House of Lords Journal Volume 24: May 1732, 21-31

May 1732, 21-31

DIE Lunæ, 22^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Deeds of Settlement of the late E. of Derwentwater, to be delivered back.

Ordered, That the Two Deeds of Settlement, One dated the 24th of March 1691, and the other the 24th of June 1712, which were transmitted to the Lords by the Commons, at a Conference, upon the Subject-matter of the Bill for making void Contracts for Sale of the Estate of the late Earl of Derwentwater, be, by the Clerk, delivered to Mr. Paxton, the Solicitor for the said Bill.

Lords to be examined upon Honour; Order to be recorded in Westminster Hall.

The Lord Delawarr reported from the Lords Committees for Privileges, to whom it was referred, on Thursday last, to consider of the Privileges of this House: "That the Committee had taken into Consideration the Standing Order of this House, in relation to Lords answering upon Honour; and are of Opinion, that it is the inherent Right of all Peers, or Lords of Parliament, whether they be Plaintiffs or Defendants, to answer or be examined upon Interrogatories, in all Courts, upon Protestation of Honour only, and not upon the Common Oath; and that the Lord Chancellor, or Speaker of this House, for the Time being, do forthwith give Notice of this Resolution to the Judges of the respective Courts in Westminster Hall, that the same may be inviolably observed for the future, and recorded in the said Courts."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

Sir R. Sutton & al. to restrain from going out of the Kingdom, Bill.

Counsel (according to Order) were called in, to be further heard, upon the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

And the Counsel for the said Bill being directed to proceed:

They were heard, to sum up the Evidence produced; and concluded with hoping, "They had offered sufficient Proof to affect every Person mentioned in the Bill, and to make good the Allegations thereof."

Then Counsel was heard at large for Sir Robert Sutton, upon his Petition, against the said Bill.

And an Order at a General Court, the 2d of November 1725, empowering Committees to appoint Officers, was read.

And Claude Johnson, a Buyer and Seller of Bills of Exchange, was produced, sworn, and examined as to the Character of John Thomson, formerly Warehousekeeper of the Charitable Corporation; he being One of his Sureties.

Next, Richard Hamilton, a Hosier, was sworn, and examined also with relation to the Character of the said Thomson.

And certain Bonds of Security given for him were read.

And Francis Thomson, having before been sworn, was called, and examined in relation to the taking of the Key of the Warehouse from Mr. Wainwright.

And Mr. Venables was produced, and examined to the same Matter; and declared, "He had heard Lovell the Messenger own, he had a Key of the Warehouse in Fenchurch Street, from Mr. Wainwright."

Then the Counsel for Sir Robert Sutton alledged, "He had not been present during certain Spaces of Time."

And the same was not contradicted.

After which, Christopher Cole was produced, sworn, and examined in relation to the Lumber Houses in Holland, their Constitution, and the Method of their proceeding.

Also Francis Townley was sworn, and examined to the same Matter.

Next, James Lock was sworn, and examined as to the Expediency or Necessity of transacting Affairs by Agents or Brokers.

And an Order of a Committee, made the 18th of November 1726, allowing any Persons, as well Brokers as others, to come and transact Business, was read.

And Mr. Wainwright, being called and examined, acquainted the House, "That the said Order was hung up in proper Places."

Then the Counsel for Sir Robert Sutton offering to proceed on another Head of Evidence, as to Notes:

The Counsel were directed to withdraw.

Ordered, That the further Hearing upon this Bill be adjourned till To-morrow, at Eleven a Clock.

Yorkshire Cloth, Bill.

Ordered, That the House be put into a Committee upon the Bill for better regulating the Manufacture of Cloth in the West Riding of the County of York, on Friday next.

Adjourn.

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

DIE Martis, 23^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Petition of Sir Robert Sutton, for Papers:

A Petition of the Right Honourable Sir Robert Sutton Knight of the Bath; was presented, and read; setting sorth, "That he is advised it is necessary, for his Defence, against the Bill for restraining him and others from going out of the Kingdom, and alienating their Estates and Effects, to have several Letters laid before this House, from the Petitioner, to George Tilson Esquire, Secretary to the Lord Harrington, applying for His Majesty's Orders to His Ministers Abroad, for securing the Persons of George Robinson and John Thomson, with such Orders as were issued thereupon; and likewise several Letters of Correspondence, between the Petitioner and Mr. Robert Arbuthnot Banker at Parts, which are signed by the said Arbuthnot, relating to the same, and are now lying before the House of Commons;" and praying, That the necessary Directions may be given, for laying the said Letters and Orders before this House."

Address upon it:

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Order, that the said Letters from Sir Robert Sutton, to George Tilson Esquire, with such Orders as were issued thereupon, may be laid before this House."

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

Message to H. C. for Papers:

Ordered, That a Message be sent to the House of Commons, to acquaint them with Sir Robert Sutton's Application to this House; and to desire, "That the several Letters of Correspondence between him and Mr. Robert Arbuthnot at Paris, mentioned in the said Petition, and now lying before that House, may be laid before their Lordships."

And a Message was sent to the House of Commons, by Mr. Elde and Mr. Edwards, for that Purpose.

Counsel heard on the Bill.

Counsel (according to Order) were called in, to be further heard, upon the aforementioned Bill.

And, at the Request of the Counsel for Sir Robert Sutton, that Part of the Charter, which relates to the issuing of Notes by the Charitable Corporation, was read; and certain Entries in the Books, in relation to Notes and Bonds, were read.

And Mr. Wainwright was examined, as to the One Hundred Bonds last sealed; and how, and to whom, issued.

And Mr. Le Fevre was produced, sworn, and examined in relation to the Balance upon casting up their Books.

And Mr. Venables was examined, touching the Accompt produced by Mr. Harrison; and averred, "It was true, according to the Books;" and was likewise examined in relation to the Dividends of the Corporation, and the Method used in making of them.

Then an Order of a Committee, of the 17th of September 1731, for shutting the Books, in order to a Dividend, was read.

As were also some Resolutions out of the Books, in relation to the making up of Pledges, and touching the Qualification and Election of Committee-men.

And 'twas asserted by the Counsel for Sir Robert Sutton, and not contradicted, "That he was present but Once at the declaring of a Dividend."

The Counsel were directed to withdraw.

Commons will return Answer by then own Messengers.

