House of Lords Journal Volume 25: February 1741, 1-10

February 1741, 1-10

DIE Martis, 3^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Edgworth against Edgworth.

The Answer of Edward Edgworth Esquire, to the Appeal of Packington Edgworth and Mary Edgworth, was brought in.

Thanks to Bp. of Bristol, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Bristol, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

E. Strafford's Petition referred to Judges.

Upon reading the Petition of William Earl of Strafford, an Infant of about the Age of Nineteen Years, and Anne Countess of Strafford, Mother and Guardian of the said Earl; praying Leave to bring in a Bill, for making effectual an Agreement, in the Petition mentioned, for settling the said Earl's Estates to the Uses expressed in the said Agreement, bearing Date the 31st Day of December last, and made between the Petitioners of the One Part, and the Duke of Argyll and Lady Anne Camp'ell of the other Part:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the same Judges to whom the Countess of Strafford's Petition, presented to this House the 15th of January last, stands referred.

D. Beaufort and D. Portland, Petition referred to Judges.

Upon reading the Petition of Henry Duke of Beaufort, and also of William Duke of Portland, for himself, and on the Behalf of William Henry Cavendishe Bentinck Esquire, commonly called Marquis of Titchfield, an Infant of about the Age of Two Years and Ten Months, his only Son and Heir Apparent; praying Leave to bring in a Bill, for confirming and establishing a Partition of certain Estates, in the Petition mentioned, lying in the Counties of Southampton and Wilts, between the Petitioners; and for settling their specific Parts and Shares, by virtue of such Partition, to the same Uses as their undivided Moieties stood limited before the said Partition:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Justice of the Court of Common Pleas; with the usual Directions, according to the Standing Order.

Rice to take the Name of Tutt, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable John Rice and his Heirs to take and use the Surname of Tutt, pursuant to the Will of John Tutt, Gentleman, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Knutsford Chapelry, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making the Chapelry of Nether Knutsford, in the Parish of Rosthern, and County of Chester, a separate and distinct Parish; and for erecting a Parish Church therein, endowing the same, settling the Right of Presentation thereto, and other Purposes."

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

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

Common Recoveries, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to amend the Law concerning Common Recoveries; and to explain and amend an Act made in the Twentyninth Year of the Reign of King Charles the Second, intituled, An Act for preventing of Frauds and Perjuries, so far as the same relates to Estates pur auter Vie."

Ordered, That the said Bill be committed to a Committee of the whole House, on this Day Sevennight.

Western's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Thomas Western Esquire, in the County of Bucks, in him and his Heirs; and for settling another Estate, in the County of Cambridge, of greater Value, to the Uses of his Marriage Settlement; and also for rendering a Power of Revocation contained in that Settlement more effectual for the Purposes thereby intended."

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

It was Resolved in the Affirmative.

E. Scarsdale's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the Seat and Estates of Nicholas late Earl of Scarsdale, deceased, in the several Counties of Derby and Nottingham, comprized in his Settlement and Will, and the Furniture there at his Death, in Trustees, to be sold, for speedier Payment of his Debts; and preserving the Surplus, to go according to his said Settlement and Will."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Bennet:

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

Kensington, &c. Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act made in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Roads, in the Parishes of Kensington, Chelsea, and Fulham, and other Parishes therein mentioned, in the County of Middlesex; and for repairing some other Roads, in the Parish of St. George, Hanover Square, and the said Parishes of Kensington and Chelsea."

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

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

Worsop & al. peremptorily to answer E. of Ross's Appeal.

The House was informed, "That Elizabeth Worsop, Worsop Bush, and Noah Webb, Respondents to the Appeal of Richard Earl of Ross, have not put in their Answers thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of James Mahony of the City of Dublin Gentleman, of the due Service of the said Order, being read:

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

Chawton Common enclosing Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, and an Award, for dividing and enclosing certain Common Fields, and a Common called Chawton Common, in the Parish of Chawton, in the County of Southampton."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 18th Instant; and to adjourn as they please.

Against Exportation of Corn, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prohibit, for a Time therein limited, the Exportation of Corn; Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon."

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

Rear Admiral Haddock and Ogle's Answers to D. Newcastle's Letters.

