House of Lords Journal Volume 24: May 1733, 21-31

May 1733, 21-31

DIE Lunæ, 21^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

L. Craven, Privilege:

Complaint being made to the House, and Oath made at the Bar, "That Abraham Broad of Andover, and Robert Vidler, did, within the Time of Privilege of Parliament, arrest Gideon Elliot, a menial Servant of the Lord Craven, at the Suit of Francis Page, in Breach of the Privilege of this House:"

Broad & al. to be attached, for arresting Elliot, his Servant.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Abraham Broad, Robert Vidler, and Francis Page, and bring them to the Bar of this House, to answer for their Offences; and this shall be a sufficient Warrant on that Behalf.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Merchants, &c. of Liverpool, against River Dee Bill:

Upon reading the Petition of several Merchants and Traders in the Town and Port of Liverpool, in the County Palatine of Lancaster; praying to be heard, by Counsel, against the Bill to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester:

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, as desired, before the said Committee; as may also Counsel be heard for the Bill, at the same Time.

Cheesemongers;

Upon reading the Petition of divers Cheesemongers and Importers of Cheese, in and about the Cities of London and Westminster, on Behalf of themselves and many others, Cheesemongers, and Importers of Cheese from the Ports of Liverpool and Chester into the City of London:

and Masters of Ships.

As also, upon reading the Petition of several Masters of Ships and Traders, living at or near Park Gate, in the County Palatine of Chester; praying, "That they may be severally heard, by Counsel, against the Bill abovementioned, before the same do pass:"

It is Ordered, That the said Petitions be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, as desired, before the said Committee; and that the House be put into a Committee on the said Bill, on Friday next.

Bastard Children, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Relief of Parishes, and other Places, from such Charges as may arise from Bastard Children born within the same."

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

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Sir Nathaniel Curzon and others:

With a Bill, intituled, "An Act for the better regulating the Proceedings of Ecclesiastical Courts, within that Part of Great Britain called England, Dominion of Wales, and Town of Berwick upon Tweed;" to which they desire the Concurrence of this House.

Messages from thence, to return E. Cowper and Sir G. Oxenden's Bill;

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

To return the Bill, intituled, "An Act for confirming an Exchange agreed to be made, between William Earl Cowper and Sir George Oxenden Baronet, of certain Lands and Hereditaments in the County of Kent;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Henley's Bill;

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estates of Anthony Henley Esquire in Trustees, to be sold, for Discharge of the several Debts and Incumbrances affecting the same; and for making a further separate Provision for the Lady Elizabeth his Wife, during their joint Lives;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Cholmondeley's Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Estate of Charles Cholmondeley Esquire, in the County of Chester, in Trustees, to be sold, to raise Money, for the Payment of Debts, and other Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The House proceeded to take the said Amendments into Consideration.

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

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

Burk, Agent for the Respondents to Sir T. Prendergast's Appeal, examined.

Mr. Burk, Agent or Solicitor for Joseph Oshaghnassy and Francis Enraght, Respondents to the Appeal of Sir Thomas Prendergast, attending (according to Order):

He was called in, and examined, why he did not deliver the printed Cases to the Clerk, as is required by the Standing Order.

And he thereupon acquainted the House, "That he did not receive the Respondents Papers till Thursday last, which were brought over from Ireland, and delivered to him by one Philip Boss:"

Who appearing at the Bar, and attesting, upon Oath, the Truth of the said Information.

They were directed to withdraw.

Evelyn against Evelyn.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents:

And the Appellants Counsel being heard accordingly, and several Proofs on their Part read:

As also One Counsel for the Respondents:

They were directed to withdraw.

And being withdrawn:

It is Ordered, That the further hearing the said Cause be put off till To-morrow; and that the Cause wherein John Vernon Esquire and others are Appellants, and the City of Dublin Respondents, be put off till Tomorrow Sevennight.

Ballast Bill.

Ordered, That the House be put into a Committee upon the Bill, intituled, "An Act for the better Regulation of Lastage and Ballastage in the River Thames," on Wednesday next, when Counsel as well for as against the same are to be heard.

Adjourn.

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

DIE Martis, 22^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Evelyn against Evelyn.

Counsel (according to Order) were called in, to be further heard, in the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents.

And the Second Counsel for the Respondents having been heard accordingly:

Mr. Attorney General acquainted the House, "That the Parties had been treating for an Agreement; and that the Matters in Difference were likely to be accommodated; and that, if they were indulged with a little Time, in all Probability, an Agreement would be reduced into Writing, and settled."

Which not being objected to, or contradicted, by the Appellants Counsel:

They were directed to withdraw.

Moved, "To adjourn the further Hearing of the said Cause till Friday next."

Proposed, "To call in the Counsel again, and hear the Appellants Counsel by Way of Reply."

Which being agreed to:

The Counsel were again called in.

And the Lord Chancellor acquainted the Appellants Counsel with what the House had directed.

Whereupon the Appellants Counsel intimated to the House, "That all the Parties who were of Age, and capable of coming to an Agreement, had agreed; but, if it were their Lordships Pleasure to proceed further at present, he would endeavour to reply in an adversary Manner."

The Counsel were a Second Time directed to withdraw.

Moved, "To adjourn the further Hearing of this Cause till Friday next."

The same was ordered accordingly.

Against counterseiting Broad Pieces, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the coining or counterfeiting any of the Gold Coins commonly called Broad Pieces."

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

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

Amending Act for Regulation of Attornies and Solicitors, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, An Act for the better Regulation of Attornies and Solicitors."

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

And the Lord Viscount Falmouth 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 received Tomorrow.

