House of Lords Journal Volume 24
April 1734

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History of Parliament Trust

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Year published

1767-1830

Pages

403-429

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'House of Lords Journal Volume 24: April 1734', Journal of the House of Lords volume 24: 1732-1737 (1767-1830), pp. 403-429. URL: http://british-history.ac.uk/report.aspx?compid=114020 Date accessed: 18 April 2014. Add to my bookshelf


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April 1734

DIE Lunæ, 1o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol.
(fn. 1) Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Pembroke & Montgomery.
Comes Warwick & Holland.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Dunmore.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Cornwallis.
Ds. Craven.
Ds. Carteret.
Ds. Hervey.
Ds. Boyle.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

His Majesty's Answer to the Address.

The Lord Chancellor reported, "That the House did, on Saturday last, present to His Majesty their humble Address; to which His Majesty was graciously pleased to return this Answer; (videlicet,)

"My Lords,

"I take this Address as a great Mark of your Zeal and Affection for My Person and Government.

"I thank you for the Confidence you thereby repose in Me; which, You may be assured, shall be used only for the Ends you propose by it, and with the utmost Regard to the true Interests of My People."

The Message, Address, and Answer, to be printed.

Ordered, That His Majesty's most Gracious Message to this House on Thursday last, their Lordships Address to His Majesty thereupon, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Evelyn's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose."

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. Allen and Mr. Spicer:

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

Address for a State of the British Islands in America.

Moved, "That an humble Address be presented to His Majesty, That He will be graciously pleased to order the Commissioners for Trade and Plantations to prepare, and lay before this House, at the next Session of Parliament, a State of the British Islands in America, with regard to their Trade, their Strength, and Fortifications; together with their Opinion what may be further necessary for the Encouragement of their Trade and Security of those Islands."

Ordered accordingly; and that the same be presented by the Lords with White Staves.

Committee Privileges on L. Duffus's Petition.

Ordered, That Robert Jackson Esquire, His Majesty's late Resident at Stockholm, Charles Forbes Esquire, and Mr. Alexander Ross, do attend the Lords Committees for Privileges, to whom the Petition of Erick Lord Duffus, presented to His Majesty, and by His Majesty referred to this House, stands referred, as Witnesses on Behalf of the Petitioner; and that His Majesty's Attorney General and His Majesty's Advocate for Scotland have Notice given them, "That the said Committee is, by Adjournment, to meet on Wednesday next:" And it is further Ordered, That some of the Judges do then attend the said Committee.

Causes limited.

A List of the several Causes, which now stand appointed to be heard, being read:

It is Ordered, That no more than the Four First Causes be heard this Session; and that the Cause wherein Archibald Murray is Appellant, and Francis Charteris Respondent, appointed to be heard this Day, be put off till To-morrow; and the other Three Causes to come on successively in Course, as they at present stand appointed.

Committee to consider Standing Orders, as to hearing Appeals.

Ordered, That the Lords following be appointed a Committee, to consider of the Standing Orders of this House, in relation to the Hearing of Appeals; (videlicet,)

Ld. President.
D. Rutland.
D. Montagu.
D. Kent.
M. Tweeddale.
E. Warwick.
E. Winchilsea.
E. Chesterfield.
E. Shaftesbury.
E. Scarbrough.
E. Coventry.
E. Cholmondeley.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Tankerville.
E. Aylesford.
E. Pomfret.
E. Fitzwalter.
L. V. Say & Seale.
L. V. Cobham.
L. V. Falmouth.
L. Bp. London.
L. B. Durham.
L. B. Rochester.
L. B. Landaff.
L. B. Bristol.
Ld. Abergavenny.
L. Delawarr.
L. Hunsdon.
L. Carteret.
L. Hervey.
L. Boyle.
L. Foley.
L. Bathurst.
L. Hobart.
L. Lovell.
L. Hardwicke.

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

Wyndham to take the Name of Ashe, Bill.

The Lord Hobart reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Joseph Wyndham Esquire, and his Issue Male, to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe," was committed: That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Hampstead, &c. Road, Bill.

The Order being read, for the Second Reading of the Bill, intituled, "An Act for continuing, explain ing and making more effectual Two Acts of Parliament, One of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from the several Places in the the said Acts mentioned, to Highgate Gatehouse and Hampstead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampsted, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County;" and for hearing Counsel, as well against as for the same:

Counsel were accordingly called in.

And the said Bill was read a Second Time.

And Counsel were heard, upon the Two several Petitions against the Bill.

And produced and examined one Henry Hind, upon Oath, touching the Allegations of the said Petitions.

Which done;

Counsel were heard for the Bill.

And the Petitioner's Counsel having replied;

And being all withdrawn:

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

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

Enlarging Time for taking the Oaths, Bill.

The House (according to Order) was adjourned dur ing Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace."

And, after some Time spent therein, the House was resumed.

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

Adjourn.

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

DIE Martis, 2o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Oxon.
2. Epus. Hereford.
1. Epus. Roffen.
Epus. Bangor.
Epus. Landav.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Bedford.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camèrarius Angl.
Dux Newcastle.
March. Tweeddale.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Berks.
Comes Chesterfield.
Comes Thanet.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Coventry.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Torrington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Maynard.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Knapp against Pembroke.

The joint and several Answers of Thomas Pembroke and Sarah his Wife, to the Appeal of Warner Knapp and Jane his Wife, was brought in.

Account of Ships, &c. sent to The West Indies.

The House being informed, "That a Person from the Admiralty-office attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 26th of March last,

"An Account of what Ships, Men, and Stores, have been sent from Great Britain, to the several Plantations in The West Indies, for their Defence, since the Year 1720; with the Times when such Ships went out, and when they returned."

Orders in relation to Appeals:

Ordered, That the Committee appointed to meet To-morrow, to take into Consideration the Standing Orders of this House in relation to the Hearing of Appeals, do meet on Thursday Morning next.

Messages from H C. to return the E. of Burlington's Bill.

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

To return the Bill, intituled, "An Act for supplying an Omission in a former Act of Parliament, to enable Richard Earl of Burlington to grant Leases of Ground behind Burlington-house;" and to acquaint this House, that they had agreed to the same, without any Amendment.

Smith, for Payment of Morland's Debts, Bill:

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

To return the Bill, intituled, "An Act for confirming a Conveyance of divers Lands and Hereditaments in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Trentham Commons, Bill.

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

To return the Bill, intituled, "An Act for enclosing the Common, or Waste, called Lightwood Forest, otherwise Cocknage-banks, and Blurton Common, in the Manor and Parish of Trentham, in the County of Stafford;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Message from H. C with a Bill.

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

With a Bill, intituled, "An Act for settling and determining, in a summary Way, the Demands of the Charitable Corporation for Relief of industrious Poor, by assisting them with small Sums upon Pledges at legal Interest, against Persons accomptable to the said Charitable Corporation, with respect to Certificates of fictitious or insufficient Pledges;" to which they desire the Concurrence of this House.

City of London against Perkins & al.

The House was moved, "That the Hearing of the Cause wherein the Mayor, Commonalty, and Citizens, of the City of London, are Appellants, and Thomas Perkins and others Respondents, be put off till the next Session of Parliament."

And thereupon the Agents on both Sides were called in.

And acquainting the House, "They desired the same might be put off accordingly;"

And being withdrawn:

It is Ordered, That the hearing the said Cause be put off to the next Session of Parliament.

Creditors of the York Buildings Company, for the Bill.

A Petition of the several Persons whose Names are thereunto subscribed, in Behalf of themselves and a great Number of other Creditors of the Governor and Company of Undertakers for raising the Thames Water in York Buildings, was presented, and read; praying, That the Bill depending in this House, for stating the Accompts and Demands between the said Company and their Creditors and Debtors, may pass into a Law."

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

Application of the Lottery Money, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery, on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned."

Report and Accompt referred to a Committee.

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next; and that the Report of the Commissioners, appointed to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, presented to this House the 31st of January last; and also the Accompt of what Charge has hitherto attended the Execution of an Act passed the last Session, appointing the said Commissioners; with an Estimate, as near as can be made, of what Charge may occur in the further Execution thereof, presented to this House on Friday last; be referred to the said Committee: And that the Commissioners do attend the Committee.

Enlarging Time for taking the Oaths, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace."

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 it.

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

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

Mrs. Mead's Pet. for L. Onslow to waive Privilege, again refused.

A Petition of Anne Mead, was offered to the House; praying Liberty to bring the Merits of her Case, relating to a Contract of Marriage alleged to be had between the Lord Onslow and the Petitioner, before a proper Court, without Breach of Privilege.

And the Question being put, "Whether the said Petition shall be now read?"

It was Resolved in the Negative.

Murray & al. against Charteris.

Counsel (according to Order) were called in, to be heard, in the Cause wherein Mr. Archibald Murray Advocate, Mr. James Baillie and James Armour Writers to the Signet, and William Robertson Writer in Edinburgh, Trustees of John Lowis of Merchiston's Creditors, are Appellants, and Francis Charteris of Ampsfield Esquire and his Guardians Respondents.

