contract of Marriage alleged to be had between the Lord Onslow and the Petitioner, before a proper Court, without Breach of Privilege.
And the Question being put, "Whether the said
Petition shall be now read?"
It was Resolved in the Negative.
Murray & al. against Charteris.
Counsel (according to Order) were called in, to be
heard, in the Cause wherein Mr. Archibald Murray Advocate, Mr. James Baillie and James Armour Writers
to the Signet, and William Robertson Writer in Edinburgh, Trustees of John Lowis of Merchiston's Creditors, are Appellants, and Francis Charteris of Ampsfield
Esquire and his Guardians Respondents.
And Counsel having been heard for the Appellants,
and divers Proofs on their Part read;
And being withdrawn:
It is Ordered, That the further Hearing of this
Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
tertium diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 3o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Landav.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Rothes.
Comes Morton.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Falmouth.
Viscount Lymington. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Carteret.
Ds. Hervey.
Ds. Foley.
Ds. King.
Ds. Hobart.
Ds. Hardwicke. |
PRAYERS.
Murray & al. against Charteris:
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Mr. Archibald Murray
Advocate, Mr. James Baillie and James Armour Writers to the Signet, and William Robertson Writer in
Edinburgh, Trustees of John Lowis of Merchiston's
Creditors; complaining of an Interlocutor of the Lords
of Session in Scotland, of the 15th of November 1732;
and also of so much of another Interlocutor, of the 11th
of January following, as adhered to the First Part of
the former Interlocutor; and likewise complaining of
an Interlocutor, of the 21st of February 1733; and of
another, of the 6th of July last, adhering thereunto;
and praying, "That the same may be reversed; but
that the latter Part of the said Interlocutor of the
11th of January 1733 may be affirmed:" As also
upon the Answers of Francis Charteris of Ampsfield Esquire and his Guardians put in to the said Appeal;
and due Consideration and Debate had of what was offered
on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the former Part of the said Interlocutor of the 15th of November 1732, whereby the Lords of Session found the
Documents adduced for instructing Usury not relevant,
be, and is hereby, affirmed; but that the latter Part of
the same Interlocutor, finding the Bonds in Question
sufficiently prove their onerous Causes, without the Necessity of further Astruction, be, and is hereby, reversed: And it is further Ordered and Adjudged, That the
said Interlocutor of the 11th of January 1733, whereby the Lords of Session adhered to the First Part of
their former Interlocutor, but found that the Narratives of the Bonds in Question do not sufficiently astruct the onerous Causes of the said Bonds, be, and is
hereby, affirmed, with this Addition; (videlicet,) "without some further Proof thereof, by Circumstances or
otherwise:" And it is also Ordered and Adjudged,
That the said Interlocutor of the 21st of February 1733,
whereby the Lords of Session adhered to their Interlocutor of the 15th of November 1732, finding the Bonds
in Question sufficiently prove their onerous Causes,
without the Necessity of further Astruction; and the said
Interlocutor of the 6th of July last, adhering to the said
Interlocutor of the 21st of February 1733; be, and are
hereby, reversed.
Skerrett against Nisbitt & al.
Upon reading the Petition and Appeal of Humphry
Skerret Gentleman; complaining of a Decretal Order,
and other Orders and Proceedings, of the Court of Chancery in Ireland, made the Day of
upon the Appellant's Motion to have One Hundred
Pounds per Annum paid, and the Possession delivered
to him of the Lands of Killefadda and Gortinee; the
Order of the 25th of May 1731, refusing the Appellant's Motion; and the Order of the 16th of February
1731, upon arguing the Defendant's Plea; the Orders
of the 28th of June and 26th of February last, in a
Cause wherein the Appellant was Plaintiff, and John
Nisbett, William Slack, Joseph Hall, Christopher Rind,
and Lancelot Lowther, were Defendants; and in a Cross
Cause, wherein the said John Nisbett was Plaintiff, and
the Appellant and others were Defendants; and praying, "That the same may be reversed; and that a Receiver may be appointed, to receive the Rents and Profits of the said Estate; and that the same, or a Sum or
Sums sufficient thereout, be paid unto the Appellant,
as well to discharge the Arrear in the said Appeal
mentioned, since the Year 1720, as the growing
Rent of One Hundred Pounds per Annum; and that
the Appellant may be quieted in the Enjoyment of
his Land (fn. 2) Aghary; and that the Appellant may have
such further and other Relief in the Premises as to
this House shall seem meet:"
It is Ordered, That the said Mathew Nisbett, Prudence Nisbett, John Nisbett, Henry Nisbett, Prudence
Nisbett Spinster, Florinda Nisbett, Anne Nisbett, Cairncross Nisbett, Thomas Nisbett, Thomas Marley, Thomas
Croston, Richard Geering, Charles Goddard, William
Slack, and Jane Hall, may have a Copy or Copies of
the said Appeal; and are hereby required to put in
their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 8th Day of May next;
and that Service of this Order upon the said Respondents, or their respective Clerk or Clerks in the said
Court, be deemed good Service.
Wyndham to take the Name of Ashe, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable Joseph Wyndham Esquire and his Issue Male to
take and use the Surname of Ashe, pursuant to the
last Will and Testament of Dame Mary Ashe."
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.
King's Answer to the Address for a State of the British Islands in The W. Indies.
The Lord Steward acquainted the House, "That
the Lords with White Staves had (according to Order)
presented to His Majesty the Address of Monday last,
for a State of the British Islands in America; and the
Opinion of the Board of Trade, what may be further
necessary for the Encouragement of their Trade, and
Security of those Islands; and that His Majesty was
pleased to say, "He will give Orders accordingly."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
quartum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 4o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Bangor.
Epus. Landav.
Epus. Menev.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Cobham.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Byron.
Ds. Weston.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
2. Ds. Malton.
1. Ds. King.
Ds. Hardwicke. |
PRAYERS.
Trotter against E. Marchmont, &c.
The joint and several Answers of Alexander Earl of
Marchmont and Andrew Hogg, to the Appeal of Henry
Trotter of Mortounhall Esquire, was brought in.
Account of Ordnance Stores, &c. sent to The W. I. Islands.
The Duke of Greenwich presented to the House (pursuant to their Lordships Address to His Majesty of the
26th of March last),
"An Account of Men and Stores sent by the Office
of Ordnance from Great Britain, to the several Plantations in The West Indies, since the Year 1720."
And the Title of the said Account was read.
Message from H. C. to return the Bill for cutting Hedges near Highways.
A Message was brought from the House of Commons,
by Mr. Gibbon and others:
To return the Bill, intituled, "An Act to explain and
make more effectual the Laws in being, to oblige
the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways;" and to acquaint this
House, that they have agreed to their Lordships Amendments made thereto.
and Buckley's Bill.
A Message was brought from the House of Commons,
by Mr Plumtree and others:
To return the Bill, intituled, "An Act for granting
to Samuel Buckley, Citizen and Stationer of London,
the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements,
during the Time therein limited;" and to acquaint
this House, that they have agreed to their Lordships
Amendments made thereto.
Importation of Foreign Hops, to prevent, Bill.
A Message was brought from the House of Commons,
by Mr. Pelham and others:
With a Bill, intituled, "An Act for the more effectual preventing the clandestine Importation of Foreign
Hops into Great Britain and Ireland; and to prevent
the adulterating and sophisticating of Hops, to alter
the Colour or Scent thereof;" to which they desire
the Concurrence of this House.
Owners of Ships, how far answerable, Bill.
A Message was brought from the House of Commons,
by Sir John Barnard and others:
With a Bill, intituled, "An Act to settle how far
Owners of Ships shall be answerable for the Acts of
the Masters or Mariners;" to which they desire the
Concurrence of this House.
Bablack Church in Coventry, Bill.
A Message was brought from the House of Commons,
by Sir Adolphus Oughton and others:
With a Bill, intituled, "An Act for making the
Church of Bablack, in the City of Coventry, a Parish
Church; and for appointing a District or Parish
thereto; and for enabling the Master and Usher of
the Free Grammar School within the said City to be
the Rector and Lecturer of the said Parish Church;"
to which they desire the Concurrence of this House.
The said Bills were severally read the First Time.
His Majesty's Consent signified.
The Duke of Newcastle signified to the House, " (fn. 3) That
His Majesty gave his Consent to the last mentioned
Bill, so far as the Interest of the Crown is concerned."
Griell against Gansell.
Ordered, That the Cause wherein Susanna Griel
Spinster is Appellant, and David Gansell Esquire Respondent, which stands for an Hearing this Day, be put
off to Monday next.
Jackson against Francia.
A Petition of Moses Francia, Respondent to the Appeal of Cuthbert Jackson, was presented, and read;
praying, "That, notwithstanding the Order for limiting
the Number of Appeals to be heard this Session, this
Cause may be heard on Tuesday next, pursuant to a
former Order of this House."
And thereupon the Agents on both Sides being called
in, and heard; and withdrawn:
Hearing appointed.
It is Ordered, That the said Cause shall be heard,
by Counsel, at the Bar, on Tuesday next, as desired.
Charitable Corporation, Application Lottery Money, Bill.
Whereas this Day was appointed, for the House to be
in a Committee upon the Bill, intituled, "An Act for
the Application and Disposal of the Residue of the
Money raised by Way of Lottery, on the Credit of
an Act made in the last Session of Parliament, for
the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to
the Descriptions therein mentioned:"
It is Ordered, That this House shall be put into
a Committee thereupon, To-morrow; and that the Commissioners, appointed to examine, state, and report, who
of the Sufferers in the Charitable Corporation are
Objects of Compassion, do then attend.
