May 1744

DIE Martis, 1^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

London Streets, better lighting, Bill.

The Duke of Portland reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual Provision for enlightening the Streets of the City of London;" was committed: That they had considered the said Bill; and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Luton Road, Bill.

The same Duke made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for amending and making more effectual an Act made in the last Session of Parliament, for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County; and from Luton to St. Albans, in the County of Hertford," was committed.

Summoning Witnesses on the Levant Bill.

Ordered, That the Clerk be empowered to issue Orders for the Attendance of such Witnesses as either Side shall desire to have produced and examined, in relation to the Bill depending in this House, for enlarging and regulating the Trade to The Levant Seas.

Pendred & al. against Griffith & al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Cordelia Pendred Widow, Morley Pendred her Eldest Son, an Infant under the Age of Twenty-one Years, by the said Cordelia Pendred his next Friend, and John Hawkshaw Gentleman; complaining of certain Decretal Orders of the Court of Exchequer in Ireland, of the 11th of November 1736, and 8th of June 1741, and the Proceedings founded thereupon, made on the Behalf of James Carrol Griffith Esquire; and praying, "That the same might be reversed, and the Appellants otherwise relieved as the House should seem meet:" As also upon the Answer of the said James Carrol Griffith and Abdiel Edwards 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 Decretal Orders and Proceedings founded thereupon, complained of in the said Appeal, be, and the same are hereby, affirmed: And it is further Ordered, That the said Appellants do pay, or cause to be paid, to the said Respondents the Sum of One Hundred Pounds of lawful Money of Great Britain, for their Costs in respect of the said Appeal.

Representation of the Board of Trade, on the Memorial of the Levant Company.

The Lord Monson, from the Commissioners of Trade and Plantations, laid before the House, pursuant to their Lordships Address to His Majesty on Friday last;

"A Copy of the Representation from the said Commissioners, to the Lords Justices, 9th October 1740, on the Memorial of the Levant Company, in June 1739, and September 1740."

And the Title of the said Representation being read, by the Clerk:

Ordered, That the same do lie on the Table.

Against corresponding with the Precender a Sons, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown."

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

It was Resolved in the Affirmative.

Messages to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Justice Abney and Mr. Baron Clark:

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

Glass Beads, &c. Duties on, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for repealing the Duties payable upon Glass Beads, and for granting other Duties in Lieu thereof; and for allowing the same Drawbacks on the Exportation of refined Borax and Camphire, which are allowed on the Exportation of unrefined Borax and Camphire; and for preventing the fraudulent Exportation of British and Irish Linens for the Sake of the Bounty allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for explaining and amending the said Act, as to the Persons who are to receive the said Bounty."

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."

To prevent assixing counterfeit Stamps to Linens, Bill.

The like Proceeding, was had upon the Bill, intituled, An Act for the more effectual preventing of the affixing of counterfeit Stamps to Foreign or other Linens."

Poor's Bill.

The remaining Order of the Day being read, for the House to be put into a Committee upon the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor."

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

Adjourn.

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

DIE Mercurii, 2^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Glass Beads, &c. Duties on, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for repealing the Duties payable upon Glass Beads, and for granting other Duties in Lieu thereof; and for allowing the same Drawbacks on the Exportation of refined Borax and Camphire, which are allowed on the Exportation of unrefined Borax and Camphire; and for preventing the fraudulent Exportation of British and Irish Linens for the Sake of the Bounty, allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for explaining and amending the said Act, as to the Persons who are to receive the said Bounty."

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

It was Resolved in the Affirmative.

To prevent affixing of counterfeit Stamps to Linens, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for the more effectual preventing of the affixing of counterfeit Stamps to Foreign or other Linens."

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

It was Resolved in the Affirmative.

London Streets lighting, Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual Provision for enlightening the Streets of the City of London."

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

It was Resolved in the Affirmative.

Luton Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for amending and making more effectual an Act made in the last Session of Parliament, for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County, and from Luton to St. Albans, in the County of Hertford."

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

It was Resolved in the Affirmative.

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

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

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

Gloucestershire Clothiers against the Levant Trade Bill.

A Petition of the Clothiers and Manufacturers of Woollen Cloth, in the County of Gloucester, whose Names are thereunto subscribed, was presented, and read; setting forth, "That the Petitioners apprehend, should the Bill for enlarging and regulating the Trade to The Levant Seas pass into a Law, it would endanger the losing of the Trade to Turkey, and of exporting Cloths, the Manufacture of this Kingdom, thither, to the great Loss of the Nation, and of the Petitioners, who are principally concerned in manufacturing that Sort of Cloth that is fit for the Turkish Markets;" and praying, "That the said Bill may not pass into a Law."

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

Levant Trade Bill.

The Order of the Day being read, for the Second Reading of the Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas:"

The Counsel on both Sides were called in.

And the said Bill was accordingly read a Second Time.

And the Counsel for the Petitioners against the same were severally heard; and produced

Sir Everard Fawkner; who, being sworn, was heard at large, as to the Nature of the Trade in Question, and the Method and Circumstances of carrying it on; made divers Observations on the same from his own Experience, and a great many Objections to the Purport of the Bill; and concluded, with assuring the House, "That he had said nothing out of any private View of his own, or to serve any particular Purpose; expressing his Concern, lest this Matter should involve us in Differences with The Porte, which could not but prove of the utmost ill Consequence; and that the admitting the Jews would be a great Diminution of the Dignity and Credit of the British Nation; and that this Experiment might prove of dangerous Consequence, in respect to the War with France."

The Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel, in relation to the said Bill, be adjourned till To-morrow.

Adjourn.

