April 1744, 21-30
DIE Lunæ, 23o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Sarum.
Epus. Wigorn.
Epus. Bristol.
Epus. Landavens.
Epus. Bangor.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Moreton.
Comes Oxford.
Comes Waldegrave.
Comes Malton.
Viscount Fauconberg. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Cornwallis.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Lovel.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys. |
PRAYERS.
Hawker & al. Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Peter
Hawker Esquire and his Wife; praying Leave to bring
in a Private Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act
for vesting the settled Estate of Peter Hawker Esquire,
in the County of Dorset, in Trustees, to be sold; and
for providing and securing an Equivalent for the
same, to be settled to the same Uses."
Naville's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for naturalizing Stephen Naville."
Ordered, That the said Bill be committed to
the Consideration of the Lords following; (videlicet,)
|
D. Newcastle.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Ailesbury.
E. Shaftesbury.
E. Litchfield.
E. Warrington.
E. Coventry.
E. Oxford.
E. Malton.
Viscount Fauconberg. |
Ld. Abp. York.
L. Bp. Sarum.
L. Bp. Worcester.
L. Bp. Bristol.
L. Bp. Landaff.
L. Bp. Bangor.
L. Bp. St. Davids. |
Ld. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Ward.
L. Cornwallis.
L. Gower.
L. Conway.
L. Ilchester.
L. Fitzwilliam.
L. Sandys. |
Their Lordships, or any Five of them; to meet
To-morrow, at the usual Time and Place; and
to adjourn as they please.
Fownes's Bill: Committee shortened.
The Order being read, for taking into Consideration
the Motion of Friday last, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the
Bill, intituled, "An Act for vesting the settled Estate
of Thomas Fownes Esquire in Trustees, to be sold,
together with his Fee-simple Estate, for the Payment
of the Debts of his Father and himself, and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage
Settlement," stands committed, may meet on a sooner
Day than was at first appointed, in regard to the approaching Conclusion of this Session of Parliament.
And Consideration being had thereof accordingly:
Ordered, That the said Committee may meet, to
consider of the said Bill, To-morrow.
Visc. Doneraile peremptorily to answer.
The House was informed, "That the Lord Viscount
Donneraile, Respondent to the Appeal of the Lady
Viscountess Donneraile, had not put in his Answer to
the said Appeal, though duly served with the Order
of this House for that Purpose."
And thereupon an Affidavit, made by James Lynch of
the City of Dublin, Clerk to Mr. Robert Harrison of the
said City Gentleman, of the due Service of the said
Order, being read:
Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.
Witham against Lewis, Writ of Error:
Counsel were called in, to be further heard, in the
Cause upon a Writ of Error, wherein John Leybourn
Witham is Plaintiff, and George Lewis, on the Demise
of Edward Earl of Derby, Defendant.
And the Second Counsel for the Defendant in Error
having been fully heard;
As also One Counsel for the Plaintiff, by Way of
Reply:
The Counsel were directed to withdraw.
Proposed, "To ask the Judges some Questions in
Point of Law."
Which being agreed to:
Questions to the Judges.
Ordered, That the Judges do, on Thursday next,
deliver their Opinions to this House, on the following
Questions; (videlicet,)
"1. Whether sufficient Matter is found, in the
Special Verdict, whereupon the Common Recovery of Trinity Term, 5o Hen. 8i can be adjudged or taken to be a complete valid Recovery?
"2. If not, Whether by Law a Venire facias de
novo ought to be awarded, in this Case?"
Against corresponding with the Pretender's Sons, Bill.
Whereas To-morrow is appointed, for the House to
be put into a Committee on the Bill, intituled, "An
Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown:"
Ordered, That the House be put into a Committee thereupon, on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum quartum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 24o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Glocestriens.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
Dux St. Albans.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Oxford.
Comes Halifax.
Comes Pomfret.
Comes Ker.
Comes Malton.
Viscount St. John.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Cornwallis.
Ds. Gower.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys. |
PRAYERS.
Messages from H. C. to return the D. of Buccleuch's Bill;
A Message was brought from the House of Commons,
by His Majesty's Advocate for Scotland and others:
To return the Bill, intituled, "An Act for confirming the Jointure made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith,
Eldest Son and Heir Apparent to Francis Duke of
Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail, succeeding to the Estate
of Francis late Earl of Buccleuch, to make Jointures
in such Manner as is therein mentioned;" and to acquaint this House, that they have agreed to the same,
without any Amendment.
Sir P. Byrne's Bill;
A Message was brought from the House of Commons,
by Sir John Phillips and others:
To return the Bill, intituled, "An Act to enlarge
the Time limited by the Will of Sir Francis Leicester
Baronet, deceased, for Sale of the Real Estate late
of Sir John Byrne Baronet, deceased, in the Kingdom
of Ireland; and also to enable Sir Peter Byrne Baronet, and his Issue, to take and use the Surname of
Leicester only, pursuant to the said Will;" and to acquaint this House, that they have agreed to the same,
without any Amendment.
and Thornhagh's Bill.
