House of Lords Journal Volume 27
February 1748, 21-28

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History of Parliament Trust

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1767-1830

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173-176

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'House of Lords Journal Volume 27: February 1748, 21-28', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 173-176. URL: http://british-history.ac.uk/report.aspx?compid=114271 Date accessed: 24 July 2014.


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February 1748, 21-28

DIE Lunæ, 22o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch. Cant.
Arch. Ebor.
Epus. Roffen.
Epus Wigorn.
Epus. Cicestriens.
Epus Landavens.
Epus Bath & Wells.
Epus. Lincoln.
Epus. Meneven.
Epus. Petriburg.
Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
March. Tweeddale.
March Rockingham.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury
Comes Morton.
Comes Moray.
Comes Home.
Comes Findlater.
Comes Aberdeen.
Comes Oxford.
Comes Halifax.
Comes Harborough.
Comes Graham.
Comes Fitzwilliam.
Viscount Lonsdale.
Viscount Townshend.
Ds. Willoughby Par.
Ds. Maynard.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hay.
Ds. Ducie.
Ds. Montfort.
Ds. Edgecumbe.
Ds. Sandys
Ds. Ravensworth.
Ds. Feversham.

PRAYERS.

Address for a State of the National Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the National Debt, provided or unprovided for by Parliament, as it stood on the 31st of December 1746, and 31st of December 1747, together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 25th of December 1716, the said Fund hath been applied"

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

E Gower and L Trentham, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Earl Gower and Lord Viscount Trentham his Son had Hen Apparent, 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 est lecta est Billa, intituled, "An Act for empowering Granville Leveson Gower, commonly called Lord Trentham, to raise Portions for Younger Children, and also to explain and amend certain Powers for making Jointures, in the Settlement made on his Marriage with Elizabeth his late Wife."

Byng, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Elizabeth Byng Widow, on Behalf of herself and her Infant Children, 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 settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees, to be sold, and for applying the Money arising by such Sale for the Purposes therein mentioned"

Gore & al Petition for a Bill to sell the Estate of Sir Orlando Humfreys, referred to Judges.

Upon reading the Petition of Charles Gore of Tring in the County of Hertford Esquire, and Ellen Wintour his Wife, and Mary Honywood Widow, which said Ellen Wintour Gore and Mary Honywood are the Daughters and Devisees named in the last Will and Testament of Sir Orlando Humfreys late of Jenkins in the County of Essex Baronet, deceased, and also of George Baker and James Walmesley, Devisees also named in the said last Will and Testament of the said Sir Orland Humfreys; praying Leave to bring in a Bill, for Sale of several Estates comprized in the Settlement and Will of Sir Orlando Humfreys, in the Petition mentioned, and the Money thereby arising, after Payment of One Thousand Pounds and Interest to the Petitioner Mary Honywood, to be vested in the Purchase of other Estates, and settled to such of the Uses limited by the said Will as are yet subsisting.

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of King's Bench and the Lord Chief Baron of the Court of Exchequer; with the usual Directions, according to the Standing Order.

Weddell's Petition referred to Judges.

Upon reading the Petition of Richard Weddell, lately called Richard Elcock, Esquire; praying Leave to bring in a Bill, for empowering the Petitioner to take upon him the Surname of Weddell only, and to bear the Arms of Thomas Weddell of Eastwick in the County of York Esquire, deceased, in Pursuance of his Will, and that the same may be confirmed to him and his Issue, and to empower the Petitioner, and other Persons in Remainder after his Death, to make Leases of the Estates therein mentioned:

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. Baron Clarke; with the usual Directions, according to the Standing Order.

Treason in The Highlands of Scotland, Punishment of, &c Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the more effectual Tital and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing in certain Criminal Prosecutions, and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and then Substitutes, and for other Purposes therein mentioned"

Ordered, That the said Bill be committed to a Committee of the whole House, on Thursday next, and the Lords to be summoned.

Assurence on French Ships, &c to prohibit, Bill.

Hodie 2a vice lecta est Billa intituled, "An Act to prohibit Assurance on Ships belonging to France, and on Merchandizes or Effects laden thereon, during the present War with France."

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

Adjourn.

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

DIE Jovis, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch Ebor.
Epus Norwic.
Epus. Cicestriens
Epus. Landavens
Epus Bath & Wells.
Epus Lincoln.
Epus. Asaphen.
Epus Meneven.
Epus Hereford
Epus. Petriburg.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Devon, Senescallus.
Dux Bedford.
Dux Gordon.
Dux Argyll.
March Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Warwick.
Comes Litchfield.
Comes Berkeley
Comes Rochford
Comes Cholmondeley.
Comes Rothes.
Comes Morton.
Comes Moray.
Comes Home
Comes Lauderdale.
Comes Loudoun.
Comes Findlater
Comes Leven
Comes Aberdeen.
Comes Halifax.
Comes Cowper.
Comes Graham.
Comes Ker.
Comes Fitzwalter.
Comes Effingham.
Comes Bath.
Comes Brooke.
Comes Fitzwilliam.
Viscount Townshend.
Ds Delawarr
Ds Dudley
Ds Willoughby Par.
Ds North
Ds Strange.
Ds Cornwallis.
Ds Romney.
Ds Cadogan.
Ds Monson
Ds Raymond.
Ds Sandys.
Ds. Feversham.

