April 1743
DIE Martis, 12o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffens.
Epus. Hereford.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Glocestriens.
Epus. Asaphens.
Epus. Norwic.
Epus. Bangor.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux St. Albans.
Dux Leeds.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Home.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Harborough.
Comes Graham.
Viscount Say & Seale.
Viscount Fauconberg. |
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Poulet.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Haversham.
Ds. Somerville.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
Bankrupts Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
to continue an Act made in the Fifth Year of the
Reign of His present Majesty, intituled, An Act to
prevent the committing of Frauds by Bankrupts."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Thurston and Mr. Burroughs:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Delahay's Bill, Committee revived.
Ordered, That the Committee to whom the Bill,
intituled, "An Act for Sale of certain Estates, in the
County of Hereford, devised by the Will of Thomas
Delahay Esquire, deceased, pursuant to a Decree of
the Court of Chancery," stands committed, be revived; and meet To-morrow.
E. of Home against Clark:
A Petition of William Earl of Home, was presented to
the House, and read; setting forth, "That, on the
29th of March last, his Solicitor in his Appeal wrote
to Scotland, for the Decree and other Papers and Instructions in the Cause; but, to his great Surprize,
his Agent in the Court below, by Letter of the 5th
Instant, acquaints him it was impossible to send the
Decree or Extract of the Proceedings, by reason not
only the Writings which had been produced in the
said Court, but even the Interlocutory Orders or Records thereof, were taken up by the Respondent's
Agents, and brought to London; whereby the Petitioner is disabled from preparing his Case, and instructing Counsel for hearing the Cause, which now stands
for Monday next;" and praying, "That the same
may be put off; and that, in the mean Time, the
Respondent and her Agent may be ordered to return
to the proper Officer the Records and other Papers,
that the Petitioner may have an Extract of the Proceedings in the usual Form."
And thereupon the Agents on both Sides were
called in.
And the Petitioner's Agent, being sworn, delivered
in, at the Bar, the Letter abovementioned, and other
Papers; some of which were read at the Table.
And then the said Agent was examined, in relation to
the Allegations of the said Petition.
And the Respondent's Agent being then heard thereupon:
They were directed to withdraw.
Hearing put off.
Ordered, That the Hearing of the said Cause be
put off to Wednesday the 10th Day of May next.
Carts with Four Horses, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act for allowing Carts to be drawn with
Four Horses."
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 directed him to report the same to the House,
without any Amendment."
Sinking Fund, Bill.
The House also (according to Order) was adjourned
during Pleasure, and put into a Committee upon the
Bill, intituled, "An Act for granting to His Majesty
the Sum of One Million, out of the Sinking Fund;
and for applying a further Sum, therein mentioned,
for the Service of the Year One Thousand Seven
Hundred and Forty-three; and for the further appropriating the Supplies granted in this Session of Parliament."
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 directed him to report the same to the House,
without any Amendment."
Continuing Laws, Bill.
The like Proceeding was had, in relation to the Bill,
intituled, "An Act for continuing several Laws, relating
to the Allowance upon the Exportation of Britishmade Gunpowder; to the Importation of Naval Stores
from the British Colonies in America; to the additional
Number of One Hundred Hackney Chairs, and to
the Powers given for regulating Hackney Coaches and
Chairs; for punishing the Venders of unstamped
News Papers; for allowing the Importation of Hemp
or Flax manufactured in Ireland, though not sworn to
be of the Growth of Ireland; and for the Relief of
Bryan Blundell, in respect to the Duty on some White
Salt, lost in a Storm at Sea."
Foreign Gold and Silver Lace, &c. Wear, to prevent, Bill.
The Order of the Day being read, for the House to
be in a Committee to consider further of the Bill, intituled, "An Act for the more effectual preventing the
Importation and Wear of Gold and Silver Thread,
Lace, Fringe, or other Work made of Gold or Silver
Wire manufactured in Foreign Parts:"
Ordered, That the House be put into a Committee,
to consider further of the said Bill, on Friday next; and
that the Cause which stands for a Hearing on that Day
be put off to Monday next.
