Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 24: May 1736', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online https://www.british-history.ac.uk/lords-jrnl/vol24/pp655-683 [accessed 10 November 2024].
'House of Lords Journal Volume 24: May 1736', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online, accessed November 10, 2024, https://www.british-history.ac.uk/lords-jrnl/vol24/pp655-683.
"House of Lords Journal Volume 24: May 1736". Journal of the House of Lords Volume 24, 1732-1737. (London, 1767-1830), , British History Online. Web. 10 November 2024. https://www.british-history.ac.uk/lords-jrnl/vol24/pp655-683.
In this section
May 1736
DIE Lunæ, 3o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Nairn against Ly. Nairn & al.
The joint and several Answers of Margaret Lady Nairn and others, to the Appeal of John Nairn of Greenyards Esquire, was brought in.
As was also the Answer of Duncan Forbes Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, to the same Appeal.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Mr. Attorney General and others:
With a Bill, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing her Royal Highness the Princess of Wales;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Secretary at War and others:
With a Bill, intituled, "An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown, for Customs for Tobacco;" to which they desire the Concurrence of this House.
Address, to congratulate His Majesty on the Nuptials of the Prince and Princess of Wales.
Ordered, That an humble Address be presented to His Majesty, "To congratulate His Majesty on the happy Nuptials of their Royal Highnesses the Prince and Princess of Wales; and to assure His Majesty of the dutiful Sense which this House has of this great Instance of His wife Care, to perpetuate the Protestant Succession in His Royal House, and to continue the Blessings of His auspicious Reign to Posterity."
Then the Lords following were appointed a Committee, to prepare an Address, pursuant to the said Order; (videlicet,)
D. Newcastle. D. Portland. E. Warwick. E. Winchilsea. E. Chesterfield. E. Cholmondeley. E. Pomfret. |
Ld. Delawarr. L. Carteret. L. Bathurst. L. Onslow. L. Lovell. |
Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings.
The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
And the Duke of Newcastle reported from the said Committee an Address drawn by them, as follow:
Address:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do humbly beg Leave to congratulate Your Majesty on the happy Nuptials of their Royal Highnesses the Prince and Princess of Wales; and do, with the utmost Duty, lay hold of this First Opportunity of assuring Your Majesty, that this House has the deepest and most grateful Sense of this great Instance of Your Wisdom and Care to perpetuate the Protestant Succession in Your Royal House, and to transmit the Blessings of Your auspicious Reign to Posterity."
Which Address, being read by the Clerk, was agreed to by the House.
Ordered, That the same be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will be pleased to appoint to be attended with the said Address.
The Queen to be congratulated:
Ordered, That a congratulatory Message be sent to Her Majesty, from this House, on the happy Nuptials of their Royal Highnesses the Prince and Princess of Wales; and that the Lord President, Lord Steward, and Earl of Ilay, do carry the said Message.
Prince and Princess of Wales to be congratulated.
Ordered, That a Message be sent from this House, to their Royal Highnesses the Prince and Princess of Wales, to congratulate them upon this joyful Occasion; and that the Duke of Montagu, Duke of Portland, and Lord Hardwicke, do carry the said Message.
Princess of Wales, to exhibit Nat. Bill.
Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, "An Act for exhibiting a Bill in this present Parliament for naturalizing her Royal Highness the Princess of Wales."
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. John Bennet and Mr. Burroughs:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Pet. of West India Merchants, against the Gin Bill:
Upon reading the Petition of the several Agents for Barbados, Jamaica, Antigua, St. Christophers, and Nevis; and of the Merchants, Planters, and others, trading to, and interested in, the British Sugar Colonies in America; expressing their Apprehension, "That, if the Bill for laying a Duty on the Retailers of Spirituous Liquors passes into a Law, it will bring unavoidable Ruin on the Sugar Colonies; and submitting their Case to the House, in full Assurance that their Lordships Wisdom will be able to find Means effectually to suppress the Evils occasioned by the excessive Use of Spirituous Liquors, without destroying so advantageous a Trade, upon which the Subsistence of so many Thousands of His Majesty's Subjects depends;" and praying, "That the Petitioners may be heard, by themselves or their Counsel, against the said Bill, or so much thereof as they conceive may extend to their Prejudice, or affect the Sugar Trade."
After Debate;
Rejected.
It is Ordered, That the said Petition be rejected.
Pet. for Glasgow Duty on Beer Bill.
Upon reading the Petition of Mr. George Ross, Agent for, and as authorized and empowered by, many and the most considerable Barons and Freeholders of the County of Lanerk, and by many Magistrates of several other Counties and Towns in Scotland; praying, "That the Bill for continuing a Duty of Two Pennies Scots, on every Pint of Ale and Beer sold in the City of Glasgow, may pass into a Law; or that they may be heard, by their Counsel, in Favour of the said Bill:"
It is Ordered, That the Petitioners may be heard, by Counsel, for the said Bill, as desired.
Persons who have neglected to take the Oaths for Offices, to indemnify, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law; and for allowing further Time for that Purpose; and for amending so much of an Act passed in the Second Year of the Reign of His present Majesty, as requires Persons to qualify themselves for Offices before the End of the next Term, or Quarter Sessions; and also for enlarging the Time limited by Law for making and subscribing the Declaration against Transubstantiation; and for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers, Devisees, and Lessees."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Sallom's Bill.
The Duke of Newcastle acquainted the House, "That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act for vesting in John Sallom Gentleman and his Heirs a Reversion in Fee of Lands and Hereditaments therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attain ed of High Treason," had commanded him to inform their Lordships, that, as far as the Interest of the Crown was concerned, His Majesty had no Objection to their proceeding on the said Bill."
Then the same was read a Second Time.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Baldwin, to revive Appeal.
Upon reading the Petition of Catherine Baldwin Executrix, and George Horne Executor, of Thomas Baldwin deceased; praying, "In regard of the Death of the said Thomas Baldwin, that his Appeal may be revived; and the Petitioners made Parties thereto, instead of the said Thomas Baldwin; and that the Hearing of the Cause may be put off in the mean Time:"
It is Ordered, That the said Appeal be revived, as desired; and the Petitioners made Parties thereto, instead of the said Thomas Baldwin.
Causes put off.
Ordered, That the Cause wherein Valentine Quin Esquire is Appellant, and Samuel Langley Respondent, appointed to be heard this Day, be put off to Friday next; and the other Causes on Cause days removed, to come on in Course.
Dispositions of Lands, to restrain, Bill.
Whereas To-morrow is appointed, for the House to be put into a Committee upon the Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable;" and the Lords to be summoned:
It is Ordered, That the House be put into a Committee thereupon on Wednesday next.
Glasgow Duty on Beer, Bill.
Ordered, That the Third Reading of the Bill for continuing the Duty of Two Pennies Scots on every Pint of Ale and Beer sold in the City of Glasgow; and hearing Counsel, as well for as against the same; which was appointed for To-morrow, be put off to this Day Sevennight; and several Witnesses to attend.
Craik against Craik & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Mary Craik is Appellant, and Jean Craik and John Stewart are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the next vacant Day for Causes after those already appointed.
Importation and Exportation of Fish, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to render the Law more effectual, for preventing the Importation of Fresh Fish taken by Foreigners; and to explain so much of an Act made in the Thirteenth and Fourteenth Year of the Reign of King Charles the Second, as relates to Ships exporting Fish to the Ports of The Mediterranean Sea; and for the better Preservation of the Fry of Lobsters on the Coasts of Scotland."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.
Clerk of the Parliaments Pet. Committee to meet.
Ordered, That the Lord Delawarr be added to the Committee appointed the 13th of April last, to consider of the Petition of the Clerk of the Parliaments, containing Complaints against the Clerk Assistant; and that Mr. Nathaniel Cowdery and the Reverend Mr. Thomas Fitzgerald to attend this House, to be sworn, in order to be examined before the said Committee; and that the Petition of the Clerk Assistant, formerly presented to this House, praying, "That the Clerk of the Parliaments may be required to come to an Accompt with him, touching One Article in the Table of Fees;" as also a Petition of the Clerk of the Parliaments, in relation to the same Matter; be referred to the same Committee; whose Lordships are to meet on Wednesday next.
Return of the Governors of Queen Anne's Bounty, delivered.
The House being informed, "That Mr. Thomas Moore, Secretary to the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the Poor Clergy, attended:"
He was called in; and delivered, at the Bar, pursuant to their Lordships Order, several Books and Papers; together with a Return, in Writing, signed by him.
And then he was directed to withdraw.
And the said Return was read, by the Clerk, as follows:
"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.