And Counsel having been heard for the Appellants, and divers Proofs on their Part read;

And being withdrawn:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Mercurii, 3o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Roffen.
Epus. Hereford.
Epus. Landav.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Montrose.
Dux Kent.
Dux Newcastle.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Rothes.
Comes Morton.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford & Mortimer.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Harborough.
Comes Pomfret.
Viscount Say & Seale.
Viscount Falmouth.
Viscount Lymington.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Carteret.
Ds. Hervey.
Ds. Foley.
Ds. King.
Ds. Hobart.
Ds. Hardwicke.

PRAYERS.

Murray & al. against Charteris:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Mr. Archibald Murray Advocate, Mr. James Baillie and James Armour Writers to the Signet, and William Robertson Writer in Edinburgh, Trustees of John Lowis of Merchiston's Creditors; complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th of November 1732; and also of so much of another Interlocutor, of the 11th of January following, as adhered to the First Part of the former Interlocutor; and likewise complaining of an Interlocutor, of the 21st of February 1733; and of another, of the 6th of July last, adhering thereunto; and praying, "That the same may be reversed; but that the latter Part of the said Interlocutor of the 11th of January 1733 may be affirmed:" As also upon the Answers of Francis Charteris of Ampsfield Esquire and his Guardians put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the former Part of the said Interlocutor of the 15th of November 1732, whereby the Lords of Session found the Documents adduced for instructing Usury not relevant, be, and is hereby, affirmed; but that the latter Part of the same Interlocutor, finding the Bonds in Question sufficiently prove their onerous Causes, without the Necessity of further Astruction, be, and is hereby, reversed: And it is further Ordered and Adjudged, That the said Interlocutor of the 11th of January 1733, whereby the Lords of Session adhered to the First Part of their former Interlocutor, but found that the Narratives of the Bonds in Question do not sufficiently astruct the onerous Causes of the said Bonds, be, and is hereby, affirmed, with this Addition; (videlicet,) "without some further Proof thereof, by Circumstances or otherwise:" And it is also Ordered and Adjudged, That the said Interlocutor of the 21st of February 1733, whereby the Lords of Session adhered to their Interlocutor of the 15th of November 1732, finding the Bonds in Question sufficiently prove their onerous Causes, without the Necessity of further Astruction; and the said Interlocutor of the 6th of July last, adhering to the said Interlocutor of the 21st of February 1733; be, and are hereby, reversed.

Skerrett against Nisbitt & al.

Upon reading the Petition and Appeal of Humphry Skerret Gentleman; complaining of a Decretal Order, and other Orders and Proceedings, of the Court of Chancery in Ireland, made the Day of upon the Appellant's Motion to have One Hundred Pounds per Annum paid, and the Possession delivered to him of the Lands of Killefadda and Gortinee; the Order of the 25th of May 1731, refusing the Appellant's Motion; and the Order of the 16th of February 1731, upon arguing the Defendant's Plea; the Orders of the 28th of June and 26th of February last, in a Cause wherein the Appellant was Plaintiff, and John Nisbett, William Slack, Joseph Hall, Christopher Rind, and Lancelot Lowther, were Defendants; and in a Cross Cause, wherein the said John Nisbett was Plaintiff, and the Appellant and others were Defendants; and praying, "That the same may be reversed; and that a Receiver may be appointed, to receive the Rents and Profits of the said Estate; and that the same, or a Sum or Sums sufficient thereout, be paid unto the Appellant, as well to discharge the Arrear in the said Appeal mentioned, since the Year 1720, as the growing Rent of One Hundred Pounds per Annum; and that the Appellant may be quieted in the Enjoyment of his Land (fn. 2) Aghary; and that the Appellant may have such further and other Relief in the Premises as to this House shall seem meet:"

It is Ordered, That the said Mathew Nisbett, Prudence Nisbett, John Nisbett, Henry Nisbett, Prudence Nisbett Spinster, Florinda Nisbett, Anne Nisbett, Cairncross Nisbett, Thomas Nisbett, Thomas Marley, Thomas Croston, Richard Geering, Charles Goddard, William Slack, and Jane Hall, may have a Copy or Copies of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 8th Day of May next; and that Service of this Order upon the said Respondents, or their respective Clerk or Clerks in the said Court, be deemed good Service.

Wyndham to take the Name of Ashe, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Joseph Wyndham Esquire and his Issue Male to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe."

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

It was Resolved in the Affirmative.

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

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

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

King's Answer to the Address for a State of the British Islands in The W. Indies.

The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of Monday last, for a State of the British Islands in America; and the Opinion of the Board of Trade, what may be further necessary for the Encouragement of their Trade, and Security of those Islands; and that His Majesty was pleased to say, "He will give Orders accordingly."

Adjourn.

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

DIE Jovis, 4o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Bangor.
Epus. Landav.
Epus. Menev.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Rutland.
Dux Montagu.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Coventry.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Cobham.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Byron.
Ds. Weston.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
2. Ds. Malton.
1. Ds. King.
Ds. Hardwicke.

PRAYERS.

Trotter against E. Marchmont, &c.

The joint and several Answers of Alexander Earl of Marchmont and Andrew Hogg, to the Appeal of Henry Trotter of Mortounhall Esquire, was brought in.

Account of Ordnance Stores, &c. sent to The W. I. Islands.

The Duke of Greenwich presented to the House (pursuant to their Lordships Address to His Majesty of the 26th of March last),

"An Account of Men and Stores sent by the Office of Ordnance from Great Britain, to the several Plantations in The West Indies, since the Year 1720."

And the Title of the said Account was read.

Message from H. C. to return the Bill for cutting Hedges near Highways.

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

To return the Bill, intituled, "An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Buckley's Bill.

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

To return the Bill, intituled, "An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Importation of Foreign Hops, to prevent, Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland; and to prevent the adulterating and sophisticating of Hops, to alter the Colour or Scent thereof;" to which they desire the Concurrence of this House.

Owners of Ships, how far answerable, Bill.

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

With a Bill, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners;" to which they desire the Concurrence of this House.

Bablack Church in Coventry, Bill.

A Message was brought from the House of Commons, by Sir Adolphus Oughton and others:

With a Bill, intituled, "An Act for making the Church of Bablack, in the City of Coventry, a Parish Church; and for appointing a District or Parish thereto; and for enabling the Master and Usher of the Free Grammar School within the said City to be the Rector and Lecturer of the said Parish Church;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

His Majesty's Consent signified.

The Duke of Newcastle signified to the House, " (fn. 3) That His Majesty gave his Consent to the last mentioned Bill, so far as the Interest of the Crown is concerned."

Griell against Gansell.

Ordered, That the Cause wherein Susanna Griel Spinster is Appellant, and David Gansell Esquire Respondent, which stands for an Hearing this Day, be put off to Monday next.

Jackson against Francia.

A Petition of Moses Francia, Respondent to the Appeal of Cuthbert Jackson, was presented, and read; praying, "That, notwithstanding the Order for limiting the Number of Appeals to be heard this Session, this Cause may be heard on Tuesday next, pursuant to a former Order of this House."

And thereupon the Agents on both Sides being called in, and heard; and withdrawn:

Hearing appointed.

It is Ordered, That the said Cause shall be heard, by Counsel, at the Bar, on Tuesday next, as desired.

Charitable Corporation, Application Lottery Money, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery, on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned:"

It is Ordered, That this House shall be put into a Committee thereupon, To-morrow; and that the Commissioners, appointed to examine, state, and report, who of the Sufferers in the Charitable Corporation are Objects of Compassion, do then attend.

Paschall to amend her Appeal.

Upon reading the Petition of Elizabeth Paschall; praying, "That she may be at Liberty to amend her Appeal, and charge Mark Thurston Esquire as Administrator de Bonis non to John Herbert Doctor in Divinity, deceased; and that the said Mark Thurston be required to put in his Answer to the said Appeal:"

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, as desired; and that the said Mark Thurston do put in his Answer thereunto, in a Fortnight.

Hampstead, &c. Road, Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, One of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampstead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampstead, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Veneris, 5o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Athol.
Dux Kent.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Coventry.
Comes Poulett.
Comes Morton.
Comes Marchmont.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Cowper.
Comes Harborough.
Comes Macclesfield.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Falmouth.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Henton.
Ds. Cornwallis.
Ds. Hervey.
Ds. Montjoy.
Ds. Foley.
Ds. Cadogan.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Edwards's Petition against Bablack Church Bill.

A Petition of Thomas Edwards Clerk, was presented, and read; praying to be heard, by his Counsel, against the Bill for making the Church of Bablack, in the City of Coventry, a Parish Church; and other Purposes.

Ordered, That the said Petition do lie on the Table till the said Bill be read a Second Time.

Hampstead, &c. Road, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, One of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampstead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampstead, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County."

An Amendment was made thereto, at the Table; (videlicet,)

"Press 11. Line 34. After ["same"], insert ["for Want of Form only"].

Then the Question was put, "Whether this Bill, with the Amendment, shall pass?"

It was Resolved in the Affirmative.

Message to H C. with an Amendment to it.

