Journal of the House of Lords Volume 24, 1732-1737. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 24: May 1733, 1-10', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol24/pp251-267 [accessed 23 December 2024].
'House of Lords Journal Volume 24: May 1733, 1-10', in Journal of the House of Lords Volume 24, 1732-1737( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol24/pp251-267.
"House of Lords Journal Volume 24: May 1733, 1-10". Journal of the House of Lords Volume 24, 1732-1737. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol24/pp251-267.
In this section
May 1733, 1-10
DIE Martis, 1o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
D. of Gordon against Sir J. Suttie and Duff.
The joint and several Answer of Sir James Suttie Baronet, and William Duff of Braco Esquire, to the amended Appeal of Cosmo George Duke of Gordon and others, was brought in.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies," to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Sandys and others:
With a Bill, intituled, "An Act to prevent the infamous Practice of Stockjobbing;" to which they desire the Concurrence of this House.
Sir J. Cunyngham against Chalmers:
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Sir James Cunynghame of Milncraig Baronet; complaining of several Interlocutors of the Lords of Session in Scotland, of the 26th of January 1731/2, the 25th of November and 22d of December 1732; and of so much of an Interlocutor of the 29th of June 1732, as affirms Part of the said First Interlocutor, made on the Behalf of Captain John Chalmers; and praying, "That the same may be reversed:" As also upon the Answer of the said Captain Chalmers put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed with Costs.
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 several Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid, to the said Respondent, the Sum of Sixty Pounds, for his Costs in respect of the said Appeal.
Frivolous Arrests to prevent; and Proceedings in Wales to be in English, Bill:
The House (according to Order) proceeded to take into Consideration the Amendments made by the Commons to the Amendments made by this House to the Bill, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act."
And the same, being read Twice by the Clerk, were severally agreed to by the House, with an Amendment to One of the said Amendments.
And a Message was sent to the House of Commons, by Mr. John Bennet and Mr. Elde:
To acquaint them, that the Lords have agreed to their Amendments made to their Lordships Amendments to the last mentioned Bill, with an Amendment to One of the Commons Amendments, whereunto their Lordships desire their Concurrence.
Sugar Colonies Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."
And, after some Time spent therein, the House was resumed.
And the Lord Delawarr reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 2o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Holmes & Ux against Lysaght.
This Day being appointed, for hearing Counsel, upon the Petition and Appeal of Henry Holmes Esquire and Anne his Wife; complaining of a Decree of the Court of Exchequer in Ireland, made the 2d Day of June 1731, in certain Causes, wherein the Appellants were Plaintiffs, and John Lysaght Esquire was Defendant; et é contra; and praying, "That the said Decree may be reversed:" As also upon the Answer of the said John Lysaght put in to the said Appeal:
Counsel were accordingly called in.
And the Counsel for the Appellants acquainted the House, "That, as the Parties were nearly related, an Accommodation of the Matters in Dispute had been treated of, and compromised; and that Bonds for the Performance of the Agreement between them had been signed and sealed; and that the Appellants did submit, if their Lordships so pleased, that the said Decree might be affirmed."
And the Counsel for the Respondent admitting the Matter to be as aforementioned:
An Agreement in Writing, signed by the Solicitors on either Side, was read, at the Bar.
And being delivered in:
The Counsel were directed to withdraw.
And the said written Agreement was read, by the Clerk.
Judgement by Consent.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (according thereunto), That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and is hereby, affirmed.
Delays by removing Actions, avoiding, Bill.
A Message was brought from the House of Commons, by Sir John Barnard and others:
With a Bill, intituled, "An Act for the further avoiding vexatious Delays, caused by removing Actions and Suits out of inferior Courts;" to which they desire the Concurrence of this House.
Highway, Suffolk, repairing, Bill.
A Message was brought from the House of Commons, by Sir Jermyn Davers and others:
With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called the Pye-Road, in the County of Suffolk; and for amending the Roads leading from Yaxley Bull, through Eye, to Lanthorn Green, in the said County;" to which they desire the Concurrence of this House.
Chapel in Tiverton a perpetual Cure, Bill.
A Message was brought from the House of Commons, by Sir William Yonge and others:
With a Bill, intituled, "An Act for making a Chapel in the Town of Tiverton, in the County of Devon, a perpetual Cure, and for providing a Maintenance for the Ministers who shall officiate therein;" to which they desire the Concurrence of this House.
The said Bills were severally read the First Time.
Bawtry's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for settling the Estate of Thomas Bawtry, late of Foston, in the County of York, Esquire, deceased, in his Surname and Blood; and making his Will more effectual for that Purpose."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Burroughs:
To carry down the said Bill, and desire their Concurrence thereunto.
Duty on Compound Waters repealed, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies."
D. Newcastle & al. Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messuages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and found the same 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.
Hertfordshire Roads repairing, Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act, passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the great Bridge in Ware, in the County of Hertford; and for amending the Road from the said great Bridge, to the South End of the great Bridge at Wade's Mill; and from the great Road at Cheshunt, to the West End of Small Lea Bridge, in the said County of Hertford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and found the same 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."
