House of Lords Journal Volume 22: May 1726, 11-20

May 1726, 11-20

DIE Mercurii, 11^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Campbell's Bill.

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

With a Bill, intituled, "An Act for vesting in His Majesty an Imposition of Two Pennies Scots upon all Ale and Beer brewed and sold in the City of Glasgow, and Privileges thereof, for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot there;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return Sir J. Lumley's Bill.

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

To return the Bill, intituled, "An Act to repeal an Act made in the Sixth Year of the Reign of His present Majesty King George, intituled, "An Act to enable Sir James Lumley Baronet to settle a competent Jointure, and for other Purposes therein mentioned;" and also to vest the several Estates of the said Sir James Lumley, herein mentioned, in Trustees, to be sold, for Payment of the Debts and Legacies of Sir Martin Lumley Baronet, his late Father, deceased, and the said Sir James Lumley's own Debts;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

Edgworth's Pet. considered.

The Order of the Day being read, for taking into further Consideration the Petition of Robert Edgeworth Esquire, Respondent to the Appeal of Edward Edgeworth Esquire; and for hearing One Counsel of a Side, touching the Matters contained in the said Petition:

Thereupon a Petition of the said Edward Edgeworth was offered to the House; expressing an Agreement touching the Matters prayed in the said Petition of Robert Edgeworth.

But the Petition not being thought proper to be read; and no Counsel attending:

The said Edward Edgeworth and the said Robert Edgeworth's Two Agents were called in.

And the said Edward being asked concerning the Writings ordered by this House the Eleventh of February last to be transmitted to the Court of Chancery in Ireland; he owned, "They were still in his Custody."

And then he being directed to fetch them immediately:

They withdrew.

Message from H. C. to return L. Clinton's Bill.

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

To return the Bill, intituled, "An Act for discharging the Barton and Lands of and in Catch French, in the County of Cornwal, from the Uses and Limitations contained in the Will of Hugh Fortescue Esquire; and for settling the Barton and Demesne of Townhouse, and other Lands in the County of Devon, of greater Value, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Frauds in Gold and Silver Wares, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better preventing Frauds and Abuses in the manufacturing of Gold and Silver Wares."

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

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Trials by Nisi prius, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better regulating Trials by Nisi Prius, in the County of Middlesex."

After some Time spent therein, the House was resumed.

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

The said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

M^cGuire's Pet. to receive Appeal.

Upon reading the Petition of Richard M^cGuire of Dublin Banker; praying, "That his Appeal from a Decree and Order of the Court of Exchequer in Ireland may be received; or that the Pleadings and Proceedings in the Cause may be lodged with the Clerk, in regard the Agent who brought the same over is obliged to return to Ireland; and the Petitioner cannot, without great Expence, bring him here again:"

M^cGuire versus Tabors:

Thereupon, a Petition and Appeal of the said Richard M^cGuire, was presented to the House, and read; complaining of a Decree of the Court of Exchequer in Ireland, of the Twenty-fourth of June last; and an Order of the said Court, of the Twenty-sixth of the same Month, in a Cause, wherein Abraham Tabois was Plaintiff, and the Petitioner Defendant; and praying, "That the same may be reversed:"

It is Ordered, That the receiving the said Appeal shall not stay or hinder any Proceeding of the said Court of Exchequer, as though the same had not been presented.

Pleadings proved.

The House being informed, "That one John Bland attended, with the abovementioned Pleadings and Proceedings in the said Cause:"

He was called in; and, being sworn, delivered the same in at the Bar; and attested, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

Ellison versus Stewart: Pleadings proved.

The said John Bland likewise delivered in several Pleadings and Proceedings in the Cause wherein Nathan Ellison is Appellant and William Stewart Respondent; and attested, upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices."

And then he withdrew.

Magistrates of Glasgow against Campbell's Bill.

Upon reading the Petition of the Magistrates and Town Council of the City of Glasgow, in North Britain; praying to be heard, by their Counsel, before the City of Glasgow be made liable, or the Duty of Two Pennies Scots be made applicable, by any new Law, to other Purposes than the same was formerly granted and continued to the Corporation:

It is Ordered, That the said Petition do lie on the Table till the Bill for satisfying the Damages and Losses which Mr. Campbell lately suffered in a Riot at Glasgow be read a Second Time.

