House of Lords Journal Volume 29
May 1759, 21-31

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History of Parliament Trust

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1767-1830

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517-526

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'House of Lords Journal Volume 29: May 1759, 21-31', Journal of the House of Lords volume 29: 1756-1760 (1767-1830), pp. 517-526. URL: http://british-history.ac.uk/report.aspx?compid=114469 Date accessed: 01 November 2014.


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May 1759, 21-31

DIE Lunæ, 21o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Newcastle.
Comes Warwick.
Comes Shaftesbury.
Comes Lauderdale.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Bath.
Comes Harcourt.
Comes Hertford.
Comes Hardwicke.
Ds. Clifton.
Ds. Delamer.
Ds. Hay.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Ravensworth.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Piracies by Privateers, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the Twenty-ninth Year of His present Majesty's Reign, intituled, An Act for the Encouragement of Seamen, and the more speedy and effectual manning His Majesty's Navy; and for the better Prevention of Piracies and Robberies by the Crews of Private Ships of War."

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. Lane and Mr. Holford:

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

Message from thence, to return Warburton's Bill.

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

To return the Bill, intituled, "An Act to empower William Warburton Esquire to make Leases of Part of his settled Estate in Malvern Chace, for Ninety-nine Years, in order for the cultivating and improving the same;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Counts Leslie against Grants and Orme:

After hearing Counsel, upon the Petition and Appeal of Charles Cajetan Count Leslie, and Anthony Leslie of Balquhain; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 8th of December 1758; and of an Interlocutor of the Lords of Session, of the 20th of December 1758; and likewise of Four other Interlocutors of the Lord Ordinary, of the 22d of December 1758, the 16th and 20th of January, and 16th of February, 1759; and of another Interlocutor of the said Lords, of the 8th of March last, adhering to the Lord Ordinary's last-mentioned Interlocutor; and praying, "That the same might be reversed or varied; and that the Appellants might have such other Relief in the Premises as to this House should seem meet:" As also upon the Answer of Peter Grant and David Orme his Tutor 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 so much of the Interlocutors complained of in the said Appeal, as grants Commission for, or directs the Examination of, Witnesses at the several Places particularly mentioned in the said Interlocutors, be reversed; and that the said Interlocutors in all other respects be, and the same are hereby, affirmed: And it is hereby further Ordered, That an Examination of Witnesses be had at such Places, in which either of the Parties shall lay before the Court of Session, upon Oath, reasonable Ground to believe that material Witnesses may be produced as to the Matter in Question between the Parties; and that the said Court of Session do give all the proper Directions for carrying this Order and Judgement into Execution.

L. Onslow's Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, "An Act for making a Partition and Division of certain Lands and Hereditaments, in the County of Surrey, agreed to be purchased by Thomas late Lord Onslow; and for settling and limiting the same for the Benefit of the several Persons claiming under his Marriage Settlement and Will respectively; and also for selling and disposing of Timber, growing on the Estate devised by his Will, for the Purposes therein mentioned," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made some Amendments thereto."

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

Ordered, That the said Bill, with the Amendments, be engrossed.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum secundum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 22o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Eliens.
Epus. Lincoln.
Epus. Asaphen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Rutland, Senescallus.
Dux Devon, Camerarius.
Dux Newcastle.
Dux Dorset.
Comes Northampton.
Comes Warwick.
Comes Sandwich.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plymouth.
Comes Cholmondeley.
Comes Morton.
Comes Lauderdale.
Comes Findlater.
Comes Marchmont.
Comes Hyndford.
Comes Oxford.
Comes Effingham.
Comes Bath.
Comes Powis.
Comes Northumberland.
Comes Harcourt.
Comes Hardwicke.
Ds. Delawar.
Ds. Clifton.
Ds. Berkeley Str.
Ds. Delamer.
Ds. Hay.
Ds. Cadogan.
Ds. Ducie.
Ds. Talbot.
Ds. Sandys.
Ds. Anson.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Lyttelton.

PRAYERS.

L. Onslow's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making a Partition and Division of certain Lands and Hereditaments, in the County of Surry, agreed to be purchased by Thomas late Lord Onslow; and for settling and limiting the same for the Benefit of the several Persons claiming under his Marriage Settlement and Will respectively; and also for selling and disposing of Timber growing on the Estate devised by his Will, for the Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

French Cloths, to prevent Importation of into The Levant Seas, Bill.

