Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 23: May 1729', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol23/pp412-440 [accessed 6 October 2024].
'House of Lords Journal Volume 23: May 1729', in Journal of the House of Lords Volume 23, 1727-1731( London, 1767-1830), British History Online, accessed October 6, 2024, https://www.british-history.ac.uk/lords-jrnl/vol23/pp412-440.
"House of Lords Journal Volume 23: May 1729". Journal of the House of Lords Volume 23, 1727-1731. (London, 1767-1830), , British History Online. Web. 6 October 2024. https://www.british-history.ac.uk/lords-jrnl/vol23/pp412-440.
In this section
May 1728
DIE Jovis, 1o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message to H. C. for Corbet, in then Custody, to attend, about Bambridge s Bill.
The Lord Chancellor acquainted the House, "That, by a Letter from Mr. Bambridge to the Clerk, he desired that one Richard Corbett, a Tipstaff, who, as he alledged, was One of his most material Witnesses, and in Custody of the Serjeant at Arms attending the House of Commons, might attend this House."
Whereupon, a Message was sent to the House of Commons, by Mr. Masham and Mr. Allen:
To acquaint them, "That this House, having under their Consideration the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto, do desire that Richard Corbett, a Tipstaff, in Custody of the Serjeant at Arms attending that House, may be produced before this House, when desired."
Taking Ouths, Bill.
The Earl of Findlater (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months, and for limiting other Times for such Qualifications," was committed, the Amendments made by the Committee to the said Bill, as follow; (videlicet,)
"At the End of the Bill, add a Clause, marked X:
"Whereas all Persons, having Command or Place of Trust from or under His Majesty, or who are of the Household, or in the Service, of His Majesty, are bound, by an Act passed in the Twenty-fifth Year of the Reign of the late King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," to make and subscribe a Declaration against Transubstantiation in the Sacrament of the Lord's Supper; and the sworn Servants of the King's or Queen's Majesty are bound by an Act, made in the Thirtieth Year of the Reign of the said King Charles the Second, intituled, "An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament," to repeat and subscribe a like Declaration against Transubstantiation, together with some Additions; and the Declaration only against Transubstantiation being, as to these Persons, sufficient: Be it further Enacted, by the Authority aforesaid, That so much of the said last mentioned Act as relates to the sworn Servants of the King's or Queen's Majesty shall be repealed; and if any such Person hath offended, contrary to such Part of the said Act intended to be hereby repealed, he shall be freed from all Penalties and Incapacities incurred thereby."
"At the End of the Title, add, ["as also for the Repeal of so much of an Act, passed 30o Caroli 2di, as relates to the sworn Servants of the King or Queen's Majesty."]
Which Amendments, being read Twice by the Clerk, were agreed to by the House.
Watermen's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Obviating Doubts in an Act concerning forfeited Estates in Scotland, Bill.
A Message was brought from the House of Commons, by Sir Archibald Grant and others:
With a Bill, intituled, "An Act for obviating any Doubts or Difficulties that may arise from an Act, passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act, passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Bribery in Elections, to prevent, Bill.
The Order of the Day, for receiving the Report of the Amendments made by the Committee of the whole House to whom the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," was committed, being read:
Report of Amendments to be received.
It is Ordered, That the said Report be received on Monday next.
Royal Bank of Scotland versus Old Bank.
This Day being appointed, to hear Counsel, upon the Petition and Appeal of the Governor and Company of The Royal Bank of Scotland and Andrew Cochran Merchant in Glasgow; complaining of several Interlocutors of the Lords of Session in Scotland, made on the Behalf of the Bank commonly called The Old Bank of Scotland; as also to hear Counsel, in the First Place, as to the Manner of the Appeal's lying before the House:
And the Counsel on both Sides being called in, and heard accordingly; and withdrawn:
After Debate;
It was proposed, "To proceed to hear the said Appeal."
And the same being objected to;
And, the Question being put thereupon:
It was Resolved in the Affirmative.
Ordered, That this House will proceed to hear the Merits of this Appeal on Tuesday next; and the Lords to be summoned.
Counsel for Bambridge:
Upon reading the Petition of Thomas Bambridge, Prisoner in Newgate; praying, "In regard Mr. Fazakerly, who is assigned Counsel for the Petitioner, cannot attend To-morrow, that Mr. Serjeant Eyre may be assigned in his Stead:"
It is Ordered, That Mr. Serjeant Eyre be assigned Counsel for the Petitioner accordingly.
Leave for Corbett to be brought:
The Messengers sent to the House of Commons return Answer:
That the Commons have ordered, That the Serjeant at Arms attending that House, or his Deputy, do attend this House, with Richard Corbett, as is desired.
Corbett to be brought:
Ordered, That the said Richard Corbett be brought to this House To-morrow.
Witnesses for the Bill to attend:
Ordered, That Richard Bishop, Nicholas Coomer, and John Jones, do attend this House To-morrow; in order to be examined, as Witnesses for the Bill to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Office relating thereto; and that John Butler, Martin, and Thomas Farrington, Prisoners in The Fleet, be brought to this House, in order to be examined for the said Bill, at the same Time.
General Order for Witnesses for Bambridge's Bill:
Ordered, That the Clerk do issue Orders for such Witnesses for the said Bill as shall be desired.
Lords to be summoned.
Ordered, That the Lords be summoned to attend this House To-morrow, on Occasion of the proceeding upon the said Bill.
Oyster Fishery in River Medway, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway, and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent."
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. Masham 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 & in diem Veneris, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 2o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Peters's Petition to lie on the Table.
Upon reading the Petition of Francis Peters; praying, "In regard he is totally unacquainted with Mr. Bambridge's Case, and knew not till this Morning he was appointed his Solicitor, that he may have the Leave of this House, and be excused from serving him:"
It is Ordered, That the said Petition do lie on the Table.
Bambridge's Bill.
The Order of this House, on Monday last, for adjourning the Second Reading of the Bill, intituled, An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto," to this Day; and for hearing Counsel, and examining Witnesses, for and against the said Bill, before the said Second Reading; being read:
Counsel were accordingly called in; and the said Thomas Bambridge was brought to the Bar.
Then the Counsel for the Bill being directed to proceed; they opened the Nature of the Allegations thereof; and produced several Witnesses, in order to prove, that Escapes out of the said Prison had been permitted by the said Bambridge; and that Cruelties and Barbarities had by him been inflicted on some of the Prisoners.
And then the Counsel were directed to withdraw; and the Prisoner to be taken from the Bar.
Ordered, That the farther proceeding in this Matter be adjourned till To-morrow, at Eleven a Clock; and that the said Thomas Bambridge be remanded, and brought again at that Time; and that the several Prisoners ordered to be brought as Witnesses, as well from Newgate as The Fleet, be also remanded, and brought again at the same Time; and that the several other Witnesses, both for and against the Bill, who were ordered to attend this Day, do attend again To-morrow, at the Time beforementioned.
Irons put on Capt. Mackpheadris to be brought.
Ordered, That the Person who executes the Office of Warden or Keeper of the Prison of The Fleet do bring, or cause to be brought, to this House, To-morrow, all the Irons wherewith Captain Mackpheadris was loaded in the said Prison; and that the Surgeon, who took or assisted in taking them off, do attend this House at the same Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 3o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Alderman Perry and others:
With a Bill, intituled, "An Act for making the Hamlet of Wapping-Stepney, 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 the new Church there;" to which they desire the Concurrence of this House.
Bambridge's Bill.
Counsel (according to Order) were called in, to be further heard, touching the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto."
And the said Thomas Bambridge was brought to the Bar.
Then the Counsel for the Bill produced and examined several Witnesses, upon Oath, further to prove Cruelties and Barbarities used by the said Bambridge towards Prisoners in his Custody.
And Dougall Cuthbert, who, by the Patent granting the Office of Warden or Keeper of the Prison of The Fleet, was entitled to the Reversion of the said Office, attending:
He was called in; and, at the Bar, acquainted the House, "He did not oppose passing of the Bill."
And then, being sworn, declared, "There were no other Articles of Agreement, between him and the said Bambridge, than what were recited in the Preamble of the said Bill."
Then the Counsel for Mr. Bambridge were directed to proceed; who, having been heard, produced and examined several Witnesses, upon Oath, in his Defence, with respect to the Cruelties and Barbarities alledged to be inflicted on some of the Prisoners; and touching Escapes permitted out of the said Prison, and other Matters.
And the Counsel for the Bill having replied:
They were directed to withdraw; and the said Bambridge to be taken from the Bar.
Ordered, That the said Bill, to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto, be read a Second Time on Monday next; and the Lords to be summoned.
Brown versus L. Athunry.
Ordered, That the Cause wherein Brown is Appellant, and Lord Athunry Respondent, be put off till Wednesday; and the other Causes on Cause-days removed in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 5o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. London. Epus. Dunelm. Epus. Winton. Epus. (fn. 1)Bath & Well. Epus. Eliens. Epus. Carliol. Epus. Hereford. Epus. Cicestriens. Epus. Bristol. Epus. Petriburg. Epus. Cestriens. |
Ds. King, Cancellarius. Dux. Devon, Præses. Ds. Trevor, Custos Privati Sigilli. Dux Dorset, Senescallus. Dux Grafton, Camerarius. Dux Montrose. Dux Newcastle. Dux Greenwich. Dux Bridgewater. Comes Northampton. Comes Westmorland. Comes Sunderland. Comes Scarsdale. Comes Essex. Comes Litchfield. Comes Yarmouth. Comes Plimouth. Comes Scarbrough. Comes Warrington. Comes Coventry. Comes Cholmondeley. Comes Sutherland. Comes Rothes. Comes Loudoun. Comes Findlater. Comes Selkirk. Comes Orkney. Comes Marchmont. Comes Deloraine. Comes Ilay. Comes Strafford. Comes Dartmouth. Comes Tankerville. Comes Halifax. Comes Harborough. Comes Macclesfield. Comes Pomfret. Comes Graham. Viscount Say & Seale. Viscount Townshend. Viscount Hatton. Viscount Lonsdale. Viscount Cobham. Viscount Falmouth. |
Ds. Abergavenny. Ds. Delawarr. Ds. Fitzwalter. Ds. Clinton. Ds. Willoughby Br. Ds. Howard Eff. Ds. Hunsdon. Ds. Byron. Ds. Cornwallis. Ds. Lynne. Ds. Craven. Ds. Carteret. Ds. Weston. Ds. Herbert. Ds. Haversham. Ds. Gower. Ds. Montjoy. Ds. Foley. Ds. Bingley. Ds. Onslow. Ds. Ducie. Ds. Walpole. Ds. Wilmington. |
PRAYERS.
