House of Lords Journal Volume 23: May 1731

May 1730

DIE Sabbati, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Penry Post Letter, to obviate a Doubt concerning the Denvery of, Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster, and Borough of Southwark, and the respective Suburbs thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Act to regulate the Coal Trade, more effectual, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering more effectual an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of the Coal Trade," so far as the same relates to the preventing the enhancing the Price of Coals in the River Thames, by the keeping of Turn in delivering of Coals there."

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

Owners and Masters of Ships against Coal Bill:

Upon reading the Petition of the Owners and Masters of Ships, in Behalf of themselves and others employed in the Coal Trade; praying, "That they may be heard, by their Counsel, against the Bill in relation to the said Trade; or grant the Petitioners such Relief as to this House shall seem meet:"

Counsel to be heard.

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, as desired, before the said Committee; as may also Counsel be heard for the said Bill, at the same Time.

Ordered, That the said Bill be printed.

Watermen's Act, Clause in, to explain, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend a Clause in an Act passed in the Second Year of His Majesty's Reign (for making more effectual several Acts relating to Watermen, Wherrymen and Lightermen, rowing on the River Thames), so far as the same relates to Ferry Boats and Flat-bottomed Boats."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Lightboun:

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

Gunpowder Exportation Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Allowance upon the Exportation of British-made Gunpowder."

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. Lightboun:

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

To prevent Frauds by Tenants, Bill:

The Lord Viscount Falmouth (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the more effectual preventing Frauds committed by Tenants," was committed, the Amendments made by the Committee to the said Bill.

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

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill, with the Amendments, 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. Lightboun:

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

Motion for Address to discharge the Hessian Troops.

The House being moved, "That an humble Address be presented to His Majesty; desiring, that He will be graciously pleased, for the Ease of His Subjects of this Kingdom, to give Directions for discharging the Twelve Thousand Hessian Troops now in the Pay of Great Britain:"

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Hopkins & Ux. for an Explanation of a Judgement, Counsel heard, and Petition dismissed.

Counsel (according to Order) were called in, to be heard, upon the Petition of Bertie Hopkins gentleman and Margaret his Wife; praying an Explanation of the Order and Judgement of this House, of the Thirteenth of April 1730, by declaring what their Lordships intended should be the Consequence, in case the Assertion of the Respondent to the Petitioners Appeal to this House, (videlicet,) "That an Accompt might be easily stated from the Books produced," was an untrue Assertion;" and in case it should be reported by the Merchants, "That no such Accompt can be taken;" that so the Court of Chancery may not lie under any Difficulty touching the Determination that is to be made thereon.

And the Counsel for the Petitioners being directed to proceed:

The Counsel on the Part of Mr. Honywood objected thereunto; and submitted it to the House, "Whether this is not in the Nature of an Original Cause, there being no Appeal:" And further observed, "It had not fallen in his Experience, that any Application had been made in a subsequent Session to that in which the Judgement had been given."

The Petitioners Counsel was heard, in Answer to the said Objection.

And Mr. Honywood's Counsel having replied:

They were directed to withdraw.

And the Lord Chancellor, at the Request of the Lords, having given the House an Account of the Situation the Matter in Question was in before the Court of Chancery:

It is Ordered, That the said Petition be, and is hereby, dismised this House.

Proceedings at Law Bill, and Bankrupts Bill, put off.

Ordered, That the Two remaining Orders of the Day, for the House to be in a Committee upon the Bill that Proceedings in Courts of Justice shall be in English, and for preventing Frauds committed by Bankrupts, be proceeded on upon Monday next.

Witnesses to attend on the Coal Bill.

Ordered, That Maltis Royal Esquire, Robert Cabell, Richard Banbury, Joseph Bernett, Nathaniel Hymore, Thomas Willmott, Edward Watls, George Collingwood, Thomas Daniel, Humphry Godfrey, Samuel Price, John Dowland, John Davis, Richard Richards, and Jackson, do attend this House on Monday next, in order to be examined, as Witnesses, before the Committee of the whole House to whom the Bill, intituled, An Act for rendering more effectual an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of the Coal Trade," so far as the same relates to the preventing the enhancing the Price of Coals in the River Thames, by the keeping of Turn in delivering of Coals there," stands committed.

