May 1742, 21-31
DIE Lunæ, 24o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Lincoln.
Epus. Hereford.
Epus. Sarum.
Epus. Glocestriens.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Beaufort.
Dux Devon.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Abingdon.
Comes Coventry.
Comes Cholmondeley.
Comes Sutherland.
Comes Lauderdale.
Comes Ilay.
Comes Oxford.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. North.
Ds. Poulet.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Raymond.
Ds. Fitzwilliam. |
PRAYERS.
Lucas's Bill.
The Earl of Shaftesbury reported from the Lords
Committees to whom the Bill, intituled, "An Act for
vesting Part of the settled Estate of Robert Lucas
Esquire and Mary his Wife in Trustees, to be sold;
and for applying Part of the Money arising by such
Sale in the Purchase of an Estate contracted for, in
order to be settled, together with other Lands of the
said Robert Lucas, as an Equivalent for the said settled
Estate, and to the like Uses," was committed: "That
they had considered the said Bill, and examined the
Allegations thereof, which they found to be true;
that the Parties concerned had given their Consents;
and that the Committee had gone through the Bill,
and made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Aston Cantlow Common, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
dividing and enclosing, setting out and allotting, certain Common Fields and Enclosures, within the Manor
and Parish of Aston Cantlow, in the County of
Warwick."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. Steward.
D. Beaufort.
D. Devon.
D. Manchester.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Winchilsea.
E. Sandwich.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Abingdon.
E. Coventry.
E. Cholmondeley.
E. Sutherland.
E. Lauderdale.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Stanhope.
E. Harborough.
E. Pomfret.
E. Graham.
Viscount Fauconberg.
Viscount Falmouth. |
L. Bp. Lincoln.
L. Bp. Hereford.
L. Bp. Sarum.
L. Bp. Glocester.
L. Bp. Norwich.
L. Bp. Landaff. |
L. Carteret, Sec.
L. Abergavenny.
L. Delawarr.
L. Poulet.
L. Ward.
L. Berkeley.
L. Cornwallis.
L. Conway.
L. Somerville.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Raymond.
L. Fitzwilliam. |
Their Lordships, or any Five of them; to meet
on Friday next, at the usual Time and Place;
and to adjourn as they please.
Sir R. Burgoyne's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
confirming and establishing an Exchange agreed to
be made of certain Lands, in the Parish of Sutton, in
the County of Bedford, between Sir Roger Burgoyne
Baronet Lord of the Manor, and Doctor Crane Rector
of the Church, of Sutton, in order to promote and
facilitate the Enclosure of the Common Fields and
Common Grounds in the said Parish; and for securing
to the said Rector an Equivalent for his Tithes arising
in the said Parish of Sutton."
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.
D. Leeds, Leave for a Bill:
After reading, and considering, the Report of the
Judges to whom was referred the Petition of Thomas
Duke of Leeds; praying Leave to bring in a Private
Bill:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Petition and Report.
Bill read.
Hodie 1a vice lecta est Billa, intituled, "An Act for
repealing a Power in the Marriage Settlement of
Thomas Duke of Leeds with Mary his now Wife
and for creating a new Power instead thereof; and
for other Purposes therein mentioned."
Tucker against The King, Writ of Error.
The Lord Chief Justice of the Court of King's
Bench, in the usual Manner, brought up a Writ of
Error; wherein,
Richard Tucker is Plaintiff,
and
The King Defendant.
Judges to attend the Bill concerning E. Orford.
Ordered, That the Judges do attend this House
To-morrow, upon the Second Reading of the Bill, intituled, "An Act for indemnifying such Persons as
shall, upon Examination, make Discoveries touching
the Disposition of Public Money, or concerning the
Disposition of Offices, or any Payments or Agreements in respect thereof, or concerning other Matters
relating to the Conduct of Robert Earl of Offord."
Visc. Montague & al. to sell Walsingham's Estates, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for
Sale of the Estates late of James Walsingham Esquire,
deceased, lying in the Counties of Surrey, Essex,
Norfolk, and Cambridge, for raising Money, to discharge the Encumbrances affecting the same; and
other Purposes therein mentioned."
Ordered, That the said Bill be committed to the
Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet
on Tuesday the Eighth Day of June next; and
to adjourn as they please.
Motion to dispense with Standing Order;
The House being moved, "That the Standing Order,
relating to the Time of Commitment of Private Bills,
may be so far dispensed with, as that the Committee
on the aforesaid Bill may meet on a sooner Day, in
regard the Session of Parliament is far advanced:"
Ordered, That the said Motion be taken into Consideration To morrow; and the Lords to be summoned.
and on Sir Wm. Pole's Bill:
The like Motion and Order was made, in relation to
the Bill, intituled, "An Act to empower the Trustees
named in the Will of Sir William Pole Baronet, deceased, to make Leases of Part of his Estate, during
the Minority of his Son Sir John Pole."
