House of Lords Journal Volume 29: May 1758

May 1758

DIE Lunæ, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Return to Address relating to the Militia, delivered.

The House being informed, "That Mr. Blair, from the Council-office, attended:"

He was called in; and delivered, at the Bar,

"Return from the Council-office, pursuant to an Address of the Right Honourable the House of Lords to His Majesty, dated the 26th of last Month, for an Account to be laid before that House, of the several Returns therein mentioned, which have been made to His Majesty, in Pursuance of an Act passed the last Session of Parliament, intituled, "An Act for the better Ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England."

And the Title thereof being read by the Clerk:

Ordered, That the said Return do lie upon the Table.

Commissioners for putting in Execution certain Acts, First Meetings of, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing a further Time for holding the First Meetings of Commissioners, or Trustees, for putting in Execution certain Acts made in the last Session of Parliament."

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

It was Resolved in the Affirmative.

Leeds to Sheffield, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing the Road from Leeds to Sheffield, in 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 the Two preceding Bill:

A Message was sent to the House of Commons, by Mr. Montague and Mr. Lane:

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

Constables Westminster, Bill.

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

With a Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twentyninth Year of the Reign of His present Majesty, intituled, An Act for appointing a sufficient Number of Constables, for the Service of the City and Liberty of Westminster; and to compel proper Persons to take upon them the Office of Jurymen, to present Nuisances and other Offences within the said City and Liberty;" to which they desire the Concurrence of this House.

Annexed forfeited Estates in Scotland, Bill.

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

With a Bill, intituled, "An Act to enforce and render more effectual an Act made in the 25th Year of His present Majesty's Reign, intituled, An Act for annexing certain forfeited Estates in Scotland to the Crown unalienably, and for making Satisfaction to the lawful Creditors thereupon; and to establish a Method of managing the same, and applying the Rents and Profits thereof for the better civilizing and improving The Highlands of Scotland, and preventing Disorders there for the future;" to which they desire the Concurrence of this House.

Tetbury, Frocester Hill, &c. Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from Tetbury to the Gates on the West of Simon's Hall Down, and from the Turnpike Gate at the Top of Frocester Hill to the Turnpike Road from Cirencester towards Bath, and from the Field called Bouldown Sleight to the End of a Lane adjoining to the Road from Horsley to Tetbury near Tillup's Inn, and from the Market House in Tetbury to the Turnpike Road on Minchin Hampton Common, and from the said Road in Minchin Hampton Field unto the Turnpike Road from Cirencester to Stroud near Burnt Ash, and from the said Turnpike Road to Tay loes Mill Pond in Chalford Bottom, and through Hyde to the Bottom of The Bourn Hill, in the County of Gloucester;" to which they desire the Concurrence of this House.

Hareby Common, Enclosure, Bill.

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

With a Bill, intituled, "An Act for dividing and enclosing the Common, Open, and Arable Fields, and Common Meadows, in the Manor and Parish of Hareby, in the County of Lincoln;" to which they desire the Concurrence of this House.

The said Four Bills were read the First Time.

Chatteris Fen, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for draining and preserving certain Fen Lands, Low Grounds, and Commons, in the Parishes of Chatteris and Doddington, in the Isle of Ely and County of Cambridge."

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.

Little Sheffield to Buxton, Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Little Sheffield in the County of York, through the Towns of Hathersage, Hope, and Castleton, to Sparrowpit Gate in the County of Derby, and from the Guide Post near Barber's Fields Cupola, through Grindleford Bridge, Great Hucklow, Tidswell, Hardgate Wall, and Fairfield, to Buxton in the County of Derby."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Shrewsbury Road, Bill.

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

With a Bill, intituled, "An Act for widening and repairing several Roads leading from the Welch Gate and Cotton Hill, in the Town of Shrewsbury, in the County of Salop;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Fonblanque & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Anthony Fonblanque and Nicholas Baptist Aubert;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Cricklade Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Road from Cirencester in the County of Gloucester, to Cricklade in the County of Wilts."

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

Helmdon Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Ground, and Waste Ground, in the Manor and Parish of Helmdon, in the County of Northampton."

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 Tuesday the 9th Day of this Instant May, at the usual Time and Place; and to adjourn as they please.

D'Abbadie, Leave for a Nat. Bill:

Upon reading the Petition of John Baptist D'Abbadie; praying, "That Leave may be given to bring in a Bill for his Naturalization:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Bill read.

Accordingly, the Lord Sandys presented a Bill, intituled, "An Act for naturalizing John Baptist D'Abbadie."

The said Bill was read the First Time.

Lady Ferrers's Separation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had made a further Progress in the Bill; and desired another Time may be appointed, for the Committee to proceed further therein."

Ordered, That the House be put into a Committee again, to consider further of the said Bill, To-morrow; and the Lords to be summoned.

Militia Act to explain, Bill.

Whereas To morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act to explain, amend, and enforce, an Act made in the last Session of Parliament, intituled, An Act for the better Ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England:"

It is Ordered, That the House be put into a Committee upon the said Bill, on Monday next; and the Lords to be summoned.

Woodford Common Bill; King's Consent signified.

The Duke of Newcastle acquainted the House, "That His Majesty, having been informed of the Contents of the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Woodford, otherwise Halse Woodford, in the County of Northampton," was pleased to consent (as far as the Interest of the Crown is concerned) that their Lordships may proceed therein as they shall think fit."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Woodford Common Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Woodford, otherwise Halse Woodford, in the County of Northampton."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

D'Abbadie's Nat. Bill:

John Baptist D'Abbadie took the Oaths appointed, in order to his Naturalization,

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist D'Abbadie."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

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

Constables Westminster, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twenty-ninth Year of the Reign of His present Majesty, intituled, An Act for appointing a sufficient Number of Constables, for the Service of the City and Liberty of Westm'r; and to compel proper Persons to take upon them the Office of Jurymen, to present Nuisances and other Offences within the said City and Liberty."

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

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Shrewsbury Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for widening and repairing several Roads leading from the Welch Gate and Cotton Hill, in the Town of Shrewsbury, in the County of Salop."

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

Annexed forfeited Estates in Scotland, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enforce and render more effectual an Act made in the Twenty-fifth Year of the Reign of His present Majesty, intituled, An Act for annexing certain forfeited Estates in Scotland to the Crown unalienably, and for making Satisfaction to the lawful Creditors thereupon; and to establish a Method of managing the same, and applying the Rents and Profits thereof for the better civilizing and improving The Highlands of Scotland, and preventing Disorders there for the future."

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Hareby Common, Enclosure, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common, Open, and Arable Fields, and Common Meadows, in the Manor and Parish of Hareby, in the County of Northampton."

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

Lady Ferrers's Separation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee, to consider further of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had made a further Progress in the Bill; and desired another Time may be appointed, for the Committee to proceed again thereupon."

Ordered, That the House be put into a Committee again, to consider further of the said Bill, To-morrow; and the Lords to be summoned.

Habeas Corpus more speedy Remedy, Bill.

Whereas Thursday next is appointed, for the Second Reading of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject, upon the Writ of Habeas Corpus;" and for all the Judges to attend:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned; and that the Judges do then attend.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bedford Level, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for draining and preserving certain Fen Lands and Low Grounds, in the Isle of Ely and County of Cambridge, between the Cam otherwise Grant, Ouse, and Mildenhall Rivers, and bounded on the South East by the Hard Lands of Isleham, Fordham, Soham, and Wicken; and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, called Bedford Level, to sell certain Lands within the said Limits, commonly called Invested Lands," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Powney's Bill.

The Lord Romney reported from the Lords Committees to whom the Bill, intituled, "An Act to vest Part of the settled Estate of Penyston Powney Esquire, deceased, in Trustees, to be sold; and to lay out the Money arising from the Sale thereof in Real Estates, to be settled to the same Uses," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; 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.

Northleigh Common, Bill.

The Lord Viscount Say and Sele reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open and Com mon Fields called Northleigh Common Fields, and a Common or Waste called Northleigh Heath, within the Parish or Township of Northleigh, in the County of Oxford," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Little Sheffield to Buxton Road Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from Little Sheffield in the County of York, through the Towns of (fn. 1) Hathersage, Hope, and Castleton, to Sparrowpit Gate in the County of Derby, and from the Guide Post near Barber's Fields Cupola, through Grindleford Bridge, Great Hucklow, Tidswell, Hardgate Wall, and Fairfield, to Buxton in the County of Derby," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

D'Abbadie's Nat. Bill.

The Earl of Marchmont also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Baptist D'Abbadie," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Gloucester and Bristol Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Terms and Powers of Two Acts of Parliament; one, passed in the Nineteenth Year of the Reign of His present Majesty, intituled, "An Act for enlarging the Terms and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned, and for making the said Act more effectual;" and the other, passed in the Twenty-second Year of the Reign of His present Majesty, intituled, "An Act for continuing Two Acts of Parliament, one passed in the Thirteenth Year of the Reign of His late Majesty King George the First, for amending the several Roads leading from the City of Bristol; and the other, passed in the Fourth Year of the Reign of His present Majesty, to explain and amend the same Act, and for making the said Acts more effectual; and also for repairing other Roads therein mentioned, and for making all the said Acts more effectual; and for repairing, widening, and keeping in Repair, several other Roads."

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. Elde and Mr. Burroughs:

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

Home against Gowdie.

A Petition of John Gowdie, Respondent in a Cause depending in this House, wherein Henry Home of Kaims Esquire and others are Appellants, was presented, and read; setting forth, "That, on the 14th of February last, this Cause was set down to be heard in Course after those then appointed; and the Parties, having no Reason to doubt of its being determined this Session, engaged Two Counsel to come from Scotland to argue the same, as the Question entirely concerned the Law of Scotland;" and praying, "In regard his Counsel cannot attend when the Cause will come on of Course to be heard in the next Session of Parliament, that their Lordships will be pleased to appoint a short Day for hearing thereof in this Session."

