House of Lords Journal Volume 26: April 1744, 21-30

April 1744, 21-30

DIE Lunæ, 23^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hawker & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Peter Hawker Esquire and 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 vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses."

Naville's Nat. Bill.

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

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

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

Fownes's Bill: Committee shortened.

The Order being read, for taking into Consideration the Motion of Friday last, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-simple Estate, for the Payment of the Debts of his Father and himself, and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement," stands committed, may meet on a sooner Day than was at first appointed, in regard to the approaching Conclusion of this Session of Parliament.

And Consideration being had thereof accordingly:

Ordered, That the said Committee may meet, to consider of the said Bill, To-morrow.

Visc. Doneraile peremptorily to answer.

The House was informed, "That the Lord Viscount Donneraile, Respondent to the Appeal of the Lady Viscountess Donneraile, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by James Lynch of the City of Dublin, Clerk to Mr. Robert Harrison of the said City Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondent do peremptorily put in his Answer to the said Appeal in a Week.

Witham against Lewis, Writ of Error:

Counsel were called in, to be further heard, in the Cause upon a Writ of Error, wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant.

And the Second Counsel for the Defendant in Error having been fully heard;

As also One Counsel for the Plaintiff, by Way of Reply:

The Counsel were directed to withdraw.

Proposed, "To ask the Judges some Questions in Point of Law."

Which being agreed to:

Questions to the Judges.

Ordered, That the Judges do, on Thursday next, deliver their Opinions to this House, on the following Questions; (videlicet,)

"1. Whether sufficient Matter is found, in the Special Verdict, whereupon the Common Recovery of Trinity Term, 5^o Hen. 8ⁱ can be adjudged or taken to be a complete valid Recovery?

"2. If not, Whether by Law a Venire facias de novo ought to be awarded, in this Case?"

Against corresponding with the Pretender's Sons, Bill.

Whereas To-morrow is appointed, for the House to be put into a Committee on the Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown:"

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

Adjourn.

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

DIE Martis, 24^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. to return the D. of Buccleuch's Bill;

A Message was brought from the House of Commons, by His Majesty's Advocate for Scotland and others:

To return the Bill, intituled, "An Act for confirming the Jointure made on the Marriage of Francis Scot Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail, succeeding to the Estate of Francis late Earl of Buccleuch, to make Jointures in such Manner as is therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sir P. Byrne's Bill;

A Message was brought from the House of Commons, by Sir John Phillips and others:

To return the Bill, intituled, "An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne Baronet, deceased, in the Kingdom of Ireland; and also to enable Sir Peter Byrne Baronet, and his Issue, to take and use the Surname of Leicester only, pursuant to the said Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Thornhagh's Bill.

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

To return the Bill, intituled, "An Act for empowering John Thornhagh Esquire to make a Jointure and Provision for his Younger Children, out of an Estate comprized in a voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Hawker's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses."

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

Their Lordships, or any Five of them; to meet on Wednesday the 9th Day of May next, at the usual Time and Place; and to adjourn as they please.

Motion to shorten the Time of meeting of the Committee.

The House was moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the said Committee may meet on an earlier Day than now appointed, in regard to the approaching Conclusion of this Session of Parliament."

Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.

Fownes's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

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

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

Naville's Nat. Bill.

The same Earl reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Stephen Naville," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Brewers Casks, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again on the Bill, intituled, "An Act for preventing Draymen, Brewers Servants, and others, from selling, pawning, and making away with, Barrels, Casks, Butts, and other Vessels, entrusted with them respectively, without the Consent of the Owners and Proprietors thereof."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had heard the Lord Chief Justice of the King's Bench, and made some Progress in the said Bill."

Ordered, That the House be put into a Committee again, on the said Bill, on this Day Six Weeks.

Poor's Bill.

The Second Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor:"

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

Westminster Bridge, Bill.

The last Order of the Day being read, for the House to be put into a Committee on the Bill, intituled, "An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge, and to make Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed."

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

Adjourn.

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

DIE Mercurii, 25^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hawker's Bill: Committee shortened.

