House of Lords Journal Volume 26
February 1746, 11-20

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History of Parliament Trust

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1767-1830

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538-542

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'House of Lords Journal Volume 26: February 1746, 11-20', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 538-542. URL: http://british-history.ac.uk/report.aspx?compid=114227 Date accessed: 23 July 2014.


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February 1746, 11-20

DIE Martis, 11o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Glocestr.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
Dux Newcastle.
Dux Portland.
March. Lothian.
Comes Derby.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Harborough.
Comes Graham.
Comes Fitzwalter.
Comes Malton.
Viscount Townshend.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

His Majesty's Answer to Address.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Yesterday, for a State of the National Debt; and that His Majesty was pleased to say, He would give Orders that the same should be laid before the House accordingly."

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle;" to which they desire the Concurrence of this House.

Messages from thence, to return the Bill for Alie to take the Name of Leman;

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

To return the Bill, intituled, "An Act to enable Richard Leman Esquire, formerly called Richard Alie, and the Heirs Male of his Body, to take and use the Surname of Leman, pursuant to the Will of Sir William Leman Baronet, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Vincent's Bill.

A Message was brought from the House of Commons, by Major General Onslow and others:

To return the Bill, intituled, "An Act for empowering Francis Vincent Esquire to make a Jointure on any future Marriage, and Provision for his Daughters and Younger Sons;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The said Amendment, being read Thrice, was agreed to.

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

Horned Cattle, Distemper, Bill.

Hodie 1a vice lecta & 2a vice lecta est Billa, intituled, An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle."

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

Accordingly 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 said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Visc. Grimston's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for giving Power to the Sons of William Lord Viscount Grimston to make Jointures, on their respective Marriages, in Lieu of a defective Power contained in the Settlement made on the Marriage of Samuel Grimston 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 the former Messengers:

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

Dreyer's Nat. Bill.

The Lord Bishop of Gloucester reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Daniel Dreyer," 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."

Bayntun Rolt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for rectifying and amending the Defects in a former Act of Parliament, made in the Fifteenth Year of the Reign of His present Majesty, for Sale of Part of the Estate of Edward Bayntun Rolt Esquire; and for the better and more effectual Execution of the Trusts of the said former Act."

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

L. Steward.
D. Newcastle.
D. Portland.
M. Lothian.
E. Derby.
E. Northampton.
E. Warwick.
E. Carlisle.
E. Shaftesbury.
E. Oxford.
E. Harborough.
E. Fitzwalter.
E. Malton.
Viscount Townshend.
Ld. Bp. Rochester.
L. Bp. Glocester.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. Lincoln.
L. Bp. St. Davids.
Ld. Wentworth.
L. Willoughby Par.
L. North.
L. Maynard.
L. Cornwallis.
L. Stawell.
L. Hervey.
L. Foley.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet on Wednesday the 26th Instant, at the usual Time and Place; and to adjourn as they please.

Bank Agreement, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for establishing an Agreement with the Governor and Company of the Bank of England, for canceling certain Exchequer Bills, upon the Terms therein mentioned; and for obliging them to advance the Sum of One Million, upon the Credit of the Land Tax and Malt Duties granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Forty-six."

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

It was Resolved in the Affirmative.

Sir Wyndham Knatchbull to take the Name of Wyndham, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir Wyndham Knatchbull Baronet and his Heirs Male to take and use the Surname and Arms of Wyndham, pursuant to the Desire of Thomas Lord Wyndham in the Kingdom of Ireland, deceased."

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 Two preceding Bills.

A Message was sent to the House of Commons, by the former Messengers:

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

Adjourn.

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

DIE Jovis, 13o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Roffen.
Epus. Glocestriens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Richmond.
Dux St. Albans.
Dux Bolton.
Dux Marlborough.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Effingham.
Comes Malton.
Viscount Fauconberg.
Viscount Townshend.
Viscount Hatton.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Horned Cattle, Distemper, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle."

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

It was Resolved in the Affirmative.

Dreyer's Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Daniel Dreyer."

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

It was Resolved in the Affirmative.

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

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

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

Message from thence, to return Meyer & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Herman Meyer and Herman Rudolph Klincke;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands 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 Bill concerning the Agreement with the Bank, 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 follow; (videlicet,)

Bills passed.

"1. An Act for establishing an Agreement with the Governor and Company of the Bank of England, for canceling certain Exchequer Bills, upon the Terms therein mentioned; and for obliging them to advance the Sum of One Million, upon the Credit of the Land Tax and Malt Duties granted to His Majesty for the Service of the Year One Thousand Seven Hundred and Forty-six."

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

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

"2. An Act for adjourning the Court of Session in Scotland; and for remedying the Inconveniencies arising from the Surcease of Justice in that Part of the Kingdom."

"3. An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom."

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

"Le Roy le veult."

"4. An Act for empowering Francis Vincent Esquire to make a Jointure on any future Marriage, and Provision for his Daughters and Younger Sons."

"5. An Act to enable Sir Wyndham Knatchbull Baronet and his Heirs Male to take and use the Surname and Arms of Wyndham, pursuant to the Desire of Thomas Lord Wyndham in the Kingdom of Ireland, deceased."

"6. An Act to enable Richard Leman Esquire, formerly called Richard Alie, and the Heirs Male of his Body, to take and use the Surname of Leman, pursuant to the Will of Sir William Leman Baronet, deceased."

"7. An Act for naturalizing Herman Meyer, Herman Rudolphe Klincke, and Peter Torras."

"8. An Act for naturalizing John Daniel Dreyer."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Adjourn.

