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: March 1734, 21-31', 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/pp386-403 [accessed 23 December 2024].
'House of Lords Journal Volume 24: March 1734, 21-31', 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/pp386-403.
"House of Lords Journal Volume 24: March 1734, 21-31". 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/pp386-403.
In this section
March 1734, 21-31
DIE Jovis, 21o Martii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Calverley to take the Name of Blackett, Bill:
The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Walter Calverley Esquire, now called Walter Blackett Esquire, and his Issue Male, to take and use the Surname of Blackett only, pursuant to the Will of Sir William Blackett Baronet, deceased," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
The said Bill was read the Third Time.
And the Question being put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. to carry down the said Bill.
A Message was sent to the House of Commons, by Mr. Thomas Bennet and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Salt Duties, Bill:
Hodie 3a vice lecta est Billa, intituled "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the Term of Seven Years; and for licensing the erecting new Refineries of Rock Salt, in the Counties of Essex and Suffolk."
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 Bill.
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.
Buckley's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited."
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 26th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Bankrupts Bill.
A Message was brought from the House of Commons, by Mr. Thompson and others:
With a Bill, intituled, "An Act for explaining an Act passed in the Fifth Year of the Reign of His present Majesty, intituled, An Act to prevent the committing of Frauds by Bankrupts, so far as the same relates to the signing of Certificates by the Creditors of Bankrupts;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
S. S. Bonds, Payment, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain an Act, passed in the last Session of Parliament, intituled, "An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" so far as the said Act relates to the paying off the Bonds of the said Company."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."
Who being come, with their Speaker; he, after a short Introduction in relation to the Salt Bill, delivered the same to the Clerk, who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow:
Bills passed.
"1. An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Seven Years; and for licensing the erecting of new Refineries of Rock Salt, in the Counties of Essex and Suffolk."
To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, & ainsi le veult."
"2. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters."
"3. An Act for exhibiting a Bill in this present Parliament, for naturalizing his Highness the Prince of Orange."
"4. An Act for enlarging the Term and Powers granted by an Act passed in the Sixth Year of the Reign of His late Majesty King George the First, intituled, An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Pint of Ale or Beer that shall be vended or sold within the Town of Montrose, and Privileges thereof, for supplying the said Town with fresh Water; and for other Purposes therein mentioned."
To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)
"Le Roy le veult."
"5. An Act for confirming the Enclosure, Division, and Exchanges, of several Lands and Grounds, lying in the Common Fields of Wollesthorpe, near Belvoir Castle, in the County of Lincoln."
"6. An Act to enable Robert Dalzell, late Earl of Carnwath, to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him."
"7. An Act to enable Walter Calverley Esquire, now called Walter Blackett Esquire, and his Issue Male, to take and use the Surname of Blackett only, pursuant to the Will of Sir William Blackett Baronet, deceased."
To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty was pleased to retire; and the Commons returned to their House.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
P. of Orange's Naturalization Bill read Three Times, and passed:
The Duke of Marlborough presented to the House a Bill, intituled, "An Act for naturalizing the most Serene Prince William Charles Henry Friso, Prince of Orange and Nassau."
And the same was read the First Time.
Ordered, That it be now read a Second Time.
And the same was accordingly read a Second Time.
Ordered, That the said Bill be engrossed.
The said Bill was read the Third Time.
And the Question being 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 Lord Chief Justice of the Court of Common Pleas and Mr. Baron Comyns:
To carry down the said Bill, and desire their Concurrence thereunto.
L. Doneraile & al. peremptorily to answer.
The House was informed, "That Arthur Lord Viscount Doneraile and others, Respondents to the Appeal of the Viscountess Doneraile, have not put in their Answer to the same, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit, made by Robert Harrison, of the due Service of the said Order, being read:
It is Ordered, That the Respondents to the said Appeal do peremptorily put in their Answer or respective Answers thereunto, in a Week.
Phelan to be taken into Custody.
The Order being read, for the Attendance of Mathias Phelan, to be reprimanded, on his Knees, at the Bar, for gross Misrepresentations contained in his Petition for re-hearing a Cause, upon an Appeal of James Devereux Esquire formerly heard in this House, and prevaricating in his Evidence before the Committee appointed to consider of the said Petition:
The Yeoman Usher acquainted the House, "That Endeavours had been used to serve the said Mathias Phelan with the said Order for his Attendance; but that he absconded, and could not be found."
Ordered, That the said Mathias Phelan be, for the said Contempt, taken into Custody, by the Gentleman Usher of the Black Rod.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 22o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
River Weaver, Bill.
The Earl of Cholmondeley reported from the Lords Committees to whom the Bill, intituled, "An Act to extend the Navigation of the River Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester," 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 said Bill, and directed him to report the same to the House, without any Amendment."
Stock-jobbing Bill.
Whereas this Day was appointed, for the House to be put into a Committee on the Bill, intituled, "An Act to prevent the infamous Practice of Stockjobbing:"
It is Ordered, That the House shall be put into a Committee thereupon, on Tuesday next.
