House of Lords Journal Volume 26: April 1743

April 1743

DIE Martis, 12^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bankrupts Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act to prevent the committing of Frauds by Bankrupts."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

Delahay's Bill, Committee revived.

Ordered, That the Committee to whom the Bill, intituled, "An Act for Sale of certain Estates, in the County of Hereford, devised by the Will of Thomas Delahay Esquire, deceased, pursuant to a Decree of the Court of Chancery," stands committed, be revived; and meet To-morrow.

E. of Home against Clark:

A Petition of William Earl of Home, was presented to the House, and read; setting forth, "That, on the 29th of March last, his Solicitor in his Appeal wrote to Scotland, for the Decree and other Papers and Instructions in the Cause; but, to his great Surprize, his Agent in the Court below, by Letter of the 5th Instant, acquaints him it was impossible to send the Decree or Extract of the Proceedings, by reason not only the Writings which had been produced in the said Court, but even the Interlocutory Orders or Records thereof, were taken up by the Respondent's Agents, and brought to London; whereby the Petitioner is disabled from preparing his Case, and instructing Counsel for hearing the Cause, which now stands for Monday next;" and praying, "That the same may be put off; and that, in the mean Time, the Respondent and her Agent may be ordered to return to the proper Officer the Records and other Papers, that the Petitioner may have an Extract of the Proceedings in the usual Form."

And thereupon the Agents on both Sides were called in.

And the Petitioner's Agent, being sworn, delivered in, at the Bar, the Letter abovementioned, and other Papers; some of which were read at the Table.

And then the said Agent was examined, in relation to the Allegations of the said Petition.

And the Respondent's Agent being then heard thereupon:

They were directed to withdraw.

Hearing put off.

Ordered, That the Hearing of the said Cause be put off to Wednesday the 10th Day of May next.

Carts with Four Horses, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing Carts to be drawn with Four Horses."

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."

Sinking Fund, Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty the Sum of One Million, out of the Sinking Fund; and for applying a further Sum, therein mentioned, for the Service of the Year One Thousand Seven Hundred and Forty-three; and for the further appropriating the Supplies granted in this Session of Parliament."

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."

Continuing Laws, Bill.

The like Proceeding was had, in relation to the Bill, intituled, "An Act for continuing several Laws, relating to the Allowance upon the Exportation of Britishmade Gunpowder; to the Importation of Naval Stores from the British Colonies in America; to the additional Number of One Hundred Hackney Chairs, and to the Powers given for regulating Hackney Coaches and Chairs; for punishing the Venders of unstamped News Papers; for allowing the Importation of Hemp or Flax manufactured in Ireland, though not sworn to be of the Growth of Ireland; and for the Relief of Bryan Blundell, in respect to the Duty on some White Salt, lost in a Storm at Sea."

Foreign Gold and Silver Lace, &c. Wear, to prevent, Bill.

The Order of the Day being read, for the House to be in a Committee to consider further of the Bill, intituled, "An Act for the more effectual preventing the Importation and Wear of Gold and Silver Thread, Lace, Fringe, or other Work made of Gold or Silver Wire manufactured in Foreign Parts:"

Ordered, That the House be put into a Committee, to consider further of the said Bill, on Friday next; and that the Cause which stands for a Hearing on that Day be put off to Monday next.

Elections for Knights of Shires, Bill.

Whereas Thursday next is appointed, for the House to be in a Committee on the Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections:"

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

Adjourn.

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

DIE Mercurii, 13^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sinking Fund, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting to His Majesty the Sum of One Million, out of the Sinking Fund; and for applying a further Sum, therein mentioned, for the Service of the Year One Thousand Seven Hundred and Forty-three; and for the further appropriating the Supplies granted in this Session of Parliament."

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

It was Resolved in the Affirmative.

Continuing Laws, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing several Laws, relating to the Allowance upon the Exportation of British-made Gunpowder; to the Importation of Naval Stores from the British Colonies in America; to the additional Number of One Hundred Hackney Chairs, and to the Powers given for regulating Hackney Coaches and Chairs; for punishing the Venders of unstamped News Papers; for allowing the Importation of Hemp or Flax manufactured in Ireland; though not sworn to be of the Growth of Ireland; and for the Relief of Bryan Blundell, in respect to the Duty on some White Salt lost in a Storm at Sea."

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

It was Resolved in the Affirmative.

