House of Lords Journal Volume 25: February 1741, 21-28

February 1741, 21-28

DIE Lunæ, 23^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Brincklow Common, enclosing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enclosing and dividing the Common Fields, Common Pastures, Common Meadows, and Waste Grounds, in the Manor and Parish of Brincklow, in the County of Warwick."

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. Holford and Mr. Edwards:

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

Neale's Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Seawen's Bill.

The Earl of Oxford made the like Report from the Lords Committees to whom the Bill, 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," was committed.

And the same Order was made.

Ludewig's Nat. Bill.

The Earl of Warwick (pursuant to the Order of Thursday last) presented to the House a Bill, intituled, "An Act for naturalizing Everard John Ludewig."

And the same was read the First Time.

Message from H. C. to return Western's Bill.

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

To return the Bill, intituled, "An Act for vesting the settled Estate of Thomas Western Esquire, in the County of Buckingham, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Veitch against Carruthers & al.

A Petition of William Veitch, was presented, and read; praying, "In regard the Matters in Difference between the Petitioner and John Carruthers and others, Respondents to his Appeal, are now under Arbitration; that the Hearing of the same, which is appointed for Wednesday next, may be put off to such further Time as to the House shall seem meet."

And thereupon the Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Ordered, That the Hearing of the said Appeal be put off to Wednesday the 11th Day of March next.

Waterbeach Level, Preservation of, Bill.

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

With a Bill, intituled, "An Act for the effectual Draining and Preservation of Waterbeach Level, in the County of Cambridge; and to establish an Agreement made between the Lord of the Manor of Waterbeach cum Denny and the Commoners within the said Manor;" to which they desire the Concurrence of this House.

Gloucester, fresh Water, Bill.

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

With a Bill, intituled, "An Act for supplying the City of Gloucester with fresh Water;" to which they desire the Concurrence of this House.

Tunbridge Wells, &c. Road, to repair, Bill.

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

With a Bill, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, for repairing the Roads leading from Sevenoaks to Woodsgate and Tunbridge Wells, and from Woodsgate to Kippings Cross, in the County of Kent; and also for repairing the Roads from Kippings Cross aforesaid to Lamberhurst Pound and Pullens Hill, in the said County, and to Flimwell Vent, in the County of Sussex;" to which they desire the Concurrence of this House.

River Dee, Navigation, Bill.

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

With a Bill, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee;" to which they desire the Concurrence of this House.

Vaughan, to make Leases, Bill.

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

With a Bill, intituled, "An Act for empowering Gwyn Vaughan Esquire and his Wife, and their Sons, to make Leases of the Manor of Kingston Seymour, in the County of Somerset, for Lives, or Years determinable on Deaths, according to the Custom of the Country;" to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Ordered, That the Consideration of the last mentioned Bill be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Parker; 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.

Visc. Barrington's Bill.

The Lord Gower reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in William Wildman 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made One Amendment thereunto."

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

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

Recovery of small Debts in London, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Third Year of the Reign of King James the First, intituled, An Act for recovering of small Debts, and for the relieving of poor Debtors, in London."

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

Parkhurst & al. against Smith in Error:

The Order of the Day being read, for the Judges to deliver their Opinions, on the Questions agreed to on Thursday last, upon hearing Counsel, to argue the Errors assigned upon a Writ of Error, wherein John Parkhurst Esquire and others are Plaintiffs, and Joseph Smith, on several Demises of John Dormer Esquire, is Defendant:

The Lord Chief Justice of the Court of Common Pleas acquainted the House, "That the Judges had considered the said Questions; and though they all agreed in Opinion, yet, as this Cause was elaborately spoke to by the Counsel at the Bar, it was apprehended, their Lordships might expect the Judges should give their Reasons, as well as their Opinions."

And accordingly the said Lord Chief Justice delivered the Reasons of the Judges at large, with their unanimous Opinions upon the Points of Law to them proposed.

Whereupon the following Order and Judgement was made:

Judgement affirmed, with Costs.

"Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was brought into this House, the 17th Day of December last, wherein John Parkhurst Esquire, Sir John Fortescue Aland Knight, and several others, who are their Tenants, and the Tenants of Mrs. Katharine Dormer respectively, are Plaintiffs, and Joseph Smith, upon several Demises of John Dormer Esquire, is Desendant: And Counsel being heard, as well on Wednesday as Thursday last, to argue the Errors assigned upon the said Writ of Error; and the unanimous Opinion of the Judges being delivered, upon the Points of Law to them proposed; 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 Judgement given in the said Court of King's Bench be, and the same is hereby, affirmed; and that the Record be remitted: And it is hereby further Ordered, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Ten Pounds for his Costs in this House."

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, is as follows:

"At which Day, before the same Court of Parliament at Westminster, come as well the said John Parkhurst, Thomas Stanley, Judith Brazell, John Franklin, John Brazell, John Cox, Richard Morgan, John Hill, Richard Collins, Sir John Fortescue Aland Knight, Richard White, Joseph Stapp, Margaret Grace, Joseph Smith now Plaintiff, Elizabeth Harland, William Cotsell, Samuel Harland, John Taylor, Benjamin Pithum, Richard Franklin, William Budd, Mary Butcher, Elizabeth Butcher, Clement Field, and Joseph Harland, as the said Joseph Smith, now Defendant in Error, in their proper Persons; whereupon all and singular the Premises, by the Court of Parliament aforesaid now here, being seen and fully understood, and as well the Record and Process aforesaid, and the Judgement thereupon given, being diligently examined and in spected, as the aforesaid Causes and Matters, by the said John Parkhurst, Thomas Stanley, Judith Brazell, John Franklin, John Brazell, John Cox, Richard Morgan, John Hill, Richard Collins, Sir John Fortescue Aland Knight, Richard White, Joseph Stapp, Margaret Grace, Joseph Smith now Plaintiff, Elizabeth Harland, William Cotsell, Samuel Harland, John Taylor, Benjamin Pithum, Richard Franklin, William Budd, Mary Butcher, Elizabeth Butcher, Clement Field, and Joseph Harland, above assigned for Error; and mature Deliberation being thereupon had; it seemeth to the Court of Parliament aforesaid now here, that neither in the Record and Process aforesaid, nor in the giving of Judgement thereupon (as to the said Manor of Shibdon, with the Appurtenances, and Fifty Messuages, Ten Dovehouses, Sixty Gardens, One Hundred Orchards, One Thousand Acres of Land, Six Hundred Acres of Meadow, One Thousand Acres of Pasture, Three Hundred Acres of Wood Ground, Five Hundred Acres of Heath Ground, and One Hundred Acres of Marsh Ground, with the Appurtenances, in Sibdon Shepedon Shipton Lee Lee Grainge and Quainton, in the said Declaration last mentioned above specified), and Damages aforesaid, is there any Error, and that the same Record is in no wise erroneous or defective: Therefore it is considered by the said Court of Parliament aforesaid, That the Judgement aforesaid be in all Things affirmed, and do stand in its full Force and Effect; the said Causes and Matters, by the said John Parkhurst, Thomas Stanley, Judith Brazell, John Franklin, John Brazell, John Cox, Richard Morgan, John Hill, Richard Collins, Sir John Fortescue Aland Knight, Richard White, Joseph Stapp, Margaret Grace, Joseph Smith now Plaintiff, Elizabeth Harland, William Cotsell, Samuel Harland, John Taylor, Benjamin Pithum, Richard Franklin, William Budd, Mary Butcher, Elizabeth Butcher, Clement Field, and Joseph Harland, above assigned for Error, in any wife notwithstanding: And moreover, it is considered by the said Court of Parliament now here, That the said Joseph Smith, now Defendant in Error, do recover, against the said John Parkhurst, Thomas Stanley, Judith Brazell, John Franklin, John Brazell, John Cox, Richard Morgan, John Hill, Richard Collins, Sir John Fortescue Aland Knight, Richard White, Joseph Stapp, Margaret Grace, Joseph Smith now Plaintiff, Elizabeth Harland, William Cotsell, Samuel Harland, John Taylor, Benjamin Pithum, Richard Franklin, William Budd, Mary Butcher, Elizabeth Butcher, Clement Field, and Joseph Harland, Ten Pounds, to the said Joseph Smith, now Defendant, at his Request, by the same Court of Parliament aforesaid here adjudged, according to the Form of the Statute thereupon made and provided, for his Damages, Costs, and Charges, which he hath sustained by reason of the Delay of the Execution of the Judgement aforesaid, on Pretence of prosecuting the said Writ of Error: And thereupon the Record aforesaid, and also the Process aforesaid had in the same Court of Parliament in the Premises, are sent back by the same Court of Parliament to the Court of our said Lord the King, before the King Himself, wheresoever &c. to the End that Execution may be had thereupon."