Aston Magna Hamlet enclosing, Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County of Worcester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and found the same 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."
Stockjobbing to prevent, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to prevent the infamous Practice of Stockjobbing."
Ordered, That the said Bill be printed.
Messages from H. C. to return Sir John Tynte's Bill:
A Message was brought from the House of Commons, by Sir William Wyndham and others:
To return the Bill, intituled, "An Act for empowering Sir John Tynte Baronet and Charles Tynte Esquire, and their Sons respectively, to make Leases of the Estates comprized in the late Sir Halswell Tynte's Settlement, for Lives, or Years determinable on Deaths, according to the Custom of the Country;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Ld. James Murray's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act, passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for vesting the Honour and Estate of John Duke of Atholl in James Murray (commonly called Lord James Murray), after the Death of the said Duke."
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 3o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Delawarr sat Speaker, by virtue of a former Commission.
Message from H. C. to return the Bill for preventing frivolous Arrests, and Proceedings in Wales to be in English.
A Message was brought from the House of Commons, by Mr. Bevan and others:
To return the Bill, intituled, "An Act for the more effectual preventing frivolous and vexatious Arrests; and for the more easy Recovery of Debts and Damages, in the Courts of Great Sessions in the Principality of Wales, and in the Court of Assize in the County Palatine of Chester; and for the obviating a Doubt which has arisen, upon an Act made in the Fourth Year of His present Majesty's Reign, intituled, "An Act that all Proceedings in Courts of Justice, within that Part of Great Britain called England, and in the Court of Exchequer in Scotland, shall be in the English Language," so far as the same Act doth or may relate to the Courts of Justice holden within the said Principality; and for explaining and amending the said Act;" and to acquaint this House, that they have agreed to the Amendment made by their Lordships to One of the Amendments made by the Commons to the Amendments made by this House to the said Bill.
Message from thence, to return Lamotte's Nat. Bill:
A Message was brought from the House of Commons, by Sir Richard Lane and others:
To return the Bill, intituled, "An Act to naturalize Jean Lagter Lamotte;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
For filling up Fleet Ditch, Bill:
The Earl of Macclesfield reported from the Lords Committees to whom the Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch, as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London," was committed: "That they had considered the said Bill, as also the Petition of William Morison Esquire, to them referred; and had gone through the Bill, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Message from H. C. with a Bill:
A Message was brought from the House of Commons, by the Lord Malpas and others:
With a Bill, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" to which they desire the Concurrence of this House.
Ld. Castlemain, Leave for a Bill.
Upon reading the Petition of the Honourable Richard Child Esquire, commonly called Lord Castlemain; praying Leave to bring in a Bill, to enable him to take and use the Surname of Tylney, pursuant to a Settlement made by Frederick Tylney Esquire, and dated the 24th Day of February 1721:
It is Ordered, That Leave be given to bring in a Bill, as desired.
Motion to shorten the Time, for Meeting of Committee on
The House was informed, "That the Committee, on the Bill for Exchange of Lands between Earl Cowper and Sir George Oxenden, was not appointed to meet till the 15th Instant."
E. Cowper's Bill, to be considered.
And it being thereupon moved, "That the Standing Order, in relation to the Time for the Commitment of Private Bills may be so far dispensed with in this Case, that the said Committee may meet on Monday next, in regard to the approaching Conclusion of this Session of Parliament:"
It is Ordered, That the said Motion be taken into Consideration To-morrow; and the Lords to be summoned.
Linlithgow, Duty on Beer, Bill:
A Message was brought from the House of Commons, by Mr. Murray and others:
With a Bill, intituled, "An Act for continuing a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed and sold within the Town of Linlithgow, and Liberties thereof, in the County of West Lothian, for paying of the Debts of the said Town, and other Purposes therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Duty on Brandy, &c. Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Suffolk Roads to repair, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called the Pye-Road, in the County of Suffolk; and for amending the Roads leading from Yaxley Bull, through Eye, to Lanthorn Green, 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 on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Accompt of Money, &c. received from the Trustees for Sale of late South Sea Directors Estates, to be laid before this House.
The House being moved, "That the Directors of the South Sea Company may be required to lay before this House, an Accompt of what Sums of Money, South Sea Stock, and South Sea Annuities, have been received from the Trustees, for Sale of the Estates of the late Directors and others, in Pursuance of the Act of Parliament of the 13th Year of His late Majesty; distinguishing the Times of such Receipts, and the Application thereof, with all the Orders and Directions of the General Courts of the said Company relating to the Disposition thereof:"
The same was objected to.
And a Debate arising thereupon:
It was proposed, "That the said Debate be adjourned till To-morrow."
And, after further Debate;
The Question was put, upon the said Proposition.
And it was Resolved in the Negative.
Ordered, That the Accompt afore moved for be laid before this House accordingly.
Enfield Road Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, for repairing the Roads therein mentioned, from the Parish of Enfield, in the County of Middlesex, to the Town of Hertford, and to the great Bridge in Ware, in the County of Hertford; and for amending the Road from the said great Bridge to the South End of the great Bridge at Wade's Mill, and from the great Road at Cheshunt, to the West End of Small Lea Bridge, in the said County of Hertford."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Aston Magna Hamlet enclosing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Hamlet of Aston Magna, in the Parish of Blockley, in the County of Worcester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two last Bills.