The Messengers sent this Day to the House of Commons, being returned, acquainted the House, "That they had delivered their Message; and that the Commons would send an Answer by Messengers of their own."

Conference desired by the Commons, on the Lords Amendments to the Bill for difarming The Highlands.

A Message was brought from the House of Commons, by Sir Edmond Bacon and others:

To desire a Conference with this House, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign," intituled, "An Act for more effectual difarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

To which the House agreed.

And the Messengers were called in again; and told, "That the Lords do agree to a Conference, as desired; and appoint it To-morrow, at One a Clock, in the Painted Chamber."

Message from H C. to return the Conduits in Hyde Park Bill.

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

To return the Bill, intituled, "An Act for vesting the Conduits, Springs, and Waters, in Hyde Park, in Trustees, for the Benefit of His Majesty;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

and the Bill against pulling down Turnpikes.

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

To return the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the First Year of His present Majesty's Reign, intituled, An Act for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks, or other Works erected by Authority of Parliament, for making Rivers navigable;" and to acquaint this House, that, they have agreed to their Lordships Amendments made thereto.

King's Answer to Address for Papers desired by Sir Robert Sutton.

The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this Day, for Sir Robert Sutton's Letters to Mr. Tilson, and the Orders given thereupon; and that His Majesty had been pleased to give Order, that the same be laid before this House."

Sir Robert Sutton and others, to restrain from going out of the Kingdom, Bill.

Counsel were called in, to be further heard, upon the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes.

And the Counsel for Sir Robert Sutton being directed to proceed; they asserted, "That he was not present at One Committee in the Year 1728, nor but at Two in the Year 1729."

And the same was not contradicted.

Then they produced a Servant of Sir Robert Sutton's, who had lived with him, near his Person, for about Seven and Twenty Years; but he, not being able to deliver his Evidence in English, was examined, upon Oath, by Means of an Interpreter, who was also sworn: And the Subject of his Examination was, "As to what State of Health Sir Robert was in at the Beginning of the Year 1728, at what Time he prepared to go Abroad, when he went, and how long it was before he returned, the Condition of his Health before and after, when he went into the Country, and of his Stay there."

And Mr. Wainwright was examined, as to Mr. Edwin's coming to the Office, to inspect the Books; and what Accommodation was given him on that Occasion.

Counsel directed to withdraw.

Message from H. C. with Papers.

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

With Four Letters, from Mr. Robert Arbuthnot, to Sir Robert Sutton, dated Paris, 10th and 29th of November 1731, 22d December, and 16th of January following: And signified the Desire of that House, "That the said Letters might be returned."

Papers delivered pursuant to the Address to the King.

Then the Duke of Newcastle (pursuant to the Address to His Majesty) presented to the House,

"A Copy of the Circular Letter to His Majesty's Ministers and Consuls Abroad, for the securing of John Thomson, late Warehouse-keeper to the Charitable Corporation, and his Effects, dated at Hampton Court, 18th of October 1731; together with a Description of the said Thomson."

Also the Lord Harrington (pursuant to the same Address) presented to the House,

"Two Letters from Sir Robert Sutton, to George Tilson Esquire, his Lordship's Secretary, both dated 17th October 1731."

And, "Copies of Letters to Ministers Abroad, for securing the said Thomson; with a Description likewise of his Person."

Counsel further heard upon the Bill.

After which, the Counsel were again called in:

And those for Sir Robert Sutton were acquainted, "That the Letters and Papers desired in his Petition were all laid before the House."

Then they called Mr. Venables; who was examined as to Mr. Edwin's coming to the Office of the Charitable Corporation, to inspect the Books; and acquainted the House, "He did inspect the Stock Leidgers; and that he never complained of the Want of Accommodation, or that he was at any Time refused an Inspection."

And Mr. Richardson belonging to the Cashier's Office, and Mr. Woodford Clerk to the Accomptant, were both severally examined, upon Oath, in relation to the same Matter.

Next, Mr. Venables was examined, as to what Number of Shares Sir Robert Sutton had, and when bought in; and read the Particulars out of a Paper, and acquainted the House, "There were none transferred in his own Name."

Then Mr. Cole was produced, sworn, and examined in relation to the Second License granted for increasing the Capital, in the Year 1728; and touching Transactions in that Year.

After which, at the Request of the Counsel for Sir Robert Sutton, the several Letters and Papers laid before the House pursuant to his Request were read.

And Dr. Arbuthnot was sworn, and examined.

And being shewn a Bill of Exchange for upwards of Forty Pounds, for the Charges of Mr. Robert Arbuthnot, his Brother, in endeavouring to secure Thomson, the Dr. acquainted the House, "He believed it was paid."

The Duke of Newcastle and the Lord Horrington, at the Request of the Counsel, severally declared, "They believed the Endeavours used for the securing of Thomson were upon the Application of Sir Robert Sutton."

And James Milne was examined, touching Applications of the said Sir Robert, for making out Accompts of the Affairs of the Corporation.

Then One of the Counsel for Sir Robert Sutton was heard at large, to make Observations on the Evidence produced.

And having done.

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel upon this Bill be adjourned till To-morrow, at Eleven a Clock.

Adjourn.

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

DIE Mercurii, 24^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Conduits, &c. in Hyde Park, Bill:

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for vesting the Conduits, Springs and Waters, in Hyde Park, in Trustees, for the Benefit of His Majesty."

And the same, being read by the Clerk, was agreed to by the House.

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

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

Message from thence, for a Conference on Amendments to Bankrupts Bill.

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

To desire a Conference with this House, upon the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as desired; and appoint the same on Friday next, at One a Clock, in the Painted Chamber."

Conference on the Amendments to the Bill for disarming the Highlands:

The House being informed, "That the Managers for the Commons were ready for the Conference appointed Yesterday, upon the Subject-matter of the Amendments made to the Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, "An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom:"

The Lords following were appointed Managers of the Conference; (videlicet,)

And their Names being called over:

The House was adjourned during Pleasure; and the Managers went to the Conference:

Which being ended, the House was resumed.

And the Lord President reported, "That the Lords had met the Managers for the Commons, at the Conference; which, on their Part, was managed by Sir John Hind Cotton; who acquaintedtheir Lordships, That the Commons do agree to all the Amendments made to the said Bill, except the last, being Clause (B); to which they disagree, for these Reasons:"

Commons Reasons for disagreeing to One of the Lords Amendments to it.

