BHO

House of Lords Journal Volume 28: May 1756, 11-20

Pages 594-609

Journal of the House of Lords Volume 28, 1753-1756. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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In this section

May 1756, 11-20

DIE Martis, 11o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Sarum.
Epus. Petriburg.
Epus. Bangor.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Comes Granville, Prses.
Comes Gower, C. P. S.
Dux Rutland, Senescallus.
Dux Grafton, Camerarius.
March. Rockingham.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Stamford.
Comes Winchilsea.
Comes (fn. 1) Thanet.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plimouth.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Halifax.
Comes Macclesfield.
Comes Waldegrave.
Comes Ashburnham.
Comes Bath.
Comes Leicester.
Comes Buckingham.
Comes Fitzwilliam.
Comes Powis.
Comes Northumberland.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Darlington.
Viscount Say & Sele.
Viscount Weymouth.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Dacre.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.
Ds. Archer.

PRAYERS.

Palmers against Jackson & al.:

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Roger Palmer the Elder and Roger Palmer the Younger Esquires; complaining of a Decree of the Court of Chancery in Ireland, of the 11th Day of March 1755, made in a Cause wherein George Jackson was Plaintiff, and the Appellants and Charles Lord Archbishop of Dublin, Charity Blake, Catherine Jackson, and others, were Defendants; and praying, "That the said Decree might be reversed, or that this House would be pleased to grant the Appellants such Relief in the Premises as to their Lordships in their great Wisdom should seem meet:" As also upon the joint and several Answer of the said George Jackson and Catharine Jackson, and likewise the joint and several Answer of the said Charles Lord Archbishop of Dublin and Charity Blake, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, in the said Decree, after the Words ["in the Pleadings mentioned"], the Words (that is to say) ["Ballynatony, Ballicunigan, Killmurry, Creevagh, Glaneevin, Carrownecoyle, Carrownekinard, Killmurry, Carrowclogh, Ballinloghan, Bally McMagh, Gortskeddy, Lecarrowbleagh, Carrowkcell, Carrowkillin and Moylagha, Lecarrowdyke, Rathcreevy, Gortduffe, and Moilassa, Knockmullin and Knockleyne, Drissighan and Drumrin, Toneroe, Atlycloghy, Carrowkellincarbry, Kellmullogh Coylenolagh otherwise Killmullogh Cloghbrack, Dervin otherwise Durrin, Boughmanan otherwise Boheenan otherwise Drumnebehey, Derrymartin, Curraghmore, and Derryfada otherwise Levally in Ballynlabane, 39 Acres profitable in the West Side of Drummada otherwise Ballynagurr, 62 Acres profitable Carrowmorekillbreedy, Lenagh otherwise Enagh otherwise Freehine in Rabane, 55 Acres profitable, Rathshinagh otherwise Knockmullenagh, Bally Mchugh, Bellderrigg, Rathmoreneny, Ballineety, Rathnehown, Tobermoremoyla, Lecarrowbegg, Meelick, Killroe, Moyne otherwise Knockanmoyne, all which said Lands are lying and being in the Barony of Tirawly and County of Mayo; excepting thereout the Lands of Carrowkillincarbry, Carrowmorekillbreedy, Bellderrigg, Bally Mchugh, and Attycloghy, which were mortgaged by said Oliver Jackson deceased to William Knox deceased; and excepting Two Thirds of the Lands of Killmullagh, 26 Acres and Two Thirds of an Acre in Cloghbrack, 33 Acres in Dervin, 82 Acres in Moyne, 87 in Killroe, 123 Acres in Ballynity, 51 Acres Two Roods in Rathmoreneny, and 64 Acres in Gortskeddy, which are the Estate of the said Defendant Roger Palmer the Elder"], be left out; and that the Words following be inserted instead thereof, ["except the intermixed Lands of Roger Palmer the Elder, and except the Lands comprized in the Mortgage to William Knox deceased; and also except such Lands as were recovered from the Mortgagee, or any Person standing in his Place, by Michael Kirkwood, the Heir at Law of Francis Jackson:"] And it is hereby Ordered and Adjudged, That, with this Variation, the said Decree be, and the same is hereby, affirmed.

Militia Bill.

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

With a Bill, intituled, "An Act for the better ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England;" to which they desire the Concurrence of this House.

York Buildings Watergate, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Proprietors and Inhabitants of House in York Buildings, in the Parish of Saint Martin in the Fields, in the County of Middlesex, to make and levy a Rate on themselves, sufficient to answer the Expense of re-building or repairing of the Terrace Walk and Watergate, and such other Part of the Premises adjoining to the River Thames, and belonging to the said Buildings, as shall be judged necessary; and for keeping the same in Repair for the future," 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."

Militia Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England."

Ordered, That the said Bill be printed.

Ordered, That the said Bill be read a 2d Time on Tuesday next; and that the Lords be summoned.

London Bridge, to enlarge the Passage over, Bill.

A Message was brought from the House of Commons, by Sir John Phillips and others:

With a Bill, intituled, "An Act to improve, widen, and enlarge, the Passage over and through London Bridge;" to which they desire the Concurrence of this House.

Egleton Common Fields, Bill.

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

With a Bill, intituled, "An Act for dividing the Common Fields of Egleton, alias Edgeton, in the County of Rutland;" to which they desire the Concurrence of this House.

Fisheries in Scotland, Bill.

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

With a Bill, intituled, "An Act for encouraging the Fisheries in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

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

A Message was brought from the House of Commons, by Sir Robert Burdett and others:

To return the Bill, intituled, "An Act for Sale of the settled Estate of Wrightson Mundy Esquire, in the County of Leicester, for discharging Encumbrances affecting the same, and also his unsettled Estate in the County of Derby; and for settling the Derbyshire Estate, so disencumbered, to the Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from the King, with a Treaty with the King of Prussia.

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to their Lordships."

And the same was read by the Lord Chancellor, and is as follows:

"GEORGE R.

"His Majesty being desirous to be prepared against all Attempts and Designs whatsoever that may be formed by His Enemies, in the present critical Conjuncture; and considering that sudden Emergencies may arise, which may be of the utmost Importance, and be attended with the most pernicious Consequences, if proper Means should not be immediately applied to prevent or defeat them; His Majesty hopes that He shall have the Concurrence and Support of the House of Lords, in concerting and taking all such Measures as may be necessary to disappoint or defeat any Enterprizes or Designs of His Enemies, and as the Exigency of Affairs may require.

"His Majesty, having concluded a Treaty with the King of Prussia, has ordered it, together with the Declaration signed at the same Time, to be laid before this House, that He may be supported by them in making good the Engagements He hath thereby entered into.

"G. R."

Treaty with Prussia delivered.

