May 1735

DIE Jovis, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shoreditch Church, Bill.

The Lord Bishop of Durham reported from the Lords Committees to whom the Bill, intituled, "An Act for re-building the Parish Church of St. Leonard Shoreditch, in the County of Middlesex," 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."

Kent's Petition; the Plaintiff in a Writ of Error being dead.

A Petition of Katherine Kent Widow, Defendant in a Writ of Error depending in this House, wherein Robert Kent Gentleman and James May Esquire are Plaintiffs, was presented, and read; praying, "In regard the said Robert Kent is lately dead, that the Petitioner's Case may be taken into Consideration, and such Order made therein as to this House shall seem meet."

Ordered, That the said Petition be referred to the Lords following; who are appointed a Committee to consider thereof, and report to the House what they shall think proper thereupon:

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

D. of Queensbury's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxon; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses," was committed: "That the Committee had considered of the said Bill, and examined the Allegations thereof, which they found to be true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

E. of Peterborow's Bill.

The Lord Delawarr made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for exchanging of Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford," was committed.

Ordered, That the said Bill be engrossed.

High Bailiff to prevent Stoppages in the Streets.

The House being informed, "That the High Bailiff of Westminster attended, pursuant to the Order Yesterday:"

He was called in; and told by the Lord Chancellor,

"That the Lords had complained of their being interrupted in coming to the House, notwithstanding their Lordships Order at the Beginning of the Session to prevent Stoppages in the Streets."

Whereupon the said High Bailiff endeavoured to excuse himself, by alleging, "That the said Stoppages were occasioned by a Neglect in the Under Officers, through a Mistake they were lately fallen into; but assured the House, That, for the future, the said Order should be punctually complied with."

And then, he being enjoined by the Lord Chancellor to take Care the said Order be strictly observed for the future, he was directed to withdraw.

Land Tax, Bill.

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

With a Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-five;" to which they desire the Concurrence of this House.

Lincoln's Inn Fields, to adorn, Bill.

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

With a Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Lincoln's Inn Fields, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, clean, and adorn, the said Fields;" to which they desire the Concurrence of this House.

Imprisonment of Debtors, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons;" to which they desire the Concurrence of this House.

Highgate and Hampstead Roads, Bill.

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

With a Bill, intituled, "An Act to explain and make more effectual the several Acts made and passed for repairing the Highways leading to Highgate Gatehouse and Hampstead, in the County of Middlesex, so far as the same relate to the Statute Work to be done upon the said Highways, or Compositions to be made in Lieu of the same;" to which they desire the Concurrence of this House.

The Four last mentioned Bills were all read the First Time.

Indemnifying Protestant Purchasers, Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists against the Penalties or Forfeitures Papists are liable to, for not registering their Estates, or for not having enroled the same, in Pursuance of the Acts of the First and Third Years of King George the First for that Purpose," was committed: "That they had considered the said Bill, and gone through the same, and made several Amendments thereunto."

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

Newell & al. to answer Mason's Appeal.

The House was informed, "That, on the 21st of March last, Charles Mason Esquire lodged his Appeal, complaining of Part of Two Orders of the Court of Chancery; and thereupon obtained an Order, "That Joseph Newell His Majesty's Attorney General and Sir Bybye Lake should put in their Answer or respective Answers thereunto, in a Fortnight;" but the Appellant hath not been able to serve the said Order personally."

And the Time for answering being elapsed:

It is (at the Appellant's Desire) Ordered, That the Respondents above mentioned may have a Copy of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 15th Day of this Instant May.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxon; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses."

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

It was Resolved in the Affirmative.

E. Peterborew's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for exchanging of Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford."

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

It was Resolved in the Affirmative.

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

And Messages were severally sent to the House of Commons, by Mr. Lightboun and Mr. Thomas Bennet:

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

Eastoun & al. against Stirling.

After hearing Counsel, in Part, in the Cause wherein Robert Eastoun and others are Appellants, and William Stirling is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow; and that the Cause which stands for that Day be put off to Monday next; and the other Causes on Cause-days removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ld. Dudley takes his Seat.

William Lord Dudley and Ward sat first in Parliament after the Death of his Nephew Edward Lord Dudley and Ward; having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Message from H. C. to return Chedleton Commons Enclosure, Bill;

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

To return the Bill, intituled, "An Act for appointing Commissioners, to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chedleton, in the County of Stafford, among the Proprietors, in order to enclose the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Tregeare a Bill.

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

To return the Bill, intituled, "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus Money arising by such Sale, in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

Report Committee on Kent's Petition, concering Writ of Error.

The Earl of Warwick reported from the Lords Committees appointed to consider of the Petition of Katherine Kent Widow, Defendant in a Writ of Error, wherein Robert Kent and James May are Plaintiffs; praying, "In regard the said Robert Kent is lately dead, that the Petitioner's Case may be taken into Consideration, and such Order made therein as to the House shall seem meet:" That the Committee had met, and considered the Matter to them referred; and it appearing that the said Writ of Error is abated by the Death of the said Robert Kent, the Committee are of Opinion, That the Record should be remitted back to the Court of King's Bench, unless the surviving Plaintiff in Error, and the proper Representative or Representatives of the said Robert Kent, do bring in a new Writ of Error on or before the 3d Day of the next Session of Parliament."

Which Report, being read Twice by the Clerk, was agreed to by the House; and ordered accordingly.

Eastoun & al. against Stuling:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Robert Eastoun, William Spears, James Young, Alexander Hardic, Thomas Calder, John Bennie, Alexander Muirbead, Jean Murlead, James Currier, William Baird, William Gentles, John Waddell, Andrew Duk, Robert Rochead, Alexander Gentles, Mr. William Young, James Henderson, Robert Stark, Captain Thomas Mallard, John Callender, John Davie, Mr. John Watson, George Rennie of Castlerankine, James Brown, William Hay of Glenhead, John Hay, William Hay of Connartoun, Robert Stephenson, John Stark, John Grant, William Muirhead, John Renme of Harvies Mcalling, John Angus, Marcus Scot, William Hay of Bowridge, Alexander Bryceson, David and John Rènnies of Tongue, John Rennie of Fisheraiker, Robert Ronald, James Short, James Aiken, William Thomson, James Hay, James Wilson, William Laing, Andrew Muirbead, John Monteith, Alexander Muirhead of Castlerankine, George Rennie of Thomastoun, John Rennie, John Toward, Thomas Heugh, John Muirhead, George Young, William Gilles, Jean White, Robert Hay, John Auchie, all Feuers of Denny, for themselves, and in Name and Behalf of their Tenants and others concerned; complaining of Two Interlocutors of the Lord Ordinary, of the 10th of July and 29th of November 1733; and also of an Interlocutor of the Lords of Session, of the 26th of February following; and praying, "That the same may be reversed:" As also upon the Answer of William Stirling of Herbertshire Esquire put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Interlocutor of the Lords of Session in Scotland, of the 26th of February 1733/4, complained of in the said Appeal, be, and the same is hereby, reversed: And it is hereby Declared, That the Order and Judgement of this House, made the 27th of February 1732, upon hearing Counsel on an Appeal of the same Appellants, does not prevent the said Lords of Session from considering the Pregnancy of the Proofs, whereof the Lord Ordinary, by his Interlocutor of the 25th of February 1731/2, took the Advisandum to himself; but that the Lords of Session are at Liberty to consider the Pregnancy thereof, and to determine accordingly: And it is further Ordered, That it be remitted to the Lords of Session, to proceed in the Cause.

Land Tax, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyfive."