And Messages were severally sent to the House of Commons, by Mr. Allen and Mr. Spicer:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
D. Newcastle & al. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for dividing the Scite of the late dissolved Monastery of Bellalanda, alias Byland, and divers Messuages, Lands, Tenements, and Hereditaments, in the County of York, amongst Thomas Holles Duke of Newcastle, Philip Dormer Earl of Chesterfield, and Gervase Scrope Esquire, in the Manner therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
River Dee Navigation, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester."
Ordered, That the said Bill be read a 2d Time on this Day Sevennight.
Amending Act for regulating Elections as to County Courts, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," so far as the same relates to the holding of County Courts."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.
Adjourn.
Ds. Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 4o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Delawarr sat Speaker, by virtue of a former Commission.
Tiverton Chapel, a perpetual Cure, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for making a Chapel in the Town of Tiverton, in the County of Devon, a perpetual Cure; and for providing a Maintenance for the Ministers who shall officiate therein."
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 Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Cholmondeley's Bill:
The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate of Charles Cholmondeley Esquire, in the County of Chester, in Trustees, to be sold, to raise Money, for the Payment of Debts, and other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, and found the same 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.
Asheton, Leave for a Bill:
After reading, and considering, the Report of the Judges, to whom was referred the Petition of Thomas Asheton Esquire; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, in Behalf of his Son Thomas Asheton, an Infant, touching the Estate late of Robert Cholmondeley, of Holford, in the County of Chester, Esquire, obligatory on the said Infant; and vesting the said Estate in Trustees, to be sold, for the Purposes therein expressed."
Ballast Bill:
A Message was brought from the House of Commons, by Mr. Winnington and others:
With a Bill, intituled, "An Act for the better Regulation of Lastage and Ballastage in the River Thames," to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Sugar Colonies, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the better securing and encouraging the Trade of His Majesty's Sugar Colonies in America."
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. Allen and Mr. Spicer:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
E. Cowper's Bill:
The House (according to Order) took into Consideration the Motion made Yesterday, to dispense with the Standing Order, in relation to the Commitment of Private Bills, so far as that the Committee, to whom the Bill for Exchange of Lands between Earl Cowper and Sir George Oxenden stands committed, may be appointed to meet on Monday next.
And Consideration being had thereof:
Time for Meeting of Committee shortened.
It is Ordered, That the said Standing Order be so far dispensed with in this Case, as that the said Committee do meet, to proceed on the said Bill, at the Time abovementioned.
Claimants under late Ld. Bingley's Will, to make Leases; Motion for shortening the Time of Meeting of Committee.
The House was informed, "That the Committee to whom the Bill to enable the Persons claiming under the Will of Robert late Lord Bingley to make Leases stands committed, is not appointed to meet till this Day Sevennight."
And it being thereupon moved (in regard to the approaching Conclusion of this Session of Parliament), "That the said Standing Order, in the last Proceeding mentioned, may be so far dispensed with, as that the said Committee may meet on a sooner Day:"
It is Ordered, That the said Motion be taken into Consideration on Monday next; and the Lords to be summoned.
Duty on Brandies, &c. Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies."
And, after some Time spent therein, the House was resumed.
And the Lord Lovell reported from the said Committee, "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
Linlithgow, Duty on Beer, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale or Beer, brewed and sold within the Town of Linlithgow and Liberties thereof, in the County of West Lothian, for paying the Debts of the said Town, and other Purposes therein mentioned."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet on the same Day, at the same Place; and to adjourn as they please.
Irvine and his Brother against Sir Alexander Cumming & al.:
After hearing Counsel, upon the Petition and Appeal of Alexander Irvine of Crimond Esquire, and William Irvine of Artamford Esquire, his Brother; complaining of Two Interlocutors of the Lords of Session in Scotland, of the 4th of January 1725/6, and 26th of January 1726/7, and of so much of an Interlocutor of the same Lords of Session, of the 21st of July 1727, as finds that the Diligence led for the Behoof of such who became Creditors to Alexander Irvine, now of Drum, before he entered to possess Præceptione Hæreditatis, can affect the entailed Estate for Payment of so much of the Bond of Provision to Charles Irvine, Second Son to the Maker of the Entail in the Appeal mentioned; and also complaining of an Interlocutor of the said Lords of Session, of the 7th of February 1727/8 and likewise of an Interlocutor of the Lord Ordinary, of the 22d of the same February, finding in the Terms of the last mentioned Interlocutor; all made on the Behalf of Sir Alexander Cumming Baronet, Mr. John Ogilvie of Balbegno Advocate, James Gordon of Barnes, Doctor John Gordon Physician at Aberdeen, and Alexander Thomson Writer there, as having Right, by Disposition from Sir Alexander Cumming deceased, in Trust, for the Uses and Purposes therein mentioned; and praying, "That the said Interlocutors, or so much thereof as is in the Appeal complained of, may be reversed:" As also upon the Answer of the said Sir Alexander Cumming, John Ogilvie, James Gordon, Doctor John Gordon, and Alexander Thomson, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed.
