House of Lords Journal Volume 23: March 1730, 21-30

March 1729, 21-30

DIE Sabbati, 21^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Vernon versus Maple.

The Answer of William Maple Gentleman, to the Appeal of John Vernon Esquire, was brought in.

Dutch West India Company for a Byeday to hear Henriques Writ of Error.

Upon reading the Petition of the Dutch West India Company, Defendants in a Writ of Error depending in this House, wherein Jacob Lopes Henriques and others are Plaintiffs; praying, "In regard the Petitioners apprehend the said Writ of Error is brought purely for Delay, that a Bye-day may be appointed, for hearing the same:"

It is Ordered, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Saturday the Eighteenth Day of April next, at Eleven a Clock.

Against lending Money to Foreign Princes, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable His Majesty to prohibit any Person or Persons, His Majesty's Subjects, or residing within this Kingdom, to advance or lend any Sum or Sums of Money to any Foreign Prince, State, or Potentate, without Licence obtained from His Majesty under His Privy Seal, or some greater Authority."

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

Shrewsbury Roads to repair, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, between Crackley-Bank, in the Parish of Idsall, alias Shifnall, and the Town of Shrewsbury, in the County of Salop."

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

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

Well's Nat. Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Nicholas Lewis Well," was committed: That they had considered the said Bill, as also the Petition to them referred; and had gone through the Bill, and made several Amendments thereunto."

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

Convention between Great Britain and the Landgrave of Hesse Cassel delivered.

The Lord Viscount Townshend (by His Majesty's Command), pursuant to their Lordships Address of Thursday last, presented to the House,

A Copy of a Convention between His late Majesty and the Landgrave of Hesse Cassel, dat. 12th March 1725/6;" and Translation.

Also, "Copy of a Convention between Great Britain, The States General, and the Landgrave of Hesse Cassel, 13th February 1701/2;" and Translation.

And the Titles thereof were read, by the Clerk.

Daly's Pet. referred to a Committee.

The Order being read, for taking into Consideration the Petition of Laughlin Daly Gentleman, Respondent to the Appeal of John. Eyre Esquire, presented to this House on Wednesday last; praying, "That the said Appellant, or Mr. Collier his Agent, may be ordered to pay the Petitioner his Costs, on Account of former Appeals, by a certain Time; or else, that this his Third Appeal may stand absolutely dismissed;" and for the Attendance of Mr. Collier, Mr. Sexton, Mr. Duane, and Mr. Lahy, named in the said Petition:

And they, attending accordingly, were called in.

And the said Mr. Collier being heard, relating to the Transactions mentioned in the said Petition:

They were all directed to withdraw.

And being withdrawn:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees aforenamed:

Their Lordships, or any Five of them; to meet at the same Place, on Tuesday Morning next; and that the several Persons ordered to attend the House this Day do then attend the said Committee.

Persons who have Pensions, to disable from sitting in H. C. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual the Laws in being, for disabling Persons from being chosen Members of, or sitting or voting in, the House of Commons, who have any Pension during Pleasure, or for any Number of Years, or any Offices holden in Trust for them, by obliging all Persons hereafter to be chosen to serve for the Commons in Parliament to take the Oath therein mentioned."

Proposed, "To commit the Bill."

After long Debate thereupon;

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Negative.

Protest against not committing it:

"Dissentient.

"1st, Because all Objections against particular Clauses or Expressions in the Bill would have been regularly the Subjects of Debate in a Committee; and might have been there removed, if it should have appeared necessary, by making such Amendments to the Bill as the Wisdom of the House should have thought proper.

2dly, Because we conceive the general Design of this Bill to be highly reasonable, and of the greatest Importance to the Constitution of Parliaments; and are therefore extremely concerned it should not receive even the Countenance of a Commitment, when the House of Commons, who alone would have been immediately affected by it, had passed it, as we apprehend, with so much Regard to their Country, and so much Honour to themselves.