A Message was brought from the House of Commons, by Mr. Mellish and others:
To return the Bill, intituled, "An Act for empowering John Thornhagh Esquire to make a Jointure and Provision for his Younger Children, out of
an Estate comprized in a voluntary Settlement made
by Saint Andrew Thornhagh Esquire, his late Father,
deceased;" and to acquaint this House, that they
have agreed to the same, with some Amendments,
whereunto they desire their Lordships Concurrence.
Hawker's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
vesting the settled Estate of Peter Hawker Esquire, in
the County of Dorset, in Trustees, to be sold; and
for providing and securing an Equivalent for the same,
to be settled to the same Uses."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. St. Albans.
D. Leeds.
D. Argyll.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Thanet.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Coventry.
E. Oxford.
E. Halifax.
E. Pomfret.
E. Ker.
E. Malton.
Viscount St. John.
Viscount Torrington. |
Ld. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Gloucester.
L. Bp. Bangor.
L. Bp. St. Davids. |
L. Carteret, Sec.
L. Willoughby Par.
L. Strange.
L. Cornwallis.
L. Gower.
L. Hervey.
L. Somerville.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Walpole.
L. Monson.
L. Lovel.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys. |
Their Lordships, or any Five of them; to meet on
Wednesday the 9th Day of May next, at the
usual Time and Place; and to adjourn as they
please.
Motion to shorten the Time of meeting of the Committee.
The House was moved, "That the Standing Order,
requiring Fourteen Days Notice to be given of the
Meeting of Committees on Private Bills, may be so
far dispensed with, as that the said Committee may
meet on an earlier Day than now appointed, in regard to the approaching Conclusion of this Session of
Parliament."
Ordered, That the said Motion be taken into
Consideration To-morrow; and the Lords to be summoned.
Fownes's Bill.
The Earl of Warwick reported from the Lords
Committees to whom the Bill, intituled, "An Act for
vesting the settled Estate of Thomas Fownes Esquire
in Trustees, to be sold, together with his Fee-simple
Estate, for the Payment of the Debts of his Father
and himself; and for laying out the Surplus Money
in the Purchase of another Estate, to be settled to
the Uses of his Marriage Settlement," was committed: "That they had considered the said Bill, and
examined the Allegations thereof, which were found
to be true; that the Parties concerned had given
their Consents; and that the Committee had gone
through the Bill, and made some Amendments
thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Naville's Nat. Bill.
The same Earl reported from the Lords Committees
to whom the Bill, intituled, "An Act for naturalizing
Stephen Naville," was committed: "That they had
considered the said Bill, and examined the Allegations thereof, which were 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."
Brewers Casks, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee again on the
Bill, intituled, "An Act for preventing Draymen,
Brewers Servants, and others, from selling, pawning,
and making away with, Barrels, Casks, Butts, and
other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors
thereof."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said
Committee, "That they had heard the Lord Chief
Justice of the King's Bench, and made some Progress in the said Bill."
Ordered, That the House be put into a Committee again, on the said Bill, on this Day Six Weeks.
Poor's Bill.
The Second Order of the Day being read, for the
House to be put into a Committee upon the Bill, intituled, "An Act for remedying some Defects in the
Act made in the Forty-third Year of the Reign of
Queen Elizabeth, intituled, An Act for the Relief of
the Poor:"
Ordered, That the House be put into a Committee
thereupon, on this Day Sevennight.
Westminster Bridge, Bill.
The last Order of the Day being read, for the House
to be put into a Committee on the Bill, intituled, "An
Act to explain and make more effectual several Acts
of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames,
from the City of Westminster, to the opposite Shore in
the County of Surrey; and for the better enabling
the Commissioners for building the said Bridge to
finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for
exchanging the Tickets unclaimed in the last Lottery
for the said Bridge, and to make Provision for Tickets
in the said Lottery, lost, burnt, or otherwise destroyed."
Ordered, That the House be put into a Committee
thereupon, on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii,
vicesimum quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 25o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffens.
Epus. Glocestriens.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Bedford.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Holdernesse.
Comes Warrington.
Comes Coventry.
Comes Morton.
Comes Loudoun.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Orford.
Comes Bath. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Ducie.
Ds. Hobart.
Ds. Lovel.
Ds. Ilchester.
Ds. Chedworth.
Ds. Edgecumbe.
Ds. Sandys. |
PRAYERS.
Hawker's Bill: Committee shortened.
The Order of the Day being read, for taking into
Consideration the Motion of Yesterday for dispensing
with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee
to whom the Bill, intituled, "An Act for vesting the
settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to
be settled to the same Uses," stands committed, may
meet on a sooner Day than was at first appointed, in
regard to the approaching Conclusion of this Session of
Parliament.
And Consideration having been had thereof accordingly:
Ordered, That the said Committee may meet, to
consider of the said Bill, To-morrow.