Edgworth against Edgworth.

Ordered, That the Cause wherein Packington Edgworth Gentleman and Mary Edgworth are Appellants, and Edward Edgworth Esquire is Respondent, which stands appointed to be heard this Day, be put off to Wednesday next.

Message from H. C. to return Bernard's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Ernest Bernard;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Martis, 24^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Scawen's Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

V. Barrington's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting in William Wildman 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."

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. Elde and Mr. Thurston:

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

Sir J. Jennings' Bill.

The Lord Bishop of Salisbury reported from the Lords Committees to whom the Bill, 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," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

River Dee, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee."

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.

Waterbeach Level, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the effectual Draining and Preservation of Waterbeach Level, in the County of Cambridge; and to establish an Agreement made between the Lord of the Manor of Waterbeach cum Denny and the Commoners within the said Manor."

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 11th Day of March next; and to adjourn as they please.

Tunbridge Wells, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers granted by Two Acts of Parliament, for repairing the Roads leading from Sevenoaks to Woodsgate and Tunbridge Wells, and from Woodsgate to Kippings Cross, in the County of Kent; and also for repairing the Roads from Kippings Cross aforesaid to Lamberhurst Pound, and Pullens Hill, in the said County, and to Flimwell Vent, in the County of Sussex."

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.

Gloucester fresh Water Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for supplying the City of Gloucester with fresh Water."

Ordered, That the said Bill be committed to the same Committee:

Their Lordships, or any Five of them; to meet at the usual Time and Place, on Wednesday the 4th Day of March next; and to adjourn as they please.

Ludewig. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Everard John Ludewig."

Ordered, That the said Bill be committed to the same Committee:

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

Messages from H. C. with Bills; and to return the Bill for Rice to take the Name of Tutt.

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Horseley-up-right-Gate Road Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing and widening the Road from Horseley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County;" to which they desire the Concurrence of this House.

Chatteris Ferry Road, Bill.

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

With a Bill, intituled, "An Act to enlarge the Terms and Powers granted by an Act made in the First Year of His present Majesty's Reign, intituled, An Act for repairing the Road leading from Chatteris Ferry (which divides the Isle of Ely from the County of Huntingdon) to Hammonds Eau, and from thence to Somersham Bridge, at Somersham Town's End, in the said County;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

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

With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose;" to which they desire the Concurrence of this House.

Common Recoveries, Bill.

The House (according to Order) was adjourned during Pleasure, and put into 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 King Charles the Second, intituled, An Act for Prevention of Frauds and Perjuries, so far as the same relates to Estates pur auter Vie."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had made some Progress in the said Bill."

Ordered, That the House be put into a Committee, to consider further of the said Bill, on Monday next; the Lords to be summoned; and the Judges to attend.

Victual from Ireland to Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for licensing the Importation of Victual from Ireland, and other Parts beyond the Seas, into Scotland, in Time of Dearth and Scarcity."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Adjourn.

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

DIE Mercurii, 25^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ludewig. Nat. Bill.

The Earl of Abingdon reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Everard John Ludewig," 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.

Sir J. Jennings' Bill:

Hodie 3^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."

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

It was Resolved in the Affirmative.

Neale's Bill:

Hodie 3^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."

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. Elde and Mr. Thurston:

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

Horseley Uprlight Gate Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing and widening the Road from Horseley Upright Gate, leading down Bowden Hill, in the County of Wilts, to the Top of Kingsdown Hill, in the Parish of Box, in the said County."

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 next; and to adjourn as they please.

Chatteris Ferry Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enlarge the Terms and Powers granted by an Act made in the First Year of His present Majesty's Reign, intituled, An Act for repairing the Road leading from Chatteris Ferry (which divides the Isle of Ely from the County of Huntingdon) to Hammond's Eau, and from thence to Somersham Bridge, at Somersham Town's End, in the said County."

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.

Thistlethwaite to take the Name of Whithed, Bill.