The Duke of Newcastle, by His Majesty's Command, presented to the House, pursuant to their Lordships Address of the 28th of January last, several Papers, with a List thereof; which was read, as follows; (videlicet,)

"Copy of a Letter from Sir Chaloner Ogle, to the Duke of Newcastle; Lancaster, in Gibraltar Bay, March 7th, 1739/40; received 29th."

"Copy of a Letter from Rear Admiral Haddock, to the Duke of Newcastle, as far as it relates to the Duke of Newcastle's. Letter, dated February 14th, 1739/40, and the Execution of the Orders contained therein; Somerset, Mahon Harbour, March 24th, 1739/40; received April 10th."

"Copy of a Letter from Rear Admiral Haddock, to the Duke of Newcastle; Somerset, Mahon Harbour, April 10th, 1740; received May 8th."

"Copy of a Letter from Rear Admiral Haddock, to the Duke of Newcastle, as far as it relates to the Duke of Newcastle's Letter, dated April 4th, 1740, and the Execution of the Orders contained therein; Ipswich, Mahon Harbour, April 21st, 1740; received May 8th; enclosing,

"Copy of Rear Admiral Haddock's Orders to Sir Chaloner Ogle, January 21st, 1739."

"Copy of Rear Admiral Haddock's Orders to Sir Chaloner Ogle, April 14th, 1740."

"Copy of Rear Admiral Haddock's Orders to Sir Chaloner Ogle, April 15th, 1740."

"Disposition of His Majesty's Ships and Vessels under the Command of Rear Admiral Haddock, in and about The Mediterranean, April 20th, 1740."

Ordered, That the said Papers do lie on the Table.

Scawen & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Scawen Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting Part of the Tithes of Rygate, in the County of Surry, in Robert Scawen Esquire and his Heirs; and for settling another Estate to the Uses limited of the said Tithes, by the Will of Sir William Scawen Knight, deceased."

Visc. Barrington, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Lord Viscount Barrington; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting an Estate for Life in William Lord Viscount Barrington, in the Kingdom of Ireland, of and in certain Messuages and Tenements in the City of London, late the Inheritance of Mary Lady Viscountess Barrington his Wife, upon the Terms mentioned in their Marriage Settlement."

Cadington Chapel, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making a Chapel, lately built by John Coppin Esquire, in the Parish of Cadington, in the County of Hertford, a perpetual Cure and Benefice; and for other Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on this Day Sevennight.

Edgworth against Edgworth.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Packington Edgworth and Mary Edgworth are Appellants, and Edward Edgworth Esquire is Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 23d Instant.

Estimates of the Army considered.

The Order of the Day being read, for taking into Consideration the several Estimates of the Charge of the Guards, Garrisons, and other Land Forces; the Charge of His Majesty's Forces, in the Plantations, Minorca, and Gibraltar; and the Charge of Seven Regiments of Foot, and Four Regiments of Marines, to be raised for the Year 1741, laid before this House the 19th of January last.

Motion for an Address against the intended Augmentation of it:

It was moved, "To resolve, That an humble Address be presented to His Majesty, humbly representing to His Majesty, That this House cannot conceive the intended Augmentation of Land Forces to be necessary, either from the present Situation of Affairs in Europe, or from any Lights they have received, such as have always been thought necessary by our Ancestors, to justify the laying any extraordinary Burthens on the Subject; and most humbly to beseech His Majesty, That, if He should, however, think so great an Augmentation absolutely necessary, He will, at least, be graciously pleased (as well for the present as for the future Ease of His Subjects) to order it to be made in the most frugal Manner, by such an Addition of Private Men to the present Regiments, as His Majesty, from His own Wisdom and Knowledge of the Practice of most other Countries, may judge to be most proper for Military Service, and least dangerous to this Constitution."

Which being objected to:

After long Debate thereupon;

The Question was put, "Whether such Address shall be presented to His Majesty?"

It was Resolved in the Negative.

Protest against it.

"Dissentient.

