Journal of the House of Lords Volume 27, 1746-1752. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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November 1747, 11-20
DIE Jovis, 12o Novembris.
His Majesty, being seated on the Throne, adorned with His Crown and Regar Ornaments, and attended by 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 then 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."
"Your Majesty's dutiful Subjects, the Commons of this Your Realm in Parliament assembled, have, in Pursuance of Your Majesty's Direction, and of then ancient Right, elected One of then Members to be their Speaker for this Parliament, and their Choice, Sir, having once more fallen upon me for this high and important Trust, they now present me to Your Majesty, for Your Judgement upon their Election Needless will it be in me, Sir, to mention on this Occasion, with regard to myself, what, I fear, cannot but be too well known to Your Majesty It therefore best becomes me, with Silence and Submission, to resign myself to Your Royal Determination"
"After having had such clear Demonstration of your Abilities, Zeal, and Application, in the Service of Himself and of Your Country, in Three successive Parliaments, His Majesty commands me to let you know, that He entirely approves the Choice which His faithful Commons have made, and allows and confirms you to be their Speaker.
"Since Your Majesty has been pleased to confirm the Choice Your Commons have made of me to be then Speaker, it is my Duty, Sir, with all Humility, to conform myself to then Appointment, and Your Royal Approbation of it, begging Your Majesty's favourable Acceptance of my humblest Acknowledgements for this fresh Jnstance of Your Majesty's Grace towards myself, and that Your Majesty will vouchsafe to pardon my Failings and Infirmities, at least, not to impute them in any wise to your Faithful Commons And, that Your Commons in Parliament, Sir, may be the better enabled to discharge their Duty to Your Majesty and then Country, I do, in their Name and on their Behalf, by humble Petition to Your Majesty, lay Claim to all their ancient Rights and Privileges, particularly,
"The King has the utmost Confidence in the Duty and Affection of this House of Commons to His Person and Government, and a high Opinion of that Prudence and Temper which they will use in all then Proceedings, and His Majesty does most readily grant and allow to them all their Privileges, in as full and ample Manner as they have at any Time heretofore been granted or allowed by His Majesty or any of His Royal Predecessors.
"There is one Suit, Sir, which you have made on your own Behalf His Majesty has received the surest Pledge, that no Person in your Station ever stood less in Need of it than yourself, but, that you may want no Support in sustaining the Burden of that important Trust which is reposed in you, His Majesty has directed me to assure you, that He will put the most favourable Construction both on your Words and Actions."
"As One of My principal Views in calling this Parliament was, that I might receive the most clear and certain Inrormation of the Sense of My People on the present Posture of Assairs, I was desirous to meet you as early as your own Convenrence as well as that of the Public would admit.
"By the Advice of My Parliament, I entered into the War against Spain, in order to vindicate and secure the Trade and Commerce of My Subjects, by their Advice also, and in Conformity to My Engagements, I undertook the Support of the Empress Queen of Hangary, and of the just Rights of the House of Austrie In Resentment for this Conduct, so necessary for the Interests of My own Kingdoms and of the ancient Allies of My Crown, France not only declared War against Me, but fomented and supported an unnatural Rebellion within this Kingdom In carrying on this just and necessary War, I have sound the most chearful and vigorous Support from My Parliament And though the Success has not been answerable to our Wishes and just Expectations in The Low Countries, yet it must be allowed, to the Honour of this Nation, that no Part of the Misfortunes can be imputed to us.
"The signal Successes which it has pleased God to grant us at Sea, have made the Enemy feel the Weight of our Naval Strength, to then great Loss, and the real and solid Advantage of this Nation This has appeared most remarkably in the Operations of My Fleet this last Year, which have tended no less to the Honour of the British Flag, than to the Reduction of the Maritime Force and Commerce of France The Government of The United Provinces has once more resumed that Consistency, which will give great Strength to the common Cause, cement more firmly the Friendship between this Kingdom and that Republic, and be a lasting Security to our inseparable Interests. One great Effect of this happy Alteration in Holland has already appeared, in the vigorous Declaration lately made by The States General to the Court of France, and the Orders given by them for committing Hostilities every where against the French King and His Subjects.