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

To acquaint them, that the Lords have agreed to the said Bill, with One Amendment, whereunto their Lordships desire their Concurrence.

Order in relation to the hearing of Appeals, a Standing Order.

The Earl of Strafford reported from the Lords Committees appointed to consider of the Standing Orders in relation to the Hearing of Appeals, "That the Committee have met, and considered the Matter to them referred; and have prepared the following Order; (videlicet,)

"Ordered, That all such Appeals as have been presented, for hearing whereof Days have been appointed during this Session, which shall not be determined in this Session; and all such Appeals as shall be presented, for hearing whereof Days shall be appointed in any subsequent Session, which shall not be determined in the same Session; shall be heard and determined in the Beginning of the next Session of Parliament, in the same Order and Course as they shall stand to be heard at the End of this or any other Session, without any new Application to this House to appoint a Day for hearing the same; and that such of the said Appeals as shall stand first to be heard, at the End of this or any other Session, shall stand to be heard upon the First Monday after the First Day of the next Session or Meeting of Parliament; the Second upon the Wednesday, the Third upon the Friday following; and from thence the rest in Course, upon every Monday, Wednesday, and Friday until they shall be all heard and determined."

"And the Committee have likewise, in Consequence of the said Order by them prepared, thought it necessary to make the following Amendments to the Standing Order, No 107."

"Lines 2 and 3. Leave out these Words ["which shall not be determined"]; and instead thereof, insert ["for hearing whereof no Day hath been, or shall be, appointed."]

"Line 5. Leave out ["not determined"]; and insert ["for hearing whereof no Day shall be appointed."]."

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

Ordered, That the foregoing Order be declared to be a Standing Order of this House; and that it be entered on the Roll of Standing Orders, and affixed on the Doors of this House and Westminster Hall, and printed and published, to the End all Persons that shall be therein concerned may the better take Notice of the same.

Message from H. C. to return Lord Craven's Bill

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

To return the Bill, intituled, "An Act for discharging a certain Piece of Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more con venient Place, upon the same Trusts;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

The said Amendments, being read, were agreed to.

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

Jevers against Jevers:

The House being informed, "That a Person attended, in order to deliver in certain Pleadings and Proceedings, in the Cause wherein Henry Jevers Esquire is Appellant, and Margaret Jevers and others are Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Office in Ireland."

And then he was directed to withdraw.

Hepburne Rickart against E. Hoptoun:

After hearing Counsel, upon the Petition and Appeal of James Hepburne Rickart of Keith Esquire; complaining of an Interlocutory Sentence, or Decree, of the Lords of Session in Scotland, of the 15th of February 1731/32, made on the Behalf of Charles Earl of Hoptoun; and also of another Interlocutor of the same Lords, of the 17th of the same Month, adhering to their former Interlocutor; and praying, "That the same may be reversed:" As also upon the Answer of the said Earlput in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Interlocutory Sentences or Decrees therein complained of be, and are hereby, affirmed.

Bablack Church, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for making the Church of Bablack, in the City of Coventry, a Parish Church; and for appointing a District or Parish thereto; and for enabling the Master and Usher of the Free Grammar School within the said City to be the Rector and Lecturer of the said Parish Church."

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

L. President.
D. Kent.
D. Newcastle.
D. Chandos.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Shaftesbury.
E. Marchmont.
E. Ilay.
E. Oxford.
E. Strafford.
E. Bristol.
E. Macclesfield.
E. Fitzwalter.
Viscount Say & Seale.
Viscount Falmouth.
L. Bp. London.
L. Bp. Durham.
L. Bp. Rochester.
L. Bp. Landaff.
L. Bp. Bristol.
L. Abergavenny.
L. Delawarr.
L. Cornwallis.
L. Hervey.
L. Montjoy.
L. Foley.
L. Cadogan.
L. Lovell.
L. Hardwicke.

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

Counsel to be heard for Edwards.

Ordered, That the Petition of Thomas Edwards Clerk, ordered to lie on the Table till the Second Reading of the said Bill, be referred to the said Committee; and that the Petitioner may be heard, by Counsel, in relation to the said Bill, as desired; and that Counsel may be heard for the Bill, at the same Time.

Importation of Foreign Hops, to prevent, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland; and to prevent the adulterating or sophisticating of Hops, to alter the Colour or Scent thereof."

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

Bankrupts Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for explaining an Act passed in the Fifth Year of the Reign of His present Majesty, intituled, "An Act to prevent the committing of Frauds by Bankrupts," so far as the same relates to the signing of Certificates by the Creditors of Bankrupts."

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

Representation of the Board of Trade, Report of Committee concerning.

The Lord Lovell reported from the Lords Committees appointed to consider the Representation of the Commissioners for Trade and Plantations, laid before this House the 23d of January last, relating to the Laws made, Manufactures set up, and Trade carried on, in any of His Majesty's Colonies and Plantations in America, which may have affected the Trade, Navigation, and Manufactures, of this Kingdom, "That the Committee have met, and considered the Matter to them referred; and have come to the following Resolutions; (videlicet,)

"1. That it is the Opinion of this Committee, That each Colony, whether under the Crown or otherwise, be obliged to send over a complete Collection of all the Laws understood to be in Force there, to the Board of Trade; and that the Crown be empowered to repeal any Law, passed under any of the said Governments at any Time whatsoever, which hath not actually received the Royal Approbation in Council, if such Law be found detrimental to the Prerogative, or to the Trade, or Navigation, or Interest, of Great Britain; any Privilege, or Limitation by Charter or otherwise, for the Time or Manner of repealing such Laws, notwithstanding.

"2. That it is the Opinion of this Committee, That all Laws made in the Plantations, as well in those under Proprietary or Charter Governments, as in those where the Government is immediately vested in the Crown, be, for the future, transmitted Home, for His Majesty's Consideration, within the Space of Twelve Months from and immediately after the passing of such Laws respectively; and therefore, that no Law passed in any of the British Colonies be for the future in Force, or be allowed to have any Effect, until the same shall have received His Majesty's Approbation in Council, any Usage, Custom, Charter, Privilege, or Law, to the contrary, notwithstanding; excepting such Laws only as, through any Emergency, may become necessary in the respective Colonies, for the immediate Defence of the Kingdom; wherein no Matters of a distinct or different Nature shall be inserted, but such Clauses only as are usual and applicable to the said Emergency.

"3. That it is the Opinion of this Committee, That the Governors of Connecticut and Rhode Island, before they enter upon the Discharge of their respective Offices as Governors, should take the usual Oaths of Allegiance and Fidelity taken by other Governors; and should enter into such Securities to His Majesty, for the due Observance of the Laws of Trade and Navigation, and to the like Value, as other Governors of His Majesty's Plantations; which Oaths and Securities shall be taken in the Presence of such of His Majesty's Governors as His Majesty, from Time to Time, shall appoint.

"4. That it is the Opinion of this Committee, That an humble Address be presented to His Majesty, That He will be graciously pleased to give Directions, that the Commissioners for Trade and Plantations do, during the Recess of Parliament, revise and consider the several Proposals that may at any Time have been laid before them, relating to such Encouragements as may be necessary to engage the Inhabitants of the British Colonies on the Continent in America to apply their Industry to the Cultivation of Naval Stores of all Kinds and likewise of such other Products as may be proper for the Soil of the said Colonies, and do not interfere with the Trade or Produce of Great Britain; and do lay their Observations thereon before this House, at their Meeting the next Session of Parliament."

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

Ordered, That the Judges do prepare, and bring in, Heads of a Bill, upon the First Three Resolutions, at the Beginning of the next Session of Parliament; and that an humble Address be presented to His Majesty, pursuant to the other Resolution; and that the same be presented by the Lords with White Staves.

Owners of Ships, how far answerable, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners."

Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next; and that the same be printed.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament;" to which they desire the Concurrence of this House.

Report on Ld. Duffus's Petition, that he has no Right, to that Title.

The Lord Delawarr reported from the Lords Com mittees for Privileges, to whom was referred the Petition of Erick Lord Duffus to His Majesty, and by His Majesty referred to this House; praying, "That He would be graciously pleased to give such Directions as He should think proper, for declaring and establishing the Petitioner's Right and Title to the Honour and Dignity of Lord Duffus:" "That the Committee have taken the said Petition into Consideration; and heard Counsel, as well on Behalf of the Crown, as the Petitioner; and also heard the Judges who attended the Committee, touching some Points of Law to them proposed; and are of Opinion, That the Petitioner has not a Right to the Honour, Title, and Dignity, of Lord Duffus."

Which Report, being read by the Clerk, was agreed to by the House.

Ordered, That the same be laid before His Majesty by the Lords with White Staves.

Charitable Corporation, Application Lottery Money, Bill.

The Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery, on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned."

William Newland, John Harrison, Richard Loving, and David Avery, were called in, and sworn, in order to be examined before the said Committee.

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

And, after some Time spent therein, the House was resumed.

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

Rathborne, to amend his Appeal.