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

With a Bill, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Sea, by or on the Behalf of any of His Majesty's Subjects;" to which they desire the Concurrence of this House.

Crickley Hill, Road Bill.

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

With a Bill, intituled, "An Act to amend so much of an Act, made in the Twenty-fourth Year of His Majesty's Reign, as relates to the Road leading from the Top of Crickley Hill in the County of Gloucester to the utmost Extent of the said County;" to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Relief of Debtors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for Relief of Debtors, with respect to the Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of, and deliver upon Oath, their Estates, for their Creditors Benefit."

After some Time, the House was resumed.

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

Message from the King:

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

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

"GEORGE R.

"His Majesty considering that sudden Emergencies may arise, which may be of the utmost Importance, and be attended with the most pernicious Consequences if proper Means should not be immediately applied to prevent or defeat them; His Majesty relies on the Zeal and Affection of the House of Lords, which he has so often experienced, to strengthen His Hands on this Occasion; and hopes that he shall have their Concurrence and Support in all such Measures as His Majesty shall judge necessary or proper to take, in order to disappoint and defeat any Enterprizes or Designs of His Enemies, and as the Exigency of Affairs may require."

"G. R."

Address thereupon.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His Most Gracious Message; and to express our grateful Sense of His Royal Wisdom and paternal Care to be prepared against any Emergencies that in the present Posture of Affairs may happen to arise; and to give His Majesty the strongest Assurances, that this House will zealously and chearfully support Him, in taking all such Measures as may conduce most effectually to frustrate and defeat the Designs or Enterprizes of his Enemies, and as the Exigency of Affairs in this most critical Conjuncture may require."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Milford Harbour, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for applying a Sum of Money, granted in this Session of Parliament, towards carrying on the Works for fortifying and securing the Harbour of Milford, in the County of Pembroke; and to amend and render more effectual an Act of last Session of Parliament, for applying a Sum of Money towards fortifying the said Harbour."

After some Time, the House was resumed.

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 23o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Eliens.
Epus. Cestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Argyll.
Comes Northampton.
Comes Sandwich.
Comes Shaftesbury.
Comes Cholmondeley.
Comes Lauderdale.
Comes Loudoun.
Comes Marchmont.
Comes Effingham.
Comes Gower.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Mansfield.
Ds. Lyttelton.

PRAYERS.

Relief of Debtors, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Relief of Debtors, with respect to Imprisonment of their Persons; and to oblige Debtors, who shall continue in Execution in Prison beyond a certain Time, and for Sums not exceeding what are mentioned in the Act, to make Discovery of, and deliver upon Oath, their Estates, for their Creditors Benefit."

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

It was Resolved in the Affirmative.

Milford Harbour, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for applying a Sum of Money; granted in this Session of Parliament, towards carrying on the Works for fortifying and securing the Harbour of Milford in the County of Pembroke; and to amend and render more effectual an Act of last Session of Parliament, for applying a Sum of Money towards fortifying the said Harbour."

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.

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

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

Crickley Hill, Road Bill:

The House was moved, "That the Bill, intituled, "An Act to amend so much of an Act, made in the Twenty-fourth Year of His present Majesty's Reign, as relates to the Road leading from the Top of Crickley Hill in the County of Gloucester to the utmost Extent of the said County," might be now read a Second Time.

Which being objected to;

It was moved, "That the said Bill be read a Second Time on Monday the 11th Day of June next."

After Debate;

The Question was put, on the last Motion.

It was Resolved in the Affirmative.

Ordered, That the said Bill be read a Second Time on Monday the 11th Day of June next.

His Majesty's Answer to Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Yesterday; and that, in Answer thereto, His Majesty was pleased to say, That He thanks the House of Lords, for this dutiful and affectionate Address, and for the Trust they have reposed in him."

Wemyss & al. against Mackay.

This Day being appointed, for hearing the Cause upon the Petition and Appeal of the Honourable James Wemyss of Wemyss, William Sutherland of Sibberseross, and Captain James Peterson of Major General Elliot's Regiment; complaining of Parts of Two Interlocutors of the Lords of Session in Scotland, of the 28th of February and 1st of March 1759; and also of an Interlocutor of the said Lords of the 6th of March 1759; and praying, "That the same might be reversed; and that the Appellants might have such Relief in the Premises as to this House in their great Wisdom should seem meet;" to which Appeal Hugh Mackay of Bighouse is Respondent:

Counsel were accordingly called in.