Paschall to amend her Appeal.
Upon reading the Petition of Elizabeth Paschall;
praying, "That she may be at Liberty to amend her
Appeal, and charge Mark Thurston Esquire as Administrator de Bonis non to John Herbert Doctor in
Divinity, deceased; and that the said Mark Thurston
be required to put in his Answer to the said Appeal:"
It is Ordered, That the Petitioner be at Liberty to
amend her said Appeal, as desired; and that the said
Mark Thurston do put in his Answer thereunto, in a
Fortnight.
Hampstead, &c. Road, Bill.
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for
continuing, explaining, and making more effectual,
Two Acts of Parliament, One of the Third, and the
other of the Eighth, Year of the Reign of His late
Majesty King George the First, for repairing the
Highways from the several Places in the said Acts
mentioned, to Highgate Gatehouse and Hampstead, in
the County of Middlesex; and for amending the
Roads from the South End of the said Town of
Hampstead, to the further End of Burrough Lane,
in the Parish of Hendon; and for repairing other
Roads therein mentioned, lying in the Parish of Islington, in the said County," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof; and 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 Veneris,
quintum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Veneris, 5o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Athol.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Coventry.
Comes Poulett.
Comes Morton.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Falmouth. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Henton.
Ds. Cornwallis.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Cadogan.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Edwards's Petition against Bablack Church Bill.
A Petition of Thomas Edwards Clerk, was presented,
and read; praying to be heard, by his Counsel, against
the Bill for making the Church of Bablack, in the City
of Coventry, a Parish Church; and other Purposes.
Ordered, That the said Petition do lie on the
Table till the said Bill be read a Second Time.
Hampstead, &c. Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
continuing, explaining, and making more effectual,
Two Acts of Parliament, One of the Third, and the
other of the Eighth, Year of the Reign of His late
Majesty King George the First, for repairing the Highways from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampstead, in the
County of Middlesex; and for amending the Roads
from the South End of the said Town of Hampstead,
to the further End of Burrough Lane, in the Parish
of Hendon; and for repairing other Roads therein
mentioned, lying in the Parish of Islington, in the
said County."
An Amendment was made thereto, at the Table;
(videlicet,)
"Press 11. Line 34. After ["same"], insert ["for
Want of Form only"].
Then the Question was put, "Whether this Bill,
with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H C. with an Amendment to it.
A Message was sent to the House of Commons, by
Mr. Allen and Mr. Spicer:
To acquaint them, that the Lords have agreed to
the said Bill, with One Amendment, whereunto their
Lordships desire their Concurrence.
Order in relation to the hearing of Appeals, a Standing Order.
The Earl of Strafford reported from the Lords Committees appointed to consider of the Standing Orders in
relation to the Hearing of Appeals, "That the Committee have met, and considered the Matter to them
referred; and have prepared the following Order;
(videlicet,)
"Ordered, That all such Appeals as have been
presented, for hearing whereof Days have been appointed during this Session, which shall not be determined in this Session; and all such Appeals as shall be
presented, for hearing whereof Days shall be appointed in any subsequent Session, which shall not be
determined in the same Session; shall be heard and
determined in the Beginning of the next Session of
Parliament, in the same Order and Course as they
shall stand to be heard at the End of this or any
other Session, without any new Application to this
House to appoint a Day for hearing the same; and
that such of the said Appeals as shall stand first to be
heard, at the End of this or any other Session, shall
stand to be heard upon the First Monday after the
First Day of the next Session or Meeting of Parliament; the Second upon the Wednesday, the Third
upon the Friday following; and from thence the rest
in Course, upon every Monday, Wednesday, and Friday
until they shall be all heard and determined."
"And the Committee have likewise, in Consequence
of the said Order by them prepared, thought it necessary to make the following Amendments to the Standing Order, No 107."
"Lines 2 and 3. Leave out these Words ["which
shall not be determined"]; and instead thereof, insert ["for hearing whereof no Day hath been, or
shall be, appointed."]
"Line 5. Leave out ["not determined"]; and insert ["for hearing whereof no Day shall be appointed."]."
Which Report, being read Twice by the Clerk, was
agreed to by the House.
Ordered, That the foregoing Order be declared
to be a Standing Order of this House; and that it be
entered on the Roll of Standing Orders, and affixed on
the Doors of this House and Westminster Hall, and
printed and published, to the End all Persons that shall
be therein concerned may the better take Notice of
the same.
Message from H. C. to return Lord Craven's Bill
A Message was brought from the House of Commons,
by Mr. Packer and others:
To return the Bill, intituled, "An Act for discharging
a certain Piece of Ground, called The Pesthouse Field,
from certain Charitable Trusts; and for settling another
Piece of Ground, of equal Extent, and in a more con
venient Place, upon the same Trusts;" and to acquaint this House, that they have agreed to the same,
with some Amendments, whereunto they desire their
Lordships Concurrence.
The said Amendments, being read, were agreed to.
And a Message was sent to the House of Commons,
by the former Messengers, to acquaint them therewith.
Jevers against Jevers:
The House being informed, "That a Person attended,
in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Henry Jevers Esquire
is Appellant, and Margaret Jevers and others are
Respondents:"
Pleadings proved.
He was called in; and delivered, at the Bar, the said
Pleadings and Proceedings; and attested upon Oath,
"The same were true Copies, he having examined them
with the Originals in the proper Office in Ireland."
And then he was directed to withdraw.
Hepburne Rickart against E. Hoptoun:
After hearing Counsel, upon the Petition and Appeal
of James Hepburne Rickart of Keith Esquire; complaining of an Interlocutory Sentence, or Decree, of the
Lords of Session in Scotland, of the 15th of February
1731/32, made on the Behalf of Charles Earl of Hoptoun;
and also of another Interlocutor of the same Lords, of
the 17th of the same Month, adhering to their former
Interlocutor; and praying, "That the same may be
reversed:" As also upon the Answer of the said Earlput in to the said Appeal; and due Consideration had
of what was offered on either Side in this Cause:
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 said Interlocutory Sentences or
Decrees therein complained of be, and are hereby,
affirmed.
Bablack Church, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for
making the Church of Bablack, in the City of Coventry, a Parish Church; and for appointing a District
or Parish thereto; and for enabling the Master and
Usher of the Free Grammar School within the said
City to be the Rector and Lecturer of the said Parish
Church."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
D. Kent.
D. Newcastle.
D. Chandos.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Bristol.
E. Macclesfield.
E. Fitzwalter.
Viscount Say & Seale.
Viscount Falmouth. |
L. Bp. London.
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Landaff.
L. Bp. Bristol. |
L. Abergavenny.
L. Delawarr.
L. Cornwallis.
L. Hervey.
L. Montjoy.
L. Foley.
L. Cadogan.
L. Lovell.
L. Hardwicke. |
Their Lordships, or any Five of them; to meet
on Tuesday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House
of Peers; and to adjourn as they please.
Counsel to be heard for Edwards.
Ordered, That the Petition of Thomas Edwards
Clerk, ordered to lie on the Table till the Second
Reading of the said Bill, be referred to the said Committee; and that the Petitioner may be heard, by Counsel, in relation to the said Bill, as desired; and that
Counsel may be heard for the Bill, at the same Time.
Importation of Foreign Hops, to prevent, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland;
and to prevent the adulterating or sophisticating of
Hops, to alter the Colour or Scent thereof."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next.
Bankrupts Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
explaining an Act passed in the Fifth Year of the
Reign of His present Majesty, intituled, "An Act to
prevent the committing of Frauds by Bankrupts,"
so far as the same relates to the signing of Certificates by the Creditors of Bankrupts."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Wednesday next.
Representation of the Board of Trade, Report of Committee concerning.
The Lord Lovell reported from the Lords Committees
appointed to consider the Representation of the Commissioners for Trade and Plantations, laid before this
House the 23d of January last, relating to the Laws
made, Manufactures set up, and Trade carried on, in
any of His Majesty's Colonies and Plantations in America,
which may have affected the Trade, Navigation, and
Manufactures, of this Kingdom, "That the Committee
have met, and considered the Matter to them referred; and have come to the following Resolutions;
(videlicet,)
"1. That it is the Opinion of this Committee, That
each Colony, whether under the Crown or otherwise,
be obliged to send over a complete Collection of all
the Laws understood to be in Force there, to the
Board of Trade; and that the Crown be empowered
to repeal any Law, passed under any of the said Governments at any Time whatsoever, which hath not
actually received the Royal Approbation in Council,
if such Law be found detrimental to the Prerogative,
or to the Trade, or Navigation, or Interest, of Great
Britain; any Privilege, or Limitation by Charter or
otherwise, for the Time or Manner of repealing such
Laws, notwithstanding.
"2. That it is the Opinion of this Committee, That all
Laws made in the Plantations, as well in those under
Proprietary or Charter Governments, as in those
where the Government is immediately vested in the
Crown, be, for the future, transmitted Home, for
His Majesty's Consideration, within the Space of
Twelve Months from and immediately after the
passing of such Laws respectively; and therefore, that
no Law passed in any of the British Colonies be
for the future in Force, or be allowed to have any
Effect, until the same shall have received His Majesty's Approbation in Council, any Usage, Custom,
Charter, Privilege, or Law, to the contrary, notwithstanding; excepting such Laws only as, through
any Emergency, may become necessary in the respective Colonies, for the immediate Defence of the
Kingdom; wherein no Matters of a distinct or different Nature shall be inserted, but such Clauses only
as are usual and applicable to the said Emergency.
