Journal of the House of Lords Volume 23, 1727-1731. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
January 1726, 1-10
JOURNALS of the HOUSE of LORDS.
Anno 13o Georgii Regis.
DIE Martis, Decimo Septimo Januarii, 1726.
DIE Martis, Decimo Septimo Januarii, 1726, Annoque Regni Serenissimi Domini Georgii, Dei Gratia, Magnæ Britanniæ, Franciæ, & Hiberniæ Regis, Fidei Defensoris, &c. Decimo Tertio, in quem Diem hæc Quinta Sessio Parliamenti, per separales Prorogationes, continuatum fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ, apud Westmonaster. convenere Domini tam Spirituales quam Temporales quorum Nomina subscribuntur, & præsentes fuerunt:
His Majesty, being seated on His Royal 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 Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, they attend Him immediately, in this House."
Who being come, with their Speaker; the Lord Chancellor, on his Knee, received Directions from His Majesty (who at the same Time delivered a Paper into his Lordship's Hand); and, being returned to his Place at His Majesty's Right Hand, His Majesty spake as follows:
His Majesty's Speech.
"I acquainted you last Year with the Treaties of Peace and Commerce concluded between the Emperor and the King of Spain: As that sudden and unaccountable Conjunction gave, at the First Appearance, just Grounds of Jealousy and Apprehension to the neighbouring Powers of Europe; the subsequent Proceedings and Transactions in those Two Courts, and the secret and offensive Alliances concluded between them about the same Time, have laid the Foundations of a most exorbitant and formidable Power; and are so directly leveled against the most valuable and darling Interests and Privileges of this Nation, that we must determine either tamely to submit to the peremptory and unjust Demands of the King of Spain in giving up Gibraltar, and patiently to acquiesce in the Emperor's usurped and extended Exercise of Trade and Commerce; or must resolve to be in a Condition to do ourselves Justice, and to defend our undoubted Rights against these reciprocal Engagements entered into, in Defiance and Violation of all National Faith, and the most solemn Treaties.
"I have likewise received Informations from different Parts, on which I can entirely depend, that the placing the Pretender upon the Throne of this Kingdom is One of the Articles of the Secret Engagements; and if Time shall evince that the giving up the Trade of this Nation to one Power, and Gibraltar and Port Mahon to another, is made the Price and Reward of imposing upon this Kingdom a Popish Pretender, what an Indignation must this raise in the Breast of every Protestant Briton!
"Nor were these fatal Combinations confined to those Parts of the World alone, but they extended themselves into Russia; and, had not the Designs of that Court against some of their Neighbours been prevented by the seasonable Arrival of our Fleet in those Seas, a Way had been opened for invading these Kingdoms, and giving a powerful Assistance to any Attempt to be made from other Quarters.
"Such Circumstances would not suffer Me and My Allies, among whom there has been and is the most perfect Harmony, Union, and Concert, to be idle Spectators, and regardless of our own Safety and the common Cause of Europe; for which Purpose, His most Christian Majesty has been at a great Expence this last Year in augmenting His Forces; and The States General, sensible of the imminent Danger, have not only acceded to the Defensive Alliance concluded at Hanover, but have come to strong and seasonable Resolutions for an extraordinary Augmentation of their Forces, both by Sea and Land. The Accession of the Crown of Sweden is in such a Forwardness, and the Negotiations with the Crown of Denmark are so far advanced, that we may reasonably depend upon the Success and good Effect of them.
"This short View of the present Posture of Affairs will, I am confident, not only secure to Me the Support and Assistance of My Parliament, in carrying on this great and necessary Work, in Conjunction with My Allies; but justify the Measures hitherto taken, and the Expences already made.
"The Confidence you reposed in Me last Year, has been made Use of for the Benefit of the Public: And as the chief Article of Exceedings has, by My equipping and sending to Sea Three considerable Squadrons, fallen upon the Head of the Navy; I am persuaded, the Necessity of the Services, and the Security, Advantage, and Glory, that has accrued to this Nation from those Squadrons, will sufficiently speak for themselves, as long as both Friends and Foes, with Joy or Concern, confess they have seen and felt the Effects of the Naval Power of Great Britain.
