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

July 1746, 1-10

DIE Martis, 1^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sinking Fund, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty-six; and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Receipts, Annuity Orders, or other Orders, lost, burnt, or otherwise destroyed."

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."

Insurance on Ships, Bill.

The like Proceeding was had, in relation to the Bill, intituled, "An Act to regulare Insurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon."

Offenders against the Laws of Customs or Excise, punishing, Bill.

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

With a Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for Relief of Of sicers of the Customs, in Informations upon Seizures;" to which they desire the Concurrence of this House.

The said Bill, was read the First Time.

Ordered, That the same be printed.

Episcopal Ministers in Scotland to qualify themselves, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee again on the Bill, intituled, "An Act more effectually to prohibit and prevent Pastors and Ministers from officiating in Episcopal Meeting-houses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate."

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 will be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow.

Adjourn.

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

DIE Mercurii, 2^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Porten & al. for Exchange of Lands with Van Neck, Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of James Porten 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 1^a vice lecta est Billa, intituled, "An Act for the Exchange of and Estate in Putney, in the County of Surrey, held in Trust for Charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses."

Difficulty, in summoning their Royal Highnesses, obviated.

The Lord Chancellor acquainted the House with a Difficulty occurring, in respect to the Style of the Letter of Summons, directed, by their Lordships Order of the 27th of June last, to be wrote by him to the Peers, requiring their Attendance at the Trials of the Lords lately indicted of High Treason.

It is thereupon Ordered, That, notwithstanding the said Order, his Lordship, in his Letters to his Royal Highness the Prince of Wales and his Royal Highness the Duke of Cumberland, do only acquaint their Royal Highnesses with the Times appointed for the said Trials respectively; and that their Royal Highnesses Presence, at the said Trials, is desired by the House.

Episcopal Ministers in Scotland to qualify themselves, 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 prohibit and prevent Pastors and Ministers from officiating in Episcopal Meeting-houses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate," was committed, the Amendments made by the Committee to the said Bill.

And the same, were read by the Clerk.

And the said Amendments, being read a Second Time, were with an Amendment to One of them, agreed to by the House; and other Amendments were made, by the House, to the Bill.

Ordered, That the said Bill, with the Amendments, be engrossed.

Insurance on Ships, Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act to regulate Insurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon."

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. Elde and Mr. Thurston:

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

Coals, to prevent Frauds in the Ameasurement of Bill.

A Message was brought from the House of Commons, by the Lords Percival and others:

With a Bill, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the same be printed.

Adjourn.

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

DIE Jovis, 3^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Porten & al. for Exchange of Lands with Van Neck, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for Charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for the Payment of a Sum of Money to the Trustees, to be applied to the like Uses."

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 Friday the 18th Instant, at the usual Time and Place; and to adjourn as they please.

Offenders against the Laws of Customs or Excise, punishing, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Desiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures."

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

Adjourn.

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

DIE Veneris, 4^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Dartmouth takes the Oaths.

William Earl of Dartmouth took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Porten & al. to exchange Lands with Van Neck, Bill:

Ordered, That all the Lords which shall be this Day present, and that are not of the Committee to whom the Bill, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for Charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses," stands committed, be added thereunto.

Motion to shorten the Time of meeting of the Committee.

The House being moved, "That the Standing Order, requiring Fourteen Days Notice to be given of the Meeting of Committees on Private Bills, may be so far dispensed with, as that the said Committee may meet on an earlier Day than now appointed, in regard the Session is far advanced:"

Ordered, That the said Motion be taken into Consideration on Monday next; and the Lords to be summoned.

Committee on Trials of Peers revived.

Ordered, That the Committee, appointed to inspect the Journals of this House, upon former Trials of Peers in Capital Cases, and to consider of the proper Methods of proceeding, in order to bring William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason, to a speedy Trial, be revived; and meet at the usual Time and Place, on Monday next; and adjourn from Time to Time, as they please.

Goostrey against Nonnen, in Error.

A Petition of William Goostrey Plaintiff and Bernard Nonnen Defendant, in a Writ of Error depending in this House, was presented and read; praying, "In regard the Petitioners have come to an Agreement between themselves; that the Judgement of Affirmance of the Court of King's Bench, affirming a Judgement of the Court of Common Pleas, may be affirmed by this House, and the Record remitted."

And thereupon the Agents for the Petitioners being called in, and heard at the Bar; and withdrawn:

Ordered, That this House will hear One Counsel of a Side, on the Matter of the said Petition, on Wednesday next.

Naval Stores imported in neutral Ships, Bill.

A Message was brought from the House of Commons, by the Lord Barrington and others:

With a Bill, intituled, "An Act to allow the Purchase, for His Majesty's Use, of Naval Stores brought into this Kingdom, on Board Neutral Ships, by any of His Majesty's Ships; and to allow such Stores to be landed and entered, during the Continuance of the present Wars with France and Spain, or either of them;" 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 Lunæ, septimum diem instantis Julii, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 7^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Porten to exchange Lands with Van Neck, Bill.

