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

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History of Parliament Trust

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1767-1830

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606-610

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'House of Lords Journal Volume 26: July 1746, 11-20', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 606-610. URL: http://british-history.ac.uk/report.aspx?compid=114242 Date accessed: 26 October 2014.


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July 1746, 11-20

DIE Veneris, 11o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens. Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Argyll.
Dux Newcastle.
Comes Suffolk.
Comes Warwick.
Comes Peterborow.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Scarbrough.
Comes Cholmondeley.
Comes Sutherland.
Comes Findlater.
Comes Stair.
Comes Tankerville.
Comes Graham.
Comes Orford.
Comes Harrington.
Comes Bath.
Comes Brooke.
Viscount Falmouth.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Hervey.
Ds. Hay.
Ds. Monson.
Ds. Montfort.
Ds. Edgecumbe.

PRAYERS.

E Brooke introduced:

Francis Lord Brooke, being, by Letters Patent, bearing Date the 7th of July, in the 20th Year of the Reign of His present Majesty, created Earl Brooke, was (in his Robes) introduced, between the Earl of Sandwich and the Earl of Scarbrough (also in their Robes); the Deputy Gentleman Usher of the Black Rod and Garter King at Arms preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To our Right Trusty and Right Well-beloved Cousin Francis Earl Brooke, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

Witness Ourself, at Westminster, the Seventh Day of July, in the Twentieth Year of Our Reign.

"Bisse."

Then the said Earl, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench.

E. Gower introduced:

John Lord Gower, Lord Privy Seal, being, by Letters Patent, bearing Date the 8th of July, in the 20th Year of the Reign of His present Majesty, created Earl Gower, was (in his Robes) introduced, between the Earl of Chesterfield and the Earl of Thanet (also in their Robes); and preceded as before mentioned.

The said Earl, on his Knee, presented his Patent to the Lord Chancellor, at the Woolsack; who delivered it to the Clerk; and the same was read, at the Table.

His Writ of Summons was also read, as follows; (videlicet,)

His Writ of Summons.

"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well-beloved Cousin and Counsellor John Earl Gower, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, and the State and Defence of Our Kingdom of Great Britain and of the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself, at Westminster, the Eighth Day of July, in the Twentieth Year of Our Reign.

"Bisse."

Then his Lordships, having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Earls Bench; and afterwards on the upper End of the same Bench, as Lord Privy Seal.

Report Committee, of Rules, &c. for the Trials of the Peers.

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 what is further proper to be done, in order to the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted for High Treason: "That the Committee have inspected Precedents accordingly; and offer the Rules and Methods following to the Consideration of the House; (videlicet,)

"That an humble Address be presented to His Majesty, That He will be pleased to give Order, that such Guards do attend, during the said Trials, as hath been usual in Cases of Trials.

"That, on the Day appointed for the said Trials, the whole Body of the House of Peers meet here, in their Robes, at Nine of the Clock in the Morning; and that their Lordships do go down into Westminster Hall, in their Robes, in order to the said Trials.

"That the same Order be observed in going down into Westminster Hall, as was on going thither on the 24th Day of June 1717, to the Trial of the Earl of Oxford; and that minor Peers do walk, in the Procession, immediately after the Peers Eldest Sons.

"That the Lord High Steward be directed to acquaint the Lords to be tried, and all other Persons who may have Occasion to speak to the Court, that they address themselves to the Lords in general, and not to the Lord High Steward.

"That every Peer, when he gives his Judgement, shall declare his Opinion, Guilty, or Not Guilty, upon his Honour, laying his Right Hand upon his Breast.

"That the Clerk of the Crown in His Majesty's Court of King's Bench, or his Deputy, do attend, to assist the Clerks attending the House during the said Trials.

"That the Lord Great Chamberlain be desired to take Care, and give Order, that the Two First Benches on each Side the Court in Westminster Hall be kept for Peeresses and their Daughters only.

