House of Lords Journal Volume 26
February 1745, 11-20

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History of Parliament Trust

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1767-1830

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436-441

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'House of Lords Journal Volume 26: February 1745, 11-20', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 436-441. URL: http://british-history.ac.uk/report.aspx?compid=114204 Date accessed: 27 November 2014.


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February 1745, 11-20

DIE Lunæ, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Leeds.
Dux Newcastle.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Berkshire.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Malton.
Comes Bath.
Viscount Torrington.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Auchterlony against Murray.

The Answer of Charles Murray of Stanhope, to the Appeal of George Auchterlony, was brought in.

M. of Annandale to take the Name of Vanden Bempde, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable George Vanden Bempde, Marquis of Annandale, to use the Surname and Arms of Vanden Bempde, pursuant to the Will of John Vanden Bempde Esquire, deceased."

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. Elde and Mr. Burroughs:

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

Pate to take the Name of Rose, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for confirming and establishing on John Pate Esquire and his Issue Male the Surname of Rose," 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."

The King's Answer, to the Address for a State of the National Debt.

The Earl Fitzwalter reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House of Friday last, for a State of the National Debt, provided or unprovided for by Parliament; and that His Majesty was pleased to say, He would order the same to be laid before this House accordingly."

Regulation by the French King, concerning Prizes of Neutral Vessels.

The Duke of Newcastle (by His Majesty's Command) presented to the House, pursuant to their Lordships Address to His Majesty of this Day Sevennight, a printed Paper, intituled,

"Reglement concernant les Prises faites sur Mer, et la Navigation des Vaisseaux Neutres, pendant la Guerre, du 21 Octobre, 1744;" and Translation.

And the Title thereof being read:

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

Beauchamp to take the Name of Proctor, Bill.

The Lord Willoughby of Parham presented to the House, pursuant to their Lordships Order of Friday last, a Bill, intituled, "An Act for confirming to William Beauchamp Esquire and his Heirs the Surname of Proctor, according to the Direction of the last Will and Testament of George Proctor Esquire, deceased."

And the same was read the First Time.

E. Cholmondeley and vis. Torrington to take the Oaths in Great Britain, Bill.

Upon reading the Petition of George Earl Cholmondeley and Pattee Viscount Torrington; praying Leave to bring in a Bill, to enable them to take, in Great Britain, the Oath of Office, to qualify themselves for the Enjoyment of their Employments in Ireland:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Accordingly, the Earl of Halifax presented to the House, a Bill, intituled, "An Act to enable George Earl Cholmondeley and Pattee Viscount Torrington to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

The said Bill was read the First Time.

Respondents to Ouchterlony's Appeal, peremptorily to answer.

The House was informed, "That Robert and Thomas Hunters, Infants, by their Guardians, and Veronica Murray their Mother, have not put in their Answers to the Appeal of George Ouchterlony of London Merchant, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit, made by William Henry Writer in Edinburgh, of the due Service of the said Order, being read:

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

Sir J. Peachy's Bill.

Ordered, That the Committee to whom the Bill, intituled, "An Act for exchanging divers Lands and Hereditaments in Hantshire, belonging to Sir John Peachy Baronet, for other Lands and Hereditaments in Sussex, belonging to Thomas Knight Esquire; and for settling the several Estates so taken in Exchange to the Uses limited of the Estates given in Exchange for the same respectively," stands committed, which was appointed to fit To-morrow, do meet on Thursday next, to consider of the said Bill.

Adjourn.

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

DIE Jovis, 14o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Sarum.
Epus. Exon.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Graston, Camerarius.
Dux Richmond.
Dux St. Albans.
Dux Bedford.
Dux Montagu.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Chandos.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Winchilsea.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Litchfield.
Comes Rochford.
Comes Albemarle.
Comes Coventry.
Comes (fn. 1) Jersey.
Comes Poulet.
Comes Loudoun.
Comes Stair.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Aylesford.
Comes Granville.
Comes Halifax.
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Malton.
Comes Harrington.
Viscount Say & Seale.
Viscount St. John.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Weston.
Ds. Haversham.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. Hobart.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Pate to take the Name of Rose, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing on John Pate Esquire and his Issue Male the Surname of Rose."