Messages from H. C. with a Bill; and to return Sir R. Grosvenor's Bill; and Lady Tipping's Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for making Leases of divers Lands and Grounds in the County of Middlesex, the Estate of Dame Mary Grosvenor, a Lunatic, during her Life;" 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 Sir John Rushout and others:

To return the Bill, intituled, "An Act for vesting certain Manors and Lands, in the Counties of Oxon and Bucks, in Dame Anne Tipping and her Heirs; and certain Manors and Lands, in the County of Devon, in Dame Mary Tipping and her Heirs; and for other Purposes in the said Act mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Bribery in Elections to prevent, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

Ordered, That the said Bill be read a Second Time on this Day Sevennight; and the Lords to be summoned.

Fulham Bridge Bill.

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

With a Bill, intituled, "An Act for building a Bridge cross the River of Thames, from the Town of Fulham, in the County of Middlesex, to the Town of Putney, in the County of Surrey;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ellison versus Stewart.

The House was informed, "That a Person attended at the Door; and desired Liberty to deliver in certain Papers, in relation to the Clause wherein Nathan Ellison is Appellant, and William Stewart Respondent."

And thereupon Daniel Duggan was called in.

And delivered in Two Papers, at the Bar; and, being sworn, attested, "He saw the proper Officers sign the same, or acknowledge their so doing."

And then he withdrew.

Edgeworth versus Edgeworth.

The House being informed, "That Edward Edgeworth Esquire, lately directed to go and fetch certain Writings which he acknowledged to be in his Custody, was attending:"

He was called in; as were also the Two Agents of his Father Robert Edgeworth.

And the said Edward delivered in, at the Bar, the Writings he had brought.

And thereupon the Order of this House, of the Seventeenth of May 1721, requiring the Court of Exchequer in Ireland to deliver to the said Edward Edgeworth several Deeds, Papers, or Writings, desired by his Petition then presented, was read; as also the Judgement of this House, of the Twenty-sixth of June following, on hearing the Appeal of the said Edward, to which the said Robert his Father was Respondent.

And likewise the Judgement of this House, of the Eleventh of February last, upon hearing the Appeal of the same Edward Edgeworth, to which Mead Swift Gentleman was Respondent, being read:

The said Edward was asked, "Why he delayed performing the Direction given in the said last Judgement, requiring him to transmit certain Writings therein mentioned to the Court of Chancery in Ireland?"

Whereupon he mentioned some Difficulties he met with, in his Endeavours to procure a fit Person who would undertake to carry the said Writings; but had now agreed with his Father's Agents to carry them; so that there would be no further Delay.

They are all directed to withdraw.

And the Two Agents of the said Robert Edgeworth were separately called in; and examined, at the Bar, touching any or what Agreement they had made with Edward Edgeworth, for transmitting the said Writings.

And then Mr. Edward Edgeworth was again called in; and examined alone, upon Oath, in relation to the Writings by him now delivered.

And then he was directed to withdraw.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Merest the Clerk Assistant do, by a safe Hand, transmit to the Court of Chancery in Ireland the Writings now delivered in by the said Edward Edgeworth, together with an authentic Copy of the Judgement of this House aforementioned, of the Eleventh of February last; and that the said Court, after the Trial thereby directed shall be had, do transmit the said Writings to the Court of Exchequer in Ireland, for that Court to do with them as shall be just.

Then it being proposed, "That the said Edward Edgeworth should give Security to appear in the Two Courts in Ireland abovementioned, the Beginning of the next Term:"

He was called in; and heard, touching the said Proposition.

And being withdrawn;

The following Order was made:

"Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Edgeworth do enter into a Recognizance to His Majesty, in the Penal Sum of One Thousand Pounds, for his Personal Appearance in the said Courts of Chancery and Exchequer in Ireland respectively, the First Day of Trinity Term next ensuing, or within Eight Days then next following; and abide such Order or Orders as each of those Courts shall make; and also deliver back into the said Court of Exchequer all the Deeds and Writings which he received out of the said Court by Order of this House, and which are not now by him delivered into this House."

And a Recognizance being prepared accordingly:

He was again called in.

And having entered into the same, at the Bar; he withdrew.

Adjourn.

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

DIE Jovis, 12^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fulham Bridge Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for building a Bridge cross the River of Thames, from the Town of Fulham, in the County of Middlesex, to the Town of Putney, in the County of Surrey."

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

Rights of Executors, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to declare and settle the Rights and Interests of Executors to the Estates of Testators."