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

DIE Jovis, 3^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Thanet, Privilege:

Complaint being made to the House, and Oath at the Bar, "That Samuel Jeakes did, on the 27th of April 1743, cause a Ditch to be made, to enclose Land belonging to the Earl of Thanet, in the Parish of Lydd, in the County of Kent, in Breach of the Privilege of the said Earl, and also of this House:"

Jeakes to be attached, for making a Ditch on his Land.

It is Ordered, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Samuel Jeakes, and keep him in safe Custody until further Order of this House; and for so doing, this shall be a sufficient Warrant.

To Francis Jephson Esquire, Serjeant at Arms attending this House, his Deputy or Deputies, and every of them.

Importation of Foreign Goods in British Bottoms, &c. Bill.

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

With a Bill, intituled, "An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British built Shipping, the Property of Foreigners; and for Relief of William Ord and others; and for obviating a Doubt which hath arisen, upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the encouraging and increasing of Shipping and Navigation," as to the Importation, on the Account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal, in English Ships duly navigated;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Levant Trade Bill.

Counsel (according to Order) were called in, to be further heard, in relation to the Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas."

And the Counsel for the Petitioners against the Bill produced Theophilus Salway, Edward Radcliffe, Charles Smith, James Lock, Thomas Burdet, Joseph Reynardson, Pagan Shaw, Thomas Howett, Daniel Webb, and George Roberts; who were severally examined, upon Oath, in relation to the Turkey Trade, the Nature and Circumstances of carrying it on, the Consequences thereof, and other Matters.

Which done;

The First Counsel on Behalf of the Bill was fully heard.

And then they were directed to withdraw.

Ordered, That the further Hearing of Counsel, in relation to the said Bill, be adjourned till To-morrow; and that the Cause wherein John Earl of Breadalbane et al. are Appellants, and James Menzies et al. Respondents, et è contra, which stands to be heard on that Day, be put off to Monday next.

Adjourn.

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

DIE Veneris, 4^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Importation of Foreign Goods in British Bottoms, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British-built Shipping, the Property of Foreigners; and for Relief of William Ord and others; and for obviating a Doubt which hath arisen, upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the encouraging and increasing of Shipping and Navigation," as to the Importation, on the account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal, in English Ships duly navigated."

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

Message from H. C. with Bills; and to return the Bill against corresponding with the Pretender's Sons.

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

To return the Bill, intituled, "An Act to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Sinking Fund, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty the Sum of One Million, out of the Sinking Fund; and for applying a Sum remaining in the Exchequer, arisen by the Coinage Duty, for the Service of the Year One Thousand Seven Hundred and Forty-four, and the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Certificates, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and to enable the Reversioners of certain Annuities therein mentioned to receive such Annuities, if the same shall not be demanded within a certain Time by the Annuitants for Life, until Proof be made that such Annuitants are living;" to which they desire the Concurrence of this House.

Continuing Laws, Bill.

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

With a Bill, intituled, "An Act to continue the several Laws therein mentioned, for preventing Thest and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; for continuing Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea Bank, and to prevent the malicious cutting of Hop-binds; and for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph, of Coal or Cannel Coal; and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding the Keepers or other Officers in Forests, Chases, or Parks; and for granting a Liberty to carry Sugars, of the Growth, Produce, or Manufacture, of any of His Majesty's Sugar Colonies in America, from the said Colonies directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; and to explain Two Acts, relating to the Prosecution of Offenders, for embezzling Naval Stores or Stores of War; and to prevent the retailing of Wine within either of the Universities in that Part of Great Britain called England, without License;" to which they desire the Concurrence of this House.

Parochial Rates on improved Wastes, Bill.

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

With a Bill, intituled, "An Act to prevent Disputes touching the Parishes and Places where improved Wastes and drained and improved Marsh Lands shall be charged to Parochial Rates;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were read the First Time.

Messages from H. C. to return Lord Caher's Bill;

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

With a Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

and Moors Bill.

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

To return the Bill, intituled, "An Act to enable William Moore Esquire to sell an Estate, purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Levant Trade Bill.

Counsel on both Sides (according to Order) were called in, to be further heard, in relation to the Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas."

And those who appeared on Behalf of the Bill being directed to proceed:

At their Instance,

"A Copy of a Memorial of the Levant Company, to the Duke of Newcastle, dated June 28th, 1739;"

And also, "A Copy of another Memorial of the same Company, to the Duke of Newcastle, September 9th, 1740;"

And likewise, "A Copy of the Representation from the Commissioners of Trade, to the Lords Justices, dated the 9th of October 1740, on the abovementioned Memorials;"

Were read, at the Table.

"That none, or very little Raw Silk was imported in the Years 1741 and 1742," was admitted by the Counsel against the Bill; as likewise a Decay of the Turkey Trade.

Then, Proceedings of General Courts of the Levant Company, of the 23d of April and 6th of November, 4th of December and 22d of January, 1718, were read, at the Bar, out of the Company's Books.

Which done; Mr. Ken, Agent for the Bill, being examined upon Oath, acquainted the House, "That, in the Year 1718, a Complaint was made to Parliament, by several Members of the Levant Company, of the Company's Endeavours to raise the Price of our Cloth in Turkey, and Raw Silk at Home; and that a Committee of the House of Commons was thereupon appointed, to which Committee a Representation was made; and that he, being Committee Clerk, had brought the same."

Which having been read at the Bar; it was admitted, that no Report was made from that Committee.

Then, Proceedings at several General Courts, of the 6th of February 1718, and 5th of March following, 26th of July 1726, and 14th of May 1734, were read.