Ecclesiastical Courts, regulating, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better regulating the Proceedings of Ecclesiastical Courts, within that Part of Great Britain called England, Dominion of Wales, and Town of Berwick upon Tweed."

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

Adjourn.

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

DIE Mercurii, 23^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lewis against Turner & al.

The Answer of Elias Turner, Jacob Sawbridge, Sir George Caswall, Robinson Knight, and Sir Henry Blunt, to the Appeal of Percival Lewis, was brought in.

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

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

To return the Bill, intituled, "An Act to enable Richard Child Esquire (commonly called Lord Castlemain) and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in the Possession of the Estates therein limited, to take and use the Surname of Tylney;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Against removing Suits from inferior Courts, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further avoiding vexatious Delays, caused by removing Actions and Suits out of inferior Courts.

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

Sir T. Prendergast against Oshaghnassy, &c.:

The House being informed, "That a Person attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Sir Thomas Prendergast Baronet is Appellant, and Joseph Oshaghnassy and Francis Enraght are Respondents:"

Pleadings proved.

He was called in; and delivered the said Proceedings, at the Bar; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Office in Ireland."

And then he was directed to withdraw.

Folie against Green: Pleadings proved.

One Bryan Reynolds, also attending, was called in; and delivered, at the Bar, certain Proceedings, in the Cause wherein Edward Folie Gentleman is Appellant, and Benjamin Green Esquire Respondent; and, being sworn, made the like Attestation.

And then he withdrew.

Amending Act regulating Attornies and Solicitors, Bill.

The Lord Viscount Falmouth (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, An Act for the better Regulation of Attornies and Solicitors," was committed, the Amendment made by the Committee to the said Bill.

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

Bastard Children, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Relief of Parishes, and other Places, from such Charges as may arise from Bastard Children born within the same."

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

And the Lord Viscount Falmouth 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 the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Ballast Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the better Regulation of Lastage and Ballastage in the River Thames."

Divers Persons were called in, and sworn, in order to be examined before the said Committee.

And then they withdrew.

And the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had met upon the said Bill, and made some Progress in the Matter to them referred; and desired another Time may be appointed, to proceed further therein."

Ordered, That the House be put into a Committee again, to proceed further in the Matter to them referred, on this Day Sevennight, at Twelve a Clock.

Number of Causes to be heard this Session, limited.

Ordered, That the Cause wherein the Duke of Roxburgh is Appellant, and James Wauchope of Edmonston Respondent, which stands for an Hearing To-morrow, be put off to that Day Sevennight; and that no more Causes than that and the Three next in Course be heard during this Session of Parliament.

Kinderley to attend.

Ordered, That Nathaniel Kinderley do attend this House, on Friday next, in order to be examined, as a Witness, before the Committee of the whole House to whom the Bill for preserving the Navigation of the River Dee stands committed.

Adjourn.

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

DIE Jovis, 24^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bastard Children, Bill.

The Lord Viscount Falmouth (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the Relief of Parishes, and other Places, from such Charges as may arise from Bastard Children born within the same," was committed, the Amendments made by the Committee to the said Bill.

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

Against counterseiting Broad Pieces, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent the coining or counterfeiting any of the Gold Coins commonly called Broad Pieces."

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. Thomas Bennet and Mr. Elde:

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

Reviving and continuing Laws, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for continuing an Act for regulating the Manufacture of Cloth in the West Riding of the County of York, except a Clause therein contained; and for continuing an Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and to prevent the cutting or breaking down the Bank of any River, or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine on the Northern Borders of England; and for reviving and continuing certain Clauses in Two other Acts, made for the same Purpose."

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 Saturday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Amending Act for regulating Attornies and Solicitors, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, An Act for the better Regulation of Attornies and Solicitors."

And the Question was put, "Whether this Bill, with the Amendment, 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 return the said Bill; and acquaint them, that the Lords have agreed to the same, with One Amendment, whereunto their Lordships desire their Concurrence.

Messages from thence to return the Bill for Claimants under late L. Bingley's Will to make Leases;

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

To return the Bill, intituled, "An Act to enable the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Basil Hamilton's Bill.

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

To return the Bill, intituled, "An Act to restore Bazil Hamilton in Blood;" and to acquaint this House, that they have agreed to the same, without any Amendment.

The House was adjourned during Pleasure.

The House was resumed.

S. S. Company's Accompt considered.

The House (according to Order) proceeded to take into Consideration the Return of the South Sea Company, with an Accompt of what Sums of Money, South Sea Stock, and South Sea Annuities, have been received from the Trustees for Sale of the Estates of the late Directors and others, in Pursuance of the Act of Parliament of the 13th of His late Majesty; distinguishing the Times of such Receipts, and the Application thereof, and the Resolution and Order of the General Court of the said Company in relation thereunto.

And the same being read, by the Clerk:

It was moved, "To resolve, That it appears to this House, by the said Accompt, that the Sum of £. 1,474,426. 6s. 4d. in Money, and Effects valued equal with Money, was paid over, by the Trustees, to the Court of Directors, the 18th of December 1729; but was not entered in the Company's Cash Book till the 29th of April 1732."

Which being objected to, and a Question stated thereupon:

After Debate, and other Propositions made;

The previous Question was proposed, and put, "Whether that Question shall be now put?"

It was Resolved in the Negative.

Then it was also moved, "To order, that the Directors of the South Sea Company do lay before this House, an Accompt of the Money vested by the Act of the 2d Year of His present Majesty in the South Sea Company, which was paid over, by the Trustees, to the said Company, the 18th of December 1729; with an Accompt to what Uses, and in what Manner, so much thereof as was issued between the said 18th of December and the 29th of April 1732 was applied; distinguishing the particular Sum and Sums, and what the Remainder of the said Money amounted to, which on the said 29th of April was transferred to the general Cash of the Company; and to what Uses, and in what Manner, the same has been applied."

