House of Lords Journal Volume 26
November 1745, 21-30

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History of Parliament Trust

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1767-1830

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519-522

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'House of Lords Journal Volume 26: November 1745, 21-30', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 519-522. URL: http://www.british-history.ac.uk/report.aspx?compid=114219 Date accessed: 26 November 2014.


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November 1745, 21-30

DIE Jovis, 21o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Wigorn.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Warwick.
Comes Suffolk.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Oxford.
Comes Graham.
Viscount Fauconberg.
Viscount Torrington.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Land Tax Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-six."

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

Malt Bill.

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

With a Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-six;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Veneris, 22o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Warwick.
Comes Carlisle.
Comes Shaftesbury.
Comes Offord.
Ds. Willoughby Par.
Ds. Hervey.

PRAYERS.

Princess of Wales's Answer to Congratulation.

The Earl of Orford reported to the House, "That he and the Lord Hobart had (pursuant to their Lordships Order of the 28th of October last) waited on her Royal Highness the Princess of Wales, to congratulate her on the joyful Occasion of her Royal Highness's happy Delivery of a Prince; and that her Royal Highness was pleased to say, She thanked this House, for this Mark of their Regard towards her."

Malt Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Fortysix."

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

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-six."

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 Lunæ, vicesimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 25o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
March. Lothian.
Comes Pembroke.
Comes Warwick.
Comes Suffolk.
Comes Carlisle.
Comes Shaftesbury.
Comes Litchfield.
Comes Oxford.
Comes Offord.
Comes Bath.
Ds. Delawarr.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Hervey.
Ds. Bathurst.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-six."

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. Sawyer and Mr. Montague:

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

Malt Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-six."

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."

Alie to take the Name of Leman, Leave for a Bill:

Upon reading the Petition of Richard Leman Esquire, formerly called Richard Alie; praying Leave to bring in a Bill, to enable him and his Issue Male to take and use the Surname of Leman, pursuant to the Will of Sir William Leman, late of Northaw, in the County of Hertford, Baronet, deceased:

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

Bill read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to enable Richard Leman Esquire, formerly called Richard Alie, and the Heirs Male of his Body, to take and use the Surname of Leman, pursuant to the Will of Sir William Leman Baronet, deceased."

And the same was read the First Time.

Benson & al. against Capt. Vernon.

After hearing Counsel in Part, upon the Petition and Appeal of William Benson Esquire, One of the Auditors of the Imprest in His Majesty's Exchequer in England, and Stephen Whatley Gentleman; complaining of an Order and other Proceedings of the Court of Exchequer in Ireland, to which Captain John Vernon is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Adjourn.

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

DIE Martis, 26o Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Warwick.
Comes Winchilsea.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Offord.
Comes Bath.
Viscount Fauconberg.
Ds. Willoughby Par.
Ds. Hervey.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Malt Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-six."

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 Mr. Bennett and Mr. Elde:

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

Alie, to take the Name of Leman, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Richard Leman Esquire, formerly called Richard Alie, and the Heirs Male of his Body, to take and use the Surname of Leman, pursuant to the Will of Sir William Leman Baronet, deceased."

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

E. Warwick.
E. Winchilsea.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Offord.
E. Bath.
Vis. Fauconberg.
L. Bp. Rochester.
L. B. Exeter.
L. B. Worcester.
L. B. Chichester.
L. B. St. Davids.
Ld. Willoughby Par.
L. Hervey.
L. Bathurst.
L. Onslow.
L. Romney.
L. Fitzwilliam.
L. Sandys.