The Order of the Day being read, for taking into Consideration the Motion of Yesterday for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act for vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses," stands committed, may meet on a sooner Day than was at first appointed, in regard to the approaching Conclusion of this Session of Parliament.

And Consideration having been had thereof accordingly:

Ordered, That the said Committee may meet, to consider of the said Bill, To-morrow.

Fownes's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

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. Spicer and Mr. Edwards:

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

Naville's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing Stephen Naville."

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

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

Thornhagh's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for empowering John Thornhagh Esquire to make a Jointure and Provision for his Younger Children, out of an Estate comprized in a voluntary Settlement made by Saint Andrew Thornhagh Esquire, his late Father, deceased."

And the same, being read Thrice, were agreed to.

And a Message was sent to the House of Commons, by the former Messengers, to acquaint them therewith.

Levant Trade, regulating, Bill.

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

With a Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas;" to which they desire the Concurrence of this House.

Buckingham Road, Bill.

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

With a Bill, intituled, "An Act for repairing the Road from the Town of Buckingham, in the County of Bucks, to the Town of Warmington, in the County of Warwick;" to which they desire the Concurrence of this House.

To prevent affixing counterfeit Stamps to Linens, Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing of the affixing of counterfeit Stamps to Foreign or other Linens;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Ordered, That the Bill for enlarging and regulating the Trade to The Levant Seas be printed.

Turkey Merchants to be heard, against the Levant Trade Bill:

Upon reading the Petition of the Governor and Company of Merchants of England trading to The Levant Seas; setting forth, "That if the Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas," should pass into a Law, it will deprive the Petitioners of several of the Privileges granted by their Charter, very much affect them in their Property, endanger the Ruin of their Establishment in Turkey, and greatly distress, if not occasion the total Loss of, the Turkey Trade to this Nation;" and praying, "That the Petitioners may be heard, by their Counsel, against the said Bill; and that the same may not pass into a Law:"

It is Ordered, That the said Bill be read a Second Time on this Day Sevennight; and that the Petitioners may be heard, as desired, at the said Second Reading; as may Counsel also be heard for the Bill, at the same Time.

Woollen Manufactures exported to Turkey, Account of, to be brought;

Ordered, That the proper Officer do lay before this House, an Account of what Quantities of Woollen Manufactures have been exported to Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year.

and of Raw Silk and Mohair Yarn imported.

Also, an Account of what Quantity of Raw Silk has been imported from Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year.

And also, an Account of what Quantity of Mohair Yarn has been imported from Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year.

Devonsher against Harper & al.

After hearing Counsel, upon the Petition and Appeal of Jonas Devonsher, surviving Executor of Abraham Morris, deceased; complaining of several Orders of the Court of Exchequer in Ireland, of the 21st of May 1740, the 22d, 25th, and 30th of June 1741, made in a Cause wherein the Appellant and Jonas Morris were Plaintiffs, and Hugh Henry, John Harper, John Finlay and Jane his Wife, Defendants; and praying, "That the same might be reversed or varied, and the Appellant otherwise relieved as to the House should seem just:" As also upon the Answer of the said John Harper and Jane Finlay, surviving Execurors of Hugh Mitchell Merchant, deceased, 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, in the said Order of the 21st of May 1740, directing what Money the Appellant should recover, which was reported due to him with Interest, these Words ["16th of February 1736, being the Time of confirming the said Report"] be left out; and, instead thereof, these Words be there inserted, ["Time of filing the Appellant's Bill in the said Court of Exchequer, to be computed by the Chief Remembrancer of the said Court, or his Deputy; and that the said Respondents (having admitted Assets) do pay to the said Appellant his Costs of this Suit, to be taxed by the said Chief Remembrancer, or his Deputy"]: And it is further Ordered and Adjudged, That the said Order of the 30th of June 1741, complained of in the said Appeal, be, and the same is hereby, reversed; and that the Respondents do re-pay to the Appellant the Deposit mentioned in the said Order; and that, with these Variations, the rest of the Orders complained of be affirmed.