"That all the Lords of this House, who have personally appeared in this Session, or shall personally appear in this House before the Trials of the said Lords, shall have Six Tickets each delivered to him or them, by the Lord Great Chamberlain's Servants, if he or they personally come for them to the Prince's Lodgings near the House of Peers; and if any Lord desires Tickets for another Lord, they are to be delivered, if Two Lords do say, such Lord, they believe, will personally appear before the said Trials.

"That His Majesty's Surveyor General do prepare Seats in Westminster Hall, at the said Trials, for One Thousand and Seventy Persons, who may have Tickets from the Lords.

"That no Person whatsoever shall be admitted to be present in the Court, at the said Trials, but those who have a Right to be there and that the Lord Great Chamberlain do give Order, and the Officers of the House do take special Care, that this Order be observed accordingly.

"That, during the said Trials; the Avenues to this House be guarded; and Care taken, that none be admitted but Lords Servants, and the necessary Attendants of this House.

"That the High Steward of Westminster, his Deputy or Deputies, Constables, and other Officers, do take special Care, and give strict Orders, that no Carts or Drays be suffered to pass to and for, within the Streets between Charing Cross and The Old Palace Yard, Westminster, between the Hours of Six of the Clock in the Morning and Nine of the Clock at Night, during the said Trials; and hereof special Care is to be taken, as the contrary will be answered to this House."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

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

Naval Stores imported in Neutral Ships, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to allow the Purchase, for His Majesty's Use, of Naval Stores brought into this Kingdom on Board Neutral Ships, by any of His Majesty's Ships; and to allow such Stores to be landed and entered, during the Continuance of the present Wars with France and Spain, or either of them."

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 it.

A Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Offenders against the Laws of Customs and Excise, to punish, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for Relief of Officers of the Customs in Informations upon Seizures."

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 made some Amendments thereunto; which he was directed to report, when the House will please to receive the same."

Ordered, That the said Report be received on Tuesday next.

Witnesses to attend on the Coal Bill.

Ordered, That John Bladwell, Henry Aldwin, Thomas Allen, Stephen Lebass Esquire, Gabriel Fouace, and Anthony Boots, to attend this House on Tuesday next, as Witnesses upon the Bill, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles's in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex."

Adjourn.

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

DIE Martis, 15o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Bangor.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Dux Bedford.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Warwick.
Comes Winchilsea.
Comes Sutherland.
Comes Findlater.
Comes Stanhope.
Comes Harrington.
Comes Bath.
Viscount Falmouth.
Ds. Willoughby Par.
Ds. Strange.
Ds. Hervey.
Ds. Foley.

PRAYERS.

D. Bedford takes the Oaths.

John Duke of Bedford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; his Grace having first delivered a Certificate of his receiving the Sacrament, to the Truth whereof Witnesses were sworn and examined.

E. Cromertie to have Copies of Proceedings against him.

Upon reading the Petition of George Earl of Cromertie, now a Prisoner in The Tower; setting forth, "That he is informed, several Resolutions have been agreed to by this House, in order to the speedy Trials of the Petitioners and others;" and praying, "That he may have Copies thereof; the Indictment found against him; the Certiorari for removing the same, and the Return thereon; or any other Proceedings that shall be agreed upon in relation to his Trial:"

It is Ordered, That the Petitioner may have Copies of such Proceedings as have been had in this House concerning him, together with a Copy of the said Indictment, Certiorari, and Return, as desired.

The King's Answer to the Address for Guards.

Report was made to the House, "That the Lords with White Staves had (according to Order) presented to His Majesty their Lordships Address of Friday last, for the Attendance of Guards, during the Trials of the Lords lately indicted for High Treason; and that His Majesty was pleased to say, He will give Directions accordingly."

Report Committee about Tickets at the Trials of the Peers.