Message from H. C. to return the Prince of Orange's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Pulteney and others:
To return the Bill, intituled, "An Act for naturalizing the most Serene Prince William Charles Henry Friso, Prince of Orange and Nassau;" and to acquaint this House, that they had agreed to the same, without any Amendment.
Fitzgerald against Eustace:
After hearing Counsel, upon the Petition and Appeal of Maurice Fitzgerald Gentleman; complaining of a Decretal Order of the Court of Chancery in Ireland, of the 8th of May 1732, made in a Cause wherein the Appellant was Plaintiff, and Christopher Eustace Gentleman Defendant; and praying, "That the same, and all subsequent Proceedings had thereon, may be reversed:" As also upon the Answer of the said Christopher Eustace put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Decretal Order 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 Decretal Order therein complained of be, and is hereby, affirmed: And it is hereby 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.
L. Visc. Say and Seale to be heard, by Counsel, concerning Twisleton's Claim to the Barony.
The House being moved, "That the Lord Viscount Say and Sele may be heard, by Counsel, before the Lords Committees for Privileges, to whom the Petition of John Twisleton Esquire to His Majesty, claiming the Barony of Say and Sele, stands referred:"
It is Ordered, That the said Lord Viscount Say and Sele be heard, by his Counsel, before the said Committee, if he thinks fit.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum quintum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
Hitherto examined by us, except the Four last Petitions relating to Peerage,
Portland.
Bridgewater.
Abingdon.
Oxford & Mortimer.
N. St. Davids.
Isa. Asaph. (fn. 1)
DIE Lunæ, 25o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Horner & Ux. for Sale of Hopsford Manor, Bill.
The Lord Viscount Falmouth reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased," 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.
Yorkshire Cloth, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."
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 27th Instant, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Jackson against Francia.
A Petition of Moses Francia, Respondent to the Appeal of Cuthbert Jackson, was presented, and read; setting forth, among other Things, "That the Hearing of this Cause stands so far backward, as that it cannot be expected to come on in Course this Session;" and praying, "That a Bye-day may be appointed, for hearing the same this Session."
And thereupon the Agents on both Sides being called in, and heard at the Bar; and withdrawn:
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the 9th Day of April next.
Messages from H. C. with Bills.
A Message was brought from the House of Commons, by Mr. Hay and others:
With a Bill, intituled, "An Act to naturalize Bartold Bud;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Alderman Perry and others:
With a Bill, intituled, "An Act to enable Joseph Windham Esquire, and his Issue Male, to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe;" to which they desire the Concurrence of this House.
A Message was brought from the House of Commons, by Mr. Bigg and others:
With a Bill, intituled, "An Act for making more effectual an Act passed in the Fourteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the more effectual amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as the same relates to the amending that Part of the Road as lies between a Place called The Whne Post, upon Alconbury Hill, and Wandsford Bridge, in the said County of Huntingdon, called The North Division;" to which they desire the Concurrence of this House.
River Weaver Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to extend the Navigation of the River Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Evelvn, Leave for a Bill:
The Report of the Judges to whom was referred the Petition of Edward Evelyn Esquire, on Behalf of himself and only Son, praying Leave to bring in a Private Bill, being read:
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 vesting the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose."
Cleybrooke Common Fields, to enclose, Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Ordered, That the said Bill be engrossed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum sextum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 26o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Message from H. C. with a Bill.
A Message was brought from the House of Commons, by Sir Francis Child and others:
With a Bill, intituled, "An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, One of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways, from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampstead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampstead, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County;" to which they desire the Concurrence of this House.
Stafford et Ux. against Ld. Nassau Powlet.
After hearing Counsel, upon the Petition and Appeal of Arthur Stafford Esquire and Susanna his Wife; complaining of an Order of the Court of Chancery in Ireland, the 26th Day of February 1730, and other Orders and Proceedings of the same Court, made in a Cause wherein Major General James Crosts, Benjamin Burton a Minor, Grandson and Heir of Charles Campbell Esquire, deceased, by his Father and next Friend Samuel Burton Esquire, Bruen Worthington Esquire, John Moore and William Colvile, Executors of the said Charles Campbell, were Plaintiffs, and the Appellants Defendants; and praying, "That the same may be reversed:" As also upon the Answer of Nassau Powlett Esquire, commonly called Lord Nassau Powlett, and the several Plaintiffs in the said Cause, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Orders and Proceedings complained of in the said Appeal be, and are hereby, reversed: And it is further Ordered (with the Consent of the Respondent the said Lord Nassau Powlett, present at the Bar), That the Title of the Order of the said Court, for issuing a Commission for the Examination of Witnesses, as also the Title of the Cause mentioned in the said Commission, be amended, and made agreeable to the Title of the Cause in the Interrogatories and Depositions taken thereupon; and that the said Court of Chancery do proceed to hear the said Cause.
Motions for Instructions to the Committee on the Plantation Affairs, refused; and Protests.
The House was moved, "That the Select Committee appointed the 7th Instant, to consider of the Representation of the Commissioners for Trade and Plantations, relating to the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom, be empowered to inquire of the proper Methods for the Encouragement and Security of all Trade and Manufactures in the said Plantations, which no Way interfere with the Trade of Great Britain, or which may be of Use to the Trade of Great Britain; and for the better Security of the Plantations themselves."