Ordered, That the said Bill be committed to a Committee of the whore House, To-morrow.

Lincoln's Inn Fields, to adorn, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Lincoln's Inn Fields, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, clean, and adorn, the said Fields."

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

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

Hampstead, &c. Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and make more effectual the several Acts made and passed for repairing the Highways leading to Highgate Gatehouse and Hampstead, in the County of Middlesex, so far as the same relate to the Statute Work to be done upon the said Highways, or Compositions to be made in Lieu of the same."

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

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

Debtors Imprisonment, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

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

Shoreditch Church, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for re-building the Parish Church of St. Leonard Shoreditch, in the County of Middlesex."

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

It was Resolved in the Affirmative.

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

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

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

Adjourn.

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

DIE Sabbati, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Protestant Purchasers indemnifying, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists against the Penalties or Forfeitures Papists are liable to, for not registering their Estates, or for not having enroled the same, in Pursuance of the Acts of the First and Third Years of King George the First for that Purpose."

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. Elde and Mr. Allen:

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

Land Tax Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirty-five."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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."

Tregeare's Bill:

The House proceeded to take into Consideration the Amendment made by the Commons to the Bill, intituled, "An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus-money arising by such Sale in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs."

And the same, being read Thrice by the Clerk, was agreed to by the House.

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

Sir W. Gordon to amend his Appeal.

Upon reading the Petition of Sir William Gordon and others; praying, "In regard they are advised their Appeal is defective, that the same may be amended:"

It is Ordered, That the Petitioners be at Liberty to amend the said Appeal, as desired, they amending the Respondent's Copy; and that the Respondent do put in her Answer to the said Appeal, when amended, in Four Weeks.

Adjourn.

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

DIE Lunæ, 5^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Land Tax, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Thirtyfive."

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. Allen:

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

Report Committee Privileges on Ld. Dudley and Ward's Petition.

The Earl of Warwick reported from the Lords Committees for Privileges, to whom was referred the Petition of William Lord Dudley and Ward; praying to be put into Possession of all such Lands as the Earl and Countess of Meath obtained Possession of by or under Orders of the House of Lords in Ireland: "That the Committee, having met, inquired in the First Place, Whether any Notice had been given of the said Petition to the Person or Persons who is or are concerned in the Matters in Question? and were informed, by the Agent for the said Lord Dudley and Ward, "That he believed no Notice had been given of it, such Person or Persons, as he had been told, being in Ireland:" Wherefore the Committee are of Opinion, That Notice ought to be given to such Person or Persons who is or are in Possession, or in the Receipt of the Rents and Profits, of the Estate in Question, in order for the further proceeding on the Matter of the said Petition; and that Proof of such Notice be made on or before the Third Day of the next Session of Parliament."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

Hearing of Causes restrained.

Ordered, That this House will, after the Cause appointed for this Day, hear only the Cause wherein Henry Berkley Esquire and others are Appellants, and John Fox and others Respondents, which stands to be heard on Wednesday next, during this Session of Parliament.

Giffard against Webb.

After hearing Counsel, upon the Petition and Appeal of John Giffard Clerk; complaining of a Decree of the Court of Exchequer, made the 14th Day of July 1731, in a Cause wherein the Appellant was Plaintiff, and John Webb Defendant; and also of Two Orders of the said Court, bearing Date the 28th of November 1732 and 9th of December following; and likewise another Order of the same Court, of the 8th of February 1732, whereby so much of the Appellant's Bill as related to the Demand of Tithe Lambs was dismissed with Costs; and praying, "That the same may be reversed:" As also upon the Answer of the said John Webb put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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

Henley, &c. against Lincoln's Inn Fields, Bill.

Upon reading the Petition of Anthony Henley Esquire and William Cowper Esquire; praying to be heard, by their Counsel, in relation to the Bill for adorning Lincoln's Inn Fields:

It is Ordered, That the said Petition be referred to the Committee to whom the said Bill stands committed; and that the Petitioners may be heard, as desired, before the said Committee; as may also Counsel for the Bill at the same Time; and that the said Committee, which was appointed to meet To-morrow, do meet on Wednesday next.

Adjourn.

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

DIE Martis, 6^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Heron & al. against the King's Advocate.

The Answer of Duncan Forbes Esquire, His Majesty's Advocate for Scotland, on Behalf of His Majesty, to the Appeal of Patrick Heron Esquire and others, was brought in.

Wrongous Imprisonment in Scotland, Bill:

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

With a Bill, intituled, "An Act for explaining and amending an Act passed in the Parliament of Scotland, in the Year One Thousand Seven Hundred and One, intituled, An Act for preventing wrongous Imprisonment, and against undue Delays of Trials;" to which they desire the Concurrence of this House.

Application of E. Derwentwater Estate, Bill:

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

With a Bill, intituled, "An Act for the Application of the Rents and Profits of the Estates forfeited by the Attainder of James late Earl of Derwentwater and Charles Radcliffe;" to which they desire the Concurrence of this House.

Encouragement of Learning, Bill:

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

With a Bill, intituled, "An Act for the better Encouragement of Learning, and the more effectual securing of the Copies of printed Books to the Authors or Purchasers of such Copies, during the Times therein mentioned; and for repealing an Act passed in the Eighth Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Encouragement of Learning, by vesting the Copies of printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned;" to which they desire the Concurrence of this House.

The said Bills were all read the First Time.

Hampstead, &c. Road, Bill:

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and make more effectual the several Acts made and passed for repairing the Highways leading to Highgate Gatehouse and Hampstead, in the County of Middlesex, so far as the same relate to the Statute Work to be done upon the said Highways, or Compositions to be made in Lieu of the same," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were sound 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."

Mac Donnell's Bill:

The Report of the Judges to whom was referred the Bill, intituled, "An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, "An Act for the Relief of Hannah M^cDonnel, with relation to the for feited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate therein mentioned," was read; as was also the said Bill a Second Time.

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

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

Quin against Langley.

Upon reading the Petition and Appeal of Valentine Quin Esquire; complaining of Two several Orders of the Court of Exchequer in Ireland, of the 10th of December and 15th of February 1734, and the subsequent Proceedings thereon, in a Cause wherein Samuel Langley, Heir and Executor of his Mother Mary Langley, and Heir to Anthony Langley his Brother, by Bill of Revivor and Supplemental Bill, was Plaintiff, and the Appellant and others, Tenants in Possession of the Premises in Question, were Defendants; and praying, "That the same may be reversed:"

It is Ordered, That the said Samuel Langley may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 10th Day of June next; and that Service of this Order on the said Respondent, his Attorney or Agent in the said Court of Exchequer, be deemed good Service.

Messages from H. C. to return Sir C. Gilmour's Bill;

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

To return the Bill, intituled, "An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands and Baronies of Craigmillar and Nether Liberton, for Payment of Debts with which the said Estate stands charged and encumbered;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and L. Polwarth'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 Hugh Hume Campbell, commonly called Lord Polwarth, and others, to sell Land in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of the like Value, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Encouragement of Learning, Bill:

Ordered, That the Bill read the First Time this Day, for the better Encouragement of Learning, be read a Second Time on Friday next.

Wrongous Imprisonment in Scotland, Bill:

Ordered, That the Bill read the First Time this Day, for preventing wrongous Imprisonment, and against undue Delays in Trials, be read a Second Time also on Friday next; and the Lords to be summoned.

Imprisonment of Debtors.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for Relief of Debtors, with respect to the Imprisonment of their Persons."

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

Adjourn.