"In Obedience to an Order of this Honourable House, bearing Date the Sixteenth Day of April 1736, the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the Poor Clergy, do humbly lay before your Lordships an Accompt of what Sums of Money they have received for First Fruits and Tenths; and also an Accompt of what Sums of Money they have received, and from whom, for the Increase of the said Bounty in each Year since their Incorporation; what Part of those Sums hath been laid out in each Year, and to what Uses; and what Part thereof is now in their Hands, and where deposited; which several Particulars are contained in the Papers marked (A), herewith laid before your Lordships. And the said Governors, in Pursuance of the Order aforesaid, do also lay before your Lordships an Account of what Livings are capable of being augmented, according to the Act made in the Second and Third Year of Her late Majesty Queen Anne (intituled, "An Act for the making more effectual Her Majesty's gracious Intentions for the Augmentation of the Maintenance of the Poor Clergy, by enabling Her Majesty to grant in Perpetuity the Revenues of the First Fruits and Tenths; and also for enabling any other Persons to make Grants for the same Purpose"), and the respective Values of such Livings; which are contained in the Book marked (B). And the said Governors do likewise lay before your Lordships the Charters of the said Corporation, and the Rules appointed under the Great Seal for the better Rule and Government of the said Corporation; which are contained in the Papers marked (C). And the said Governors do further set forth, that there have not been any Lands devised by Will to this Corporation since their Establishment, which have come to their Hands, except a Freehold Tenement in Bread Street, London, of about the Value of Twenty-five Pounds per Annum, devised by the last Will of Mr. George Robins, deceased.
"By Order of the Governors,
"Dated, 3d May, 1736.
"Thomas Moore,
"Secretary."
Against listing Soldiers without License, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License."
Randolph's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown, for Customs for Tobacco."
Spirituous Liquors, 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 the Retailers of Spirituous Liquors; and for licensing the Retailers thereof."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
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, 4o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
His Majesty to be attended with the Address on the Prince of Wales's Marriage.
The Lord Chamberlain acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time he would be pleased to appoint to be attended with the Address of Yesterday; and that His Majesty had been pleased to appoint this Day, at Two a Clock, at His Palace of St. James's."
Vaux's Bill.
The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Ixworth Common, for enclosing, Bill:
The said Earl made the like Report from the Committee to whom the Bill, intituled, "An Act for dividing and enclosing the Common Field and Plots of Commonable Lands, and for stinting the Common, or Heath, in the Manor of Ixworth, within the Parish of Ixworth, in the County of Suffolk," was committed.
And the said Bill being read the Third Time:
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. John Bennet and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
E. Cowper's Bill.
A Message was brought from the House of Commons, by Mr. Hanbury Williams and others:
To return the Bill, intituled, "An Act for settling the Estate of William late Earl Cowper, deceased, to the Uses, and for the Purposes, mentioned in certain Articles of Agreement, made between William now Earl Cowper and his Brother, and the Issue of Spencer Cowper Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Quakers Tithes, &c. Bill.
A Message was brought from the House of Commons, by Mr. Glanville and others:
With a Bill, intituled, "An Act for the more easy Recovery of Tithes, Church Rates, and other Ecclesiastical Dues, from the People called Quakers;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the same be printed.
Spirituous Liquors, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for laying a Duty upon the Retailers of Spirituous Liquors, 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 the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Against listing Soldiers without License; Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License."
Ordered, That the said Bill be committed to a Committee of the whole House, on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 5o Maii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
King present:
His Majesty, being seated on the 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, that they attend Him immediately, in this House."
Who being come, with their Speaker;
He, after a short Introduction in relation to the Bill for laying a Duty upon the Retailers of Spirituous Liquors, delivered the same to the Clerk; who brought it to the Table; where the Title of that and the several other Bills ready for the Royal Assent were read, as follow:
Bills passed.
"1. An Act for laying a Duty upon the Retailers of Spirituous Liquors; and for licensing the Retailers thereof."
To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
"2. An Act for exhibiting a Bill in this present Parliament, for naturalizing her Royal Highness the Princess of Wales."
"3. An Act for reviving and continuing the Acts therein mentioned; and for explaining and amending a Clause in an Act made in the First Year of the Reign of His late Majesty King George the First, (intituled, "An Act for making the Laws for repairing the Highways more effectual,") relating to the appointing Scavengers in Cities and Market Towns, and the ordering the Assessments for the repairing and cleansing the Streets therein."
"4. An Act for indemnifying Persons who have omitted to qualify themselves for Offices within the Time limited by Law, and for allowing further Time for that Purpose; and for amending so much of an Act passed in the Second Year of the Reign of His present Majesty, as requires Persons to qualify themselves for Offices before the End of the next Term or Quarter Sessions; and also for enlarging the Time limited by Law for making and subscribing the Declaration against Transubstantiation; and for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers, Devisees, and Lessees."
"5. An Act for more equal paying and better collecting certain small Sums for Relief of shipwrecked Mariners and distressed Persons, His Majesty's Subjects, in the Ports of Cadiz and Port Saint Mary's, in the Kingdom of Spain; and for other Uses usually contributed to by the Merchants trading to the said Ports."
"6. An Act for the better enlightening of the Streets of the City of London."
"7. An Act for re-building the Parish Church of Gainsburgh, in the County of Lincoln."
"8. An Act for the better regulating the Nightly Watch and Beadles, within the Parish of Saint Paul, Covent Garden, within the Liberties of the City of Westminster."
"9. An Act for the better regulating the Nightly Watch and Beadles, within the Parish of Saint Anne, within the Liberties of the City of Westminster."
"10. An Act for the better regulating the Nightly Watch and Beadles, within the Parishes of Saint Margaret and Saint John the Evangelist, within the City and Liberty of Westminster."
"11. An Act to enable the Justices of the Peace acting for the Western Division of the County of Kent to purchase a convenient Piece of Ground, for building a Gaol for the said County; and for empowering the said Justices to apply Part of the County Stock of the said Division towards the same."
"12. An Act for enabling the Mayor, Bailiffs, and Burgesses, of the Borough of New Windsor, in the County of Berks, to repair and maintain their great Bridge over the River of Thames, and the Way thereon, leading from the said Borough of New Windsor, to Eton, in the County of Bucks."
"13. An Act for making more effectual Two Acts of Parliament, One of the Tenth Year of the Reign of Her late Majesty Queen Anne, and the other of the Seventh Year of the Reign of His late Majesty King George the First, for repairing the Road from Highgate Gatehouse, in the County of Middlesex, to Barnet Blockhouse, in the County of Hertford; and the Road from The Bear Inn in Hadley, to The Angel in Enfield Chace; and for amending Cane Wood Lane, leading from Highgate to Hampstead, in the said County of Middlesex."
"14. An Act for repairing the Roads leading from Henley Bridge, in the County of Oxford, to Dorchester Bridge, and from thence to Culham Bridge, and to a Place called Milestone, in the Road leading to Magdalen Bridge, in the said County."
"15. An Act for continuing the Term and Powers granted by an Act passed in the Fourth Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways from Crown Corner, in the Town of Reading (leading by and through the several Parishes of Shinfield and Heckfield), in the several Counties of Berks, Wilts, and Southampton, to Basingstoke, in the said County of Southampton."
"16. An Act for repairing the Highways from Sunning Lane End, next Twyford, to The Old Bear Inn, in Reading, in the County of Berks."
"17. An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed or brought into and sold within the Town of Irvine and Liberties thereof; and for laying a Duty of One Penny Sterling upon every Ton, or Ten Horse-loads, of Coals carried to the Harbour of the said Town, and shipped there for Transportation."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Le Roy le veult."
"18. An Act for settling the Estate of William late Earl Cowper, deceased, to the Uses, and for the Purposes, mentioned in certain Articles of Agreement made between William now Earl Cowper and his Brother, and the Issue of Spencer Cowper Esquire, deceased."
"19. An Act to enable Harry Earl of Stamford and Harry Gray Esquire, commonly called Lord Gray, Son and Heir Apparent of the said Earl, to make a Settlement upon the Marriage of the said Lord Gray, notwithstanding his Infancy."
"20. An Act for empowering the Trustees named in the Will of Thomas late Earl of Pembroke and Montgomery to lay out the Residue of his Personal Estate in the Purchase of such Lands and Hereditaments as in this Act are mentioned."
"21. An Act for discharging the Estate purchased by the Trustees of Charles Cavendish Esquire, commonly called Lord Charles Cavendish, from the Trusts of his Settlement; and for enabling the said Trustees to sell and dispose of the same, for the Purposes therein mentioned."
"22. An Act for exchanging of Lands, between Sir John Astley Baronet, and the President and Fellows of Queen's College, in Cambridge."
"23. An Act to enable the Dean and Chapter of Saint Peter's, Westminster, to convey a Piece of Ground, with Three Houses thereon, at Kinghtsbridge, to a Trustee, for the Contributors to Saint George's Hospital, and their Successors."
"24. An Act for making effectual Articles of Agreement, touching the Estates late of Roger Nowell the Elder, of Read, in the County of Lancaster, Esquire, and Roger Nowell his Son, lying in the same County, and in the County of York; and vesting the said Estates in Trustees, to be sold, for the Payment of Debts, and other Purposes therein mentioned.
"25. An Act for Sale of an undivided Fourth Part of the Manor of Plumpton, and certain Lands and Hereditaments, in the County of Sussex, the Estate of Elizabeth Shore and her Daughters; and for vesting the Money arising thereby in Trustees, for the same Uses to which the said Estate now stands settled."
"26. An Act for vacating the Grants and Settlements of certain Manors, Lands, and Tenements made by George Parker Esquire, upon the Marriage of Francis his Son with Jaquete his now Wife; and for settling other Lands instead thereof."
"27. An Act for vesting the Equity of Redemption of all the Lands of Inheritance and Leasehold Estates late of Charles Bentley Esquire, deceased, lying in the County of Worcester, in Trustees, to be sold, for Payment of his Debts, and making some Provision for Penelope his Widow, and Charles and Penelope, Insants, his Son and Daughter."