And a Question being stated thereupon:
It was proposed, "After the Word ["Encouragement"], to leave out ["and Security"]."
Which being objected to; and Debate thereupon:
The Question was put, "Whether the Words ["and Security"] shall stand Part of the Question?"
It was Resolved in the Negative.
Then it was proposed, "That these Words, at the latter End of the Motion, (videlicet,) ["and for the better Security of the Plantations themselves,"] be left out."
But the same being objected to:
The Question was put, "Whether those Words shall stand Part of the Question?"
And it was Resolved in the Negative.
"Dissentient.
"Because we apprehend that, if the Safety of the Plantations themselves is not thought a Matter worthy the Consideration of the Parliament, it is of little Consequence to consider of their Laws, Manufactures, or Trade.
"Bedford.
Strafford.
Berkshire.
Bristol.
Abingdon.
Litchfield.
Aylesford.
Craven.
Winchilsea & Nottingham.
Carteret.
Bathurst.
Tadcaster.
Montrose.
Tweeddale.
Stair.
Marchmont.
Thanet.
Bolton.
Cardigan.
Coventry.
Northamton.
Gower."
Then the Question was put, "Whether the said Committee shall be empowered to inquire of the proper Methods for the Encouragement of all Trade and Manufactures in the Plantations in America, which no Way interfere with the Trade of Great Britain, or which may be of Use to Great Britain."
And it was Resolved in the Negative.
"Dissentient.
"1st, Because we apprehend that the new Powers proposed to be given to the Committee were not only expedient, but absolutely necessary; since, by the Account given by several Lords who attended the Committee (and contradicted by none), it appeared to the House, that, from the Informations of Merchants of undoubted Credit, Jamaica, Barbadoes, and The Leeward Islands, were in so defenceless and miserable a Condition, that they might be taken in Four and Twenty Hours: And we conceive that such imminent Danger of such valuable Possessions required an immediate and minute Examination, in order to discover the Causes and Nature of the Danger, and to apply proper and adequate Remedies.
"2dly, Because we conceive that the chief Reason urged in the Debate against this Inquiry is the strongest Argument imaginable for it; videlicet, "That it might discover the Weakness of those Islands in the present critical Juncture of Affairs, and invite our Enemies to invade them." Whereas we think that this critical Juncture calls upon us, to put our Possessions in a State of Defence and Security in all Events. And since we cannot suppose that their present defenceless Condition is unknown to those Powers who are the most likely to take the Advantage of it; we apprehend it to be both prudent and necessary, that those Powers should at the same Time know, that the Care and Attention of this House was employed in providing for their Security. We likewise conceive, that such an Argument may tend to debar a House of Parliament from looking into any of our Affairs, either Foreign or Domestic. If in any Transaction, at any Time, there shall appear to have been a weak, negligent, or treacherous Management; the Directors will never fail to lay hold of that Argument, to stop any Parliamentary Inquiry; and the Fear of discovering a National Weakness may be urged, only to prevent the Detection of Ministerial Negligence or Guilt.
"3dly, Because we have found, by Experience, that we can never be too attentive to the Preservation of the Possessions and the Dependencies of this Kingdom; since Treaties alone will not bind those Powers, who, from the Proximity of their Situation, from favourable Opportunities or other Inducements, may be tempted to attack or invade them: But the Interposition of a Brittish Parliament will be more respected, and more effectual, than the occasional Expedients of fluctuating and variable Negotiations, which in former Times have been often more adapted to the present Necessities of the Ministers, than to the real Honour and lasting Security of the Nation.
"4thly, Because we apprehend, the debarring this House from any Inquiry into the Conduct of Ministers for the Time past, or from giving their Advice, in Matters of great Concern to the Public, for the Time to come, tends to destroy the very Being of this House, and, of Consequence, the whole Frame of our Constitution: and how melancholy a View must it be, to all His Majesty's Subjects, to see the private Property of so many Particulars, and so advantageous a Trade to the Whole, refused to be brought under the Inspection of this House; and yet (as far as it appears to us) totally neglected by the Administration: And we are the more surprized to find this Backwardness with regard to the Interest of our Colonies, since we are persuaded that the Balance of Trade at present is against us in most Parts of the World, and only compensated in some Degree by what we gain by our West India Trade. Neither can we allow that they ought to be left to look after themselves, since they have a Right to claim even more than the Protection of their Mother Country, by the great Wealth they annually transmit to it, and the great Duties they pay to the Increase of the Public Funds, and of the Civil List. And we are fully convinced that, if this beneficial Trade should once be lost, it will be irrecoverably lost, to the infinite Damage of this Kingdom; for, though the Islands should be restored to us afterwards, the Utensils and Stock of Negroes being carried away, it would take up a long Tract of Time, and would be a very great Expence to the Public, to reinstate them in their present Condition. We rather think it impracticable to restore them; though we can by no Means suppose it difficult, by timely Precautions, to prevent their Destruction.
"Cardigan.
Foley.
Bristol.
Chesterfield.
Strafford.
Gower.
Berkshire.
Winchilsea & Nottingham.
