House of Lords Journal Volume 27
May 1747, 21-30

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History of Parliament Trust

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1767-1830

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117-125

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'House of Lords Journal Volume 27: May 1747, 21-30', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 117-125. URL: http://www.british-history.ac.uk/report.aspx?compid=114259 Date accessed: 02 August 2014.


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May 1747, 21-30

DIE Jovis, 21o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Epus Roffen
Epus Litch & Cov.
Epus Oxon
Epus Bristol
Epus Cicestriens
Epus Landavens.
Epus Bangor
Epus Asaphen.
Epus Meneven.
Epus Exon.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Comes Gower, C P S
Dux Devon, Senescallus.
Dux Grafton, Camerarius
Dux Richmond.
Dux Beauford
Dux St Albans.
Dux Bolton.
Dux Leeds
Dux Bedford
Dux Rutland.
Dux Argyll
Dux Newcastle.
Dux Portland
Dux Manchester.
Dux Chandos
March Tweeddale
March Lothian
Comes Pembroke
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Denbigh
Comes Westmorland.
Comes Chesterfield
Comes Carlisle
Comes Dancaster
Comes Shaftesbury
Comes Litchfield
Comes Berkeley
Comes Holdernesse.
Comes Coventry
Comes Jersey
Comes Poulet.
Comes Cholmondeley
Comes Sutherland.
Comes Mortoun.
Comes Moray.
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Ferrers.
Comes Granville.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Orford.
Comes Bath.
Comes Portsmouth.
Comes Leicester.
Comes Brooke.
Comes Bucks.
Comes Fitzwilliam.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Falmouth.
Viscount Harcourt.
Viscount Leinster.
Ds Delawarr.
Ds. Dudley
Ds Willoughby Br.
Ds Willoughby Par.
Ds North
Ds Strange.
Ds Ward
Ds Berkeley.
Ds Cornwallis.
Ds Craven.
Ds Hervey.
Ds Hay.
Ds Mansel.
Ds Masham.
Ds Bathurst
Ds Cadogan.
Ds Ducie.
Ds Monson.
Ds Raymond.
Ds Talbot.
Ds Edgecumbe.
Ds Sandys.
Ds. Herbert.

PRAYERS.

F Litchfield's Privilege.

Complaint was made to the House, "That Christopher Place, of Caldberge, in the County of York, has lately possessed himself of a Farm at East Scrafton, in that County, belonging to the Earl of Litchfield, in Breach of his Lordship's Privilege and the Privilege of this House, and still refuses to deliver Possession thereof, though required so to do by the said Earl's Agents"

And thereupon William Martin, his Lordship's Court Keeper, was called in, and examined upon Oath, at the Bar, touching the Matter of the said Complaint.

And verisying the Truth thereof.

He was directed to withdraw.

Place to be attached, for possessing himself of a Farm of his Lordships.

Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Christopher Place, and bring him in safe Custody to the Bar of this House, to answer for his said Offence, and this shall be a sufficient Warrant on that Behalf.

To Richard Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

E Shelburne and Son against Biddulph.

Upon reading the Petition and Appeal of Henry Earl of Shelburne of the Kingdom of Ireland, and James Lord Dunkerron his Son and Heir Apparent, complaining of a Decree of the Court of Exchequer in that Kingdom, of the 16th of February 1746, made in a Cause wherein Nicholas Biddulph Esquire was Plaintiff, and the said Earl Defendant, and praying, "That the same may be rectified, and that the Appellants may be relieved, and that such Order therein may be made by this House, as to their Lordships shall seem meet"

It is Ordered, That the said Nicholas Biddulph may have a Copy of the said Appeal, and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 25th Day of June next, and that Service of this Order on his Attorney in the said Court be deemed good Service.

Whithorne to enter into Recognizance for the said Appellantes.

The House being moved, "That Conway Whithorne of The Inner Temple Gentleman may be permitted to enter into a Recognizance for the said Earl and his Son, they being in the Country"

It is Ordered, That the said Conway Whithorne may enter into a Recognizance for the said Appellants, as desired.

Heretable Jurisdictions in Scotland, Bill.

The Order of the Day being read, for resuming the further Consideration of the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there, and for rendering the Union of the Two Kingdoms more complete"

It was moved, "To commit the same."

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 changing the Civil Constitution of Scotland, which the Act of Union reserved, and taking from the great Families in that Part of the Kingdom, without their Consent, and against their Will, their ancient Rights and Inheritances, to be purchased by the Public, in this Time of Distress, at a great but uncertain Expence, appears to us to be so extraordinary an Exertion of the Power of Parliament, as could only be justified by Necessity of State, or by some general manifest and urgent necessity to the Public.

