House of Lords Journal Volume 23: April 1729, 11-20

April 1728, 11-20

DIE Martis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Campbell versus Akenhead.

The Answer of John Aikenhead of Jaw Esquire, to the Appeal of the Honourable John Campbell Esquire:

Smollet versus Buntin & al.

As also, the Answer of William Buntin and others, to the Appeal of George Smollet Provost of the Borough of Dumbarton and others;

Were brought in.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for better paving and cleansing the Streets in the City and Liberty of Westminster, and other Places within the Limits of the Weekly Bills of Mortality, in the County of Middlesex;" to which they desire the Concurrence of this House.

Duke of Kent's Bill; Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of Two undivided Fourth Parts of the Manor and Lands of and in Steane, in the County of Northampton, the Inheritance of Lady Mary Grey and Jemima Campbell; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses," stands committed, be revived, and meet To-morrow Morning.

Enfield Road to repair, Bill.

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

With a Bill, intituled, "An Act for making more effectual the Acts passed, for repairing the Road from The Stones End in Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road, in the Part of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch House in Edmonton to the Market Place in Enfield;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. with Bills; and to return Lord Molyneux's and Perrot's Bills.

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

With a Bill, intituled, "An Act for the more effectual repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir George Caswall and others:

With a Bill, intituled, "An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for selling Part of the settled Estate, lying in the County of Lancaster, of Richard Lord Viscount Molyneux, in the Kingdom of Ireland, for raising Money to discharge his Father's Incumbrances thereon; and likewise for making Provision for his Brothers and Sisters, and for the Payment of his own Debts; and for settling other Lands, as an Equivalent for the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

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

To return the Bill, intituled, "An Act for vesting the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire (which lie dispersedly), on himself and his Heirs, or in Trust for him and his Heirs, free from the Charges of his Marriage Settlement, on settling other Estates of the same Value, in Lieu thereof, to the same Uses as the Manors and Lands so to be vested are and stand settled;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Paving Streets in Westminster, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for better paving and cleansing the Streets in the City and Liberty of Westminster, and other Places within the Limits of the Weekly Bills of Mortality, in the County of Middlesex."

Tenants of Harrow Manor to be heard against Harrow Bill:

Upon reading the Petition of the several Persons whose Names are subscribed, being Tenants by Copy of Court Roll of the Manor of Harrow, alias Sudbury, and of the Manor of the Rectory of Harrow, or One of them; praying Leave to be heard, by their Counsel or otherwise, against the Bill, intituled, "An Act to enable the Lord, or Lords, of the Manor of Harrow, alias Sudbury, and of the Manor of the Rectory of Harrow, for the Time being, to make Agreements with the Copyhold Tenants of the said Manors, as are herein mentioned, before the passing thereof:"

It is Ordered, That the said Petition be, and is hereby, referred to the Consideration of the Lords Committees to whom the said Bill stands committed; and that the Petitioners may be heard, before their Lordships, as desired; as may Counsel for the Bill, at the same Time.

Campbell versus Aikenhead.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the Honourable John Campbell Esquire is Appellant, and John Aikenhead of Jaw Esquire is Respondent:"

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

Smollet & al. versus Buntin & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein George Smollet Provost of the Borough of Dumbarton, and others, are Appellants, and William Buntin and others are Respondents:"

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

The King to visit Manches Church, Bill.

The Order of the Day being read, for hearing Counsel, upon the Petition of the Fellows of Manchester Colledge, against the Bill, intituled, "An Act to empower His Majesty to visit the Collegiate Church of Manchester, during such Time as the Wardenship of the said Church is, or shall be, held in Commendam with the Bishopric of Chester:"

It is Ordered, That the Petitioners may be heard, by their Counsel, before the Third Reading of the said Bill, on Friday next; and that Counsel may be heard, for the said Bill, at the same Time.

Sparrow & al. versus Shaw:

This Day being appointed, for arguing the Errors assigned upon the Writ of Error depending in this House, wherein William Sparrow and others are Plaintiffs, and William Shaw is Defendant:

Arguing Errors put off, Judges to attend.

