House of Lords Journal Volume 26: May 1746, 1-10

Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 26: May 1746, 1-10', in Journal of the House of Lords Volume 26, 1741-1746, (London, 1767-1830) pp. 573-580. British History Online https://www.british-history.ac.uk/lords-jrnl/vol26/pp573-580 [accessed 9 May 2024]

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In this section

May 1746, 1-10

DIE Jovis, 1o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Richmond.
Dux Beaufort.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
March. Rockingham.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Coventry.
Comes Ferrers.
Comes Halifax.
Comes Macclesfield.
Comes Fitzwalter.
Comes Harrington.
Comes Bath.
Viscount Lonsdale.
Viscount St. John.
Viscount Torrington.
Ds. Berkeley.
Ds. Foley.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

His Majesty's Answer to the Address.

The Lord Chancellor reported, "That the House did, on Tuesday last, present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords,

"The Success of My Arms against the Rebels is the more agreeable to Me, as it gives such universal Satisfaction to all My loving Subjects: Your Joy on this Occasion is a fresh Mark of Your Zeal and Affection for Me and My Family; and the Approbation you express of the Services of My Son the Duke gives Me great Pleasure. You may depend on My utmost Care to improve this Success, to re-establish the Tranquillity and Security of My Kingdoms."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Messages from H. C. to return Lechmere's Bill;

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

To return the Bill, intituled, "An Act for Sale of the Estate late of Richard Lechmere Junior and Anne his Wife, in the County of Essex, pursuant to Articles entered into for the Purchase thereof; and for applying the Money arising by such Sale for discharging Encumbrances affecting the said Estate; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and E. Cholmondeley and Mr. Pitt's Bill.

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

To return the Bill, intituled, "An Act to enable George Earl Cholmondeley and William Pitt Esquire to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read Thrice, were agreed to.

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

Persons who have acted in Defence of the Government, &c. to indemnify, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have acted in Defence of His Majesty's Person and Government, and for the Preservation of the public Peace of the Kingdom, during the Time of the present unnatural Rebellion; and Sheriffs and others, who have suffered Escapes occasioned thereby, from vexatious Suits and Prosecutions."

Havens, &c. preserving, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better Preservation of Havens, Roads, Channels, and Navigable Rivers, within that Part of Great Britain called England."

Liverpool Road, Bill:

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing and enlarging the Road from Liverpool to Prescot, and other Roads therein mentioned, in the County Palatine of Lancaster; and for amending the Road leading from Prescot to the Chapel of St. Helen, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Duckinfield to take the Name of Daniel, Bill.

The same Earl made the like Report from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir William Duckinfield Daniel Baronet, and the Heirs Male of his Body, to take and use the Surname, and bear the Arms, of Daniel, pursuant to the Will of Sir Samuel Daniel Knight, deceased.

Ordered, That the said Bill be engrossed.

Labelye, Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Charles Labelye."

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 former Messengers:

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

Poor Laws, Difficulties to obviate, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to obviate certain Difficulties in the Laws now in being, relating to the Poor; and for allowing some Warrants of Justices of the Peace, granted in One County or Place, to be executed in other Counties or Places."

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

Adjourn.

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

DIE Veneris, 2o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Glocestr.
Epus. Oxon.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Leeds.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
March. Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Dunmore.
Comes Stair.
Comes Portmore.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Macclesfield.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Orford.
Comes Harrington.
Comes Bath.
Comes Leicester.
Viscount Hereford.
Viscount Fauconberg.
Viscount Townshend.
Viscount Hatton.
Viscount Lonsdale.
Viscount St. John.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawar.
Ds. Dudley.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. St. John de Blet.
Ds. Clifton.
Ds. Maynard.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Craven.
Ds. Hervey.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Messages from H. C. to return Nugent & al. Bill, for Sale of the E. of Fingall's Estates;

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

To return the Bill, intituled, "An Act for Sale of certain Estates of the late Earl of Fingall, in the County of Cavan, in the Kingdom of Ireland, for discharging Encumbrances charged thereon; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

and Pellet's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Baptist Pellet;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Liverpool Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing and enlarging the Road from Liverpool to Prescot, and other Roads therein mentioned, in the County Palatine of Lancaster; and for amending the Road leading from Prescot to the Chapel of St. Helen, in the said County."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Elde and Mr. Burroughs:

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

Duckinfield to take the Name of Daniel, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir William Duckinfield Daniel Baronet, and the Heirs Male of his Body, to take and use the Surname, and bear the Arms, of Daniel, pursuant to the Will of Sir Samuel Daniel Knight, deceased."