"It is not to be wondered at, that the Princes engaged in these Enterprizes are very much disturbed, to see their Projects rendered abortive. The King of Spain, impatient of the Disappointments He has met with, can no longer disguise that Enmity to us, which, for some Time, He has only waited for a favourable Opportunity to declare: He has now ordered His Minister residing here to depart immediately from this Country, leaving a Memorial that is little short of a Declaration of War; wherein He again demands, and insists upon, the Restitution of Gibraltar. He does not Himself deny the Offensive Alliance, nor His Engagements to support the Ostend Company: He makes My recalling those Squadrons, which His Conduct had put Me under a Necessity of sending to The West Indies and the Coast of Spain, the Condition of any farther Correspondence between the Two Crowns; and, supposing the Continuance of My Fleets Abroad to be actual Hostilities, threatens to repel them with Force, to the utmost of his Power.
"But, not content with these Menaces, Insults, and Infractions of Treaties, His Catholick Majesty is now making Preparations to attack and besiege Gibraltar; and, in order to carry on that Service, or to cover another Design, has assembled a great Body of Troops in that Neighbourhood: But as the present State and Condition of that Garrison, with the Reinforcements I have ordered thither, give Me little Cause to apprehend, or My Enemies to hope for, Success in that Undertaking; the certain and undoubted Intelligence I have, that it is now resolved to attempt an Invasion upon these Kingdoms, in Favour of the Pretender, by an Embarkation from the Coasts of Spain, gives Me Reason to believe, that, though the Siege of Gibraltar may probably be undertaken, the public, avowed, and immense Preparations, made for that Purpose, are chiefly calculated to amuse the World, and to disguise the intended Invasion; which, I am surely informed, has been for some Time agreed to be the First Step and Beginning of the long-premeditated Rupture.
"These Considerations must awaken in you all such a Sense of our common and immediate Danger, as will, I doubt not, inspire you with a Zeal and Chearfulness in raising the Supplies necessary for the Defence of your Country, and for making good our Engagements with our Allies. I received too much Satisfaction from the Happiness of My People, in their full Enjoyment and future Prospect of Peace, Ease, and Prosperity, not to be sensibly affected with these new Convulsions, and the unavoidable Necessity I am under of asking larger Supplies of My People, and of desiring to be enabled to make such an Augmentation of My Forces, by Sea and Land, as the present Exigency of Affairs requires.
"I will order the proper Estimates to be laid before you, and such Treaties as I have made with Foreign Princes for the Hire of Foreign Troops: And as the Expence I was last Year in a particular Manner intrusted to make has amounted to no considerable Sum, and the Public Utility may again require the like Services to be performed, I hope you will again repose the same Trust and Confidence in Me.
"It is with great Pleasure that I see the Time so near approaching, when such a considerable Addition will be made to the Sinking Fund: Let all that wish well to the Peace and Quiet of My Government have the Satisfaction to see, that our present Necessities shall make no Interruption in the Progress of that desirable Work of gradually discharging the National Debt: I hope, therefore, you will make a Provision for the immediate Application of the Produce of the Sinking Fund, to the Uses for which it was so wisely contrived, and to which it now stands appropriated.
"I have had no Thoughts of making any Acquisitions to any Parts of My Dominions. My whole Care and Concern has been, to preserve and maintain the undoubted Rights and Privileges of My People, and therefore all My Measures have been preventive and defensive; but such Endeavours being now rendered impracticable, vigorous Resolutions, and a speedy Execution of them, can alone put an effectual End to the Dangers that surround us. However hazardous and desperate the Enterprizes formed against us may appear to be, your being assured that they are resolved upon, will, I am persuaded, be sufficient to prevail upon you to put yourselves in a Condition to resist and defeat them. If preserving a due Balance of Power in Europe; if defending the Possessions of the Crown of Great Britain, of infinite Advantage and Security to our Trade and Commerce; if supporting that Trade and Commerce against dangerous and unlawful Encroachments; and if the present Establishment, the Religion, Liberties, and Properties, of a Protestant People, are any longer Considerations worthy of the Care and Attention of a British Parliament; I need say no more, to incite My loyal and faithful Houses of Parliament to exert themselves, in the Defence of all that is dear and valuable to them."
