House of Lords Journal Volume 26: December 1745 11-20

December 1745 11-20

DIE Mercurii, 18^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

In order to solemnize this Day; being appointed, by His Majesty's Royal Proclamation, to be observed as a General Fast;

Adjourn.

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

DIE Jovis, 19^o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Thanks to the Bp. of St. Asaph, for his Sermon.

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

Ly. Dinely against Phillips:

Upon reading the Petition of Margaret Phillips Widow, Defendant in a Writ of Error depending in this House, wherein Dame Mary Dinely Widow is Plaintiff; praying, "In regard the said Writ of Error is brought merely for Delay, and hath so long kept the Petitioner from obtaining her just Debt, that the same may be Non pros'd, with such Costs as to this House shall seem meet; the Plaintiff not having assigned Errors within the Time limited by their Lordships Standing Order:"

Writ of Error Non pros'd.

It is Ordered, That the Petitioner do forthwith enter a Non pros. on the said Writ of Error, as desired; and that the Record be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgement given in that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for her Costs by Reason of the Delay of the Execution of the said Judgement.

Inkpen Common Fields, enclosing, Bill.

The Lord Willoughby of Parham, pursuant to the Order of this House of the 14th Day of November last, presented a Bill, 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."

And the same was read the First Time.

V. Grimston & al. Pet. referred to Judges.

Upon reading the Petition of William Lord Viscount Grimston of the Kingdom of Ireland, and of James Grimston, Harbottle Grimston, George Grimston, and Henry Grimston, Esquires, his Sons; praying Leave to bring in a Bill, for giving Power to the Petitioners James Grimston, Harbottle Grimston, George Grimston, and Henry Grimston, respectively, after the Death of the said Lord Viscount, to make Jointures on the Women they shall marry, when they shall respectively be in Possession of the Premises mentioned in a Settlement, dated the 10th Day of March 1730, made on the Marriage of Samuel Grimston Esquire, then Eldest Son of the said Lord Viscount:

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. Justice Burnett; with the usual Directions, according to the Standing Order.

Bayntun Rolt & al. Pet. referred to Judges.

Upon reading the Petition of Edward Bayntun Rolt Esquire, Thomas Rolt, John Rolt, and James Rolt, Esquires, the Sons of Edward Rolt Esquire, deceased, by Anne Rolt his Wife, also deceased, who was only Sister of John Bayntun, late of Spypark, in the County of Wilts, Esquire, deceased; and also of John Earl of Sandwich and Sir Robert Long Baronet; praying Leave to bring in a Bill, for vesting such Part of the Premises in the County of Somerset, settled by an Act passed in the 15th Year of the Reign of His present Majesty, as now remain unsold, and also the Premises in the County of Wilts, vested by the said Act, which shall remain unsold, and the Tithes of Rodborn Chenew, which are held together with the Demesne Lands of the Manor of Bromham, in the Petition mentioned, as one and the same Farm, in new Trustees, to sell the same; and to apply the Money arising thereby, for the Payment of so much of the Debts provided for by the said Act as now remain unsatisfied:

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

Alie, to take the Name of Leman, Bill:

Hodie 3^a 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."

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. Holford and Mr. Bennett:

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

Message from His Majesty, concerning Treops taken into His Service by Treaty.

The Duke of Newcastle acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual; which His Majesty had commanded him to deliver to the House."

And the same was read, by the Lord Chancellor, and is as follows: (videlicet,)

"GEORGE R.

"His Majesty having received undoubted Intelligence, that Preparations are making at Dunkirk, and other Ports of France, which are now in great Forwardness, for invading this Kingdom with a considerable Number of Forces, in Support of the Rebellion carrying on here in Favour of the Pretender to His Crown; and some French Troops being already actually landed in Scotland, under the Command of a Person who has sent a Message to the Generals of some of His Majesty's Forces, declaring, "That he is come into this Kingdom, to make War against His Majesty, by the Orders of the French King;" His Majesty has thought it proper to acquaint the House of Lords with an Event of such high Importance to His Crown, and to the Peace and Security of these Kingdoms: And His Majesty having, the last Summer, taken into His Service Six Thousand Hessian Troops, by virtue of a Treaty concluded between His Majesty and the King of Sweeden, Landgrave of Hesse Cassell, dated the Fifth/Sixteenth Day of June last, has judged it necessary to direct the said Hessian Troops to be brought into this Kingdom, in order, in Conjunction with His Majesty's British Forces, the more effectually to repel the said Invasion, and to suppress the present Rebellion: His Majesty therefore doubts not, from the experienced Zeal, Duty, and Affection, of the House of Lords, that they will support Him in making good the said Treaty, will strengthen His Hands, and concur in all such Measures as shall be necessary for disappointing and defeating so dangerous an Attempt, and for the Security of His Person and Government, and the Religion, Laws, and Liberties, of this Kingdom: His Majesty has also ordered a Copy of the said Treaty to be laid before this House."

The Treaty.

The said Duke (by His Majesty's Command) presented to the House a Copy of the Treaty mentioned in the said Message; with a Transtation thereof.

And the said Translation being read, by the Clerk:

Address to His Majesty.

Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Message; and for communicating to this House the Intelligence He has received, of the Preparations making in France, to invade this Kingdom, in Favour of a Popish Pretender to His Crown; and that some French Troops are already actually landed in Scotland, with a declared Intent to make War against His Majesty: To express our dutiful Sense of the just Confidence His Majesty is pleased to repose in us; and our Abhorrence and Indignation at so high an Insult upon His Majesty's Crown, and so daring an Attempt against the Peace and Security of His Kingdoms: To assure His Majesty of the Support of this House, in making good the Treaty concluded by Him the Fifth/Sixteenth Day of June last, for taking into His Service the Six Thousand Hessian Troops; and to thank His Majesty for His seasonable Care, in directing the said Troops to be brought into this Kingdom, in order the more effectually to repell any Invasion, and to suppress the present wicked and unnatural Rebellion: To give His Majesty the strongest Assurances, that we will zealously and vigorously concur in all such Measures as shall be necessary, for strengthening His Majesty's Hands; for defending His Sacred Person and undoubted Title to the Crown of these Realms, against the Pretender and all His Majesty's Enemies; for defeating the Designs of France to enslave these Kingdoms; and for the Preservation of our Religion, Laws, and Liberties, which can only be secure under His Majesty's auspicious Government, and the Protestant Succession in His Royal Family."

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

Blyke to enter into Recognizance for Captain Chalmer.

The House being moved, "That Samuel Blyke Gentleman may be permitted to enter into Recognizance for Captain John Chalmer, on account of his Appeal depending in this House; he residing in Scotland:"

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

Adjourn.

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