Obviating Doubts concerning forfeited Estates in Scotland, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for obviating any Doubts or Difficulties that may arise from an Act, passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act, passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates in that Part of Great Britain called Scotland as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."
Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.
Letters to be re-delivered to Ryves.
Upon reading the Petition of John Ellis, Agefit for and in Behalf of William Ryves Esquire, Respondent to the Appeal of David Bindon Merchant; praying the Re-delivery of several Letters brought into the Court of Exchequer in Ireland, on a Duces tecum, granted to the Appellant by the said Court:
It is Ordered, That such Letters be re-delivered, by Schedule, to the Respondent; or his Clerk in Court, as desired.
Poor Prisoners Petitions, referred to Committee Insolvent Debtors Bill.
Upon reading the Petition of the poor Prisoners whose Names are thereunto subscribed, on Behalf of themselves and many other consined Debtors; praying Relief, "in regard they have been cast in Prison since Michaelmas last:"
It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the Bill for the Relief of Insolvent Debtors stands committed.
Upon reading the Petition of the poor Prisoners whose Names are thereunto subscribed, on Behalf of themselves and many other consined Debtors; praying, In regard, as the Bill for the Relief of Insolvent Debtors now stands, such Prisoners as have received any Benefit by a former Insolvent or Bankrupt Act cannot be entitled to that Mercy which is now intended to be shewn to Insolvent Debtors, that they may be relieved:"
It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed.
Bribery in Elections to prevent, Bill.
The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," was committed, the Amendments made by the Committee to the Bill.
Which, being read Twice by the Clerk, were agreed to by the House, and are as follow, (videlicet,)
"Press 1. Line 13. After ["that"], insert ["from and after the Twenty-fourth Day of June, in the Year of our Lord One Thousand Seven Hundred and Twenty-nine"].
"L. 14. Leave out ["future"].
"L. 22. After ["Quakers"], inseit ["in case the same shall be demanded by either of the Candidates, or any Two of the Electors"].
"L. 32 and 33. Leave out ["and that I do freely give my Vote, without Expectation of any Reward whatsoever"].
"L. 38. After ["Gratis"], insert ["if demanded as aforesaid"].
"Pr. 2. L. 11. After ["Summary"], insert [Action"].
"L. 17. Leave out ["by either of the Candidates, or any Two of the Electors"]; and insert ["as aforesaid"].
"Pr. 2. L. 28. After ["Suit"], add ["and that if any Person shall vote or poll at such Election without having first taken the Oath, or, if a Quaker, having made his Affirmation as aforesaid, if demanded, such Person shall incur the same Penalty which the Officer is subject to for the Offence abovementioned"].
"Pr. 3. L. 3. After ["shall"], insert ["to the best of my Judgement appear to me to"].
"L. 4 and 5. Leave out ["freely and without any Expectation of any Gratuity or Reward whatsoever"].
"L. 7. After ["made"], insert ["or, in his or their Absence, any Three of the Electors"].
"L. 8. Leave out ["which"], and insert ["and such"].
"L. 11. Leave out from ["aforesaid"] to ["and"], in the 16th Line of the same Press; and add a Clause marked (A).
"(A). And be it Enacted, by the Authority aforesaid, That such Votes shall be deemed to be legal, which have been so declared by the last Determination in the House of Commons; which last Determination, concerning any County, Shire, City, Borough, Cinque Port, or Place, shall be final to all Intents and Purposes whatsoever; any Usage to the contrary notwithstanding"].
"L. 24. Leave out from ["Perjury"] to ["and"], in the 37th Line of the 4th Press; and add Clause marked (B).
"(B.) And be it further Enacted, by the Authority aforesaid, That no Person convicted of wilful and corrupt Perjury, or Subornation of Perjury, shall, after such Conviction, be capable of voting in any Election of any Member, or Members, to serve in Parliament."
"Pr. 5. L. 7. Leave out ["for"], and insert ["by"]; and in that and the 8th Line, leave out ["as Agent for another"], and insert ["employed by him"].
"Pr. 5. L. 16. Leave out ["Fifty"], and insert ["Five Hundred"].
"L. 31. Leave out from ["Dead"] to ["and"], in the 25th Line of the 6th Press."
Ordered, That the said Bill be read the Third Time To-morrow; and the Lords to be summoned.
Chapel of Ease in Leeds to make a Benesice, Bill.
A Message was brought from the House of Commons, by Sir William Milner and others:
To return the Bill, intituled, "An Act to make the Chapel of Ease of The Holy and Undivided 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;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
Wick Rissington to enclose, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming Exchanges, Allotments, Divisions, and Enclosures of Lands, in the Parish of Wick Rissington, in the County of Gloucester; and for establishing the Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakley Esquire deceased, and the other Proprietors of the said Lands," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and had gone through the same, with several Amendments."
Which, being read Twice by the Clerk, were agreed to by the House.
Hamlet of Wapping, a distinct Parish, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for making the Hamlet of Wapping-Stepney, in the Parish of Saint Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of the new Church there."
Bambridge's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet, or to have or exercise any Authority relating thereto."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
A new Bill to be drawn.
It was proposed, "To order a Bill to be brought in, to disable the said Thomas Bambridge to hold any Office, or to practise as an Attorney or Solicitor; to empower His Majesty to grant the Office of Warden of The Fleet to such Person as he shall think fit, for Life; and that all the Prisoners belonging to the said Prison of The Fleet be transmitted to the new Warden so to be appointed."
After Debate thereupon, and other Propositions made in relation thereunto:
Ordered, That some of the Judges now present do withdraw immediately, and prepare a Bill upon the said Debate.
Insolvent Debtors Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Insolvent Debtors."
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 he was directed to report, when their Lordships will please to receive the same."
Ordered, That the said Report be received Tomorrow.
His Majesty to grant the Office of Warden of The Fleet, Bill.
The Judges (according to Order) delivered a Bill, prepared by them, upon the Debate of the House, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet; and to empower His Majesty, His Heirs and Successors, during the Life of the said Thomas Bambridge, to grant the said Office to such Person or Persons as he shall think fit."
And the same was read the First Time.
Then it being moved, "That the Bill be now read a Second Time:"
The same was objected to.
After Debate;
The Question was put, "Whether this Bill shall be now read a Second Time?"
It was Resolved in the Affirmative.
Protest aginst reading it a Second Time the same Day.
"Dissentient.
"1st, Because the reading any Bill Twice the same Day is against the Standing Orders of this House; which ought not to be broke, but in Cases of the utmost Necessity; and even in those Cases ought first to be considered in a full House; or else absent Lords, as well as the Parties concerned in Bills, may be surprized.
"2dly, Because we do not conceive that there was the least Necessity or Occasion for reading this Bill Twice in One Day.
"3dly, Because we are apprehensive this may be brought as a Precedent hereafter, to proceed in too hasty a Way to pass Bills, which divest Men of their Properties, and lay Incapacities upon them during Life.
Warrington.
Strafford.
Haversham.
Coventry.
The said Bill was accordingly read a Second Time.
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further. Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts;" to which they desire the Concurrence of this House.
Watermen's Bill.
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen:"
It is Ordered, That the House be put into a Committee thereupon, on Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 6o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Custom on Corn, &c. Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
Address for Produce of Civil List Revenues:
Ordered, That an humble Address be presented to His Majesty, "That He will be pleased to give Directions to the proper Officers, to lay before this House, Accompts of the Net Produce of the several Branches of the Civil List Revenues, from Midsummer 1727 to Midsummer 1728, over and above all annual, weekly, or other Payments and Incumbrances thereon, and over and above all Grants by any of His Royal Predecessors; distinguishing how much of the said Produce was paid into the Exchequer before Midsummer 1728; what Arrears were then standing out, how much of the said Arrears have been since paid in, and at what Times, and how much of the same remains still unpaid:"
Also for an Accompt of Money paid into the Exchequer upon Account of them.
Also, "That His Majesty will be pleased to direct the proper Officer to lay before this House, an Accompt of the Money paid into the Exchequer, upon Account of His Majesty's Civil List Revenues, betwixt Midsummer Day 1728, and Lady Day 1729."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Upon reading the Petition of John Burke, Agent for Robert Blake Esquire and others, Appellants in a Cause depending in this House, to which Richard Blake Esquire and Elizabeth his Wife are Respondents; praying, "In regard the Petitioner has not had any of the Papers in this Cause, and so cannot be ready for the Hearing on Thursday next; that the same may be adjourned for a Week, or for such other Time as the House shall think sit:"
It is Ordered, That the said Petition be rejected.
Bribery in Elections to prevent, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."
The Question was put, "Whether this Bill, with the Amendments, 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. Lightboun and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the said Bill, with several Amendments, whereunto their Lordships desire their Concurrence.
Bygrave's Petition touching Bambridge's Bill.
Upon reading the Petition of Robert Bygrave Gentleman; praying, "That a Clause may be added to the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet; and to empower His Majesty, His Heirs and Successors, during the Life of the said Thomas Bambridge, to grant the said Office to such Person or Persons as He shall think fit;" that the said Bambridge and Dougall Cuthbert Esquire shall pay the Petitioner the remaining Eight Hundred Pounds of the Purchase-money, for which they sold the Petitioner's Office of Clerk of the Papers to Mr. Cotton; or that he may be otherwise relieved:"
It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed.