"28. An Act for vesting the Estate of William Gee Esquire in Trustees, to settle the same, pursuant to an Agreement made previous to his Marriage with Elizabeth his Wife, Daughter of Roger Talbot Esquire."
"29. An Act for explaining the Will of Joseph Banks Esquire, deceased; and for empowering several Persons claiming under the said Will to make Jointures and Leases, in such Manner as is therein mentioned."
"30. An Act for enclosing and dividing the Common Field called Alderminster Common Field, Common Pastures, and other Common Grounds, in the Parish of Alderminster, in the County of Worcester."
"31. An Act for dividing and enclosing certain Commons and Waste Grounds, called Stankam and Soldridge Commons, in the Parish of Old Alresford, in the County of Southampton."
"32. An Act for dividing and enclosing the Common Field and Plots of Commonable Lands, and for stinting the Common or Heath, in the Manor of Ixworth, within the Parish of Ixworth, in the County of Suffolk."
"33. An Act to enable Charles Herbert Esquire, now called Charles Sheffield, and his Issue, to take and use the Surname of Sheffield, pursuant to the Will of John late Duke of Buckinghamshire and Normanby, deceased."
"34. An Act to enable Reginald Lygon Esquire, otherwise Pyndar, and the Heirs Male of his Body, to take upon him and them the Surname and Arms of Lygon, pursuant to the Settlement of William Lygon Esquire, deceased."
"35. An Act to enable William Berkeley Esquire, now called William Portman, and his Issue Male, to take and use the Surname of Portman only."
"36. An Act to enable Robert Kendall Esquire, now called Robert Cater, and his Issue, to take and use the Surname and Arms of Cater."
"37. An Act to enable John Shales, commonly called John Barrington, and the Heirs of his Body, to take and use the Surname of Barrington, pursuant to a Settlement made by Sir Charles Barrington Baronet, deceased."
"38. An Act to enable Robert Phillips Esquire and his Issue Male to take and use the Surname of Lee, pursuant to the Will of Robert Lee Esquire, deceased."
"39. An Act to enable John Gilbert Esquire and the Heirs Male of his Body to take and use the Surname and Arms of Cooper, pursuant to the Will of John Cooper of Thurgarton Esquire, deceased."
"40. An Act to enable John Sinclair, Eldest Son of Henry late Lord Sinclair, deceased, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him."
"41. An Act to enable George Allgood Esquire, lately called George Smith, and the Heirs Male of his Body, to take and use the Surname of Allgood only, pursuant to the Will of George Allgood Gentleman, deceased."
"42. An Act to enable William Murray to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may have descended or come to him since His late Majesty's most Gracious Pardon, dated the 20th of July in the 7th Year of His Reign, or that shall hereafter descend or come to him."
"43. An Act for naturalizing Friedrich Felthusen."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
His Majesty's Answer to the Address:
The Lord Chancellor reported, "That the House did Yesterday present to His Majesty their humble Address; to which His Majesty was pleased to return this Gracious Answer; (videlicet,)
"My Lords,
"I thank you for your Congratulations upon the Marriage of My Son; and I take very kindly this fresh Instance of your Zeal and Affection for My Family and Government."
Queen's Answer to the Congratulatory Message:
The Lord President acquainted the House, "That he, with the other Lords directed, had carried the Message of Congratulation to Her Majesty, on the happy Nuptials of their Royal Highnesses the Prince and Princess of Wales; and that Her Majesty was pleased to say, "That the House of Lords have always shewn so much Duty to the King, and that She has so frequently experienced their Regard to Herself, that She cannot but be convinced of the Satisfaction they must have on this Occasion: That She takes this Congratulation very kindly, and returns this House Her Thanks for it."
Prince's Answer.
The Duke of Montagu acquainted the House, "That he, with the other Lords directed, had carried the Message of Congratulation to their Royal Highnesses the Prince and Princess of Wales, upon the same joyful Occasion; and that his Royal Highness was pleased to say, "He returned a great many Thanks to the House of Lords, for the Regard they have shewn on this Occasion."
Princess of Wales' Nat. Bill.
The Duke of Newcastle presented to the House a Bill, intituled, "An Act for naturalizing her Royal Highness the Princess of Wales."
And the same being read Twice:
Ordered, That the said Bill be engrossed.
Randolph's Bill.
The Duke of Newcastle signified to the House, "That His Majesty, having been acquainted with the Contents of the Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown for Customs for Tobacco," was pleased to consent thereunto, so far as the Interest of the Crown was concerned."
Then the said Bill was read a Second Time.
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Princess of Wales' Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing her Royal Highness the Princess of Wales."
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 the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Denton:
To carry down the said Bill, and desire their Concurrence thereunto.
Dispositions of Lands to restrain, Bill:
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable:"
Trinity College in Cambridge, Pet. against it.
A Petition and Representation of the Master, Fellows, and Scholars, of the College of The Holy and Undivided Trinity, in the Town and University of Cambridge, was presented, and read; setting forth, "That they are endowed with the Patronage and Advowson of many small Livings; and that they apprehend, they will be restrained from receiving Benefactions, if the Bill abovementioned should pass;" and praying, "That they may be enabled to sell such of their small Livings as they shall see proper; which, instead of being an Advantage to the College, are a great Burthen to them."
Ordered, That the said Petition do lie on the Table.
Then the House (according to Order) was adjourned during Pleasure, and put into a Committee upon the said Bill.
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had made some Progress in the said Bill."
Ordered, That the House be put into a Committee again To-morrow, to consider further of the said Bill.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis fextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 6o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Vaux's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances."
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. John Bennet and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Nairn against Nairn & al.
The House being moved, "That Tuesday next may be appointed, for hearing the Cause wherein John Nairn of Greenyards Esquire is Appellant, and Margaret Lady Nairn and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday next, as desired.
Messages from H. C. to return Westminster Bridge Bill;
A Message was brought from the House of Commons, by the Lord Sundon and others:
To return the Bill, intituled, "An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
and Pitt's Bill:
A Message was brought from the House of Commons, by Mr. Fane and others:
To return the Bill, intituled, "An Act to enable the Guardians and Trustees of Samuel Pitt, an Infant, to compound with Samuel Pitt Merchant, for a Sum of Money decreed to the said Infant by the Court of Chancery;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Recovery of Small Debts in London, Bill.
The Order of the Day, for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for the more easy and speedy, Recovery of Small Debts, within the City of London, and Liberties thereof," [ (fn. 1) being read]:
Ordered, That the said Report be received on this Day Fortnight.
Randolph's Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown, for Customs for Tobacco."
After some Time, 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."
Charteris against Murray & al.:
The House was informed, "That Archibald Murray Esquire and others, Respondents to the Appeal of Francis Charteris of Armsfield Esquire and his Guardians, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by Mr. James Craig Writer to His Majesty's Signet, of the due Service of the said Order, being read:
Respondents to answer peremptorily.
It is Ordered, That the Respondents do peremptorily put in their Answer or respective Answers to the said Appeal in a Week.
Reessen, Nat. Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Reessen," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Message from H. C. to return Princess of Wales' Nat. Bill.
A Message was brought from the House of Commons, by Mr. Attorney General and others:
To return the Bill, intituled, "An Act for naturalizing her Royal Highness the Princess of Wales;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Quakers Tithes, &c. Bill:
Ordered, That the Bill, intituled, "An Act for the more easy Recovery of Tithes, Church Rates, and other Ecclesiastical Dues, from the People called Quakers," be read a Second Time on Tuesday next; and the Lords to be summoned.
Clergy of Middlesex, Pet. against it.
Upon reading the Petition of several of the Clergy of the County of Middlesex, in Behalf of themselves and their Brethren, whose Names are thereunto subscribed; setting forth, "That, if the abovesaid Bill passeth into a Law, the Petitioners conceive, (fn. 2) it will prove very prejudicial to the Rights of themselves and several other Parochial Clergy;" and praying, "That they may be heard, by themselves or Counsel, against the said Bill; or that they may have such other Relief as to the House shall seem meet:"
Itis Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof; as may Counsel also be heard for the Bill, at the same Time.
Dispositions of Lands to restrain, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable."
After some Time, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereunto; which he was directed to report, when the House will please to receive the same."
Ordered, That the said Report be received on Monday next; the Lords to be summoned; and the Judges to attend.
Accounts from the Governors of the Bounty of Queen Anne, &c. to be printed.
Ordered, That the Return made by the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the poor Clergy, pursuant to the Order of this House the 16th of April last, together with an Accompt of what Sums of Money have been received by the said Governors for First Fruits and Tenths, and of what Sums of Money they have received, and from whom, for the Increase of the said Bounty, in each Year since their Incorporation; what Part of those Sums hath been laid out in each Year, and to what Uses; and what Part is now in their Hands, and where deposited; and also an Account of what Livings are capable of being augmented, according to the Act made in the Second and Third Year of Her said late Majesty, for making more effectual Her Gracious Intentions for such Augmentation, and the respective Values of such Livings; and also the Charters of the said Corporation, and the Rules appointed under the Great Seal for the better Rule and Government thereof; and likewife an Account of what Licenses have been granted by the Crown, and for what Values respectively, to any Person or Persons, Bodies Politic or Corporate, their Heirs and Successors, to alien in Mortmain, and to purchase, take, and hold in Mortmain, in Perpetuity, any Lands, Tenements, or Hereditaments, since the Act of the 7th of King William the Third, intituled, An Act for the Encouragement of Charitable Gifts and Dispositions," to this present Time, be printed.
