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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Anno 19o Georgii Secundi.
DIE Jovis, 17o Octobris, 1745.
DIE Jovis, 17o Octobris, 1745, Annoque Regni Serenissimi Domini Nostri Georgii Secundi, Dei Gratia, Magnæ Britanniæ, Franciæ, et Hiberniæ, Regis, Fidei Defensoris, &c. Decimo-nono, in quem Diem hæc Quinta 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:
His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales (in his Robes) sitting in his Place on His Majesty's Right Hand; the Lords being also in their Robes; the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."
"The open and unnatural Rebellion which has broke out, and is still continuing, in Scotland, has obliged Me to call you together sooner than I intended; and I shall lay nothing before you at present, but what immediately relates to our Security at Home, reserving all other Considerations to a farther Opportunity. So wicked and daring an Attempt, in Favour of a Popish Pretender to My Crown, headed by his Eldest Son, carried on by Numbers of traiterous and desperate Persons within the Kingdom, and encouraged by My Enemies Abroad, requires the immediate Advice and Assistance of My Parliament, to suppress and extinguish it. The Duty and Affection for Me and My Government, and the vigilant and zealous Care for the Safety of the Nation, which have with so much Unanimity been shewn by My faithful Subjects, give Me the firmest Assurance that you are met together resolved to act with a Spirit becoming a Time of common Danger, and with such Vigour as will end in the Confusion of all those who have engaged in or fomented this Rebellion.
"I have, throughout the whole Course of My Reign, made the Laws of the Land the Rule of My Government; and the Preservation of the Constitution in Church and State, and the Rights of My People, the main End and Aim of all My Actions: It is therefore the more astonishing, that any of My Protestant Subjects, who have known and enjoyed the Benefits resulting from thence, and have heard of the imminent Dangers these Kingdoms were wonderfully delivered from by the happy Revolution, should by any Arts and Management be deluded into Measures, that must at once destroy their Religion and Liberties, introduce Popery and Arbitrary Power, and subject them to a Foreign Yoke.
"I rely on your Affection to Me, and your Care and Concern for our common Safety, to grant Me such a Supply, as may enable Me entirely to extinguish this Rebellion, effectually to discourage any Foreign Power from assisting the Rebels, and to restore the Peace of the Kingdom; for which Purpose, I will order the proper Estimates to be laid before you. Amongst the many ill Consequences of this wicked Attempt, the extraordinary Burthen which it must bring upon My faithful Subjects very sensibly affects Me: But let those answer for it, whose Treason has occasioned it; and My People be convinced what they owe to those Disturbers of our Peace, who are endeavouring to make this Kingdom a Scene of Blood and Confusion.
"The many evident Proofs this Parliament has given, of their Duty, Fidelity, and Affection to Me, and of their steady Adherence to the present happy Establishment, and the true Interest of their Country, make Me repose Myself entirely on the Zeal and Vigour of your Proceedings and Resolutions. I am confident, you will act like Men who consider that every Thing dear and valuable to them is attacked; and I question not but, by the Blessing of God, we shall, in a short Time, see this Rebellion end, not only in restoring the Tranquillity of My Government, but in procuring greater Strength to that excellent Constitution which it was designed to subvert. The Maxims of this Constitution shall ever be the Rules of My Conduct. The Interest of Me and My People is always the same, and inseparable: In this common Interest let us unite; and all those who shall heartily and vigorously exert themselves in this just and national Cause may always depend on My Protection and Favour."
Charles Lord Maynard sat first in Parliament, after the Death of his Brother Grey Lord Maynard; his Lordship having, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
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 congratulate His Majesty on His happy Return into this Kingdom.
"To express our utmost Detestation and Abhorrence of the unnatural Rebellion which has broke out, and is still carrying on, in Scotland; and to assure His Majesty, that this traiterous and desperate Attempt shall have no other Effect upon our Minds, but to excite in us such a Spirit of Resolution and Unanimity, as, by the Divine Assistance, may not only suppress this Rebellion, but confound and extinguish for ever all future Hopes of the Pretender and his Adherents.
"To thank His Majesty for His gracious Approbation of those Proofs of Loyalty and Affection which have been already shewn by His faithful Subjects; and to beseech Him to look upon them as an Earnest of the united Zeal and Vigour of His Parliament, in the Cause of His Majesty and their Country.
"Thankfully to acknowledge His Majesty's paternal Regard for the Laws of the Land, our Constitution in Church and State, and the Rights of His People; and to assure His Majesty, that this House is thoroughly convinced that the Continuance of these Blessings does, under God, entirely depend on the Preservation and Support of His Sacred Person and Government, and of the Protestant Succession in His Royal Family.
"To give His Majesty the strongest Assurances, that, in the Defence of His Majesty and of these invaluable Interests, we are resolved to unite and to hazard our Estates and our Lives; that from this Resolution we will never depart, but will heartily and zealously concur in all such Measures as may most effectually conduce to extinguish this Rebellion, to deter any Foreign Power from presuming to support it, to restore the Tranquillity of His Government, and to add Strength to that excellent Constitution which this flagitious Attempt is intended to subvert."