"3. That it is the Opinion of this Committee, That
the Governors of Connecticut and Rhode Island, before
they enter upon the Discharge of their respective
Offices as Governors, should take the usual Oaths
of Allegiance and Fidelity taken by other Governors;
and should enter into such Securities to His Majesty,
for the due Observance of the Laws of Trade and
Navigation, and to the like Value, as other Governors
of His Majesty's Plantations; which Oaths and Securities shall be taken in the Presence of such of His
Majesty's Governors as His Majesty, from Time to
Time, shall appoint.
"4. That it is the Opinion of this Committee, That
an humble Address be presented to His Majesty, That
He will be graciously pleased to give Directions, that
the Commissioners for Trade and Plantations do,
during the Recess of Parliament, revise and consider
the several Proposals that may at any Time have been
laid before them, relating to such Encouragements
as may be necessary to engage the Inhabitants of the
British Colonies on the Continent in America to
apply their Industry to the Cultivation of Naval
Stores of all Kinds and likewise of such other
Products as may be proper for the Soil of the said
Colonies, and do not interfere with the Trade or Produce of Great Britain; and do lay their Observations
thereon before this House, at their Meeting the next
Session of Parliament."
Which said Resolutions, being read Twice by the
Clerk, were agreed to by the House.
Ordered, That the Judges do prepare, and bring in,
Heads of a Bill, upon the First Three Resolutions, at the
Beginning of the next Session of Parliament; and that
an humble Address be presented to His Majesty, pursuant to the other Resolution; and that the same be presented by the Lords with White Staves.
Owners of Ships, how far answerable, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
settle how far Owners of Ships shall be answerable
for the Acts of the Masters or Mariners."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that
the same be printed.
Message from H. C. with a Bill.
A Message was brought from the House of Commons,
by Sir Charles Turner and others:
With a Bill, intituled, "An Act for enabling His
Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for
the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament;" to which
they desire the Concurrence of this House.
Report on Ld. Duffus's Petition, that he has no Right, to that Title.
The Lord Delawarr reported from the Lords Com
mittees for Privileges, to whom was referred the Petition of Erick Lord Duffus to His Majesty, and by His
Majesty referred to this House; praying, "That He
would be graciously pleased to give such Directions
as He should think proper, for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Lord Duffus:" "That the Committee have taken the said Petition into Consideration;
and heard Counsel, as well on Behalf of the Crown,
as the Petitioner; and also heard the Judges who
attended the Committee, touching some Points of Law
to them proposed; and are of Opinion, That the Petitioner has not a Right to the Honour, Title, and
Dignity, of Lord Duffus."
Which Report, being read by the Clerk, was agreed
to by the House.
Ordered, That the same be laid before His Majesty
by the Lords with White Staves.
Charitable Corporation, Application Lottery Money, Bill.
The Order of the Day being read, for the House to
be put into a Committee upon the Bill, intituled, "An
Act for the Application and Disposal of the Residue
of the Money raised by Way of Lottery, on the
Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion,
according to the Descriptions therein mentioned."
William Newland, John Harrison, Richard Loving, and
David Avery, were called in, and sworn, in order to
be examined before the said Committee.
Then 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 Earl of Warwick 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."
Rathborne, to amend his Appeal.
Upon reading the Petition of John Rathborne Merchant; praying Liberty to amend his Appeal, to which
John Byrne and others are Respondents, in such Manner
as he shall be advised; the Petitioner amending the Respondents Copy:
It is Ordered, That the Petitioner be at Liberty to
amend his Appeal, as desired, he amending the Respondents Copy; and that the Respondents do put in
their Answer thereunto, in Writing, in Five Weeks.
Sinking Fund, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to
enable His Majesty to apply the Sum of One Million
Two Hundred Thousand Pounds, out of the Sinking
Fund, for the Service of the Year One Thousand
Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament."
Ordered, That the said Bill be read a Second Time
on Tuesday next; and the Lords to be summoned.
Elections in Scotland, regulating, Bill.
A Message was brought from the House of Commons,
by Sir Robert Monroe and others:
With a Bill, intituled, "An Act for the better regulating the Election of Members to serve in the House
of Commons, for that Part of Great Britain called
Scotland; and for incapacitating the Judges of the
Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote,
as Members of the House of Commons;" to which
they desire the Concurrence of this House.
Proposed, "To read the said Bill the First Time."
The same was objected to.
And it being moved, "To adjourn:"
The Question was put, "Whether the House shall
be now adjourned?"
It was Resolved in the Negative.
Then the said Bill was read the First Time.
Proposed, "To read the Bill a Second Time on
Monday next."
Which being objected to;
And Debate thereupon:
The Question was put, upon the said Proposition.
And it was Resolved in the Negative.
Ordered, That the said Bill be read a Second Time
on Wednesday next; and that it be in the mean Time
printed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, octavum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Lunæ, 8o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Sarum.
Epus. Hereford.
Epus. Cicestri.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Norwic.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Marlborough.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Albemarle.
Comes Caventry.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham. |
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. King.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
King's Answer to the Address in relation to the Plantations.
The Lord Great Chamberlain acquainted the House,
"That the Lords with White Staves had (according to
Order) presented to His Majesty the Address of
Friday last, in relation to the Produce of the Plantations; and that His Majesty was pleased to say, He
will give Directions to the Commissioners for Trade
and Plantations accordingly."
Charitable Corporation, Application Lottery Money, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
the Application and Disposal of the Residue of the
Money raised by Way of Lottery on the Credit of
an Act made in the last Session of Parliament, for the
Relief of such Sufferers in the Charitable Corpo
ration as are Objects of Compassion, according to the
Descriptions 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. Burroughs and Mr. Edwards:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Notice to be given of Lord Halyrudhous's Petition.
Whereas, on the 20th of March last, a Petition of
Henry Lord Halyrudhous, which had been presented to
His Majesty, and by Him referred to this House; praying, "That His Majesty would give Directions for declaring and establishing the Petitioner's Right to the
Honour and Dignity of Lord Halyrudhous," was, by
their Lordships, referred to the Lords Committees for
Privileges; which Committee now stands adjourned to
Wednesday next, in order to take the said Petition into
Consideration:
It is this Day Ordered, That Notice of this Matter
be given to His Majesty's Attorney General and His
Majesty's Advocate for Scotland.
Graham to enter into Recognizance for Skerret.
The House being moved, "That William Graham
Gentleman may be permitted to enter into a Recognizance for Humphry Skerret Gentleman, on account of his Appeal depending in this House; he
residing in Ireland:"
It is Ordered, That the said William Graham may
enter into a Recognizance for the said Appellant, as
desired.
Griell against Gansell.
Counsel (according to Order) were called in, to be
heard, upon the Petition and Appeal of Susanna Griel
Spinster, to which David Gansell Esquire is Respondent.
And Counsel having been heard for the Appellant,
and divers Proofs on her Part read;
As also One Counsel for the Respondent:
And withdrawn:
It is Ordered, That the further Hearing of this
Cause be adjourned till To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
nonum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Martis, 9o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
2. Epus. Landav.
1. Epus. Bangor.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Lymington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Message from H. C. with a Bill; and to return the following ones:
A Message was brought from the House of Commons,
by Mr. Sandys and others:
With a Bill, intituled, "An Act for the more effectual preventing the forging Acceptance of Bills of
Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders
for Payment of Money or Delivery of Goods;" to
which they desire the Concurrence of this House.
Cleybrooke Common Fields, Bill;
A Message was brought from the House of Commons,
by Sir George Beaumont and others:
To return the Bill, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common
Fields of Great Cleybrooke and Little Cleybrooke, in
the County of Leicester;" and to acquaint this House,
that they have agreed to the same, without any Amendment.
and Hampstead, &c. Road, Bill.
A Message was brought from the House of Commons,
by Sir Francis Child and others:
To return the Bill, intituled, "An Act for continuing,
explaining, and making more effectual, Two Acts of
Parliament, One of the Third, and the other of the
Eighth, Year of the Reign of His late Majesty King
George the First, for repairing the Highways from
the several Places in the said Acts mentioned, to
Highgate Gatehouse and Hampsted, in the County of
Middlesex; and for amending the Roads from the
South End of the said Town of Hampsted, to the
further End of Burrough Lane, in the Parish of
Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said
County;" and to acquaint this House, that they have
agreed to their Lordships Amendment made to the said
Bill.
Messages from H. C. with a Bill; and to return Horner & Ux. Bill, for Sale of Hopsford Manor.
A Message was brought from the House of Commons,
by Mr. Allanson and others:
With a Bill, intituled, "An Act for the more easy
Redemption and Foreclosure of Mortgages;" to
which they desire the Concurrence of this House.
A Message was brought from the House of Commons,
by Sir Charles Mordaunt and others:
To return the Bill, intituled, "An Act for Sale of
the Manor of Hopsford, in the County of Warwick,
for raising Money, towards discharging the Debts and
Incumbrances of Elizabeth late Dutchess of Hamilton
and Brandon, deceased; and to acquaint this House,
that they have agreed to the same, without any Amendment.