"1st, Because the Clause makes an unreasonable Distinction between the different Parts of the United Kingdom, by making it penal to wear in One Part of it that Dress that may lawfully be worn in the other.

"2dly, Because it seems more unreasonable, in the same Parish, to leave it lawful for One Part of the Inhabitants to wear what Dress they please; whilst the other, and the most considerable Part, are subject to Penalties, if they make Use of the same Habit; so that a Distinction of Ten Shillings Rent may make a Man subject to, or free from, Penalties.

"3dly, Because it seems of dangerous Consequence, to subject any Person to be imprisoned for Six Months, upon the occasional wearing, or putting on, any Part of the Highland Garb, even in his own House, on the Oath of One Witness only.

"4thly, Because the Dress prohibited is extremely well suited to the Circumstances of the Mountainous Country in which it is now wore; serving for a covering by Night, whilst, at the same Time, it is very light and easily carried by Day.

"5thly, Because, whilst the Bill itself, by difarming the Highlanders, distinguishes them from others His Majesty's Subjects, it does not seem proper to give them any Disgust, by depriving them of that Dress, which, in their Circumstances, appears highly convenient, if not absolutely necessary for them.

"6thly, Because the changing of the Dress must occasion an Expence, which will be burthensome to Persons of so small Fortunes as those described in the Clause; and probably an Introduction to Luxury.

"7thly, Because discharging the Use of Bonnets will be injurious to several Incorporations of Bonnetmakers, lawfully constituted, within divers Royal Boroughs, in that Part of the Kingdom called Scotland."

Report to be considered.

And the said Report being read by the Clerk:

Ordered, That the same be taken into Consideration on Friday next.

Conference desired by H. C. on a Matter of Importance, respecting the Honour of the Crown; concerning a Letter from Bellon, at Rome, about the Charitable Corporation:

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

To desire a Conference with this House, upon a Matter of great Importance, which concerns the Honour and Dignity of His Majesty's Crown and Government.

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as is desired; and appoint it presently, in the Painted Chamber."

The Lords following were named Managers of the Conference; (videlicet,)

The House being informed, "That the Managers for the Commons were ready for the Conference, in the Painted Chamber:"

The Names of the Managers for this House were called over.

And the House was adjourned during Pleasure; and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That they had met the Managers for the Commons, at the Conference; which, on their Part, was managed by the Chancellor of the Exchequer, who acquainted the Managers for the Lords as follows:

"That the Commons had desired this Conference, to communicate to this House a Paper, (with the Translation thereof) dated at Rome, the 4th of May 1732, N. S. signed John Angelo Belloni; and also a Letter to Dr. Arbuthnot, from his Brother at Paris, and another Letter of his to Sir Robert Sutton; and a Paper of Proposals, signed J. Thomson; and a Letter, which was delivered to a Committee of the House of Commons, by Mr. David Avery, who was examined at the Bar of the said House, concerning the said Letter; and that the Commons had come to some Resolutions thereupon; to which they desire the Concurrence of this House."

The said Resolutions are as follow:

The Letter declared by both Houses to be an infamous Libel; and ordered to be burnt by the Hangman.

"Resolved, by the Commons in Parliament assembled, That the Paper, dated at Rome, the Fourth of May 1732, N. S. signed John Angelo Belloni, directed to the Gentlemen of the Committee of the Parliament of England appointed to inspect the Affairs of the Charitable Corporation; and, if the said Committee did not subsist, to Sir Robert Sutton, Sir John Shadwell, Walter Molesworth, Dr. John Mowbray, or some One of them, at London, is an insolent and audacious Libel, attempting, by false and insidious Insinuations, to impose upon the Parliament and British Nation; and, by specious Pretences and Professions of Esteem, Affection, and Compassion, to amuse the unhappy Sufferers of the Charitable Corporation with vain and deceitful Hopes of Relief; that the said Paper is, in itself, absurd and contradictory, conceived at the Beginning in Terms, and in the Style, of Power and Authority, or as proceeding from some extraordinary Interest and Insluence, but concluding in the Person and Character of a private Banker of Rome; offering, upon certain Conditions, on the Behalf of John Thomson, to deliver certain Books and Papers of the said Thomson, the Contents, Value, and Consequence whereof, are unknown; without any Offer to surrender the Person of the said Thomson, although represented to have been arrcsted and detained in safe Custody, from a Sense of the Frauds committed by him, and a due Regard to Justice; the Conditions demanded and insisted upon by, and in Behalf of, the said Thomson, appearing, at the same Time, to be loose, evasive, and uncertain, tending to procure Advantages and Indemnity to himself and his Accomplices, without any Intention or Prospect of Benefit to the Corporation; and that this whole Transaction appears to be a scandalous Artifice, calculated purely to delude the Unhappy, and to disguise and conceal the wicked Practices of the professed Enemies to His Majesty's Person, Crown and Dignity.

"Resolved, by the Commons in Parliament assembled, That, in Abhorrence and Detestation of this vile Attempt, the said infamous Libel be burnt, by the Hands of the Common Hangman, before The Royal Exchange in London, upon Friday next, at One of the Clock; and that the Sheriffs of London do then attend, and cause the same to be burnt there accordingly."

The several Letters, mentioned in the Report of the Conference, being read:

David Avery was called in; and the Letter delivered by him to a Committee of the House of Commons was shewed to him; and he was examined, upon Oath, at the Bar, concerning the said Letter, particularly as to some unintelligible Expressions therein.

And then he was directed to withdraw.

Then the Two Resolutions of the House of Commons were read, by the Clerk; and severally agreed to, nemine contradicente.

Ordered, That the said Agreement be communicated to the Commons, at a Conference; and that the Managers of the last Conference be appointed a Committee, to prepare what shall be offered to the Commons at the Conference.

Their Lordships, or any Five of them; to meet immediately in the Prince's Lodgings; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew.

After some Time, the House was resumed.

Sir Robert Sutton & al. to restrain from going out of the Kingdom, Bill.

And Counsel (according to Order) were called in, to be further heard, upon the Bill, intituled, "An Act to restrain Sir Robert Sutton, Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects; and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself, at a Time and Place mentioned in the Act; and to give Security for his not going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

And Counsel was heard at large for Sir Archibald Grant Baronet, upon his Petition against the said Bill.