Northey's Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to
enable William Northey, an Infant, to settle Lands,
Tenements, and Hereditaments, in the County of
Wilts, for the Benefit of himself and any Woman he
shall marry, and their Issue, notwithstanding his Infancy; and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Rolt's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
Sale of Part of the Estates of Edward Bayntun Rolt
Esquire, to raise Money, for the Payment of Debts
affecting the same; and of Portions for his Younger
Brothers and Sister, charged thereon by the Settlement of their Uncle John Bayntun Esquire, deceased;
and for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Messages to H. C. with the Two preceding Bills.
A Message was sent to the House of Commons, by
Mr. Edwards and Mr. Sawyer:
To carry down the said Bills, and desire their Concurrence to them.
Message from thence, to return Bentley's Charity Bill.
A Message was brought from the House of Commons,
by Sir Robert Long Baronet and others:
To return the Bill, intituled, "An Act for confirming a Conveyance from the surviving Trustees of the
Charity established by the Will of John Bentley
Esquire, deceased, of the united Sixth Part of
Fickets Field, in the County of Middlesex, to the surviving Assignees under the Commission of Bankruptcy
awarded against William Hammond, late of Change
Alley, London, Goldsmith and Banker, deceased;"
and to acquaint this House, that they have agreed to
the same, without any Amendment.
Persons who have neglected to take the Oaths, to indemnify, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee upon the Bill, intituled, "An Act to indemnify Persons who have
omitted to qualify themselves for Offices, Employments, and Promotions, within the Time limited by
Law; and for allowing further Time for that Purpose."
After some Time, the House was resumed.
And the Earl of Findlater 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."
Badham against Odell.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Bettridge
Badham Esquire is Appellant, and Thomas Odell
Esquire and his Guardian are Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on the First vacant Day
for Causes after those already appointed.
Petersfield to Portsmouth Road, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
explain and amend Two Acts of Parliament; One,
made in the Ninth Year of the Reign of Her late
Majesty Queen Anne, intituled, "An Act for repairing the Highways from Sheet Bridge, in the Parish
of Petersfield, to the Town of Portsmouth, in the
County of Southampton;" and another Act, made in
the Twelfth Year of the Reign of His late Majesty
King George the First, for enlarging the Term in and
by the said Act granted; and for other Purposes
therein mentioned; and for enlarging the Term and
Powers by the said last mentioned Act granted."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Colchester Workhouses, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
render more effectual an Act made in the Ninth and
Tenth Years of the Reign of His late Majesty King
William the Third, intituled, An Act for erecting
Hospitals and Workhouses within the Town of Colchester, in the County of Essex, for the better em
ploying and maintaining the Poor thereof."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Wootton Underwood Commons enclosing Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
dividing and enclosing the Common Fields, Lawnd,
Wastes, and Unenclosed Grounds, within the Manor
and Parish of Wootton Underwood, in the County of
Bucks; and for the making effectual certain Exchanges therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Byrom's Short Hand Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
securing to John Byrom Master of Arts the sole
Right of publishing, for a certain Term of Years,
the Art and Method of Short Hand invented by
him."
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 ordered to be 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.
Officers, Members of H. C. excluding, Bill.
A Message was brought from the House of Commons,
by the Chancellor of the Exchequer and others:
With a Bill, intituled, "An Act to exclude certain
Officers from being Members of the House of
Commons;" to which they desire the Concurrence of
this House.
The said Bill was read the First Time.
Ordered, That the same be read a Second Time on
Thursday next; and that the Bill be printed.
Against assisting Prisoners to escape, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for
more effectually to prevent Persons from assisting Prisoners to escape, or to attempt to escape, from their
Consinement."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow Sevennight.
Justices of Corporations to commit Offenders, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
empower the Justices of the Peace of a Liberty or
Corporation to commit Offenders to the House of
Correction, in the County, Riding, or Division, in
which such Liberty or Corporation is situate."
Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next.
Against counterfeiting Gold and Silver Lace.
A Message was brought from the House of Commons,
by the Lord Mayor of London and others:
With a Bill, intituled, "An Act to prevent the
counterfeiting of Gold and Silver Lace; and for
settling and adjusting the Proportions of fine Silver
and Silk; and for the better making of Gold and
Silver Thread;" to which they desire the Concurrence
of this House.
The said Bill was read the First Time.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quintum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 25o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Dunelm.
Epus. Winton.
Epus. Lincoln.
Epus. Roffen.
Epus. Hereford.
Epus. Petriburg.
Epus. Sarum.
Epus. Meneven.
Epus. Eliens.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Landavens. |
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Chandos.
Dux Bridgewater.
(fn. 1) March.
(fn. 1) March.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berkshire.
Comes Peterborow.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Abingdon.
Comes Holderness.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Grantham.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Dunmore.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Wilmington.
Comes Effingham.
Comes Malton.
Viscount Hereford.
Viscount Fauconberg.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Lymington.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. North.
Ds. Clifton.
