House of Lords Journal Volume 27
February 1747, 1-10

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History of Parliament Trust

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1767-1830

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33-42

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'House of Lords Journal Volume 27: February 1747, 1-10', Journal of the House of Lords volume 27: 1746-1752 (1767-1830), pp. 33-42. URL: http://www.british-history.ac.uk/report.aspx?compid=114250 Date accessed: 20 April 2014. Add to my bookshelf


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February 1747, 1-10

DIE Lunæ, 2o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant
Arch. Ebor.
Epus Roffen.
Epus Litch & Cov.
Epus. Sarum.
Epus. Glocestr.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen
Epus. Meneven.
Ds Hardwicke, Cancellarius.
Dux Dorset, Præses
Comes Gower, C P S
Dux Devon, Senescallus
Dux Grafton, Camerarius.
Dux Beaufort
Dux St Albans.
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl
Dux Newcastle.
Dux Portland.
Dux Manchester.
March. Tweeddale.
March Rockingham
Comes Lincoln.
Comes Northampton
Comes Warwick
Comes Westmorland.
Comes Stamford
Comes Cardigan.
Comes Carlisle
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Cholmondeley.
Comes Sutherland
Comes Moray.
Comes Findlater.
Comes Portmore
Comes Oxford.
Comes Halifax.
Comes Cowper
Comes Stanhope.
Comes Harborough.
Comes Graham.
Comes Ker.
Comes Ashburnham.
Comes Portsmouth.
Comes Leicester.
Comes Bucks
Comes Fitzwilliam.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount St John
Viscount Harcourt.
Ds. Delawarr.
Ds Dudley
Ds Willoughby Par
Ds Maynard.
Ds Ward
Ds Cornwallis.
Ds Stawell
Ds Conway.
Ds Hervey.
Ds Somerville.
Ds Masham
Ds Foley
Ds Bathurst
Ds Onslow
Ds Romney.
Ds Ducie.
Ds Monson
Ds Talbot.
Ds Montfort
Ds Edgecumbe
Ds Sandys.
Ds. Herbert

PRAYERS.

Thanks to the Bp of St David's, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of St Davids, for the Sermon by him preached before this House, on Friday last, in the Abbey Church, Westminster, and he is hereby desired to cause the same to be printed and published.

Dring to take the Name of Garforth, Bill.

The Marquis of Rockingham reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Edmund Garforth, formerly called Edmund Dring, and his Heirs, to take, use, and bear, the Surname and Arms of Garforth," was committed That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, 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.

Wainhouse to take the Name of Emmott, Bill.

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

To return the Bill, intituled, "An Act to enable Richard Wainhouse, and his Heirs Male, to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased," and to acquaint this House, that they have agreed to the same, without any Amendment.

E Leicester & al Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Earl of Leicester 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 settling the Estates of Thomas Earl of Leicester, and Edward Coke Esquire, commonly called Lord Coke, his only Son, in the County of Norfolk, on the Marriage of the said Edward Lord Coke with the Lady Mary Campbell, One of the Daughters of John late Duke of Argyll"

Taylor's Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for raising Money, by Leasing or Sale of the Estates late of Thomas Taylor Esquire the Father and Thomas Taylor Esquire the Son, deceased, to discharge the Debts and Encumbrances affecting the same, and for making a Partition of such Estates, or so much thereof as shall not be sold, for the Purposes aforesaid," 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 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.

Talbot & Ux. Petition referred to Judges.

Upon reading the Petition of Henry Talbot Esquire and Catherine his Wife, praying Leave to bring in a Bill, for vesting an Estate in the County of Worwick, in the Petition mentioned, in the Petitioner Henry, in Fee Simple, in Possession, discharged of the Uses and Trusts of the Petitioner's Marriage Settlement, and for settling an Estate in the County of Surry, in Lieu and Stead thereof, to the Use of the same Settlement.

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

Sir Tho Parkyns's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Sir Thomas Parkyns Baronet and Jane Parkyns (with the Consent of their Guardians and Trustees) to make a Conveyance, by Way of Settlement, on their Intermarriage, notwithstanding their Minority."