Elections for Knights of Shires, Bill.
Whereas Thursday next is appointed, for the House
to be in a Committee on the Bill, intituled, "An Act
to explain and amend the Laws touching the Elections
of Knights of the Shire, to serve in Parliament, for
that Part of Great Britain called England; and to restrain the Partiality, and regulate the Conduct, of
Returning Officers at such Elections:"
Ordered, That the House be put into a Committee
thereupon, on Friday next; and the Lords to be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum tertium diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Mercurii, 13o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Sarum.
Epus. Exon.
Epus. Asaphen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Home.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Effingham.
Comes Malton.
Comes Bath. |
Ds. Willoughby Par.
Ds. Poulet.
Ds. Ward.
Ds. Cornwallis.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Raymond.
Ds. Monson.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Sinking Fund, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for granting to His Majesty the Sum of One Million,
out of the Sinking Fund; and for applying a further
Sum, therein mentioned, for the Service of the Year
One Thousand Seven Hundred and Forty-three; and
for the further appropriating the Supplies granted in
this Session of Parliament."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Continuing Laws, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for continuing several Laws, relating to the Allowance
upon the Exportation of British-made Gunpowder;
to the Importation of Naval Stores from the British
Colonies in America; to the additional Number of
One Hundred Hackney Chairs, and to the Powers
given for regulating Hackney Coaches and Chairs;
for punishing the Venders of unstamped News Papers;
for allowing the Importation of Hemp or Flax manufactured in Ireland; though not sworn to be of the
Growth of Ireland; and for the Relief of Bryan
Blundell, in respect to the Duty on some White Salt
lost in a Storm at Sea."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Carts with Four Horses, Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act
for allowing Carts to be drawn with Four Horses."
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 these Bills.
And Messages were severally ordered to be sent to the
House of Commons, by Mr. Thurston and Mr. Burroughs:
To acquaint them, that the Lords have agreed to the
said Bills, without any Amendment.
Persons omitting to take the Oaths, indemnifying, Bill.
Whereas To-morrow is appointed, for the House to
be in a Committee upon the Bill, intituled, "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; and also for amending so much of
an Act, made in the Twenty-fifth Year of the Reign
of King Charles the Second, intituled, "An Act for
preventing Dangers which may happen from Popish
Recusants," as relates to the Time for receiving the
Sacrament of the Lord's Supper, now limited by
the said Act:"
It is Ordered, That the House be put into a Committee upon the said Bill, on Friday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Veneris, 15o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Ds. Gower, C. P. S.
Dux Richmond.
Dux St. Albans.
Dux Devon.
Dux Montagu.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Cardigan.
Comes Anglesey.
Comes Doncaster.
Comes Shaftesbury.
Comes Litchfield.
Comes Coventry.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Portmore.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Carteret, Unus Primariorum Secretariorum.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Haversham.
Ds. Hervey.
Ds. Somerville.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
D. of Montague's Privilege:
Upon reading the Petition of Richard Bacchus, of
Ulverstone, in the County of Lancaster, Labourer, in
Custody of the Serjeant at Arms attending this House,
for a Breach of Privilege against his Grace the Duke of
Montagu, for his having executed a Writ, and taking
John Dodgson out of the Custody of the Duke's Bailiff,
in the Liberty of the Manor of Furnes, in the said County; acknowledging his Offence, and that he had been
guilty of an illegal Act; expressing his Sorrow for the
same; promising never to be guilty for the future; and
praying to be discharged out of Custody, to prevent
the Ruin of himself and Family:
Bacchus to be brought to the Bar.
It is Ordered, That the Petitioner be brought to
the Bar of this House on Monday next, in order to his
Discharge.
E. of Portsmouth introduced:
John Viscount Lymington being, by Letters Patent,
dated 11o Die Aprilis, 16o Georgii 2di, created Earl
of Portsmouth, was (in his Robes) introduced, between
the Earl of Pembroke and the Earl of Shaftesbury (also
in their Robes); the Gentleman Usher of the Black
Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.