His Majesty to grant the Office of Warden of The Fleet, Bill.
Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to disable Thomas Bambridge Esquire to hold or execute the Office of Warden of the Prison of The Fleet; and to empower His Majesty, His Heirs and Successors, during the Life of the said Thomas Bambridge, to grant the said Office to such Person or Persons as He shall think fit."
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 some Amendments thereunto; which he was directed to report, when the House will please to receive the same."
Then it was moved, "That the Report be now received."
Which being objected to;
And a Question being stated thereupon:
After Debate;
The previous Question was put, "Whether that Question shall be now put?"
It was Resolved in the Affirmative.
Then the main Question was put.
And it was Resolved in the Affirmative.
Accordingly the Lord Delawarr reported from the said Committee, the Amendments they had made 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.
Proprietors of Carohna, Bill.
A Message was brought, from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Duke of Kent's Bill.
A Message was brought from the House of Commons, by the Lord Viscount Limerick and others:
To return 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 the Right Honourable the 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Causes put off.
Whereas this Day was appointed, for hearing the Cause wherein the Governor and Company of The Royal Bank of Scotland and Andrew Cochran Merchant in Glasgow are Appellants, and the Bank commonly called The Old Bank of Scotland are Respondents:
It is Ordered, That the Hearing the said Cause be adjourned till To-morrow; and the Lords to be summoned; and that the Cause appointed for that Day be put off to Friday next; and the other Causes removed in Course.
Insolvent Debtor 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 Insolvent Debtors," was committed, the Amendments made by the Committee to the said Bill.
Which, being read Twice by the Clerk, were, with an Amendment to One of them, agreed to by the House.
Then a Clause was offered, by the Judges, to be added to the said Bill, for better Security of the Rights of Landlords and Mortgagees.
And the same, being read Twice by the Clerk, was agreed to by the House.
Wick Rissington Lands to Enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming Exchanges, Allotments, Divisions, and Enclosures, of Lands, in the Parish of Wick Rissington, in the County of Gloucester; and for establishing the Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakley Esquire, deceased, and the other Proprietors of the said Lands.
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
To preserve Woods in America, Bill.
A Message was brought from the House of Commons, by Mr. Dodington and others:
With a Bill, intituled, "An Act for better Preservation of His Majesty's Woods in America; and for the Encouragement of the Importation of Naval Stores from thence; and to encourage the Importation of Masts, Yards, and Bowsprits, from that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the said Bill be read a Second Time on Thursday next.
Taking Oaths, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Martin's Appeal from the Delegates to be considered.
An Appeal of William Martine of Harwood Esquire, was presented to the House; complaining of Two Interlocutors of the Court of Delegates in Scotland.
It is Ordered, That the said Appeal be taken into Consideration with the Two other Appeals of the like Nature.
Bindon versus Ryves.
The House being informed, "That a Person attended at the Door, and desired to deliver in several Papers and Pleadings, in a Cause wherein David Bindon Merchant is Appellant, and William Ryves and William Doyle are Respondents:"
Pleadings proved.
Whereupon Mr. Todd was called in; and delivered, at the Bar, the said Papers and Pleadings; 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 withdrew.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Insolvent Debtors Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the Relief of Insorvent Debtors."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Elde and Mr. Thurston:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
King's Answer to Address for Civil List Accompts.
The Lord Steward reported, "That the Lords with White Staves (according to Order) had waited on His Majesty, with their Lordships Address of Yesterday; and that His Majesty was pleased to say, He would forthwith give Directions to the proper Officers, that the Accompts desired should be laid before this House."
Civil List Accompts delivered.
The House being informed, "That Mr. Frecker, from the Treasury, attended:"
He was called in; and delivered, at the Bar, pursuant to their Lordships Address Yesterday,
"An Accompt of the Net Produce of the several Branches of the Civil List Revenues, from Midsummer 1727 to Midsummer 1728, over and above all Annual, Weekly, or other Payments and Incumbrances thereon, and over and above all Grants by any of His Majesty's Royal Predecessors; distinguishing how much of the said Produce was paid into the Exchequer before Midsummer 1728, and what Arrears have been paid in since; made up from the Books and Accompts in His Majesty's Treasury."
"An Accompt of all Money paid into His Majesty's Exchequer, on the several Branches of the Civil List Revenues, from Midsummer 1727 to Midsummer 1728; and how much of the Arrears have been since paid in, due at Midsummer 1728."
"An Accompt of the Money paid into the Exchequer, upon Account of His Majesty's Civil List Revenues, betwixt Midsummer 1728 and Lady Day 1729."
And then he withdrew.
And the Titles of the said Accompts were read, by the Clerk; and ordered to lie on the Table, for the Perusal of the Lords.
Proprietors of Carolina, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
His Majesty to grant the Office of Warden of The Fleet, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to empower His Majesty, His Heirs and Successors, during the Life of Thomas Bambridge Esquire, to grant the Office of Warden of the Prison of The Fleet to such Person or Persons as His Majesty shall think fit; and to incapacitate the said Thomas Bambridge to enjoy the said Office, or any other whatsoever."
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. Elde and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Message from thence, to return Elsdon Common to enclose, Bill;
A Message was brought from the House of Commons, by Mr. Jenison and others:
To return the Bill, intituled, "An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Thurnscoe Common to enclose, Bill:
A Message was brought from the House of Commons, by Mr. Robert Hucks and others:
To return the Bill, intituled, "An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds, within the Parish of Thurnscoe, in the County of York;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Jullian and Panchand, Nat. Bill.
A Message was brought from the House of Commons, by Mr. Phillips and others:
To return the Bill, intituled, "An Act for naturalizing John Jullian and Isaac Panchaud;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Royal Bank of Scotland versus Old Bank.
Upon reading the Petition of Alexander Ross, Agent for The Old Bank of Scotland, Respondents to the Appeal of The Royal Bank there and Andrew Cochran; praying, "In regard Mr. Willes, One of the Counsel employed for the said Respondents, is taken very ill; that the Hearing the said Cause may be put off till Friday next, by which Time the said Mr. Willes will be able to attend, or some other Counsel be instructed to appear for the said Respondents:"
And thereupon the Petitioner was called in; and, being sworn, attested the Truth of the Allegations of the said Petition.
And being withdrawn:
It is Ordered, That the Hearing the Merits of the said Appeal be adjourned till Friday next, as desired.
Custom on Corn, &c. Bill.
Ordered, That the Bill, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts," be read a Second Time To-morrow; and the Lords to be summoned.
Report from Committee Public Records:
The Lord Delawarr reported from the Lords Committees appointed to inspect Public Records, "That their Lordships, in pursuing the Directions of the House for inspecting Records, thought proper to send for and examine Mr. Sanderson, Clerk of the Rolls; who informed the Committee, that he had prepared an Eighteenth Volume of Records, of the Nature of the late Mr. Rymer's Fædera; and that the same was printed by J. Tonson; which the Committee, upon inspecting, observed, that in the said Eighteenth Volume, One of the Journals of this House, of the First Year of King Charles the First, is inserted: And the Committee think proper further to acquaint your Lordships, that the said Tonson has deposited, with the Clerk Assistant, in the House belonging to The Parliament Office, such Part of the Impression of the said Eighteenth Volume as remained undisposed of at the Time the Committee took Notice of the printing the said Journal."
Which Report being read by the Clerk:
Part of a Journal of this House, priated in Rymer's Fædera, to be taken out and dessroyed.
It is Ordered, That such Part of the said Books as is a Copy of the said Journal of this House be taken out of each respective Volume; and that the Clerk Assistant do take Care the same be burnt or destroyed; which when done, the said Mr. Tonson may have the remaining Part of the said Books delivered to him.
Obviating Doubts in an Act relating to the forfeited Estate in Scotland, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for obviating any Doubts or Difficulties that may arise from an Act passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act, passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."
And, after some Time spent therein, the House was resumed.
And the Earl of Findlater 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."
Then a Clause was offered, to be added to the said Bill, in relation to the Power of the Court of Delegates in Scotland.
And the same, being read Twice by the Clerk, was agreed to by the House.
Seamen in the Merchants Service, Bill.
A Message was brought from the House of Commons, by Mr. Alderman Barnard and others:
With a Bill, intituled, "An Act for the better Regulation and Government of Seamen in the Merchants Service;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Doyle peremptorily to answer Bindon's Appeal.
The House was informed, "That William Doyle, who, by Order of the Twenty-ninth of March last, was required to put in his Answer to the Appeal of David Bindon Merchant on or before the Third Instant, has neglected so to do, though duly served with the said Order for that Purpose."
And thereupon an Affidavit, made by William Crow of the City of Dublin Gentleman, of the due Service of the said Order, being read:
It is Ordered, That the said William Doyle do peremptorily put in his Answer to the said Appeal, in a Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Jovis, octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 8o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. to return the Bill for preventing Forgery, &c.
A Message was brought from the House of Commons, by Mr. Gybbon and others:
To return the Bill, intituled, "An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money;" and to acquaint this House, that they have agreed to the same, with some Amendments; whereunto they desire their Lordships Concurrence.
Watermen's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thomes; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."
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 said Bill, and directed him to report the same to the House, without any Amendment."
Wapping Hamlet, a distinct Parish, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making the Hamlet of Wapping-Stepney, 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 the new Church there."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Message from H. C. to return the Bill for preventing Bribery in Elections.
A Message was brought from the House of Commons, by Mr. Sandys and others:
To return the Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Graham versus White:
Upon reading the Petition of Radolph White of London Merchant; praying, "In regard he apprehends the Writ of Error brought by James Graham, whereunto the Petitioner is Defendant, is only for Delay, and now stands for a Hearing at a great Distance; that a short Day may be appointed, for arguing the Errors in this Case:"
And thereupon the Petitioner's Agent, Mr. Laurence, being called in; and examined upon Oath, touching the Notice of this Application to the Plaintiff's Agent:
And being withdrawn:
Arguing Errors brought forward.