And the Counsel for the Respondent objected to the Appeal, in Point of Regularity; there being mutual Reclaiming Petitions, both of the Appellants and the Respondent, from different Parts of the said Interlocutors, now depending before the Court of Session, the First of which Reclaiming Petitions was preferred by the Appellants.

And the Counsel on both Sides having been heard upon the said Objection;

And being withdrawn:

It is Ordered, That the said Appeal be, and is hereby, dismissed this House; but without Prejudice to the Appellants bringing a new Appeal at the proper Time, as they shall be advised.

French Cloths, to prevent importing into The Levant Seas, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Sea, by or on the Behalf of any of His Majesty's Subjects."

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

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 24o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Argyll.
Comes Winchilsea.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Gower.
Ds. Walpole.
Ds. Lyttelton.

PRAYERS.

Portsmouth, &c. Docks, Bill.

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

With a Bill, intituled, "An Act for making Compensation to the Proprietors of such Lands and Grounds as have been purchased for the better securing His Majesty's Docks, Ships, and Stores, at Chatham, Portsmouth, and Plymouth, and for the better fortifying the Town of Portsmouth and Citadel of Plymouth, in Pursuance of an Act of the last Session of Parliament; and for other Purposes therein mentioned;" to which they desire the Concurrence of this House.

Samples of Foreign pirituous Liquors, Bill.

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

With a Bill, intituled, "An Act for further regulating the Power of taking Samples of Foreign Spirituous Liquors by the Officers of Excise; and also for empowering the Traders to take such Samples before the Duties are charged;" to which they desire the Concurrence of this House.

The said Bills were read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem Instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 25o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Ds. Custos Magni Sigilli.
Dux Bridgewater.
Comes Warwick.
Comes Marchmont.
Comes Halifax.
Comes Egremont.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Ds. Delamer.
Ds. Clifton.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Lyttelton.

PRAYERS.

Wright & al. against Pearson & al.

Upon reading the Petition of Henry Wright and others, Appellants in a Cause depending in this House, wherein Nathaniel Pearson and others are Respondents; setting forth, "That the Petitioners lately presented a Petition of Appeal to this House, from a Decree of the Court of Chancery, which they are now advised to withdraw;" and praying, "That they may be at Liberty to withdraw their said Appeal; the Respondents not having put in their Answer:"

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Portsmouth, &c. Dock, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for making Compensation to the Proprietors of such Lands and Hereditaments as have been purchased for the better securing His Majesty's Docks, Ships, and Stores, at Chatham, Portsmouth, and Plymouth, and for the better fortifying the Town of Portsmouth and Citadel of Plymouth, in Pursuance of an Act of the last Session of Parliament; and for other Purposes therein mentioned."

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

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

French Cloths, to prevent the Importation of, into The Levant Seas, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Sea, by or on the Behalf of any of His Majesty's Subjects."

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

Samples of Foreign Spirituous Liquors, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for further regulating the Power of taking Samples of Foreign Spirituous Liquors by the Officers of Excise; and also for empowering the Traders to take such Samples before the Duties are charged."

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

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

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum octavum diem Instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 28o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Bath. & Wells.
Epus. Meneven.
Epus. Cicestrien.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Newcastle.
Dux Dorset.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Lauderdale.
Comes Marchmont.
Comes Oxford.
Comes Halifax.
Comes Gower.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Ds. Hay.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Sandys.
Ds. Bruce.
Ds. Ravensworth.
Ds. Harwich.
Ds. Lyttelton.

PRAYERS.

Portsmouth, &c. Docks, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for making Compensation to the Proprietors of such Lands and Hereditaments as have been purchased for the better securing His Majesty's Docks, Ships, and Stores, at Chatham, Portsmouth, and Plymouth, and for better fortifying the Town of Portsmouth and Citadel of Plymouth, in Pursuance of an Act of the last Session of Parliament; and for other Purposes therein mentioned."

After some Time, the House was resumed.

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

Samples of Foreign Spirituous Liquors, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for further regulating the Power of taking Samples of Foreign Spirituous Liquors by the Officers of Excise; and also for empowering the Traders to take such Samples before the Duties are charged."

After some Time, the House was resumed.