"2dly, Because we apprehend this Bill not to be justified by any Necessity of State, since it is manifestly and avowedly ineffectual, if calculated for adding any further Security to His Majesty's Government, because it is not so much as pretended that this Bill can have any Effect upon the Influence of Clans, which arises from no legal Authority, and since from these legal Jurisdictions, subject to the Controul, and necessarily under the Direction, of the King's Courts in Scotland, Danger to Government s no more likely to arise, than from the Influence which Rank and Property may acquire in any other Part of His Majesty's Dominions.

"3dly, Because the Utility to the Subjects in that Part of the Kingdom, from this Bill, is not apparend to us, since it is not imagined that a real, a great, and extensive, Benefit should not be desired by the People of Scotland, when tendered to them, but, on the contrary, should meet with strong Opposition, cold Acquiescence, or silent Disgust, and since no single Instance of Grievance has been alleged, but, on the contrary it has been acknowledged that no bad Use has been made of this Part of the ancient Civil Constitution of Scotland, which it is intended by this Bill to abolish at once and for ever.

"4thly, Because we do not conceive the Policy of making, without Necessity, at this Time, by a permanent Law, so considerable an Alteration in Government, not do we apprehend the Wisdom of purchasing an ineffectual and problematical Plan, by a certain but unknown Expence. Neither do we understand how it is consistent with Justice, to abolish the Rights of the Parties concerned, without previously adjusting their Compensation Nor can we reconcile with our Duty to the Public, the delegating to the Court of Session in Scotland the Power of fixing the Sums to be raised upon the People, a new Method of creating a new Load of Expence, in no Degree ascertained, or even suggested to Parliament.

"5thly, Because we apprehend, by the Maxims of the Constitution of this Country, Influence in the Hands of the Crown is more to be feared from the Abuse of Ministerial Power, especially in the Election of Members of Parliament, than when in the Hands of the Nobility and Gentry, whose Rank and Property are naturally the Supports of a free Government And we cannot conceive how the Liberty of Scotland will be better preserved by this Bill, which (in our Opinions) manifestly tends to constitute, at this Juncture, a new Influence over all the Counties of North Britain, by throwing a great and a dangerous Power into the Hands of Ministers, especially when it is avowed that such an Alteration of Government may necessitate the Introduction of a Military Force A fatal Sympton, when it can even be mentioned in a British Parliament, that a Measure avowedly ineffectual for the Safety of Government, and evidently unnecessary for public Utility, must probably be carried into Execution by Military Force, which, if allowed and not exerted, must produce an Influence of the most pernicious Kind, and, if exerted, establishes a Military Government of the most dangerous Nature, because masked under the Form of Civil Government, a Practice tending, in either Case, totally to subvert the Constitution of this Country, and to which therefore we can never consent.

"Oxford & Mortimer.
Litchfield
Shattesbury
Westmorland
Stanhope
Talbot.
Ferrers
Ward
Denbigh
Beauford"

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

Chitty against Attorney General.

Ordered, That the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent, which stands to be heard on Monday next, be put off to the Wednesday following, and the other Causes removed in Course.

E Shelburne and his Son against Biddulph,

The House being informed, "That Mr Edward Clancy attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein Henry Earl of Shelburne and James Lord Dunkerron his Son and Heir Apparent are Appellants, and Nicholas Biddulph Esquire is Respondent"

Pleadings proved.

He was called in, and delivered, at the Bar, the said Papers, 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 Lunæ, vicesimum quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Bangor Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Newcastle.
March Tweeddale.
March Lothian
Comes Warwick.
Comes Carlisle
Comes Litchfield.
Comes Findlater.
Comes Oxford
Comes Ferrers.
Comes Harborough
Comes Orford
Comes Fitzwilliam.
Viscount Fauconberg.
Ds Dudley.
Ds Willoughby Par.
Ds Ward
Ds Mansel.
Ds. Talbot
Ds Sandys.

PRAYERS.