PRAYERS.

Lords take the Oaths.

Augustus Earl of Berkeley, William Earl Cowper, and Ferdinando Lord Dudley, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The King's Answer to Address for State of the National Debt.

The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Monday last, for a State of the National Debt, and that His Majesty was pleased to say, He would give Orders accordingly."

E Gower and L Trentham's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Granville Leveson Gower, commonly called Lord Trentham, to raise Portions for Younger Children, and also to explain and amend certain Powers for making Jointures, in the Settlement made on his Marriage with Elizabeth his late Wife"

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

L. President.
L Steward
D Bedford.
D Gordon.
D Argyll.
M. Rockingham.
E. Pembroke
E Lincoln.
E Warwick.
E Litchfield.
E Rochford
E Cholmondeley.
E Moray
E Findlater.
E Halifax.
E Cowper
E. Ker
E Bath.
E. Brooke.
E. Fitzwilliam
Viscount Townshend.
L. Abp Cant.
L Abp York.
L Bp. Norwich.
L. Bp. Landeff.
L Bp Hereford.
L. Bp Peterborough.
L. Delawarr.
L Dudley.
L. Willoughby Par.
L. North
L Strange
L Cornwallis.
L. Romney
L Cadogar.
L Monson.
L. Raymond.
L. Sandys
L Feversham.

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

Byng's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting the settled Estate late of the Honourable Robert Byng Esquire, deceased, and Elizabeth his Wife, in the County of Hertford, in Trustees; to be sold; and for applying the Money arising by such Sale for the Purposes therein mentioned."

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.

Lingen to take the Name of Barton, Leave for a Bill.

Upon reading the Petition of Robert Burton Esquire, lately called Robert Lingen, praying Leave to bring in a Bill, for establishing and confirming in and upon him and his Issue Male the Surname of Burton only, pursuant to the Will of Thomas Burton, late of Longer in the County of Salop Esquire, deceased.

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

E Brooke's Bill.

The House being moved, "That the Standing Order, in relation to Bills for selling Lands in One Place, and buying Lands in another, may be so far dispensed with, as that the Committee to whom the Bill, intituled, "An Act for vesting the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold, and for living our the Money arising thereby in the Purchase of other Hereditaments, of equal or greater Value, to be settled in Lieu thereof, and for other Purposes therein mentioned," stands committed, may proceed on the said Bill, notwithstanding there is not yet my Agreement made for the Purchase of other Lands, in which the Money that may arise from the said Sale may be invested"

Ordered, That the said Motion be taken into Consideration To-morrow, and the Lords to be summoned.

Treason in The Highland of Scotland, &c Punishment 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 effectual Trial and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing, in certain Criminal Prosecutions, and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and their Substitutes, and for other Purposes therein mentioned."

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 would be ready to report, when the House will please to receive the same"

Ordered, That the said Report be received Tomorrow.

Assurance on French Ships, &c to prohibit, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to prohibit Assurance on Ships belonging to France, and on Merchandizes or Effects laden thereon, during the present War with France"

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"

Address for a State of the Navy Debt.

Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to order the proper Officer to lay before this House, a State of the Navy Debt, as it stood at Christmas last."

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

Adjourn.

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

DIE Veneris, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Bath & Wells.
Epus Lincoln
Epus. Exon
Epus. Petriburg
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Comes Pembroke
Comes Northampton
Comes Warwick
Comes Morton
Comes Findlater
Comes Leven
Comes Harborough.
Comes Brooke
Viscount Lonsdale.
Ds. Dudley.
Ds. Raymond.
Ds. Sandys.
Ds. Feversham.

PRAYERS.

Badbury Common, enclosing, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to confirm and establish an Agreement, for enclosing and dividing certain Common Fields, in the Hamlet of Badbury, in the County of Wilts," 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."

E Brooke's Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, 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 the settled Estate of the Right Honourable Francis Earl Brooke, in the County of Southampton, in Trustees, to be sold; and for laying out the Money arising thereby in the Purchase of other Hereditaments of equal or greater Value, to be settled in Lieu thereof, and for other Purposes therein mentioned," 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 dispensed with, in this Case, as desired.

Assurance on Frence Ships, &c to prohibit, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to prohibit Assurance on Ships belonging to France, and on Merchandizes or Effects laden thereon, during the present War with France."

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. Elde and Mr. Thurston

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

Treason in The Highlands of Scotland, &c Punishment of, 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 more effectual Trial and Punishment of High Treason and Misprision of High Treason, in The Highlands of Scotland, and for abrogating the Practice of taking down the Evidence in Writing, in certain Criminal Prosecutions, and for making some further Regulations relating to Sheriffs Depute and Stewards Depute, and then Substitutes, and for other Purposes therein mentioned," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were agreed to by the House.

And an Amendment was made, by their Lordships, to the Bill.

Ordered, That the same, with the Amendments, be engrossed.

Lingen to take the Name of Burton, Bill.

The Earl of Warwick, pursuant to the Order of this House Yesterday, presented a Bill, intituled, "An Act to enable Robert Burton, lately called Robert Lingen, and the Heirs Male of his Body, to take and use the Surname of Burton only, pursuant to the Will of Thomas Burton Esquire, deceased.

And the same was read the First Time.

Adjourn.

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