Then the Earl of Holdernesse, by His Majesty's Command, presented to the House, a Copy of the Treaty with the King of Prussia, and the Declaration referred to in His Majesty's Message.

And the Titles thereof were read by the Clerk, as follow:

"Copy of a Treaty between His Majesty and the King of Prussia, signed at Westminster, the 16th of January 1756; and Translation."

"Copy of a Secret and Separate Article belonging to the Treaty between His Majesty and the King of Prussia, signed at Westm'r, the 16th of January 1756; and Translation."

"Copy of a Declaration signed by the Plenipotentiaries of His Majesty and the King of Prussia, at Westm'r, the 16th of January 1756; and Translation."

Ordered, That the said Treaty and Declaration do lie on the Table.

Order for an Address, on His Majesty's Message.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message, and for communicating to us the Treaty concluded with the King of Prussia, and the Declaration accompanying it; to express our inviolable Duty and Fidelity to His Majesty, and our grateful Sense of His Royal Will and Care, to be prepared against any Emergencies that may happen in this critical Conjuncture; and to give His Majesty the strongest Assurances of our zealous and chearful Concurrence and Support, in concerting and taking all such Measures as may be necessary to disappoint or defeat any Enterprizes or Designs of His Enemies, and as the Exigency of Affairs may require."

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Mercurii, duodecimum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Mercurii, 12o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Bangor.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Glocestr.
Epus. Cicestrien.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Dorset.
Comes Winchilsea.
Comes Sandwich.
Comes Shaftesbury.
Comes Holdernesse.
Comes Breadalbane.
Comes Marchmont.
Comes Fitzwilliam.
Comes Cornwallis.
Comes Darlington.
Ds. Willoughby Par.
Ds. Berkeley Str.
Ds. Onslow.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

King's Answer to Address reported.

The Lord Berkeley of Stratton reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; to which His Majesty was pleased to return the following most Gracious Answer; videlicet,

"His Majesty thanks the House of Lords, for this dutiful and affectionate Address, and for the Considence they repose in Him."

Report and Estimate for Ramsgate Harbour delivered.

The House being informed, "That Mr. Bogdani, from the Office of Ordnance, attended:"

He was called in; and delivered, at the Bar, pursuant to an Order of this House of Monday last,

"Report and Estimate for Ramsgate Harbour."

And then he withdrew.

And the Title thereof being read by the Clerk:

Ordered, That the said Report and Estimate do lie on the Table.

York Buildings Watergate, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Proprietors and Inhabitants of Houses in York Buildings, in the Parish of Saint Martin in the Fields, in the County of Middlesex, to make and levy a Rate on themselves, sufficient to answer the Expense of re-building or repairing of the Terrace Walk and Water-gate, and such other Part of the Premises adjoining to the River Thames, and belonging to the said Buildings, as shall be judged necessary; and for keeping the same in Repair for the future."

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. Lane and Mr. Holford:

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

Fisheries in Scotland, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for encouraging the Fisheries in that Part of Great Britain called Scotland."

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

Ordered, That the House be put into a Committee upon the said Bill, on Tuesday next.

Secretary to Ramsgate Harbour Trustee to attend, with Books and Papers:

Ordered, That the Secretary to the Trustees for enlarging and maintaining the Harbour of Ramsgate do attend this House, on Friday next, with all the Reports, Plans, Memorials, Protests, and Estimates, in his Custody, which have been delivered or proposed to the said Trustees; and also all Books and Papers containing the Minutes of the Proceedings of the said Trustees; and also an Accompt of the Monies received and expended by them in the Execution of their Trust.

Lords to be summoned.

Ordered, That the Lords be summoned, on Friday next, upon the 2d Reading of the Bill for making a more safe and commodious Harbour at Ramsgate.

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

A Message was brought from the House of Commons, by Sir Walter Blackett and others:

To return the Bill, intituled, "An Act for vesting divers Manors, Lands, and Hereditaments, Part of the settled Estates of Francis Blake Delaval Esquire, in Trustees, for raising Money, to pay off and discharge several Debts and Encumbrances; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, to which they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

And the same were read Twice by the Clerk.

And the Purport of the said Amendments being to take off the Restraint upon the said Francis Blake Delaval from committing Waste, so far as to empower him to open new Mines upon the Estate; it was judged necessary that the Parties concerned should give their Consent to the Bill, as amended.

And thereupon the House being informed, "That they were attending without:"

Mrs. Delaval Mother of the said Francis Blake Delaval, John Delaval, Edward Delaval, Robert Delaval, and Henry Delaval, Esquires, his Brothers, and Edward Astley Esquire who married his Sister, were called in.

And the Lord Chancellor acquainting them with the Nature and Purport of the said Amendments, they severally, at the Bar, declared their Consent thereto.

And then they were directed to withdraw.

Then the said Amendments were read the 3d Time, and agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Hankes against Jones & al.

After hearing Counsel in Part, in the Cause wherein Charles Haukes Esquire is Appellant, and Thomas Jones and others are Respondents:

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

Egleton Common Fields, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for dividing the Common Fields of Egleton, alias Edgeton, in the County of Rutland."

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

D. Argyll.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Breadalbane.
E. Marchmont.
E. Hyndford.
E. Bath.
E. Cornwallis.
Ld. Bp. Landaff. L. Wentworth.
L. Willoughby Par.
L. Onslow.
L. Ducie.
L. Raymond.
L. Sandys.
L. Ravensworth.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum tertium diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Jovis, 13o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Eliens.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Shaftesbury.
Comes Holdernesse.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Halifax.
Comes Temple.
Comes Cornwallis.
Viscount Say & Sele.
Ds. Willoughby Par.
Ds. Ducie.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

No more Causes to be heard this Session.

Ordered, That this House will hear no more Causes, this Session of Parliament, after that which is now in Hearing.

Report of Committee for managing the annexed Estates in Scotland.

The House being informed, "That Mr. Rowe, from the Treasury, attended:"

He was called in; and delivered, at the Bar, pursuant to an Act of the 25th Year of His present Majesty,

"Report to the Lords Commissioners of His Majesty's Treasury, by the Commissioners for managing the annexed Estates in Scotland."

And then he was directed to withdraw.

And the Title thereof being read by the Clerk:

Ordered, That the said Report do lie on the Table.

Wapping Church, Bill.

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

With a Bill, intituled, "An Act for re-building the Parish Church, and enlarging the Church-yard, of Saint John Wapping, in the County of Middlesex;" to which they desire the Concurrence of this House.

To widen the Avenues to the Houses of Parliament, &c. Bill.