Naturalizing Foreign Protestants in America, Provisions extending, Bill (fn. 1)

Hodie 3a vice lecta est Billa, intituled, "An Act to extend the Provisions of an Act, made in the Thirteenth Year of His present Majesty's Reign, intituled, "An Act for naturalizing such Foreign Pro testants, and others therein mentioned, as are settled or shall settle in any of His Majesty's Colonies in America," to other Foreign Protestants, who conscientiously scruple the taking an Oath"

A Proviso was offered, to be added to the said Bill, by Way of Rider, in the Words following, (videlicet,)

"Provided also, and it is hereby further Enacted, by the Authority aforesaid, That nothing in this Act, or in the said recited Act of the Thirteenth Year of His Majesty's Reign contained, shall extend, or be construed to extend, to naturalize any Person or Persons whatsoever, who, by virtue of an Act made in the Fourth Year of His Majesty's Reign, [intituled, "An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relates to the Children of natural born Subjects of the Crown of England, or of Great Britain,"] are declared and enacted to be entitled to the Benefit of the said Act of the Seventh Year of Her said late Majesty's Reign, but that all such Persons shall be and remain in the same State, Plight, and Condi tion, to all Intents, Constructions, and Purposes whatsoever, as they would have been in if the said recited Act of the Thirteenth Year of His Majesty's Reign, or this Act, had never been made, any Thing in this Act, or in the said recited Act of the Thirteenth Year of His Majesty's Reign, contained to the contrary, in any wise notwithstanding."

And the same, being read Thrice, was agreed to be added to the said Bill.

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. Burroughs and Mr Allen

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

Message from thence, to return the Dutchess of Northumberland's Bill.

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

To return the Bill, intituled, "An Act for vesting the Capital Messuage called Great Frogmore, with the Lands and Grounds thereunto belonging, devised by the Will of Mary late Dutchess of Northumberland, in Trustees, to be sold, for the Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Yarmouth Haven repairing, &c Bill.

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

With a Bill, intituled, "An Act to revive, continue, and amend, an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth, and for depthen ing and making more navigable the several Rivers emptying themselves at the said Town, and also for preserving Ships wintering in the said Haven from Accidents by Fire," to which they desire the Concurrence of this House.

Sheriffs Process, Bill.

A Message was brought from the House of Commons, by the same Gentleman and others.

With a Bill, intituled, "An Act for the Ease of Sheriffs, with regard to the Return of Process," to which they desire the Concurrence of this House.

Seamen in Merchants Service Relief, Bill.

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

With a Bill, intituled, "An Act for the Relief and Support of maimed and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned, in the Merchants Service," to which they desire the Concurrence of this House.

Agents for Prizes, Letters of Attorney, Bill.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to register their Letters of Attorney, appointing them Agents for Prizes, within the Time limited by Law, and for allowing further Time for that Purpose," to which they desire the Concurrence of this House.

Continuing Laws, Bill.

A Message was brought from the House of Commons, by the same Gentleman and others.

With a Bill, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books reprinted Abroad, and first composed or written and printed in Great Britain, for preventing Exactions of the Occupiers of Locks and Wears upon the River of Thomas Westward, and for ascertaining the Rates of Water Carriage upon the said River, and for better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions, and relating to Rice, to Frauds in the Customs, to the clandestine Running of Goods, and to Copper Ore of the British Plantations, and for the free Importation of Cochineal and Indico, and for Punishment of Persons destroying Turnpikes or Locks, or other Works erected by Authority of Parliament," to which they desire the Concurrence of this House.

Ward-holding in Scotland to take away, Bill.

A Message was brought from the House of Commons, by the Lord Dupplin and others.

With a Bill, intituled, "An Act for taking away the Tenure of Ward-holding in Scotland, and for converting the same into Blanch & Feu Holdings, and for regulating the Casualty of Non-entry in certain Cases, and for taking away the Casualties of Single and Life Rent Escheats incurred there by Horning and Denunciation for Civil Causes, and for giving to Heirs and Succestors there a summary Process against Superiors, and for discharging the Attendance of Vassals at Head Courts there, and for ascertaining the Services of Tenants there, and for allowing Heirs of Talizie there to sell Lands to the Crown, for erecting Buildings and making Settlements in The Highlands," to which they desire the Concurrence of this House.

The Six Bills aforementioned were all read the First Time.

Ordered, That the last mentioned Bill be printed.

Adjourn.

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

DIE Martis, 26o Maii.

Domini tam Spritituales quam Temporales præsentes fuerunt.