Ds. Brooke.
Ds. Poulet.
Ds. Strange.
Ds. Leigh.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Craven.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Lovell.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Chedworth.
Ds. Fitzwilliam.
Ds. Edgecombe. |
PRAYERS.
D. Leeds's Bill;
Hodie 2a vice lecta est Billa, intituled, "An Act for
repealing a Power in the Marriage Settlement of
Thomas Duke of Leeds with Mary his now Wife; and
for creating a new Power instead thereof; and for
other Purposes therein mentioned:"
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
D. Beaufort.
D. Bedford.
D. Montagu.
D. Portland.
D. Bridgewater.
M. Tweeddale.
M. Lothian.
E. Pembroke.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Sandwich.
E. Shaftesbury.
E. Sutherland.
E. Findlater.
E. Ilay.
E. Oxford.
E. Halifax.
E. Harborough.
E. Graham.
E. Malton.
Viscount Hereford.
Viscount Fauconberg.
Viscount Falmouth. |
L. Bp. Rochester.
L. Bp. Hereford.
L. Bp. St. Davids.
L. Bp. Glocester.
L. Bp. Norwich.
L. Bp. Landaff. |
L. Carteret, Sec.
L. Delawarr.
L. Clifton.
L. Berkeley.
L. Haversham.
L. Gower.
L. Boyle.
L. Masham.
L. Foley.
L. Bathurst.
L. Walpole.
L. Monson.
L. Raymond.
L. Montfort.
L. Ilchester.
L. Chedworth.
L. Fitzwilliam.
L. Edgcumbe. |
Their Lordships, or any Five of them; to meet on
Wednesday the 9th Day of June next, at the
usual Time and Place; and to adjourn as they
please.
Motion to dispense with the Standing Order.
The House being moved, "That the Standing Order,
relating to the Time of Commitment of Private Bills,
may be so far dispensed with, as that the Committee
on the aforesaid Bill may meet on a sooner Day, in
regard the Session of Parliament is far advanced:"
Ordered, That the said Motion may be taken into
Consideration To-morrow; and the Lords to be summoned.
Lucas's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for
vesting Part of the settled Estate of Robert Lucas
Esquire and Mary his Wife in Trustees, to be sold;
and for applying Part of the Money arising by such
Sale in the Purchase of an Estate contracted for, in
order to be settled, together with other Lands of
the said Robert Lucas, as an Equivalent for the said
settled Estate, and to the like Uses."
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. Edwards and Mr. Sawyer:
To carry down the said Bill, and desire their Concurrence thereunto.
Visc. Mountague & al. to sell Walsingham's Estates, Bill, Committee shortened.
The Order of the Day being read, for taking into
Consideration the Motion made Yesterday, for dispensing
with the Standing Order of this House, relating to the
Time of Commitment of Private Bills, so far as that the
Committee to whom the Bill, intituled, "An Act for
Sale of the Estates late of James Walsingham Esquire,
deceased, lying in the Counties of Surrey, Essex, Norfolk, and Cambridge, for raising Money, to discharge
the Encumbrances affecting the same, and other Purposes therein mentioned," stands committed, may
meet on a sooner Day than was at first appointed:
And Consideration having been had thereof accordingly:
Ordered, That the said Standing Order be so far
dispensed with in this Case, as that the said Committee
may meet, to consider of the said Bill, on this Day
Sevennight.
Sir Wm. Pole's Bill, Committee shortened.
The other Order of the Day being read, for taking
into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating to the Time of the Commitment of Private Bills,
so far as that the Committee to whom the Bill, intituled,
An Act to empower the Trustees named in the Will
of Sir William Pole Baronet, deceased, to make Leases
of Part of his Estate, during the Minority of his Son
Sir John Pole," stands committed, may meet on a
sooner Day than was at first appointed:
And Consideration having been had thereof accordingly:
Ordered, That the said Standing Order be so far
dispensed with, in this Case, as that the said Committee
may meet, to consider of the said Bill, on Friday next.
Discoverers of the Conduct of E. Offord, indemnifying, Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act for
indemnifying such Persons as shall, upon Examination, make Discoveries touching the Disposition of
Public Money, or concerning the Disposition of
Offices, or any Payments or Agreements in respect
thereof, or concerning other Matters relating to the
Conduct of Robert Earl of Offord."
Then it was proposed, "To commit the Bill."
And after long Debate thereupon;
The Question was put, "Whether the said Bill
shall be committed?"
It was Resolved in the Negative.
Protest against not commiting it.
"Dissentient.
"Macclesfield.
"1st, Because the rejecting of this Bill, founded, as
we conceive, upon Reason and Justice, warranted by
Precedents, authorized by Necessity, and called for
by the general Voice of the Nation, may appear a
manifest Obstruction to Public Justice in the present
great and important Case, and a most certain Defeat
of it for the future in all Cases of the like Nature.
