Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 24: March 1732, 21-31', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol24/pp57-77 [accessed 22 December 2024].
'House of Lords Journal Volume 24: March 1732, 21-31', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online, accessed December 22, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol24/pp57-77.
"House of Lords Journal Volume 24: March 1732, 21-31". Journal of the House of Lords Volume 24, 1732-1737. (London, 1767-1830), , British History Online. Web. 22 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol24/pp57-77.
In this section
March 1732, 21-31
DIE Martis, 21o Martii.
Domini tam Spirituales quam Temporales Præsentes fuerunt:
PRAYERS.
Strangeways Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making Leases of the Estate late of Thomas Strangeways Esquire and Elizabeth late Dutchess of Hamilton his Sister (both deceased); and for applying the Money arising thereby for the Purposes therein mentioned."
The Question was put, "Whether this Bill 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. Thomas Bennet and Mr. Spicer:
To carry down the said Bill, and desire their Concurrence thereunto.
West's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to establish and confirm an Agreement made between John West Esquire, on the Behalf of his Daughters Mary West and Frances West Infants, Sir Francis Vyvyan, and Mary Erisey; and to render the same effectual."
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 Wednesday the Fifth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bromley's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging of certain Lands, between Henry Bromley Esquire, and the Master; Fellows, and Scholars, of Pembroke-hall, in the University of Cambridge."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Little Kineton Common Fields to enclose, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees before named:
Their Lordships, or any Five of them; to meet on Monday Morning next, at the same Place; and to adjourn as they please.
Foreign Hops into Ireland, Bill.
A Message was brought from the House of Commons, by Mr. Whitworth and others:
With a Bill, intituled, "An Act to explain an Act made in the last Session of Parliament, intituled, "An Act for importing, from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament," so far as the said Act relates to the Importation of Foreign Hops into Ireland;" to which they desire the Concurrence of this House.
Qualifying Justices of the Peace, Bill.
A Message was brought from the House of Commons, by Mr. Bramston and others:
With a Bill, intituled, "An Act for the further qualifying Justices of the Peace;" to which they desire the Concurrence of this House.
The said Bills were severally read the First Time.
King's Answer to the Address for Papers relating to American Debts.
The Lord Delawarr acquainted the House, "That the Lords with White Staves (according to Order) had presented to His Majesty the Address of this House Yesterday, for a Report of the Commissioners of Trade, Instructions to the Governor of Jamaica, and a Journal and Act of the Assembly of Virginia, relating to the Recovery of Debts in the Plantations; and that His Majesty had been graciously pleased to give Directions for laying the same before this House."
Papers delivered, and referred to Committee of the whole House.
Then the Earl of Westmorland, from the Board of Trade, delivered the several Matters desired by the said Address.
And the Titles thereof being read, by the Clerk:
It is Ordered, That the same be referred to the Committee of the whole House to whom the Bill for the more easy Recovery of Debts in His Majesty's Plantations and Colonies in America stands committed.
Address for what has been laid before the Board of Trade, touching Sugar.
The Lord Viscount Falmouth reported from the Lords Committees appointed to consider of the State of the Plantation Trade, so far as relates to the Sugar Colonies in America, "That the Committee desired an Application might be made to His Majesty, That He would give Directions to the Commissioners for Trade and Plantations, to lay before this House the several Representations laid before them from the Sugar Islands, relating to the Decay of the Sugar Trade; and the Proceedings had thereupon before that Board."
And the same being read, by the Clerk:
Ordered, That an humble Address be presented to His Majesty, pursuant to the said Report; and that the same be presented by the Lords with White Staves.
Account of the Importation, &c. of Sugar to be laid before the House.
Ordered, That the Commissioners of the Customs do lay before this House, an Account of the Importation and Re-exportation of Sugar, from the British Plantations, for the last Fourteen Years distinguishing each Year.
Agent for Pensilvania to be heard, against the Sugar Bill;
A Petition of Ferdinando John Paris, Agent for the Province of Pensilvania in America, was presented, and read; praying, "That Counsel may be heard, in Behalf of the said Province, against the Bill for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America, before the same be passed; and that such Relief may be given to the said Province as to the House shall seem meet:"
It is Ordered, That the Petitioner may be heard, by Counsel, as desired, at the Second Reading of the said Bill.
Merchants, for New York;
A Petition of Samuel Baker, Samuel Storke, Joseph Lowe, and George Streatfield, all of London, Merchants, for and on Behalf of the Province of New York, One of the British Northern Colonies in America, was presented, and read; praying to be heard, by Counsel, against passing the Bill for encouraging the Trade of His Majesty's Sugar Colonies:
It is Ordered, That the Petitioners may be heard, by their Counsel, as desired, at the Second Reading of the said Bill.
Agent for Massachusets Bay;
A Petition of Francis Wilks Esquire, Agent for His Majesty's Province of Massachusets Bay, and also for His Majesty's Colony of Connecticut, in New England, for and in Behalf of the said Province and Colony, was presented, and read; praying, "That Counsel may be heard, in Behalf of the said Province and Colony, against the Bill to encourage the Trade of His Majesty's Sugar Colonies:"
It is Ordered, That the Petitioner may be heard, by Counsel, as desired, at the Second Reading of the said Bill.
Agent for South Carolina;
A Petition of Peregrine Fury Esquire, Agent for His Majesty's Province of South Carolina, One of the British Northern Colonies in America, for and in Behalf of the said Province, was presented, and read; praying to be heard, by Counsel, in Behalf of the said Province, against the Bill for encouraging the Trade of His Majesty's Sugar Colonies:
It is Ordered, That the Petitioner may be heard, by Counsel, as desired, at the Second Reading of the said Bill.
Agent for Virginia;
A Petition of Isham Randolph Esquire, Agent for His Majesty's Colony of Virginia, for and in Behalf of the said Colony, was presented, and read; praying, "That Counsel may be heard, in Behalf of the said Colony, against the Bill for encouraging the Trade of His Majesty's Sugar Colonies:"
It is Ordered, That the Petitioner may be heard, by Counsel, as desired, at the Second Reading of the said Bill.
and Agent for Rhoad Island, against the same Bill.
A Petition of Richard Partridge, Agent for the Colony of Rhoad Island and Providence Plantations, and also Agent for the Province of New Jersey in America, was presented, and read; praying, "That the said Colony and Province may be exempted, in the Bill to encourage the Trade of His Majesty's Sugar Colonies in America; or that the Petitioner may be heard, by himself or Counsel, in their Behalf; or that they may have such other Relief as shall be thought just and reasonable:"
It is Ordered, That the Petitioner may be heard, by himself or Counsel, against the said Bill, at the Second Reading thereof.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Sir Robert Salisbury Cotton and others:
With a Bill, intituled, "An Act for repairing and amending the Road leading from the Town of Manchester, in the County Palatine of Lancaster, through the Town of Ashton under Line, and the Parish of Mattram Longdendale, and from thence to Salter's Brook, in the County Palatine of Chester;" to which they desire the Concurrence of this House.
State of the Plantation Trade to be considered, in a Committee of the whole House.
Ordered, That the Order appointing a Select Committee to consider of the State of the Plantation Trade, so far as relates to the Sugar Colonies in America, be discharged; and that the same Matter be taken into Consideration, by a Committee of the whole House, on Thursday next.
Sugar Colonies. Bill put off.
Ordered, That the Second Reading of the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America," which is appointed for Thursday next, be put off to that Day Sevennight.
L. V. Molesworth's Bill.
The Lord Viscount Falmouth reported from the Lords Committees, to whom the Bill, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, of a Piece of Ground in the City of Dublin," was committed: That they had considered of the said Bill, and examined the Allegations thereof; 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.
For Recovery of Debts in America, 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 more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America:"
Isham Randolph Esquire, Henry Armstead Esquire, Roger Goodcheap, John Walkley, Mr. James Bradley, Mr. Peter Day, and Mr. Henry Lascelles, were called in, and sworn, in order to be examined before the said Committee.