Arch Cant.
Epus Litch. & Cov.
Epus. Oxon
Epus. Bristol.
Epus. Cicestriens
Epus Landavens.
Epus Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Epus Exon.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Comes Gower, C P S
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux Bolton.
Dux Leeds
Dux Bedford.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March Lothian.
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Chesterfield.
Comes Carlisle.
Comes Berkeley.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Moray.
Comes Findlater.
Comes Portmore.
Comes Granville.
Comes Harborough.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Ashburnham.
Comes Orford.
Comes Leicester.
Comes Bucks.
Comes Fitzwilliam.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Leinster.
Ds. Delawarr.
Ds Dudley
Ds Willoughby Br.
Ds. Willoughby Par.
Ds. Strange
Ds Berkeley.
Ds Cornwallis
Ds Hervey
Ds Mansel.
Ds Bathurst
Ds Cadogan
Ds Ducie
Ds Monson
Ds Raymond
Ds Montfort
Ds. Edgecumbe
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Message from H. C. to prevent Rebels Return from Transportation, &c Bill.

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

To return the Bill, intituled, "An Act to prevent the Return of such Rebels and Traitors, concerned in the late Rebellion, as have been, or shall be, pardoned on Condition of Transportation, and also to hinder then going into the Enemy's Country," and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

and Gwillym's Bill.

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

To return the Bill, intituled, "An Act for Sale of certain Estates, in the Counties of Hereford, Monmouth, and Gloucester, of Robert Gwillym Esquire and Robert Gwillym his Son, for discharging Encumbrances affecting the same, and for settling, in Lieu thereof, other Lands and Hereditaments, in the County of Lancaster, and for other Purposes therein mentioned," and to acquaint this House, that they have agreed to the same, without any Amendment.

Yarmouth Haven, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to revive, continue, and amend, an Act made in the Ninth Year of the Reign of His late Majesty King George, the First, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves at the said Town, and also for preserving Ships wintering in the said Haven from Accidents by Fire."

Ordered, That the said Bill be committed to the Consideration of the Lords following, (videlicet,)

Ld. President.
L Privy Seal
D. Beaufort.
D. Leeds.
D. Montagu.
D. Argyll
D Manchester.
M. Lothian.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Berkeley.
E. Coventry.
E. Jersey
E. Sutherland.
E. Moray
E. Findlater.
E. Granville
E. Harborough.
E. Bucks.
E. Fitzwilliam.
Vis. Townshend.
Vis. Harcourt.
L B Oxford.
L B Landaff
L B Bath & Wells
L B Bangor
L. B St Davids.
L. B. Exeter.
L. Delawarr.
L Dudley
L Willoughby Par.
L Strange
L Cornwallis.
L. Bathurst.
L. Cadogan.
L Monson
L Raymond
L Edgecumbe.
L Sandys
L Herbert.

Their Lordships, or any Five of them, to meet To morrow, at the usual Time and Place, and to adjourn as they please.

Seamen in Merchants Service Relief, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Relief and Support of maimed and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned, in the Merchants Service."

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

Sheriffs Return of Process, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Ease of Sheriffs, with regard to the Return of Process."

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

Continuing Laws, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books reprinted Abroad, and first composed or written and printed in Great Britain, for preventing Exactions of the Occupiers of Locks and Wears upon the River of Thames Westward, and for ascertaining the Rates of Water Carriage upon the said River, and for better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions, and relating to Rice, to Frauds in the Customs, to the clandestine Running of Goods, and to Copper Ore of the British Plantations, and for the free Importation of Cochineal and Indico, and for Punishment of Persons destroying Turnpikes or Locks, or other Works erected by Authority of Parliament"

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

Agents for Prizes, Letters of Attorney, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to register their Letters of Attorney, appointing them Agents for Prizes, within the Time limited by Law, and for allowing further Time for that Purpose"

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

Chitty against Attorney General.

Whereas To-morrow is appointed, for hearing the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent.

It is Ordered, That the Hearing of the said Cause be put off to that Day Three Weeks.

Heretable Jurisdictions in Scotland, abolishing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there, and for rendering the Union of the Two Kingdoms more complete."

After some Time, the House was resumed.

And the Lord Delawarr reported from the said Committee, "That they had made a Progress in the said Bill."