Fownes's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting the settled Estate of Thomas Fownes Esquire
in Trustees, to be sold, together with his Fee-simple
Estate, for the Payment of the Debts of his Father
and himself; and for laying out the Surplus Money
in the Purchase of another Estate, to be settled to
the Uses of his Marriage Settlement."
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. Spicer and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Naville's Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
naturalizing Stephen Naville."
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.
Thornhagh's Bill.
The House proceeded to take into Consideration the
Amendments made by the Commons to the Bill, intituled, "An Act for empowering John Thornhagh
Esquire to make a Jointure and Provision for his
Younger Children, out of an Estate comprized in a
voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased."
And the same, being read Thrice, were agreed to.
And a Message was sent to the House of Commons,
by the former Messengers, to acquaint them therewith.
Levant Trade, regulating, Bill.
A Message was brought from the House of Commons,
by Mr. Winnington and others:
With a Bill, intituled, "An Act for enlarging and
regulating the Trade to The Levant Seas;" to which
they desire the Concurrence of this House.
Buckingham Road, Bill.
A Message was brought from the House of Commons,
by Mr. George Greenville and others:
With a Bill, intituled, "An Act for repairing the
Road from the Town of Buckingham, in the County
of Bucks, to the Town of Warmington, in the County
of Warwick;" to which they desire the Concurrence
of this House.
To prevent affixing counterfeit Stamps to Linens, Bill.
A Message was brought from the House of Commons,
by the Lord Limerick and others:
With a Bill, intituled, "An Act for the more effectual preventing of the affixing of counterfeit Stamps
to Foreign or other Linens;" to which they desire the
Concurrence of this House.
The Three last mentioned Bills were read the First
Time.
Ordered, That the Bill for enlarging and regulating the Trade to The Levant Seas be printed.
Turkey Merchants to be heard, against the Levant Trade Bill:
Upon reading the Petition of the Governor and Company of Merchants of England trading to The Levant
Seas; setting forth, "That if the Bill, intituled, "An
Act for enlarging and regulating the Trade to The
Levant Seas," should pass into a Law, it will deprive
the Petitioners of several of the Privileges granted
by their Charter, very much affect them in their
Property, endanger the Ruin of their Establishment
in Turkey, and greatly distress, if not occasion the
total Loss of, the Turkey Trade to this Nation;" and
praying, "That the Petitioners may be heard, by their
Counsel, against the said Bill; and that the same may
not pass into a Law:"
It is Ordered, That the said Bill be read a Second
Time on this Day Sevennight; and that the Petitioners
may be heard, as desired, at the said Second Reading;
as may Counsel also be heard for the Bill, at the same
Time.
Woollen Manufactures exported to Turkey, Account of, to be brought;
Ordered, That the proper Officer do lay before
this House, an Account of what Quantities of Woollen
Manufactures have been exported to Turkey, from
Christmas 1720, to Christmas 1743; distinguishing each
Year.
and of Raw Silk and Mohair Yarn imported.
Also, an Account of what Quantity of Raw Silk has
been imported from Turkey, from Christmas 1720, to
Christmas 1743; distinguishing each Year.
And also, an Account of what Quantity of Mohair
Yarn has been imported from Turkey, from Christmas
1720, to Christmas 1743; distinguishing each Year.
Devonsher against Harper & al.
After hearing Counsel, upon the Petition and Appeal of Jonas Devonsher, surviving Executor of Abraham Morris, deceased; complaining of several Orders of
the Court of Exchequer in Ireland, of the 21st of May
1740, the 22d, 25th, and 30th of June 1741, made in
a Cause wherein the Appellant and Jonas Morris were
Plaintiffs, and Hugh Henry, John Harper, John Finlay
and Jane his Wife, Defendants; and praying, "That
the same might be reversed or varied, and the Appellant otherwise relieved as to the House should seem
just:" As also upon the Answer of the said John
Harper and Jane Finlay, surviving Execurors of Hugh
Mitchell Merchant, deceased, put in to the said Appeal; and due Consideration had of what was offered
on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That, in the
said Order of the 21st of May 1740, directing what
Money the Appellant should recover, which was reported due to him with Interest, these Words ["16th
of February 1736, being the Time of confirming the
said Report"] be left out; and, instead thereof, these
Words be there inserted, ["Time of filing the Appellant's Bill in the said Court of Exchequer, to be computed by the Chief Remembrancer of the said Court,
or his Deputy; and that the said Respondents (having
admitted Assets) do pay to the said Appellant his
Costs of this Suit, to be taxed by the said Chief Remembrancer, or his Deputy"]: And it is further Ordered and Adjudged, That the said Order of the 30th
of June 1741, complained of in the said Appeal, be,
and the same is hereby, reversed; and that the Respondents do re-pay to the Appellant the Deposit mentioned
in the said Order; and that, with these Variations, the
rest of the Orders complained of be affirmed.
Causes put off.
Ordered, That the Cause which stands to be heard
on Friday next be put off to Monday; and the Cause appointed for that Day be put off to the Friday following.