The Order of the Day being read, for taking into Consideration the Motion made Yesterday, for dispensing with the Standing Order of this House, requiring Fourteen Days Notice to be given of (fn. 1) the Meeting of Committees on Private Bills, so that the Committee to whom the Bill, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for Charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses," stands committed, may meet on an earlier Day than was at first appointed, in regard the Session of Parliament is very far advanced:

And Consideration being had thereof accordingly:

Ordered, That the said Standing Order be so far dispensed with, as that the said Committee may meet, to consider of the said Bill, on Thursday next.

Frauds in the Admeasurement of Coats, to prevent, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjourning thereto, and the several Parishes of Saint Giles's in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holbourn as lies in the County of Middlesex."

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

E. Kilmarnock's Solicitor assigned.

Upon reading the Petition of William Earl of Kilmarnock, now a Prisoner in The Tower of London; praying, "In regard he has Notice given him that his Trial is appointed upon the 28th Day of this Present July, that their Lordships will please to appoint Mr. George Ross to be his Solicitor."

It is Ordered, That the said George Ross be assigned Solicitor for the Petitioner, as desired; and that he may have Access to him at all seasonable Times.

E. Cromertie's Solicitor assigned.

Upon reading the Petition of George Earl of Cromertie, now a Prisoner in The Tower of London; praying, "That this House will be pleased to appoint Mr. Adam Gordon, Attorney at Law, to be his Solicitor."

It is Ordered, That the said Adam Gordon be assigned Solicitor for the Petitioner, as desired; and that he may have Access to him at all seasonable Times.

Naval Stores imported in neutral Ships, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to allow the Purchase, for His Majesty's Use, of Naval Stores, brought into this Kingdom on Board Neutral Ships, by any of His Majesty's Ships; and to allow such Stores to be landed and entered, during the Continuance of the present War with France and Spain, or either of them."

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

Adjourn.

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

DIE Martis, 8^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report of Committee for Trials.

The Lord Monson reported from the Lords Committees appointed to inspect the Journals of this House, upon former Trials of Peers, in Capital Cases; and to consider of the proper Methods of proceeding, in order to bring William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason, to a speedy Trial: "That they had again met, and taken into further Consideration the Matter to them referred; and were come to the following Resolutions; (videlicet,)

"1. That it is the Opinion of the Committee, That all the Lords who shall attend the said Trials do attend the House, to take the Oaths, in order to their sitting and voting upon such Trials, on the Thursday and Friday next preceding the Day appointed for the said Trials.

"2. That it is the Opinion of the Committee, That the said Resolution be printed and published in The London Gazette."

Which, being read Twice by the Clerk, were agreed to by the House; and ordered accordingly.

Bennett's Bill:

The House proceeded to take into Consideration the Amendments made by the Commons to the Bill, intituled, "An Act for Sale of divers Lands and Hereditaments, in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennet 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."

And the same were Twice read.

And, being read the Third Time, were severally agreed to, to that in the 12th Line of the 13th Press; which was, to add Valens Comyn and Thomas Lane, as Trustees, to the Two others named in the Bill.

Whereupon the said Valens Comyn and Thomas Lane were called in.

And having, at the Bar, declared their Willingness to accept the Trust reposed in them thereby:

They were directed to withdraw.

Then that Amendment, as also the Residue of those made by the Commons, were read the Third Time, and severally agreed to.

Messages to H. C. that the Lords agree to Amendments to it.

And a Message was sent to the House of Commons, by Mr. Burroughs and Mr. Allen:

To acquaint them, that the Lords have agreed to their Amendments made to the said Bill.

Coals, Admeasurement Bill, Counsel to be heard against it.

Upon reading the Petition of the Inhabitants of the City and Liberty of Westminster, whose Names are thereunto subscribed; praying, "In regard they conceive they may be greatly aggrieved by the Bill depending in this House, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex," should the same pass into a Law; that they may be at Liberty to be heard, by their Counsel, against the same:"

It is Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill stands committed; and that the Petitioners may be heard, by their Counsel, as desired; as may Counsel also be heard for the said Bill, at the same Time.

Phipps's Petition against E. Anglesey, for Waiver of Privilege.

Ordered, That the Committee of Privileges, to whom the Petition of Constantine Phipps Esquire, praying, "That Richard Earl of Anglesey may not be permitted to insist on his Privilege, in a Suit between the Petitioner and the said Earl," stands referred, do meet, and consider of the said Petition, together with his Lordship's Answer put in thereunto, on Monday the 21st Day of this Instant July.

Offenders against the Laws of Customs or Excise, to punish, Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures."

Ordered, That the House be put into a Committee upon the said Bill, To-morrow.

Adjourn.

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

DIE Mercurii, 9^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Goostrey against Nonnen, in Error:

This Day being appointed, for hearing One Counsel of a Side, on the Matter of the Petition of William Goostrey Plaintiff, and Bernard Nonnen Defendant, in a Writ of Error brought into this House the 9th of May last; praying, "That their Lordships will affirm the Judgement of the Court of King's Bench, affirming a Judgement of the Court of Common Pleas:"

Counsel were accordingly called in.