Ordered, That the House be put into a Committee again, to consider further of the said Bill, To morrow, and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurn, vicesimum septimum diem instants Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Archrep. Cant.
Epus. Roffen
Epus Bristol
Epus Cicestriens.
Epus Landavens.
Epus Bangor.
Epus Asaphen.
Epus Meneven.
Epus. Exon.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton
Dux Leeds.
Dux Bedford
Dux Montagu.
Dux Argyll
Dux Newcastle.
Dux Portland.
Dux Manchester.
March Tweeddale.
March Lothian.
Comes Lincoln
Comes Warwick
Comes Chesterfield.
Comes Holdernesse.
Comes Coventry.
Comes Jersey.
Comes Poulet
Comes Cholmondeley.
Comes Morton.
Comes Moray.
Comes Findlater.
Comes Portmore.
Comes Granville.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter
Comes Ashburnham.
Comes Orford.
Comes Bath.
Comes Leicester.
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount Harcourt.
Viscount Falmouth.
Ds Delawarr.
Ds Dudley
Ds Willoughby Par.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Mansel.
Ds. Bathurst.
Ds Cadogan.
Ds Ducie.
Ds. Monson.
Ds. Ilchester
Ds Edgecumbe.
Ds Sandys.
Ds. Herbert.

PRAYERS.

Yarmouth Haven, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to revive, continue, and amend, and Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, "An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth, and for depthening and making more navigable the several Rivers emptying themselves at the said Town, and also for preserving Ships wintering in the said Haven from Accidents by Fire," 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"

Rebels Return from Transportation, &c to prevent, Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act to prevent the Return of such Rebels and Traitors, concerned in the late Rebellion, as have been, or shall be, pardoned on Condition of Transportation, and also to hinder their going into the Enemy's Country."

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

And a Message was sent to the House of Commons, by Mr. Holford and Mr. Bennett, to acquaint them therewith.

Ward-holding in Scotland, to take away, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for taking away the Tenure of Ward-holding in Scotland, and for converting the same into Blanch and Feu Holdings, and for regulating the Casualty of Nonentry in certain Cases, and for taking away the Casualties of Single and Life Rent Escheats incurred there by Horning and Denunciation for Civil Causes; and for giving to Heirs and Successors there a summary Process against Superiors, and for discharging the Attendance of Vassals at Head Courts there, and for ascertaining the Services of Tenants there, and for allowing Heirs of Tailzie there to sell Lands to the Crown, for erecting Buildings and making Settlements in The Highlands."

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

Continuing Laws, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue several Laws, for prohibiting the Importation of Books re-printed Abroad, and first composed or written and printed in Great Britain, for preventing Exactions of Occupiers of Locks and Wears upon the River of Thames Westward, and for ascertaining the Rates of Water-carriage upon the said River, and for better securing the lawful Trade of His Majesty's Subjects to and from The East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions; and relating to Rice, to Frauds in the Customs, to the clandestine Running of Goods, and to Copper Ore of the British Plantations, and for the free Importation of Cochineal and Indico, and for Punishment of Persons destroying Turnpikes or Locks, or other Works erected by Authority of Parliament."

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."

Agents for Prizes, Letters of Attorney, Bill.

The like Proceeding was had, upon the Bill, intituled, An Act to indemnify Persons who have omitted to register their Letters of Attorney, appointing them Agents for Prizes, within the Time limited by Law, and for allowing further Time for that Purpose."

And the same Report was made.

Sheriffs Process, Return of, Bill.

The like Proceeding was had, upon the Bill, intituled, "An Act for the Ease of Sheriffs, with regard to the Return of Process."

And the same Report was made.

Seamen in Merchants Service, Relief, Bill.

The like Proceeding was had, upon the Bill, intituled, "An Act for the Relief and Support of maimed and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned, in the Merchants Service."

And the same Report was made.

Heretable Jurisdictions in Scotland, abolishing, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice, throughout that Part of the United Kingdom, by the King's Courts and Judges there; and for rendering the Union of the Two Kingdoms more complete."

After some Time, the House was resumed.

And the Lord Delawarr 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 Tomorrow.

Adjourn.

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

DIE Jovis, 28o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus Roffen.
Epus. Landavens
Epus. Bangor
Epus. Asaphen.
Epus. Meneven.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Dux Devon, Senescallus
Dux Grafton, Camerarius.
Dux Bolton.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
March Tweeddale.
Comes Warwick.
Comes Corlisle.
Comes Jersey.
Comes Cholmondeley.
Comes Morton.
Comes Moray
Comes Findlater.
Comes Granville.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Bath.
Ds Delawarr.
Ds Willoughby Par.
Ds Clifton
Ds Strange.
Ds. Berkeley.
Ds. Hervey.
Ds. Ducie
Ds Monson.
Ds Edgecumbe.
Ds. Sandys
Ds Herbert.

PRAYERS.

Sinking Fund, &c Bill.