Litchfield.
Bedford.
Thanet.
Tadcaster.
Montrose.
Tweeddale.
Stair.
Marchmont.
Bathurst.
Northampton.
Bolton.
Abingdon.
Carteret.
Coventry.
Craven."
Address, for an Account of what Ships, &c. have been sent to the Plantations.
Ordered, That an humble Address be presented to His Majesty, "That He will be graclously pleased to order the proper Officers to lay before this House, an Account of what Ships, Men, and Stores, have been sent from Great Britain, to the several Plantations in The West Indies, for their Defence, since the Year 1720; with the Times when such Ships went out, and when they returned."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
Stockjobbing Bill.
The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing:"
It was moved, "That the House be put into a Committee upon the said Bill on this Day Sevennight."
After Debate;
The Question was put thereupon.
And it was Resolved in the Negative.
Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and the Lords to be summoned; and that the Cause appointed to be heard that Day be put off to Friday; and the other Causes on Cause-days be removed in Course.
South Sea Bonds, Bill:
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain an Act passed in the last Session of Parliament, intituled, "An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" so far as the said Act relates to the paying off the Bonds of the said Company."
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."
Evelyn's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
And a Debate arising, as to the Time to be appointed for the Meeting of the Committee:
A Motion was made, "To dispense 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 Committees abovenamed may meet, to consider of the said Bill, on an earlier Day than allowed by the said Order, 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.
Horner et Ux. for Sale of Hopsford Manor, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of the Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Cleybrooke Common Fields to enclose, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with the Two preceding Bills.
And Messages were severally sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
To carry down the said Bills, and desire their Concurrence to them.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 27o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Dundas & al. against Sharp et al.
The Answer of Thomas Sharp of Houston and others, to the Appeal of George Dundas and others, was brought in.
Message from H. C. to return Culliford's Bill:
A Message was brought from the House of Commons, by Mr. Sandys and others:
To return the Bill, intituled, "An Act for Sale of the Manor, Farm, and Lands, of Encombe, in the County of Dorset, Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.
To enlarge the Time for taking the Oaths, &c. Bill:
A Message was brought from the House of Commons, by Mr. Winnington and others:
With a Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament, and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Sir Theodore Janssen's Bill
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."
Strode's Bill:
The Lord Delawarr also made the like Report from the Committee to whom the Bill, intituled, "An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty," was committed.
Yorkshire Cloth, Bill:
The Earl of Strafford made the like Report from the Committee to whom the Bill, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for the better regulating the Manufacture of Cloth, in The West Riding of the County of York," was committed.
Marquis of Annandale's Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate," 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.
Bull's Nat. Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to naturalize Bartold Bull."
Hampstead and Highgate Road, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, one of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways, from the several Places in the said Acts mentioned, to Highgate Gatebouse and Hampstead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampstead, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County."
Land Tax Bill.
A Message was brought from the House of Commons, by Sir Charles Turner and others:
With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-four;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ld. Abergavenny's Privilege:
Upon reading the Petition of John Bridger, in Custody of the Serjeant at Arms, for a Breach of Privilege against the Lord Abergavenny, acknowledging his Offence; begging Pardon for the same; and praying to be discharged out of Custody:
Bridger to be brought to the Bar.
It is Ordered, That the Petitioner be brought to the Bar of this House To-morrow, in order to his Discharge.
Wyndham to take the Name of Ash, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act to enable Joseph Wyndham Esquire, and his Issue Male, to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe."
Evelyn's Bill:
The House (according to Order) took into Consideration the Motion made Yesterday, for dispensing with the Standing Order in relation to the Commitment of Private Bills, so far as that the Committee on the Bill, intituled, "An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose, may meet on a sooner Day than allowed by the said Standing Order."
Committee shortened.
Ordered, That the Committee to whom the said Bill stands committed may meet, to consider of the said Bill, on Friday next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers.
King's Answer to the Address relating to the Plantations.
The Lord Steward acquainted the House, "That the Lords with White Staves had presented to His Majesty the Address of Yesterday, for an Account of what Ships, Men, and Stores, have been sent from Great Britain, to the Plantations in The West Indies; and that His Majesty was pleased to say, He would give Orders accordingly."
York Buildings Company, Bill:
Hodie 1a vice lecta est Billa, intituled, "An Act for stating and determining the Accompts and Demands depending between the Corporation of the Governor and Company of Undertakers, for raising the Thames Water in York Buildings, and their Creditors and Debtors respectively."
Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.
Royston, &c. Road, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon," so far as the same relates to the amending that Part of the Road as lies between a Place called The White Post, upon Alconbury Hill, and Wandsford Bridge, in the said County of Huntingdon, called The North Division."
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.
Buckley's Bill.
The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements during the Time therein limited," 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 made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Charitable Corporation, Application, Lottery Money, Bill.
A Message was brought from the House of Commons, by Mr. Whitworth and others:
With a Bill, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery, on the Credit of the Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Ordered, That the same be printed.
D. Roxburghe against Kerr:
Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of John Duke of Roxburghe; complaining of an Interlocutory Sentence of the Lords of Session in Scotland, of the 23d of July 1731: As also upon the Answer of Christian Kerr of Chatto and Charles Kerr her Husband put in to the said Appeal.