The Earl presented his said Patent, on his Knee, to
the Lord Chancellor, at the Woolsack; who delivered
it to the Clerk; and the same was read, at the Table.
His Writ of Summons was also read, as follows:
His Writ of Summons.
"George the Second, by the Grace of God, of
Great Britain, France, and Ireland, King, Defender
of the Faith, &c. To Our Right Trusty and Right
Well-beloved Cousin John Earl of Portsmouth, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence
of Our Kingdom of Great Britain and of the Church,
is now met at Our City of Westminster; We, strictly
enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers
impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us,
and with the Prelates, Nobles, and Peers, of Our
said Kingdom, to treat of the aforesaid Affairs, and
to give your Advice; and this you may in no wife
omit, as you tender Us and Our Honour, and the
Safety and Defence of the said Kingdom and Church,
and the Dispatch of the said Affairs.
"Witness Ourself, at Westminster, the Twelfth Day
of April, in the Sixteenth Year of Our Reign.
"Bisse."
Then his Lordship, having, at the Table, taken the
Oaths, and made and subscribed the Declaration, and
also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lowest End of
the Earls Bench.
Conference on the Vagrants Bill:
A Message was brought from the House of Commons,
by Mr. Winnington and others:
To desire a Conference with this House, on the Subject-matter of the Amendments made by their Lordships
to the Bill, intituled, "An Act to amend and make
more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to
Houses of Correction."
To which the House agreed.
And the Messengers were called in; and told, "That
the Lords do agree to a Conference, as desired; and
appoint it presently, in the Painted Chamber."
The Lords following were named Managers of the
Conference; (videlicet,)
|
D. Portland.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Cholmondeley.
E. Oxford.
E. Strafford.
E. Stanhope.
E. Bath.
E. Portsmouth.
Vis. Lonsdale. |
L. Bp. Sarum.
L. B. St. Asaph. |
Ld. Delawarr.
Ld. Willoughby Par.
Ld. Cornwallis.
Ld. Ducie.
Ld. Ilchester.
Ld. Fitzwilliam. |
The House being informed, "That the Commons
were ready, in the Painted Chamber:"
The Managers Names were called over.
And the House was adjourned during Pleasure, and
the Lords went to the Conference.
Which being ended, the House was resumed.
Report of the Conference.
And the Duke of Portland reported, "That the
Lords had met the Commons, at the Conference; which
was managed on their Part by Mr. Hooper and others;
who delivered to them a Paper, to the Effect following:
"The Commons agree to all the Amendments made
by your Lordships to the Bill, intituled, "An Act to
amend and make more effectual the Laws relating to
Rogues, Vagabonds, and other idle and disorderly
Persons, and to Houses of Correction," except the
Amendment in Press 12, Line the last; and the
Amendment in Press 19, Line 20.
"To the Amendment in Press 12, Line the last, of
the said Bill, the Commons disagree:
"Because the Allowance for passing and conveying
Rogues, Vagabonds, and incorrigible Rogues, is, by
the said Amendment, limited to be according to the
Rates and Allowances appointed at the General or
Quarter Sessions of the Peace, as is by the Bill after
directed: For though the Clause, to which this
Amendment refers, directs the Justices of the Peace,
at their General or Quarter Sessions, to appoint such
Rates and Allowances, and requires all Justices of the
Peace to observe and submit to such Rates and Allowances so appointed; yet since the Bill, as to the passing
and conveying of Rogues, Vagabonds, and incorrigible Rogues, will commence before such Rates and
Allowances can possibly be appointed at the General
or Quarter Sessions, the Commons conceive that, in
the mean Time, the Allowance for passing and conveying must of Necessity be ascertained by the Discretion
of the Justice or Justices of the Peace who shall
make the Pass; and that consequently, before such
Rates and Allowances shall be appointed at the General or Quarter Sessions of the Peace, the Limitation proposed by your Lordships in this Amendment
will be improper, and after such Appointment unnecessary.