Address touching Rules given to the Governor of Queen Anne's Bounty.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that the Rules and Orders which have been given for the Government of the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the poor Clergy, and for the managing, governing, applying, and disposing, of the Royal Bounty granted to the said Corporation, and for the Augmentation of the Maintenance of the poor Clergy, may be reviewed; and that such Alterations may be made therein, or such new Rules and Orders given to the said Corporation, as to His Majesty, in His Royal Wisdom, shall seem meet."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
Hitherto examined by us,
Bridgewater.
Litchfield.
Bristol.
N. St. Davids.
Isa. Asaph.
DIE Veneris, 7o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. with a Bill; and to return Purty's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Thomas Gore and others:
To return the Bill, intituled, "An Act for naturalizing David Purry;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
Sail Cloth, Bill.
A Message was brought from the House of Commons, by Mr. Alderman Willimott and others:
With a Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Reessen, Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Reessen."
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. John Bennet and Mr. Allen:
To carry down the said Bill, and desire their Concurrence thereunto.
Against listing Soldiers without License, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License."
After some Time, the House was resumed.
And the Lord Bishop of Glocester 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."
Importation and Exportation of Fish, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to render the Law more effectual, for preventing the Importation of fresh Fish taken by Foreigners; and to explain so much of an Act made in the Thirteenth and Fourteenth Year of the Reign of King Charles the Second, as relates to Ships exporting Fish to the Ports of The Mediterranean Sea; and for the better Preservation of the Fry of Lobsters on the Coasts of Scotland."
After some Time, the House was resumed.
And the Duke of Atholl 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."
Sallom's Bill.
The Duke of Atholl reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in John Sallom Gentleman and his Heirs a Reversion in Fee of Lands and Hereditaments therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attainted of High Treason," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Quin against Langley:
After hearing Counsel, upon the Petition and Appeal of Valentine Quin Esquire; complaining of Two several Orders of the Court of Exchequer in Ireland, of the 10th of December and 15th of February 1734, and the subsequent Proceedings thereon, in a Cause wherein Samuel Langley Clerk, Heir and Executor of his Mother Mary Langley, and Heir to Anthony Langley his Brother, by Bill of Revivor and Supplemental Bill, was Plaintiff, and Debora Cox Widow, Relict and Administratrix of Robert Cox the Appellant, and others, Tenants in Possession of the Premises in Question, were Defendants; and praying, "That the same may be reversed; and that the Appellant may have such other Relief as to the House shall seem meet:" As also upon the Answer of the said Samuel Langley put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders of the Court of Exchequer in Ireland, complained of in the said Appeal, be, and are hereby, affirmed; with this Variation, "That, in taking the Accompt thereby directed, such Allowances be made the Appellant as he is entitled to have against the said Debora Cox, under the Decree obtained by her against the Appellant in the Court of Chancery in Ireland; and that he have a Commission to prove his Discharge; and that the said Court of Exchequer do enlarge the Time for the Officer to make his Report, and for the Payment of the Money that shall be found due, to such further Time as the said Court shall think fit; and do give the necessary Orders for speeding the Accompt."
Causes put off.
Ordered, That the Cause between Baldwin and Van Charrante, appointed for Monday, be put off to Wednesday; and the other Causes on Cause-days removed in Course; and the Cause between Nairn and Nairn from Tuesday to Thursday.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 10o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Baldwin against Van Charrante & al.
The joint and several Answers of Gabriel Van Charrante and others, to the amended Petition and Appeal of Catherine Baldwin, was brought in.
Sail Cloth, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom."
Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next.
His Majesty's Answer to the Address concerning Queen Anne's Bounty.
The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, with their Lordships Address of Thursday last, "That He would be pleased to give Directions that the Rules and Orders which have been given for the Government of the Governors of the Bounty of Queen Anne, for the Augmentation of the Maintenance of the poor Clergy, may be reviewed and altered, or new ones made;" and that His Majesty was pleased to say, He would give Directions accordingly."
Sallom's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in John Sallom Gentleman and his Heirs a Reversion in Fee of Lands and Hereditaments therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attainted of High Treason."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Against listing Soldiers without License, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Importation and Exportation of Fish, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to render the Law more effectual, for preventing the Importation of fresh Fish taken by Foreigners; and to explain so much of an Act made in the Thirteenth and Fourteenth Year of the Reign of King Charles the Second, as relates to Ships exporting Fish to the Ports of The Mediterranean Sea; and for the better Preservation of the Fry of Lobsters on the Coasts of Scotland."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Three preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Edwards:
To acquaint them, that the Lords have agreed to the Three last mentioned Bills, without any Amendment.
Glasgow, Duty on Beer, Bill:
The Order of the Day being read, for hearing Counsel, as well for as against the Bill, intituled, "An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages:"
Ordered, That no more than One Counsel of a Side be allowed to be heard.
Then the Counsel were called in.
And the said Bill was read the Third Time.
And Counsel was heard, upon the several Petitions against the said Bill:
And called Gabriel Mackcrocket; who was sworn, and examined as to the Amount of the Duty of Two Pennies Scots in Glasgow, how collected, where, and from whom, and what Hardships it occasions.
John Gill produced, and examined upon Oath, as to the Amount of the Duty, and how it is collected.
David Main likewise examined upon Oath, whether the Village called The Gorbells belongs to the City of Glasgow, or the County of Lanerk at large; and touching the Amount of the Duty for the said City.
Robert Reynock also examined upon Oath, as to what he knew of the Village of Gorbells; whether the Inhabitants have any, or what, Privileges at Glasgow; how much the Duty amounts to in that City; and if any, or what, Difficulties will lie on the said Inhabitants, if the Duty be laid on them as intended by the Bill.
William Cunningham, an Officer in the Excise, also examined upon Oath, as to the Amount of the Duty at Glasgow; what it is supposed it will raise at The Gorbells, and what Privileges the Inhabitants at that Place claim at Glasgow.
Then Counsel were heard for the Bill.
And an Act of King William and Queen Mary, for laying a Duty of Two Pennies Scots at Glasgow, was read:
As also another of Queen Anne, before the Union.
And Andrew Ramsay was produced, sworn, and examined as to any, or what, Debts are owing from the City of Glasgow.
Next, Neal Buchannan was examined upon Oath, as to the Amount of the Revenue of the City; what Debts are owing from them; what are their Expences touching the Farming of the Duty, and by whom; and how the Money arising by it has been applied.
Robert Stevenson likewise examined upon Oath, as to his Knowledge of the Village of Gorbells; touching the Privileges of the Inhabitants; whether any, or what, Toll is paid by them; and as to the Amount of their Revenue and Expences.
An Act in the Year 1661, for allocating The Gorbells to the City of Glasgow, was read.
And Counsel against the Bill heard, by Way of Reply.
And an Instrument dated in the same Year 1661, being an Agreement between the City of Glasgow and The Gorbells, being read:
The Counsel were directed to withdraw.
And the Question being put, "Whether the said Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Dispositions of Lands to restrain, Bill.
The Order being read, for receiving the Report of the Amendment made by the Committee of the whole House, to whom the Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable."
Ordered, That the said Report be received Tomorrow; the Lords to be summoned; and the Judges to attend.
Clerk of the Parliaments Petition; Committee to meet.
The House was informed, "That the Committee to whom was referred the Petition of the Clerk Assistant, relating to an Accompt between him and the Clerk of the Parliaments, with respect to One Article in the Table of Fees; as also a Petition of the Clerk of the Parliaments, in relation to the same Matter; was, by Adjournment, to meet on Wednesday next."
And it being moved, "That the said Committee do meet To-morrow, to take the said Petitions into Consideration:"
The same was ordered accordingly.
Adjourn.
Dominus Cancellarius, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, undecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 11o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Merchants and others against Sail Cloth Bill.
Upon reading the Petition of several Merchants, Owners and Masters of Ships, whose Names are thereunto subscribed, on Behalf of themselves and many others concerned in the British Navigation; praying, That they may be heard, by themselves or Counsel, against the Bill for giving further Encouragement to the Manufacturers of British Sail Cloth; and be relieved in the Matters complained of, as to the House shall seem meet:"
It is Ordered, That the said Petition be referred to the Consideration of the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by Counsel, in relation thereunto; as may also Counsel be heard for the said Bill at the same Time, provided One Counsel of a Side only be heard.
Dispositions of Lands, to restrain, Bill.
The Lord Delawarr (according to Order) reported from the Committee of the whole House the Amendment made by the said Committee to the Bill, intituled, An Act to restrain the Dispositions of Lands, whereby the same become unalienable."