Colonel Samuel Westall was sworn, and examined, whether any, and what, Money was paid by him into the Charitable Corporation, for the said Sir Archibald, on account of Privilege Shares.

And Two Receipts for Money, signed by the Cashier, and certain Entries in One of the Corporation Books, relating to that Matter, were read.

Next, John Blackwood was sworn; and examined, as to the Character of Mr. John Thomson; as also to the Character of Mr. Johnson, One of his Sureties.

Sir Thomas Mackworth also examined, upon Oath, in relation to the same Matter, as to Thomson; and gave him a very good Character.

And certain Entries in the Books, as to the Removal of Mr. Clark the Surveyor, and touching the Execution of the Deed between Mr. Jones the Auctioneer, and the Corporation; an Order of a General Court, made the 20th of March 1718, approving what a Committee had done in relation to the making and issuing of Notes; an Order of a Committee, the 11th of March 1725, for paying the Printer, and making the Notes payable to Mr. Wainwright, were read; as were also other Entries, to shew Sir Archibald Grant was not present at some Committees.

George Brodie and Charles Agar were severally examined, upon Oath, to prove the said Sir Archibald absent, from the Middle of July 1727, to the Beginning of April 1728; and from the Middle of July 1730, to the Middle of October following.

Next, an Entry in a General Court Book, the 30th of April 1728, when Sir Archibald Grant was sworn, was read.

And Mr. Charles Waller, Mr. Langton, and Mr. Higgs, were severally examined, in order to discredit what was said by Jones, as to his speaking to Sir Archibald about lending Money on fictitious Loans.

And Mr. Harrison examined, whether Mr. Edwin was not One of the Number of Persons appointed to apply to the House of Commons.

Then Alexander Ross and Thomas Wilson were severally examined, upon Oath, whether they were employed by Sir Archibald Grant to borrow Money for him, and on what Account.

And Mr. Blackwood again examined to the same Matter.

And Mr. Pipps sworn, and examined as to Sir Archibald's transferring Shares to him, and on what Account.

Also Captain Macloud sworn, and examined in relation to Sir Archibald's borrowing Money, and for what Purpose.

And then Captain Johnson was examined, upon Oath, touching the Behaviour of Sir Archibald Grant, upon his being informed of John Thomson the Warehousekeeper's going away.

After which; the Counsel acquainted the House, "That, as he had applied the Evidence when it was given, he would not take up their Lordships Time in making more Observations; but concluded with hoping Sir Archibald Grant did not seem chargeable with the Crimes mentioned in the Preamble of the Bill."

The Counsel were directed to withdraw.

Ordered, That the further Hearing upon this Bill be adjourned till Eleven a Clock To-morrow.

Adjourn.

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

DIE Jovis, 25^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Minute Book of the English Copper Company to be produced.

Ordered, That the Minute Book of the Court of Assistants and Committees of the English Copper Com pany be produced before this House, to be used as their Lordships shall direct.

Witnesses for Robinson and Jackson to attend, concerning the Bill to restrain Sir Robert Sutton and others from leaving the Kingdom.

Ordered, That Mr. Thomas Clarke Secretary to the English Copper Company, William Dale Esquire, John Venables, and John Armitage, do attend this House, in order to be examined, as Witnesses for Mr. Benjamin Robinson.

Ordered, That Walter Molesworth Esquire, Thomas Edwin Esquire, Bennet Langton, and John Milne, do attend this House, in order to be examined, as Witnesses for Mr. George Jackson.

Heads for a Conference concerring Bellom's Letter from Rome, about the Charitable Corporation:

The Lord President reported from the Lords Committees appointed to prepare what may be proper to be offered to the Commons, at a Conference, upon agreeing to their Resolutions Yesterday, in relation to a Letter from John Angclo Belloni, at Rome, to a Committee of the House of Commons appointed to inspect the Affairs of the Charitable Corporation, "That they had prepared the same accordingly, as follows:

"The Lords have desired this Conference, to acquaint the Commons, That their Lordships have taken into their Consideration the several Letters delivered Yesterday at the Conference; as also the Two Resolutions of the House of Commons, communicated at the same Time; which Resolutions the Lords have agreed to; and have returned all the Letters delivered at the said Conference, except that which is ordered to be burnt; which Letter the Lords have directed shall be transmitted to the Sheriffs of London, to cause the same to be burnt accordingly."

Which Report, being read by the Clerk, was agreed to by the House.

Message to H. C. for the Conference.

And a Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Elde:

To desire a Conference with that House, at Two a Clock, in the Painted Chamber, upon the Subject-mat ter of the last Conference.

Sir Robert Sutton & al. to restrain from going out of the Kingdom, Bill.

Counsel (according to Order) were called in, to be further heard, upon the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

Counsel was heard for Denis Bond Esquire, upon his Petition, against the said Bill.

And an Entry in One of the Books, of the 27th of September 1726, to shew Mr. Bond was not then present, was inspected; and other Entries, in relation to the issuing of Notes, were read.

Also an Entry in a General Court Book, of the 24th of March 1729, was read; whereby it appeared, "That Mr. Bond was then sworn, when a Dividend of Five Shillings a Share was directed."

Counsel was heard also for Mr. Bond, to observe on the Evidence.

And then they were all directed to withdraw.

Conference concerning Belloni's Letter from Rome, about the Affairs of the Charitable Corporation:

The Messengers sent to the House of Commons, to desire a Conference, at Two a Clock, in the Painted Chamber, upon the Subject-matter of the last Conference, acquainted the House, "That the Commons do agree to a Conference, as desired."

Ordered, That the Managers of the last Conference be the Managers of this Conference.

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Names of the Managers for the Lords were called over.

And the House was adjourned during Pleasure; and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Lords had met the Commons, at the Conference; and delivered to them what they were directed."

Resolutions of both Houses about it to be printed:

Ordered, That the Resolutions of both Houses of Parliament, in relation to a Letter, dated at Rome, the Fourth of May 1732, N. S. signed John Angelo Belloni, and directed, "To the Gentlemen of the Committee of the Parliament of England, appointed to inspect the Affairs of the Charitable Corporation," be forthwith printed and published.

Bill to reftrain Sir Robert Sutton & al. proceeded on.

Counsel called in again, to be further heard, upon the last mentioned Bill.

And One Counsel was heard for William Burroughs Esquire, upon his Petition, against the said Bill.

