House of Lords Journal Volume 24: April 1735, 11-20

April 1735, 11-20

DIE Lunæ, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Tregeare's Bill.

The Lord Lovell reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus-money arising by such Sale in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs," 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.

Ordered, That the said Bill, with the Amendments, be engrossed.

Edgar's Bill.

The Lord Lovell also reported from the Lords Committees to whom the Bill, intituled, "An Act for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses," 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 directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Skerrit against Nesbit & al.

A Petition of Mathew Nesbit and others, Respondents to the Appeal of Humphry Skerrit, was presented, and read; praying, "In regard their Papers and Proceedings in this Cause in Ireland are not yet come over, without which it is impossible to lay their Case before this House; that the hearing the said Cause may be adjourned to such Day as to their Lordships shall seem meet:"

And thereupon the Agents on both Sides having been called in; and heard, at the Bar, in relation to the Matter of the said Petition:

And the Appellant's Agent acquainting the House, That his Counsel were attending:"

The said Agents were directed to withdraw.

Ordered, That the Hearing of the said Cause be adjourned to Thursday Sevennight, the 24th Day of this Instant April; and that the Petitioner Mathew Nesbit do pay, or cause to be paid, to the Appellant, the Sum of Twenty Pounds, for the Costs of this Day.

Cantillon to be heard, against Cantillon's Bill.

Upon reading the Petition of Thomas Cantillon Esquire, for himself, and in Behalf of Richard, Thomas, and Caterine Cantillon, his Children, all Infants; praying, "That either he may be inserted in the Bill depending in this House, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned;" and thereby associated to Francis Garvan Esquire, in the same Manner with Mary Anne Cantillon Widow and Henry Furnese Esquire; or else that the said Bill may not pass; and that the Petitioner may be heard, by his Counsel, against the same:"

It is Ordered, That the Consideration of the said Petition be referred to the Committee to whom the said Bill stands committed; and that the Petitioner may be heard, as desired, in relation to the said Bill; and that Counsel may be heard for the Bill, at the same Time.

E. Peterborow, Leave for a Bill:

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

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford."

Edgworth against Edgworth.

Upon reading the Petition and Appeal of Edward Edgworth Esquire; complaining of an Order of the Court of Chancery in Ireland, of the 28th of February last, made in a Cause wherein the Appellant was Plaintiff, and Packington Edgworth Esquire, Mary Edgworth Spinster, and John Damer, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Defendants may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 19th Day of May next; and that Service of this Order upon the Respondents or their respective Attornies or Clerks in the said Court of Chancery in Ireland be deemed good Service.

Visc. Hillsborough's Petition, for Persons to attend on his Bill:

A Petition of Trevor Lord Viscount Hillsborough in the Kingdom of Ireland, was presented, and read; praying, "In regard John Selwin Esquire, a Member of the House of Commons, is a material Witness to make out some of the Allegations of the Bill for dissolving the Marriage of the Petitioner with Dame Mary Denton, and to enable him to marry again; that a Message may be sent to that House, desiring that the said John Selwin may have Liberty to attend, to be examined, as a Witness, at the Bar of this House, upon the said Bill; and that Mr. Edward Rushworth Register of the Arches Court of Canterbury, and Mr. William Skelton Register of the Consistory Court of London, do produce, on the Second Reading of the said Bill, the original Libels, Pleas, Allegations, Proceedings, Interrogatories, Exhibits, and Letter, Depositions, Acts, and Sentences, in the Cause of Divorce lately depending between the Petitioner and the said Dame Mary in the said Courts."

Ordered, That a Message be sent to the House of Commons, relating to the Attendance of Mr. Selwin, as a Witness, as desired; and that the Original Libels, Pleas, Allegations, Proceedings, Interrogatories, Exhibits and Letter, Depositions, Acts, and Sentences, in the said Cause of Divorce, be produced at the Bar of this House, according to the Prayer of the said Petition.

Message to H. C. for Leave for Mr. Selwin to attend about it.

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

To desire that they will give Leave to the said Mr. Selwin to attend this House, in order to be examined, as a Witness upon the said Bill.

Mathew, Nat. Bill.

The Duke of Bedford presented to the House, pursuant to their Lordships Order of the 31st of March last, a Bill, intituled, "An Act for naturalizing Stephen Mathew."

And the same was read the First Time.

Adjourn.

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

DIE Martis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Peterborow's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 30th Instant; and to adjourn as they please.

Bouchet, &c. be naturalized.