No more Causes to be heard this Session.
Ordered, That no more than those Two last mentioned Causes be heard, during this Session of Parliament.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum sextum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
April 26th, 1745,
Hitherto examined by us,
Shaftesbury.
N. Exon.
R. St. Davids.
DIE Jovis, 26o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffon.
Epus. Sarum.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Thanet.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Loudoun.
Comes Strafford.
Comes Malton.
Comes Orford.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Ilchester.
Ds. Chedworth.
Ds. Fitzwilliam.
Ds. Sandys. |
PRAYERS.
Hawker's Bill.
The Earl of Shaftesbury reported from the Lords
Committees to whom the Bill, intituled, "An Act for
vesting the settled Estate of Peter Hawker Esquire,
in the County of Dorset, in Trustees, to be sold; and
for providing and securing an Equivalent for the
same, to be settled to the same Uses," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which were found to be true;
that the Parties concerned had given their Consents;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Ordered, That the said Bill be engrossed.
To prevent affixing counterfeit Stamps to Linens, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for the more effectual preventing of the affixing of
counterfeit Stamps to Foreign or other Linens."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next.
Buckingham Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repairing the Road from the Town of Buckingham, in the County of Bucks, to Warmington, in the
County of Warwick."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
D. Leeds.
D. Argyll.
D. Newcastle.
D. Portland.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Thanet.
E. Ailesbury.
E. Shaftesbury.
E. Litchfield.
E. Holderness.
E. Warrington.
E. Coventry.
E. Jersey.
E. Poulet.
E. Loudoun.
E. Strafford.
E. Malton.
E. Orford.
Vis. Torrington. |
L. Bp. Rochester.
L. B. Glocester.
L. B. Landaff.
L. B. Lincoln.
L. B. St. Davids. |
Ld. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. North.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Gower.
L. Somerville.
L. Foley.
L. Bathurst.
L. Onslow.
L. Ducie.
L. Hobart.
L. Monson.
L. Ilchester.
L. Chedworth.
L. Fitzwilliam.
L. Sandys. |
Their Lordships, or any Five of them; to meet
To morrow, at the usual Time and Place; and
to adjourn as they please.
Witham against Lewis, Writ of Error.
The Order being read, for the Judges to deliver their
Opinions, on the Questions proposed to them on Monday
last, on hearing the Cause, upon a Writ of Error wherein John Leybourn Witham is Plaintiff, and George Lewis,
on the Demise of Edward Earl of Derby, Defendant:
The Lord Chief Justice of the Court of Common Pleas
acquainted the House, "That the Judges had accordingly considered the said Questions, and agreed in
their Opinions."
And his Lordship thereupon delivered their Reasons
at large; and concluded with their Opinions; (videlicet,)
"That there is not sufficient Matter found in the
Special Verdict, whereby the Common Recovery of
Trinity Term, 5o Hen. 8i, can be adjudged or taken
to be a complete valid Recovery.
"And that, by Law, a Venire facias de novo ought not
to be awarded in this Case."
Whereupon the following Order and Judgement was
made:
Judgement.
"Whereas, by virtue of His Majesty's Writ of
Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's
Bench was brought into this House, the 24th of
January last, wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of Edward
Earl of Derby, Defendant; and Counsel having
been heard, as well on the 20th as 23d Instant, to
argue the Errors assigned upon the said Writ of
Error; and the unanimous Opinion of the Judges
having been delivered, upon certain Points of Law to
them proposed; and due Consideration had of what
was offered on either Side in this Cause: It is
Ordered and Adjudged by the Lords Spiritual and
Temporal in Parliament assembled, That the Judgement given in the said Court of King's Bench be, and
the same is hereby; affirmed, and that the Record be
remitted: And it is further Ordered, That the
Plaintiff in Error do pay, or cause to be paid, to the
Defendant in Error, the Sum of Ten Pounds, for his
Costs in this House."
The Tenor of the Judgement, to be affixed to the
Transcript of the Record to be remitted, is as
follows:
"At which Day, before the same Court of Parliament, at Westminster, in the County of Midd'x aforesaid, (fn. 1) come the Parties aforesaid, in their proper Persons; whereupon, all and singular the Premises being
seen and by the said Court of Parliament now here
fully understood, and having diligently examined and
inspected, as well the Record and Process aforesaid,
and the Judgement thereupon had, as the Causes and
Matters aforesaid by the said John Leybourn Witham
above assigned for Error, and mature Deliberation
being thereupon had; it appears to the same Court of
Parliament now here, that neither in the Record or
Process aforesaid, nor in the giving of the said Judgement, is there any Error, and that the same Judgement is in no wise vicious or defective: Therefore it is
considered by the same Court of Parliament aforesaid, that the Judgement aforesaid be in all Things
assirmed, and stand in its full Force and Effect, the
said Causes and Matters by the said John Leybourn
Witham above assigned for Error in any wise notwithstanding: It is also further considered by the same
Court of Parliament aforesaid now here, That the
aforesaid George Lewis recover against the said John
Leybourn Witham Ten Pounds, to the same George
Lewis, with his Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in that case made and provided, adjudged for
his Damages, Costs, and Charges, which he hath
sustained by Occasion of the Delay of Execution of
the Judgement aforesaid, by Pretext of prosecuting
the said Writ of Error: And thereupon the Record
aforesaid, and also the Process in the Premises in the
same Court of Parliament had, by the same Court of
Parliament, are remitted to the Court of our Lord the
King, before the King Himself, wheresoever &c. to
the End that Execution may be done thereupon."