Carts with Four Horses, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing Carts to be drawn with Four Horses."

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 these Bills.

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

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

Persons omitting to take the Oaths, indemnifying, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee upon the 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; and also for amending so much of an Act, made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time for receiving the Sacrament of the Lord's Supper, now limited by the said Act:"

It is Ordered, That the House be put into a Committee upon the said Bill, on Friday next.

Adjourn.

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

DIE Veneris, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Montague's Privilege:

Upon reading the Petition of Richard Bacchus, of Ulverstone, in the County of Lancaster, Labourer, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against his Grace the Duke of Montagu, for his having executed a Writ, and taking John Dodgson out of the Custody of the Duke's Bailiff, in the Liberty of the Manor of Furnes, in the said County; acknowledging his Offence, and that he had been guilty of an illegal Act; expressing his Sorrow for the same; promising never to be guilty for the future; and praying to be discharged out of Custody, to prevent the Ruin of himself and Family:

Bacchus to be brought to the Bar.

It is Ordered, That the Petitioner be brought to the Bar of this House on Monday next, in order to his Discharge.

E. of Portsmouth introduced:

John Viscount Lymington being, by Letters Patent, dated 11^o Die Aprilis, 16^o Georgii 2^di, created Earl of Portsmouth, was (in his Robes) introduced, between the Earl of Pembroke and the Earl of Shaftesbury (also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

The Earl presented his said Patent, on his Knee, to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows:

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved Cousin John Earl of Portsmouth, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wife omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Twelfth Day of April, in the Sixteenth Year of Our Reign.

"Bisse."

Then his Lordship, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lowest End of the Earls Bench.

Conference on the Vagrants Bill:

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

To desire a Conference with this House, on the Subject-matter of the Amendments made by their Lordships to the Bill, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction."

To which the House agreed.

And the Messengers were called in; and told, "That the Lords do agree to a Conference, as desired; and appoint it presently, in the Painted Chamber."

The Lords following were named Managers of the Conference; (videlicet,)

The House being informed, "That the Commons were ready, in the Painted Chamber:"

The Managers Names were called over.

And the House was adjourned during Pleasure, and the Lords went to the Conference.

Which being ended, the House was resumed.

Report of the Conference.

And the Duke of Portland reported, "That the Lords had met the Commons, at the Conference; which was managed on their Part by Mr. Hooper and others; who delivered to them a Paper, to the Effect following:

"The Commons agree to all the Amendments made by your Lordships to the Bill, intituled, "An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction," except the Amendment in Press 12, Line the last; and the Amendment in Press 19, Line 20.

"To the Amendment in Press 12, Line the last, of the said Bill, the Commons disagree:

"Because the Allowance for passing and conveying Rogues, Vagabonds, and incorrigible Rogues, is, by the said Amendment, limited to be according to the Rates and Allowances appointed at the General or Quarter Sessions of the Peace, as is by the Bill after directed: For though the Clause, to which this Amendment refers, directs the Justices of the Peace, at their General or Quarter Sessions, to appoint such Rates and Allowances, and requires all Justices of the Peace to observe and submit to such Rates and Allowances so appointed; yet since the Bill, as to the passing and conveying of Rogues, Vagabonds, and incorrigible Rogues, will commence before such Rates and Allowances can possibly be appointed at the General or Quarter Sessions, the Commons conceive that, in the mean Time, the Allowance for passing and conveying must of Necessity be ascertained by the Discretion of the Justice or Justices of the Peace who shall make the Pass; and that consequently, before such Rates and Allowances shall be appointed at the General or Quarter Sessions of the Peace, the Limitation proposed by your Lordships in this Amendment will be improper, and after such Appointment unnecessary.

"The Commons also disagree to the Amendment made by your Lordships, in Press 19, Line 20, of the said Bill; which Amendment directs the Treasurer of the County to pay to the Governor of the House of Correction the Rates ascertained in the Certificate by him delivered, and directs such Payment to be allowed in the said Treasurer's Accompt:

"Because such Payment and Allowance are sufficiently provided for by the Bill; and the Commons observe, that the unnecessary Specification of particular Rules doth, in some Cases, weaken the Force of general Directions.

"The Commons decline, at this Time, offering any other Reasons for disagreeing to the said Amendments made by your Lordships; apprehending that the Reasons already given will induce your Lordships not to insist upon the said Amendments."