"2d, Because it is an uncontroverted Maxim of the
Law of England, That the Public has a Right to
every Man's Evidence; and yet, by the same Law,
no Man is obliged to accuse himself. And as the
Accomplices of Guilt are frequently the only Witnesses of it, we conceive, that both Prudence and
Justice point out this Method of Impunity to some,
as absolutely necessary towards discovering the Guilt
of others, and thereby dissolving those criminal Confederacies, which, formed by common Guilt, can
only subsist while they are cemented by common
Danger. From these undeniable Principles, we apprehend, this Bill ought to have passed, in order to
preserve the Rights of the Public, and the Rights of
the Individuals.
"3dly, Because this Bill is justified by many Bills of
a much stronger Nature, in Cases of much less Consequence to the Public; such as the Cases of Sir
Thomas Cooke, the Masters in Chancery, Sir Robert
Sutton, Thomson, and others, in some of which, the
Persons indemnified, in order to give their Evidence,
were, at the same Time, compelled under severe
Penalties to give it. And as there is a Power, not
only of indemnifying, but of rewarding, necessarily
lodged in the Crown, in order to bring Criminals to
Justice, by Evidence known to, and within the Reach
of, the Laws; so we apprehend, that, in an Inquiry
after Crimes that may affect the Being of the Whole,
the People have a Right to the Exertion of that
Power with which the Legislature is undoubtedly
vested, to come at such Evidence as may make that
Inquiry effectual to their future Security.
"4thly, Because the Legislature has exercised this
Power, in many Instances relating to particular
Branches of the Revenue, in order to prevent Frauds;
the Persons concerned in such Frauds are not only
indemnified, but rewarded also. And for the private Utility of One Company, the Legislature, by
the 9th of George the First, after forbidding any Person to be concerned in promoting an East India
Company in The Austrian Netherlands, gives to our
East India Company a Power to prosecute, by Bill in
Chancery or Court of Exchequer, any Person whom
they suspect; obliging such Person to make Discovery
upon Oath, though such Discovery subjects him to a
Forfeiture. Also, for the better Discovery of Felonies, the Legislature has thought fit, by an Act 5th
Ann, to pardon any Person, not only of the Felony
discovered, but of all other Felonies he has ever
been guilty of, upon his making a Discovery of Two
Persons who shall thereupon be convicted of any
Burglary or Felony; and that Discoverer is also entitled to a Reward.
"5thly, Because the rejecting of this Bill may prove
a dangerous Precedent, of fatal Consequence to this
Constitution; since, whenever this Nation shall be
visited by a wicked Minister, those who shall have
served him in defrauding and oppressing the Public,
and in corrupting Individuals, will be furnished with
an Excuse for refusing their Evidence; their Danger
will produce his Security, and he may enjoy with
Safety the Plunder of his Country. Nay, we even
apprehend, that the rejecting of this Bill may be
misunderstood, by those who can make any Discovery,
as if this House designed to discourage any Evidence
whatsoever, that could affect the Person whose Conduct the Secret Committee was appointed by the
House of Commons to inquire into. A Minister
may be removed from his Place, and not from his
Power; he may be removed from both, and not from
the Favour of his Prince; nay, he may be deprived
of all Three, and yet his Successor may think his
Interest and future Safety, and his Prince may
imagine his Authority, concerned in protecting him
from either Punishment or Inquiry. In any of
which Cases, all written Evidence, all Office Proofs,
will be secreted or refused; and if verbal Evidence be
rendered impracticable too (which the rejecting this
Bill will furnish a Precedent for), we conceive we
might as well have passed an Act of Indemnity to
all future Ministers.
"6thly, Because we can by no Means agree to the
Argument principally urged against this Bill, "That
there were no Proofs of Guilt against this Person
sufficient to justify the passing it:" Whereas, in our
humble Opinions, the Voice of the Nation, the
Sense of the other House, and the lamentable Situation of this Kingdom both at Home and Abroad,
create Suspicions, which not only justify, but even
call aloud for, Inquiry; which Inquiry must necessarily
prove ineffectual, unless the proper Methods are taken
to support it; of which we apprehend this Bill to be
one, and a Proceeding so just, that no innocent Man
would desire to avoid it, and no guilty one ought to
escape it. Moreover, the Reasons assigned by the
Persons whose Behaviour gave Rise to this Bill, for
refusing their Evidence, is a sufficient Implication
that it would affect the Earl of Orford, since they
admit it would affect themselves.
"7th, Because we conceive that the rejecting this
Bill may create great Dissatisfaction in the Nation, to
the Diminution of the Credit, and consequently of
the Authority, of this House, when the People find
themselves disappointed in their just Expectations of
having a strict Inquiry made into the Conduct of the
Earl of Orford, which they had so long called for
in vain, and hoped they had at last obtained. Groaning under the undiminished Load of National Debts
and Taxes, notwithstanding a long Peace; trembling
under the Terrors of multiplied Penal Laws; deploring their sacrificed Honour, and their neglected Interest; the Balance of Europe overturned Abroad, and
the Constitution endangered at Home; they call for
Inquiry, they seek for Justice, they hope for Redress.