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 former Messengers:

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

Persons who have acted in Defence of the Government to indemnify, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have acted in Defence of His Majesty's Person and Government, and for the Preservation of the public Peace of the Kingdom, during the Time of the present unnatural Rebellion; and Sheriffs and others, who have suffered Escapes occasioned thereby, from vexatious Suits and Prosecutions.

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

Havens, &c. preserving, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better Preservation of Havens, Roads, Channels, and Navigable Rivers, within that Part of Great Britain called England."

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

Papers relating to the Troops of Hanover, &c. and Mons D'Ossorio's Memorial considered.

The Order of the Day being read, for taking into Consideration the several Papers presented to this House the 28th of April last, pursuant to their Lordships Address to His Majesty of the 22d of the same Month:

The said Papers, were also read.

Motion for an Address against carrying on the War in Flanders.

Then it was moved, "To resolve, That an humble Address be presented to His Majesty, most humbly to represent to His Majesty, as the Opinion and Advice of this House, that carrying on the War in Flanders, at so vast a Disproportion of Expence to this Nation, by forming an Army on the Continent, paid by this Nation, while The States of the United Provinces, notwithstanding the unaccountable Loss of the greatest Part of their Barrier, and notwithstanding the very great Efforts which this Nation has made, have not only avoided declaring War against France, pursuant to Treaties, but are actually negociating for themselves at the Court of France, is a Measure tending more to exhaust a Nation long and grievously burthened with Debts and Taxes, and to destroy the Public Credit, than to weaken the Power of the Common Enemy; which can best be effected by this Nation, where itself is weakened least, by a vigorous Exertion of our Naval Strength, and by enabling (as far as the Circumstances of the Nation will permit) those Powers upon the Continent, who are more nearly interested in its Defence, to imitate the magnanimous Conduct of His Majesty's good Ally the King of Sardinia, in carrying on the War as Principals, in Defence of their own nearest Concerns, and to maintain the Liberty and Independence of Europe, against the ambitious Views and Attempts of France."

Which being objected to;

And long Debate thereupon:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

"Dissentient.

Protest against rejecting it.

"1st, Because it appears to us to be a Measure repugnant to the real and fundamental Interests of this Island, to engage Great Britain as a Principal, and in Effect as the only Principal, in a Land War in The Netherlands, the Consequences of which are, not only the Increase of Taxes and of Debts at Home, but such immense Exportations of Specie Abroad, as this Country cannot long without Ruin sustain.

"2dly, Because we have experienced and feel the Mischiefs arising to this Nation from the undue Influence of Foreign Interests upon the Continent, whereby we have been unnecessarily embroiled in endless Jealousies and Contests, and engaged in impracticable Treaties and fruitless Subsidies, until, after Intervals (hardly to be distinguished) of Peace without Oeconomy, and War without Effect, scarce any Trace remains of all the Efforts which this Nation has made upon the Continent, except that of a Debt of more than Sixty Millions, exhausting the Landed, discressing the Trading Interest, creating new Powers and Influence dangerous to the Constitution, sapping the Credit, and preying upon the very Vitals of our Country.

"3dly, Because the Means for carrying on the War have appeared, and still appear to us, not only burthensome and grievous to the Nation, but insufficient to the National End, which (in our Opinion) ought to be the Re-establishment of Peace; and the Conduct of the War, throught the several Changes of Administration at Home, seems to us to have been unaccountable, from the unavailing Victory of Dettingen, to the Slaughter of our gallant Countrymen at Fontenoy.

"4thly, Because we have still less Reason for concurring in this Measure, when we reflect upon the Conduct of our Allies; Italy having been well high lost by the Inattention of the Court of Vienna; and the Barrier in The Netherlands having been unaccountably given up, by a Conduct of the Dutch, for which we want a Name, as we want Reasons for the ineffectual and contemptuous Succour which they sent in our domestic Distress, and Part of which (even such as it was) they withdrew when the Danger appeared greatest.