The Earl of Findlater, pursuant to the Order of the 18th Instant, presented to the House a Bill, intituled, "An Act to enable Francis Thistlethwaite Esquire, and the Heirs Male of his Body, to take and use the Surname of Whithed, pursuant to the Will and Codicils of Richard Whithed Esquire, deceased."

The said Bill was read the First Time.

Edgworth against Edgworth:

After hearing Counsel, upon the Petition and Appeal of Packington Edgworth Gentleman and Mary Edgworth Spinster; complaining of Two Orders of the Court of Chancery in Ireland, of the 15th and 18th of December 1739, directing the Trial of certain Issues at Law; and also of an Order made by the same Court, the First of February following, refusing to grant a Motion of the Appellant Packington Edgworth, to discharge the said Two former Orders; and praying, "That the same might be reversed, and that the Issues directed might be taken as found against Edward Edgworth Esquire; and that such other or further Order might be made, for the Appellant's Relief, as to this House should seem just:" As also upon the Answer of the said Edward Edgworth put in to the said Appeal; and due Consideration had of what was offered on both Sides in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Two Orders of the said Court of Chancery, of the 15th and 18th of December 1739, complained of in the said Appeal, be, and the same are hereby, reversed.

Adjourn.

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

DIE Jovis, 26^o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Lords added to Committees.

Ordered, That all such Lords as shall be present this Day, and were not of the Committees appointed Yesterday, be added thereunto.

River Dee, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee," 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."

Ludewig, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Everard John Ludewig."

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. Elde and Mr. Thurston:

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

Thistlethwaite to take the Name of Whithed, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Francis Thistlethwaite Esquire, and the Heirs Male of his Body, to take and use the Surname of Whithed, pursuant to the Will and Codicils of Richard Whithed Esquire, deceased."

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 Monday next; and to adjourn as they please.

Enlarging the Time for Persons to take the Oaths, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to indemnify Persons who have ommitted to qualify themselves for Offices and Employments within the Time limited by Law, and for allowing further Time for that Purpose."

Torbuck's Collection of Debates in Parliament, complained of.

A Complaint was made to the House, of the printing and publishing certain Books, intituled, "A Compleat Collection of Debates in Parliament (both Lords and Commons), &c. in Nine Volumes, Octavo;" mentioned to be sold by John Torbuck, in Clare Court, Drury Lane.

And thereupon the Resolution of this House, of the 27th of February 1698, entered in the Roll of Standing Orders, declaring it to be a Breach of Privilege for any Person whatsoever to print, or publish in Print, any Thing relating to the Proceedings of this House, without their Lordships Leave, being read:

Ordered, That it be referred to the Lords Committees aforenamed, to examine into the printing and publishing the said Books, and who are the Printers and Publishers thereof:

Their Lordships, or any Five of them; to meet at the usual Place, on Monday Morning next; and that the said John Torbuck do then attend the said Committee.

D. Beaufort and D. Portland, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Duke of Beaufort and William Duke of Portland; 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 establishing and confirming a Partition agreed to be made, between Henry Duke of Beaufort and William Duke of Portland, of the several Manors, Messuages, Lands, Tenements, and Hereditaments, in the Counties of Southampton and Wilts, whereof they are seised as Tenants in Common; and for settling their specific Shares and Allotments to such Uses as their undivided Moieties thereof now stand limited; and for other Purposes therein mentioned."

Grahame to enter into Recoganizance for Ferguson & al.

The House being moved, "That David Grahame of London Merchant may be permitted to enter into a Recognizance for William Ferguson of Corstan Merchant and others, on account of their Appeal depending in this House; they residing in Scotland:"

It is Ordered, That the said David Grahame may enter into a Recognizance for the Appellants, as desired.

Officers in the House of Commons limiting, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better securing the Freedom of Parliaments, by limiting the Number of Officers in the House of Commons."

Moved, "To commit the Bill."

Which being objected to:

The Reasons given by the Lords, at a Conference had with the Commons, the 11th of February 1705, upon their Lordships insisting on their Amendments to the Amendments made by the Commons to the Bill, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line," were read; as were also some Clauses in the said Act.

And, after Debate;

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

It was Resolved in the Negative.

Protest against not committing it:

"Dissentient.

"Northampton.
Shaftesbury.
Stanhope.
Clifton.