And Samuel Garrat, John David, Leonard Shee, George Garrat, William Haiter, and Thomas Hyam, were called, and severally examined, upon their Oaths or Affirmation, touching the Silk Manufacture, the Decline thereof, and other Matters.

And Henry Marsh was also produced, and examined upon Oath, in relation to the sending of Lead to Turkey.

And then the Counsel were directed to withdraw.

Ordered, That the further Hearing of Counsel, and Consideration of the said Bill, be adjourned to Monday next; and that the Cause wherein John Earl of Breadalbane et al. are Appellants, and James Menzies et al. Respondents, et è contra, which stands to be heard on that Day, be put off to Tuesday.

Poor's Bill.

Whereas this Day was appointed, for the House to be in a Committee on the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor:"

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

Adjourn.

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

DIE Lunæ 7^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Parochial Rates on improved Wastes, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to prevent Disputes touching the Parishes and Places where improved Wastes and drained and improved Marsh Lands shall be charged to Parochial Rates."

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

Seamen to encourage, Bill.

A Message was brought from the House of Commons, by Doctor Lee and others:

With a Bill, intituled, "An Act for the better Encouragement of Seamen, in His Majesty's Service, and Privateers, to annoy the Enemy;" to which they desire the Concurrence of this House.

Shoreditch Road, Bill.

A Message was brought from the House of Commons, by Sir Hugh Smithson and others:

With a Bill, intituled, "An Act for making more effectual several Acts passed, for repairing the Road leading from The Stones End, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton, to the Market-place in Enfield;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Lord Caher's Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same."

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

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

And a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen, to acquaint them therewith.

Sinking Fund Bill.

Hodie 2^a 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 Sum remaining in the Exchequer, arisen by the Coinage Duty, for the Service of the Year One Thousand Seven Hundred and Forty four; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Certificates, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices; and to enable the Reversioners of certain Annuities therein mentioned to receive such Annuities, if the same shall not be demanded within a certain Time by the Annuitants for Life, until Proof be made that such Annuitants are living."

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

Continuing Laws Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned, for preventing Thest and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; for continuing Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea Bank; and to prevent the malicious cutting of Hop-binds; and for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph, of Coal, or Cannel Coal; and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding the Keepers, or other Officers, in Forests, Chases, or Parks; and for granting a Liberty to carry Sugars, of the Growth, Produce, or Manufacture, of any of His Majesty's Sugar Colonies in America, from the said Colonies directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; and to explain Two Acts, relating to the Prosecution of Offenders for embezzling Naval Stores, or Stores of War; and to prevent the retailing of Wine within either of the Universities, in that Part of Great Britain called England, without a License."

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

Smith against Wells & al.:

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein William Smith is Appellant, and Joshua Wells and others are Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Papers, 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.

Foreign Goods Importation of, &c. Bill.

The Order being read, for the House to be put into a Committee on the Bill, intituled, "An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British-built Shipping, the Property of Foreigners; and for Relief of William Ord and others; and for obviating a Doubt which hath arisen upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the encouraging and increasing of Shipping and Navigation," as to the Importation, on the Account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal, in English Ships duly navigated:"

Ordered, That the House be put into a Committee thereupon, To-morrow.

Levant Trade, Bill.

Counsel (according to Order) were called in, to be further heard, in relation to the Bill, intituled, "An Act for enlarging and regulating the Trade to The Levant Seas."

And those for the Petitioners against the Bill were severally heard, by Way of Reply.

Who having done;

The First Counsel for the Bill, by Leave of the House, made some short Observations on what had been offered against the same.

Then the Preamble to the Charter granted to the Levant Company by King James the First was read, at the Bar.

As was also, a Bye-Law, made in the Year 1734, by the said Company.

And then the Preamble of an Act, made in the Third Year of that King's Reign, to enable all His Majesty's loving Subjects of England and Wales to trade freely into the Dominions of Spain, Portugal, and France, being read, at the Table:

The Counsel were directed to withdraw.

After Debate;

It was proposed, "To commit the Bill."

And, after further Debate;

The Question was put, "Whether this Debate shall be adjourned for a Month?"

It was Resolved in the Affirmative.

E Breadalbane & al. against Menzies & al.

Ordered, That the Hearing of the Cause wherein John Earl of Breadalbane et al. are Appellants, and James Menzies et al. Respondents, which stands to be heard To-morrow, be put off to Thursday next; the Matters in Difference being likely to be accommodated.

Adjourn.

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

DIE Martis, 8^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Shoreditch Road, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making more effectual several Acts passed, for repairing the Road leading from The Stones End, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watchhouse in Edmonton to the Market-place in Enfield."

Ordered, That the said Bill be committed 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.

Seamen to encourage, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the better Encouragement of Seamen, in His Majesty's Service, and Privateers, to annoy the Enemy."

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

Charters, &c. of the Levant Company, to be returned.

Ordered, That the Clerk do deliver back to the Levant Company the Charters and Books laid before this House, pursuant to their Lordships Order of the 27th of April last.

Sinking Fund, Bill.

The House (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 Sum remaining in the Exchequer, arisen by the Coinage Duty, for the Service of the Year One Thousand Seven Hundred and Forty-four; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Certificates, Annuity Orders, and other Orders lost, burnt, or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and to enable the Reversioners of certain Annuities therein mentioned to receive such Annuities, if the same shall not be demanded within a certain Time by the Annuitants for Life, until Proof be made that such Annuitants are living."

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."

Foreign Goods importing in British Bottoms, &c. Bill.

The like Proceeding was had upon the Bill, intituled, An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British-built Shipping, the Property of Foreigners; and for Relief of William Ord and others; and for obviating a Doubt which hath arisen, upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the encouraging and increasing of Shipping and Navigation," as to the Importation, on the Account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal, in English Ships duly navigated."