A Message was brought from the House of Commons, by Sir John Crosse and others:

With a Bill, intituled, "An Act to enable the Commissioners for building a Bridge cross the River Thames, from the City of Westminster to the opposite Shore in the County of Surry, to purchase Houses and Grounds, and to widen the Ways, and make more safe and commodious the Streets, Avenues, and Passages, leading from Charing Cross to the Two Houses of Parliament, Westminster Hall, and the Courts of Justice there, and Westminster Bridge; and to enable a less Number of Commissioners to execute the se veral Acts relating to the said Bridge than at present are required by Law; and for Relief of George and James King, with regard to a Lease taken by their late Father from the said Commissioners;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Haukes against Jones:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Haukes Esquire; complaining of a Decree of the Court of Chancery in Ireland, of the 20th of July 1754; and praying, "That the same might be reversed or varied; and that the Appellant might have such further and other Relief as to this House in their Lordships great Wisdom should seem meet:" As also upon the several Answer of Thomas Jones Esquire and Susanna his Wife, and the several Answer of Gilbert Allison Gentleman and Sarah his Wife, Widow of Thomas Isaach deceased, and Thomas Lostus Esquire, 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 Decree complained of in the said Appeal be, and the same is hereby, reversed: And it is hereby Declared, That, as between the Appellant and the Respondents Jones and his Wife the Articles entered into on the Marriage of the Appellant with Elinor his First Wife ought to be performed and carried into Execution; and that, according to the true Construction and Intent of the said Articles, the Respondent Susanna and her Sister the Respondent Sarah Allison, upon the Death of the said Elinor their Mother, became entitled to the Sum of Three Hundred Pounds in the said Articles mentioned, and also to One Third Part of the Value of all the clear Personal Estate (Chattels Real being therein included) which the Appellant, or any other Person in Trust for him, was possessed of, or entitled unto, at the Time of the said Elinor's Death, to be divided between the said Respondents Susanna and Sarah in such Proportions as the Appellant in his Discretion should think fit; and that the same ought to be paid to them immediately after the Death of the Appellant, unless the Appellant should pay or make Satisfaction for the same in his Life-time: And it is therefore Ordered and Adjudged, That it be referred to a Master of the said Court of Chancery in Ireland, to take an Accompt of all the Personal Estate (Chattels Real being included) which the Appellant, or any other Person in Trust for him, was possessed of, or entitled unto, at the Time of the Death of Elinor his First Wife; and to take an Accompt of all the Debts which were really and bona Fide due and owing by the said Appellant at the same Time, and to deduct the same thereout; and that the Master do inquire into, and state, what was the Amount of the Value of the Appellant's clear Personal Estate, after such Deduction made as aforesaid: And it is hereby also Declared, That the Interest, either in Law or Equity, acquired by the Appellant in the Lands of Carrobane and Ronemarkagh, under the Decree obtained by John Shiell in Trust for the Appellant, during and until the Expiration of the Term granted therein by Edmund Winston to the Appellant, and also the Lease for Lives renewable for ever of the Lands of Sheheen, ought to be deemed to be Part of, and brought into the Accompt of, the said Personal Estate, within the true Intent of the said Articles; and that, the Appellant having compounded with his Daughter the Respondent Sarah for the Share which she was entitled to under the said Articles without making a regular Division thereof, the Respondent Susanna ought to be deemed to be entitled to One Moiety of the said Sum of Three Hundred Pounds, and to One Sixth Part of the Value of the clear Surplus of the said Personal Estate, to be paid or secured as aforesaid: And it is therefore Ordered, That the Appellant do give Security, to be approved by the said Master, to pay to the Respondents Thomas Jones and Susanna his Wife the Moiety of the said Three Hundred Pounds, and so much Money as One Sixth Part of the clear Residue of such Personal Estate shall amount unto, within Six Months after the Appellant's Decease, with Interest for the same from the Time of his Death; and that, in taking these several Accompts, the Master do make to all Parties all just Allowances; and that all Parties be examined upon Interrogatories, as the said Master shall direct; and that all Books of Accompt, Deeds, Securities, Writings, and Papers, relating to the Matters in Question, which are in the Custody of Power of any of the Parties, be produced before the Master upon Oath, as the said Master shall direct; and that no Costs of this Suit be paid on either Side to this Time; but that the Consideration of the subsequent Costs, and of all further Directions, be reserved until after the said Master shall have made his Report; and that any of the Parties be at Liberty to apply to the said Court of Chancery of Ireland, in the said Cause, as there shall be Occasion: And it is hereby further Ordered, That the said Court of Chancery do give all the proper Directions for carrying this Judgement into Execution.

Planting Trees on enclosed Commons, Bill.

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

With a Bill, intituled, "An Act for enclosing, by the mutual Consent of the Lord and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Message from H. C. to return Sir Hutchins Williams's Bill.

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

To return the Bill, intituled, "An Act for vesting the Manor of Northall, and divers Lands and Hereditaments, in the County of Middlesex, settled on the Marriage of Sir Hutchins Williams Baronet, and devised by the Will of William Peere Williams his Father, respectively, in Trustees, in order to be conveyed to Agatha Child Widow and her Heirs, pursuant to Articles of Agreement for that Purpose; and for laying out the Money arising by Sale of the Estate devised by the said Will, in the Purchase of Lands, to be settled to the Uses in that Will; and for other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

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

With a Bill, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Twenty-second Year of His present Majesty's Reign, intituled, "An Act for making a free Market for the Sale of Fish in the City of Westminster; and for preventing the forestalling and monopolizing of Fish; and for allowing the Sale of Fish under the Dimensions mentioned in a Clause contained in an Act of the First Year of His late Majesty's Reign, in case the same are taken with a Hook;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

London Bridge, Passage over to enlarge, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to improve, widen, and enlarge, the Passage over and through London Bridge."

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

D. Argyll.
D. Newcastle.
D. Manchester.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Holdernesse.
E. Findlater.
E. Breadalbane.
E. Marchmont.
E. Halifax.
E. Temple.
E. Cornwallis.
V. Say & Sele.
Ld. Bp. Durham.
L. Bp. Ely.
L. Bp. Litch. & Cov.
L. Bp. St. Davids.
L. Bp. Landaff.
Ld. Willoughby Par.
L. Ducie.
L. Raymond.
L. Sandys.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Veneris, decimum quartum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Veneris, 14o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Sarum.
Epus. Lincoln.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Cicestrien.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Bedford.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Sandwich.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plimouth.
Comes Poulett.
Comes Cholmondeley.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Strafford.
Comes Halifax.
Comes Macclesfield.
Comes Bath.
Comes Leicester.
Comes Buckingham.
Comes Fitzwilliam.
Comes Powis.
Comes Harcourt.
Comes Guilford.
Comes Darlington.
Viscount Say & Sele.
Viscount Falmouth.
Ds. Clifton.
Ds. Ward.
Ds. Berkeley Sir.
Ds. Montjoy.
Ds. Foley.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Anson.
Ds. Archer.