Upon reading the Petition of Elizabeth Bouchet and (fn. 1) Arnold Rosenhagen; praying Leave to bring in a Bill for their Naturalization; or that they may be added to the Bill depending in this House, for naturalizing Stephen Mathew:

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Answer from H C about Mr. Selwin's Attendance.

The Messengers sent Yesterday to the House of Commons, to desire, "That they would give Leave that John Selwin Esquire, a Member of that House, may have Leave to attend this House, to be examined, as a Witness upon the Bill, intituled, "An Act to dissolve the Marriage of Trevor Lord Viscount Hillsborough in the Kingdom of Ireland, with Dame Mary Denton; and to enable him to marry again; and for other Purposes therein mentioned;" acquainted their Lordships, "That they had delivered their Message; and that the Commons would return an Answer by Messengers of their own."

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

To acquaint this House, "That they have given Leave to Mr. Selwin, to come, and be examined, as a Witness upon the Bill last mentioned, if he thinks fit."

Tregeare's Bill:

Hodie 3^a vice lecta est Billa, intituled "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus Money arising by such Sale in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs."

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

It was Resolved in the Affirmative.

Edgar's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two Preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

Jessop & al. against Sheffield Church Bill.

Upon reading the Petition of Mary Jessop Widow, Andrew Wilkinson Esquire and Barbara his Wife, John Cell Esquire and Isabella his Wife, Bethia Jessop, and Mary Jessop, Spinsters; praying, "That this House will reject the Bill now depending, for making the newerected Church in the Town of Sheffield, in the County of York, a Parish Church within its own Walls; or that the Petitioners may be heard, by their Counsel, against it, before the same shall be passed:"

It is Ordered, That the Petitioners may be heard, by their Counsel, as desired. at the Second Reading of the said Bill; as may Counsel also be heard for the Bill, at the same Time; and that the Second Reading of the said Bill be put off to Monday next.

Engravers Bill.

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

With a Bill, intituled, "An Act for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers, during the Time therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Harriot & al. against Ray & al.

A Petition of Robert Dalrymple, Agent for George Harriot and others, was presented, and read; praying, In regard their Papers came not from Scotland till Yesternight; that the Hearing of the Appeal of the said Harriot and others, to which William Ray and others are Respondents, may be put off from Thursday next, to such further short Day as to the House shall seem meet."

And thereupon the Petitioner and the Respondents Agent having been called in; and heard, at the Bar, in relation to the Matter of the said Petition:

And being withdrawn:

Ordered, That the Hearing of the said Cause be adjourned to Tuesday the 29th Day of this Instant April.

Jevers against Jevers.

Whereas this Day was appointed, for hearing of the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers and others are Respondents:

It is Ordered, That the Hearing of the said Cause be put off to Thursday next.

Dossie to be heard, against Sheffield Church Bill.

Upon reading the Petition of John Dossie Clerk, Vicar of the Vicarage of the Parish Church of Sheffield, in the County of York; praying, "That he may be heard, by his Counsel, against the Bill for making a new erected Building, in the Town of Sheffield, in the County of York, a Parish Church; and that all his the Petitioner's Right to the said intended new Church may be saved to him:"

It is Ordered, That the Petitioner may be heard, by his Counsel, as desired, at the Second Reading of the said Bill.

Quartering Soldiers at Elections, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for regulating the Quartering of Soldiers during the Time of the Elections of Members to serve in Parliament."

After some Time the House was resumed.

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

Ordered, That the said Report be received Tomorrow; and the Lords to be summoned.

D. Queensberry, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Charles Duke of Queensberry and Dover and Catherine Dutchess of Queensberry and Dover; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxford; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses."

Visc. Hillsborough's Divorce, Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Trevor Lord Viscount Hillsborough in the Kingdom of Ireland with Dame Mary Denton; and to enable him to marry again; and for other Purposes therein mentioned."

It is Ordered That the said Bill be read a Second Time on Friday next; and Counsel to be heard, and Writings to be produced, as before directed.

Adjourn.

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

DIE Mercurii, 16^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Queensberry's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxon; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday the First Day of May next; and to adjourn as they please.

Engravers Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers, during the Time therein mentioned."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Persons sworn for Naturalization.

Elizabeth Bouchet and Arnold Rosenhagen took the Oaths appointed, in order to their Naturalization.

Chedleton Commons to enclose, Bill:

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chedleton, in the County of Stafford, among the Proprietors, in order to enclose the same," 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 several Amendments thereunto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Sinking Fund, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-five."