The written Agreement of the Agents on both Sides, annexed to the Petition of the Plaintiffs in Error, which was read, and ordered to lie on the Table, the Second Day of this Instant April, was again read.

And the Agents, attending, were called in, and heard.

And being withdrawn:

It is Ordered, That on Thursday Sevennight this House will hear the said Errors argued in this Case, by Counsel, at the Bar, peremptorily; and that the Judges do then attend this House.

Messages from H. C. with Bills.

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

With a Bill, intituled, "An Act to explain and amend an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all Combinations amongst any Brickmakers or Tilemakers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Church;" to which they desire the Concurrence of this House.

Governor and Company of the Bank of Scotland to answer peremptorily.

The House was informed, "That the Governor and Company of the Bank of Scotland, who, by Order of the Eleventh of March last, were required to put in their Answer to the Appeal of the Governor and Company of the Royal Bank of Scotland, and Andrew Cochran Merchant, on or before the Eighth Instant, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Hugh Macdonald Writer in Edinburgh, of the Service of the said Order, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.

Wilts Highways to repair, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent."

Leomister Roads to repair, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford."

Moodie admitted in Forma Pauperis:

Upon reading the Petition of Elizabeth Moodie Spinster; setting forth, "That she has amended her Appeal, and paid the Costs ordered by this House on so doing, by the Assistance of her Friends; but, through Poverty, is unable to prosecute the same otherwise than in Forma Pauperis; and praying so to be admitted; and that Mr. Attorney General and Mr. William Hamilton may be assigned her for her Counsel, and Mr. Alexander Hamilton her Solicitor:"

And thereupon an Affidavit made by the Petitioner, of her Poverty, being read:

Counsel and Solicitor assigned.

It is Ordered That the Petitioner be admitted in Forma Pauperis, accordingly; and that the Counsel and Solicitor beforementioned be assigned, according to the Prayer of the said Petition.

Spittlefields a distinct Parish, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Church."

Bricks and Tilcs, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all Combinations amongst any Brickmakers or Tilemakers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

Birch to change his Name to Wyrley, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable Humphrey Wyrley Birch Esquire, and his Heirs and Issue Male, to take and use the Surname of Wyrley, pursuant to the Deed of Settlement made in the Marriage of Peter Birch Doctor in Divinity, with the Daughter of Humphrey Wyrley Esquire, deceased."

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

It was Resolved in the Affirmative.

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, without any Amendment.

South Sea Trustees to discharge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to discharge the Trustees appointed by an Act of the Seventh Year of His late Majesty's Reign, for raising Money upon the Estates of the late Directors of the South Sea Company, and others, of their Trust; and to vest in the said Company such of the Estates which were vested in the said Trustees as remain undisposed of, as also the Produce of such Estates and Effects as have been disposed of by the Trustees."

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. Allen:

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

Adjourn.

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

DIE Mercurii, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Moodie versus Stewart.

The Answer of John Stewart of Burgh Esquire, to the amended Appeal of Elizabeth Moodie Spinster, was brought in.

Wilts Highways to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Highways between Sheppard's Shord and Horseley Upright Gate, leading down Bagdown Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent."

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

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Paving Streets in Westminister, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for better paving and cleansing the Streets in the City and Liberty of Westminster, and other Places within the Limits of the Weekly Bills of Mortality, in the County of Middlesex."

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

Martin's Appeals from the Delegates in Scotland put off.

The Orders of the Day being read, for taking into further Consideration the Appeals of William Martine of Harwood Esquire; complaining of Decrees of the Court of Delegates in Scotland:

It is Ordered, That the said Appeals be taken into further Consideration on this Day Fortnight.

Relief of Debtors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report to the House, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Saturday next.

Bribery in Elections to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual preventing Bribery and Cor ruption in the Elections of Members to serve in Parliament."

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

Geoghegan to take the Surname of Stafford.