Causes put off.

Ordered, That the Cause which stands to be heard on Friday next be put off to Monday; and the Cause appointed for that Day be put off to the Friday following.

No more Causes to be heard this Session.

Ordered, That no more than those Two last mentioned Causes be heard, during this Session of Parliament.

Adjourn.

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

April 26th, 1745, Hitherto examined by us,

Shaftesbury.
N. Exon.
R. St. Davids.

DIE Jovis, 26^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Hawker's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were 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.

To prevent affixing counterfeit Stamps to Linens, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual preventing of the affixing of counterfeit Stamps to Foreign or other Linens."

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

Buckingham Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Town of Buckingham, in the County of Bucks, to Warmington, in the County of Warwick."

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

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

Witham against Lewis, Writ of Error.

The Order being read, for the Judges to deliver their Opinions, on the Questions proposed to them on Monday last, on hearing the Cause, upon a Writ of Error wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant:

The Lord Chief Justice of the Court of Common Pleas acquainted the House, "That the Judges had accordingly considered the said Questions, and agreed in their Opinions."

And his Lordship thereupon delivered their Reasons at large; and concluded with their Opinions; (videlicet,)

"That there is not sufficient Matter found in the Special Verdict, whereby the Common Recovery of Trinity Term, 5^o Hen. 8ⁱ, can be adjudged or taken to be a complete valid Recovery.

"And that, by Law, a Venire facias de novo ought not to be awarded in this Case."

Whereupon the following Order and Judgement was made:

Judgement.

"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 24th of January last, wherein John Leybourn Witham is Plaintiff, and George Lewis, on the Demise of Edward Earl of Derby, Defendant; and Counsel having been heard, as well on the 20th as 23d Instant, to argue the Errors assigned upon the said Writ of Error; and the unanimous Opinion of the Judges having been delivered, upon certain 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 further Ordered, That the Plaintiff 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 the 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, in the County of Midd'x aforesaid, (fn. 1) come 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 Judgement thereupon had, as the Causes and Matters aforesaid by the said John Leybourn Witham 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 or Process aforesaid, nor in the giving of the said Judgement, is there any Error, and that the same Judgement is in no wise vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, that the Judgement aforesaid be in all Things assirmed, and stand in its full Force and Effect, the said Causes and Matters by the said John Leybourn Witham above assigned for Error in any wise notwithstanding: It is also further considered by the same Court of Parliament aforesaid now here, That the aforesaid George Lewis recover against the said John Leybourn Witham Ten Pounds, to the same George Lewis, 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 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."

Luton Road, repairing, Bill.

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

With a Bill, intituled, "An Act for amending and making more effectual an Act made in the last Session of Parliament, for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County, and from Luton to St. Albans, in the County of Hertford;" to which they desire the Concurrence of this House.

Glass Beads, &c. Duties, Bill.

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

With a Bill, intituled, "An Act for repealing the Duties payable upon Glass Beads, and for granting other Duties in Lieu thereof; and for allowing the same Drawbacks on the Re-exportation of resined Borax and Camphire, which are allowed on the Exportation of unrefined Borax and Camphire; and for preventing the fraudulent Exportation of British and Irish Linens, for the Sake of the Bounty allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for explaining and amending the said Act, as to the Persons who are to receive the said Bounty;" to which they desire the Concurrence of this House.

The Two last mentioned Bills were both read the First Time.

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

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

To return the Bill, intituled, "An Act for vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement;" 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 Thrice, were agreed to.

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

Lords to be summoned, on the Bill to prevent Correspondence with the Pretender's Sons.

Ordered, That the Lords be summoned, to attend the Service of this House To-morrow; when their Lordships are to be put into a Committee upon the Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown."

Adjourn.

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

DIE Veneris, 27^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

L. Arch. Hamilton against E. of Selkirk & al.

The several Answer of Mr. John Hamilton Writer to the Signet at Edinburgh, One of the Respondents to the Appeal of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, was brought in.

Accounts of Woollen Manufactures, &c. delivered.