And the Counsel for the Plaintiff acquainted the House, "That the Parties were come to an Agreement, as expressed in the said Petition; and were desirous the said Judgement might be affirmed, without Costs."

Whereupon the Counsel for the Defendant also acquainting the House, "That he did consent to what was proposed by the Plaintiff's Counsel:"

And being withdrawn:

Judgement affirmed, by Consent.

It is thereupon Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, by Consent of the Counsel on both Sides, That the Judgement given in the Court of King's Bench, affirming the Judgement of the Court of Common Pleas, be affirmed, without Costs; and that the Record be remitted.

The Tenor of which Judgement to be affixed to the Transcript of the Report to be remitted, is as follows; (videlicet,)

"But because the Court of the said Lord the King, before the King Himself in His Parliament, is not advised to give Judgement of and upon the Premises, a Day is given to the said Parties, to be before the said Lord the King, in His Parliament here, until Wednesday, (to wit,) the Ninth Day of July next coming, wheresoever &c. and for hearing Judgement thereon; for that the Court of the said Lord the King, in His Parliament here, is not yet advised, &c.; at which Day come before the said Court of Parliament at Westminster aforesaid, as well the said William Goostrey by his Attorney aforesaid, as the said Bernard Nonnen in his proper Person; upon which, the Premises being considered, and by the said Court of Parliament here fully understood, and as well the Record and Proceedings aforesaid, and the Judgement thereupon given in the Court of Common Pleas, and the Affirmance thereof in the Court of our Lord the King before the King Himself, as the Causes and Matters aforesaid above assigned and alledged for Error, being diligently examined, and mature Deliberation had thereon, it seemeth to the said Court of Parliament now here, that neither in the Record and Proceedings aforesaid, nor in the giving of the Judgement aforesaid, nor in the Affirmance of the said Judgement, there is not any Error, and that the said Record is not in any wise vicious or defective: Therefore it is considered by the same Court of Parliament aforesaid, by the Consent of the said Parties, that the Judgement aforesaid, and also the Affirmance of the same Judgement, in all Things be affirmed, and stand in their full Force and Effect (the Causes above assigned for Error notwithstanding); and hereupon the Record aforesaid, and the Proceedings aforesaid in the same Court of Parliament had in the Premises, by the same Court of Parliament, to the Court of the said Lord the King before the King Himself wheresoever &c. are remitted, &c."

Coals, Admeasurement, &c. Bill:

Whereas To-morrow is appointed, for the House to be in a Committee upon the Bill, intituled, "An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles's in the Fields, St. Mary lebon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex;" and for hearing Counsel as well for as against the same:

Witnesses to attend.

Ordered, That the House be put into a Committee thereupon, on Tuesday next; and that Thomas Paulin, Robert Schriven, Stephen Cope, John Nind, John Smallman, Mountague, Charles Gresham, and George Blakiston, do then attend, as Witnesses in relation to the said Bill.

Ld. Balmerino, Solicitor assigned him.

Upon reading the Petition of Arthur Lord Balmerino; praying, "That this House will appoint Mr. George Ross to be his Solicitor:"

It is Ordered, That the said George Ross be assigned Solicitor for the Petitioner, as desired; and that he may have Access to him at all seasonable Times.

Offenders against the Laws of Customs or Excise, punishing, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws; upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures."

Ordered, That the House be put into a Committee thereupon, To-morrow.

Evans against Blood:

The House being informed, "That Mr. Kearan attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Richard Evans Gentleman is Appellant, and William Blood and others are Respondents:"

Pleadings proved.

He was called in; and delivered, at the Bar, the said Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies, he having examined them with the Originals in the proper Offices in Ireland."

And then he was directed to withdraw.

Adjourn.

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

DIE Jovis, 10^o Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Report of Rules for the Trials of the Peers to be received.

The Lord Monson acquainted the House, "That the Committee appointed to inspect the Journals of this House, upon former Trials of Peers, in Capital Cases; and to consider what is further proper to be done, in order to the Trials of William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted for High Treason; (fn. 2) that the said Committee had agreed upon a Report; which he was directed to make to the House, when their Lordships will please to receive it."

Ordered, That the said Report be received Tomorrow; and the Lords to be summoned."

Offenders against the Laws of Customs, &c. to punish Bill.

The Order of the Day being read, for the House to be in a Committee upon the Bill, intituled, "An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise, and for indemnifying Offenders against those Laws; upon the Terms in this Act mentioned; and for Relief of Officers of the Customs, in Informations upon Seizures:"

Ordered, That the House be put into a Committee thereupon, To-morrow.

Naval Stores imported in Neutral Ships, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to allow the Purchase, for His Majesty's Use, of Naval Stores brought into this Kingdom on Board Neutral Ships, by any of His Majesty's Ships; and to allow such Stores to be landed and entered during the Continuance of the present Wars with France and Spain, or either of them."

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."

Porten & al. to exchange Lands with Van Neck, Bill.

The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford, and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses," 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.

Adjourn.

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