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. Sawyer and Mr. Montague

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

Report from Committee of Proceedings for L Lovat's Trial.

The Earl of Warwick reported from the Lords Committees appointed to inspect the Journals of this House, relating to former Cases of Impeachments, and to consider of the proper Methods of proceeding on the Impeachment against Simon Lord Lovat, and to report to the House what they shall think proper thereupon.

"That the Committee have met, and inspected the Journals of this House in former Cases of Impeachments, and have considered the Matter to them referred, and have come to the following Resolutions, (videlicet,)

"That it is the Opinion of the Committee, That Letters be wrote, by the Lord Chancellor, to the absent Peers and Prelates, to require their Attendance upon Monday the 23d Day of this Instant February, which is the Day appointed for the Trial of Simon Lord Lovat, upon the Articles of Impeachment of High Treason exhibited against him by the House of Commons, and to signify to them, that then Attendance is expected on the Service of the House, during the said Trial, and that they who through Sickness cannot come do prove the same by Two credible Witnesses, on Oath, at the Bar of this House, and that no other Excuse will be admitted.

"That the House be moved, That an humble Address be presented to His Majesty, to acquaint His Majesty, that this House hath appointed the Trial of Simon Lord Lovat, upon the Articles of Impeachment of High Treason exhibited against him by the House of Commons, to begin, in Westminster Hall, on Monday the 23d Day of this Instant February, and humbly to desire that His Majesty will be pleased to appoint a Lord High Steward, to continue during the said Trial.

"That the House be moved, 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 Trial, as hath been usual in Cases of Trials.

"That, on the Day of Trial, 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.

"That the same Order be observed, in going into Westminster Hall, as was in 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 Articles of Impeachment exhibited by the House of Commons against the Lord Lovat, and the Answer of the said Lord, as also the Replication of the Commons thereunto, be read as soon as the said Lord is brought to the Bar.

"That the Lord High Steward be directed to acquaint the said Lord Lovat, 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 the Counsel assigned the said Lord Lovat may be present, when he is at the Bar, in order to be heard touching any Point or Matter of Law, if any such shall arise during the said Trial.

"That the Witnesses which shall be produced by the Lord Lovat, to be examined in his Defence, shall be examined upon Oath, which Oath shall be administered in like Form as an Oath was directed by this House to be administered to any Witnesses who should be produced by the Earl of Wintoun at his Trial.

"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 Lords do keep their proper Places in the Court in Westminster Holl, during the said Trial.

"That no Lord shall be absent from the Service of this House, during the Time of the said Trial, without Leave of the House, and that such Leave shall be asked only between the Hours or Ten and Twelve of the Clock.

"That, during the said Trial, the Names of the Lords be called over before they go down into Westminster Hall to the Trial, and that the Names of the absent Lords be set down by the Clerk of this House.

"That no Person whatsoever shall be admitted to be present in the Court, at the said Trial, 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 Trial, the Avenues to this House be guarded, and Care taken that none but Lords Servants be admitted, 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 fro, 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 Trial, and hereof special Care is to be taken, as the contrary will be answered to this House.

"That all the Constables of Westminster be required to attend, in The Palace Yards at Westminster, during the said Trial, to take Care that all Coaches whatsoever, when they have set down the Persons they bring, be turned away through The Old Palace Yard, and so to Abingdon Street, and from thence so that they cannot by any Way return through King Street until Five of the Clock in the Evening.

"That the Lord Great Chamberlain be desired to take Care, and give Order, that Accommodation be made, in the Scaffold already erected in Westminster Hall, for the Commons, as hath been used in Trials in Westminster Hall upon Impeachments.

"That, on the Day appointed for the said Trial, and during the Continuance thereof, the Doors for Entrance into the Seats provided in Westminster Hall, for the Lords Tickets, be kept by the Door-keepers of this House, who are, at their Peril, to let none in but such as bring their Tickets with them, and that the said Door-keepers do take Care, that the Places appropriated for the Peeresses and their Daughters be kept for them, and that Two Doorkeepers do attend at each Door and if the present Number of Door-keepers is not sufficient for this Service, that the Gentleman Usher of the Black Rod do appoint a sufficient Number of Assistants for this Purpose, and that the said Doors be not opened, for the Admittance of any Person whatsoever into the said Seats, before Eight of the Clock in the Morning."