The House being informed, "That a Person from the Custom-house attended:"

He was called in; and delivered, at the Bar, pursuant to the Orders of Wednesday last,

"An Account of what Quantities of Woollen Manufactures have been exported to Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year."

Also, "An Account of what Quantity of Raw Silk has been imported from Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year."

And also, "An Account of what Quantity of Mohair Yarn has been imported from Turkey, from Christmas 1720, to Christmas 1743; distinguishing each Year."

And then he was directed to withdraw.

And the Titles of the said Accounts being read by the Clerk:

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

Hawker's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses."

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. Bennet and Mr. Elde:

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

Buckingham Road, Bill.

The Lord Hervey reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing the Road from the Town of Buckingham, in the County of Bucks, to Warmington, in the County of Warwick," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were 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."

Luton Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending and making more effectual an Act made in the last Session of Parliament, for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and from Luton to Saint Albans, in the County of Hertford."

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 next, at the usual Time and Place; and to adjourn as they please.

Glass Beads, &c. Duties on, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repealing the Duties payable upon Glass Beads, and for granting other Duties in Lieu thereof; and for allowing the same Draw-backs on the Exportation of refined Borax and Camphire, which are allowed on the Exportation of unrefined Borax and Camphire; and for preventing the fraudulent Exportation of British and Irish Linens for the Sake of the Bounty allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for explaining and amending the said Act, as to the Persons who are to receive the said Bounty."

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

Westminster Bridge, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge; and to make Provision for Tickets in the said Lottery lost, burnt, or otherwise destroyed."

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."

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

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

To return the Bill, intituled, "An Act for vesting divers Lands and Hereditaments, devised by the Will of Richard Cliffe Esquire, deceased, in Trustees, to be sold, for paying the Debts and Legacies charged thereupon by the said Will; and for laying out the Surplus of the Money arising by such Sale (if any) in purchasing other Lands, to be settled to the Uses of the same Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

London Streets, better lighting, Bill.

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

With a Bill, intituled, "An Act for making more effectual Provision for enlightening the Streets of the City of London;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Address, for Report of the Board of Trade on Memorials of the Levant Company:

Ordered, That an humble Address be presented to His Majesty; "That He will be graciously pleased to give Directions, that there be laid before this House, a Copy of the Report of the Board of Trade, on the Two Memorials of the Levant Company, of June 28th 1739, and September 9th 1740, to their Excellencies the Lords Justices, dated October 9th, 1740."

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

Charter, &c. of the Turkey Company to be brought.

Ordered, That the Company of Merchants of England trading to The Levant Seas do lay before this House the Charter of the said Company, and also their Court and Register Books, in which are contained their Orders and Bye-laws.

Against corresponding with the Pretender's Sons, Bill:

The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown:"

Instruction to the Committee to insert Clauses in it:

Ordered, That it be an Instruction to the said Committee, "That they do receive a Clause, for attainting any of the Pretender's Sons of High Treason, in case they shall land, or attempt to land, in Great Britain, or any of the Dominions belonging to the Crown of Great Britain, or be found on Board any Ship or Vessel with Intent to land there."

The House was moved, "That the 10th Section of an Act, made in the 7th Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for improving the Union of the Two Kingdoms," relating to Forfeitures for High Treason, might be read."

The same was read accordingly.

And it being also moved, "That it be an Instruction to the said Committee, That they do receive a Clause, or Clauses, to suspend and postpone the Operation and Effect of the said 10th Section of the said Act, till after the Death of the Sons of the Pretender."

The same was objected to.

And, after long Debate thereupon:

The Question was put, "Whether such an Instruction shall be given to the Committee?"

It was Resolved in the Affirmative.

Protest against the last.

"Dissentient.

"1st, Because this Addition to the Bill enacts the Continuation of a Punishment, which, though it may have prevailed at Times in this and other Countries, we conceive to be directly contrary to the First Principles of natural Justice; it being an uncontested Maxim, that the Innocent ought not to suffer for the Sake of the Guilty, where, by the Nature of the Thing, it is possible to prevent it.