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

Campbell's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in His Majesty an Imposition of Two Pennies Scots upon all Ale and Beer brewed and sold in the City of Glasgow and Privileges thereof, for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot there."

Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next; and that the Petition of the Magistrates and Town Council of the City of Glasgow, which was Yesterday ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee; and that the Petitioners be at Liberty to be there heard, by their Counsel, if they think fit.

Message to H. C. for Members to attend about it.

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

To desire that they will give Leave that George Wade Esquire, Sir James Campbell Baronet, Sir John Schaw Baronet, Major William Erskine, Duncan Forbes Esquire, and Henry Cuningham Esquire, Members of that House, may attend this House, in order to be examined, as Witnesses upon the Bill for vesting in His Majesty an Imposition of Two Pennies Scots upon all the Ale and Beer brewed and sold in the City of Glasgow, and Privileges thereof, for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot there.

L. St. John's Pet. against Fulham Bridge Bill.

Upon reading the Petition of Henry Lord Viscount St. John; praying, "That Provision may be made, in the Bill for building a Bridge cross The Thames, from Fulham to Putney, for giving him such Recompence and Relief as the House shall think fit, with respect to the Injury in his Property in Battersea Ferry:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Committee of the whole House to whom the said Bill stands committed.

Colclough's Bill:

After reading, and considering, the Report of the Judges to whom the Bill, intituled, "An Act for vesting certain Lands and Hereditaments in the Kingdom of Ireland (the Estate of Cæsar Coldough Esquire) in Trustees, to be sold or mortgaged, for raising Money to discharge Incumbrances affecting the same, and for other Purposes therein mentioned," was referred.

The said Bill was read the Second Time.

His Majesty's Consent signified:

The Duke of Newcastle (by His Majesty's Command) acquainted the House, "That His Majesty had been informed of the Contents of the said Bill; and consented to the passing thereof, so far as the Interest of the Crown was concerned."

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

Their Lordships, or any Five of them; to meet on Friday the Twenty-seventh Day of this Instant May, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Motion for shortening the Committee.

The House being moved, "In regard of the near Conclusion of this Session of Parliament, that the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as the Lords Committees abovenamed may have Leave to meet on the Bill to them committed on a shorter Day."

It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.

Vexatious Arrests, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent frivolous and vexatious Arrests."

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

And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto; which they had directed him to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received on Monday Morning next.

Combinations of Workmen in the Woollen Manufactures, Bill.

A Message was brought from the House of Commons, by Sir William Yonge and others:

With a Bill, intituled, "An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for the better Payment of their Wages;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Messages from H. C. to return the Suitors in Chancery, Bill.

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

To return the Bill, intituled, "An Act for better securing the Monies and Effects of the Suitors of the Court of Chancery;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Sir J. Lumley's Bill:

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act to repeal an Act made in the Sixth Year of the Reign of His present Majesty King George, intituled, "An Act to enable Sir Jemes Lumley Baronet to settle a competent Jointure, and for other Purposes therein mentioned;" and also to vest the several Estates of the said Sir James Lumley, herein mentioned, in Trustees, to be sold, for Payment of the Debts and Legacies of Sir Martin Lumley Baronet, his late Father, deceased, and the said Sir James Lumley's own Debts."

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

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

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

Black Act to continue, Bill.

Whereas Tuesday last was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to continue an Act made in the Ninth Year of His Majesty's Reign, (intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice;) and for making the said Act more effectual:"

It is Ordered, That the House be put into the said Committee on Saturday next.

Commons give Leave for their Members to attend, about Campbell's Bill.

The Messengers sent this Day to the House of Commons, to desire they will give Leave that some of their Members may attend this House, in order to be examined, as Witnesses, in relation to the Bill for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot at Glasgow, return Answer:

"That they do give Leave that such of their Members may attend this House, as desired, if they think fit."

Adjourn.

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

DIE Veneris, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Duties on Snuff, Bill.

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

With a Bill, intituled, "An Act for repealing the Duty laid upon Snuff, by an Act made in the Eighth Year of Her late Majesty's Reign; and for ascertaining the Rates according to which the remaining Duties are to be paid; and for giving further Encouragement to the Greenland Fishery;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Lord Mayor, &c. against Fulham Bridge Bill.

