House of Lords Journal Volume 26
February 1745, 21-28

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History of Parliament Trust

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1767-1830

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441-445

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'House of Lords Journal Volume 26: February 1745, 21-28', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 441-445. URL: http://www.british-history.ac.uk/report.aspx?compid=114205 Date accessed: 21 October 2014.


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February 1745, 21-28

DIE Jovis, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Devon, Senescallus.
Dux Newcastle.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Berks.
Comes Carlisle.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Home.
Comes Oxford.
Comes Strafford.
Comes Rockingham.
Comes Aylesford.
Comes Halifax.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Viscount St. John.
Ds. Willoughby Par.
Ds. Strange.
Ds. Cornwallis.
Ds. Weston.
Ds. Conway.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Marshall & al. against Vaughan & al.

A Petition of Hugh Marshall and others, was presented, and read; setting forth, "That his Appeal, to which John Vaughan and others are Respondents, stands for an Hearing To-morrow; and that the Petitioners have received a Letter from Ireland, with the Affidavit annexed, testifying that the said John Vaughan is lately dead; but it is not yet known who is to be his Representative;" and praying, "That the said Hearing may be adjourned to such Time as to the House shall seem meet."

And thereupon the Petitioner's Agent was called in, and heard at the Bar.

And being withdrawn:

Ordered, That the said Petition do lie on the Table.

Duties on Salt, &c. Bill.

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

With a Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Six Years; and for declaring that the Duties on Salt, which arise and are payable in that Part of Great Britain called Scotland, shall be subject to the same Charges thereon as the same Duties were liable to by the Act of the Fifth Year of the Reign of His late Majesty King George the First;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Mathew's Divorce, Bill.

The Earl of Warwick presented to the House, pursuant to their Lordships Order of the 5th Instant, a Bill, intituled, "An Act to dissolve the Marriage of Daniel Mathew Esquire with Penelope Smith his now Wife; and to enable him to marry again; and for other Purposes therein mentioned."

And the same was read the First Time.

Ordered, That the said Bill be read a Second Time on Tuesday the 5th Day of March next; and that Notice thereof be affixed on the Doors of this House, and the Lords to be summoned; and that the said Daniel Mathew may be heard, by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Penelope may have a Copy of the said Bill, and Notice be given her of the said Second Reading; and that she be at Liberty to be heard, by her Counsel, what she may have to offer against the said Bill, at that Time.

Respondents to E. of Cassillis's Appeal, peremptorily to answer.

The House was informed, "That Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton, Dunbar Earl of Selkirk, Mary Hamilton his Sister, and John Hamilton Writer to the Signet, have not put in their Answer to the amended Appeal of John Earl of Cassillis and his Countess, though duly served with the Order of this House for that Purpose."

And thereupon an Affidavit of James Boyd Writer in Edinburgh, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Robinson's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Estates late of William Robinson Esquire and Dame Dorothy Jeffries, in Wales and Shropshire, for Payment of their respective Debts and Encumbrances."

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

Ld. Privy Seal.
D. Newcastle.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Berks.
E. Shaftesbury.
E. Coventry.
E. Jersey.
E. Oxford.
E. Strafford.
E. Rockingham.
E. Aylesford.
E. Halifax.
E. Harborough.
E. Fitzwalter.
E. Malton.
Vis. St. John.
L. B. Gloucester.
L. B. Norwich.
L. Bp. Bath & Wells.
L. B. Bangor.
L. B. St. Asaph.
L. B. St. Davids.
Ld. Willoughby Par.
L. Strange.
L. Cornwallis.
L. Weston.
L. Conway.
L. Hervey.
L. Foley.
L. Bathurst.
L. Romney.
L. Ducie.
L. Raymond.
L. Sandys.
L. Herbert.

Their Lordships, or any Five of them; to meet on Friday the 8th Day of March next, at the usual Time and Place, and to adjourn as they please.

E. Cholmondeley and Vis. Torrington's Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to enable George Earl Cholmondeley and Pattee Viscount Torrington 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."

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

It was Resolved in the Affirmative.

Beauchamp to take the Name of Proctor, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming to William Beauchamp Esquire and his Heirs the Surname of Proctor, according to the Direction of the last Will and Testament of George Proctor Esquire, deceased."

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. Mountagu:

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

Morin's Nat. Bill.

The Earl of Warwick presented to the House, pursuant to their Lordships Order of the 8th Instant, a Bill, intituled, "An Act for naturalizing Anthony Benjamin Morin."

And the same was read the First Time.

The said Anthony Benjamin Morin took the Oaths appointed, in order to his Naturalization.

Gould & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Gould Esquire 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 empowering Edward Gould and William Gould Esquires to make Jointures, upon their respective Marriages, out of the Estate devised to them by the Will of Sir Edward Gould Knight, deceased."