"The Commons also disagree to the Amendment
made by your Lordships, in Press 19, Line 20, of the
said Bill; which Amendment directs the Treasurer of
the County to pay to the Governor of the House of
Correction the Rates ascertained in the Certificate by
him delivered, and directs such Payment to be allowed in the said Treasurer's Accompt:
"Because such Payment and Allowance are sufficiently provided for by the Bill; and the Commons observe, that the unnecessary Specification of particular
Rules doth, in some Cases, weaken the Force of general Directions.
"The Commons decline, at this Time, offering any
other Reasons for disagreeing to the said Amendments
made by your Lordships; apprehending that the
Reasons already given will induce your Lordships not
to insist upon the said Amendments."
Which Report being read by the Clerk:
Ordered, That the same be taken into further Consideration on Monday Sevennight.
Message from H. C. to return Savage's Bill.
A Message was brought from the House of Commons, by the Lord Deerburst and others:
To return the Bill, intituled, "An Act for establishing an Agreement, between Margaret Savage Spinster
and Elizabeth Byrche Widow, Two of the Daughters
and Coheirs of Thomas Savage Esquire, deceased,
relating to the Settlement and Disposition of the Real
and Personal Estate of the said Thomas Savage;" and
to acquaint this House, that they have agreed to the
same, with some Amendments; whereunto they desire
their Lordships Concurrence.
The said Amendments, being read, were agreed to.
And a Message was sent to the House of Commons,
by Mr. Thurston and Mr. Burroughs, to acquaint them
therewith.
Elections for Knights of Shires, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill,
intituled, "An Act to explain and amend the Laws
touching the Elections of Knights of the Shire, to
serve in Parliament, for that Part of Great Britain
called England; and to restrain the Partiality, and regulate the Conduct, of Returning Officers at such
Elections."
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
would be ready to report, when the House will please
to receive the same."
Ordered, That the said Report be received on
Tuesday next; and the Lords to be summoned.
Foreign Gold and Silver Lace Wear of, to prevent, Bill.
The Order of the Day being read, for the House to
be in a Committee upon the Bill, intituled, "An Act
for the more effectual preventing the Importation and
Wear of Gold and Silver Thread, Lace, Fringe, or
other Work made of Gold or Silver Wire, manufactured in Foreign Parts:"
Ordered, That the House be put into a Committee
thereupon, on this Day Fortnight.
Persons omitting to take the Oaths, indemnifying, 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 and Employments within the Time limited by Law, and for allowing further Time for that Purpose; and also for
amending so much of an Act, made in the Twentyfifth Year of the Reign of King Charles the Second,
intituled, "An Act for preventing Dangers which
may happen from Popish Recusants," as relates to the
Time for receiving the Sacrament of the Lord's
Supper, now limited in the said Act."
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 directed him to report the same to the House,
without any Amendment."
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 18o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Roffens.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens. |
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Bridgewater.
Comes Northampton.
Comes Thanet.
Comes Ailesbury.
Comes Shaftesbury.
Comes Harborough.
Comes Malton. |
Ds. Willoughby Par.
Ds. Poulet.
Ds. Haversham.
Ds. Somerville.
Ds. Cadogan.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Poyntz against Shorter, in Error: Pet. for Hearing to be considered.
Upon reading the Petition of John Shorter, Defendant in a Writ of Error depending in this House,
wherein William Poyntz Gentleman is Plaintiff; praying,
That a short Day may be appointed for hearing this
Cause, in regard the Petitioner conceives the said
Writ of Error is brought purely for Delay:"
It is Ordered, That the said Petition be taken into
Consideration To-morrow; and that, in the mean Time,
the Petitioner do give Notice thereof to the Plaintiff in
the said Writ.