It is Ordered, That this House will hear the Errors argued in this Case on Saturday next.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof;" to which they desire the Concurrence of this House.
Reviving Laws, Bill.
A Message was brought from the House of Commons, by Mr. Fane and others:
With a Bill, intituled, "An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the Running of Goods, to desend in Forma Pouperis; for more effectual debarring of unlawful Games; for licensing Retailers of Brandy and other distilled Liquors; and for better Regulation of Licenses for common Inns and Alehouses;" to which they desire the Concurrence of this House.
The last mentioned Bill was read the First Time, and ordered to be read a Second Time on Monday next.
Custom on Corn, &c. Bills.
The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
Address for an Accompt of the Produce of the Excise;
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to direct, that the Commissioners of Excise do lay before this House an Accompt of the Gross Produce of the Hereditary and Temporary Excise, with all Deductions for Charges of Management, or any other Accompt whatsoever, before the same was paid into the Exchequer; with an Accompt of the Net Produce from Midsummer 1727 to Midsummer 1728; and what has been paid at any Time since of the Produce of that Year:"
Produce of the Post-office;
Also, "That the Postmaster General do lay before this House, an Accompt of the Gross Produce of the Post-office, with all Deductions for Charges of Management, or any other Accompt whatsoever, before the same was paid into the Exchequer; with an Accompt of the Net Produce paid in between Midsummer 1727 and Midsummer 1728; and what has been paid at any Time since of the Produce of that Year:"
and Produce of the New subsidy of Tonnage and Poundage.
And likewise, "That the Commissioners of the Customs do lay before this House, an Accompt of the Gross and Net Receipt of the New Subsidy of Tonnage and Poundage, with all Deductions for Charges of Management, or any other Accompt whatsoever, before the same was paid into the Exchequer; with an Accompt of the Net Produce paid in between Midsummer 1727 and Midsummer 1728, and what has been paid at any Time since, of the Produce of that Year."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Then the last mentioned Bill was read a Second Time; and ordered to be committed to a Committee of the whole House, To-morrow.
Ward & al. versus Custoway and Minnet.
Upon reading the Petition and Appeal of Thomas Ward, Charles Grunsel, and Jasper Stocker; complaining of a Decree of the Court of Chancery, made the Eighth Day of February last, in a Cause wherein William Calloway and Norton Groves Baker were Plaintiffs, and the Appellants and George Minnet were Defendants; and praying, "That the same may be reversed, and the Appellants relieved:"
And it appearing by the Deputy Register's Certificate, "That the said Decree was not entered till Yesterday:"
It is Ordered, That the said William Calloway and George Minnet may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the Two and Twentieth Day of this Instant May.
Blake & al. versus Blake & Ux.
Whereas this Day was appointed, for hearing the Cause wherein Robert Blake Esquire and others are Appellants, and Richard Blake Esquire and Elizabeth his Wife are Respondents:
It is Ordered, That the Hearing the said Cause be adjourned till Saturday next.
Proprietors of Carolina, Bill.
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty:"
Ordered, That the said Bill be committed to the Consideration of the Lords Committees to whom the Bill for making the Hamlet of Wapping Stepney a distinct Parish stands referred.
Their Lordships, or any Five of them; to meet To-morrow, at the same Place; and to adjourn as they please.
To preserve Woods in America, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for better Preservation of His Majesty's Woods in America; and for the Encouragement of the Importation of Naval Stores from thence; and to encourage the Importation of Masts, Yards, and Bowsprits, from that Part of Great Britain called Scotland."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Accompt of Premiums on Importation of Naval Stores.
Ordered, That the Commissioners of the Customs do lay before this House, an Accompt of what Drawbacks, or Premiums, have been allowed, upon the Importation of Naval Stores from the British Plantations in America, pursuant to the several Acts of Parliament, made in the Third, Fourth, and Twelfth, Years of the Reign of Her late Majesty, for the Importation of Naval Stores from the said British Plantations.
Seamen in the Merchants Service, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Regulation and Government of Seamen in the Merchants Service."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
To obviate Doubts in the Act concerning the forfeited Estates in Scotland, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for obviating any Doubts or Difficulties that may arise from an Act passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act, passed in the Thirteenth Year of His late Majesty's Reign, intituled, "An Act for Sale of such of the forfeited Estates in that Part of Great Britain called Scoland as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."
The Question was put, "Whether this Bill, with the Amendments, 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. Thurston and Mr. Masham:
To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 9o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
No more Appeals to be received this Session.
Ordered, That no more Appeals be received this Session.
Proprietors of Carolina, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty," 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."
Hamlet of Wapping, a distinct Parish, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for making the Hamlet of Wapping-Stepney, 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 the new Church there," 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."
Duty on Gin, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof."
King's Answer to Address for Accompts.
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House, Yesterday; and that His Majesty was pleased to say, He would forthwith give Directions, that the respective Officers should lay before this House the Accompts desired by the said Address."
Post-office Accompts delivered.
The House being informed, "That the Postmasters General attended at the Door:"
They were called in; and delivered, at the Bar,
"An Accompt of the Gross Produce of the Postoffice, with all Deductions for Charges of Management, or any other Accompt whatsoever, before the same was paid into the Exchequer; with an Accompt of the Net Produce paid in between Midsummer 1727 and Midsummer 1728; and what has been paid at any Time since, of the Produce of that Year."
And then they withdrew.
And the Title of the said Accompt was read, by the Clerk; and ordered to lie on the Table:
Excise Accompt dilivered.
The House being informed, "That some of the Commissioners of Excise attended:"
They were called in; and delivered, at the Bar,
"An Accompt of the Gross Produce of the Hereditary and Temporary Excise, with all Deductions for Charges of Management, or any other Accompt whatsoever, before the same was paid into the Exchequer; with an Accompt of the Net Produce paid in between Midsummer 1727 and Midsummer 1728; and what has been paid at any Time since, of the Produce of that Year."
And then they withdrew.
And the Title of the said Accompt was read, by the Clerk; and ordered to lie on the Table.
Papers from the Custom house delivered.
The House being informed, "That the Comptroller of the Customs attended:"
He was called in; and delivered, at the Bar, pursuant to an Address and Order of Yesterday,
"An Accompt of the Gross and Net Produce of the Subsidy, between Midsummer 1727 and Midsummer 1728."
"An Accompt of the Net Produce of New Subsidy, paid into the Exchequer, between Midsummer 1727, and Midsummer 1728; and what has been paid at any Time since."
"The Return of the Commissioners of the Customs, to an Order of the House, of the Eighth Instant, relating to the Drawbacks or Premiums allowed upon the Importation of Naval Stores from America."
And then he withdrew.
And the Titles of the said Accompts and Return were read, by the Clerk; and ordered to lie on the Table.
Royal Bank of Scotland and Cochran versus Bank of Scotland:
After hearing Counsel, upon the Petition and Appeal of the Governor and Company of The Royal Bank of Scotland and Andrew Cochran Merchant in Glasgow; complaining of several Interlocutory Sentences of the Lords of Session in Scotland, of the Second, Fourth, and Ninth of April, the Twenty-fifth and Twenty-eighth of June, and of the Eleventh and Twenty-sixth of July, 1728, and the Twenty-fifth and Twenty-seventh of February last, made on the Behalf of the Governor and Company of The Bank of Scotland; and praying, "That the same may be reversed:" As also upon the Answer of the said Governor and Company of The Bank of Scotland put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:
Interlocutors reversed.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the several Interlocutory Sentences complained of in the said Appeal be, and are hereby, reversed: And it is hereby further Ordered, That the Appellants be at Liberty to apply to the said Lords of Session, to cause their Costs and Expences in the Proceedings abovementioned to be taxed, according to the Course of their Court.
Custom on Corn, &c. Bill.
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts:"
It is Ordered, That the House be put into a Committee upon the said Bill, To-morrow.
Accompts referred to Committee.
Ordered, That the several Accompts laid before this House, from the Treasury, Exchequer, Post-office, Excise, and Customs, be referred to the Committee of the whole House to whom the last mentioned Bill stands committed.
Causes put off.
Whereas To-morrow is appointed, for hearing the Cause wherein Robert Blake Esquire and others are Appellants, and Richard Blake Esquire and Elizabeth his Wife are Respondents; and for arguing the Errors upon a Writ of Error wherein James Graham is Plaintiff, and Radolph White and Peter White are Defendants:
It is Ordered, That the Hearing the said Cause, and arguing the said Errors, be adjourned till Monday next.
Watermen's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thomes; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 10o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Duty on Gin, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Forgery, &c. to punish, Bill.
The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money."
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. Thomas Bennet:
To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.
Proprietors of Catolina, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Hamlet of Wapping, a distinct Parish, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making the Hamlet of Wapping-Stepney, in the Parish of Saint Dunstan Stebunheath, alias Stepney, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of the new Church there."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Thomas Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Custom on Corn, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
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."