"1st, Because we conceive that our Constitution itself points out this Bill as One of its principal Securities; a due Poize and Independency of the Three several constituent Parts of the Supreme Legislative Power being required by the Spirit of our Constitution, and absolutely necessary to its Existence. If any One of these becomes dependent on the other, the Constitution is dangerously altered; but if any Two become dependent upon the Third, it is totally subverted, and the wisest Establishment that ever was formed of a Free Government shrinks and degenerates into a Monarchical, an Aristocratical, or a Democratical Faction. We therefore think we cannot be too careful in providing against whatever may at any Time affect this just Poize and necessary Independency of the Three Estates. And this Caution seems the more requisite now, when, from the inevitable Variation of Things, Employments are become exceedingly numerous, and are yet further artfully split, divided, subdivided, and increased in Value, in order to add both Extent and Weight to their Influence. Two Hundred Employments are distributed in the present House of Commons! A dangerous Circumstance: And which, if it could have been foretold to our Ancestors, even in the latter End of the last Century, the Prediction would have been rejected by them as chimerical; or, if believed, lamented as fatal. And, should the Number of Employments continue to increase in the same Proportion, even we may live to fee, for Want of this Bill, a constant Majority of Placemen meeting, under the Name of a Parliament, to establish Grievances, instead of redressing them; to approve implicitly the Measures of a Court, without Information; to support and skreen the Ministers they ought to controul or punish; and to grant Money without Accompt; or, it may be, without Bounds: In which Case, the remaining Forms of our Constitution would, by creating a fatal Delusion, become our greatest Grievance.

"2dly, Though we do not absolutely assert that Employments necessarily must, yet we cannot suppose that they never will, influence the Votes and Conduct of the Gentlemen of the House of Commons; for such a Supposition would be equally conclusive against all the Acts of Parliament now in Force, limiting the Number of Officers of any Kind in that House. And, in a Case of such Importance, we think it would be the highest Imprudence to trust the very Being of our Constitution to bare Possibilities; especially if an Experience, which we rather chuse to hint at than enlarge upon, should give us just Reason to suspect that former Parliaments have felt the Effects of this baneful Influence; almost all the Persons in Employments having voted invariably on the same Side of the Question, often against the known and signified Sense of their Constituents, and sometimes, perhaps even contrary to their own private Declarations; and no sooner did any presume to deviate from the Ministerial Track, than they were divested of those Employments that failed of their intended Influence. But, admitting that the present House of Commons has kept itself most untaintedly pure from such Pollution; yet we think it necessary not to expose future Parliaments to such a Trial, nor the Constitution to the Uncertainty of the Decision.

"3dly, Because, though it should be granted that this Bill would have restrained in some Degree the Liberty of the Electors, that Objection has no Weight upon this Occasion; every Law being, in some Degree, a Restraint upon the natural Liberty of Man, but yet justly enacted, wherever the Good of the Whole (which should be the Object of every Law) is promoted thereby. And we apprehend that this Restraint is of such a Nature, that those only will be uneasy under it, who intended to abuse the Liberty. The Votes of the Electors of Great Britain, if unbiassed, would rarely concur in the Choice of Persons avowed Creatures of a Minister, known Dependents on a Court, and utterly unknown to those who elect them. But if, in an Age when Luxury invites Corruption, and Corruption feeds Luxury, there is too much Reason to fear that the People may be prevailed upon, in many Places, by a pecuniary Influence, to give their Votes to those whom their uninfluenced Sentiments would reject with Indignation or Contempt; we think it necessary to lay this just and constitutional Restraint upon the Liberties of some, as the only Means to preserve the Liberties of all. By former Acts of Parliament, the Electors are already debarred from electing Persons in certain considerable Employments; and in the Act for preserving our Constitution, by settling the Crown upon the present Royal Family, it was enacted, "That no Person whatsoever in Employment should be capable of being chosen a Member of the House of Commons."Such was then the Spirit of Liberty, that even this total Exclusion could not be refused; nor could the Repeal of it afterwards be obtained, without enacting a Limitation of the Number of Placemen allowed to sit in the House of Commons, and a new Election of every Person who, whilst he was a Member of that House, should accept of any Employment under the Crown; as likewise a total (we wish we could say an effectual) Exclusion of all Persons holding Employments erected since the passing of that Act. And there is no Reason to doubt but that the same Spirit of Precaution would, upon the same constitutional Principles, have been carried much further at that Time, could it then have been foreseen, or imagined, that the Exclusion of some Civil Officers would have been rendered useless, by the Introduction of so many Military ones; and that so many Persons in Employments, infinitely inferior both in Rank and Profit to those excluded by these several Acts, could ever have been by any Means elected into Parliament. And indeed it seems to us highly incongruous, that inferior Clerks and Attendants of Offices, who have not Seats in Presence of their Masters, should be admitted to have Seats in the Legislature, and there become the Check and Control of their Masters themselves.