Upon reading the Petition of the Lord Mayor, Aldermen, and Commons, of the City of London, in Common Council assembled; setting forth, "That the Petitioners apprehend, that if the Bill for building a Bridge cross the River of Thames, from Fulham to Putney, should pass, it will be very prejudicial to the Navigation of the said River, and to the Trade, Rights, and Franchises, of the said City;" and praying, "That they may be heard, by their Counsel or otherwise, before the passing thereof, in such Manner as the House shall think fit:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Committee of the whole House to whom the said Bill stands committed; and that the House be put into a Committee thereupon To-morrow; and that the Petitioners be at Liberty to be then heard, by their Counsel, in relation to the Matters contained in the said Petition, if they think fit.

Reynell's Pet. dismissed; and Mr. Cower at Liberty to defend the Matter in the Courts below.

Counsel (according to Order) were called in, to be heard, upon the Petition of William Cowper Esquire Clerk of the Parliaments, desiring the Consideration of the House, touching certain Proceedings of Charles Reynell, in the Court of Exchequer, against the Petitioner, concerning the Office of Clerk Assistant in this House; as also upon the Petition of the said Reynell, in relation to the Matter of Mr. Cowper's Petition, and other Matters.

And the said Petitions being read, the Counsel on both Sides were heard thereupon.

And Mr. Dowse and Mr. Griffin, the Agents for the Petitioners, were severally examined, upon Oath, touching the Allegations of the said Petitions.

And being withdrawn:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition of the said Charles Reynell be, and is hereby, dismissed this House; and that the said Mr. Cowper is at Liberty to make his Defence to any Action or Suit of the said Charles Reynell, touching the Matter in Question, at Law or in Equity, as he shall be advised.

Rights of Executors, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to declare and settle the Rights and Interests of Executors to the Estates of Testators:"

It is Ordered, That the House be put into a Committee thereupon To-morrow.

Colelough's Committee shortened.

Then the House proceeded (according to Order) to take into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, in relation to the Commitment of Private Bills, so far as that the Committee to whom Mr. Colclough's Bill stands committed, may have Leave to meet on a shorter Day than directed by the said Standing Order.

And, after Consideration thereof, it is Ordered, That the said Standing Order be so far dispensed with, as that the said Committee may meet, to proceed on the said Bill, upon Monday next.

Workers in Gold and Silver, &c. against Clauses in the Bill.

Upon reading the Petition of Arthur Dicken, Lewis Cuny, Paul de Lamerie, and others, for and on Behalf of themselves and many Hundred others Workers and Dealers in Gold and Silver Wares within the City of London and Liberty of Westminster; praying, "That they may be heard, by their Counsel, before the Lords Committees to whom the Bill, intituled, "An Act for the better preventing Frauds and Abuses in the manufacturing of Gold and Silver Wares," stands committed, against such Clauses of the said Bill as the Petitioners apprehend themselves to be aggrieved by:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners be at Liberty to be there heard, by their Counsel, according to the Prayer of the said Petition; and that Counsel be likewise heard for the said Bill, if they think fit.

Adjourn.

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

DIE Sabbati, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Snuff Duties to ascertain, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing the Duty laid upon Snuff, by an Act made in the Eighth Year of Her late Majesty's Reign; and for ascertaining the Rates according to which the remaining Duties are to be paid; and for giving further Encouragement to the Greenland Fishery."

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

City of London decline being heard against the Fulham Bridge Bill.

The House was informed, "That the City of London were sensible of the Indulgence granted by their Lordships, in allowing them Liberty to be heard, upon their Petition, touching the Bill for building a Bridge cross The Thames from Fulham to Putney; but, their most material Witnesses being at a great Distance, they therefore would rely on the Wisdom and Justice of the House, and decline giving their Lordships any Trouble in relation to the said Bill."

Combination of Workmen in Woollen Manufactures, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent unlawful Combinations of Workmen em ployed in the Woollen Manufactures; and for the better Payment of their Wages."

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

Dames versus Dames:

The House was informed, "That a Person attended at the Door, and desired Liberty to deliver in, upon Oath, certain Papers and Proceedings, in a Cause wherein John Dames is Appellant, and Elizabeth Dames Widow is Respondent."

Pleadings proved.

And thereupon John Roberts was called in; and, being sworn, delivered in, at the Bar, the said Papers and Proceedings; and attested "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he withdrew.

Black Act to continue, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to continue an Act made in the Ninth Year of His Majesty's Reign, (intituled, "An Act for the more effectual punishing wicked and evildisposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice;") and for making the said Act more effectual."