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

DIE Mercurii, 7^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Application of late E. of Derwentwater's Estate, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Application of the Rents and Profits of the Estates forfeited by the Attainder of James late Earl of Derwentwater and Charles Radcliffe."

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

Messages from H. C. to return Appleton's Bill.

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

To return the Bill, intituled, "An Act for confirming and establishing a Partition of the Estate of Henry Appleton Esquire, made pursuant to a Decree of the Court of Chancery;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Respondents to Heron's Appeal peremptorily to answer.

A Petition of Alexander Hamilton Gentleman, Agent for Patrick Heron Esquire and others, was presented, and read; praying, "In regard the Order of this House of the 3d of April last, requiring Mr. George Douglas and the Ministers of the Parishes within the Priory of Whitborn to answer the Appeal of the said Patrick Heron, has been duly served; that a peremptory Day may be appointed, for the said Respondents to put in their Answers thereunto."

And thereupon an Affidavit made by the Petitioner, and another made by Robert M^cMurray Notary Public, of the said Service, being read:

Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Berkeley et al. against Fox al.:

After hearing Counsel, upon the Petition and Appeal of Henry Berkley Esquire, Jane Craplyn Widow, Robert Lackford, Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix; complaining of a Decree, or Order of Dismission of the Court of Exchequer, made the 16th Day of April 1733, in certain Causes, wherein John Fox Clerk was Plaintiff, and the said Mary Bardwell, James Balls, Thomas Buttrice, Francis Proctor, and William Rix, were Defendants; and in a Cross Cause, wherein all the Appellants were Plaintiffs, and the said John Fox and the Dean and Chapter of Norwich Defendants; and praying, "That the said Decree or Order may be reversed, and such Order made for the Appellants Relief as to the House shall seem proper:" As also upon the Answer of the said John Fox:

No Counsel appearing for the said Dean and Chapter of Norwich; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree or Order of Dismission, complained of in the said Appeal, be, and the same is hereby, reversed: And it is further Ordered, That the said Court of Exchequer do proceed to hear the said Causes, upon the Pleadings and Proofs taken in the said Causes.

Lords added to Committee on Lincoln's Inn Fields Bill:

Ordered, That all the Lords who have been present in the House this Session, and not of the Committee to whom the Bill for adorning Lincoln's Inn Fields stands committed, be added to the said Committee.

Adjourn.

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

DIE Jovis, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Messages from H. C. to return quartering Soldiers at Elections, Bill:

A Message was brought from the House of Commons, by Sir Thomas Sanderson and others:

To return the Bill, intituled, "An Act for regulating the quartering of Soldiers, during the Time of the Elections of Members to serve in Parliament;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

and Cantillon's Bill.

A Message was brought from the House of Commons, by Sir Thomas Sanderson and others:

To return the Bill, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned;" and to acqua nt this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Mae Dennell's Bill:

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Relief of Hannah M'Donnel, with relation to the forfeited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate therein mentioned," stands committed, may meet on a sooner Day than was at first appointed, in regard of the approaching Conclusion of this Session of Parliament:"

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

Hampstead, &c Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and make more effectual the several Acts made and passed for repairing the Highways leading to Highgate Gatehouse and Hampstead, in the County of Middlesex, so far as the same relate to the Statute Work to be done upon the said Highways, or Compositions to be made in Lieu of the same."

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. Spicer and Mr. Edwards:

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

Lincoln's Inn Fields to adorn, Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Lincoln's Inn Fields, in the County of Middlesex, to make a Rate on themselves for raising Money sufficient to enclose, clean, and adorn, the said Fields," was committed: "That they had considered the said Bill; and heard Counsel for Anthony Henly and William Cowper Esquires, upon their Petition; as also Counsel for the Bill; and had gone through it; and that the Committee had directed him to report the same to the House, without any Amendment.

Imprisonment of Debtors, Bill:

The Order being read, for the House to be in a Committee upon the Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons:"

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

Late E. of Derwentwater's Estate, Application of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the Application of the Rents and Profits of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe."

After some Time, the House was resumed.

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

Cantillon's Bill.

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned."

And the same, being read Thrice by the Clerk, were agreed to by the House, and are as follow:

"Press 3. Line 40. Leave out the First ["to"], and insert ["and"].

"Press 4. L. 4. After ["Parliament"], insert ["And whereas Thomas Cantillon Esquire, Brother of the said Richard Cantillon deceased, and the Children of the said Thomas Cantillon, are Legatees for several Sums of Money and certain Annuities, until the said Sums are paid under the said Will; and, as such, are interested in the proper Management of the said Testator's Estate"].

"Press 4. L. 5. After ["Cantillon"], insert ["Thomas Cantillon"].

"L. 13. After ["Garvan"], insert ["and his Executors"].

"L. 17. Leave out ["is"], and insert ["and his Executors are"].

"L. 19. After ["Cantillon"], insert ["Thomas Cantillon"].

"L. 20. After ["or"], insert ["the major Part of them, during all their joint Continuance in the Trust after mentioned; but if they shall be reduced to Two, then, with the Consent and Approbation of the said Two, or any One of them; and afterwards of"].

"L. 23. After ["Cantillon"], insert ["Thomas Cantillon"]; and after ["or"], insert ["the major Part of them during their joint Continuance in the said Trust, or of any One of them when reduced to Two, or"].

"L. 25. After ["by"], insert ["him or her"].

"Press 5. L. 3. After ["Garvan"], insert ["or his Executors"].

"L. 8. After ["Executors"], insert ["or Administrators"].

"L. 9 & 10. Leave out ["the said Mary Anne Cantillon and Henry Furnese, and the"]; and insert ["such Person or Persons as shall have agreed to such Composition, and the Survivors or"].

"L. 10. After ["Executors"], insert ["or Administrators"].

"Press 6. L. 23. After ["Garvan"], insert ["or his Executors"].

"L. 28. After ["all"], insert ["and every"].

"L. 34. Leave out ["and"], and insert ["or"].

"Press 7. L. 10. After the Second ["said"], insert ["Thomas Cantillon"].

"L. 12. After ["Executors"], insert ["or Administrators"]."

Message to H. C. that the Lords agree to Amendments to it.

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

To acquaint them, that the Lords have agreed to the said Amendments.

Quartering Soldiers at Elections, Bill:

The House also proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for regulating the quartering of Soldiers during the Time of the Elections of Members to serve in Parliament."

And the same, being read Thrice by the Clerk, were agreed to by the House; and are as follow:

"Press 1. L. 31, 32, 33. Leave out ["who is hereby required to take Notice of the Time appointed for such Elections or Election"].

At the End of the Bill add;

"Provided always, That the Secretary at War, or, in case there shall be no Secretary at War, then such Person who shall officiate in the Place of the Secretary at War, shall not be liable to any Forfeiture or Incapacity for not sending such Order as aforesaid, upon any Election to be made of a Member to serve in Parliament, on a Vacancy of any Seat there, unless Notice of the making out any new Writ for such Election shall be given to him by the Clerk of the Crown in Chancery, or other Officer making out any new Writ for such Election; which Notice he is hereby directed and required to give with all convenient Speed, after making out the said Writ."

Messages to H. C. that the Lords agree to the Amendments to it.

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

To acquaint them, that the Lords have agreed to the said Amendments.

Adjourn.

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

DIE Veneris, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Message from H. C. to return Mathew & al. Nat. Bill.

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

To return the Bill, intituled, "An Act to naturalize Stephen Mathew, Arnold Rosenhagen, and Jane Elizabeth du Bouchet;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Late E. of Derwentwater's Estate, Application of, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the Application of the Rents and Profits of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe."