PRAYERS.

To widen the Avenues to the Houses of Parliament, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable the Commissioners for building a Bridge cross the River Thames, from the City of Westm'r, to the opposite Shore in the County of Surry, to purchase Houses and Grounds, and to widen the Ways, and make more safe and commodious the Streets, Avenues, and Passages, leading from Charing Cross to the Two Houses of Parliament, Westminster Hall, and the Courts of Justice there, and Westminster Bridge; and to enable a less Number of Commissioners to execute the several Acts relating to the said Bridge, than at present are required by Law; and for Relief of George and James King, with regard to a Lease taken by their late Father from the said Commissioners."

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Westminster Fish Market, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Twenty-second Year of His present Majesty's Reign, intituled, "An Act for making a free Market for the Sale of Fish in the City of Westminster; and for preventing the forestalling and monopolizing of Fish; and for allowing the Sale of Fish under the Dimensions mentioned in a Clause contained in an Act of the First Year of His late Majesty's Reign, in case the same are taken with an Hook."

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

Ordered, That the House be put into a Committee upon the said Bill, on Monday next.

Petition of Masters of Ships, &c. for Ramsgate Harbour Bill:

A Petition of several Masters of Ships in the Foreign and Coasting Trade, Pilots, and others concerned and employed in Shipping, was presented, and read; alleging, "That, if the Harbour of Ramsgate is enlarged and constructed agreeable to the Plan annexed to the Bill now depending before their Lordships, it will be extremely advantageous and useful to the Navigation of these Kingdoms, and may be the Means of saving the Lives of many useful Subjects;" and therefore praying, "That the said Plan may be carried into Execution by the said Bill."

Ordered, That the said Petition do lie on the Table.

Merchants of London, Petition against it:

A Petition of the Merchants of the City of London, whose Names are thereunto subscribed, was presented, and read; setting forth, "That, if the Plan for finishing a Harbour at Ramsgate, directed to be pursued by the Bill now depending before their Lordships, could be carried into Execution, the Petitioners have Reason to apprehend, from what has already happened, that the said Harbour would be in Danger of being soon choaked up and rendered useless;" and alleging, "That the Expence thereof will be a most grievous Burden upon Trade in general, and particularly on that of the City of London, which has already paid Three Fifths of the whole Duties hitherto collected under the former Act;" and therefore praying, "That the said Bill may not pass into a Law."

Ordered, That the said Petition do lie on the Table.

Petition from Kingston upon Hull, for the Bill:

A Petition of several Merchants and Owners of Ships in the Town of Kingston upon Hull, was presented and read; alleging, "That, if the Harbour at Ramsgate is constructed and finished agreeable to the Plan annexed to the Bill now depending before their Lordships, such Harbour will be of great Use and Service to the Navigation of this Kingdom;" and therefore praying, "That the said Plan may be carried into Execution by the said Bill."

Ordered, That the said Petition do lie on the Table.

Petition from Portsmouth, also for the Bill:

A Petition of several Merchants, Tradesmen, and others, residing in and near Portsmouth, employed or concerned in Shipping and Navigation, was presented, and read; praying, "That the said Plan may be carried into Execution; and that they may be heard, by themselves or Counsel, in Support of the said Bill."

Ordered, That the said Petition do lie on the Table.

Petition from Margate, for the Bill:

A Petition of several Owners, Masters of Ships, Pilots, and other Persons residing in and near Margate, in the Isle of Thanet, in the County of Kent, employed or concerned in Shipping and Navigation, was presented, and read; praying, "That the said Bill may pass into a Law."

Ordered, That the said Petition do lie on the Table.

Petition from Scarborough, for the Bill:

A Petition of several Merchants, Owners of Ships, and Masters of Ships, and other Persons, residing in the Town of Scarborough, employed or concerned in Shipping and Navigation, was presented, and read; praying, "That the said Plan may be carried into Execution; and that they may be heard, by themselves or Counsel, in Support of the said Bill."

Ordered, That the said Petition do lie on the Table.

Petition from Ipswich, for the Bill:

A Petition of several Merchants, Tradesmen, and other Persons, residing in and near the Town and Borough of Ipswich, employed or concerned in Shipping and Navigation:

Petition from Falmouth, for the Bill:

Also, a Petition of several Merchants, Tradesmen, and other Persons, residing in and near the Town of Falmouth, employed or concerned in Shipping and Navigation:

Petition from Pilmouth, for the Bill:

Also, a Petition of several Merchants, Tradesmen, and other Persons, residing in the Town of Plymouth, employed or concerned in Navigation:

Petition from Cowes, for the Bill:

And also, a Petition of several Merchants, Tradesmen, and other Persons, residing within the Port of Cowes, in the Isle of Wight, employed or concerned in Shipping and Navigation;

Were severally presented and read; praying, "That the said Plan may be carried into Execution; and that they may be heard, by themselves or Counsel, in Support of the said Bill."

Ordered, That the said Petitions do lie on the Table.

Petition from Yarmouth, for the Bill:

A Petition of several Merchants and other Persons residing in and near the Port of Great Yarmouth, in the County of Norfolk, employed or concerned in Shipping and Navigation:

Petition from Deal, for the Bill:

And also, a Petition of several Pilots, Merchants, and Mariners, of the Town of Deal, in the County of Kent, employed in Shipping and Navigation;

Were severally presented, and read; praying, "That the said Plan may be carried into Execution by the said Bill."

Ordered, That the said Petitions do lie on the Table.

Petition from Ramsgate, for the Bill:

A Petition of several Owners, Masters of Ships, Pilots, and other Persons, residing in and near Ramsgate, in the Isle of Thanet, in the County of Kent, employed or concerned in Shipping and Navigation, was presented, and read; praying, "That the said Bill may pass into a Law."

Ordered, That the said Petition do lie on the Table.

Trustees of Ramsgate, Petition for the Bill;

A Petition of several of the Trustees for enlarging and maintaining the Harbour of Ramsgate:

and Merchants of London, Petition for the Bill.

Also, a Petition of several Merchants, Tradesmen, and other Persons, residing in and near the City of London, employed or concerned in Shipping and Navigation;

Were severally presented and read; praying, That the said Plan may be carried into Execution; and that they may be heard, by themselves or Counsel, in Support of the said Bill."

Ordered, That the said Petitions do lie on the Table.

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

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

To return the Bill, intituled, "An Act for confirming a Partition between John Leman Esquire, and Elizabeth Newnham and John Newnham Esquire, of several Estates in the City of London and Counties of Middlesex and Huntingdon; and for vesting and settling the entire Premises, which on such Partition were allotted to the said John Leman, Elizabeth Newnham, and John Newnham, respectively, to the Uses therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Infants, &c. to surrender Leases, Bill.