And being withdrawn:
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 Delawarr reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which they had directed him to report, when the House will please to receive the same."
Ordered, That the said Report be received Tomorrow.
Devereux against Phelan:
The House being informed, "That Mr. Brereton attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Robert Devereux Esquire is Appellant, and Mathias Phelan is Respondent:"
Pleadings proved.
He was called in; and delivered the same, at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Merourii, 22o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Congreve's Bill, Special Report.
The Lord Viscount Falmouth, from the Lords Committees appointed to consider of a Bill, intituled, "An Act for rectifying some Mistakes in a Settlement made by John Congreve Esquire; and vesting his Seat and Estate in Stretton, in the County of Stafford, in Trustees, to be sold, for better clearing his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occafions of his Family, to be settled in Lieu thereof;" acquainted the House, "That the Committee, upon proceeding on the said Bill, found that only One Witness was produced, to prove the Consents of Persons concerned therein; whereas the Standing Order requires the Consents to be proved by Two Witnesses: Wherefore the Committee had directed this Matter to be specially reported to the House."
And it being thereupon moved, "That the said Standing Order be dispensed with in this Case:"
It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.
Foreign Hops. into Ireland Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain an Act made in the last Session of Parliament, intituled, "An Act for importing, from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament," so far as the said Act relates to the Importation of Foreign Hops into Ireland."
Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.
King's Answer to the Address touching the Decay of the Sugar Trade.
The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Yesterday, for the Representations laid before the Commissioners of Trade, touching the Decay of the Sugar Trade: And that His Majesty was pleased to say, "He would give Directions, that the same be laid before this House."
Abbott's Bill.
The Lord Bathurst reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Real Estate of Robert Abbott Esquire, deceased, for discharging his Debts and Incumbrances, and for making a Provision for his Widow and only Son," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Lancashire and Cheshire Road, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for repairing and amending the Road leading from the Town of Manchester, in the County Palatine of Lancaster, through the Town of Ashton under Line, and the Parish of Mottram Longdendale, and from thence to Salter's Brook, in the County Palatine of Chester."
Qualifying Justices of the Peace, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the further Qualification of Justices of the Peace."
Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight; and the Lords to be summoned.
Ordered, That the Bill be printed.
L. Vis Molesworth's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enabling Richard Lord Viscount Molesworth and his Brothers to make Leases for Lives, or Years determinable upon Lives, renewable for ever, or to make Grants in Fee Farm, of a Piece of Ground in the City of Dublin."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Mitchell's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Thomas Mitchell deceased, lying in the County of Warwick, for Payment of the Debts charged thereupon; and for making Provision for his Widow and Infant Children."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Spicer:
To carry down the said Bills, and desire their Concurrence to them.
Salt Duties, Bill.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for reviving the Duties on Salt, for the Term therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
And it being moved, "To read the same a 2d Time on Monday next:"
The same was objected to.
Proposed, "To read the said Bill a 2d Time on this Day Sevennight."
After Debate;
The Question was put, "Whether this Bill shall be read a 2d Time on Monday next?"
It was Resolved in the Affirmative.
Address for Accompts of the Salt Duties.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions to the proper Officers, to lay before this House, an Accompt of the Money which has been paid into His Majesty's Exchequer, of the Produce of the Salt Duty, from that Part of Great Britain called Scotland, for the last Ten Years; distinguishing each Year.
"Also, an Accompt of what Money has been received into the Exchequer in England, from that Part of Great Britain called Scotland, since Christmas 1716; distinguishing each Year.
"Also, an Accompt of Fish and Flesh Debentures, paid out of the Customs, &c. in Scotland, from 29th September 1713, to 29th September 1731.
"Also, an Accompt of the Bounties paid on the Exportation of Fish, Beef, and Pork, from 1st May 1714 to Christmas 1731.
"Also, an Accompt of the Gross and Net Produce of One Shilling a Bushel on Salt, for that Part of Great Britain called Scotland, from 1st May 1714 to 1st May 1731.
"And also, an Accompt of the Gross and Net Produce of Foreign Salt, outwards and inwards, for Scotland, from 29th September 1713, to 29th September 1731."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Lords to be summoned, and Judges to attend the Second Reading Salt Bill.
Ordered, That the Lords be summoned, for the 2d Reading of the Bill for reviving the Duties on Salt, for the Term therein mentioned; and that the Judges do then attend.
Ordered, That the said Bill be printed.
Vernonagainst Vernon, and other Causes, put off.
Whereas To-morrow is appointed, for hearing the Cause wherein Jane Vernon Widow is Appellant, and George Vernon Esquire and others are Respondents:
It is Ordered, That the hearing the said Cause be put off till Friday next; and the other Causes removed in Course.
Recovery of Debts in America, Bill.
The Lord Delawarr (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America," was committed, the Amendments made by the Committee to the said Bill.
And the same, being read by the Clerk, were agreed to by the House; and are as follow:
"Press 1, Line 33. After ["where"], insert ["or near to which"]; and at the End of the same Clause add, ["Provided that, in every such Affidavit and Affirmation, there shall be expressed the Addition of the Party making such Affidavit or Affirmation, and the particular Place of his or her Abode."]"
Land Tax Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-two."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
V. Stormons against Henderson & al. Motion for a Bye-day.
The House being moved, at the Request of the Parties on either Side, "That Tuesday the Fourth Day of April next may be appointed, for hearing the Cause wherein David Lord Viscount Stormont is Appellant; and John Henderson and others are Respondents:"
It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.
Brown against Lavallin & al.
Counsel (according to Order) were called in, to be heard, in the Cause wherein Valentine Brown Esquire is Appellant, and James Lavallin Esquire, Administrator of Melchior Lavallin Esquire, Francis Garvan Gentleman, Eustacc White Gentleman, Jordan Roch Gentleman and Eleanor his Wife, John White, Elizabeth White, Priscta White, Jane White, David Power, and John Damer, Esquires, are Respondents.
And the Counsel for the Appellant proceeding:
The Respondents Counsel objected, "That there were not proper Parties to the said Appeal."
Whereupon the Counsel on both Sides were heard thereunto.
And then they were directed to withdraw.
And being withdrawn:
Appeal dismissed.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House.
L. Dunsany against Shaw & al.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Randal Lord Baron of Dunsany in the Kingdom of Ireland is Appellant, and Thomas Shaw and others are Respondents:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum tertium diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 23o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Abbott's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Real Estate late of Robert Abbott Esquire, deceased, for discharging his Debts and Incumbrances; and for making a Provision for his Widow and only Son."
The Question was put, "Whether this Bill 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. Thomas Bennet and Mr. Spicer:
To carry down the said Bill, and desire their Concurrence thereunto.
Sir R. Hare's Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for making effectual an Agreement between Sir Ralph Hare and his Brothers, for raising Money upon Part of his entailed Estate; and for settling other Lands, not entailed, of greater Value, in Lieu thereof," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
For Recovery of Debts in America, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America."
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 the former Messengers:
To return the said Bill; and acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Lancashire and Cheshire Roads, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and amending the Road leading from the Town of Manchester, in the County Palatine of Lancaster, through the Town of Ashton under Line, and the Parish of Mottram Longdendale, and from thence to Salter's Brook, in the County Palatine of Chester."
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 Tuesday the Fourth Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-two."
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."
Sir W. Morice's Bill.
A Message was brought from the House of Commons, by Mr. Copleston and others:
With a Bill, intituled, "An Act for Sale of the Estate of Sir William Morice Baronet, in Padslow, in the County of Cornwall; and for settling another Estate, of better Value, to the same Uses, in Lieu thereof;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Upon the First Reading of the said Bill:
It is Ordered, That the Consideration thereof be, and is hereby, referred to Mr. Justice Price and Mr. Justice Denton; who are forthwith to summon all Parties that are to be concerned therein; and, after hearing them, and perusing a Copy of the Bill, attested by the Clerk of the Parliaments, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands.