Which being likewise objected to;

And a Question stated thereupon:

It was proposed, "To call in, and examine, Mr. De Gols, the Cashier of the South Sea Company."

But the previous Question being proposed, and put, "Whether the last mentioned Question shall be now put?"

It was Resolved in the Negative.

Agreed, to call in the said Mr. De Gols, Cashier of the South Sea Company, in order to examine him in relation to the Accompt now under Consideration.

And he was called in accordingly; and examined, upon Oath, at the Bar.

And then he was directed to withdraw.

Also Mr. Read, Accomptant to the said Company, was called in; and examined, upon Oath, at the Bar, in relation to the same Matter.

And withdrew.

And the Directors of the South Sea Company were ordered to lay before this House, forthwith, the Accompt before moved for:

And also, "An Accompt, shewing how much the several Dividends on South Sea Stock and Annuities exceed the Income from the Government for Interest on the whole Capital of the Company, from Christmas 1721, to Christmas 1727, both inclusive; and from what those Extra Dividends were made."

And likewise, "An Accompt of what Interest has been paid upon South Sea Bonds, from Lady-day 1721, to Lady-day 1732."

Then it being moved, "That the further Consideration of this Matter be adjourned to Tuesday next:"

The same was ordered accordingly; and the Lords to be summoned.

Adjourn.

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

DIE Veneris, 25^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Bastard Children, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act, for the Relief of Parishes and other Places, from such Charges as may arise from Bastard Children born within the same."

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. Allen and Mr. Spicer:

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

Applying the Sinking Fund, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act for enabling His Majesty to apply Five Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-three; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for enabling His Majesty, out of the Monies arisen by Sale of Lands in the Island of St. Christopher, to pay the Sum of Eighty Thousand Pounds for the Marriage Portion of the Princess Royal, and Ten Thousand Pounds to the Trustees for establishing the Colony of Georgia in America; and for making good all Deficiencies and Charges by taking of Broad Pieces into the Mint out of the Coinage Duty; and for appropriating the Supplies granted in this Session of Parliament; and for issuing to the Sub-dean, Treasurer, and Steward, of the Collegiate Church of St. Peter, Westminster, out of the Monies reserved for building Fifty New Churches within the Cities of London and Westminster, and the Suburbs thereof, and for making Provisions for the Ministers of the same, Four Thousand Pounds for the Repair of the said Collegiate Church, and Twelve Hundred Pounds for finishing the Dormitory belonging thereunto;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be read a Second Time on Wednesday next; and the Lords to be summoned.

Evelyn & al. against Evelyn & al.:

This Day being appointed, for the further Hearing of the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents:

Counsel were accordingly called in.

And Mr. Solicitor General, on the Part of the Appellants, acquainting the House, "That all the Parties capable of consenting were come to an Agreement; and that the same was put into Writing, and signed by them; and submitted it to their Lordships, if the same was thought proper, to dismiss the Appeal, but without Prejudice to the bringing another, in case an Act of Parliament be not obtained as in the Agreement mentioned."

Whereupon Mr. Attorney General, on the Part of the Respondents, admitting there was such an Agreement signed by them:

The Counsel were directed to withdraw.

And the said written Agreement was read, by the Clerk, as follows:

Agreed, That the whole Estates comprized in the Recovery and Deed of the 20th of October One Thousand Six Hundred and Ninety-eight, to lead the Uses thereof, and in the Deeds of Lease and Release of the 20th and 21st of October One Thousand Six Hundred and Ninety-eight, mentioned in the Pleadings in this Cause, whereof the greatest Part is settled on Mrs Boone in Jointure, and in her Possession, and the Residue, being Ninety-one Pounds Five Shillings per Annum, in the Possession of Mr. Edward Evelyn, together with the Advowson of the Parish Church of Godstone, in the County of Surrey, be sold to Mr. Boone, for Twenty-four Thousand Pounds, to be paid as soon as an Act of Parliament can be obtained for confirming this Agreement, and proper Conveyances of the said Estates to Mr. Boone and his Heirs shall be executed by all proper Parties: That, out of the said Sum of Twenty-four Thousand Pounds, Mr. Boone and Mrs. Boone his Wife shall be allowed Eight Thousand Pounds for her Jointure, and the Appellants shall have Five Thousand Five Hundred Pounds equally to be divided between them, in Satisfaction of their Portions provided by the Settlement of the 22d of August One Thousand Seven Hundred and Twenty, made on their Father and Mother's Marriage; and the same shall be placed out on Government or Real Security, for their Benefit, during their respective Minorities, or until they shall severally marry, and shall then be paid to them respectively; and if all or any of them shall die before her or their Ages of Twenty-one Years, and unmarried, the Share of such Daughter or Daughters so happening to die shall be paid to her or their respective Executors or Administrators: And that the Sum of One Thousand Five Hundred Pounds shall be allowed to Mr. Boone, for the Mortgage made by George Evelyn the Appellants Grandfather on the said Estate, which was vested in Sir Thomas Pope Blount by Mesne Assignments, and is now vested in Trustees for Mr. Boone: And that One Thousand Pounds more of the said Twenty-four Thousand Pounds be laid out in Lands, and settled on Mr. Richard Evelyn for Life; with Remainder to his First and other Sons in Tail Male; with Remainder to William Glanwill Esquire in Tail Male; with Remainder to Richard Evelyn the Father, and the Heirs of his Body, for his Consent to the Sale of the said Estate; Remainder to the said Edward Evelyn and his Heirs: That the Profits of the said Lands of Ninety-one Pounds Five Shillings per Annum, in the Possession of Mr. Edward Evelyn as aforesaid, and which have been received by him since the Death of the Appellants Father, or which shall be received thereout till the said Sale shall be compleated, be applied towards the Costs of all Parties; and that if the same shall not be sufficient for that Purpose, that so much as shall be wanting be paid by the said Edward Evelyn; and that the Residue of the said Purchase-money be invested in a Purchase of Lands and Tenements of Inheritance, to be settled on the Respondent Edward Evelyn for Life; Remainder to Trustees, to preserve contingent Uses; Remainder to his First and other Sons in Tail Male; with such Remainders over and under, and subject to such Powers, Clauses, Provisoes, and Agreements, as are mentioned and contained in the said Deeds of the 20th and 21st of October One Thousand Six Hundred and Ninetyeight, touching the said Estates hereby agreed to be sold; and, in the mean Time, till a proper Purchase be found, be placed out at Interest, in the Names of Trustees, upon Trust, to be laid out in such Purchase as aforesaid; and, in the mean Time, the Interest to go to the same Uses as the Profits of the Land to be purchased ought to be applied: That all Parties concerned do join in using their best Endeavours to procure an Act of Parliament, for Sale of the said Estates to the said Mr. Boone, for the said Sum of Twenty-four Thousand Pounds; and for applying the said Twenty-four Thousand Pounds to the Uses, and for the Purposes, aforesaid: That, in the mean Time, Application be made to the Right Ho nourable the House of Lords, that the further hearing this Cause, upon the Appeal, may be adjourned to the next Session of Parliament:"