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. Sawyer and Mr. Montagu:

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

Fowke against Countess of Roscommon.

Upon reading the Petition and Appeal of Thomas Fowke Esquire; complaining of a Decree, or Order, of the Court of Chancery in Ireland, of the 7th of February 1742, made on the Behalf of Angel Countess Dowager of Roscommon; and praying, "That the said Decree, or Order, may be varied; and that the Appeal of the said Countess to this House may be dismissed, with Costs; or that their Lordships will grant the Appellant such further and other Relief as in their great Wisdom shall seem meet:"

It is Ordered, That the said Countess Dowager of Roscommon may have a Copy of the said Appeal; and put in her Answer thereunto, in Writing, on or before Thursday the 21st Day of March next; and that the Service of this Order on the Respondent's Agent be deemed good Service.

E. Cholmondeley and Vis. Torrington's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable George Earl Cholmondeley and Pattee Viscount Torrington to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices."

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

Ld. President.
Ld. Steward.
D. Richmond.
D. Montagu.
D. Newcastle.
March. Lothian.
E. Pembroke.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Litchfield.
E. Coventry.
E. Oxford.
E. Harborough.
E. Pomfret.
E. Graham.
E. Harrington.
Vis. Say & Seale.
Vis. Falmouth.
L. Abp. Cant.
L. Bp. Rochester.
L. B. Sarum.
L. B. Exon.
L. B. Norwic.
L. B. St. Davids.
Ld. Willoughby Par.
L. North.
L. Maynard.
L. Strange.
L. Ward.
L. Cornwallis.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Cadogan.
L. Ducie.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

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

Beauchamp to take the Name of Proctor, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for confirming to William Beauchamp Esquire and his Heirs the Surname of Proctor, according to the Direction of the last Will and Testament of George Proctor Esquire, deceased."

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

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

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales and the Duke of Cumberland (in their 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 short Introduction in relation to the Malt Bill, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follows; (videlicet,)

Bills passed.

"1. An Act for continuing the Duties on Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-five."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

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

"2. An Act to enable the Parishioners of the Parish of Saint Margaret, within the Borough of King's Lynn, in the County of Norfolk, to raise Money, by Rates upon themselves, for finishing the Church of the said Parish."

"3. An Act for repairing the Road leading from the Town of Kingston upon Hull to and through the Town of Anlaby, and from thence to the Town of Kirk-Ella, in the County of the said Town of Kingston upon Hull."

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

"Re Roy le veult."

"4. An Act for confirming and establishing on John Pate Esquire and his Issue Male the Surname of Rose."

To this Bill the Royal Assent was 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,

"It is with great Pleasure that I take this Opportunity to assure you of My entire Satisfaction in the Dispatch and Unanimity of your Proceedings in this Session of Parliament, and in the Zeal you have shewn for the common Cause, and for the Honour and true Interest of Great Britain.

"Gentlemen of the House of Commons,

"I return you My Thanks, for the Readiness and Chearfulness with which you have already provided so considerable a Part of the Supplies; and I make no Doubt but the same Zeal and good Disposition will induce you to enable Me to make good the Alliances I am already engaged in, and to concert such other Measures, in this important Conjuncture, as shall be judged necessary for the Support of the Queen of Hungary, and for carrying on the present War with Vigour, in order to procure a safe and honourable Peace.

"My Lords, and Gentlemen,

"I have, in Conjunction with the Queen of Hungary and The States General, concluded a Treaty with the King of Poland, which I will order to be laid before you. Let Me earnestly recommend to you the Continuance of the same Steadiness and Harmony in your Deliberations, which cannot fail to give great Encouragement to My Allies, and to add great Weight to our Efforts."

The Speech being ended; His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

The Lord Chancellor reported His Majesty's Speech.

And the same being read by the Clerk:

Address of Thanks.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne; and to assure His Majesty of the Support and Concurrence of this House, in all such Measures, in this important Conjuncture, as shall be necessary for the Honour and true Interest of His Crown and Kingdoms, the Support of the Queen of Hungary, and for carrying on the present War with Vigour, in order to procure a safe and honourable Peace."