Griell against Gansell:
After hearing Counsel, as well Yesterday as this Day,
upon the Petition and Appeal of Susanna Griel Spinster;
complaining of a Decree of the Court of Chancery, of
the 3d of November 1732, made in a Cause wherein the
Appellant was Plaintiff, and David Gansell Esquire Defendant; and praying, "That the same may be varied
in the Particulars complained of; and that the said
David Gansell may be directed to re-transfer £. 2225.
Orphan Stock, £. 2000. Bank Stock, £. 1000. South
Sea Annuities, and £. 940. South Sea Stock, to the
Appellant, and accompt for the Dividends thereof,
deducting what the Appellant has received, pursuant
to the Order of the said Court, the 28th of November 1730, on the Appellant's delivering up the Bond
given her by the Respondent for the Payment of an
Annuity to her for Life:" As also upon the Answer
of the said David Gansell put in to the said Appeal;
and due Consideration and Debate had of what was
offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Decree complained of in the said Appeal be, and is
hereby, reversed: And it is further Ordered, That
the Court of Chancery do direct an Issue at Law to be
tried in the Court of King's Bench, "Whether the Assignment of the said Orphan Stock, and Transfer of the
said Bank Stock, South Sea Annuities, and South Sea
Stock, made by the Appellant to the Respondent on
the 25th of August 1730, was so made upon any Trust
for the Benefit of the Appellant, and what;" and that
the said Court do give all necessary Directions for the
Settling and Trial of the said Issue; and, after such Trial
shall be had, either of the said Parties is at Liberty
to resort back to this House, for further Directions:
And it is further Ordered, That the Injunction, granted
by the said Order of the 28th of November 1730, be
revived and continued in the mean Time; and that the
Respondent do pay the Arrears and growing Payments
of the said Annuity to the Appellant, and be at Liberty
to receive the Dividends due, and to grow due, in the
mean Time, without Prejudice to either Party.
The Orders of the Day being read:
Sinking Fund Bill.
Ordered, That the Second Reading of the Bill,
intituled, "An Act for enabling His Majesty to apply
the Sum of One Million Two Hundred Thousand
Pounds, out of the Sinking Fund, for the Service of
the Year One Thousand Seven Hundred and Thirtyfour; and for appropriating the Supplies granted in
this Session of Parliament," be adjourned to Thursday
next.
Importation of Foreign Hops, to prevent, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the
clandestine Importation of Foreign Hops into Great
Britain and Ireland; and to prevent the adulterating
or sophisticating of Hops, to alter the Colour or
Scent thereof."
And, after some Time spent therein, the House was
resumed.
And the Lord Cadogan 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."
Owners of Ships, how for answerable, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act to settle how far Owners of Ships
shall be answerable for the Acts of the Masters or
Mariners."
And, after some Time spent therein, the House was
resumed.
And the Lord Cadogan reported from the said Committee, "That they had gone through the Bill, and
made One Amendment thereunto; which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Jackson against Francia.
Ordered, That the Cause wherein Cuthbert Jackson
is Appellant, and Moses Francia Respondent, which is
appointed to be heard this Day, be put off till Tomorrow; and that the Counsel be called in at Twelve
a Clock.
Berkley & al. against Fox, &c.
Upon reading the Petition and Appeal of the Honourable Henry Berkley Esquire, Jane Chaplyn Widow,
Robert Lackford, Mary Bardwell, James Balls, Thomas
Buttrice, Francis Proctor, and William Rix; complaining
of a Decree and Order of Dismission of the Court of
Exchequer, of the 16th of April last, made in a Cause
wherein John Fox Clerk was Plaintiff, and Mary Bardwell and others were Defendants: As also in a Cross
Cause, wherein the said Appellants were Plaintiffs, and
the said John Fox and the Dean and Chapter of Norwich
Defendants; and praying, "That the said Decree and
Order may be reversed; and that such Order and
Decree may be made in the Premises as to this House
shall seem meet; and that the said John Fox and the
Dean and Chapter of Norwich may put in their
Answers hereunto; and appear, with the antient
Grants, Charters, and Leases, as they have admitted
to be in their Custody, at the hearing the said
Cause:"
It is Ordered, That the said John Fox and the
Dean and Chapter of Norwich may have a Copy of the
said Appeal; and they are hereby required to put in
their Answer thereunto, in Writing, on or before Tuesday
the 23d Day of this Instant April.
Allam to enter into Recognizance for the Appellants.
The House being moved, "That Edward Allam,
Agent for the Appellants, may be permitted to enter
into a Recognizance for them, on account of their
Appeal; they residing in Norwich:"
It is Ordered, That the said Edward Allam may
enter into a Recognizance for the Appellants, as desired.
Clark against Digby & Ux.
Upon reading the Petition and Appeal of Augustine
Clark, of the City of Dublin, Merchant; complaining of
an Order of the Court of Exchequer in Ireland, of the
23d of February last, made in a Cause then depending,
wherein Richard Digby Gentleman and Anne his Wife
were Plaintiffs, and the Appellant and others Defendants; and praying, "That the same may be reversed or rectified; and that this House will make
such further Order for the Appellant's Relief, as to
their Lordships shall seem meet:"
It is Ordered, That the said Richard Digby and his
Wife may have a Copy of the said Appeal; and they
are hereby required to put in their Answer thereunto,
in Writing, on or before Tuesday the 7th Day of May
next; and that Service of this Order upon their respective Attornies in the said Court of Exchequer in Ireland
be deemed good Service.
Rowley against McLorinan:
The House being informed, "That a Person attended,
in order to deliver several Pleadings and Proceedings,
in the Cause wherein William Rowley and his Wife
are Appellants, and Hugh McLorinan and others
Respondents:"
Pleadings proved.
He was called in; and delivered, at the Bar, the said
Pleadings and Proceedings; and attested upon Oath,
The same were true Copies, he having examined
them with the Originals in the proper Offices in
Ireland."
And then he was directed to withdraw.
Importation of Cochineal, &c. Bill.
Ordered, That the House be now put into a Committee upon the Bill, intituled, "An Act for the Revival of an Act, made in the Thirteenth Year of the
Reign of His late Majesty King George the First,
intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also
for the free Importation of Indigo."
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 Earl of Pomfret 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."
Redemption of Mortgages, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
the more easy Redemption and Foreclosure of Mortgages."
Ordered, That the said Bill be printed.
Against forging Acceptance of Bills of Exchange, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for
the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or
Principal Sums of accomptable Receipts for Notes,
Bills, or other Securities for Payment of Money, or
Warrants or Orders for Payment of Money or Delivery of Goods."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum diem instantis Aprilis, hora undeoima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 10o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanct.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Maynard.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Committee to meet on Lord Halyrudhous's Pet.
Ordered, That the Lords Committees for Privileges, to whom is referred a Petition of Henry Lord
Halyrudhous to His Majesty, do meet, in order to take
the same into Consideration, on Monday next.
Importation of Foreign Hops, to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and
Ireland; and to prevent the adulterating or sophisticating of Hops, to alter the Colour or Scent thereof."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Bablack Church, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for making the Church of Bablack, in the City of
Coventry, a Parish Church; and for appointing a District or Parish thereto; and for enabling the Master
and Usher of the Free Grammar School within the
said City to be the Rector and Lecturer of the said
Parish Church."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Cochineal, Importation, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for the Revival of an Act made in the Thirteenth
Year of the Reign of His late Majesty King George
the First, intituled, An Act for the free Importation
of Cochineal, during the Time therein limited; and
also for the free Importation of Indico."
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 preceding Bills.
And Messages were severally ordered to be sent to
the House of Commons, by Mr. Burroughs and Mr.
Edwards:
To acquaint them, that the Lords have agreed to the
said Three Bills, without any Amendment.
Jackson against Francia:
After hearing Counsel, upon the Petition and Appeal
of Cuthbert Jackson, Executor of Francis Francia, deceased, who was Son and surviving Executor of Domingo Francia, deceased; complaining of so much of an
Order made by the Court of Chancery, the 16th of
October 1731, as relates to the Matter of the Appellant's First Exception taken to the Master's Report;
and praying, "That the same may be reversed; and
that the said First Exception may be allowed; and
such Order made for the Appellant's Relief, as the
Nature of his Case requires:" As also upon the Answer of Moses Francia, surviving Executor of Peter
Francia, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side
in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so
much of the said Order of the Court of Chancery as is
complained of in the said Appeal be, and is hereby,
reversed; and that the Appellant's First Exception to
the Master's Report be allowed; and that the said Court
do give Directions for varying the Accompt accordingly: And (pursuant to the Offer made by the Appellant
in the said Appeal) it is further Ordered, That he
shall indemnify the Partnership Estate against any Demand which may or can be made by Edward Allen, in
the Appeal mentioned, or his Representatives.
Militia Bill.
A Message was brought from the House of Commons, by Mr. Attorney General and others:
With a Bill, intituled, "An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not repaid; and for making the Militia within the same
more useful;" to which they desire the Concurrence
of this House.
Assaults with Intent to commit Robbery, Bill.
A Message was brought from the House of Commons, by Mr. Allanson and others:
With a Bill, intituled, "An Act for the more effectual Punishment of Assaults with Intent to commit
Robbery;" to which they desire the Concurrence of
this House.
The said Bills were severally read the First Time.