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

It was Resolved in the Affirmative.

Lincoln's Inn Fields, to adorn, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable the present and future Proprietors and Inhabitants of the Houses in Lincoln's Inn Fields, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, clean, and adorn, the said Fields."

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 Two preceding Bills.

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

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

Nichol against Knight; and Duel against Smith, in Error.

The Lord Hardwicke, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in Two Writs of Error; in one of which, Daniel Niccoll is Plaintiff, and James Knight Doctor of Divinity, Lessor of John Duell, Defendant; and in the other, Jonathan Smith is Plaintiff, and John Peachy Defendant.

Ordered, That the said Plaintiffs do assign Errors upon both the said Writs of Error on or before Monday next.

M^cDonnell's Bill:

The House (according to Order) took into Consideration the Motion for dispensing with the Standing Order in relation to the Commitment of Private Bills, so far as that the Committee to whom the Bill, intituled, An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Relief of Hannah M^cDonnel, with relation to the forfeited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate therein mentioned," stands committed, may meet sooner than is allowed by the said Standing Order.

Committee shortened.

Ordered, That the said Committee may meet, to consider of the said Bill, at the usual Time and Place, on Monday next.

Encouragement of Learning, Bill.

The Order being read, for the Second Reading of the Bill for the better Encouragement of Learning:

Ordered, That the said Bill be read a Second Time on Monday next.

Against wrongous Imprisonment in Scotland, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for explaining and amending an Act passed in the Parliament of Scotland, in the Year One Thousand Seven Hundred and One, intituled, An Act for preventing wrongous Imprisonment, and against undue Delays in Trials."

Proposed, "To commit the Bill."

After Debate;

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

It was Resolved in the Negative.

Protest against not committing it.

"Dissentient.

"1st, Because, we apprehend a Bill of this Nature, sent up from the House of Commons, ought, at least, to have undergone the Form of a Commitment; fince whatever was unnecessary or wrong in it might there have been left out or amended: But several Matters contained in the Bill seem to us highly expedient to be passed into a Law; for, by the Law of Scotland, as it now stands, any Judge may, by a summary Warrant, commit Persons upon Information signed, without any Oath made, and without convening the Parties before him, or hearing what they can allege in their own Justification, and send them to a remote Prison in any Corner of the Kingdom: No express Words in any Statute do at present forbid such a Practice; and we have great Reason to believe that some Abuse of this unlimited Power did appear before the House of Commons, which might probably give the First Rise to the Bill.

"2dly, Because, as the Habeas Corpus Act is the great Security of the Liberties of this Part of the United Kingdom, it would be, in our Opinion, both unsase and ungenerous, not to extend the same Liberty to the other; for should they, who have hitherto been brave Assertors of their Liberties, find themselves exposed to Oppressions from which the rest of their Fellow Subjects are secured by Law, Necessity may prompt them to attempt by Violence to free themselves; or Revenge provoke them to become the Instruments of Power, and bring us under the same Dependence: And the History of late Times sufficiently convinces us that, in those Reigns when arbitrary Power was designed and attempted in this Kingdom, desperate and adventurous Agents were sent first to try the Experiment in Scotland.

"3dly, Because there was a Provision in the Bill, to prevent an Abuse of seizing Persons on Pretence of Debt, and detaining them till the Elections were over where they had a Right to vote. The Protection granted by the Bill was no more than what every common Court of Justice actually allows to any Evidence whose Presence may be necessary in Matters of much less Consequence; and we cannot help testifying our Surprize, that this Regulation has not already been made over the whole United Kingdom: We hope, however, another Session will not pass, without taking effectual Care to prevent such a dangerous Abuse of Law.

"4thly, Because Experience has shewn us the Benefits which arose (fn. 1) for delivering the Subjects of that Part of the Kingdom from their Vassalage, and freeing them from a servile Dependence on their Superiors: And, we conceive, the Purport of this Bill was nothing more than a natural Extension of the same Measure. It would have been the most proba ble, if not the only Method, to eradicate any remaining Disaffection, though we have no Ground to suppose from any late Transactions that there is any such; on the contrary, those who were thought the most disaffected have lately appeared sufficiently tractable. But what Dissatisfaction the rejecting such a Bill may create, even amongst the best Subjects, and those who have always been most attached to the present Establishment, we cannot reflect upon without Concern; for, as the Union was made in Support of the present Establishment, which is founded upon the Revolution, and the Revolution upon Principles of Liberty, they who have always asserted those Principles may (as we apprehend) justly complain, that the Liberty of the Subject is not equally secured in every Part of the United Kingdom.

"5thly, Because we are apprehensive it will appear very extraordinary to the World, that a Bill for the Security of the Liberty of the Subject should have been thrown out of this House without a Commitment, when so many Bills have passed for laying on or continuing severe and heavy Duties upon them. Remote Apprehensions, Dangers barely possible, and Suspicions of Disaffection, have been Arguments formerly made Use of, on the Side of the Crown, for enacting the severest Penal Laws upon the Subject; and we conceive it still more incumbent on the Legislature to be watchful over the Liberties of the People committed to their Care, since it is much easier to restrain Liberty from running into Licentiousness, than Power from swelling into Tyranny and Oppression.

"6thly, Because, Liberty being the common Birthright of all Mankind, and still preserved to this Nation by the Wisdom and Courage of our Ancestors, we think an Infringement of that Right, though but for an Hour, by wrongful Imprisonment, is not only an Injury to the Person immediately concerned, but a notorious Invasion of the Constitution. We should not deserve those Liberties ourselves, if we did not take the most effectual Methods to transmit them in their full Extent to latest Posterity; and to restrain, by proper Laws, any flagitious Attempts of Ministers, prompted by Ambition or drove by Despair, who may at any Time hereafter endeavour to undermine or attack them. Humanity and Generosity particularly call upon us, who are distinguished by many Privileges and Advantages peculiar to ourselves, to secure to the People that Liberty which they have an equal Right to with us; a Blessing the meanest Subject of this Kingdom ought ever to enjoy in common with the greatest.

"Chesterfield.
Montjoy.
Coventry.
Gower.
Suffolk.
Haversham.
Litchfield.
Boyle.
Cobham.
Oxford & Mortimer.
Bathurst.
Foley.
Strafford.
Winchilsea & Nottingham.
Thanet.
Northampton.
Berkshire."

Ordered, That the said Bill be rejected.

Order when the King is present, to be considered.

Ordered, That the Lords following be appointed a Committee, to consider of the Order and Method to be observed in this House when His Majesty comes here:

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

Imprisonment of Debtors, Bill.

Whereas To-morrow is appointed, for the House to be in a Committee on the Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons:"

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

Adjourn.

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

DIE Lunæ, 12^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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

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

To return the Bill, intituled, "An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxon; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and the E. of Peterborow's Bill.

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

To return the Bill, intituled, "An Act for exchanging Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Plan of the Gallery in the House to be brought.

Ordered, That the Officers of His Majesty's Works do attend the Lords Committees appointed to consider of the Order and Method to be observed in this House when His Majesty comes here, with a Plan of the Gallery formerly erected in the House, and any other Plan, or Plans, which they may think proper or convenient for a Gallery.

Books printed for Cuill, to be seized.