Continuing Laws, Bill.

The same Proceeding was had, upon the Bill, intituled, An Act to continue the several Laws therein mentioned, for preventing Thest and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; for continuing Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea Bank, and to prevent the malicious cutting of Hop-binds; and for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph, of Coal or Cannel Coal; and of Persons unlawfully hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding the Keepers or other Officers in Forests, Chases, or Parks; and for granting a Liberty to carry Sugars, of the Growth, Produce, or Manufacture, of any of His Majesty's Sugar Colonies in America, from the said Colonies directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; and to explain Two Acts, relating to the Prosecution of Offenders for embezzling Naval Stores, or Stores of War; and to prevent the retailing of Wine within either of the Universities, in that Part of Great Britain called England, without a License."

Measures and Prices of Coals to regulate, Bill.

A Message was brought from the House of Commons, by Sir Richard Warwick Bampfield and others:

With a Bill, intituled, "An Act to explain, amend, and enlarge, an Act made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, An Act for regulating the Measures and Prices of Coals;" to which they desire the Concurrence of this House.

Cruizers and Convoys, Bill.

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

With a Bill, intituled, "An Act for the better securing of the Trade of this Kingdom by Cruizers and Convoys;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Ordered, That the last mentioned Bill be printed.

Parochial Rates on improved Wastes, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prevent Disputes touching the Parishes or Places where improved Wastes and drained and improved Marsh Lands shall be charged to Parochial Rates."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, with One Amendment; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Poor's Bill.

The House also (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, "An Act for the Relief of the Poor."

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 Tomorrow.

Adjourn.

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

DIE Mercurii, 9^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Smith against Wells et al.

The Answer of Hugh Ker Gentleman, One of the Respondents to the Appeal of William Smith, was brought in.

As was also, the joint and several Answer of Joshua Wills and Joseph Wills, Executors of Joseph Wills, Two of the Respondents to the same Appeal.

Sinking Fund, Bill:

Hodie 3^a 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 Sum remaining in the Exchequer, arisen by the Coinage Duty for the Service of the Year One Thousand Seven Hundred and Forty-four; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Certificates, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices; and to enable the Reversioners of certain Annuities therein mentioned to receive such Annuities, if the same shall not be demanded within a certain Time by the Annuitants for Life, until Proof be made that such Annuitants are living."

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

It was Resolved in the Affirmative.

Continuing Laws, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to continue the several Laws therein mentioned, for preventing Thest and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; for continuing Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea-bank, and to prevent the malicious cutting of Hop-binds; and for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph, of Coal, or Cannel Coal; and of Persons unlawfully hunting or taking any Red or Fallow Deer, in Forests or Chases, or beating or wounding the Keepers or other Officers in Forests, Chases, or Parks; and for granting a Liberty to carry Sugars of the Growth, Produce, or Manufacture of any of His Majesty's Sugar Colonies in America, from the said Colonies directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; and to explain Two Acts relating to the Prosecution of Offenders for embezzling Naval Stores or Stores of War; and to prevent the retailing of Wine within either of the Universities, in that Part of Great Britain called England, without a License."

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

It was Resolved in the Affirmative.

Importation of Foreign Goods in British Bottoms, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British-Built Shipping, the Property of Foreigners, and for Relief of William Ord and others; and for obviating a Doubt which hath arisen upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, "An Act for the encouraging and increasing of Shipping and Navigation," as to the Importation, on the account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal, in English Ships duly navigated."

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

It was Resolved in the Affirmative.

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

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

To acquaint them therewith.

Measures and Prices of Coals regulating, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to explain, amend, and enlarge, an Act made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, An Act for regulating the Measures and Prices of Coals."

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

Shoreditch Road, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for making more effectual several Acts passed for repairing the Road leading from The Stones End, in the Parish of St. Leonard Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton to the Market Place in Enfield," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Seamen to encourage, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the better Encouragement of Seamen, in His Majesty's Service, and Privateers, to annoy the Enemy."

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."

Poor's Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor," was committed, the Amendments made by the said Committee.

And the same were read, and are as follow:

"Press 5. Line 22. Leave out from ["accordingly"] to ["and"], in the 41st Line of the same Press."

"At the End of the Bill add, ["And be it further Enacted, by the Authority aforesaid, That the Inhabitants of every Parish, Township, Village, or Place, who have been rated, and have paid, towards the Relief of the Poor, the Year preceding, within such Parish, Township, Village, or Place, shall, on Tuesday in every Easter Week, Yearly, assemble together, and shall then, by Majority of Voices of those present, nominate Double the Number of substantial Householders which they shall judge necessary (having respect to the Proportion and Greatness of the Parish, Township, Village, or Place) to be Overseers of the Poor for such Parish, Township, Village, or Place, and shall cause the Names of the Persons so nominated to be presented to the Justices of the Peace of the County, City, Riding, Borough, Town Corporate, Liberty, or Division, wherein such Parish, Township, Village, or Place, doth lie, at a Special Sessions to be by them held for that Purpose, within Ten Days after Easter, Notice of the Time and Place where such Sessions is to be held being given to the Churchwardens or Overseers of the Poor, or One of them, of the respective Parishes, Townships, Villages, or Places, who is hereby required to convene the Inhabitants for the Purpose aforesaid; and the said Justices are hereby required to appoint One Half of the Persons so nominated as aforesaid to be Overseers of the Poor, for the Year ensuing, of each Parish, Township, Village, or Place, within their respective Jurisdictions.