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 several Interlocutors therein complained of be, and the same are hereby, affirmed.
Evelyn & al. against Evelyn & al.
The House being moved, "That the Hearing of the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents, which stands for Tuesday next, may be put off to the Friday following; and that the other Causes on Causedays be removed, to come on in Course:"
The same was ordered accordingly.
Old Street Church, Bill:
A Message was brought from the House of Commons, by Sir Francis Child and others:
With a Bill, intituled, "An Act for providing a Maintenance for the Rector of the new Church near Old Street, in the Parish of St. Giles, Cripplegate; and for making that Part of the said Parish, which is called The Lordship Part, a distinct Parish, and for empowering the Commissioners for building of the Fifty new Churches to apply a Sum of Money, to wall-in the said Church and Church-yard, and to erect a House for the Habitation of the Rector of the said Church, out of the Money appropriated for the Endowment of the said Fifty new Churches;" to which they desire the Concurrence of this House.
Adjourn.
Ds. Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 7o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Delawarr sat Speaker, by virtue of a former Commission.
E. Cowper and Sir George Oxenden's Bill:
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming an Exchange agreed to be made, between William Earl Cowper and Sir George Oxenden Baronet, of certain Lands and Hereditaments, in the County of Kent," was committed: "That they had cousidered 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 said Bill, with the Amendments, be engrossed.
Asheton's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, in Behalf of his Son Thomas Asheton, an Infant, touching the Estate late of Robert Cholmondeley, of Holford, in the County of Chester, Esquire, obligatory on the said Infant; and vesting the said Estate in Trustees, to be sold, for the Purposes therein expressed."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Tuesday the 22d Instant, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
For filling up Fleet Ditch, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch, as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Elde:
To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.
Cholmondeley's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Charles Cholmondeley Esquire, in the County of Chester, in Trustees, to be sold, to raise Money, for the Payment of Debts, and other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by the former Messengers:
To carry down the said Bill, and desire their Concurrence thereunto.
Harvest's Bill:
After reading, and considering, the Report of the Judges to whom was referred the Bill, intituled, "An Act for vesting in Trustees certain Messuages, Houses, and Buildings, in Mark Lane, in the City of London, the Estate of George Harvest, an Infant, to be sold (subject to the Payment of Twenty Pounds, and Four Pounds Ten Shillings per Annum charged thereupon); and for laying out the Money arising by such Sale in the Purchase of other Lands, to be settled to such Uses as the Premises to be sold now stand limited:"
It is Ordered, That the said Bill may be read a Second Time.
And the same was read a Second Time accordingly.
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.
Ld. Castlemain to change his Name, Bill:
The Earl of Macclesfield (pursuant to the Order of Thursday last) presented to the House a Bill, intituled, An Act to enable Richard Child Esquire (commonly called Lord Castlemain) and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire, deceased, shall be in the Possession of the Estates therein limited, to take and use the Surname of Tylney."
And the same was read the First Time.
Henley's Bill:
The Lord President reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estates of Anthony Henley Esquire in Trustees, to be sold, for Discharge of the several Debts and Incumbrances affecting the same; and for making a further separate Provision for the Lady Elizabeth his Wife during their joint Lives," 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 said Bill, with the Amendments, be engrossed.
Folie against Green.
Upon reading the Petition and Appeal of Edward Folie Gentleman; complaining of an Order of the Court of Exchequer in Ireland, of the 22d of February 1732, but not passed, signed, and entered, till the 24th of March last, made in a Cause wherein Benjamin Green Esquire was Plaintiff, and the Appellant and others were Defendants; and praying, "That the same may be reversed:"
It is Ordered, That the said Benjamin Green may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 21st Day of June next; and that Service of this Order on the said Respondent's Attorney or Clerk in the said Court of Exchequer in Ireland be deemed good Service.
Proprietors of Stock to be heard, against he Bill, to prevent Stock-jobbing.
Upon reading the Petition of several Proprietors of South Sea Stock, and other Public Securities, praying to be heard, by themselves and Counsel, against such Parts of the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing," as tend to restrain the Proprietors of Public Stocks or Securities, or their Correspondents, from selling or disposing their Estates, or receiving a Satisfaction for the Loss which may happen by the Non-performance of any Contracts for the Sale thereof, in such Manner, and with the same Freedom, as by Law they now may:"
It is Ordered, That the said Bill be read a 2d Time on the First Thursday after the approaching Recess; and that the Petitioners may be heard, at the said 2d Reading, as desired; as may Counsel also be heard for the Bill at the same Time.
Old Street Church, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Rector of the new Church near Old Street, in the Parish of St. Giles, Cripplegate; and for making that Part of the said Parish which is called The Lordship Part a distinct Parish; and for empowering the Commissioners for building of the Fifty new Churches to apply a Sum of Money, to wall in the said Church and Churchyard, and to erect a House for the Habitation of the Rector of the said Church, out of the Money appropriated for the Endowment of the said Fifty new Churches."