A Message was brought from the House of Commons, by the Lord Finch and others:

With a Bill, intituled, "An Act to enable Arthur Geoghegan, alias Stafford, Esquire, to take upon him the Surname of Stafford only;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Jovis, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Duke of Kent's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Two undivided Fourth Parts of the Manor and Lands of and in Steane, in the County of Northampton, the Inheritance of Lady Mary Grey and Jemima Campbell; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the same, with some Amendments."

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

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

Carter's Bill:

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of William Carter Esquire, in the Counties of Denbigh, Flint, and Carnarvon; and to settle other Manors and Lands in the County of Lincoln, of greater Value, to the same Uses," was committed: That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the same, with some Amendments."

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

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

Bricks and Tiles Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all Combinations amongst any Brickmakers or Tile-makers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

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

Enfield Road to repair, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual the Acts passed, for repairing the Road from the Stones End in Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton to the Marketplace in Enfield."

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

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Spittlefields a distinct Parish, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Church."

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

Geoghegan to take the Surname of Stafford.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Arthur Geoghegan, alias Stafford, Esquire, to take upon him the Surname of Stafford only."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:

Their Lordships, or any Five of them; to meet on Saturday next, at the same Place; and to adjourn as they please.

Pratt versus Goodwin & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein John Pratt Esquire is Appellant, and John Goodwin, William Hopkins, and others, are Respondents:"

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.

State of the Nation considered.

The Order of the Day being read, for taking into further Consideration the State of the Nation:

And the Copies of the several Instructions and Letters from His Majesty's Principal Secretary of State to Vice Admiral Hosier, and the Commanders in Chief who succeeded him in The West Indies:

As also, Copies of Letters from the said Vice Admiral and Commanders in Chief to His Majesty's Principal Secretary of State, since the Year 1725, until the Arrival of the King of Spain's Orders in The West Indies, for the Execution of the Preliminary Articles:

As likewise, some Copies of Letters which the Commissioners of the Admiralty have received, relating to Depredations made by the Spaniards on His Majesty's Subjects in America, for Five Years past; being read:

It is Ordered, That the further Consideration of this Matter be adjourned till To-morrow.

Buchan versus Buchan.

Whereas To-morrow is appointed, for hearing the Cause wherein Captain Charles Buchan is Appellant, and Mr. Thomas Buchan is Respondent:

It is Ordered, That the Hearing the said Cause be adjourned till Tuesday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum octavum diem instantis Aprilis, hora undecima Auror. Dominis sic decernentibus.

DIE Veneris, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

D. of Kent's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of Two undivided Fourth Parts of the Manor and Lands of and in Steane, in the County of Northampton, the Inheritance of Lady Mary Grey and Jemima Campbell; and for laying out the Money arising by such Sale in the Purchase of an entire Estate, to be settled to the same Uses."

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

Message to H. C. with it.

It was Resolved in the Affirmative.

A Message was sent to the House of Commons, by Mr. Tothill and Mr. Allen:

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

Carter's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of William Carter Esquire, in the Counties of Denbigh, Flint, and Carnarvon; and to settle other Manors and Lands, in the County of Lincoln, of greater Value, 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. Tothill and Mr. Allen:

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

Leominster Road to repair, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford."

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

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Tobacco Bill:

The Order of the Day being read, for the Third Reading of the Bill, intituled, "An Act to repeal a Clause in an Act made in the Ninth Year of His late Majesty's Reign, which prohibits the Importation of Tobacco stript from the Stalk or Stem;" and for the Commissioners of the Customs to attend:

They were called in.

And the said Bill was read the Third Time.

Then the said Commissioners were asked by the Lord Chancellor, "If they had been apprized of the Contents of the said Bill; and what was their Opinion of the Repeal of the Clause thereby intended?"

Whereupon Sir John Evelyn acquainted the House, That the Commissioners of the Customs had been consulted touching this Matter, and had made a Report thereupon to the Treasury; wherein they had given their Opinion, That the Repeal of the said Clause, which was desired by the Merchants, would not only be beneficial to them, but advantageous to the Revenue."