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

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the First Thursday after the approaching Recess.

Bread, Price and Assize of, Bill.

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

With a Bill, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread, in that Part of Great Britain called England;" to which they desire the Concurrence of this House.

Message from H. C. to return the Madder, Cultivation, Bill.

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

To return the Bill, intituled, "An Act to encourage the Growth and Cultivation of Madder, in that Part of Great Britain called England, by ascertaining the Tithe thereof there;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Lady Ferrers's Senaration, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee to consider further of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

After some Time, the House was resumed.

And the Lord Willoughby of Parham reported from the Committee, "That they had made a further Progress in the Bill; and desired that another Time may be appointed, for the Committee to proceed further thereupon."

Constables Westminster, Bill:

Ordered, That the House be put into a Committee, again, to consider further of the said Bill, To-morrow; and the Lords to be summoned.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twenty-ninth Year of the Reign of His present Majesty, intituled, An Act for appointing a sufficient Number of Constables, for the Service of the City and Liberty of Westm'r; and to compel proper Persons to take upon them the Office of Jurymen, to present Nuisances and other Offences within the said City and Liberty."

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to enforce and render more effectual an Act made in the Twenty-fifth Year of His present Majesty's Reign, intituled, "An Act for annexing certain forfeited Estates in Scotland to the Crown unalienably, and for making Satisfaction to the lawful Creditors thereupon, and to establish a Method of managing the same; and applying the Rents and Profits thereof for the better civilizing and improving The Highlands of Scotland, and preventing Disorders there for the future:"

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Boddington Common Enclosure, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Heaths, and Waste Ground, of Upper Boddington and Lower Boddington, within the Parish of Upper Boddington, in the County of Northampton; and for settling a Rate, or certain Annual Sum of Money, to be paid in Lieu of the Tithes of certain old Enclosures within the said Parish," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Old Stratford Road, Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual Four several Acts of Parliament, made in the Sixth Year of the Reign of Her late Majesty Queen Anne, the Eleventh Year of the Reign of His late Majesty King George the First, and in the Tenth and Thirteenth Years of the Reign of His present Majesty, respectively, for repairing the Highways from Old Stratford in the County of Northampton, to Dunchurch in the County of Warwick," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Upton Common Enclosure Bill.

The Earl of Findlater likewise reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, in the Hamlet, Township, or Village, of Upton, in the Parish of Blewbury, in the County of Berks," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and had made Two Amendments thereto."

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

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

London Bridge, Bill.

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

With a Bill, intituled, "An Act for applying a Sum of Money, granted in this Session of Parliament, for re-building London Bridge; and for rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act to improve, widen, and enlarge, the Passage over and through London Bridge;" to which they desire the Concurrence of this House.

Constables, Westminster, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain, amend, and render more effectual, An Act passed in the Twenty-ninth Year of the Reign of His present Majesty, intituled, An Act for appointing a sufficient Number of Constables, for the Service of the City and Liberty of Westminster; and to compel proper Persons to take upon them the Office of Jurymen, to present Nuisances and other Offences within the said City and Liberty."

After some Time, the House was resumed.

And the Earl of Cholmondeley reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Annexed forfeited Estates in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to enforce and render more effectual an Act made in the Twenty-fifth Year of His present Majesty's Reign, intituled, An Act for annexing certain forfeited Estates in Scotland to the Crown unalienably, and for making Satisfaction to the lawful Creditors thereupon; and to establish a Method of managing the same, and applying the Rents and Profits thereof for the better civilizing and improving The Highlands of Scotland, and preventing Disorders there for the future."

After some Time, the House was resumed.

And the Earl of Findlater reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Powney's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to vest Part of the settled Estate of Penyston Powney Esquire, deceased, in Trustees, to be sold; and to lay out the Money arising from the Sale thereof in Real Estates, to be settled to the same Uses."

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

It was Resolved in the Affirmative.

D'Abbadie's Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist D'Abbadie."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Lane and Mr. Waple:

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

Ly. Ferrer's Separation, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee to consider further of the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

After some Time, the House was resumed.

And the Earl of Shaftesbury reported from the Committee, "That they had heard Counsel for the Bill, as also Counsel for Earl Ferrers against the Bill, and for the several Petitioners upon the Petitions which had been referred to the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto, which he was directed to report, when the House will please to receive the same."

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

Goostrey to produce a Deed of Earl Ferrers's.

Ordered, at the Desire of Earl Ferrers, That Mr. Thomas Goostrey do, by himself or some Person on his Behalf, produce, at the Bar of this House, on Monday next, a Settlement executed by Earl Ferrers, in or about the Year 1749, of his Estate in the County of Northampton, in case the same is in his Custody or Power.

His Majesty's Advocate against D. Gordon & al:

Upon reading the Petition of His Majesty's Advocate for Scotland, Appellant in a Cause depending in this House, wherein the Duke of Gordon and others are Respondents; praying, "In regard the Subject-matter of the said Appeal is under Accommodation, that the Hearing of the said Cause may be put off till the next Session of Parliament; the Agent for the Respondents having signed the said Petition, as consenting thereto:"

Hearing put off till next Session.

It is Ordered, That the Hearing of the said Cause be put off till the next Session of Parliament, desired.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Constables, Westminster, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain, amend, and render more effectual, an Act passed in the Twenty-ninth Year of the Reign of His present Majesty, intituled, An Act for appointing a sufficient Number of Constables, for the Service of the City and Liberty of Westminster; and to compel proper Persons to take upon them the Office of Jurymen, to present Nuisances and other Offences within the said City and Liberty."

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

It was Resolved in the Affirmative.

Annexed forfeited Estates in Scotland, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enforce and render more effectual an Act made in the Twenty-fifth Year of His present Majesty's Reign, intituled, An Act for annexing certain forfeited Estates in Scotland to the Crown unalienably, and for making Satisfaction to the lawful Creditors thereupon; and to establish a Method of managing the same, and applying the Rents and Profits thereof for the better civilizing and improving The Highlands of Scotland, and preventing Disorders there for the future."

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

It was Resolved in the Affirmative.

Bedford Level, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for draining and preserving certain Fen Lands and Low Grounds, in the Isle of Ely and County of Cambridge, between The Cam otherwise Grant, Ouse, and Mildenhall Rivers, and bounded on the South-East by the Hard Lands of Isleham, Fordham, Soham, and Wicken, and for empowering the Governor, Bailiffs, and Commonalty, of the Company of Conservators of the Great Level of the Fens, called Bedford Level, to sell certain Lands within the said Limits, commonly called Invested Lands."

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

It was Resolved in the Affirmative.

Old Stratford Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual Four several Acts of Parliament, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, the Eleventh Year of the Reign of His late Majesty King George the First, and in the Tenth and Thirteenth Years of the Reign of His present Majesty, respectively, for repairing the Highways from Old Stratford in the County of Northampton, to Dunchurch in the County of Warwick."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

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

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

Brixton Hundred, Recovery of small Debts in, Bill.

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

With a Bill, intituled, "An Act for the more easy and speedy Recovery of small Debts, within the Western Division of the Hundred of Brixton, in the County of Surrey," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return E. Verney's Bill.

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

To return the Bill, intituled, "An Act for selling divers Lands and Tenements, and Shares of Lands and Tenements, in London, Middlesex, and Surrey, of and belonging to Ralph Earl of Verney in the Kingdom of Ireland, Mary Countess of Verney, and Dame Henrietta Maria Clayton, respectively, and for laying out the Money arising by such Sale in purchasing other Lands and Hereditaments, to be settled in Lieu thereof;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Abp. Canterbury takes the Oaths.

This Day Thomas Lord Archbishop of Canterbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Northleigh Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields called Northleigh Common Fields, and a Common or Waste called Northleigh Heath, within the Parish or Township of Northleigh, in the County of Oxford."

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

It was Resolved in the Affirmative.

Little Sheffield to Buxton, Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Little Sheffield in the County of York, through the Towns of Hathersage, Hope, and Castleton, to Sparrowpit Gate in the County of Derby, and from the Guide Post near Barber's Fields Cupola, through Grindleford Bridge, Great Hucklow, Tidswell, Hardgate Wall, and Fairfield, to Buxton in the County of Derby."

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

It was Resolved in the Affirmative.

Boddington Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, Heaths, and Waste Ground, of Upper Boddington and Lower Boddington, within the Parish of Upper Boddington, in the County of Northampton; and for settling a Rate, or certain Annual Sum of Money, to be paid in Lieu of the Tithes of certain Old Enclosures within the said Parish."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

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

Cricklade Road, Bill.

The Lord Walpole reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Road from Cirencester in the County of Gloucester, to Cricklade in the County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Upton Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing certain Open and Common Fields, in the Hamlet, Township, or Village, of Upton, in the Parish of Blewbury, in the County of Berks."

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 thereto.

Bread, Price and Assize of, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread, in that Part of Great Britain called England."

London Bridge, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for applying a Sum of Money granted in this Session of Parliament for re-building London Bridge; and for rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act to improve, widen, and enlarge, the Passage over and through London Bridge."

Irish Cattle, Importation of, Bill.

The Order of the Day being read, for the 2d Reading of the Bill, intituled, "An Act to permit the free Importation of Cattle from Ireland, for a limited Time:"

The said Bill was accordingly read a 2d Time.

And it being moved, "To commit the Bill:"

After Debate;

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

Ordered, That the House be put into a Committee on the said Bill, on this Day Two Months.

Irish Tallow, Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act to discontinue, for a limited Time, the Duties payable upon Tallow imported from Ireland," which is appointed for Monday next, be put off till this Day Two Months.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, octavum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Woodford Common Enclosure, Bill.