Dismissed by Cousent.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appeal be, and is hereby, dismissed this House; but without Prejudice to the bringing another hereafter, in case the said Agreement be not persected.

River Dee Navigation Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester:"

Divers Persons were called in, and sworn, in order to be examined before the said Committee.

And withdrew.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had made some Progress in the Matter to them referred; and desired another Time may be appointed, to proceed further therein."

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

Report made to a General Court of the S. S. Company to be laid before the House, and the Inspectors to attend.

Ordered, That the Directors of the South Sea Company do lay before this House, the Report made by the Committee appointed to inspect the several Accompts of the South Sea Company, to the General Court, the 9th Instant; and that the Inspectors who signed the said Report, together with their Secretary and First Clerk, do attend this House on Tuesday next.

Ordered, That such of the late as well as present Directors of the South Sea Company, as are not Members of the House of Commons, do attend this House on Tuesday next.

Denham against Baillie.

Whereas this Day is appointed, for hearing the Cause wherein Archibald Denham of Westshield Advocate is Appellant, and James Baillie Respondent:

It is Ordered, That the hearing the said Cause be put off to this Day Sevennight.

Adjourn.

Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum sextum diem instantis Maii, hora undecima Auroræ, Dominis fic decernentibus.

DIE Sabbati, 26^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Reviving and continuing Laws, Bill.

The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York, except a Clause therein contained; and for continuing an Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and to prevent the cutting or breaking down the Bank of any River, or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine on the Northern Borders of England; and for reviving and continuing certain Clauses in Two other Acts, made for the same Purpose," was committed: That they had considered the said Bill, and examined, the Allegations thereof; and had gone through the said Bill, and made some Amendments thereunto."

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

M. Annandale against L. Hope.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of George Marquis of Annandale and Charlotta Marchioness of Annandale his Mother and Guardian; complaining of several Interlocutors of the Lords of Session in Scotland, to which John Lord Hope is Respondent.

And the Appellants Counsel being heard accordingly, and several Proofs on their Part read:

Counsel were directed to withdraw.

And being withdrawn:

It is Ordered, That the further Hearing of this Cause be adjourned to Monday; and that the Judges do then attend; and that the Cause appointed for that Day be put off to Friday next; and the Cause for Friday to the Monday following.

Adjourn.

Dominus King Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ vicesimum octavum diem instantis Maii, hora undecima Auroræ, Dominis fic decernentibus.

DIE Lunæ, 28^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

R. Cowper takes the Oaths.

This Day William Earl Cowper came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

Message from H.C. with a Bill.

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

With a Bill, intituled, "An Act for stating and determining the Demands of the Corporation of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, their Proprietors and Creditors respectively, and for the better securing the Effects belonging to the said Corporation;" to which they desire the Concurrence of this House.

Stock-jobbing to prevent, Bill.

Ordered, That the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing," be committed to a Committee of the whole House, To-morrow.

M. Annandale against L. Hope:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of George Marquis of Annandale and Charlotta Marchioness of Annandale his Mother and Guardian; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 18th and 26th of January and 16th of February 1732/3, made on the Behalf of John Lord Hope; and praying, "That the same may be reversed:" As also upon the Answer of the said Lord Hope put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Interlocutor reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutory of the 16th of February, whereby the Lords of Session found the Casus Amissionis not necessary to be proven in this Process; and also found the Deed by William Marquis of Annandale, which is the Warrant of the Charter under the Great Seal, in the Year One Thousand Six Hundred and Ninety, proven to be of the Tenor libelled by the said Lord Hope, and decern in the Tenor and declare accordingly, be, and the same is hereby, reversed: And it is hereby further Ordered, That the Defender be assoilzed from the Action of proving the Tenor.

Adjourn.

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

DIE Martis, 29^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brandon's Bill.