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

French Cloths, to prevent the Importation of, into The Levant Seas, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Sea, by or on Behalf of any of His Majesty's Subjects."

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had gone through the Bill, and made Two Amendments thereto; which he was directed to report, when the House will please to receive the same.

Ordered, That the said Report be received Tomorrow.

Cambricks and French Lawns, to prevent the fraudulent Importation of, Bill.

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

With a Bill, intituled, "An Act for the more effectual preventing the fraudulent Importation of Cambricks and French Lawns;" to which they desire the Concurrence of this House.

The said Bill was read the Second Time.

Ordered, That the said Bill be printed.

Dealers in Linen, Petition to be heard against it.

Upon reading the Petition of the Merchants, Drapers, and other Dealers in Linen, of the City of London whose Names are thereunto subscribed, on Behalf of themselves and several Thousands employed in the different Branches of that Trade throughout Great Britain; setting forth, "That, by the said Bill, all Cambricks and French Lawns, imported before the First Day of August next, for the Exportation whereof Bonds have been given, are by that Day to be deposited in Warehouses in the Bill mentioned; and every Person, possessed of Cambricks or French Lawns after that Day, is subjected to a Forfeiture thereof and a Penalty; and, in case of any Doubt with respect to the Species or Quality of the Goods, or where the same were manufactured, the Proof is to lie upon the Owner, and not upon the Prosecutor;" and alleging, "That the Linen Trade is diffused among such a great Number of Hands (most of them Itinerant Dealers, or residing in distant or obscure Places), that it will be almost impossible for the Regulations and Restrictions of the said Bill to be universally known and understood by the several Persons affected thereby, within the short Time limited for the Commencement thereof; but absolutely so for the Trader within that Time to collect and warehouse their Bonded Cambricks and French Lawns, which, upon the Faith of having Three Years allowed them from the Date of their Bonds, they have sold and dispersed into a Variety of Hands for Exportation;" and therefore praying their Lordships to take the Premises into Consideration, and to make such Amendments in the said Bill, in respect thereof, as to their Lordships in their great Wisdom shall seem meet; or that the Petitioners may be heard, by their Counsel, against the said Bill:

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

Sinking Fund, Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty certain Sums of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer for the Service of the Year One Thousand Seven Hundred and Fifty-nine; and for Relief of Samuel Taylor, with respect to a Bond entered into by him for securing the Duties on Tobacco imported;" to which they desire the Concurrence of this House.

Judges Salaries to augment, Bill.

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

With a Bill, intituled, "An Act for augmenting the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, the Judges in the Courts of Session and Exchequer in Scotland, and Justices of Chester and the Great Sessions for the Counties in Wales;" to which they desire the Concurrence of this House.

Tax upon Offices, Act to explain, Bill.

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

With a Bill, intituled, "An Act to explain and amend an Act made in the last Session of Parliament, intituled, An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions, by Annuities and a Lottery, to be charged upon the said Rates and Duties, so far as the same relates to the Rates and Duties on Offices and Pensions;" to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum nonum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.

DIE Martis, 29o Maii.

Domini Spirituales præsentes fuerunt:

Arch. Cantuar.
Epus. Roffen.
Epus. Asaphen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Epus. Bristol.
Ds. Custos Magni Sigilli.

PRAYERS.

Then, in order to proceed to the Abbey Church, Westminster, to solemnize this Day; being appointed, by Act of Parliament, to be observed as a Day of Publick Thanksgiving, for the Restitution of King Charles the Second and the Royal Family, and Restoration of the Government;

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in horam secundam post meridiem, Dominis sic decernentibus.

DIE Martis, 29o Maii.

Post Meridiem.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Epus. Asaphen.
Epus. Norvicen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Landaven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Argyll.
Dux Newcastle.
Dux Dorset.
Comes Northampton.
Comes Warwick.
Comes Lauderdale.
Comes Marchmont.
Comes Egremont.
Comes Cornwallis.
Comes Hardwicke.
Ds. Hay.
Ds. Bathurst.
Ds. Ducie.
Ds. Sandys.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Lyttelton.

PRAYERS.

Thanks to the Bishop of Chichester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Chichester, for the Sermon by him preached before this House, this Day, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be forthwith printed and published.

French Cloths, to prevent the Importation of, into The Levant Seas, Bill.