And the same, being read Twice by the Clerk, was agreed to by the House; and is as follows:
"Provided always, That nothing herein before mentioned, relating to the Sealing and Delivery of any Deed or Deeds Twelve Calendar Months at least before the Death of the Grantor, or to the Transfer of any Stock Six Calendar Months before the Death of the Grantor or Person making such Transfer, shall extend, or be construed to extend, to any Purchase of any Estate or Interest in Lands, Tenements, or Hereditaments, or any Transfer of any Stock, to be made really and bona Fide, for a full and valuable Consideration actually paid at or before the making such Conveyance or Transfer, without Fraud or Collusion."
Then it was proposed, at the latter End of the First Enacting Clause, "To leave out these Words, videlicet, ["and unless the same be made to take Esfect, in Possession, for the Charitable Use intended, immediately from the making thereof; and be, without any Power of Revocation, Reservation, Trust, Condition, Limitation, Clause, or Agreement whatsoever, for the Benefit of the Donor or Grantor, or of any Person or Persons claiming under him."]
Which being objected to;
The Question being put, "Whether these Words shall stand Part of the Bill?"
It was Resolved in the Affirmative.
Ordered, That the said Bill be read the Third Time on Thursday next; and the Lords to be summoned.
Then it being moved, "That the Act made in the 12th Year of the late Queen Anne, for the better Maintenance of Curates within the Church of England, and for preventing any Ecclesiastical Persons from buying the next Avoidance of any Church Preferment, may be now read:"
The same was read accordingly.
Bill to be prepared, for the better Maintenance of Curates.
Ordered, That the Judges do prepare a Bill, to be laid before the House, for making more effectual the Laws in being, for the better Maintenance of the Curates within the Church of England.
Quakers Tithes, &c. Bill.
The Order being read, for the Second Reading of the Bill, intituled, "An Act for the more easy Recovery of Tithes, Church Rates, and other Ecclesiatical Dues, from the People called Quakers;" and for hearing Counsel against and for the same:
The Counsel were accordingly called in.
And Doctor Andrews and Mr. Murray were heard, upon the Petition of several of the Clergy of the County of Middlesex, against the said Bill.
And Mr. Strange being heard for the Bill:
The Counsel were directed to withdraw.
Then Notice was taken to the House, "That the Counsel for the Bill, in the Course of his Pleading, mentioned, That he was instructed, Instances could be given, where some of the Clergy had proceeded in a vexatious Manner against Quakers, when they might have found a Remedy in a summary Way."
Whereupon it was agreed, that the Counsel on both Sides should be again called in; and those for the Petitioners against the Bill acquainted with it, to know if they had any Objection to the laying Instances of that Kind before the House.
And accordingly the Counsel were called in.
And the Petitioners Counsel not objecting to the producing proper and legal Evidence of any such Instances, by the Counsel for the Bill, for Twenty Years past:
The Lord Chancellor acquainted them, "That they were at Liberty to produce proper and legal Evidence of any such Proceedings against Quakers, and even parole Evidence, to prove any Persons sued for Tithes to be of that Persuasion."
Then the Counsel were a Second Time directed to withdraw.
Ordered, That the further Hearing of Counsel for and against the said Bill be adjourned till Tomorrow.
Causes put off.
Ordered, That the Cause between Baldwin and Van Charrante, appointed for To-morrow, be put off to Monday next; and the Causes on Cause-days removed in Course.
Sail Cloth, Bill.
Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth, and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom," on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, duodecimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 12o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Edgworth against Damers.
The Answer of John Damer and Joseph Damer Esquires, to the Appeal of Edward Edgworth Esquire, was brought in.
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 enabling His Majesty to borrow any Sum of Sums of Money, not exceeding Six Hundred Thousand Pounds, to be charged upon the Surpluses, Excesses, or Overplus Monies, commonly called the Sinking Fund, redeemable by Parliament; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for appropriating the Supplies granted in this Session of Parliament;" to which they desire the Concurrence of this House.
Additional Stamp Duties, Bill.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for continuing, for the Purposes therein mentioned, the additional Duties upon Stamped Vellum, Parchment, and Paper, laid by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First;" to which they desire the Concurrence of this House.
Edgworth against Edgworth:
The House being informed, "That a Person attended, in order to deliver in Papers, Pleadings, and Proceedings, in the Cause wherein Edward Edgworth Esquire is Appellant, and Packington Edgworth and others are Respondents:"
Pleadings proved.
He was thereupon called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Messages from H. C. to return Vise. Middleton's Bill;
A Message was brought from the House of Commons, by Mr. Doddington and others:
To return the Bill, intituled, "An Act for making effectual what has been agreed between Allan Lord Viscount Middleton in the Kingdom of Ireland and his Four Nieces; and for the securing the Payment of Ten Thousand Pounds agreed to be paid them; and to enable him to make good the Agreements in his Marriage Articles;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Freeman's Bill;
A Message was brought from the House of Commons, by Mr. Thomas More and others:
To return the Bill, intituled, "An Act to enable John Freeman Esquire, heretofore called John Cooke, and his Heirs, to take and use the Surname of Freeman, pursuant to the Will of William Freeman Esquire, deceased; and also to empower the said John Freeman and others to make Leases of the Estates devised by the said Will;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
and West Stafford Common Enclosure, Bill.
A Message was brought from the House of Commons, by Mr. Laroche and others:
To return the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of West Stafford cum Froom Bellett, in the County of Dorset;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Quakers Tithes, &c. all rejected.
The Order of the Day being read, for the further hearing Counsel, for and against the Bill, intituled, An Act for the more easy Recovery of Tithes, Church Rates, and other Ecclesiastical Dues, from the People called Quakers:"
The Counsel accordingly were called in.
And those for the Bill, in Pursuance of the Allowance given by the House Yesterday, "To produce Instances where any of the Clergy had proceeded in a vexatious Manner against Quakers, when they might have found a Remedy in a summary Way," offered authentic Proceedings of Two Suits, for Easter Offerings, in the Court of the Archdeacon of Bedford; and several other Suits in the Court of Exchequer, for Vicarial Tithes.
And the same being read:
The Second Counsel for the Bill was heard.
And the Counsel against the Bill having replied;
They were directed to withdraw.
Proposed, "To commit the Bill."
Which being objected to, and long Debate thereupon:
The Question was put, "Whether this Bill shall be committed?"
It was Resolved in the Negative.
Then the Question was put, "Whether the said Bill shall be rejected?"
It was Resolved in the Affirmative.
After which, it was moved, "To adjourn."
Which being objected to;
The Question was put, upon the said Motion.
It was Resolved in the Affirmative.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 13o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Smith, to bring Water to Portsmouth, Bill.
A Message was brought from the House of Commons, by Mr. Brereton and others:
With a Bill, intituled, "An Act to enable Thomas Smith Esquire, Lord of the Manor of Farlington, in the County of Southampton, to supply the Town of Portsmouth, and Parts adjacent, with good and wholesome Water, at his own proper Cost and Charges;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Sinking Fund, &c. Bill.
(fn. 3) Hodie 2a vice lecta est Billa, intituled, "An Act for enabling His Majesty to borrow any Sum or Sums of Money, not exceeding Six Hundred Thousand Pounds, to be charged upon the Surpluses, Excesses, or Overplus Monies, commonly called the Sinking Fund, redeemable by Parliament; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for appropriating the Supplies granted in this Session of Parliament."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Additional Stamp Duty, Bill.
(fn. 3) Hodie 2a vice lecta est Billa, intituled, "An Act for continuing, for the Purposes therein mentioned, the additional Duties upon stamped Vellum, Parchment, and Paper, laid by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Dispositions of Lands, to restrain, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to restrain the Dispositions of Lands whereby the same become unalienable."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Protest against it:
"Dissentient.
Abingdon.
Montjoy.
Litchfield.
Northampton.
Oxford & Mortimer.
Strafford.
Beaufort."
Message to H. C. with an Amendment to the Bill.
A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Allen:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.
Sir J. Ackworth to attend, about Sail Cloth Bill.
Ordered, That Sir Jacob Ackworth do attend this House To-morrow, when their Lordships are to be in a Committee upon the Bill for giving further Encouragement to the Manufacturers of British Sail Cloth; and to hear Counsel, as well for as against the same.
Nairn against Nairn, &c.
Counsel were called in, to be heard, in the Cause wherein John Nairn of Greenyards Esquire is Appellant, and Margaret Lady Nairn and others are Respondents.
And the Appellant's Counsel being fully heard; and divers Proceedings and Proofs on his Part read:
They were directed to withdraw.
Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that no other than the next Cause be heard this Session.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 14o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Campbell & al. against Campbell & al.