And the Counsel for the Appellant being directed to proceed:
The Respondents Counsel objected, "That there were not proper Parties to the said Appeal; one Captain William Elliot, Son and Heir of William Elliot Esquire, not being made a Party thereunto."
Whereupon the Appellant's Counsel admitting the same:
The Counsel were directed to withdraw.
And being accordingly withdrawn:
Appeal to be amended.
It is Ordered, That the Appellant be at Liberty (upon Payment of Twenty Pounds to the Respondents) to amend his Appeal, by making the said Captain Elliot a Respondent thereunto.
Viscountess Doneraile against The Viscount and others:
The House was informed, "That a Person attended, in order to deliver in several Pleadings, Proceedings, and Papers, in the Cause wherein Catherine Sarah Lady Viscountess Doneraile in the Kingdom of Ireland, by her Father and next Friend, is Appellant, and Arthur Lord Viscount Doneraile and others are Respondents:"
Pleadings proved.
He was thereupon called in; and delivered, at the Bar, the said Papers; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."
And then he was directed to withdraw.
Charge of executing the Act relating to the Charitable Corporation.
Ordered, That the Commissioners, appointed by an Act made in the last Session of Parliament, to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, according to the Descriptions therein mentioned, do lay before this House an Accompt of what Charge has hitherto attended the Execution of the said Act; with an Estimate, as near as can be made, of what Charges may occur in the further Execution thereof.
South Sea Bonds, for Payment of, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain an Act passed in the last Session of Parliament, intituled, "An Act for the converting of a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" so far as the said Act relates to the paying off the Bonds of the said Company."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
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, vicesimum octavum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Jovis, 28o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Cotton against More.
The Answer of Dame Osbaston Sophia More, Widow and Administratrix of the Goods and Chattels unadministered of Sir Cleave More Baronet, deceased, to the Appeal of John Cotton Esquire, was brought in.
Land Tax Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyfour."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Time enlarged for taking the Oaths, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace."
Ordered, That the said Bill be committed to a Committee of the whole House, on Monday next.
Cochineal Importation, Bill:
A Message was brought from the House of Commons, by Mr. Bevan and others:
With a Bill, intituled, "An Act for the Revival of an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also for the free Importation of Indico;" to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Inhabitants of Hornsey, against Hampstead Road, Bill,
A Petition of the Inhabitants, Householders, and Landholders, of the several Parishes of Hornsey, Finchby, and Fryan Barnet, in the County of Middlesex:"
and Inhabitants of Islington:
And also, a Petition of the Inhabitants, Householders, and Landholders, of the Parish of St. Mary Islington; in the County of Middlesex:
Were severally presented to the House, and read; praying to be heard, by their Counsel, against the Bill for making more effectual Two Acts of Parliament, for repairing the Highways to Highgate and Hampstead; and for amending other Roads in the Bill mentioned.
Bill to be read a Second Time.
Ordered, That the said Bill be read a Second Time on Monday next; and that the Petitioners may be then heard, by their Counsel, as desired; as may Counsel be heard for the Bill at the same Time.
Message from H C. to return Mrs. Bristowe's Nat. Bill.
A Message was brought from the House of Commons, by Mr. Morden and others:
To return the Bill, intituled, "An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire;" and to acquaint this House, that they have agreed to the same, without any Amendment.
Marquis Annandale's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities; affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
To carry down the said Bill, and desire their Concurrence thereunto.
Yorkshire Cloth, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled; An Act for the better regulating the Manufacture of Cloth, in the West Riding, of the County of York."
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.
Cuting Hedge near Highways, Bill:
The Lord Romney reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways," was committed: That they had considered the said Bill, and gone through the same, and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
Ld. Abereavenny's Privilege, Bridger discharged.
John Bridger, in Custody of the Serjeant at Arms, was this Day (according to Order) brought to the Bar; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor, for his Offence in cutting down Timber Trees belonging to the Lord Abergavenny, was discharged out of Custody, paying his Fees.
Message from the King, to be enabled to augment His Forces.
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 very thankfully acknowledges the Zeal and Affection which this Parliament has shewn, in the great Progress they have already made in the necessary Supplies for the Public Service.
"But, the War which has broke out in Europe still unhappily continuing, His Majesty has nothing more at Heart than to see that Flame extinguished, and to avoid, if possible, the engaging His Subjects in the Hazards and Expence of a War; being at the same Time desirous, neither to give any just Alarm to other Nations, nor to subject Himself to any unprovoked Insults.
"In this View, and to the End that His Majesty's Endeavours, in Conjunction with His Allies, for procuring an Accommodation, may, in due Time, have the desired Effect; and that His Majesty may be in a Condition to make good such Engagements as Honour, Justice, and Prudence, may call upon Him to fulfil or contract; and that His Kingdoms may not be left exposed to any desperate Attempts during such Time as it may be impossible for His Majesty to have the immediate Advice and Assistance of His Great Council, upon any Emergency arising from the present Posture of Affairs in Europe, which may nearly concern the Interest and Safety of these Kingdoms; His Majesty hopes that He shall be supported by His Parliament, in making such further Augmentation of His Forces, either by Sea or Land, as may be absolutely necessary for the Honour and Defence of His Kingdoms, and in concerting such Measures as the Exigency of Affairs may require. Whatever Augmentations shall be made, or Services performed, an Account thereof shall be laid before the next Parliament."
