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.