Notice was taken to the House, of an Advertisement printed in the News Paper, intituled, "The Daily-Post-Boy, Monday, May 12, 1735," in these Words; (videlicet,)

"This Day are published, and most beautifully printed, Price 5 s. Mr. Pope's Literary Correspondence for Thirty Years, from 1704 to 1734, being a Collection of Letters, regularly digested, written by him to the Right Honourable the late Earl of Halifax, Earl of Burlington, Secretary Craggs, Sir William Trumbull, Hon. J. C., General ****, Hon. Robert Digby Esquire, Hon. Edward Blount Esquire, Mr. Addison, Mr. Congreve, Mr. Wycherley, Mr. Walsh, Mr. Steele, Mr. Gay, Mr. Jarvas, Dr. Arbuthnot, Dean Berkeley, Dean Parnelle, &c. Also Letters from Mr. Pope to Mrs. Arabella Fermor, and many other Ladies. With the respective Answers of each Correspondent. Printed for E. Curll, in Rose Street, Covent Garden; and sold by all Booksellers.

"N. B. The Original Manuscripts (of which Affidavit is made) may be seen at Mr. Curll's House, by all who desire it."

And the said Advertisement being read, by the Clerk:

Ordered, That the Gentleman Usher of the Black Rod attending this House do forthwith seize, or cause to be seized, the Impression of the said Book; and that the said E. Curll, together with J. Wilford, at The Three Flower de Luces, behind The Chapter House, near St. Paul's, for whom the said News Paper is said to be printed, do attend this House To-morrow.

Encouragement of Learning, Bill.

The Order being read, for reading the Bill for the better Encouragement of Learning, and the more effectual securing of the Copies of printed Books to the Authors and (fn. 2) Purchasers of such Copies, a Second Time:

Ordered, That the said Bill be read a Second Time on this Day Sevennight.

Imprisonment of Debtors, Bill.

The Order being read, for the House to be in a Committee upon the Bill to amend an Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

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

M^cDonnell's Bill.

The Lord Boyle reported from the Lords Committees to whom the Bill, intituled, "An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Relief of Hannah M^cDonnel, with relation to the forfeited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Hall against Clarke:

The House being informed, "That Mr. Patrick Conner attended, in order to deliver in several Pleadings and Proceedings, in the Cause wherein Thomas Hall, Administrator of Augustine Clarke, is Appellant, and Richard Digby and Anne his Wife are Respondents:"

Pleadings proved.

He was thereupon 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 Martis, decimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 13^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Ducie takes his Seat.

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

Messages from H C to return the Bill for indemnifying Protestant Purchasers.

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

To return the Bill, intituled, "An Act to indemnify Protestant Purchasers of Estates of Papists against the Penalties or Forfeitures Papists are liable to, for not having enroled their Estates, in Pursuance of an Act of the Third Year of King George the First, for that Purpose;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

M^cDonnell's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Relief of Hannab M^cDonnel, with relation to the forfeited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate 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. Holford and Mr. Lightboun:

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

Knight against Niccoll, in Error: Non pros.

Upon reading the Petition of James Knight Doctor of Divinity, Lessor of John Duell, Defendant in a Writ of Error depending in this House, wherein Daniel Niccoll is Plaintiff; setting forth, "That the said Plaintiff hath not assigned any Errors, as he was required to do by Order of this House on Friday last;" and praying, That the said Writ of Error may be Non Pros. with such Costs as to this House shall seem meet; and that the Record may be remitted, to the End the Petitioner may have Execution thereon."

And Proof being made, upon Oath, at the Bar, of the due Service of the said Order:

It is Ordered, That the Defendant in Error do forthwith enter a Non pros. thereupon; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the said Defendant in Error, the Sum of Fifty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Smith against Peachy, in Error.

The House was informed, "That, in the other Writ of Error brought up from the Court of King's Bench on Friday last, wherein Jonathan Smith is Plaintiff, and John Peachy Defendant, Errors were assigned, and Issue joined."

And it being thereupon moved, "That a Day may be appointed, for hearing the said Errors argued:"

It is Ordered, That this House will hear the Errors in this Case argued, by Counsel, at the Bar, Tomorrow.

Seaman against Scot & al.

The Lord Hardwicke, Lord Chief Justice of the Court of King's Bench, in the usual Manner, delivered in a Writ of Error, wherein Lionel Seaman Esquire is Plaintiff, and Thomas Scot and others are Defendants.

Papers relating to the Depredations of the Spaniards, delivered.

The Duke of Newcastle (by His Majesty's Command) presented to the House, pursuant to their Lordships Address of the 28th of March last, Copies of Commissions, Instructions, Letters, and Papers, relating to the Losses the Subjects of Great Britain have sustained by the Depredations of the Spaniards; with a List thereof.

And the same was read, by the Clerk, and is as follows:

"Copy of the Commissaries Commission, 2d April, 1730."

"Copy of the Commissaries Instructions, August 19th, 1730."

"Extract of a Letter from the Commissaries, to the Duke of Newcastle, Seville, January 27th/February 7th, 173½.

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, February 12/23, 173½" enclosing,

"Copy of the Spanish Commissaries Commission, dated January 8/19th, 173½ and Translation."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, March 16th, 173½."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, March 3/14d, 173½" enclosing,

"Copy of a Spanish Paper, relating to the South Sea Company (N^o 1.); and Translation."

"Copy of a Paper relating to the South Sea Company's Accompts (N^o. 2.); and Translation."

"Copy of a Spanish Paper, relating to the South Sea Company (N^o 3.); and Translation."

"Copy of a Paper, relating to the South Sea Company (N^o 4.); and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, March 10/21th, 173½" enclosing,

"Copy of a Letter from the Commissaries, to the South Sea Company Seville, March 10/21, 173½."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, March 31st, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, March 17/28th, 173½" enclosing.

"Copy of a Spanish Paper, containing some Agreements between the English and Spanish Commissaries, relating to the Duties on Negroes; and Translation."

"Copy of a Letter from the Commissaries, to the South Sea Company, Seville, March 17/28th, 173½."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, April 15th/26, 1732;" enclosing,

"List of the Grievances of the British Nation; and Translation."

"Copy of the Demands made by the English Commissaries, of Ships taken at Sea, &c."

"Copy of a Paper containing the King of Spain's Pretensions; and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, April 28th/May 9, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, May 19th/30, 1732;" enclosing,

"Copy of a Spanish Paper, relating to the 28th Article of the King of Spain's Demands; and Translation."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, June 5th and 13th, 1732."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, July 14th, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, July 7/18th, 1732;" enclosing,

"Copy of their Letter to Lord Harrington, of the same Date."

"Copy of the Contents of Monsr. Patino's Letter, dated June 16/27th, 1732; and Translation."

"Copy of the Demands for Fourteen Ships taken in America, and the Spanish Commissaries Answer thereto."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, July 14th/25, 1732;" enclosing,

"Copy of their Letter to Lord Harrington, of the same Date."

"Copy of a Spanish Paper relating to the Limits in America (N^o. 1.); and Translation."

"Copy of a Spanish Paper, relating to the Newfoundland Fishery (N^o 2.); and Translation."

"Copy of a Paper in Answer to the Spanish Pretension of Fishing on the Coast of Newfoundland (N^o 3.); and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, July 21st,/August 1, 1732;" enclosing,

"Copy of their Letter to Lord Harrington, of the same Date."

"(N^o 1.) Copy of Messrs. Shallet and Crowe's Accompt; and Translation."

"(N^o 2.) Copy of Mary Bodkin's Accompt; and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, August 8th/19, 1732;" enclosing,

"Copy of their Letter to Lord Harrington, of the same Date."

"Copy of a Letter from the Commissaries, to Mr. Burchett, Seville, August 8/19."

"Copy of a Paper relating to the Preliminaries (N^o 1.); and Translation."

