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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December 1743, 1-10
Anno 17o Georgii Secundi.
DIE Jovis, 1o Decembris, 1743.
DIE Jovis, 1o Decembris, 1743, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hibn'iæ Regis, Fidei Defensoris, &c. Decimo Septimo, in quem Diem hæc Tertia Sessio Parliamenti, per separales Prorogationes, continuata fuerat, in Superiori Domo Parliamenti Magnæ Britanniæ apud Westmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:
Fredericus Princeps Walliæ.
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 and the Duke of Cumberland (in their Robes) sitting in their respective Places; 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;
His Majesty spake as follows:
His Majesty's Speech.
"My Lords, and Gentlemen,
"Since your last Meeting, I have, pursuant to your Advice, and in Consequence of your Support, exerted My Endeavours for the Preservation of the House of Austria, and the Maintenance of the Balance and Liberties of Europe. It has pleased God to give Success to our Arms, in Conjunction with those of the Queen of Hungary, and as Her Auxiliaries. The Dominions of that Princess have been entirely evacuated by Her Enemies, and the powerful Armies which have marched to their Assistance have been obliged to retire out of the Empire. In this Conjuncture, it is a great Satisfaction to Me, to acquaint you, that I have been joined by a Body of Troops of My good Friends and Allies the States General.
In further Prosecution of these Measures, the definitive Treaty between Me, the Queen of Hungary, and the King of Sardinia, has been happily concluded; which shall be laid before you. The Advantages which cannot fail to result from this Alliance to the common Cause are apparent; and it will be particularly conducive to the Interest of My Kingdoms, by disappointing the ambitious Views of the Crown of Spain, with which we are engaged in so just and necessary a War. As I make no Doubt but you will proceed upon these Foundations with Firmness and Constancy, we may reasonably hope to see the public Tranquillity re-established, and a general and honourable Peace obtained. These are My Views, to which My utmost Attention and Resolution shall not be wanting: But, in order to bring about these great Ends, Measures of Vigour are necessary; and to enable Me to concert and carry on such Measures, I do, with a just Considence, rely on your zealous, chearful, and effectual Support.
The Marriage of my Youngest Daughter with the Prince Royal of Denmark cannot but give Satisfaction to all My good Subjects, as it tends to cement and strengthen the Protestant Interest in Europe.
Gentlemen of the House of Commons,
I have ordered the Estimates to be laid before you, for the Service of the ensuing Year; and desire you to grant Me such Supplies as shall be requisite for the Honour and Security of the Nation, and adequate to the Exigencies of the Public.
In doing this, let Me particularly recommend it to you, to enable Me to concert proper Measures, and to enter into and make good such Alliances and Engagements with other Powers, as may be necessary for the Support of the Queen of Hungary, and restoring the Balance of Power.
"My Lords, and Gentlemen,
"I have had such Experience of your Duty and Affection to Me, and of your Zeal for the Good of your Country, that it would be supersluous to add any Thing to press these important Considerations upon you. Union and Harmony amongst ourselves, and Vigour and Dispatch in your Proceedings, are indispensably necessary in such Conjunctures. Let nothing obstruct or divert your Steadiness and Application to the great Ends which I have laid before you; and be assured, that nothing can ever divert Me from pursuing your true and lasting Interest."
The Speech being ended, His Majesty was pleased to retire; and the Commons withdrew.
E. Abingdon takes his Seat;
This Day Willoughby Earl of Abingdon sat first in Parliament, after the Death of his Uncle Montagu Venables Earl of Abingdon:
Also, John Earl Poulet sat first in Parliament, after the Death of his Father John Earl Poulet:
Also, Henry Earl of Uxbridge sat first in Parliament, after the Death of his Grandfather Henry Earl of Uxbridge:
Also, William Lord Byron sat first in Parliament, after the Death of his Father William Lord Byron:
and L. Hervey.
And also, George William Lord Hervey sat first in Parliament, after the Death of his Father John Lord Hervey:
Their Lordships, together with Thomas Lord Archbishop of York, Isaac Lord Bishop of Worcester, and Mathew Lord Bishop of Bangor, having, at the Table, first taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Regulating Select Vestries, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for regulating Select Vestries."