Congreve's Bill:
The House (according to Order) took into Consideration the Motion made Yesterday, to dispense with the Standing Order, in relation to the Witnesses requisite to prove the Consents to the Bill, intituled, "An Act for rectifying some Mistakes in a Settlement made by John congreve Esquire, and vesting his Seat and Estate in Stretton, in the County of Stafford, in Trustees, to be sold, for better clearing his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occasions of his Family, to be settled in Lieu thereof."
And the said Standing Order being read:
Standing Order dispensed with.
It is Ordered, That the same be dispensed with in this Case.
E. of Shafresbury to exchange Right Presentation to Livings in Dorsetshire, Bill.
The Lord Viscount Falmouth (pursuant to the Order of the 29th of February last) presented to the House a Bill, intituled, "An Act for the Exchange of the Right of Presentation to the Rectory of Wimborne Allhallowes and Vicarage of Loders, in the County of Dorset; and for uniting the Rectories and Parishes of Wimborne St. Gyles and Wimborne Allballowes."
The said Bill was read the First Time.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Thompson and others:
With a Bill, intituled, "An Act to naturalize Joseph Guinand and David Dumouchell;" to which they desire the Concurrence of this House.
V. Stormont against Henderson & al. Hearing appointed on a Bye day.
The House (according to Order) taking into Consideration the Motion made Yesterday, for appointing Tuesday the 4th Day of April next, for hearing the Cause wherein David Lord Viscount Stormont is Appellant, and John Henderson and others are Respondents:
It is Ordered; That this House will hear the said Cause, by Counsel, at the Bar, on the Day above mentioned.
Account of Sugar delivered.
The House being informed, "That Mr. Oxenford, Inspector General of the Customs, attended:"
He was called in; and delivered, at the Bar, pursuant to the Order of this House on Tuesday last,
"An Account of the Importation and Re-exportation of Sugar, from the British Plantations, for the last, Fourteen Years; distinguishing each Year."
And then he withdrew.
And the Title of the said Account was read, by the Clerk.
Messages from H. C. with a Bill and to return the Bill for Recovery of Debts in America.
A Message was brought from the House of Commons, by Mr. Alderman Perry and others:
With a Bill, intituled, "An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention, for the Benefit of this Kingdom;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Alderman Perry and others:
To return the Bill, intituled, "An Act for the more easy Recovery of Debts, in His Majesty's Plantations and Colonies in America;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.
Plantation Trade concerning Sugar Colonies considered.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider of the State of the Plantation Trade, so far as relates to the Sugar Colonies.
And, after some Time spent therein, the House was resumed.
And the Lord Viscount Falmouth reported from the said Committee, "That they had considered the Matter to them referred; and desired another Time might be appointed, for the Committee to proceed further therein."
Ordered, That, on Wednesday next, this House shall be put into a Committee, to consider further of the Plantation Trade, so far as relates to the Sugar Colonies.
Account of Brandy from Dunkirk.
Ordered, That the Commissioners of the Customs do lay before this House, an Account of what Brandy has been imported from Dunkirk into Great Britain, for Seven Years last past; distinguishing each Year; what Duties have been paid thereon; and how the same have been appropriated.
Papers concerning Sugar delivered.
The Earl of Westmorland presented to the House (pursuant to their Lordships Address on Tuesday last) the several Representations and Matters laid before the Board of Trade, in relation to the Decay of the Sugar Trade; and the Proceedings thereupon before that Board.
The Titles whereof were read, as follow:
"1. Copy of a Representation of the General Assembly of Barbadoes to the Board of Trade."
"2. Copy of a Representation from the Lieutenant Governor, Council, and Assembly, of Antigua, to the Board of Trade; complaining of the Trade between New England and the French and Dutch Plantations."
"3. Copy of a Representation of the President, Council, and Assembly, of St. Christopher's, to the Board of Trade, dated the 24th of September 1731, relating to a Trade carried on from some of His Majesty's Northern Plantations to the French Islands, in Prejudice to our Sugar Colonies."
"4. Copy of some short Observations on, and Reasons in Answer to, the Three Representations from Barbadoes, Antigua, and St. Christopher's, relating to the Trade between the Northern Colonies and the French and Dutch Settlements, for and on Behalf of several of the Northern Colonies."
"5. Copy of the Reasons offered to the Board of Trade, on Behalf of Pensylvania, against the Representation and Request of some of the Sugar Islands."
"6. Copy of the Representation to His Majesty, from the President, Council, and Assembly, of New York."
"7. A printed Case of the British Northern Colonies."
"8. A printed Case of the Provinces of The Massachusets Bay and New Hampshire, and the Colonies of Rhode Island and Providence Plantations, Connecticut in New England, and New Jersey, with respect to the Bill for the better securing and encouraging the Trade to His Majesty's Sugar Colonies in America."
"9. Copy of a Letter from William Gooch Esquire, Lieutenant Governor of Virginia, to the Board of Trade, dated 8th September 1731."
"10. Extract of a Representation from the Council of Virginia to the Board of Trade, relating to the Sugar Islands."
"11. Copy of a Reply, in Behalf of the Leeward Islands and Jamaica, to a Paper, intituled, "Some short Observations and Reasons, in Answer to Three Representations from the Assembly of Barbadoes; and the Islands of Antigua and St. Christopher's, complaining of the Trade between the Northern Colonies and the French and Dutch Plantations."
"12. Copy of a Reply, in Behalf of the Island of Barbadoes, to the Observations on their Petition, and to the Address from the Northern Colonies, relating to the Trade with Foreign Sugar Islands."
"13. Copy of an Address and Representation of the Council of Jamaica, to His Majesty."
"14. Copy of an Address and Representation of the Assembly of Jamaica, to His Majesty."
"15. A printed Case of the British Sugar Colonies."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quartum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 24o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Kings of Arms, &c. to attend Committee for Privileges, Concerning the Barony of Powys.
Ordered, That the Kings of Arms, and the Officers of the College of Arms, do attend the Lords Committees for Privileges, to whom Petitions in relation to the Barony of Powys stand referred, and that the Committee do meet on Tuesday Morning next.
Sir T. Lombe's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention for the Benefit of this Kingdom."
Accompt of Fish and Flesh Debentures delivered:
The House being informed, "That Mr. Tuder attended, with Papers (pursuant to their Lordships Address of Wednesday last):"
He was called in; and delivered, at the Bar,
"An Accompt of Fish and Flesh Debentures, paid out of the Customs, &c. in Scotland, from the 29th Day of September 1713, to the 29th Day of September 1731."
Bounties on Fish, &c.
And also, "An Accompt of the Bounties on Exportation of Fish, Beef, and Pork, paid out of the Revenues of Excise, in that Part of Great Britain called Scotland, from the 1st of May 1713, to Christmas 1731."
And then he was directed to withdraw.
Accompt of the Salt Duty from Scotland.
Then the House was informed, "That Mr. Chocke, from the Exchequer, attended."
He was called in; and delivered, at the Bar (pursuant to the same Address),
"A Return to an Address of the House of Lords to His Majesty, for an Accompt of the Money which has been paid into His Majesty's Exchequer, of the Produce of the Salt Duty, from that Part of Great Britain called Scotland, for the last Ten Years; distinguishing each Year."
And also, "An Accompt of what Money has been received into the Exchequer in England, from that Part of Great Britain called Scotland, since Christmas 1716; distinguishing each Year."
And then he was directed to withdraw.
Accompt of the Produce of Foreign Salt:
Then the House was informed, "That a Person from the Salt-office attended."
He was called in; and delivered, at the Bar (pursuant to the aforementioned Address),
"An Accompt of the Gross and Net Produce of Foreign Salt, Outwards and Inwards, for that Part of Great Britain called Scotland, from 29th September 1713, to 29th September 1731."
Salt from Scotland.
And also, "An Accompt of the Gross and Net Produce of One Shilling a Bushel on Salt, for that Part of Great Britain called Scotland, from 1st May 1714, to 1st May 1731."