The Earl of Warwick (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, "An Act for the better preventing the Importation of the Woollen Manu factures of France into any of the Ports in The Levant Sea, by or on the Behalf of any of His Majesty's Subjects."

Which Amendments were read by the Clerk, as follow:

"Pr. 6. L. 25. After ["Act"], insert ["except such as shall have been condemned as lawful Prize."].

At the End of the Title of the Bill, add ["and for the more effectual preventing the illegal Importation of Raw Silk and Mohair Yarn into this Kingdom."].

And the said Amendments, being read a Second Time, were agreed to by the House.

Franks & Ux. against Martin & Ux.

Upon reading the Petition and Appeal of Naphtali Franks Esquire and Phila his Wife; complaining of an Order of the Court of Chancery, pronounced the 9th Day of this Instant May, but which Order is not yet entered; and praying, "That the same may be reversed; and that Joseph Martin Esquire, Lazarus Simon and Margoles his Wife, Michael Adolphus Esquire and Rachael his Wife, Judy Levy Widow, and Judith Hart and Jacobed Hart Spinsters, and Naphtali Hart and Moses Hart Infants, Aaron Franks Esquire, and Phila Franks and Priscilla Franks Infants, and Henry Isaac Franks, may be required to answer the said Appeal:"

It is Ordered, That the said Joseph Martin, Lazarus Simon and Margoles his Wife, Michael Adolphus and Rachael his Wife, Judy Levy, Judith Hart, Jacobed Hart, Naphtali Hart, Moses Hart, Aaron Franks, Phila Franks, Priscilla Franks, and Henry Isaac Franks, may have a Copy of the said Appeal; and do put in their Answer, or respective Answers thereunto, in Writing, on or before Tuesday the 12th Day of June next.

Portsmouth, &c. Docks, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for making Compensation to the Proprietors of such Lands and Hereditaments as have been purchased for the better securing His Majesty's Docks, Ships, and Stores, at Chatham, Portsmouth, and Plymouth, and for better fortifying the Town of Portsmouth and Citadel of Plymouth, in Pursuance of an Act of the last Session of Parliament, for applying a Sum of Money towards fortifying the said Harbour."

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

It was Resolved in the Affirmative.

Samples of Foreign Spirituous Liquors, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for further regulating the Power of taking Samples of Foreign Spirituous Liquors by the Officers of Excise; and also for empowering the Traders to take such Samples before the Duties are charged."

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

It was Resolved in the Affirmative.

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

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

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

Sinking Fund, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty certain Sums of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer for the Service of the Year One Thousand Seven Hundred and Fifty-nine; and for Relief of Samuel Taylor, with respect to a Bond entered into by him for securing the Duties on Tobacco imported."

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

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

Cambricks and French Lawns, to prevent the fraudulent Importation of, Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual preventing the fraudulent Importation of Cambricks and French Lawns."

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

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

Petitions to be heard by Counsel for and against it.

Ordered, That the Petition of the Merchants and Dealers in Linen, praying to be heard by Counsel against the said Bill, be referred to the said Committee; and that the Petitioners may be heard, by themselves or Counsel, against the said Bill, before the said Committee, if they think fit; as may also Counsel be heard for the said Bill at the same Time.

Judges Salaries to augment, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for angmenting the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, the Judges in the Courts of Session and Exchequer in Scotland, and Justices of Chester and the Great Sessions in the Counties in Wales."

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

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

Tax on Offices, Act to explain, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to explain and amend an Act made in the last Session of Parliament, intituled, An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions, by Annuities and a Lottery, to be charged on the said Rates and Duties, so far as the same relates to the Rates and Duties on Offices and Pensions."

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

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

Adjourn.

Dominus Custos Magni Sigilli, declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tricesimum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 30o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Eliens.
Epus. Lincoln.
Epus. Roffen.
Epus. Asaphen.
Epus. Litch. & Cov.
Epus. Cestrien.
Epus. Meneven.
Epus. Cicestrien.
Ds. Custos Magni Sigilli.
Comes Temple, C. P. S.
Dux Grafton.
Dux Argyll.
Dux Newcastle.
Dux Dorset.
March. Rockingham.
Comes Huntingdon.
Comes Warwick.
Comes Winchilsea.
Comes Cardigan.
Comes Holdernesse.
Comes Cholmondeley.
Comes Lauderdale.
Comes Loudoun.
Comes Marchmont.
Comes Oxford.
Comes Dartmouth.
Comes Halifax.
Comes Gower.
Comes Egremont.
Comes Hertford.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Darlington.
Viscount Weymouth.
Ds. Delamer.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Cadogan.
Ds. Ducie.
Ds. Talbot.
Ds. Sandys.
Ds. Bruce.
Ds. Anson.
Ds. Ravensworth.
Ds. Ponsonby.
Ds. Walpole.
Ds. Harwich.
Ds. Lyttelton.