"Provided always, That in case the Inhabitants of any Parish, Township, Village, or Place, shall refuse or neglect to make such Nomination in Manner aforesaid, it shall and may be lawful for any Two Justices of the Peace, of the County, City, Riding, Borough, Town Corporate, Liberty, or Division, wherein such Parish, Township, Village, or Place lies, to appoint One or more substantial Householder or Householders of the same to be Overseer or Over seers of the Poor there for the Year ensuing, and so as often as the Case shall happen.

"Provided always, That nothing herein before contained, relating to the Nomination of Persons to be presented to the Justices of Peace, in order to their Appointment of them, or any of them, to be Overseers of the Poor, shall extend, or be construed to extend, to any Parish, Township, Village, or Place, within the Bills of Mortality."

The First Amendment, being read a Second Time, was agreed to by the House.

And the Second Amendment being also read a Second Time:

After Debate;

The Question was put, "Whether to agree with the Committee in the said Amendment?"

It was Resolved in the Negative.

Messages from H. C. to return Fownes's Bill;

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

To return the Bill, intituled, "An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-Simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Hawker's Bill.

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

To return the Bill, intituled, "An Act for vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Parochial Rates on improved Wastes, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act to prevent Disputes touching the Parishes or Places where improved Wastes, and drained and improved Marsh Lands, shall be charged to Parochial Rates," was committed, the Amendment made by the Committee to the said Bill.

And the same was read, and is as follows:

"Provided always, That nothing in this Act contained shall extend, or be construed, deemed, or taken to extend, to charge or make liable any Messuages, Lands, or Tenements, which, by any Act of Parliament now in Force, are either exempted from the Payment of such Rates and Duties, or obliged to indemnify the adjacent Parishes from the same."

Which Amendment, being read a Second Time, was disagreed to.

And another Proviso was offered, to be added to the said Bill, instead thereof.

And the same was read, and is as follows:

"Provided always, and be it Declared, That nothing in this Act shall extend, or be construed to extend, to invalidate, make void, or in any wise alter, a Clause in an Act of Parliament, made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, "An Act for draining of the Fen called Deeping Fen, and other Fens therein mentioned;" whereby it is Enacted, That the Trustees therein named, their Heirs and Assigns, or the Survivor of them, their or any of their Tenants, Farmers, or Groundholders, of any Part of the Third Part of the said Fen, or of the Five, Thousand Acres therein mentioned, should not have, any Time hereafter, use or claim, any Common of Pasture, or other Commonage of Pasturing, in any Part of the Remainder of the said Fens, nor any of them, nor in the North Fen of Pinchbeck and Spalding, nor any Part thereof, by virtue or Pretence of his or their Resiance there; but all and every the Inhabitants, that might thereafter be upon any Part of the said Third Part, or upon any Part of the said Five Thousand Acres, and were not able to maintain themselves, should be maintained and kept by the said Trustees, their Heirs and Assigns, and the Survivor of them, and never become chargeable in any Kind to all or any the respective Parishes wherein such Inhabitant or Inhabitants should reside or dwell; any Statute or Law to the contrary thereof in anywise notwithstanding."

Then the said Amendment, being read a Second Time, was agreed to by the House.

Adjourn.

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

DIE Jovis, 10^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Seamen to encourage, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for the better Encouragement of Seamen, in His Majesty's Service, and Privateers, to annoy the Enemy."

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

It was Resolved in the Affirmative.

Shoreditch, Road, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for making more effectual several Acts passed for repairing the Road leading from The Stones End, in the Parish of St. Leonard, Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton to the Market Place in Enfield."

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

It was Resolved in the Affirmative.

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

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

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

Measures and Prices of Coals, regulating, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to explain, amend, and enlarge, an Act made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, An Act for regulating the Measures and Prices of Coals."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, with an Amendment in the Preamble, by leaving out the Word ["and"], and inserting ["are"] instead thereof."]

Then the said Bill was read the Third Time.

And the Question being put, "Whether this Bill, with the Amendment, shall pass?"

It was Resolved in the Affirmative.

Parochial Rates on improved Wastes, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to prevent Disputes touching the Parishes or Places where improved Wastes, and drained and improved Marsh Lands, shall be charged to Parochial Rates."

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

It was Resolved in the Affirmative.

Poor's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor."

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

It was Resolved in the Affirmative.

Messages to H. C. that the Lords have agreed to the Three preceding Bills, with an Amendment to each.

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 Three last mentioned Bills, with One Amendment to each of them, whereunto their Lordships desire their Concurrence.

E. Breadalbane et al. against Menzies et al. et è contra:

This Day being appointed, for hearing Counsel further, upon the Petition and Appeal of John Earl of Breadalbane and His Majesty's Advocate; complaining of an Interlocutory of the Lords of Session in Scotland, of the 16th of July 1740; and Part of Two Interlocutories of the same Lords, of the 25th of June 1741, and 21st of December 1742; and also of Part of an Interlocutory of the Lord Ordinary, of the 14th of June last; and praying, "That the same might be reversed; and that the Appellants might have such other Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of James Menzies of Culdairs Esquire, and Angus M^cDonald of Kenknock, put in to the said Appeal: And likewise upon the Cross Appeal of the said James Menzies; complaining of Part of an Interlocutor of the said Lords of Session, of the 21st of December 1742; and also of an Interlocutor of the 23d of November 1743, adhering thereto; and praying, "That the same might be reversed, varied, or amended, and such Relief given him as to this House in their great Wisdom and Justice should seem meet:" As also upon the Answer of the said Earl and His Majesty's Advocate, and of the said Angus M^cDonald, put in to the said Cross Appeal:

Counsel were accordingly called in.