The other House has taken the proper Steps to
answer those Expectations; the Inquiry begun there
could only have been rendered effectual in One material Point by this Bill; which being rejected by this
House, from whence they expect Justice and Redress,
we fear their blasted Hopes, which for a Time may
seem sunk into a slavish Despondency, may at last
break out into Disorders, more easy possibly to foresee than to remedy.
"Oxford & Mortimer.
Denbigh.
Aylesford.
Abingdon.
Coventry.
Bedford.
Argyll & Greenwich.
Chesterfield.
Carlisle.
Westmorland.
Bathurst.
Rockingham.
Berkshire.
Cobham.
R. Lincoln.
Ailesbury & Elgin.
Foley.
Ward.
Boyle.
Gower.
Dunk Halifax.
Falmouth.
Sandwich.
Beaufort.
Thanet.
St. John.
Northampton.
Shaftesbury.
Craven.
Litchfield.
Leigh.
Hereford.
Haversham."
The Bill rejected.
Ordered, That the said Bill be rejected.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum sextum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 26o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Sarum.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Portland.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Carlisle.
Comes Ailesbury.
Comes Litchfield.
Comes Abingdon.
Comes Coventry.
Comes Jersey.
Comes Sutherland.
Comes Morton.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Rockingham.
Comes Aylesford.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth. |
Ds. Delawarr.
Ds. Poulet.
Ds. Ward.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Walpole.
Ds. Lovel.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
D. Norfolk & al. against York Buildings Company & al. et è contra.
After hearing Counsel, in Part, in the Cause wherein
Edward Duke of Norfolk and others are Appellants,
and The York Buildings Company and others Respondents; et è contra:
It is Ordered, That the further Hearing of the said
Cause be adjourned till To-morrow.
Bill to protect the Trade, &c. put off.
Ordered, That the Second Reading of the Bill for
the better protecting the Trade of this Kingdom in
Times of War, and the Bill to exclude Officers from
being Members of the House of Commons, which were
appointed for To-morrow, be put off to Friday next;
and the Cause for that Day to the Monday following;
and the other Causes to be moved One Day in Course.
Justices of Corporations to commit Offenders, Bill.
Whereas To-morrow is appointed, for the House to
be in a Committee on the Bill to empower the Justices
of the Peace of a Liberty or Corporation to commit
Offenders to the House of Correction of the County,
Riding, or Division, in which such Liberty or Corporation is situate:
Against assisting Prisoners to escape, Bill.
As also, on the Bill for the more effectually to prevent Persons from assisting Prisoners to escape, or to
attempt to escape, from their Confinement:
It is Ordered, That the House be put into a
Committee upon the former Bill on Friday
next; and on the latter on the Tuesday following.
D. Leeds Bill, Committee shortened.
The Order of the Day being read, for taking into
Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, relating
to the Time of Commitment of Private Bills, so far as
that the Committee to whom the Bill, intituled, "An
Act for repealing a Power in the Marriage Settlement
of Thomas Duke of Leeds with Mary his now Wife,
and for creating a new Power instead thereof; and
for other Purposes therein mentioned," stands committed, may meet on a sooner Day than was at first appointed:
And Consideration having been had thereof accordingly:
Ordered, That the said Standing Order be so far dispensed with in this Case, as that the Committee may
meet, to consider of the said Bill, To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis,
vicesimum septimum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 27o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Roffen.
Epus. Asaphen.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
March. Lothian.
Comes Northampton.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Thanet.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Rochford.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Breadalbane.
Comes Ilay.
Comes Aylesford.
Comes Stanhope.
Comes Graham.
Comes Fitzwalter.
Comes Wilmington.
Comes Malton.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawar.
Ds. Poulet.
Ds. Strange.
Ds. Leigh.
Ds. Ward.
Ds. Cornwallis.
Ds. Craven.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgcumbe. |
PRAYERS.
Bp. of St. Davids to preach 11th of June.
Ordered, That the Lord Bishop of St. Davids be,
and he is hereby, desired to preach before this House,
at the Abbey Church, Westminster, on the 11th Day of
June next, being the Anniversary Thanksgiving, appointed by Authority, for His Majesty's happy Accession to the Crown.