Upon reading the Petition and Appeal of Charles Campbell Merchant, Hugh Campbell Gentleman, Charles Campbell, Ann Campbell, Minors, by their next Friend Bridget Campbell, Charles Bristow Esquire, Peter Bristow Clerk, Samuel Bristow Gentleman, Joseph Finiston Clerk and Dorothy Finiston alias Bristow his Wife, John Shaw Gentleman and Jane Shaw alias Bristow his Wife, John Moore Esquire and Mable Moore alias Bristow his Wife Charles Moore Esquire, John Moore Gentleman, Sir John Whitefoord Baronet and Dame Alice Whitefoord alias Moore his Wife, the Reverend William Cupples and Jane Cupples alias Kennedy his Wife, Charles Craig and Hugh Craig Gentlemen, James Dalzielle Merchant and Jane his Wife, James Moore Gentleman and Mable Moore alias Craig his Wife, Francis Montgomery Gentleman and Elizabeth his Wife, Catherine and Elinor Craig Spinsters, Ann Caldwell Spinster, Catherine Caldwell and Alice Caldwell Minors, by their next Friend Catherine Caldwell, Charles Boyd, Hugh Boyd, and Henry Boyd, Gentlemen, Robert Mc Bride Gentleman and Jane Mc Bride his Wife; complaining of a Decree of the Court of Chancery in Ireland, made the 16th Day of February last, in certain Causes, wherein the Appellants were Plaintiffs, and William Colvill, Bruen Worthington, John Moore, Henry Singleton, Marmaduke Coghill, Samuel Burton, Nicholas Lord Viscount Nettirville and Catherine Burton now Lady Viscountess Nettirville his Wife, Benjamin Burton, Charles Caldwell, and the Reverend Skiffington Bristow Clerk, Defendants; and the said Lord Nettirville and the said Lady Catherine Nettirville his Wife were Plaintiffs, and the said Marmaduke Coghill, Henry Singleton, Bruen Worthington, John Moore, William Colvill, Benjamin Burton, and also Samuel Burton since deceased, were Defendants; and praying, "That the same may be reversed, and such other Relief given them as their Lordships shall think fit:"
It is Ordered, That the said William Colvill and the other Respondents 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 Friday the 18th Day of June next; and that Service of this Order on the Respondents Six Clerk in the said Court of Chancery be deemed good Service.
Nairn against Narin & al.:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of John Nairn of Grecenyards Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, bearing Date the Second of January 1735/6; and also of another Interlocutor of the said Lords of Session, of the 31st of the same January, whereby they adhered to their former Interlocutor, made on the Behalf of Margaret Lady Nairn, her Creditors, and others; and praying, "That the same may be reversed, and such Relief given to the Appellant as to the great Wisdom of this House shall seem meet:" As also upon the Answers of the said Lady Nairn and William Lord Viscount Strathallan, and others, Creditors of the said Lady Nairn, John Nairn, James Nairn, Alexander Nairn, David Ogilvie, and Falconer, and Duncan Forbes Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutors complained of in the said Appeal be, and are hereby, reversed: And it is hereby Declared, That, by the Contract of Marriage of Margaret Lady Nairn, and by the Procuratory of Resignation contained in the Contract, and the Enfeoffment following on the said Procuratory, the said Lady Nairn is subject to the Prohibitory Clauses De non alienando & non contrahendo.
Sail Cloth, Bill.
The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom:"
Several Witnesses as well for as against the Bill were called in, and sworn.
And the House was adjourned during Pleasure, and put into a Committee upon the said Bill.
After some Time, the House was resumed.
And the Earl of Harborough reported from the said Committee, "That they had made some Progress in the Matter to them referred."
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Indemnifying Offenders against the Laws of Excise, &c. Bill.
A Message was brought from the House of Commons, by Mr. Attorney General and others:
With a Bill, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise, and for enforcing those Laws for the future;" to which they desire the Concurrence of this House.
Bribery Act, to amend, Bill.
A Message was brought from the House of Commons, by Mr. Herbert and others:
With a Bill, intituled, "An Act to explain and amend so much of an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," as relates to the commencing and carrying on of Prosecutions grounded upon the said Act," to which they desire the Concurrence of this House.
The said Bills were read the First Time.
Ordered, That the Bill of Indemnification be read a Second Time To-morrow; and the Lords to be summoned.
Sinking Fund, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling His Majesty to borrow any Sum or Sums of Money, not exceeding Six Hundred Thousand Pounds, to be charged upon the Surplusses, Excesses, or Overplus Monies, commonly called the Sinking Fund, redeemable by Parliament; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for appropriating the Supplies granted in this Session of Parliament."
After some Time, the House was resumed.
And the Earl of Cholmondeley 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."
Additional Stamp Duty Bill.
The like Proceeding was had on the Bill, intituled, An Act for continuing (for the Purposes therein mentioned) the additional Duties upon stamped Vellum, Parchment, and Paper, laid by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First;" and the like Report made.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, decimum quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 15o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sinking Fund, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to borrow any Sum or Sums of Money, not exceeding Six Hundred Thousand Pounds, to be charged upon the Surplusses, Excesses, or Overplus Monies, commonly called the Sinking Fund, redeemable by Parliament; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for appropriating the Supplies granted in this Session of Parliament."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Additional Stamp Duty, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing (for the Purposes therein mentioned) the additional Duties upon stamped Vellum, Parchment, and Paper, laid by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to these Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Thomas Bennet and Mr. Allen:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Indemnifying Offenders against the Laws of Excise, &c. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise; and for enforcing those Laws for the future."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next; and the Lords to be summoned.
Bribery Act, to amend, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," as relates to the commencing and carrying on of Prosecutions grounded upon the said Act."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next; and the Cause between Baldwin and Van Charrante, which stands appointed for that Day, be put off to Tuesday.
Sail Cloth, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereto; which he would be ready to report, when the House will please to receive the same."
Ordered, That the said Report be received on Monday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 17o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. to return the Bill to restrain Dispositions of Lands.
A Message was brought from the House of Commons, by Mr. Gibbon and others:
To return the Bill, intituled, "An Act to restrain the Dispositions of Lands, whereby the same become unalienable;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
Sail Cloth, Bill.
The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth, and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom," was committed, the Amendment made by the Committee to the said Bill.
And the same, being read Twice by the Clerk, was agreed to by the House.
Dutch. Bucks against L. Bathurst & al.
Upon reading the Petition and Appeal of the most Noble Katherine Dutches of Buckinghamshire and Normanby; complaining of a Decree of the Court of Chancery, pronounced the 22d Day of December in the 8th Year of the Reign of His late Majesty King George the First, in certain Causes, wherein Edmund late Duke of Buckinghamshire, by his next Friend, was Plaintiff, and the then Earl of Orrery, the then Lord Willoughby de Broke, the then Lord Trevor, the now Lord Bathurst, and Patrick Garden, Executors and Trustees of the last Will of the said late Duke of Buckinghamshire, and Charles Herbert, and Sophia and Charlotte Sheffield, were Defendants; and in a Cross Cause, wherein the said Charles Herbert, Sophia and Charlotte Sheffield, then Infants, by their next Friends, were Plaintiffs, and the said late Duke of Buckinghamshire the Appellant and the said Executors and Trustees were Defendants; which Causes, being become abated, have, by Bill of Revivor, been revived; and the Decree was, on the 8th Day of this Instant May, signed and enroled in the said Court: And also complaining of an Order of the same Court, made the 30th Day of March last, upon the Petition of the said Charles Herbert to the present Lord Chancellor, which Order was entered the 10th Instant; and praying, That the said Decree, so far as relates to the Personal Estate of the late John Duke of Buckinghamshire, and the said Order, may be reversed; or that the Appellant may have such other Relief as to the great Wisdom of this House shall seem meet:"
It is Ordered, That the said Allen Lord Bathurst, Patrick Garden, Charles Herbert now Sheffield, Joseph Cox Esquire and Sophia his Wife, John Walker Doctor in Divinity and Charlotte his Wife, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 31st Day of this Instant May.
Indemnifying Offenders against the Laws of Excise, &c. Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise; and for enforcing those Laws for the future."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto; which he would be ready to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Then a Clause was offered, to enact, "That so much of the aforementioned Bill as relates to the inflicting further Penalties on Persons concerned, or suspected to be concerned, in defrauding, or in attempting or assisting to defraud, His Majesty of the Duties of Customs and Excise, shall be in Force for the Term of, and from thence to the End of the next Session of Parliament, and no longer."
And the same was read.
Proposed, "To read the said Clause a Second Time."
Which being objected to:
After Debate;
The Question was put, "Whether the said Clause shall be read a Second Time?"
It was Resolved in the Negative.
Bribery Act, to explain, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend so much of an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," as relates to the commencing and carrying on of Prosecutions grounded upon the said Act."
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 18o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. to return Vaux's Bill.
A Message was brought from the House of Commons, by Mr. Hucks and others:
To return the Bill, intituled, "An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Bribery Act to amend, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend so much of an Act made in the Second Year of His present Majesty's Reign, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," as relates to the commencing and carrying on of Prosecutions grounded upon the said Act."
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. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Sail Cloth Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom."
The Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.
Fotheringham's Appeal dismissed.
A Petition of Thomas Fotheringham Esquire, was presented, and read; setting forth, "That, on the Fourth of February last, he preferred his Appeal to this House, complaining of several Interlocutory Sentences of the Lords of Session in Scotland, pronounced in Favour of Agnes Turnbull and others; but, since lodging the said Appeal, the Petitioner has been advised to submit to the said Interlocutory Sentences, and to give the Respondents no further Trouble therein;" and praying, "That he may have Leave to withdraw his said Appeal; and that the same may stand for ever dismissed."
And thereupon the Agents on both Sides were called in, and heard.
And being withdrawn:
Ordered, That the said Appeal be dismissed; and the Interlocutory Sentences, or so much thereof as is therein complained of, affirmed.
Bennet against Bailey.