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

Sir J. Peachy's Bill.

The Earl of Oxford reported from the Lords Committees to whom the Bill, intituled, "An Act for exchanging divers Lands and Hereditaments in Hantshire, belonging to Sir John Peachy Baronet, for other Lands and Hereditaments in Sussex, belonging to Thomas Knight Esquire; and for settling the several Estates so taken in Exchange to the Uses limited of the Estates given in Exchange for the same respectively," 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; and that the Committee had gone through the Bill, and made several Amendments thereunto."

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

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

L. Arch Hamilton against E. of Cassillis & al.

A Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, was presented to the House, and read; setting forth, "That his Appeal, to which the Earl and Countess of Cassillis and others are Respondents, is appointed to be heard on Monday next; but the Petitioner is advised that the other Causes depending in this House, wherein the said Earl and Countess are Appellants, and the Petitioner and others Respondents, and the Earl of March and Countess of Ruglen and March are Appellants, and the Petitioner Respondent, ought properly to be heard at the same Time, being relative to Proceedings in the same Cause; the Answers of all the Respondents not yet brought in;" and praying, "That the Time for hearing the Petitioner's Appeal may be enlarged till Monday the 18th of March next."

And thereupon the Agents on both Sides were called in and heard at the Bar.

And being withdrawn:

Ordered, That the said Hearing be put off to Monday the 18th of March next accordingly.

Adjourn.

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

DIE Martis, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Roffen.
Epus. Litch. & Cov.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Lincoln.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
(fn. 2) Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Newcastle.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Rochford.
Comes Coventry.
Comes Jersey.
Comes Poulet.
Comes Cholmondeley.
Comes Loudoun.
Comes Stair.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Ker.
Comes Fitzwalter.
Viscount St. John.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Cornwallis.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Ouchterlony against Hunter & al.

The Answer of Archibald Hunter and others, to the amended Appeal of George Ouchterlony, was brought in.

Catanach against Gordon & al.

As was also, the Answer of Charles Hamilton Gordon Advocate, to the Appeal of James Catanach Doctor of Laws.

Countess of Roscommon against Fowke.

And likewise, the Answer of Thomas Fowke Esquire, to the Appeal of Angel Countess Dowager of Roscommon.

His Majesty's Answer to the Address of Thanks.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Thursday last; and that His Majesty was pleased to say, He thanks the House of Lords, for this dutiful Address; and has the firmest Considence in the seasonable Assurances they have given Him of their Zeal and Support."

E. Cholmondeley and Vis. Torring on's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable George Earl Cholmondeley and Pattee Viscount Torrington to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices," 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."

Ordered, That the said Bill be engrossed.

Beauchamp to take the Name of Proctor, Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for confirming to William Beauchamp Esquire and his Heirs the Surname of Proctor, according to the Direction of the last Will and Testament of George Proctor Esquire, deceased," was committed.

And the same Order was made.

Mrs. Penton's Nat. &c. Bill.

The same Earl presented to the House (pursuant to their Lordships Order of the First of February Instant) a Bill, intituled, "An Act for naturalizing Dorothy Penton, Wife of Henry Penton Esquire; and for qualifying and enabling her to hold and enjoy a Rent Charge, limited to her upon her Marriage, in the Name of her Jointure."

And the same was read the First Time.

Sir J. Peachy's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for exchanging divers Lands and Hereditaments in Hantshire, belonging to Sir John Peachy Baronet, for other Lands and Hereditaments in Sussex, belonging to Thomas Knight Esquire; and for settling the several Estates so taken in Exchange to the Uses limited of the Estates given in Exchange for the same respectively."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

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

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

Robinson & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Robinson Widow and others; praying Leave to bring in a Private Bill:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of William Robinson Esquire and Dame Dorothy Jeffreys, in Wales and Shropshire, for Payment of their respective Debts and Encumbrances."

Adjourn.

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

Footnotes

1 Bis in Originali.
2 Origin. Dux.