Adjourn.

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

DIE Lunæ, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Message from H. C. to return the Duke of Grafton's Bill; and the following ones:

A Message was brought from the House of Commons, by Sir Edmund Bacon and others:

To return the Bill, intituled, "An Act for Sale of an Estate of Charles Duke of Grafton, in the County of Surrey; and to settle other Lands in Lieu thereof;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The House proceeded to take the said Amendment into Consideration.

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

And a Message was sent to the House of Commons, by Mr. Thomas Bonnet and Mr. Burroughs:

To acquaint them, that the Lords have agreed to their Amendment made to the said Bill.

Taylor's Bill;

A Message was brought from the House of Commons, by Colonel Pelham and others:

To return the Bill, intituled, "An Act for enabling the Sale of several Lands and Hereditaments of Thomas Taylor and Maurice Shelton Esquires, in the County of Suffolk; and for settling other Land, of as great Yearly Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Arundell's Bill;

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

To return the Bill, intituled, "An Act to enable Frances Arundell, and George Henry Earl of Litchfield, Guardian of Mary Arundell (an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwall and Dorset;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

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. Thomas Bennet and Mr. Burroughs, to acquaint them therewith.

Bagenall's Will to exemplify, Bill;

A Message was brought from the House of Commons, by Sir Abraham Elton and others:

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

and Sir Hungerford Hoskyns's Bill.

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

To return the Bill, intituled, "An Act for vesting certain Estates of Sir Hungerford Hoskyns Baronet in Trustees, to be sold, for the raising and paying his Brothers and Sisters Portions, now remaining a Charge upon his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns affecting the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Penny Post Letters, to obvlate a Doubt concerning the Delivery of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster, and Borough of Southwark, and the respective Suburbs thereof."

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

Sail Cloth Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further encouraging the Manufacture of British Sail Cloth, by taking off the Duties and Drawbacks therein mentioned, and allowing an additional Bounty on British made Sail Cloth exported; and for stamping British made Sail Cloth with the Name and Place of Abode of the Maker."

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."

Against exporting Wool, &c Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual preventing the Exportation of Wool from Great Britain, and of Wool and Wool manufactured in Ireland to Foreign Parts; and for taking off the Duties upon Woollen and Bay Yarn imported from Ireland into Great Britain."

Proposed, "To commit the Bill."

And the same being objected to:

After Debate;

Ordered, That the Bill be committed to a Committee of the whole House.

Then it was proposed, "That the House be put into a Committee upon the said Bill on Wednesday next."

And a longer Day being proposed:

The Question was put, "Whether this House shall be put into a Committee upon the said Bill on Wednesday next?"

It was Resolved in the Affirmative.

Ordered, That all the Lords be summoned then to attend.

Proceedings at Law to be in English, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act that all Proceedings in Courts of Justice within that Part of Great Britain called England shall be in the English Language."

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

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

Ordered, That the Report be received To-morrow.

Bankrupts Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for preventing Frauds committed by Bankrupts."

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

And the Earl of Westmorland reported from the said Committee, "That they had made some further Progress in the said Bill; and desire another Time may be appointed, for the House to be in a Committee, to proceed further therein."

Ordered, That this House be put into a Committee again, to consider further of the said Bill, on Wednesday next.

Charitable Corporation, Bill:

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

With a Bill, intituled, "An Act for regulating and restraining the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and for regulating the lending of Money upon Pledges, by any other Body Politic and Corporate, or other Persons; and for preventing Usury and Extortion;" to which they desire the Concurrence of this House.

Charters and License to be laid before the House.

Ordered, That the said Corporation do forthwith lay before this House their Charter, and the Licenses under which they act.

Act to regulate the Coal Trade more effectual, Bill.