Which Report being read by the Clerk:

Ordered, That the same be taken into further Consideration on Monday Sevennight.

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

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

To return the Bill, intituled, "An Act for establishing an Agreement, between Margaret Savage Spinster and Elizabeth Byrche Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage;" and to acquaint this House, that they have agreed to the same, with some Amendments; whereunto they desire their Lordships Concurrence.

The said Amendments, being read, were agreed to.

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

Elections for Knights of Shires, 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 the Laws touching the Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

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 made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next; and the Lords to be summoned.

Foreign Gold and Silver Lace Wear of, to prevent, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the more effectual preventing the Importation and Wear of Gold and Silver Thread, Lace, Fringe, or other Work made of Gold or Silver Wire, manufactured in Foreign Parts:"

Ordered, That the House be put into a Committee thereupon, on this Day Fortnight.

Persons omitting to take the Oaths, indemnifying, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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; and also for amending so much of an Act, made in the Twentyfifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time for receiving the Sacrament of the Lord's Supper, now limited in the said Act."

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 Lunæ, decimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Poyntz against Shorter, in Error: Pet. for Hearing to be considered.

Upon reading the Petition of John Shorter, Defendant in a Writ of Error depending in this House, wherein William Poyntz Gentleman is Plaintiff; praying, That a short Day may be appointed for hearing this Cause, in regard the Petitioner conceives the said Writ of Error is brought purely for Delay:"

It is Ordered, That the said Petition be taken into Consideration To-morrow; and that, in the mean Time, the Petitioner do give Notice thereof to the Plaintiff in the said Writ.

Persons omitting to take the Oaths, indemnifying, Bill:

Hodie 3^a vice lecta est Billa, 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; and also for amending so much of an Act, made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time for receiving the Sacrament of the Lord's Supper, now limited by the said Act."

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

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

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

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

D. of Mountague's Privilege: Bacchus discharged.

Richard Bacchus, of Ulverstone, in the County of Lancaster, Labourer, in Custody of the Serjeant at Arms attending this House, for a Breach of Privilege against the Duke of Montagu, was (according to Order) brought to the Bar; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his said Offence, was discharged out of Custody, paying his Fees.

Arcedeckne against Kelly & al.:

After hearing Counsel, upon the Petition and Appeal of Nicholas Arcedeckne Esquire; complaining of an Order of the Court of Chancery in Ireland, of the 3d of June last, for discharging one Robert Ridge, a Defendant in the said Court to a Bill brought by William Kelly Gentleman, from his Confinement, pursuant to an Order of the said Court, of the 11th of March 1741; and for that the Lord Chancellor did not, on several Motions, order that all the Deeds and Papers that had been brought in and deposited by the said Ridge with the Usher of the said Court, pursuant to the said Order of the 11th of March, should be delivered to the Appellant or his Agent; and praying, "That the said Order of the said Third of June might be reversed; and that the House would be pleased to order, that the remaining Parts of the Deeds and Papers, that were brought in and deposited by the said Robert Ridge with the said Usher, pursuant to the said Order of the 11th of March, which have not already been delivered out to the Appellant's Agent, pursuant to an Order of the said Court of the 7th of July last, might be delivered to the Appellant or his Agent; and that the Appellant might have such further and other Relief as to the House in their great Wisdom should seem meet:" As also upon the several Answers of the said William Kelly and Robert Ridge 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 Orders complained of in and by the said Appeal be, and the same are hereby, affirmed.

Adjourn.

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

DIE Martis, 19^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Message from H. C. to return the Bill against assisting Prisoners to escape.

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

To return the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape;" and to acquaint this House, that they have agreed to their Lordships Amendments to the said Bill, with an Amendment to one of the said Amendments, whereunto they desire their Lordships Concurrence.

The said Amendment, being read Thrice, was agreed to; and is as follows:

"Clause (A), Line 10. After ["Warrant"], insert ["or if any Person shall be aiding or assisting to any Felon to attempt to make his Escape, from on Board any Boat, Ship, or Vessel, carrying Felons for Transportation, or from the Contractor for the Transportation of such Felons, his Assigns or Agents, or any other Person to whom such Felon shall have been lawfully delivered, in order for Transportation"]."

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

Poyntz against Shorter, Writ of Error.

The House (according to the Order of Yesterday) proceeded to take into Consideration the Petition of John Shorter, Defendant in a Writ of Error, wherein William Poyntz Gentleman is Plaintiff; praying a short Day may be appointed, for hearing this Cause.

