House of Lords Journal Volume 26: April 1746, 11-20

April 1746, 11-20

DIE Veneris, 11^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Glocester Roads repairing, Bill.

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

With a Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned; and for making the said Act more effectual;" to which they desire the Concurrence of this House.

Enrolment of Deeds, &c made by Papists, Bill.

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

With a Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers, Devisees, and Lessees;" to which they desire the Concurrence of this House.

The said Bills were both read the First Time.

D. Chandos's Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for vesting Part of the settled Estates of the most Noble Henry Duke of Chandos in Trustees, for raising Money, to discharge Encumbrances affecting other Parts thereof; and for Payment of his Debts; and for securing an Equivalent to the Honourable James Brydges, called Marquis of Carnarvon, an Infant, and his Issue; and for raising, at Twenty-one or Marriage, the Portion charged, on the said settled Estates for the Lady Caroline Brydges, only Daughter of the said Duke, and for securing to her the Interest thereof in the mean Time," 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.

E. Cholmondeley and Mr. Pitt's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to enable George Earl Cholmondeley and William Pitt Esquire 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.

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.

Lechmere's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act for Sale of the Estate late of Richard Lechmere Junior and Anne his Wife, in the County of Essex, pursuant to Articles entered into for the Purchase thereof; and for applying the Money arising by such Sale for discharging Encumbrances affecting the said Estate; and for other Purposes therein mentioned," 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.

Swearing, to prevent, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act more effectually to prevent profane Cursing and Swearing."

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 made several Amendments thereunto; which he would be ready to report, when the House shall be pleased to receive the same."

Ordered, That the said Report be received on Monday next.

Ramsden to take the Name of Hawksworth, Bill.

The Earl of Warwick (pursuant to the Order of this House on Tuesday last) presented a Bill, intituled, "An Act to enable Walter Hawksworth Esquire, formerly called Walter Ramsden, and the Heirs of his Body, to take and use the Surname of Hawksworth pursuant to the Will of Sir Walter Hawksworth Baronet, deceased."

And the same was read the First Time.

Pellet, Leave for a Nat. Bill:

Upon reading the Petition of John Baptist Pellet; praying Leave to bring in a Bill, for his Naturalization:

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

Bill read.

Accordingly the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing John Baptist Pellet."

And the same was read the First Time.

Adjourn.

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

DIE Lunæ, 14^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Chandos's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting Part of the settled Estates of the most Noble Henry Duke of Chandos in Trustees, for raising Money, to discharge Encumbrances affecting other Parts thereof, and for Payment of his Debts; and for securing an Equivalent to the Right Honourable James Brydges, called Marquis of Carnarvon, an Infant, and his Issue; and for raising, at Twenty-one or Marriage, the Portion charged on the said settled Estates for the Lady Caroline Brydges, only Daughter of the said Duke; and for securing to her the Interest thereof in the mean Time."

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

It was Resolved in the Affirmative.

Lechmere's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for Sale of the Estate late of Richard Lechmere Junior and Anne his Wife, in the County of Essex, pursuant to Articles entered into for the Purchase thereof; and for applying the Money arising by such Sale for dis charging Encumbrances affecting the said Estate; and for other Purposes therein mentioned."

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

It was Resolved in the Affirmative.

Message to H. C. with the preceding Bills.

A Message was sent to the House of Commons, by Mr. Holford and Mr. Edwards:

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

Gloucester Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned; and for making the said Act more effectual."

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

Their Lordships, or any Five of them; to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

E. Plimouth's Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, "An Act to empower the Guardians of the Earl of Plimouth, an Infant, to make Leases of his Estate in the County of Glamorgan, during his Minority," 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.

Wednesfield Chapel, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for founding and building a Chapel in Wednesfield, in the Parish of Wolverhampton, in the County of Stafford," 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 several 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.

Pellet takes the Oaths.

John Baptist Pellet took the Oaths appointed, in order to his Naturalization.

Swearing, to prevent, Bill.

Whereas this Day was appointed, for receiving the Report of the Amendments made by the Committee of the whole House to (fn. 1) whom the Bill, intituled, "An Act more effectually to prevent profane Cursing and Swearing," was committed:

It is Ordered, That the Report of the said Amendments be received on Friday next.