Upon reading the Petition of John Rathborne Merchant; praying Liberty to amend his Appeal, to which John Byrne and others are Respondents, in such Manner as he shall be advised; the Petitioner amending the Respondents Copy:

It is Ordered, That the Petitioner be at Liberty to amend his Appeal, as desired, he amending the Respondents Copy; and that the Respondents do put in their Answer thereunto, in Writing, in Five Weeks.

Sinking Fund, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to enable His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament."

Ordered, That the said Bill be read a Second Time on Tuesday next; and the Lords to be summoned.

Elections in Scotland, regulating, Bill.

A Message was brought from the House of Commons, by Sir Robert Monroe and others:

With a Bill, intituled, "An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote, as Members of the House of Commons;" to which they desire the Concurrence of this House.

Proposed, "To read the said Bill the First Time."

The same was objected to.

And it being moved, "To adjourn:"

The Question was put, "Whether the House shall be now adjourned?"

It was Resolved in the Negative.

Then the said Bill was read the First Time.

Proposed, "To read the Bill a Second Time on Monday next."

Which being objected to;

And Debate thereupon:

The Question was put, upon the said Proposition.

And it was Resolved in the Negative.

Ordered, That the said Bill be read a Second Time on Wednesday next; and that it be in the mean Time printed.

Adjourn.

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

DIE Lunæ, 8o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Sarum.
Epus. Hereford.
Epus. Cicestri.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Norwic.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Dux Richmond.
Dux Marlborough.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Chesterfield.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Albemarle.
Comes Caventry.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Viscount Weymouth.
Viscount Cobham.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Cornwallis.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. King.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

King's Answer to the Address in relation to the Plantations.

The Lord Great Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of Friday last, in relation to the Produce of the Plantations; and that His Majesty was pleased to say, He will give Directions to the Commissioners for Trade and Plantations accordingly."

Charitable Corporation, Application Lottery Money, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the Application and Disposal of the Residue of the Money raised by Way of Lottery on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corpo ration as are Objects of Compassion, according to the Descriptions therein mentioned."

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

It was Resolved in the Affirmative.

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

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

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

Notice to be given of Lord Halyrudhous's Petition.

Whereas, on the 20th of March last, a Petition of Henry Lord Halyrudhous, which had been presented to His Majesty, and by Him referred to this House; praying, "That His Majesty would give Directions for declaring and establishing the Petitioner's Right to the Honour and Dignity of Lord Halyrudhous," was, by their Lordships, referred to the Lords Committees for Privileges; which Committee now stands adjourned to Wednesday next, in order to take the said Petition into Consideration:

It is this Day Ordered, That Notice of this Matter be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.

Graham to enter into Recognizance for Skerret.

The House being moved, "That William Graham Gentleman may be permitted to enter into a Recognizance for Humphry Skerret Gentleman, on account of his Appeal depending in this House; he residing in Ireland:"

It is Ordered, That the said William Graham may enter into a Recognizance for the said Appellant, as desired.

Griell against Gansell.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Susanna Griel Spinster, to which David Gansell Esquire is Respondent.

And Counsel having been heard for the Appellant, and divers Proofs on her Part read;

As also One Counsel for the Respondent:

And withdrawn:

It is Ordered, That the further Hearing of this Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 9o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
2. Epus. Landav.
1. Epus. Bangor.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bolton.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Kent.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Tadcaster.
Viscount Lymington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Maynard.
Ds. Byron.
Ds. Craven.
Ds. Carteret.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Message from H. C. with a Bill; and to return the following ones:

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

With a Bill, intituled, "An Act for the more effectual preventing the forging Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods;" to which they desire the Concurrence of this House.

Cleybrooke Common Fields, Bill;

A Message was brought from the House of Commons, by Sir George Beaumont and others:

To return the Bill, intituled, "An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Hampstead, &c. Road, Bill.

A Message was brought from the House of Commons, by Sir Francis Child and others:

To return the Bill, intituled, "An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, One of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampsted, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampsted, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County;" and to acquaint this House, that they have agreed to their Lordships Amendment made to the said Bill.

Messages from H. C. with a Bill; and to return Horner & Ux. Bill, for Sale of Hopsford Manor.

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

With a Bill, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act for Sale of the Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased; and to acquaint this House, that they have agreed to the same, without any Amendment.

Griell against Gansell:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Susanna Griel Spinster; complaining of a Decree of the Court of Chancery, of the 3d of November 1732, made in a Cause wherein the Appellant was Plaintiff, and David Gansell Esquire Defendant; and praying, "That the same may be varied in the Particulars complained of; and that the said David Gansell may be directed to re-transfer £. 2225. Orphan Stock, £. 2000. Bank Stock, £. 1000. South Sea Annuities, and £. 940. South Sea Stock, to the Appellant, and accompt for the Dividends thereof, deducting what the Appellant has received, pursuant to the Order of the said Court, the 28th of November 1730, on the Appellant's delivering up the Bond given her by the Respondent for the Payment of an Annuity to her for Life:" As also upon the Answer of the said David Gansell put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree complained of in the said Appeal be, and is hereby, reversed: And it is further Ordered, That the Court of Chancery do direct an Issue at Law to be tried in the Court of King's Bench, "Whether the Assignment of the said Orphan Stock, and Transfer of the said Bank Stock, South Sea Annuities, and South Sea Stock, made by the Appellant to the Respondent on the 25th of August 1730, was so made upon any Trust for the Benefit of the Appellant, and what;" and that the said Court do give all necessary Directions for the Settling and Trial of the said Issue; and, after such Trial shall be had, either of the said Parties is at Liberty to resort back to this House, for further Directions: And it is further Ordered, That the Injunction, granted by the said Order of the 28th of November 1730, be revived and continued in the mean Time; and that the Respondent do pay the Arrears and growing Payments of the said Annuity to the Appellant, and be at Liberty to receive the Dividends due, and to grow due, in the mean Time, without Prejudice to either Party.

The Orders of the Day being read:

Sinking Fund Bill.

Ordered, That the Second Reading of the Bill, intituled, "An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirtyfour; and for appropriating the Supplies granted in this Session of Parliament," be adjourned to Thursday next.

Importation of Foreign Hops, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland; and to prevent the adulterating or sophisticating of Hops, to alter the Colour or Scent thereof."

And, after some Time spent therein, the House was resumed.

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

Owners of Ships, how for answerable, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners."

And, after some Time spent therein, the House was resumed.

And the Lord Cadogan reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Jackson against Francia.

Ordered, That the Cause wherein Cuthbert Jackson is Appellant, and Moses Francia Respondent, which is appointed to be heard this Day, be put off till Tomorrow; and that the Counsel be called in at Twelve a Clock.

Berkley & al. against Fox, &c.

Upon reading the Petition and Appeal of the Honourable Henry Berkley Esquire, Jane Chaplyn Widow, Robert Lackford, Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix; complaining of a Decree and Order of Dismission of the Court of Exchequer, of the 16th of April last, made in a Cause wherein John Fox Clerk was Plaintiff, and Mary Bardwell and others were Defendants: As also in a Cross Cause, wherein the said Appellants were Plaintiffs, and the said John Fox and the Dean and Chapter of Norwich Defendants; and praying, "That the said Decree and Order may be reversed; and that such Order and Decree may be made in the Premises as to this House shall seem meet; and that the said John Fox and the Dean and Chapter of Norwich may put in their Answers hereunto; and appear, with the antient Grants, Charters, and Leases, as they have admitted to be in their Custody, at the hearing the said Cause:"

It is Ordered, That the said John Fox and the Dean and Chapter of Norwich may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the 23d Day of this Instant April.

Allam to enter into Recognizance for the Appellants.

The House being moved, "That Edward Allam, Agent for the Appellants, may be permitted to enter into a Recognizance for them, on account of their Appeal; they residing in Norwich:"

It is Ordered, That the said Edward Allam may enter into a Recognizance for the Appellants, as desired.

Clark against Digby & Ux.

Upon reading the Petition and Appeal of Augustine Clark, of the City of Dublin, Merchant; complaining of an Order of the Court of Exchequer in Ireland, of the 23d of February last, made in a Cause then depending, wherein Richard Digby Gentleman and Anne his Wife were Plaintiffs, and the Appellant and others Defendants; and praying, "That the same may be reversed or rectified; and that this House will make such further Order for the Appellant's Relief, as to their Lordships shall seem meet:"

It is Ordered, That the said Richard Digby and his Wife may have a Copy of the said Appeal; and they are hereby required to put in their Answer thereunto, in Writing, on or before Tuesday the 7th Day of May next; and that Service of this Order upon their respective Attornies in the said Court of Exchequer in Ireland be deemed good Service.

Rowley against McLorinan:

The House being informed, "That a Person attended, in order to deliver several Pleadings and Proceedings, in the Cause wherein William Rowley and his Wife are Appellants, and Hugh McLorinan and others Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Importation of Cochineal, &c. Bill.

Ordered, That the House be now put into a Committee upon the Bill, intituled, "An Act for the Revival of an Act, made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also for the free Importation of Indigo."

Accordingly the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

And, after some Time spent therein, the House was resumed.

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

Redemption of Mortgages, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages."

Ordered, That the said Bill be printed.

Against forging Acceptance of Bills of Exchange, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods."