And then he was directed to withdraw.
Accompt of Money from Scotland, for Stamp Duties:
Then the House was informed, "That a Person from the Stamp-office attended."
He was called in; and delivered, at the Bar (pursuant to the said Address),
"An Accompt of what Money has been paid into the Exchequer in England by the Receiver General of the Stamp Duties, so much having been received by him from that Part of Great Britain called Scotland, from Christmas 1716, to Christmas 1731."
Apprentice Duty.
And also, "An Accompt of Money paid into the Exchequer in England, on Accompt of the Apprentice-duty in Scotland, from Christmas 1716, to Christmas 1731."
And then he was directed to withdraw.
Accompt of Letter Money from Scotland.
Then the House was informed, "That a Person attended from the Post-office."
He was called in; and delivered, at the Bar (pursuant to the same Address),
"An Accompt of what Money has been paid into the Exchequer here, by the Receiver General of the Post Office, for Letter-money arisen in Scotland, from Christmas 1716, to Christmas 1731."
And then he was directed to withdraw.
And the Titles of the said several Papers having been read by the Clerk; the same were ordered to lie on the Table.
Congreve's Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for rectifying some Mistakes in a Settlement made by John Congreve Esquire; and vesting his Seat and Estate, in Stretton, in the County of Stafford, in Trustees, to be sold, for better clearing his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occasions of his Family, to be settled in Lieu thereof," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Sir R. Hare's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making effectual an Agreement between Sir Ralph Hare and his Brothers, for raising Money upon Part of his entailed Estate; and for settling other Lands, not entailed, of greater Value, in Lieu thereof."
The Question was put, "Whether this Bill 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. Thomas Bennet and Mr. Spicer:
To carry down the said Bill, and desire their Concurrence thereunto.
Obliging Justices to proceed at Quarter Sessions, Bill.
The Order of the Day being read, for the 2d Reading of the Bill, intituled, "An Act to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Defects of Form in the original Proceedings; and to oblige Persons suing forth Writs of Certiorari, to remove Orders made on such Appeals into His Majesty's Court of King's Bench, to give Security to prosecute the same with Effect:"
It is Ordered, That the said Bill be read a 2d Time on Wednesday next; the Lords to be summoned; and the Judges to attend.
Vernon against Vernon & al.:
After hearing Counsel, in Part, upon the Petition and Appeal of Jane Vernon Widow; as also upon the Answer of George Vernon Esquire and others put in thereunto:
They were directed to withdraw.
And it being moved, "To put off the further Hearing of this Cause till To-morrow:"
The same was objected to.
And Debate thereupon;
The Question was put, "Whether the further Hearing of the said Cause shall be adjourned till To-morrow?"
It was Resolved in the Negative.
Then the Counsel were again called in.
And being fully heard, and withdrawn; the following Order and Judgement was made:
Decree affirmed.
"After hearing Counsel, upon the Petition and Appeal of Jane Vernon, Widow and Executrix of Thomas Vernon Esquire deceased; complaining of a Decree of the Court of Chancery, of the Eighth of May last, in a Cause wherein George Vernon Esquire, Sir Charles Vernon, and Thomas and Charles Vernon, Infant Sons of the said Sir Charles Vernon, by their said Father and next Friend, were Plaintiffs, and the Appellant and Daniel Dibble were Defendants; and praying, "That the said Decree may be reversed, and the Plaintiffs Bill dismissed:" As also upon the Answer of the said Plaintiffs put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed."
Causes put off.
Ordered, That the Cause which stands for Monday next be put off to this Day Sevennight; and the Cause for Wednesday to the Monday following.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
Hitherto examined by us.
Bridgewater.
Northampton.
Shaftesbury.
Abingdon.
Falmouth.
R. Lincoln.
N. St. Davids.
Isa. Asaph.
DIE Lunæ, 27o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Staunton Common, to enclose, Bill.
The Lord Viscount Falmouth (pursuant to the Order of the 25th of February last) presented to the House a Bill, intituled, "An Act for confirming the Exchanges, Enclosures, and Divisions, of the Common Fields, Common Meadows, Common Grounds, and Commons, within the Parish of Staunton; in the County of Wilts; and for other Purposes therein mentioned."
And the same was read the First Time.
Congreve's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for rectifying some Mistakes in a Settlement made by John Congreve Esquire; and vesting his Seat and Estate in Stretton, in the County of Stafford, in Trustees, to be sold, for better clearing his Debts, for which his Eldest Son stands engaged; and purchasing another Estate, more suitable to the Occasions of his Family, to be settled in Lieu thereof."
The Question was put, "Whether this Bill 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. Thurston and Mr. Burroughs:
To carry down the said Bill, and desire their Concurrence thereunto.
Sir T.Lombe's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention for the Benefit of this Kingdom."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bankrupt Bill.
A Message was brought from the House of Commons, by Mr. Alderman Barnard and others:
With a Bill, intituled, "An Act to prevent the committing of Frauds by Bankrupts;" to which they desire the Concurrence of this House.
The same was read the First Time.
Ordered, That the said Bill be printed.
E. of Shaftesbury to exchange Presentations to Livings in Dorsetshire, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for the Exchange of the Right of Presentation to the Rectory of Wimborne Allhallowes and Vicarage of Loders, in the County of Dorset; and for uniting the Rectories and Parishes of Wimborne St. Gyles and Wimborne Allhallowes."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet also on Thursday Morning next, at the same Place; and to adjourn as they please.
His Majesty's Consent to it.
Then the Duke of Newcastle (by His Majesty's Command) acquainted the House; "That the Interest of the Crown being concerned in this Bill, and His Majesty having been apprized of the Contents thereof, was willing their Lordships might proceed thereon as they should think fit."
Purton Common, to enclose, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for enclosing and dividing a Common Pasture Ground, called Momes Leaze, situate and lying in the Parish of Puriton, alias Purton, in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Little Kineton Common, to enclose, Bill.
The Lord Viscount Falmouth also reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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."
Commissioners for Trade to lay Acts and Reports in the Plantations before the House.
Ordered, That the Commissioners for Trade and Plantations do lay before this House, a Journal of the Assembly of The Massachusets Bay, held at Cambridge, on Wednesday the 27th Day of May 1730, and from thence adjourned to Boston, on the 16th of December following.
The Acts passed in New York, New England, and Virginia, for preventing the Sale of Rum to the Indians.
Extract of their Report in 1721, relating to the Trade from New England to the French Islands.
Extract of a Report made by Cadwallador Colden Esquire, Surveyor of New York, transmitted to them by William Burnet Esquire, deceased, so far as the same relates to the Navigation of the River of Canada.
Stafford to amend Appeal, Respondent being dead.
A Petition of Arthur Stafford Esquire and Susanna his Wife, was presented to the House, and read; setting forth, "That Major General Crofts Esquire, One of the Respondents to the Petitioners Appeal, who was chiefly concerned in Interest, being lately dead, and that the Petitioners cannot revive the said Appeal until there is a legal Representative in Ireland of him, whose Will is not yet proved; and praying Liberty to make his legal Representative a Party, when there shall be such Representative; and that the Hearing of the Cause may be put off until such Time as the House shall think fit:"
It is Ordered, That the said Hearing be put off till there be a legal Representative of the said Respondent.
Land Tax Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-two."
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 the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Duties on Salt, reviving Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for reviving the Duties on Salt, for the Term therein mentioned."
Proposed, "To commit the Bill."
Which being objected to;
And long Debate thereupon:
The Question was put, "Whether the said 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 Wednesday next; and the Lords to be summoned.
Records in selation to the late L. Powys, to be brought.
Ordered, That the Clerk of the Treasury of the Court of Common Pleas at Westminster, or the Keeper of the Records there, do attend the Lords Committees for Privileges, to whom the Matter relating to the Claim to the Barony of Powis is referred, with the Records of such Trials as are there found, in relation to the Estate of Edward Gray, the last Lord Powys.