3dly, Because this Bill does, in Effect, enact nothing new; since it only enforces the Observation, and prevents the Evasions, of former Laws, which were judged necessary for the public Good by so many Parliaments; and which we do not apprehend that our Experience since has given us Reason to look upon as less necessary for the same Purposes at this Time. By One of these Laws, no Person who has a Pension from the Crown during Pleasure can sit in the House of Commons: But the Effect of this Law was, or might have been, evaded in great Measure, by Grants of Pensions for certain Terms of Years; whereof we presume that Examples have not been wanting. To remedy or prevent this Abuse, it was enacted, by another Law, That no Person who enjoys a Pension from the Crown for any Number of Years shall sit in the House of Commons, under certain Penalties therein mentioned: But the Effect of this Law likewise is, or may be, entirely evaded several Ways; it is, or may be, evaded by giving occasional Gratuities, or making Annual Presents, which will not be construed to fall under the Denomination of Pensions, and which are, however, in their Nature, and must be in their Effect, manifestly the same. It is, or may be, evaded also by the Difficulty of discovering and convicting those who presume to break it; since there is Ground to believe, by what has happened lately in this House, as well as on some other Occasions, that the Commons would find it difficult to obtain those Accompts which can alone shew what Pensions are paid to particular Persons. We observe farther, that, by the Laws now in Force, all those who hold certain Offices therein specified, as well as all those who hold any Offices erected since that Time, are made incapable of sitting in the House of Commons; and that, whoever accepts of any Office or Employment under the Crown cannot sit in that House till he has been re-elected. Now it appears to us, that all those good and laudable Provisions may be rendered fruitless, that the House of Commons may be filled with Persons who are by Law incapable of sitting there, that the Electors may be deprived of that reasonable Option which the Law has given them, whether they will trust the same Person to represent them, after he has accepted an Employment, whom they elected to represent them when he had none; and that all this may be effected by the single Expedient of getting an Office or Employment to be held by some Person who is not a Member of the House of Commons, in Trust for one who is. We shall not determine, on public Fame, or private Suspicion, whether all or some of these Abuses and Evasions of so many Acts of Parliament have prevailed or not; but since it is evident that they may be easily introduced under a corrupt Administration, we must be of Opinion, that a Law, which would prevent them as effectually as, we believe, the Bill sent up by the Commons would have done, could not have met with too great Encouragement from this House, nor have been passed too soon.

"4thly, Because it appears to us, that the Arguments against this Bill, drawn from the Necessity or Expediency of preserving an Influence to the Crown, by the Power of rewarding, are either not at all to the present Purpose, or else are applied to prove, that an Influence guarded against by so many solemn Acts of Parliament should be admitted by the Connivance of Parliament; and we think it would be much more for the Honour of this House, if these Arguments were of real Weight, to be prevailed upon by them directly to repeal the Laws abovementioned, than, by rejecting a Bill designed to render those Laws effectual, to seem, as we apprehend, to approve all the Evasions of them which have been, or can be, invented and put in Practice.

"5thly, Because we think that, although this Bill tends to restrain any legal and dangerous Influence over the House of Commons; yet it leaves such an Influence entire to the Crown, as will appear at least sufficient, when we consider that there are, in the present House of Commons, hardly less than Two Hundred Members, who hold such Offices and Employments under the Crown, as would have continued to be tenable by them if this Bill had passed; and even the Power of granting Pensions for Life to Members of Parliament, openly, would have still remained in the Crown.

"6thly, Because, strictly speaking, all Influence over either House of Parliament, exept that which arises from a Sense of those Duties which we owe to our King and to our Country, are improper; and the particular Influences which this Bill was intended to prevent, are not only improper, but may, and naturally must in Course of Time, become extremely pernicious both to the Crown and to the People. For, First, although this Influence appears to be that of the Crown, it may become virtually that of the Minister, and be applied to deceive the Prince, as well as to oppress the People. If ever a corrupt Minister should have the Disposition of Places, and the Distribution of Pensions, Gratuities, and Rewards, he may create such an Influence, as shall effectually deprive the Prince of the great Advantage of knowing the true Sense of His People; and a House of Parliament being prevailed upon to approve such Measures as the whole Nation dislikes, so may be confirmed in the Pursuit of them; and, for the Sake of an unworthy Servant, lose the Affections of His People, whilst He imagines that He both deserves and possesses them. In the next Place, if ever this improper Influence should obtain a certain Degree of Strength, these terrible Consequences must inevitably flow from it; that the worst Proposals for the Public will be the most likely to succeed; and that the weakest Ministers will be the best supported: The Reason whereof we take to be extremely plain, since this improper Influence may be directed to any Purpose whatsoever, and will always be most exerted where it is most wanted, that is, in the Support of ill Measures and weak Ministers.