The Lord Viscount Say and Sele reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Woodford [ (fn. 2) otherwise Halse Woodford], in the County of Northampton," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Shrewsbury Roads, Bill

The Lord Walpole reported from the Lords Committees to whom the Bill, intituled, "An Act for widening and repairing several Roads leading from The Welch Gate and Cotton Hill, in the Town of Shrewsbury in the County of Salop," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Cricklade Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Cirencester in the County of Gloucester, to Cricklade in the County of Wilts."

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. Bennet and Mr. Elde:

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

Overseers of the Poor, Bill.

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

With a Bill, intituled, "An Act for the more effectual compelling Overseers of the Poor, or other Persons authorized to take Care of the Poor, to obey Orders made by the Justices of the Peace, for the speedy Relief of impotent and necessitous Poor; and to explain the Law with regard to the Power of Justices of the Peace to order Relief on sudden and emergent Occasions;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Christian Malford Bridge Road, Bill.

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

With a Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Roads leading from Christian Malford Bridge in the County of Wilts, to Shillingford Gate in the County of Berks, and also from Swyndon to Lyddenton Wall in the said County of Wilts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Knight, Leave for a Nat. Bill:

Upon reading the Petition of John Knight; praying, "That Leave may be given to bring in a Bill for his Naturalization:"

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Whereupon the Earl of Findlater presented a Bill, intituled, "An Act for naturalizing John Knight."

Bill read.

The said Bill was read the First Time.

Ld. R. Manners & al. against Moore & al.

Upon reading the Petition and Appeal of the Honourable Robert Manners, commonly called Lord Robert Manners and Mary his Wife, Sir Cecil Bishop Baronet, and Hutchinson Mure Esquire; complaining of a Decree of the Court of Chancery in Ireland, pronounced the 14th Day of December 1757, but not made up, signed, and entered, till the 5th Day of April last; and praying, That the same may be reversed, set aside, varied, or altered; and that Stephen Moore Esquire, and Alice Moore otherwise Colvill his Wife, Alexander Stewart Esquire, Samuel Bruce, Daniel M^cNeal, and Hamilton M^cClure Executor of Robert Donaldson Gentleman, may be required to answer the said Appeal; and that this House will grant the Appellants such further Relief in the Premises as the Nature and Circumstances of their Case may require:"

It is Ordered, That the said Stephen Moore and Alice his Wife, Alexander Stewart, Samuel Bruce, Daniel M^cNeal, and Hamilton M^cClure, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 12th Day of June next; and Service of this Order upon their respective Clerks in Court, in the said Court of Chancery in Ireland, shall be deemed good Service.

No more Causes than One to be heard this Session.

Ordered, That this House will hear no more Causes this Session of Parliament, except that wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent, which stands appointed to be heard on the First Thursday after the approaching Recess.

Ly. Ferrers's Separation, Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the whole House to the Bill, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

The said Amendments were read by the Clerk.

And the said Amendments to the Amendment Clause (A), added by the Committee, being read a 2d Time, were severally agreed to by the House.

Then Clause (A), being read a 2d Time, an Amendment was proposed after the Word ["Premises"], to leave out the Words ["now due"]; and instead thereof to insert ["from Lady-day last"].

Which being objected to:

After short Debate;

The said Clause was agreed to, without any Amendment.

Then the Remainder of the said Amendments, being read a 2d Time, were severally agreed to by the House.

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

Militia Act to explain, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to explain, amend, and enforce, an Act made in the last Session of Parliament, intituled, An Act for the better Ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England:"

Ordered, That the House be put into a Committee on the said Bill, on the First Friday after the approaching Recess; and the Lords to be summoned.

Hareby Common Enclosure, Bill.

The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Common, Open, and Arable Fields and Common Meadows, in the Manor and Parish of Hareby, in the County of Lincoln," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Enrolment of Deeds, &c. by Papists, Bill.

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

With a Bill, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Oyster Fishery in the River Colne, Bill.

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

With a Bill, intituled, "An Act for regulating, governing, preserving, and improving, the Oyster Fishery in the River Colne and Waters thereto belonging;" to which they desire the Concurrence of this House.

Bishop's Waltham Road, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from the Town of Bishop's Waltham in the County of Southampton, over the Top of the Down called Stephen's Castle Down, and through Salt Lane and Tichborne to the Town of New Alresford, and from the Market-house in the said Town of New Alresford, through Old Alresford, Bradley Lane, and over Herriard Common, to the Town of Odiham in the said County;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

London Bridge, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for applying a Sum of Money granted in this Session of Parliament, for re-building London Bridge; and for rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act to improve, widen, and enlarge, the Passage over and through London Bridge."

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

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Helmdon Common Enclosure, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Ground, and Waste Ground, in the Manor and Parish of Helmdon, in the County of Northampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Woodford Common Enclosure, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, in the Manor and Lordship of Woodford, otherwise Halse Woodford, in the County of Northampton."

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

It was Resolved in the Affirmative.

Hareby Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common, Open, and Arable Fields, and Common Meadows, in the Manor and Parish of Hareby in the County of Lincoln."

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

It was Resolved in the Affirmative.

Shrewsbury Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for widening and repairing several Roads leading from The Welch Gate and Cotton Hill, in the Town of (fn. 3) Shrewsbury, in the County of Salop."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills.

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

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

Bishop's Waltham Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Bishop's Waltham in the County of Southampton, over the Top of the Down called Stephen's Castle Down, and through Salt Lane and Tichborne, to the Town of New Alresford, and from the Market-house in the said Town of New Alresford, through Old Alresford, Bradley Lane, and over Herriard Common, to the Town of Odiham in the said County."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Oyster Fishery in the River Colne, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for regulating, governing, preserving, and improving the Oyster Fishery in the River Colne and Waters thereto belonging."

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

Habeas Corpus, more speedy Remedy by, Bill:

The Order of the Day being read, for the 2d Reading of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus;" and for the Judges to attend:

The said Bill was accordingly read a 2d Time.

And some Questions being proposed to be put to the Judges:

Entries in the Journal of this House, of the 9th of April 1628, and 27th of February and 13th of March 1704, were read.

After Debate;

It was agreed, "That the Judges be directed to deliver their Opinions upon the following Questions:

Questions to the Judges.

"1. Whether, in Cases not within the Act 31^o Car. 2^di, Cap. 2. Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought to issue of Course, or upon probable Cause, verified by Affidavit?"

"2. Whether, in Cases not within the said Act, such Writs of Habeas Corpus, by the Law as it now stands, may issue in the Vacation by Fiat from a Judge of the Court of King's Bench, returnable before himself?"

"3. What Effect will the several Provisions proposed by this Bill, as to the awarding, returning, and proceeding upon Returins to such Writs of Habeas Corpus, have in Practice? and how will the same operate to the Benefit or Prejudice of the Subject?"

"4. Whether, at the Common Law, and before the Statute of Habeas Corpus in the 31st of King Charles the 2d, any and which of the Judges could regularly issue a Writ of Habeas Corpus ad Subjiciendum in Time of Vacation, in all or in what Cases particularly?"

"5. Whether the Judges at the Common Law, and before the said Statute, were bound to issue such Writ of Habeas Corpus ad Subjiciendum in Time of Vacation, upon the Demand of any Person under any Restraint? or might they refuse to award such Writ, if they thought proper?"

"6. Whether the Judges, at the Common Law, and before the said Statute, were bound to make such Writs so issued in Time of Vacation returnable immediatè? and could they enforce Obedience to such Writ issued in Time of Vacation, if the Party served therewith should neglect or refuse to obey the same, and by what Means?"

"7. Whether, if a Judge, before the said Statute, should have refused to grant the said Writ upon the Demand of any Person under any Restraint, had the Subject any Remedy at Law, by Action or otherwise, against the Judge, for such Refusal?"

"8. Whether, in Case a Writ of Habeas Corpus ad Subjiciendum at the Common Law be directed to any Person, returnable immediatè, such Person may not stand out an Alias and Pluries Habeas Corpus, before due Obedience thereto can be regularly enforced by the Course of the Common Law?"

"9. Whether the said Statute of the 31st of King Charles the 2d, and the several Provisions therein made for the immediate awarding and returning the Writ of Habeas Corpus, extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority, or to any Cases of Imprisonment, Detainer, or Restraint whatsoever, except Cases of Commitment or Detainer for criminal, or supposed criminal Matters?"

"10. Whether, in all Cases whatsoever, the Judges are so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them, although it should appear most manifestly to the Judges, by the clearest and most undoubted Proof, that such Return is false in Fact, and that the Person so brought up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice?"

And thereupon the Lord Chief Justice of the Court of Common Pleas, having conferred with the rest of the Judges present, desired that some Time might be allowed them to consider the said Questions; and represented, "That, from the necessary Business of some of the Judges, they could not possibly consider the said Questions so as to be able to deliver their Opinions thereupon in this Week."

Ordered, That the further Consideration of the said Bill be adjourned till the First Thursday after the approaching Recess; and that the Judges do then attend, to deliver their Opinions seriatim, with their Reasons, upon the said Questions.

Bp. of St. David's to preach the 29th Instant.

Ordered, That the Lord Bishop of St. Davids be, and be is hereby, desired to preach before this House, in the Abbey Church, Westm'r, on Monday the 29th Day of this Instant May, being appointed, by Act of Parliament, to be observed as a Day of publick Thanksgiving for the Restitution of King Charles the 2d and the Royal Family, and the Restoration of the Government.

Home & al. against Gowdie.

Ordered, That the Hearing of the Cause wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent, which is appointed for the First Thursday after the Recess, be put off to the next Day.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ly. Ferrers's Separation, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for separating Lawrence Earl Ferrers from Mary Countess Ferrers his Wife, for the Cruelty of the said Earl; and for settling a Maintenance for the said Countess, out of the Estate of the said Earl."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Gwynne's Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estates of Marmaduke Gwynne Esquire, in the County of Pembroke, to discharge Encumbrances affecting the same; and for other Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their consents, to the Satisfaction of the Committee; 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.

