House of Lords Journal Volume 26
June 1746, 21-30

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History of Parliament Trust

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1767-1830

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595-600

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'House of Lords Journal Volume 26: June 1746, 21-30', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 595-600. URL: http://british-history.ac.uk/report.aspx?compid=114240 Date accessed: 30 September 2014.


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June 1746, 21-30

DIE Martis, 24o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Hereford.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Pembroke.
Comes Suffolk.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Cholmondeley.
Comes Findlater.
Comes Granville.
Comes Graham.
Comes Fitzwalter.
Comes Orford.
Comes Harrington.
Comes Bath.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington.
Ds. Delawarr.
Ds. Clinton.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hay.
Ds. Sandys.

PRAYERS.

Porten & al. Pet. for a Bill, to exchange Lands with Van Neck.

Upon reading the Petition of James Porten of Putney in the County of Surry Esquire, of John Eyre formerly of Putney and now of Landford in the County of Wilts Esquire, and of James Galpin formerly of Putney, and now of Seymour in the County of York Esquire, and of Edward Gybbon, John James Dobson, Robert Lant, George Denning, Robert Allen, and Michael Turner, all of Putney, Esquires, and of Gerard Van Neck of Putney aforesaid; praying Leave to bring in a Bill, for the Exchange of an Estate in Putney aforesaid, given to Charitable Uses, for another Estate, of greater Value, belonging to the Petitioner Gerard Van Neck, in the County of Hertford:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Dennison and Mr. Justice Foster; with the usual Directions, according to the Standing Order.

Message from H. C. to return E. Cholmondeley and Sir W. Yonge's Bill.

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

To return the Bill, intituled, "An Act to enable George Earl of Cholmondeley and Sir William Yonge Baronet, Knight of the most Honourable Order of the Bath, 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 to acquaint this House, that they have agreed to the same, without any Amendment.

Sinking Fund Bill.

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

With a Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty-six; and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Receipts, Annuity Orders, or other Orders, lost, burnt, or otherwise destroyed;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Indictments of High Treason found against Three Lords to be brought before the House:

The Duke of Newcastle, by His Majesty's Command, acquainted the House, "That Bills of Indictment of High Treason were Yesterday found, by the Grand Jury of the County of Surrey, against William Earl of Kilmarnock, George Earl of Cromartie, and Arthur Lord Balmerino."

Ordered, That the said Indictments be removed before this House, by Certiorari; and that a Writ or Writs of Certiorari be issued for that Purpose.

Committee to inspect Precedents.

Then the Lords following were appointed a Committee, to inspect the Journals of this House, upon former Trials of Peers in Capital Cases; and to consider of the proper Methods of Proceeding, in order to bring the Lords abovenamed to a speedy Trial; and to report to the House what they shall think proper thereupon:

Ld. Chancellor.
Ld. President.
Ld. Chamberlain.
D. Argyll.
D. Newcastle.
M. Tweeddale.
E. Pembroke.
E. Suffolk.
E. Warwick.
E. Winchilsea.
E. Thanet.
E. Cholmondeley.
E. Findlater.
E. Granville.
E. Graham.
E. Fitzwalter.
E. Orford.
E. Harrington.
E. Bath.
Visc. Fauconberg.
Visc. Lonsdale.
Visc. Torrington.
L. Bp. Landaff.
L. B. Bangor.
L. B. St. Asaph.
L. B. Hereford.
L. Delawarr.
L. Clinton.
L. Dudley.
L. Willoughby Par.
L. Berkeley.
L. Cornwallis.
L. Hay.
L. Sandys.

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

Ordered, That the Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, do attend the said Committee.

Prizes granted to Greenwich Hospital, better securing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for better securing the Payment of such Shares of Prizes taken from the Enemy as are granted to the Royal Hospital at Greenwich; and for granting to the said Hospital the Shares of Run Men in all Prizes taken from the Spaniards; and for the Coinage of Prize Gold and Silver."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

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

Episcopal Ministers in Scotland to quality themselves, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act more effectually to prohibit and prevent Pastors and Ministers from officiating in Episcopal Meetinghouses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate:"

Ordered, That the House be put into a Committee thereupon, To-morrow.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, vicesimum quintum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 25o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Hereford.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cholmondeley.
Comes Findlater.
Comes Granville.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Bath.
Viscount Lonsdale.
Viscount Torrington.
Ds. Clinton.
Ds. Dudley.
Ds. Brooke.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Carmichael, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Daniel Carmichael of Mauldslie; 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 to enable Daniel Carmichael of Mauldslie, or the succeeding Heirs of Entail, to sell Lands, in the Counties of Lanerk and Fife, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled."

Episcopal Ministers in Scotland to qualify themselves, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act more effectually to prohibit and prevent Pastors and Ministers from officiating in Episcopal Meetinghouses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate."