Lady Lake against the Representatives of Mason:

This Day being appointed, for hearing Counsel, upon the Matter of 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 an Appeal of Charles Mason Esquire, since deceased, from Part of a Decree of the Court of Chancery, made the 9th of December 1713, whereunto the said Sir Bibye Lake and others were Respondents, whereby an Account was directed to be taken, by the Master, of Transactions between the Parties in that Cause; which said Appeal was heard the 10th Day of May 1717; and, by the Order and Judgement of this House then made, it was directed, "That, when the Account should be taken, and a Report of the Master made thereupon, and confirmed, the Parties were to resort back to this House, for their Lordships further Directions;" and praying, "In regard a Report has been accordingly made to the said Court, and confirmed, that the Petitioner might have such Relief as to this House in their great Wisdom should seem meet:" As also upon the Answer of Alice Mason, Widow, Executrix, and Devisee, of the said Charles Mason, and His Majesty's Attorney General, put in to the said Petition:

Counsel appeared for the Petitioner; but none for the Respondents to the said Petition.

Who being accordingly heard; and the said Decree in Chancery, the Judgement of this House upon the said Appeal, the Report of the Master, and the Order of the said Court of Chancery confirming the same, read:

Decree in Chancery affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree of the said Court of Chancery, of the 9th of December 1713, as is complained of in the said Appeal, be, and the same is hereby, affirmed.

Enrolment of Deeds, &c. made by Papists, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

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

Pellet's Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist Pellet."

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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Martis, decimum (fn. 2) quintum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 15^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gloucester Roads, Bill.

The Duke of Beaufort reported from the Lords Committees to whom the Bill, intituled, "An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned; and for making the said Act more effectual," 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."

Pellet, Nat. Bill.

The same Duke made the like Report from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Baptist Pellet," was committed.

Ordered, That the said Bill be engrossed.

Wednesfield Chapel, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for founding and building a Chapel in Wednesfield, in the Parish of Wolverhampton, in the County of Stafford."

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

It was Resolved in the Affirmative.

E. Plimouth's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to empower the Guardians of the Earl of Plimouth, an Infant, to make Leases of his Estate in the County of Glamorgan, during his Minority."

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. Holford and Mr. Sawyer:

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

Pawnbrokers regulating, Bill.

The Order being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the better regulating of Pawnbrokers."

Ordered, That the House be put into a Committee thereupon, on this Day Sevennight.

Enrolment of Deeds, &c. made by Papists, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

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 & in diem Veneris, decimum octavum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.

DIE Veneris, 18^o Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Linden, Leave for a Bill:

Upon reading the Petition of Diederick Wessell Linden Doctor in Physick; praying Leave to bring in a Bill, for his Naturalization:

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

Bill read.

Accordingly, the Earl of Warwick presented to the House a Bill, intituled, "An Act for naturalizing Diederick Wessell Linden."

And the same was read the First Time.

Suspected Persons securing, Bill.

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

With a Bill, intituled, "An Act for continuing an Act of this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" to which they desire the Concurrence of this House.

The said Bill was Twice read.

Ordered, That the same be read the Third Time To-morrow.

Messages from H. C. to return the D. of Leeds's Bill:

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

To return the Bill, intituled, "An Act for Sale of Part of the Estate of Thomas Duke of Leeds; and for applying Part of the Money arising thereby in the Payment of certain Debts owing by him, and the Residue in Discharge of Encumbrances affecting the rest of the said Duke's settled Estates; and for securing an Equivalent to his Issue Male, in respect of what should be so applied in Payment of the said Debts;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Wright's Bill.

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

To return the Bill, intituled, "An Act for vesting the Real and Leasehold Estates late of Edward Wright Esquire, deceased, in Trustees, to be sold, for Payment of his Debts and other Purposes;" and to acquaint this House, that they have agreed to the same, with One Amendment, whereunto they desire their Lordships Concurrence.

The said Amendment, being read Thrice, was agreed to.

And a Message was sent to the House of Commons, by Mr. Edwards and Mr. Sawyer, to acquaint them therewith.

Enrolment of Deeds, &c. made by Papists, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

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

It was Resolved in the Affirmative.

Gloucester Road, Bill;

Hodie 3^a vice lecta est Billa, intituled, "An Act for enlarging the Term and Powers granted by an Act, passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned; and for making the said Act more effectual."

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 Two preceding Bills.

And Messages were severally ordered to be sent to the House of Commons, by the former Messengers:

To acquaint them, that the Lords have agreed to the Two last mentioned Bills, without any Amendment.

Swearing to prevent, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act more effectually to prevent profane Cursing and Swearing," was committed, the Amendments made by the Committee to the said Bill.