Ordered, That His Majesty's most Gracious Message be taken into Consideration To morrow; and the Lords to be summoned.
Stockjobbing, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent the infamous Practice of Stock-jobbing."
And, after some Time spent therein, the House was resumed.
And the Earl of Cholmondeley 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."
Murray & al. against Charteris Causes put off.
Ordered, That the Cause wherein Mr. Archibald Murray Advocate, Mr. James Baillie, James Armour, and William Robertson, are Appellants, and Francis Charteris is Respondent, which stands for an Hearing To-morrow, be put off to Monday next; and that the other Causes appointed to be heard on Cause-days be removed in Course.
Charitable Corporation, Application, Lottery Money, Bill:
Ordered, That the Bill, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery, on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned," be read a Second Time on Tuesday next.
Bull's Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to naturalize Bartold Bull."
Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)
L. President. L. Steward. D. Montagu. D. Kent. D. (fn. 2) Manchester. M. Tweeddale. E. Warwick. E. Winchilsea. E. Chesterfield. E. Shaftesbury. E. Abingdon. E. Scarbrough. E. Cholmondeley. E. Marchmont. E. Ilay. E. Strafford. E. Bristol. E. Pomfret. E. Fitzwalter. E. Effingham. Vis. Cobham. Vis. Tadcaster. |
L. Bp. London. L. Bp. Carlisle. L. Bp. Chester. L. Bp. Bangor. L. Bp. Bristol. |
L. Delawarr. L. Clinton. L. Maynard. L. Carteret. L. Foley. L. Bathurst. L. Romney. L. Hobart. L. Malton. L. Lovell. L. Hardwicke. |
Their Lordships, or any Five of them; to meet To-morrow, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Wyndham to take the Name of Ashe, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Joseph Wyndham Esquire, and his Issue Male, to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet To-morrow, at the usual Place; and to adjourn as they please.
Royston Road, Bill:
The Earl of Strafford reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual an Act passed in the 13th Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as the same relates to the amending that Part of the Road as lies between a Place called The White Post, upon Alconbury Hill, and Wandsford Bridge, in the County of Huntingdon, called The North Division," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and had gone through the Bill; and directed him to report the same to the House, without any Amendment."
Committee Plantation Affairs adjourned.
Ordered, That the Committee appointed to consider of the Representation from the Board of Trade, relating to the Laws made, Manufactures set up, and Trade carried on in His Majesty's Plantations in America, which is, by Adjournment, to meet To-morrow, do meet on Tuesday next.
Respondents to Trotter's Appeal, peremptorily to answer.
The House was informed, "That the Earl of March mont and Mr. Hogg, Respondents to the amended Appeal of Henry Trotter Esquire, had not put in their Answer, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of David Baillee Notary Public, of the due Service of the said Order, being read:
It is Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers in a Week.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 29o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Sir T. Janssen's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Strode's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Royston Highways, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for making more effectual an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon, so far as the same relates to the amending that Part of the Road as lies between a Place called The White Post, upon AlconburyHill, and Wandsford Bridge, in the said County of Huntingdon, called The North Division."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Stock-jobbing, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to prevent the infamous Practice of Stock-jobbing."
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 Four preceding Bills.
And Messages were severally ordered to be sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bills, without any Amendment.
Land Tax Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-four."
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."
Bull's Nat. Bill:
The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to naturalize Bartold Bull," was committed: "That they had examined the Allegations of the Bill, which they found to be true; and that the Committee had gone through the said Bill, and directed him to report the same to the House, without any Amendment."
The said Bill was read the Third Time.
And the Question being put, "Whether the same 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.
Cutting Hedges near Highways, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to explain and make more effectual the Laws in being to oblige the Possessors of Lands adjacent to Common Highways to cut and keep low such Hedges as are adjoining to the said Highways."
The Question was put, "Whether this Bill, with the Amendments, shall pass?"
It was Resolved in the Affirmative.
Buckley's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited."
The Question was put, "Whether this Bill, with the Amendments, 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 said Bills, with some Amendments, whereunto their Lordships desire their Concurrence.
Cochineal, &c. Importation Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for the Revival of an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also for the free Importation of Indico."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.
Accompt of the Charge of the Charitable Corporation Lottery delivered.
The House being informed, "That some of the Commissioners appointed by an Act of Parliament passed the last Session, to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, according to the Descriptions therein mentioned," attended:
They were called in; and delivered, at the Bar (pursuant to the Order of Wednesday last),
"An Accompt of what Charge has hitherto attended the Execution of the said Act; with an Estimate, as near as can be made, of what Charge may occur in the further Execution thereof."
And then they withdrew.
And the Title of the said Accompt was read.
Pet. of Anne Mead for L. Onslow to waive Privilege.