Trre for Committee to meet on Fox's Bill shortened.
The House (according to Order) took into Consideration the Motion made on Friday last, for dispensing with the Standing Order, in relation to the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, "An Act to enable the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines," was committed, may meet on a sooner Day than was at first appointed.
It is Ordered, That the said Committee may meet, and proceed on the said Bill, on Wednesday next.
City of Edinburgh against Haddoway &c.
Counsel (according to Order) were called in to be heard, in the Cause wherein the Magistrates and Town Council of Edinburgh are Appellants, and Thomas Haddoway and George Arnot Respondents.
And the Appellants Counsel being heard accordingly, and divers Proofs on their Part read:
As also One Counsel for the Respondents:
They were directed to withdraw.
And being withdrawn:
It is Ordered, That the further hearing the said Cause be adjourned till To-morrow.
Adjourn.
Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 8o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Henley's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of Anthony Henley Esquire in Trustees, to be sold, for Discharge of the several Debts and Incumbrances affecting the same; and for making a further separate Provision for the Lady Elizabeth his Wife, during their joint Lives."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
E. Cowper and Sir Geo. Oxenden's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming an Exchange agreed to be made, between William Earl Cowper and Sir George Oxenden Baronet, of certain Lands and Hereditaments, in the County of Kent."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Two preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. John Bennet and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence to them.
Dowdeswell, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Richard Dowdeswell Esquire and his Wife; praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for enabling Richard Dowdeswell Esquire to raise Money, by Sale or Mortgage of his Estates in the Counties of Gloucester and Worcester, to pay off the Portion of his Niece Anne Wylde the Younger, charged thereon."
Duty on Brandies, &c. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for repealing an Act for laying a Duty on Compound Waters or Spirits, and for licensing the Retailers thereof; and for determining certain Duties on French Brandy, and for granting other Duties in Lieu thereof; and for enforcing the Laws for preventing the Running of Brandies."
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.
Suffolk Road, repairing, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called The Pye Road, in the County of Suffolk; and for amending the Roads leading from Yaxley Bull, through Eye, to Lanthorn Green, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and gone through the same, and directed him to report the Bill to the House, without any Amendment."
Old Street Church, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for providing a Maintenance for the Rector of the new Church near Old Street, in the Parish of St. Giles, Cripplegate; and for making that Part of the said Parish which is called The Lordship Part, a distinct Parish; and for empowering the Commissioners for building of the Fifty new Churches to apply a Sum of Money, to wall-in the said Church and Churchyard, and to erect a House for the Habitation of the Rector of the said Church, out of the Money appropriated for the Endowment of the said Fifty new Churches."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
City of Edinburgh against Haddoway, &c.
After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of the Magistrates and Town Council of Edinburgh; complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of December last, made on the Behalf of Thomas Haddoway and George Arnot; and praying, "That the same may be reversed:" As also upon the Answer of the said Thomas Haddoway and George Arnot put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Interlocutor affirmed.
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 Interlocutor therein complained of be, and is hereby, affirmed.
Message from H. C. to return the Bill for filling up Fleet Ditch.
A Message was brought from the House of Commons, by Sir John Eyles and others:
To return the Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground, when filled up, to the Use of the City of London;" and to acquaint this House, that they have agreed to their Lordships Amendments, with an Amendment to One of the said Amendments; whereunto they desire the Concurrence of this House.
King's Message, touching a Proposal of Marriage with the Princeis Royal:
The Duke of Newcastle acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to this House."
And the same was read, by the Lord Chancellor, as follows:
"GEORGE R.
"His Majesty having received, from the Prince of Orange, Proposals for a Treaty of Marriage between the Princess Royal, His Majesty's Eldest Daughter, and the said Prince; and His Majesty having been pleased favourably to accept the Instances made by the Prince; his Highness has sent over a Minister, instructed and authorized with full Powers to treat of and conclude the Articles of Marriage: His Majesty has therefore thought it proper to communicate this important Affair to this House; and as He makes no Doubt but this Marriage will be to the general Satisfaction of all His good Subjects, He promises Himself the Concurrence of this House, in perfecting an Alliance that will tend so much to the further Security of the Protestant Succession to the Crown of these Realms, and of the Protestant Interest in Europe."
Which said Message being read, by the Clerk:
Order for an Address of Thanks.
Ordered, That an humble Address be presented to His Majesty, "To return His Majesty the Thanks of this House, for His most Gracious Message; and for His Goodness, in acquainting this House, that His Majesty had received, from the Prince of Orange, Proposals for a Treaty of Marriage between the Princess Royal, His Majesty's Eldest Daughter, and the said Prince; and to express the just Sense this House has of His Majesty's tender Care and Concern for the Interests of His People, and for the farther Security of the Protestant Succession to the Crown of these Realms, in having been pleased favourably to receive the Instances made by the said Prince: And to assure His Majesty, that this House will readily and chearfully concur in every Thing that may contribute to the concluding and perfecting an Alliance so agreeable to the known Principles and Wishes of all His Majesty's faithful Subjects, and which must necessarily tend to the Support and Encouragement of the Protestant Interest in Europe."