"7thly, Because we agree, that as National or other Circumstances have exposed the Crown to any new Danger, the Security of Fidelity and Allegiance given by the Oaths of the Subjects to the Crown has been increased from Time to Time; and we therefore think that, by a Parity of Reason, some greater Security than was formerly exacted should be now given to the Nation by their Representatives, for a faithful Discharge of the Trust reposed in them; because this Trust, which is the same as it was in every other respect, is come to be much greater than it was in respect to those heavy Taxes which have for many Years past, and which, as we fear, must be for all succeeding Times, annually laid by Parliament on the People; as well as to those immense Debts which have been contracted, and which we apprehend to have annually increased upon the Nation. The Service of the House of Commons was formerly a real Service; therefore often declined, and always paid for by the People: It is now no longer paid for by the People; and yet, far from being declined, it has been courted and sought after at great Expence. How far these Considerations, together with that of the vast Increase of the Civil List Revenue, and of the Debts contracted on it in former Reigns, deserve to enforce the Reasons for exacting some new and stronger Engagements from the Members of the House of Commons, to those whom they are chosen to represent, is, we think, sufficiently obvious.

"8thly, Although it must be allowed, that the multiplying of Oaths, without great and evident Reason, ought to be avoided; yet, an Oath being the most solemn Engagement which Men can be laid under, we judge it, on that very Account, the more proper to be imposed upon this important Occasion; nor will the Probability of its being broke through by the Iniquity of Mankind be an Argument of greater Force against this Bill, than against any other Law made for preventing any other Crime whatsoever.

Huntingdon.
Bruce.
Plimouth.
Northampton.
Montjoy.
Strafford.
Bathurst.
Ker.
Beaufort.
Sunderland.
Warrington.
Berkshire.
Gower.
Oxford & Mortimer.
Abingdon.
Aylesford.
Boyle.
Litchfield.
Foley.
Hereford.
Maynard.
Craven.
Coventry.
Bristol.
Thanet.
Masham."

The Bill rejected:

Then the Question was put, "Whether the said Bill shall be rejected?"

It was Resolved in the Affirmative.

Protest against rejecting it.

"Dissentient.

1st, Because the evident Intention of this Bill was only to make a further Advance towards gaining that good End, which the Legislature hitherto has, we fear, too weakly endeavoured to compass, the Prevention of Corruption; which, it must be owned, is an Evil of so mischievous a Nature, so apt to spread and grow epidemical, that a wise and virtuous People will apply the most timely and most effectual Remedies that can be devised for the Cure of it; since a Nation once infected must soon get the better of so contagious a Distemper, or it will soon get the better of the Nation.

"2dly, Because we can hardly frame in our own Minds a more reasonable Method, than the Sanction of such an Oath of Purgation, as was to have been taken by all the Members of the House of Commons, if this Bill had passed into a Law, to preserve that Part of the Legislature pure and free from that Kind of Bribery, which seems, from the Nature of it, to be the most pernicious, a secret and unavowed Pension; or what, however different in Name, would, we sear, be too much the same in Effect, an Office in Trust, or a clandestine Gratuity.

"3dly, Because the Act of Parliament which passed last Year, though it contained some excellent Provisions against Bribery and Corruption, and ought, in our Opinion, ever to be held sacred, inviolable, and a fundamental Part of our yet free Constitution, wanted still something, as we judge, to make it more complete, by establishing an Oath of the Elected, as well as the Electors; which being done by this Bill, we cannot but look upon it to have been a seasonable and necessary Addition to those Laws already enacted for the same Purpose, in order to guard us more strongly against the powerful and malignant Influence of wicked, aspiring, and despotic Ministers, who can invent no Artifices so likely to subvert the Liberties of the People, as by corrupting those who are chosen to desend them.

"4thly, Because, we apprehend, the House of Commons may think themselves unkindly treated by us, for rejecting a Bill sent from them, of great Consequence, by which they designed only to secure their own Honour and the Nation's Liberties, and that concerned only their own Members, without allowing it even the usual Forms of a Commitment; and the rest of our Fellow Subjects will, we fear, hardly be charitable enough to think, that one House of Parliament could be perfectly unbiassed, when it refused so proper an Expedient to make, in a great Measure, the other so.