A Petition of Anne Mead, styling herself "The Right Honourable Anne Baroness Onslow," relating to a Contract of Marriage alleged to be had between the Lord Onslow and the Petitioner; and desiring Liberty, without Breach of Privilege, to have the Benefit to bring the Merits of her Case before a proper Court, was offered to the House.
After Debate;
The Question was put, "Whether the said Petition shall be now read?"
It was Resolved in the Negative.
His Majesty's Message, to be enabled to augment His Forces, considered:
The Order of the Day being read, for taking into Consideration His Majesty's most Gracious Message, delivered to this House Yesterday:
Order for an Address of Thanks.
It was moved, "To resolve, That an humble Address be presented to His Majesty, to express the dutiful and grateful Sense which this House conceives of His Royal Care and Attention for the Honour and Security of His Kingdoms: To declare their unalterable Fidelity to His Majesty, and their earnest Desire that His Endeavours for an Accommodation may be effectual; and that His Majesty may, in all Events, be in a Condition to make good such Engagements as Honour, Justice, and Prudence, may call upon Him to fulfil or contract; and that His Dominions may not be exposed to any desperate Attempts, especially at a Time when it may be impossible for the Great Council of the Nation to be immediately convened: To give His Majesty the strongest Assurances, that this House will chearfully support Him in making such further Augmentation of His Forces, either by Sea or Land, as shall be necessary for the Honour and Defence of His Kingdoms, and in concerting such Measures as the Exigency of Affairs may require: And to return His Majesty the Thanks of this House, for His gracious Declaration, that an Account of any Augmentations made, and Services performed, shall be laid before the next Parliament; this House reposing an entire Confidence in His Majesty's Royal Wisdom, and Paternal Concern for the true Interests of His People."
Which being objected to; and long Debate thereupon:
The Question was put, "Whether such an Address shall be presented to His Majesty?"
It was Resolved in the Affirmative.
Protests against it.
"Dissentient.
"Because we are of Opinion, that no free People should, on any Occasion whatever, vest in any Person an unlimited Power for an indefinite Time; and whenever they do, they at the same Time resign their Liberty.
"Abingdon.
Aylesford.
Chesterfield.
Bristol.
Boyle.
Thanet.
Shaftesbury.
Foley.
Northampton.
Bedford.
Montjoy.
Montrose.
Willoughby de Broke.
Cobham.
Marchmont.
Litchfield.
Bathurst.
Carteret.
Strafford.
Graham.
Weymouth.
Burlington.
Ker.
Stair.
Berkshire.
Cardigan.
Coventry.
Gower.
Winchilsea & Nottingham.
Tweeddale.
Craven.
Clinton.
Oxford & Mortimer."
"Dissentient.
"1st, Because we conceive an Address of this Kind, empowering the Crown to raise Men and Money without specifying the Number or the Sum, is unwarranted by any Precedent, and is of the most dangerous Consequence; for it seems to us totally to subvert the very Foundation of our Constitution: The Wisdom of our Ancestors having provided many regular Steps, and solemn Forms, for granting Supplies to the Crown; whereas this new Method, of a sudden Address upon a Message, at once frustrates and eludes all those wise and ancient Precautions.
"2dly, Because the History of several Countries, formerly free, furnishes us with many fatal Examples of the Abuse of such unlimited Powers, whenever the Estates of those Countries have transferred the Legislative Authority of raising Money from themselves, by an ill-placed Confidence, into the Hands of a few. The Cortes of Spain, by trusting the Power of raising Money, without their being assembled, though but for One Year; and the Estates of France, by allowing the Aids for the Defence of that Kingdom to be raised for Three or Four Years together, without their being summoned to meet; have never been able to retrieve their ancient Liberties and Constitution; but, by their weak Compliance with such a fatal Measure, were the unhappy Instruments of rendering themselves useless; and of enslaving their respective Countries.
"3dly, Because, though we have all possible Confidence in His Majesty's Wisdom and Justice, and all imaginable Zeal for the Honour and Support of His Person and Government, we cannot approve of a Message, which, we are persuaded, was both formed and advised by the same Ministers in whom those extensive and discretionary Powers are lodged by this Address: And we see no Reason, from any Experience of their past Œconomy, to trust them with the arbitrary Disposal of an unlimited Sum; and as little Reason, from the Success of their former Alliances, to give any Approbation to past Treaties which have never been communicated to this House, or a previous Sanction of any future Treaties they shall contract; especially since, by the Multiplicty of Negotiations, they have involved the Nation in Engagements with divers Foreign Powers, inconsistent (as we conceive) with one another; and, in so great a Variety, we can by no Means be sure that the best will be singled out to be fulfilled.
"4thly, Because the present unfortunate Situation of the Affairs of Europe cannot be represented as unforeseen or unexpected; since, from the gradual Progress of our Negotiations for some Years last past, the gradual Increase of the Disorders and Confusion in Europe has constantly been foretold: We therefore conceive that, had there not been some secret Reason for proceeding in this Manner, which Reason we will rather pass over in Silence than attempt to point out, the necessary Demands of Men and Money would have been laid before the Parliament at the Beginning of the Session, according to the ancient and regular Usage; and which would as certainly have been granted, by a Parliament which has distinguished itself by a remarkable Zeal, Duty, and Liberality, to the Throne.