Helmdon Common Enclosure; Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for dividing and enclosing the Common, Open, and Arable Fields, Common Meadows, Common Ground, and Waste Ground, in the Manor and Parish of Helmdon, in the County of Northampton."

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.

Bread, Price and Assize of, Bill.

Ordered, That the Bill, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread, in that Part of Great Britain called England," be printed.

Yarmouth, small Debts, Bill.

A Message was brought from the House of Commons, by Sir Edward Walpole and others:

With a Bill, intituled, "An Act for the more easy and speedy Recovery of small Debts, within the Borough of Great Yarmouth, and the Liberties thereof;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the D. of Queensberry's Bill.

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

To return the Bill, intituled, "An Act for confirming a Contract of Lease of Mines between Charles Duke of Queensberry and Dover of the one Part, and Ronald Crawfurd, James Crawfurd, and Daniel Telfer of the other Part; and for enabling the said Duke and his Heirs of Entail to grant Leases in Terms of the said Contract;" and to acquaint this House that they have agreed to the same, without any Amendment.

Deeds to be delivered to Earl Ferrers's Agent.

Ordered, That the Two Deeds produced by Earl Ferrers's Agent, one bearing Date on or about the 24th Day of October 1741, and the other bearing Date on or about the 16th Day of April 1753, which were lest with the Clerk pursuant to an Order of this House of the 7th of April last, be delivered back by the said Clerk to the said Agent who produced the same.

London Bridge, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for applying a Sum of Money, granted in this Session of Parliament, for re-building London Bridge; and for rendering more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act to improve, widen, and enlarge, the Passage over and through London Bridge."

After some Time, the House was resumed.

And the Earl of Marchmont reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, vicesimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 23^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gwynne's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estates of Marmaduke Gwynne Esquire, in the County of Pembroke, to discharge Encumbrances affecting the same; and for 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 Mr. Montague and Mr. Lane:

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

London Bridge, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for applying a Sum of Money, granted in this Session of Parliament, for re-building London Bridge; and for rendering more effectual an Act passed in the Twentyninth Year of His present Majesty's Reign, intituled, An Act to improve, widen, and enlarge, the passage over and through London Bridge."

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 same Messengers:

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

Knight's Naturalization Bill.

John Knight took the Oaths appointed, in order to his Naturalization.

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

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Oyster Fishery in the River Colne, Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for regulating, governing, preserving, and improving, the Oyster Fishery in the River Colne, and Waters thereto belonging," stands committed, be revived; and meet on Friday next.

Corn Market, Westminster, Bill.

A Message was brought from the House of Commons, by Major General Cornwallis and others:

With a Bill, intituled, "An Act for establishing a free Market for the Sale of Corn and Grain, within the City or Liberty of Westminster;" to which they desire the Concurrence of this House.

Westbury Roads, Bill.

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

With a Bill, intituled, "An Act for amending the Road leading from Pengate in the Parish of Westbury in the County of Wilts, to Latchet's Bridge near the East End of Market Lavington; and also the Road leading from Market Lavington Down to the Turnpike Road near Dewey's Water, and also the Road leading from Bolesborough to Studley Lane End, and also the Road leading from Yarnbrooke to the Turnpike Road at Melksham in the said County of Wilts;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Yarmouth Small Debts, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Borough of Great Yarmouth and the Liberties thereof."

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

Stockbridge and other Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from the Town of Stockbridge in the County of Southampton, to the City of Winchester, and from the said City, through Bellmour Lane, to the Top of Steven's Castle Down near the Town of Bishop's Waltham in the said County, and from the said City of Winchester, through Otterborne, to Bar Gate in the Town and County of the Town of Southampton;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Overseers of the Poor, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more effectual compelling Overseers of the Poor, or other Persons authorized to take Care of the Poor, to obey Orders made by the Justices of the Peace, for the speedy Relief of impotent and necessitous Poor; and to explain the Law with regard to the Power of Justices of the Peace to order Relief on sudden and emergent Occasions."

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

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

Christian Malford Bridge, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Roads leading from Christian Malford Bridge in the County of Wilts, to Shillingford Gate in the County of Berks, and also from Swindon to Lyddenton Wall in the said County of Wilts."

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

Bread, Price and Assize of, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread, in that Part of Great Britain called England."

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

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

Enrolment of Deeds by Papists, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers."

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

Ordered, That the House be put into a Committee on the said Bill, To-morrow.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 24^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Bishop's Waltham Road, Bill.

The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from the Town of Bishop's Waltham in the County of Southampton, over the Top of the Down called Stephen's Castle Down, and through Salt Lane and Tichborne, to the Town of New Alresford, and from the Market House in the said Town of New Alresford, through Old Alresford, Bradley Lanc, and over Herriard Common, to the Town of Odiham in the said County," was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Wilnecote Common Enclosure, Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing certain Common Fields, within the Manor of Wilnecote, in the County of Warwick; and also for erecting and working one or more Fire Engine or Fire Engines, for the more effectual draining the Coal Mines in the said Manor," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Knight's Nat. Bill.

The Earl of Findlater also reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Knight," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Westbury, Lavington, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for amending the Road leading from Pengate in the Parish of Westbury in the County of Wilts, to Latchet's Bridge near the East End of Market Lavington, and also the Road leading from Market Lavington Down to the Turnpike Road near Dewey's Water, and also the Road leading from Bolesborough to Studley Lane End, and also the Road leading from Yarnbrooke to the Turnpike Road at Melksham in the said County of Wilts."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Stockbridge to Winchester, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Stockbridge in the County of Southampton, to the City of Winchester, and from the said City, through Bellmour Lane, to the Top of Steven's Castle Down near the Town of Bishop's Waltham in the said County, and from the said City of Winchester, through Otterborne, to Bar Gate, in the Town and County of the Town of Southampton."

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

Brixton Hundred Small Debts, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Western Division of the Hundred of Brixton, in the County of Surry,"

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

Home & al. against Gowdie.

Ordered, That the Hearing of the Cause wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent, which is appointed to be heard on Friday, be put off to Tuesday next.

Edithweston Common Enclosure, Bill.

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

With a Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, for dividing and enclosing the Open Common Fields, in the Parish of Edithweston, in the County of Rutland;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Enrolment of Deeds, &c. by Papists, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers."

After some Time, the House was resumed.

And the Earl of Marchmont reported from the Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 25^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Yarmouth Small Debts, Bill.

The Earl of Scarbrough reported from the Lords Committees to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Borough of Great Yarmouth, and the Liberties thereof," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Christian Malford Bridge Road, Bill.

The Earl of Scarbrough also reported from the Lords Committees to whom the Bill, intituled, "An Act for amending, widening, and keeping in Repair, the Roads leading from Christian Malford Bridge in the County of Wilts, to Shilling ford Gate in the County of Berks; and also from Swindon to Lyddenton Wall, in the said County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Knight's Nat. Bill:

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

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. Montague and Mr. Waple:

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

Wilnecore Common Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, for dividing and enclosing certain Common Fields, within the Manor of Wilnccote, in the County of Warwick; and also for erecting and working one or more Fire Engine or Fire Engines, for the more essectual draining the Coal Mines in the said Manor."

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

It was Resolved in the Affirmative.

Bishop's Waltham Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Bishop's Waltham in the County of Southampton, over the Top of the Down called Stephen's Castle Down and through Salt Lane and Titchborne, to the Town of New Alresford, and from the Market House in the said Town of New Alresford, through Old Alresford, Bradley Lane, and over Herriard Common, to the Town of Odiham 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 the Two preceding Bills.

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

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

River Calder, Bill.

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

With a Bill, intituled, "An Act for extending the Navigation of the River Calder, to, or near to, Sowerby Bridge, in the Parish of Halifax; and for making navigable the River Hebble, Halig, or Halifax Brook, from Brooksmouth to Salter Hebble Bridge, in the County of York;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return D Abbadie's Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing John Baptist D'Abbadie;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Chawton and Gosport Roads, Bill.

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

With a Bill, intituled, "An Act for repairing and widening the Roads from Chawton Pond in the Parish of Chawton in the County of Southampton, through Rumsdean Bottom, Westmeon, Warnford, Exton, Bishop's Waltham, and over Sherrill Heath, and through Wickham and Fareham, to the Town of Gosport, and from Exton aforesaid, through Droxford, to the East End of Sherrill Heath in the said County;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Enrolment of Deeds, &c. by Papists, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing further Time for the Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers."

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.

Edithweston Common Enclosure Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, for dividing and enclosing the Open Common Fields, in the Parish of Edithweston, in the County of Rutland."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Habeas Corpus more speedy Remedy, Bill:

The Order of the Day being read, for resuming the adjourned Consideration of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus;" and for the Judges to attend, to deliver their Opinions Seriatim, with their Reasons, upon the several Questions put to them on the 9th Instant, upon the Second Reading of the said Bill:

Judges Opinions, except upon One Question, which is waived by the House.

The Lord Keeper informed the House, "That the Judges desired that the Lord Chief Justice of the Court of Common Pleas might be heard, to submit a Matter to the Consideration of the House, before they proceeded to deliver their Opinions upon the said Questions."

Whereupon the Lord Chief Justice Willes acquainted the House, "That the Judges were prepared to give their Opinions upon Nine of the Ten Questions which were put to them; but hoped they should be excused answering to the 3d Question, for Reasons which he suggested to the House."

And thereupon the 3d Question was waived, by Acquiescence of the House.

Mr. Justice Noel.