A Resolution out of One of the Books of the Charitable Corporation, in relation to the Business of Accompts, was read.

Mr. Wainwright examined, as to any, or what, Endeavours were used by Mr. Burroughs, for the apprehending of Thomson.

And several Proceedings out of the Books, touching Applications for that Purpose, were read.

And Mr. Wainwright was examined, in relation to the Time of Thomson's withdrawing himself.

And some Resolutions at a General Court, the 19th of October 1731, in relation to a Discovery of the Condition of the Affairs of the Corporation, were read.

And Mr. William Newland was sworn, and examined as to his endeavouring to procure Mr. Burroughs to be arrested, and for what Sum.

Then Counsel was heard for George Jackson Gentleman, upon his Petition, against the said Bill.

And an Entry in a General Court Book, empowering the said Jackson, with others, to do what they could for the Service of the Corporation; as also another Entry, in Favour of the said Jackson; were read.

Which done; Counsel was heard for Benjamin Robinson Gentleman, upon his Petition against the said Bill; and insisted, "He never was present at any of the Proceedings of the Officers of the Corporation, when Matters alledged to be blameable were transacted."

And Mr. Vcnables was examined, to shew, that the said Robinson was absent, from the 23d of December 1729, to the 20th of March 1730, and not present at all since the 20th of July 1731.

Then the Counsel for Mr. Robinson acquainted the House, "That there was a Witness to attend, in order to be examined as to Contracts or Engagements he had beyond Sea; but, as the Witness was not present, 'twas hoped Liberty would be given to produce him at the next Sitting."

Next, Counsel was heard for Richard Woolley, upon his Petition against the Bill; and alledged, "He was no Director, Committee-man, nor Assistant; only acted as a Broker."

After which, Counsel was heard for Thomas Warren, also a Broker, upon his Petition, against the said Bill.

And then the Counsel were directed to withdraw.

Ordered, That the further Hearing upon this Bill be adjourned till To-morrow, at Eleven a Clock.

Yorkshire Cloth, Bill.

Ordered, That the House be put into a Committee upon the Bill for better regulating the Manufacture of Cloth, in the West Riding of the County of York, on Monday next.

Petition referred to the Committee for Yorkshire Cloth Bill.

A Petition of the Merchants, Clothiers, and Clothworkers, in the West Riding of the County of York, in Behalf of themselves, and a great many others concerned in the Woollen Manufacture, was presented, and read; praying, "That a Clause in a former Act, of the 11th Year of His late Majesty's Reign, may be repealed, so far as it relates to the striking of dyed Cloths on the Tenters after they are dressed; or that such other Relief may be granted as to the House shall seem meet:"

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

Report of the Conference about the Amendments to the Bill for disarming The Highlands to be condidered.

Ordered, That the Consideration of the Report of the Conference had with the Commons, upon the Subject-matter of the Amendments made by this House to the Bill for continuing a former Act for disarming The Highlands, be further adjourned to Monday next.

Adjourn.

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

DIE Veneris, 26^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Fitz Gera'd against Eustace.

Upon reading the Petition and Appeal of Maurice Fitz Gerald Gentleman; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 8th Day of this Instant May, made in a Cause wherein the Appellant was Plaintiff, and Christopher Eustace Gentleman Defendant; and praying, "That the same, and all subsequent Proceedings had thereon, may be reversed:"

It is Ordered, That the said Christopher Eustace may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Friday the 30th Day of June next; and that Service of this Order on the said Respondent's Clerk in Court in the said Court of Chancery in Ireland be deemed good Service.

Sir Robert Sutton & al. to restrain from going out of the Kingdom, Bill.

Counsel (according to Order) were called in, to be further heard, upon the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

And the Counsel for Benjamin Robinson produced Mr. Richard Combes, who was not Yesterday attending; and he was sworn, and examined in relation to the said Robinson's going into Spain last Summer, and when, what Engagements he is under of returning thither again, and how long it will be requisite for him to continue there.

Which done; the Counsel for the Bill desired Leave to make it appear, "That William Squire absconded, and could not be found; and to clear up some Facts, which they conceived were misrepresented in the Defence; and to prove Mr. Burroughs to be active in the Committee of Accompts."

And thereupon Mr. Venables was produced, and examined, as to any, and what, Inquiry had been made after Mr. Squire.

And then His Majesty's Proclamation for apprehending him was read.

And the Security given for Mr. Wainwright's Behaviour was read.

As also Instructions to the Officers of the Corporation, as to their shewing the Books.

Then John Phillips was produced, sworn, and examined, in relation to the Times of Mr. Edwin's going and staying out of Town last Summer.

Also the Brother of the said Mr. Edwin was sworn, and examined as to their going to the Office of the said Corporation, in order for the Inspection of the Books; and whether any, and what, Refusal was given them.

Then the Counsel were directed to withdraw.

Conference on the Bankrupts Bill.

The House being informed, "That the Managers of the Conference for the Commons, upon the Subject-matter of the Amendments made by this House to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts," were ready, in the Painted Chamber:"

The Lords following were named Managers for this House; (videlicet,)

And the Names of the said Lords being called over:

The House was adjourned during Pleasure; and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Duke of Greenwich reported, "That the Lords had met the Managers for the Commons, at the Conference; which was managed on their Part by Mr. Gybbon; who acquainted their Lordships, that the Commons do agree to all the Amendments made by this House to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts," except to the Amendment, Press 41, Line 13; to which the Commons disagree:

Commons Reasons for not agreeing to One of the Lords Amendments.

"1st, Because no Provision is made, by your Lordships, for the safe Custody of the Records, when this Act, which is temporary, shall expire.

"2dly, Because it is not probable, though a Law of the like Nature with this should hereafter be made, that the same Person would enjoy such Office; and therefore the Records, by being removed, may be lost or damaged: Whereas the Place proposed by the Commons is an ancient known Office, which will continue on other Accounts, and the Records remain there in Safety, and all Persons know where to find them, notwithstanding the Expiration of this Act.

"3dly, Because it is not likely that such new Officer, who must provide a House, and probably a Deputy, should enrol such Commissions and Proceedings on as easy and reasonable Terms as may be expected from Persons used to such Business, who have an Office provided for them, and whose Fees are as subject to be ascertained by the Lord Chancellor as those of such new Officer proposed by your Lordships.