"2dly, Because involving the Innocent in the Punishment of the Guilty, is wholly inconsistent with that Spirit of Justice and Lenity that distinguishes our Law; and which says, it is better that Ten guilty Persons should escape, than that One innocent one should suffer.

"3dly, Because we conceive, that the postponing the Operation of that Clause in the Act of the 7th of Queen Anne, till the Deaths of the Pretender's Two Sons, is contrary to the plain Intention of that very Act, which appears throughout to have been an Act of Lenity and Mitigation, and to have confined to the Life of the Pretender himself, or Three Years after the Succession of the present Royal Family should take Place, the Duration of those cruel Penalties of Forfeiture of the Estates, and Corruption of the Blood, of innocent Persons, as the utmost Term it was proper or just to allow 'em. And we apprehend, that the Pretender's marrying and having Children was, at that Time, too probable and obvious an Event, not to have suggested this Provision, had it been thought either just or necessary.

"4thly, Because we are far from being convinced that the Terror of these Penalties will so often prevent Guilt, as the Execution of them will oppress Innocence; and we do not conceive that those whom neither the innate Principle of Self-preservation nor the Horror inseparable from Guilt can restrain, will be checked by the tender Sentiments of parental Affection.

"5thly, Because we conceive that no present Danger whatever can be urged as an Argument for this Clause, whose Operation does not commence till after the Death of the Pretender, who is now but Fiftysix Years old; and we can see no good Reason for anticipating a future and remote Danger (supposing that such a Danger could ever exist), in order to enact at present the longer Continuation of so dreadful a penal Law.

"6thly, Because we conceive that this Continuation is, in Effect, perpetuating this severe Law; since whatever Reasons can be urged for it, during the Lives of the Pretender's Two Sons, will be equally made use of for continuing it as long as he or they shall have any Posterity subsisting.

"7thly, Because we conceive that, as this Clause can have no immediate Operation, the enacting it at present may seem rather to be an Insinuation of present Disaffection, than any Security against it: Which Insinuation, we apprehend, would be highly unjust and unbecoming, after the unanimous Zeal and Loyalty which the whole Nation has so lately given Proofs of for His Majesty's Person and Government, and with which His Majesty has so lately, from the Throne, declared Himself satisfied. These Reasons have induced us to transmit to Posterity our Dissent to a Clause by which they may be so severely affected: We reslect, with Concern, upon the heavy Burden of Debts and Taxes with which, we fear, we shall leave them loaded: And we desire they may know, that we endeavoured at least to secure their Innocence from the Rigour of those Laws to which it may hereafter be exposed and sacrificed.

"Hervey.
Denbigh.
Litchfield.
Oxford & Mortimer.
Warrington.
Rockingham.
Chesterfield.
Macclesfield.
Shaftesbury.
Bridgewater.
Foley.
For all the Reasons but the 4th, Bedford.
Westmorland.
Ailesbury & Elgin.
Beaufort.
Talbot.
Ward.
Coventry.
For all the Reasons but the 4th, Thanet."

Then the House was adjourned during Pleasure, and put into a Committee on the said Bill.

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 Monday next.

Adjourn.

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

DIE Lunæ, 30^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Doneraile against Vis. Doneraile.

The Answer of Arthur Mohun Lord Viscount Donneraile in the Kingdom of Ireland, to the Appeal of Sarah Lady Viscountess Donneraile, was brought in.

King's Answer to the Addiess concerning the Levant Company.

The Earl Fitzwalter 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 Copy of the Report of the Board of Trade, on Two Memorials of the Levant Company; and that His Majesty was pleased to say, He will give Order accordingly."

Buckingham Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from the Town of Bucking ham, in the County of Bucks, to Warmington, in the County of Warwick."

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

It was Resolved in the Assirmative.

Westminster Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge; and to make Provision for Tickets lost, burnt, or otherwise destroyed."

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 said Bills.

A Message was 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.

Auchterlony, to amend his Appeal.