"5thly, Because, after those Ministers who first engaged us in this Measure had declared the Concurrence of the Dutch essential to its Success; and after a new-formed Administration had so explicitly declared that Concurrence to be the necessary Condition of continuing that Measure; after not only the Conduct, but the very Words, of the Dutch (as contained in the Memorial which has been said before us) manifest their Disability, or their Disinclination, to any cordial or effectual Concurrence; and after it is become notorious that, at this very Time, they are treating for themselves at the Court of France (if we may not rather infer from their Conduct that they have already secured to themselves that Protection, which their Ancestors disdained); after all these Considerations, we hold it inexcusable to concur in charging our poor and exhausted Country with new and immense Expences, which not only Common Sense, but Experience, has pointed out to be in this Conjuncture ineffectual; a Conjuncture in which even they who advise His Majesty did not flatter us with much Hope of Success.

"6thly, Because the prodigious Expence which this Nation sustains, in Support of this Measure, for the Hire of Foreign Mercenaries, bears no Proportion between us and our Allies, either with regard to their and our Interests, to Stipulations observed in former Wars, or to our present Abilities, and must inevitably be (as we apprehend) a growing Expence, if the present Measures are pursued.

"7thly, Because we have seen Part of the British Forces left useless Abroad, at a Time when an additional Military Strength was thought wanting for our domestic Defence; and that Want supplied by Foreign Mercenaries: Which alarms us greatly, from the Reflections we cannot avoid making on the fatal Consequences which may be produced to this Country, if a Prerogative shall be ever established, for bringing over into this Country Foreign Mercenaries in British Pay, even during the Sitting of Parliament, and without previously consulting that Parliament in a Matter so new and so essential to the Honour and to the Safety of the Nation: This alarms us the more, when we see the Troops of Hanover, which had been affectedly secreted from the last Year's Estimates (though paid by this Nation then), now taken avowedly again into British Pay; for which Second Variation we are not able to assign any national Motive. Our Alarm therefore must increase, since that Patriot Zeal seems alarmed no longer, which adopted at least the Constitutional Jealousy, and which had given at least the Sanction of Ministerial and Parliamentary Acquiescence to the popular Discontent occasioned before by the Troops of Hanover: We therefore consider it as our bounden Duty to our Country, and to His Majesty's Royal Family, to warn Posterity to watch the Exertion of so dangerous a Prerogative, by which, upon the same Reasoning and Pretence that a small Number of Hanoverians may be introduced into this Country, any greater Number may; and if that shall ever be the Case, the Rights and Liberties of this Country may be left at Mercy, or the Protestant Succession in His Majesty's Royal House be at least endangered, by the Discontents which such a Measure might produce in the Hearts of the People.

"8thly, Because we are discouraged still more from engaging in the further Burthens and Hazards of this consuming Measure, by the sad View of the Situation of Affairs at Home: The Peace of the Kingdom is not yet entirely restored; the whole Expence already incurred by the Rebellion is not yet ascertained; the further Expence, which may be incurred, cannot be yet foreseen; the pressing Demands of the Navy Debt weaken us most where we should endeavour to be strongest: And since, to these we may add the Stagnation of Commerce, the Decay of our Inland Trade, the vast Increase of our Military Establishment at Home, made up of Hands wanted by the Manufacturer and the Farmer, the Decrease of National Wealth, the Difficulty and enhanced Expence of raising Supplies, when, adding Debts to Debts, we have parted, in Effect, with the very Power of Redemption, by mortgaging the Sinking Fund; the Fluctuation and Delicacy of the Public Credit; the Combination of all these Circumstances presents to our Minds a dark and dangerous Situation (such a one as we would not have thus pointed out, if it remained a Secret to any one within or without this Island); a Situation which, we apprehend, ought to fix our Attention in the First Place at Home, and to warn us not to precipitate the too nearly impending Ruin of our Country: We should rather hope, by a proper Exertion of our own Brittish Naval Strength, and by assisting the Powers more nearly concerned upon the Continent, with unsparing but not with lavish Hands, to withstand the ambitious Designs of France, that we might regain to this Nation, from Foreign Powers, that Respect, grounded upon our Prudence, and upon our Strength rightly applied, which alone ought to be made the Foundation, and can alone be the Support of Peace; at least that we might find some Leisure, from our Cares for others, to effect, if possible, our own domestic Welfare, instead of promoting (as we apprehend the present Measures tend to promote) National Calamity, Bankruptcy, and Military Government.