Several Persons were called in; and sworn, at the Bar, in order to be examined before the Committee of the whole House to whom the Bill, intituled, "An Act for rendering more effectual an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of the Coal Trade," so far as the same relates to the preventing the enhancing the Price of Coals in the River Thames, by the keeping of Turn in delivering of Coals there," stands committed.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had heard Counsel for the Petitioners against the Bill, and likewise Counsel for the Bill; and examined Witnesses upon Oath on either Side; and that the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Martis, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Act to regulate the Coal Trade, more effectual, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for rendering more effectual an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of the Coal Trade," so far as the same relates to the preventing the enhancing the Price of Coals in the River Thames, by the keeping of Turn in delivering of Coals 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. Thomas Bennet and Mr. Burroughs:

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

Charitable Corporation Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for regulating and restraining the charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges at legal Interest; and for regulating the lending of Money upon Pledges by any other Body Politic and Corporate, or other Persons; and for preventing Usury and Extortion."

Message from H. C. to return Halsey's Bill; and the following ones:

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

To return the Bill, intituled, "An Act for confirming an Agreement for exchanging of Lands, made between Edmund Halsey Esquire, deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bardiwieck, Nat. Bill;

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

To return the Bill, intituled, "An Act for naturalizing Erust Bardiwieck;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

To prevent Frauds by Tenants, Bill;

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

To return the Bill, intituled, "An Act for the more effectual preventing Frauds committed by Tenants;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and against stealing Lead or Iron, Bill.

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

To return the Bill, intituled, "An Act for the more effectual punishing Stealers of Lead, or Iron Bars, fixed to Houses, or any Fences belonging thereunto;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H. C. for a conference on Lords Amendments to Westbroughton Common Bill;

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

To desire a Conference with this House, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, lying within the Manor of Westbroughton, in the Parish of Dovebridge, in the County of Derby;"

To which the House agreed.

Answer.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as is desired; and appoint the same presently, in the Painted Chamber."

Managers.

The Lords following were named Managers of the Conference; (videlicet,)

Proceedings at Law, to be in English, Bill.

The Earl of Westmorland (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, shall be in the English Language," was committed, the several Amendments made by the said Committee to the said Bill.

Which being read Twice by the Clerk; some of them were agreed to; others disagreed with; and an Amendment was agreed to be made to One of the said Amendments.

Which Amendments are as follow:

"Press 1. Line 26. Leave out ["Two"]; and instead thereof, insert ["Three"].

"L. 39. After ["England"], insert ["and in the Court of Exchequer in Scotland"].

"Press 2. Line 4. Leave out ["an ordinary, usual, and"], and insert ["such a"].

"L. 5. Leave out ["only"], and insert ["as the Acts of Parliament are usually engrossed in, and the Lines and Words of the same to be written at least as close as the said Acts usually are"].

"L. 16. After ["Hall"], insert ["or Court of Exchequer in Scotland respectively"].

"L. 24. Leave out ["Two"], and insert ["Three"].

"L. 39. Leave out from ["been"] to ["And whereas"], in the 13th Line of the 3d Press."

"In the Title of the Bill, Line the 4th, after ["England"], insert ["and in the Court of Exchequer in Scotland"]."

Sail Cloth Manufacture, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the further encouraging the Manufacture of British Sail Cloth, by taking off the Duties and Drawbacks therein mentioned, and allowing an additional Bounty on British-made Sail Cloth exported; and for stamping British-made Sail Cloth with the Name and Place of Abode of the Maker."

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. Thomas Bennet and Mr. Burroughs:

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

City of London, Petition against Charitable Corporation Bill.

A Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled, was presented to the House, and read; praying to be heard, by their Counsel, against the Bill for regulating the Charitable Corporation, before the same do pass:

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Proceedings at Law to be in English, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, shall be in the English Language."

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. Thomas Bennet and Mr. Burroughs:

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

Conference on Westbroughton Bill:

The House being informed, "That the Commons were ready for the Conference, in the Painted Chamber:"

The Names of the Managers for this House were read.

And the House was adjourned during Pleasure; and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Lords had met the Commons, at the Conference; who delivered to their Lordships Reasons for disagreeing to the Amendments made by this House to the Bill, intituled, "An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, lying within the Manor of Westbroughton, in the Parish of Dovebridge, in the County of Derby;" and delivered back the said Bill and Amendments."

Which said Reasons are as follow:

"The Commons cannot agree to the First Amendment made by your Lordships; Press 7. Line 16. leave out ["whether any or"]:

"1st, Because the Commons conceive it is highly necessary that the Commissioners, appointed for putting the said Act in Execution, should have Power to examine whether any Tithe ought to be paid for the Lands intended to be divided and enclosed pursuant to the said Act.