The said Report was read by the Clerk entire.

And the First Resolution being read a Second Time, the same was agreed to, and ordered accordingly.

Addresses for a Lord High Steward, and Guards to attend.

Then the Second and Third Resolutions being likewise read, and the House severally moved thereupon, as directed, "That Addresses might be made to His Majesty, for the Appointment of a Lord High Steward, and Guards at the Trial of the Lord Lovat."

The same were also agreed to.

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

Which done,

The remaining Resolutions, being all severally read a 2d Time, were likewise agreed to, and ordered accordingly.

Adjourn.

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

DIE Martis, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Cant.
Arch. Ebor.
Epus. Roffen.
Epus. Litch & Cov.
Epus. Sarum
Epus. Glocestriens.
Epus Wigorn
Epus Norwic.
Epus Cicestriens
Epus. Landavens
Epus Bath & Wells
Epus Bangor
Epus Lincoln.
Epus. Asaphen.
Epus Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C P S
Dux Devon, Senescallus.
Dux Grafton, Camerarius
Dux Beaufort.
Dux Bedford.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
Dux Portland
March Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Northampton.
Comes Warwick.
Comes Denbigh.
Comes Stamford.
Comes Carlisle.
Comes Shaftesbury.
Comes Berkeley
Comes Holdernesse.
Comes Rochford
Comes Coventry.
Comes Jersey
Comes Cholmondeley.
Comes Sutherland.
Comes Moray.
Comes Home
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Strafford.
Comes Tankerville.
Comes Halifax.
Comes Cowper
Comes Stanhope
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Ashburnham.
Comes Bath.
Comes Portsmouth.
Comes Leicester.
Comes Brooke.
Comes Bucks.
Comes Fitzwilliam.
Viscount Fauconberg.
Viscount Townshend.
Viscount Harcourt.
Ds Dudley.
Ds Willoughby Par.
Ds Maynard.
Ds Strange
Ds Ward
Ds Cornwallis.
Ds Weston.
Ds. Conway.
Ds Hervey.
Ds Somerville.
Ds Masham.
Ds Foley
Ds Bathurst.
Ds Onslow.
Ds Romney
Ds Ducie.
Ds. Monson.
Ds. Talbot.
Ds Montfort.
Ds. Edgecumbe.
Ds Sandys.

PRAYERS.

Foley's Petition against Bp of Worcester's Privilege, Report of Committee Privileges.

The Earl of Warwick reported from the Lords Committees for Privileges, to whom was referred the Petition of Edward Foley Esquire, One of the Burgesses of the Borough of Wyche, otherwise Droitwitch, in the County of Worcester, a Relation in the Cause therein mentioned, praying the Consideration and Judgement of this House, "Whether the Petitioner and his Agents may be at Liberty to proceed, in a Cause upon an Information in the Court of King's Bench, in the Nature of a Quo Warranto, exhibited against Isaac Lord Bishop of Worcester, in Pursuance of a Rule for that Purpose, his Lordship insisting upon a Right of voting for the Election of Bailiffs of the said Borough, and, being served with a Process to appear to the said Information, hath given Notice, by his Solicitor in the said Cause, to the Petitioner's Clerk in Court, that he would insist upon Privilege" "That the Committee have considered the Matter to them referred, and read Copies of Papers from the Crown Office in the King's Bench, in relation to the said Cause, and examined some Persons upon Oath, on Behalf of the Petitioner, and are of Opinion, That the following Paragraph of the said Petition, containing these Words, (videlicet,) "[That the Right Reverend Isaac Maddox Lord Bishop of Worcester was present, and did then and there claim and insist upon a Right of voting in the same Election, in Right of his Bishoprick of Worcester, but, when he so claimed and insisted upon a Right of voting as aforesaid, he either would not, or could not, make out any such Right, but pressing and insisting to have his Vote received, as the fanest Way of putting his Right in a Method of Trial, and alleging, that all he desired, was to have it determined, whether he had any such Right, as, he said, he was told he had, his Vote was accordingly received, but received only in order to have his Right to vote in the same Election afterwards tried and determined in a proper Manner, and in a due Course of Law, and for no other Reason,"] have not been made out by any Proof before the said Committee, and that therefore he was directed by their Lordships, to move the House, That the said Petition should be rejected"

Foley's Petition rejected.