"Ker.
Plimouth.
Beaufort.
Sunderland.
Bristol.
Montjoy.
Warrington.
Gower.
Bathurst.
Craven.
Huntingdon.
Berkshire.
Strafford.
Abingdon.
Oxford & Mortimer.
Coventry.
Aylesford.
Litchfield.
Boyle.
Foley.
Bruce.
Maynard.
Masham.
Northampton.
Hereford.
Thanet."

Adjourn.

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

DIE Lunæ, 23^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Cardonnell versus Hedges.

The Answer of Richard Hedges, One of the Respondents to the Appeal of Mary Lilly and James Cardonnell Esquire, was brought in.

Jervoise Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Thomas Jervoise Esquire was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for restraining Thomas Jervoise Junior Esquire, a Lunatic, from marrying, or alrening, disposing, or encumbering his Estate, during his Lunacy, and for raising Portions for his Sister's Children; and for other Purposes therein mentioned."

Warwickshire Road to repair, Bill.

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

With a Bill, intituled, "An Act for repairing the Road leading from a Gate called Shipston Tollgate, at Bridgetown, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mutiny and Desertion Bill.

Hodie 3^a vice Lecta est Billa, intituled, "An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters."

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

It was Resolved in the Affirmative.

Protest against it:

"Dissentient.

"Because we think that so large a Number of Forces as is proposed to be kept up in this Kingdom, for this Year, by this Bill, is not necessary for our Safety, as far as we can judge from the present Conjuncture of Affairs; and that a Standing Army in Time of Peace must be always burthensome to the People, and dangerous to their Liberties, for Reasons often given by several Lords, and remaining upon the Journals of this House, to which we chuse to reser, rather than repeat them in order to prove a Proposition that we think almost manifest in itself, or at least may easily be maintained by Arguments undeniably convincing, and so obvious, in our Opinion, that they must occur, upon the least Reflection, to every Englishman who loves his Country and his Freedom.

"Montjoy.
Abingdon.
Strafford.
Beaufort."

Message to H. C. with the Bill.

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

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

Cokburne to amend his Appeal, on paying Five Pounds Costs.

Upon reading the Petition of John Cokburne Esquire; praying Leave to amend his Appeal, to which Patrick Ogilvie Esquire is Respondent, by adding thereto such other Interlocutors, or Parts of Interlocutors, made in the Cause below, as he is advised are proper to be appealed against, that the whole Cause may more fully lie before this House.

Thereupon Mr. Ross and Mr. Hamilton, the Agents on both Sides, were called in, and heard touching the Matter of the said Petition.

And being withdrawn:

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, as desired, he amending the Respondent's Copy, and paying to him Five Pounds, in respect of Costs; but not to put off the Hearing as it now stands appointed.

Messages from H. C. to return L. Cadogan's Bill;

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

To return the Bill, intituled, "An Act for vesting the Manor of Okeley, and other Lands in the County of Bucks, in Trust for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Horninghold Common Fields to enclose, Bill;

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

To return the Bill, intituled, "An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

and East Wellow Common to enclose, Bill.

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

To return the Bill, intituled, "An Act for enclosing Part of the Waste, or Common, called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid for ever;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were read Thrice, by the Clerk, and agreed to by the House; and are as follow; (videlicet,)

"Pr. I. L. 33. After ["Hundred], insert ["customary"].

"L. 34. After ["Hundred"], insert ["customary"].

"L. 38. After ["Hundred"], insert ["customary"].

"Pr. 2. L. 26. After ["Hundred"], insert ["customary"].

"L. 36. After ["Hundred"], insert ["customary"].

"Pr. 3. L. 1. After ["Hundred"], insert ["customary"].

"L. 8. After ["Hundred"], insert ["customary"].

"L. 22. After ["Hundred"] insert ["customary"].

Pr. 9. L. 17. After ["Hundred"], insert ["customary"]."

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

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

Bindon versus Ryves and Doyle.

Whereas this Day was appointed, for hearing the Cause wherein David Bindon is Appellant, and William Ryves and William Doyle are Respondents:

It is Ordered, That the hearing the said Cause be adjourned till Wednesday next.