"Some Overtures for a general Pacisication have lately been made to Me on the Part of France And though some of the Terms proposed were such as could not be approved, yet, as I have had no other Aim but to bring about a safe and honourable Peace, I have shewn the utmost Inclination to facilitate it, in Conjunction with My Allies, and a Congress is actually agreed to be held at Aix la Chapelle, whither the several Ministers will soon repair. I hope all the Powers concerned will bring with them the same Dispositions to effectuate this great Work on just and reasonable Conditions, which I sincerely have.
"In this Situation, I am confident, you will agree in Opinion with Me, that it is necessary to be vigilant and attentive to every Event, and that there can be no Reason to expect a good Peace, but by being timely prepared to carry on a vigorous and effectual War I therefore rely on your hearty and powerful Support, to enable Me to prosecute the War, in case the Obstinacy of our Enemies, in not agreeing to just and reasonable Terms of Accommodation, should render it unavordable For this Purpose, I am now actually concerting the necessary Measures with My Allies, whose Interests I am determined to adhere to and support I et us be in Readiness, in case the Negotiations should fail of the desired Effect, to convince our Enemies how much they are mistaken, if they vainly imagine that Great Britain and her Allies will submit to receive the Law from any Power whatsoever, and demonstrate to the World, that we will decline no Difficulty or Hazard for the Preservation of the common Liberty, and our own Independency and essential Interests.
"The Necessity of adequate Supplies appears from what has been already mentioned. The proper Estimates for the Services of the ensuing Year shall be laid before you, and I desire you to grant Me such Supplies as your own Security and lasting Welfare, and the present critical and important Situation of Aslaus, require. You may depend on their being applied only to the Purposes for which they shall be given, and if, by the falling out of Events, any Saving can be made, it shall be duly accompted for.
"If any farther Provisions shall be found expedient, to render more effectual the good Laws lately made for the Security of the present Establishment, extinguishing the Spirit of Rebellion, and for the better civilizing, improving, and reducing into Order, any Part of the United Kingdom, I depend on your known Assection to Me and to your Country, seriously and early to set about so good a Work I will only add, that there never was a Conjuncture, in which Unammity Firmness, and Dispatch, were more necessary for the Safety, Honour, and true Interest, of Great Britain"
Sir Jacob Boverie Baronet, being, by Letters Patent, date the 29th of June, in the 21st Year of His present Majesty, created Lord Longford, Baron of Longford in the County of Wilts, and Viscount Tolkestone in the County of Kent, was (in his Robes) introduced, between the Lord Viscount Fauconberg and the Lord Viscount St John (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c To Our Right Trusty and Wellbeloved Cousin Jacob Viscount Folkestone, Greeting. Whereas, by reason of certain arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, by the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirteenth Day of August, in the Twenty-first Year of Our Reign, there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm, which said Parliament hath, by Our several Writs, been prorogued from that Time to and until the Tenth Day of November now next ensuing, at Our City aforesaid, to be then there held, We, strictly enjoining, command you, under the Faith and Allegance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending (waving all Excuses), you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers, of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice, and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Assairs.
Then his Lordship 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 on the lower End of the Earls Bench.
Also, Anthony Duncumbe Esquire, being, by Letters Patent, date the 27th of July, in the 21st Year of His present Majesty, created Lord Feversham, Baron of Downton in the County of Wilts, was (in his Robes) introduced, between the Lord Willoughby of Parham and Lord Edgcumbe (also in their Robes), the Gentleman Usher of the Black Rod and Garter King at Arms preceding.