"9thly, Because our Duty to God and to our Country excites us, in such a Situation, more particularly to exert ourselves in Discharge of that Office for which we stand accountable to both; being established, by the Constitution, Guardians of the People, and Counsellors to the Crown; constituted to watch, to check, to avert, to retrieve, to support, or to withstand, wherever our Duty suggests; in which no Desire of Opposition, no Personal Dislike, no little Motive of Resentment or of Ambition, no selfish nor partial Consideration, has animated, can relax, or shall disgrace, our Conduct: Affected deeply, but not depressed, with the impending Ruin of our Country, we are determined not to be remiss in our Endeavours to retrieve its Welfare; which can only be effected by the Re-establishment of Peace and of Order, by wise Oeconomy and temperate Reformation, by re-gaining Considence and Authority to Government, and reviving in the Nation a truly Brittish and a moral Spirit: With all who will concur in such a Conduct we will unite with Affection; all other Connections and Views we disclaim and abhor.

"Beaufort.
Montjoy.
Suffolk & Berkshire.
Northampton.
Shaftesbury.
Westmorland.
Ferrers.
Litchfield.
Stanhope.
Oxford & Mortimer.
St. John de Bletsoe.
Abingdon.
Ward.
Maynard.
Aylesford.
Hereford.
Boyle.
Foley.
Craven.
Talbot."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, sextum diem instantis (fn. 1) Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 6o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cant.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
March. Rockingham.
Comes Suffolk & Berks.
Comes Northampton.
Comes Ailesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Abingdon.
Comes Jersey.
Comes Oxford.
Comes Ferrers.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Graham.
Viscount Fauconberg.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Maynard.
Ds. Ward.
Ds. Hervey.
Ds. Foley.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Manners' Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting divers Lands and Tenements in the County of Northumberland, late the Estate of John Manners Gentleman, deceased, in Trustees, to enable them to make an effectual Conveyance thereof to the Purchasers under a Decree of the Court of Chancery, for the Purposes therein mentioned," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Message from H. C. to return the D. of Chandos's Bill;

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estates of the most Noble Henry Duke of Chandos in Trustees, for raising Money to discharge Encumbrances affecting other Parts thereof; and for Payment of his Debts; and for securing an Equivalent to the Right Honourable James Brydges, called Marquis of Carnarvon, an Infant, and his Issue; and for raising, at Twenty-one or Marriage, the Portion charged on the said settled Estates for the Lady Caroline Brydges, only Daughter of the said Duke; and for securing to her the Interest thereof in the mean Time;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read Thrice, were agreed to.

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

and the E. of Plimouth's Bill.

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

To return the Bill, intituled, "An Act to empower the Guardians of the Earl of Plimouth, an Infant, to make Leases of his Estate in the County of Glamorgan, during his Minority;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Pitt to erect a Bridge over the River Froome, Bill.

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

With a Bill, intituled, "An Act to empower Lora Pitt Widow to erect a Bridge, or Bridges, over the River Froome; and to make a Causeway to the East End of the Town of Dorchester, over Forthington Moor, in the County of Dorset;" to which they desire the Concurrence of this House.

Coffee, Growth of, and Sugar Trade in America, encouraging, Bill.

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

With a Bill, intituled, "An Act to continue Two Acts of Parliament; One, for encouraging the Growth of Coffee in His Majesty's Plantations in America; and the other, for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Persons who have acted in Defence of the Government, to indemnify, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify such Persons as have acted in Defence of His Majesty's Person and Government, and for the Preservation of the public Peace of the Kingdom, during the Time of the present unnatural Rebellion; and Sheriffs and others, who have suffered Escapes occasioned thereby, from vexatious Suits and Prosecutions."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Havens, &c. preserving, Bill.

The like Proceeding was had in relation to the Bill, intituled, "An Act for the better Preservation of Havens, Roads, Channels, and Navigable Rivers, within that Part of Great Britain called England."

Adjourn.

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

DIE Mercurii, 7o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Oxford.
Comes Orford.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Ward.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Manner's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tenements in the County of Northumberland, late the Estate of John Manners Gentleman, deceased, in Trustees, to enable them to make an effectual Conveyance thereof to the Purchasers under a Decree of the Court of Chancery, for the Purposes therein mentioned."

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. Allen and Mr. Spicer:

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

Bennet's Bill;

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of divers Lands and Hereditaments, in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennet Esquire, in order to raise a Sum of Money in present for their Portions, as an Equivalent for their Reversionary Interest in the said Estates, expectant on the Death of their Father," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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.