Persons omitting 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 and Employments within the
Time limited by Law, and for allowing further Time
for that Purpose; and also for amending so much of
an Act, made in the Twenty-fifth Year of the Reign
of King Charles the Second, intituled, "An Act for
preventing Dangers which may happen from Popish
Recusants," as relates to the Time for receiving the
Sacrament of the Lord's Supper, now limited by
the said Act."
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.
D. of Mountague's Privilege: Bacchus discharged.
Richard Bacchus, of Ulverstone, in the County of Lancaster, Labourer, in Custody of the Serjeant at Arms
attending this House, for a Breach of Privilege against
the Duke of Montagu, was (according to Order)
brought to the Bar; where he, upon his Knees, receiving a Reprimand from the Lord Chancellor for his
said Offence, was discharged out of Custody, paying
his Fees.
Arcedeckne against Kelly & al.:
After hearing Counsel, upon the Petition and Appeal
of Nicholas Arcedeckne Esquire; complaining of an Order of the Court of Chancery in Ireland, of the 3d of
June last, for discharging one Robert Ridge, a Defendant in the said Court to a Bill brought by William
Kelly Gentleman, from his Confinement, pursuant to an
Order of the said Court, of the 11th of March 1741;
and for that the Lord Chancellor did not, on several
Motions, order that all the Deeds and Papers that had
been brought in and deposited by the said Ridge with
the Usher of the said Court, pursuant to the said Order
of the 11th of March, should be delivered to the Appellant or his Agent; and praying, "That the said
Order of the said Third of June might be reversed;
and that the House would be pleased to order, that
the remaining Parts of the Deeds and Papers, that
were brought in and deposited by the said Robert
Ridge with the said Usher, pursuant to the said Order
of the 11th of March, which have not already been
delivered out to the Appellant's Agent, pursuant to
an Order of the said Court of the 7th of July last,
might be delivered to the Appellant or his Agent;
and that the Appellant might have such further and
other Relief as to the House in their great Wisdom
should seem meet:" As also upon the several Answers
of the said William Kelly and Robert Ridge 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 Orders complained of
in and by the said Appeal be, and the same are hereby, affirmed.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Martis, 19o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Arch. Cant.
Epus. Roffen.
Epus. Hereford.
Epus. Glocestriens.
Epus. Oxon.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Devon.
Dux Montagu.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Cardigan.
Comes Anglesey.
Comes Shaftesbury.
Comes Coventry.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Pomfret.
Comes Fitzwalter.
Comes Effingham.
Comes Malton.
Comes Offord.
Comes Bath.
Viscount Say & Seale.
Viscount Falmouth.
Viscount Torrington. |
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Poulet.
Ds. Maynard.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Walpole.
Ds. Monson.
Ds. Lovel.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
Message from H. C. to return the Bill against assisting Prisoners to escape.
A Message was brought from the House of Commons,
by Mr. Carew and others:
To return the Bill, intituled, "An Act for the further Punishment of Persons who shall assist or encourage Prisoners to escape;" and to acquaint this House,
that they have agreed to their Lordships Amendments
to the said Bill, with an Amendment to one of the
said Amendments, whereunto they desire their Lordships Concurrence.
The said Amendment, being read Thrice, was agreed
to; and is as follows:
"Clause (A), Line 10. After ["Warrant"], insert
["or if any Person shall be aiding or assisting to any
Felon to attempt to make his Escape, from on Board
any Boat, Ship, or Vessel, carrying Felons for Transportation, or from the Contractor for the Transportation of such Felons, his Assigns or Agents, or any
other Person to whom such Felon shall have been lawfully delivered, in order for Transportation"]."
And a Message was sent to the House of Commons,
by Mr. Burroughs and Mr. Allen, to acquaint them therewith.
Poyntz against Shorter, Writ of Error.
The House (according to the Order of Yesterday)
proceeded to take into Consideration the Petition of John
Shorter, Defendant in a Writ of Error, wherein William
Poyntz Gentleman is Plaintiff; praying a short Day may
be appointed, for hearing this Cause.
And the Agent for the Petitioner attending, he was
called in (no Person appearing for the Plaintiff in Error).