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

And Ordered, That the said Petition be rejected accordingly.

House and Windows, Duties on, Bill.

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

With a Bill, intituled, "An Act for repealing the several Rates and Duties upon Houses, Windows, and Lights, and for granting to His Majesty other Rates and Duties, upon Houses, Windows, and Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds, by Annuities, to be charged on the said Rates and Duties," to which they desire the Concurrence of this House.

The said Bill was read the First Time.

E of Leicester's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for settling the Estates of Thomas Earl of Leicester and Edward Coke Esquire, commonly called Lord Coke, his only Son, in the County of Norfolk, on the Marriage of the said Edward Lord Coke with the Lady Mary Campbell, One of the Daughters of John late Duke of Argyll, deceased."

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

L Privy Seal.
L Steward
D Argyll.
D. Newcastle.
D. Portland.
M Rockingham.
E Lincoln.
E. Warwick.
E. Carlisle.
E Shaftesbury.
E. Holdernesse.
E Coventry.
E Cholmondeley.
E. Oxford.
E Harborough.
E Bucks.
Viscount Townshend.
L Bp Rochester.
L Bp Worcester.
L Bp Norwich.
L Bp Landaff.
L Bp Bangor.
L Bp St Davids.
L Willoughby Par.
L Cornwallis.
L Conway.
L Hervey
L Somerville.
L. Masham.
L Foley.
L. Ducie.
L Montfort.
L Sandys.
L. Herbert.

Their Lordships, or any Five of them, to meet on Wednesday the 18th Instant, at the usual Time and Place, and to adjourn as they please.

Adjourn.

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

DIE Mercurii, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Archicp Ebor.
Epus Roffen.
Epus Wigorn.
Epus Norwic.
Epus Cicestriens.
Epus. Landavens.
Epus Bangor.
Epus Lincoln
Epus Meneven.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses
Comes Gower, C P S
Dux Devon, Senescallus
Dux Grafton, Camerarius
Dux Bolton.
Dux Argyll
Dux Newcastle.
Dux Portland
March Tweeddale.
March. Rockingham.
Comes Pembroke
Comes Lincoln
Comes Northampton.
Comes Warwick
Comes Stamford
Comes Shaftesbury.
Comes Coventry.
Comes Sutherland.
Comes Home
Comes Findlater.
Comes Portmore.
Comes Harborough.
Comes Pomfret.
Comes Ker
Comes Effingham.
Comes Bath.
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount St. John.
Ds. Willoughby Par
Ds Cornwallis
Ds. Stawell
Ds Somerville.
Ds Foley.
Ds Bathurst.
Ds. Onslow
Ds Cadogan.
Ds. Monson
Ds Montfort
Ds Edgecumbe.
Ds. Sandys.

PRAYERS.

Horned Cattle, Bill.

A Message was brought from the House of Commons, by Sir John Cross and others.

With a Bill, intituled, "An Act to continue, explain, and amend, an Act made in the last Session of Parliament, intituled, An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom," to which they desire the Concurience of this House.

The said Bill was read Twice.

Ordered, That the same be committed to a Committee of the whole House, presently.

Accordingly the House was adjourned during Pleasure, and put into a Committee thereupon.

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"

The King's Answer to Addresse.

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 the Appointment of a Lord High Steward, to continue during the Trial of Simon Lord Lovat, and also the Address for the Appointment of Guards to attend during the Time of the said Trial, and that His Majesty had been pleased to give Orders accordingly"

Form of Commission for Lord High Steward.

Ordered, That the said Commission for appointing a Lord High Steward shall be in the like Form as that for the Trial of the Lord Viscount Stafford, as entered in the Journal of this House, the 30th of November 1680, except that the same be in the English Language.