"George the Second, by the Grace of God, of Great Britain, France, and Ireland, King, Desender of the Faith, &c. To Our Right Trusty and Wellbeloved Anthony Duncombe of Downton Chevalier, Greeting. Whereas, by reason of certain arduoas and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, by the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Thirteenth Day of August, in the Twenty-first Year of Our Reign, there to treat and have Conference with the Prelates, Great Men, and Peers of Our Realm, which said Parliament hath, by Our several Writs, been prorogued from that Time to and until the Tenth Day of November now next ensuing, at Our City aforesaid, to be then there held, We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending (waving all Excuses), you be personally present, at the said Day and Place, with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.
Then his Lordship, having taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes, was placed on the lower End of the Barons Bench.
"To declare our just Sense of His Majesty's publicspirited Views, in entering into this just and necessary War, and of His Goodness, in vindicating the Honour of this Nation from any Imputation arising from the Misfortunes in The Low Countries
"To congratulate His Majesty on the signal Successes with which it has pleased God to bless His Arms by Sea, so greatly to the Honour and Advantage of these Kingdoms, and on the Events which have happened in Holland, in Favour of a Prince allied to His Majesty by the nearest Ties, and in whose Family the Defence of Public Liberty has been hereditary, from which we promise ourselves the strictest Union of Councils between His Majesty and that Republic, and an additional Strength in pursuing such Measures as shall be conducive to the common Good of both Nations, of which we consider the seasonable Declaration lately made by The States General, and the Orders given thereupon, as a strong Indication.
"To thank His Majesty for His Paternal Concern for the Lase of His People, in His sincere Disposition to bring about, in Conjunction with His Allies, an honourable Peace, on just and reasonable Terms, and to express our humble Concurrence in His Majesty's Opinion, that there can be no Reason to expect a good Peace, but by being prepared to carry on a vigorous and effectual War, and our grateful Acknowledgements for His early Care to enter into a proper Concert with His Allies for that Purpose.
"To assure His Majesty, that we will heartily and chearfully concur to enable Him to prosecute the War with Vigour, in case the Obstinacy of our Enemies should render it necessary, and that no Difficulty or Hazard shall lessen our Zeal and Steadiness for the Maintenance of the Honour of His Crown, the Independency and essential Interests of His Kingdom, and the Defence of His Allies, and that we will exert our utmost Firmness, Resolution, and Dispatch, to attain those desirable Ends which His Majesty has so wisely and graciously recommended to us"
"We, Your Majesty's most dutiful and Royal 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 generous and public spirited Views with which Your Majesty entered into this just and necessary War, are evident to the whole World, and Your People have been the more strongly animated to support it, by the Part Your Enemies have taken, not only to overturn the Liberties of Europe in general, but to disturb Your Majesty's Government, the solid Foundation of our Happiness The Events of War are always uncertain, but, at the same Time that we see with the greatest Concern the Misfortunes which have happened in The Low Countries, we gratefully acknowledge Your Majesty's Goodness and Justice, in vindicating the Honour of this Nation from any Imputation arising from thence.
"With unfeigned Joy we congratulate Your Majesty, on the signal Successes with which it has pleased God to bless Your Arms by Sea No Loss can be more sensibly felt by Your Enemies, and no Advantage tend more to the Glory and real Benefit of Your Kingdoms, whose Commerce and Naval Strength must be increased in Proportion as that of France is diminished.
"We cannot approach Your Royal Person, on this Occasion, without expressing our highest Satisfaction in those Events which have happened in Holland, in Favour of a Prince allied to Your Majesty by the nearest Ties, descended from an Illustrious House, in which the Defence of Public Liberty has been hereditary, and which has produced Deliverers of this Country, as well as of that Protestant Republic From this happy Alteration we cannot but promise ourselves the strictest Union of Councils between Your Majesty and The States General, and an additional Strength in pursuing such Measures as shall be most conducive to the common Good of both Nations, of which we consider the seasonable Declaration, lately made by The States to the Court of France, and the Orders given thereupon, as a strong Indication.