Then it being moved, "That the Words following, in the Clause for appropriating the Supplies granted in this Session of Parliament, be left out of the said Bill; (videlicet,)
"And it is also hereby further Enacted, That, out of all or any the Aids or Supplies aforesaid, there shall and may be issued and applied, for and upon Account of the Arrears of the several Duties and Revenues granted to His Majesty by an Act made and passed in the First Year of His Majesty's Reign, (intituled, "An Act for the better Support of His Majesty's Household, and of the Honour and Dignity of the Crown of Great Britain,") any Sum or Sums of Money, not exceeding the Sum of One Hundred and Fifteen Thousand Pounds, in such Manner, and for such Uses and Purposes, as His Majesty shall, from Time to Time, be pleased to direct and appoint. Provided always, and be it Enacted, by the Authority aforesaid, That in case there shall be standing out, or in Arrear, at the Demise of His Majesty (whom God long preserve), any Sum or Sums of Money, for or on Account of the said Duties and Revenues, which, together with what hath been, or shall be, received out of the same during His Majesty's Life, and together with the said Sum of One Hundred and Fifteen Thousand Pounds, shall be more than sufficient to complete and satisfy to His Majesty, during His Life, the Yearly Sum of Eight Hundred Thousand Pounds per Annum, in clear Money, to be computed from the Twenty-fifth Day of June One Thousand Seven Hundred and Twenty-seven; then, and in such Case, the said Sum of One Hundred and Fifteen Thousand Pounds shall be re-placed and refunded, by or out of such Sum or Sums of Money so standing out, or in Arrear, as aforesaid, as shall be more than sufficient to complete the said Yearly Sum of Eight Hundred Thousand Pounds in clear Money, to be computed as aforesaid, or so much thereof as the Monies arising thereby shall extend to satisfy the same; and that the Monies so to be re-placed or refunded shall be separated and kept apart in His Majesty's Exchequer, for the Use and Benefit of the Public, and shall not be issued or applied to any other Use or Uses than such as shall be directed by Authority of Parliament."
Which being objected to;
The Question was put, "Whether those Words shall stand Part of the Bill?"
It was Resolved in the Affirmative.
"Dissentient.
Protest against Par. of a Clause in it.
"1st, Because we apprehend, that this Part of the Clause is neither founded on the Words of the Act to which it refers, nor warranted by any Construction thereof; for the Provision made in that Act is, that whenever the Produce of the several Duties and Revenues thereby granted appears to be so deficient, that within any One Year it shall not be sufficient to answer and satisfy the Sum of Eight Hundred Thousand Pounds; then, and not in any other Case, such Deficiency is to be made good out of the next Aids in Parliament. As this Act therefore provides only for a real Deficiency of the Produce, and not for any Arrear in the Receipt within the Year, as it has appeared, by the Accompts laid before this House, that the real Produce was considerably more than sufficient to answer the Sum of Eight Hundred Thousand Pounds; we think there can be no Colour to affirm, that there has been any such Deficiency as the Act can be supposed to provide for. This appears from the Words of the Clause, which directs the Application of the Sum of One Hundred and Fifteeen Thousand Pounds, for and upon Account of Arrears; and we cannot conceive the Arrears provided for by this Clause, and the Deficiency described in the Act, to be One and the same Thing, since, if they could be so understood, the Provision in the Clause would have been made agreeable to the Words of the Act, which relate to a Deficiency only: And it would be highly unjust to His Majesty, to direct the Sum of One Hundred and Fifteen Thousand Pounds to be refunded to the Public at any Time, or under any Conditions; for, if there had been a real Deficiency, the Grant to His Majesty should be absolute, and the Sum of One Hundred and Fifteen Thousand Pounds would legally belong to him; so that this Clause either takes from His Majesty what we have no Right to take, or it gives Him what, as we apprehend, He has no Right to claim. As we cannot then consider this Sum to be given either for a real Deficiency founded on the Civil List Act, or that it can be warranted by the said Act as a supposed Arrear; we conceive it to be a new Grant to His Majesty, and a new Burthen on the People, which does not appear to us to have been demanded by the Crown, and consequently not to have passed according to the Forms hitherto practised and requisite in all such Cases.
"2dly, This Clause appears to us unreasonable on many Accounts: As there was no real Deficiency at Midsummer 1728, to which Time the Accompt is stated, so neither is there any Arrear at the Time when this new Supply is granted; but the whole Sum of Eight Hundred Thousand Pounds, and considerably more, was come into His Majesty's Coffers; and He was consequently in Possession of the very Money, the supposed Arrear of which is made good to Him by this Clause. Thus it seems to us, that the Nation is loaded, not to complete, but to augment, the Sum designed for His Majesty's Civil List; and this at a Time, when the Public Debts are increased, when the Taxes are heavily felt in all Parts of the Country, when our Foreign Trade is incumbered and diminished, when our Manufactures decay, when our Poor daily multiply, and when many other National Calamities surround us. These Considerations are in themselves very moving; and we apprehend that they must appear stronger, when it shall be further considered, that His Majesty would be so far from wanting any of these extraordinary Supplies, that, even without the Provision in the Civil List Act for making good Deficiencies, He would be possessed of a far greater Revenue than King William, Queen Anne, or even His late Majesty, enjoyed; and yet His present Majesty, then Prince of Wales, received out of the Civil List Revenues, during the Reign of the late King, One Hundred Thousand Pounds per Annum, besides the entire Revenues of the Principality of Wales and Dutchy of Cornwal; whereas it does not appear to us, that a like Sum of One Hundred Thousand Pounds per Annum, or even the Revenues of the Principality of Wales, have yet been settled on his present Royal Highness.
"3dly, We cannot but be extremely apprehensive of the many ill Consequences which may follow from a Grant of Money to the Crown, so ill-grounded, and so unreasonable, as we conceive this to be. The Advantage in Favour of His Majesty, established by the Civil List Act, is very great; since, if the Produce of the Revenues granted and appropriated to the Use of the Civil List does not answer the Yearly Sum of Eight Hundred Thousand Pounds, the Deficiency is to be made good to His Majesty by the Public; whereas no Provision is made, by which, if the Produce of those Revenues exceeds the Sum of Eight Hundred Thousand Pounds, the Surplus shall accrue to the Benefit of the Public. By this Precedent, not only real Deficiencies are to be made good, but Supplies are to be given for Arrears standing out at the End of every Year; and not only for Arrears standing out, but even for Arrears which shall come in before the Supplies can be granted, though the Supply given to make good Arrears in One Year will certainly increase the Surplusages in another. When we consider the Method which has obtained, of anticipating the Revenues before they come into the Exchequer, contrary to the ancient and legal Practice; when we reflect in what Manner these Accompts have been made up, and in what Manner they have been brought in; we cannot but apprehend that a Door is opened, by this Precedent, for laying new and excessive Charges on the Nation. The Revenues appropriated to the Uses of His Majesty's Civil List are subject in their own Nature to vary; and even when there is no Deficiency in the Produce, there may be Arrears in the Receipt; these Arrears may easily be increased by the Management of designing Ministers, by private Directions to Receivers, and by artful Methods of stating the Accompts; from all which we cannot but apprehend that, now this Precedent is made, we may have frequent Accompts of Arrears, and a grievous and even intolerable Load may be brought on the Nation in a short Time: And we are persuaded, that His Majesty can have no Satisfaction in finding His Court abound in Wealth, whilst He may undergo the Mortification of seeing His People reduced to Poverty; neither can we conceive, that the latter Part of the Clause is in any Degree an adequate Provision against the Evil we complain of, or the Apprehensions we entertain; for an Accompt to be made up at His Majesty's Demise will not prevent the Consequences of this Precedent during His Life; and as we hope that His Reign will be long, so we may be allowed to fear, that, even during the Continuance of it, this extraordinary Method of increasing His Majesty's Private Revenue (already very ample) may prove a Source of general Discontent, which is but too apt to produce general Disaffection.
"Plimouth.
Willoughby de Broke.
Litchfield.
Warrington.
Beaufort.
Gower.
Coventry.
Scarsdale.
Montjoy.
Boyle.
Oxford & Mortimer.
Northampton.
Bathurst.
Strafford."
Ordered, That the Bill last mentioned be read the Third Time on Monday next.
Messages from H. C. with a Bill, and to return the following ones:
A Message was brought from the House of Commons, by Sir William Strickland and others:
With a Bill, intituled, "An Act for the better Regulation of Attornies and Solicitors;" to which they desire the Concurrence of this House.
Relief of Debtors, Bill:
A Message was brought from the House of Commons, by Mr. Winnington and others:
To return the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.
Taking Oaths, Bill;
A Message was brought from the House of Commons, by Mr. Knight and others:
To return the Bill, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months, and for limiting other Times for such Qualifications;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
and Moore to take the Surname of Smythe, Bill.
A Message was brought from the House of Commons, by Mr. Vincent and others:
To return the Bill, intituled, "An Act to enable James Moore and his Issue Male to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Attornies Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for the better Regulation of Attornies and Solicitors."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 12o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Close & al. Answer to Ross's Appeal.
The Answer of Samuel Close and others, to the Appeal of Robert Ross and others, was brought in.
Graham versus White, in Error:
Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the Third Day of March last, wherein James Graham is Plaintiff, and Radolph White and Peter White are Defendants, in order to reverse a Judgement given in the Court of King's Bench, affirming a Judgement given in the Court of Common Pleas for the Defendants in Error:
Counsel appeared for the said Defendants in Error; but no Counsel for the Plaintiff, who made Default:
And the Defendants Counsel having shortly stated the Nature of the Case, and prayed Judgement of Affirmance, with exemplary Costs:
And being withdrawn:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench, affirming the said Judgement in the Court of Common Pleas, be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendants, the Sum of One Hundred Pounds, for their Costs sustained by reason of the bringing the said Writ of Error.