"4thly, Because we do not apprehend that the Freedom of Parliament is now in the least secured, by the Obligation laid upon all Members of the House of Commons, who accept any Employment under the Crown, of being re-elected; Experience having shewn us, that this seeming Security is for the most Part become ineffectual, there being very few Instances of Persons failing in such Re-elections, though utter Strangers to their Electors. And it is natural to suppose, that, when the Means of Corrupting are greater, the Success of a Candidate recommending himself by Corruption only will not be less.

"5thly, Because we observe with Concern, that a Bill of this Nature has been already Thrice rejected by this very House of Commons, and not been allowed to be committed, so as to have it known how far it was proposed to extend; which, in our Opinions, implied a firm Resolution, not to admit of any further Exclusion of Employments whatsoever; whereas, in this last Session of this Parliament, this Bill was sent up to us, after having passed through all the Forms of the other House without the least Opposition. This we conceive can only proceed, either from their Conviction at last of the Necessity of such a Bill, of which they are surely the properest Judges; or, in Compliance with the almost universal Instructions of their Constituents, whose Voice, we think, ought to have some Weight even here; or, lastly, to delude their Constituents themselves, by tacitly consenting to what they were either told, or hoped, this House would refuse: And, in this Case, we apprehend that a Confidence so injurious and dishonourable ought to have been disappointed, from a just Sense of the Contempt thereby shewn of the Credit, Weight, and Dignity, of this House.

"6thly, Because we think it particularly seasonable, so near the End of this Parliament, to provide for the Freedom and Independency of the next: And, as we consider this Opportunity as the only one we are likely to have, of some Years at least, to do it; it is with the greater Concern that we see this Bill thus laid aside, rather by a Division than a Debate, and by Numbers rather than Arguments. But, however unsuccessful our Endeavours have been for the future Security of this Constitution; however unavailing our Desire of inquiring into past and present Transactions; however fruitless our Attempts to prevent future Mismanagements, by a Censure of the past, and the Removal of the Author of them; we we have at least this Comfort, of transmitting our Names to Posterity, as dissenting from those Measures, of which the present Age sufficiently testifies its Dislike, and of which the next may too probably feel the fatal Consequences.

"Macclesfield.
Carlisle.
Abingdon.
Ward.
Bridgewater.
Masham.
Warrington.
Greenwich.
Mansel.
Talbot.
Bruce.
Halifax.
Hereford.
Cobham.
Gower.
Haversham.
Ric. Lich. & Cov.
Denbigh.
Chesterfield.
Aylesford.

"For all the above Reasons, except the last.

"Foley."

The Bill rejected.

Ordered, That the said Bill be rejected.

Small Debts, London, for Recovery of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Third Year of the Reign of King James the First, intituled, An Act for the recovering of small Debts, and for the relieving of poor Debtors, in London."

After some Time, the House was resumed.

And the Earl of Warwick 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."

Tetbury Church, Bill.

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

The Agents for the Petitioners for and against the said Bill were called for.

But the Agent for the Petitioners against the Bill only attending, he was called in.

And being asked as to the Recognizance proposed to be given as a Security for the effectual Repairing the said Church, with the Money collected by virtue of the Brief granted for that Purpose:

He acquainted the House, "That a Recognizance was given accordingly."

Whereupon the House was informed, "That an Order was made for the Application of the Brief Money, according to the Agreement between the Parties concerned."

Importation of Victual from Ireland to Scotland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for licensing the Importation of Victual from Ireland, and other Parts beyond the Seas, into Scotland, in Time of Dearth and Scarcity."

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.

And 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, secundum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.