"The Commons decline, at this Time, offering any other Reasons; believing these may be sufficient to prevail with your Lordships not to insist upon the said Amendment, that a Bill so ne cessary may not be lost."

Which being read, by the Clerk:

It was proposed, "To take the Report of the Conference into Consideration on Monday next."

And the same being objected to:

The Question was put, "Whether the said Report shall be taken into Consideration on Monday next?"

It was Resolved in the Affirmative.

Messages from H. C. with a Bill.

A Message was brought from the House of Commons, by the Lord Viscount Limerick and others:

With a Bill, intituled, "An Act for appointing Commissioners, for taking, stating, and determining, all the Claims and Demands of the Creditors of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and of all Persons claiming any Share or Interest in the Stock or Fund of the said Corporation; and for enabling the said Corporation to name One Person to be an Assignee under the respective Commissions of Bankruptcy awarded against George Robinson and John Thomson; and for enabling the Commissioners acting under the said Commissions of Bankruptcy to proceed, and inquire of the Estates, Goods, and Effects, of the said Bankrupts, and to apply the same; and to oblige John Thomson, Father of the said John Thomson the Bankrupt, to appear before the said Commissioners of Bankruptcy in England;" to which they desire the Concurrence of this House.

Sir Robert Sutton & al. to restrain from going out of the Kingdom, Bill.

The Counsel were again called in, to be further heard, upon the Bill to restrain Sir Robert Sutton Knight of the Bath and others, from going out of the Kingdom; and for other Purposes.

And the Counsel for the Bill offered to read Entries in the Books of the Committee of Accompts, to shew that Sir Robert Sutton, Sir Archibald Grant, and Denis Bond Esquire, were present at that Committee.

And thereupon an Entry of the 28th of April 1727, directing, "That all the Gentlemen appointed of Committees should be of the Committee of Accompts," was read; as also the Names of the Persons present at several subsequent Committees of Accompts, in the Months of November, January, and February following.

Which done; the Counsel for the Bill were both heard, by Way of Reply.

Then the Counsel were directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow; the Lords to be summoned; and the Judges to attend.

Commssioners to determine Claims on the Charitable Corporation Bill.

The Bill this Day brought from the House of Commons, to take, state, and determine, the Claims and Demands of the Creditors of the Charitable Corporation, and other Purposes, was read the First Time.

Ordered, That the said Bill be read a 2d Time on Monday next; and that it be in the mean Time printed.

Nevis and St. Christopher's Debentures, Bill.

The Order of the Day, made the 28th of April last, for the House to be in a Committee upon the Bill to empower the Commissioners of the Treasury to make forth Standing Orders, in Lieu of Nevis and St. Christopher's Debentures, and for other Purposes, being read:

It is Ordered, That the House be put into a Committee thereupon, on this Day Fortnight.

Adjourn.

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

DIE Sabbati, 27^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Mr. Wight, who executes the Office of Reading Clerk, to be recommended to His Majesty.

The House was informed, "That the Profits arising to Mr. Joseph Wight, who executes the Office of Reading Clerk in this House, are not a sufficient Compensation for his great Pains and diligent Attendance."

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor be, and is hereby, desired specially to recommend the said Mr. Joseph Wight to His Majesty, "That He would be graciously pleased to consider him, for his great Pains and diligent Attendance in the Execution of the Office of Reading Clerk in this House."

E. of Strafford's Privilege;

A Petition of Robert Crabbe, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege, in breaking down a Fence belonging to a Piece of Ground in the Possession of the Earl of Strafford, and putting Horses therein, was presented, and read; expressing his Concern for his Offence, begging Pardon for the same, promising never to offend again in the like Kind; and praying to be discharged.

Crabbe to be brought to the Bar.

Ordered, That the Petitioner be brought to the Bar of this House, on Tuesday next, in order to his Discharge, paying his Fees.

Sir R. Sutton & al. to restrain from going out of the Kingdom, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson Gentlemen, Richard Woolley and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself, at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act."

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

And the Earl of Westmorland reported from the said Committee, "That they had gone through the Bill, and made several Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received on Monday next; and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum diem instantis Maii, hora duodecima, Dominis sic decernentibus.

DIE Lunæ, 29^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

King's Answer to the Application for Mr. Wight.

The Lord Chancellor acquainted the House, "That he had, pursuant to their Lordships Order on Saturday last, specially recommended Mr. Joseph Wight to His Majesty, that he may be rewarded for his great Pains and diligent Attendance in the Execution of the Office of Reading Clerk in this House; and that His Majesty was pleased to say, He will give Directions accordingly."

The several Orders of the Day were read.

Yorkshire Cloth, Bill.

Ordered, That the House be put into a Committee upon the Bill for making more effectual an Act of the 11th Year of His late Majesty's Reign, for the better regulating the Manufacture of Cloth in the West Riding of the County of York, To-morrow Sevennight.

Lords insist on their Amendment to the Bill for disarming The Highlands:

The House (according to Order) proceeded to take into Consideration the Report of the Conference had with the Commons on Wednesday last, upon the Subjectmatter of the Amendments made by this House to the Bill, intituled, "An Act for continuing an Act of the Eleventh Year of His late Majesty's Reign, intituled, An Act for more effectual disarming The Highlands, in that Part of Great Britain called Scotland; and for the better securing the Peace and Quiet of that Part of the Kingdom."

And the said Report was read, by the Clerk.

Ordered, That this House doth insist on their Amendment to the said Bill, to which the Commons disagreed.

Committee to draw Reasons for it:

Ordered, That the Managers of the former Conference be appointed a Committee, to prepare Reasons to be offered to the Commons, at a Conference, for the Lords insisting on the said Amendment:

Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings; and to adjourn as they please.

The House was adjourned during Pleasure; and the Committee withdrew.

After some Time, the House was resumed.

Reasons reported, and agreed to:

And the Lord Viscount Falmouth reported from the said Committee, Reasons drawn by them, for insisting on the said Amendment, as follow:

"The Lords having taken into Consideration the Reasons given by the Commons, at a Conference, on Wednesday last, for their disagreeing to One of the Amendments made by their Lordships to the Bill in relation to the disarming The Highlands; their Lordships do insist on their said Amendment:

"1st, Because the whole Foundation of this Bill is, to render the Inhabitants of The Highlands more civilized, and to induce them to live in the like Manner as the rest of His Majesty's Subjects.