And One of a Side only appearing:

The Counsel for the Original Appellants acquainted the House, "That the Parties in both the said Causes were come to an Agreement; and that the same was put into Writing, and consented to, and signed by the Agents on both Sides, duly authorized; which they desired might be made the Order and Judgement of this House."

Then the Counsel for the Respondents to the said Appeal likewise acquainting the House, "That the said Agreement was consented to on their Part:"

The same was read, at the Bar.

And being delivered to the Clerk:

The Counsel were directed to withdraw.

And the same was read, at the Table.

And Consideration having been had thereof:

Judgement by Consent.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled (according to the said written Agreement), That the several Interlocutories complained of by the said Earl of Breadalbane in the Original Appeal, and by the said James Menzies in the Cross Appeal, be, and the same are hereby, reversed; and that the Town of Westermore, belonging to the said James Menzies, and the Tenants, Occupiers, or Proprietors thereof, shall enjoy a Servitude of Pasturage for One Hundred and Fifty Cows with their Followers, One Hundred and Thirty Sheep with their Followers, and Four Horses, upon that Part of the Forest of Mamlorn which is adjacent to the Hutts or Sheallings of Loups and Tomacherin, and lies between the Loups of Lyon on the North, and Steallandow, Twillin, Lochmaltennel, and Tomdowness, on the South: That the Town of Chestle, likewise belonging to the said James Menzies, and the Tenants, Occupiers, or Proprietors thereof, shall enjoy a Servitude of Pasturage for One Hundred and Eighty Cows with their Followers, Five Hundred Sheep with their Followers, and Twenty Horses, upon that Part of the said Forest which is adjacent to the Sheallings of Rue, and lies between Lochlyon on the North, and the Top of the Hills, as Wind and Weather sheers, and Water falls, on the South: And that the Town of Galline, likewise belonging to the said James Menzies, and the Tenants, Occupiers, or Proprietors thereof, shall enjoy a Servitude of Pasturage for Sixty Cows with their Followers, Sixty Sheep with their Followers, and Four Horses, upon that Part of the said Forest, which is adjacent to the Sheallings of Innerchall, and lies between the Water of Lyon on the North and the Tops of the Hills on the South: And that the Town of Eastermore, belonging to the said Respondent M^cDonald, and the Tenants, Occupiers, or Proprietors thereof, shall enjoy a Servitude of Pasturage for Ninety-five Cows with their Followers, Eighty Sheep with their Followers, and Four Horses, upon that Part of the said Forest which is adjacent to the Sheallings of Garvalitter and Loubheskerneich, and lies between the Water of Lyon on the North and the Tops of the Hills, as Wind and Weather sheers, on the South: And that the Town of Kenknock, likewise belonging to the Respondent M^cDonald, and the Tenants, Occupiers, or Proprietors thereof, shall enjoy a Servitude of Pasturage for Sixty Cows with their Followers, Sixty Sheep with their Followers, and Two Horses, upon that Part of the said Forest which is adjacent to the Sheallings of Aryfolla, and lies between the Water of Lyon, on the North, and the Tops of the Hills on the South: That the said several Towns shall not have or enjoy any Servitude of Pasturage upon the said Forest, before the 15th Day of May, nor after the 20th Day of July, in every Year, both Days inclusive: And that no other Towns or Farms in Glenlyon, except the Five abovementioned, shall have any Servitude of Pasturage within the said Forest; and that the said Five shall only pasture the respective Numbers of Cattle abovementioned, belonging to the same, within the respective Limits, and during the Time, above specified.

Adjourn.

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

DIE Veneris, 11^o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Leicester introduced:

Thomas Lord Lovel, being, by Letters Patent, dated 9^o Die Maii, 17^o Geo. 2^di. created Viscount Holcomb, in the County of Norfolk, and Earl of Leicester, was (in his Robes) introduced, between the Earl of Lincoln and Earl of Burlington, also in their Robes; the Gentleman Usher of the Black Rod, Garter King at Arms, and the Deputy Earl Marshal of England, preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolfack; 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 Wellbeloved Cousin Thomas Earl of Leicester, 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 wise 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 Ninth Day of May, in the Seventeenth 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 lower End of the Earls Bench.

Messages from H. C. to return Parochial Rates on improved Wastes, Bill;

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

To return the Bill, intituled, "An Act to prevent Disputes touching the Parishes or Places where improved Wastes, and drained and improved Marsh Lands, shall be charged to Parochial Rates;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Measures and Prices of Coals regulating, Bill;

A Message was brought from the House of Commons, by Sir Richard Warwick Bampfield and others:

To return the Bill, intituled, "An Act to explain, amend, and enlarge, an Act made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, An Act for regulating the Measures and Prices of Coals;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

and Poor's Bill.

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

To return the Bill, intituled, "An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor;" and to acquaint this House, that they have agreed to their Lordships Amendment made thereto.

Adjourn.

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

DIE Sabbati, 12^o Maii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

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 and the Duke of Cumberland (in their Robes) sitting in their respective Places; 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 to be passed, 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 Sum remaining in the Exchequer, arisen by the Coinage Duty, for the Service of the Year One Thousand Seven Hundred and Forty-four; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Certificates, Annuity Orders, and other Orders, lost, burnt, or otherwise destroyed; and for giving further Time for the Payment of Duties omitted to be paid for the Indentures or Contracts of Clerks and Apprentices; and to enable the Reversioners of certain Annuities therein mentioned to receive such Annuties, if the same shall not be demanded within a certain Time by the Annuitants for Life, until Proof be made that such Annuitants are living."