"2d, Because Tithes ought not to be paid for Lands, or other Hereditaments, which, by the Laws and Statutes of this Realm, or by any Privilege or Prescription, are not chargeable therewith, or are discharged by any Composition real.

"3d, Because barren Heath or Waste Ground (other than such as be discharged from the Payment of Tithes by Act of Parliament), which have anciently paid no Tithes by reason of the Barrenness thereof, being improved, and converted into Arable Ground or Meadow, ought not not to pay Tithe till after the End of Seven Years next after such Improvement.

"The Commons cannot agree to the Second Amendment made by your Lordships; Press 7. Line 16. After ["or"], Leave out ["any and"]; for the same Reasons for which they disagree to your Lordships First Amendment; and because the Second Amendment is entirely dependant on the First Amendment made by your Lordships."

And the same being read by the Clerk:

And Debate thereupon; and reading a Clause in the Act of the 2d and 3d of King Edward, intituled, "Act in relation to the Payment of Tithes:"

The Question was put, "Whether this House shall insist on their Amendments made to the said Bill?"

It was Resolved in the Negative.

Message to H. C. that the Lords do not insist on their Amendments to the Bill.

And a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Burroughs:

To acquaint them, that this House does not insist on their Amendments made to the said Bill.

Penny Post Letters, to obviate a Doubt about the Delivery of, Bill.

Ordered, That the Order of the Day, for the House to be put into a Committee upon the Bill, for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters by the Penny Post, be proceeded on To-morrow.

Frederick versus Sir J. Frederick et al.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Thomas Frederick Esquire, Eldest Grandson of Thomas Frederick Esquire, deceased, is Appellant, and Sir John Frederick Baronet and others are Respondents; complaining of a Decree, the Master's Report, and other Proceedings, in the Court of Chancery.

And the Appellant's Counsel being heard accordingly:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be adjourned till To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Mercurii, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Frederick versus Sir J. Fredsrick et al.

After hearing Counsel as well Yesterday as this Day, upon the amended Petition and Appeal of Thomas Frederick Esquire, Eldest Grandson of Thomas Frederick Esquire, deceased; complaining of a Decree of the Court of Chancery, of the Twenty-fifth of August 1721; a Report of the Master, the Twentieth of December 1722; and of an Order of the said Court, made the same Day, confirming the said Report; and also of another Order of the same Court, made the Twenty-fixth of February following, whereby the last mentioned Order is made absolute; and another Report, made by the Master, the Second of August 1723, in a Cause wherein Leonora the Widow and Relict of Thomas Frederick Esquire was Plaintiff, and the Appellant, then an In fant, and Sir Thomas Frederick, the Appellant's Father, and the Appellant's Brothers John and Charles Frederick, and others, were Defendants; and in a Cross Cause, wherein the Appellant's said Father and Brothers were Plaintiffs, and the said Leonora and others were Defendants; and praying, "That the same may be reversed, and the Will of the said Thomas Frederick established; and that the Appellant may have the full Benefit thereof:" As also upon the several Answers of Sir John Frederick Baronet, Thomas Powell Esquire and Mary his Wife, Rumney Diggle Esquire and Leonora his Wife, James Duke of Atholl and Jane his Wife, Dame Mary Frederick, John Frederick, and Charles Frederick, John Borret Esquire, and William Peer Williams Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree, Reports, and Orders, affirmed, with Costs to some of the Respondents.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree, Reports, and Orders, therein complained of, be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellant do pay, or cause to be paid, to the said Respondents Sir John Frederick, and Thomas Powell and his Wife, and Rumney Diggle and his Wife, the Sum of Two Hundred Pounds, for their Costs in respect of the said Appeal.

The several Orders of the Day being read:

Bankiupts Bill:

Ordered, That the House be put into a Committee, to consider further of the Bill, intituled, "An Act for preventing Frauds committed by Bankrupts," To-morrow.

Penny Post Letters, to obviate a Doubt about the Delivery of, Bill:

Ordered, That To-morrow this House shall be put into a Committee on the Bill, intituled, "An Act for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster, and Borough of Southwark, and the respective Suburbs thereof."