"2dly, Because the Highland Dress has been One of the chief Reasons why the Peace of that Part of the Kingdom has been so often broke, and so many Injuries done to the Country adjoining to The Highlands, by its being so commodious for marching, and lying Abroad in the Fields.

"3dly, It is much easier for the Inhabitants of The Highlands to be guilty of Insurrections and Disturbance of the Public Peace, when they wear the Highland Habit, than if they were dressed in the like Manner as the rest of the Kingdom.

"4thly, Because this Clause is confined to Gentlemen, and others, who have no Pretence to any Necessity of wearing the said Habit."

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

Ordered, That these Reasons be offered to the Commons, at a Conference.

Message to H. C. for the Conference.

And a Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:

To desire a present Conference with that House, in the Painted Chamber, upon the Subject-matter of the Amendments made by this House to the last mentioned Bill.

Bankiupts Bill; Lords insist upon their Amendment to it:

The House also (according to Order) took into Consideration the Report of the Conference with the House of Commons, on Friday last, upon the Subject-matter of the Amendment made by their Lordships to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

And the said Report being read, by the Clerk:

Ordered, That this House doth insist upon their Amendment to the said Bill, to which the Commons disagreed.

Reasons to be drawn for it.

Ordered, That the Managers of the former Conference be appointed a Committee, to prepare Reasons to be offered to the Commons, at a Conference, for the Lords insisting on their Amendment.

Ordered, That the Lords following be added to the said Committee:

Their Lordships, or any Five of them; to meet To-morrow, at the usual-Time and Place; and to adjourn as they please.

Commissioners to determire Claims on the Charitable Cciporation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, for taking, stating, and determining, all the Claims and Demands of the Creditors of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest; and of all Persons claiming any Share or Interest in the Stock or Fund of the said Corporation; and for enabling the said Corporation to name One Person to be an Assignee under the respective Commissions of Bankruptcy awarded against George Robinson and John Thomson; and for enabling the Commissioners acting under the said Commissions of Bankruptcy to proceed, and inquire of the Estates, Goods, and Effects, of the said Bankrupts, and to apply the same; and to oblige John Thomson, Father of the said John Thomson the Bankrupt, to appear before the said Commissioners of Bankruptcy in England."

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

Conference on the Lords Amendment to the Bill for disarming The Highlands.

The Messengers sent to the House of Commons acquainted the House, "That they do agree to a present Conference, as desired."

Ordered, That the Managers of the former Conference be the Managers of this Conference.

Then their Names being called over:

The House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

And the Lord President reported, "That the Managers had met the Commons, at the Conference; and delivered their Lordships Reasons, as directed; and also left the Bill and Amendments with them.

Sir R. Sutton & al. to restram from going out of the Kingdom, Bill:

The Earl of Westmorland (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice by the Clerk, and with some Amendments to One of their Lordships Amendments, were agreed to by the House.

Then it was proposed, "To read the Bill the Third Time."

Which being objected to:

After Debate;

The Question was put, "Whether the said Bill shall be now read the 3d Time?"

It was Resolved in the Affirmative.

Accordingly the said Bill was read the 3d Time.

And the Question being 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. Edwards:

To acquaint them, that the Lords have agreed to the said Bill, with several Amendments, whereunto their Lordships desire their Concurrence.

Adjourn.

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

DIE Martis, 30^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Murphy against Brown.

The Answer of William Brown an Infant, Brother and Heir at Law of Hugh Brown an Infant, late of Cork, in the Kingdom of Ireland, deceased, and also Heir at Law of Mary Brown his Mother, also deceased, by his Guardian and Father William Brown, to the revived Appeal in the Name of Samuel Murphy, alledged to be Son and Heir of Samuel Murphy, late of Cork, in the Kingdom of Ireland, deceased, was brought in.

E. of Strafford's Privilege; Crabbe discharged.

Robert Crabbe, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Earl of Strafford, was (according to Order) brought to the Bar, by the said Serjeant; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his Offence, was discharged out of Custody, paying his Fees.

Vexatious Arrests, to prevent, Bill.

Ordered, That the House be now put into a Committee upon the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act to prevent frivolous and vexatious Arrests."

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

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 One Amendment thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be now received.

Accordingly his Lordship reported the said Amendment.

And the same, being read Twice by the Clerk, was agreed to by the House.

Acherley against Acherley.

Upon reading the Petition and Appeal of Thomas Acherley Esquire; complaining of a Decree of Dismission of the Court of Exchequer, of the 19th of February 1730, made in certain Causes, wherein Anne Acherley was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be reversed, and such other Order made for the Appellant's Relief as to this House shall seem meet:"

It is Ordered, That the said Anne Acherley 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 13th Day of June next.

The House being moved, "In regard the Appellant resides at a great Distance, that one Mr. Thomas Acherley, his Kinsman, may be permitted to enter into a Recognizance for him:"

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

Commissioners for determining Claims on the Charitable Corporation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for appointing Commissioners, for taking, stating, and determining, all the Claims and Demands of the Creditors of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest, and of all Persons claiming any Share or Interest in the Stock or Fund of the said Corporation; and for enabling the said Corporation to name One Person to be an Assignee under the respective Commissions of Bankruptcy awarded against George Robinson and John Thomson; and for enabling the Commissioners acting under the said Commissions of Bankruptcy to proceed, and inquire of the Estates, Goods, and Effects, of the said Bankrupts, and to apply the same; and to oblige John Thomson, Father of the said (fn. 1) John Thomson the Bankrupt, to appear before the said Commissioners of Bankruptcy in England."

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 some 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 Tomorrow.

Adjourn.

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

DIE Mercurii, 31^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the Bill to restrain Sir R. Sutton & al. from going out of the Kingdom.