"1st, Because we conceive that nothing less than an evident and absolute Necessity should prevail with us to consent to any Augmentation of our Land Forces, which, in our Opinions, are at present fully sufficient for any good Purposes, either Abroad or at Home, being very near equal to the highest Establishment during the whole Course of the last general War. The National Troops now subsisting (exclusive of those in Ireland) amount to 51,515 Effective Men; whereas our greatest Number of National Troops in the last War was but 67,000 Men, including the Non-effectives, which, reduced to the Foot of our present Establishment, makes but 57,000 Effective Men; and the present intended Augmentation of 10,325 Men is such an Exceeding, as can only be authorized by the like public Dangers, which Dangers not appearing to us, either from the Debate, or from any Information we have obtained, we are unwilling to trust more Force in the Hands of an Administration, which (as far as we are able to recollect) have not hitherto employed any they have been so entrusted with to the Honour or Advanvantage of the Nation. Extraordinary Trust and Considence ought, as we apprehend, only to be placed in such, who, by the Experience of their past Conduct, have justly established their Credit, and entitled themselves to be so trusted. But when we look back upon the several Augmentations within these last Twenty Years, demanded and granted upon Causes more strongly asserted than clearly proved, but visibly without any good End ever attained; and particularly when we reflect, that, by a most unaccountable Fluctuation and Contrariety of Measures, a very great Augmentation was made in the Year 1727, to act in Conjunction with France against the House of Austria, for whose Defence the present Augmentation is said to be principally intended; we thought it our Duty to endeavour to prevent any unnecessary Increase of our Land Forces; not being influenced either by the pretended Apprehensions or real Fears of an Administration, the boldest in Domestic, but, as we apprehend, the most pusillanimous in Foreign Transactions.

"2dly, Because we conceive that Dangers alleged from Disaffection at Home are in a great Measure groundless, no Symptoms of such Disaffection having appeared for many Years, and the Principles upon which it was formerly grounded being almost universally worn out and exploded; and we think it highly necessary to distinguish between Dissatisfaction arising only from the Conduct of the Administration, and Disaffection to His Majesty and His Royal Family, though some may desire to blend them; for, had the present general Dissatisfaction, at the inglorious though burthensome Measures of the Administration, been in Truth Disaffection to His Majesty, as hath been often falsely suggested by those who desire to confound His Cause with their own, Twice the Number of Troops now proposed would not be sufficient to secure the Peace of the Kingdom: But, on the contrary, we are persuaded that the Duty and Loyalty of the Nation to His Majesty and His Royal Family, and their Hopes from His Virtues, have checked and kept the Dissatisfaction against the Administration within the due Bounds of Concern and Lamentation.

"3dly, Because, considering the Advantage of our Situation as an Island, and our Superiority at Sea, it is impossible for us to think ourselves in any Danger of an Invasion from Spain, even if those Fleets were now in their Ports, which we suffered them to send to America. Nor can we conceive that about 28,000 Effective Men, now actually in this Kingdom, with all the Advantages of Horse and Artillery, is not Force sufficient to secure us from any Body of Foot that any other Power could possibly land on our Coast by Surprize. And as for any great Embarkation, it can neither be made on a sudden nor in secret; we must have timely Notice to provide superior Fleets (which in such a Case we presume would be allowed to act), to strengthen our own Corps, and render such an Attempt wholly impracticable. In which Opinion we are the more confirmed, because that in the most glorious Year of the last War, when the Duke of Marlborough and his Army were in the Middle of Germany, out of Reach of giving us any Assistance at Home, it was not thought necessary, by the wise Administration of that Time, to keep above 9000 Men in this Island, for our Defence against France, then irritated by our Successes; and surely Three Times that Number must be now abundantly sufficient, unless more are wanted for Purposes not thought of by former Administrations, nor yet openly avowed by this.

"4thly, Because, whatever Demands may be made upon us by our Allies on the Continent, we conceive, may be answered by the Foreign Troops now in our Pay; and should any further Assistance to them be necessary, it will not only be cheaper and safer to us, but more advantageous and agreeable to those Powers themselves, that we should furnish our Quotas in Money, with which they may raise a greater Number of Men than we are obliged to supply.

"5thly, Because it has been undeniably proved, that this Method of Augmentation, by new Corps, is by One Third more expensive than that of adding Private Men to Companies; the Expence of raising these 5705 Men amounting to £.116,322. 14s. 2d. whereas 5780, raised by additional Men to Companies, with a Second Lieutenant to each Company, would have amounted but to £.86,992. 15s.; which would be not only a present Saving of £.29,329. but a future Saving of £.10,134. per Annum upon the Halfpay of the Officers of these Seven Regiments, the few Officers taken out of the Half-pay only excepted. And we think that, at a Time when the Public Expence is so very considerable, the strictest Œconomy is requisite, the better to enable a burthened and indebted Nation to continue those Expences, that may be more necessary to be borne than easy to be supplied. And as to the Advantage of the Service, the Facts plainly proved in the Debate, together with the Practice of most other Nations in Europe, and in particular of His Majesty's Electoral Dominions, convince us, that, if this Augmentation was made by additional Men to Companies, with a proper Increase of Serjeants and Corporals, the Military Service at least, for which alone it ought to be intended, would be better carried on than by the Method now to be pursued.