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

And the Lord Bishop of Norwich reported from the said Committee, "That they had gone through the said Bill, and made Two Amendments thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the Amendments made by the Committee to the said Bill.

Which, being read Twice by the Clerk, were agreed to by the House; and are as follow; (videlicet,)

"1st Pr. L. 24. Leave out from the Word ["Parliament"], to the End of the Bill."

"In the Title of the Bill, leave out from the Word ["Justice"], in the Tenth Line, to the End of the Title."

Rights of Executors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to declare and settle the Rights and Interests of Executors to the Estates of Testators."

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

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

Ordered, That the said Bill be engrossed.

Fulham Bridge Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for building a Bridge cross the River of Thames, from the Town of Fulham, in the County of Middlesex, to the Town of Putney, in the County of Surrey."

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

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

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

Die Lunæ, 20^o Martii, 1726, hitherto examined by us,

Jo. Carliol.
Jo. Norwich.
De Lawarr.

DIE Lunæ, 16^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Vexatious Arrests, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act to prevent srivolous and vexatious Arrests," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were severally agreed to by the House, and are as follow; (videlicet,)

"Pr. 1. L. 10. After ["Bail"], insert ["upon any Process issuing out of any Superior Court"].

"L. 12. After ["upwards"], insert ["nor out of any Inferior Court, where the Cause of Action shall not amount to the Sum of Forty Shillings or upwards"].

"L. 15. After ["upwards"], insert ["in any such Superior Court, or to Forty Shillings or upwards in any such Inferior Court"].

"L. 17. After ["Arrest"], insert ["or cause to be arrested"].

"L. 19. After ["personally"], insert ["within the Jurisdiction of the Court"].

"Lines 25 & 26. Leave out ["on making and filing an"], and insert ["upon"].

"L. 26. After ["Affidavit"], insert ["being made and filed in the proper Court."].

"L. 39. After ["Ten Pounds"], insert ["or Forty Shillings"]; in the same Line, after ["upwards"], insert ["as aforesaid"].

"Pr. 2. L. 13. Leave out ["or"], and insert ["and"].

"L. 19. After ["Pounds"], insert ["or Forty Shillings"]; and in the same Line leave out from ["upwards"] to ["Provided"], in the 36th Line of the same Press; and insert ["as aforesaid"]; and add Clauses marked (A), (B), and (C).

"(A). And whereas the Statute made in the Twentyfirst Year of the Reign of King James the First, for the more effectual preventing the Delays and Expence occasioned by the Removal of small Causes out of Inferior Courts, has been of late evaded and rendered ineffectual, by the Contrivance of vexatious Defendants, who, by setting up a fictitious Action against themselves, for a pretended Demand of Five Pounds or upwards, by such their Contrivance, procure the smallest Actions to be removed, by Writs of Habeas Corpus, out of the Inferior into the Superior Courts; whereby the Plaintiffs in such small Actions, which will not bear the Expence of such Superior Courts, are necessitated to submit to the Loss of their just Demands: Now, for the preventing such Abuses, and rendering the said Statute more effectual for the future, be it Enacted, by the Authority aforesaid, That from and, after the said Four and Twentieth Day of June, the Judge or Judges of such Inferior Courts as are described in the said Statute, shall or may proceed in such Actions, Bills, Plaints, Suits, or Causes, as are therein specified, which appear or are laid not to exceed the Sum of Five Pounds, although there may be other Actions against such Defendant or Defendants, wherein the Plaintiff or Plaintiffs Demands shall or may exceed the said Sum of Five Pounds."

"(B). And for avoiding the great Mischiefs and Abuses which arise from infamous and wicked Persons, already convicted of wilful Perjury or Forgery, practising as Attornies or Solicitors in Courts of Law and Equity, be it Enacted, That any Person, who hath been, or who shall be, convicted of Forgery, or of wilful and corrupt Perjury, or Subornation of Perjury, or common Barretry, shall, after the said Four and Twentieth Day of June, act or practise as an Attorney, or Solicitor, or Agent, in any Suit or Action, brought, or to be brought, in any Court, of Law or Equity within that Part of Great Britain called England, the Judge or Judges of the Court where such Suit or Action is, or shall be, brought, shall, upon Complaint or Information thereof, examine the Matter in a summary Way, in open Court; and if it shall appear to the Satisfaction of such Judge or Judges, that the Person complained of, or against whom such Information shall be given, hath offended, contrary to this Act, such Judge or Judges shall cause such Offender to be transported for Seven Years to some or One of His Majesty's Colonies or Plantations in America, by such Ways, Means, and Methods, and in such Manner, and under such Pains and Penalties, as Felons in other Cases are by Law to be transported."