After some Time, the House was resumed.

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

Then it was moved, "That the said Bill be read the Third Time on Friday next."

Which being objected to; and Tuesday next being likewise proposed:

After Debate;

The Question was put, "Whether the said Bill shall be read the Third Time on Friday next?"

It was Resolved in the Negative.

Ordered, That the said Bill be read the Third Time on Tuesday next; and the Lords to be summoned.

Crawford against Viscount Garnock.

Whereas this Day was appointed, for hearing the Cause wherein John Crawfurd Esquire is Appellant, and Patrick Lord Viscount Garnock Respondent:

It is Ordered, that the hearing the said Cause be adjourned to Friday next; and the other Causes on Cause-days removed in Course.

Regulating Soldiers at Elections, Bill.

The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for regulating the quartering of Soldiers during the Time of the Elections of Members to serve in Parliament," was committed, the Amendments made by the Committee to the said Bill.

Which were read by the Clerk, and are as follow; (videlicet,)

"1st Sheet, 6 Line. Leave out from ["Kingdom"] to ["be"] in the 10th Line; and instead thereof, insert ["And whereas it hath been the Usage and Practice, to cause any Regiment, Troop, or Company, or any Number of Soldiers, which hath been quartered in any City, Borough, Town, or Place, where any Election of Members to serve in Parliament hath been appointed to be made, to remove and continue out of the same during the Time of such Election, except in such particular Cases as are herein after specified; to the End, therefore, that the said Usage and Practice may be settled and established for the future"].

"13 Line. Leave out ["such"]; and in the same Line, after ["Election"], insert ["of any Peer or Peers to represent the Peers of Scotland in Parliament, or of any Member or Members to serve in Parliament"].

"1st Sheet, 14 Line. Leave out ["such other Person to whom it shall belong"]; and insert, ["in case there shall be no Secretary at War, then such Person who shall officiate in the Place of the Secretary at War"].

"16 Line. After ["Orders"], insert ["in Writing"].

"Line the last, and 1st Line of the 2d Sheet. Leave out ["and every such Regiment, Troop, or Company, or other Number of Soldiers as aforesaid, shall, upon the Receipt of such Order, accordingly march"].

"2d Sheet, Line 3. Leave out ["shall"]; and after ["not"], insert ["to"].

"6 Line. Leave out from ["Case"] to ["Provided"], in the 3d Line of the 3d Sheet; and insert ["the Secretary at War for the Time being, or such Person who shall officiate in the Place of the Secretary at War, shall neglect or omit to issue or send forth such Orders as aforesaid, according to the true Intent and Meaning of this Act, and shall be thereof lawfully convicted, upon any Indictment to be preferred at the next Assizes, or Sessions of Oyer and Terminer, to be held for the County where such Offence shall be committed, or on an Information to be exhibited in the Court of King's Bench within Six Months after such Offence committed; such Secretary at War, or Person who shall officiate in the Place of the Secretary at War, be discharged from their said respective Offices, and shall from thenceforth be utterly disabled and made incapable to hold any Office or Employment, Civil or Military, in His Majesty's Service"].

"3d Sheet, 4 Line. Leave out ["Cities of London or"], and insert ["City and Liberty of"].

"5 and 6 Lines. Leave out ["such Number of Troops or Soldiers only as are usually employed as Guards to His Majesty's Royal Person, or are usually quartered or billeted near to the Place of His Majesty's Residence"]; and insert ["the Guards of His Majesty, His Heirs or Successors"].

"7 Line. After ["Majesty"], insert ["His Heirs or Successors"].

"9 Line. After ["Majesty"], insert ["His Heirs or Successors"]; and in the same Line, before ["Royal Family"], leave out ["His Majesty's"], and insert ["the"].

"11 Line. Leave out ["usually"].

The First Amendment being read a Second Time:

It was proposed, "To agree thereunto."

But the same being objected to:

It was moved, "That the said Bill be re-committed."

Which being likewise objected to:

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Then the Question was put, "Whether to agree with the Committee in the said Amendment?"

It was Resolved in the Affirmative.

Protest against Amendment to it.

"Dissentient.