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

DIE Martis, 18o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Glocestriens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
Dux Portland.
Dux Manchester.
March. Tweeddale.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Oxford.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Comes Leicester.
Viscount Fauconberg.
Viscount Townshend.
Viscount Lonsdale.
Viscount St. John.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Hay.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Sill & al. Petition referred to Judges.

Upon reading the Petition of Joseph Sill, of Skellow Grange, in the County of York; Gentleman, and Jane Sill his Wife, and Barbara Sill the Daughter and only Child of the said Joseph Sill by Anne his late Wife, deceased; praying Leave to bring in a Bill, for Sale of certain Estates, in Wakefield, Stanley, Lofthouse, and East Ardsley, in the County of York, for Payment of Debts:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Fortescue Aland; with the usual Directions, according to the Standing Order.

Wright & al. Petition referred to Judges.

Upon reading the Petition of Anne Wright Spinster, Thomas Tagg Gentleman and Sophia his Wife, Charles Montague Lyon Gentleman and Charlotta his Wife, William Bayley Gentleman and Margaret his Wife, John Davies Gentleman, Father and Guardian of John Davies his Son, an Infant, and on his Behalf, and Mary Clowes the Elder and Mary Clowes the Younger, Cousins and Guardians of Jane Shaw and Mary Shaw, both Infants, and on their Behalf; praying Leave to bring in a Bill, for Sale of certain Real and Leasehold Estates, in Nantwich, in the County of Chester, for discharging Encumbrances, and other Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Burnett; with the usual Directions, according to the Standing Order.

Hart, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of George Hart and his Wife; 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 vesting in Simon Lord Viscount Harcourt certain Lands in Ducklington, in the County of Oxford, discharged from the Trusts limited in the Marriage Settlement of George Hart with Susanna his now Wife; and for purchasing other Lands, to be settled in Lieu thereof."

Aldermen of London, Negative taken off, Bill.

A Message was brought from the House of Commons, by Sir William Calvert and others:

With a Bill, intituled, "An Act for repealing so much of an Act, passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for regulating Elections within the City of London, and for preserving the Peace, good Order, and Government of the said City," as relates to the making or passing of Acts, Orders, or Ordinances, in Common Council;" to which they desire the Concurrence of this House.

Market Harborough Road repairing, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from Market Harborough to Loughborough, in the County of Leicester;" to which they desire the Concurrence of this House.

Rebels in Scotland, speedy Trial of, Bill.

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

With a Bill, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors, in Trials for High Treason, or Misprision of Treason, in that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.

The Three last mentioned Bills were all read the First Time.

Report of Commissioners of Greenwich Hospital.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended:"

He was called in; and delivered, at the Bar, pursuant to the Directions of an Act of Parliament, passed in the Eleventh Year of His present Majesty,

"The Report of the said Commissioners, of what Money has been received from the Derwentwater Estate, between 1st December 1744, and 30th November 1745; and of their Proceedings in carrying on the Building."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

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

Adjourn.

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

DIE Mercurii, 19o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
March. Tweeddale.
Comes Derby.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Viscount Townshend.
Ds. Delawarr.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Foley.
Ds. Onslow.
Ds. Ducie.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Visc. Harcourt's Bill;

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting in Simon Lord Viscount Harcourt certain Lands in Ducklington, in the County of Oxford, discharged from the Trusts limited in the Marriage Settlement of George Hart with Susanna his now Wife; and for purchasing other Lands, to be settled in Lieu thereof."

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

L. Privy Seal.
L. Steward.
D. Argyll.
E. Derby.
E. Lincoln.
E. Northampton.
E. Warwick.
E. Ailesbury.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Oxford.
E. Strafford.
E. Harborough.
E. Fitzwalter.
E. Malton.
Viscount Townshend.
L. Bp. Rochester.
L. Bp. Norwich.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Delawarr.
L. Wentworth.
L. Willoughby Par.
L. Cornwallis.
L. Stawell.
L. Hervey.
L. Foley.
L. Onslow.
L. Ducie.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet on Thursday the 6th Day of March next, at the usual Time and Place; and to adjourn as they please.

Motion to dispense with Standing Order.

The House being moved, "That the Standing Order in relation to Bills for selling Lands in one Place, and buying Lands in another, may be so far dispensed with, as that the said Committee may proceed on the said Bill, notwithstanding no Agreement is yet made for the Purchase of other Lands, in which the Money that may arise from the said Sale is to be invested:"

Ordered, That the said Motion be taken into Consideration on Friday next; and the Lords to be summoned.

The House being informed, "That Mr. Dawson, from the Exchequer, attended:"

He was called in; and delivered, at the Bar, pursuant to their Lordships Address of the 10th Instant,

State of the National Debt delivered.

"A State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1744, and on the 31st of December 1745; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th Day of December 1716, the said Fund has been applied."

And then he was directed to withdraw.

And the Title thereof being read, by the Clerk:

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

Rebels in Scotland, speedy Trial of, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more easy and speedy Trial of such Persons as have levied, or shall levy, War against His Majesty; and for the better ascertaining the Qualifications of Jurors, in Trials for High Treason, or Misprision of Treason, in that Part of Great Britain called Scotland."

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

Market Harborough Road, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from Market Harborough to Loughborough, in the County of Leicester."

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

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

Aldermen of London, Negative taken off, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repealing so much of an Act passed in the Eleventh Year of the Reign of His late Majesty King George the First, intituled, "An Act for regulating Elections within the City of London; and for preserving the Peace, good Order, and Government of the said City," as relates to the making or passing of Acts, Orders, or Ordinances, in Common Council."

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

Adjourn.

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