Ordered, That the House be put into a Committee thereupon, on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum sextum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 26o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Epus. Hereford.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Argyll.
Dux Portland.
March. Tweeddale.
Comes Warwick.
Comes Chesterfield.
Comes Thanet.
Comes Cholmondeley.
Comes Findlater.
Comes Granville.
Comes Pomfret.
Comes Graham.
Comes Fitzwalter.
Comes Orford.
Comes Harrington.
Comes Bath.
Viscount Fauconberg.
Viscount Torrington.
Ds. Dudley.
Ds. Clifton.
Ds. Willoughby Par.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Indictments against the Three Peers read:

The House being informed, "That the Writ of Certiorari, issued for removing the Indictments of High Treason, found by the Grand Jury of the County of Surrey, against William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, were brought into the House:"

The said Writ and Indictments were read.

Report of Committee, relating to the Trials of the Three Lords, to be received.

The Lord Monson acquainted the House, "That the Committee appointed to inspect their Lordships Journals, upon former Trials of Peers in Capital Cases, and to consider of the proper Methods of proceeding in order to bring the Lords abovementioned to a speedy Trial, had agreed upon a Report; which they had directed him to make to the House, when their Lordships will please to receive the same."

Ordered, That the said Report be received Tomorrow; and the Lords to be summoned.

Insurance on Ships, &c. Bill.

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

With a Bill, intituled, "An Act to regulate Insurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Carmichael's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Daniel Carmichael of Mauldslie, or the succeeding Heirs of Entail, to sell Lands, in the Counties of Lanerk and Fise, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled."

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

Ld. President.
D. Argyll.
D. Portland.
M. Tweeddale.
E. Warwick.
E. Thanet.
E. Findlater.
E. Pomfret.
E. Graham.
E. Bath.
Viscount Fauconberg.
Viscount Torrington.
Ld. Bp. Landaff.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. Hereford.
L. Dudley.
L. Clifton.
L. Willoughby Par.
L. Berkeley.
L. Cornwallis.
L. Hervey.
L. Hay.
L. Monson.
L. Sandys.

Their Lordships, or any Five of them; to meet on Friday the 11th Day of July next, at the usual Time and Place; and to adjourn as they please.

Sinking Fund, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty-six; and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Receipts, Annuity Orders, or other Orders, lost, burnt, or otherwise destroyed."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, vicesimum septimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 27o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Asaphen.
Epus. Hereford.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Ds. Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Argyll.
Dux Newcastle.
Dux Portland.
March. Tweeddale.
Comes Pembroke.
Comes Warwick.
Comes Winchilsea.
Comes Thanet.
Comes Sandwich.
Comes Findlater.
Comes Granville.
Comes Tankerville.
Comes Halifax.
Comes Graham.
Comes Fitzwalter.
Comes Orford.
Comes Harrington.
Comes Bath.
Viscount Fauconberg.
Viscount Falmouth.
Ds. Delawarr.
Ds. Clinton.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Brooke.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.
Ds. Masham.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Report from Committee, of Methods of proceeding against E. Kilmarnock & al.

The Lord Monson (according to Order) reported from the Lords Committees appointed to inspect the Journals of this House, upon former Trials of Peers in Capital Cases, and to consider of the proper Methods of proceeding in order to bring William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason, to a speedy Trial: That the Committee have met, and inspected the Journals of this House, in relation to the Trials of Peers in Capital Cases; and were attended by the Lord Chief Justice of the Court of King's Bench, the Lord Chief Justice of the Court of Common Pleas; and the Lord Chief Baron of the Court of Exchequer; and having heard the said Judges upon the Construction of the Act of the Seventh and Eighth Year of King William the Third, intituled, "An Act for regulating Trials, in Cases of Treason and Misprision of Treason," and considered the Matter to them referred, have come to the following Resolutions; (videlicet,)

"1. That it is the Opinion of this Committee, That, by virtue of the said Act, upon the Trial of any Peer or Peeress, in any of the Cases of Treason or Misprision of Treason within that Act, all the Peers, who have a Right to sit and vote in Parliament, ought to be summoned, Twenty Days at least before every such Trial, to appear at such Trial.

"2. That it is the Opinion of this Committee, That such Summons ought to be by Order of this House, requiring that every Peer, who hath a Right to sit and vote in Parliament, do appear at and attend such Trial; and by Letters, to be wrote by the Lord Chancellor, or Speaker of the House for the Time being, to each particular Peer; and that such Order of the House be fixed upon the Doors of this House and of Westminster Hall, and also be published in The London Gazette, at least Twenty Days before such Trial; and that such Letters be sent at least Twenty Days before such Trial.

"3. That, it appearing to this Committee, that the ancient and usual Method of summoning the Lords to attend upon Trials of Peers, in Capital Cases, in Parliament, has been by sending the Letters of Summons, to such Lords as are not in Town, by the Post; it is the Opinion of the Committee, That the Letters to such Lords as are not in Town be sent by the Post, according to the ancient Usage.