"1st, Because we conceive these Words, "to the End, therefore, that the same may be safely transmitted to Posterity, and for the avoiding any Inconveniencies that may arise thereunto, from any Regiment, Troop, or Company, or any Number of Soldiers, which shall be quartered or billeted within any City, Borough, Town, or Place, where any Election of any Member or Members to serve in Parliament, or of the Sixteen Peers to represent the Peerage of Scotland in Parlialiament, or of any of them, shall be appointed to be made," extremely proper in a Bill calculated to preserve to us and our Posterity the Enjoyment of our Liberties, by securing the Freedom of Elections; besides that, in our Opinion, it seems very extraordinary to leave out Words that singly intimate our Desire of transmitting to our Posterity the Liberties we enjoy ourselves.

"2dly, Because we cannot conceive that there was any Weight in the Argument urged for omitting these Words; (videlicet,) That they carried an Imputation, that some Facts had been committed contrary to the Freedom of Elections, which this Bill was to prevent for the future; whereas, in our Opinions, it is so much the contrary, that we think the leaving out these Words, the natural Import of which carry no Imputation at all, may possibly be misconstrued as a Consciousness of some irregular Use made of Troops at Elections, which, it might be apprehended, these Words might point out, especially since Reports of that Nature have of late been spread; whether well grounded or not, we do not take upon ourselves to determine.

"Ker.
Denbigh.
Clinton.
Chesterfield.
Berkshire.
Bridgewater.
Litchfield.
R. Lincoln.
Anglesey.
Craven.
Bolton.
Aylesford.
Gower.
Huntingdon.
Foley.
Thanet.
Cobham.
Carteret.
Bathurst.
Montjoy.
Winchilsea & Nottingham.
Shaftesbury.
Boyle.
Coventry.
Haversham.
Beaufort."

The Three next Amendments were read a Second Time, and severally agreed to.

Then the Fifth Amendment was read a Second Time; being, to leave out these Words; (videlicet,) ["And every such Regiment, Troop, or Company, or other Number of Soldiers, as aforesaid, shall, upon the Receipt of such Order, accordingly march"].

Proposed, "To agree with the Committee in the said Amendment."

Which being objected to:

After Debate;

The Question was put, upon the said Proposition. And it was Resolved in the Affirmative.

The next Amendment was read a Second Time, and agreed to.

Then the next Amendment was read a Second Time; being, to leave out the Second Enacting Clause, which was, to inflict Penalties and Punishments on Officers and Soldiers who should refuse or neglect to remove out of Places at the Time of Elections; and to substitute Words inflicting Punishments on the Secretary at War, in case he neglects to issue Orders for such Removal.

And it being proposed, "To agree with the Committee in that Amendment:"

After Debate;

The Question was put thereupon.

And it was Resolved in the Affirmative.

Protest against another Amendment to it.

"Dissentient.

"1st, Because we conceive that the leaving out this Clause is, in reality, defeating the Effect and Intention of the whole Bill; a Bill thought so necessary by the whole House, that the Learned Judges were unanimously ordered to prepare and bring it in, in Lieu of a Clause to the same Purpose offered to be inserted in the Annual Act to prevent Mutiny and Desertion.

"2dly, Because we think it much more necessary that Officers and Soldiers should be subject to be tried by the Civil Power for an Offence of this high Nature against the Constitution in general, than for quartering a Man contrary to the Method prescribed by the Act to prevent Mutiny and Desertion; for which Crime they are at present liable to be tried and cashiered by the Civil Magistrate.

"3dly, Because we conceive that this Offence, being an Offence of the highest Nature against the Civil Government, is properly cognizable by the Civil Magistrate only, and most improperly referred to the Determination of a Court Martial: Offences against Military Discipline are justly reserved for the Decision of a Court Martial, as consisting of Persons of the same Profession, and consequently the properest Judges; and, by a Parity of Reasoning, we conceive the Civil Magistrate the fittest Judge of Civil Offences. We cannot therefore but fear that a Court Martial may consist of Persons who may be at least ignorant, and possibly hasty and partial, Judges of the Merits of an Election.

"4thly, Because, the Intention of this Bill being to prevent any Insults from Troops during the Time of Elections, we should provide against all possible Dangers; and though, during His Majesty's Reign, we apprehend no ill Use will be made of the Troops, yet, in future Times, Ministers may prevail, whose unpopular and detested Administration may leave them no Hopes of Security from a free elected Parliament, and reduce them to the violent and illegal Method of employing those Troops, kept up by the Corruption of one Parliament, in the forcible Election, or rather the Nomination, of another; in which Case, no Remedy can be hoped for against Officers so offending, since, as the Act now stands, they can only be tried by a Court Martial; and a Court Mar tial can only be appointed by the Crown; and consequently the same wicked Minister, who may hereafter advise such an Attempt upon our Constitution, will not be likely to permit his guilty Agents to suffer; but the Merit of their Crime will carry Impunity along with it.