The Earl of Warwick reported from the Lords Committees appointed to inspect the Journals of this House, upon former Trials of Peers, in Capital Cases; and to consider what is further proper to be done, in order to the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted for High Treason; "That it is the Opinion of the said Committee, That the Lord Great Chamberlain be directed to prepare One Thousand and Seventy Tickets, for the Lords, at the said Trials, and no more without further Order."

Which Report, being read by the Clerk, was agreed to by the House; and ordered accordingly.

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

Hodie 3a vice lecta est Billa, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for Charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses."

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. Spicer and Mr. Edwards:

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

Offenders against the Laws of Customs and Excise, to punish, Bill:

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures," was committed, the Amendments made by the Committee to the said Bill.

Which were read Twice by the Clerk, and agreed to by the House.

Then the said Bill being read the Third Time:

The Question was put, "Whether the same, 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 the former Messengers:

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

Coals, Admeasurement, &c. Bill.

The other Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles's in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex."

Several Persons were called in, and sworn, in order to give Evidence before the said Committee.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had heard Counsel, and examined Witnesses, in relation to the said Bill; and had made a Progress 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 et in diem Mercurii, decimum sextum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 16o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Ds. Hardwicke, Cancellarious.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
March. Tweeddale.
Comes Lincoln.
Comes Warwick.
Comes Winchilsea.
Comes Findlater.
Comes Graham.
Comes Orford.
Comes Bath.
Ds. Willoughby Par.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.

PRAYERS.

Lords take the Oaths, in order to sit on the Trials of the Three Peers.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmemerino, lately indicted of High Treason; (videlicet,)

Archibald Duke of Argyll.

Peregrine Duke of Ancaster & Kesteven, Lord Great Chamberlain of England.

John Marquis of Tweeddale.

Henry Earl of Lincoln.

Edward Earl of Warwick and Holland.

Daniel Earl of Winchilsea and Nottingham.

William Earl Graham.

Robert Earl of Orford.

William Earl of Bath.

John Lord Bishop of Landaff.

Matthew Lord Bishop of Bangor.

Hugh Lord Willoughby of Parham.

Thomas Lord Foley.

Carmichael's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, 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," was committed: "That the Committee had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, except one George Carmichael, Brother of the said Daniel Carmichael, who went to The East Indies divers Years ago, and has not been heard of these Five Years; 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.

Admeasurement of Coals, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again on the Bill, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles's in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex."

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."

Adjourn.

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

DIE Veneris, 18o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens.
Epus. Bangor.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Comes Scarbrough.
Comes Warrington.
Comes Poulet.
Comes Cholmondeley.
Comes Findlater.
Comes Waldegrave.
Ds. Dudley.
Ds. Strange.
Ds. Cadogan.
Ds. Foley.
Ds. Bathurst.
Ds. Raymond.

PRAYERS.

Carmichael's Bill:

Hodie 3a 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."

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. Spicer and Mr. Edwards:

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

Admeasurement of Coals, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles's in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex."

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 it.

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

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Lords take the Oaths, in order to fit on the Trials of the Three Peers.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, in order to their sitting on the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason; (videlicet,)

Thomas Earl of Scarbrough.

George Earl of Warrington.

John Earl Poulet.

George Earl of Cholmondeley.

James Earl of Findlater.

James Earl of Waldegrave.

Samuel Lord Bishop of St. Asaph.

Ferdinando Lord Dudley.

James Lord Strange.

Charles Lord Cadogan.

Robert Lord Raymond.

John Lord Chedworth.

Petition against the E. of Anglesey, for Waiver of Privilege.

Whereas Monday next is appointed, for the Lords Committees for Privileges, to whom is referred the Petition of Constantine Phipps Esquire; praying, "That Richard Earl of Anglesey may not be permitted to insist on his Privilege, in a Suit between the Petitioner and the said Earl; as also his Lordship's Answer put in to the said Petition:"

Ordered, That the said Committee do meet, and take into Consideration the Matter to them referred, on Tuesday next.

Adjourn.

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