King's Speech reported:
The Lord Chancellor reported His Majesty's Speech.
And the same being afterwards read by the Clerk:
Order for an Address.
Ordered, That an humble Address be presented to His Majesty, "To return Him the Thanks of this House, for His most Gracious Speech from the Throne, and to express our Joy on His safe and happy Return into this Kingdom.
To declare our Thankfulness to Almighty God, for preserving His Majesty's Sacred Person; and to congratulate His Majesty on the Success of His Arms, in the Support of the Queen of Hungary, and of the Liberties of Europe.
To thank His Majesty, for communicating to us that the definitive Treaty has been concluded, between His Majesty, the Queen of Hungary, and the King of Sardinia; whose strict Union is so necessary, in this Conjuncture especially, to disappoint the ambitious Views of the Court of Spain.
To declare our firm Resolution to support His Majesty in His wise and salutary Views to bring about a general and honourable Peace, by vigorous Measures; and to assure Him of the zealous Concurrence of this House, in the necessary Means to this great and desirable End.
To congratulate His Majesty on the auspicious Marriage of His Youngest Daughter with the Prince Royal of Denmark; and on the Increase of His Royal Family, by the Birth of a Prince.
"To give His Majesty the strongest Assurances of our inviolable Duty and Fidelity; and of our constant Endeavours, in all our Proceedings, to promote Union and Harmony at Home; and that this House will stedfastly pursue such Measures as may most effectually conduce to the Honour and Safety of His Majesty, the Security and Prosperity of our Country, and the Maintenance of the Balance and Liberties of Europe."
Then the Lords following were appointed a Committee, to prepare an Address, upon the said Order; and report to the House:
Ds. Carteret, Sec.
Ds. Willoughby Par.
Ds. Berkeley Str.
Their Lordships, or any Five of them; to meet immediately, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.
The House was adjourned during Pleasure; and the Committee withdrew, to prepare the Address.
After some Time, the House was resumed.
And the Lord Berkeley of Stratton reported from the said Committee an Address drawn by them, as follows:
"Most Gracious Sovereign,
"We, your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our humble Thanks, for Your most Gracious Speech from the Throne.
"The anxious Concern which filled the Breasts of all Your faithful Subjects, upon the Dangers to which Your Sacred Person has been exposed, redoubles our Joy on Your safe and happy Return into this Kingdom. Our First Thanks are due to Almighty God, for the Preservation of Your invaluable Life; our next to Your Majesty, to whose Magnanimity and unwearied Labours for the Good of the Common Cause we stand so highly indebted. On this Occasion, permit us to offer our sincere Congratulations to Your Majesty, on the Success of Your Arms, in the Support of the House of Austria, and the Defence of the Liberties of Europe.
"A strict Union between Your Majesty, the Queen of Hungary, and the King of Sardinia, is so necessary in the present Posture of Affairs, that we take great Satisfaction in seeing it established; and we beg Your Majesty to accept our Thanks, for communicating to us the Conclusion of the definitive Treaty for that Purpose. The just and necessary War in which Your Majesty is engaged against Spain is of so great Importance, that the Disappointment of the ambitious Designs of that Crown cannot but be particularly advantageous to these Kingdoms.
"We acknowledge, with the utmost Gratitude, Your Majesty's Goodness, in declaring to Your Parliament Your wise and salutary Views to bring about a general and honourable Peace, by vigorous Measures. In so glorious a Cause, animated by so great an Example, the Arms and the Hearts of Great Britain will always attend upon You. And we do, with a Resolution and Firmness becoming Your House of Peers, assure Your Majesty of our zealous and chearful Concurrence and Support in the necessary Means to this great and desirable End.
"We beg Leave to congratulate Your Majesty on the auspicious Marriage of her Royal Highness the Princess Louisa with the Prince Royal of Denmark; and on the Increase of Your Royal Family, by the Birth of a Prince. Every Event which adds Strength to Your Illustrious House, is an Addition of Security to Your Kingdoms; since, on the Stability of the Protestant Succession, the Continuance of our Religion, Laws, and Liberties, does, under God, depend.