Against exporting Wool, &c. Bill.

Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the Exportation of Wool from Great Britain, and of Wool and Wool manufactured in Ireland, to Foreign Parts; and for taking off the Duties upon Woollen and Bay Yarn imported from Ireland into Great Britain," also To-morrow; and the Lords to be summoned.

Charter of the Charitable Corporation, &c. delivered.

The House being informed, "That Mr. Pennington attended, with the Charter of the Charitable Corporation, and the Licenses under which they act:"

He was called in; and delivered the same, at the Bar.

And then he withdrew.

And the Titles thereof were read, by the Clerk.

Adjourn.

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

DIE Jovis, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Message from H. C. to return the Bill for Proceedings at Law to be in English;

A Message was brought from the House of Commons, by Sir William Strickland Secretary at War and others:

To return the Bill, intituled, "An Act, that all Proceedings in Courts of Justice, within that Part of Great Britain called England, shall be in the English Language;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Bulkley's Bill:

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

To return the Bill, intituled, "An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands in the County of Southampton, mortgaged in Fee by Charles Bulkley Esquire, to the Testator, in Trust, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were read Thrice by the Clerk; and agreed to be amended, by adding in Two Places, after ["Alexander Heriot"], ["or his Heirs"].

And a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Allen:

To acquaint them, that the Lords have agreed to the said Amendments, with some Amendments, whereunto their Lordships desire their Concurrence.

Bankrupts Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for preventing Frauds committed by Bankrupts."

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

And the Earl of Westmorland reported from the said Committee, "That they had considered further of the said Bill, and made a Progress therein."

Against exporting Wool, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the Exportation of Wool from Great Britain, and of Wool and Wool manufactured in Ireland, to Foreign Parts; and for taking off the Duties upon Woollen and Bay Yarn imported from Ireland into Great Britain."

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

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

Ordered, That, on this Day Sevennight, this House shall be put into a Committee, to consider further of the said Bill.

Address, that the Commissioners for Trade may propose a Method to prevent Running of Wool.

Ordered, That an humble Address be presented to His Majesty; defiring, "That He will be graciously pleased to give Directions to the Commissioners for Trade and Plantations, to receive all Proposals that may be laid before them, for preventing the pernicious Practice of running of Wool from England and Ireland; and to consider of, and propose, proper Methods to prevent such Practice for the future; and lay the same before this House in the Beginning of the next Session of Parliament."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Penny Post Letters, to obviate a Doubt about the Delivery of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster, and Borough of Southwark, and the respective Suburbs thereof."

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."

Adjourn.

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

DIE Veneris, 7^o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Message from H. C to return Bulkeley's Bill.

A Message was brought from the House of Commons, by Sir Roger Meredith and others:

To return the Bill, intituled, "An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands in the County of Southampton, mortgaged in Fee, by Charles Bulkley Esquire, to the Testator in Trust, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to their Lordships Amendments made to their Amendments to the said Bill.

Rob and his Wife to answer Fergusson's Appeal.

Upon reading the Petition of William Fergusson Esquire; praying, "In regard he had Liberty given him, the Twenty-sixth of March last, to amend his Appeal, by making proper Respondents; and, having so done, that James Rob Merchant in Edinburgh and Isabell Campbell his Spouse may be required to put in their Answer thereto:"

It is Ordered, That the said James Rob and his Wife may have a Copy of the said Appeal; and do put in their Answer thereunto, in Writing, by the next Session of Parliament.

Charter of Charitable Corporation, &c. to be returned.

Ordered, That the Clerk do return to the proper Officer the Charter of the Charitable Corporation, and the Licenses under which they act, which were delivered into this House pursuant to their Lordships Order of the Third Instant.

Bindon's Pet. to receive his Appeal, rejected.

Upon reading the Petition of David Bindon Merchant; praying, "That an Appeal which he has caused to be drawn, from a Decree of the Court of Exchequer in Ireland, pronounced a considerable Time since, may be received, though the said Decree is not yet passed and entered; the adverse Party purposely delaying the same:"

It is Ordered, That the said Petition be, and is hereby, rejected.