"(C). Provided also, That this Act, or any Thing herein contained, shall not extend to that Part of Great Britain called Scotland."

"L. 37. Leave out ["always"], and insert ["also."]

Ordered, That the said Bill be read the Third Time To-morrow.

Campbell's Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for vesting in His Majesty an Imposition of Two Pennies Scots upon all Ale and Beer brewed and sold in the City of Glasgow and Privileges thereof, for satisfying the Damages and Losses which Daniel Campbell Esquire lately suffered in a Riot there."

After some Time spent therein, the House was resumed.

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

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

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

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

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

Pantoun's Pet. touching Costs.

Upon reading the Petition of Robert Pantoune Merchant, Respondent to the Appeal of Sir Alexander Cuming Baronet, lately depending in this House; setting forth, "That, upon hearing the said Appeal, their Lordships were pleased to dismiss the same, and order the said Sir Alexander to pay the Petitioner Fifty Pounds for his Costs in respect thereof, who accordingly caused the said Sir Alexander to be served with a Copy of the said Order; but he refuses to pay the said Costs;" and praying, "That this House will grant the Petitioner such Relief as to their Lordships shall seem meet:"

And thereupon George Pantoune was called in; and examined, upon Oath, touching the Allegations of the said Petition.

And acknowledging he had no Letter of Attorney, or other Power from the Petitioner, for demanding the said Money:

And being withdrawn:

It is Ordered, That the said Petition be rejected.

Colclough's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands and Hereditaments in the Kingdom of Ireland (the Estate of Cæsar Colelough Esquire) in Trustees, to be sold or mortgaged, for raising Money, to discharge Incumbrances affecting the same; and for other Purposes therein mentioned," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."

Duties on Snuff to ascertain, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing the Duty laid upon Snuff, by an Act made in the Eighth Year of Her late Majesty's Reign; and for ascertaining the Rates according to which the remaining Duties are to be paid; and for giving further Encouragement to the Greenland Fishery."

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

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

Clockmakers against Gold and Silver Wares, Bill:

Upon reading the Petition of the Master, Wardens, and Assistants, of the Clock-makers Company; praying, That they may be heard, by their Counsel, before the Lords Committees to whom the Bill, intituled, "An Act for the better preventing Frauds and Abuses in the manufacturing of Gold and Silver Wares," stands committed, against such Clauses in the said Bill as the Petitioners apprehend themselves to be aggrieved by:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom the said Bill stands committed; and that the Petitioners be at Liberty to be heard, by their Counsel, according to the Prayer of the said Petition.

Wilkins & al, to attend about it.

Ordered, That Mr. Wilkins, Mr. White, Mr. Drury, Mr. Elliott, Mr. Sparkeman, Mr. Dicken, Mr. Wildby, Mr. Gerrard, Mr. Deards, Mr. Dubeck, Mr. Horne, Mr. Traillion, and Mr. Thompson, do attend this House To-morrow, in order to be examined, as Witnesses, before the Lords Committees to whom the abovementioned Bill stands committed; and that the Clerk be empowered to issue Orders for such other Witnesses to attend as shall be desired.

Combinations of Workmen in the Woollen Manufactures Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures, and for the better Payment of their Wages:"

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

Adjourn.

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

DIE Martis, 17^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills; and to return Sidney's Bill.

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

With a Bill, intituled, "An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties;" to which they desire the Concurrence of this House.

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

With a Bill, intituled, "An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for Sale of several Lands, in the County of Suffolk, the Estate of the Honourable Thomas Sidney Esquire and Mary his Wife; and for purchasing several Lands, in the County of Norfolk, of as great or greater Value; and settling the said Lands in Norfolk to the same Uses as the said Lands in Suffolk now stand limited;" and to acquaint this House, that they have agreed to the said Bill, with some Amendments, whereunto they desire their Lordships Concurrence.

Then the said Amendments, being read Thrice by the Clerk, were agreed to by this House.

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

Vexations Arrests, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent frivolous and vexatious Arrests."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To carry down the said Bill; and acquaint them, that this House hath agreed to the same, with several Amendments, whereunto their Lordships desire their Concurrence.