"5thly, Because we cannot conceive that the Arguments drawn from the Possibility of a Riot at an Election, or of a Rebellion or Invasion during the Time of Elections, wherein the Assistance of the Military Power may be necessary, were in any Degree sufficient to induce the House to leave out this Clause; since, in the Case of a Riot, the Civil Magistrate is already armed with a rigorous Penal Law, known by the Name of the Riot Act; and in the Case of a Rebellion or Invasion, it is well known that this and all other Laws would be silent: But, on the other Hand, we apprehend, great Inconveniencies may arise, if Troops have Liberty to march into Towns during the Time of Elections, at the Requisition of a partial or corrupted Civil Magistrate, who may call a Majority he dislikes a Tumult, and supply with Force the Want of Interest of an unknown and unqualified Candidate, by which Means the Voice of the People may be drowned in the Noise of Arms.

"6thly, Because we apprehend that a very injurious and dangerous Construction may by malicious People (too speciously) be put upon the leaving out of this Clause, That, although the Unpopularity of rejecting the Bill itself could not be withstood, yet the eluding and enervating the Efficacy of it had been indirectly brought about; which Supposition, however groundless, may give great Uneasiness and Apprehensions to many of His Majesty's good Subjects, and bring very great Unpopularity upon the Administration: An Evil by all possible Means to be prevented, since Hate begets Hate; and an Administration once become unpopular soon becomes desperate; and may endeavour to strengthen their crazy and rotten Foundation, by tearing away for their own Use the Cornerstones of the Liberties of the People.

"Denbigh.
Winchilsea & Nottingham.
Craven.
Boyle.
Bfrkshire.
Ker.
Aylesford.
Chesterfield.
Huntingdon.
Litchfield.
Cobham.
Clinton.
Coventry. Bridgewater.
Bolton.
Bathurst.
Montjoy.
R. Lincoln.
Thanet.
Shaftesbury.
Beaufort.
Carteret.
Haversham."

"We dissent, for all the abovementioned Reasons, except the Third.

"Anglesey.
Gower.
Foley."

Then the Residue of the Amendments were all read a Second Time, and severally agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Lords added to Committee.

Ordered, That such Lords as have been present in the House this Session, and not of the Committee appointed the Third Instant to consider of several Private Bills, be added to that Committee.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque at et in diem Jovis, decimum septimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 17^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Chedleton Commons Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for appointing Commissioners, to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chedleton, in the County of Stafford, among the Proprietors, in order to enclose 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 it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Spicer:

To carry down the said Bill, and desire their Concurrence thereunto.

Martin, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Martin, of the Society of Lincoln's Inn, Esquire; praying Leave to bring in a Bill, for the Purposes therein mentioned:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for explaining and supplying some Defects in an Act of Parliament, passed in the Tenth Year of the Reign of His late Majesty King George the First, intituled, An Act for vesting the Estates of Walter Bagenal Esquire and his Two Daughters, in the Counties of Dublin and Meath, in the Kingdom of Ireland, in Trustees, to be sold, for Payment of the Debts charged thereupon; and raising Portions for the said Daughters."

Laws against pulling down Turnpikes, &c. more effectual, Bill.

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

With a Bill, intituled, "An Act for rendering the Laws more effectual, for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Witnesses to attend Viscount Hillsborough's Divoice Bill.

Ordered, That Mr. Chamberlain, Mr. Cowper, and Mr. Greenly, do attend this House To-morrow, when the Bill for dissolving the Marriage of the Lord Viscount Hillsborough is appointed to be read a Second Time.

Mathewsworn, to be naturalized:

Stephen Mathew took the Oaths appointed, in order for his Naturalization.

His Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Stephen Mathew."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place on Monday next; and to adjourn as they please.

Ordered, That the Petition of Elizabeth Bouchet and Arnold Rosenhagen, to be added to the said Bill, which was ordered to lie on the Table, be referred to the said Committee.

Salt Duties, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

Proposed, "To commit the Bill."

Which being objected to;

And Debate thereupon:

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

It was Resolved in the Affirmative.

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

Address for a State of the National Debt;

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1733, and 31st of December 1734; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

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

and for an Accompt of Expences for Sea Service.