And having been examined, upon Oath, as to the
Service of the said Order;
He was directed to withdraw.
Ordered, That the said Cause be heard, by Counsel, at the Bar, To-morrow.
Elections for Knights of Shires, Bill.
The other Order of the Day being read, for receiving the Report of the Amendments made by the Committee of the whole House to the Bill, intituled, "An
Act to explain and amend the Laws touching the
Elections of Knights of the Shire, to serve in Parliament, for that Part of Great Britain called England;
and to restrain the Partiality, and regulate the Conduct,
of Returning Officers at such Elections."
Ordered, That the said Report be received on this
Day Fortnight.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
vicesimum diem instantis Aprilis, hora undecima Auroræ,
Dominis sic decernentibus.
DIE Mercurii, 20o Aprilis.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
|
Epus. Hereford.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Bristol.
Epus. Menevens. |
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Cardigan.
Comes Anglesey.
Comes Shaftesbury.
Comes Home.
Comes Ilay.
Comes Harborough.
Comes Fitzwalter.
Viscount Lonsdale.
Viscount Falmouth. |
Ds. Willoughby Par.
Ds. Ward.
Ds. Cornwallis.
Ds. Somerville.
Ds. Foley.
Ds. Onslow.
Ds. Ilchester.
Ds. Fitzwilliam. |
PRAYERS.
Message from H. C. to return Dodwell's Bill.
A Message was brought from the House of Commons,
by Sir Charles Windham and others:
To return the Bill, intituled, "An Act for Sale of a
Tenement, adjoining to Northumberland House in The
Strand, Part of the Estate of Sir William Dodwell
Knight, deceased; and for laying out the Money
arising thereby in the Purchase of Lands to be settled
to the same Uses;" and to acquaint this House, that
they have agreed to the same, without any Amendment.
Poyntz against Shorter, Writ of Error:
Whereas this Day was appointed, for hearing the
Errors argued upon the Writ of Error brought into
this House the 29th Day of March last, wherein William
Poyntz Gentleman is Plaintiff, and John Shorter 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 affirmed, with Costs.
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 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 Two 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, is as
follows:
"But because the Court of Parliament aforesaid now
here is not yet advised what Judgement to give of
and upon the Premises, Day is therefore given to the
Parties aforesaid, before the same Court of Parliament,
wheresoever &c. until Wednesday the 20th Day of
this Instant April, to hear their Judgement of and
upon the Premises, because the said Court of Parliament now here is not yet advised &c. at which Day,
before the same Court of Parliament aforesaid, at
Westminster, in the County of Middlesex, aforesaid,
came the Parties aforesaid, in their proper Persons;
whereupon, all and singular the Premises being seen,
and by the said Court of Parliament now here fully
understood, and having diligently examined and inspected as well the Record and Process aforesaid, and
the Adjudication of Execution aforesaid, and the
Affirmance thereof, as the Causes and Matters aforesaid by the said William Poyntz above assigned for
Error; and mature Deliberation being thereupon had;
it appears to the same Court of Parliament now here,
that neither in the Record and Process aforesaid, nor
in the Adjudication of Execution aforesaid, nor in
the Affirmance of the same, is there any Error, and
that the same is no wife vitious or defective: Therefore it is considered by the same Court of Parliament
aforesaid, that the Judgement of Adjudication of
Execution aforesaid, and also the Affirmance of the
same Judgement, be in all Things affirmed, and
stand in its full Force and Effect, the said Causes and
Matters by the said William Poyntz above assigned for
Error in any wife notwithstanding: It is also further
considered by the same Court of Parliament aforesaid now here, that the aforesaid John Shorter recover, against the aforesaid William Poyntz, Two Hundred
Pounds, to the same John Shorter, with his Assent,
by the same Court of Parliament aforesaid, according
to the Form of the Statute in that Case made and
provided, adjudged for his Damages, Costs, and
Charges, which he hath sustained by occasion of the
Delay of the Execution of the Judgement aforesaid,
by Pretext of prosecuting the said Writ of Error:
And thereupon the Record aforesaid, and also the
Process in the Premises in the same Court of Parliament, had by the same Court of Parliament, are remitted to the Court of our Lord the King, before
the King Himself, wheresoever &c. to the End that
Execution may be done thereupon."