"4. That it is the Opinion of this Committee, That the House be moved, To resolve and declare, That such Order so fixed up and published as above mentioned, and such Letters so sent as above mentioned, are a due Summons of the Peers, in Cases of Trials, during the Sitting of Parliament, within the true Intent and Meaning of the said Act of the Seventh and Eighth of King William the Third.

"5. That it is the Opinion of this Committee, That every Lord, before he shall sit or vote upon such Trial, ought to take the Oaths, and make and subscribe the Declaration, required by Law to be taken and subscribed by Lords, in order to their sitting and voting in Parliament.

"6. That it is the Opinion of this Committee, That, in the Letters to be wrote, pursuant to the Resolutions above mentioned, Notice be taken, that the Lords are summoned pursuant to the said Act of the Seventh and Eighth of King William the Third; and that their Attendance is required at such Trial, upon Pain of incurring the utmost Displeasure of the House; and that, in case the Lord to whom any such Letter is directed shall be incapable of attending, by reason of Sickness or other Disability, he do send Two Witnesses to attest the same upon Oath."

Then the said Report was read by the Clerk.

And the Three First Resolutions, being read a 2d Time, were severally agreed to by the House; and ordered accordingly.

And the 4th Resolution being read, the House was moved, pursuant to the Direction of the Committee.

And thereupon Resolved and Declared, That the Order for the Attendance of the Peers, who have a Right to sit and vote in Parliament, fixed up and published as above mentioned, and such Letters wrote by the Lord Chancellor and sent as aforesaid, are a due Summons of the Peers, in Cases of Trials, during the Sitting of Parliament, within the true Intent and Meaning of the said Act of the Seventh and Eighth of King William the Third.

Then the Two last Resolutions, being read a Second Time, were severally agreed to by the House; and ordered accordingly.

Earls of Kilmarnock and Cromertie, and L. Balmerino, Trials appointed:

Ordered, That William Earl of Kilmarnock be tried on Monday the 28th of July next, at Nine of the Clock in the Morning, upon the Bill of Indictment for High Treason found against him; and that George Earl of Cromertie be tried on the same Day, at Ten of the Clock in the Forenoon, upon the Bill of Indictment for High Treason found against him; and that Arthur Lord Balmerino be tried on the same Day, at Eleven of the Clock in the Forenoon, upon the Bill of Indictment for High Treason found against him.

Ordered, That the Trials of the said Peers be had in Westminster Hall.

Address for a Place of Trial to be prepared, and a Lord High Steward to be appointed:

Ordered, That an humble Address be presented to His Majesty, to acquaint His Majesty, "That this House hath appointed the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, to begin in Westminster Hall on Monday the 28th Day of July next; and humbly to desire, that His Majesty will be graciously pleased to give Orders, that a Place be prepared in the said Hall, for the said Trials; and also to appoint a Lord High Steward, to continue during the said Trials."

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

Every Peer, who has a Right to sit and vote, to attend:

Ordered, That every Peer, who has a Right to sit and vote in Parliament, do appear at and attend the said Trials; and that this Order be affixed on the Doors of this House and of Westminster Hall, and also be printed and published in The London Gazette, at least Twenty Days before the said Trials.

L. Chancellor to write to all the Peers.

Ordered, That the Lord Chancellor do write Letters to all the Peers, requiring their Appearance and Attendance at the said Trials, pursuant to the Directions contained in the foregoing Report.

Insurance on Ships, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to regulate Insurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon."

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

Message from H. C. to return Bennett's Bill.

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

To return the Bill, intituled, "An Act for Sale of divers Lands and Hereditaments, in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennet Esquire, in order to raise a Sum of Money in present for their Portions, as an Equivalent for their Reversionary Interest in the said Estates, expectant on the Death of their Father;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, tricesimum diem instantis Junii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 30o Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Grafton, Camerarius.
Dux Bedford.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Pembroke.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Cholmondeley.
Comes Findlater.
Comes Granville.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Orford.
Comes Bath.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.

PRAYERS.

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 Yesterday, for a Place to be prepared in Westminster Hall, for the Trials of the Peers indicted of High Treason, and for the Appointment of a Lord High Steward; and that His Majesty was pleased to say, He would give Orders accordingly."

Episcopal Ministers in Scotland to qualify themselves, Bill.

Ordered, That the House be now put into a Committee upon Bill, intituled, "An Act more effectually to prohibit and prevent Pastors and Ministers from officiating in Episcopal Meeting-houses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meetinghouses where such unqualified Pastors or Ministers shall officiate."

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 made a Progress in the Bill; and desire another Time might be appointed, for the Committee to proceed further therein."

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, primum diem Julii jam prox. sequent. hora undecima Auroræ, Dominis sic decernentibus.