Againstlending Money to Foreign Princes, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to enable His Majesty to prohibit any Person or Persons, His Majesty's Subjects, or residing within this Kingdom, to advance or lend any Sum or Sums of Money to any Foreign Prince, State, or Potentate, without Licence obtained from His Majesty under His Privy Seal, of some greater Authority."

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

And the Earl of Findlater 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 read the Third Time To-morrow.

Vernon versusMaple:

Upon reading the Petition of John Vernon Esquire; praying, "In regard the Petitioner has appealed from an Order of the Court of Chancery in Ireland, granting an Injunction, prohibiting him from working a Quarry of Stone; that the House would appoint such Time for hearing, as that the Cause, being a very snort one, may be determined this Session:"

Hearing appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Twentyfifth Day of April next, at Eleven a Clock.

Well's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Nicholas Lewis Well."

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. Thurston and Mr. Masham:

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

Shrewsbury Roads to repair, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shifnall, and the Town of Shrewsbury, in the County of Salop," was committed: "That they had considered the said Bill, and gone through the same, and directed him to report the Bill to the House, without any Amendment."

Horninghold Common Fields to enclose, Bill.

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester."

And the same, being read Thrice by the Clerk, was agreed to by the House, and is as follows; (videlicet,)

"Pr. 3. L. 12. After ["Gentleman"], insert ["John Hodgkin of Weldon in the County of Northampton, John Ayre of Kirby Bollars in the County of Leicester Gentlemen,"]."

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

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

Folkes versus Lewis:

The House was informed, "That, upon hearing a Cause in the Court of Exchequer, wherein Maurice Lewis Esquire was Plaintiff, and Thomas Folkes Esquire Defendant, on the Fifth Day of February last, an Order was made, by the said Court, in Behalf of the said Mr. Lewis, from which Mr. Folkes is advised to bring an Appeal; but that the said Order was not as yet drawn up, though Mr. Marriot, the said Mr. Lewis's Clerk in Court, had been pressed, as well by the said Mr. Folkes as his Agent Clement Phillips, to draw up the same."

Thereupon Two several Affidavits, made by the said Phillips, attesting the Truth of the Matters abovementioned, being read:

Mr. Marriot to cause an Order of the Court of Exchequer to be drawn up.

It is Ordered, That the said Mr. Marriot do procure the said Order of the Court of Exchequer to be drawn up and entered by the First Day of the next Term.

Adjourn.

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

DIE Martis 24^o Martii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Minchin versus Edwards.

The Answer of Mary Edwards Spinster, to the Appeal of John Minchin Esquire, was brought in.

Dutchess of Buccleugh, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Anne Dutchess of Buccleuch, and Francis Scott Esquire, commonly called Earl of Dalkeith, her Grandchild, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to empower Anne Dutchess of Buccleuch, and those in Remainder after her, to let Leases of such Part of their Estate, in that Part of Great Britain called Scotland, as shall be thought proper for the searching for, and working of, Mines."

Shrewsbury Roads, to repan, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shifnall, and the Town of Shrewsbury, in the County of Salop."

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

It was Resolved in the Affirmative.

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

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

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

Against lending Money to Foreign Princes, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable His Majesty to prohibit any Person or Persons, His Majesty's Subjects, or residing within this Kingdom, to advance or lend any Sum or Sums of Money to any Foreign Prince, State, or Potentate, without Licence obtained from His Majesty under His Privy Seal, or some greater Authority."

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

It was Resolved in the Affirmative.

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

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

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

Warwickshire Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road leading from a Gate called Shipston Tollgate, at Bridgetown, in the Parish of Old Stratford, in the County of Warwick, through Alderminster and Shipston upon Stower, to the Top of Long Compton Hill, in the said County."

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

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

Jervoise's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for restraining Thomas Jervoise Junior, Esquire, a Lunatic, from marrying, or aliening, disposing, or incumbering, his Estate, during his Lunacy; and for raising Portions for his Sister's Children; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet at the same Place, on Wednesday the Eighth Day of April next; and to adjourn as they please.

Radcliffe versus Fursman.