Persons who have acted in Defence of the Government, to indemnify, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify such Persons as have acted in Defence of His Majesty's Person and Government, and for the Preservation of the public Peace of the Kingdom, during the Time of the present unnatural Rebellion; and Sheriffs and others, who have suffered Escapes occasioned thereby, from vexatious Suits and Prosecutions."

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

It was Resolved in the Affirmative.

Havens, &c. preserving, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the beter Preservation of Havens, Roads, Channels, and Navigable Rivers, within that Part of Great Britain called England."

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 preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Pitt to erect a Bridge over the River Froome, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to empower Lora Pitt Widow to erect a Bridge, or Bridges, over the River Froome, and to make a Causeway to the East End of the Town of Dorchester, over Forthington Moor, in the County of Dorset."

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

L. President.
L. Privy Seal.
L. Steward.
D. Montagu.
D. Argyll.
D. Newcastle.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Ailesbury.
E. Shaftesbury.
E. Jersey.
E. Oxford.
E. Orford.
Viscount Fauconberg.
L. Bp. Worcester.
L. Bp. Bath. & Wells.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Willoughby Par.
L. Brooke.
L. Ward.
L. Cornwallis.
L. Foley.
L. Bathurst.
L. Monson.
L. Sandys.

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

Coffee, Growth of and Sugar Trade in America, encouraging, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to continue Two Acts of Parliament; One, for encouraging the Growth of Coffee in His Majesty's Plantations in America; and the other, for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

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

Poor Laws, Difficulties in, to obviate, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to obviate certain Difficulties in the Laws now in being, relating to the Poor; and for allowing some Warrants of Justices of the Peace, granted in One County or Place, to be executed in other Counties or Places."

Ordered, That the House be put into a Committee thereupon, on this Day Two Months.

Adjourn.

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

DIE Jovis, 8o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Chandos.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Harborough.
Comes Macclesfield.
Comes Harrington.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Bennett's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of divers Lands and Hereditaments, in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennet Esquire, in order to raise a Sum of Money in present for their Portions, as an Equivalent for their Reversionary Interest in the said Estates, expectant on the Death of their Father."

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. Burroughs and Mr. Allen:

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

Coffee, Growth of, and Sugar Trade in America, to encourage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue Two Acts of Parliament; One, for encouraging the Growth of Coffee in His Majesty's Plantations in America; and the other, for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

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 Veneris, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 9o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Lonsdale.
Viscount St. John.
Ds. Willoughby Par.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Pitt to erect a Bridge over the River Froome, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Lora Pitt Widow to erect a Bridge, or Bridges, over the River Froome; and to make a Causeway to the East End of the Town of Dorchester, over Forthington Moor, in the County of Dorset," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Coffee, Growth of, and Sugar Trade in America, to encourage, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to continue Two Acts of Parliament; One, for encouraging the Growth of Coffee in His Majesty's Plantations in America; and the other, for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."

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. Sawyer and Mr. Montague:

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

Chalmer against Alison & al.

After hearing Counsel upon the Petition and Appeal of Captain John Chalmer of Gadgirth; complaining of an Interlocutor of the Lord Ordinary, of the 9th of June 1744; and also of an Interlocutor of the Lords of Session in Scotland, of the 19th of June 1745; and likewise of another Interlocutor of the said Lords, of the 29th of the same Month, whereby they adhered to their former Interlocutor, made on the Behalf of Robert Alison, James Porter and others; and praying, "That the same might be reversed, varied, or amended, and such other Relief granted to the Appellant as to this House in their great Wisdom and Justice should seem meet:" As also upon the joint and several Answer of the said Robert Alison, James Porter, and others, 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 in the said Interlocutor of the Lord Ordinary, after the Words ["That in this Special Case"], these Words, ["it appearing that, before the Charter granted to the Appellant, it was uncertain in whom the Superiority of the Lands in Question was vested"] be inserted; and that, in the said Interlocutor of the said Lords of Session, of the 19th of June 1745, these Words ["find that whereas the Petitioner does not claim the Superiority as Heir to his Predecessor, but as a singular Successor, therefore"] be left out: And it is hereby further Ordered and Adjudged, That, with these Variations, the several Interlocutors complained of in the said Appeal be affirmed.

Adjourn.

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

Footnotes

  • 1. Origin. Martii.