Adjourn.

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

DIE Mercurii, 10o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Dunelm.
Epus. Oxon.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Bolton.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Greenwich.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanct.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Bristol.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Maynard.
Ds. Craven.
Ds. Carteret.
Ds. Guilford.
Ds. Weston.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Committee to meet on Lord Halyrudhous's Pet.

Ordered, That the Lords Committees for Privileges, to whom is referred a Petition of Henry Lord Halyrudhous to His Majesty, do meet, in order to take the same into Consideration, on Monday next.

Importation of Foreign Hops, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland; and to prevent the adulterating or sophisticating of Hops, to alter the Colour or Scent thereof."

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

It was Resolved in the Affirmative.

Bablack Church, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making the Church of Bablack, in the City of Coventry, a Parish Church; and for appointing a District or Parish thereto; and for enabling the Master and Usher of the Free Grammar School within the said City to be the Rector and Lecturer of the said Parish Church."

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

It was Resolved in the Affirmative.

Cochineal, Importation, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the Revival of an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also for the free Importation of Indico."

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. Burroughs and Mr. Edwards:

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

Jackson against Francia:

After hearing Counsel, upon the Petition and Appeal of Cuthbert Jackson, Executor of Francis Francia, deceased, who was Son and surviving Executor of Domingo Francia, deceased; complaining of so much of an Order made by the Court of Chancery, the 16th of October 1731, as relates to the Matter of the Appellant's First Exception taken to the Master's Report; and praying, "That the same may be reversed; and that the said First Exception may be allowed; and such Order made for the Appellant's Relief, as the Nature of his Case requires:" As also upon the Answer of Moses Francia, surviving Executor of Peter Francia, put in to the said Appeal; and due Consideration and Debate had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Order of the Court of Chancery as is complained of in the said Appeal be, and is hereby, reversed; and that the Appellant's First Exception to the Master's Report be allowed; and that the said Court do give Directions for varying the Accompt accordingly: And (pursuant to the Offer made by the Appellant in the said Appeal) it is further Ordered, That he shall indemnify the Partnership Estate against any Demand which may or can be made by Edward Allen, in the Appeal mentioned, or his Representatives.

Militia Bill.

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

With a Bill, intituled, "An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not repaid; and for making the Militia within the same more useful;" to which they desire the Concurrence of this House.

Assaults with Intent to commit Robbery, Bill.

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

With a Bill, intituled, "An Act for the more effectual Punishment of Assaults with Intent to commit Robbery;" to which they desire the Concurrence of this House.

The said Bills were severally read the First Time.

Wardlaw's Pet. to bring on Hoggan's Appeal:

A Petition of William Wardlaw and others, Respondents to the Appeal of John Hoggan and others, was presented, and read; praying, "That the Appellants may be ordered to amend their Appeal, by adding Two Interlocutors of the Lords of Session in Scotland; and to appoint a short Day for the Hearing of the said Appeal; or that the Petitioners may be at Liberty to act as Magistrates for the Borough of Kinghorne till next Michaelmas, pursuant to the said Two Interlocutors against which the Appellants have not appealed."

Whereupon the House was informed, "That the said Appeal was presented on the 8th of February last, and the Answer not put in till the 30th of March."

Rejected.

Ordered, That the said Petition be rejected.

Bankrupts Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for explaining an Act passed in the Fifth Year of the Reign of His present Majesty, intituled, "An Act to prevent the committing of Frauds by Bankrupts," so far as the same relates to the signing of Certificates by the Creditors of Bankrupts."

And, after some Time spent therein, the House was resumed.

Elections in Scotland, to regulate, Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for the better regulating the Elections of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote, as Members of the House of Commons:"

It was proposed, "To put off the Second Reading to another Day."

Which being objected to;

And Debate thereupon:

The Question was put, "Whether the said Bill shall be now read a Second Time?"

It was Resolved in the Affirmative.

The said Bill was accordingly read a Second Time.

After Debate;

The Question was put, "Whether the said Bill shall be committed?"

It was Resolved in the Affirmative.

Then it being moved, "That the House be put into a Committee upon the said Bill, on Saturday next:"

The same was objected to.

And the Question being put thereupon:

It was Resolved in the Negative.

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

Owners of Ships, how far answerable, Bill.

The Lord Cadogan (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners," was committed, the Amendment made by the Committee to the said Bill.

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

Rathborne against Byrne:

The House being informed, "That a Person attended, in order to deliver in several Papers, Pleadings, and Proceedings, in the Cause wherein John Rathborne Merchant is Appellant, and John Byrne and others are Respondents:

Clark against Digby & Ux.

As also, in the Cause wherein Augustine Clark is Appellant, and Richard Digby and his Wife are Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Pleadings and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

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

DIE Jovis, 11o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Winton.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Poulett.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Marchmont.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Aylesford.
Comes Halyfax.
Comes Harbrough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Henton.
Ds. Byron.
Ds. Lynne.
Ds. Craven.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Boyle.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Owners of Ships, how sat answerable, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment to it.

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

To acquaint them, that the Lords have agreed to the same, with One Amendment; whereunto their Lordships desire their Concurrence.

Against forging Acceptance of Bills of Exchange, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods."

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

Assaults with Intent to rob, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual Punishment of Assaults with Intent to commit Robbery."

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

Messages from H. C. with a Bill; and to return the M. of Annandale's Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to continue and settle an Annuity of Five Thousand Pounds on the Princess Royal, during the Term of her natural Life, in case she shall survive His Majesty;" to which they desire the Concurrence of this House.

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

To return the Bill, intituled, "An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay cut Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scotland, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Princess Royal's Bill, read Three Times, and passed:

Hodie 1a, 2a, & 3a vice lecta est Billa, intituled, "An Act to enable His Majesty to continue and settle an Annuity of Five Thousand Pounds on the Princess Royal, during the Term of her natural Life, in case she shall survive His Majesty."

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.

Marq. of Annandale's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill returned from that House this Day, relating to the Marquis of Annandale.

And the same, being read, were agreed to.

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

Ascertaining Duttes on Arrack, &c. Bill.

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

With a Bill, intituled, "An Act for ascertaining the Duties on Arrack; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Message from H. C. to return the Owners of Ships Bill.

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

To return the Bill, intituled, "An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Redemption of Mortgages, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages."

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

Sinking Fund, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament."

Proposed, "To commit the Bill."

Which being objected to;

And long Debate thereupon:

The Question was put, "Whether this Bill shall be committed?"

It was Resolved in the Affirmative.

Protest against committing it.

"Dissentient.

"1st, Because the taking away in this Manner the whole Produce of the Sinking Fund has a Tendency, as we apprehend, to the Destruction of Parliamentary Credit and National Faith; and is more dangerous in its Consequences, as it is founded upon a Doctrine newly laid down, "That the Proprietors of all the Debts subscribed to the South Sea Company have no Right to their Principal Money, but only to an Annuity of Four per Centum:" And if this Opinion should be thought to be countenanced by Parliament, in passing this Bill; we are apprehensive that the Effects of it may be too soon and severely felt; especially since the said Proprietors have found by Experience, that they have been paid off when their Annuities, or Stocks, were above Par; and the Sinking Fund is now diverted, when, as we apprehend, the said Stocks and Annuities are likely to fall considerably under Par.

"2dly, Because we look upon this Proceeding to be contrary to the Contract understood to have been made between the Public and those Creditors; who consented to the Reduction of their Interest, in Confidence that their Principal and remaining Interest would thereby be better secured; in Pursuance of which, an Act of Parliament was made, in the 3d Year of His late Majesty's Reign, whereby it is Enacted, "That the Monies to arise, from Time to Time, by certain Surpluses, Excesses, and Overplus-monies therein specified (which are commonly called the Sinking Fund), shall be appropriated for discharging the Principal and Interest of such National Debts and Incumbrances as were incurred before the 25th Day of December 1716, and were declared to be National Debts, and were provided for by Act of Parliament in such Manner and Form as should be directed or appointed by any future Act or Acts of Parliament." And the said Act of Parliament is confirmed by another Act, made in the 6th Year of His late Majesty; which, after reciting that the said Overplus-money will be greatly increased, as it was from the 24th of June 1727, applies the said Overplus-monies as they stood appropriated by the former Act; and likewise establishes a Contract between the Public and every individual Creditor of the Public that subscribed to the South Sea Company, "That the said subscribing Creditors shall have a perpetual Annuity of Four per Centum, from the Year 1727, until they should be paid off;" and then applies the Sinking Fund, so increased, to pay such Debts as were contracted before the 25th December 1716, and declared to be National Debts, and provided for by Act of Parliament; which, if it is pursued, will be the most effectual Means (as it is the strongest Stipulation that can be made) for paying off the National Debt: And these Appropriations in the said Acts were manifestly made to prevent the Application of the Sinking Fund to the current Service of the Year, or to the Payment of Debts incurred since the Year 1716; which, like the present Navy Debt, may have lain dormant as long as they could possibly be concealed, and been occasioned by Ministers who may have run the Nation into larger Expences every Year than they thought for their Interest to demand from Parliament. We apprehend the greater Danger from this Proceeding, by considering the Steps which have been taken before it came to this Point: At first, some Surpluses were distinguished out of the Sinking Fund, and Supplies for the current Service of the Year raised upon them: Then a Sum of Five Hundred Thousand Pounds, being Surpluses of the said Fund over the Million which had been annually paid off, was applied last Year in the same Manner: Now the Whole is taken at once; and we may justly suspect that the next Attempt will be to mortgage the Sinking Fund; the Consequence of which will inevitably be (as we conceive) a total Destruction of Parliamentary Credit, and introduce a Necessity of taxing the Funds. The next Step is more easy to be foreseen, than proper to be expressed.