Houses and Windows, Duties on, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repealing the several Rates and Duties upon Houses, Windows, and Lights, and for granting to His Majesty other Rates and Duties, upon Houses, Windows, and Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds, by Annuities, to be charged on the said Rates and Duties."

Ordered, That the said Bill be committed to a Committee of the whole House, presently.

Accordingly, the House was adjourned during Pleasure, and put into a Committee thereupon.

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."

Report of Commissioners of Greenwich Hospital, delivered.

The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended"

He was called in, and presented to the House, at the Bar, pursuant to an Act of Parliament,

"The Report of the said Commissioners, of what Money had been received from the Derwentwater Estate, between 1st December 1745 and 30th November 1746, and of their Proceedings in carrying on the Building'

And then he was directed to withdraw.

And the Title of the said Report being read by the Clerk.

Ordered, That the same do lie on the Table.

Carver and Wood against Porhill & al.

Ordered, That the Hearing of the Cause wherein Mary Carver Widow and others are Appellants, and David Polhill Esquire and others Respondents, and wherein William Wood Esquire is Appellant, and the said David Polhill and others are Respondents, which was appointed for To-day, be put off to Friday next.

Dring to take the Name of Garforth, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to enable Edmund Garforth, formerly called Edmund Dring, and his Heirs, to take, use, and bear, the Surname and Arms of Garforth"

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

It was Resolved in the Affirmative.

Taylor's Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for raising Money, by Leasing or Sale of the Estates late of Thomas Taylor Esquire the Father and Thomas Taylor Esquire the Son, deceased, to discharge the Debts and Encumbrances affecting the same, and for making a Partition of such Estates, or so much thereof as shall not be sold, for the Purposes aforesaid."

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

It was Resolved in the Affirmative.

Message to H C with the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Elde

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

Campbell against Campbell.

Upon reading the Petition and Cross Appeal of Mary Campbell, Daughter of the deceased Colonel James Campbell of Barnbank, complaining of an Interlocutor of the Lords of Session in Scotland, of the 16th of December 1738, and praying, "That the same may be reversed, varied, or altered, so far as is complained of, and that such other Relief may be given the Appellant as to this House in their great Wisdom shall seem meet"

It is Ordered, That Elizabeth and Jean Campbell, and James Drummond, may have a Copy of the said Appeal, and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Wednesday the 4th Day of March next, and that Service of this Order on One of the Agents or Procurators of the said Elizabeth and Jean Campbell in the Court below be deemed good Service.

Addresse 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 1745, and 31st of December 1746, together with an Account 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.

Adjourn.

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

DIE Jovis, 5o Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Fredericus Princeps Walliæ

Arch. Cant.
Arch. Ebor.
Epus. Roffens.
Epus Sarum
Epus Norwic
Epus Bath & Wells.
Epus. Bangor.
Epus Lincoln.
Epus Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses
Dux Devon, Senescallus.
Dux Richmond.
Dux Bolton.
Dux Argyll
Dux Ancaster & Kesteven, Magnus Camerarius Angl
Dux Portland
Dux Manchester.
March Tweeddale.
March. Rockingham.
Comes Pembroke.
Comes Lincoln
Comes Stamford
Comes Shaftesbury.
Comes Holdernesse.
Comes Coventry
Comes Cholmondeley.
Comes Sutherland
Comes Moray
Comes Home
Comes Findlater.
Comes Portmore.
Comes Oxford.
Comes Strafford
Comes Harborough.
Comes Pomfret.
Comes Graham.
Comes Ashburnham.
Comes Effingham.
Comes Bath
Comes Clinton.
Comes Bucks.
Viscount Say & Seale.
Viscount Townshend.
Viscount Falmouth.
Ds Willoughby Par.
Ds Maynard.
Ds Strange.
Ds Ward
Ds. Cornwallis.
Ds Stawell
Ds Somerville.
Ds (fn. 1) Hay
Ds Foley.
Ds Bathurst.
Ds Onslow.
Ds Ducie.
Ds Monson.
Ds. Edgecumbe.
Ds Sandys.

PRAYERS.

Horned Cattle, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act to continue, explain, and amend, an Act made in the last Session of Parliament, intituled, "An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom"

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

It was Resolved in the Affirmative.