Wardlaw's Pet. to bring on Hoggan's Appeal:
A Petition of William Wardlaw and others, Respondents to the Appeal of John Hoggan and others, was
presented, and read; praying, "That the Appellants
may be ordered to amend their Appeal, by adding
Two Interlocutors of the Lords of Session in Scotland; and to appoint a short Day for the Hearing of
the said Appeal; or that the Petitioners may be at
Liberty to act as Magistrates for the Borough of
Kinghorne till next Michaelmas, pursuant to the said
Two Interlocutors against which the Appellants
have not appealed."
Whereupon the House was informed, "That the said
Appeal was presented on the 8th of February last,
and the Answer not put in till the 30th of March."
Rejected.
Ordered, That the said Petition be rejected.
Bankrupts Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for explaining an Act passed in the
Fifth Year of the Reign of His present Majesty, intituled, "An Act to prevent the committing of Frauds
by Bankrupts," so far as the same relates to the signing of Certificates by the Creditors of Bankrupts."
And, after some Time spent therein, the House was
resumed.
Elections in Scotland, to regulate, Bill.
The Order of the Day being read, for the Second
Reading of the Bill, intituled, "An Act for the better
regulating the Elections of Members to serve in the
House of Commons, for that Part of Great Britain
called Scotland; and for incapacitating the Judges of
the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote,
as Members of the House of Commons:"
It was proposed, "To put off the Second Reading
to another Day."
Which being objected to;
And Debate thereupon:
The Question was put, "Whether the said Bill
shall be now read a Second Time?"
It was Resolved in the Affirmative.
The said Bill was accordingly read a Second Time.
After Debate;
The Question was put, "Whether the said Bill
shall be committed?"
It was Resolved in the Affirmative.
Then it being moved, "That the House be put into
a Committee upon the said Bill, on Saturday next:"
The same was objected to.
And the Question being put thereupon:
It was Resolved in the Negative.
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Owners of Ships, how far answerable, Bill.
The Lord Cadogan (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act to settle how far Owners of
Ships shall be answerable for the Acts of the Masters
or Mariners," was committed, the Amendment made
by the Committee to the said Bill.
Which, being read Twice by the Clerk, was agreed
to by the House.
Rathborne against Byrne:
The House being informed, "That a Person attended, in order to deliver in several Papers, Pleadings,
and Proceedings, in the Cause wherein John Rathborne
Merchant is Appellant, and John Byrne and others
are Respondents:
Clark against Digby & Ux.
As also, in the Cause wherein Augustine Clark is
Appellant, and Richard Digby and his Wife are
Respondents:"
Pleadings proved.
He was called in; and delivered, at the Bar, the
said Pleadings and Proceedings; and attested upon
Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices
in Ireland."
And then he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Jovis, 11o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halyfax.
Comes Harbrough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Henton.
Ds. Byron.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Owners of Ships, how sat answerable, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to settle how far Owners of Ships shall be answerable
for the Acts of the Masters or Mariners."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by
Mr. Burroughs and Mr. Edwards:
To acquaint them, that the Lords have agreed to the
same, with One Amendment; whereunto their Lordships desire their Concurrence.
Against forging Acceptance of Bills of Exchange, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or
Principal Sums of accomptable Receipts for Notes,
Bills, or other Securities for Payment of Money, or
Warrants or Orders for Payment of Money or Delivery of Goods."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Assaults with Intent to rob, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the more effectual Punishment of Assaults with
Intent to commit Robbery."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Messages from H. C. with a Bill; and to return the M. of Annandale's Bill.
A Message was brought from the House of Commons,
by Sir Charles Turner and others:
With a Bill, intituled, "An Act to enable His Majesty to continue and settle an Annuity of Five Thousand Pounds on the Princess Royal, during the Term
of her natural Life, in case she shall survive His Majesty;" to which they desire the Concurrence of this
House.
A Message was brought from the House of Commons, by the Lord Glenorchy and others:
To return the Bill, intituled, "An Act to enable
the Trustees and Executors of the last Will and
Testament of John Vanden Bempde Esquire, deceased,
to lay cut Part of the said Testator's Trust Estate in
the Purchase of Securities affecting the Marquis of
Annandale's Estate in Scotland, and carrying Interest
after the Rate of Five Pounds per Centum per Annum,
to be assigned to the said Trustees, to and for the same
Uses and Trusts as by the said Will are declared of
and concerning the said Trust Estate;" and to acquaint this House, that they have agreed to the same,
with some Amendments, whereunto they desire their
Lordships Concurrence.
Princess Royal's Bill, read Three Times, and passed:
Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, "An
Act to enable His Majesty to continue and settle an
Annuity of Five Thousand Pounds on the Princess
Royal, during the Term of her natural Life, in case
she shall survive His Majesty."
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.
Marq. of Annandale's Bill.
The House proceeded to take into Consideration the
Amendments made by the Commons to the Bill returned
from that House this Day, relating to the Marquis of
Annandale.
And the same, being read, were agreed to.
And a Message was sent to the House of Commons,
by the former Messengers, to acquaint them therewith.
Ascertaining Duttes on Arrack, &c. Bill.
A Message was brought from the House of Commons, by Mr. Drummond and others:
With a Bill, intituled, "An Act for ascertaining the
Duties on Arrack; and for giving further Time to
Clerks and Apprentices to pay Duties omitted to be
paid for their Indentures and Contracts;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Owners of Ships Bill.
A Message was brought from the House of Commons, by Sir John Barnard and others:
To return the Bill, intituled, "An Act to settle how
far Owners of Ships shall be answerable for the Acts
of the Masters or Mariners;" and to acquaint this
House, that they have agreed to their Lordships Amendments made thereto.
Redemption of Mortgages, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the more easy Redemption and Foreclosure of
Mortgages."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Sinking Fund, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act
for enabling His Majesty to apply the Sum of One
Million Two Hundred Thousand Pounds, out of the
Sinking Fund, for the Service of the Year One
Thousand Seven Hundred and Thirty-four; and for
appropriating the Supplies granted in this Session of
Parliament."
Proposed, "To commit the Bill."
Which being objected to;
And long Debate thereupon:
The Question was put, "Whether this Bill shall be
committed?"
It was Resolved in the Affirmative.
Protest against committing it.
"Dissentient.
"1st, Because the taking away in this Manner the
whole Produce of the Sinking Fund has a Tendency, as we apprehend, to the Destruction of Parliamentary Credit and National Faith; and is more dangerous in its Consequences, as it is founded upon a
Doctrine newly laid down, "That the Proprietors of
all the Debts subscribed to the South Sea Company
have no Right to their Principal Money, but only to
an Annuity of Four per Centum:" And if this Opinion should be thought to be countenanced by Parliament, in passing this Bill; we are apprehensive that
the Effects of it may be too soon and severely felt;
especially since the said Proprietors have found by
Experience, that they have been paid off when their
Annuities, or Stocks, were above Par; and the Sinking Fund is now diverted, when, as we apprehend,
the said Stocks and Annuities are likely to fall considerably under Par.
"2dly, Because we look upon this Proceeding to be
contrary to the Contract understood to have been
made between the Public and those Creditors; who consented to the Reduction of their Interest, in Confidence
that their Principal and remaining Interest would thereby be better secured; in Pursuance of which, an Act
of Parliament was made, in the 3d Year of His late
Majesty's Reign, whereby it is Enacted, "That the
Monies to arise, from Time to Time, by certain Surpluses, Excesses, and Overplus-monies therein specified (which are commonly called the Sinking Fund),
shall be appropriated for discharging the Principal and
Interest of such National Debts and Incumbrances as
were incurred before the 25th Day of December
1716, and were declared to be National Debts, and
were provided for by Act of Parliament in such Manner and Form as should be directed or appointed by
any future Act or Acts of Parliament." And the
said Act of Parliament is confirmed by another Act,
made in the 6th Year of His late Majesty; which,
after reciting that the said Overplus-money will be
greatly increased, as it was from the 24th of June
1727, applies the said Overplus-monies as they stood
appropriated by the former Act; and likewise establishes a Contract between the Public and every individual Creditor of the Public that subscribed to the
South Sea Company, "That the said subscribing Creditors shall have a perpetual Annuity of Four per Centum, from the Year 1727, until they should be paid
off;" and then applies the Sinking Fund, so increased,
to pay such Debts as were contracted before the 25th
December 1716, and declared to be National Debts,
and provided for by Act of Parliament; which, if it
is pursued, will be the most effectual Means (as it is
the strongest Stipulation that can be made) for paying
off the National Debt: And these Appropriations in
the said Acts were manifestly made to prevent the
Application of the Sinking Fund to the current Service of the Year, or to the Payment of Debts incurred since the Year 1716; which, like the present
Navy Debt, may have lain dormant as long as they
could possibly be concealed, and been occasioned by
Ministers who may have run the Nation into larger
Expences every Year than they thought for their Interest to demand from Parliament. We apprehend
the greater Danger from this Proceeding, by considering the Steps which have been taken before it came
to this Point: At first, some Surpluses were distinguished out of the Sinking Fund, and Supplies for the
current Service of the Year raised upon them: Then
a Sum of Five Hundred Thousand Pounds, being
Surpluses of the said Fund over the Million which had
been annually paid off, was applied last Year in the
same Manner: Now the Whole is taken at once; and
we may justly suspect that the next Attempt will be
to mortgage the Sinking Fund; the Consequence of
which will inevitably be (as we conceive) a total Destruction of Parliamentary Credit, and introduce a
Necessity of taxing the Funds. The next Step is more
easy to be foreseen, than proper to be expressed.