"3dly, Because the Appropriating Clause in this Act is, in Effect, an Unappropriation of all the Money that has been raised this Year; and puts it in the Power of a Minister to divert any of the Supplies to whatever Purposes he shall think fit; and this in Consequence only of an unprecedented Message from the Crown, specifying neither the Dangers apprehended, nor the Services proposed: Whereas Appropriating Clauses were introduced to prevent the secret ill Use of Public Money; and every Tendency of breaking through them is a just Foundation for Parliamentary Jealousy and Inquiry: And therefore we apprehend, that we cannot answer it to the Nation, if we should acquiesce when such Innovations are attempted.

"4thly, Because this new Method of unappropriating Money raised for particular Uses frustrates and eludes the Wisdom and Caution of Parliaments in the original Grant of those Monies, which is always in Consequence of Estimates laid before the other House, and for Services specified; and this too at the Beginning of the Session, in a full House: Whereas this unappropriating Clause comes in, not only at the End of the Session, but at the End of the Parliament, in a thin House, after many Gentlemen were obliged to go to their respective Countries; and the House may be apprehended to have consisted chiefly of such who had either no Business in the Country, or had particular Reasons for not going there till this Clause should be first passed and take Effect.

"5thly, Because this Clause gives Ministers such a Latitude to embezzle or misapply the Public Money, that we apprehend it to be of the most dangerous Consequence; for the Accompts (if any) given afterwards of the Disposal of such Sums, though impossible to be credited, may be impossible to be disproved. Domestic Fortunes may be raised out of Foreign Subsidies; and the Money asked for our Defence, and granted for our Safety, may be employed for our Destruction. The Vote of Credit in the Year 1726, and what was built upon it, cost the Nation One Million Seven Hundred Ninety-seven Thousand Seven Hundred and Thirty Pounds, exclusive of the great Increase of Forces by Sea and Land that were granted by Parliament: Four Hundred and Thirty-five Thousand Pounds were never accompted for to Parliament; and the rest was accompted for under the Articles of, Money paid to the Landgrave of Hesse, amounting to One Million Seventy-nine Thousand Seven Hundred Pounds; to the Crown of Sweden, One Hundred and Fifty Thousand Pounds; to the Duke of Wolfenbuttle, One Hundred Thousand Pounds; to Exchange to the Hessians, Ten Thousand Three Hundred Thirty-five Pounds; to Exchange to Denmark, Twentytwo Thousand Six Hundred Ninety-four Pounds: And all this Expence was incurred, to guard against Dangers which the Administration then gave out they apprehended from the exorbitant Power of the House of Austria.

"6thly, Because the Money raised this Year amounts to Three Millions Nine Hundred and Eighty Thousand Pounds: One Million is raised by that expensive Way of mortgaging the Salt for Eight Years: The Sinking Fund, amounting to Twelve Hundred Thousand Pounds, is taken; and every Thing done that can carry an Appearance of easing the Land this Election Year. But this Bill not only gives the Ministers a Power over the whole Supply raised this Year; but, by this unprecedented Device, lays a certain Foundation of a greater Load upon the Land, which the Nation may be reduced to pay off, with Interest, next Year. And we cannot omit this Circumstance, that the Money voted this Year exceeds the Supply to the Amount of above One Hundred Thousand Pounds.

"7thly, Because we conceive this Precedent to be the more dangerous at the End of a Parliament, and may be followed, fatally for our Liberties, at the Conclusion of future Parliaments; for we have little Reason to be sure, and as little to hope, that future Parliaments will be, like this, unbiassed, uncorrupt, uninfluenced by the great Number of Employments they enjoy, zealous Assertors of the Laws, Liberties, and Constitution, of their Country. And should there ever hereafter unfortunately be chosen a House of Commons, consisting of a Set of Men corrupted by a Minister, bartering the Liberties of their Country for Places and Pensions in the most flagitious Manner, detested and despised by those they represent; they would probably, towards the End of their Term, complete the Measure of their Iniquity, by lodging such a Power in the Hands of their corresponding Minister as would enable him to choose them again in the succeeding Parliament, contrary to the Intentions, as well as Interests, of their true Electors; by which Means, Corruption and Tyranny would be entailed upon this Nation, in the most dangerous Manner, by the Sanction of Parliament.

"8thly, Because blending inconsistent Matters of this Nature, as we conceive, in a Money Bill, lays this House under the utmost Difficulties; since the Delays occasioned by any Alterations made in this House to some Parts of a Money Bill may be unavoidable Obstructions to other Parts of it that require Expedition and Dispatch.

"9thly, Because the extending of this unprecedented Power to the 24th of December next is a Length of Time beyond what was ever known (as we apprehend) in any Case, and is (in our Opinion) not only dangerous, but unnecessary: For the chief Pretence for the Vote was, to have Power during the Interval of Parliament, which may be chosen and meet much sooner, if it shall be thought convenient, after so extensive a Power is lodged in the Hands of the Ministers for so long a Term.

"Denbigh.
Craven.
Thanft.
Gower.
Strafford.
Clinton.
Marlborough.
Ker.
Litchfield.
Bathurst.
Oxford & Mortimer.
Masham.
Carteret.
Montrose.
Montjoy.
Coventry.
Northampton.
Weymouth.
Winchilsea & Nottingham.
Tweeddale.
Stair."

Moved, "That the House be put into a Committee on the said Bill on Monday next."

The same was objected to.

And it being proposed, "That the House be now put into a Committee thereupon:"

The Question was put, "Whether the House shall be put into a Committee upon the said Bill, on Monday next?"

It was Resolved in the Negative.

Ordered, That the House be now put into a Committee upon the said Bill.

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

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

Ordered, That the said Bill be read the Third Time on Monday next; and the Lords to be summoned.

V. Oxfurd's Pet. Witnesses to attend.

Ordered, That David Bruce Merchant in London, and Mathew Bell Dyer in Southwark, do attend the Lords Committees for Privileges on Monday next, to whom is referred the Petition to His Majesty of James Viscount of Oxfurd; and that Notice of the Meeting of the said Committee be given to His Majesty's Attorney General and His Majesty's Advocate for Scotland.

Militia Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not re-paid; and for making the Militia within the same more useful."

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

Adjourn.

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

DIE Lunæ, 15o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. London.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Richmond.
Dux Marlborough.
Dux Rutland.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
March. Tweeddale.
Comes Leicester.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Winchilsea.
Comes Thanet.
Comes Shaftesbury.
Comes Scarbrough.
Comes Rochford.
Comes Albemarle.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Lymington.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Henton.
Ds. Lynne.
Ds. Carteret.
Ds. Gower.
Ds. Hervey.
Ds. Montjoy.
Ds. Masham.
Ds. Cadogan.
Ds. Monson.
Ds. Malton.
Ds. Lovell.

PRAYERS.

Duties on Arrack, &c. to ascertain, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for ascertaining the Duties upon Arrack; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

And, after some Time spent therein, the House was resumed.

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

Message from H. C. to return Boone's Bill;

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

To return the Bill, intituled, "An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of George Evelyn Esquire, deceased, in Charles Boone Esquire; and for settling another Estate, of greater Value, on the Daughters and Coheirs of the said George Evelyn, in Lieu of, and Exchange for, the same;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Evelyn's Bill;

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

To return the Bill, intituled, "An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose;" and to acquaint the House, that they have agreed to the same, without any Amendment.

and Scawen's Bill.

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

To return the Bill, intituled, "An Act to enable Thomas Scawen Esquire and others to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate, purchased by the said Thomas Scawen, in England, of greater Value, to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Assaults with Intent to rob, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual Punishment of Assaults with Intent to commit Robbery."

And, after some Time spent therein, the House was resumed.

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

Redemption of Mortgages, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages."

And, after some Time spent therein, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereunto; (videlicet,)

"Press 4, Line 2. After ["Hereditaments"], insert ["and upon his or their admitting the Right and Title of the Plaintiff or Plaintiffs in such Suit"]."

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

Paschall against L Carteret & al.:

Upon reading the Petition of John Lord Carteret and Sir Clement Cottrell Knight, Two of the Respondents (Trustees of the Countess of Granville) to the Appeal of Elizabeth Paschall; praying, "That the Petitioners may be at Liberty to revive their Cause, in the Court of Chancery, against Mark Thurston Esquire, Executor of Susanna Herbert, and Administrator of Doctor John Herbert; and that the Master to whom the Causes stand referred in the Court of Chancery may so far proceed (notwithstanding the said Appeal) as to appoint a Receiver of the Rents and Profits of the Estate in Question, pursuant to the Decree or Order of the said Court complained of, subject to the Order of this House on hearing the said Appeal:"

Receiver to be appointed.