Hampden's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown."

Combinations of Workmen, in the Woollen Manufactures, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent unlawful Combinations of Workmen employed in the Woollen Manufactures; and for the better Payment of their Wages."

After some Time spent therein, the House was resumed.

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

Improvement of the Customs, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties."

Colclough's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments in the Kingdom of Ireland (the Estate of Cæsar Colclough Esquire) in Trustees, to be sold or mortgaged, for raising Money, to discharge Incumbrances affecting the same; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Snuff Duties to ascertain, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing the Duty laid upon Snuff, by an Act made in the Eighth Year of Her late Majesty's Reign; and for ascertaining the Rates according to which the remaining Duties are to be paid; and for giving further Encouragement to the Greenland Fishery."

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Mercurii, 18^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt

PRAYERS.

Hampden's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown."

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

King's Message in the Votes of H. C. further considered.

The Order of the Day being read, for taking into further Consideration that Part of the printed Votes of the House of Commons, of the Twenty-fourth of March 1725, purporting to be a Message to that House from His Majesty, under His Royal Sign Manual.

And the same being read by the Clerk:

After Debate;

Consideration deferred.

It is Ordered, That the further Consideration of that Part of the said printed Votes be adjourned to this Day Fortnight.

Motion for an Address, concerning the Advice of the Commons being asked, and not of the Lords.

The House being moved, "That an humble Address be presented to His Majesty, representing the fatal Consequences which must happen to this Kingdom, when any Advice shall be given to the Crown, whereby the Counsel and Assistance of this House shall not be asked, at the same Time that the Counsel and Assistance of the House of Commons shall be asked, in Matters which concern the Peace and Safety of this Kingdom; and most earnestly to beseech His Majesty, that He will for the future discourage all such Counsels as shall tend in so unwarrantable and dangerous a Manner to the Destruction of the Rights of this House."

After Debate;

The Question was put, "Whether such an Address shall be presented to His Majesty?"

It was Resolved in the Negative.

Protest against it.

"Dissentient.

"Montjoy.
Lechmere."

Bribery in Elections, to prevent, Bill;

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual preventing Bribery and Corruption in the Elections of Members to serve in Parliament."

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

Motion for going into a Committee upon it, Tomorrow.

And it being proposed, "That the House be put into a Committee on the said Bill To-morrow:"

The same was objected to.

After Debate;

The Question was put, "Whether the House shall be put into a Committee upon the said Bill To-morrow?"

It passed in the Negative.

Protest against it.

"Dissentient.

"Warrington.
Montjoy.
Foley.
Lechmere.
Gower.
Bathurst."

Ordered, That the House be put into a Committee upon the said Bill, To-morrow Sevennight; and the Lords to be summoned.

Improvement of the Customs, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties."

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

Adjourn.

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

DIE Veneris, 20^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. with Bills: and to return the one for continuing the Black Act.

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

With a Bill, intituled, "An Act for the Sale of such of the forfeited Estates, in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined; and for continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen, and the First Day of December One Thousand Seven Hundred and Twenty;" to which they desire the Concurrence of this House.

A Message was brought from the House of Commons, by Sir George Oxenden and others:

With a Bill, intituled, "An Act for Relief of the Suitors of the High Court of Chancery;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to continue an Act made in the Ninth Year of His Majesty's Reign (intituled, "An Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects; and for the more speedy bringing the Offenders to Justice;") and for making the said Act more effectual;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Hampden's Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for vesting the Real and Personal Estates of Richard Hampden Esquire in Trustees, for making some Provision for his Wife and Family; and for better securing the Debt due from him to the Crown."

After some Time spent therein, the House was resumed.

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

Improvement of the Customs, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Improvement of His Majesty's Revenues of Customs, Excise, and Inland Duties."

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

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

Suitors in Chancery, for Relief of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Relief of the Suitors of the High Court of Chancery."

Sale of forfeited Estates in Scotland, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of such of the forfeited Estates in that Part of Great Britain called Scotland, as remain unsold, and are vested in the Crown; and for determining such Claims on the said Estates as, having been duly entered, remain undetermined; and for continuing the Provision formerly made, against requiring Special Bail, in Actions or Suits upon Contracts for Stock or Subscriptions, between the First Day of December One Thousand Seven Hundred and Nineteen, and the First Day of December One Thousand Seven Hundred and Twenty."

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Adjourn.

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