"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.
"As we felt the utmost Concern upon the breaking out of the unnatural Rebellion which is still carrying on in Scotland; so our Joy on Your Majesty's safe and happy Return into this Kingdom, agreeably to the ardent Wishes of Your People, is proportionably augmented. We want Words to express the just Indignation and Abhorrence which rise in our Breasts, at so wicked, traiterous, and desperate an Attempt, in Favour of a Popish Pretender to Your Crown, whose groundless Claim we have unfeignedly abjured, and whose Principles and Designs we do from the Bottom of our Hearts detest: And we beg Leave to assure Your Majesty, that this rash and presumptive Enterprize shall have no other Effect upon our Minds, but to excite in us such a Spirit of Resolution and Unanimity, in this critical Conjuncture, as, by the Divine Assistance, may not only suppress this Rebellion, but confound and extinguish for ever all future Hopes of the Pretender and his Adherents.
"The many evident Proofs of true Loyalty and Affection to Your Majesty, and Zeal for Your Government, which have been already shewn by Your faithful Subjects, with an Union and Chearfulness never known before, unless at the happy Revolution wrought by our great Deliverer King William the Third, are clear Demonstrations, that this Nation is determined to preserve the Structure built upon that glorious Foundation: Vain indeed must be the Expectations of those, who can imagine we would part with it. As Your Majesty has been pleased graciously to accept and approve these Beginnings, we beseech You to look upon them as an Earnest of the united Zeal and Vigour of Your Parliament in the Cause of Your Majesty and their Country.
"It is with Hearts full of the sincerest Gratitude, that we acknowledge Your Majesty's paternal Regard for the Laws of the Land, our Constitution in Church and State, and the Rights of Your People; and it is with the deepest Conviction that we declare to Your Majesty and the whole World, that the Continuance of these Blessings does, under God, entirely depend on the Maintenance of Your Majesty's undoubted Title to the Crown of these Realms, the Support of Your Throne, and the Preservation of the Protestant Succession in Your Royal House. Whoever can entertain a Thought of exchanging those just Rules of Government, bounded by the Laws and Maxims of this free Constitution, for the Exercise of Tyranny and Arbitrary Power learned in the most despotic Courts of Europe, and of parting with the purest Religion in the World for the Superstition and persecuting Spirit of Popery, must be the most abandoned of Mankind.
"Warmed with these moving Sentiments, and unshaken in these Principles, we give Your Majesty the strongest Assurances that, in Defence of Your Sacred Person, and of all those invaluable Interests which we have already described, we are stedfastly resolved to unite, and to hazard our Estates and our Lives; that from this Resolution we will never depart, but will heartily and zealously concur in all such Measures as may most effectually conduce to extinguish this Rebellion; to deter any Foreign Power from presuming to support it; to restore the Tranquillity of Your Majesty's Government; and to add Strength to that excellent Constitution, which this flagitious Attempt is intended to subvert.
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 last Session of Parliament.
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.
DIE Veneris, 18o Octobris.
Epus. Litch. & Cov.
Ds. Hardwicke, Cancellarius.
Dux Devon, Senescallus.
The Lord Steward acquainted the House, "That the Lords with White Staves (according to Order) had waited on His Majesty, humbly to know what Time He would be pleased to appoint to be attended with their Lordships Address; and that His Majesty had been pleased to appoint this Day, at One o'Clock, at His Palace at Saint James's."
Upon reading the Petition of Andrew Wight and others; setting forth, "That, last Session of Parliament they presented an Appeal to this House, from several Interlocutors pronounced in the Court of Admiralty, and in the Court of Session in Scotland; which Appeal they are advised to amend;" and praying, "In regard Rachael Stewart the Respondent hath not yet put in her Answer, that they may have Leave to amend the said Appeal, as they shall be advised, upon their amending the Respondent's Copy:"
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired, upon the Condition aforementioned; and that the said Respondent do put in her Answer thereunto, in Writing, in Four Weeks.
Ordered, That the Cause wherein William Benson Esquire, One of the Auditors of the Imprest in His Majesty's Exchequer in England, and Stephen Whatley Gentlemen, are Appellants, and Captain John Vernon is Respondent, be heard, by Counsel, at the Bar of this House; on Monday Sevennight next; and that the other Cause appointed for hearing the last Session of Parliament do come on to be heard on the Causeday next following in Course.
DIE Veneris, 18o Octobris, post Meridiem.
"I return you My hearty Thanks, for the affectionate and warm Assurances of Duty and Loyalty which you have unanimously given Me in this Address. Your Concern for the Preservation of our excellent Constitution in Church and State, is as agreeable to Me, as the Zeal you express for Me and My Government. I entirely rely upon both; and doubt not but, by the Blessing of God and your Assistance, this unnatural Rebellion will be defeated, and the Peace and Tranquillity of My Kingdoms restored."