Upon reading the Petition and Appeal of Walter Radcliffe Esquire; complaining of an Order of the Court of Chancery, made the Third Day of this Instant March, in a Cause wherein Martha Fursman an Insant, by Peter Burnaford Clerk her prochein Amie, was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed and set aside; and that so much of the Appellant's Demurrer as hath been overruled may be allowed; and that such other Order may be made in the Premises as to the House shall seem meet:"

It is Ordered, That the said Martha Fursman, by her Guardian, may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the Seventh Day of April next.

Immines & al. versus Sedgwick & Ux. in Error.

The Lord Chief Justice of the Court of King's Bench, in the usual Manner, brought up a Writ of Error, wherein Thomas Immines and others are Plaintiffs, and John Sedgwick and his Wife are Defendants.

Messages from H.C. with a Bill; and to return Well's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Nicholas Lewis Well;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Wisbech Road to repair, Bill.

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

With a Bill, intituled, "An Act for making a new Road, and for repairing and amending the ancient Road, between the Towns of Wisbech and March, in the Isle of Ely, in the County of Cambridge;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Jervoise versus Field:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Jervoise and Benjamin Rudyerd Esquires are Appellants, and James Feild is Respondent:"

Hearing appointed.

It is Ordered, That the House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on His Royal Throne, adorned with His Crown and Regal Ornaments; and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."

Who, being come, with their Speaker; the Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet,)

Bills passed:

"1. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."

"2. An Act to enable His Majesty to prohibit any Person or Persons, His Majesty's Subjects, or residing within this Kingdom, to advance or lend any Sum or Sums of Money to any Foreign Prince, State, or Potentate, without Licence obtained from His Majesty, under His Privy Seal, or some greater Authority."

"3. An Act for providing a Maintenance for the Minister of the Parish Church of St. Mary Stratford Bow, in the County of Middlesex."

"4. An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing and widening the Road from Sherbrook Hill, near Buxton and Chapple in the Frith, in the County of Derby, to Manchester, in the County of Lancaster."

"5. An Act for making more effectual an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, between Crackley Bank, in the Parish of Idsall, alias Shifnall, and the Town of Shrewsbury, in the County of Salop."

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

"Le Roy le veult."

"6. An Act to enclose divers Commons and Parcels of Waste Grounds, lying and being in the Township of Claughton, in the Parish of Garstang, and County Palatine of Lancaster."

"7. An Act for enclosing several Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Lillington, in the County of Warwick."

"8. An Act to confirm an Agreement for enclosing the Common Fields, Downs, Waste, and Unenclosed Lands, Part of the Manor of Mixbury, in the County of Oxon; and for other Purposes therein mentioned."

"9. An Act for enclosing Part of the Waste, or Common, called East Wellow Common, belonging to the Manor and Tithing of East Wellow, in the County of Southampton; and for vesting a certain Annual Rent Charge in Trustees, for the Benefit of the Poor of the Tithing of East Wellow aforesaid for ever."

"10. An Act for enclosing and dividing the Common Fields and Common Grounds, in the Parish of Horninghold, in the County of Leicester."

"11. An Act for vesting the Manor of Okeley, and other Lands, in the County of Bucks, in Trust, for Charles Lord Cadogan and his Heirs; and for settling other Lands, of equal Value, in the Counties of Oxon and Berks, to the same Uses, in Lieu thereof."

"12. An Act for naturalizing Nicholas Lewis Well and others."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Tracy & al. Trustees of Sir William Dodwell; Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of John Tracy Esquire and others, Trustees of Sir William Dodwell Knight, deceased, on Behalf of Mary Dodwell, an Insant, only Child of the said Sir William Dodwell, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to make Leases of the Estate late of Sir William Dodwell Knight, deceased, during the Infancy of Mary Dodwell, his only Child; and for other Purposes therein mentioned."

Viccars peremptorily to answer Carrol's Appeal.

The House was informed, "That Richard Viccars Gentleman, who, by Order of the Twenty-eighth of January last, was required to put in his Answer to the Appeal of Barnaby Carroll Esquire on or before the Fourth Day of March Instant, has neglected so to do, though duly served with the said Order for that Purpose."

Thereupon an Affidavit, made by Michael Carroll of the City of Dublin Linendraper, of the due Service of the said Order, being read:

It is Ordered, That the said Richard Viccars do peremptorily put in his Answer to the said Appeal, in a Week.