Upon reading the Petition and Appeal of Hugh Bennet, an Infant, by Susanna Bennet his Mother and next Friend, and of the said Susanna Bennet; complaining of an Order of the Court of Chancery, made the 13th Day of December last, refusing to grant a new Trial at Law, touching the Validity of the Will of Mary Bowdage, in the County of Devon, Spinster; and also complaining of a Decree of the same Court, of the 31st of January last, but not passed till Yesterday, made in a Cause wherein the said Hugh Bennet, by his said Mother and next Friend, was Plaintiff, and Sarah Bailey Widow, and Heir at Law to the said Mary Bowdage, Defendant; and in a Cross Cause wherein the said Sarah Bailey was Plaintiff, and the said Hugh Bennet, by his said next Friend, Defendant; and praying, "That the said Order and Decree may be reversed or varied; and that this House will direct a new Trial at Law, or to make such Order, or give such Directions, as to their Lordships great Wisdom and Justice shall seem meet:"
It is Ordered, That the said Sarah Bailey may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 1st Day of June next.
Lee against Southwell:
The House was informed, "That Robert Parry attended, in order to deliver in Copies of several Pleadings and Proceedings, in the Cause wherein Thomas Lee Gentleman is Appellant, and Richard Southwell 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."
Baldwin against Van Charrante.
Ordered, That the hearing the Cause wherein Catherine Baldwin Executrix, and George Horne executor, of Thomas Baldwin Gentleman, deceased, and Andrew Chalmer Writer in Edinburgh, Trustee of the said Thomas Baldwin, are Appellants, and Gabriel Van Charrante and others Respondents, which stands appointed for this Day, be adjourned to this Day Sevennight.
Mason against Sir Biby Lake.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Charles Mason Esquire is Appellant, and Joseph Nowell His Majesty's Attorney General, and Sir Biby Lake, are Respondents, et è contra:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Indemnifying Offenders against Laws of Excise, &c. Bill.
The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenue of Customs and Excise, and for enforcing the Laws for the future," was committed, the Amendments made by the Committee to the said Bill.
And the same were read, by the Clerk, as follow:
"Press 9. Line 2. Leave out from the Word ["frequently"] to the First ["in"] in the 13th Line; and insert ["lurk, wait, or loiter, in divers Parts of the Kingdom."].
"L. 33. Before ["Persons"], insert ["Person or"]; and after ["Persons"], leave out to ["and"] in the 4th Line of the 11th Press; and instead thereof insert ["is, are, or shall be, lurking, waiting, or loitering, with Intent to be aiding and assisting in the running, landing, or carrying away, any prohibited or uncustomed Goods; it shall and may be lawful to and for every such Justice or Justices to cause all such Persons to come and be brought before him or them, and to grant his or their Warrant or Warrants for the apprehending such Offenders, and bringing him or them before any of His Majesty's said Justices of the Peace; and if such Persons shall not give a satisfactory Account of themselves and their Callings and Employments, and thereby, or otherwise, make it appear, to the Satisfaction of such Justice or Justices, that they were not so lurking, waiting, or loitering, with Intent to be aiding or assisting in the carrying on any such fraudulent or unlawful Practices as afore said; then every Person who shall not give such Account and Satisfaction to such Justice or Justices shall be committed to the House of Correction, there to be whipped and kept to hard Labour, for any Time which such Justice or Justices shall, in his or their Discretion, think meet, not exceeding One Month; and that the Commissioners of the Customs' or Excise respectively shall cause to be paid, to the Person or Persons informing of such Offender or Offenders, a Reward of Twenty Shillings for every such Offender so taken as aforesaid. Provided always, and be it further Enacted by the Authority aforesaid, That if any such Person, so brought before such Justice or Justices, shall desire Time for the making it appear that he or they were not lurking, waiting, or loitering, with Intent to be aiding or assisting in the carrying on such fraudulent or unlawful Practices, such Person or Persons shall not be punished by Whipping or other Correction; but then, and in every such Case, it shall and may be lawful to and for every such Justice or Justices to commit such Person or Persons to the Common Gaol, there to remain and continue until he or they shall give such Account of themselves, or make Proof of the Matters aforesaid, to the Satisfaction of such Justice or Justices; or until such Person or Persons shall give and find good and sufficient Security, to the Approbation and Satisfaction of the said Justice or Justices, not to be guilty of any of the said Offences, or fraudulent or unlawful Practices"].
"Pr. 11. L. 5. Leave out ["Discovery and"].
"L. 10. Leave out from ["Thirty-six"] to ["if"] in the 24th Line.
"L. 31 and 32. Leave out ["upon such Conviction as aforesaid"].
"Pr. 12. L. 2, 3 and 4. Leave out ["Justice or Justices of Assize for the County where the Fact was done, or the"].
"L. 13. Leave out from ["Act"] to ["all"] in the 28th Line.
"Pr. 14. L. 5. Leave out from ["by"] to ["and"] in the 9th Line; and insert ["an Act made in the 4th Year of the Reign of His late Majesty King George the First, of Glorious Memory, intituled, "An Act for the further preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons and unlawful Exporters of Wool; and for declaring the Law upon some Points relating to Pirates;" and by another Act made in the 6th Year of the Reign of His said late Majesty, intituled, "An Act for the better preventing Robbery, Burglary, and other Felonies; and for the more effectual Transportation of Felons"].
"Pr. 16. L. 26. Leave out from ["notwithstanding"] to ["and"] in the last Line of the 17th Press.
"Pr. 24. L. 5. After ["Kingdom"], insert ["in the Execution of his Office"].
"Pr. 26. L. 24. Leave out from ["Process"] to the Second ["or"] in the 27th Line.
"Pr. 31. L. 4 and 5. Leave out from ["notwithstanding"] to ["and"] in the 20th Line."
And the First Amendment being read a Second Time:
It was proposed, "To agree thereunto."
Which being objected to;
And Debate thereupon:
It was moved, "To adjourn the further Consideration of the said Report till To-morrow, that the House might be summoned."
Then, after further Debate;
The Question was put, "Whether to agree with the Committee in the said Amendment?"
It was Resolved in the Negative.
Then the rest of the said Amendments were severally read a Second Time, and disagreed to.
Ordered, That the said Bill be read the Third Time To-morrow; and the Lords to be summoned.
Sheffield to take Possession of late Duke of Bucks' Estates.
A Petition of Charles Sheffield Esquire, was presented, and read; praying, "That he may have Leave, notwithstanding the Appeal of the Dutchess of Buckinghamshire and Normanby, presented to this House Yesterday, to proceed upon the Order of the Court of Chancery therein complained of, so far as to take Possession of the Manors of Normanby, Burton, Butterwick, Crosby, Conisby, and Flixborough, in the County of Lincoln, and of the Manor of Dunsly, in the County of York, being the Lands expressly devised by the Will of John Duke of Buckinghamshire and Normanby, deceased; and to receive the Rents in Arrear of those Estates accrued due since the Death of Edmund late Duke of Buckinghamshire and Normanby, and the growing Rents and Profits thereof; or that such other Directions may be given, as to the House shall seem meet."
And thereupon Mr. Garden, the said Dutchess's Agent, was called in.
And consenting, at the Bar, to what is desired by the said Petition
He was directed to withdraw.
Ordered, That the Petitioner may, notwithstanding the said Appeal, proceed upon the said Order, so far as to take Possession of the Manors aforesaid, and to receive the Rents in Arrear of those Estates, and the growing Rents and Profits thereof, according to the Prayer of the said Petition.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 19o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Dutchess of Bucks against Sheffield & al.
The Answer of Charles Sheffield Esquire, One of the Respondents to the Appeal of the Dutchess of Buckinghamshire and Normanby, was brought in.
Message from thence, to return the Sail Cloth Bill.
A Message was brought from the House of Commons, by Mr. Alderman Willimot and others:
To return the Bill, intituled, "An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
Randolph's Composition, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown, for Customs for Tobacco."
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. John Bennet and Mr. Lightboun:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Indemnifying Offenders against Laws of Excise, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise; and for enforcing those Laws for the future."
Proposed, "To leave out, in the 2d Line of the 9th Press, from the Word ["frequently"] to the First ["in"] in the 13th Line of the same Press; and to insert ["lurk, wait, or loiter, in divers Parts of the Kingdom"]."
The same was objected to.
And the Entry in the Journal, of the 15th of August 1715, of the Amendments then made by the House to the Bill for the further Security of His Majesty's Person and Government, at the Third Reading thereof, being read:
And after a long Debate upon the Merits of the Bill:
It was proposed, "To add a Clause, by Way of Rider, in the Words following; (videlicet,)
"Provided always, That nothing in this Act contained shall extend, or be construed to extend, to restrain His Majesty's Court of King's Bench, or any of the Judges thereof, or the Court of Justiciary in Scotland, respectively, from bailing any Person committed for Felony by virtue of this Act, in such Manner as they may by Law do in other Cases of Felony."
Which Proviso was read Thrice by the Clerk, and agreed by the House to be made Part of the Bill.
Then the Question was put, "Whether this Bill, with the Amendment, shall pass?"
It was Resolved in the Affirmative.
Protest against it.
"Dissentient.
