Journal of the House of Lords Volume 26, 1741-1746. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 26: February 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol26/pp49-54 [accessed 23 December 2024].
'House of Lords Journal Volume 26: February 1742, 1-10', in Journal of the House of Lords Volume 26, 1741-1746( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol26/pp49-54.
"House of Lords Journal Volume 26: February 1742, 1-10". Journal of the House of Lords Volume 26, 1741-1746. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol26/pp49-54.
In this section
February 1742, 1-10
DIE Lunæ, 1o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Fortytwo."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Act relating to public Roads, in Part repealing, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to repeal so much of an Act, passed in the last Session of Parliament, intituled, "An Act for the Preservation of the public Roads, in that Part of Great Britain called England," as obliges Persons not travelling for Hire, to make Use of Waggons with Wheels bound with Streaks, or Tyre, of a certain Breadth, or the said Streaks to be fastened with Nails of a certain Size.
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
Popham to take the Name of Luscombe, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Alexander Popham Esquire, and his Heirs, to take and use the Surname of Luscombe, according to the Directions of the last Will and Testament of Richard Luscombe Esquire, deceased."
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.
Thanks to the Bishop of Landaff, for his Sermon.
Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Landaff, for the Sermon by him preached before this House, on Saturday last, in the Abbey Church, Westminster; and he is hereby desired to cause the same to be printed and published.
Gohl & al. Nat. Bill.
The Earl of Sandwich reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing John Christoph Gohl and Hans Bardewieck," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they found to be true; and had considered the Petition to them referred, and gone through the Bill, and made several Amendments thereunto."
Which, being read Twice by the Clerk, were agreed to by the House.
The King's Answer to Address about Minorca.
The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, of Thursday last; and that His Majesty was pleased to return the following Answer; (videlicet,)
"That His Majesty has the greatest Regard to the Safety of the Island of Minorca, and will give the strictest Orders that what is desired by this Address may be complied with."
Bluett to take the Name of Nutcombe, Leave for a Bill:
Upon reading the Petition of Buckland Nutcombe Bluett Esquire, formerly called Buckland Bluett; praying Leave to bring in a Bill, for confirming on the Petitioner and his Heirs the Surname of Nutcombe, in Pursuance of a Proviso contained in a Settlement made by Richard Nutcombe, of Clehanger, in the County of Devon, Esquire, deceased.
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 to enable Buckland Bluett Esquire, and his Heirs, to take and use the Surname of Nutcombe, according to the Settlement made by Richard Nutcombe Esquire, deceased."
E. Godolphin, Leave for a Bill:
After reading, and considering, the Report of the Judges to whom was referred the Petition of Francis Earl Godolphin; 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 1ma vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Indenture between the Right Honourable Francis Earl Godolphin, and the Dean and Chapter of Ely, for making a Partition and Division of a certain Heath, or Heath-ground, in the County of Cambridge; and for rendering the same Agreement and Indenture more effectual, for the Purposes therein mentioned."
Merchants Petition, Consideration put off.
Whereas Wednesday next is appointed, for taking into Consideration the Petition of divers Merchants and Traders, on Behalf of themselves and the Trade of these Kingdoms; and also a Petition of the Lord Mayor, Aldermen, and Commons, in Common Council assembled, in relation to the same Matter; and to hear the Merchants upon their Petition:
It is Ordered, That the Consideration of the said Petitions, and Hearing, be put off to Wednesday Sevennight next.
Report to His Majesty by Commissioners Admiralty to be brought.
Ordered, That an humble Address be presented to His Majesty, "That He will be graciously pleased to give Directions, that there be laid before this House, a Copy of the Report of the Commissioners for executing the Office of Lord High Admiral of Great Britain, to His Majesty in Council, upon the Petition of the Merchants, relating to their Losses during the War."
Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.
State of the Nation.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the State of the Nation.
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had made a further Progress in the Matter under their Consideration."
Ordered, That the House be put into a Committee, to take into further Consideration the State of the Nation, To-morrow.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Martis, 2o Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Udney against Spence.
The Answer of John Spence Common Clerk of the Borough of Brechin, to the Appeal of Alexander Udney Esquire, was brought in.
Popham to take the Name of Luscombe, Bill.
The Earl of Warwick reported from the Lords Committees to whom the Bill, intituled, "An Act to enable Alexander Popham Esquire, and his Heirs, to take and use the Surname of Luscombe, according to the Direction of the last Will and Testament of Richard Luscombe Esquire deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which they 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."
Report from Commissioners of Greenwich Hospital, delivered.
The House being informed, "That a Person from the Commissioners of Greenwich Hospital attended:"
He was called in; and delivered, at the Bar, pursuant to an Act passed in the Eighth Year of His present Majesty, for the Application of the Rents and Profits of the Estates forfeited by the Attainder of the late Earl of Derwentwater,
"A Report of the said Commissioners, as to what Money has been received from the Derwentwater Estate, in the Year 1741; and of their Proceedings in carrying on the Building."
And then he withdrew.
And the Title of the said Report being read:
Ordered, That the same do lie on the Table.
E. Godolphin's Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act for confirming and establishing certain Articles of Agreement, and an Indenture, between the Right Honourable Francis Earl Godolphin and the Dean and Chapter of Ely, for making a Partition and Division of a certain Heath, or Heath-ground, in the County of Cambridge; and for rendering the same Agreement and Indenture more effectual, 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 Wednesday the 17th Instant, at the usual Time and Place; and to adjourn as they please.