"Your Majesty's Paternal Concern for Your People appears in nothing more, than in Your sincere Desire to bring about, in Conjunction with Your Allies, an honourable Peace, on just and reasonable Terms At the same Time that we offer our humble Thanks to Your Majesty, for this gracious Disposition to procure Ease and Repose to Your Subjects, by effectuating this great Work, permit us to assure You, that we are convinced by past Experience, as well as by Your Majesty's prudent Declaration that the only Way to procure a good Peace is to be prepared to carry on a vigorous and effectual War For this Reason, we cannot but gratefully acknowledge Your Majesty's Vigilance and Care to enter into a timely Concert with Your Allies, in order to be in Readiness for that Event.
"We beg Leave, from the Bottom of our Hearts, to give Your Majesty the strongest Assurances of our inviolable Fidelity and Assection to Your Sacred Person, Family, and Government, and that we will heartily and chearfully concur, to enable Your Majesty to prosecure the War with Vigour, in case the Obstinacy of Your Enemies should render it necessary, no Difficulty or Hazard being capable of lessening our Zeal and Steadiness for the Maintenance of the Honour of Your Crown, the Independency and effential Interests of Your Kingdoms, and for the Defence of Your Allies.
"We will not fail to take into our serious Consideration what further Provisions may be expedient, for better securing the present happy Establishment, exunguishing the Spirit of Rebellion, and for reforming and reducing into Order such Parts of the United Kingdom, where the Want of Improvement, Knowledge, and due Obedience to the Laws, has remarkably furnished Opportunities to seduce the People from their Loyalty The Stability of Your Majesty's Throne, the Glory and Tranquillity of Your Reign, and the Prosperity of our Fellow Subjects, we have entirely at Heart, and our utmost Firmness, Resolution, and Dispatch, shall be exerted, to attain those desirable Ends which Your Majesty has so wisely and graciously recommended to us."
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 former Sessions 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 then 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, 13o Novembris.
Epus Litch & Cov
Ds Hardwicke, Cancellarius
Dux Devon, Senescallus
The Lord Steward acquainted the House, "That the Lords with White Staves had (according to Order) 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 Two of the Clock, at His Palace or St James's"
Ordered, That the Cause wherein Joseph Chitty Esquire is Appellant, and His Majesty's Attorney General Respondent, be heard, by Counsel, at the Bar of this House, on Wednesday next, and that the other Causes appointed for hearing the last Session of Parliament do come on to be heard on the Cause-days next following in Course.
DIE Mercurii, 18o Novembris.
The joint and several Answer of Nicholas Moore Esquire, James Poe and Mary his Wife, and James Sherridan Clerk, to the Appeal of John Cahill Esquire and John Cahill Gentleman, Eldest Son and Heir of the said John Cahill, was brought in.
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, (videlicet,)
"Nothing could give Me greater Satisfaction than this dutiful and affectionate Address I heartily thank you for it, and do not doubt but the becoming Zeal you have unanimously expressed, and your ready Concurrence in My Sentiments, will have a very good Effect both with our Friends and Enemies, and strengthen My Hands to pursue such Measures, either of Peace or War, as shall be most conducive to the Interests of My Kingdoms, and the Support of My Allies."
"The Return of the said Commissioners, with the Accounts of prohibited East India Goods and Naval Stores imported, from Michaelmas 1746 to Michaelmas 1747, and also an Account of prohibited East India Goods delivered out of the Warehouses, to be glazed, refreshed, &c for the same Time"
"No 1 An Account of prohibited East India Goods remaining in the East India Warehouses at St Hellens, in the Port of London, at Michaelmas 1746, also what brought in since, what exported, and what remained at Michaelmas 1747"
"No 2 An Account of prohibited East India Goods remaining in the East India Warchouses at Leadenhall, Fenchurch-Street, and Steel-Yard, in the Port of London, at Michaelmas 1746, what have been since brought in, what exported, and what remained at Michaelmas 1747."