Then they were directed to withdraw.

And, the Question being 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. Tathill and Mr. Allen:

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

Spittlefields a distinct Parish, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Parish."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

His Majesty to visit Manchester Church, Bill:

The Order of the Day being read, for hearing Counsel, upon the Petition of the present Fellows of Christ's Colledge, in Manchester, founded by King Charles the First, against the Bill, intituled, "An Act to empower His Majesty to visit the Collegiate Church of Manchester, during such Time as the Wardenship of the said Church is, or shall be, held in Commendam with the Bishopric of Chester;" as also Counsel for the Bill, before the Third Reading thereof:

Inquiry was directed to be made, "If either Counsel or the Petitioners attended."

Which being done; and the House informed, nobody attended:

The Bill was read the Third Time.

And a Proviso, by Way of Rider, was offered, to be added thereunto, "That if any Dispute shall arise, touching the Election or Admission of any of the present Members of the said College within the Time limited by the Charter, the same shall be determinable by the Course of the Common Law, and not otherwise."

And the same, being read Thrice by the Clerk, was agreed to be made Part of the Bill.

And the Question being put, "Whether this Bill, with the said Rider, 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. Tothill and Mr. Allen:

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

Message from thence, to return Warneford's Bill.

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

To return the Bill, intituled, "An Act for exemplifying the last Will of Edmund Warneford Esquire, and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland;" and to acquaint this House, that they have agreed to the same, without any Amendment.

State of the Nation considered.

The House (according to Order) proceeded to take into further Consideration the State of the Nation.

And the Residue of the Papers (read in Part Yesterday) which were laid before this House, as well in relation to the Squadron of Ships sent to The West Indies, as to the Depredations made by the Spaniards on His Majesty's Subjects in America, being read:

Motion for a Resolution concerning the Epence of Admiral Hosier's Squadron:

It was proposed, "To Resolve, that it appears to this House, that the Expence of the Squadron sent to The West Indies, under the Command of Vice Admiral Hosier, having been borne by this Nation alone though designed to prevent the Spaniards from seizing the Effects belonging to His Majesty's Allies, as well as His Subjects which were on Board the Flota or Galleons; and from applying the Treasure to disturb the Peace, and invade the Liberties, of Europe, has been an unreasonable Burthen upon this Kingdom."

After Debate;

The Question was put thereupon:

And it was Resolved in the Negative.

Protest against rejecting it.

"Dissentrent.

"1st, Because we conceive, that our Allies were at least as much concerned as ourselves, to prevent the Spaniards from disturbing the Peace, and invading the Liberties of Europe, if there was at that Time sufficient Foundation to apprehend such Attempts on the Part of Spain; and because our Allies (the French in particular) had a much greater Share in the Effects of the Galleons than the Subjects of this Nation, and by Consequence were much more concerned in Interest to prevent the King of Spain from seizing those Effects.

"2dly, Because we not only took the whole Charge of this Expedition upon ourselves; but have increased our National Forces, taken great Numbers of Foreign Troops into our Pay, and contracted to pay divers Subsidies to Foreign Princes, when it it has not appeared to us in any authentic Manner (as we apprehend) that our Allies have taken upon themselves any Expence proportionable to this, in Consequence of the Hanover Treaty.

"3dly, Because we are convinced, that the National Expence and Losses, occasioned by this Expedition, do not only very far exceed any Interest which the Subjects of this Nation can be supposed to have in the Galleons, but have likewise been much more considerable than any Detriment which has accrued to Spain by delaying the Return of the Galleons.

"4thly, That, by taking this Expedition solely upon ourselves, we drew the whole Resentment of the Court of Spain upon this Nation; and gave the French an Opportunity of healing the Breaches which had been made between those Two Courts, of acquiring a greater Share than ever they had in a most beneficial Branch of Trade, and of acting rather the Part of Mediators than that of Parties in the Disputes.