Adjourn.

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

DIE Mercurii, 25^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Arrot versus Garden.

The Answer of Mr. Alexander Garden of Troup Advocate, to the Appeal of Mr. William Arrot, Minister of the Gospel at Montrose, was brought in.

Breton, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom the Petition of Moyle Breton, of Kennington, in the County of Kent, Esquire, was referred; praying Leave to bring in a Bill, for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repealing and explaining Part of an Act, passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for the raising Three Thousand Pounds, charged on other Part of the same Estate; and for other Purposes therein mentioned," by appointing other Lands to be sold than by the said Act are directed."

Dutchess of Buccleugh's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower Anne Dutchess of Buccleuch and those in Remainder after her to let Leases of such Part of their Estate, in that Part of Great Britain called Scotland, as shall be thought proper for the searching for, and working of, Mines."

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

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

Countess Dowager Ferrers & al. Leave for a Bill:

Upon reading the Petition of Selina Countess Dowager Ferrers, Widow and Relict of Robert late Earl Ferrers, deceased, and others; praying Leave to bring in a Bill, for making effectual an Agreement in the Petition mentioned, and settling several Estates pursuant thereto; and for quieting the Peace of the Petitioners respective Families, in such Manner as shall be thought fit:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Then the Lord Privy Seal, pursuant to the said Order, presented to the House a Bill, intituled, "An Act for making effectual an Agreement made between Selina Countess Dowager Ferrers, Widow and Relict of Robert late Earl Ferrers, deceased, Robert and George Shirley Esquires, Two of her Sons by the said Earl, in Behalf of themselves and Two Infant Sons of the said Countess, and Lawrence Shirley Esquire, Son of the said Earl by his First Wife, in Behalf of himself and his Four Insant Sons, and of Henry Earl Ferrers, a Lunatic, to whom he is Committee; touching several Provisions made for the said Countess and her said Children; and for settling several Estates therein mentioned, to the Uses, and upon the Trusts, therein expressed; and for putting an End to divers Suits between the Parties, in relation to the said Estates."

And the said Bill was read the First Time.

Report on Daly's Petition:

The Earl of Strafford reported, from the Lords Committees appointed to consider of the Petition of Laughlin Daly Gentleman, Respondent to the Appeal of John Eyre Esquire; complaining of great Delay, Hardships, and Vexation, used by the Appellant, or Mr. Collier his Agent, in bringing former Appeals of the like Nature, and not prosecuting the same; and praying, That the said Appellant, or Mr. Collier, may be ordered to pay the Petitioner his Costs, on account of the said Appeals, by a certain Time; or else that this his Third Appeal may stand absolutely dimissed; and if the said Costs are paid, that this Appeal may be heard on such a Bye-day as shall be thought fit:" That the Committee have considered the Matter to them referred; and that, upon hearing Mr. Collier, as also some Persons on Behalf of the Petitioner, think proper to acquaint your Lordships, that the said Collier having agreed to advance the Petitioner Fifteen Guineas, in order to enable him to prepare for the hearing the Cause; the Committee are therefore of Opinion, That a short Day be appointed, for hearing the same, if your Lordships think fit."

Which Report being read by the Clerk, and agreed to:

Cause appointed on a Bye-day.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Twentyeighth Day of April next, at Eleven a Clock.

Papersrelating to the Embargo at Jamaica delivered.

The Duke of Newcastle (by His Majesty's Command), pursuant to their Lordships Address of Thursday last, presented to the House several Papers relating to the Embargo laid on Ships trading to Jamaica; with a List of the said Papers.

And the same was read, by the Clerk, as follows:

"Copy of his Grace the Duke of Newcastle's Letter to Governor Hunter, February 17th, 1728/9."

"Copy of his Grace the Duke of Newcastle's Letter to Commodore St. Lo, February 17th, 1728/9."

"Copy of Governor Hunter's Letter to his Grace the Duke of Newcastle, Jamaica, May 3d, 1729;" enclosing,

"Copy of the Minutes of the Council of Jamaica, April 6th, 7th, and 9th, 1729."