"Copy of a Spanish Paper, relating to the Preliminaries (N^o 2); and Translation."

"Copy of the British Commissaries Paper relating to the Preliminaries (N^o 3.); and Translation."

"Copy of a Spanish Paper relating to the Preliminaries (N^o 4.); and Translation."

"Copy of a Letter from the Commissaries to the South Sea Company, Seville, April 25th/June 6, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, September 12/23, 1732;" enclosing,

"Copy of a Spanish Paper relating to the Men of War taken near Sicily (N^o 1.); and Translation."

"Copy of the British Commissaries Paper relating to the Affair of Sicily (N^o 2.); and Translation."

"Copy of the Spanish Paper relating to the Affair of Sicily (N^o 3.); and Translation."

"Copy of the British Commissaries Paper relating to the Affair of Sicily (N^o 4.); and Translation."

"Copy of a Spanish Paper relating to the Affair of Sicily (N^o 5.); and Translation."

"Copy of a Letter from Messrs. Stert and Goddard, to the Duke of Newcastle, September 12th/23, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, September 15th/26, 1732."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, October 12th, 1732."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, October 12th, 1732."

"Copy of a Letter from the Commissaries to the Duke of Newcastle, October 13th/24, 1732;" enclosing,

"Copy of a Paper relating to the cutting of Logwood (N^o 1.); and Translation."

"Copy of the British Commissaries Paper relating to the cutting of Logwood (N^o 2.); and Translation."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, November 9th, 1732."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, December 1/12, 1732;" enclosing,

"Copy of a Spanish Paper relating to the cutting of Logwood (N^o 1.); and Translation."

"Copy of the British Commissaries Paper relating to the cutting of Logwood (N^o 2.); and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, December 1/12th, 1732;" enclosing,

"Copy of the Agreement between His Majesty's Commissaries and those of Spain, for prolonging the Term of their Commission; and Translation."

"Copy of a Letter from the Commissaries, to the South Sea Company, Seville, December 1/12th, 1732.

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, December 12th/23, 1732;" enclosing,

"Copy of a Spanish Paper relating to the cutting of Logwood; and Translation."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, January the 10th, 173²/3" enclosing,

"Copy of His Majesty's Ratification of the Convention for continuing the Commissaries Commission for Three Years, January 5th, 173²/3."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, January the 5/26th, 173²/3."

"Copy of a Letter from the Commissaries to the Duke of Newcastle, Seville, February 6/17th, 173²/3;" enclosing,

"Copy of a Paper relating to the Privileges of the English Consuls (N^o 1.); and Translation."

"Copy of a Spanish Paper relating to the Consuls (N^o 2.); and Translation."

"Copy of the British Commissaries Paper relating to the Consuls (N^o 3.); and Translation."

"Copy of a Spanish Paper relating to the Consuls (N^o 4.); and Translation."

"Copy of a Letter from the Duke of Newcastle, to the Commissaries, March 2d, 173²/3."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, March 2d/13, 173²/3;" enclosing,

"Copy of the British Commissaries Paper relating to the cutting of Logwood and the Possessions in America (N^o 1.); and Translation."

"Copy of the British Commissaries Paper relating to the Intestates (N^o 2.); and Translation."

"Copy of a Letter from the Commissaries, to the Duke of Newcastle, Seville, April 5/16th, 1733."

"Copy of a Letter from Mr. Keene and Mr. Stert, to the Duke of Newcastle, Seville, May 4/15th, 1733."

"Copy of a Letter from the Duke of Newcastle, to Mr. Keene, February 24th, 1734/5;" enclosing,

"Copy of a Letter from the Duke of Newcastle, to Monsr. de Montijo, February 18th, 1734/5; and Translation."

"Extract of a Letter from Mr. Keene, to the Duke of Newcastle, Madrid, March 17/28th, 1734/5."

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

Clerk Assistant's Pet referred to Committee for the Journal.

The House was informed, "That a Petition of the Clerk Assistant was presented to the House the 9th of June 1733, relating to an Accompt between him and the Clerk of the Parliaments, with respect to One Article in the Table of Fees formerly settled by the House; and that, on the 12th of the same Month, a Petition of the Clerk of the Parliaments was presented, and read, relating to the said Accompt; and though they both then agreed to submit the Matter in Dispute to the Committee appointed every Session to peruse the Journal, yet nothing has been done in it."

And it being moved, "That the said Petitions be now referred to the Committee for perusing the Journals:"

The same was ordered accordingly.

Curll and Wilf rd, &c. examined.

The Order made Yesterday, upon the Complaint of a printed Advertisement, in the News Paper, intituled, The "Daily-Post-Boy," giving Notice, "That there was that Day published, Mr. Pope's Literary Correspondence for Thirty Years," being read:

Mr. Wilford, for whom the said News Paper is mentioned to be printed, attending (according to Order), was called in, and examined as to his being the Printer or Publisher thereof.

Also a Servant of Mr. Redmaine, the Printer of the said News Paper, was examined, in relation to the said Advertisement.

Then Mr. Curll was called in; and likewise examined touching the same Advertisement, as also the Contents of the Book advertised; and concerning a Note in the said Book, mentioning something of Letters that would be inserted in a Second Volume.

And then he was directed to withdraw.

After which;

The Gentleman Usher of the Black Rod, being called upon, gave the House an Account, "That, in Pursuance of their Lordships Order, he had caused all the Books found at Mr. Curll's to be seized; and believed there might be near Five Hundred."

Ordered, That the Matter of the said Complaint be referred to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please: And that E. Curll, for whom the said Literary Correspondence is mentioned to be printed, do attend the said Committee; and that the Gentleman Usher of the Black Rod do produce before their Lordships some of the printed Copies of that Book.

Imprisonment of Debtors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made One Amendment thereunto; which they had directed him to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Butler & al. peremptorily to answer Mercer's Appeal.

The House was informed, "That Thomas Butler and others, Respondents to the Appeal of Robert Mercer Gentleman, had not put in their Answer thereunto, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by John Brereton of the City of Dublin Gentleman, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.

Adjourn.

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

DIE Mercurii, 14^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Berkeley takes the Oaths.

James Earl of Berkeley took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Report of Committee, concerning a Gallery, disagreed to.

The Earl of Strafford reported from the Lords Committees appointed to consider of the Order and Method to be observed in this House when His Majesty comes here: "That their Lordships have met; and were attended, pursuant to the Order of the House, by some of the Officers of His Majesty's Works; and, having heard them, and considered the Matter to the Committee referred, their Lordships are of Opinion, That a Gallery should be prepared against the next Session of Parliament; which may be speedily put up on such Days as His Majesty shall come to the House, and taken down again the same Day, after the Rising of the House."

Which Report being read Twice by the Clerk:

It was proposed, "To agree thereunto."

After Debate;

The Question was put thereupon.

And it was Resolved in the Negative.

Imprisonment of Debtors, Bill.

The Lord Willoughby of Parham reported from the Committee of the whole House to whom the Bill, intituled, An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons," 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.

Smith against Peachy, Error:

Whereas this Day was appointed, for hearing the Errors argued upon the Writ of Error brought into this House on Friday last, wherein Jonathan Smith Esquire is Plaintiff, and John Peachy Esquire Defendant, in order to reverse a Judgement given in the Court of King's Bench for the Defendant in Error:

Counsel appearing for the said Defendant; but no Counsel for the Plaintiff in Error (who made Default):

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the Court of King's Bench be, and the same is hereby, affirmed; and that the Record be remitted, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House: And it is further Ordered, That the said Plaintiff do pay, or cause to be paid, to the said Defendant, the Sum of One Hundred Pounds, for his Costs sustained by reason of the bringing the said Writ of Error.

