House of Lords Journal Volume 26
February 1746, 21-28

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History of Parliament Trust

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1767-1830

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543-546

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'House of Lords Journal Volume 26: February 1746, 21-28', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 543-546. URL: http://british-history.ac.uk/report.aspx?compid=114228 Date accessed: 21 August 2014.


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February 1746, 21-28

DIE Veneris, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bath. & Wells.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Argyll.
Dux Newcastle.
M. Tweeddale.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Ailesbury.
Comes Shaftesbury.
Comes Oxford.
Comes Macclesfield.
Comes Graham.
Comes Malton.
Comes Fitzwalter.
Viscount Fauconberg.
Viscount Townshend.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Maynard.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Mansel.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.

PRAYERS.

E. of Plymouth's Guardians Petition referred to Judges.

Upon reading the Petition of Elizabeth Lewis Widow, William Fortescue Master of the Rolls, and Thomas Archer Esquire, as Guardians, and on the Behalf, of Other Lewis Earl of Plymouth, an Infant, only Son and Heir of the Right Honourable Other late Earl of Plymouth deceased, by Elizabeth late Countess of Plymouth, also deceased, who was Daughter and only Child of Thomas Lewis late of Soberton in the County of Southampton Esquire, deceased, by the said Elizabeth Lewis; praying Leave to bring in a Bill, for empowering the Petitioners, or other Guardians of the said Earl for the Time being, to make and grant Leases of divers Farms, Lands, and Tenements, in the County of Glamorgan, for his Lordship's Benefit:

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 Wright; with the usual Directions, according to the Standing Order.

Lloyd & al. Petition referred to Judges.

Upon reading the Petition of Thomas Lloyd Esquire and Anne his Wife, and of John Lloyd and Anna Louisa Lloyd their Infant Children; praying Leave to bring in a Bill, for Sale of certain Estates, in the Counties of Carmarthen, Pembroke, and Cardigan, in the Petition mentioned, with Powers to make Leases, Partitions, and Exchanges, and other Purposes in the Petition expressed:

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.

Sir Narborough D'Aeth's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act to vest the Manor of Ruxley, in the County of Kent, and several Lands there, in Sir Narborough D'Aeth Baronet and his Heirs, discharged of the Uses in his Marriage Settlement, other Lands in the said County, of greater Value, being settled in Lieu thereof," 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 One Amendment thereunto."

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

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

Market Harborough Road Bill.

The Earl of Harborough reported from the Lords Committees to whom the 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," 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."

Standing Order dispensed with on Visc. Harcourt's Bill.

The Order of the Day being read, for taking into Consideration the Motion made on Wednesday last, for dispensing with the Standing Order of this House, in relation to Bills for selling Lands in one Place, and buying Lands in another, so far as that the Committee to whom the Bill, 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." stands committed, may proceed on the said Bill, notwithstanding there is not yet any Agreement made for the Purchase of other Lands, as is directed by the said Standing Order:

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with in this Case, as is desired.

Rebels in Scotland, speedy Trial of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the 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."

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."

Aldermen of London, Negative taken off, Bill.

The like Proceeding was had, upon the 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."

And the same Report was made.

Respondents to Chalmer's Appeal peremptorily to answer.

The House being informed, "That Robert Alison and others have not put in their Answer to the Appeal of Captain John Chalmer, though duly served with the Order of this House for that Purpose."

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

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

Adjourn.

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

DIE Martis, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Beaufort.
Dux Manchester.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Oxford.
Comes Harborough.
Comes Graham.
Comes Malton.
Comes Orford.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount St. John.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Maynard.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Ducie.
Ds. Hobart.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Sir Narbrough D'Aeth's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to vest the Manor of Ruxley, in the County of Kent, and several Lands there, in Sir Narbrough D'Aeth Baronet and his Heirs, discharged of the Uses in his Marriage Settlement; other Lands in the said County, of greater Value, being settled in Lieu thereof."

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. Burroughs:

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

Rebels in Scotland, speedy Trial of, Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.

"Oxford & Mortimer."

Aldermen of London, Negative taken off, Bill.

Hodie 3a 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."

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

It was Resolved in the Affirmative.

Market Harborough Road, Bill:

Hodie 3a 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; and for making the said Act more effectual."

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 Three preceding Bills.

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, without any Amendment.

Kelfield Commons enclosing, Bill.

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

With a Bill, intituled, "An Act for establishing Articles of Agreement for an Enclosure and Division of the Common Fields, Wastes, and Common Grounds, in the Manor of Kelfield, in the County of York; and for empowering the Lord of the said Manor to raise Money to complete the said Enclosure;" to which they desire the Concurrence of this House.

Ripon Common enclosing, Bill.

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

With a Bill, intituled, "An Act for giving further Time to execute an Act made in the Seventeenth Year of His present Majesty, intituled, 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;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

Adjourn.

Dominus Cancellarius declaravit, præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum sextum diem instantis Februarii, hora undecima Auroræ.

DIE Mercurii, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Norwic.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Argyll.
Dux Newcastle.
Dux Portland.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Strafford.
Comes Fitzwalter.
Comes Malton.
Comes Leicester.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Townshend.
Ds. Willoughby Par.
Ds. Cornwallis.
Ds. Foley.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Renton against Renton & al.

The joint and several Answer of Thomas Renton and others, to the Appeal of Elizabeth Renton, was brought in.

Kelfield Commons enclosing Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing Articles of Agreement, for an Enclosure and Division of the Common Fields, Wastes, and Common Grounds, in the Manor of Kelfield, in the County of York; and for empowering the Lord of the said Manor to raise Money, to complete the said Enclosure."

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

L. Privy Seal.
L. Steward.
D. Argyll.
D. Newcastle.
D. Portland.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Coventry.
E. Oxford.
E. Strafford.
E. Fitzwalter.
E. Malton.
E. Leicester.
Viscount Say & Seale.
Viscount Lonsdale.
L. Bp. Rochester.
L. Bp. Norwich.
L. Bp. Bath & Wells.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. St. Davids.
L. Willoughby Par.
L. Cornwallis.
L. Foley.
L. Raymond.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet on Thursday the 13th Day of March next, at the usual Time and Place; and to adjourn as they please.

Ripon Common enclosing, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for giving further Time to execute an Act made in the Seventeenth Year of His present Majesty, intituled, 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."

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.

Inkpen Commons enclosing, Bill.

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

To return the Bill, intituled, "An Act for confirming and establishing Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields, within the Parish of Inkpen, in the County of Berks;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

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

DIE Veneris, 28o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Glocestriens.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
Dux Beaufort.
Dux Argyll.
Dux Newcastle.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Fitzwalter.
Comes Malton.
Comes Orford.
Comes Leicester.
Viscount Lonsdale.
Ds. Willoughby Par.
Ds. Ward.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Raymond.
Ds. Fitzwilliam.

PRAYERS.

Orme's Petition referred to Judges.

Upon reading the Petition of Garton Orme Esquire; praying Leave to bring in a Bill, for the Sale of Lands in the County of Sussex, in the Petition mentioned, for the Payment of Debts, and other Purposes therein expressed:

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 the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Order.

Bayntun Rolt's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, 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," 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 some 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.

Wright & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anne Wright Spinster 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 vesting the Real and Leasehold Estates late of Edward Wright Esquire, deceased, in Trustees, to be sold, for Payment of his Debts, and other Purposes."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.