"6thly, Because Arguments drawn from the Usage of France, we conceive, do not hold with relation to us; it being well known, that the Expence of 150,000 French Troops does not amount to more than 50,000 English; that their Government, though once limited, is now absolute and military; that the Poverty of their numerous Nobility forces most of them into the Army, where the Court is glad to engage and keep them in Dependance; and that no Danger can arise to that Constitution from the Civil Influence which may attend such an Establishment, their Parliaments being only nominated by the Crown, and long since reduced, by Ministerial Arts, from their original Power and Dignity, to be no more than Courts of Justice and Revenue.

"7thly, Because we apprehend that this Method of Augmentation by new Corps may be attended with Consequences fatal in Time to our Constitution, by increasing the Number of Commissions, which may be disposed of with regard to Parliamentary Influence only. And when we look back upon the Conduct of the Administration in relation to Military Affairs, we have but too much reason to suspect that Parliamentary Considerations have of late been the principal Causes of Favour and Disgrace. We have lately too seen new-raised, raw, and undisciplined Regiments sent Abroad upon the most important Services; and others, seemingly much fitter for such Services, peaceably encamped at Home; for no other Reason, as is generally supposed, than the different Situations of the respective Officers of the several Corps. But this at least is certain, that, in all the new raised Regiments sent to America, there is but One single Member of Parliament, which could hardly have been the Case of any equal Number of Regiments in the whole Service: And what further induces us to entertain these Suspicions is, that this Method of Augmentation, by One Third the most expensive, and by no Means proved to be the most conducive to the Service, should be preferred at this Time, when an Œconomy proportioned to the Greatness of our Expences seems particularly requisite; since the War, by our Inaction hitherto, and the Advantages thereby given to the Enemy, may now probably be of long Duration, if not of doubtful Success. Our Distrust of the Motives of this Augmentation, which creates at once 370 Officers, which, by the Removals in the Army, may occasion Three Times that Number of new Commissions, ought to be the greater, and our Care to prevent the ill Effects of it the more vigilant, so near the Election of a new Parliament, a Crisis when any Increase of Influence gained to a Minister may give a decisive and incurable Wound to this Constitution. And we cannot forget that an Augmentation of 8040 Men was likewise made the very Year of the Elections of the present Parliament, by bringing over Eight Regiments from Ireland, and by additional Men to Corps in Britain; which Time has since shewn were never intended for Foreign Service, though they were said to be designed for the Preservation of the Dominions of the House of Austria, which we then lay under the same Engagements both of Interest and Treaties to defend. The Number of Officers in Parliament has gradually increased, and is now more considerable than ever; and though we think the Gentlemen of the Army as little liable to undue Influence as any other Body of Men, yet we think it would be very imprudent to trust the very Fundamentals of our Constitution, the Independency of Parliaments, to the uncertain Effects of Ministerial Favour or Resentment. And as it is well known, that the Four Eldest Officers of the Army (the only Officers who have served in any high Rank Abroad) are now displaced, without any Crime having ever been alleged against them, we have great Cause to dread that an Army thus circumstanced, and thus influenced, would, in each Capacity, be fatal to our Liberties, since Ministerial Art in Parliaments can alone destroy the Essence of our Constitution, and open Violence alone the Forms of it.

"Ward.
Buccleuch.
Denbigh.
Westmorland.
Bridgewater.
Exeter.
Greenwich.
Shaftesbury.
Carlisle.
Cobham.
Foley.
Bristol.
Berkshire.
Bathurst.
Falmouth.
Ker.
Thanet.
Litchfield.
Hereford.
Abingdon.
Beaufort.
Mansel.
Montjoy.
Macclesfield.
R. Lincoln.
Aylesford.
Bruce.
Masham.
Chesterfield.
Bedford.
Talbot.
Gower.
Halifax.
Haversham."

Account of Customs for Goods imported from Ostend and Dunkirk.