Penny Post Letters, to obviate a Doubt about the Delivery of:

Hodie 5^a vice lecta est Billa, intituled, "An Act for obviating a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster and Borough of Southwark, and the respective Suburbs 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. Thurston and Mr. Burroughs:

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

King's Answer to Address about Wool.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, with the Address of this House Yesterday, "That the Commissioners for Trade and Plantations may propose a Method to prevent the Running of Wool for the future;" and that His Majesty was graciously pleased to say, "He would give Directions to the said Commissioners, as desired by the said Address."

The House was adjourned daring 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 to His Majesty, in relation to the Lottery and Coinage Bills, and other Matters, delivered the said Bills to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the Titles of the other Bills to be passed, severally, as follow:

Bills passed.

"1. An Act for raising One Million Two Hundred Thousand Pounds, by Annuities and a Lottery, in Manner therein mentioned; and for appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, and Orders, lost, burnt, or otherwise destroyed."

"2. An Act to continue the Duties for Encouragement of the Coinage of Money."

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 prevent Frauds in the Revenue of Excise, with respect to Starch, Coffee, Tea, and Chocolate."

"4. An Act to explain a Clause in an Act made in the Seventh Year of the Reign of Her late Majesty Queen Anne (for naturalizing Foreign Protestants), which relates to the Children of the natural-born Subjects of the Crown of England, or of Great Britain."

"5. An Act for importing from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament."

"6. An Act to prevent counterseiting the Passes commonly called Mediterranean Passes."

"7. An Act for rendering more effectual an Act made in the Third Year of His Majesty's Reign, intituled, "An Act for the better Regulation of the Coal Trade," so far as the same relates to the preventing the enhancing the Price of Coals in the River Thames, by the keeping of Turn in delivering of Coals there."

"8. An Act to prevent the stealing of Linen, Fustian, and Cotton Goods and Wares, from Fields, Grounds, and other Places used for whitening, bleaching, or drying, the same."

"9. An Act for the more effectual punishing Stealers of Lead, or Iron Bars, fixed to Houses, or any Fences belonging thereunto."

"10. An Act for the more effectual preventing Frauds committed by Tenants; and for the more easy Recovery of Rents, and Renewal of Leases."

"11. An Act that all Proceedings in Courts of Justice within that Part of Great Britain called England, and the Court of Exchequer in Scotland, shall be in the English Language."

"12. An Act for granting an Allowance upon the Exportation of British made Gunpowder."

"13. An Act for further encouraging the Manufacture of British Sail Cloth, by taking off the Duties and Drawbacks therein mentioned, and allowing an additional Bounty on British made Sail Cloth exported; and for stamping British made Sail Cloth with the Name and Place of Abode of the Maker."

"14. An Act to explain and amend a Clause in an Act passed in the Second Year of His Majesty's Reign (for making more effectual several Acts relating to Watermen, Wherrymen, and Lightermen, rowing on the River Thames), so far as the same relates to Ferry Boats and flat-bottomed Boats."

"15. An Act to enable Idiots and Lunatics, who are seised or possessed of Estates in Fee, or for Lives or Terms of Years, in Trust, or by Way of Mortgage, to make Conveyances, Surrenders, or Affignments, of such Estates."

"16. An Act for obviacing a Doubt which hath arisen, concerning the usual Allowance made upon the Delivery of Letters sent by the Penny Post, to Places out of the Cities of London and Westminster, and Borough of Southwark, and the respective Suburbs thereof."

"17. An Act for the further continuing the Duties granted by an Act passed in the Parliament of Scotland, in the Year One Thousand Six Hundred and Ninety-five, and continued by an Act passed in the Year One Thousand Seven Hundred and Seven, for paying off the Debts of the Town of Aberdeen, and for other public Uses of the said Town."

"18. An Act for continuing the Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale and Beer that shall be vended or sold within the Town of Dundec, and Privileges thereof, for paying the public Debts of the said Town, repairing the Harbour there, and for other Purposes therein mentioned."

"19. An Act for repairing and keeping in Repair the Pier and Harbour of Newhaven, in the County of Sussex."

"20. An Act for repairing and keeping in repair the Pier and Harbour of Ilfordcombe, in the County of Devon."