The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Trustees the unsettled Estates of William Brandon deceased, to be sold, for Payment of a Debt due from him to the Crown; and for applying the Residue of the Money arising by such Sale for the Benefit of his Family," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

York Buildings Company, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for stating and determining the Demands of the Corporation of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, their Proprietors and Creditors respectively; and for the better securing the Effects belonging to the said Corporation."

Return S. S. Company and Inspectors Report delivered.

The House being informed, "That the Secretary to the South Sea Company attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Orders of the 24th and 25th Instant,

"A Return of the said Company, together with the Report of the Committee appointed to inspect the several Accompts of that Company, laid before the General Court the 16th of June last."

And then he was directed to withdraw.

And the Titles of the said Return and Report were read, by the Clerk.

Reviving and continuing Laws, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making perpetual the several Acts therein mentioned, for the better Regulation of Juries; and for continuing the Act for regulating the Manufacture of Cloth in the West Riding of the County of York, except a Clause therein contained; and for continuing an Act for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and for other Purposes therein mentioned; and to prevent the cutting or breaking down the Bank of any River or any Sea Bank; and to prevent the malicious cutting of Hop-binds; and for continuing an Act made in the Thirteenth and Fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine on the Northern Borders of England; and for reviving and continuing certain Clauses in Two other Acts, made for the same Purpose."

The Question was put, "Whether this Bill, with the Amendments, 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. Allen and Mr. Edwards:

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

Pet. of Merchants, &c. for the Bill to prevent Stock-jobbing.

Upon reading the Petition of divers Merchants and Traders, whose Names are thereunto subscribed, in Behalf of themselves and others; setting forth, "That they apprehend, if the Bill to prevent the infamous Practice of Stock-jobbing does pass into a Law, it will be of great Benefit to the Petitioners, by preventing great Losses which Traders are now subject to, by giving Credit to Persons in the Way of Trade, who are clandestinely, and unknown to their Creditors, risking their Fortunes in the wicked Practice of Stock-jobbing;" and praying, "That the said Bill may pass into a Law:"

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

Against removing Actions out of inferior Courts, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further avoiding vexatious Delays, caused by removing Actions and Suits out of inferior Courts."

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 he was directed to report, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" to which they desire the Concurrence of this House.

S. S. Company Affairs further considered:

The House (according to Order) proceeded to take into further Consideration the Matter relating to the South Sea Company.

And an Observation contained in the Return of that Company, laid before the House this Day, being read;

Notice was taken, "That it was mentioned in the Inspector's Report, "That the Exceedings of the Dividends made to the Proprietors amounted to £. 1,632,540. 2s. 10¾d.;" whereas, in the said Return, it appears to be near £.300,000. less."

Whereupon Mr. Read, the Accomptant, was called in; and examined, upon Oath, in relation to that Matter; and acquainted the House, "That the Difference was occasioned by the Report going so far back as Christmas 1720; whereas the Return is but from Christmas 1721, to Christmas 1727."

And then he was directed to withdraw.

Ordered, That the further Consideration of the Matter relating to the South Sea Company be put off to Friday next; and the Lords to be summoned.

Ordered, That the Return of the said Company, laid before the House this Day, be forthwith printed.

Ordered, That such of the present Directors of the South Sea Company as are not Members of the House of Commons, and likewise all the Gentlemen that have been in the Direction of that Company since February 1720/21, as are not Members of that House, together with the Cashier, Secretary, and Accomptant, of the said Company, and also the Inspectors who signed the Report made by the Committee appointed to examine the several Accompts of that Company to the General Court the 9th Instant, together with their Secretary and First Clerk, do attend this House on Friday next.

Message to H. C. for some of their Members to attend about them.

Ordered, That a Message be sent to the House of Commons, to acquaint them, "That, the Lords having under their Consideration Matters relating to the South Sea Company, their Lordships do desire, that Sir James Lowther, Sir John Eyles, John Rudge Esquire, Gabriel Roberts Esquire, William Bowles Esquire, Peter Burrell Esquire, George Heathcote Esquire, Edward Rudge Esquire, John Meyrill Esquire, and Thomas Pearse Esquire, Members of that House, may have Leave to attend this House on Friday next."

And a Message was accordingly sent, by the former Messengers.

Causes put off.

Ordered, That the Cause wherein Sir Thomas Prendergast is Appellant, and Joseph Oshaghnassy and Francis Enraght are Respondents, be put off to Monday next; and the Cause on that Day to the Day following.

Stock-jobbing to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing."

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

And the Lord Delawarr reported from the said Committee, "That they had made some Progress in the Bill; and desired another Time may be appointed, for the House to be put into a Committee again, to proceed further therein."

Ordered, That this House shall be put into a Committee, to consider further of the said Bill, on Saturday next.

Part of S. S. Stock to be made Annuities, Bill.

The House being moved, "That the Bill, intituled, An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company," be now read the First Time:"

The same was objected to.

And the Question being proposed, and put, "Whether this House shall be now adjourned till To-morrow, at Eleven a Clock?"

It was Resolved in the Negative.

The Bill last mentioned was accordingly read the First Time.

Ordered, That the said Bill be read a Second Time on Saturday next; and in the mean Time printed.

Adjourn.

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

DIE Mercurii, 30^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

The Lord Delawarr sat Speaker, by virtue of a former Commission.

Commons will send Answer about their Members attending.

The Messengers sent Yesterday to the House of Commons, to desire that they would give Leave that several Gentlemen, who are, or have been, in the Direction of the South Sea Company, and now Members of that House, may have Leave to attend this House on Friday next, acquainted their Lordships, "That the Commons would send an Answer by Messengers of their own."