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

With a Bill, intituled, "An Act to enable Infants, Lunaticks, and Femmes Covert, to surrender Leases, in order to renew the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ramsgate Harbour, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

The Report and Estimate relating to Ramsgate Harbour, made by Sir Piercy Brett and Mr. Desmaretz, which was laid before the House, from the Office of Ordnance, on Wednesday last, was read.

Mr. Pratt was heard, for the Petitioners, against the Bill; and produced,

William Ockenden Esquire, One of the Trustees of Ramsgate Harbour; who, being sworn, gave an Account of his going to Ramsgate, by Direction of the said Trustees, to make a Survey, and of his proposing to them the contracted Plan by which the Works were begun and carried on there; as also the Difficulties they met with in carrying on the said Works, by the Sullage which has been collected, which has removed the Lowwater Mark a considerable Distance; and also by the Water undermining the Walls.

Examined also as to the Impracticability of making a Harbour upon the enlarged Plan annexed to the Bill, and as to the Probability of its being choaked up and rendered useless by Sullage; and the Danger of the Works being undermined by the Water, if carried further into the Sea.

He was cross-examined, whether he had consulted with any Engineers, or Persons skilful in Sea Service, as to his Plan, before he proposed it to the Trustees, and with whom; and as to what Alterations have been made in it since the Works were begun; and as to any Motion made, at the Meetings of the Trustees, for consulting Pilots and other proper Persons, before it was proceeded on.

Then William Etheridge, Surveyor to the Trustees, who was concerned in the Works at Westminster Bridge, was produced, and sworn; and gave an Account of his going with Mr. Ockenden to make the Survey, and of the Works that have been carried on upon Mr. Ockenden's Plan.

Examined also as to the Impracticability of making a Harbour upon the Plan annexed to the Bill; as also, whether he has made any Calculation or Estimate of the Expense of carrying the said Plan into Execution; and says, "He has; and that, at moderate Prices, it will come to .386,098. 16s.; he believes it will come to more; for, in his Calculation, he has not allowed a Shilling for Accidents."

Cross-examined as to Sir Piercy Brett's telling him he was ready to receive any Evidence that he or any Person (fn. 2) he would bring to him; says, "He did; but owns he brought nobody to him."

Then Thomas Preston, Mason to the Trustees of Ramsgate Harbour, was produced, and sworn; and examined as to the Impracticability of carrying the present Plan into Execution.

Examined also, whether he had made any Calculation, or Estimate, of the Expense of carrying the said Plan into Execution; and says, "He thinks it will come to Double the Sum mentioned in Sir Piercy's Estimate; and mentions an Article of Work in the said Estimate, which is estimated at . 18. a Rood, for which Sort of Work the Office of Ordnance pays .30. 12s. a Rood, as he has seen by their Contracts."

Then Thomas Stevens, a Mason, was produced, and sworn; and examined as to any Calculation he has made of the Expense of carrying Sir Piercy Brett's Plan into Execution; and says, "He thinks it cannot be done for less than .386,098. 16s.; that Calculation being made upon moderate Prices, and no Allowance made for Accidents."

Then Thomas Walker, who has used the Sea 20 Years, and employed in the Merchants Service 14 Years, was produced, and sworn, as to the Inutility of the said Harbour to Ships in The Downs, and as to the Difficulty of Ships warping out of the Harbour, and the Delay that may be occasioned by their not being able to come out of the Harbour when there may be fair Winds to carry them down The Channel, and the Danger in attempting to get into the Harbour for Ship in The Downs when they break from their Anchors; and says, "He thinks this Harbour will never be of Use to Ships in The Downs."

Next, Stephen Blanket, who has been a Captain of a Ship 24 Years, was produced, and sworn, and examined to the same Matter; and says, "He would rather choose to lie in The Downs, than go into the Harbour."

Next, Apollos Morris, a Master of a Merchant Ship, was produced; and, being a Quaker, was examined upon his Solemn Affirmation to the same Matter; and says, "There are Four Winds, that bear fair to carry Ships down The Channel, that would not carry them out of the Harbour; that he should not think it safe to attempt to go into the Harbour, on account of the Current's running so strong, but should choose to lie in the Road; and thinks this Harbour cannot be of Use to Ships of any Burthen, not of Two or Three Hundred Ton."

Then Mr. Perrot was heard, for the Petitioners against the Bill, to observe upon the Evidence.

Mr. Forrester was heard at large, for the Bill.

And offering to call Witnesses:

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel, and Consideration of the said Bill, be adjourned till Monday next; and that the Lords be summoned.

King's Consent to London Bridge Bill.

The Earl of Holdernesse acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act to improve, widen, and enlarge, the Passage over and through London Bridge," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit.

Petition of Inhabitants, to be heard, against Wapping Church Bill.

A Petition of several Freeholders and other Owners of Houses and Lands, within the Parish of Saint John of Wapping, in the County of Middlesex, was presented, and read; taking Notice of the Bill depending in this House, for re-building the said Parish Church; and alleging, "That the Property of the Petitioners is greatly affected by the said Bill as it now stands; and therefore praying to be heard, by themselves or Counsel, against the said Bill; and that the same may not pass into a Law."

Ordered, That the Petitioners may be heard, by their Counsel, against the said Bill, at the Second Reading thereof; as may also Counsel be heard for the Bill, at the same Time.

Ordered, That the said Bill be read a Second Time on Wednesday next.

Bridge at Black Fryars, Bill.

A Message was brought from the House of Commons, by Sir Robert Ladbroke and others:

With a Bill, intituled, "An Act for building a Bridge cross the River Thames, from Black Fryars in the City of London, to the opposite Shore in the County of Surry;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum septimum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Lun, 17o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Cicestrien.
Epus. Landaven.
Dux Rutland, Senescallus.
Dux Bedford.
Dux Devonshire.
Dux Argyll.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
March. Rockingham.
Comes Westmoreland.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Findlater.
Comes Breadalbane.
Comes Marchmont.
Comes Hyndford.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Orford.
Comes Bath.
Comes Leicester.
Comes Buckingham.
Comes Temple.
Comes Harcourt.
Comes Hertford.
Comes Darlington.
Viscount Say & Sele.
Viscount Falmouth.
Ds. Dacre.
Ds. Ward.
Ds. Berkeley Str.
Ds. Montjoy.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Sandys.
Ds. Anson.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

D. of Devonshire takes his Seat; and Lords take the Oaths.

William Duke of Devonshire sat first in Parliament, after the Death of his Father William Duke of Devonshire; and, together with John Earl of Westmoreland, and Bennett Earl of Harborough, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

London Bridge Passage over, to enlarge, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to improve, widen, and enlarge, the Passage over and through London Bridge," 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."