Luton Road, repairing, Bill.
A Message was brought from the House of Commons,
by Mr. Ongle and others:
With a Bill, intituled, "An Act for amending and
making more effectual an Act made in the last Session
of Parliament, for continuing an Act made in the
Thirteenth Year of the Reign of His late Majesty
King George the First, for repairing the Roads from
Luton, in the County of Bedford, to Westwood Gate,
in the said County, and from Luton to St. Albans, in
the County of Hertford;" to which they desire the
Concurrence of this House.
Glass Beads, &c. Duties, Bill.
A Message was brought from the House of Commons,
by Mr. Francis Fane and others:
With a Bill, intituled, "An Act for repealing the
Duties payable upon Glass Beads, and for granting
other Duties in Lieu thereof; and for allowing the
same Drawbacks on the Re-exportation of resined
Borax and Camphire, which are allowed on the Exportation of unrefined Borax and Camphire; and
for preventing the fraudulent Exportation of British
and Irish Linens, for the Sake of the Bounty allowed
by an Act made in the Fifteenth and Sixteenth Year
of His present Majesty's Reign; and for explaining
and amending the said Act, as to the Persons who are
to receive the said Bounty;" to which they desire the
Concurrence of this House.
The Two last mentioned Bills were both read the
First Time.
Message from H. C. to return Cullum's Bill.
A Message was brought from the House of Commons,
by the Lord Duplin and others:
To return the Bill, intituled, "An Act for vesting
Part of the settled Estate of John Cullum Esquire in
Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another
Part of his Estate, for the Uses and Purposes of his
Marriage Settlement;" and to acquaint this House,
that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.
The said Amendments, being read Thrice, were
agreed to.
And a Message was sent to the House of Commons,
by Mr. Spicer and Mr. Edwards, to acquaint them
therewith.
Lords to be summoned, on the Bill to prevent Correspondence with the Pretender's Sons.
Ordered, That the Lords be summoned, to attend
the Service of this House To-morrow; when their
Lordships are to be put into a Committee upon the Bill,
intituled, "An Act to make it High Treason to hold
Correspondence with the Sons of the Pretender to
His Majesty's Crown."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 27o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Eliens.
Epus. Glocestriens.
Epus. Oxon.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Meneven. |
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Holdernesse.
Comes Scarbrough.
Comes Warrington.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Morton.
Comes Home.
Comes Loudoun.
Comes Dunmore.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Dudley.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovel.
Ds. Talbot.
Ds. Ilchester.
Ds. Chedworth.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
L. Arch. Hamilton against E. of Selkirk & al.
The several Answer of Mr. John Hamilton Writer to
the Signet at Edinburgh, One of the Respondents to the
Appeal of Archibald Hamilton Esquire, commonly called
Lord Archibald Hamilton, was brought in.
Accounts of Woollen Manufactures, &c. delivered.
The House being informed, "That a Person from
the Custom-house attended:"
He was called in; and delivered, at the Bar, pursuant
to the Orders of Wednesday last,
"An Account of what Quantities of Woollen Manufactures have been exported to Turkey, from Christmas
1720, to Christmas 1743; distinguishing each Year."
Also, "An Account of what Quantity of Raw Silk
has been imported from Turkey, from Christmas 1720,
to Christmas 1743; distinguishing each Year."
And also, "An Account of what Quantity of Mohair
Yarn has been imported from Turkey, from Christmas
1720, to Christmas 1743; distinguishing each Year."
And then he was directed to withdraw.
And the Titles of the said Accounts being read by the
Clerk:
Ordered, That the said Papers do lie on the Table.
Hawker's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for vesting the settled Estate of Peter Hawker Esquire,
in the County of Dorset, in Trustees, to be sold;
and for providing and securing an Equivalent for the
same, to be settled to the same Uses."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Bennet and Mr. Elde:
To carry down the said Bill, and desire their Concurrence thereunto.
Buckingham Road, Bill.
The Lord Hervey reported from the Lords Committees
to whom the Bill, intituled, "An Act for repairing the
Road from the Town of Buckingham, in the County
of Bucks, to Warmington, in the County of Warwick,"
was committed: "That they had considered the said
Bill, and examined the Allegations thereof, which
were 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."
Luton Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for amending and making more effectual an Act made
in the last Session of Parliament, for continuing an
Act made in the Thirteenth Year of the Reign of
His late Majesty King George the First, for repairing
the Roads from Luton, in the County of Bedford, to
Westwood Gate, in the said County; and from Luton
to Saint Albans, in the County of Hertford."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
Ld. Privy Seal.