Cotter against Barrymore & al.
The House being informed, "That a Person attended, in order to deliver in several Papers, in the Cause wherein Laurence Cotter Esquire is Appellant, and James Earl of Barrymore and others are Respondents:"
Pleadings proved.
He was called in; and delivered the same, at the Bar; and attested upon Oath, "They were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 29o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Hepburn Rickhart against E. Hoptoun.
The House being moved, "In regard the Hearing of the Cause wherein Arthur Stafford and his Wife are Appellants, and Major General Crofts, One of the Respondents, who is dead, is put off on that Account; that the Cause wherein James Hepburn Rickhart Esquire is Appellant, and Charles Earl of Hoptoun Respondent, may be brought forward, so as to be appointed to be heard in the Place of the said other Cause so put off:"
Cause brought forward.
It is Ordered, That the said Cause be brought forward accordingly.
Buswell's and Horton's Bill.
The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting certain Lands and Estates, in the Counties of Stafford, Leicester, Rutland, and Northampton, late the Estates of Sir Eusebiús Buswell Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Commissioners of Customs, to lay Accounts of Sugars before the House.
Ordered, That the Commissioners of the Customs do lay before this House, an Account of the Exports of Sugars to Foreign Parts, from Christmas 1710, to Christmas 1720; distinguishing Raw and Refined Sugars, and also each Year.
Also, an Accompt of the Amount of the Customs paid for Sugar imported into this Kingdom, from Christmas 1720, to Christmas 1730; distinguishing each Year.
Also, an Account of the Number of Ships, with their Tonnage, that have been entered at the several Ports of Great Britain, from the Sugar Colonies, from Christmas 1720, to Christmas 1730; distinguishing each Year.
And also, an Account of the Number of Ships, with their Tonnage, that have been entered at the several Ports of Great Britain, from the Northern Colonies, from Christmas 1720, to Christmas 1730; distinguishing each Year.
Sir Robert Furnese and Mr. Edgecumbe's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to empower Sir Robert Furnese Baronet to transfer and pay unto Richard Edgecumbe Esquire certain Government Securities and Money therein mentioned; and for settling Lands, of equal Value, upon the same Trusts," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Winnington and others:
With a Bill, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptford Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge;" to which they desire the Concurrence of this House.
Papers from the Board of Trade delivered.
The Earl of Westmorland (pursuant to the Order of Monday last) presented to the House several Acts, passed in New York, New England, and Virginia, for preventing the Sale of Rum to the Indians, and other Papers on that Subject.
And the Titles thereof were read, by the Clerk.
Messages from H. C. to return Poole's Bill;
A Message was brought from the House of Commons, by Sir Thomas Seabright and others:
To return the Bill, intituled, "An Act for Sale of the Manor of Kemble and Poole, in the County of Wilts, late the Estate of Henry Poole Esquire, deceased, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.
and the E of Abingdon's Bill.
A Message was brought from the House of Commons, by Mr. Watkin Williams Wynne and others:
To return the Bill, intituled, "An Act for vesting several Manors and Hereditaments, the Estate of Mountague Earl of Abingdon, in the Counties of Wilts, Oxon, Bucks, and Berks, in Trustees, to be sold, for raising Money, to discharge Debts and Incumbrances;" and to acquaint this House, that they have agreed to the same, without any Amendment.
E. of Peterborow's Privilege:
Complaint being made to the House, and Oath made at the Bar, "That Benjamin Rench had made a Doorway into a Field belonging to Charles Earl of Peterborow and Monmouth, in the Parish of Fulham, in the County of Middlesex, and brings in Quantities of Dung at the Said Door, in Breach of his Lordship's Privilege, and the Privilege of this House:"
Rench to be attached, for making a Door-way into his Field.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House do forthwith attach the Body of the said Benjamin Rench, and bring him in safe Custody to this House, to answer his said Offence; 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.
Province of Marylard to be heard, by Counsel, against Sugar Bill; and Counsel for it.
A Petition of Samuel Hyde, of London, Merchant, was presented, and read; praying, "That Counsel may be heard for the Province of Maryland, against the Bill for the better securing and encouraging the Trade in His Majesty's Sugar Colonies in America."
It is Ordered, That the Petitioner may be heard, by Counsel, as desired, against the said Bill, at the 2d Reading thereof; and that any Persons who shall think fit may be heard, as also Counsel for the Bill, at the same Time.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Mr. Sheppard and others:
With a Bill, intituled, "An Act for amending and making more effectual an Act made in the First Year of the Reign of King James the Second, intituled, An additional Act for the Improvement of Tillage;" to which they desire the Concurrence of this House.
Sir W. Morice's Bill.
After reading, and considering, the Report of the Judges to whom the Bill, intituled, "An Act for Sale of the Estate of Sir William Morice Baronet, in Padstow, in the County of Cornwall; and for settling another Estate, of better Value, to the same Uses, in Lieu thereof:"
It is Ordered, That the said Bill may be read a 2d Time.
The Bill was accordingly read a 2d Time.
Ordered, That the same be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Thursday the 13th Day of April next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Foreign Hops into Ireland, Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain an Act, made in the last Session of Parliament, intituled, "An Act for importing, from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament," so far as the said Act relates to the Importation of Foreign Hops into Ireland."
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."
Ordered, That the Earl of Warrington be added to the Lords Committees appointed to consider of the Bill for amending the Road from Manchester.
Justices of the Peace Qualification, Bill.
The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the further Qualification of Justices of the Peace:"
It is Ordered, That the House be put into a Committee thereupon, on Tuesday next.
Obliging Justices to proceed at Quarter Sessions.
The Order being also read, for the 2d Reading of the Bill, intituled, "An Act to oblige the Justices of the Peace, at their General or Quarter Sessions, to determine Appeals made to them, according to the Merits of the Case, notwithstanding Defects of Form in the original Proceedings; and to oblige Persons suing forth Writs of Certiorari, to remove Orders made on such Appeals into His Majesty's Court of King's Bench, to give Security to prosecute the same with Effect:"
It is Ordered, That the said Bill be read a 2d Time on Tuesday next; and the Judges to attend.
Plantation Trade Committee, Order discharged.
The Order being likewise read, for the House to be put into a Committee, to consider further of the Plantation Trade, so far as relates to the Sugar Colonies:
Moved, "That the Order be discharged."
After Debate thereupon;
The Question was put, "Whether the said Order shall be discharged?"
It was Resolved in the Affirmative.
Salt Duties reviving, Bill:
Then the last Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for reviving the Duties on Salt, for the Term therein mentioned:"
Merchants, &c. of Liverpool, against a Clause in the Salt Bill.
A Petition of the Merchants, Owners of Ships, Coopers, Fishermen, and others, concerned and employed in the Herring Fishery, within the Port of Liverpool, in the County Palatine of Lancaster, was presented to the House, and read; setting forth, "That the Petitioners apprehend, there is a Clause inserted in the Bill aforementioned, for allowing Fish, cured with Scots Salt, to be brought from Scotland to England, upon paying so much Duty as, added to the Duty payable upon Salt made in Scotland, shall amount to the full Duty payable in England for the Quantity of Salt necessary for curing such Fish; which, if passed, will, as they conceive, not only very much affect this Port, but the English Fishery in general;" and praying Consideration of the Premises, and Relief therein.
Mayor, &c. of the same Town, for the Clause.
Then, a Petition of the Mayor, Bailiffs, Aldermen, Merchants, and Owners of Ships, and others, concerned in the Herring Fishery, within the said Port-town of Liverpool, was also presented, and read; expressing their Apprehension, "That, in case the said Clause should pass into a Law, neither the Nation in general, nor this Town in particular, will in any wife be prejudiced thereby, because the Clause seems to the Petitioners to be calculated upon a just Foundation."
Then it being moved, "To reject the First of these Two Petitions:"
After Debate;
Ordered, That the said Petition be rejected.