The House being informed, "That Mr. Paul, from the Custom-house, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Order of the 28th of January last,

"The Return of the Commissioners of the Customs, with an Accompt of what Sums of Money have been received, as Custom, for Goods imported from the Ports of Ostend and Dunkirk, for Five Years, to Christmas 1740."

Also, "An Account of what Ships have been cleared at the Custom-House, for either of those Ports, in the said Time."

And then he was directed to withdraw.

And the Titles of the said Accounts were read.

Ordered, That the same do lie on the Table.

Adjourn.

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

DIE Mercurii, 4^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Then, in order for the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day; being, by His Majesty's Royal Proclamation, appointed for a General Fast and Humiliation;

Adjourn.

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

DIE Jovis, 5^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bishop of Chichester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Chichester, for the Sermon by him preached before this House, Yesterday, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Neale & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Neale Esquire and Frances his Wife; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Neale Esquire, in the County of Bucks; and for settling another Estate, in the County of Warwick, in Lieu thereof.

Rice to take the Name of Tutt, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable John Rice and his Heirs to take and use the Surname of Tutt, pursuant to the Will of John Tutt Gentleman, deceased."

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. Edwards:

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

Visc. Barrington's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting in William Lord Viscount Barrington in the Kingdom of Ireland, for Life, certain Messuages and Tenements in the City of London, late the Estate of Mary Lady Viscountess Barrington his Wife, upon the Terms mentioned in their Marriage Settlement."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 20th Instant; and to adjourn as they please.

Driffield Common enclosing Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing several Open Fields, Pastures, and Commons, in the Township of Great Driffield and Little Driffield, in the County of York; and for settling certain Yearly Payments to the Prebendary of Driffield, for the Time being, in Lieu of his Tythes, pursuant to an Agreement and an Award made for those Purposes," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Knutsford Chapelry, Bill.

The Earl of Findlater made the like Report from the Committee to whom the Bill, intituled, "An Act for making the Chapelry of Nether Knutsford, in the Parish of Rosthern, and County of Chester, a separate and distinct Parish; and for erecting a Parish Church therein, endowing the same, settling the Right of Presentation thereto, and other Purposes," was committed.

Tetbury Church Bill.

The Order of the Day being read, for the further Hearing of Counsel, and Consideration of, the Bill, intituled, "An Act for the Sale of the Advowson of the Church of Tetbury, in the County of Glocester; and for applying the Money arising by such Sale for re-building the said Church."

The House was informed, "That the Petitioners against the said Bill had proposed to the Prosecutors thereof, to repair the said Church with the Money collected by virtue of the Brief which had been granted for that Purpose, and the Interest thereof; and to give any reasonable Security for the Performance of the said Repairs."

And thereupon the Agents on both Sides, together with Mr. John Taylor and Mr. Charles Savage, were called in.

And Mr. Crausurd, Agent for the Petitioners against the Bill, acquainted the House as abovementioned; and, "That those Two Gentlemen would give Security by Way of Recognizance, to Two Masters in Chancery, within a few Days, in the Penalty of £.4000."

Whereupon, Mr. Perkins, Agent for the Petitioners for the Bill, informed the House, "That the Persons proposed to be Security were Strangers to him; and therefore desired one Mr. Estcourt, who had been mentioned at the Bar, might be joined with them."

After which, it was proposed, "That a Surveyor should be agreed on, to fee that the Repairs of the said Church should be done in such a substantial and effectual Manner as should by him be approved of."

And Mr. Smith, of Warwick, being named; it was agreed, he should be the Surveyor.

They were all directed to withdraw.

Ordered, That the further Consideration of the said Bill be put off to this Day Fortnight.

Then the several Persons who were before at the Bar were again called in; and acquainted with what the House had ordered; and told, "It was done with a View that, in the mean Time, the Security proposed might be given in an effectual Manner."

They were a Second Time directed to withdraw.

Brincklow Common Enclosing Bill.

The Duke of Newcastle acquainted the House, That His Majesty, having been apprized of the Contents of the Bill, intituled, "An Act for enclosing and dividing the Common Fields, Common Pastures, Common Meadows, and Waste Grounds, in the Manor and Parish of Brincklowe, in the County of Warwick," was pleased to consent thereunto, as far as the Interest of the Crown was concerned."

Against exporting Corn, &c. Bill.

The other Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to prohibit, for a Time therein limited, the Exportation of Corn, Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon."