"3dly, Because the Appropriating Clause in this
Act is, in Effect, an Unappropriation of all the Money that has been raised this Year; and puts it in the
Power of a Minister to divert any of the Supplies to
whatever Purposes he shall think fit; and this in Consequence only of an unprecedented Message from the
Crown, specifying neither the Dangers apprehended,
nor the Services proposed: Whereas Appropriating
Clauses were introduced to prevent the secret ill Use
of Public Money; and every Tendency of breaking
through them is a just Foundation for Parliamentary
Jealousy and Inquiry: And therefore we apprehend, that we cannot answer it to the Nation, if we
should acquiesce when such Innovations are attempted.
"4thly, Because this new Method of unappropriating Money raised for particular Uses frustrates and
eludes the Wisdom and Caution of Parliaments in the
original Grant of those Monies, which is always in
Consequence of Estimates laid before the other House,
and for Services specified; and this too at the Beginning of the Session, in a full House: Whereas this
unappropriating Clause comes in, not only at the End
of the Session, but at the End of the Parliament, in
a thin House, after many Gentlemen were obliged to
go to their respective Countries; and the House may
be apprehended to have consisted chiefly of such who
had either no Business in the Country, or had particular Reasons for not going there till this Clause
should be first passed and take Effect.
"5thly, Because this Clause gives Ministers such a
Latitude to embezzle or misapply the Public Money,
that we apprehend it to be of the most dangerous
Consequence; for the Accompts (if any) given afterwards of the Disposal of such Sums, though impossible to be credited, may be impossible to be disproved.
Domestic Fortunes may be raised out of Foreign Subsidies; and the Money asked for our Defence, and
granted for our Safety, may be employed for our
Destruction. The Vote of Credit in the Year 1726,
and what was built upon it, cost the Nation One Million Seven Hundred Ninety-seven Thousand Seven
Hundred and Thirty Pounds, exclusive of the great
Increase of Forces by Sea and Land that were granted by Parliament: Four Hundred and Thirty-five
Thousand Pounds were never accompted for to Parliament; and the rest was accompted for under the Articles of, Money paid to the Landgrave of Hesse, amounting to One Million Seventy-nine Thousand Seven
Hundred Pounds; to the Crown of Sweden, One Hundred and Fifty Thousand Pounds; to the Duke of
Wolfenbuttle, One Hundred Thousand Pounds; to Exchange to the Hessians, Ten Thousand Three Hundred
Thirty-five Pounds; to Exchange to Denmark, Twentytwo Thousand Six Hundred Ninety-four Pounds:
And all this Expence was incurred, to guard against
Dangers which the Administration then gave out they
apprehended from the exorbitant Power of the House
of Austria.
"6thly, Because the Money raised this Year amounts
to Three Millions Nine Hundred and Eighty Thousand Pounds: One Million is raised by that expensive
Way of mortgaging the Salt for Eight Years: The
Sinking Fund, amounting to Twelve Hundred Thousand Pounds, is taken; and every Thing done that can
carry an Appearance of easing the Land this Election Year. But this Bill not only gives the Ministers
a Power over the whole Supply raised this Year; but,
by this unprecedented Device, lays a certain Foundation of a greater Load upon the Land, which the
Nation may be reduced to pay off, with Interest, next
Year. And we cannot omit this Circumstance, that
the Money voted this Year exceeds the Supply to the
Amount of above One Hundred Thousand Pounds.
"7thly, Because we conceive this Precedent to be
the more dangerous at the End of a Parliament, and
may be followed, fatally for our Liberties, at the
Conclusion of future Parliaments; for we have little
Reason to be sure, and as little to hope, that future
Parliaments will be, like this, unbiassed, uncorrupt,
uninfluenced by the great Number of Employments
they enjoy, zealous Assertors of the Laws, Liberties,
and Constitution, of their Country. And should there
ever hereafter unfortunately be chosen a House of
Commons, consisting of a Set of Men corrupted by a
Minister, bartering the Liberties of their Country
for Places and Pensions in the most flagitious Manner,
detested and despised by those they represent; they
would probably, towards the End of their Term,
complete the Measure of their Iniquity, by lodging
such a Power in the Hands of their corresponding
Minister as would enable him to choose them again
in the succeeding Parliament, contrary to the Intentions, as well as Interests, of their true Electors; by
which Means, Corruption and Tyranny would be entailed upon this Nation, in the most dangerous Manner, by the Sanction of Parliament.
"8thly, Because blending inconsistent Matters of
this Nature, as we conceive, in a Money Bill, lays
this House under the utmost Difficulties; since the
Delays occasioned by any Alterations made in this
House to some Parts of a Money Bill may be unavoidable Obstructions to other Parts of it that require Expedition and Dispatch.
"9thly, Because the extending of this unprecedented Power to the 24th of December next is a Length
of Time beyond what was ever known (as we apprehend) in any Case, and is (in our Opinion) not only
dangerous, but unnecessary: For the chief Pretence
for the Vote was, to have Power during the Interval
of Parliament, which may be chosen and meet much
sooner, if it shall be thought convenient, after so extensive a Power is lodged in the Hands of the Ministers for so long a Term.
"Denbigh.
Craven.
Thanft.
Gower.
Strafford.
Clinton.
Marlborough.
Ker.
Litchfield.
Bathurst.
Oxford & Mortimer.
Masham.
Carteret.
Montrose.
Montjoy.
Coventry.
Northampton.
Weymouth.
Winchilsea & Nottingham.
Tweeddale.
Stair."
Moved, "That the House be put into a Committee
on the said Bill on Monday next."
The same was objected to.
And it being proposed, "That the House be now
put into a Committee thereupon:"
The Question was put, "Whether the House shall
be put into a Committee upon the said Bill, on
Monday next?"
It was Resolved in the Negative.
Ordered, That the House be now put into a Committee upon the said Bill.
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 Earl of Warwick 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 on Monday next; and the Lords to be summoned.
V. Oxfurd's Pet. Witnesses to attend.
Ordered, That David Bruce Merchant in London,
and Mathew Bell Dyer in Southwark, do attend the
Lords Committees for Privileges on Monday next, to
whom is referred the Petition to His Majesty of James
Viscount of Oxfurd; and that Notice of the Meeting
of the said Committee be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.
Militia Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for raising the Militia of that Part of Great Britain
called England, although the Month's Pay formerly
advanced be not re-paid; and for making the Militia
within the same more useful."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 15o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. London.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Richmond.
Dux Marlborough.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Thanet.
Comes Shaftesbury.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Lymington.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Montjoy.
Ds. Masham.
Ds. Cadogan.
Ds. Monson.
Ds. Malton.
Ds. Lovell. |
PRAYERS.
Duties on Arrack, &c. to ascertain, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for ascertaining the Duties upon Arrack; and for
giving further Time to Clerks and Apprentices to pay
Duties omitted to be paid for their Indentures and
Contracts."
Ordered, That the said Bill be committed to a
Committee of the whole House, presently.
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 Earl of Warwick 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."
Message from H. C. to return Boone's Bill;
A Message was brought from the House of Commons,
by Mr. Andrews and others:
To return the Bill, intituled, "An Act for vesting
certain Houses in Blechingly, in the County of Surrey,
late the Estate of George Evelyn Esquire, deceased, in
Charles Boone Esquire; and for settling another Estate,
of greater Value, on the Daughters and Coheirs of
the said George Evelyn, in Lieu of, and Exchange for,
the same;" and to acquaint this House, that they
have agreed to the said Bill, without any Amendment.
Evelyn's Bill;
A Message was brought from the House of Commons,
by Mr. Andrews and others:
To return the Bill, intituled, "An Act for vesting
Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone
Esquire, pursuant to an Agreement for that Purpose;" and to acquaint the House, that they have
agreed to the same, without any Amendment.
and Scawen's Bill.
A Message was brought from the House of Commons, by Mr. Sandys and others:
To return the Bill, intituled, "An Act to enable
Thomas Scawen Esquire and others to sell an Estate
in Ireland, settled by Sir William Scawen's Will; and
settling another Estate, purchased by the said Thomas
Scawen, in England, of greater Value, to the same
Uses;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
Assaults with Intent to rob, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for the more effectual Punishment of
Assaults with Intent to commit Robbery."
And, after some Time spent therein, the House was
resumed.
And the Earl of Warwick 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."
Redemption of Mortgages, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for the more easy Redemption and
Foreclosure of Mortgages."
And, after some Time spent therein, the House was
resumed.
And the Earl of Warwick reported from the said
Committee, "That they had gone through the Bill,
and made One Amendment thereunto; (videlicet,)
"Press 4, Line 2. After ["Hereditaments"], insert
["and upon his or their admitting the Right and
Title of the Plaintiff or Plaintiffs in such Suit"]."
Which Amendment, being read Twice by the Clerk,
was agreed to by the House.
Paschall against L Carteret & al.:
Upon reading the Petition of John Lord Carteret and
Sir Clement Cottrell Knight, Two of the Respondents
(Trustees of the Countess of Granville) to the Appeal
of Elizabeth Paschall; praying, "That the Petitioners
may be at Liberty to revive their Cause, in the Court
of Chancery, against Mark Thurston Esquire, Executor of Susanna Herbert, and Administrator of Doctor
John Herbert; and that the Master to whom the
Causes stand referred in the Court of Chancery may
so far proceed (notwithstanding the said Appeal) as
to appoint a Receiver of the Rents and Profits of the
Estate in Question, pursuant to the Decree or Order
of the said Court complained of, subject to the Order
of this House on hearing the said Appeal:"
Receiver to be appointed.