Their Lordships, or any Five of them; to meet To-morrow, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Benson & al. against Capt. Vernon:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of William Benson Esquire, One of the Auditors of the Imprest in His Majesty's Exchequer in England, and Stephen Whatley Gentleman; complaining of an Order of the Court of Exchequer in Ireland, of the 25th of February 1743, refusing, upon the Appellant's Motion, to set aside a Process of Contempt, the Decree obtained on the Sequestration, and refusing to receive the Answers of the Appellants, made in certain Causes there depending, wherein the Appellant Benson was Plaintiff, and the Respondent Captain John Vernon Defendant, and wherein the Respondent and Edward Vernon his Father were Plaintiffs, and the Appellants and others Defendants; and praying, "That the said Process, Decree, Enrolment thereof, the Report of the Remembrancer of the said Court, and Order thereupon, and the not admitting the filing the said Answers, and for not allowing the Appellant Benson Liberty to proceed in his Original Cause upon Payment of Costs, might be set aside; and that the Appellants, notwithstanding the said Refusal, might now be at Liberty to sile their Answers; and that the same might be ordered to be received; or that the Appellants might be otherwise relieved as to the House in their great Wisdom should seem meet:" As also upon the Answer of the said Captain John Vernon put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order of the 25th of February 1743 be, and the same is hereby, reversed; and that it be, and is hereby, referred to the Remembrancer of the said Court of Exchequer, to tax the Costs of the Order of Dismission of the Appellants Original Bill, and any Costs consequential thereto, and also the Costs of the Appellants Contempts in the Cross Cause, and of all the Proceedings in the Cross Cause in the said Court of Exchequer, from the Time of issuing of the First Process of Contempt against the Appellants; and that, upon Payment thereof by the Appellants to the Respondent within a Fortnight after the said Remembrancer shall have made his Report of such Taxation, and also upon the Appellant Benson's giving Security in the said Court of Exchequer, in such Manner as that Court shall direct, to answer Costs in the Original and Cross Causes, in case Costs shall hereafter be decreed against the Appellants, or any of them, the said Sequestration be discharged, and the Enrolment of the said Decree be discharged and vacated, and the said Decree be set aside; and that the Order of the 11th Day of May 1742, for dismissing the Appellants Original Bill, be also discharged; and that the said Original Bill be retained, and the Appellants admitted to put in their Answers in the Cross Cause; and that the said Court do proceed in the said Causes according to the Course of the said Court; and that the Appellant do speed his Original Cause: And it is hereby further Ordered, That the said Court of Exchequer do give all proper Directions for carrying this Order into Execution.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 27o Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Epus. Roffen.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux St. Albans.
Dux Bolton.
Dux Montagu.
Dux Argyll.
Dux Chandos.
March. Lothian.
Comes Pembroke.
Comes Suffolk.
Comes Winchilsea.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Tankerville.
Comes Graham.
Comes Effingham.
Comes Bath.
Viscount Say & Seale.
Viscount Falmouth.
Viscount Torrington.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Delawarr.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley.
Ds. Conway.
Ds. Hervey.
Ds. Hay.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Montfort.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

L. Wentworth takes his Seat.

This Day Edward Lord Wentworth sat first in Parliament; his Lordship 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.

E. of Thanet's Privilege:

Upon reading the Petition of Samuel Jeake, of The Middle Temple, London, Esquire, Barrister at Law, in Custody of the Serjeant at Arms attending this House, for a Breach of the Privilege of the Earl of Thanet; setting forth, "That, on hearing this House had made an Order to take him into Custody, he immediately surrendered himself to the said Serjeant on the 8th of this Month; but, being unable to make a personal Submission to the said Earl, as his Lordship was in the Country, he had made his Submission to him by Letter;" and praying, "That he may appear at the Bar of this House, and submit himself to their Lordships Pleasure:"

It is Ordered, That the Petitioner be immediately brought to the Bar, in order to his Discharge.

Jeake discharged.

Accordingly, the Petitioner was brought to the Bar, by the said Serjeant; where he, on his Knees, receiving a Reprimand from the Lord Chancellor for his Offence, was discharged out of Custody, paying his Fees.

The House was adjourned during Pleasure, to robe.

The House was resumed.

King present:

His Majesty, being seated on the Throne, with the accustomed Ceremonies; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker;

He, after a short Introduction in relation to the Money Bills, delivered the same to the Clerk; who brought them to the Table; where the Clerk of the Crown read the Titles thereof, as follow:

Bills passed:

"1. An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Forty-six."

"2. An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-six."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

Then the Lord Chancellor, receiving His Majesty's Commands, and being returned to his former Place, said,

The King commands both Houses to adjourn.

"My Lords, and Gentlemen,

"It is His Majesty's Pleasure, that both Houses of Parliament do forthwith severally adjourn themselves to Tuesday the 10th Day of December next."

Then His Majesty was pleased to retire; and the Commons returned to their House.

Adjourn.

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