The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows; (videlicet,)

"But because the Court of Parliament aforesaid, now here, is not yet advised what Judgement to give of and concerning the Premises, a Day is therefore given to the Parties aforesaid, before the same Court of Parliament at Westminster, until Wednesday the Fourteenth Day of the same Month of May, to hear their Judgement thereof, because that the said Court of Parliament is not yet advised what Judgement to give thereupon; at which Day, before the same Court of Parliament aforesaid, at Westminster aforesaid, came the Parties aforesaid, by their Attornies aforesaid; whereupon the said Court of Parliament, having seen, diligently examined, and fully understood, as well the Record and Process aforesaid, and the Judgement given thereupon, as the Causes and Matters aforesaid assigned by the said Jonathan Smith as above for Error, and mature Deliberation thereon had; it appears to the said Court of Parliament, that there is no Error, either in the Record and Proceedings aforesaid, or in the giving the Judgement aforesaid; and that the said Record is in no ways vicious or defective: Therefore, it is considered by the same Court of Parliament aforesaid, that the said Judgement be in all Things affirmed; and that it stand in its full Force and Virtue, notwithstanding the Causes and Matters aforesaid, as above assigned for Error: And it is further considered by the same Court of Parliament aforesaid, that the said John Peachy recover against the said Jonathan Smith One Hundred Pounds, adjudged to the said John Peachy by the same Court of Parliament aforesaid, according to the Form of the Statute in such Case made and provided, for his Costs, Charges, and Damages, which he hath sustained by reason of the Delay of Execution of the Judgement aforesaid, on Pretext of prosecuting the Writ of Error aforesaid: And thereupon the aforesaid Record, and also the Process had in the Court of Parliament on the Premises, by the said Court of Parliament, are sent back to the Court of the said Lord the King, before the King Himself, wherever He shall be in England, &c. to do Execution thereupon &c."

Adjourn.

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

DIE Jovis, 15^o Maii.

REX

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Imprisonment of Debtors, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of His present Majesty, intituled, "An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

The Question was put, "Whether this Bill 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. Thurston and Mr. Elde:

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

Books order to be returned Mr. Curll.

The Lord Delawarr reported from the Lords Committees appointed to consider the Matter of the Complaint made of an Advertisement printed in the News Paper, intituled, "The "Daily-Post-Boy, Monday, May 12, 1735;" giving Notice, "That, on that Day was published, Mr. Pope's Literary Correspondence for Thirty Years, from 1704 to 1734, printed for E. Curll, in Rose Street, Covent Garden:" "That the Committee have looked into the Book produced before them by the Gentleman Usher of the Black Rod, pursuant to the Order of the House; and, having examined the same, do not find that there is any Letter of any Lord printed therein; and therefore conceive, that the Printing of the said Book is not contrary to the Standing Order of the House, of the 31st of January, 1721; and the Committee are of Opinion, that the Books seized by the said Gentleman Usher should be delivered back to the said E. Curll."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

The House being moved, "That Joseph Hickey Esquire may be permitted to enter into a Recognizance for Valentine Quin Esquire, on account of his Appeal depending in this House; he residing in Ireland:"

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

Message from H. C. to return the Bill concerning Imprisonment of Debtors.

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

To return the Bill, intituled, "An Act to explain and amend an Act passed in the Second Year of the Reign of his present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales, in his Robes, sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "That it is His Majesty's Pleasure, 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, severally, as follow:

Bills passed.

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

"2. An Act for enabling His Majesty to apply the Sum of One Million, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Thirty-five."

"3. An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Four Years; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices."

"4. An Act for the Application of the Rents and Profits of the Estates forfeited by the Attainders of James late Earl of Derwentwater and Charles Radcliffe."

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

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

"5. An Act to continue several Laws therein mentioned, for the better Regulation and Government of Seamen in the Merchants Service; for the regulating of Pilots of Dover, Deal, and the Isle of Thanet; for preventing Frauds in the Customs, and to prevent the clandestine Running of Goods; and for making Copper Ore, of the British Plantations, an enumerated Commodity."

"6. An Act to continue an Act passed in the Third Year of His present Majesty's Reign, intituled, "An Act for granting Liberty to carry Rice, from His Majesty's Province of Carolina in America, directly to any Part of Europe Southward of Cape Finisterre, in Ships built in and belonging to Great Britain, and navigated according to Law;" and to extend that Liberty to His Majesty's Province of Georgia, in America."

"7. An Act to continue some Laws therein mentioned, relating to the Encouragement of the making of Sail Cloth in Great Britain; and for Encouragement of the Silk Manufactures of this Kingdom."

"8. An Act for regulating the Quartering of Soldiers, during the Time of the Elections of Members to serve in Parliament."

"9. An Act to indemnify Persons who have omitted to qualify themselves for Offices and Employments within the Time limited by Law; and for allowing further Time for that Purpose."

"10. An Act to indemnify Protestant Purchasers of Estates of Papists against the Penalties or Forfeitures Papists are liable to, for not having enroled their Estates, in Pursuance of an Act of the Third Year of King George the First for that Purpose."

"11. An Act to explain and amend an Act passed in the Second Year of the Reign of His Present Majesty, intituled, An Act for the Relief of Debtors, with respect to the Imprisonment of their Persons."

"12. An Act for the Amendment of the Law relating to Actions on the Statute of Hue and Cry."

"13. An Act for rendering the Laws more effectual, for punishing such Persons as shall wilfully and maliciously pull down or destroy Turnpikes for repairing Highways, or Locks or other Works erected by Act of Parliament for making Rivers navigable; and for other Purposes therein mentioned."

"14. An Act for continuing and making more effectual an Act passed in the First Year of the Reign of His late Majesty King George the First, intituled, "An Act for repairing the Highways through the several Parishes of St. Michael, St. Alban, St. Peter, Shendley Ridge, and South Mims, in the Counties of Hertford and Middlesex; and for continuing the Commissioners authorized to put the said Act in Execution."

"15. An Act for enlarging the Term and Powers granted by an Act passed in the Seventh Year of the Reign of His late Majesty King George the First, for repairing the Road from St. Giles's Pound, to Kilbourn Bridge, in the County of Middlesex; and for paving that Part of the Road called Oxford Street."

"16. An Act for repairing and widening the Road from the Town of Rochdale, in the County Palatine of Lancaster, leading over a certain craggy Mountain, called Blackstone Edge, in the same County; and from thence to the Towns of Hallifax and Ealand, in the County of York."

"17. An Act to explain and make more effectual the several Acts made and passed for repairing the Highways leading to Highgate Gatehouse and Hompstead, in the County of Middlesex, so far as the same relate to the Statute-work to be done upon the said Highways, or Compositions to be made in Lieu of the same."

"18. An Act for the public registering of all Deeds, Conveyances, Wills, and other Incumbrances, that shall be made of, or that may affect, any Honours, Manors, Lands, Tenements, or Hereditaments, within the North Riding of the County of York, after the Nine and Twentieth Day of September, One Thousand Seven Hundred and Thirty-six."

"19. An Act for lengthening the West Pier of the Harbour of Whitby, in the County of York; and for improving the said Harbour."

"20. An Act for the Encouragement of the Arts of designing, engraving, and etching, Historical and other Prints, by vesting the Property thereof in the Inventors and Engravers, during the Time therein mentioned."