To widen the Avenues to the Houses of Parliament, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable the Commissioners for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surry, to purchase Houses and Grounds, and to widen the Ways, and make more safe and commodious the Streets, Avenues, and Passages, leading from Charing Cross to the Two Houses of Parliament, Westminster Hall, and the Courts of Justice there, and Westm'r Bridge; and to enable a less Number of Commissioners to execute the several Acts relating to the said Bridge, than at present are required by Law; and for Relief of George and James King, with regard to a Lease taken by their late Father from the said Commissioners."

After some Time, the House was resumed.

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

Westminster Fish Market, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Twenty-second Year of His present Majesty's Reign, intituled, An Act for making a Free Market for Sale of Fish in the City of Westminster; and for preventing the Forestalling and monopolizing of Fish; and for allowing the Sale of Fish under the Dimensions mentioned in a Clause contained in an Act of the First Year of His late Majesty's Reign, in case the same are taken with a Hook."

After some Time, the House was resumed.

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

Petition of Merchants of Bristol, for Ramsgate Harbour Bill.

A Petition of the principal Merchants, Tradesmen, and other Persons concerned in the Shipping and Navigation, residing in the City of Bristol, was presented, and read; praying, "That the Plan annexed to the Bill now depending before their Lordships, for making a more safe and commodious Harbour at Ramsgate, may be carried into Execution; and that the Petitioners may be heard, by themselves or Counsel, in Support of the said Bill."

Ordered, That the said Petition do lie on the Table.

Ramsgate Harbour, Bill.

The Order of the Day being read, for the further Hearing of Counsel and Consideration of the Bill, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate:"

It was proposed, "That One Counsel only be heard upon the Reply."

Which being agreed to:

The Counsel were called in.

And the Speaker acquainted them with the Determination of the House, as to the Hearing of One Counsel only upon the Reply.

And then the Counsel for the Bill being directed to proceed in their Evidence:

Archibald Elliott, Secretary to the Trustees of Ramsgate Harbour, was called in, and sworn; and produced the Books of the Proceedings; and read, from the said Books, several of the Proceedings of the said Trustees, in the Years 1749, 1750, and 1753.

He was examined as to the Time when Mr. Ockenden's contracted Plan was first proposed, and the Opposition made to it, no Estimate being delivered with it; and as to Petitions that were offered against it, particularly One from Bristol, which was not suffered to be read; and as to some of the Trustees desiring to enter their Protest against refusing to consult with Pilots and skilful Navigators before the contracted Plan was proceeded on, which was not permitted.

Examined also, as to the Works having been suspended since December 1754, and the Officers Salaries continued since the Suspension of the Works; as also as to the Opinion of the Trustees, that the Duty on Shipping was applicable to the carrying on of the Works; and that .15,000 of that Money had been applied to the carrying on of the Building.

Next, Captain Thomas Bennett, One of the Trustees, who has used the Sea Service, was called in; and, being sworn, was examined, as to his being present at the Board when the contracted Plan was carried upon a Division of 26 against 15; and as to there being but One Person used to the Sea Service in the Majority, and Nine Persons skilful in the Sea Service in the 15 that were of the Minority.

He was examined also as to Practicability of making a Harbour upon the Plan of Sir Piercy Brett and Captain Desmaretz; and says, "He thinks that a very good and useful Harbour may be made upon the said Plan; that it is the most convenient Place for a Harbour for Ships in The Downs; and that all Winds which will carry Ships out of The Downs down The Channel will bring Ships out of the Harbour."

Next, James Crokatt, One of the Trustees, who was One of the Committee sent to Ramsgate to make a Survey of the Works after the contracted Plan was proceeded on, was sworn, and examined as to any Questions which were put to the Surveyor in Writing; to which he refused to give Answer in Writing, alleging for his Reason, "That it was very hard he should be put to accuse himself."

Examined also, whether any Pilots, or Navigators, were examined upon that Survey; says, "There were not; that the Surveyor and Mason only were examined."

Archibald Elliott was again called in, and examined as to Part of the Work being taken down by the Surveyor, after the contracted Plan was agreed to, without Order from the Trustees; and as to a Memorial being presented from the People of Ramsgate against the contracted Plan.

Then Captain John Peter Desmaretz, Superintendant of the Works at Chatham and Portsmouth, was called; and, being sworn, was examined as to the Practicability of compleating the Harbour upon the Plan signed by Sir Piercy Brett and himself.

Examined also as to the Expense of carrying the said Plan into Execution; and says, "He thinks it may be done for the Money mentioned in the Estimate signed by Sir Piercy Brett, and annexed to their Report, videlicet, .195,906.-7s. 6d.; and is of Opinion, That a safe and useful Harbour for Ships of 300 Ton Burthen may be made for that Money, according to the said Plan, and not liable to the Collection of any Sullage but what may be removed at a small Expense."

Examined also as to what Rule he went by in making his Calculation, says, "He measured the Works that are already made at Ramsgate; and made his Calculation from the Prices that had been paid for those Works, as they were given in to him from the Trustees Books and Accompts."

Archibald Elliott was again called in, and asked, Whether the Prices given in by him to Sir Piercy Brett and Captain Desmaretz were taken from the Books and Accompts of the said Trustees;" and says, "They were."

Then Daniel Goatley, who has used the Sea Twenty Years, was sworn, and examined as to the Usefulness of a Harbour upon the said Plan; and says, "He thinks it will be a very safe and commodious Harbour, and does not apprehend any Danger from the Collection of Sullage."

Next, George Brook, a Pilot of Deal, was sworn, and examined as to the Utility of a Harbour upon the said Plan; and says, "He thinks it will be a very safe and convenient Harbour; that the Point of Entrance is properly placed; and that there will be very little Collection of Sullage; that the Harbour will be of great Use to large Ships in The Downs, from the Assistance they may receive from small Ships in the Harbour; and that all Winds which will carry Ships from The Downs down The Channel will bring Ships out of the Harbour."

Stephen Read, a Pilot of Ramsgate, was sworn, and examined also as to the Utility of a Harbour upon the said Plan; and says, "He thinks it will be a very good and useful Harbour; and does not apprehend there will be any Collection of Sullage, but what may be easily removed at a small Expense."

Then David Tolmie, who has been Master of a Ship 33 Years, was sworn, and examined as to the Utility of a Harbour upon the said Plan; says, "He thinks it will be a safe and useful Harbour; and mentions his losing a Ship and Cargo of .70,000 Value, at Broad Stairs near Ramsgate, which he should not have lost if there had then been such a Harbour at Ramsgate."

Then Mr. Bishop, the Second Counsel for the Bill, was heard, to observe upon the Evidence.