Houses and Windows, Duties on, Bill.

Hodie 3a vice lecta est Billa, intituled, "An Act for repealing the several Rates and Duties upon Houses, Windows and Lights, and for granting to His Majesty other Rates and Duties, upon Houses, Windows, and Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds, by Annuities, to be charged on the said Rates and Duties"

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 the preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by Mr Spicer and Mr Allen

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

Carver & al against Porhill & al.

A Petition of Mary Carver and others Appellants; and also of William Wood Esquire, Appellant in both Appeals, to which David Polhill Esquire and others are Respondents, was presented, and read, setting forth, "That the Petitioners are advised, it is necessary to add, as Respondents to these Appeals, all such of the Parties as were Co-defendants in the Cause below with the Petitioners," and praying, "That they may be at Liberty to amend their said Appeals, by adding Parties; and that the Hearing of the same may be adjourned to such short Day as the House shall think proper"

And thereupon the Agents of all the Parties were called in.

And being heard at the Bar, and withdrawn.

The Appeallants to amend then Appeals.

Ordered, That the Hearing of the said Appeals be put off to Monday Sevennight, and that the Petitioners be at Liberty to amend their said Appeals, as desired.

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, commanded the Deputy Gentleman Usher of the Black Rod 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 Bill to be passed, delivered the same to the Clerk, who brought it to the Table, where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow.

Bills passed.

"1. An Act for repealing the several Rates and Duties upon Houses, Windows, and Lights, and for granting to His Majesty other Rates and Duties, upon Houses, Windows, and Lights, and for raising the Sum of Four Millions Four Hundred Thousand Pounds, by Annuities, to be charged on the said Rates and Duties"

To this Bill the Royal Assent was pronounced, in the following Words, (videlicet,)

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

"2. An Act to continue, explain, and amend, an Act made in the last Session of Parliament, intituled, An Act to enable His Majesty to make Rules, Orders, and Regulations, more effectually to prevent the spreading of the Distemper which now rages amongst the Horned Cattle in this Kingdom"

To this Bill the Royal Assent was pronounced, in the following Words, (videlicet,)

"Le Roy le veult."

"3. An Act to enable Richard Wainhouse and his Heirs Male to take and use the Surname of Emmott, and no other, pursuant to the Will of Christopher Emmott Esquire, deceased"

To this Bill the Royal Assent was pronounced, in the following Words, (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Scott to revive Appeal.

Upon reading the Petition of James Scott of Brotherton Esquire, setting forth, "That, last Session of Parliament, his Father Hercules Scott presented an Appeal to this House, from certain Interlocutors of the Court of Session in Scotland, to which no Answer has been yet put in," and praying, "In regard the said Hercules Scott is since dead, that the Name of the Petitioner, who is his only Son and Heir, may be inserted therein, as Appellant, instead of his said Father; and that such other Relief may be granted the Petitioner, as to this House in their great Wisdom and Justice shall seem meet."

It is Ordered, That the Petitioner's Name be inserted, in the Stead of his said Father, as desired; and that Thomas Fullerton, John Fullerton, John Turnbull, and Robert Ramsay, Respondents to the former Appeal, may have a Copy thereof, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 5th Day of March next.

His Majestys Answer to Address.

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, provided or unprovided for by Parliament, and that His Majesty was pleased to say, He would order the proper Officer to lay the same before this House accordingly"

Adjourn.

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

DIE Lunæ, 9o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Epus. Roffen.
Epus Sarum.
Epus. Norwic.
Epus. Bangor.
Epus. Asaphen.
Epus Meneven.
Epus. Hereford.
Ds. Hardwicke, Cancellarius
Dux St Albans
Dux Argyll
Dux Portland
Dux Manchester.
March Tweeddale
March Lothian
March Rockingham
Comes Northampton
Comes Warwick
Comes Stamford.
Comes Shaftesbury.
Comes Sutherland
Comes Portmore
Comes Ferrers
Comes Halifax.
Comes Pomfret.
Comes Bath
Comes Bucks.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Torrington.
Ds. Willoughby Par.
Ds Strange
Ds Ward
Ds Cornwallis.
Ds Stawel
Ds Hervey
Ds Somerville.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Sandys.