The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)
"Sed quia Cur. Parliamenti præd. nunc hic de Judicio suo de et super Præmiss. reddend. nondum advisatur, Dies inde dat. est tam prædicto Jacobo Graham, quam præd. Radolph. White et Petro White, coram dicto Domino Rege et Proceribus præd. in Parliamento præd. usque Diem Lunæ, Duodecimum Diem Maii prox. sequent. apud Westm. in Com. Midd'x, de Judicio suo de et super Præmissis ill. audiend. eo quod Cur. Parliamenti præd. nunc hic inde nondum &c.; ad quem Diem, coram dicto Domino Rege et Proceribus præd. apud Westm. præd. assemblat. ven. præd. Radolph. White et Petrus White in propriis Personis suis; et præd. Jacobus Graham non ven. sed Defalt. fac.; et super hoc, visis et per Cur. Parliamenti præd. nunc hic plene intelectis omnibus et singulis Præmissis, diligenterque examinat. tam Record. et Process. præd. et Judicio præd. per præd. Cur. Domini Regis de Banco reddit. ac Affirmation. ejusdem Judicii per præd. Cur. Domini Regis, coram ipso Rege, quam præd. Causis et Materiis per præd. Jacobum Graham superius in Cur. Parliamenti præd. hic pro Error. assign. videtur Cur. Parliamenti præd. nunc hic, quod nec in Record. et Process. præd. nec in Redditione Judicii præd. nec in Affirmatione ejusdem Judicii, in ullo est Erratum: Ideo consideratum est per Cur. Parliamenti præd. nunc hic, quod Judic. præd. ac præd. Affirmatio ejusdem Judicii in omnibus affirmentur, &c. Et ulterius per Cur. Parliamenti præd. nunc hic cons. est, quod præd. Radolph. et Petrus recuperent versus præfat. Jacobum Graham Centum Libras, eisdem Radolpho et Petro pro Mis. et Custagiis suis, quæ sustinuer. Occasione Dilationis Executionis Judic. præd. Prætextu Prosecution. præd. Brevis de Error. hic per eandem Cur. Parliamenti præd. nunc hic adjudicat. &c.; et quod præd. Radolph. et Petrus habeant inde Execution. &c.; quæ quidem Record. et Process. præd. coram dicto Domino Rege et Proceribus præd. sic habit. per eandem Cur. Parliamenti, coram dicto Domino Rege, ubicunque &c. remittuntur, &c."
To preserve Woods in America, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for better Preservation of His Majesty's Woods in America; and for the Encouragement of the Importation of Naval Stores from thence; and to encourage the Importation of Masts, Yards, and Bowsprits, from that Part of Great Britain called Scotland."
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."
Tiyal of Murders, Bill.
A Message was brought from the House of Commons, by Mr. Gybbon and others:
With a Bill, intituled, "An Act for the Trial of Murders, in Cases where either the Stroke or Death only happens within that Part of Great Britain called England;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return Graham's Bill.
A Message was brought from the House of Commons, by Mr. Clutterbuck and others:
To return the Bill, intituled, "An Act to enable William Graham, Son of John Graham, late Alderman of Drogheda, in the Kingdom of Ireland, to make Leases of several Parts of his Estate, in the Counties of Lowth and Meath, and in the County of the Town of Drogheda, for the better Improvement thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Custom on Corn, &c.:
Hodie 3a vice lecta est Billa, intituled, "An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain, for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Protest against it.
"Dissentient.
"1st, Because we conceive there will accrue less Detriment to the Public, by rejecting this whole Bill, than agreeing to it with that Part of the Appropriation Clause, which enacts the Sum of £ 115,000. to be given to His Majesty, for and upon Account of Arrears in His Civil List; since it would have been easy, had this Bill been rejected, to have provided for the general Appropriation of the several Aids granted in this Session of Parliament, in some other Manner.
"2dly, Because, the Revenue for defraying the Expences of His Majesty's Civil Government being considerably more ample than that of any of His Predecessors, we flattered ourselves that the Public would not have been called upon again, and in so short a Time, to make an Addition to that liberal Provision for the Crown, though there had been some small Deficiency in some of the Duties appropriated to the Service of it: But this, in our Opinion, is so far from being the Case, that we are firmly persuaded, if we had agreed to this Bill with that Part of the Clause, we should have consented to a Grant of a new Aid, and not to make good the Deficiency of an old one; since it seems evident to us, that the Produce of the Civil List Funds, in the First Year of His Majesty's Reign, rather exceeded than fell short of £ 800,000. even from those Accompts delivered into the House, which we believe will be universally allowed to be free from any Suspicion of Error in Favour of the People.
"3dly, Because we look upon this to be not only a Grant of a new Aid, but a Grant made in such an irregular Manner, without being demanded by the Crown, that it cannot but give us some Reason to think that, however it may be wanted by the Ministers, it may possibly not be desired by His Majesty.
"4thly, Because the literal Interpretation of Part of the Act for settling the Civil List Revenues on His Majesty, which was contended for in order to justify that Part of this Clause to which we object, seems to us liable to Consequences very dangerous to the Properties of all the Subjects, by putting it into the Power of those who have the Management of the Public Money to give the Crown a Title to the Arrears of the Civil List Funds, though perhaps lest on Purpose in the Hands of the Receivers, and to a Parliamentary Supply for those very Arrears too.
"5thly, Because the Argument which was used for passing the Clause, from the Smallness of the Sum, seems to us a much stronger Reason why it should not be asked, than why it should be granted.
"6thly, Because we observe, that whenever a Supply for the Civil List has been asked in Parliament, it has caused great Uneasiness in the Nation, though demanded from the Crown itself, and upon Pretences, in our Opinion, more justifiable, and at Times less unseasonable, than this; when, notwithstanding our most prevailing Methods of Negotiation, the Fate of Europe, as far as we are enabled to judge, is still in Suspense, and we labour under Difficulties that unavoidably attend such a doubtful and undetermined Situation of our Affairs Abroad; when the Complaints of the People at Home are general and loud, and, as we fear, too well founded, on Account of their Poverty and other Calamities with which they have been long afflicted; and when, for that Reason, it appears to us to be not only a proper Clemency, but true Policy too, to avoid giving them the least Ground to apprehend that the Parliament, by laying unnecessary Burthens upon them, may itself become One of their Grievances.
"7thly, Because this Attempt, when we consider it in all its Circumstances, as far as appears to us, is without Example; and we dread lest it should be made one, and laid hold of as a Precedent hereafter, if ever the Nation should have the Misfortune to see a lavish, weak, and rapacious Ministry, armed with great Power, desirous to raise such extraordinary Supplies in Parliament, in such extraordinary Ways, more in Reality to support their own inconsiderate and pernicious Schemes, than the Honour and Dignity of the Crown.
"Scarsdale.
Plimouth.
Northampton.
Beaufort.
Warrington.
Coventry.
Strafford.
Oxford & Mortimer.
Montjoy.
Litchfield.
Gower.
Boyle.
Bathurst.
Willoughby De Broke."
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Kinaston and Mr. Thurston:
To acquaint them, that the Lords have agreed to the before-mentioned Bill, without any Amendment.
Reviving Laws, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the Running of Goods, to defend in Forma Pauperis; for more effectual debarring of unlawful Games; for licensing Retailers of Brandy and other distilled Liquors; and for better Regulation of Licenses for Common Inns and Alehouses."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Attornies Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the better Regulation of Attornies and Solicitors."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Messages from H. C. to return Wick Rissington Lard to enclose Bill; and Cobb's Divoice Bill.
A Message was brought from the House of Commons, by Colonel Berkcley and others:
To return the Bill, intituled, " An Act for confirming Exchanges, Allotments, Divisions, and Enclosures, of Lands, in the Parish of Wick Rissington, in the County of Glouccster; and for establishing the Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakley Esquire, deceased, and the other Proprietors of the said Lands;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
A Message was brought from the House of Commons, by Sir James Campbell and others:
To return the Bill, intituled, "An Act to dissolve the Marriage of Thomas Cobb with Rachel Krebs, and to enable him to marry again, and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and Deli Bere or Ridler's Bill.
A Message was brought from the House of Commons, by Colonel Berkeley and others:
To return the Bill, intituled, " An Act to enable Kinard De la Bere Esquire, Committee of the Estate of Thomas Ridler Esquire, a Lunatic, to sell and dispose of Part of the Personal Estate of the said Lunatic, for the Payment of his Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Message from the King, that He intends visiting His Foreign Dominions.
The Duke of Newcastle acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to this House."
And the same was read, by the Lord Chancellor, as follows; (videlicet,)
"GEORGE R.
"His Majesty thinks fit to acquaint this House, That He intends, for divers weighty and important Reasons, speedily to visit His Dominions in Germany; and to appoint His dearest Consort, the Queen, Regent of this Kingdom, during His Majesty's Absence."
The Queen to be Regent, without taking the Oaths, Bill.
Then the Duke of Newcastle presented to the House, a Bill, intituled, "An Act to enable Her Majesty to be Regent of this Kingdom, during His Majesty's Absence, without taking the Oaths."
And the same was read Twice, and ordered to be engrossed.
Message from H. C. to return Carter's Bill.
A Message was brought from the House of Commons, by Mr. Vyner and others:
To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.
To obviate Doubts in Act concerning forfeited Estates in Scotland, Bill.
A Message was brought from the House of Commons, by Sir Archibald Grant and others:
To return the Bill, intituled, "An Act for obviating any Doubts or Difficulties that may arise from an Act, passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.
Seamen in Merchants Service, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Regulation and Government of Seamen in the Merchants Service."
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."
Duty on Gin, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof."
And, after some Time spent therein, the House was resumed.
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."
Relief of Debtors, Bill.
The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."
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. Kinaston and Mr. Thurston:
To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.
Her Majesty to be Regent, without taking the Oaths, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Her Majesty to be Regent of this Kingdom, during His Majesty's Absence, without taking the Oaths."
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. Justice Reynolds and Mr. Justice Probyn:
To carry down the said Bill, and desire their Concurrence thereunto.
Brown's Petition, for hearing his Appeal.
A Petition of Issidor Browne Gentleman, was presented to the House, and read; praying, "That his Appeal, to which the Lord Athunry is Respondent, may be heard this Session; he having feed his Counsel, and printed his Case:"
It is Ordered, That no more Causes than that appointed for this Day be heard this Session of Parliament.