Then the Lords following were appointed a Committee, to prepare an Address pursuant thereunto; (videlicet,)
Ld. Steward. D. Bedford. D. Kent. D. Newcastle. D. Greenwich. D. Manchester. E. Chesterfield. E. Scarbrough. E. Ilay. E. Strafford. E. Fitzwalter. |
L. Bp. Durham. |
Ld. Delawarr. L. Carteret. L. Lovell. |
Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings; and to adjourn as they please.
The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
Address reported.
And the Lord Steward reported from the said Committee, "That they had drawn an Address accordingly."
Which, being read by the Clerk, was agreed to by the House; and is as follows:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our most humble Thanks, for Your most Gracious Message; and for Your Goodness, in acquainting us, that Your Majesty has received, from the Prince of Orange, Proposals for a Treaty of Marriage between the Princess Royal, Your Majesty's Eldest Daughter, and that Prince; and to express, at the same Time, the just Sense we have of Your Majesty's tender Care and Concern for the Interests of Your People, and for the farther Security of the Protestant Succession to the Crown of these Realms, in having been pleased favourably to receive the Instances made by the Prince.
"When we consider the many great and signal Advantages that these Kingdoms have received from a strict Union with the House of Orange, it is with Pleasure we observe Your Majesty's present Disposition, to give a Princess, so deservedly dear to Your Majesty, and esteemed and admired by all Your People, to a Branch of that House.
"The Distinction with which Your Majesty is, upon this Occasion, graciously disposed to honour his Highness the Prince of Orange, is a fresh Proof of Your Majesty's unalterable Resolution to preserve to Your People those Liberties which Your late Royal Predecessor King William the Third, of Ever-glorious Memory, came to restore.
"These, Sir, being our Sentiments, and, as we persuade ourselves, those of the whole Nation; we beg Leave humbly to assure Your Majesty, that we will readily and chearfully concur in every Thing that may contribute to the concluding and perfecting an Alliance, that will tend so much to the farther Security of the Protestant Succession to the Crown of these Realms, and to the Encouragement and Support of the Protestant Interest in Europe."
Ordered, That the said Address be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time His Majesty will be pleased to appoint, to be attended by this House, with the said Address.
Restoring Bazil Hamilton in Blood, Bill.
The Duke of Newcastle (by His Majesty's Command) presented to the House a Bill, signed by His Majesty, intituled, "An Act for restoring Bazil Hamilton in Blood."
And the same was read the First Time.
State of the Navy Debt to be brought.
The House being moved, "That the Commissioners of the Navy be required to lay before this House, a State of the Navy Debt, as it stood at Lady-day last; expressing what was then the Gross Debt, and what was then in the Hands of the Treasurer of the Navy towards Payment thereof; and what was unissued from the Exchequer of the Monies given by Parliament, for the Use of the Navy, before that Time:"
The same was ordered accordingly.
L. Castlemain to take the Name of Tylney, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Richard Child Esquire (commonly called Lord Castlemain), and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire deceased, shall be in the Possession of the Estates therein limited, to take and use the Surname of Tylney."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees beforenamed:
Their Lordships, or any Five of them; to meet at the usual Time and Place To-morrow; and to adjourn as they please.
Evelyn & al against Evelyn & al.
Ordered, That the Cause wherein Anne Evelyn and others are Appellants, and Edward Evelyn and others Respondents, which stands for an Hearing on Friday, be put off to Monday Sevennight; and that the other Causes appointed on Cause-days be removed, to come on in Course.
The Orders of the Day being read:
Bills and Cause put off.
Ordered, That the House be put into a Committee upon the Bill to amend a late Act for the better Regulation of Attornies and Solicitors on Thursday next; as also upon the Bill for amending an Act of the 7th and 8th of King William, relating to the Election of Members, so far as the same relates to County Courts; and that the Cause appointed for that Day be put off to the first Bye-day after the Recess; and the other Causes on Bye-days to be removed, in Course.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 9o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
His Majesty to be attended with the Address.
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended by this House, with their Address; and that His Majesty had been pleased to appoint this Day, at a Quarter of an Hour before Two, at His Palace of St. James's."
St. Albans, &c. Road, repairing, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hereford and Middlesex," was committed: "That they had considered the said Bill, and examined the Allegations thereof; 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.
Dowdeswell's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for enabling Richard Dowdeswell Esquire to raise Money, by Sale or Mortgage of his Estates in the Counties of Gloucester and Worcester, to pay off the Portion of his Niece Anne Wylde the Younger, charged thereon:"
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Thursday the 24th Instant, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Motion for shortening the Time:
The House being moved, "In regard to the near Conclusion of this Session of Parliament, 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 Committee above named may be appointed to meet on a shorter Day:"
To be considered:
It is Ordered, That this House will take the said Motion into Consideration To-morrow; and the Lords to be summoned.
Also to shorten the Time of the Committee's meeting on Asheton's Bill.