Then Mr. Justice Noel was heard, upon the said several Questions, except the 3d, which was waived by the House. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act 31^o Car. 2^di, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. and 4. Upon the 2d and 4th Questions, delivered his Opinion, "That, at the Common Law, before the Statute 31^o Car. 2^di, no Judge could regularly issue a Writ of Habeas Corpus ad Subjiciendum in Vacation; but, by the Law as it now stands, upon the Practice of the Court of King's Bench ever since the said Statute, such Writs may issue in the Vacation by a Fiat from a Judge of the Court of King's Bench; returnable before himself, in Cases not within the said Act."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to issue such Writs of Habeas Corpus ad Subjiciendum in Vacation, upon the Demand of any Person under Restraint; and might resuse to award such Writ, if they thought proper, in the Time of Vacation."

6. Upon the 6th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to make such Writs, so issued in Vacation, returnable immediate; and they could not enforce Obedience to such Writ issued in the Vacation, if the Party served therewith should neglect or resuse to obey the same."

7. Upon the 7th Question, delivered his Opinion, "That, if a Judge, before the said Statute, should have refused to grant the said Writ upon the Demand of any Person under any Restraint, the Subject had not any Remedy at Law, by Action or otherwise, against the Judge, for such Refusal."

8. Upon the 8th Question, delivered his Opinion, "That, in case a Writ of Habeas Corpus at the Common Law had been directed to any Person returnable immediatè, the Court always granted an Alias and Pluries Habeas Corpus before due Obedience could be enforced; but, since the Statute 31^o Car. 2^di, the Alias and Pluries have been omitted."

9. Upon the 9th Question, delivered his Opinion, "That the Statute 31^o Car. 2^di, and the Provisions therein made, for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority, nor to any Cases of Imprisonment, Detainer, or Restraint, except Cases of Commitment for Criminal or supposed Criminal Matter."

10. Upon the 10th Question, delivered his Opinion, "That the Judges are not in all Cases whatsoever so bound by the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought before them, if it should appear most manifestly to the Judges, by the clearest and most undoubted Proof; that such Return is false in Fact, and that the Person so brough up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice."

With his Reasons.

Mr. Justice Wilmot.

Then Mr. Justice Wilmot was heard upon the said several Questions, except the 3d, which was waived. And,

1. Upon the 1st Question, delivered his Opinion, That, in Cases not within the Act 31^o Car. 2^di, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, That, in Cases not within the Act 31^o Car. 2^di, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, may issue in the Vacation by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, That, after the Restoration, and before the Statute 31^o Car. 2^di, the Chief Justice and other Judges of the Court of King's Bench did in Fact issue Writs of Habeas Corpus ad Subjiciendum, in Time of Vacation, in Criminal Cases; and thinks such Practices was legal, and warranted by the same Principles which now support the Practice of issuing Writs in Vacation in all Cases which are not within the 31 Car. 2. but thinks there was no settled regular Practice of issuing Writs of Habeas Corpus ad Subjiciendum in Vacation, in any Case before the Statute 31 Car. 2. at the Instance of a Person under Restraint."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, That the Judges, at the Common Law, and before the said Statute, were not, nor are now, bound to issue such Writs of Habeas Corpus in Time of Vacation, upon the Demand of any Person under Restraint; and, if they thought proper, might, and now may, refuse to issue such Writs upon the Demand of any Person under Restraint; for he thinks a Copy of the Commitment must be produced, or there must be some Case made, before the Judges are, or ever were, bound to grant such Writs at the Instance of a Person under Restraint."

6. Upon the 6th Question, delivered his Opinion, That the Judges, at the Common Law, and before the said Statute, were not bound to make Writs of Habeas Corpus ad Subjiciendum issued in Vacation Time returnable immediatè; and thinks the Judges, in Time of Vacation, cannot enforce Obedience to any Writs of Habeas Corpus issued in Time of Vacation, whether they issue in Cases within the 31 Car. 2. or in Cases out of that Act, if the Party served therewith should neglect or refuse to obey the same by any Means whatsoever."

7. Upon the 7th Question, delivered his Opinion, That, if a Judge, before the said Statute, should have refused to grant the said Writ upon the Demand of any Person under Restraint, the Subject had no Remedy at Law, by Action or otherwise, against the Judge, for such Refusal."

8. Upon the 8th Question, delivered his Opinion, That, in case a Writ of Habeas Corpus ad Subjiciendum at the Common Law, and before the Statute, had been directed to any Person, returnable immediatè, such Person might have stood out an Alias and Pluries Habeas Corpus, before due Obedience thereto could have been regularly enforced by the Course of the Common Law; but the Method of proceeding by Alias and Pluries in Cases out of the Act of 31 Car. 2. has been long gone into Disuse; and, in case a Writ of Habeas Corpus ad Subjiciendum at the Common Law be now directed to any Person, returnable immediatè, he is of Opinion, that the Court would enforce Obedience to such Writ by Attachment."

9. Upon the 9th Question, delivered his Opinion, That the said Statute of the 31st of King Charles the Second, and the several Provisions therein made for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint, whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, That, in no Cases whatsoever, the Judges are so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them, if it should appear most manifestly to the Judges, by the clearest and most undoubted Proof, that such Return is false in Fact; and that the Person so brought up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice; but by the clearest and most undoubted Proof he means the Verdict of a Jury, or Judgement on Demurrer, or otherwise, in an Action for a false Return: And, in case the Facts averred in the Return to a Writ of Habeas Corpus are sufficient in Point of Law to justify the Restraint, he is of Opinion, that the Court, or Judge, before whom such Writ is returnable, cannot try the Facts averred in such Return by Affidavits in any Proceeding grafted upon the Return to the Writ of Habeas Corpus."

With his Reasons.

Then, it being moved to adjourn;

Ordered, That the further Consideration of the said Bill, and hearing the Opinions of the rest of the Judges upon the said Questions, be adjourned till Tomorrow; and the Lords to be summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum sextum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 26^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Standing Orders for clearing the House of Strangers, read.

The House being moved, "That the Standing Orders of this House, of the 5th of April 1707, and 25th of January 1720, relating to the clearing the House of all Persons who have no Right to be in the House when sitting," might be read:

The same were read accordingly.

Brixton Hundred Small Debts, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Western Division of the Hundred of Brixton, in the County of Surrey," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Stockbridge Road, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for repairing and widening the Roads from the Town of Stockbridge in the County of Southampton; to the City of Winchester, and from the said City, through Bellmour Lane, to the Top of Steven's Castle Down, near the Town of Bishop's Waltham in the said County, and from the said City of Winchester, through Otterborne, to Bar Gate, in the Town and County of the Town of Southampton," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Oyster Fishery in the River Colne, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, "An Act for regulating, governing, preserving, and improving, the Oyster Fishery in the River Colne and Waters thereto belonging," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Cirencester Roads, to reduce the Tolls, Bill.

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

With a Bill, intituled, "An Act to enable the Trusttees appointed to put in Execution an Act passed in this Session of Parliament, intituled, An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Term and Powers granted by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End to Saint John's Bridge, in the County of Gloucester, as directs that the Inhabitants of the several Parishes and Hamlets therein named shall pass Toll-free; and for repairing the Street from the High Cross in Cirencester to the Town's End there; and for other Purposes therein mentioned; and for enlarging the Terms and Powers, granted by the said Two former Acts, to reduce all or any of the Tolls granted by the said Act; and for appointing additional Trustees for putting the said Acts in Execution;" to which they desire the Concurrence of this House.

Habeas Corpus, more speedy Remedy by, Bill:

The Order of the Day being read, for resuming the adjourned Consideration of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus;" and for the rest of the Judges to deliver their Opinions, upon the several Questions put to them upon the 2d Reading of the said Bill, except the 3d Question, which was waived by the House:

Mr. Justice Bathurst.

Mr. Justice Bathurst was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, That, in Cases not within the Words of the Act of the 31st of King Charles the 2d, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. & 4. Upon the 2d and 4th Questions, delivered his Opinion, "That, at Common Law, and before the Statute 31^o Car. 2. no Judge could regularly issue a Writ of Habeas Corpus ad Subjiciendum, returnable before himself, in Time of Vacation, for the Purpose of bailing or discharging; but, by the Law as it now stands, such Writ may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, That no Judge, at the Common Law, and before the said Statute, was bound to issue such Writ of Habeas Corpus ad Subjiciendum in Time of Vacation, upon the Demand of any Person under a Restraint; and the Judges might refuse to award such Writ, if they thought proper."

6. Upon the 6th Question, delivered his Opinion, That the Judges, by the Common Law, and before the Statute, were not bound to make such Writ so issued in Time of Vacation returnable immediatè; and they could not enforce Obedience to such Writ issued in Time of Vacation, if the Party served therewith refused to obey the same."

7. Upon the 7th Question, delivered his Opinion, That the Subject had not any Remedy, by Law or otherwise, against a Judge, for what he did in his Judicial Capacity before the Statute 31 Car. 2.

8. Upon the 8th Question delivered his Opinion, That, at Common Law, the Court always granted an Alias and Pluries Habeas Corpus before they enforced Obedience by Attachment or otherwise; but since the Statute of the 31st Car. 2. the Practice has been in that respect altered."

9. Upon the 9th Question, delivered his Opinion, That the Words of the Statute 31. Car. 2. and of the several Provisions therein made, for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint, whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matter; but, in Favour of Liberty, the Judges of the Court of King's Bench have, in Conformity to the Statute, extended the same Relief to all Cases."

10. Upon the 10th Question, delivered his Opinion, That the Judges are not in all Cases so bound by the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought before them, in case it manifestly appears to them that such Return is false, and that the Person is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice."

With his Reasons.

Mr. Baron Adams.

Then Mr. Baron Adams was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinon, That, in Cases not within the Act 31^o Car. 2^di Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion; That, in Cases not within the said Act, by the Law as it now stands, such Writs may issue, in Time of Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, said, "That it appears to him, that, at the Common Law, before the Restoration, the Judges did not issue such Writs of Habeas Corpus at the Prayer of the Subject in Time of Vacation, but that it began first to be put in Practice about that Time; yet he cannot say they could not have done it before, as the same Authority which warranted their doing it then would have warranted it before, had it been thought necessary or expedient."