"The gracious Manner in which Your Majesty has recommended to us Union and Harmony at Home, is a fresh Instance of Your Paternal Tenderness towards Your People: It shall be our constant Endeavour, in all our Proceedings, to promote and augment these good Dispositions, which are so peculiarly necessary in this Conjuncture. And we beseech Your Majesty to accept the strongest Assurances of our inviolable Duty and Fidelity to Your Majesty; and that we will stedfastly pursue such Measures as may most effectually conduce to the Honour and Safety of Your Majesty, the Security and Prosperity of our Country, and the Maintenance of the Balance and Liberties of Europe."
Which Address, being read by the Clerk, was agreed to by the House.
Ordered, That the same be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do wait on His Majesty, humbly to know what Time He will please to appoint to be attended therewith.
Prince and Princess of Wales congratulated on the Birth of a Prince.
Ordered, That a Message be sent from this House, to congratulate their Royal Highnesses the Prince and Princess of Wales, on the joyful Occasion of her Royal Highness's happy Delivery of a Prince; and that the Earl of Warwick and the Lord Fitzwilliam do carry the said Message.
Committee of Privileges.
Lords Committees appointed to consider of the Orders and Customs of the House, and the Privilege of Parliament, and of the Peers of Great Britain and Lords of Parliament.
Their Lordships, or any Seven of them; to meet on Monday next, at Ten o'Clock in the Forenoon, in the House of Peers, and every Monday after; and to adjourn as they please.
Committee for the Journal.
Lords Sub-committees appointed to consider of the Orders of the House, and the Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journal of this and the Two last Sessions of Parliament.
Their Lordships, or any Three of them, to meet when, where, and as often as, they please.
Stoppages in the Streets, Order to prevent.
The House taking Notice, "That there is such an Interruption, by Hackney Coaches, Carts, and Drays, in the Streets and Passages between Charing Cross and The Old Palace Yard in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:"
It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westminster, or his Deputy, together with the Justices of the Peace for the said City, shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Order, that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard in Westminster, from Eleven of the Clock in the Forenoon until Five of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between Charing Cross and The Old Palace Yard, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward, Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House: And it is further Ordered, That the High Bailiff of the City of Westminster, and the Justices of the Peace for the City and Liberty thereof, or some of them residing in Westminster, be served with the Order of this House, made this Day, for the Purposes aforesaid.
Stewart against Graham.
Upon reading the Petition and Appeal of Captain John Stewart, otherwise Colterane; complaining of an Interlocutor of the Lords of Session in Scotland, of the 5th of January 1742/3; and of another Interlocutor of the said Lords, of the 9th of June 1743, whereby they adhered to their former Interlocutor; and also of Two Interlocutors of the Lord Ordinary, of the 18th and 29th of June 1743; and of another Interlocutor of the said Lord, of the 13th of July following, whereby he adhered to his last Interlocutor; and likewise of Two other Interlocutors of the said Lords of Session, of the 6th and 7th of the said Month of July, made on the Behalf of William Graham Merchant in Edinburgh; and praying, "That the said Interlocutors may be reversed, varied, or amended, and such other Relief given the Appellant as to this House in their great Wisdom and Justice shall seem meet:"
It is Ordered, That the said William Graham may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Thursday the 29th Day of this Instant December; and that Service of this Order on any One of his Agents or Procurators in the Court below be deemed good Service.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 2o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
His Majesty to be attended with the Address.
The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know when He would be pleased to be attended with their Lordships Address; and that His Majesty had been pleased to appoint this Day, at Two o'Clock, at His Palace of St. James's."
Sir Peter Byrne & al. for a Bill, Pet. referred to Judges.
Upon reading the Petition of Peter Legh, Peter Brooke, and Randle Wilbraham, Esquires, William Simon Warren Clerk, and Thomas Gorst Gentleman, the Testamentary Guardians of Sir Peter Byrne Baronet and John Byrne, Sons of Sir John Byrne Baronet, deceased, on their Behalf; praying Leave to bring in a Bill, to enlarge the Time limited by the Will of Sir Francis Leicester Baronet, deceased, for Sale of the Real Estate late of the said Sir John Byrne, in the Kingdom of Ireland, until the End of Four Years next after the said Sir Peter Byrne shall have attained his Age of Twentyone Years; and, in Case of his Death in the mean Time without Issue Male, then until the End of Four Years next after the said John Byrne shall have attained that Age; and also to enable the said Sir Peter Byrne and his Issue to take and use the Surname of Leicester only, pursuant to the said Will:
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 Burnet; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Holford & al. Leave for a Bill.