A Message was brought from the House of Commons, by Mr Fane and others,

With a Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forey seven, and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned, and for the further appropriating the Supplies granted in this Session of Parliament, and for applying a certain Sum of Money, for defraying the Charge of the Allowances to several Officers and Private Gentlemen of the Two Troops of Horse Guards, and Three Regiments of Horse, lately reduced, for the Year One Thousand Seven Hundred and Forty-seven, and for continuing the Bounties on the Exportation of British and Irish coarse Linens," to which they desire the Concurrence of this House.

Legatees of Sir Jos. Jekyll, Bill.

A Message was brought from the House of Commons, by Sir Henry Liddell and others.

With a Bill, intituled, "An Act to enable His Majesty to allow to the Residuary Legatees of Sir Joseph Jekyll Knight, late Master of the Rolls, deceased, Part of the Legacy given by his Will to the Use of the Sinking Fund," to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

The King's Consent to it signished.

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the last mentioned Bill, was graciously pleased to consent that the House may do therein as they think fit."

Heretable Jurisdictions in Scotland, abolishing, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for taking away and abolishing the Heretable Jurisdictions in that Part of Great Britain called Scotland, and for making Satisfaction to the Proprietors thereof, and for restoring such Jurisdictions to the Crown, and for making more effectual Provision for the Administration of Justice throughout that Part of the United Kingdom by the King's Courts and Judges there, and for rendering the Union of the Two Kingdoms more complete," was committed, the Amendments made by the Committee to the said Bill.

And the same were read, by the Clerk.

And, being read a Second Time, some of them were agreed to, and others agreed to with Amendments.

And the last Amendment [Clause D] being likewise read a Second Time, was agreed to.

Ordered, That the further Consideration of the said Report be adjourned to Monday next.

Seamen in the Merchants Service, Relief, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief and Support of maimed and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned, in the Merchants Service."

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

It was Resolved in the Affirmative.

Agents for Prizes, Letters of Attorney, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to register their Letters of Attorney, appointing them Agents for Prizes, within the Time limited by Law, and for allowing further Time for that Purpose."

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

It was Resolved in the Affirmative.

Sheriffs Return of Process, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Ease of Sheriffs, with regard to the Return of Process"

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

It was Resolved in the Affirmative.

Continuing Laws, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue several Laws, for prohibiting the Importatation of Books re-printed Abroad, and first composed or written and printed in Great Britain, for preventing Exactions of the Occupiers of Locks and Wears upon the River of Thames Westward, and for ascertaining the Rates of Water Carriage upon the said River, and for better securing the lawful Trade of His Majesty's Subjects to and from the East Indies, and for the more effectual preventing all His Majesty's Subjects trading thither under Foreign Commissions, and relating to Rice, to Frauds in the Customs, to the clandestine Running of Goods, and to the Copper Ore of the British Plantations, and for the free Importation of Cochineal and Indico; and for Punishment of Persons destroying Turnpikes or Locks, or other Works erected by Authority of Parliament."

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

It was Resolved in the Affirmative.

Yarmouth Haven, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to revive, continue, and amend, an Act made in the Ninth Year of the Reign of His late Majesty King George the First, intituled, An Act for clearing, depthening, repairing, extending, maintaining, and improving, the Haven and Piers of Great Yarmouth; and for depthening and making more navigable the several Rivers emptying themselves at the said Town, and also for preserving Ships wintering in the said Haven from Accidents by Fire."

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 Five preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Holford and Mr Bennett.

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

Countess of Anglesey against E. Anglesey.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Anne Countess of Anglesey is Appellant, and Richord Earl of Anglesey Respondent"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Causes put off.

Ordered, That the Cause wherein Alexander Garden is Appellant, and Thomas Rigg Respondent, which stands to be heard on Monday next, be put off to the Wednesday following, and the other Causes to come on in Course, after the Cause wherein Joseph Chitty is Appellant, and His Majesty's Attorney General Respondent.

Adjourn.

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

DIE Veneris, 29o Maii.

Domini Spirituales præsentes fuerunt:

Epus. Roffen.
Epus. Gloucestr.
Epus. Bristol.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Epus. Exon

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of a former Commission.

In order to solemnize this Day, being, by Act of Parliament appointed to be observed as a Day of Publick Thanksgiving, for the Restitution of King Charles the Second and Royal Family, and the Restoration of the Government,

Adjourn.

Dominus Capitalis Jasticiarius Banci Regii declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Junii jam prox sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Deest in Orinali, vide P. 112 b 113. b and Journals of H C. Vol. XXV P 316 a &c.