D. Richmond.
D. Leeds.
D. Argyll.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Pembroke.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Oxford.
E. Graham.
E. Orford.
E. Bath.
Vis. Say & Seale.
Vis. St. John. |
L. Bp. Rochester.
L. B. Hereford.
L. B. Gloucester.
L. B. Oxford.
L. B. Bristol.
L. B. Lincoln.
L. B. St. Davids. |
Ld. Carteret, Sec.
L. Abergavenny.
L. Willoughby Par.
L. Clifton.
L. Maynard.
L. Strange.
L. Ward.
L. Gower.
L. Hervey.
L. Foley.
L. Bathurst.
L. Hobart.
L. Monson.
L. Chedworth.
L. Fitzwilliam.
L. Edgecumbe. |
Their Lordships, or any Five of them; to meet
on Tuesday next, at the usual Time and Place;
and to adjourn as they please.
Glass Beads, &c. Duties on, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act
for repealing the Duties payable upon Glass Beads,
and for granting other Duties in Lieu thereof; and
for allowing the same Draw-backs on the Exportation
of refined Borax and Camphire, which are allowed on
the Exportation of unrefined Borax and Camphire;
and for preventing the fraudulent Exportation of
British and Irish Linens for the Sake of the Bounty
allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for
explaining and amending the said Act, as to the Persons who are to receive the said Bounty."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next.
Westminster Bridge, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain and make more effectual
several Acts of Parliament, passed in the Reign of
His present Majesty, for building a Bridge cross
the River Thames, from the City of Westminster, to
the opposite Shore in the County of Surrey; and for
the better enabling the Commissioners for building
the said Bridge to finish the same, and to perform the
other Trusts reposed in them; as also for granting
further Time for exchanging the Tickets unclaimed
in the last Lottery for the said Bridge; and to make
Provision for Tickets in the said Lottery lost, burnt,
or otherwise destroyed."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said
Committee, "That they had gone through the Bill,
and directed him to report the same to the House,
without any Amendment."
Message from H. C. to return Cliffe's Bill.
A Message was brought from the House of Commons, by the Lord Duplin and others:
To return the Bill, intituled, "An Act for vesting
divers Lands and Hereditaments, devised by the Will
of Richard Cliffe Esquire, deceased, in Trustees, to
be sold, for paying the Debts and Legacies charged
thereupon by the said Will; and for laying out the
Surplus of the Money arising by such Sale (if any)
in purchasing other Lands, to be settled to the Uses
of the same Will;" and to acquaint this House, that
they have agreed to the same, without any Amendment.
London Streets, better lighting, Bill.
A Message was brought from the House of Commons, by Sir William Calvert and others:
With a Bill, intituled, "An Act for making more
effectual Provision for enlightening the Streets of the
City of London;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Address, for Report of the Board of Trade on Memorials of the Levant Company:
Ordered, That an humble Address be presented to
His Majesty; "That He will be graciously pleased to
give Directions, that there be laid before this House,
a Copy of the Report of the Board of Trade, on
the Two Memorials of the Levant Company, of June
28th 1739, and September 9th 1740, to their Excellencies the Lords Justices, dated October 9th, 1740."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Charter, &c. of the Turkey Company to be brought.
Ordered, That the Company of Merchants of England trading to The Levant Seas do lay before this
House the Charter of the said Company, and also their
Court and Register Books, in which are contained their
Orders and Bye-laws.
Against corresponding with the Pretender's Sons, Bill:
The Order being read, for the House to be put into
a Committee upon the Bill, intituled, "An Act to
make it High Treason to hold Correspondence with
the Sons of the Pretender to His Majesty's Crown:"
Instruction to the Committee to insert Clauses in it:
Ordered, That it be an Instruction to the said Committee, "That they do receive a Clause, for attainting
any of the Pretender's Sons of High Treason, in case
they shall land, or attempt to land, in Great Britain,
or any of the Dominions belonging to the Crown of
Great Britain, or be found on Board any Ship or
Vessel with Intent to land there."
The House was moved, "That the 10th Section of
an Act, made in the 7th Year of the Reign of Her
late Majesty Queen Anne, intituled, "An Act for
improving the Union of the Two Kingdoms," relating to Forfeitures for High Treason, might be read."
The same was read accordingly.
And it being also moved, "That it be an Instruction
to the said Committee, That they do receive a
Clause, or Clauses, to suspend and postpone the Operation and Effect of the said 10th Section of the said
Act, till after the Death of the Sons of the Pretender."
The same was objected to.
And, after long Debate thereupon:
The Question was put, "Whether such an Instruction shall be given to the Committee?"
It was Resolved in the Affirmative.
Protest against the last.
"Dissentient.