"5thly, We cannot help being of Opinion, that this Burthen was the more unreasonable, since it does not appear that this Expedition has had the Effect of obliging the Spaniards clearly to adjust the Points in Dispute between us, or effectually to secure to our Merchants a just Satisfaction for the great Losses which they have sustained by the Seizures and Captures made by the Spaniards.

"Beaufort.
Scarsdale.
Strafford.
Northampton.
Gower.
Coventry.
Montjoy.
Craven.
Oxford & Mortimer.
Foley.
Plimouth.
Willoughby de Broke.
Litchfield.
Bathurst."

Then it was moved, "To adjourn the further Consideration of the State of the Nation till this Day Sevennight."

The Question was put, "Whether the further Consideration of the State of the Nation shall be adjourned to this Day Sevennight?"

It was Resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Sabbati, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Sabbati, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Geoghegan to take the Surname of Stafford, Bill:

The Earl of Westmorland reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Arthur Geoghegan, alias Stafford, Esquire, to take upon him the Surname of Stafford only," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."

Then the said Bill was read the Third Time.

And, the Question being 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. Tothill and Mr. Allen:

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

Panchaud and Jullian, Leave for a Bill.

Upon reading the Petition of Isaac Panchaud and John Jullian; praying Leave to bring in a Bill, for their Naturalization:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Sir John Schaw versus Lady Houstoun.

Whereas Monday next is appointed, for hearing the Cause wherein Sir John Schaw Baronet is Appellant, and Dame, Margaret Schaw, alias Houstoun, is Respondent:

Causes put off.

It is Ordered, That the Hearing thereof be adjourned to Wednesday next; and that the other Causes on Cause-days be removed in Course.

Spittlefields a distinct Parish, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Parish."

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. Tothill and Mr. Allen:

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

Greenwich Hospital Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual collecting, in Great Britain and Ireland, and other Parts of His Majesty's Dominions, the Duties granted for the Support of the Royal Hospital at Greenwich."

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. Tothill and Mr. Allen:

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

Moodie versus Stewart.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth Moodie is Appellant, and John Stewart Esquire is 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.

Bricks and Tiles, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Twelfth Year of His late Majesty's Reign, intituled, "An Act to prevent Abuses in the making of Bricks and Tiles, and to ascertain the Dimensions thereof; and to prevent all unlawful Combinations amongst the Brick-makers or Tile-makers within Fifteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."

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

And the Earl of Westmorland reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report to the House, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Monday next.

Boval versus Theobalds.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Frances Boval Widow is Appellant, and Peter and Joseph Theobalds are Respondents:"

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.

Chapel of Ease in Leeds to make a Benefice, Bill.

A Message was brought from the House of Commons, by Sir William Milner and others:

With a Bill, intituled, "An Act to make the Chapel of Ease of The Holy and Undrvided Trinity, in the Town of Leeds, in the County of York, a perpetual Cure and Benefice; and for defraying of some Expences in finishing the said Chapel yet remaining unpaid;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the E. of Grandison'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 settling the Estates of John Earl of Grandison, in the Kingdom of Ireland, and James Fitzgerald Villiers Esquire, commonly called Lord Villiers, his Son and Heir Apparent, pursuant to an Agreement made before, and in Consideration of, the Marriage of the said Lord Villiers with Jane his Wife;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Relief of Debtors, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons; and for the more easy Recovery of Debts," 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.

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

Murphy & al. Petition to amend Appeal.

A Petition of Samuel Murphy, Warner Knap and Jane his Wife, Thomas Pembrooke and Sarah his Wife, was presented to the House, and read; praying Leave to amend their Appeal, to which William Browne and Hugh Browne are Respondents, by striking out Four of the Names of the said Appellants, and setting out the last Order or Decree of the Twenty-sixth of July last, and the Time of passing the same; the Respondents not having yet answered the said Appeal.

And thereupon Mr. Dixon, the Petitioners Agent; being called in; and asked, "If he had given Notice of this Petition to the Respondents Agent?" and answering in the Negative:

He was directed to withdraw.

And the said Petition was ordered to lie on the Table till Tuesday next.

Adjourn.

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