Wright & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Robert Wright Clerk and Catherine his Wife; 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 an undivided Moiety of certain Lands in the County of Wilts, comprized in the Marriage Settlement of Robert Wright Clerk, in Trustees, to sell the same, for raising Money, to purchase an entire Farm in the County of Suffolk, to be settled to the Uses of the same Settlement."

Adjourn.

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

DIE Lunæ, 25o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Glocestriens.
Epus. Wigorn.
Epus. Norwic.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Berks.
Comes Carlisle.
Comes Shaftesbury.
Comes Poulet.
Comes Oxford.
Comes Aylesford.
Comes Harborough.
Comes Fitzwalter.
Ds. Willoughby Par.
Ds. Strange.
Ds. Ward.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Ducie.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Duties on Salt, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Six Years; and for declaring that the Duties on Salt, which arise and are payable in that Part of Great Britain called Scotland, shall be subject to the same Charges thereon as the same Duties were liable to by the Act of the Fifth Year of the Reign of His late Majesty King George the First."

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Dorothy Penton took the Oaths appointed, in order to her Naturalization.

Mrs Penton's Nat. &c. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Dorothy Penton, Wife of Henry Penton Esquire; and for qualifying and enabling her to hold and enjoy a Rent Charge limited to her upon her Marriage, in the Name of her Jointure."

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

Ld. President.
D. Newcastle.
March. Tweeddale.
E. Northampton.
E. Berks.
E. Carlisle.
E. Shaftesbury.
E. Poulet.
E. Oxford.
E. Aylesford.
E. Harborough.
E. Fitzwalter.
L. Bp. Gloucester.
L. B. Worcester.
L. B. Norwich.
L. B. Bath & Wells.
L. B. Bangor.
L. B. Lincoln.
L. B. St. Davids.
Ld. Willoughby Par.
L. Strange.
L. Ward.
L. Cornwallis.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Fitzwilliam.
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.

Morin's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Anthony Benjamin Morin."

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.

Parry & Ux. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of William Parry of the Town of Monmouth Esquire and Elizabeth his Wife; 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 vest the settled and unsettled Estates of William Parry Esquire in Trust, to be sold; and to purchase another Estate, of equal Value with the settled Estate, to the same Uses as the settled Estate was limited to, and to discharge Encumbrances; and for other Purposes therein mentioned."

Bassett, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Bassett Esquire; 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 empowering Trustees to secure and dispose of certain Effects, mentioned in the Will of Nicholas Hooper Esquire, deceased, for the Benefit of the Children of John Bassett Esquire, to whom they are bequeathed."

Sir C. Gresham & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Charles Gresham Baronet 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 Estate of Sir Marmaduke Gresham Baronet, deceased, in Trustees, to be sold, for Payment of his Debts, and a Legacy of Three Thousand Pounds affecting the same."

Myddelton & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of John Myddleton, of Chirk-Castle, in the County of Denbigh, Esquire, 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 raising Money, out of the Estate entailed by the Will of Sir William Myddleton, Baronet, for purchasing an Estate lying near Chirk-Castle, in the County of Denbigh, to be settled to the Uses of the same Will."

Sir P Boteler, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Philip (fn. 1) Boteler Baronet; 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 certain Lands and Hereditaments, Part of the settled Estate of Sir Philip Boteler Baronet, in the several Counties of Bedford and Kent, in the said Sir Philip Boteler and his Heirs; and for settling other Estates, in the several Counties of Kent and Hereford, of greater Value, to the like Uses, in Lieu thereof."

Gould's Bill:

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Edward Gould and William Gould Esquires to make Jointures, upon their respective Marriages, out of the Estate devised to them by the Will of Sir Edward Gould Knight, deceased."

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 the 12th Day of March next, at the usual Time and Place; and to adjourn as they please.

Wright's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting an undivided Moiety of certain Lands in the County of Wilts, comprized in the Marriage Settlement of Robert Wright Clerk, in Trustees, to sell the same, for raising Money, to purchase an entire Farm in the County of Suffolk, to be settled to the Uses of the same Settlement."

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 et in diem Martis, vicesimum sextum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. (fn. 2) Roffens.
Epus. Norwic.
Epus. Bangor.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
Dux Marlborough.
Comes Pembroke.
Comes Northampton.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Poulet.
Comes Aylesford.
Comes Graham.
Ds. Willoughby Par.
Ds. North.
Ds. Ward.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Monson.
Ds. Raymond.
Ds. Ilchester.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Moore against Lynch & Ux.