Ordered, That the House be put into a Committee thereupon, on Tuesday next; and the Lords to be summoned.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1739, and 31st of December 1740; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied."

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

Hudleston & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Huddleston Esquire and others; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting certain Manors, Lands, and Tenements, of William Huddleston Esquire, in Trustees, to be sold, for Payment of his Debts."

Bourdillon & al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing of Gedeon Bourdillon and John David Billon."

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

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

Ordered, That the Petition of Mathew Houseman, praying to be added to the said Bill, be referred to the said Committee.

Scawen's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting Part of the Tithes of Ryegate, in the County of Surrey, in Robert Scawen Esquire and his Heirs; and for settling another Estate to the Uses limited of the said Tithes by the Will of Sir William Scawen Knight, deceased."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Friday the 20th Instant; and to adjourn as they please.

Adjourn.

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

DIE Veneris, 6^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Neale's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of John Neale Esquire, in the County of Bucks; and for settling another Estate, in the County of Warwick, in Lieu thereof."

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

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Saturday the 21st Instant; and to adjourn as they please.

Hudleston's Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting of certain Manors, Lands, and Tenements, of William Hudleston Esquire, in Trustees, to be sold, for Payment of his Debts."

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.

Sir John Jennings, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Jennings Knight, on Behalf of his only Son and Heir, an Infant; praying Leave to bring in a Private Bill:

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

Bill read.

Hodie 1^a vice lecta est Billa, intituled, "An Act for enabling Sir John Jennings and George Jennings Esquire, his Son, a Minor, to convey certain Estates, in Surrey and Hertfordshire, for the Benefit of the said George Jennings and such Wife as he shall marry, and the Issue of such Marriage."

Driffield Common enclosing, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing several Open Fields, Pastures, and Commons, in the Townships of Great Driffield and Little Driffield, in the County of York; and for settling certain Yearly Payments to the Prebendary of Driffield, for the Time being, in Lieu of his Tithes, pursuant to an Agreement and an Award made for those Purposes."

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

It was Resolved in the Affirmative.

Knutsford Chapelry Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making the Chapelry of Nether Knutsford, in the Parish of Rosthern, and County of Chester, a separate and distinct Parish; and for erecting a Parish Church therein, endowing the same, settling the Right of Presentation thereto, and other Purposes."

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 the Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr. Sawyer and Mr. Montague:

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

Motion for Papers, &c. relating to the Convention.

Moved, "To order, 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, all the Powers, Instructions, Memorials, Letters, and Papers, relating to the Convention between Great Britain and Spain, concluded at The Pardo, January 14th, 1739, N. S."

And thereupon the Address of this House, of the First Day of March 1738, upon Consideration of the said Convention, was read.

As was also the Standing Order, directing that Causes be called in at Eleven o'Clock.

And a Debate arising, upon the foregoing Motion:

It was moved, "To adjourn the said Debate to Monday next."

The same was objected to.

And the Question being put, upon the said Motion.

It was Resolved in the Negative.

Then the Question was put, "Whether the said Debate shall be adjourned to Tuesday next?"

It was Resolved in the Affirmative.

Pitcairn against Crichton.

After hearing Counsel, in Part, upon the Petition and Appeal of Alexander Pitcairn, and His Majesty's Advocate for Scotland, to which Patrick Crichton is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned to Monday next; and that the Counsel be called in precisely at One o'Clock; and that the Cause appointed for that Day be put off to this Day Sevennight; and the Cause which stands for Wednesday next to the Monday following.

Adjourn.

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

DIE Lunæ, 9^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Burnet against Magistrates of Aberdeen.

The Answer of the Magistrates and Town Council of Aberdeen, to the Appeal of Thomas Burnet Esquire of Kirkhill, was brought in.

Sir John Jenning's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enabling Sir John Jennings and George Jennings Esquire, his Son, a Minor, to convey certain Estates in Surrey and Hertfordshire, for the Benefit of the said George Jennings and such Wife as he shall marry, and the Issue of such Marriage."

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 24th Instant, at the usual Time and Place; and to adjourn as they please.

His Majesty's Answer to Address for a State of the National Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, on Friday last, for a State of the National Debt; and that His Majesty was pleased to say, He would give Order, That the same be laid before this House accordingly."

Pitcairn against Crichton.