PRAYERS.

Vis Torrington takes his Seat.

George Lord Viscount Torrington sat first in Parliament, after the Death of his Brother Pattee Viscount Torrington, having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Heretable Jurisdictions, Returns of the Lords of Seshon, Consideration put off.

Whereas To-morrow is appointed, for taking into Consideration the Returns of the Lords of Session in Scotland, to the Two Orders of this House of the 5th of August last, the First directing the said Lords of Session to prepare the Draught of a Bill for remedying Inconveniencies arising from several Kinds of Heretable Jurisdictions there, and the other for their Lordships to inquire and consider what Regalities and Heretable Sheriffships are subsisting.

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

Proceedings on the Trial of L Lovat, Committee revived.

Ordered, That the Committee appointed to inspect the Journals of this House, relating to former Cases of Impeachments, and to consider of the proper Methods of proceeding on the Impeachment against Simon Lord Lovat, be revived, and meet To-morrow.

Sambrooke's Pet referred to Judges.

Upon reading the Petition of Mary Sambrooke, One of the Daughters of John Sambrooke late of London Esquire, deceased, who was One of the Sons of Sir Jeremy Sambrooke late of London Knight, deceased, and of Elizabeth Sambrooke the Widow of the said John Sambrooke, as Guardian, and for and on the Behalf, of Elizabeth Sambrooke and Diana Sambrooke, Infants under the Age of Twenty-one Years, Two other of the Daughters of the said John Sambrooke, deceased, praying Leave to bring in a Bill, to enable the Petitioners Mary and Elizabeth Sambrooke, on Behalf of the said Infants, to make such Leases of Messuages, Houses, and Tenements, in the County of Middlex, in the Petition mentioned, as they shall think will be most for the Benefit of the said Infants, and the Preservation of the said Estate in the Family.

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

Smith to the the Name of Aynscombe, Leave to a Bill.

Upon reading the Petition of Lillie Smith of London Merchant, praying Leave to bring in a Bill, to enable him to alter and change his Surname to the Name of Aynscombe, and to permit him and his Heirs to take and use the said Surname, according to the Will of Thomas Aynscombe, late of Charter House Squiare, in the City of London, Esquire, deceased.

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

Bill presented, and read.

Accordingly, the Lord Willoughby of Parham presented to the House a Bill, intituled, "An Act to enable Lillie Smith and his Heirs by Valentia his Wife (formerly Volentia Aynscombe) to take and use the Surname of Aynscombe, pursuant to the Will of Thomas Aynscombe Esquire, deceased."

And the same was read the First Time.

Stillington, Leave for a Bill, to compleat the Enclosure of Kelfield Commons.

Upon reading the Petition of Mary Stillington, Widow and Relict of Joseph Stillington, late Lord of the Manor of Kelfield, in the County of York, Esquire, and sole Executrix of his last Will and Testament, praying Leave to bring in a Bill, to enable the Petitioner to proceed in compleating the Enclosure, begun by her said late Husband, of the Common Fields in the said Manor, pursuant to an Act passed in the last Session of Parliament for that Purpose.

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

Kynaston, Leave for a Bill.

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Kynaston, Clerk or Chaplain in and for the Parish of St Buttolph without Aldgate, London, praying Leave to bring in a Private Bill.

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

Bill read.

Hodie 1a vice lecta est Billa, intituled, "An Act for Sale of the Rectory of St Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement."

Baillie to enter into Recognizance for Campbell.

The House being moved, "That Mr Alexander Baillie may be permitted to enter into a Recognizance for Mary Campbell, on account of her Appeal depending in this House, she being in Scotland"

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

Adjourn.

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

DIE Martis, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt.