"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1746, what have been since brought in, what exported, as also what remained at Michaelmas 1747"
"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 1746, what have been since brought in, what exported, as also what remained at Michaelmas 1747"
"No 5 An Account of prohibited East India Goods which have been delivered out of the Warehouses at St Hellens, Fenchurch Street, Leadenhall Street, and Custom house, in the Port of London, since Michaelmas 1746, in order to be dyed, glazed, &c, what have been returned, and what remained out of the said Warehouses at Michaelmas 1747."
The House was informed, "That Robert Burton, Charles Burton, and Francis Burton, Respondents to the Appeal of Mary Countess of Kildare and others, had not put in any Answer thereunto, though required so to do, by Order of this House of the 12th of June last, upon presenting the said Appeal."
It is Ordered, That the said Respondents do put in their Answer or respective Answers to the said Appeal, in Writing, on or before Wednesday the 23d Day of December next, and that Service of this Order upon their Six Clerk in the Court of Chancery in Ireland be deemed good Service.
The House was informed, "That Sir John Esmond, Respondent to the Appeal of Denry Cusse Esquire and Gracc Cuffe, otherwise Wright, his Wife, had not put in his Answer thereunto, though required so to do, by Order of this House of the 6th of April last, upon presenting the said Appeal"
It is Ordered, That the said Respondent do put in his Answer to the said Appeal, in Writing, on or before Wednesday the 23d Day of December next, and that Service of this Order upon his Six Clerk in the Court of Chancery in Ireland be deemed good Service.
The House was informed, "That Nicholas Biddulph, Respondent to the Appeal of Henry Earl of Shelburne of the Kingdom of Ireland and James Lord Duakerron his Son and Hen Apparent, had not put in his Answer thereunto, though required so to do by Order of this House of the 21st of May last, upon presenting the said Appeal"
It is Ordered, That the said Respondent do put in his Answer to the said Appeal, in Writing, on or before Wednesday the 23d Day of December next, and that Service of this Order upon his Six Clerk in the Court of Chancery in Ireland be deemed good Service.
The House was informed, "That William Binning of Wallyfoord Advocate, Elizabeth Binning, and Jean Binning, Respondents to the Appeal of James Earl of Lauderdale, had not put in any Answer thereunto, though required so to do by Order of this House, of the 26th of November 1746, upon presenting the said Appeal"
It is Ordered, That the said Respondents do put in then Answer or respective Answers to the said Appeal, in Writing, on or before Wednesday the 16th Day of December next, and that Service of this Order on then Lawyer or Agent be deemed good Service.
The House was informed, "That Thomas Woulfe Merchant and others have not put in their Answer to the Appeal of John Skerret and Ignatius French Gentlemen, though duly served with the Order of this House for that Purpose"
After hearing Counsel in Part, upon the Petition and Appeal of Joseph Chitty Esquire, complaining of a Decree of the Court of Exchequer, of the 30th of April 1744, to which His Majesty's Attorney General is Respondent.
DIE Veneris, 20o Novembris.
Upon reading the Petition of Elizabeth Glynn, Widow and Relict and also Administratrix of Nicholas Glynn late of Glynn in the County of Cornwall Esquire, deceased, who was the Eldest Son and Heir at Law of William Glynn heretofore of the same Place Esquire, deceased, by Rose his Wife, late Rose Prideaux, also deceased, for and on Behalf of herself, and for and on Behalf of William Glynn her Infant Son (now under the Age of Thirteen Years) by the said Nicholas Glynn, and of John, Gertude, and Elizabeth Glynn, the only surviving Brother and Sisters of the said Nicholas Glynn, by the said William Glynn and Rose his Wife, praying Leave to bring in a Bill, for Sale of a convenient Part of certain Real Estates in Glynn aforesaid, for Payment of Debts, and for granting and renewing Leases of the Petitioner Elizabeth's Estate, as in the Petition is mentioned, and for other Purposes therein 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 Baron Clive, who are forthwith to summon Persons 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 Persons 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.