And the Agent for the Petitioner attending, he was called in (no Person appearing for the Plaintiff in Error).

And having been examined, upon Oath, as to the Service of the said Order;

He was directed to withdraw.

Ordered, That the said Cause be heard, by Counsel, at the Bar, To-morrow.

Elections for Knights of Shires, Bill.

The other Order of the Day being read, for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act to explain and amend the Laws touching the Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such Elections."

Ordered, That the said Report be received on this Day Fortnight.

Adjourn.

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

DIE Mercurii, 20^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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

To return the Bill, intituled, "An Act for Sale of a Tenement, adjoining to Northumberland House in The Strand, Part of the Estate of Sir William Dodwell Knight, deceased; and for laying out the Money arising thereby in the Purchase of Lands to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Poyntz against Shorter, Writ of Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House the 29th Day of March last, wherein William Poyntz Gentleman is Plaintiff, and John Shorter Defendant, in order to reverse a Judgement given in the Court of King's Bench, for the Defendant in Error:

Counsel appearing for the said Defendant;

But no Counsel for the Plaintiff in Error, who made Default:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of Two Hundred Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

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

"But because the Court of Parliament aforesaid now here is not yet advised what Judgement to give of and upon the Premises, Day is therefore given to the Parties aforesaid, before the same Court of Parliament, wheresoever &c. until Wednesday the 20th Day of this Instant April, to hear their Judgement of and upon the Premises, because the said Court of Parliament now here is not yet advised &c. at which Day, before the same Court of Parliament aforesaid, at Westminster, in the County of Middlesex, aforesaid, came the Parties aforesaid, in their proper Persons; whereupon, all and singular the Premises being seen, and by the said Court of Parliament now here fully understood, and having diligently examined and inspected as well the Record and Process aforesaid, and the Adjudication of Execution aforesaid, and the Affirmance thereof, as the Causes and Matters aforesaid by the said William Poyntz above assigned for Error; and mature Deliberation being thereupon had; it appears to the same Court of Parliament now here, that neither in the Record and Process aforesaid, nor in the Adjudication of Execution aforesaid, nor in the Affirmance of the same, is there any Error, and that the same is no wife vitious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgement of Adjudication of Execution aforesaid, and also the Affirmance of the same Judgement, be in all Things affirmed, and stand in its full Force and Effect, the said Causes and Matters by the said William Poyntz above assigned for Error in any wife notwithstanding: It is also further considered by the same Court of Parliament aforesaid now here, that the aforesaid John Shorter recover, against the aforesaid William Poyntz, Two Hundred Pounds, to the same John Shorter, with his Assent, by the same Court of Parliament aforesaid, according to the Form of the Statute in that Case made and provided, adjudged for his Damages, Costs, and Charges, which he hath sustained by occasion of the Delay of the Execution of the Judgement aforesaid, by Pretext of prosecuting the said Writ of Error: And thereupon the Record aforesaid, and also the Process in the Premises in the same Court of Parliament, had by the same Court of Parliament, are remitted to the Court of our Lord the King, before the King Himself, wheresoever &c. to the End that Execution may be done thereupon."

Magenis against Magenis:

A Petition of John Magenis Gentleman was presented to the House, and read; setting forth, "That, since the putting off the Hearing of the Petitioner's Appeal, he hath applied to the Person who has a Settlement, which was produced and read at the Hearing of the Cause in the Court below, for Liberty to make use thereof at the hearing the said Appeal in this House, and offered to give him Security for returning it; but he refuses to part with the same; and praying such Relief as to their Lordships shall seem meet:"

And thereupon the Agents on both Sides were called in, and heard, at the Bar, in relation to the Allegations of the said Petition.

And one Mr. Kearan was called in, and examined, upon Oath, concerning this Matter.

And then they were all directed to withdraw.

Copy of Deed to be read at hearing the Cause.

Ordered, That the said Settlement, being in the Hands of Mr. Annesley in Ireland, who is no Party to the Suit in which the said Appeal is brought, a Copy thereof, examined with the Original, and proved at the Hearing of this Appeal to be a true Copy, be read at such Hearing, in like Manner as the Original Deed might have been read, in case the same had been produced.

Adjourn.