D. Norfolk & al. against York Buildings Company & al. et è contra.
After hearing Counsel, as well Yesterday as this Day,
upon the Original Appeal of Edward Duke of Norfolk
and others, principal Tacksmen of Sir Alexander Murray's Mines, lying in the Shires of Argyle and Peebles;
complaining of Part of an Interlocutor of the Lord
Ordinary, in the Court of Session in Scotland, of the
28th of November 1741; and also of an Interlocutor
of the Lords of Session, of the 19th of December following, adhering thereto; and praying, "That the
same might be reversed:" As also upon the Cross
Appeal of the Governor and Company of Undertakers
for raising the Thames Water in York Buildings; complaining of the said Interlocutors; and praying, "That
the same might be reversed; and that the said Appellants might have such Relief as to the House
should seem meet:" And likewise upon the Answers
of the said Sir Alexander Murray, Charles Murray, John
Boswell, and Sir Archibald Grant, on Behalf of themselves and others, Creditors of the said Sir Alexander,
and the Answer of the said Governor and Company of
Undertakers for raising the Thames Water in York
Buildings, put in to the said Original Appeal; and the
Answers of the said Edward Duke of Norfolk, Sir
Robert Clifton, Sir Robert Sutton, General Wade, Sir
Alexander Murray, Charles Murray Esquire his Brother,
John Boswell, John Richardson, and Sir Archibald Grant,
on Behalf of themselves and others, Creditors of the
said Sir Alexander and Charles Murray, put in to the
said Cross Appeal; and due Consideration had of what
was offered on the said Appeals and Answers:
Judgement.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the
said Interlocutors complained of by the said Appeals be,
and the same are hereby, reversed: And it is hereby
further Ordered, That the said Causes be remitted to
the said Court of Session; and that the Appellants in
the said Cross Appeal do forthwith appear, in the Cause
at the Suit of Sir Alexander Murray, Charles Murray,
John Boswell, Sir Archibald Grant, and John Richardson,
and others, Creditors of the said Sir Alexander Murray
and Charles Murray, Respondents to the Original Appeal; and also in the other Cause, at the Suit of the
Appellants in the said Original Appeal in the Court of
Session in Scotland, according to the Course of that
Court, without further Process for that Purpose; and
that the said Appellants in the Cross Appeal be admitted to make their Defences in both the said Causes;
and that the said Sir Alexander Murray, Charles Murray,
and others, Respondents to the Original Appeal, be at
Liberty to make Francis Grant, the Sub-lessee of the
Appellants in the Cross Appeal, a Defender in their
Cause; and that the said Court of Session do proceed in
the said Causes in such a Manner as shall be just.
Hopkins, Leave for a Bill to take the Name of Probyn:
Upon reading the Petition of John Hopkins Probyn
Esquire, formerly called John Hopkins; praying Leave
to bring in a Bill, to enable the Petitioner and his Descendants to take the Surname of Probyn, and use the
Arms of that Family, according to the Will of Sir Edmund Probyn Knight, late Chief Baron of His Majesty's
Court of Exchequer:
It is Ordered, That Leave be given to bring in a
Bill, as desired.
Bill read.
Accordingly the Duke of Bedford presented to the
House a Bill, intituled, "An Act to enable John
Probyn Esquire, lately called John Hopkins, and his
Descendants, to take and use the Surname of Probyn,
pursuant to the Will of Sir Edmund Probyn Knight,
deceased."
The said Bill was read the First Time.
Vernons to revive Appeal.
A Petition of Anna Bella Vernon and Matilda Vernon,
the only Daughters and Heirs at Law of Thomas Vernon
Esquire and of Jane Vernon his Widow, both deceased;
and the Petitioner Matilda Vernon is Administratrix of
the said Thomas Vernon, with his Will annexed, and is
also sole Executrix of the said Jane Vernon, was presented to the House, and read; praying, "That the
Cause upon the Appeal of the said Jane Vernon, to
which Edward Vernon and others are Respondents,
and all Proceedings therein, may stand and be revived,
in such Manner as to the House shall seem meet."
And thereupon the Petitioners Agent was called in,
and heard at the Bar.
And the Order of this House, made on the 5th Day
of March last, on a former Petition, for reviving the
said Appeal, was read.
And the said Agent being withdrawn:
Ordered, That the said Order be vacated; and
that the said Appeal be revived, according to the Prayer
of the Petition.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
vicesimum octavum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Veneris, 28o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Archiep. Cant.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Roffen.
Epus. Meneven.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Hervey, C. P. S.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Beaufort.
Dux Leeds.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Montagu.
Dux Newcastle.
Dux Portland.
Dux Greenwich.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cardigan.
Comes Carlisle.
Comes Shaftesbury.
Comes Albemarle.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland.
Comes Morton.
Comes Home.
Comes Lauderdale.
Comes Loudoun.
Comes Findlater.
Comes Breadalbane.
Comes Ilay.
Comes Oxford.
Comes Tankerville.
Comes Aylesford.
Comes Halifax.
Comes Stanhope.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Wilmington.
Viscount Fauconberg.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Abergavenny.
Ds. Delawarr.
Ds. Poulet.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Haversham.
Ds. Gower.
Ds. Conway.
Ds. Somerville.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Raymond.
Ds. Talbot.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
Hopkins to take the Name of Probyn, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
enable John Probyn Esquire, lately called John Hopkins, and his Descendants, to take and use the Surname of Probyn, pursuant to the Will of Sir Edmund Probyn Knight, deceased."