Upon reading the Petition of Robert Holford Esquire Lord of the Manor of Westonbirt, the Reverend John Harris Clerk Rector of the said Parish, Thomas Ludlow of Westonbirt Gentleman, and Walter Watts Yeoman, Freeholders and Proprietors of the several Common Fields in the said Parish of Westonbirt, in the County of Gloucester; praying Leave to bring in a Bill, for dividing and enclosing certain Common Fields in the said Parish; and for other Purposes therein mentioned:
It is Ordered, That Leave be given to bring in a Bill, as desired.
E Home against Clark.
Ordered, That the Cause wherein William Earl of Home is Appellant, and Jacobina Clark Respondent, be heard, by Counsel, at the Bar of this House, on Monday Sevennight next, at Eleven o'Clock.
Magenis against Magenis.
Ordered also, That the Cause wherein Arthur Magenis Esquire is Appellant, and John Magenis Esquire Respondent, be heard on Monday Fortnight.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, septimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Mercurii, 7o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Calder against Bevan.
The Answer of Mary Bevan, to the Appeal of Patrick Calder of Reedford, and William Anderson in Straith, Surgeon, was brought in.
The King's Answer to the Address.
The Lord Chancellor reported, "That the House did, on Friday last, present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer:
"I return you My hearty Thanks, for this dutiful and affectionate Address. The Assurances you give Me of your vigorous Support, will have the best Effect Abroad; and you may depend on My making Use of that Considence which you repose in Me, for the Honour and true Interest of My Crown and Kingdoms."
Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.
Cowper against Hunter.
Upon reading the Petition and Appeal of David Couper of Newgrange; complaining of several Interlocutors of the Lord Ordinary in Scotland, of the 9th and 25th of July 1741, the 11th of January and 6th of February 1742, and of Three Interlocutors of the Lords of Session in Scotland, of the 8th of June 1742, and the 14th and 25th of June 1743; and of another Interlocutor of the Lord Ordinary, of the 13th of July following, made on the Behalf of Alexander Hunter of Balskelly; and praying, "That the said Interlocutors may be reversed, varied, or altered; and such other Relief given the Appellant as to this House shall seem just:"
It is Ordered, That the said Alexander Hunter may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 4th Day of January next; and that Service of this Order on his Agent or Procurator in the said Court of Session be deemed good Service.
Ayshcombe & Ux. Pet. referred to Judges.
Upon reading the Petition of John Ayshcombe Gentleman and Mary his Wife, in Behalf of themselves and their Children; praying Leave to bring in a Bill, for Sale of the Manor of Bidford Grange, in the County of Warwick, and other Estates and Premises in certain Articles and Settlement in the Petition mentioned; and for the Purchase of a Freehold Estate, called Bruton Farm, in the Parish of Whitchurch, in the said County of Warwick, of greater Value, to be settled to the same Uses:
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 Fortescue Aland; with the usual Directions, according to the Standing Order.
Accounts of prohibited East India Goods and Naval Stores delivered.
The House being informed, "That some of the Commissioners of the Customs attended:"
They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,
"The Report of the said Commissioners, with the Accounts of prohibited East India Goods and Naval Stores imported, from Michaelmas 1742, to Michaelmas 1743."
And then they were directed to withdraw."
And the Titles of the said Accounts were read, by the Clerk; and are as follow:
"No 1. An Account of prohibited East India Goods remaining in the East India Warehouses at St. Helens, in the Port of London, at Michaelmas 1742; what have been since brought in, what exported, as also what remained at Michaelmas 1743."
"No 2. An Account of prohibited East India Goods remaining in the Warehouses at Leadenhall and Fenchurch Street, in the Port of London, at Michaelmas 1742; what have been since brought in, what exported, as also what remained at Michaelmas 1743."
"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1742; what have been since brought in, what exported, as also what remained at Michaelmas 1743."