"Copy of his Grace the Duke of Newcastle's Letter to Governor Hunter, June 17th, 1729;" enclosing,

"Copy of the Jamaica Merchants Petition to Her Majesty."

"Copy of Col. Armstrong's and Colonel Lascelles's Report to the Master General of the Ordnance, on account of Stores to be sent to Jamaica."

List of Stores to be sent to Jamaica."

"List of Stores to be provided in the Island of Jamaica."

"Copy of Governor Hunter's Letter to his Grace the Duke of Newcastle."

Bindon versus Ryves and Doyle:

After hearing Counsel, upon the amended Petition and Appeal of David Bindon Merchant; complaining of an Order of the Court of Exchequer in Ireland, the Tenth of June 1727, in a Cause wherein the Appellant was Plaintiff, and William Ryves Esquire, William Doyle, and others, were Defendants; and of Mr. Baron St. Leger's Report made in Pursuance thereof; and of the Orders of the First of July, the Thirteenth of March, and the Orders of the Seventeenth and Eighteenth of November, 1727, made on the said Report; and the Exceptions taken thereto by the Appellant; and the Admission of several Letters and Affidavits read on the Hearing of the Appellant's Exceptions against the said Report; and also of an Order of the Twenty-ninth of November 1727, made for dissolving the Injunction; and of the several Orders of the Sixteenth of May, and Eleventh of July, 1728; and Proceedings made on hearing the said Cause; and praying, "That the same may be reversed; and that the said Ryves may be decreed to accompt with and pay to the Appellant all such Money as he received by, or out of, the Appellant's Effects, or by the Effects attached by the said Doyle; after paying and satisfying what was due upon the Securities so entered into by the Appellant; or that the Appellant may be otherwise relieved:" As also upon the Answer of the said William Ryves put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Court of Exchequer in Ireland to proceed to hear the Cause.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Court of Exchequer do forthwith proceed to hear the Cause, without making the Commissioners or Assignees of any Commission of Bankruptcy against the Respondent Doyle Parties; and that the Injunction be revived from this Time only, to continue to the Hearing of the said Cause, without any Retrospect to vacate or punish any Thing that may have been done in Pursuance of the Order for the Dissolution thereof, since the making of such Order; and that either of the Parties be at Liberty to apply to the Court of Exchequer for that Purpose.

Adjourn.

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

DIE Jovis, 26^o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Countess Dowager Ferrers, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making effectual an Agreement made between Selina Countess Dowager Ferrers, Widow and Relict of Robert late Earl Ferrers, deceased, Robert and George Shirley Esquires, Two of her Sons by the said Earl, in Behalf of themselves and Two Insant Sons of the said Countess, and Lawrence Shirley Esquire, Son of the said Earl by his First Wife, in Behalf of himself and his Four Insant Sons, and of Henry Earl Ferrers, a Lunatic, to whom he is Committee, touching several Provisions made for the said Countess and her said Children; and for settling several Estates therein mentioned, to the Uses, and upon the Trusts, therein expressed; and for putting an End to divers Suits between the Parties, in relation to the said Estates."

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

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

Earl Ranelagh's Bill.

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

With a Bill, intituled, "An Act for vesting the Estate of Richard late Earl of Ranelagh, in the Counties of Middlesex and Berks, in Trustees, to be sold, for the Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Sir William Dodwell's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Trustees to make Leases of the Estate late of Sir William Dodwell Knight, deceased, during the Infancy of Mary Dodwell his only Child; and for other Purposes therein mentioned."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

Breton's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing and explaining Part of an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting Part of the Estate of Moyle Breton Esquire in Trustees, to be sold, for the raising Three Thousand Pounds, charged on other Part of the same Estate, and for other Purposes therein mentioned, by appointing other Lands to be sold than by the said Act are directed."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:

Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.

Ross to enter into a Recognizance for Borthwick.

The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for Mrs. Lilly Borthwick, on account of her Appeal depending in this House; she residing in Scotland:"

It is Ordered, That the said Alexander Ross may enter into a Recognizance for the said Appellant, as desired.

Crewys to enter into a Recognizance for Radcliffe.

The like Motion and Order for Henry Crewys Gentleman to enter into a Recognizance for Walter Radcliffe Esquire, on account of his Appeal; the Appellant residing at a great Distance from London.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem Aprilis jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.