5. Upon the 5th Question, delivered his Opinion, That the Judges, at the Common Law, and before the said Statute, while no such Practice was as yet settled and established by Usage, were not bound to issue such Writs of Habeas Corpus in Time of Vacation; but apprehends, that the Judges of the King's Bench, upon a Case properly laid before them, are bound at this Day, the Practice standing confirmed and established by so long an Usage, to issue such Writ in the Vacation in Cases not within the said Statute."

With his Reasons.

6. Upon the 6th Question, delivered his Opinion, That as at the Common Law, and before the said Statute, the Judges were not bound to issue such Writ of Habeas Corpus in the Vacation; so they were not bound to make it returnable immediatè, nor had any Means of enforcing Obedience to it."

7. Upon the 7th Question, delivered his Opinion, That if a Judge, before the said Statute, had refused to grant a Writ of Habeas Corpus, the Subject had no Remedy against the Judge for such Refusal."

8. Upon the 8th Question, delivered his Opinion, That in no Case a single Judge could do more than grant an Alias or Pluries Habeas Corpus; but, as to Writs issued by the Court, the Court have of late Years adopted a Practice of granting an Attachment, to enforce Obedience to the First Writ."

9. Upon the 9th Question, delivered his Opinion, That the said Statute of the 31st of King Charles the 2d, and the several Provisions therein, do not extend to any Cases of Imprisonment or Restraint whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That, if an Action was brought for a false Return made to an Habeas Corpus, and therein the Return should be falsified by Judgement upon Verdict, Demurrer, or otherwise, the Judges might thereupon issue an Alias Habeas Corpus, and upon that discharge the Party; but that, in all Cases whatsoever, when the Matter comes before the Court, singly upon the Return made to the Habeas Corpus, if that Return contains a sufficient and justifiable Cause of Restraint, the Judges must determine upon the Cause as it there appears, and cannot hear any Proof in Contradiction to it; but are so bound by the Facts set forth therein, that though they be false in Fact, and the Party in Truth restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice, they cannot discharge him, but he is driven to his Action."

With his Reasons.

Mr. Baron Smythe.

Then Mr. Baron Smythe was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act 31 Car. 2^di. Cap. 2. Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, "That, in Cases not within the said Act, such Writs of Habeas Corpus, by the Law as it now stands, may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, "That, at the Common Law, and before the said Statute of the 31st of King Charles the 2d, the Judges of the Court of King's Bench could issue such Writs of Habeas Corpus in Time of Vacation, where a probable Cause was shewn that the Person was unjustly imprisoned, or bailable."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That, at the Common Law, and before the said Statute, the Judges of the Court of King's Bench were bound to issue such Writs of Habeas Corpus in Time of Vacation, if a probable Cause was shewn, but not without."

6. Upon the 6th Question, delivered his Opinion, "That the Judges at the Common Law, and before the said Statute, were not bound to make such Writs, so issued in Time of Vacation, returnable immediatè, but ought to make them returnable before themselves, or in Court, as would best answer the Purposes of Justice. They could not in Vacation-time enforce Obedience to such Writ; but, if the Party served therewith should neglect or refuse to obey the same, the Court of King's Bench, in the next Term, could enforce Obedience to such Writ, by Attachment."

7. Upon the 7th Question, delivered his Opinion, "That a Judge, before the said Statute, for his Refusal to grant a Writ of Habeas Corpus, where he ought to have granted it, would have been liable to Punishment, in the same Manner as for any other Breach of his Duty."

8. Upon the 8th Question, delivered his Opinion, "That, in case such Writ of Habeas Corpus, at the Common Law, be directed to any Person returnable immediatè, such Person may stand out an Alias and Pluries, if the Party suing out the Writ chuses to sue out an Alias and Pluries Habeas Corpus; but the Court will grant an Attachment for the First Disobedience, without putting the Party to his Alias and Pluries."

9. Upon the 9th Question, delivered his Opinion, "That the said Statute of the 31st of King Charles the 2d, and the several Provisions therein, do not extend to any Cases of Imprisonment, Detainer, or Restraint whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That the Judges are so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot enter into Proof by Affidavits to controvert the Return, the Facts set forth in the Return can be controverted or contradicted only by the Verdict of a Jury."

With his Reasons.

Then it being moved, "To adjourn the further Consideration of the said Bill till Tuesday next:"

Ordered, That the further Consideration of the said Bill, and hearing the Opinions of the rest of the Judges upon the said Questions, be adjourned till Tuesday next; and the Lords to be summoned; and that the Judges do then attend.

Militia Act, to explain, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act to explain, amend, and enforce, an Act made in the last Session of Parliament, intituled, An Act for the better Ordering of the Militia Forces, in the several Counties of that Part of Great Britain called England:"

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight; and the Lords to be summoned.

Overseers of the Poor, Bill:

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for the more effectual compelling Overseers of the Poor, or other Persons authorized to take Care of the Poor, to obey Orders made by the Justices of the Peace for the speedy Relief of impotent and necessitous Poor; and to explain the Law with regard to the Power of Justices of the Peace, to order Relief on sudden and emergent Occasions:"

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight.

Bread, Price and Assize of, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for the due making of Bread, and to regulate the Price and Assize thereof; and to punish Persons who shall adulterate Meal, Flour, or Bread, in that Part of Great Britain called England:"

Ordered, That the House be put into a Committee upon the said Bill, on this Day Sevennight.

Causes put off.

Ordered, That the Cause wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent, which stands appointed for Tuesday, be put off to Wednesday next.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum nonum instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 29^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to solemnize this Day; being, by Act of Parliament, appointed to be observed as a Day of Publick Thanksgiving, for the Restitution of King Charles the Second and Royal Family, and the Restoration of the Government;

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 30^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Audley takes his Seat.

This Day James Lord Audley sat first in Parliament after the Death of his Grandfather James Lord Audley; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Thanks to the Bishop of St. Davids, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St. Davids, for the Sermon by him preached before this House Yesterday, in the Abbey Church, Westm'r; and he is hereby desired to cause the same to be forthwith printed and published.

Westbury to Lavington, &c. Roads, Bill.

The Earl of Litchfield reported from the Lords Committees to whom the Bill, intituled, "An Act for amending the Road leading from Pengate in the Parish of Westbury in the County of Wilts, to Latchet's Bridge near the East End of Market Lavington, and also the Road leading from Market Lavington Down to the Turnpike Road near Dewey's Water, and also the Road leading from Bolesborough to Studley Lane End, and also the Road leading from Yarnbrook to the Turnpike Road at Melksham in the said County of Wilts," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Tetbury, Forcester Hill, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Tetbury to the Gates on the West of Simond's Hall Down, and from the Turnpike Gate at the Top of Frocester Hill to the Turnpike Road from Cirencester towards Bath, and from the Field called Bouldown Sleight to the End of a Lane adjoining to a Road from Horsley to Tetbury near Tiltup's Inn, and from the Market House in Tetbury to the Turnpike Road on Minchin Hampton Common, and from the said Road in Minchin Hampton Field unto the Turnpike Road from Cirencester to Stroud near Burnt Ash, and from the said Turnpike Road to Tayloe's Mill Pond in Chalford Bottom, and through Hyde to the Bottom of The Bourn Hill in the County of Gloucester."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Friday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

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

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

To return the Bill, intituled, "An Act to vest Part of the settled Estate of Penyston Powney Esquire, deceased, in Trustees, to be sold; and to lay out the Money arising from the Sale thereof in Real Estates, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Upon Common Enclosure Bill.

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

To return the Bill, intituled, "An Act for dividing and enclosing certain Open and Common Fields, in the Hamlet, Township, or Village, of Upton, in the Parish of Blewbury, in the County of Wilts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

E. Westmorland, Leave to go to the House of Commons.

The House being moved, "That the Earl of Westmorland might have Leave to go to the House of Commons, as a Witness, in relation to a Bill now depending in that House:"

It is Ordered, That the said Earl may go to the House of Commons, if he thinks fit.

Duty upon Offices, &c. Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions by Annuities and a Lottery, to be charged on the said Duties;" to which they desire the Concurrence of this House.

Militia, to desray the Charge of, Bill.

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

With a Bill, intituled, "An Act for applying the Money granted by Parliament towards defraying the Charge of Pay and Cloathing for the Militia, for the Year One Thousand Seven Hundred and Fifty-eight; and for defraying the Expenses incurred on account of the Militia, in the Year One Thousand Seven Hundred and Fifty-seven;" to which they desire the Concurrence of this House.

Beef, &c. Importation of from Ireland, Bill.

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

With a Bill, intituled, "An Act to permit the Importation of Salted Beef, Pork, and Butter, from Ireland, for a limited Time;" to which they desire the Concurrence of this House.

Kirkcaldy, Duty on Beer, Bill.

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

With a Bill, intituled, "An Act to continue and render more effectual an Act made in the Fifteenth Year of His present Majesty's Reign, intituled, An Act for laying a Duty of Two Pennies Scots, or one Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kirkcaldy and Liberties thereof;" to which they desire the Concurrence of this House.

Enclosing Commons for planting Timber Trees, Bill.

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

With a Bill, intituled, "An Act to amend and render more effectual an Act passed in the Twenty-ninth Year of His Majesty's Reign, intituled, An Act for enclosing, by the mutual Consent of the Lords and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood; and for more effectually preventing the unlawful Destruction of Trees;" to which they desire the Concurrence of this House.

Habeas Corpus, more speedy Remedy by, Bill.

The Order of the Day being read, for resuming the adjourned Consideration of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject, upon the Writ of Habeas Corpus;" and for the rest of the Judges to deliver their Opinions upon the several Questions put to them upon the Second Reading of the said Bill, except the Third Question, which was waived by the House:

Mr. Baron Legge.