"No 4. An Account of East India Goods prohibited to be worn in this Kingdom, that remained in the respective Warehouses in the Out Ports of England, at Michaelmas 1742; together with an Account of what have been since brought in, what exported, as also what remained at Michaelmas 1743."
"No 5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Leadenhall Street, and Custom-house, in the Port of London, since Michaelmas 1742, in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1743."
"No 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1742, to Michaelmas 1743."
"No 7. An Account of Naval Stores imported from Russia, into the Ports of England commonly called the Out Ports, from Michaelmas 1742, to Michaelmas 1743."
Ordered, That the said Accounts do lie on the Table.
E. Home against Clark:
A Petition of Jacobina Clark, Respondent to the Appeal of William Earl of Home, was presented, and read; praying, "That this House will order the said Earl to amend his Appeal, by making such Parties thereto as were Parties in the Court of Session in Scotland; and that the Clerk of Court may be directed to deliver up certain Writings, mentioned in the Extract of the Proceedings in the said Cause, to the Petitioner's Agent at Edinburgh, to the End the said Cause may come fully before this House; and that the Hearing thereof may be adjourned till such Time as the House shall think fit."
And thereupon the Agents on both Sides were called in, and heard.
And being withdrawn:
Writings to be brought.
Ordered, That such Deeds, Papers, and Writings, as were produced at the Hearing of the said Cause in the Court of Session, in virtue of Letters of Diligence, and now remain in the Hands of the said Clerk of Court, be properly transmitted to the Clerk of this House, and lodged in his Hands till the Hearing of the said Appeal; and that the said Hearing be put off to Monday the 16th Day of January next.
Lords to be summoned.
Ordered, That the Lords be summoned, to attend the Service of this House on Friday next.
Ross to enter into Recognizance for Stewart.
The House being moved, "That Alexander Ross Gentleman may be permitted to enter into a Recognizance for Captain John Stewart, on account of his Appeal depending in this House; he being in Scotland:"
It is Ordered, That the said Alexander Ross may enter into a Recognizance for the Appellant, as desired.
Echlin & al. to answer peremptorily.
The House was informed, "That Godfrey Echlin, John Magill and Margaret his Wife, and John Trotter, have not put in their Answer to the Appeal of Andrew Savage of Portaferry in the Kingdom of Ireland Esquire, and his Eldest Son, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of James Hackett of the City of Dublin Gentleman, of the due Service of the said Order, being read:
Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.
Binny & al. to answer peremptorily.
The House was informed, "That Alexander Binny of Whitewall, sometime Provost of Forfar, and others, have not put in their Answer to the Appeal of Andrew Hunter Provost of the Borough of Forfar and others, though duly served with the Order of this House for that Purpose."
And thereupon an Affidavit of James Angus Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal in a Week.
Magistrates of Montrose peremptorily to answer.
The House was informed, "That the Magistrates and Town Council of the Borough of Montrose have not put in their Answer to the Appeal of Colonel Charles Straton, in Old Montrose, though duly served with the Order of this House for that Purpose."
And thereupon Two Affidavits; made by Charles Ogilvy Clerk to Charles Guthrie Writer in Edinburgh, of the due Service of the said Order, being read:
Ordered, That the said Respondents do peremptorily put in their Answer to the said Appeal, in a Week.
Time to receive Petitions for Private Bills limited.
Ordered, That no Petition for a Private Bill shall be received by this House, after Wednesday the 8th of February next, during this Session of Parliament.
Capt. Stewart to amend his Appeal.
Upon reading the Petition of Captain John Stewart, otherwise Colterane, of Phisgill; setting forth, "That, on the First Day of this Instant December, he brought his Appeal before this House, from certain Interlocutors of the Court of Session in Scotland; in which Appeal some of the Parties to the Cause below are, by Mistake, omitted to be made Respondents;" and praying Leave to amend his said Appeal, by adding thereto the Names of the Persons so omitted:
It is Ordered, That the Petitioner have Leave to amend his said Appeal, as desired; he amending the Respondents Copy, in case any has been taken out.