Motion for a Clause in the Bill to exempt Salt for Manure, from Duties:
Moved, "That it be an Instruction to the Committee of the whole House to whom the last mentioned Bill stands committed, that they do receive a Clause, to exempt all Salt used for manuring of Land, from the Duties laid by the said Bill."
After Debate;
The Question was put thereupon.
And it was Resolved in the Negative.
Protest against rejecting it.
"Dissentient.
Abingdon.
"Because it has been found by Experience, during the Time the Duties upon Salt were taken off, that great Improvements have been made in several Parts of the Kingdom, by using Salt in manuring of Land; but, by the Revival of those Duties, without the Provision designed by this Instruction, there must be a total Stop put to all Improvements of that Nature: And we are convinced that, in a few Years, the Lands of England might have been raised, by the Use of this Manure, more than Double what this Tax will produce to the Government; and we apprehend this is a very improper Time to check the Industry of the People, and prevent their domestic Improvements, since, we fear, the National Wealth is not likely to be increased at this Time by any Foreign Commerce.
"Bridgewater.
Scarsdale.
Shaftesbury.
Strafford.
Northampton.
Tweeddale.
Warrington.
Boyle.
Litchfield.
Wa. & Nottingham.
Suffolk.
Gower.
Bathurst.
Coventry.
Masham.
Ker.
Carteret.
Bristol.
Thanet."
Motion for a Clause, to exempt Homemade Salt, used for victualing Ships, from Duties:
Moved, "That it be an Instruction to the said Committee, that they do receive a Clause, to exempt, from the Duties laid by the Bill, all Home-made Salt used in victualing of Ships."
After Debate;
The Question was put thereupon.
And it was Resolved in the Negative.
Protest against rejecting it.
"Dissentient.
"1st, Because the Duties to be laid by this Bill on all Home-made Salt, used in victualing of Ships, increases the Expence of the Royal Navy, and is a heavy Burthen upon the Trade and Navigation of the Kingdom; and will very sensibly affect the Merchants, already under great Difficulties, by reason of the Decay of Trade, and the many grievous Losses they have sustained, and Hardships they have undergone, by Depredations, Seizures, and Confiscations, too severely felt by most of the Traders of Great Britain, and too publicly known to be doubted of.
"2dly, Because this Duty upon our Home-made Salt must occasion many of our Merchants to victual their Ships Abroad, to the Diminution of the National Wealth, and to the great Detriment of the Landed Interest of this Kingdom.
"Strafford.
Scarsdale.
Litchfield.
Wa. & Nottingham.
Shaftesbury.
Bridgewater.
Tweeddale.
Boyle.
Gower.
Suffolk.
Warrington.
Coventry.
Ker.
Masham.
Bristol.
Carteret.
Northampton.
Bathurst.
Abingdon.
Thanet."
Motion for a Clause, to restrain all Salt Officers from having any Concern in Elections:
Moved, "That it be an Instruction to the same Committee, that they do receive a Clause, to restrain any Person, during the Time he shall be concerned or employed in the charging, collecting, levying, or managing, any of the Duties to be granted by the Bill, from being a Returning Officer, or voting, or influencing any Elector to vote, in Elections of Members to serve in Parliament."
After Debate;
The Question was put thereupon.
And, it was Resolved in the Negative.
"Dissentient.
Abingdon.
Protest against rejecting it.
"1st, Because the Officers employed in the Customs, in the Excise, in other Branches of the Revenues, and in other Parts of the Public Service, are already vastly numerous; they compose, in Effect, a Second Standing Army, and are, perhaps, in some respects, more dangerous, than that Body of Men properly so called: The Influence which they have in Elections of Members to serve in Parliament has been too often felt, to be denied; and we presume that Examples are not hard to find, where the Military Forces have been withdrawn, to create the Appearance of a free Election, and the Standing Civil Forces of this Kind have been sent to take this Freedom away: Should we suffer this Invasion on the Freedom of Election to continue, much more to increase, it will be easy, in our Opinion, to demonstrate, that one vital Principle of our present Constitution, and the Freedom of the British Government, must be lost; since the House of Commons might indeed afterwards be a Representative of an Administration, or of One single Minister, but could no longer be a true Representative of the People. We think ourselves obliged, therefore, to oppose the Growth of so great an Evil, upon every Occasion; and we apprehend, that every such Increase of Officers of the Revenue, as this Bill imports, is strictly such an Occasion; and therefore, we think, the Instruction should have been agreed to, that we might not add to that Evil, which, we conceive, is already too great.
"2dly, Because, from the very Institution of Parliaments, at least from the Time when they began to be composed and held in the Manner, and for all the Purposes, they now are, the principal Aim of the Enemies of Public Liberty has been, to enable the Crown to govern without them, or to corrupt their Members, or to destroy the Freedom of their Elections; from the same Time we may date the constant Care which has been taken, by the Friends of Public Liberty, to ward off those several Dangers; and the Laws which appear in our Statute-books, for regulating Elections for Members to serve in Parliament, as well as the Qualifications of the Electors and the Elected, are standing Monuments, which shew how early those Dangers began, and that the Opposition to them began as early. The Form of our Government, as it has been settled since the Revolution, leaves us no longer Room to apprehend the First of the Attempts mentioned: The Wisdom of this House has seemed, by rejecting the Pension Bill Three Times successively, to think the Laws already in Force susficient to prevent the Second: But the Third must, in our Opinion, be looked upon to be a growing Danger, and to require extreme Watchfulness against the Consequences of it, as long as the many heavy Taxes, and the present Management of the Public Revenues, keep up in all Parts of the Nation such an exorbitant Number of Receivers, Supervisors, Collectors, and other Tax-gatherers, who are maintained by the People, but are solely directed by the Treasury. The State of Property and the Nature of Tenures anciently, the real as well as pretended Prerogatives in Times more modern, gave to the Crown, among other Influences, a very great one in the Elections of Members of Parliament. Thanks be to God, and to the Virtue of our Forefathers, this State of Property is altered; these Tenures are abolished, and these Prerogatives are either taken away, or limited, defined, and fixed by Law. There will remain, therefore, no Means of destroying the Freedom of Elections, except those of Corruption, which, we hope, may be rendered ineffectual by the Law to which this House consented Two Sessions ago, to the entire Satisfaction of the whole Nation; unless the Dangers we are apprehensive of should arise by establishing such Augmentations of the Number of Officers employed in the Revenue, without Restrictions to prevent them from being Returning Officers, or voting, or influencing any Elector to vote, in future Elections.
"3dly, Because we apprehend that, if such Augmentations, without the aforesaid Caution, are suffered to be made, greater Danger will arise, from this new Influence, to the Freedom of Elections, and by Consequence to the Constitution of our Government, than ever did arise, when Prerogative was carried to the utmost Height, and the Influence of the Crown was the most severely felt and complained of. We apprehend that this exorbitant Number of Officers may, one Time or other, effect the Destruction of those Liberties, for the Preservation of which the Taxes were given which these Officers are employed to collect. We apprehend that, by consenting to the Increase of these Officers, without Restriction, we shall contribute to such an Influence, as may prove more fatal to Liberty than any of those which were formerly acquired; because it will be the Effect of a Parliamentary Establishment, and will make its Way the more surely, by making it indirectly, secretly, and silently.
"Strafford.
Scarsdale.
Shattesbury.
Bridgewater.
Warrington.
Litchfield.
Wa. & Nottingham.
Bristol.
Ker.
Boyle.
Bathurst.
Suffolk.
Gower.
Tweeddale.
Coventry.
Carteret.
Masham.
Northampton.
Thanet."
Moved, "That the House do now adjourn till Tomorrow Morning, Eleven a Clock."
Which being objected to;
The Question was put, "Whether this House shall be now adjourned to Eleven a Clock Tomorrow?"
It was Resolved in the Negative.
Then the House was adjourned during Pleasure, and put into a Committee upon the aforementioned Bill.
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 desire another Time may be appointed, to proceed further therein."
Ordered, That the House be put into a Committee again, to consider further of the said Bill, To-morrow.