"21. An Act for re-building the Parish Church of Gravesend, in the County of Kent, as One of the Fifty New Churches directed to be built by Two Acts of Parliament, One made in the Ninth, and the other in the Tenth, Year of the Reign of Her late Majesty Queen Anne."

"22. An Act for repairing the Road leading from Chappel on the Heath, in the County of Oxon, to the Quarry above Bourton on the Hill, in the County of Gloucester."

"23. An Act to explain and amend an Act passed in the Thirteenth Year of His late Majesty's Reign, intituled, "An Act for amending the several Roads leading from the City of Bristol."

"24. An Act for making more effectual an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing, widening, and amending, the Roads from Wigan to Preston, in the County of Lancaster."

"25. An Act for repairing the Road leading from the Town of Fulham, in the County of Middlesex, through Fulham Fields, to the great Road near the Pound at Hamersmith, in the said County."

"26. An Act for confirming an Agreement lately entered into, between the Mayor, Aldermen, and Citizens, of the City of Worcester, and the Guardians of the Poor of the said City, for continuing the Hop-market of the said City in the Work-house there; and for vesting the Right of the said Mayor, Aldermen, and Citizens, of keeping a Hop-market in the said City, in the Guardians of the Poor of the said City, and their Successors for ever."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy lc veult."

"27. An Act for Sale of the Estate of Charles Duke of Grafton, in the County of Surrey; and to settle other Lands in Lieu thereof."

"28. An Act for enabling the Sale of several Lands and Hereditaments of Thomas Taylor and Maurace Shelton Esquires, in the County of Suffolk; and for settling other Lands, of as great Yearly Value, to the same Uses."

"29. An Act for making Divisions, Enclosures, and Allotments, of the Open Corn Fields and Pastures, in the Lordship of Catwick, in the County of York; and for settling and establishing the Payment of a Yearly Sum to the Rector of Catwick aforesaid, and his Successors, in Lieu of Tithes, pursuant to Agreement between the present Rector and Proprietors of the said Lands."

"30. An Act for exchanging the Parsonage-house and Glebe Lands in Biscathorpe, in the County of Lincoln, for other Lands belonging to the Lord of the Manor; and for giving a Recompence to the Rector, in Lieu of his Tithes, to enable the Lord of the Manor to enclose the Common Fields."

"31. An Act for enclosing, dividing, and exchanging, the Common Fields and Common Grounds, in the Parishes of Lower Slaughter and Upper Slaughter, in the County of Gloucester."

"32. An Act for dividing and enclosing divers Parcels of Commons and Waste Grounds, lying within the Manor of Westbroughton, in the Parish of Dovebridge, in the County of Derby."

"33. An Act for vesting certain Estates of Sir Hungerford Hoskyns Baronet in Trustees, to be sold, for the raising and paying his Brothers and Sisters Portions, now remaining a Charge upon his Estate, together with the Debts and Incumbrances of his Father Sir John Hoskyns, affecting the same."

"34. An Act for making and rendering effectual an Exchange of Estates therein mentioned, in the County of York, between Lancelot Lord Archbishop of York, and John Aislabie Esquire."

"35. An Act to enable Frances Arundell and George Henry Earl of Litchfield, Guardian of Mary Arundell (an Infant), during the Minority of the said Mary Arundell, to grant and fill up Leases of the Estates of the said Frances and Mary Arundell, in the Counties of Cornwal and Dorset."

"36. An Act for exemplifying the Will of Henry late Lord Herbert; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland."

"37. An Act for exemplifying the Will of Nicholas Bagenall Esquire; and for making the same Evidence in all Courts of Law and Equity in Great Britain and Ireland, and Dominion of Wales."

"38. An Act for confirming an Agreement for exchanging of Lands, made between Edmund Halsey Esquire deceased, and the Patron and Vicar of Stoke Poges, in the County of Bucks."

"39. An Act for selling Part of the Estate of Thomas Player Esquire, for discharging the Debts, Legacies, and Incumbrances, therein mentioned."

"40. An Act for vesting in Trustees the Estate of Lucy Bowry Widow and John Bowry her Son, situate in the Parishes of Edmonton and Tottenham, in the County of Middlesex, for the Sale thereof, to discharge the several Incumbrances thereupon; and for other Purposes therein mentioned."