Messages from H. C. to return the Bill for amending the Act to regulate Attornies and Solicitors;

A Message was brought from the House of Commons, by Sir Nathaniel Curzon and others:

To return the Bill, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled, An Act for the better Regulation of Attornies and Solicitors;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Roberts's Bill;

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

To return the Bill, intituled, "An Act for selling Part of the settled Estate of David Roberts Esquire, for discharging the Debts and Incumbrances of himself and his late Father; and for settling an Equivalent for the same, for the Benefit of the several Persons claiming under his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Asheton's Bill.

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

To return the Bill, intituled, "An Act for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, in Behalf of his Son Thomas Asheton, an Insant, touching the Estate late of Robert Cholmondeley, of Holford, in the County of Chester, Esquire, obligatory on the said Insant; and vesting the said Estate in Trustees, to be sold, for the Purposes therein expressed;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for enlarging the Time for Exportation of Tea;" to which they desire the Concurrence of this House.

Bancroft examined as to serving the Order for S S. Director to attend:

John Bancroft, One of the Doorkeepers, was called in, to give an Account of what he had done, as to the serving the Order of this House, Yesterday, for the Attendance of the present, late, and former, Directors of the South Sea Company.

And he acquainted their Lordships, "That he had delivered the said Order to Mr. Smith, Secretary to the said Company; who told him, he would acquaint the present Directors therewith; but as to the former Directors, he knew not where they were."

Secretary to S. S. Company to attend.

Ordered, That the said Mr. Smith do attend this House To-morrow.

Ballast Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for the better Regulation of Lastage and Ballastage in the River Thames."

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

And the Lord Viscount Falmouth reported from the said Committee, "That they had heard Counsel, and examined Witnesses, as well for as against the Bill; and had gone through the same, 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 received Tomorrow.

Application of the Sinking Fund, &c. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling His Majesty to apply Five Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-three; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for enabling His Majesty, out of the Monies arisen by Sale of Lands in the Island of St. Christopher, to pay the Sum of Eighty Thousand Pounds for the Marriage Portion of the Princess Royal, and Ten Thousand Pounds to the Trustees for establishing the Colony of Georgia in America; and for making good all Deficiencies and Charges by taking of Broad Pieces into the Mint, out of the Coinage Duty; and for appropriating the Supplies granted in this Session of Parliament; and for issuing to the Sub-dean, Treasurer, and Steward, of the Collegiate Church of St. Peter, Westminster, out of the Monies reserved for building Fifty new Churches, within the Cities of London and Westminster, and the Suburbs thereof, and for making Provisions for the Ministers of the same, Four Thousand Pounds for the Repair of the said Collegiate Church, and Twelve Hundred Pounds for finishing the Dormitory belonging thereunto."

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

Motion concerning the Produce of the Sinking Fund:

Then it was moved, "To resolve, That it is the Opinion of this House, That the Produce of the Sinking Fund should be applied, for the future, towards re deeming such Taxes as are most grievous to the Subject, oppressive to the Manufacturer, and detrimental to Trade."

Which being objected to;

And Debate had concerning the same:

Resolved in the Negative.

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Protest against that Resolution.

"Dissentient.

"1st, Because we conceive that it would have been extremely for the Honour of the House, and for the Service of the Public, to have entered this Resolution in our Books, at a Time when we have so far consented, in Compliance with the House of Commons, to a Bill, by which near Half a Million, collected from the Sinking Fund in several Years, is appropriated to the Service of the present Year.

"2dly, Because, the Sinking Fund being composed of the Surplusages of Funds originally granted as Securities to the Creditors of the Public; and these Surplusages arising chiesly from a Reduction to Four per Cent. of the Interest granted them for the most Part at the Rate of Six per Cent.; we cannot but think that this Saving ought to be applied, according to the most inviolable Rules of Equity, and according to the known Design and the repeated and solemn Engagements of Parliament, to a gradual Discharge of the Principal due to these Creditors of the Public, who have parted with a Third of their Revenue in this View, and upon this Confidence.

"3dly, Because we apprehend that the Method of applying large Proportions of the Sinking Fund to the Service of the current Year must, in Effect, perpetuate the Debts and Taxes which lie on the Nation, and is therefore injurious to the Public: Had this whole Fund been strictly applied, from the Beginning, to its proper Use; we think it may be demonstrated, not only that much more of the National Debt might have been discharged, but that those Taxes which are most oppressive to the Poor, and most prejudicial to Trade, might have been already taken off, since upwards of. £. 480,000 per Annum, belonging, as we conceive, to this Fund, has been applied to other Uses.