Causes put off.
Ordered, That the Cause wherein Captain Alexander Hamilton is Appellant, and the Directors of the Dutch East India Company and William Drummond their Factor are Respondents, which stands for an Hearing To-morrow, be put off to Friday; and the Cause appointed for that Day put off to Monday next; and the other Causes removed in Course.
Ordered, That the Earl of Shaftesbury be added to the Lords Committees appointed to peruse and perfect the Journal of this and former Sessions of Parliament.
Gace's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for selling Part of the Estate of Joseph Gace Esquire, for discharging several Debts and Incumbrances affecting the same," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Lloyd's Bill:
The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd' Junior and Jane his Wife; and for the Sale of certain Lands in the County of Montgomery, for raising Three Thousand Pounds, and Six Hundred Pounds; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 30o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Sir R Furnese and Mr. Edgecumb's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to empower Sir Robert Furnese Baronet to transfer and pay unto Richard Edgecumbe Esquire certain Government Securities and Money therein mentioned; and for settling Lands, of equal Value, upon the same Trusts."
The Question was put, "Whether this Bill 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. Thurston and Mr. Burroughs:
To carry down the said Bill, and desire their Concurrence thereunto.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Two undivided Fourth Parts of the Manor of Greatham, and of other Lands and Hereditaments in the County of Sussex, the Estate of Barbara Mill and Frances Mill Spinsters, in Trustees, to enable them to join in the Sale of the said entire Manor, Lands, and Hereditaments, for raising Portions for them and their Two Sisters," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Sir W. Morice's Bill:
Ordered, That so much of the Order for committing the Bill, intituled, "An Act for Sale of the Estate of Sir William Morice Baronet, in Padstow, in the County of Cornwall; and for settling another Estate, of better Value, to the same Uses, in Lieu thereof," as appoints the Committee to meet on this Day Fortnight, be discharged; and that the Committee do meet, upon Consideration of the said Bill, the First Day of Meeting after the approaching Recess at Easter.
Sir T. Lombe's Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention for the Benefit of this Kingdom," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
E of Shaftesbury to exchange Presentations to Livings in Dorsetshire, Bill:
The Lord Delawarr also reported from the Lords Committees to whom the Bill, intituled, "An Act for the Exchange of the Right of Presentation to the Rectory of Wimborne Allhallowes and Vicarage of Loders, in the County of Dorset; and for uniting the Rectories and Parishes of Wimborne St. Gyles and Wimborne Allhallowes," was committed: "That they had considered the said Bill, and examined the Alle gations thereof; and that the Committee had gone through the Bill, and made One Amendment thereunto."
Which, being read Twice by the Clerk, was agreed to by the House.
Ordered, That the said Bill, with the Amendment, be engrossed.
Gace's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for selling Part of the Estate of Joseph Gace Esquire, for discharging several Debts and Incumbrances affecting the same."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
Pilots Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for the better Regulation and Government of Pilots licensed by the Corporation of Trinity House of Deptford Strond, in the County of Kent; and to prevent Mischiefs and Annoyances upon the River of Thames, below London Bridge."
Pirton Common to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enclosing and dividing a Common Pasture Ground, called Momes Leaze, situate and lying in the Parish of Puriton, alias Pirton, in the County of Wilts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
Little Kineton Common to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for exchanging, enclosing, and reducing into Severalty, several Common Fields, Common Meadows, and Waste Grounds, within the Manor and Township of Little Kineton, in the County of Warwick."
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 the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Buswell's and Horton's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Estates, in the Counties of Stafford, Leicester, Rutland, and Northampton, late the Estates of Sir Eusebius Buswell Baronet, deceased, in Trustees, to be sold, for the Payment of his Debts."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Lloyd's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for supplying a Defect in a Conveyance lately made by Charles Lloyd Senior and Sarah his Wife, and Charles Lloyd Junior and Jane his Wife; and for the Sale of certain Lands in the County of Montgomery, for raising Three Thousand Pounds, and Six Hundred Pounds; and for other Purposes therein mentioned."
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 the former Messengers:
To carry down the said Two last mentioned Bills, and desire their Concurrence to them.
Account of Brandy from Dunkirk delivered.
The House being informed, "That Mr. Oxenford, Inspector General of the Customs, attended:"
He was called in; and delivered, at the Bar, pursuant to the Order of this House of Thursday last,
A Return of the Commissioners of the Customs, with an Account of what Brandy has been imported from Dunkirk into England for Seven Years last past; distinguishing each Year, what Duties have been paid thereon, and how the same have been appropriated."
And then he withdrew.
And the Titles of the said Return and Account were read, by the Clerk.
Salt Duties reviving, Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for reviving the Duties on Salt, for the Term therein mentioned."
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."
Ordered, That the said Bill be read the 3d Time To-morrow; and the Lords to be summoned.
Causes put off.
Ordered, That the Cause appointed to be heard To-morrow be put off to Monday next; and the other Causes removed in Course.
Accompt of Exports to New England, &c. to be laid before the House.
Ordered, That the Commissioners of the Customs do lay before this House, an Accompt of the Value of the Exports to New England, New York, and Pensilvania, from Christmas 1714, to Christmas 1726; distinguishing each Country, and what were the Goods exported by Certificate, and how much thereof was the Produce and Manufacture of England.
Also, an Account of the Exports to His Majesty's Sugar Colonies in America, from Christmas 1714, to Christmas 1726; distinguishing how much by Certificate Goods, and how much by English Manufacture.
And also, an Accompt of the Value of the Exports to Africa, from Christmas 1714, to Christmas 1726; distinguishing how much by Manufacture, and how much by Certificate Goods.
Sugar Colony Bill put off.
Ordered, That the 2d Reading of the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America," and hearing Counsel and Witnesses as well for as against the said Bill, be put off till To-morrow, after the 3d Reading of the Salt Bill.
Committee Courts of Equity revived.
Ordered, That the Committee appointed to consider of the Method of drawing up, entering, and passing, Decrees and Orders of Courts of Equity, be revived; and meet To-morrow Morning.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, tricesimum primum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 31o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
E. of Shaftesbury to exchange Presentations to Livings in Dorsetshire, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the Exchange of the Right of Presentation to the Rectory of Wimborne Allhallowes and Vicarage of Loders, in the County of Dorset; and for uniting the Rectories and Parishes of Wimborne St. Gyles and Wimborne Allhallowes."
The Question was put, "Whether this Bill 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. Thurston and Mr. Burroughs:
To carry down the said Bill, and desire their Concurrence thereunto.
Guinand, &c. Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize Joseph Guinand and David Dumouchell."
Holzendorff et al. Petition to be added to it.
A Petition of Charles Holzendorf Esquire, Isaac Van Assendelft, James Dulamon, and Hermanus Berens, was presented to the House, and read; praying, "That their Names may be inserted in the Bill last mentioned:"
It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a 2d Time.
Salt Duties to revive, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for reviving the Duties on Salt, for the Term therein mentioned."
After Debate;
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
"Dissentient.
Abingdon.
Protest against it.
"1st, Because this Tax hath been found, by long Experience, to be most grievous to the Subject; for which Reason the Parliament lately, upon the Recommendation of His Majesty from the Throne, chose to repeal this, as the most oppressive Part of the Sinking Fund, for the Ease and Relief of the Subject: It may therefore seem very extraordinary that, in so short a Time, before the People have received much Benefit from it, in a Time of Peace, and without any Necessity (that appears to us), and when the Supply might be raised with less Charge and Inconvenience within the Year, we should have Recourse to a Tax too odious and oppressive to be continued, even for the Payment of the National Debt.
"2dly, Because, we have Reason to believe, the Parliament would not have cut off such a Branch of the Sinking Fund (which has been esteemed so sacred and necessary), if it could have been thought that it could ever have been applied to any other Use; and it may give Cause to apprehend that the rest of the Sinking Fund may, by the same Means, and to the same Purposes, be occasionally diminished, till it is reduced too low to satisfy the Public Creditors, and discharge the immense Debts of the Nation; which Opinion (if it should once prevail) would effectually destroy the Public Credit, and involve the King and Kingdom in inextricable Difficulties.