The Address of this House, of the 6th of March last, for an Accompt of such Monies as have been issued, by virtue of the Power granted to His Majesty in an Act of the last Session of Parliament, for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year 1734, and for appropriating the Supplies granted in this Session of Parliament, was read:

As also, the Title of the Accompt laid before the House pursuant to the said Address.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to cause the proper Officer to lay before this House an Accompt of what Monies have been issued, or Expences incurred, in the Sea Service, in the Year 1734, pursuant to the Power granted to His Majesty in the Act of Parliament abovementioned."

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

Jevers against Jevers.

After hearing Counsel in Part, in the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow; and that the Cause appointed for that Day be put off to Monday next; and the other Causes on Cause-days removed in Course.

Adjourn.

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

DIE Veneris, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Jevers against Jevers.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Henry Jevers Esquire; complaining of a Decree of the Court of Exchequer in Ireland, the 26th Day of June 1733, made in a Cause wherein Margaret Jevers, Widow of John Jevers Esquire, the Appellant's Father, was Plaintiff, and the Appellant and his Three Infant Sons, and Augustine Jevers the Appellant's Brother, and Arthur Blenerhasset, the Executors of the Will of the said John Jevers, and others, were Defendants; and praying, "That the said Decree may be reversed, or rectified for the Appellant's Relief:" As also upon the Answer of the said Margaret Jevers:"

No Counsel appearing for the said Augustine Jevers and Arthur Blenerhasset; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and the same is hereby, reversed: And it is further Ordered, That the Respondent Margaret's Bill in the said Court, as against the Appellant, be, and is hereby, dismissed; and that it be referred to the Deputy Remembrancer of the said Court, to compute Interest for Two Thousand Pounds, the Penalty of the Bond given by the Appellant's Father, conditioned to settle a Jointure of Two Hundred Pounds per Annum on the Respondent Margaret, from the Time of filing the said Bill, and to tax her Costs in the said Court; and that the said Sum of Two Thousand Pounds, and the Interest thereof, and Costs, be paid to her by the Respondents the Executors, out of his Personal Estate, in a Course of Administration: And in case the Respondents the Executors shall not admit Assets, it is hereby further Ordered, That it be referred to the said Deputy Remembrancer, to take an Accompt of the Personal Estate of the said Testator which hath come to the Hands of the Respondents the Executors, or either of them, or of any other Person, by their or either of their Order, or to their or either of their Use, respectively; in taking of which Accompt, they are to have all just Allowances; and the said Deputy Remembrancer is at Liberty to state any Matter relating to the said Personal Estate specially to the said Court, if there shall be Occasion: And it is further Ordered, That the said Court of Exchequer do give the proper Directions for taking the said Accompts, and Payment of the said Money, in Pursuance of this Order.

Nightly Watch in St. James's, &c. Bill.

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

With a Bill, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George Hanover Square, within the Liberties of the City of Westminster;" to which they desire the Concurrence of this House.

Charitable Corporation Tickets, Bill.

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

With a Bill, intituled, "An Act for prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for making Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Messages from H. C. to return Dyke's Bill:

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

To return the Bill, intituled, "An Act for vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Infant, in Edward Dyke Esquire and his Heirs, in Exchange for an undivided Moiety of divers Lands and Hereditaments, in the Counties of Somerset and Devon;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments were read, and agreed to.

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

Visc. Hillsborough's Divorce, Bill.

The Order of the Day, for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of Trevor Lord Viscount Hillsborough in the Kingdom of Ireland, with Dame Mary Denton; and to enable him to marry again; and for other Purposes therein mentioned," being read:

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

King's Answer to Address.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of Yesterday, for a State of the National Debt; and also for an Accompt of what Monies have been issued, or Expences incurred, in the Sea Service, in the Year 1734: And that His Majesty had been pleased to give Directions, that the said State and Accompt should be laid before the House accordingly."

Against pulling down Turnpikes, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for rendering the Laws more effectual, for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other Purposes therein mentioned."

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

Adjourn.

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

DIE Sabbati, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Nightly Watch in St. James's, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George Hanover Square, within the Liberties of the City of Westminster."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Tuesday next; and to adjourn as they please.

Charitable Corporation Tickets, &c. Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for making Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday next; and to adjourn as they please.

Indemnifying Protestant Purchasers, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists, against the Penalties or Forfeitures Papists are liable to, for not registering their Estates, or for not having enroled the same, in Pursuance of the Acts of the First and Third Years of King George the First for that Purpose."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Thursday next; and to adjourn as they please.

Adjourn.

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