It is Ordered, That the Master do appoint a Receiver, notwithstanding the said Appeal, according to the Prayer of the said Petition.

Election of Members in Scotland, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote, as Members of the House of Commons."

And, after some Time spent therein, the House was resumed.

Sinking Fund, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-four; and for appropriating the Supplies granted in this Session of Parliament."

After Debate;

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

It was Resolved in the Affirmative.

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

A Message was sent to the House of Commons, by Mr. Holford and Mr. John Bennet:

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

Against forging Acceptance of Bills of Exchange, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money, or Delivery of Goods."

And, after some Time spent therein, the House was resumed.

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

Elections in Scotland to regulate, Bill.

The House being moved, "That the Report of the Amendments made by the Committee of the whole House to the Bill for the better regulating the Election of Members for that Part of Great Britain called Scotland, be now made:"

The same was objected to.

After Debate;

The Question was put, "Whether the said Report shall be now received?"

It was Resolved in the Affirmative.

Accordingly the Earl of Warwick reported from the said Committee, the Amendments made by their Lordships to the said Bill.

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

Militia Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not re-paid; and for making the Militia within the same more useful."

And, after some Time spent therein, the House was resumed.

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

Brodie against Areskine:

The House was informed, "That the Parties in the Cause wherein Alexander Brodie Esquire is Appellant, and David Areskine Respondent, had accommodated the Matter in Question between them; and were willing that the Appeal of the said Alexander Brodie might be dismissed."

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

And being withdrawn:

Appeal dismissed.

It is Ordered, That the said Appeal be dismissed accordingly.

Adjourn.

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

DIE Martis, 16o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. London.
Epus. Oxon.
Epus. Sarum.
Epus. Roffen.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Bangor.
Epus. Landav.
Epus. Asaphen.
Epus. Menev.
Epus. Bristol.
Ds. Talbot, Cancellarius.
Comes Wilmington, Præses.
Viscount Lonsdale, C. P. S.
Dux Devon, Senescallus.
Dux Rutland.
Dux Montagu.
Dux Athol.
Dux Montrose.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
March. Tweeddale.
Comes Northampton.
Comes Warwick & Holland.
Comes Westmorland.
Comes Winchilsea & Nottingham.
Comes Thanet.
Comes Scarbrough.
Comes Rochford.
Comes Jersey.
Comes Cholmondeley.
Comes Craufurd.
Comes Rothes.
Comes Morton.
Comes Buchan.
Comes Selkirk.
Comes Dunmore.
Comes Orkney.
Comes Stair.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Viscount Say & Seale.
Viscount Cobham.
Viscount Torrington.
Ds. Harrington, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Clinton.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Lovelace.
Ds. Henton.
Ds. Guilford.
Ds. Gower.
Ds. Montjoy.
Ds. Masham.
Ds. Cadogan.
Ds. Hobart.
Ds. Monson.
Ds. Malton.
Ds. Lovell.
Ds. Hardwicke.

PRAYERS.

Elections in Scotland to regulate, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote, as Members of the House of Commons."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Holford and Mr. John Bennet:

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence."

Redemption of Mortgages, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages."

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

It was Resolved in the Affirmative.

Message to H. C. with an Amendment 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, with One Amendment, whereunto their Lordships desire their Concurrence.

Duties on Arrack, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for ascertaining the Duties upon Arrack; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

It was Resolved in the Affirmative.

Assaults to commit Robbery, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual Punishment of Assaults with Intent to commit Robbery."

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

It was Resolved in the Affirmative.

Against forging the Acceptance of Bills of Exchange, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or Principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money, or Delivery of Goods."

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

It was Resolved in the Affirmative.

Militia Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not re-paid; and for making the Militia within the same more useful."

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 Four preceding Bills.

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

To acquaint them, that the Lords have agreed to the Four last mentioned Bills, without any Amendment.

Messages from thence, to return the Redemption of Mortgages, Bill;

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

To return the Bill, intituled, "An Act for the more easy Redemption and Foreclosure of Mortgages;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

and the Bill for regulating Elections in Scotland.

A Message was brought from the House of Commons, by Sir Robert Monroe and others:

To return the Bill, intituled, "An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session or Barons of the Court of Exchequer in Scotland to be elected, or to sit or vote, as Members of the House of Commons;" and to acquaint this House, that they have agreed to their Lordships Amendments made to the said Bill.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King presents.

His Majesty being seated on His Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand, and the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a Speech to His Majesty in relation to the Money Bills to be passed, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles of those and the other Bills ready for the Royal Assent, as follow:

Bills passed.

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised for the Service of the Year One Thousand Seven Hundred and Thirtyfour."

"2. An Act for enabling His Majesty to apply the Sum of One Million Two Hundred Thousand Pounds, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirtyfour; and for appropriating the Supplies granted in this Session of Parliament."

"3. An Act to enable His Majesty to continue and settle an Annuity of Five Thousand Pounds on the Princess Royal, during the Term of her natural Life, in case she shall survive His Majesty."

"4. An Act for ascertaining the Duties upon Arrack; and for giving further Time to Clerks and Apprentices to pay Duties omitted to be paid for their Indentures and Contracts."

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

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

"5. An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session, Court of Justiciary, and Barons of the Court of Exchequer, in Scotland, to be elected, or to sit or vote, as Members of the House of Commons."

"6. An Act to prevent the infamous Practice of Stockjobbing."

"7. An Act to indemnify Persons who have omitted to qualify themselves for Employments or Offices, by taking the Oaths, and making and subscribing the Declaration against Transubstantiation, and receiving the Sacrament; and to allow them further Time for that Purpose; and to enable the Vice Chancellor of the University and Mayor of the Town of Cambridge to act as Justices of the Peace for the County of Cambridge, notwithstanding the Act for the further Qualification of Justices of the Peace."

"8. An Act to explain an Act passed in the last Session of Parliament, intituled, "An Act for the converting a further Part of the Capital Stock of the South Sea Company into Annuities, redeemable by Parliament; and for settling the remaining Part of the said Stock in the said Company;" so far as the said Act relates to the paying off the Bonds of the said Company."

"9. An Act to settle how far Owners of Ships shall be answerable for the Acts of the Masters or Mariners."

"10. An Act for naturalizing the most Serene Prince William Charles Henry Friso, Prince of Orange and Nassau."

"11. An Act for the Application and Disposal of the Residue of the Money raised, by Way of Lottery, on the Credit of an Act made in the last Session of Parliament, for the Relief of such Sufferers in the Charitable Corporation as are Objects of Compassion, according to the Descriptions therein mentioned."

"12. An Act for the Revival of an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, An Act for the free Importation of Cochineal, during the Time therein limited; and also for the free Importation of Indico."

"13. An Act for the more effectual preventing the clandestine Importation of Foreign Hops into Great Britain and Ireland; and to prevent the adulterating or sophisticating of Hops, to alter the Colour or Scent thereof."

"14. An Act for the more effectual Punishment of Assaults with Intent to commit Robbery."

"15. An Act for the more easy Redemption and Foreclosure of Mortgages."

"16. An Act for the more effectual preventing the forging the Acceptance of Bills of Exchange, or the Numbers or principal Sums of accomptable Receipts for Notes, Bills, or other Securities for Payment of Money, or Warrants or Orders for Payment of Money or Delivery of Goods."

"17. An Act for raising the Militia of that Part of Great Britain called England, although the Month's Pay formerly advanced be not re-paid; and for making the Militia within the same more useful."

"18. An Act to explain and make more effectual the Laws in being, to oblige the Possessors of Lands, adjacent to Common Highways, to cut and keep low such Hedges as are adjoining to the said Highways."

"19. An Act for continuing, explaining, and making more effectual, Two Acts of Parliament, one of the Third, and the other of the Eighth, Year of the Reign of His late Majesty King George the First, for repairing the Highways from the several Places in the said Acts mentioned, to Highgate Gatehouse and Hampslead, in the County of Middlesex; and for amending the Roads from the South End of the said Town of Hampstead, to the further End of Burrough Lane, in the Parish of Hendon; and for repairing other Roads therein mentioned, lying in the Parish of Islington, in the said County."

"20. An Act for making more effectual an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, intituled, "An Act for the more effectual amending the Highways leading from Royston, in the County of Hertford, to Wandsford Bridge, in the County of Huntingdon," so far as the same relates to the amending that Part of the Road as lies between a Place called The White Post, upon Alconbury Hill, and Wandsford Bridge, in the said County of Huntingdon, called The North Division."

"21. An Act to explain and amend an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, An Act for the better regulating the Manufacture of Cloth, in the West Riding of the County of York."

"22. An Act to extend the Navigation of the River Weaver, from Winsford Bridge, to the Town of Namptwich, in the County of Chester."

"23. An Act for granting to Samuel Buckley, Citizen and Stationer of London, the sole Liberty of printing and re-printing the Histories of Thuanus, with Additions and Improvements, during the Time therein limited."