It is Ordered, That the Master do appoint a Receiver, notwithstanding the said Appeal, according to
the Prayer of the said Petition.
Election of Members in Scotland, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for the better regulating the Election of Members to serve in the House of Commons,
for that Part of Great Britain called Scotland; and
for incapacitating the Judges of the Court of Session
or Barons of the Court of Exchequer in Scotland to
be elected, or to sit or vote, as Members of the House
of Commons."
And, after some Time spent therein, the House was
resumed.
Sinking Fund, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for enabling His Majesty to apply the Sum of One
Million Two Hundred Thousand Pounds out of the
Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament."
After Debate;
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. Holford and Mr. John Bennet:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Against forging Acceptance of Bills of Exchange, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for the more effectual preventing
the forging the Acceptance of Bills of Exchange, or
the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment
of Money, or Delivery of Goods."
And, after some Time spent therein, the House was
resumed.
And the Earl of Warwick 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."
Elections in Scotland to regulate, Bill.
The House being moved, "That the Report of the
Amendments made by the Committee of the whole
House to the Bill for the better regulating the Election of Members for that Part of Great Britain called
Scotland, be now made:"
The same was objected to.
After Debate;
The Question was put, "Whether the said Report
shall be now received?"
It was Resolved in the Affirmative.
Accordingly the Earl of Warwick reported from the
said Committee, the Amendments made by their Lordships to the said Bill.
Which, being read Twice by the Clerk, were agreed
to by the House.
Militia Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for raising the Militia of that Part
of Great Britain called England, although the Month's
Pay formerly advanced be not re-paid; and for making the Militia within the same more useful."
And, after some Time spent therein, the House was
resumed.
And the Earl of Warwick 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."
Brodie against Areskine:
The House was informed, "That the Parties in the
Cause wherein Alexander Brodie Esquire is Appellant,
and David Areskine Respondent, had accommodated
the Matter in Question between them; and were willing that the Appeal of the said Alexander Brodie
might be dismissed."
Whereupon the Agents on both Sides were called in,
and heard at the Bar.
And being withdrawn:
Appeal dismissed.
It is Ordered, That the said Appeal be dismissed
accordingly.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
decimum sextum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 16o Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Epus. London.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol. |
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Cobham.
Viscount Torrington. |
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Henton.
Ds. Guilford.
Ds. Gower.
Ds. Montjoy.
Ds. Masham.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke. |
PRAYERS.
Elections in Scotland to regulate, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the better regulating the Election of Members to
serve in the House of Commons, for that Part of
Great Britain called Scotland; and for incapacitating
the Judges of the Court of Session or Barons of
the Court of Exchequer in Scotland to be elected,
or to sit or vote, as Members of the House of Commons."
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. Holford and Mr. John Bennet:
To acquaint them, that the Lords have agreed to the
said Bill, with some Amendments, whereunto their
Lordships desire their Concurrence."
Redemption of Mortgages, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the more easy Redemption and Foreclosure of Mortgages."
The Question was put, "Whether this Bill, with
the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with an Amendment to it.
A Message was sent to the House of Commons, by
the former Messengers:
To acquaint them, that the Lords have agreed to the
said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.
Duties on Arrack, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
ascertaining the Duties upon Arrack; and for giving
further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Assaults to commit Robbery, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the more effectual Punishment of Assaults with Intent
to commit Robbery."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Against forging the Acceptance of Bills of Exchange, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or
Principal Sums of accomptable Receipts for Notes,
Bills, or other Securities for Payment of Money, or
Warrants or Orders for Payment of Money, or Delivery of Goods."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Militia Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
raising the Militia of that Part of Great Britain called
England, although the Month's Pay formerly advanced be not re-paid; and for making the Militia
within the same more useful."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Four preceding Bills.
And Messages were severally sent to the House of
Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to
the Four last mentioned Bills, without any Amendment.
Messages from thence, to return the Redemption of Mortgages, Bill;
A Message was brought from the House of Commons,
by Mr. Alington and others:
To return the Bill, intituled, "An Act for the more
easy Redemption and Foreclosure of Mortgages;"
and to acquaint this House, that they have agreed to
their Lordships Amendment made thereto.
and the Bill for regulating Elections in Scotland.
A Message was brought from the House of Commons,
by Sir Robert Monroe and others:
To return the Bill, intituled, "An Act for the better regulating the Election of Members to serve in
the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the
Judges of the Court of Session or Barons of the
Court of Exchequer in Scotland to be elected, or
to sit or vote, as Members of the House of Commons;" and to acquaint this House, that they have
agreed to their Lordships Amendments made to the said
Bill.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King presents.
His Majesty being seated on His 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,
and 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, that they attend Him immediately,
in this House."
Who being come, with their Speaker; he, after a
Speech to His Majesty in relation to the Money Bills
to be passed, delivered the same to the Clerk; who
brought them to the Table; where the Clerk of the
Crown read the Titles of those and the other Bills
ready for the Royal Assent, as follow:
Bills passed.
"1. An Act for granting an Aid to His Majesty, by
a Land Tax, to be raised for the Service of the
Year One Thousand Seven Hundred and Thirtyfour."
"2. An Act for enabling His Majesty to apply the
Sum of One Million Two Hundred Thousand Pounds,
out of the Sinking Fund, for the Service of the
Year One Thousand Seven Hundred and Thirtyfour; and for appropriating the Supplies granted in
this Session of Parliament."
"3. An Act to enable His Majesty to continue and
settle an Annuity of Five Thousand Pounds on the
Princess Royal, during the Term of her natural Life,
in case she shall survive His Majesty."
"4. An Act for ascertaining the Duties upon Arrack; and for giving further Time to Clerks and
Apprentices to pay Duties omitted to be paid for
their Indentures and Contracts."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte
leur Benevolence, & ainsi le veult."
"5. An Act for the better regulating the Election
of Members to serve in the House of Commons, for
that Part of Great Britain called Scotland; and for
incapacitating the Judges of the Court of Session,
Court of Justiciary, and Barons of the Court of Exchequer, in Scotland, to be elected, or to sit or vote,
as Members of the House of Commons."
"6. An Act to prevent the infamous Practice of
Stockjobbing."
"7. An Act to indemnify Persons who have omitted
to qualify themselves for Employments or Offices, by
taking the Oaths, and making and subscribing the
Declaration against Transubstantiation, and receiving
the Sacrament; and to allow them further Time for
that Purpose; and to enable the Vice Chancellor of
the University and Mayor of the Town of Cambridge
to act as Justices of the Peace for the County of
Cambridge, notwithstanding the Act for the further
Qualification of Justices of the Peace."
"8. An Act to explain an Act passed in the last
Session of Parliament, intituled, "An Act for the
converting a further Part of the Capital Stock of
the South Sea Company into Annuities, redeemable
by Parliament; and for settling the remaining Part
of the said Stock in the said Company;" so far as
the said Act relates to the paying off the Bonds of
the said Company."
"9. An Act to settle how far Owners of Ships shall
be answerable for the Acts of the Masters or Mariners."
"10. An Act for naturalizing the most Serene Prince
William Charles Henry Friso, Prince of Orange and
Nassau."
"11. An Act for the Application and Disposal of
the Residue of the Money raised, by Way of Lottery, on the Credit of an Act made in the last Session
of Parliament, for the Relief of such Sufferers in
the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned."
"12. An Act for the Revival of an Act made in
the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for
the free Importation of Cochineal, during the Time
therein limited; and also for the free Importation
of Indico."
"13. An Act for the more effectual preventing the
clandestine Importation of Foreign Hops into Great
Britain and Ireland; and to prevent the adulterating
or sophisticating of Hops, to alter the Colour or
Scent thereof."
"14. An Act for the more effectual Punishment of
Assaults with Intent to commit Robbery."
"15. An Act for the more easy Redemption and
Foreclosure of Mortgages."
"16. An Act for the more effectual preventing the
forging the Acceptance of Bills of Exchange, or the
Numbers or principal Sums of accomptable Receipts
for Notes, Bills, or other Securities for Payment of
Money, or Warrants or Orders for Payment of Money or Delivery of Goods."
"17. An Act for raising the Militia of that Part
of Great Britain called England, although the
Month's Pay formerly advanced be not re-paid;
and for making the Militia within the same more
useful."
"18. An Act to explain and make more effectual
the Laws in being, to oblige the Possessors of Lands,
adjacent to Common Highways, to cut and keep
low such Hedges as are adjoining to the said Highways."
"19. An Act for continuing, explaining, and
making more effectual, Two Acts of Parliament, one
of the Third, and the other of the Eighth, Year of
the Reign of His late Majesty King George the First,
for repairing the Highways from the several Places
in the said Acts mentioned, to Highgate Gatehouse and
Hampslead, in the County of Middlesex; and for
amending the Roads from the South End of the said
Town of Hampstead, to the further End of Burrough
Lane, in the Parish of Hendon; and for repairing
other Roads therein mentioned, lying in the Parish
of Islington, in the said County."