And the same, being read Twice by the Clerk, were agreed to by the House; and are as follow; (videlicet,)

"Press 1. Line 7. After ["punished"], insert ["they"].

"Line ult. Leave out ["if a Third Time"], and insert ["for every other Offence after a Second Conviction"].

"Press 2. L. 1. Leave out ["inflicted and"].

"L. 40 and 41. Leave out ["or either"].

"L. ult. Leave out ["or"]; and after ["Tythingman"], insert ["or other Peace Officer"].

"Pr. 6. L. 4 and 5. Leave out ["contrary to the true Intent and Meaning of this Act"].

"Pr. 7. L. 20. After ["Act"], insert ["which Charges shall be settled and ascertained by the Justice of Peace, Mayor, Bailiff, or other Chief Magistrate, before whom such Conviction shall be made"].

"Line 22. After ["Expenses"], insert ["or give Security for the same, to the Satisfaction of such Justice of the Peace, Mayor, Bailiff, or other Chief Magistrate"].

"Pr. 8. L. 5. After ["Statute"], insert ["herein before or herein after mentioned"].

"L. 13. After ["Morning"], insert ["or Evening"].

"L. 17. After ["Year"], insert ["or in case Divine Service shall not be performed in any such Church or Chapel on any of the Sundays before mentioned, then upon the First Sunday after any of the said Quarterly Days on which Divine Service shall happen to be performed in any such Church or Chapel"].

"L. 32. Leave out ["May"], and instead thereof insert ["June."]."

Pellet, Nat. Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for naturalizing John Baptist Pellet."

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 the former Messengers:

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

Manners, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Anne Manners Widow; 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 1^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tenements, in the County of Northumberland, late the Estate of John Manners Gentleman, deceased, in Trustees, to enable them to make an effectual Conveyance thereof to the Purchasers under a Decree of the Court of Chancery, for the Purposes therein mentioned."

Adjourn.

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

DIE Sabbati, 19^o Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

PRAYERS.

Suspected Persons securing, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for continuing an Act of this present Session of Parliament, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

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. Holford and Mr. Bennett:

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

Swearing to prevent, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act more effectually to prevent profane Cursing and Swearing."

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 the former Messengers:

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.

Bennet, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of Thomas Bennett 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 1^a vice lecta est Billa, intituled, "An Act for Sale of divers Lands and Hereditaments, in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennett Esquire, in order to raise a Sum of Money in present for their Portions, as an Equivalent for their Reversionary Interest in the said Estates, expectant on the Death of their Father."

Manners's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for vesting divers Lands and Tenements, in the County of Northumberland, late the Estate of John Manners Gentleman, deceased, in Trustees, to enable them to make an effectual Conveyance thereof to the Purchasers under a Decree of the Court of Chancery, for the Purposes therein mentioned."

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

Their Lordships, or any Five of them; to meet on Monday the 5th Day of May next, at the usual Time and Place; and to adjourn as they please.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; 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:

The Clerk of the Crown read the Titles of the Bills ready for the Royal Assent, as follow; (videlicet,)

Bills passed.

"1. An Act for continuing an Act of this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government."

"2. An Act for allowing further Time for Enrolment of Deeds and Wills made by Papists; and for Relief of Protestant Purchasers, Devisees, and Lessees."

"3. An Act for enlarging the Term and Powers granted by an Act passed in the Twelfth Year of the Reign of His late Majesty King George the First, for repairing the Road from the City of Gloucester to Stone, and other Roads therein mentioned; and for making the said Act more essectual."

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

"Le Roy le veult."

"4. An Act for Sale of Part of the Estate of Thomas Duke of Leeds; and for applying Part of the Money arising thereby in the Payment of certain Debts owing by him, and the Residue in Discharge of Encumbrances affecting the rest of the said Duke's settled Estates; and for securing an Equivalent to his Issue Male, in respect of what should be so applied in Payment of the said Debts."

"5. An Act for vesting in Simon Lord Viscount Harcourt certain Lands in Ducklington, in the County of Oxford, discharged from the Trusts limited in the Marriage Settlement of George Hart with Susanna his now Wife; and for purchasing other Lands, to be settled in Lieu thereof."

"6. An Act for vesting the Real and Leasehold Estates late of Edward Wright Esquire, deceased, in Trustees, to be sold, for Payment of his Debts, and other Purposes."

"7. An Act to enable Henry Crabb and his Heirs Male to take and use the Surname of Boulton, pursuant to the Will of Richard Boulton Esquire, deceased."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire.

And the Commons withdrew.

Adjourn.

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