"41. An Act for the Sale of the Estates of Edward Standen Esquire, deceased, at Arborfield and elsewhere, for discharging the Debts of the said Edward Standen; and other Purposes therein mentioned."

"42. An Act for selling Part of the Estate of Robert Westby Esquire, in the County of Lancaster, for raising Money, to discharge several Debts and Incumbrances of his Father and Brother; and for other Purposes therein mentioned."

"43. An Act to enable Reymundo Putt Esquire to make and fill up Leases of the Estate late of Sir Thomas Putt Baronet, deceased, in the Counties of Devon, Dorset, and Somerset."

"44. An Act for vesting in John Inglis (Executor of George Heriot Clerk, deceased) certain Lands in the County of Southampton, mortgaged in Fee, by Charles Bulkley Esquire, to the Testator, in Trust, for the Purposes therein mentioned."

"45. An Act for enabling Godfrey Kneller Huckle Gentleman, and the Heirs of his Body, to take and use the Surname of Kneller."

"46. An Act for naturalizing Erust Bardiwieck."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"It is a great Pleasure to Me, that, at the Close of this Session of Parliament, I am able to acquaint you, that the Hopes I had conceived, and given you, of seeing very suddenly a happy Period put to the Troubles and Disorders which had been so long apprehended, are now, by the Treaty signed at Vienna, answered and accomplished.

"A Project of a Convention betwixt the Emperor and the Maritime Powers, for accommodating the Differences and Disputes that were subsisting, having been formed; the Treaty is concluded and signed by Me and the Emperor, and is now under the Consideration of The States General, the Forms of that Government not admitting a previous Concert in a Negotiation of this Nature: And as this Treaty principally regards the Execution of the Treaty of Seville, it is likewise communicated to the Courts of France and Spain, as Parties to the Treaty of Seville; and I have just received Advice, that the Ratifications between Me and the Emperor are exchanged.

"The Conditions and Engagements which I have entered into, upon this Occasion, are agreeable to that necessary Concern which this Nation must always have for the Security and Preservation of the Balance of Power in Europe: And as the uncertain and violent State of Affairs to which Europe was reduced, and the Mischiefs of an immediate general War, which began to be thought unavoidable, are now removed; this happy Turn, duly improved, with a just Regard to our former Alliances, which it shall be my Care to preserve, gives us a favourable Prospect of seeing the public Tranquillity re-established.

"Gentlemen of the House of Commons,

"I return you My Thanks, for the effectual Supplies which you have granted Me for the Service of the present Year; and for the proper Disposition you have made of the Public Funds, towards lessening and discharging the National Debt. The remarkable Dispatch and Unanimity which you have shewn, at this critical Conjuncture, has added very much to the Credit and Weight of your Proceedings; and you shall find as great a Readiness on My Part to ease the Burdens of My People, as soon as the Circumstances and Situation of Affairs will admit of it, as you have shewn to raise the Supplies necessary for the Service of the Public.

"My Lords, and Gentlemen,

"I hope, at your Return into the Country, you will find all Attempts to raise a Spirit of Discontent among My People, by unjust Clamours and Misrepresentations, vain and inessectual. All malicious Insinuations to the Prejudice of My Measures must surely vanish, when it shall appear that my First and principal Care has been for the Interest and Honour of this Kingdom: Let it be your Endeavour to remove all groundless Jealoufies and Apprehensions, that the Satisfaction of the Nation may be as general, as it is my earnest Desire that their Happiness may be: Let all My People, let all Orders of Men, enjoy quietly and unenvied the Rights, Privileges, and Indulgences, which by Law they are entitled to; let no Innovations disturb any Part of My Subjects in the Possession of their legal Property; let all that are zealous in the Support of Me and My Government partake in common the Benefits of the present happy Establishment; and let your Good-will to one another be as extensive as My Protection, which all My good and faithful Subjects have an equal Right to, and may equally depend upon."

His Majesty's Speech being ended; the Lord Chancellor received His Majesty's Commands; and, being returned to His Place, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Twentyseventh Day of July next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Twenty-seventh Day of July next."

Hitherto examined by us,
Bridgewater.
Abingdon.
Falmouth.
N. St. Davids.
Romney.