Magenis against Magenis:
A Petition of John Magenis Gentleman was presented
to the House, and read; setting forth, "That, since the
putting off the Hearing of the Petitioner's Appeal,
he hath applied to the Person who has a Settlement,
which was produced and read at the Hearing of the
Cause in the Court below, for Liberty to make use
thereof at the hearing the said Appeal in this House,
and offered to give him Security for returning it; but
he refuses to part with the same; and praying such
Relief as to their Lordships shall seem meet:"
And thereupon the Agents on both Sides were called
in, and heard, at the Bar, in relation to the Allegations
of the said Petition.
And one Mr. Kearan was called in, and examined,
upon Oath, concerning this Matter.
And then they were all directed to withdraw.
Copy of Deed to be read at hearing the Cause.
Ordered, That the said Settlement, being in the
Hands of Mr. Annesley in Ireland, who is no Party to
the Suit in which the said Appeal is brought, a Copy
thereof, examined with the Original, and proved at the
Hearing of this Appeal to be a true Copy, be read at
such Hearing, in like Manner as the Original Deed
might have been read, in case the same had been produced.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Aprilis, hora undecima
Auroræ, Dominis sic decernentibus.
DIE Jovis, 21o Aprilis.
REX.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
Fredericus Princeps Walliæ.
|
Arch. Cant.
Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Asaphen.
Epus. Norwic.
Epus. Landavens.
Epus. Menevens. |
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Grafton, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Portland.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Lincoln.
Comes Winchilsea.
Comes Sandwich.
Comes Ailesbury.
Comes Litchfield.
Comes Cholmondeley.
Comes Home.
Comes Loudoun.
Comes Ilay.
Comes Oxford.
Comes Strafford.
Comes Cowper.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Wilmington.
Comes Malton.
Comes Offord.
Comes Bath.
Comes Portsmouth.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington. |
Ds. Willoughby Par.
Ds. North.
Ds. Poulet.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Cadogan.
Ds. Ducie.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe. |
PRAYERS.
The House was adjourned during Pleasure, to robe.
The House was resumed.
King present:
His Majesty, being seated on the Throne, with the
accustomed Ceremonies; the Prince of Wales and the
Duke of Cumberland in their respective Places (in their
Robes); the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod, to let the
Commons know, "It is His Majesty's Pleasure, that
they attend Him immediately, in this House."
Who being come, with their Speaker;
He, after a Speech to His Majesty, in relation
to the Money Bills and other Matters, delivered the
same to the Clerk; who brought them to the Table;
where the Clerk of the Crown read the Titles of those
and the other Bills ready for the Royal Assent, as
follow:
Bills passed.
"1. An Act for granting to His Majesty the Sum of
One Million, out of the Sinking Fund; and for applying a further Sum, therein mentioned, for the
Service of the Year One Thousand Seven Hundred
and Forty-three; and for the further appropriating
the Supplies granted in this Session of Parliament."
"2. An Act for continuing several Laws, relating to
the Allowance upon the Exportation of British-made
Gunpowder; to the Importation of Naval Stores
from the British Colonies in America; to the additional Number of One Hundred Hackney Chairs, and to
the Powers given for regulating Hackney Coaches and
Chairs; for punishing the Venders of unstamped
News Papers; for allowing the Importation of Hemp
or Flax manufactured in Ireland, though not sworn
to be of the Growth of Ireland; and for the Relief
of Bryon Blundell, in respect to the Duty on some
White Salt lost in a Storm at Sea."
To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur
Benevolence, et ainsi le veult."
"3. An Act for rectifying Mistakes in the Names of
the Commissioners for the Land Tax, for the Year
One Thousand Seven Hundred and Forty-two; and
for the appointing other Persons, together with those
named for the said Year, to put in Execution an Act
of this present Session of Parliament, 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 Fortythree."