"2. An Act for repealing the Duties payable upon Glass Beads, and for granting other Duties in Lieu thereof; and for allowing the same Drawbacks on the Exportation of refined Borax and Camphire which are allowed on the Exportation of unresined Borax and Camphire; and for preventing the fraudulent Exportation of British and Irish Linens, for the Sake of the Bounty allowed by an Act made in the Fifteenth and Sixteenth Year of His present Majesty's Reign; and for explaining and amending the said Act, as to the Persons who are to receive the said Bounty."

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 to make it High Treason to hold Correspondence with the Sons of the Pretender to His Majesty's Crown; and for attainting them of High Treason, in case they shall land, or attempt to land, in Great Britain, or any of the Dominions thereunto belonging; and for suspending the Operation and Effect of a Clause in the Act of the Seventh Year of the late Queen Anne, for improving the Union of the Two Kingdoms, relating to Forfeitures for High Treason, until after the Decease of the Sons of the said Pretender."

"4. An Act for the better Encouragement of Seamen, in His Majesty's Service, and Privateers, to annoy the Enemy."

"5. An Act for the more effectual preventing of the affixing of counterfeit Stamps to Foreign or other Linens."

"6. An Act to continue the Laws therein mentioned, for preventing Thest and Rapine on the Northern Borders of England; for the more effectual punishing wicked and evil-disposed Persons going armed in Disguise, and doing Injuries and Violences to the Persons and Properties of His Majesty's Subjects, and for the more speedy bringing the Offenders to Justice; for continuing Two Clauses, to prevent the cutting or breaking down the Bank of any River or Sea Bank, and to prevent the malicious cutting of Hop-binds; and for the more effectual Punishment of Persons maliciously setting on Fire any Mine, Pit, or Delph, of Coal or Cannel Coal, and of Persons unlawfullly hunting or taking any Red or Fallow Deer in Forests or Chases, or beating or wounding the Keepers or other Officers in Forests, Chases, or Parks; and for granting a Liberty to carry Sugars, of the Growth, Produce, or Manufacture, of any of His Majesty's Sugar Colonies in America, from the said Colonies, directly to Foreign Parts, in Ships built in Great Britain, and navigated according to Law; and to explain Two Acts, relating to the Prosecution of Offenders for embezzling Naval Stores or Stores of War; and to prevent the retailing of Wine within either of the Universities, in that Part of Great Britain called England, without a License."

"7. An Act for permitting certain Goods, therein enumerated, to be imported, during the War, in British-built Shipping, the Property of Foreigners; and for Relief of William Ord and others; and for obviating a Doubt which hath arisen, upon the Act of the Twelfth Year of the Reign of King Charles the Second, intituled, An Act for the encouraging and increasing of Shipping and Navigation, as to the Importation, on the account of Aliens, of Goods of the Growth or Production of the Plantations of Spain and Portugal in English Ships duly navigated."

"8. An Act for remedying some Defects in the Act made in the Forty-third Year of the Reign of Queen Elizabeth, intituled, An Act for the Relief of the Poor."

"9. An Act to explain, amend, and enlarge, an Act made in the Sixteenth and Seventeenth Year of the Reign of King Charles the Second, intituled, An Act for regulating the Measures and Prices of Coals."

"10. An Act to prevent Disputes touching the Parishes or Places where improved Wastes, and drained and improved Marsh Lands, shall be charged to Parochial Rates."

"11. An Act for making more effectual Provision for enlightening the Streets of the City of London."

"12. An Act to explain and make more effectual several Acts of Parliament, passed in the Reign of His present Majesty, for building a Bridge cross the River Thames, from the City of Westminster, to the opposite Shore in the County of Surrey; and for the better enabling the Commissioners for building the said Bridge to finish the same, and to perform the other Trusts reposed in them; as also for granting further Time for exchanging the Tickets unclaimed in the last Lottery for the said Bridge, and to make Provision for Tickets in the said Lottery, lost, burnt, or otherwise destroyed."

"13. An Act for repairing the Road from the Town of Buckingham, in the County of Bucks, to Warmington, in the County of Warwick."

"14. An Act for continuing an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the First, so far as the same relates to the repairing the Road from Studley Bridge to Chippenham, in the County of Wilts, and for amending the Road from Chippenham to Pickwick, in the said County."

"15. An Act for amending and making more effectual an Act passed in the last Session of Parliament, for continuing an Act made in the Thirteenth Year of the Reign of His late Majesty King George the First, for repairing the Roads from Luton, in the County of Bedford, to Westwood Gate, in the said County, and from Luton to St. Albans, in the County of Hertford."

"16. An Act for making more effectual several Acts passed for repairing the Road leading from The Stones End, in the Parish of St. Leonard, Shoreditch, in the County of Middlesex, to the furthermost Part of the Northern Road in the Parish of Enfield, in the same County, next to the Parish of Cheshunt, in the County of Hertford; and for amending the Road from the Watch-house in Edmonton to the Market-Place in Enfield."

"17. An Act for explaining and amending an Act passed in the Sixth Year of His present Majesty's Reign, intituled, "An Act to recover and preserve the Navigation of the River Dee, in the County Palatine of Chester;" and another Act, passed in the Fourteenth Year of His present Majesty's Reign, intituled, "An Act for incorporating the Undertakers of the Navigation of the River Dee;" and for repealing the Tonnage Rates payable to the said Undertakers, and for granting to them other Tonnage or Keelage Rates in Lieu thereof; and for other Purposes therein mentioned."

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

"Le Roy le veult."