"4thly, Because we apprehend that it cannot be for the Good of the Nation, nor consequently for the Honour of Parliament, to separate those Interests in the particular Appropriations of the Sinking Fund, which were so wisely and so justy united in the original and general Design of it, the Interest of the Nation, and the Interest of the Proprietors of the Nation's Debts. The former was intended to be cased; and for that Purpose the latter were to be cleared as soon as possible. If it be said, therefore, that the Creditors of the Public do not desire to be cleared any faster than they are in the present Method, nor object to the Application of Part of the Sinking Fund to other Uses; we apprehend, that no Argument, which ought to avail in a House of Parliament, can result from such an Assertion; because we conceive that, in every Instance of this Kind, in every Application of the Sinking Fund, or of any Part of it, we are to look on ourselves as obliged, not only to be just to the Creditors of the Public, but to be careful of the Ease of the People; to keep the particular and general Interests united, as they originally were, not to sever them. If, in Fact, the Creditors of the Public do not object to the Application of such large Proportions of the Sinking Fund to other Uses than to the Payment of the Debts; it may be said, that no Injustice is done them by any such Application, according to the known Maxim, Volenti non fit Injuria; nay, it may be deemed for their private Interest, to have such beneficial Mortgages continued to them as long as possible; and they may desire, therefore, not to be cleared any faster than they are likely to be in the present Method. But we apprehend, that it cannot be for the Interest of the Nation, to have these Mortgages continued any longer than is absolutely necessary to discharge the Debts secured by them; and that we, by Consequence, who are Trustees for the People, ought to desire and endeavour that the Debts may be discharged, and the Load of Mortgages be removed, as soon as possible. In this Manner, Public Faith would be strictly kept; Justice would be done, no Injustice could be done, to the Creditors of the Public. In the other Method, and by diverting such large Portions of the Sinking Fund, if it should be granted that no present Injustice was done to the Proprietors of these public Debts; yet must it be allowed, as we apprehend, that great Injury is done to the Nation, unless it can be proved that the unnecessary Continuation of Debts and Taxes is a National Benefit.

"5thly, Because we conceive that, if the whole Produce of the Sinking Fund were not to be applied to the Discharge of the public Debts, it would be much more for the Ease of Trade, and Advantage of the Nation, that some of those grievous Taxes out of which it arises should cease, than that they should be continued to supply the current Service at Four per Cent. which might certainly be supplied by other Ways at a cheaper Rate. These Taxes are not only grievous in themselves, but almost intolerable by the Manner of collecting them under the Laws of Excise; Laws so oppressive to the Subject, and so dangerous to Liberty, that every Man, who wishes well to his Country, must, in our Opinion, desire to see them put to a speedy End. Most of these Taxes were laid during the Necessity of Two long and expensive Wars, and were granted only for Terms of Years, that so the Principal and Interest of the Loans made on them might be paid off in a certain limited Time. Thus the Nation consented to pay, in some Manner, a Double Tax, in order to avoid the long and uncertain Continuance of such grievous and dangerous Impositions; and, according to the First Design, many of them would have been very near the Expiration of their Term at this Hour. The Wisdom of Parliament, indeed, thought fit afterwards to throw these Taxes, and the Method of discharging the public Debts, into another Form, which now subsists. But we cannot conceive that this was done with a View of continuing our Taxes and our Debts the longer: On the contrary, we are sure it was done in the View of discharging both the sooner; and it is this very View which, we apprehend, must be fatally disappointed, if the present Method of diverting any Part of the Sinking Fund from the Payment of the public Debts be suffered to continue.

"6thly, Because we apprehend that this Method may create the utmost Uncasiness in the Minds of His Majesty's Subjects, and may tend, if not timely prevented by the Wisdom and Authority of this House, to diminish their Affection for His Person and Government. Hitherto, whilst they have laboured under the Weight of Taxes, and groaned under the Oppression of Excise Laws, the Hope of seeing speedily an End of both has been their sole Consolation; but nothing can maintain this Hope, except a due Application of the entire Sinking Fund to the Discharge of those Debts for the Discharge of which these Taxes were intended and given. If some Part of this Fund, therefore, continue to be mortgaged off, and other Parts to be applied to the current Service, even in the Midst of profound Peace; this Hope must sink, and Despair arise in its Stead. We insist with greater Concern and Earnestness on this Point, from our Observation of what has lately passed on the Occasion of Attempts made to extend the cruel and arbitrary Methods practised under the Laws of Excise, and naturally and necessarily, as we apprehend, flowing from them. If any new Law of this Kind had passed elsewhere, we persuade ourselves, it could not have prevailed in this House. But we think it the more incumbent upon us, after such an Attempt, and such National Resentment expressed against it (both which are of public Notoriety), to promote, as effectually as we are able, the Quiet and Happiness of His Majesty's Reign, by cutting off any Hopes or Fears which may be still entertained, that such a Project will some Time or other succeed. And to this good and laudable End we conceive that nothing would have contributed more, than such a solemn Declaration of the Sense of this House as is contained in the Question.

"Bedford.
Shaftesbury.
Litchfield.
Craven.
Bridgewater.
Sunderland.
Gainsborough.
Ker.
Coventry.
W^a & Nottingham.
Gower.
Bruce.
Carteret.
Strafford.
Bathurst.
Masham.
Tweeddale.
Thanet."

River Dee Navigation, Bill.

The next Order of the Day being read, for the House to be put into a Committee again upon the Bill, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester:"

It was proposed, "That the House be adjourned during Pleasure, and put into the said Committee."

The same was objected to; and another Day proposed.

After Debate;

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

It was Resolved in the Affirmative.

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

After some Time spent therein, the House was resumed.

And the Lord Lovell reported, "That the Committee had made a further Progress in the Matter to them referred; and desired another Time may be appointed, for the House to be put into a Committee again, to proceed upon the said Bill."

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

Adjourn.

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

DIE Jovis, 31^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Charitable Corporation Lottery, Bill.

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

With a Bill, intituled, "An Act for appointing Commissioners, to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, according to the Descriptions therein mentioned; and for giving Relief to such Sufferers; and for enforcing the Laws made against Foreign Lotteries; and for empowering the said Commissioners to hear and determine the Claims of such Creditors and Proprietors of the said Corporation as have not made their Claims within the Time limited by an Act made in the last Session of Parliament, for taking, stating, and determining, all the Claims and Demands of the Creditors of the said Corporation, and of all Persons claiming any Interest or Share in the Stock or Fund of the said Corporation;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Brandon's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in Trustees the unsettled Estates of William Brandon deceased, to be sold, for Payment of a Debt due from him to the Crown; and for applying the Residue of the Money arising by such Sale for the Benefit of his Family."