PRAYERS.

French Cloths to prevent the importing to The Levant Seas, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Sea, by or on the Behalf of any of His Majesty's Subjects."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Sinking Fund, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for granting to His Majesty certain Sums of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer for the Service of the Year One Thousand Seven Hundred and Fifty-nine; and for Relief of Samuel Taylor, with respect to a Bond entered into by him for securing the Duties on Tobacco imported."

After some Time, the House was resumed.

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

Judges Salaries to augment, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for augmenting the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, the Judges in the Courts of Session and Exchequer in Scotland, and Justices of Chester and the Great Sessions for the Counties in Wales."

After some Time, the House was resumed.

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

Tax on Offices, &c. Act to explain Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act to explain and amend an Act made in the last Session of Parliament, intituled, "An Act for granting to His Majesty several Rates and Duties on Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions by Annuities and a Lottery, to be charged on the said Rates and Duties, so far as the same relates to the Rates and Duties on Offices and Pensions."

After some Time, the House was resumed.

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

Message from the King, concurning Preparations making in France; to invade this Kingdom:

The Earl of Holdernesse acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships;"

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

"GEORGE R.

"The King has received Advices, that the French Court is making Preparations, with a Design to invade this Kingdom: And though His Majesty is persuaded, that, by the united Zeal and Affection of His People, any such Attempt must, under the Blessing of God, end in the Destruction of those who shall be engaged therein; yet His Majesty apprehends, that He should not act consistently with that Paternal Care and Concern which He has always shewn for the Safety and Preservation of His People, if He omitted any Means in His Power which may be necessary for their Defence: Therefore, in Pursuance of the late Act of Parliament, His Majesty acquaints the House of Lords with His having received repeated Intelligence of the actual Preparations making in the French Ports to invade this Kingdom, and of the imminent Danger of such Invasion being attempted, to the End that His Majesty may (if He shall think proper) cause the Militia, or such Part thereof as shall be necessary, to be drawn out and embodied, and to march as Occasion shall require."

"G. R.

Address thereupon.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and for acquainting us with the Intelligence He has received of the Preparations making by France to invade this Kingdom: To declare our utmost Indignation and Abhorrence of such a Design; and that we will, with united Duty, Zeal, and Affection, at the Hazard of our Lives and Fortunes, stand by and defend His Majesty against any such presumptuous and desperate Attempt: To express the just Sense we have of His Majesty's Goodness to His People, in omitting no Means in His Power which may tend to their Defence, and in His Intention to call out and employ the Militia, if it shall be found necessary for that Purpose; and to give His Majesty the strongest Assurances, that we will, with Vigour and Steadiness, support His Majesty in taking the most effectual Measures to defeat the Designs of His Enemies, to preserve and secure His Sacred Person and Government, the Protestant Succession in His Royal Family, and the Religion, Laws, and Liberties, of these Kingdoms."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Cambricks and French Lawns, to prevent the fraudulent Importation of, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, "An Act for the more effectual preventing the fraudulent Importation of Cambricks and French Lawns;" and for hearing Counsel for and against the same:

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

After some Time, the House was resumed.

And the Earl of Warwick reported from the Committee, "That they had been in Consideration of the said Bill; and had heard Counsel for the Merchants, Traders, and Dealers in Linen, upon their Petition against the Bill (no Counsel appearing for the Bill); and that the Committe had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, tricesimum primum diem instantis Mali, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 31o Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Meneven.
Epus. Bristol.
Ds. Custos Magni Sigilli.
Dux Devon, Camerarius.
Dux Argyll.
Dux Newcastle.
Comes Warwick.
Comes Winchilsea.
Comes Lauderdale.
Comes Marchmont.
Comes Gower.
Comes Powis.
Comes Hardwicke.
Ds. Delamer.
Ds. Hay.
Ds. Sandys.
Ds. Feversham.
Ds. Ponsonby.
Ds. Lyttelton.