L. Cadogan introduced.
Charles Lord Cadogan, claiming by Virtue of a special Limitation in Remainder, in His Majesty's Letters Patent granted to William late Earl of Cadogan, was, in his Robes, introduced, between the Lord Carteret and the Lord Ducie, also in their Robes; the Gentleman Usher of the Black Rod, Garter King of Arms, the Deputy Earl Marshal, and the Lord Great Chamberlain of England, preceding.
His Writ of Summons.
"Georgius, Dei Gratia, Magn. Britann. Franc. & Hib'niæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Nostro Carolo Cadogan, Baron. de Oakley, Salutem. Cum nuper, de Avisamento & Assensu Concilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defensionem Regni Nostri Magnæ Britann. & Ecclesiæ concernentibus, præsens Parliamentum Nostrum apud Civitatem Nostram Westm. Decimo Die Maii, Anno Regni Nostri Octavo, inchoari & teneri ordinaverimus, & ibidem, cum Prælatis, Magnatibus, & Proceribus dicti Regni Nostri, Colloquium habere & Tractatum; quod quidem Parliamentum Nostrum abinde, per separal. Prorogationes & Adjournationes, usque ad & in Decimum Septimum Diem hujus instantis Mensis Januarii prorogatum & adjournatum fuit, apud Civitatem Nostram Westm. præd. ibidem tunc tenendum & prosequendum; vobis, sub Fide & Ligeantia quibus Nobis tenemini, firmiter injungendo mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, dictis Die & Loco personaliter intersitis, Nobiscum, ac cum Prælatis, Magnatibus, & Proceribus, prædict. super dictis Negotiis tractatur. vestrumque Consilium impensur.; & hoc sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ præd. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.
Then his Lordship came to the Table; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed, in his due Place, on the Barons Bench.
D. of St. Albans and E. Winchilsea take their Seats.
E. Nottingham takes the Oaths.
Their Lordships having, together with Daniel Earl of Nottingham, first taken the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Order for an Address on His Majesty's Speech:
Ordered, That an humble Address be presented to His Majesty, "To return the Thanks of this House, for His Majesty's most Gracious Speech from the Throne: Most humbly and thankfully to acknowledge His Majesty's exceeding Goodness, in opening to His Parliament a Scene of the highest Importance to this Kingdom: To declare, that it now fully appears, that the Courts of Vienna and Madrid have laid the Foundations of such an exorbitant Power, as may in Time overturn the Balance, and destroy the Liberties, of Europe: That the Invasions made upon the Rights and Privileges of this Nation, in the most valuable Branches of their Commerce; the Menaces and Insults used towards His Majesty; the peremptory Demand of the Restitution of Gibraltar, and the Engagements entered into for placing a Popish Pretender on the Throne of this Kingdom; have raised in us the warmest Indignation: That His Majesty's early Care and great Wisdom, in forming and entering into the Defensive Alliance, and the prudent Measures which He has since taken, have hitherto prevented the Execution of those destructive and unjust Designs which have been formed against this Nation: To express our most dutiful and grateful Acknowledgements to His Majesty, for declaring His great Satisfaction at the Happiness of His People, in their full Enjoyment of Peace, Ease, and Prosperity; His tender Concern for their Sake, at the Prospect of any new Commotions; and His continual Care to preserve and maintain their undoubted Rights and Privileges: To assure His Majesty of our inviolable Fidelity; and that nothing shall ever divert or deter us from making our strongest Efforts, for maintaining His Majesty's undoubted Right and Title to His Crown, and preserving our present happy Establishment: And that we will, at all Times, to the utmost of our Power, enable His Majesty to make good all His Engagements with His Allies, and to preserve the Trade of this Kingdom in its utmost Extent; to vindicate His Honour, and to assert and defend His Right to Gibraltar and the Island of Minorca, which are of the greatest Importance to the Preservation of the Commerce and Naval Strength of Great Britain, and to every other Part of His Dominions, against all Attempts whatsoever: And that we will, at all Times, concur in such proper Measures, as may effectually enable His Majesty, in Conjunction with His Allies, to bring to Reason all such Powers as shall disturb the general Peace and Tranquillity of Europe."
Dux Devon, Præses.