"1st, Because this Addition to the Bill enacts the
Continuation of a Punishment, which, though it may
have prevailed at Times in this and other Countries,
we conceive to be directly contrary to the First Principles of natural Justice; it being an uncontested
Maxim, that the Innocent ought not to suffer for the
Sake of the Guilty, where, by the Nature of the
Thing, it is possible to prevent it.
"2dly, Because involving the Innocent in the Punishment of the Guilty, is wholly inconsistent with
that Spirit of Justice and Lenity that distinguishes
our Law; and which says, it is better that Ten guilty
Persons should escape, than that One innocent one
should suffer.
"3dly, Because we conceive, that the postponing the
Operation of that Clause in the Act of the 7th of
Queen Anne, till the Deaths of the Pretender's Two
Sons, is contrary to the plain Intention of that very
Act, which appears throughout to have been an Act
of Lenity and Mitigation, and to have confined to
the Life of the Pretender himself, or Three Years
after the Succession of the present Royal Family
should take Place, the Duration of those cruel Penalties of Forfeiture of the Estates, and Corruption of
the Blood, of innocent Persons, as the utmost Term
it was proper or just to allow 'em. And we apprehend, that the Pretender's marrying and having
Children was, at that Time, too probable and obvious an Event, not to have suggested this Provision, had
it been thought either just or necessary.
"4thly, Because we are far from being convinced
that the Terror of these Penalties will so often prevent Guilt, as the Execution of them will oppress
Innocence; and we do not conceive that those whom
neither the innate Principle of Self-preservation nor the
Horror inseparable from Guilt can restrain, will be
checked by the tender Sentiments of parental Affection.
"5thly, Because we conceive that no present Danger whatever can be urged as an Argument for this
Clause, whose Operation does not commence till after
the Death of the Pretender, who is now but Fiftysix Years old; and we can see no good Reason for
anticipating a future and remote Danger (supposing
that such a Danger could ever exist), in order to enact at present the longer Continuation of so dreadful
a penal Law.
"6thly, Because we conceive that this Continuation
is, in Effect, perpetuating this severe Law; since
whatever Reasons can be urged for it, during the Lives
of the Pretender's Two Sons, will be equally made
use of for continuing it as long as he or they shall
have any Posterity subsisting.
"7thly, Because we conceive that, as this Clause
can have no immediate Operation, the enacting it at
present may seem rather to be an Insinuation of present Disaffection, than any Security against it: Which
Insinuation, we apprehend, would be highly unjust
and unbecoming, after the unanimous Zeal and Loyalty which the whole Nation has so lately given Proofs
of for His Majesty's Person and Government, and
with which His Majesty has so lately, from the
Throne, declared Himself satisfied. These Reasons
have induced us to transmit to Posterity our Dissent to
a Clause by which they may be so severely affected:
We reslect, with Concern, upon the heavy Burden
of Debts and Taxes with which, we fear, we shall
leave them loaded: And we desire they may know,
that we endeavoured at least to secure their Innocence
from the Rigour of those Laws to which it may hereafter be exposed and sacrificed.
"Hervey.
Denbigh.
Litchfield.
Oxford & Mortimer.
Warrington.
Rockingham.
Chesterfield.
Macclesfield.
Shaftesbury.
Bridgewater.
Foley.
For all the Reasons but the 4th, Bedford.
Westmorland.
Ailesbury & Elgin.
Beaufort.
Talbot.
Ward.
Coventry.
For all the Reasons but the 4th, Thanet."
Then the House was adjourned during Pleasure, and
put into a Committee on the said Bill.
After some Time, the House was resumed.
And the Earl of Warwick reported from the said
Committee, "That they had gone through the Bill,
and made some Amendments thereunto; which he
would be ready to report, when the House will please
to receive the same."
Ordered, That the said Report be received on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
tricesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 30o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Glocestriens.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Meneven. |
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Cholmondeley, C.P.S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Chesterfield.
Comes Thanet.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Holderness.
Comes Warrington.
Comes Coventry.
Comes Poulet.
Comes Moreton.
Comes Home.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Malton.
Comes Offord.
Viscount Fauconberg. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert. |
PRAYERS.
Ly. Doneraile against Vis. Doneraile.
The Answer of Arthur Mohun Lord Viscount Donneraile in the Kingdom of Ireland, to the Appeal of Sarah
Lady Viscountess Donneraile, was brought in.
King's Answer to the Addiess concerning the Levant Company.
The Earl Fitzwalter reported, "That the Lords with
White Staves had (according to Order) presented to
His Majesty the Address of this House on Friday last,
for a Copy of the Report of the Board of Trade, on
Two Memorials of the Levant Company; and that
His Majesty was pleased to say, He will give Order
accordingly."
Buckingham Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repairing the Road from the Town of Bucking
ham, in the County of Bucks, to Warmington, in the
County of Warwick."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Assirmative.
Westminster Bridge, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to explain and make more effectual several Acts of
Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames,
from the City of Westminster, to the opposite Shore in
the County of Surrey; and for the better enabling
the Commissioners for building the said Bridge to finish
the same, and to perform the other Trusts reposed in
them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery
for the said Bridge; and to make Provision for Tickets
lost, burnt, or otherwise destroyed."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the said Bills.