And Mr. Pratt having been heard, against the Bill, in Reply:

The Counsel were directed to withdraw.

Proposed, "To commit the Bill."

After Debate:

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

Ordered, That the House be put into a Committee on the said Bill, on Thursday next.

Adjourn.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Martis, 18o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Eliens.
Epus. Duresm.
Epus. Bath. & Wells.
Epus. Petriburg.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestrien.
Epus. Meneven.
Epus. Cicestrien.
Epus. Landaven.
Comes Granville, Prses.
Comes Gower, C. P. S.
Dux Rutland, Senescallus.
Dux Richmond.
Dux Bedford.
Dux Devonshire.
Dux Marlbrough.
Dux Argyll.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
Dux Dorset.
March. Rockingham.
Comes Warwick.
Comes Westmoreland.
Comes Winchilsea.
Comes Sandwich.
Comes Thanet.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plimouth.
Comes Rochford.
Comes Albemarle.
Comes Poulett.
Comes Cholmondeley.
Comes Findlater.
Comes Breadalbane.
Comes Aberdeen.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Bath.
Comes Leicester.
Comes Buckinghams.
Comes Fitzwilliam.
Comes Northumberland.
Comes Egremont.
Comes Temple.
Comes Harcourt.
Comes (fn. 3) Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Darlington.
Viscount Say & Sele.
Viscount Falmouth.
Viscount Folkestone.
Ds. Abergavenny.
Ds. Dacre.
Ds. Clifton.
Ds. Ward.
Ds. Berkeley Str.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Ravensworth.
Ds. Archer.

PRAYERS.

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

L. President.
D. Bedford.
D. Portland.
D. Dorset.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Poulett.
E. Findlater.
L. Bp. Durham.
L. Bp. Norwich.
L. Bp. Chester.
L. Bp. Gloucester.
L. Bp. Landaff.
L. Abergavenny.
L. Foley.
L. Bathurst.
L. Onslow.
L. Raymond.
L. Sandys.

And it being proposed, "To commit the Bill:"

After Debate:

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

Adjourn.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Mercurii, 19o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Duresm.
Epus. Elien.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Dux Rutland, Senescallus.
Dux Bedford.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Dorset.
Comes Lincoln.
Comes Warwick.
Comes Westmoreland.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Halifax.
Comes Bath.
Comes Buckingham.
Comes Fitzwilliam.
Comes Northumberland.
Comes Egremont.
Comes Cornwallis.
Comes Darlington.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

The Lord Chief Justice of the Court of King's Bench sat Speaker, by virtue of His Majesty's Commission.

Planting Trees on enclosed Commons, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing, by the mutual Consent of the Lord and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees," 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."

Message from H. C. to return Sheffield and Ecclerall Courts Bill.

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

To return the Bill, intituled, "An Act for regulating the Proceedings in Personal Actions in the Courts Baron of the Manors of Sheffield and Ecclesall, in the County of York;" and to acquaint this House, that they had agreed to their Lordships Amendments made thereto.

Persons who have omitted to qualify for Offices, indemnifying, Bill.

A Message was brought from the House of Commons, by Sir John Crosse and others:

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves, according to the Directions of several Acts of Parliament, within the Times limited by such Acts respectively; and for allowing further Time for that Purpose; and concerning the Admissions of Officers and Members of Cities, Corporations, and Borough Towns; and the filing Affidavits of Articles of Clerkship;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday next; and that the Lords be summoned.

To prevent stealing Lead and other Metal, Bill.

A Message was brought from the House of Commons, by Sir James Creed and others:

With a Bill, intituled, "An Act for more effectually discouraging and preventing the stealing, and the buying and receiving of stolen, Lead, Iron, Copper, Brass, Bell-metal, and Solder; and for more effectually bringing the Offenders to Justice;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petition of Owners of Houses, &c. in Wapping, for the Bill for re-building their Parish Church.

A Petition of several Owners of Houses, Lands, Tenements, and Hereditaments, within the Parish of Saint John of Wapping, in the County of Middlesex, whose Names are thereunto subscribed, on Behalf of themselves and the rest of the Owners of Premises within the said Parish, was presented, and read; setting forth, "That the Church of the said Parish is now greatly out of Repair; and alleging, that the same cannot be repaired, so as to be made wholesome, safe, and commodious, to assemble in;" and therefore praying, "That the Bill now depending before their Lordships, for re-building the said Parish Church, and enlarging the Church-yard, may pass into a Law."

Ordered, That the said Petition do lie on the Table.

Egleton Enclosure, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for dividing the Common Fields of Egleton, alias Edgeton, in the County of Rutland."

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

It was Resolved in the Affirmative.

Fisheries in Scotland, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for encouraging the Fisheries in that Part of Great Britain called 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 Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Burroughs and Mr. Edwards:

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

Infants to surrender Leases, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enable Infants, Lunaticks, and Femmes Covert, to surrender Leases, in order to renew the same.

After some Time, the House was resumed.

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

Sinking Fund, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty certain Sums out of the Sinking Fund; and applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Fifty-six;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Thornaugh's Bill, to take the Name of Hewett.

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

To return the Bill, intituled, "An Act to enable John Thornaugh Esquire, now called John Hewett, and his Descendants, to take and use the Surname of Hewett, pursuant to the Will of Sir Thomas Hewett Knight, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Wapping Church, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for rebuilding the Parish Church, and enlarging the Church-yard of Saint John of Wapping, in the County of Middlesex;" and for hearing Counsel for and against the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And Mr. Whitaker was heard, on Behalf of the Petitioners, against the Bill.

And producing a Copy of an Act of Parliament, of the 5th and 6th of King William and Queen Mary, for erecting a new Parish, to be called "The Parish of Saint John of Wapping," in order to shew that the Hamlet of Wapping, which was then Part of the Parish of Whitechapel, was made a Parish, and a Rate made upon the Inhabitants for repairing or re-building the said Church, at the Request of the said Inhabitants of the said Hamlet:

Robert Tudman was called in, and sworn; and proved the same to be a true Copy of the said Act, he having examined it with the Original in The Parliament Office.

And Part of the said Act was read.

Then Henry Keene, a Surveyor, who surveyed the said Church in January last, was produced; and, being sworn, was examined, as to the State and Condition of the said Church, and as to its being capable of being repaired, and as to the Method and Expense of repairing it so as to remedy the Dampness and make it fit for Divine Service; and says, "He thinks it may be repaired, so as to be fit for Use, and to last Forty or Fifty Years, for about Five Hundred Pounds."

Next, Mathew Fairless, a Builder and Surveyor, was produced, and sworn; and examined, as to the Condition of the said Church, and its being capable of being repaired; and says, "He thinks it may be repaired, so as to be made fit for Use."