"4. 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; and also for amending so much of an Act, made in the Twenty-fifth
Year of the Reign of King Charles the Second, intituled, "An Act for preventing Dangers which may
happen from Popish Recusants," as relates to the
Time for receiving the Sacrament of the Lord's
Supper, now limited by the said Act."
"5. An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and
for Relief of Protestant Purchasers, Devisees, and
Lessees."
"6. An Act for the further Punishment of Persons
who shall aid or assist Prisoners to attempt to escape
out of lawful Custody."
"7. An Act for allowing Carts to be drawn with
Four Horses."
"8. An Act to continue an Act, made in the Fifth
Year of the Reign of His present Majesty, intituled,
An Act to prevent the committing of Frauds by
Bankrupts."
"9. An Act to make the Hamlet of Bethnal Green,
in the Parish of St. Dunstan Stepney, in the County
of Middlesex, a separate and distinct Parish; and for
erecting a Parish Church therein."
To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)
"Le Roy le veult."
"10. An Act for Sale of a Tenement, adjoining to
Northumberland House in The Strand, Part of the
Estate of Sir William Dodwell Knight, deceased; and
for laying out the Money arising thereby in the Purchase of Lands, to be settled to the same Uses."
"11. An Act for vesting divers Lands and Hereditaments, in Ravensworth and Washton, in the County of
York, in Andrew Perrot Gentleman, discharged of the
Uses and Trusts of the Marriage Settlement of James
Cooke the Younger; and for settling, in Lieu thereof,
other Lands and Hereditaments, of greater Value,
to the same Uses."
"12. An Act for establishing an Agreement, between
Margaret Savage Spinster and Elizabeth Byrche Widow, Two of the Daughters and Coheirs of Thomas
Savage Esquire, deceased, relating to the Settlement
and Disposition of the Real and Personal Estate of
the said Thomas Savage."
To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Then His Majesty spake as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"The Zeal, Prudence, and Dispatch, with which
you have carried on the Public Business, during the
Course of this Session, give Me the greatest Satisfaction.
"That this Nation and the common Cause may reap
the most beneficial Fruits of your vigorous Resolutions, I have, at the Requisition of the Queen of
Hungary, ordered My Army, in Conjunction with
the Austrian Troops, to pass The Rhine, as Auxiliaries to Her Hungarian Majesty, and for Her Support
and Assistance; and to oppose any dangerous Measures, that might affect the Balance and Liberties of
Europe, or hinder the Re-establishment of the Public
Tranquillity upon just and solid Foundations. I have
continued a strong Squadron in The Mediterranean,
and another in The West Indies, in order to carry on
the great Work of distressing our Enemies the Spaniards, and reducing them to safe and honourable
Terms of Peace, as well as of maintaining the Rights
of Navigation and Commerce belonging to My Subjects; and from the former of these Squadrons My
Allies in Italy have found, and still continue to receive, a most useful and advantageous Support.
"Gentlemen of the House of Commons,
"I return you My Thanks, for the ample Supplies
which you have granted for the Service of the current Year; and which, you may be assured, shall be
applied to those great Ends for which they were
given.
"My Lords, and Gentlemen,
"I have a firm Confidence in your good Affections;
and it is the fixed Purpose of My Heart, to promote
the true Interest and Happiness of My Kingdoms.
In Return for this, I expect, on your Part, that you
will exert your best Endeavours, in your respective
Stations, to render My Government easy, and to preserve the Peace and Quiet of the Nation."
The Speech being ended; and the Lord Chancellor
having received Directions from His Majesty, and being
returned to his former Place, said,
Parliament prorogued.
"My Lords, and Gentlemen,
"It is His Majesty's Royal Will and Pleasure, that
this Parliament be prorogued to Tuesday the Seventh
Day of June next, to be then here held: And this
Parliament is accordingly prorogued to Tuesday the
Seventh Day of June next."