Bluet to take the Name of Nutcombe, Bill.
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Buckland Bluett Esquire and his Heirs to take and use the Surname of Nutcombe, according to the Settlement made by Richard Nutcombe Esquire, deceased."
Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them; to meet on Friday next, at the usual Time and Place; and to adjourn as they please.
Gohl & al. Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing John Christoph Gohl and Hans Bardewieck."
The Question was put, "Whether this Bill, with the Amendments, 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. Edwards and Mr. Spicer:
To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.
Denham against Stewart.
Upon reading the Petition and Appeal of Alexander Denham of Westshiell Esquire; complaining of several Interlocutors of the Lords of Session in Scotland, of the 13th of July 1737, the 13th July 1739, and the 19th of January last, made on the Behalf of Alexander Stewart; and praying, "That the same may be reversed; and that the Appellant may have such Relief as to their Lordships in their great Wisdom shall seem meet:"
It is Ordered, That the said Alexander Stewart may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 2d Day of March next; and that Service of this Order on his Procurators or Agents before the Court of Session be deemed good Service.
His Majesty's Answer to Address for the Admiralty Report.
The Lord Steward reported, "That the Lords with White Staves had (according to Order) presented to His Majesty the Address of this House, Yesterday, for a Copy of the Report of the Commissioners of the Admiralty to His Majesty in Council, upon the Petition of the Merchants, relating to their Losses during the War; and that His Majesty had been pleased to give Order, that a Copy of the said Report be laid before this House accordingly."
Malt Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-two."
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."
Public Roads, Act relating to in Part repealing, Bill.
The like Proceeding was had, upon the Bill, intituled, An Act to repeal so much of an Act passed in the last Session of Parliament, intituled, "An Act for the Preservation of the Public Roads, in that Part of Great Britain called England," as obliges Persons, not travelling for Hire, to make Use of Waggons with Wheels bound with Streaks, or Tyre, of a certain Breadth, or the said Streaks to be fastened with Nails of a certain Size."
Udney against Spence.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Alexander Udney Esquire is Appellant, and John Spence Respondent:"
It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the 17th Day of this Instant February.
Lauder peremptorily to answer Anderson's Appeal.
The House was informed, "That Charles Lauder had not put in his Answer to the Appeal of George Anderson Merchant in Haddington, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of Henry Balcanquall Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Charles Lauder do peremptorily put in his Answer to the said Appeal in a Week.
State of the Nation.
The House (according to Order) was adjourned during Pleasure, and put into a Committee, to take into further Consideration the State of the Nation.
After some Time, the House was resumed.
And the Earl of Warwick reported from the said Committee, "That they had made a further Progress in the Matter under their Consideration."
Ordered, That the House be put into a Committee again, to take into further Consideration the State of the Nation, on Thursday next.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 3o Februarii.
REX.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
PRAYERS.
Malt Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-two."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Public Roads, Act relating to in Part repealing, Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act to repeal so much of an Act passed in the last Session of Parliament, intituled, "An Act for the Preservation of the Public Roads, in that Part of Great Britain called England," as obliges Persons not travelling for Hire to make Use of Waggons with Wheels bound with Streaks, or Tyre, of a certain Breadth, or the said Streaks to be fastened with Nails of a certain Size."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Popham's Bill:
Hodie 2a vice lecta est Billa, intituled, "An Act to enable Alexander Popham Esquire, and his Heirs, to take and use the Surname of Luscombe, according to the Direction of the last Will and Testament of Richard Luscombe Esquire, deceased."
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 Mr. Elde and Mr. Sawyer:
To acquaint them, that the Lords have agreed to the above mentioned Bills, without any Amendment.
Message from thence to return Gohl & al. Nat. Bill.
A Message was brought from the House of Commons, by Sir James Grant and others:
To return the Bill, intituled, "An Act for naturalizing John Christoph Gohl and Hans Bardewieck;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.
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 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 Malt Bill, 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 continuing the Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called England; and for granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, in that Part of Great Britain called Scotland; for the Service of the Year One Thousand Seven Hundred and Forty-two."
To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)
"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."
"2. An Act to repeal so much of an Act passed in the last Session of Parliament, intituled, "An Act for the Preservation of the Public Roads in that Part of Great Britain called England," as obliges Persons not travelling for Hire, to make Use of Waggons with Wheels bound with Streaks, or Tyre, of a certain Breadth, or the said Streaks to be fastened with Nails of a certain Size."
To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)
"Le Roy le veult."
"3. An Act to enable Alexander Popham Esquire, and his Heirs, to take and use the Surname of Luscombe, according to the Direction of the last Will and Testament of Richard Luscombe Esquire, deceased."
"4. An Act for naturalizing John Christoph Gohl and Hans Bardewieck and others."
To these Bills the Royal Assent was pronounced, in these Words; (videlicet,)
"Soit fait comme il est desiré."
Both Houses directed to adjourn.
Then the Lord Chancellor, receiving His Majesty's Commands, and being returned to his former Place, said.
"My Lords, and Gentlemen,
"It is His Majesty's Pleasure, that both Houses of Parliament do forthwith severally adjourn themselves to Thursday the 18th Day of this Instant February."
Then His Majesty was pleased to retire.
And the Commons returned to their House.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.