House of Lords Journal Volume 26
March 1746, 21-31

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History of Parliament Trust

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1767-1830

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556-559

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'House of Lords Journal Volume 26: March 1746, 21-31', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 556-559. URL: http://british-history.ac.uk/report.aspx?compid=114231 Date accessed: 24 November 2014.


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March 1746, 21-31

DIE Veneris, 21o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Argyll.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Harborough.
Comes Malton.
Comes Orford.
Viscount Townshend.
Viscount Lonsdale.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Ward.
Ds. Cornwallis.
Ds. Stawell.
Ds. Hervey.
Ds. Foley.
Ds. Ducie.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Nugent & al. for Sale of the E. of Fingall's Estate, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Estates of the late Earl of Fingall, in the County of Cavan, in the Kingdom of Ireland, for discharging Encumbrances charged thereon; and for other 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; 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.

Wright's Bill.

The Earl of Warwick made the like Report from the, Committee to whom the Bill, 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," was committed.

And the same Order was made.

Baur, Leave for a Nat. Bill:

Upon reading the Petition of Michael Baur Merchant; praying Leave to bring in a Bill, for his Naturalization:

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

Accordingly, the Earl of Shaftesbury presented to the House a Bill, intituled, "An Act for naturalizing Michael Baur."

Bill read.

And the same was read the First Time.

Capt. Chalmer against Alison & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Captain John Chalmer is Appellant, and Robert Alison and others are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on the Second Day for Causes after the Recess at Easter.

Swearing, to prevent, Bill.

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

With a Bill, intituled, "An Act more effectually to prevent profane Cursing and Swearing;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Nugent & al. for Sale of the E. of Fingall's Estate, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of certain Estates of the late Earl of Fingall, in the County of Cavan, in the Kingdom of Ireland, for discharging Encumbrances charged thereon; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Wright's Bill:

Hodie 3a 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."

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

It was Resolved in the Affirmative.

Messages to H. C. with the Two preceding Bills.

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

To carry down the Two last mentioned Bills, and to desire their Concurrence to them.

Adjourn.

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

DIE Martis, 25o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Argyll.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Ailesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Strafford.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Viscount Lonsdale.
Ds. Delawarr.
Ds. Willoughby Par.
Ds. Ward.
Ds. Berkeley.
Ds. Hervey.
Ds. Hay.
Ds. Ducie.
2. Ds. Raymond.
1. Ds. Monson.

PRAYERS.

D. of Leeds's Bill.

The Lord Delawarr reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Duke of Leeds; and for applying Part of the Money arising thereby in the Payment of certain Debts owing by him, and the Residue in Discharge of Encumbrances affecting the rest of the said Duke's settled Estates, and for securing an Equivalent to his Issue Male in respect of what should be so applied, in Payment of the said Debts," 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.

Sill's Bill.

The Earl of Malton made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for Sale of certain Houses and Tenements in Wakefield, in the County of York, Part of the settled Estate of Joseph Sill Gentleman, for discharging a Bond Debt therein mentioned."

And the same Order was made.

D. Chandos, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Henry Duke of Chandos 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 Part of the settled Estates of the most Noble Henry Duke of Chandos in Trustees, for raising Money, to discharge Encumbrances affecting other Parts thereof, and for Payment of his Debts; and for securing an Equivalent to the Honourable James Brydges, called Marquis of Carnarvon, an Infant, and his Issue; and for raising, at Twenty-one or Marriage, the Portion charged on the said settled Estates for the Lady Caroline Brydges, only Daughter of the said Duke; and for securing to her the Interest thereof in the mean Time."

E. Cholmondeley and Mr. Pitt, Leave for a Bill.

Upon reading the Petition of George Earl Cholmondeley and William Pitt Esquire; praying Leave to bring in a Bill, to enable them to take, in Great Britain, the Oath of Office, of Vice Treasurer in Ireland; and to qualify themselves for the Enjoyment thereof:

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

Wednesfield Chapel, Bill:

The Lord Bishop of Worcester (pursuant to the Order of this House of the 12th Instant) presented to their Lordships a Bill, intituled, "An Act for founding and building a Chapel in Wednesfield, in the Parish of Wolverhampton, in the County of Stafford."

And the same was read the First Time.

His Majesty's Consent to it signified.

The Lord Chancellor acquainted the House, "That His Majesty, having been apprized of the Contents of the said Bill, wherein the Interest of the Crown is concerned, was graciously pleased to consent, that their Lordships might proceed thereon as they should think fit."

Capt. Cha against Alison & al.

Upon reading the Petition of Robert Alison and others, Respondents to the Appeal of Captain John Chalmer; praying, "In regard the Petitioner's Papers, Money to see Counsel, and Instructions for them, are not yet received from Scotland; that the Hearing of the said Appeal, which stands for the Second Cause-day after the approaching Recess, may be put off to such Time as to the House shall seem meet:"

And the Agents on both Sides being called in, and heard at the Bar, and withdrawn:

It is Ordered, That the said Hearing be adjourned for a Month.

E. Cholmondeley and Mr. Pitt, Bill.

The Lord Privy Seal presented to the House, pursuant to their Lordships Order, a Bill, intituled, "An Act to enable George Earl Cholmondeley and William Pitt Esquire 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."

And the same was read the First Time.

Baur's Nat. Bill.