The House was informed, "That the Committee to whom the Bill for making certain Articles of Agreement, entered into by Thomas Asheton Esquire, obligatory on his Infant Son, and for other Purposes therein expressed, stands committed, is not appointed to meet till the 22d Instant."
And it being thereupon moved, for the Reason before mentioned, "That the said Standing Order may be so far dispensed with, in this Case, as that the Committee may meet on a sooner Day:"
It is Ordered, That the said Motion be likewise taken into Consideration To-morrow.
Linli hgow, Duty on Beer, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed and sold within the Town of Linlithgow and Liberties thereof, in the County of West Lothian, for paying the Debts of the said Town, and other Purposes therein mentioned," was committed: "That they had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
L. Castlemain to take the Name of Tylney, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Richard Child Esquire (commonly called Lord Castlemain), and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire deceased, shall be in the Possession of the Estates therein limited, to take and use the Surname of Tylney," 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.
Tiverton Chapel, a perpetual Cure, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for making a Chapel in the Town of Tiverton, in the County of Devon, a perpetual Cure; and for providing a Maintenance for the Ministers who shall officiate therein," was committed: "That they had considered the said Bill, and gone through the same; and directed him to report the Bill to the House, without any Amendment."
Claimants under the late L. Bingley' Will, to make Leases, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines," 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 said Bill, with the Amendment, be engrossed.
Suffolk Road, repairing, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Tenth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the better repairing and amending the Road leading from Ipswich to Cleydon, and the Road called The Pye Road, in the County of Suffolk; and for amending the Roads leading from Yaxley Bull, through Eye, to Lanthorn Green, in the said County."
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. Holford and Mr. John Bennet:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Wades Mill Road, repairing, Bill.
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County," was committed: "That they had considered the said Bill; and that the Committee had gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Lewis against Turner & al.
Upon reading the Petition and Appeal of Percival Lewis Gentleman; complaining of a Decree of the Court of Exchequer, of the 19th Day of April last, made in a Cause wherein the Appellant was Plaintiff, and Elias Turner, Jacob Sawbridge, Sir George Caswall, Robinson Knight, and Henry Blunt, were Defendants; and praying, "That the same may be reversed:"
It is Ordered, That the said Defendants may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 23d Day of this Instant May.
Coining Broad Pieces, to prevent, Bill.
A Message was brought from the House of Commons, by Mr. Conduit and others:
With a Bill, intituled, "An Act to prevent the coining, or counterfeiting, any of the Gold Coins commonly called Broad Pieces;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Message from H. C. to return the Bill for dissolving Sir J. Rudd's Marriage.
A Message was brought from the House of Commons, by Mr. Campbell and others:
To return the Bill, intituled, "An Act to dissolve the Marriage of Sir John Rudd Baronet with Lettice Vaughan, and to enable him to marry again; and for other Purposes therein mentioned;" 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 et in diem Jovis, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 10o Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
The Lord Delawarr sat Speaker, by virtue of a former Commission.
Evelyn & al. against Worseley.
The Answer of James Worseley Esquire, One of the Respondents to the Appeal of Anne Evelyn and others, was brought in.
King's Answer to the Address about the Princess Royal's Marriage.
The Speaker reported, "That the House did Yesterday present to His Majesty their humble Address; and that His Majesty was pleased to return the following most Gracious Answer; (videlicet,)
"My Lords,
"I thank you for this Mark of your Affection to Me and My Family. It is a great Satisfaction to Me to find that the intended Marriage between My Daughter and the Prince of Orange is so agreeable to you.
"You may be assured, that I shall make the Preservation of the Liberties of My People My chief Care and Concern."
Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
Claimants under the late L. Bingley's Will, to grant Leases, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the several Persons claiming under the Will or Codicil of Robert late Lord Bingley, when they shall be entitled to the Estates comprized therein, or directed to be purchased thereby, to make Leases for One and Twenty Years, at the best improved Rents, without taking Fines."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
L. Castlemain to take the Name of Tylney, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable Richard Child Esquire (commonly called Lord Castlemain) and the Heirs of his Body, and such other Persons who, by virtue of a Settlement made by Frederick Tylney Esquire deceased, shall be in the Possession of the Estates therein limited, to take and use the Surname of Tylney."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Holford and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence to them.
Dowdeswell's and Ashton's Bills, Times for the Meeting of Committees shortened.
The House (according to Order) took into Confideration the Motions made Yesterday, for dispensing with the Standing Order as to the Commitment of Private Bills, so far as that the Committees on Mr. Dowdeswell and Mr. Asheton's Bills may meet sooner than was at first appointed.
Ordered, That the Committees on the said Two Bills may meet, and proceed thereupon, on this Day Sevennight.
River Dee Navigation, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday Sevennight.
Merchants, &c. to be heard against the Ballast Bill:
Upon reading the Petition of several Merchants, Masters and Owners of Ships, trading to and from the Port of London, in Behalf of themselves and the rest of the Merchants and Traders of the said City; praying to be heard, by themselves or Counsel, against the Bill for the better Regulation of Lastage and Ballastage in the River Thames; or that they may have such further and other Relief as to this House shall seem meet:
Bill committed.
