House of Lords Journal Volume 26: February 1746, 1-10

Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 26: February 1746, 1-10', in Journal of the House of Lords Volume 26, 1741-1746, (London, 1767-1830) pp. 533-537. British History Online https://www.british-history.ac.uk/lords-jrnl/vol26/pp533-537 [accessed 23 April 2024]

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In this section

February 1746, 1-10

DIE Lunæ, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Glocestriens.
Epus. Norwic.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
March. Tweeddale.
March. Lothian.
Comes Derby.
Comes Northampton.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Graham.
Comes Malton.
Viscount Fauconberg.
Viscount Townshend.
Ds. Cornwallis.
Ds. Foley.
Ds. Onslow.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Thanks to the Bp. of Chichester, for his Sermon.

Ordered, That the Thanks of this House be, and they are hereby, given to the Lord Bishop of Chichester, for the Sermon by him preached before this House, on the 30th Day of January last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.

Meyer & al. Nat. Bill.

The Lord Bishop of Gloucester reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Herman Meyer and Herman Rudolph Klincke," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and had also considered the Petition of Peter Torras, to them referred; and had made several Amendments to the said Bill."

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

Carthew's Petition referred to Judges.

Upon reading the Petition of Elizabeth Carthew, for and on Behalf of Thomas Carthew of the Age of Thirteen Years, Frances Carthew, Grace Carthew, and Caroline Carthew, her Children, Infants; praying Leave to bring in a Bill, for establishing the Will of Thomas Carthew, late of Benacre in the County of Suffolk, Esquire, her late Husband, deceased, for the Benefit of her Infant Son and Family:

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.

Lechmere & al. Petition referred to Judges.

Upon reading the Petition of Anne Lechmere, Widow and Relict of Richard Lechmere, late Citizen and Salter of London, deceased, and One of the Two Daughters and Coheirs of Pigott Hatt Esquire, deceased, for herself, and on the Behalf of Richard Lechmere, Thomas Luther Lechmere, Rebecca Lechmere, her Children, who are all Infants; and also of Anna Honoria Lechmere, another Daughter of the said Richard Lechmere by the said Anne Lechmere, Thomas Langton Merchant, and Richard Baker Ropemaker; praying Leave to bring in a Bill, for vesting the Fee Simple and Inheritance of certain Premises, in the Petition mentioned, in the Peti tioner Richard Baker and his Heirs, subject to a certain Annuity and Encumbrances; and for other Purposes in the Petition expressed:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Justice Abney and Mr. Justice Foster; with the usual Directions, according to the Standing Order.

Court of Session, adjourning, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for adjourning the Court of Session in Scotland; and for remedying the Inconveniencies arising from the Surcease of Justice in that Part of the Kingdom."

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

Pippard against Lynch & al.

Upon reading the Petition and Appeal of Henry Pippard Esquire; complaining of an Order of the Court of Exchequer in Ireland, made the 25th Day of November last, on arguing Exceptions to the Remembrancer's Report; and praying, "That so much of the said Order as over-ruled the same may be reversed; and that the Exceptions taken by the Appellant, and which the said Court thought proper to overrule, may be allowed; and that the Appellant may have such other Relief as to this House in their great Wisdom shall seem meet; and that Francis Lynch, of the City of Dublin, Merchant, may be ordered to answer the said Appeal."

It is Ordered, That the said Francis Lynch may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 10th Day of March next; and that Service of this Order on his Attorney or Agent be deemed good Service.

Inkpen Common Fields, enclosing, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for confirming and establishing Articles of Agreement, and an Award, for enclosing and dividing certain Common Fields, within the Parish of Inkpen, in the County of Berks."

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. Burroughs and Mr. Allen:

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

Burt to enter into Recognizance for Plunket.

The House being moved, "That Charles Pym Burt of the Inner Temple London Gentleman may be permitted to enter into a Recognizance for William Plunkett, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Charles Pym Burt may enter into a Recognizance for the Appellant, as desired.

Adjourn.

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

DIE Mercurii, 5o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Glocestr.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Coventry.
Comes Fitzwalter.
Viscount St. John.
Viscount Townshend.
Ds. Wentworth.
Ds. Cornwallis.
Ds. Hervey.
Ds. Foley.
Ds. Onslow.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Sir Wyndham Knatchbull to take the Name of Wyndham, Bill.