The joint and several Answer of Henry Lynch Esquire, commonly called Sir Henry Lynch Baronet, and Dame Mary his Wife, to the Appeal of Garret Moore Esquire, was brought in.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Garret Moore Esquire is Appellant, and Henry Lynch Esquire, commonly called Sir Henry Lynch Baronet, and others, are Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 20th Day of March next.

Smith to be heard, by Counsel, touching Mathew's Divorce Bill.

Upon reading the Petition of Daniel Smith Esquire; setting forth, "That he is the Paternal Uncle and lawful presumptive Heir Apparent of Penelope the now Wife of Daniel Mathew Esquire, who has a Bill now depending in this House, for dissolving his Marriage; which Penelope never had any Child by her said Husband; and is entitled to a considerable Estate of Inheritance in His Majesty's Leeward Caribbee Islands in America;" and praying, "In regard he is advised that some Doubts may arise, in respect to the Manner the Bill is now worded, that may affect the Interest of the Petitioner and his Family; that he may be heard, by his Counsel, touching the said Bill; and that the same may not pass into a Law, without such Provisions for the Security of the Interest of the Petitioner and his Family as to this House shall seem reasonable:"

It is Ordered, That the Petitioner may be heard, as desired, at the Second Reading of the said Bill.

Mrs. Penton's Nat. Bill, &c.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Dorothy Penton, Wife of Henry Penton Esquire; and for qualifying and enabling her to hold and enjoy a Rent-charge, limited to her upon her Marriage, in the Name of her Jointure," 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.

Morin's Nat. Bill.

His Lordship made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Anthony Benjamin Morin," was committed.

And the same Order was made.

Myddelton's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for raising Money, out of the Estate entailed by the Will of Sir William Myddleton Baronet, for purchasing an Estate lying near Chirk-Castle, in the County of Denbigh, to be settled to the Uses of the same Will."

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

L. Steward.
D. Marlborough.
E. Pembroke.
E. Northampton.
E. Aylesbury.
E. Shaftesbury.
E. Coventry.
E. Poulet.
E. Aylesford.
E. Graham.
L. Bp. Rochester.
L. Bp. Norwich.
L. Bp. Bangor.
L. Bp. St. Davids.
L. Willoughby Par.
L. North.
L. Ward.
L. Cornwallis.
L. Foley.
L. Bathurst.
L. Onslow.
L. Romney.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet on Wednesday the 13th Day of March next, at the usual Time and Place; and to adjourn as they please.

Bassett's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for empowering Trustees to secure and dispose of certain Effects, mentioned in the Will of Nicholas Hooper Esquire, deceased, for the Benefit of the Children of John Bassett Esquire, to whom they are bequeathed."

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.

Sir Charles Gresham's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting Part of the Estate of Sir Marmaduke Gresham Baronet, deceased, in Trustees, to be sold, for Payment of his Debts, and a Legacy of Three Thousand Pounds, affecting the same."

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.

Parry's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to vest the settled and unsettled Estate of William Parry Esquire in Trust, to be sold; and to purchase another Estate, of equal Value with the settled Estate, to the same Uses as the settled Estate was limited to, and to discharge Encumbrances; and for other Purposes therein mentioned.

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.

Sir Philip Boteler's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting certain Lands and Hereditaments, Part of the settled Estate of Sir Philip Boteler Baronet, in the several Counties of Bedford and Kent, in the said Sir Philip Boteler and his Heirs; and for settling other Estates, in the several Counties of Kent and Hereford, of greater Value, to the like Uses, in Lieu thereof."

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.

Fincham Rectory and Vicarage, uniting, Bill;

A Message was brought from the House of Commons, by Sir John Turner and others:

With a Bill, intituled, "An Act for uniting the Vicarage of Fincham Saint Martin's to the Rectory of Fincham Saint Michael's, in the County of Norfolk; and for settling the Right of Presentation to the same;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

The King's Consent to it.

The Lord Chancellor acquainted the House, "That His Majesty, having been informed of the Contents of the said Bill, had no Objection to their Lordships proceeding thereon as they should think fit."

Boroughbridge to Durham Road, Bill

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

With a Bill, intituled, "An Act for repairing the High Road leading from Borough Bridge, in the County of York, through North-Allerton, in the same County, to Croft Bridge, on the River Tees, and from thence through Darlington, in the County of Durham, to the City of Durham;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Duties on Salt, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting and continuing the Duties upon Salt, and upon Red and White Herrings, for the further Term of Six Years; and for declaring, that the Duties on Salt, which arise and are payable in that Part of Great Britain called Scotland, shall be subject to the same Charges thereon as the same Duties were liable to by the Act of the Fifth Year of the Reign of His late Majesty King George the First."

After some Time, the House was resumed.

And the Lord Willoughby of Parham 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, primum diem Martii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Origin. Botleler.
2 Bis in Originali.