With a Bill, intituled, "An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" to which they desire the Concurrence of this House.
DIE Lunæ, 21o Octobris.
Laurence Earl Ferrers sat first in Parliament, after the Death of his Uncle Henry Earl Ferrers; 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.
Upon reading the Petition of Hugh Marshall and others; setting forth, "That, since the putting in the Answers of John Vaughan and others, Respondents to the Petitioners Appeal, the said John Vaughan died; and, by his Will, appointed Anne Vaughan his Wife sole Executrix, who has duly proved the same;" and praying, "That the Petitioners may have Leave to revive their said Appeal, by making her a Respondent thereunto:"
It is Ordered, That the said Appeal be revived accordingly; and that the said Anne be made Respondent, as desired; and that she may have a Copy of the said Appeal; and put in her Answer thereunto, in Writing, on or before Monday the 25th Day of November next.
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 the prohibited East India Goods, and Naval Stores imported, from Michaelmas 1744, to Michaelmas 1745.
"No 1. An Account of what prohibited East India Goods remained in the East India Warehouses in St. Hellens, in the Port of London, at Michaelmas 1744; also what brought in since, what exported, and what remained at Michaelmas 1745."
"No 2. An Account of prohibited East India Goods remaining in the East India Warehouses at Leadenhall and Fenchurch-street, in the Port of London, at Michaelmas 1744; what has been since brought in, what exported, as also what remained at Michaelmas 1745."
"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1744; what have been since brought in, what exported, as also what remained at Michaelmas 1745."
"No 4. An Account of East India Goods, prohibited to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports, at Michaelmas 1744; what have been since brought in, what exported, as also what remained at Michaelmas 1745."
"No 5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Fenchurch-street, Leadenhall-street, and Custom-house, in the Port of London, since Michaelmas 1744, in order to be dyed, glazed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1745."
His Majesty being seated on the Throne, with the accustomed Ceremonies, 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."
DIE Jovis, 24o Octobris.
A Petition of William Benson Esquire, One of the Auditors of the Imprest of His Majesty's Exchequer in England, and Stephen Whatley Gentleman, was presented, and read; setting forth, "That the Deeds, Writings, and several other Papers belonging to the Petitioners, necessary in the Cause upon their Appeal, to which Captain John Vernon is Respondent, are in the Custody of a Person in the Country, at a considerable Distance from Town; and that the Petitioners apprehend, they shall not be prepared for the Hearing in less than a Month;" and praying, That the same may be adjourned to such further Time as to the House shall seem meet."
DIE Lunæ, 28o Octobris.
Ordered, That the Lords with White Staves do, from this House, wait on His Majesty, to congratulate Him on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery 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 same joyful Occasion; and that the Earl of Orford and Lord Hobart do carry the said Message.
Ordered, That the Judges do attend this House on Wednesday Sevennight next, at the Hearing of the Cause wherein Richard Cooke and Nathaniel Wilkes Esquires are Appellants, and Thomas Smee Clerk is Respondent.
DIE Jovis, 31o Octobris.
This Day Henry Earl of Berkshire sat first in Parliament as Earl of Suffolk, after the Death of Henry late Earl of Suffolk; his Lordship 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.
The Earl of Fitzwalter reported, "That the Lords with White Staves (pursuant to the Order of this House of Monday last) had waited on His Majesty, to congratulate Him on the joyful Occasion of her Royal Highness the Princess of Wales's happy Delivery of a Prince; and that His Majesty was pleased to receive the same very graciously; and said, He looked upon it as a fresh Instance of their Lordships Duty and Affection to His Person and Family."
The Earl of Orford reported, "That he and the Lord Hobart had also (according to Order) attended his Royal Highness the Prince of Wales, with the congratulatory Message from this House, on the same joyful Occasion; and that His Royal Highness was pleased to return their Lordships his Thanks, for this Mark of their Duty to the King, and of their Affection to him."
Upon reading the Petition and Appeal of Elizabeth Renton, now Trowell, Daughter of the deceased Sir Thomas Renton Knight, and Thomas Trowell Merchant in London, her Husband, for his Interest; complaining of an Interlocutor of the Lord Ordinary, of the 29th January 1741/2; and also of an Interlocutory of the Lords of Session in Scotland, of the 16th of February following; and likewise of Part of an Interlocutory of the Lord Ordinary, of the 24th of July 1742, made on the Behalf of Thomas Renton, David Nisbet, Doctor David Cockburne, Claud Johnson, and Alexander McConochie; and praying, "That the same may be reversed, varied, or amended; and that the Appellants may have such other Relief as to this House in their great Wisdom and Justice shall seem meet:"
It is Ordered, That the said several Persons last mentioned may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 28th Day of November next; and that Service of this Order upon any one of their Agents or Procurators in the Court below be deemed good Service.