Mr. Baron Legge was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act 31^o Car. 2^di, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, "That, in Cases not within the said Act, such Writs of Habeas Corpus, by the Law as it now stands, may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, "That, at the Common Law, and before the Statute of Habeas Corpus in the 31st of King Charles the Second, no Judge could regularly issue a Writ of Habeas Corpus ad Subjiciendum, in Time of Vacation, in any Case."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to issue such Writ of Habeas Corpus ad Subjiciendum, in Time of Vacation, upon the Demand of any Person under Restraint; but might refuse to award such Writ, if they thought proper."

6. Upon the 6th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to make such Writs, issued in Time of Vacation, returnable immediatè, and could not enforce Obedience to such Writ issued in Time of Vacation, if the Party served therewith should neglect or refuse to obey the same, by any Means."

7. Upon the 7th Question, delivered his Opinion, "That if a Judge, before the said Statute, should have refused to grant the said Writ upon the Demand of any Person under any Restraint, the Subject had not any Remedy at Law, by Action or otherwise, against the Judge for such Refusal."

8. Upon the 8th Question, delivered his Opinion, "That in case a Writ of Habeas Corpus ad Subjiciendum, at the Common Law, had been directed to any Person, returnable immediatè, such Person might have stood out an Alias and Pluries Habeas Corpus, before due Obedience thereto could have been regularly enforced by the Course of the Common Law; but, as the Law now stands, the Practice has long prevailed, for the Court of King's Bench to enforce the First Habeas Corpus by an Attachment."

9. Upon the 9th Question, delivered his Opinion, "That the said Statute of the 31st of King Charles the Second, and the several Provisions therein made for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That the Judges are not in all Cases whatsoever so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them, although it should appear most manifestly to the Judges, by the clearest and most undoubted Proof that such Return is false in Fact; and that the Person so brought up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice."

With his Reasons.

Mr. Justice Clive.

Then Mr. Justice Clive was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act of 31 Car. 2. Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. and 4. Upon the 2d and 4th Questions, delivered his Opinion, "That, at the Cammon Law, and before the Statute 31 Car. 2. no Judge could regularly issue a Writ of Habeas Corpus ad Subjiciendum in Time of Vacation; but, by the Law as it now stands, such Writs may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That no Judge by the Common Law, and before the said Statute, was bound to issue such Writs of Habeas Corpus ad Subjiciendum in Time of Vacation, upon the Demand of any Person under Restraint, and the Judges might refuse to award such Writ."

6. Upon the 6th Question, delivered his Opinion, "That the Judges, by the Common Law, and before the said Statute, were not bound to make such Writs so issued in Time of Vacation, returnable immediatè, and they could not enforce Obedience to such Writ, issued in Time of Vacation, if the Party served therewith refused to obey the same."

7. Upon the 7th Question, delivered his Opinion, "That the Subject had not any Remedy, by Law or otherwise, against a Judge, for what he did in his Judicial Capacity, before the said Statute 31 Car. 2^d."

8. Upon the 8th Question, delivered his Opinion, "That, at Common Law, the Court always granted an Alias and Pluries Habeas Corpus before they enforced Obedience by Attachment."

9. Upon the 9th Question, delivered his Opinion, "That the Words of the Statute of the 31 Car. 2. and of the several Provisions therein made, for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint, whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That the Judges are not in all Cases so bound by the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought before them, in case it manifestly appears to them that such Return is false, and that the Person is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice."

With his Reasons.

Mr. Justice Denison.

Then Mr. Justice Denison was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act of the 31st of King Charles the 2d, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, "That, in Cases not within the said Act, such Writs of Habeas Corpus, by the Law as it now stands, may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, "That, before the Statute of the 31st of King Charles the 2d, the Judges of the Court of King's Bench, by Usage, might issue a Writ of Habeas Corpus ad Subjiciendum in Time of Vacation."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That the Judges of the Court of King's Bench might issue such Writs in Time of Vacation, upon probable Cause proved by Affidavits; but the Usage was not certainly established."

6. Upon the 6th Question, delivered his Opinion, "That the Judges of the Court of King's Bench, before the said Statute, might make such Writs returnable either immediatè, or in the subsequent Term; but could not enforce Obedience to such Writ issued in the Vacation; but it might be done in the subsequent Term."

7. Upon the 7th Question, delivered his Opinion, "That if a Judge, before the Statute, should have refused to grant the said Writ upon Demand, no Action would lie against him."

8. Upon the 8th Question, delivered his Opinion, "That, before the said Statute, the Party might stand out an Alias and Pluries; but, since the said Statute, the Course hath been to grant an Attachment without any Alias or Pluries."

9. Upon the 9th Question, delivered his Opinion, "That the said Statute of the 31st of King Charles the 2d, and the several Provisions therein made, for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That, in all Cases whatsoever, where the Return consists of Facts justifying the taking and detaining by Law, the Judges are so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them upon Affidavits to be read in that Proceeding, contradicting the Facts contained in the Return; but, if it should appear most manifestly to the Court, by the clearest and most undoubted Proof, either in Action or in some collateral Proceeding, that such Return is false in Fact, and that the Person so brought up is restrained of his Liberty by unwarrantable Means and in direct Violation of Law and Justice, the Prisoner may be discharged."

With his Reasons.

Lord Chief Baron Parker.

Then the Lord Chief Baron Parker was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act of the 31st of King Charles the 2d, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, "That, in Cases not within the Act of the 31st of King Charles the 2d, Writs of Habeas Corpus ad Subjiciendum, by the Law as it not stands, may issue in Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, "That, before the Statute of the 31st of King Charles the 2d, some of the Judges of the King's Bench did, in Fact, issue Writs of Habeas Corpus ad Subjiciendum, in Time of Vacation; but it does not appear to his Satisfaction, that there was any certain settled Practice for issuing Writs of Habeas Corpus ad Subjiciendum in Vacation, before the Statute of the 31st of King Charles the 2d, upon the Application of a Person under Restraint; but it has been shewn that, in Two Instances before the said Statute, the Court disapproved of such Practice; and he is therefore inclined to think, that the Judges of the Court of King's Bench could not, before the said Statute, regularly issue a Writ of Habeas Corpus ad Subjiciendum, for the Purpose of discharging or bailing any Person so under Restraint as aforesaid, though he cannot positively say that they could not do so."

5. Upon the 5th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to issue such Writ of Habeas Corpus ad Subjiciendum in Time of Va cation upon the Demand of any Person under Restraint, but might refuse to award such Writ, if a proper Foundation was not laid for it by Affidavit."

6. Upon the 6th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to make Writs of Habeas Corpus ad Subjiciendum, issued in Vacation, returnable immediatè; nor could they in Time of Vacation enforce Obedience to such Writ issued in Time of Vacation, if the Party served therewith should neglect or refuse to obey the same, by any Means whatsoever."

7. Upon the 7th Question, delivered his Opinion, "That if a Judge, before the said Statute, should have refused to grant the said Writ, upon the Demand of any Person under any Restraint, the Subject had not any Remedy at Law, by Action or otherwise, against the Judge, for such Refusal."

8. Upon the 8th Question, delivered his Opinion, "That, in case a Writ of Habeas Corpus ad Subjiciendum, at the Common Law, and before the said Statute had been directed to any Person returnable immediatè, such Person might have stood out an Alias and Pluries Habeas Corpus before due Obedience thereto could have been regularly enforced by the Course of the Common Law; but the Method of proceeding by Alias and Pluries Habeas Corpus, in Cases out of the said Statute, has been long discontinued; and, in case a Writ of Habeas Corpus ad Subjiciendum at the Common Law be now directed to any Person returnable immediatè, he thinks that the Court would enforce Obedience to such Writ by Attachment."

9. Upon the 9th Question, delivered his Opinion, "That the said Statute of the 31st of King Charles the Second, and the several Provisions therein made for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; or to any Cases of Imprisonment, Detainer, or Restraint whatsoever, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That in no Case whatsoever the Judges are so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them, if it should appear most manifestly to the Judges, by the clearest and most undoubted Proof, that such Return is false in Fact, and that the Person so brought up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice; but, by the clearest and most undoubted Proof, he understands the Verdict of a Jury, or Judgement on Demurrer, or otherwise, in an Action for a false Return; and, in case the Facts returned to a Writ of Habeas Corpus shew a sufficient Ground in Point of Law for such Restraint; he is of Opinion, that the Court, or Judge, before whom such Writ is returnable, cannot try the Facts contained in such Return by Affidavits."

With his Reasons.

Lord Chief Justice Willes.

Then the Lord Chief Justice Willes was heard, upon the said Questions. And,

1. Upon the 1st Question, delivered his Opinion, "That, in Cases not within the Act 31^o Car. 2^di, Writs of Habeas Corpus ad Subjiciendum, by the Law as it now stands, ought not to issue of Course, but upon probable Cause verified by Affidavit."

And gave his Reasons.

2. Upon the 2d Question, delivered his Opinion, "That, in Cases not within the said Act, such Writs of Habeas Corpus, by the Law as it now stands, may issue in the Vacation, by Fiat from a Judge of the Court of King's Bench, returnable before himself."

4. Upon the 4th Question, delivered his Opinion, "That, at the Common Law, and before the Statute of the 31st of King Charles the 2d, none of the Judges could regularly issue an Habeas Corpus ad Subjiciendum in Time of Vacation, in any Case whatsoever."

With his Reasons.

5. Upon the 5th Question, delivered his Opinion, "That the Judges, at the Common Law, and before the said Statute, were not bound to issue such Writs of Habeas Corpus ad Subjiciendum, in Time of Vacation, upon the Demand of any Person under Restraint; but that they might refuse to award such Writ, if they thought proper."