P. of Wales's Answer.
The Earl of Warwick reported, "That he and the Lord Fitzwilliam had (according to Order) attended his Royal Highness the Prince of Wales, with the Congratulatory Message of this House, on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a Prince; and that his Royal Highness was pleased to say, That he returned their Lordships his Thanks, for this new Instance of their Duty to the King, and Regard to him."
Carre & al. Petition referred to Judges.
Upon reading the Petition of Mr. John Carre of Cavers Advocate, with Consent of John Carre his Eldest Son, and of Robert and Stair Campbell Carre, Younger Sons to the said Mr. John Carre, by their said Father, in respect of their Infancy and Nonage, and of James, George, and Ralph Carre, Younger Sons to the deceased John Carre of Cavers, and of John, Andrew, Alexander, Hugh, and George Carre, Sons to the said George, by him, in respect of their Infancy and Nonage, and of Mr. Charles St. Clair Advocate, and Mr. Andrew St. Clair Doctor of Medicine, Patrick Murray of Deuchar, Sir Gilbert Elliot of Minto One of the Senators of the College of Justice, and of the Honourable Alexander Hume Campbell, Heirs Substitute and in Remainder to the Petitioner; praying Leave to bring in a Bill, to enable the Petitioner the said John Carre to sell the particular Rents and Portions of an entailed Estate of Cavers aforesaid, in the Petition mentioned, for discharging the Debts wherewith the same is burthened; and for other Purposes in the Petition expressed:
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.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Veneris, nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 9o Decembris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Fredericus Princeps Walliæ.
Savage against Echlin & al.
The joint and several Answer of Godfrey Echlin and others, to the Appeal of Andrew Savage Esquire, was brought in.
Moore to revive an Appeal.
Upon reading the Petition of Garret Moore Esquire; setting forth, "That Michael Moore, his Brother, exhibited an Appeal to this House, in the last Session of Parliament, from a Decree of Dismission of the Court of Exchequer in Ireland; which said Michael died lately without Issue Male, and the Petitioner is thereby become entitled to the Premises in Question;" and praying, "That the said Appeal may be revived against the several Respondents thereto; and that he may stand as Appellant therein, in the Place of his said Brother, and have the same Benefit of the Appeal as if he was now living; and that the Petitioner may be at Liberty to amend the same, he amending the Respondent's Copy:"
It is Ordered, That the said Appeal do stand revived accordingly, and the Petitioner have Leave to amend the same, as desired; and that the several Respondents thereto may have a Copy thereof, and put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 13th Day of January next; and that Service of this Order on the respective Attornies of the said Respondents in the said Court of Exchequer in Ireland be deemed good Service.
Savage against Echlin:
The House was informed, "That some Persons attended, in order to deliver in several Papers and Proceedings, on both Sides, in the Cause wherein Andrew Savage Esquire is Appellant, and Godfrey Echlin and others are Respondents."
They were thereupon called in; and delivered, at the Bar, divers Papers, Pleadings, and Proceedings; and attested upon Oath, "The same were true Copies; they having examined them with the Originals in the proper Offices in Ireland."
And then they were directed to withdraw.
Motion for an Address, against continuing the Hanoverian Forces in the Pay of Great Britain:
The House was moved, "That an humble Address be presented to His Majesty, That His Majesty will be most graciously pleased to give Orders, that the 16000 Hanoverians, now in the Pay of Great Britain, be no longer continued in the Service of this Nation, after the 25th of this Instant December; thereby to put a Stop to the Jealousies and Heart-burnings among His Majesty's faithful Subjects at Home, and His British Forces Abroad."
Which being objected to;
And long Debate thereupon:
The Question was put, upon the said Motion.
And it was Resolved in the Negative.
Protest against rejecting it.
"1. Because we conceive that the Reasons assigned in the Question not only justified, but called for that Question, as a proper and necessary Exercise of the inherent Right of this House to advise the Crown: And we are convinced that such Jealousies and Animosities have arisen, and will continue, between the Troops of Great Britain and those of Hanover, that they can no longer act together, without evident Danger of the most pernicious and fatal Consequences.