Blake & al. versus Blake & Ux.:
After hearing Counsel, upon the Petition and Appeal of Robert Blake Esquire, Murtagh Donellan, Francis Naghton, Owen Donellan, Andrew Kenny, Patrick Madden, John Quin, William Donellan, William Murphy, and James Kelly; complaining of several Orders of the Court of Chancery in Ireland, of the Twenty-second of September 1726, the Third and Nineteenth of May 1727, the Twenty-fifth of June, the Twenty-fifth of November, the Twentieth of January, and Twenty-second of February last, made in a Cause wherein the Appellant Robert Blake was Plaintiff, and Richard Blake Esquire and Elizabeth his Wife and others were Defendants; and praying, "That the same may be reversed and rectified:" As also upon the Answer of the said Richard Blake and his Wife put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Orders affirmed, with Costs
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Orders therein complained of be, and are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondents, the Sum of Forty Pounds, for their Costs, in respect of the said Appeal.
Message from H. C. to return the Bill for the Queen to be Regent, without taking the Oaths, Bill.
A Message was brought from the House of Commons, by Sir Paul Methuen Treasurer of His Majesty's Household and others:
To return the Bill intituled, "An Act to enable Her Majesty to be Regent of this Kingdom, during His Majesty's Absence, without taking the Oaths;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Matthew to enter into Recognizance for Ward & al.
The House being moved, "That Thomas Matthew Gentleman may be permitted to enter into a Recognizance for Thomas Ward and others, on Account of their Appeal depending in this House; they being absent:"
It is Ordered, That the said Thomas Matthew may enter into a Recognizance for the said Appellant, as desired.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 13o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
To preserve Woods in America, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for better Preservation of His Majesty's Woods in America, and for the Encouragement of the Importation of Naval Stores from thence; and to encourage the Importation of Masts, Yards, and Bowsprits, from that Part of Great Britain called Scotland."
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. Elde and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Seamen in Merchants Service, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better Regulation and Government of Seamen in the Merchants Service."
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. Elde and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Duty on Gin, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof."
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. Elde and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Trial of Murders, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Trial of Murders, in Cases where the Stroke or Death only happens within that Part of Great Britain called England."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Books, &c. of Commissioners of Sewers, to be delivered back.
Ordered, That the Commission appointing Commissioners of Sewers, and Books and Accompts, brought before the Lords Committees appointed to examine into the Proceedings of the Commissioners of Sewers, for the Limits extending from the Head of the River Ravernsborne unto Lombard's Wall, in the County of Kent, be, by the Clerk, delivered back to the Person or Persons who brought the same.
Reviving Laws, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the Running of Goods, to defend in Forma Pauperis; for licensing Retailers of Brandy and other distilled Liquors; and for better Regulation of Licenses for Common Inns and Alehouses."
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."
Messages from H. C. to return the Insolvent Debtors Bill; and the following ones:
A Message was brought from the House of Commons, by Mr. Bramston and others:
To return the Bill, intituled, "An Act for the Relief of Insolvent Debtors;" and to acquaint this House, that they have agreed to the Amendments made by their Lordships to the said Bill, with an Amendment to One of their Lordships Amendments; to which they desire the Concurrence of this House.
His Majesty to visit Manchester College, Bill;
A Message was brought from the House of Commons, by Sir Henry Hoghton and others:
To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and the Bill for His Majesty to grant the Office of Warden of the Fleet.
A Message was brought from the House of Commons, by Mr. Hughes and others:
To return the Bill, intituled, "An Act to empower His Majesty, His Heirs and Successors, during the Life of Thomas Bambridge Esquire, to grant the Office of Warden of the Prison of The Fleet to such Person or Persons as His Majesty shall think fit; and to incapacitate the said Thomas Bambridge to enjoy the said Office, or any other whatsoever;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Insolvent Debtors Bill.
The House proceeded to take into Consideration the Amendment made by the Commons to One of the Amendments made by their Lordships to the Bill, intituled, "An Act for the Relief of Insolvent Debtors."
And the same, being read by the Clerk, was agreed to by the House.
And a Message was sent to the House of Commons, by Mr. Elde and Mr. Allen, to acquaint them therewith.
Attornies Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Regulation of Attornies and Solicitors."
And, after some Time spent therein, the House was resumed.
And the Earl of Findlater reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto, which they had directed him to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Arcedeckne versus Horan:
The House being informed, "That one Patrick Bryan attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Mathias Arcedeckne and Mary his Wife are Appellants, and James Horan and others are Respondents:"
Pleadings proved.
He was thereupon called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he withdrew.
Martine's Appeals: Consideration adjourned
The Order being read, for taking into further Consideration the Appeals of William Martine of Harwood Esquire, from Decrees of the Court of Delegates in Scotland:
It is Ordered, That the said Appeals be taken into further Consideration on this Day Sevennight.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 14o Maii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Trial of Murders, Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Trial of Murders, in Cases where the Stroke or Death only happens within that Part of Great Britain called England."
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."
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. Lightboun and Mr. Masham:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Reviving Laws, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for importation of Cochineal; to continue several Acts, for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the Running of Goods, to defend in Forma Pauperis; for more effectual debarring of unlawful Games; for licensing Retailers of Brandy and other distilled Liquors; and for better Regulation of Licenses for Common Inns and Alehouses."
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. Lightboun and Mr. Masham:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Attornies Bill:
The Earl of Findlater (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the better Regulation of Attornies and Solicitors," was committed, the Amendments made by the Committee to the said Bill.
Which were read Once, by the Clerk.
And, being read a Second Time, several of them were agreed to, and others disagreed with; and are as follow; (videlicet,)
"Press 3. L. 7, 8, and 9. Leave out [" Lord Chancellor, Lord Keeper of the Great Seal, the Commissioners of the Great Seal, the"].
"Pr. 3. L. 10. After ["Rolls"], insert [" or Two Masters of the Chancery"].
"L. 20, 21, and 22. Leave out [" Lord Chancellor, Lord Keeper, the Commissioners of the Great Seal, the"]; and in the 23d Line, after ["Rolls"], insert ["Two Masters of the Chancery"].
"L. 31, 32, 33. The same Amendment.
"Pr. 4. L. 5 and 6. The same Amendment.
"Pr. 6. L. 7, 8, and 9. The same Amendment.
"L. 20, 21, 22, 23. The same Amendment.
"L. 30, 31, 32. The same Amendment.
"Pr. 7. L. 3, 4, 5. The same Amendment.
"Pr. 13. L. 16, 17, 18. The same Amendment.
L. 42, 43. Leave out [" Lord Chancellor, Lord Keeper of the Great Seal, Lords"]; and in the 1st Line of the 14th Press, leave out [" Commissioners of the Great Seal, the"].
"Pr. 14. L. 2. After ["Rolls"], insert [" Two Masters of the Chancery"].
"Pr. 16. L. 39. Leave out ["such of"]; and in the same Line, after ["Parties"], insert [" according to the Event of the Taxation of the Bill; that is to say, if the Bill taxed be less by a Sixth Part than the Bill delivered, then the Attorney or Solicitor is to pay the Costs of the Taxation; but if it shall not be less"].
"L. 40. Leave out ["as they"], and insert ["the Court"]; and in the same Line, leave out ["think fit to"].
"L. 41. Leave out ["therewith"], and insert ["the Attorney, or Client"].
"Pr. 17. L. 20. Leave out from ["Proceeding"] to ["That"], in the 18th Line of the 18th Press; and insert ["And be it further Enacted, by the Authority aforesaid"].
"Pr. 18. L. 28. After ["respectively"], insert ["or at the Assizes, or General Quarter Sessions of the Peace, of the County, Riding, or Division, where such Offence shall be committed"].
"L. 30. Leave out ["Six"], and insert ["Twelve"].
"L. 34. Leave out from ["Imparlance"] to [" Provided"], in the 8th Line of the 19th Press; and insert [" and that no such Bill, Plaint, Suit, or Information, nor any Proceedings thereupon, shall be removed before Judgement, or stayed by any Writ of Certiorari, Habeas Corpus, or other Writ whatsoever"].
"Pr. 19. L. 16. After ["Clerks"], insert [" or the Cursitors of the said Court"]."
Hodie 3a vice lecta est Billa, intituled, "An Act for the better Regulation of Attornies and Solicitors."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with Amendments to it.
A Message was sent to the House of Commons, by Mr. Lightboun and Mr. Masham:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
The House was adjourned during Pleasure.
The House was resumed.
Attornies Bill returned.
A Message was brought from the House of Commons, by Sir William Strickland and others:
To return the Bill, intituled, "An Act for the better Regulation of Attornies and Solicitors;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker; he, after a Speech made to His Majesty, delivered the Money Bills to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those as also the Titles of the other Bills to be passed, severally, as follow:
Bills passed.
"1. An Act for laying a Duty upon Compound Waters, or Spirits; and for licensing the Retailers thereof."
"2. An Act to ascertain the Custom payable for Corn and Grain imported; for better ascertaining the Price and Quantity of Corn and Grain for which a Bounty is payable upon Exportation; for appropriating the Supplies granted in this Session of Parliament; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
"3. An Act to enable Her Majesty to be Regent of this Kingdom, during His Majesty's Absence, without taking the Oaths.
"4. An Act for establishing an Agreement with Seven of the Lords Proprietors of Carolina, for the Surrender of their Title and Interest in that Province to His Majesty."
"5. An Act for better Preservation of His Majesty's Woods in America, and for the Encouragement of the Importation of Naval Stores from thence; and to encourage the Importation of Masts, Yards, and Bowsprits, from that Part of Great Britain called Scotland."
"6. 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."
"7. 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 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."
"8. An Act for indemnifying Persons who have omitted to qualify themselves for Offices or Employments within the Time limited by Law, and for allowing further Time for that Purpose; and for repealing so much of an Act of Parliament, passed in the First Year of His late Majesty King George the First, as requires Persons to qualify themselves for Offices or Employments within Three Months; and for limiting other Times for such Qualifications; as also for the Repeal of so much of an Act, passed 30o Coroli II, as relates to the sworn Servants of the King or Queen's Majesty."
"9. An Act for obviating any Doubts or Difficulties that may arise from an Act, passed in the First Year of His present Majesty, intituled, "An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, An Act for Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined."