"18. An Act for confirming the Jointure made on the Marriage of Francis Scott Esquire, commonly called Earl of Dalkeith, Eldest Son and Heir Apparent to Francis Duke of Buccleuch, with Lady Caroline Campbell; and for empowering the Heirs of Entail succeeding to the Estate of Francis late Earl of Buccleuch to make Jointures, in such Manner as is therein mentioned."

"19. An Act to empower the Guardians of Other Lewis Earl of Plimouth, an Infant, to purchase the Estate of his Grandfather Thomas Lewis Esquire, in the County of Glamorgan."

"20. An Act for Sale of Part of the Estate of Thomas Lord Baron of Caher in the Kingdom of Ireland, towards discharging the Debts and Encumbrances affecting the same."

"21. An Act for vesting the settled Estate of Sir Robert Sutton, in the County of Nottingham, in Trustees, to be sold, for discharging several Mortgages and Encumbrances; and for laying out the Surplus of the Money arising by such Sale in the Purchase of other Lands, to be settled, together with his Estate in the County of Lincoln, to the Uses therein mentioned."

"22. An Act to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of Sir John Byrne Baronet, deceased, in the Kingdom of Ireland; and also enable Sir Peter Byrne Baronet and his Issue to take and use the Surname of Leicester only, pursuant to the said Will."

"23. An Act for empowering John Thornhagh Esquire to make a Jointure and Provision for his Younger Children, out of an Estate comprized in a voluntary Settlement made by St. Andrew Thornhagh Esquire, his late Father, deceased."

"24. An Act for vesting divers Lands and Hereditaments, devised by the Will of Richard Cliffe Esquire, deceased, in Trustees, to be sold, for paying the Debts and Legacies charged thereupon by the said Will; and for laying out the Surplus of the Money arising by such Sale (if any) in purchasing other Lands, to be settled to the Uses of the said Will."

"25. An Act for Sale of Part of the settled Estate of John Ayshcombe Gentleman, lying in the County of Warwick; and for settling another Estate, in the same County, of greater Value, to the same Uses, in Lieu thereof; and for other Purposes therein mentioned."

"26. An Act for vesting the Estate late of George Downes Esquire, deceased, in the County of Wilts, in Edward Gale Gentleman and his Heirs, in Trust, to convey the same to Robert Neale Esquire, and his Heirs (pursuant to Articles of Agreement made for Sale thereof) towards Payment of the Encumbrances charged thereupon; and for other Purposes therein mentioned."

"27. An Act for vesting Part of the settled Estate of John Cullum Esquire in Trustees, to be sold, towards discharging Encumbrances affecting the same; and for securing and providing an Equivalent for the same, out of another Part of his Estate, for the Uses and Purposes of his Marriage Settlement."

"28. An Act to enable William Moore Esquire to sell an Estate purchased under the Will of William Smythe Esquire; and to lay out the Money thereby arising, with other Money therein mentioned, in the Purchase of another Estate, to be settled to the Uses of the said Will."

"29. An Act for vesting the settled Estate of Thomas Fownes Esquire in Trustees, to be sold, together with his Fee-Simple Estate, for the Payment of the Debts of his Father and himself; and for laying out the Surplus Money in the Purchase of another Estate, to be settled to the Uses of his Marriage Settlement."

"30. An Act for vesting the settled Estate of Peter Hawker Esquire, in the County of Dorset, in Trustees, to be sold; and for providing and securing an Equivalent for the same, to be settled to the same Uses."

"31. An Act for confirming Agreements made for enclosing and dividing Part of North Stoneham Common, in the County of Southampton."

"32. An Act for extinguishing a Right of Common claimed by, and belonging to, the Owners and Proprietors of ancient Burgages and Tenements, in Ripon, Littlethorpe, and Bondgate, in the County of York; and for settling and providing an Equivalent for the said Common Right."

"33. An Act for naturalizing Bernard Joachim Boeteseur."

"34. An Act for naturalizing Stephen Naville."

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,

"I cannot put an End to this Session, without returning you My hearty Thanks, for the many Demonstrations you have given Me, during the Course of it, of your good Affections, and of your Zeal for the Support of My Government.

"The great Preparations made by France, on the Side of The Austrian Netherlands, must convince all Europe of the ambitious and destructive Views of that Crown, in beginning the present War. It shall be My Care, in Conjunction with My Allies, to pursue the most proper Measures to disappoint them, and to prosecute the War in such a Manner as may be most effectual for procuring a safe and honourable Peace. My good Friends The States General have already, in Pursuance of My Requisition, agreed to furnish the Succours stipulated by our Treaties; and I have received the strongest Assurances of their just Sense, not only of the common Danger, but also of the inseparable Connection of their Interests with those of this Kingdom; which I shall not fail to improve, for the general Good of the common Cause.

"Gentlemen of the House of Commons,

"The great Readiness and Regard to the public Service, which you have shewn, in granting the Supplies for the current Year, are highly acceptable to Me. You may depend upon it, that they shall be strictly applied to the Ends for which they were given, and in such Manner as may be most for the Honour and Advantage of Great Britain.

"My Lords, and Gentlemen,

"Let Me earnestly recommend to you, in your several Stations, to be vigilant in preserving the Peace and good Order of the Kingdom. I promise Myself, you will seriously consider, that, in the present Conjuncture, you are particularly called upon, by all the Motives of Duty and Interest, to stir up and cultivate, in the Minds of My People, an hearty and more than ordinary Zeal for the Maintenance and Defence of our Holy Religion and excellent Constitution, against the malicious Designs of our Enemies."

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

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Thursday the 21st Day of June next; to be then here held: And this Parliament is accordingly prorogued to Thursday the 21st Day of June next."

April 29th, 1745, Hitherto examined by us,

Portland.
Shaftesbury.
De Lawarr.
Willoughby.