"3dly, Because this Tax, instead of being applied to the paying of our Debts, occasions the Increase of them; and, instead of raising the Supply within the Year, which is always most eligible, even in Time of War, if it can be done, and which Method (if it had been taken at first and pursued) had left the Nation free and unincumbered to us and our Posterity. We now mortgage the Revenue, in Time of Peace, for a Term of Years, though but a short one, but what the People notwithstanding may apprehend will be continued, and be made a Precedent in all Supplies for the future; which Method of anticipating the Revenue, must necessarily weaken the Government, by depriving it of the Means necessary for its Support, in case of any sudden Emergency of War, or other public Calamity, and, in Consequence, throw all the Weight of the Public Expence upon the Landed Interest, which will pay dear for the Relief of One Shilling in the Pound only in this Year's Land Tax.
"4thly, Because it is liable to Frauds and great Deductions, which make the real Produce into the Exchequer little, though it raises much upon the People; and is a great Discouragement to the Fishery, a Burthen upon the Trade and Navigation of the Kingdom.
"5thly, Because it is not only a great Burthen to the Land Estates, and particularly to the Grazing Farms; but even a Prohibition to all Improvements of Land, in those Parts where it is used for Manure.
"6thly, Because, as this Excise is proposed without any apparent Necessity or Convenience to the Public, or even any real Advantage (as is suggested) to the Landed Interest, it must necessarily create a Jealousy in the People, that it is a Step and Introduction to a more general one; than which, nothing can be more odious and dreaded, but a Standing Army, that must necessarily attend the Execution of it.
"7thly, Because Scotland being charged only with One Shilling per Bushel on Salt, which is not a Third Part of the Duty, introduceth an Inequality in Trade, contrary to that which seems established by the Articles of the Union, and tends to the keeping up invidious Distinctions between the Two Parts of the United Kingdom: It may justly be doubted if the Exemption from this Duty at the Time of the Union is a sufficient Reason for the like now, since the Duty was appropriated to the Debts of England contracted before, and is now revived for the current Service of this Year; yet, under the Appearance of Favour, the People of Scotland will, at least, pay in Three Years the full Sum of £.24,672, for the Saving of the One Shilling in the Land Tax in the current Year, amounting to less than £.12000; so that Scotland, instead of being eased by this Bill, is doubly loaded and restrained in her Trade, upon Account of this Distinction; and all the Bounties upon Exportation payable now there by Law are rendered precarious; and consequently this Tax should not, in our Opinions, have been imposed.
"8thly, Because the Subjects are laid under grievous Penalties by this Bill, the incurring of which cannot, in many Cases, be prevented, notwithstanding the strictest Care; whereby the most Innocent may be subjected to the Discretion and Mercy of the Commissioners and Officers of the Revenue, wherein the greatest Partiality may be exercised.
"9thly, Because all Taxes, which require a Multitude of Officers to be employed in collecting them, and which give thereby both Occasion and Pretence to quarter Numbers of useless Subjects on the Labour and Industry of others, become so chargeable and oppressive, that they are hardly borne in the most arbitrary Governments, and that they seem repugnant to the very Nature of a Government constituted like ours. The sole Expence of levying this Tax, added to the Interest which must be paid for Loans made on the Credit of it, will appear, on a fair Calculation, sufficient to discharge, in a competent Number of Years, the Principal and Interest of the whole Sum for which the Supply is given. In Point of good Husbandry, therefore, we think that a Tax of this Nature should be rejected in any County, where Reason is not subdued by Force, and where Private Will has not been yet received for Law: But in a limited Monarchy like this of Great Britain, where the Powers of the Constitution are divided and balanced, and yet the whole Executive Power is entrusted to the Prince; we apprehend that those frequent and great Augmentations of the Number of Officers, appointed, directed, and paid, by the Authority of the Crown, though employed in collecting and managing Revenues which are no Part of the Revenue of the Crown, ought to be esteemed dangerous to public Liberty; and, for that superior Reason, to be eternally avoided.
"Bridgewater.
Tweeddale.
Scarsdale.
Shaftesbury.
Boyle.
Strafford.
Warrington.
Carteret.
Northampton.
Litchfield.
Bathurst.
Wa. & Nottingham.
Bristol.
Gower.
Tadcaster.
Coventry.
Ker."
Message to H. C. that the Lords have agreed to the Bill.
A Message was sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Staunton Commons to enclose, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming the Exchanges, Enclosures, and Divisions, of the Common Fields, Common Meadows, Common Grounds, and Commons, within the Parish of Staunton, in the County of Wilts; and for other Purposes therein mentioned."
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 Wednesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir T. Lombe's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for providing a Recompence to Sir Thomas Lombe, for discovering and introducing the Arts of making and working the Three Capital Italian Engines for making Organzine Silk; and for preserving the Invention for the Benefit of this Kingdom."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Foreign Hops into Ireland, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain an Act made in the last Session of Parliament, intituled, "An Act for importing, from His Majesty's Plantations in America, directly into Ireland, Goods not enumerated in any Act of Parliament," so far as the said Act relates to the Importation of Foreign Hops into Ireland."
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 the former Messengers:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Pilots to be heard against the Bill for regulating them; and Counsel for the Bill.
A Petition of the Persons whose Names are thereunto subscribed, licensed Pilots of the Trinity House of Deptford Strond, in the County of Kent, in Behalf of themselves and others, licensed Pilots of the said Corporation, was presented, and read; praying Liberty to be heard, by themselves and Counsel, against the Bill for the better Regulation and Government of Pilots; or that they may have such other Relief as to this House shall seem meet.
It is Ordered, That the said Bill be read a 2d Time on Tuesday next; and that the Petitioners may be heard, as desired, against the said Bill, at the said 2d Reading; as may any others, who think fit, be heard, by themselves and Counsel, for the Bill, at the same Time.
Message from H. C. to return Sir Francis Henry Drake's Bill.
A Message was brought from the House of Commons, by Mr. Copleston and others:
To return the Bill, intituled, "An Act for advancing and applying Four Thousand Pounds, Part of the Portion of Dame Anne Drake, Wife of Sir Francis Henry Drake Baronet; and for leasing out certain Lands and Hereditaments, in the County of Devon, for Lives, according to the Custom of the Country;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.
The House proceeded to take the said Amendment into Consideration.
And the same, being read Thrice, was agreed to.
And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.
Lady Gerard's Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of Sir William Gerard Baronet, a Lunatic, for Payment of his Debts, and other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Debtors Petition, in relation to the Bankrupts Bill.
A Petition of the several Bankrupts, Prisoners in The Fleet, thereto subscribed, in Behalf of themselves and many others in the like unhappy Circumstances, was presented, and read; praying, "That a Clause may be added to the Bill now depending in this House, to prevent the committing of Frauds by Bankrupts; that they may be set at Liberty, upon petitioning the Lord Chancellor, after being examined, and delivering up their All, if no Creditor can shew any just Cause for detaining the Bankrupt in Prison; or that such other Relief may be given the Petitioners, as to the House shall seem meet."
It is Ordered, That the said Petition do lie on the Table till the said Bill be read a 2d Time.
Act to improve Tillage, to amend, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for amending and making more effectual an Act made in the First Year of the Reign of King James the Second, intituled, An additional Act for the Improvement of Tillage."
Sugar Colonies, Bill.
The Order of the Day being read, for the Second Reading the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America;" and for hearing Counsel and Witnesses, as well for as against the Bill:
Counsel and Witnesses were accordingly called in; and the Bill read a 2d Time.
And Counsel were heard, for some of the Provinces, against the said Bill.
And then they were directed to withdraw.
And being withdrawn:
It is Ordered, That the further Hearing in relation to this Matter be adjourned till Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Aprilis jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.