"Because some Parts of this Bill are so repugnant to the Laws and Constitution of this Kingdom (as we apprehend), that we could not, consistently with the Rules of Reason and Justice, concur in the passing of it; the Substance of One Clause in this Bill being to this Effect; (videlicet), ["That, upon Information before a Justice of Peace, that any Persons to the Number of Three or more, who are, or have been after the 24th Day of June 1736, armed with Fire Arms or other offensive Weapons, with Intent to run Goods, such Justice shall and may grant a Warrant to a Constable to apprehend such Persons; and, if such Justice finds Cause, upon Examination, he shall and may commit them to the next County Gaol, there to remain without Bail or Mainprize, until discharged by due Course of Law; or, upon Conviction, they are to be adjudged guilty of Felony"]. Now as this Bill is to create a new Kind of Felony, without Limitation of Time or Place, upon Principles unknown to our Law, we cannot but think, it should be made so plain and clear, that the Judges in Westminster Hall might determine upon it without Doubts or Difficulties; but we conceive, as this Bill stands, many Doubts may arise as to the Construction of it.
"2dly, Because we do not know of any One Act in the Statute Book, whereby it is put in the Power of a single Justice of the Peace to commit Persons, without Bail or Mainprize, upon a bare Information of an Intention, without any Proof: And although the House found it necessary to repeal so much of the Clause aforesaid as (fn. 4) allows the Justices to commit without Bail or Mainprize, by adding a Rider to empower the Court of King's Bench to grant Bail to Persons so committed; we cannot be of Opinion that the Objections to the Bill were removed; since the Power of Imprisonment still remains in the Hands of a single Justice of the Peace, upon a bare Information of an Intention to run Goods, without any other Overt-act to prove that Intention than what may be a common and innocent Circumstance, (videlicet), "the riding Three or more in Company, with usual Arms;" and no Limitation fixed either for Time or Place.
"Because this Bill was altered in the Committee, by the unanimous Consent of all the Lords present; and those Alterations were disagreed to upon the Report, without sufficient Grounds, as we conceive: And as Two Noble and Learned Lords, who preside in the Two greatest Courts of the Kingdom, shewed, by the strongest Arguments, that the Bill, as it now stands, may be dangerous to the Liberties of our Fellow Subjects; we could not agree to the passing of it, however expedient or necessary it may be supposed in other respects; being fully persuaded, it would have been better to have left this Matter to the Laws now in being (already very severe), and to the Consideration of a future Session of Parliament, than to constitute a Precedent of such dangerous Consequence, and to enact a Law which, as we fear, may be attended with perpetual Grievances, Injustice, and Oppression.
"Foley.
Shaftesbury.
Thanet.
Warrington.
Oxford & Mortimer.
Weymouth.
Strafford.
Montjoy.
Beaufort.
Litchfield.
Bathurst.
Bolton.
Coventry.
Cobham.
Winchilsea & Nottingham.
Northampton."
Message to H. C. with an Amendment to the Bill.
A Message was sent to the House of Commons, by the former Messengers:
To return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.
Edgworth against Edgworth & al.:
The House was informed, "That a Person attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Edward Edgworth Esquire is Appellant, and Packington Edgworth 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 was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 20o Maii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Message from H. C. to return the Bill for indemnifying Offenders against Laws of Excise, &c.
A Message was brought from the House of Commons, by mr. Attorney General and others:
To return the Bill, intituled, "An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise; and for enforcing those Laws for the future;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present.
His Majesty, being seated on the 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, that they attend Him immediately, in this House."
Who being come, with their Speaker; he, after a Speech 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 Bills, and the other Bills ready for the Royal Assent, as follow:
Bills passed.
"1. An Act for enabling His Majesty to borrow any Sum or Sums of Money, not exceeding Six Hundred Thousand Pounds, to be charged upon the Surplusses, Excesses, or Overplus-monies, commonly called the Sinking Fund, redeemable by Parliament; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for appropriating the Supplies granted in this Session of Parliament."
"2. An Act for continuing (for the Purposes therein mentioned) the additional Duties upon stamped Vellum, Parchment, and Paper, laid by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First."
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 for naturalizing her Hoyal Highness the Princess of Wales."
"4. An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Customs and Excise; and for enforcing those Laws for the future."
"5. An Act to prevent the listing His Majesty's Subjects to serve as Soldiers, without His Majesty's License."
"6. An Act to restrain the Dispositions of Lands, whereby the same become unalienable."
"7. An Act to explain and amend so much of an Act, made in the Second Year of His present Majesty's Reign, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament," as relates to the commencing and carrying on of Prosecutions grounded upon the said Act."
"8. An Act for further encouraging and regulating the Manufacture of British Sail Cloth; and for the more effectual securing the Duties now payable on Foreign Sail Cloth imported into this Kingdom."
"9. An Act to render the Law more effectual for preventing the Importation of Fresh Fish taken by Foreigners; and to explain so much of an Act, made in the Thirteenth and Fourteenth Year of the Reign of King Charles the Second, as relates to Ships exporting Fish to the Ports of The Mediterranean Sea; and for the better Preservation of the Fry of Lobsters on the Coasts of Scotland."
"10. An Act for building a Bridge cross the River Thames, from The New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey."
"11. An Act for continuing the Duty of Two Pennies Scots, or One Sixth of a Penny Sterling, on every Pint of Ale and Beer that shall be vended or sold within the City of Glasgow; and for extending the same over the Villages of Gorbells and Port Glasgow, and Privileges thereof, for the Benefit of the said City and Villages."
To these Bills the Royal Assent was severally pronounced, in these Words;
"Le Roy le veult."
"12. An Act for making effectual what has been agreed between Alan Lord Viscount Middleton in the Kingdom of Ireland, and his Four Nieces; and for the securing the Payment of Ten Thousand Pounds agreed to be paid them; and to enable him to make good the Agreements in his Marriage Articles."
"13. An Act to enable John Freeman Esquire, heretofore called John Cooke, and his Heirs, to take and use the Surname of Freeman, pursuant to the Will of William Freeman Esquire, deceased; and also to empower the said John Freeman and others to make Leases of the Estates devised by the said Will."
"14. An Act to enable the Guardians and Trustees of Samuel Pitt, an Infant, to compound with Samuel Pitt Merchant, for a Sum of Money decreed to the said Infant by the Court of Chancery."
"15. An Act for Sale of Part of the Estate late of Thomas Vaux Esquire, deceased, for discharging his Debts and Encumbrances."
"16. An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of West Stafford eum Froom Bellett, in the County of Dorset."
"17. An Act for vesting in John Sallom Gentleman and his Heirs a Reversion in Fee of Lands and Hereditaments, therein mentioned, in the County of Lancaster, forfeited by Gabriel Hesketh, attainted of High Treason."
"18. An Act to enable the Commissioners of the Treasury, or the Lord High Treasurer, for the Time being, to compound with Edward Randolph, late of London, Merchant, and his Sureties, a Debt due to the Crown, for Customs for Tobacco."
"19. An Act for naturalizing David Purry and John Anthony Merle."
"20. An Act for naturalizing John Reessen."
To these Bills the Royal Assent was severally pronounced, in these Words:
"Soit fait comme il est desiré."
Then His Majesty spake as follows:
King's Speech.
"My Lords, and Gentlemen,
"The Dispatch you have given to the Public Business, and the advanced Season of the Year, make it proper to put an End to this Session of Parliament.
"I acquainted you, at your First Meeting, that Preliminary Articles had been concluded between the Emperor and the most Christian King; since which Time, a further Convention concerning the Execution of them, hath been made, and communicated to Me by both those Courts; and Negotiations are carrying on, by the several Powers engaged in the late War, in order to settle the general Pacification.
"Gentlemen of the House of Commons,
"I return you My Thanks, for the Provisions you have made for the Service of the current Year. You can never better recommend yourselves to My Esteem, and to the good Opinion of those you represent, than by raising the Supplies necessary for the Support of My Government, and for the Service of the Public, in a Manner the most effectual, and the least burdensome to My People.
"My Lords, and Gentlemen,
"It is a great Concern to Me, to see such Seeds of Dissention sown among My good People, as, if not timely prevented, may prove very prejudicial to the Peace and Quiet of My Kingdoms. It is My Desire, and shall be My Care, to preserve the present Constitution in Church and State, as by Law established, perfect and entire; and not to countenance any Attempts to the Prejudice of either. Good Harmony and mutual Affection among all the Protestants of this Nation have been the great Security of the present happy Establishment, from the Revolution, to this Time. By this united Strength, they will be able to resist the secret and open Attempts of our Common Enemies; but, divided, they may become a Prey to them. My Protection shall be impartially dispensed to all My Subjects, in the full Enjoyment of their Religious and Civil Rights. Let it be your Care, by your Conduct in your several Stations, to make My Endeavours for your common Happiness effectual.
"My Lords, and Gentlemen,
"It being necessary for Me to visit My Dominions in Germany again this Year, I have resolved to appoint the Queen Regent here during My Absence. The Experience you have already had of Her just and prudent Administration will, I doubt not, engage you all to make the Weight of the Public Affairs as easy to Her, as Her wife Conduct will render the Government agreeable to you; and this I recommend to you in a particular Manner."
The Speech 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 Thursday the Twentyninth Day of July next, to be then here held: And this Parliament is accordingly prorogued to Thursday the Twenty-ninth Day of July next."
Hitherto examined by us,
Portland.
Bridgewater.
Abingdon.
Oxford & Mortimer.