Then the said Bill was read a 2d Time; and committed to a Committee of the whole House, on Tuesday Sevennight.
Ordered, That the aforementioned Petition be referred to the said Committee; and that the Petitioners may be heard, as desired, before their Lordships; as may Counsel be heard also for the Bill, at the same Time.
Trinity House Charters, &c. to be brought.
Ordered, That the Corporation of The Trinity House do produce, and lay before the said Committee, their several Charters and Bye-laws, together with their Books of Accompt, wherein the Revenues arising to the said Corporation have been entered, for the Three Years last past; and also an Accompt of the Fees and Perquisites received by the several Officers of the said Corporation.
Bill to prevent Stock jobbing:
Whereas the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing," was, on Monday last, ordered to be read a 2d Time on the Thursday next after the approaching Recess; and, upon a Petition of several considerable Proprietors of South Sea Stock, and other Public Securities, an Order was made, that the Petitioners might be heard, by themselves and Counsel, against the said Bill; as also that Counsel might be heard for the Bill, at the same Time:
And the House being this Day moved, "That Notice be given to His Majesty's Attorney General of the aforementioned Orders:"
Attorney General to have Notice of Orders.
It is Ordered, That Notice be given to Mr. Attorney General of the said Orders accordingly.
St. Albans Roads, repairing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for enlarging the Term granted by an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hertford and Middlesex."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Wade's Mill Road, repairing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual repairing the Roads leading from Wade's Mill, in the County of Hertford, to Barley and Royston, in the said County."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to them.
And Messages were severally sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, with some Amendments; whereunto their Lordships desire their Concurrence.
Linlithgow Duty on Beer, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer brewed and sold within the Town of Linlithgow and Liberties thereof, in the County of West Lothian, for paying the Debts of the said Town, and other Purposes therein mentioned."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Tiverton Chapel, a perpetual Cure, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for making a Chapel, in the Town of Tiverton, in the County of Devon, a perpetual Cure; and for providing a Maintenance for the Ministers who shall officiate therein."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally sent to the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.
Amending Act about Elections, as to County Courts, 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 Seventh and Eighth Years of the Reign of King William the Third, intituled, "An Act for the further regulating Elections of Members to serve in Parliament, and for the preventing irregular Proceedings of Sheriffs and other Officers in the electing and returning such Members," so far as the same relates to the holding of County Courts."
And, after some Time spent therein, the House was resumed.
And the Lord Viscount Falmouth 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."
Law Act doel not extend to Proceedings in Parliament.
Notice was taken to the House, "That some Doubt had arisen, touching the Extension of a late Act of Parliament, requiring that all Proceedings in Courts of Justice should be in the English Language."
And thereupon certain Proceedings in their Lordships Books, in relation to the Construction of the Stamp Act, being read:
It was Declared, That the said late Act could not be understood to extend to Proceedings in Parliament.
Messages from H. C. with a Bill; and to return Drake Bill.
A Message was brought from the House of Commons, by Mr. Crosse and others:
With a Bill, intituled, "An Act for the Relief of Parishes, and other Places, from such Charges as may arise from Bastard Children born within the same," to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Sir Winfrid Lawson and others:
To return the Bill, intituled, "An Act to enable Thomas Erle Drax Esquire, an Infant, and others, to grant Leases of several Manors and Lands in the County of Wilts, in such Manner as is therein mentioned;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
Against coining Broad Pieces, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to prevent the coining or counterfeiting any of the Gold Coins commonly called Broad Pieces."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday Sevennight.
Brandon's Bill.
After reading, and considering, the Report of the Judges to whom was referred the Bill, intituled, "An Act for vesting in Trustees the unsettled Estates of William Brandon deceased, to be sold, for Payment of a Debt due from him to the Crown; and for applying the Residue of the Money arising by such Sale for the Benefit of his Family:"
It is Ordered, That the said Bill may be read a Second Time.
And the same was read a Second Time accordingly.
Ordered, That the said Bill be committed to the Consideration of the Lords following; (vidclicet,)
Their Lordships, or any Five of them; to meet on Friday the 25th Day of this Instant May, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Explaining Act for regulating Attornies, Bill.
The Order being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to explain and amend an Act made in the Second Year of His present Majesty's Reign, intituled; An Act for the better Regulation of Attornies and Solicitors:"
It is Ordered, That the House be put into a Committee thereupon on Tuesday Sevennight; and that the said Bill be printed.
For filling up Fleet Ditch, Bill.
Ordered, That the Amendment made by the Commons to One of the Amendments made by this House to the Bill, intituled, "An Act for filling up such Part of the Channel of Bridewell Dock and Fleet Ditch as lies between Holborn Bridge and Fleet Bridge; and for converting the Ground; when filled up; to the Use of the City of London," be taken into Consideration on this Day Sevennight.
Bill against removing Actions out of inferior Courts, to be printed.
Ordered, That the Bill, intituled, "An Act for the further avoiding vexatious Delays caused by removing Actions and Suits out of inferior Courts," be printed.
Adjourn.
Dominus Delawarr declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum septimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.