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

With a Bill, intituled, "An Act to enable Sir Wyndham Knatchbull Baronet and his Heirs Male to take and use the Surname and Arms of Wyndham, pursuant to the Desire of Thomas Lord Wyndham in the Kingdom of Ireland, deceased;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

L. Visc. Vane & al. Petition referred to Judges.

Upon reading the Petition of William Lord Viscount Vane of the Kingdom of Ireland, Frances Lady Viscountess Vane his Wife, Thomas Duke of Leeds, Francis Hawes Esquire, and Thomas Hawes Esquire; praying Leave to bring in a Bill, for vesting certain Estates in the Petition mentioned, comprized in the Marriage Settlement of the Petitioners the said Lord Viscount and his Wife, in Trust, for raising Money, to discharge the Debts of the Petitioner the said Lord Viscount:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Clarke and Mr. Baron Clive; with the usual Directions, according to the Standing Order.

Sir N. D'Aeth, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir Narborough D'Aeth 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 to vest the Manor of Ruxley, in the County of Kent, and several Lands there, in Sir Narborough D'Aeth Baronet and his Heirs, discharged of the Uses in his Marriage Settlement; other Lands in the said County, of greater Value, being settled in Lieu thereof."

Meyer & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Herman Meyer and Herman Rudolph Klincke."

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. Thurston:

To carry down the said Bill; and acquaint them, that the Lords have agreed to the same, with some Amendments, whereunto their Lordships desire their Concurrence.

Court of Session, adjourning, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for adjourning the Court of Session in Scotland; and for remedying the Inconveniencies arising from the Surcease of Justice in that Part of the Kingdom."

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."

Lahy to enter into Recognizance for Pippard.

The House being moved, "That Richard Lahy of the Parish of St. Andrew Holbourn in the County of Midd'x Gentleman may be permitted to enter into a Recognizance for Henry Pippard Esquire, on account of his Appeal depending in this House; he being in Ireland:"

It is Ordered, That the said Richard Lahy may enter into a Recognizance for the Appellant, as desired.

Adjourn.

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

DIE Jovis, 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. Roffen.
Epus. Cicestriens.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux St. Albans.
Dux Marlborough.
Dux Argyll.
Dux Manchester.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Oxford.
Comes Rockingham.
Comes Harborough.
Comes Fitzwalter.
Comes Malton.
Comes Bath.
Viscount Fauconberg.
Viscount Townshend.
Ds. Wentworth.
Ds. Cornwallis.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.

PRAYERS.

Court of Session, adjourning, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for adjourning the Court of Session in Scotland; and for remedying the Inconveniencies arising from the Surcease of Justice in that Part of the Kingdom."

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.

Sir Narborough D'Aeth's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to vest the Manor of Ruxley, in the County of Kent, and several Lands there, in Sir Narborough D'Aeth Baronet and his Heirs, discharged of the Uses in his Marriage Settlement; other Lands in the said County, of greater Value, being settled in Lieu thereof."

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

D. St. Albans.
D. Argyll.
D. Manchester.
E. Lincoln.
E. Suffolk.
E. Northampton.
E. Carlisle.
E. Aylesbury.
E. Shaftesbury.
E. Oxford.
E. Harborough.
E. Malton.
E. Bath.
Viscount Fauconberg.
Viscount Townshend.
Ld. Bp. Rochester.
L. Bp. Chichester.
L. Bp. Bath & Wells.
L. Bp. Bangor.
L. Bp. St. Asaph.
L. Bp. St. Davids.
Ld. Wentworth.
L. Cornwallis.
L. Foley.
L. Bathurst.
L. Onslow.
L. Sandys.

Their Lordships, or any Five of them; to meet on Friday the 21st Instant, at the usual Time and Place; and to adjourn as they please.

Sir Wyndham Knatchbull to take the Name of Wyndham, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Sir Wyndham Knatchbull Baronet and his Heirs Male to take and use the Surname and Arms of Wyndham, pursuant to the Desire of Thomas Lord Wyndham in the Kingdom of Ireland, 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 Monday next, at the usual Time and Place; and to adjourn as they please.

Dreyer's Nat. Bill.

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

With a Bill, intituled, "An Act for naturalizing John Daniel Dreyer;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ly. Lake against Representatives of Mason & al.