6. Upon the 6th Question, delivered his Opinion, "That the Judges, at the Common Law, before the said Statute, were not bound to make such Writs, so issued in Time of Vacation, returnable immediatè; and that they could not enforce Obedience to such Writs issued in Time of Vacation, if the Party served therewith should neglect or refuse to obey the same, by any Means whatsoever, before the next Term."

7. Upon the 7th Question, delivered his Opinion, "That if a Judge, before the said Statute, should have refused to grant the said Writ upon the Demand of any Person under any Restraint, the Subject had not any Remedy at Law, by Action or otherwise, against the Judge, for such Refusal."

8. Upon the 8th Question, delivered his Opinion, "That, in case a Habeas Corpus ad Subjiciendum, at the Common Law, had been directed to any Person returnable immediatè, such Person might stand out an Alias and Pluries Habeas Corpus, before due Obedience thereto could be regularly enforced by the Course of the Common Law."

9. Upon the 9th Question, delivered his Opinion, "That the Words of the Statute of the 31st Car. 2. and the several Provisions therein made for the immediate awarding and returning the Writ of Habeas Corpus, do not extend to the Case of any Man compelled against his Will, in Time of Peace, either into the Land or Sea Service, without any Colour of legal Authority; nor to any Cases of Imprisonment, Detainer, or Restraint, except Cases of Commitment for Criminal or supposed Criminal Matters."

10. Upon the 10th Question, delivered his Opinion, "That the Judges are not in all Cases whatsoever so bound by the Facts set forth in the Return to the Writ of Habeas Corpus, that they cannot discharge the Person brought up before them, though it should appear most manifestly to them, by the clearest and most undoubted Proof, that such Return is false in Fact, and that the Person so brought up is restrained of his Liberty by the most unwarrantable Means, and in direct Violation of Law and Justice."

With his Reasons.

Proposal to put another Question to the Judges:

Then it was proposed, "That the following Question be put to the Judges;" videlicet,

"Whether, if a Writ of Habeas Corpus ad Subjiciendum at the Common Law be applied for, either in Term or Vacation-time, by the Friend or Agent, and on the Behalf, of any Person under actual Confinement or Restraint; and if the Person so applying should make an Affidavit of such Confinement or Restraint, and that he believes the same not to be by virtue of any Commitment for Criminal or supposed Criminal Matter, but should declare, that he could give no other material Information relative thereunto; would such an Affidavit, as the Law now stands, be a proper probable Cause for the awarding of the said Writ of Habeas Corpus? and would the Court, or Judge, be bound immediately to award the same as a Writ of Right? or would the Court, or Judge, be bound to refuse the same upon such Affidavit only? or is it in such Case entirely left to the Discretion of the Court, or Judge, to grant the said Writ of Habeas Corpus to one Person upon such Affidavit, and refuse it to another upon such Affidavit, if they shall so think fit?"

And the same being objected to;

After Debate;

The Question was put, "Whether the said Question shall be put to the Judges?"

It was Resolved in the Negative.

Protest against rejecting it:

"Dissentient.

"1. Because the Case stated in this Question tends to ascertain the Nature, Degree, and Extent, of that dangerous Discretion now contended for, in awarding Writs of Habeas Corpus ad Subjiciendum, to which Discretion no Bounds, by the Terms of the Opinions delivered by the Judges, are as yet set. And this Matter is not stated in any other of the Questions proposed to them; nor doth it appear by any of their Answers, whether this precise Case, exactly the same as that required by the Bill under Deliberation, be, or be not, in their Opinion, as the Law now stands, a proper probable Cause for the awarding of the Writ aforesaid.

"2. Because one of the principal Reasons urged in the Debate, for not allowing this Question to be proposed to the Judges, was, That the asking it implied an Imputation upon them, by supposing they would grant it to one Person, and refuse it to another on the same Case; whereas the Question is not whether they would, but whether by Law they could, exercise such a Discretion; and it is of Importance to ascertain whether, in their Opinion, the Character and Credibility of the Person applying upon Oath for the Writ can and ought to determine the Judge in the Exercise of that Discretion.

"3. Because there is great Reason to believe that, if this Question had been suffered to be put, it might have appeared, that an actual Confinement or Restraint, verified in the Manner stated in the Question and Bill, is, by the Law as it now stands, a sufficient Cause for the granting the said Writ; and, consequently, that the Provisions contained in this Bill to enforce the awarding it, and a speedy Obedience in the Return thereto, are agreeable to the fundamental Principles of Law and Justice, and essentially necessary to the Freedom of the Subject.

"Temple, C. P. S."

Quarrel between Two Peers, not to be proceeded

Notice was taken of some Words, that passed in the Debate, between the Lord Lyttelton and Earl Temple.

And thereupon the said Lords (being required thereto by the House) severally declared upon their Honour, "That they would not pursue any further Resentment upon Occasion of the Words that had passed between them."

Then it being moved, "That the further Consideration of the said Bill be adjourned till Thursday next:"

After short Debate;

Ordered, That the further Consideration of the said Bill be adjourned till Friday next; and the Lords to be summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum (fn. 4) primum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 31^o Maii.

Domini tam Spirituales quam Temporales presentes fuerunt:

PRAYERS.

Oyster Fishery in the River Colne, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for regulating, governing, preserving, and improving, the Oyster Fishery in the River Colne and Waters thereto belonging."

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

It was Resolved in the Affirmative.

Yarmouth Small Debts, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts, within the Borough of Great Yarmouth, and the Liberties thereof."

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

It was Resolved in the Affirmative.

Stockbridge Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from the Town of Stockbridge in the County of Southampton, to the City of Winchester, and from the said City, through Bellmour Lane, to the Top of Stephen's Castle Down, near the Town of Bishop's Waltham in the said County; and from the said City of Winchester, through Otterborne, to Bar Gate in the Town and County of the Town of Southampton."

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

It was Resolved in the Affirmative.

Christian Malford Bridge Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending, widening, and keeping in Repair, the Roads leading from Christian Malford Bridge in the County of Wilts, to Shillingford Bridge Gate in the County of Berks, and also from Swindon to Lyddenton Wall in the said County of Wilts."

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

It was Resolved in the Affirmative.

Brixton Hundred Small Debts, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more easy and speedy Recovery of Small Debts within the Western Division of the Hundred of Brixton, in the County of Surrey."

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

It was Resolved in the Affirmative.

Westbury to Lavington, &c. Roads, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending the Road leading from Pengate in the Parish of Westbury in the County of Wilts, to Latchet's Bridge near the East End of Market Lavington, and also the Road leading from Market Lavington Down to the Turnpike Road near Dewey's Water, and also the Road leading from Bolesborough to Studley Lane End, and also the Road leading from Yarnbrook to the Turnpike Road at Melksham in the said County of Wilts."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the preceding Bills.

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

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

Calder Navigation, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for extending the Navigation of the River Calder, to or near to Sowerby Bridge, in the Parish of Halifax; and for making navigable the River Hebble, Halig, or Halifax Brook, from Brooksmouth to Salter Hebble Bridge, in the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Chawton and Gosport Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing and widening the Roads from Chawton Pond in the Parish of Chawton in the County of Southampton, through Rumsdean Bottom, Westmeon, Warnford, Exton, Bishop's Waltham, and over Sherrill Heath, and through Wickham and Fareham, to the Town of Gosport; and from Exton aforesaid, through Droxford, to the East End of Sherill Heath in the said County."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

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

Westminster Corn Market, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for establishing a free Market for the Sale of Corn and Grain, within the City or Liberty of Westminster."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Duty on Offices, &c. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions, by Annuities and a Lottery, to be charged on the said Rates and Duties."

Militia, to defray the Charge, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for applying the Money granted by Parliament towards defraying the Charge of Pay and Cloathing for the Militia for the Year One Thousand Seven Hundred and Fifty-eight; and for defraying the Expenses incurred on Account of the Militia in the Year One Thousand Seven Hundred and Fifty-seven."

Enclosing Commons for preserving Trees, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to amend and render more effectual an Act passed in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act for enclosing, by the mutual Consent of the Lords and Tenants, Part of any Common, for the Purpose of planting and preserving Trees fit for Timber or Underwood, and for more effectually preventing the unlawful Destruction of Trees."

Cirencester Road, to reduce the Tolls, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable the Trustees appointed for putting in Execution an Act passed in this Session of Parliament, intituled, "An Act for repealing so much of the Act of the Fifteenth Year of His present Majesty, for enlarging the Term and Powers granted by an Act of the Thirteenth Year of His late Majesty King George the First, for repairing the Roads from Cirencester Town's End to Saint John's Bridge, in the County of Gloucester, as directs that the Inhabitants of the several Parishes and Hamlets therein named shall pass Toll-free; and for repairing the Street from the High Cross in Cirencester to the Town's End there; and for other Purposes therein mentioned; and for enlarging the Terms and Powers granted by the said Two former Acts, to reduce all or any of the Tolls granted by the said Act; and for appointing additional Trustees for putting the said Acts in Execution."

Kirkcaldy, Duty on Beer, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to continue and render more effectual an Act made in the Fifteenth Year of His present Majesty's Reign, intituled, "An Act for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kirkcaldy, and Liberties thereof."

Edithweston Common, Enclosure Bill.

Ordered, That the Committee, to whom the Bill, intituled, "An Act for confirming and establishing certain Articles of Agreement, for dividing and enclosing the Open and Common Fields in the Parish of Edithweston, in the County of Rutland," be revived; and meet To-morrow.

Home & al. against Gowdie.

After hearing Counsel in Part, in the Cause wherein Henry Home of Kaims Esquire and others are Appellants, and John Gowdie is Respondent:

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

Judges to attend on the Habeas Corpus Bill.

Ordered, That the Judges do attend this House on Friday next, upon the further Consideration of the Bill, intituled, "An Act for giving a more speedy Remedy to the Subject upon the Writ of Habeas Corpus."

Adjoura.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem (fn. 5) Junii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.