"24. An Act for making the Church of Bablack, in the City of Coventry, a Parish Church; and for appointing a District or Parish thereto; and for enabling the Master and Usher of the Free Grammar School within the said City to be the Rector and Lecturer of the said Parish Church."

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

"Le Roy le veult."

"25. An Act for vesting certain Lands and Tenements, lying contiguous to the Citadel of Plymouth, being the Estate of William Strode, an Infant, in Trustees, in order to sell and convey the same to or for the Use of His Majesty."

"26. An Act for supplying an Omission in a former Act of Parliament, to enable Richard Earl of Burlington to grant Leases of Ground behind Burlington House."

"27. An Act to enable the Trustees and Executors of the last Will and Testament of John Vanden Bempde Esquire, deceased, to lay out Part of the said Testator's Trust Estate in the Purchase of Securities affecting the Marquis of Annandale's Estate in Scot land, and carrying Interest after the Rate of Five Pounds per Centum per Annum, to be assigned to the said Trustees, to and for the same Uses and Trusts as by the said Will are declared of and concerning the said Trust Estate."

"28. An Act for vesting in Sir Theodore Janssen Knight and Baronet, and his Heirs, the Remainder in Fee Simple, now in the Crown, expectant on the Determination of certain Estates Tail, of and in the Manor and Advowson of Ower Moigne, in the County of Dorset, and several Lands and Hereditaments to the same Manor belonging."

"29. An Act for enabling Thomas Scawen Esquire and others to sell an Estate in Ireland, settled by Sir William Scawen's Will; and settling another Estate, purchased by the said Thomas Scawen; in England, of greater Value, to the same Uses."

"30. An Act for the Sale of the Manor of Hopsford, in the County of Warwick, for raising Money, towards discharging the Debts and Incumbrances of Elizabeth late Dutchess of Hamilton and Brandon, deceased."

"31. An Act for discharging a certain Piece of Ground, called The Pesthouse Field, from certain Charitable Trusts; and for settling another Piece of Ground, of equal Extent, and in a more convenient Place, upon the same Trusts."

"32. An Act for vesting certain Houses in Blechingly, in the County of Surrey, late the Estate of George Evelyn Esquire, deceased, in Charles Boone Esquire; and for settling another Estate, of greater Value, on the Daughters and Coheirs of the said George Evelyn, in Lieu of, and Exchange for, the same."

"33. An Act for vesting Part of the Estate late of George Evelyn Esquire, deceased, in the County of Surrey, in Trustees, in order to sell and convey the same to Charles Boone Esquire, pursuant to an Agreement for that Purpose."

"34. An Act for enclosing the Common or Waste called Lightwood Forest, otherwise Cocknage Banks, and Blurton Common, in the Manor and Parish of Trentham, in the County of Stafford."

"35. An Act for confirming and making effectual several Articles of Agreement, made for enclosing and dividing the Common Fields of Great Cleybrooke and Little Cleybrooke, in the County of Leicester."

"36. An Act for confirming a Conveyance of divers Lands and Hereditaments, in the County of Durham, late the Estate of John Morland Esquire, deceased, for Payment of his Debts and Incumbrances."

"37. An Act for the Sale of the Manor, Farm, and Lands of Encombe, in the County of Dorset, Part of the Estate of John Culliford Esquire, deceased, for Payment of the Debts and Incumbrances charged upon and affecting the same."

"38. An Act to enable Joseph Wyndham Esquire, and his Issue Male, to take and use the Surname of Ashe, pursuant to the last Will and Testament of Dame Mary Ashe."

"39. An Act to naturalize Anne Judith Bristowe, Wife of John Bristowe Esquire."

"40. An Act to naturalize Bartold Bull."

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

"Soit fait comme il est desiré."

Then His Majesty spake as follows:

His Majesty's Speech.

"My Lords, and Gentlemen,

"I give you My hearty Thanks, for the great Dispatch you have given to the Public Business; and for the Confidence you have reposed in Me, for the Honour and Security of My Kingdom. So short a Session, at so critical and important a Conjuncture, concluded with so much Unanimity and so just a Regard for the true Interest of the Nation, will give great Weight and Credit to all our Public Transactions; and procure that Respect and Dependence upon the Great Council of this Nation, which are so necessary to support the Honour and Interest of Great Britain, both at Home and Abroad.

"Gentlemen of the House of Commons,

"I must acknowledge in a particular Manner the Zeal and Readiness which you have shewn, in raising in so effectual a Manner the necessary Supplies for the Service of the Year. The Provision you have made for paying off great Part of the Debt of the Navy; a Debt necessarily and unavoidably incurred, and carrying a higher Interest than the old National Debt, and which, being at a Discount, increased the Charge and Expence in all Contracts of the Navy and Victualing; must certainly be thought of singular Service to the Public.

"My Lords, and Gentlemen,

"The Time limited for the Expiration of this Parliament drawing near; I have resolved forthwith to issue My Proclamation, for the dissolving of it, and for calling a new Parliament, that the Inconveniencies unavoidably attending a general Election may be put an End to as soon as possible: But I should think Myself inexcusable, if I parted with this Parliament without doing them the Justice to acknowledge the many signal Proofs they have given, through the Course of Seven Years, of their Duty, Fidelity, and Attachment, to My Person and Government, and their constant Regard to the true Interest of their Country.

"The Prosperity and Glory of My Reign depend upon the Affection and Happiness of My People; and the Happiness of My People upon My preserving to them all their legal Rights and Privileges, as established under the present Settlement of the Crown in the Protestant Line: A due Execution and strict Observance of the Laws, are the best and only Security both to Sovereign and Subject; their Interest is mutual and inseparable; and therefore their Endeavours, for the Support of each other, ought to be equal and reciprocal: Any Infringement or Encroachment upon the Rights of either, is a Diminution of the Strength of both; which, kept within their due Bounds and Limits, make that just Balance which is necessary for the Honour and Dignity of the Crown, and for the Protection and Prosperity of the People: What depends upon Me shall, on My Part, be religiously kept and observed; and I make no Doubt of receiving the just Returns of Duty and Gratitude from them.

"I must in a particular Manner recommend it to you, and from your known Affection do expect, that you will use your best Endeavours to heal the unhappy Divisions of the Nation, and to reconcile the Minds of all who truly and sincerely wish the Safety and Welfare of the Kingdom. It would be the greatest Satisfaction to Me, to see a perfect Harmony restored amongst them that have one and the same Principle at Heart, that there might be no Distinction but of such as mean the Support of our present happy Constitution in Church and State, and such as wish to subvert both. This is the only Distinction that ought to prevail in this Country; where the Interest of King and People is one and the same, and where they cannot subsist but by being so. If Religion, Liberty, and Property, were never at any Time more fully enjoyed, without not only any Attempt, but even the Shadow of a Design, to alter or invade them; let not these sacred Names be made Use of as artful and plausible Pretences to undermine the present Establishment, under which alone they can be safe.

"I have nothing to wish, but that My People may not be misguided: I appeal to their own Consciences for My Conduct; and hope the Providence of God will direct them in the Choice of such Representatives as are most fit to be trusted with the Care and Preservation of the Protestant Religion, the present Establishment, and all the Religious and Civil Rights of Great Britain."

His Majesty's Speech being ended; the Lord Chancellor received His Majesty's Commands; and, being returned to his former Place, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Fourteenth Day of May next: And this Parliament is accordingly prorogued to Tuesday the Fourteenth Day of May next."

Hitherto examined by us, together with the Four Petitions omitted, as mentioned in Page 389.

Bridgewater.
Abingdon.
Findlater & Seafield.
Oxford & Mortimer.

N. St. Davids.

" (fn. 4) By the KING.

"A Proclamation for dissolving this present Parliament, and declaring the calling of another.

"GEORGE R.

"WHEREAS We have thought fit, by and with the Advice of Our Privy Council, to dissolve this present Parliament, which now stands prorogued to Tuesday the Fourteenth Day of May next; We do for that End publish this Our Royal Proclamation; and do hereby dissolve the said Parliament accordingly: And the Lords Spiritual and Temporal, and the Knights, Citizens, and Burgesses, and Commissioners for Shires and Boroughs, of the House of Commons, are discharged from their Meeting and Attendance on Tuesday the said Fourteenth Day of May next.

"And, being desirous and resolved, as soon as may be, to meet Our People, and have their Advice, in Parliament, do hereby make known to all Our loving Subjects Our Royal Will and Pleasure, to call a new Parliament; and do hereby further declare, that, with the Advice of Our Privy Council, We have this Day given Order to Our Chancellor of Great Britain, to issue out Writs, in due Form, for calling a new Parliament; which Writs are to bear Teste on Thursday the Eighteenth Day of this Instant April, and to be returnable on Thursday the Thirteenth Day of June next.

"Given at Our Court at St. James's, the Seventeenth Day of April, 1734, in the Seventh Year of Our Reign.

"GOD save the KING!"

Footnotes

1 Origin. Dux.
2 Sic.
3 Bis in Originali.
4 This Proclamation is printed, and bound in with the Original.