"5thly, We cannot think it prudent, in order to extricate ourselves out of our present Difficulties, to lodge these unlimited and (as we apprehend) dangerous Powers in the Hands of those very Persons under whose Management and Conduct these Difficulties have been brought upon us: If (as we conceive) the National Debts are hardly lessened by more than Twenty Years Peace; if our successive Fleets have proved a Terror to no Nation, but only a Burthen to our own; if our great Armies have disturbed the Minds of none but His Majesty's own Subjects; this extensive Power of raising Money, Fleets, and Armies, seems to us improperly entrusted in the Hands of those Ministers who have made no better Use of the Confidence already reposed in them.
"6thly, We would, with the utmost Zeal, concur in whatever might increase to His Majesty the Affections of His People at Home, or the Respect of His Neighbours Abroad. But this Zeal without Knowledge, we think, can tend to neither of those desirable Ends; but, on the contrary, rather bring Contempt, as we apprehend, upon the too easy and implicit Faith of Parliaments, than add Weight and Dignity to those Powers we lodge, without any visible Reason, in the Hands of the Ministers.
"Boyle.
Gower.
Graham.
Litchfield.
Foley.
Wínchilsea & Nottingham.
Bristol.
Stair.
Tweeddale.
Shaftesbury.
Bedford.
Bathurst.
Clinton.
Berkshire.
Northampton.
Chesterfield.
Thanet.
Aylesford.
Cobham.
Craven.
Montrose.
Oxford & Mortimer.
Marchmont.
Strafford.
Carteret.
Montjoy.
Willoughby de Broke.
Ker.
Coventry.
Cardigan.
Weymouth."
The Lords following were appointed a Committee, to prepare an Address, pursuant to the said Resolution; and report to the House; (videlicet,)
Ld. President. Ld. Chamberlain. D. Newcastle. E. Scarbrough. E. Ilay. |
Ld. Harrington. L. Delawarr. L. Hervey. L. Hardwicke. |
Their Lordships, or any Five of them; to meet presently, in the Prince's Lodgings near the House of Peers; 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.
And the Duke of Newcastle reported from the said Committee, "That they had drawn an Address, pursuant to the said Resolution, as follows:
Address reported.
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to express the grateful Sense we have of Your Majesty's Royal Care and Attention for the Honour and Security of these Kingdoms.
"We think it our Duty, upon this Occasion, to assure Your Majesty of our unalterable Fidelity to Your Royal Person; and of our earnest Desire that Your Endeavours for an Accommodation between the Powers of Europe that are now at War may be effectual; and that Your Majesty may, in all Events, be in a Condition to make good such Engagements as Honour, Justice, and Prudence, may call upon You to fulfil or contract; and that Your Majesty's Dominions may not be exposed to any desperate Attempts, especially at a Time when it may be impossible for the Great Council of the Nation to be immediately convened.
"We most humbly assure Your Majesty, that we will chearfully support You in making such further Augmentation of Your Forces, either by Sea or Land, as shall be necessary for the Honour and Defence of Your Majesty's Kingdoms, and in concerting such Measures as the Exigency of Affairs may require: And we return Your Majesty our most dutiful Thanks, for Your gracious Declaration, "That an Account of any Augmentations made, and Services performed, shall be laid before the next Parliament;" always reposing an entire Confidence in Your Majesty's Royal Wisdom, and Paternal Concern for the true Interests of Your People."
Which Address, being read by the Clerk, was agreed to.
Ordered, That the whole House do attend His Majesty, with the said Address.
Lords to know when His Majesty will be attended.
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.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Sabbati, 30o Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Hoggan against Wardlaw & al.
The Answer of William Wardlaw and others, to the Appeal of John Hoggan, was brought in.
His Majesty to be attended with the Address.
The Lord Delawarr acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know His Majesty's Pleasure, when He will be attended by this House, with their Address; and that His Majesty had been pleased to appoint this Day, at Two a Clock, at His Palace of St. James's."
Evelyn's Bill.
The Lord Abergavenny reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose," 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.
Land Tax Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyfour."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:
To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.
Minutes of the Cause between the City of London and Perkins & al. to be brought.
Ordered, That the Deputy Remembrancer of the Court of Exchequer do attend this House, at the Hearing of the Cause wherein the Mayor, Commonalty, and Citizens, of the City of London, are Appellants, and Thomas Perkins and others Respondents, with the Minute Book of the said Court, wherein the Minutes taken at the Hearing of the said Cause are entered.
Garden to enter into Recognizance for Price:
The House being moved, "That Robert Garden, of The Middle Temple, London, Gentleman, may be permitted to enter into a Recognizance for Cromwell Hamilton Price Esquire, on account of his Appeal depending in this House; he being in Scotland:"
It is Ordered, That the said Robert Garden may enter into a Recognizance for the said Appellant, as desired.
Ross for Eastoun and others.
The like Motion and Order, for Mr. Alexander Ross to enter into a Recognizance for Robert Eastoun and others, on account of their Appeal; for a Reason of the same Nature.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ Primum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.