"10. An Act to revive the Laws therein mentioned, relating to the Importation of Foreign Brandy, and other Waters and Spirits; for Importation of Cochineal; to continue several Acts for preventing Frauds in the Customs; for Encouragement of the Silk Manufactures of this Kingdom; for making Copper Ore of the British Plantations an enumerated Commodity; for making perpetual an Act therein mentioned, for suppressing of Piracy; for enabling Persons prosecuted upon the Capias, in relation to the Running of Goods, to defend in Forma Pauperis; for more effectual debarring of unlawful Games; for licensing Retailers of Brandy and other distilled Liquors; and for better Regulation of Licenses for Common Inns and Alehouses."
"11. 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."
"12. 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 any Brick-makers or Tile-makers within Fisteen Miles of the City of London, in order to advance or enhance the Price of Bricks or Tiles."
"13. An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."
"14. An Act for the more effectual preventing and further Punishment of Forgery, Perjury, and Subornation of Perjury; and to make it Felony to steal Bonds, Notes, or other Securities for Payment of Money."
"15. An Act for the Relief of Insolvent Debtors."
"16. An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."
"17. 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."
"18. An Act for making more effectual several Acts passed, relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames; and for better ordering and governing such Watermen, Wherrymen, and Lightermen."
"19. An Act for the better Regulation and Government of Seamen in the Merchants Service."
"20. An Act for regulating, well-ordering, governing, and improving, the Oyster Fishery in the River Medway and Waters thereof, under the Authority of the Mayor and Citizens of the City of Rochester, in the County of Kent."
"21. An Act for the better Regulation of Attornies and Solicitors."
"22. An Act for the Trial of Murders, in Cases where the Stroke or Death only happens within that Part of Great Britain called England."
"23. An Act for making more effectual the Acts passed for repairing the Road, from The Stone's-end in Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Endfield, 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 Endfield."
"24. An Act for the more effectual repairing the Highways between Shepards Shord and Horsley Upright Gate, leading down Bagdon Hill, in the County of Wilts, and other ruinous Parts of the Highways thereunto adjacent."
"25. An Act for repairing the several Roads therein mentioned, leading into the Town of Leominster, in the County of Hereford."
"26. An Act for making the Hamlet of Spittlefields, in the Parish of St. Dunstan Stebunheath, alias Stepncy, in the County of Middlesex, a distinct Parish; and for providing a Maintenance for the Minister of such new Parish."
"27. An Act for making the Hamlet of Wapping Stepney, 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 the new Church there."
"28. An Act to make the Chapel of Ease of The Holy and Undivided 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."
"29. 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."
"30. An Act to empower His Majesty, His Heirs and Successors, during the Life of Thomas Bambridge Esquire, to grant the Office of Warden of the Prison of The Fleet to such Person or Persons as His Majesty shall think fit; and to incapacitate the said Thomas Bambridge to enjoy the said Office, or any other whatsoever."
To these Bills the Royal Assent was pronounced, severally, in these Wonds; (videlicet,)
"Le Roy le veult."
"31. 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 the Right Honourable the 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."
"32. 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."
"33. 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."
"34. An Act to enable Henry Chaytor Gentleman to limit a Jointure to a Wife, and to let Leases for Twenty-one Years of his Estate at Crost, in the County of York."
"35. An Act to enable Robert Cotesworth Esquire to sell Part of an Estate held by Lease of the Bishop of Durham, for Discharge of his Debts."
"36. An Act for the more effectual putting in Execution an Act of Parliament, made and passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the Sale of several Estates of Henry Grey Esquire, in the County of Southampton; and for settling other Estates, of equal Value, in the Counties of Berks and Wilts, to the same Uses."
"37. An Act to vest several Messuages, Lands, and Tenements, in the Parish of Stoke Canon, in the County of Devon, in Trustees, to be sold, for the Payment of the Debts of Bamfyld Rodd Esquire, deceased."
"38. An Act for vesting in Thomas Lamplugh Clerk, and his Heirs, the Rectory of Felkirk, in the County of York, being Leasehold for Three Lives, comprized in his Marriage Settlement; and for settling other Fee-simple Lands and Tenements, in Potto, in the same County, of better Value, in Lieu thereof."
"39. An Act for vesting in Trustees the several Manors and Lands therein mentioned, the Estate of Henry Perrot Esquire, in Trust for him and his Heirs, free from the Charges of his Marriage Settlement, on his settling other Estates, of greater Value, to the same Uses, in Lieu thereof."
"40. An Act for Sale of Part of the Estate of Walter Radcliffe Esquire, in the Counties of Devon and Somerset; and for settling other Lands, of equal Value, in the said County of Devon, to the same Uses, in Lieu thereof."
"41. An Act for vesting all the Lands and Hereditaments in the County of Tipperary, in the Kingdom of Ireland, late the Estate of Godfrey Boate Esquire, late One of the Justices of His Majesty's Court of King's Bench in that Kingdom, deceased, in Trustees, to be sold, for the Payment of the Debts of the said Godfrey Boate; and for other Purposes."
"42. 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."
"43. An Act for enclosing Part of a Common, called Barnet Common, belonging to the Manor of Chipping Barnet, in the County of Hertford; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Parish of Chipping Barnet for ever."
"44. An Act for vesting the Advowson of the Vicarage of Brafferton, in the County of York, in His Majesty, in Exchange for the Advowson of the Vicarage of Bishopthorp, in the same County, thereby vested in the Archbishop of York."
"45. An Act to enable William Graham, Son of John Graham, late Alderman of Drogheda in the Kingdom of Ireland, to make Leases of several Parts of his Estate, in the Counties of Lowth and Meath, and in the County of the Town of Drogheda, for the better Improvement thereof."
"46. An Act for dividing and enclosing the Common called Elsdon Common, in the Parish of Elsdon, in the County of Northumberland."
"47. 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."
"48. An Act to enable Kinard De la Bere Esquire, Committee of the Estate of Thomas Ridler Esquire, a Lunatic, to sell and dispose of Part of the Personal Estate of the said Lunatic, for the Payment of his Debts."
"49. An Act for enclosing Aldham and Boyne Commons, belonging to the Parish of Hadleigh, in the County of Suffolk, for the better Maintenance of the Poor of the said Parish."
"50. An Act to enable James Moore, and his Issue Male, to take the Surname of Smythe, according to the Will of William Smythe Esquire, deceased; and for vesting in Trustees Two Thousand Three Hundred and Sixteen Pounds, Sixteen Shillings, and Ten Pence, South Sea Annuities, Part of the Estate of the said William Smythe, to be sold, for the Purposes therein mentioned."
"51. An Act for confirming the Enclosure and Division of the Common Fields and Common Grounds within the Parish of Thurnscoe, in the County of York."
"52. An Act for confirming Exchanges, Allotments, Divisions, and Enclosures, of Lands, in the Parish of Wick-Rissington, in the County of Gloucester; and for establishing the Payment of a Yearly Sum to the Rector and his Successors, in Lieu of Tithes, pursuant to Agreements between Vincent Oakley Esquire, deceased, and the other Proprietors of the said Lands."
"53. An Act to enable Humfrey Wyrley Birch Esquire, and his Heirs and Issue Male, to take and use the Surname of Wyrley, pursuant to the Deed of Settlement made on the Marriage of Peter Birch Doctor in Divinity, with the Daughter of Humfrey Wyrley Esquire, deceased."
"54. An Act to enable Arthur Geoghegan, alias Stafford, Esquire, to take upon him the Surname of Stafford only."
"55. An Act to dissolve the Marriage of Thomas Cobb with Rachel Krebs; and to enable him to marry again; and for other Purposes therein mentioned."
"56. An Act for naturalizing John Jullian and Isaac Panchaud."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Soit fait comme il est desire."
Then His Majesty spake as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"The Season of the Year, and the Dispatch you have given to the Public Business, make it proper for Me to put an End to this Session of Parliament; which I cannot do, without expressing My Satisfaction at the just Regard you have shewn, upon all Occasions, to My Honour, and to the true Interest of My People.
"The Prudence and Temper with which you have proceeded at this critical Conjuncture have been very acceptable to Me, and cannot fail of meeting with general Approbation. Your several Determinations, upon Matters of the greatest Nicety and Importance, have shewn you not insensible of the Difficulties we labour under, without suffering yourselves to be transported and carried into any unseasonable Warmths and Animosities; you have considered the Losses of our Merchants with a becoming Compassion and Concern, and received their Complaints in such a Manner as will best conduce to the obtaining them Justice and Satisfaction; and you may be assured no Endeavours shall be wanting on My Part, to answer the Expectations and Wishes of My People.
"Gentlemen of the House of Commons,
"The Supplies which you have granted Me, and so effectually raised in a Manner the least burthensome to My Subjects, are a new Proof of your Zeal, Affection, and Readiness, to support Me in the Defence and Protection of the Rights and Privileges of My Kingdom. It is a great Satisfaction to Me to observe, that you have been thus able to supply the necessary Charges and Expences that have unavoidably been brought and continued upon us, and at the same Time to make a further Progress in lessening and reducing the National Debt.
"My Lords, and Gentlemen,
"I have already acquainted you, that, it being necessary for Me to visit My German Dominions this Year, I have determined to make the Queen Regent here during My Absence; and I must in a particular Manner recommend it to you all, to make Her Administration as easy as possible, by preserving the Peace and Quiet of the Kingdom in your several Stations and Countries, and by endeavouring to discountenance and restrain the vile and seditious Practice of raising unjust Clamours, and creating Discontents in the Minds of My People."
Which being ended;
The Lord Chancellor, by His Majesty's Command, said,
Parliament prorogued.
"My Lords, and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Two and Twentieth Day of July next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Two and Twentieth Day of July next."
Hitherto examined by us,
Bridgewater.
Shaftesbury.
Abingdon.
N. St. Davids.