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. Holford and Mr. Elde:

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

Message from thence, with a Bill.

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

With a Bill, intituled, "An Act for the further Encouragement of the Whale Fishery carried on by His Majesty's British Subjects;" to which they desire the Concurrence of this House.

York Buildings Company, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for stating and determining the Demands of the Corporation of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, their Proprietors and Creditors respectively; and for the better securing the Effects belonging to the said Corporation."

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

Norton's Will, Bill:

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

With a Bill, intituled, "An Act to enable certain Persons to propound the Papers importing to be the last Will, Codicils, and Testamentary Schedules, of Richard Norton, late of Southwick, in the County of Southampton, Esquire, deceased, in the Prerogative Court of Canterbury; and to sue for Administration with the same annexed;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Chicheley's Pet. against it:

Upon reading the Petition of Richard Chicheley Esquire, the Reverend William Chicheley, and James Plowden a Minor; alledging, "That, if the Bill last mentioned should pass into a Law, it would be greatly injurious to the Petitioners;" and praying, "That they may be heard, by their Counsel, against the same:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and that the Petitioners may be heard, at the said Second Reading, as desired.

Counsel to be heard for the Bill.

Ordered, That Counsel may be heard for the said Bill, at the same Time; and that Notice be given to Mr. Attorney General of these Orders.

Smith, Secretary to S S. Company, to give Notice to the former Directors.

The House being informed, "That Mr. Smith, Secretary to the South Sea Company, attended:"

He was called in, and heard in relation to the Information given Yesterday by the Doorkeepeer, of what he had done as to the Service of their Lordships Order, for the Attendance of the former Directors of that Company To-morrow.

And being withdrawn:

It was agreed by the House, "That he should be called in again, and directed to serve, or cause the said former Directors to be served, with Notice of their Attendance being required, according to the said former Order."

And he being a Second Time called in:

The Lord Chancellor acquainted him with the Direction of this House accordingly.

And then he again withdrew.

Plunket's Pet. referred to a Committee.

Upon reading the Petition of Justin Plunket Esquire, commonly called Earl of Fingall; setting forth, "That he has an Appeal depending in this House, from several Orders of the Court of Exchequer in Ireland; particularly of an Order for sequestering the Rents of his whole Estate in that Kingdom;" and praying, In regard the said Appeal cannot be heard this Session, that this House will make such Order or Decla ration for the Petitioner's Relief, as to their Lordships great Wisdom and Goodness shall seem meet."

And thereupon the Agents on both Sides being called in, and heard in relation to the said Petition;

And being withdrawn:

It is Ordered, That the said Petition be reserred to the Lords following; whose Lordships, having considered thereof, are to report what they shall think proper thereupon to the House:

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

Sinking Fund, Appropriation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for enabling His Majesty to apply Five Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-three; and for the further Disposition of the said Fund, by paying off One Million of South Sea Annuities; and for enabling His Majesty, out of the Monies arisen by Sale of Lands in the Island of St. Christopher, to pay the Sum of Eighty Thousand Pounds for the Marriage Portion of the Princess Royal, and Ten Thousand Pounds to the Trustees for establishing the Colony of Georgia in America; and for making good all Deficiencies and Charges by taking of Broad Pieces into the Mint, out of the Coinage Duty; and for appropriating the Supplies granted in this Session of Parliament; and for issuing to the Sub-dean, Treasurer, and Steward, of the Collegiate Church of St. Peter, Westminster, out of the Monies reserved for building Fifty new Churches within the Cities of London and Westminster, and the Suburbs thereof, and for making Provisions for the Ministers of the same, Four Thousand Pounds for the Repair of the said Collegiate Church, and Twelve Hundred Pounds for finishing the Dormitory belonging thereunto."

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 directed him to report the same to the House, without any Amendment."

D. Roxburgh against Wauchope:

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Duke of Roxburgh, to which James Wauchope of Edmonston Esquire is Respondent; complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December last.

And One of the said Duke's Counsel being heard; Part of the Extract of the said Proceedings in the Court below, reciting a special Retour, was begun to be read: Which Recital being only a Translation of the said Retour, the same was objected to by Mr. Wauchope's Counsel, as not being proper Evidence.

And it not appearing, by the said Extract, that the Deed of Entail in the Appeal mentioned was produced below:

The Counsel were directed to withdraw.

And, after Debate concerning this Matter:

Hearing adjourned till next Session.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the further Hearing of this Cause be adjourned to the Second Thursday in the next Session of Parliament; and that then both Sides be at Liberty to produce any Deeds, Writings, or Evidence, which were produced before the said Lords of Session.

Commons give Leave for Members to attend about S. S. Affairs.

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

To acquaint this House, "That they have given Leave to Sir James Lowther, Sir John Eyles, John Rudge Esquire, Gabriel Roberts Esquire, William Bowles Esquire, Peter Burrell Esquire, George Heathcote Esquire, Edward Rudge Esquire, John Merrill Esquire, and Thomas Pearse Esquire, Members of their House, to go to the House of Lords, as is desired by their Lordships Message of Yesterday, if the said Members think fit."

Ballast Bill.

The Lord Viscount Falmouth (according to Order) reported from the Committee of the whole House, to whom the Bill, intituled, "An Act for the better Regulation of Lastage and Ballastage in the River Thames," was committed, the Amendment made by the Committee to the said Bill.

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

Adjourn.

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

Hitherto examined by us,
Northampton.
Abingdon.
Oxford & Mortimer.
N. St. Davids.