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

DIE Jovis, 21^o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales and the Duke of Cumberland in their respective Places (in their Robes); the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a Speech to His Majesty, in relation to the Money Bills and other Matters, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for granting to His Majesty the Sum of One Million, out of the Sinking Fund; and for applying a further Sum, therein mentioned, for the Service of the Year One Thousand Seven Hundred and Forty-three; and for the further appropriating the Supplies granted in this Session of Parliament."

"2. An Act for continuing several Laws, relating to the Allowance upon the Exportation of British-made Gunpowder; to the Importation of Naval Stores from the British Colonies in America; to the additional Number of One Hundred Hackney Chairs, and to the Powers given for regulating Hackney Coaches and Chairs; for punishing the Venders of unstamped News Papers; for allowing the Importation of Hemp or Flax manufactured in Ireland, though not sworn to be of the Growth of Ireland; and for the Relief of Bryon Blundell, in respect to the Duty on some White Salt lost in a Storm at Sea."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"3. An Act for rectifying Mistakes in the Names of the Commissioners for the Land Tax, for the Year One Thousand Seven Hundred and Forty-two; and for the appointing other Persons, together with those named for the said Year, to put in Execution an Act of this present Session of Parliament, 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 Fortythree."

"4. 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; and also for amending so much of an Act, made in the Twenty-fifth Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may happen from Popish Recusants," as relates to the Time for receiving the Sacrament of the Lord's Supper, now limited by the said Act."

"5. An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

"6. An Act for the further Punishment of Persons who shall aid or assist Prisoners to attempt to escape out of lawful Custody."

"7. An Act for allowing Carts to be drawn with Four Horses."

"8. An Act to continue an Act, made in the Fifth Year of the Reign of His present Majesty, intituled, An Act to prevent the committing of Frauds by Bankrupts."

"9. An Act to make the Hamlet of Bethnal Green, in the Parish of St. Dunstan Stepney, in the County of Middlesex, a separate and distinct Parish; and for erecting a Parish Church therein."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy le veult."

"10. An Act for Sale of a Tenement, adjoining to Northumberland House in The Strand, Part of the Estate of Sir William Dodwell Knight, deceased; and for laying out the Money arising thereby in the Purchase of Lands, to be settled to the same Uses."

"11. An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of York, in Andrew Perrot Gentleman, discharged of the Uses and Trusts of the Marriage Settlement of James Cooke the Younger; and for settling, in Lieu thereof, other Lands and Hereditaments, of greater Value, to the same Uses."

"12. An Act for establishing an Agreement, between Margaret Savage Spinster and Elizabeth Byrche Widow, Two of the Daughters and Coheirs of Thomas Savage Esquire, deceased, relating to the Settlement and Disposition of the Real and Personal Estate of the said Thomas Savage."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"The Zeal, Prudence, and Dispatch, with which you have carried on the Public Business, during the Course of this Session, give Me the greatest Satisfaction.

"That this Nation and the common Cause may reap the most beneficial Fruits of your vigorous Resolutions, I have, at the Requisition of the Queen of Hungary, ordered My Army, in Conjunction with the Austrian Troops, to pass The Rhine, as Auxiliaries to Her Hungarian Majesty, and for Her Support and Assistance; and to oppose any dangerous Measures, that might affect the Balance and Liberties of Europe, or hinder the Re-establishment of the Public Tranquillity upon just and solid Foundations. I have continued a strong Squadron in The Mediterranean, and another in The West Indies, in order to carry on the great Work of distressing our Enemies the Spaniards, and reducing them to safe and honourable Terms of Peace, as well as of maintaining the Rights of Navigation and Commerce belonging to My Subjects; and from the former of these Squadrons My Allies in Italy have found, and still continue to receive, a most useful and advantageous Support.

"Gentlemen of the House of Commons,

"I return you My Thanks, for the ample Supplies which you have granted for the Service of the current Year; and which, you may be assured, shall be applied to those great Ends for which they were given.

"My Lords, and Gentlemen,

"I have a firm Confidence in your good Affections; and it is the fixed Purpose of My Heart, to promote the true Interest and Happiness of My Kingdoms. In Return for this, I expect, on your Part, that you will exert your best Endeavours, in your respective Stations, to render My Government easy, and to preserve the Peace and Quiet of the Nation."

The Speech being ended; and the Lord Chancellor having received Directions from His Majesty, and being returned to his former Place, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Seventh Day of June next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Seventh Day of June next."