William Robey, a Bricklayer, also sworn and examined in like Manner; and says, "He thinks it capable of being repaired."

He was examined also in relation to the Nature of Estates in the said Parish, and how let; and as to the Parochial Taxes and the Sewer Tax, and how paid.

Then Mr. Perrot was heard, in Support of the Bill:

And produced James Streere, a Surveyor; who was sworn, and examined; and gave an Account of his furveying the Church, in January last, at the Desire of the Parish, in order to see what Repairs could be made to it; "that he found it to be extremely out of Repair, the Foundation not being above Three Bricks thick, and in several Places excessively had and rotten; that the Floor of the Church is between Three and Four Feet lower than High-water Mark, and Five or Six Feet lower than the Ground in the Church-yard; that he pulled up some of the Pavement, and found Water within Twenty Inches of the Surface of the Floor;" and says, "He thinks no Repair that can be made to it will be effectual; that it will want Repair again in a few Years, and Money laid out in repairing it would be thrown away."

Next, Boulton Mainwaring Esquire, a Surveyor, was produced, and sworn; and being examined as to the State and Condition of the said Church, gave an Account of his surveying it in January last, at the Desire of the Parish; and, "That he found it so very defective, that he thinks it impossible for any Repair to be made to it, which can make it safe, wholesome, and convenient, for the Inhabitants to assemble in for Divine Worship; but that it is absolutely necessary it should be re-built."

He was examined also in relation to the Rates and Taxes in the said Parish; which he owns are high.

Then Mr. Jeremy Griffith, Curate of the said Parish, was sworn, and examined, as to the Unwholesomeness of the Church from the Dampness of it, and from the noxious and offensive Smell of the Bodies buried in the Church and Yard; and says, "That many Persons have made Excuses to him, for their not coming to Church, on that account, who he belives otherwise would have come."

Examined also as to the Church-yard being too small for the Parish, and as to the Number of Bodies buried there in a Year; and says, "The Church-yard is so small, that the Ground of it has been raised Five or Six Feet in some Places above the Floor of the Church, from the Burials; and that Three Hundred Bodies one Year with another are buried there."

Then Mr. Whitaker having been heard, for the Petitioners against the Bill, in Reply:

The Counsel were directed to withdraw.

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

L. Steward.
D. Bedford.
D. Portland.
E. Lincoln.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Marchmont.
E. Hyndford.
E. Oxford.
E. Halifax.
E. Fitzwilliam.
E. Cornwallis.
E. Darlington.
L. Bp. Durham.
L. Bp. Norwich.
L. Bp. Chester.
L. Bp. St. Davids.
L. Bp. Landaff.
L. Foley.
L. Raymond.
L. Talbot.
L. Sandys.

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

Adjourn.

Dudleius Ryder Miles, Capitalis Justiciarius Banci Regii, declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

DIE Jovis, 20o Maii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

Epus. Eliens.
Epus. Bath. & Wells.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Glocestr.
Epus. Meneven.
Epus. Landaven.
Comes Hardwicke, Cancellarius.
Dux Rutland, Senescallus.
Dux Argyll.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes (fn. 3) Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Poulett.
Comes Cholmondeley.
Comes Findlater.
Comes Aberdeen.
Comes Hyndford.
Comes Oxford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Bath.
Comes Leicester.
Comes Buckingham.
Comes Cornwallis.
Viscount Say & Sele.
Viscount Falmouth.
Ds. Wentworth.
Ds. Berkeley Str.
Ds. Foley.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.

PRAYERS.

Bridge at Blackfryars, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for building a Bridge cross the River Thames, from Blackfryars in the City of London, to the opposite Side in the County of Surry," 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."

Sinking Fund, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty certain Sums out of the Sinking Fund; and applying certain Monies remaining in the Exchequer for the Service of the Year One Thousand Seven Hundred and Fifty-six."

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Westminster Fish Market, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for explaining, amending, and making more effectual, an Act made in the Twenty-second Year of His present Majesty's Reign, intituled, "An Act for making a free Market for the Sale of Fish in the City of Westminster, and for preventing the Forestalling and Monopolizing of Fish; and for allowing the Sale of Fish under the Dimensions mentioned in a Clause contained in an Act of the First Year of His late Majesty's Reign, in case the same are taken with a Hook."

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

It was Resolved in the Affirmative.

Planting Trees on enclosed Commons, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing, by the mutual Consent of the Lord and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees."

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

It was Resolved in the Affirmative.

Infants, &c. to surrender Leases, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Infants, Lunaticks, and Femmes Covert, to surrender Leases, in order to renew the same."

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 prereding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Holford and Mr. Harris:

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

To prevent stealing Lead, and other Metal, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually discouraging and preventing the stealing, and the buying and receiving of stolen, Lead, Iron, Copper, Brass, Bell-metal, and Solder; and for more effectually bringing the Offenders to Justice."

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Pet. of Trustees of Ramsgate Harbour, to postpone the passing of Ramsgate. Harbour Bill.

A Petition of the Trustees for Ramsgate Harbour, whose Names are thereunto subscribed, being a Committee, appointed at a general Board of the said Trustees, for managing and conducting the Application to Parliament against the Bill now depending, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate," was presented, and read; setting forth, "That the late Application to their Lordships, from the said Board of Trustees, against the said Bill, arose from a Conviction of the Impracticability of carrying on the Works, so as to finish the said Harbour upon the Plan directed to be pursued by the said Bill; of the Impossibility of raising a Sum of Money sufficient for that Purpose, under the former Act of Parliament; and likewise of the great Improbability of obtaining a good Harbour at Ramsgate, even if a sufficient Fund could be raised, and the Works finished;" and alleging, "That, since the Application to Parliament the last Session, no Works whatever have been carried on; and that the Petitioners can take upon them to assure their Lordships, that the Trustees have no Intentions to proceed on any Plan which has hitherto been devised or begun; and that no further Works of any Kind shall be carried on until the Sense of Parliament is further known;" and therefore praying, "That the passing of the said Bill may be postponed."

Ordered, That the said Petition do lie on the Table.

Ramsgate Harbour, Bill, Consideration deferred.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for making a more safe and commodious Harbour at Ramsgate:"

It was moved, "That the House be put into a Committee on the said Bill, on this Day Three Weeks."

Which being objected to:

After Debate;

The Question was put, upon the said Motion.

It was Resolved in the Affirmative.

Ordered, That the House be put into a Committee on the said Bill, on this Day Three Weeks.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum primum diem instantis Maii, hora undecima Auror, Dominis sic decernentibus.

Footnotes

  • 1. Origin. Chanet.
  • 2. Sic.
  • 3. Origin. Carlilse.