A Message was sent to the House of Commons, by
Mr. Sawyer and Mr. Montague:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Auchterlony, to amend his Appeal.
A Petition of George Auchterlony of London Merchant, was presented to the House, and read; setting
forth, "That, on the Death of the Respondent to the
Petitioner's Appeal, Archibald Hunter his Brother
was, by Order of this House, made Respondent;
who put in his Answer; whereby it appeared his
Brother made a Disposition in Favour of the Two
Sons of the said Archibald, and also appointed Guardians to them; and that he was no Ways interested in
the said Appeal;" and praying, "That the said Disposition may be produced to the Petitioner's Agent in
the Court of Session, from which the Names of the
said Guardians will appear; and that they, together
with Robert and Thomas Hunter Infants, and Veronica
Murray their Mother, may be made Respondents."
And thereupon the Agents on both Sides were called
in, and heard at the Bar.
And being withdrawn:
Ordered, That the said Appeal do stand revived
against the said Infants and their said Mother, who are
hereby made Respondents thereunto; and that they do
put in their Answer or respective Answers thereunto,
in Writing, on or before Monday the 28th Day of May
next.
Against corresponding with the Pretender's Sons, Bill.
The Earl of Warwick (according to Order) reported
from the Committee of the whole House to whom the
Bill, intituled, "An Act to make it High Treason to
hold Correspondence with the Sons of the Pretender
to His Majesty's Crown," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice by the Clerk, were agreed
to by the House; and are as follow:
"Press 3, Line 8. After ["High Treason"], add
["And be it further Enacted, by the Authority
aforesaid, That if the Eldest or any other Son or
Sons of the said Pretender shall, after the said First
Day of May, land, or attempt to land, or shall be
found, in Great Britain or Ireland, or any of the Dominions or Territories belonging to the Crown of
Great Britain, or shall be found on Board any Ship,
Vessel, or Boat, being so on Board with Intent to
land in Great Britain or Ireland, or any of the Dominions or Territories aforesaid, he and they respectively shall, by virtue of this Act, stand and be adjudged attainted of High Treason to all Intents and
Purposes whatsoever, and shall suffer and forfeit as
Persons attainted of High Treason by the Laws of
the Land ought to suffer and forfeit. And whereas,
in and by the said recited Act of the Seventh Year of
the Reign of Her said late Majesty Queen Anne, it
is Provided and Enacted, "That, after the Decease of
the Person who pretended to be Prince of Wales during the Life of the late King James, and since pretends to be King of Great Britain, and at the End
of the Term of Three Years after the immediate
Succession to the Crown upon the Demise of Her
said late Majesty should take Essect, no Attainder for
Treason should extend to the disheriting of any Heir,
nor to the Prejudice of the Right or Title of any
Person or Persons, other than the Right or Title of
the Offender or Offenders, during his, her, or their
natural Lives only; and that it should and might be
lawsul to every Person or Persons, to whom the Right
or Interest of any Lands, Tenements, or Hereditaments, after the Death of any such Offender or
Offenders, should or might have appertained if no
such Attainder had been, to enter into the same;" be
it further Enacted, by the Authority aforesaid, That
the said Provision, so made by the said last recited
Clause, shall not take Place, nor have any Operation,
Force, or Effect whatsoever, until after the Deceases
not only of the said Pretender, but also of his Eldest
and all and every other Son and Sons.
"To the Title of the Bill, add, ["And for attainting them of High Treason, in case they shall land, or
attempt to land, in Great Britain, or any of the
Dominions thereunto belonging; and for suspending
the Operation and Effect of a Clause in the Act of
the Seventh Year of the late Queen Anne, for improving the Union of the Two Kingdoms, relating to
Forfeitures for High Treason, until after the Decease
of the Sons of the said Pretender."
Ordered, That the said Bill be read a Third Time
To-morrow; and the Lords to be summoned.
Pendred & al. against Grissith & al.
After hearing Counsel in Part, upon the Petition
and Appeal of Cordelia Pendred Widow and others, to
which James Carrol Griffith and Abdiel Edwards are
Respondents:
It is Ordered, That the further Hearing of this
Cause be adjourned till To-morrow; and that the Counsel be called in at One o'Clock.
Charter, &c. of the Levant Company laid before the House.
The House being informed, "That a Person from
the Company of Merchants of England trading to The
Levant Seas attended:"
He was called in; and acquainted the House, "He had
brought with him Two Boxes, in which were contained
the Charter of the said Company, together with the
Court and Register Books mentioned in their Lordships
Order of Friday last."
And then he was directed to withdraw.
Ordered, That the said Boxes be delivered into the
Hands of the Clerk, to be by him kept, in order that
the said Charter and Books may be perused by the
Lords.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
primum diem Maii jam prox. sequen. hora undecima
Auroræ, Dominis sic decernentibus.