PRAYERS.

Wilson & al. against Bayley & al.

The Answer of Thomas Bayly Esquire and Catherine his Wife, Two of the Respondents to the Appeal of Mark Wilson and others, was brought in.

Message from H. C. to return the Bill against importing French Cloths to the Levant Seas.

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

To return the Bill, intituled, "An Act for the better preventing the Importation of the Woollen Manufactures of France into any of the Ports in The Levant Seas, by or on the Behalf of any of His Majesty's Subjects;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Sinking Fund, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty certain Sums of Money out of the Sinking Fund; and for applying certain Monies remaining in the Exchequer, for the Service of the Year One Thousand Seven Hundred and Fiftynine; and for Relief of Samuel Taylor, with respect to a Bond entered into by him for securing the Duties on Tobacco imported."

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

It was Resolved in the Affirmative.

Tax on Offices, &c. Act to explain, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to explain and amend an Act, made in the last Session of Parliament, intituled, "An Act for granting to His Majesty several Rates and Duties upon Offices and Pensions, and upon Houses, and upon Windows or Lights; and for raising the Sum of Five Millions, by Annuities and a Lottery to be charged on the said Rates and Duties, so far as the same relates to the Rates and Duties on Offices and Pensions."

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

It was Resolved in the Affirmative.

Judges Salaries to augment, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for augmenting the Salaries of the Puisne Judges in the Court of King's Bench, the Judges in the Court of Common Pleas, the Barons of the Coif in the Court of Exchequer at Westminster, the Judges in the Courts of [ (fn. 1) Session and] Exchequer in Scotland, and Justices of Chester and the Great Sessions for the Counties of Wales."

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

It was Resolved in the Affirmative.

Cambricks and French Lawns, fraudulent Importation of, to prevent, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual preventing the fraudulent Importation of Cambricks and French Lawns."

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 Four preceding Bills.

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

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

D. of Devon against Wall et al.

Upon reading the Petition and Appeal of His Majesty's Attorney General, Informant (for and on Behalf of His Majesty), and of the most Noble William Duke of Devonshire; complaining of a Decree of the Court of Chancery, pronounced the 19th Day of February last, but which was not entered till the 30th of this Instant May; and praying, "That the same may be reversed, or that the Appellants may have such other Relief as to this House in their Lordships great Wisdom shall seem meet; and that John Wall, Henry Thornhill, Nicholas Twigg, Anthony Tissington, Peter Nightingale, Lydia Twigg Widow, and John Twigg an Infant by the said Lydia Twigg his Guardian, John Twigg of Holme, Joseph James, George Norman, John Johnson, Pierce Galliard Esquires, Elizabeth Garland Spinster, Philip Gell, Elizabeth Cresswell, and John Cresswell, Edward Cresswell, Samuel Cresswell, Mary Cresswell, and Peggy Cresswell Infants, by the said Elizabeth Creswell their Guardian, Arthur Bulkeley, Thomas Cripps an Infant by Richard Sheppard his Guardian, Grace Bramley Widow, Thomas Bradshaw Esquire, Edmund Turner Esquire and Elizabeth his Wife, Elizabeth Scholler Widow, and Thomas Thoroton Esquire, may be required to answer the said Appeal:"

It is Ordered, That the said John Wall and the several other Persons last-named may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 14th Day of June next; and Service of this Order on their Clerks in Court shall be deemed good Service.

Message from H. C. to return Ld. Onslow's Bill.

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

To return the Bill, intituled, "An Act for making a Partition and Division of certain Lands and Hereditaments, in the County of Surry, agreed to be purchased by Thomas late Lord Onslow; and for settling and limiting the same for the Benefit of the several Persons claiming under his Marriage Settlement and Will respectively; and also for selling and disposing of Timber growing on the Estate, devised by his Will, for the Purposes therein mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

His Majesty's Answer to Address.

The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Yesterday; and that, in Answer thereto, His Majesty was pleased to say, that He thanks the House of Lords, for the repeated Assurances of their unalterable Zeal, Duty, and Affection, to His Majesty on this Occasion, and has the utmost Confidence in their vigorous Support."

Adjourn.

Ds. Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, primum diem Junii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Desunt in Originali; vide p. 522. a. 523. b. 524. b. 527. b. & 532. a.