"20. An Act for making more effectual an Act
passed in the Thirteenth Year of the Reign of His
late Majesty King George the First, intituled, "An Act
for the more effectual amending the Highways leading from Royston, in the County of Hertford, to
Wandsford Bridge, in the County of Huntingdon," so
far as the same relates to the amending that Part of
the Road as lies between a Place called The White
Post, upon Alconbury Hill, and Wandsford Bridge, in the
said County of Huntingdon, called The North Division."
"21. An Act to explain and amend an Act passed
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."
"22. An Act to extend the Navigation of the River
Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester."
"23. An Act for granting to Samuel Buckley, Citizen
and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with
Additions and Improvements, during the Time therein limited."
"24. An Act for making the Church of Bablack,
in the City of Coventry, a Parish Church; and for
appointing a District or Parish thereto; and for
enabling the Master and Usher of the Free Grammar
School within the said City to be the Rector and
Lecturer of the said Parish Church."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Le Roy le veult."
"25. An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth,
being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for
the Use of His Majesty."
"26. An Act for supplying an Omission in a former
Act of Parliament, to enable Richard Earl of Burlington to grant Leases of Ground behind Burlington
House."
"27. An Act to enable the Trustees and Executors
of the last Will and Testament of John Vanden
Bempde Esquire, deceased, to lay out Part of the said
Testator's Trust Estate in the Purchase of Securities
affecting the Marquis of Annandale's Estate in Scot
land, and carrying Interest after the Rate of Five
Pounds per Centum per Annum, to be assigned to the
said Trustees, to and for the same Uses and Trusts as
by the said Will are declared of and concerning the
said Trust Estate."
"28. An Act for vesting in Sir Theodore Janssen
Knight and Baronet, and his Heirs, the Remainder
in Fee Simple, now in the Crown, expectant on the
Determination of certain Estates Tail, of and in the
Manor and Advowson of Ower Moigne, in the County
of Dorset, and several Lands and Hereditaments to
the same Manor belonging."
"29. An Act for enabling Thomas Scawen Esquire
and others to sell an Estate in Ireland, settled by Sir
William Scawen's Will; and settling another Estate,
purchased by the said Thomas Scawen; in England, of
greater Value, to the same Uses."
"30. An Act for the Sale of the Manor of Hopsford, in the County of Warwick, for raising Money,
towards discharging the Debts and Incumbrances of
Elizabeth late Dutchess of Hamilton and Brandon, deceased."
"31. An Act for discharging a certain Piece of
Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of
Ground, of equal Extent, and in a more convenient
Place, upon the same Trusts."
"32. An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of
George Evelyn Esquire, deceased, in Charles Boone
Esquire; and for settling another Estate, of greater
Value, on the Daughters and Coheirs of the said
George Evelyn, in Lieu of, and Exchange for, the
same."
"33. An Act for vesting Part of the Estate late of
George Evelyn Esquire, deceased, in the County of
Surrey, in Trustees, in order to sell and convey the
same to Charles Boone Esquire, pursuant to an Agreement for that Purpose."
"34. An Act for enclosing the Common or Waste
called Lightwood Forest, otherwise Cocknage Banks,
and Blurton Common, in the Manor and Parish of
Trentham, in the County of Stafford."
"35. An Act for confirming and making effectual
several Articles of Agreement, made for enclosing
and dividing the Common Fields of Great Cleybrooke
and Little Cleybrooke, in the County of Leicester."
"36. An Act for confirming a Conveyance of divers
Lands and Hereditaments, in the County of Durham,
late the Estate of John Morland Esquire, deceased,
for Payment of his Debts and Incumbrances."
"37. An Act for the Sale of the Manor, Farm,
and Lands of Encombe, in the County of Dorset,
Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances
charged upon and affecting the same."
"38. An Act to enable Joseph Wyndham Esquire,
and his Issue Male, to take and use the Surname of
Ashe, pursuant to the last Will and Testament of
Dame Mary Ashe."
"39. An Act to naturalize Anne Judith Bristowe,
Wife of John Bristowe Esquire."
"40. An Act to naturalize Bartold Bull."
To these Bills the Royal Assent was pronounced,
severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty spake as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"I give you My hearty Thanks, for the great Dispatch you have given to the Public Business; and
for the Confidence you have reposed in Me, for the
Honour and Security of My Kingdom. So short a
Session, at so critical and important a Conjuncture,
concluded with so much Unanimity and so just a
Regard for the true Interest of the Nation, will give
great Weight and Credit to all our Public Transactions; and procure that Respect and Dependence
upon the Great Council of this Nation, which are
so necessary to support the Honour and Interest of
Great Britain, both at Home and Abroad.
"Gentlemen of the House of Commons,
"I must acknowledge in a particular Manner the
Zeal and Readiness which you have shewn, in raising
in so effectual a Manner the necessary Supplies for
the Service of the Year. The Provision you have
made for paying off great Part of the Debt of the
Navy; a Debt necessarily and unavoidably incurred,
and carrying a higher Interest than the old National
Debt, and which, being at a Discount, increased the
Charge and Expence in all Contracts of the Navy
and Victualing; must certainly be thought of singular Service to the Public.
"My Lords, and Gentlemen,
"The Time limited for the Expiration of this Parliament drawing near; I have resolved forthwith to issue
My Proclamation, for the dissolving of it, and for
calling a new Parliament, that the Inconveniencies
unavoidably attending a general Election may be put
an End to as soon as possible: But I should think
Myself inexcusable, if I parted with this Parliament
without doing them the Justice to acknowledge the
many signal Proofs they have given, through the
Course of Seven Years, of their Duty, Fidelity, and
Attachment, to My Person and Government, and
their constant Regard to the true Interest of their
Country.
"The Prosperity and Glory of My Reign depend
upon the Affection and Happiness of My People;
and the Happiness of My People upon My preserving to them all their legal Rights and Privileges,
as established under the present Settlement of the
Crown in the Protestant Line: A due Execution and
strict Observance of the Laws, are the best and only
Security both to Sovereign and Subject; their Interest is mutual and inseparable; and therefore their
Endeavours, for the Support of each other, ought
to be equal and reciprocal: Any Infringement or
Encroachment upon the Rights of either, is a Diminution of the Strength of both; which, kept within
their due Bounds and Limits, make that just Balance
which is necessary for the Honour and Dignity of
the Crown, and for the Protection and Prosperity
of the People: What depends upon Me shall, on My
Part, be religiously kept and observed; and I make
no Doubt of receiving the just Returns of Duty and
Gratitude from them.
"I must in a particular Manner recommend it to
you, and from your known Affection do expect, that
you will use your best Endeavours to heal the unhappy Divisions of the Nation, and to reconcile the
Minds of all who truly and sincerely wish the Safety
and Welfare of the Kingdom. It would be the
greatest Satisfaction to Me, to see a perfect Harmony
restored amongst them that have one and the same
Principle at Heart, that there might be no Distinction but of such as mean the Support of our present
happy Constitution in Church and State, and such as
wish to subvert both. This is the only Distinction
that ought to prevail in this Country; where the Interest of King and People is one and the same, and
where they cannot subsist but by being so. If Religion, Liberty, and Property, were never at any Time
more fully enjoyed, without not only any Attempt,
but even the Shadow of a Design, to alter or invade
them; let not these sacred Names be made Use of
as artful and plausible Pretences to undermine the
present Establishment, under which alone they can be
safe.
"I have nothing to wish, but that My People may
not be misguided: I appeal to their own Consciences
for My Conduct; and hope the Providence of God
will direct them in the Choice of such Representatives as are most fit to be trusted with the Care and
Preservation of the Protestant Religion, the present
Establishment, and all the Religious and Civil Rights
of Great Britain."
His Majesty's Speech being ended; the Lord Chancellor received His Majesty's Commands; and, being returned to his former Place, said,
Parliament prorogued.
"My Lords, and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, that
this Parliament be prorogued to Tuesday the Fourteenth Day of May next: And this Parliament is accordingly prorogued to Tuesday the Fourteenth Day
of May next."
Hitherto examined by us, together with the Four Petitions
omitted, as mentioned in Page 389.
Bridgewater.
Abingdon.
Findlater & Seafield.
Oxford & Mortimer.
N. St. Davids.
" (fn. 4) By the KING.
"A Proclamation for dissolving this present Parliament, and declaring the calling
of another.
"GEORGE R.
"WHEREAS We have thought fit, by and with the Advice of Our Privy Council, to dissolve this
present Parliament, which now stands prorogued to Tuesday the Fourteenth Day of May next;
We do for that End publish this Our Royal Proclamation; and do hereby dissolve the said Parliament accordingly: And the Lords Spiritual and Temporal, and the Knights, Citizens, and Burgesses, and Commissioners
for Shires and Boroughs, of the House of Commons, are discharged from their Meeting and Attendance on
Tuesday the said Fourteenth Day of May next.
"And, being desirous and resolved, as soon as may be, to meet Our People, and have their Advice, in
Parliament, do hereby make known to all Our loving Subjects Our Royal Will and Pleasure, to call a new
Parliament; and do hereby further declare, that, with the Advice of Our Privy Council, We have this Day
given Order to Our Chancellor of Great Britain, to issue out Writs, in due Form, for calling a new Parliament;
which Writs are to bear Teste on Thursday the Eighteenth Day of this Instant April, and to be returnable
on Thursday the Thirteenth Day of June next.
"Given at Our Court at St. James's, the Seventeenth Day of April, 1734, in the Seventh Year of Our
Reign.
"GOD save the KING!"