A Petition of George Auchterlony of London Merchant, was presented to the House, and read; setting forth, "That, on the Death of the Respondent to the Petitioner's Appeal, Archibald Hunter his Brother was, by Order of this House, made Respondent; who put in his Answer; whereby it appeared his Brother made a Disposition in Favour of the Two Sons of the said Archibald, and also appointed Guardians to them; and that he was no Ways interested in the said Appeal;" and praying, "That the said Disposition may be produced to the Petitioner's Agent in the Court of Session, from which the Names of the said Guardians will appear; and that they, together with Robert and Thomas Hunter Infants, and Veronica Murray their Mother, may be made Respondents."

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

And being withdrawn:

Ordered, That the said Appeal do stand revived against the said Infants and their said Mother, who are hereby made Respondents thereunto; and that they do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 28th Day of May next.

Against corresponding with the Pretender's Sons, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown," was committed, the Amendments made by the Committee to the said Bill.

Which, being read Twice by the Clerk, were agreed to by the House; and are as follow:

"Press 3, Line 8. After ["High Treason"], add ["And be it further Enacted, by the Authority aforesaid, That if the Eldest or any other Son or Sons of the said Pretender shall, after the said First Day of May, land, or attempt to land, or shall be found, in Great Britain or Ireland, or any of the Dominions or Territories belonging to the Crown of Great Britain, or shall be found on Board any Ship, Vessel, or Boat, being so on Board with Intent to land in Great Britain or Ireland, or any of the Dominions or Territories aforesaid, he and they respectively shall, by virtue of this Act, stand and be adjudged attainted of High Treason to all Intents and Purposes whatsoever, and shall suffer and forfeit as Persons attainted of High Treason by the Laws of the Land ought to suffer and forfeit. And whereas, in and by the said recited Act of the Seventh Year of the Reign of Her said late Majesty Queen Anne, it is Provided and Enacted, "That, after the Decease of the Person who pretended to be Prince of Wales during the Life of the late King James, and since pretends to be King of Great Britain, and at the End of the Term of Three Years after the immediate Succession to the Crown upon the Demise of Her said late Majesty should take Essect, no Attainder for Treason should extend to the disheriting of any Heir, nor to the Prejudice of the Right or Title of any Person or Persons, other than the Right or Title of the Offender or Offenders, during his, her, or their natural Lives only; and that it should and might be lawsul to every Person or Persons, to whom the Right or Interest of any Lands, Tenements, or Hereditaments, after the Death of any such Offender or Offenders, should or might have appertained if no such Attainder had been, to enter into the same;" be it further Enacted, by the Authority aforesaid, That the said Provision, so made by the said last recited Clause, shall not take Place, nor have any Operation, Force, or Effect whatsoever, until after the Deceases not only of the said Pretender, but also of his Eldest and all and every other Son and Sons.

"To the Title of the Bill, add, ["And for attainting them of High Treason, in case they shall land, or attempt to land, in Great Britain, or any of the Dominions thereunto belonging; and for suspending the Operation and Effect of a Clause in the Act of the Seventh Year of the late Queen Anne, for improving the Union of the Two Kingdoms, relating to Forfeitures for High Treason, until after the Decease of the Sons of the said Pretender."

Ordered, That the said Bill be read a Third Time To-morrow; and the Lords to be summoned.

Pendred & al. against Grissith & al.

After hearing Counsel in Part, upon the Petition and Appeal of Cordelia Pendred Widow and others, to which James Carrol Griffith and Abdiel Edwards are Respondents:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow; and that the Counsel be called in at One o'Clock.

Charter, &c. of the Levant Company laid before the House.

The House being informed, "That a Person from the Company of Merchants of England trading to The Levant Seas attended:"

He was called in; and acquainted the House, "He had brought with him Two Boxes, in which were contained the Charter of the said Company, together with the Court and Register Books mentioned in their Lordships Order of Friday last."

And then he was directed to withdraw.

Ordered, That the said Boxes be delivered into the Hands of the Clerk, to be by him kept, in order that the said Charter and Books may be perused by the Lords.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, primum diem Maii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.