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

To return the Bill, intituled, "An Act to restrain Sir Robert Sutton Knight of the Bath, Sir Archibald Grant Baronet, Denis Bond, William Burroughs, Esquires, George Jackson, Benjamin Robinson, Gentlemen, Richard Woolley, and Thomas Warren, from going out of this Kingdom, for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering their Estates and Effects, and to prevent the transporting or alienating the same; and to oblige William Squire to surrender himself at a Time and Place mentioned in the Act, and to give Security for his not going out of this Kingdom for the Space of One Year, and until the End of the then next Session of Parliament; and for discovering his Estate and Effects, and to prevent the transporting or alienating the same; and for committing the aforesaid William Burroughs to the Prison of The Fleet, until he shall have complied with the Directions of this Act;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

Lords Reasons for insisting on an Amendment to the Bankrupt Bill:

The Lord Delawarr reported from the Lords Committees appointed to draw Reasons for the Lords insisting on One of their Amendments to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts;" "That they had drawn up Reasons accordingly, as follow:

"The Lords having taken into Consideration the Reasons given by the Commons, at a Conference, on Friday last, for their disagreeing to One of the Amendments made by their Lordships to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts;" their Lordships do insist on their said Amendment:

"1. Because the Proceedings on Matters of Bankruptey are not properly Proceedings of the Court of Chancery, to which the Office of Enrolment belongs, but are summary Proceedings before the Lord Chancellor only; and therefore it is most reasonable his Lordship should have the Appointment of the Officer who is to keep the Records of such Proceedings.

"2. Because there is sufficient Power and Authority in the Lord Chancellor, to give proper Orders for the Security of such Records, in case this Act, which is temporary, should not be continued.

"3. Because the Provision made by the Lords Amendment is only reviving and continuing the Method prescribed by the former Act; and no Complaint has ever been made of any of the Inconveniencies mentioned in the Reasons of the Commons.

"The Lords are of Opinion, That these Reasons are sufficient to prevent so necessary a Bill from being lost."

Which Report, being read by the Clerk, was agreed to by the House.

Ordered, That these Reasons be offered to the Commons, at a Conference.

Message to H C for the Conference.

And a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Edwards:

To desire a Conference with that House, at Two a Clock, in the Painted Chamber, upon the Subjectmatter of the Amendments made by this House to the Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts."

Ordered, That the Committee appointed to draw the said Reasons be the Managers of the Conference.

Commissioners for determining Claims on the Charitable Corporation Bill:

The Lord Delawarr (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for appointing Commissioners, for taking, stating, and determining, all the Claims and Demands of the Creditors of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges, at legal Interest, and of all Persons claiming any Share or Interest in the Stock or Fund of the said Corporation; and for enabling the said Corporation to name One Person to be an Assignee under the respective Commissions of Bankruptcy awarded against George Robinson and John Thomson; and for enabling the Commissioners acting under the said Commissions of Bankruptcy to proceed, and inquire of the Estates, Goods, and Effects, of the said Bankrupts, and to apply the same; and to oblige John Thomson, Father of the said John Thomson the Bankrupt, to appear before the said Commissioners of Bankruptcy in England," was committed, the Amendments made by the Committee to the said Bill.

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

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill, with the Amendment, 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 the former Messengers:

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

Vexations Arrests, to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, 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 an Amendment to it.

A Message was sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.

Respondents peremptorily to answer the Marchioness of Annandale's Appeal.

The House was informed, "That Henrietta Countess of Hoptoun, Charles Earl of Hoptoun, and John Lord Hope, who, by Order of the 26th of January last, were required to put in their Answer or respective Answers to the Appeal of Charlotta Marchioness Dowager of Annandale and Sir James Johnstoun Baronet on or before the 23d Day of February following, have neglected so to do, though duly served with the said Order for that Purpose."

And thereupon an Affidavit, made by Hugh Macdonald Writer in Edinburgh, of the due Service of the said Order, being read:

It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Blackwood's Appeal, referred to a Committee.

An Appeal of Robert Blackwood of Pittreavie Esquire, was presented to the House, and read; complaining of several Interlocutors, as well of the Lord Ordinary as the Lords of Session in Scotland, on the Behalf of Colonel John Arcskine and others; and praying, "That the same may be reversed, and the Appellant relieved."

Ordered, That the said Appeal be referred to the Lords following; who are appointed a Committee, to consider thereof, and report to the House whether the same be regularly and properly brought; (videlicet,)

Their Lordships, or any Five of them; to meet at the usual Time and Place, To-morrow; and adjourn as they please.

Charter, &c. of the Charitable Corporation returned:

Ordered, That the Charter granted to the Charitable Corporation, the several Licenses for increasing their Capital, together with the Books belonging to the said Corporation, which were laid before this House, be returned to the Agent, or Officer, who brought the same.

Letters desired by Sir R. Sutton, returned to the Commons.

A Message was sent to the House of Commons, by the former Messengers:

To acquaint them, "That the Lords having agreed to the Bill to restrain Sir Robert Sutton and others from going out of the Kingdom, and for other Purposes; their Lordships have returned the several Letters (laid before them by that House) from Mr. Robert Arbuthnot to the said Sir Robert Sutton, as was desired."

Message from H. C. to return the Bill for preventing frivolous Arrests.

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

To return the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, "An Act to prevent frivolous and vexatious Arrests;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Conference concerning the Bankrupts Bill.

The Messengers sent to the House of Commons, to desire a Conference at Two a Clock, acquainted the House, "That the Commons do agree to a Conference, as desired."

The House being informed, "That the Managers of the Conference for the Commons were ready, in the Painted Chamber:"

The Names of the Managers for the Lords were called over.

And the House was adjourned during Pleasure; and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Earl of Scarbrough reported, "That the Lords had met the Managers for the Commons, at the Conference; and delivered to them the Reasons for insisting on One of the Amendments made by this House to the Bill to prevent the committing of Frauds by Bankrupts; and had left the Bill and Amendments with the Commons."

Devereux against Phelan.

After hearing Counsel, upon the Petition and Appeal of Robert Devereux Esquire; complaining of a Decree of the Court of Exchequer in Ireland, the 13th of May 1719, and of several subsequent Orders, of the 4th of July, 29th of November, and 11th of February, 1729, and the 27th of January and 24th of February 1730, made in a Cause wherein Richard Phelan deceased was Plaintiff, and the Appellant and others were Defendants; and praying, "That the said Decree and Orders may be reversed, and the Appellant relieved, as this House in their great Wisdom shall think fit:" As also upon the Answer of Mathias Phelan, Second Son and Administrator with the Will annexed of the said Richard Phelan, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decree and Orders reversed, &c.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree and Orders complained of in the said Appeal be, and the same are hereby, reversed; and that the Original and Supplemental Bills in the Appeal mentioned, exhibited by the said Richard Phelan against the Appellant, be, and are hereby, dismissed without Costs.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Junii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.