Upon reading the Petition of Dame Mary Lake, Widow, Executrix, and Devisee, of Sir Bibye Lake Baronet, deceased; reciting several Proceedings formerly had in this House, upon the Appeal of Charles Mason Esquire, from a Decree of the Court of Chancery, to which the said Sir Bibye Lake was Respondent; on hearing whereof, the Tenth Day of May 1717, the Master was directed to take an Accompt between the Parties, and make his Report; which when finished and confirmed, they were to resort back to this House for their Lordships further Order; and setting forth further, "That the Report of the Master is now made and confirmed; and therefore praying the Judgement of this House, upon the Matter reserved by their Lordships said Order; and that such further Order may be made, for the Petitioner's Relief, as to this House in their great Wisdom shall seem meet:"

It is Ordered, That the Representatives of the Parties interested in the Matters in Question may have a Copy of the said Petition; and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 20th Day of this Instant February; and that Service of this Order on their respective Clerks in Court be deemed good Service.

Bank Agreement, establishing, Bill.

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

With a Bill, intituled, "An Act for establishing an Agreement with the Governor and Company of the Bank of England, for canceling certain Exchequer Bills, upon the Terms therein mentioned; and for obliging them to advance the Sum of One Million, upon the Credit of the Land Tax and Malt Duties granted to His Majesty, 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 & in diem Veneris, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Cicestriens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
March. Tweeddale.
Comes Derby.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Harborough.
Comes Malton.
Viscount Fauconberg.
Viscount Townshend.
Ds. Wentworth.
Ds. Maynard.
Ds. Hervey.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Raymond.
Ds. Sandys.

PRAYERS.

Bank Agreement, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for establishing an Agreement with the Governor and Company of the Bank of England, for canceling certain Exchequer Bills, upon the Terms therein mentioned; and for obliging them to advance the Sum of One Million, upon the Credit of the Land Tax and Malt Duties granted to His Majesty, 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, on Monday next.

Dreyer's Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing John Daniel Dreyer."

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

M. Tweeddale.
E. Derby.
E. Northampton.
E. Warwick.
E. Shaftesbury.
E. Harborough.
E. Malton.
Viscount Fauconberg.
Viscount Townshend.
Ld. Bp. Rochester.
L. Bp. Chichester.
L. Bp. Bangor.
L. Bp. Lincoln.
L. Bp. St. Asaph.
L. Bp. St. Davids.
Ld. Wentworth.
L. Maynard.
L. Hervey.
L. Foley.
L. Bathurst.
L. Onslow.
L. Raymond.
L. Sandys.

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

Adjourn.

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

DIE Lunæ, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Norwic.
Epus. Cicestriens.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Ds. Gower, C. P. S.
Dux Argyll.
March. Tweeddale.
March. Lothian.
Comes Derby.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Oxford.
Comes Strafford.
Comes Malton.
Viscount Fauconberg.
Viscount Townshend.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. Brooke.
Ds. Stawell.
Ds. Hervey.
Ds. Foley.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Visc. Grimston's Bill.

The Earl of Shaftesbury reported from the Lords Committees to whom the Bill, intituled, "An Act for giving Power to the Sons of William Lord Viscount Grimston to make Jointures, on their respective Marriages, in Lieu of a defective Power contained in the Settlement made on the Marriage of Samuel Grimston Esquire, deceased," 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."

Ordered, That the said Bill be engrossed.

Sir Wyndham Knatchbull to take the Name of Wyndham, Bill.

The Lord Romney reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Sir Wyndham Knatchbull Baronet and his Heirs Male to take and use the Surname and Arms of Wyndham, pursuant to the Desire of Thomas Lord Wyndham in the Kingdom of Ireland, deceased," 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."

Bayntun Rolt & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Edward Bayntun Rolt 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 rectifying and amending the Defects in a former Act of Parliament, made in the Fifteenth Year of the Reign of His present Majesty, for Sale of Part of the Estate of Edward Bayntun Rolt Esquire; and for the better and more effectual Execution of the Trusts of the said former Act."

Bank Agreement, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for establishing an Agreement with the Governor and Company of the Bank of England, for canceling certain Exchequer Bills, upon the Terms therein mentioned; and for obliging them to advance the Sum of One Million, upon the Credit of the Land Tax and Malt Duties granted to His Majesty, 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."

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 1744, and 31st of December 1745; together with an Accompt of the Produce of the Sinking Fund in that Year; and to the Payment of what Debts, contracted before the 31st 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, undecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.