Dux Dorset, Senescallus.
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly beg Leave to return Your Majesty our hearty Thanks, for Your Majesty's most Gracious Speech from the Throne. We cannot but esteem ourselves in Duty bound, most humbly and gratefully to acknowledge Your Majesty's exceeding Goodness, in opening to Your Parliament a Scene of the highest Importance to this Kingdom. The World must now be convinced, that the Courts of Vienna and Madrid have laid the Foundations of such an exorbitant and formidable Power, as may in Time overturn the Balance, and destroy the Liberties, of Europe. Were we not filled with the deepest Resentment at the Indignities which have been offered to Your Majesty, we should be unworthy of all the Blessings we enjoy under Your Majesty's most gracious and excellent Government. The Invasions made upon the Rights and Privileges of Your People, in the most important Branches of their Commerce; the Menaces and Insults used towards Your Majesty; the peremptory Demand of the Restitution of Gibraltar, which Place and the Island of Minorca, both being of the utmost Consequence to Your People, were yielded up by the present King of Spain Himself, and do indisputably belong to the Crown of Great Britain by most solemn Treaties; but, above all, the Engagements entered into for placing a Popish Pretender upon Your Throne; must raise the warmest Indignation in all those who have the least Sense of their Duty to the Best of Sovereigns, and any Regard to the Protestant Religion, to the Honour, Interest, and Prosperity, of their Country. We are truly sensible of the wife Measures taken by Your Majesty, for preventing the Dangers which threatened us; Your early Care in forming and entering into the Defensive Alliance, to which the Accession of The States General has added so great Weight; the establishing a perfect Harmony, Union, and Concert, between Your Majesty, the Most Christian King, and The States General; the several Negotiations which Your Majesty, in Conjunction with Your Allies, is carrying on, with Sweden, Denmark, and other Powers; and the shewing the Power and Influence of Your Naval Force, by the seasonable Equipment of Three considerable Squadrons; are the apparent Causes to which, next under God, we owe the Preservation of the Public Peace, and the preventing the Execution of those destructive and unjust Designs that had been formed against this Nation and the Liberties of Europe. The very great Satisfaction Your Majesty is graciously pleased to express, at the Happiness of Your People, in their full Enjoyment of Peace, Ease, and Prosperity; Your tender Concern, for their Sake, at the Prospect of any new Commotions; and Your continual Care, every where, to preserve and maintain the undoubted Rights and Privileges of all Your Subjects, cannot but fill their Hearts with the most grateful Sense of their Duty, and raise in them the utmost Detestation and Contempt of the vain Imagination of placing a Popish Pretender on the Throne. We do therefore, at this important Juncture, most humbly beg Leave to assure Your Majesty of our steady and unshaken Fidelity; and that nothing shall ever divert or deter us from making our strongest Efforts, for maintaining Your Majesty's undoubted Right and Title to the Crown of this Realm, and for preserving our present happy Establishment: And we beseech Your Majesty to believe that we will, to the utmost of our Power, enable Your Majesty to make good all Your Engagements with Your Allies, and to preserve the Trade of this Kingdom in its utmost Extent; to vindicate Your Honour, and to assert and defend Your Right to Gibraltar and the Island of Minorca, which are of the greatest Importance to the Preservation of the Commerce and Naval Strength of Great Britain; and to maintain Your Right to every other Part of Your Dominions, against all Attempts whatsoever; and that we shall, at all Times, be ready to concur in such proper Measures, as may effectually enable Your Majesty, in Conjunction with Your Allies, to bring to Reason all such Powers as shall at any Time disturb the general Peace and Tranquillity of Europe."
His Majesty's Speech to be considered.
E. of Anglesey versus Ram.
Upon reading the Petition and Appeal of Arthur Earl of Anglesey; complaining of a Decree of the Court of Exchequer in Ireland, made the Second Day of December last, in a Cause wherein the Petitioner was Plaintiff, and Abel Ram Defendant; and praying, "That the same may be rectified, and the Petitioner relieved:"
It is Ordered, That the said Abel Ram 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 Twenty-first Day of February next; and that Service of this Order on the said Respondent's Clerk, or Attorney, in the said Court of Exchequer in Ireland, be deemed good Service.