Ordered, That the said Bill be committed to the
Consideration of the Lords following; (videlicet,)
|
L. President.
D. Leeds.
D. Bedford.
D. Montagu.
D. Portland.
D. Bridgewater.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Sandwich.
E. Carlisle.
E. Shaftesbury.
E. Coventry.
E. Cholmondeley.
E. Sutherland.
E. Findlater.
E. Ilay.
E. Oxford.
E. Aylesford.
E. Halifax.
E. Harborough.
E. Graham.
E. Wilmington.
Viscount Fauconberg.
Viscount St. John.
Viscount Falmouth. |
L. Bp. Rochester.
L. Bp. St. Davids.
L. Bp. Oxford.
L. Bp. St. Asaph.
L. Bp. Norwich.
L. Bp. Landaff. |
L. Carteret, Sec.
L. Delawarr.
L. Strange.
L. Cornwallis.
L. Haversham.
L. Gower.
L. Conway.
L. Somerville.
L. Hay.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Hobart.
L. Raymond.
L. Talbot.
L. Ilchester.
L. Fitzwilliam.
L. Edgcumbe. |
Their Lordships, or any Five of them; to meet on
Monday next, at the usual Time and Place; and
to adjourn as they please.
D. of Leeds's Bill.
The Lord Foley reported from the Lords Committees
to whom the Bill, intituled, "An Act for repealing a
Power in the Marriage Settlement of Thomas Duke
of Leeds and Mary his now Wife, and for creating a
new Power instead thereof; and for other Purposes
therein mentioned," was committed: "That they
had considered the said Bill, and examined the Allegations thereof, which they found to be true; that
the Parties concerned had given their Consents; and
that the Committee had gone through the Bill, and
made some Amendments thereunto."
Which, being read Twice by the Clerk, were agreed
to by the House.
Ordered, That the said Bill, with the Amendments,
be engrossed.
Thwaites & al. made Respondents to Vernon's Appeal.
Upon reading the Petition of Ephraim Thwaites
Esquire and Ann his Wife, and Francis Huysh Clerk;
setting forth, "That they lately exhibited their Appeal
to this House, against Jane Vernon Widow and others;
complaining of a Decree of the Court of Chancery
in Ireland, in the Year 1686; to which the Respondents put in their Answer; but, before any further
Proceeding, the said Jane Vernon died;" and praying, "That the Representatives of the said Jane Vernon and her late Husband may be made Respondents
to the Petitioners Appeal; and that all the Proceedings thereon may stand and be revived, in such
Manner as her Appeal stands revived:"
It is Ordered, That the same do stand revived accordingly; and that the said Representatives be made
Respondents to the Petitioners Appeal, as desired.
Message from H. C. to return Sir Job Brooke's Bill.
A Message was brought from the House of Commons,
by Sir Miles Stapylton and others:
To return the Bill, intituled, "An Act to prevent
Sir Job Brooke Baronet, a Lunatic, from aliening or
encumbering his Estate, or marrying, during his Lunacy;" 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 Thrice, were agreed
to.
And a Message was sent to the House of Commons,
by Mr. Spicer and Mr. Edwards, to acquaint them
therewith.
Aston Cantlow Common, Bill.
The Earl of Findlater reported from the Lords Committees to whom the Bill, intituled, "An Act for dividing and enclosing, setting out and allotting, certain
Common Fields and Enclosures, within the Manor and
Parish of Aston Cantlow, in the County of Warwick,"
was committed: "That they had considered the said
Bill, and examined the Allegations thereof, which they
found to be true; that the Parties concerned had given
their Consents; and that the Committee had gone
through the Bill, and directed him to report the same
to the House, without any Amendment."
Sir Roger Burgoyne's Bill.
The said Earl made the like Report from the Lords
Committees to whom the Bill, intituled, "An Act for
confirming and establishing an Exchange agreed to
be made, of certain Lands in the Parish of Sutton, in
the County of Bedford, between Sir Roger Burgoyne
Baronet Lord of the Manor, and Doctor Crane Rector of the Church, of Sutton, in order to promote
and facilitate the Enclosure of Common Fields and
Common Grounds in the said Parish; and for securing to the said Rector an Equivalent for his Tithes
arising in the said Parish of Sutton," was committed.
Against counterfeiting Gold and Silver Lace, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
prevent the counterfeiting of Gold and Silver Lace;
and for settling and adjusting the Proportions of fine
Silver and Silk; and for the better making Gold and
Silver Thread."
Ordered, That the said Bill be committed to a Committee of the whole House, on Tuesday next.
Officers, Members of H. C. excluding Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to
exclude certain Officers from being Members of the
House of Commons."
Ordered, That the said Bill be committed to a
Committee of the whole House, on Tuesday next.
Justices of Corporations to commit Offenders, Bill.