"2dly, Because this our Conviction is founded upon the most public and universal Notoriety, first transmitted from the Army Abroad, then confirmed without-doors by the unanimous and concurrent Accounts of all the Officers that are returned from thence, and now uncontradicted by any of those Noble Lords who had the Honour of serving the last Campaign, and who were often appealed to for the Truth of this Proposition, while the Question was under our Consideration; a Silence which, we apprehend, amounts to a Demonstration of the Truth of the Facts alleged.
"3dly, Because an Army divided against itself, in such a Manner as ours will certainly be if the 16000 Hanoverians are still to continue a Part of it, can give no Strength to whatever Allies we have, nor Terror to our Enemies; but must greatly obstruct, and probably defeat, the Success of any Operation or Service in which it can be employed.
"4thly, Because, the Incompatibility of the British and Hanoverian Troops being known to all Europe, nothing can be a stronger Inducement to the Queen of Hungary and the King of Sardinia to quit our Alliance, and make a separate Peace for themselves, than if they should find that, instead of a real and effectual Support, we are resolved to give them the Name of an Army only; which, from the abovementioned Reasons, they must be sure cannot cooperate in any Plan for their Service, or the Benefit of the common Cause.
"5thly, Because we apprehend that (were it necessary) there would be no Difficulty in re-placing the Hanover Troops with 16000 others, at least as good and as cheap and not liable to the same or any other Objections, from other States, who would be very willing to treat with us about such a Bargain. Nay, we conceive that this Number might, without any Danger, be in a great Degree supplied by our own National Troops now in Great Britain, and still leave more for the Defence of the Kingdom at Home than were kept here at any Time during the last War. And we can discover no good Reason, in our present burthened and exhausted Condition, for keeping a Number of National Troops useless at Home, and paying at the same Time so considerable a Number of useless Mercenaries Abroad.
"6thly, Because the Willingness of The States General of The United Provinces, or any other Power in Europe, to enter into a closer Conjunction with us, at this critical Time, must chiefly depend upon the Idea they shall conceive of the State of this Nation at Home, especially with regard to the greater or lesser Degree of Union and Harmony which shall appear to subsist between His Majesty and His People in these His Regal Dominions. And it is known all over Europe, how much Discontent and Dissatisfaction the taking of these 16,000 Hanover Troops into the Pay of Great Britain, together with the many unhappy and mortifying Circumstances that have attended that Measure, has universally raised in this Kingdom; and how much Reason there is to apprehend an Increase of that Dissatisfaction, if it should be a determined Measure of Government to continue so odious a Burthen upon the Nation, not only without any Advantage, but with the most visible Danger to the Service Abroad.
"7thly, Because we conceive it to be as much the Duty as it is the Right of the Peers of this Realm, who are Hereditary Counsellors to the King, and Mediators between the Crown and the People, to interpose their timely Advice, against such Measures as, calculated, in our Opinions, for the private Views of particular People only, have a manifest Tendency to alienate the Love of the Nation in general from this Royal Family, which we will always support, with true English Hearts, and with such Counsels as we do, in our Consciences, think the most conducive to their Glory, and to maintain and preserve the Honour and Dignity of that British Crown to which alone we owe our Allegiance.
"8thly, Because we know there are some Partialities almost inseparable from human Nature, and blameless in themselves when acting only within proper Bounds, which yet must have a most fatal Influence, if encouraged to mix themselves with the Affairs of this Nation, either in the Council or the Camp: And we do, from our Souls, scorn and abominate that most abject and criminal Adulation, which either gives Way to or enflames such Partialities, in Prejudice to the National Honour and Interest of our Country. We thought it therefore necessary to enter these our Reasons against the further Continuance of these Mercenaries, which, for One Campaign only, have already cost this Nation near £. 700,000. and which appear to us to have been, in many Instances, disobedient to British Orders, and utterly incompatible with British Troops; that as our Votes have (we hope) proved us to the present Age, our Names in the Books may transmit us to Posterity Englishmen.
Ailesbury & Elgin.
Ross to enter into Recognizance for Couper.
The House being moved, "That Mr. George Ross may be permitted to enter into a Recognizance for David Couper, on account of his Appeal depending in this House; he being in Scotland:"
It is Ordered, That the said George Ross may enter into a Recognizance for the Appellant, as desired.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Mercurii, decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.