Arch Ebor
Epus Roffen
Epus Cicestriens
Epus Bangon
Epus. Lincoln
Epus Meneven
Epus Hereford.
Ds Hardwicke, Cancellarius
Dux Dorset, Præses.
Comes Gower, C P S
Dux Devon, Senescallus.
Dux St Albans.
Dux Argyll
Dux Newcastle.
Dux Portland
Dux Manchester
March Tweeddale
March Lothian
March Rockingham.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Stamford.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Moray.
Comes Home.
Comes Findlater.
Comes Portmore.
Comes Oxford
Comes Strafford
Comes Uxbridge.
Comes Granville.
Comes Halifax
Comes Harborough.
Comes Orford
Comes Portsmouth.
Comes Leicester.
Comes Bucks
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount St John.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Clifton
Ds. Maynard.
Ds Strange.
Ds Ward
Ds. Cornwallis.
Ds. Somerville.
Ds Hay
Ds Masham.
Ds Bathurst.
Ds Romney.
Ds Cadogan.
Ds Monson.
Ds. Talbot.
Ds Montfort.
Ds Edgecumbe.
Ds. Sandys.

PRAYERS.

Smith, to take the Name of Aynscombe, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Lillie Smith, and his Heirs by Valentia his Wife (formerly Valentia Aynscombe), to take and use the Surname of Aynscombe, pursuant to the Will of Thomas Aynscombe Esquire, deceased."

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

Ld President
Ld Steward.
D Argyll
D Portland
D. Manchester.
M Rockingham.
E. Pembroke
E Northampton
E. Warwick
E Stamford
E Shaftesbury.
E Findlater
E. Oxford
E. Harborough.
E. Portsmouth
E Leicester.
E Bucks
Vis Say & Seale.
Vis Fauconberg.
Vis Townshend.
Vis St. John.
L Bp Rochester
L. B Bangor.
L. B Lincoln.
L. B Hereford.
Ld. Willoughby Par
L. Clifton.
L Ward
L. Cornwallis.
L Hay.
L. Masham.
L Bathurst.
L Romney
L. Monson.
L. Talbot
L Montfort
L Edgecumbe.
L. Sandys.

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

Report from Committee, about Tickets for L Lovat's Trial.

The Earl of Warwick reported from the Lords Com mittees appointed to inspect the Journals of this House, relating to former Cases of Impeachments, and to consider of the proper Methods of proceeding on the Impeachment of Simon Lord Lovat "That, the Committe having directed the Officers of the Board of Works to consider what Alterations could be made in the Scaffold erected in Westminster Hall, in order to gain as much Room as possible for Seats for such Persons as shall have Tickets from the Lords for the Trial, the said Officers had laid before their Lordships a Plan of an additional Gallery, to be erected at the South End of the said Scaffold, by which, and the Addition of Four Benches behind the Bar, there would be as much Room for Seats for the Lords Tickets as was at the late Trials, when the House of Commons were not present And thereupon the Committee had come to the following Resolutions, (videlicet,)

"That it is the Opinion of the Committee, That the Lord Great Chamberlain be desired to issue his Warlant to the Officers of the Board of Works, for making the said Alterations in the Scaffold accordingly.

"That all the Lords of this House, who have personally appeared, or will personally appear in this House, before the Trial of Simon Lord Lovat in Westminster Hall, shall have Six Tickets each delivered to him or them, by the Lord Great Chamberlain's Servants, if he or they shall 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 attend the said Trial; and that the same Tickets shall be continued during the whole Trial, and only shewn to the Door-keepers.

"That the Lord Great Chamberlain be desired to take Care, and give Order, that the Four First Benches behind the Peers be kept for the Peeresses and Peers Daughters, having Tickets"

Which Report was read by the Clerk entire.

And the said Resolutions, being read a 2d Time, were severally agreed to by the House, and ordered accordingly.

Kynaston's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of the Rectory of St Buttolph without Aldgate, London, the Estate of Thomas Kynaston Clerk, comprized in his Marriage Settlement, and for purchasing another Estate, to be settled to the Uses of the said Settlement."

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 Wednesday the 25th Instant, and to adjourn as they please.

Carver and Wood against Polhill & al.

Whereas Monday next is appointed, for hearing the Appeals of Mary Carver and others, and William Wood Esquire, to which David Polhill and others are Respondents.

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 18th of this Instant February.

Adjourn.

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

Footnotes

1 Bis in Originali