The House (according to Order) was adjourned during
Pleasure, and put into a Committee on the Bill, intituled, "An Act to empower the Justices of the Peace
of a Liberty or Corporation to commit Offenders to
the House of Correction of the County, Riding, or
Division, in which such Liberty or Corporation is
situate."
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 some Amendments thereunto; which he was
directed to report, whenever the House will please to
receive the same."
Ordered, That the said Report be received on
Tuesday next.
Persons who have neglected to take the Oaths, indemnifying, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act to
indemnify Persons who have omitted to qualify themselves for Offices, Employments, and Promotions,
within the Time limited by Law; and for allowing
further Time for that Purpose."
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.
Trade protecting, Bill.
The Order being read, for the Second Reading of
the Bill, intituled, "An Act for the better protecting
and securing of the Trade and Navigation of this
Kingdom, in Times of War:"
Ordered, That the said Bill be read a Second Time
on Tuesday next; and the Lords to be summoned; and
the Bill in the mean Time printed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
vicesimum nonum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Sabbati, 29o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath & Wells.
Epus. Roffen.
Epus. Meneven.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic. |
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Comes Berkshire. |
Ds. Ward.
Ds. Boyle.
Ds. Foley. |
PRAYERS.
In order to proceed to the Abbey Church, Westminster,
to solemnize this Day; being by Act of Parliament appointed to be observed as a Day of Thanksgiving, for
the Restitution of King Charles the Second and Royal
Family, and Restoration of the Government;
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 31o Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Asaphen.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Cicestriens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux Grafton, Camerarius.
Dux Leeds.
Dux Marlborough.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Winchilsea.
Comes Berks.
Comes Sandwich.
Comes Carlisle.
Comes Ailesbury.
Comes Coventry.
Comes Jersey.
Comes Sutherland.
Comes Findlater.
Comes Halifax.
Comes Graham.
Comes Pomfret.
Comes Fitzwalter.
Viscount Fauconberg. |
Ds. Abergavenny.
Ds. Delawarr.
Ds. Clifton.
Ds. Ward.
Ds. Cornwallis.
Ds. Gower.
Ds. Somerville.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Edgar against Maxwell:
After hearing Counsel, upon the Petition and Appeal
of Theodore Edgar, Grandson of the deceased Alexander
Johnston of Elshiels; complaining of an Interlocutor of
the Lords of Session in Scotland, of the 6th of July
1736, made on the Behalf of James Maxwell, and so
much of an Interlocutor of the same Lords, of the 29th
of the same July, as adheres to their said former Interlocutor; and praying, "That the same might be reversed; and that the Appellant might have such Relief as to the House in their great Wisdom should
seem meet:" As also upon the Answer of the said
James Maxwell 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 Interlocutors therein complained of be, and the same are hereby, affirmed.
Thanks to the Bp. of St. Asaph, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of St. Asaph, for
the Sermon by him preached before this House, on Saturday last, in the Abbey Church, Westminster; and he
is hereby desired to cause the same to be printed and
published.
Hopkins to take the Name of Probyn, Bill.
The Lord Bishop of Norwich reported from the
Lords Committees to whom the Bill, intituled, "An
Act to enable John Probyn Esquire, lately called John
Hopkins, and his Descendants, to take and use the
Surname of Probyn, pursuant to the Will of Sir
Edmund Probyn Knight, deceased," was committed:
That they had considered the said Bill, and examined
the Allegations thereof, which they found to be true;
and that the Committee had gone through the Bill,
and directed him to report the same to the House,
without any Amendments."
Ordered, That the said Bill be engrossed.
D. of Leeds's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for repealing a Power in the Marriage Settlement of
Thomas Duke of Leeds with Mary his now Wife;
and for creating a new Power instead thereof; and
for other Purposes therein mentioned."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by
Mr. Holford and Mr. Thurston:
To carry down the said Bill, and desire their Concurrence thereunto.
Sir Roger Burgoyne's Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for confirming and establishing an Exchange agreed
to be made, of certain Lands, in the Parish of Sutton,
in the County of Bedford, between Sir Roger Burgoyne
Baronet Lord of the Manor, and Doctor Crane
Rector of the Church, of Sutton, in order to promote
and facilitate the Enclosure of the Common Fields
and Common Grounds in the said Parish; and for
securing to the said Rector an Equivalent for his
Tithes arising in the said Parish of Sutton."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Aston Cantlow Common, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act
for dividing and enclosing, setting out, and allotting,
certain Common Fields and Enclosures, within the
Manor and Parish of Aston Cantlow, in the County of
Warwick."
The Question was put, "Whether this Bill
shall pass?"
It was Resolved in the Affirmative.
Messages to H. C. that the Lords have agreed to the Two preceding Bills.
And Messages were severally ordered to be sent to
the House of Commons, by the former Messengers:
To acquaint them, that the Lords have agreed to the
Two last mentioned Bills, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis,
primum diem Junii jam prox. sequen. hora undecima
Auroræ Dominis sic decernentibus.