"21. An Act for prolonging the Time for claiming the fortunate Tickets in the Charitable Corporation Lottery; and for making Provision for Tickets in the said Lottery lost, burnt, or otherwise destroyed."

"22. An Act for the better regulating the Nightly Watch and Beadles, within the Two Parishes of St. James and St. George Hanover Square, within the Liberties of the City of Westminster."

"23. An Act to enable William Mackenzie late Earl of Seafort to sue or maintain any Action or Suit, notwithstanding his Attainder; and to remove any Disability in him, by reason of his said Attainder, to take or inherit any Real or Personal Estate that may or shall hereafter descend or come to him."

"24. An Act (fn. 4) for re-building the Parish Church of St. Leonard, Shoreditch, in the County of Middlesex."

"25. An Act to enable the present and future Proprietors and Inhabitants of the Houses in Lincoln's Inn Fields, in the County of Middlesex, to make a Rate on themselves, for raising Money sufficient to enclose, clean, and adorn, the said Fields."

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

"Le Roy le veult."

"26. An Act for exchanging Lands, between the Earl of Peterborow, and the Provost and Scholars of Queen's College in Oxford."

"27. An Act for Sale of the Estate of Henry late Lord Carleton, in the County of Oxon; and for laying out the Money arising by such Sale in the Purchase of another Estate, in or near the County of Wilts, to be settled to the like Uses."

"28. An Act to enable Hugh Hume Campbell, commonly called Lord Polwarth, to sell Lands in Essex, settled by his Marriage Articles; and, with the Money arising thereby, to purchase other Lands, of like Value, to be settled to the same Uses."

"29. An Act to enable Sir Charles Gilmour Baronet to sell Part of the Lands and Baronies of Craigmillar and Nether Libberton, for Payment of Debts with which the said Estate stands charged and encumbered."

"30. An Act for vesting an undivided Moiety of divers Lands and Hereditaments, in the Counties of Oxon and Kent, the Estate of Elizabeth Dyke, an Infant, in Edward Dyke Esquire and his Heirs, in Exchange for his undivided Moiety of divers Lands and Hereditaments in the Counties of Somerset and Devon."

"31. An Act for confirming and establishing a Partition of the Estate of Henry Appleton, Esquire deceased, made pursuant to a Decree of the Court of Chancery."

"32. An Act for the better Execution of the last Will and Testament of Richard Cantillon Esquire, deceased; and for other Purposes therein mentioned.

"33. An Act for vesting the Estates of William Forester Esquire and Brook Forester his Son and Heir Apparent, in the County of Salop, in Trustees, to settle the same, pursuant to an Agreement previous to the Marriage of the said Brook Forester with Elizabeth his Wife, notwithstanding the Minority of the said Brook Forester."

"34. An Act for discharging Part of the Estate of Robert Edgar Esquire, in the County of Cambridge, from the Uses of his Marriage Settlement; he having settled an Estate in the County of Suffolk, of greater Value, to the same Uses."

"35. An Act for vesting Part of the Real Estate late of James Tregeare Esquire, deceased, in Margery his Widow and Relict, in Part of her Dower; and for Sale of the rest of the said Estate, for Payment of the Debts of the said James Tregeare; and for laying out the Surplus Money arising by such Sale in the Purchase of other Lands, to the Use of Honour his Daughter and her Heirs."

"36. An Act for enclosing the Common Fields, Common Meadows, and other Commonable Lands, in the Parish of Hunningham, in the County of Warwick."

"37. An Act for appointing Commissioners, to make a Division of certain Commons and Waste Lands, lying within the Manor and Parish of Chedleton, in the County of Stafford, among the Proprietors, in order to enclose the same."

"38. An Act to enable William Toller, now called William Toller Treffry, Gentleman, and his Issue Male, to take and use the Surname of Treffry only, pursuant to the Deed of Settlement of John Treffry Esquire, deceased."

"39. An Act to explain and amend an Act made in the First Year of the Reign of Her late Majesty Queen Anne, intituled, An Act for the Relief of Hannah M^cDonnel, with relation to the forfeited Estates in Ireland; and for enabling Randal M^cDonnel Esquire to sell or encumber the Estate therein mentioned."

"40. An Act for naturalizing Anna Elizabeth Broughton, Josias Cottin, John Chevalier, and John Trcher."

"41. An Act to naturalize Stephen Mathew, Arnold Rosenhagen, and Jane Elizabeth du Bouchet."

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 am glad the Business of this Session of Parliament is brought to such a Conclusion, that I have now an Opportunity of giving you some Recess, after the great Pains you have taken in the Service of your Country. On this Occasion, I must in Justice return you My Thanks, for the many Instances you have given Me of your Duty and Affection to My Person and Government; and for the necessary Provisions you have made for the Public Security, as far as the immediate Circumstances of Affairs might require.

"I have considered with great Care and Attention the present Situation of Europe; and duly weighed the Consequences that may arise from the Progress of the War, either by Means of its becoming more general, or continuing only to be carried on between the Powers already engaged.

"An Accommodation of these unhappy Troubles appeared to be the best Means to prevent the Dangers that are to be apprehended on either Side. In this View, a Plan of Pacification was concerted between Me and The States General, with great Impartiality; and not without reasonable Grounds to hope for Success, although it hath not had the desired Effect.

"But all further Resolutions to be taken in this important and critical Conjuncture must be principally determined by future Events. This makes it impossible for Me at present to take the previous Advice and Concurrence of My Parliament, in such Measures as may become absolutely necessary to be entered into: But you may be assured, that My constant Concern for the Public Welfare, the Liberties of Europe, and, in particular, for the Felicity and Security of these Kingdoms, will never suffer Me to take any Steps, but such as the Honour and Interest of My Crown and People shall call for and justify; and in the Pursuit of these great and desirable Ends, I do, with the best-grounded Considence, promise Myself your zealous and affectionate Support.

"Gentlemen of the House of Commons,

"I return you My hearty Thanks, for the Supplies you have, with so much Chearfulness and Dispatch, granted for the Service of the current Year, which have been so effectually raised, and accompanied with so seasonable an Augmentation of our Forces by Sea and Land, that I shall be in a Condition to make Use of them in the most advantageous Manner for the Public Service, as any Occasion that may happen to arise shall require.

"My Lords, and Gentlemen,

"The Conduct and Prudence of this Parliament, in a Time of so great Difficulty, cannot be enough commended. The Posture of Affairs before Us required all possible Resolution, joined with Caution, neither to be unwarily involved in the present Disturbances, nor to remain unprovided against those Dangers which are too obvious to stand in Need of any Explanation, and may either directly or remotely affect us.

"As I think it necessary this Summer to visit My Dominions in Germany, it is My Intention to appoint the Queen Regent here during My Absence; of whose just and prudent Administration you have, on the like Occasion, had Experience. Let Me earnestly recommend it to you, to render the Burthen of this weighty Trust as easy to Her as possible, by making it your constant Study and Endeavour, as I am sure it is your Inclination, to preserve the Peace of the Kingdom, and to discountenance and suppress all Attempts to raise groundless Discontents in the Minds of My People, whose Happiness hath always been, and shall continue, My daily and uniterrupted Care."

Then the Lord Chancellor, by His Majesty's Command, said,

"My Lords, and Gentlemen,

Parliament prorogued.

"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Thursday the Twelfth Day of June next, to be then here held: And this Parliament is accordingly prorogued to Thursday the Twelfth Day of June next."

Hitherto examined by us,
Leeds.
Portland.
Bridgewater.
Northampton.
Abingdon.
Oxford & Mortimer.
N. St. Davids.
Isa. Asaph.

Footnotes