After hearing Counsel, as well on Friday last as this Day, upon the amended Petition and Appeal of Alexander Pitcairn of Woodhouselie Gentleman, with Concourse of Charles Areskine Esquire, His Majesty's Advocate, for His Majesty's Interest; complaining of an Interlocutor of the Lords of Session in Scotland, of the 5th of June 1739, made on the Behalf of Patrick Crichton Sadler in Edinburgh, and of a subsequent Interlocutor of the 15th of the same Month, whereby the said Lords adhered to their former Interlocutor; and praying, "That the same might be reversed; and that the Appellant might have such Relief as to the Wisdom of the House should seem meet:" As also upon the Answer of the said Patrick Crichton put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the said Alexander Pitcairn do pay, or cause to be paid, to the Respondent, the Sum of Fifty Pounds, for his Costs by reason of the said Appeal.

Burnet against Magistrates of Aberdeen.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Thomas Burnett of Kirkhill is Appellant, and the Magistrates and Town Council of Aberdeen are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the 27th Day of this Instant February.

Chalie against Haswell; Hearing appointed.

The like Motion and Order, for hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein John and James Chalie Merchants are Plaintiffs, and John Haswell is Defendant, on Wednesday Sevennight.

Adjourn.

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

DIE Martis, 10^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Barnaby et al. Leave for a Bill.

Upon reading the Petition of Edward Burnaby Esquire, for and on the Behalf of his Two Infant Sons Edward, Burnaby Greene, heretofore called Edward Burnaby and William Pitt Burnaby, and of William Ekins Piers Esquire; praying Leave to bring in a Bill, to enable the said Two Infant Sons of the Petitioner Edward Burnaby, and the Heirs Males of their Bodies, and the First and other Sons of the Petitioner William Ekins Piers, and the Heirs Male of their Bodies, to take upon them the Surname of Greene, pursuant to the Will of Thomas Greene, late of St. Margeret's, Westminster, Esquire, deceased:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Bill read.

Accordingly, the Lord Cadogan presented to the House a Bill, intituled, "An Act for enabling Edward Burnaby, an Infant, and the Heirs Male of his Body, to take the Surname of Greene, pursuant to the Will of Thomas Greene Esquire, deceased; and for other Purposes therein mentioned."

And the same was read the First Time.

The Order of the Day being called for:

Lords taking their Places.

It was insisted on, "That the Lords should take their due Places."

And thereupon, the Act of Parliament of 31^o Hen. VIII, intituled, "For placing of the Lords," being read:

It was moved, "That the House be called over."

Which being objected to:

After Debate;

The Question was put, upon the said Motion.

And it was Resolved in the Negative.

Motion for Instructions relating to the Convention.

Then the Order for adjourning the Debate which arose on Friday last, upon a Motion then made, "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, all the Powers, Instructions, Memorials, Letters, and Papers, relating to the Convention concluded between Great Britain and Spain, dated at The Pardo, January 14th, 1739, N. S." being read:

A Question was stated, upon the said Motion.

After Debate;

The Question was put, "Whether such an Address shall be presented to His Majesty?"

It was Resolved in the Negative.

Protest against not granting it.

"Dissentient.

"1st, Because we thought an Inquiry into a Transaction of such great Importance to the Honour, Trade, and Rights, of this Nation, not only necessary, but totally free from all the Objections usually made to the calling for Papers; the Convention having been concluded in January 1739, and War being since declared against Spain; so that we cannot conceive that any Discovery prejudicial to this Nation, or advantageous to any other, can possibly result from an Examination into the minutest Particulars of that Negotiation; but we rather apprehend, from the manifest Unwillingness of the Administration to lay any such Lights before us; that Discoveries of another Nature would be the necessary Consequence of the Communication of the Papers called for in this Question.

"2dly, Because, when we combine the Conduct of the Administration, through the whole Course of the Spanish Affairs, with several Circumstances that have accidentally appeared to the Public, we conceive every Part of that Conduct liable to just Suspicions of one Kind or other. The repeated Applications of the Merchants, both to the Crown and to Parliament, for Reparation for their past Losses, and future Security for their Trade; the universal Cries of the Nation, upon their insulted Honour and violated Rights; the several Addresses of Parliament to the Crown, and the gracious Answers and Assurances given by the Crown in Return, seemed all to promise a just (and at that Time easy) Vengeance, by the Force of our Arms; or an effectual Reparation of past, and solid Security against future Injuries, by an advantageous Treaty of Peace; whereas a Convention only was concluded, by which a scanty and insufficient Reparation for our injured Merchants was stipulated, and our most essential and undoubted Rights of a free Navigation in The West Indies, without Search or Molestation, was, at most, referred to the future Discussion of Plenipotentiaries, if even it was ever mentioned at all.