Michael Baur took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Michael Baur."

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

Ld. Privy Seal.
D. Argyll.
D. Manchester.
D. Chandos.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Shaftesbury.
E. Coventry.
L. Bp. Rochester.
L. B. Glocester.
L. B. Norwich.
L. B. St. Davids.
Ld. Delawarr.
L. Willoughby Par.
L. Ward.
L. Berkeley.
L. Hervey.
L. Hay.
L. Ducie.
L. Monson.

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Swearing, to prevent, Bill.

Ordered, That the Bill, intituled, "An Act more effectually to prevent profance Cursing and Swearing," be printed.

Phipps against E. Anglesey, for Waiver of Privilege.

Upon reading the Petition of Constantine Phipps, late of the Parish of St. George Hanover Square, and now of the City of Dublin, Esquire; setting forth, "That the Petitioner, who is Grandson and Heir at Law of James late Earl of Anglesey, and Heir at Law of John and Arthur late Earls of Anglesey, and entitled to divers Estates, in the Kingdom of Ireland, was, at the Time of the Death of the said Arthur Earl of Anglesey, under Age, and did reside in this Kingdom, by Means whereof Richard Earl of Anglesey and Charles Annesley Esquire entered on all the Estates of the said Earl Arthur, and took Possession thereof; whereupon the Petitioner brought a Suit in the Exchequer in that Kingdom (amongst other Things) to prevent the committing of Waste; but the said Richard Earl of Anglesey insists on his Privilege as a Peer of Great Britain, and threatens to complain of a Breach thereof, if the Petitioner proceeds;" and praying the House to take his Case into Consideration, and grant him such Relief as to their Lordships great Wisdom shall seem just, so that the Petitioner and his Agents may be at Liberty to proceed in the said Suit, without the Danger of incurring the Displeasure of this House:

It is Ordered, That a Copy of the said Petition be sent to the said Richard Earl of Anglesey; and that his Lordship be at Liberty to put in his Answer thereunto, in Writing, on or before this Day Month.

Pawnbrokere regulating, 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 regulating of Pawnbrokers:"

Ordered, That the House be put into a Committee thereupon, on the First Thursday after the approaching Recess at Easter.

Plunket against V. Kingstand & al.:

The House being informed, "That some Persons attended, in order to deliver in Copies of Papers, Pleadings, and Proceedings, on both Sides, in the Cause wherein William Plunket Gentleman is Appellant, and Henry Lord Viscount Kingsland and others are Respondents:"

Pleadings proved.

They were thereupon called in, and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, they having examined them with the Originals in the proper Offices in Ireland."

And then they were directed to withdraw.

Adjourn.

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

DIE Mercurii, 26o Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Manchester.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Coventry.
Comes Oxford.
Comes Harborough.
Comes Malton.
Ds. Willoughby Par.
Ds. Ward.
Ds. Hervey.
Ds. Ducie.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

D. Leeds's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of Part of the Estate of Thomas Duke of Leeds; and for applying Part of the Money arising thereby in the Payment of certain Debts owing by him, and the Residue in Discharge of Encumbrances affecting the rest of the said Duke's settled Estates; and for securing an Equivalent to his Issue Male, in respect of what should be so applied in Payment of the said Debts."

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

It was Resolved in the Affirmative.

Sill's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for Sale of certain Houses and Tenements in Wakefield, in the County of York, Part of the settled Estate of Joseph Sill Gentleman, for discharging a Bond Debt therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with the Two preceding Bills.

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

To carry down the said Bills, and desire their Concurrence to them.

Messages from thence, to return V. Harcourt's Bill:

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

To return 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Crabb to take the Name of Boulton, Bill.

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

To return the Bill, intituled, "An Act to enable Henry Crabb and his Heirs Male to take and use the Surname of Boulton, pursuant to the Will of Richard Boulton Esquire, deceased;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Baur, Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Michael Baur," 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.

D. of Chandos's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of the most Noble Henry Duke of Chandos in Trustees, for raising Money, to discharge Encumbrances affecting other Parts thereof; and for Payment of his Debts; and for securing an Equivalent to the Honourable James Brydges, called Marquis of Carnarvon, an Infant, and his Issue; and for raising, at Twenty-one or Marriage, the Portion charged on the said settled Estates for the Lady Caroline Brydges, only Daughter of the said Duke; and for securing to her the Interest thereof in the mean Time."

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

D. Manchester.
M. Tweeddale.
E. Suffolk.
E. Northampton.
E. Warwick.
E. Oxford.
E. Harborough.
E. Malton.
L. Bp. Rochester.
L. B. Litch. & Cov.
L. B. Chichester.
L. B. Bangor.
L. B. St. Asaph.
L. B. St. Davids.
L. Willoughby Par.
L. Ward.
L. Hervey.
L. Ducie.
L. Monson.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet on Thursday the 10th Day of April next, at the usual Time and Place; and to adjourn as they please.

Wednesfield Chapel, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for founding and building a Chapel in Wednesfield, in the Parish of Wolverhampton, in the County of Stafford."

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 Tuesday Sevennight, at the usual Time and Place; and to adjourn as they please.

E. Cholmondeley and Mr. Pitt's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable George Earl Cholmondeley and William Pitt Esquire 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 same Committee:

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

Adjourn.

Dominus Cancellarius, declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, octavum diem Aprilis jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.