"3dly, Because it has been asserted in a public Paper, dispersed all over Europe by the Court of Spain, that our Pretension to a free Navigation was never so much as mentioned by our Ministers till the Conferences arising in Consequence of the Convention; and that the Demand was never made in Form till July 1739, which was after the Convention was broke, by the Non payment of the Money stipulated on the appointed 24th of May: And though we are far from asserting the Contents of such Papers to be true; yet as they cannot but raise some Doubt, that alone, in a Matter of such great National Consequence, seems to be a sufficient Reason for a strict Inquiry; especially since we cannot see any Advantage that could arise to the King of Spain from asserting these Facts, if they were not true; but, on the other Hand, we fee very strong Reasons why the Administration should desire to conceal them, if they are true.

"4thly, Because, if the bare Supposition of Cases that may possibly exist is to be used as an Argument why the House should not apply for Lights; we conceive that the Supposition of other Cases equally possible, and it may be more probable, is as good an Argument why the House should apply for such Informations: Consequently, if we suppose that the Convention concluded at Madrid, January 14th, 1739, was originally negotiated and executed at London, in August 1738, with the Spanish Minister then residing here; but that, upon Spain's inserting, in the Body of the Ratifications of that Convention, an Act obliging our South Sea Company to pay the Sum of £.68,000, towards the Reparation to be made to our Merchants, which Act was then intended to be kept secret, though since discovered by the necessary Communication of it to the South Sea Company, and their Non-compliance therewith; if we suppose that thereupon the same Treaty was re-executed by our Minister at Madrid, who was instructed at the same Time to consent to an Act of the same Import, but varied only so as to conceal it; and if we further suppose that this Sacrifice of the South Sea Company was originally proposed by one English Minister to the Spanish Minister, and, upon his accepting it, rejected in an Office Letter by another English Minister, though afterwards brought into Execution; and if these Suppositions are in a great Measure confirmed by some of Mr. Keene's Letters, which have been made public; we conceive, such Transactions ought not to be buried in Oblivion, and the Author and his Accomplices remain uncensured.

"5thly, Because, we conceive, the Argument of its being too late in Point of Time can be of no Force, and only tends to prove that the House will think no Time proper for calling for such Papers. Some have been refused to be called for by the House, because they related to the present Time, and, whilst Matters were in Transaction, a Discovery might be dangerous; others, because they related to future Operations, and there also a Discovery of Designs might be detrimental. The present Motion related to Matters entirely passed; which being rejected, we must give up all further Hopes of receiving any Lights, relating either to past, to present, or to future Transactions. Posterity must therefore be convinced, that we have been reduced to the Necessity of taking Matters in the Gross, and of weighing the Sum of Things, since the Particulars are hid from our Sight.

"Carlisle.
Falmouth.
Ward.
Bruce.
Gower.
Bathurst.
Westmorland.
Northampton.
Hereford.
Masham.
Aylesford.
Cobham.
Exeter.
Litchfield.
Suffolk.
Greenwich.
Ker.
Clinton.
Macclesfield.
Mansel.
Beaufort."

Exportation of Corn, to prohibit, Bill.

The next Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to prohibit, for a Time therein limited, the Exportation of Corn, Grain (Rice excepted), Meal, Malt, Flour, Bread, Biscuit, Starch, Beef, Pork, and Bacon:"

Ordered, That the House be put into a Committee thereupon, on Tuesday next.

Common Recoveries, Bill.

The other Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, An Act to amend the Law concerning Common Recoveries; and to explain and amend an Act made in the Twenty-ninth Year of the Reign of King Charles the Second, intituled, An Act for Prevention of Frauds and Perjuries, so far as the same relates to Estates pur auter Vie."

Ordered, That the House be put into a Committee thereupon also, on Tuesday next.

Causes put off.

Ordered, That the Cause wherein M^cKattie is Appellant, and Frigg and Fraser are Respondents, which stands to be heard on Friday, be put off to Monday next; and the other Causes removed in Course.

Adjourn.

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